The Welsh Coast Pioneer and Review for North Cambria

s; Owing to eii epidemic, of m«a £ -ke in th: neighbourhood, tJja Uav. ir.t'i Elementary oehools, comprising boys', glr is:, and infants' departments, have beaD closed tor throe weeks by order of the M.-dical Officer (Dr. B-oborts). On Thursday Mr W. Webb, stotjenmnsfcex of mlwch, a-rtd formerly of Beeston Castle, re- tired from the oer> ioe of the .London and North-Western slaiiway Oompa-ay,. He a tuc- oreded at Amlwch By Mr Mitfccrd, station- master at St. Asaiph. whote pest at St Asanh is filled by Mi Webb, >c.tc.tk>rma.«tex of Taiy- cafii, a son of tno rt tiring "tatjenmasier \t A;n'w."h. Government duty on tea reduced Id per pound. REDUCTION OF 2d PER POUND in an prices of EORNTMAN'S PURE TEA (no reduction in quality. Sold 'by:—Tho Society, Llandudno; Jones, Chemist, Llandudno Junction- Hughes. Central Stores, and Price. Baker! Abergele-rcad, Colwyn Bay; Roberts. Chem- ist, Llandudno; Higgins, grocer. Prestatyn; New Y7ork _Co-operative Society Penmaen- mawr; Griffiths, Grooer, Llanfairfechan; Prioe and Sons, Grocers, and Williams, Chemist, Old Colwyn; Colwyn Bay and Dis. trict Co-operative Society; and H. Rogers Jones, Chemist, Dcganwv, 6975

Carnarvonshire and the West Riding Judgement. ARBITRARY ACTION BY THE EDUCATION COMMITTEE, TEXT OF COUNSEL'S OPINION. (From Our Reporter.) At a meet'ng of the Carnarvonshire Educa- tion Committee last week. The Cha.irrmn, Mr D. P. Williams, directed attention to the following, which appeared in the report of the Finance Committee — "Mr D P. Williams called attention to the decision cf the Court of Appeal in the case of Jkx v. Wesl Hiring of York Ccsimty Council, with itsgard to tin: payment for religions instruction in non pjovidcd schools, and said lie had desired the secreUi; to take counsel's opinion as to the exact position cf this committee in the matter. The opinion had now been received, tixl counsel stated he had formed an opinion that the Local Education Authority is not en- titled to pay the expense of religious instruc- tion, and that in all probability tho teachers could recover the balance cf their salaries covering tho amount of the deduction made by the Education Authority from the school man- agers, who would bo personally liable, and that [;0 distinction had been made between repre- sentative and foundation managers. After full consider atiesi the following resolutions were adopted: (1) That the managers of each non-provided school in the county be required on or before the 15th day of October instant, to serve all teachers engaged at the school and in the ser- vice of this authority with notice to determine their engagement on the 31st of January next, after which date the Education Authority will cease to pay the teachers for the time devoted by them to imparting denominational religious instruction in such schco's, for which, as the Education Authority arc advised, the managers are personally liable. (2) That a copy of the foregoing resolution be forwarded to every teacher in the non-provdf-d schools of the county, and they be informed that in anj- case -\vhcK-* the existing' agreement has not been determined by the managers, the Edu- cation Authority will make a deduction, cf onc- tciith from the salaries of all teachers m non- piovidod schools from and after the 1st of Feb- ruary next, to cover the proportion of trie de- moted by them to imparting religious instruction in such schools, in accordance with the odicial time table now in force." Tho Chairman asked whether any member had any comment to make on tho matter? For a t.imo no member seemed ^disposed to question, the judgment of the Finance Com- mittee and the Chairman was about to proceed to the next business, when STRONG CRITICISM BY MR ISSAKD DAVIES. Mr Issard Daves said ho would appeal to committee to delete the whole of that port-on of the Finance Committee's", report. He did so not alone U), the interests of justice and peace, but beciuse he was convinced that if the prseent •recommendation were adopted it would land that committee in greater difficulties than any they had so far experienced, lie wanted them to face the clear issuo raised by that recom- mendation, which was a choice between religiou education and a purely secular education for ail their schools. The Chairman: No! No! Mr Issard Davies maintained that what he had said was correct. He admitted that at present the West lu-dmg judgment held the Held. But that wa.? a decision given ujxjn one is;ue, and upon one issue only. All that the judgment had sntU-d was that the Local Education Authority was not compelled to pay for religious instruc- tion in tiny elementary school. But in the pre- sent recomniendiation it was proposed to go out- side that judgment, and to declare that what the Court of Appeal said was not compulsory actually illegal. He could not. acceyjt that view. The code regulating the schools did not savthat le'iigious ir.itruction was illegal,and that meant that it was optional. But the recommen- dation they were now asked to adopt laid "■*>v. n the new principle that what is not obligatory is not pirmisfiblo. Now, where did that prin- ciple leid them? They were no more empowered to religious instruction hi the Council jehoo'.s than in Iho non-providod schools (cries of "Dissent"). He admired the Chairman's ex- eessivo teal for ebse-rvhig the requirements of the I-aw in this'matter (laughter). Having re- gard for the Chairman's post attitude towards the Education Act- of 1902, his presont over powering ze.al for keeping within the law would come as a rc'resninig stimulus to the managers and friends of voluntary schools (loud laughter). He would, ho.ve .'cr, ask why had the Chairman and Mr Evan 11. Davies not asked counsel s opinion upon the whole question? There