ful exertion in the market can be interpreted as "restraining trade."

In the case of R. v. Harris (Carrington and Marsham's Reports, 662) C. J. Tindal said: "If there is one right which beyond all others the labourer ought to be able to call his own, it is the right to the exertion of his own personal strength and skill, in the full enjoyment of his own free will, altogether unshackled by the control or dictates of his fellow-workmen;"" yet strange to say, this very right, which the discontented workman claims for himself to the fullest extent, he does by a blind perversity and unaccountable selfishness entirely refuse to his fellows who differ in opinion from himself." The spirit of these sentences is no doubt admirable, but, with all deference to so high an authority, we must distinguish between a right to labour and a right not to labour, and if the Chief Justice intended to affirm that every "free will" has a legal right to be continued in employment when it is the interest of the employer to yield to the opinion, it may be to the caprice, of his union workmen, who desire that the "free will" be discharged, we fear that such a right would turn out to be an impracticable novelty.

A good example has recently been given of the lingering prejudice that combination of workmen is necessarily wrong. The London gas-stokers were punished for breach of contract, and also for conspiracy to leave work without notice. If they had waited for seven days after sending in their ultimatum, their contracts would not have been broken, and there would have been no conspiracy. If their ultimatum had been reasonable, but the Gas Companies resolved on a general lock-out, who would have dreamed of making the directors responsible for the darkness in which London was involved? W. C. S.


35 AND 36 VICT. CAP. 62.

THE chief object of this Act is to exchange a denominational for a great and really national system of education. It is a measure by means of which, at the cost of the ratepayers, available and sufficient accommodation will be provided, so as to secure the efficient education of all the children within Scotland who are not otherwise provided for.

It establishes, in every parish and burgh in Scotland, a popularly elected School Board. The principal duties devolving on such boards are, the provision of additional school accommodation where that is required; the management (including the appointment of teachers) of all the rate-supported schools within their respective districts, and the imposition and levying of "school-rates." The School Boards must also secure the elementary education of all the children within their respective districts, even by compulsion if necessary.

It has been left to the boards to decide whether or not the religious element is to be introduced into the public schools. The Lord Advocate proposed to deal with this matter by saying nothing about it, feeling convinced that the people would continue to teach religion in their schools as they had always done; but the wisdom of the House of Lords introduced into the preamble an addition by which religion, though not enacted, is recognised. This addition, as remodelled in committee of the Commons, was finally agreed to.

Having said so much by way of preface, we may .now direct atenttion to the more important sections of the Act.


Section 2 deals with the expenses of the Scotch Education Department. The salaries of the officers of this department, together with the whole of its expenses, are to be defrayed out of money voted by Parliament.

On the 9th of August last, the Queen in Council appointed the Marquis of Ripon, Mr. W. E. Forster, the Duke of Argyll, Mr. H. A Bruce (Home Secretary), and the Lord Advocate, to be a committee of Council on Education in Scotland. These compose the "Scotch Education Department" of the Privy Council. It may be observed that the two first of those gentlemen are respectively Lord President of the Privy Council, and Vice-President of the Committee of Council on Education. The complexion of this department is rather English than Scotch, as it contains three Englishmen and only two Scotchmen, viz., the Duke of Argyll and the Lord Advocate.

While the Board of Education is sitting, this department will have little else to do than to frame the minutes, fixing the rates and conditions according to which parliamentary grants will be given to the schools. After the Board of Education has ceased to exist its powers and duties will devolve on this department.


Sections 3 to 7 inclusive provide for the establishment of the Board of Education. This board, whose office is in Edinburgh, consists of five gentlemen and a secretary. The chairman and secretary each receive £600, and Principal Tulloch and Sir Alexander Grant, Bart., £300 each per annum. The dignity and importance of the Board called for more liberal treatment at the hands of Government.1 The other two members are unpaid.

This Board was established with a view to the institution and organization of schools and school boards, under the provisions of the Act. They are to submit to the Department the conditions according to which they consider that parliamentary grants should be dis"It is considered probable that Government may be induced to reconsider this matter.

tributed; but the Department is not bound to accept their advice on this subject. The duty of determining the rates and conditions according to which said grants may be given, and of framing the minutes containing the same, rests with the Department. The Board is responsible to the Department, and must annually submit to it a report to be laid before Parliament. Though the chairman, Sir John Don Wauchope, Bart., Principal Tulloch, and Sir Alexander Grant, Bart., are paid members, there is no guarantee that we shall at any time have the benefit of their combined wisdom, as the Act is extremely indulgent to them in the matter of attendance at the meetings of the Board; and still more so in reference to attendance at other times in the office of the Board. "Two members shall be a quorum" at meetings of the Board, and all the Act demands of the Board at other times is, that the chairman or some other member, as may be arranged, and the secretary, must give regular attendance at the office, at ordinary business hours, during nine months in the year, unless when unavoidably prevented.

All the expenses of the Board are to be defrayed by Parliament.


Sections 8 to 22 inclusive contain provisions in reference to the Constitution of School Districts and the Election of School Boards. According to section 8, a School Board must be elected in, and for, each and every parish and burgh by the 6th of August 1873. This School Board will be the local educational authority. There are, however, three exceptions

1st, When, before the 6th of August 1872, two or more parishes or parts of parishes were united quoad omnia or quoad sacra, they are to be esteemed one parish (section 10).

2d, When the Board of Education consider a parish too small to act separately, they may throw it into an adjacent parish (section 17).

3d, When School Boards of adjoining parishes have, with consent of the Sheriff, detached portions of their parishes and erected them into a separate School District (section 17). Our legislators have omitted to point out to us who the parties are who are to elect the returning officers at School Board elections in districts formed under the provisions of this section. No machinery has been provided."

According to section 19, the Board of Education may, at any time after the 6th August 1875, order that any burgh,3 or town, for which a board has been elected, shall, after a specified time, cease to have a separate School Board, and shall be included in the

1 The area of a parish is exclusive of the area of any burgh or part of a burgh situated therein for which a School Board is required to be elected (section 9).

It is understood that the Board of Education have been requested to supply what is wanting.

3 Any dispute in reference to the area of a burgh is to be finally settled by the Board of Education, or the Sheriff, on an application by the School Board, authorized by the Board of Education.

parish in which it is situated, and be subject to the parish School Board.

Section 11 provides for cases in which burghs may be united with parishes. The Board of Education may, within six months after the 6th August 1872, order that any burgh, with a population not exceeding 3000, shall be dealt with as part of the parish in which the same or the greater part is situated.


Section 18 provides for the election of a School Board in a burgh for which a School Board has not previously been elected. This is done by order of the Board of Education; but the order cannot be made until after 6th August 1875.

Each parish and burgh must have the election of its School Board completed at latest by the 6th August 1873 (section 8).

The First Election (section 12) of a School Board must be conducted according to the following provisions, viz. :—

1st, The number of members on a School Board must not be fewer than five nor more than fifteen, as the Board of Education may determine.

2d, The Electors consist of all persons (male and female) of lawful age (except teachers in public or state-aided schools, section 12), whose names appear on the valuation roll as owners or occupiers of lands or heritages of the annual value of £4. 3d, In each parish the heritors and minister must, soon after the issue of the rules for first elections, make arrangements for the election of the School Board of their parish, and appoint a fit person to be returning officer at the election. They must also intimate these arrangements to the Board of Education.

4th, In burghs, the Town Councils (or else the bodies specified in schedule A annexed to the Act) must make similar arrangements. If either of the bodies mentioned under the third or fourth head fail, for three months after the publication of the rules