were three points in particular upon which it wou.o have been m tho highest oesirabje to obtain an author it ufave opinion. these three were;—(1) Is it illegal to pay for denominational instruction in non-provided schools? (4 Is it illegal to pay for undenominational instruction in non-provided schools? (3) Is it illegal to pay for undenominational instruction in Council school s ? "llad the case been put to counsel in that form they have known exactly where tpcy stex,o. But Mr D. P. Williams and Mr E. H. Davies had been very careful to ask the Jinst, and equally careful to avoid the last. It was there- fore obvious that the present opinion had been obtained for a special purpose. They had not asked the last question because, ha.d they done sc. the answer would have been the same as that given to the first. Lord Justice Farwell. in giving his judgment upon this matter, had made the matter quite clear. He had given the definition of a public elementary school as laid down by Section 7 of the Education Act of 1370, and as that section was not repealed by the Act of 1902 it still held good. The three essential conditions were: (1) That no religious test could be applied to the children; (2) that no religious tcAching. could be made compulsory; (3) that no religious teaching was to be paid for from the Parliamentary grant. Consequently, if the present recommendation were adopted it would mean the exclusions of all religious in- struction from their elementary schools. Several Members: No! No! Mr John Williams: Denominational instruction only. Mr Issard Davies: Pardon me, but what is eauce for the non-provided goose must be sauce for the provided gander as we'll (laughter). If religious instruction was not to be paid for from the public funds, how were they going to give it? The Nonconformists had no funds to provide for it more than the Church had. The Councils had collared the Church School endowments and buildings on the supposition that these would bo an equivalent for the cost of the religious teaching. But now they proposed to repudiate their part of tho contract, but to stick to the buildmgs all the same Ho hoped that the Council and that committee wouid not be guilty of such a dishonourable and dishonest act. If, however, they determined upon this course, let them at least be honest, a.nd tell the people that they had determined to go in for secular education pure a.nd simple (cries of dissent). If secular education was so abhorrent to them as they wanted the public to believe, then let them ask the Government to pass a Suspensory Bill, authorising them to continue paying for religions teaching until tho law could be amended. That would be an honourable eoun-e for them to pursue. They hid the precedent of the Cocker- ton judgment lC go The Government- had then passed w Suspensory Bill enabling School Boards to carry on tJIG work until the law was amended. They need not fear being surcharged. Ho would again r^/er them to the Cockerton case. The London School Board had fcnapood its fingers at th(1 judgment, and when the dis- trict auditor surcharged them, tho Local Govern- ment Board had promptly remitted the surcharge. And surely a. Liberal Government would not bo loss generous than a Conservative or.e (laughter). There was another point he would wish to make. All non-provided schools had deeds. According to those trust deeds re- ligious instruction must be given in the schools. Mr John Williams: Denominational instruction. Mr Issard Davies: Net uccoesaj-ily denomina- tional, but such religious instruction as was re- quired by thft trust ,1.?d.. Now the Education Act of 1902 in Section 7 specifically required that: 'Tlclknons instruction given in a public elementary school not provided by the local educvf-A-n authority shall, as regards its chariM'itfr, K; in accordanco with the pro- visions of tha trust deed relating thereto." Under that section of the Act they would lose tho Government grant if they failed to givo re- ligious instruction in accordance with the trust deed. Then there was the schoolmaster. The teacher would continue to givo the Council tho e-amo hours of service, why then should they dock his salary? And what about the children? The-children were compelled to attend school at nine o'clock, and if they did not attend tho parents would be summoned before the magis- trates. Mr E. R. Davies: No, no. Mr Jsrard Davies: Well, those arc the regula- tions of this committee — whether our officials enforce these regulations is another matter. Let us tnen assume that the children do not como to school until ten o'clock, and what would Mr J. R. Pritehard, as chairman of the School At- tendance Committee, say? They would be sim- ply encouraging child labour, 'for the parents would keep tho children working until the last moment. And what would they as an education authority be the better for getting children to school when they were not fit to do their echocrl work? A WAITING POLICY ADVOCATED. Managers were to bj asked to givo notice to the teachers. If theso instructions were carried out there would be 50 or 60 vacancies in the' schools of the county in January next. Managers would refuse to appoint teachers,, whoso salaries thoy might be called upon to provide. If tho committee appointed the teachers they would have to advance the salaries at lea^t 20 per A- cent. to bring them up to the level of the Council Schools. He would on these grounds earnestly appeal to them to waiv and see what the result would be between this and Christmas. Lord Stanley had advised the Anglesey Com- mittee to wait, and the counsel was sound. He could assure that committee that there would be fewer scars and fewer painful memories left in the county if the committee now deferred this matter instead of pursuing the course suggested by the Finance Committee. He moved that the paragraph be deleted, and the further consideration of the matter be deferred for the present. There was no seconder, and the Chairman an- nounced that the amendment had therefore fallen through. Mr Richard Davies thought this an opportunity for those who adovcated giving denominational instruction manifesting their zeal for it by paying for it themselves. Mr Robt. Roberts, Llandudno, protested against the procedure adopted. The matter should have come before the whole committee, instead of as a recommendation from the Finance Com- mittee. The Chairman explained that the question was an urgent one, and a financial one, and there- fore it was the duty of the Finance Committee to take it up. Mr Issard Davics saJd if it was a matter of urgency why had not the Emergency Committee been called together? Mr E. R. Davies, the clerk, said the questions submitted to counsel were entirely based upon the West Riding judgment, and did not go out- side that judgment, as Mr Issard Daviess questions would have done. Ho then read the questions submitted to counsel, and counsel's opinion thereon as follows:— THE QUESTIONS SUBMITTED TO COUNSEL. The questions asked were: 1. Whether a local education authority is com- pelled to make a proportionate deduction from all salaries payable to teachers in non-provided schools immediately, and henceforth on account of time devoted to imparting religious instruction? or alternatively, 2. Can such proportion be recovered as a debt from the trustees cr managers cf the individual schoo-s afiected if the local education authority continue to pay the salaries in full; 3, If the deduction is made from the salaries oi the teachers by the local education authority 1u 'i P' that the teachers can recover the ba.ance of their salaries from the manasrers o- the school—if so, are the managers personally responsible, and will the representative managers appointed under Section 6 of the Education Act 102, be equally responsible with the foundation ma nagors ? 4 Can the local education authority recover the proportion of salary which seems to have been improperly paid since the appointed day, eiiher trom tho teachers or the managers' THE OPINION OF COUNSEL 1-The recent case cf Rex v. West Riding of y orlo^ure County Council decided that the Local Lc.ucaiion Authority is not under anv obi ga- tion to pay the expense of reiigious instruction in non-proviQcd schools—in ot-ii^r words, that it is no part of its duty to provide any such re- ligious instruction. 'The question whether the 1??! I^due'ltlon Authority is entitled if it thmko lit to pay for such religious instruction was not de-xded. The question seems to mo to be an extremely difficult one, but after a further perusal of the material sections of tho Act and of a full copy of the judgments of the Court of Appeal, I have formed the opinion that the Local Education Authority is not en- t-t.Icd to pay the expense c-f religious instruc- tion. It seems to me to be the logical result of the decision that as it is rot part of its obb- ga.t.oci to provide religious instruction the Local Education Authority cannot voluntarily devote the ratepayers money to such purposes' At the same tune, I do not think that the Local Education Authority ought immediately to make a proportionate deduction from the salaries payable under existing agreements w'th teachers These agreements were made by the managers with the approval of the Local Edu- cation Authority, and I tiblnk that the managers are entitled to look to the Local Education Authority to pay the salaries mentioned in the agreements. I' I think tha.t the Local Education Authority should at. once inform the managers that it wid not continue to pay the proportion attributable to religious instruction after the date when tho existing agreements can be lawfully terminated by the managers, and should request them to terminate the existing F.grcemonts at the earliest date, end to lenew them in a form which will not raise the question. 2. I do not see how this question can arise unless the Education Authority is surcharged in their account, but in any event I am of opinion that tho proportion could not be recovered from the trustü2s or m&"1gers, 3. I think that in all probability the teachers could recover the balance of their salaries from the managers, and that the managers arc per- sonally liable, but I hardly like to express a de- finite opinion without seeing a copy of the agrocmantg.betivoen the managers and teachers. If the managers are personally liable, I think they would be entitled to be recouped out of moneys in their hands applicable for the school. I do not think thore would be any distinction .between the representative and foundation managers. v 4. No. I am of opinion that the Local Edu- Authority could not recover these back payments either from tho truskcs or the man- Mr E. R. Davies f-a:(I, in further explanation, that the Finance Committee did .rot propose to proceed with any urduc haste. It was possible that the need would never arise to enforce the notice? at all. But the givipg of the notices would place the committee in a legal position by which, after January 31st, they would not be liab1) for the salaries of teachers for the time devoted to religious instruction. He d's- sented from Mr Irsard Davies's view that the judgment afiected Council schools at all. The whole pomt was that the Councils were asked to pay for reli00us instrvctio:1 in non-provided schools, which they could not control. They could and did control the religious instruction in the Council schools, and tihat made all the difference. After some further discussion tho recommend a- tions of tho Finance Committee given above were adopted, Mr Issard Davies aJone dissent- in.g.

RIFLE SHOOTING AS A WINTER EVENING PURSUIT. (To the Editor of the "Pioneer"). Sir,—With the approach of the autumn and winter months (J. problem which confronts these who are engaged at work during the day is, shall we do with our winter evenings?" and a? a solution to this question I should like to a,ai:1 luring very forcibly to the notice of all Englishmen how incumbent it is upon them that they should become skilled in the hand- ling of a weapon which can be used in defence of their country should ever they bo called upon to defend its shores. The subject of rifle shooting has received very great prominence in the columns of the pnxs since the memorable warning isfued t".> our fellow-countrymen in June of last year by the late Commander-in-Chief of tho British Army, Field-Marshal Earl Roberts, and I trust that I shall net be thought to be gaiity of plagiarism if I also urge the necessity for all the young mctni cf this country to practice lifle shooting. Tho Society of Miniature Rifle Clubs, of which Lord Roberts is president, and of the committee of which I am chairman, has, during tho five years, done -all in its power to make rifle shooting the pursuit and par,time of all Englishmen. Its efforts, I am pleased to say. have not been unsuccessful; it has been instrumental in forming over fiCO rifle clubs. It has held many rine shooting tournaments throughout tho kingdom, a.nd it lias, in a word, shewn how rifle shooting can he brought to the very doors of the masses. That- its" work is appreciated by those who are in position to judge of its value is evidenced by the fact that the War Circe has recently granted to the cabs affiliated to it the same facilities as arc granted to the clubs affiliated to the National RiCe Association, prominent amongst Vvhich is ex- emption from payment of gun licence by mem- bers of clubs using rifle ranges for miniature rifle practice. I am afraid that the reason a larger number of rifle clubs do not exist at tho present time is that the general public is ignorant as to tho requirements nccessary for the fitting up of a range, and I should like to point out that ia the event of open space not be in? obtainable al- most any hall or room of net less than say 60 feet in length can. at very small ccst be pro- tected in such a way as to afford Îcilities for tho carrying on of rifle shooting practice, and if th-o £ b desirous of bringing about the forma- tion of a. rifle club will communicate with the secretary of the Society of Miniature nine Clubs. 20, Bucl-dorsbary. London, E.C.. ihov will be supplied with full information en the subject.. The cost of tho erection of an indoor rar„ge is by no moans groat, and under ordinary circum- stanecs a sum of B20 should more than, cover the outlay necessary, and ghotdd be sufficient in addition to a club wiih at least tliree rifes. In conclusion, I should like to monition that those who are tsaa&lo to themselves bring about tho formation of a rifle club in any particular district can assist this great movement by a contribution, however smaii, towards its funds. The work that the Society of "Miniaturo Rifle Clubs lias in hand is a national ()f;;e. and should receive national recognition. Our progress is greatly hampered by want of funds, and the committee would bo g.rcatfvd. if those interested in tho society's obj^vts would show (heir ap- preciation of its woik by making 8," monetary eontnibutioriw I shall bo very glad indeed to acknowledge anv sum which may be sent to me.—I am, eta, Norfolk Ilouro, NORFOLK, >3f>. James, London. S.W., Chairman, September 29th, 1906*

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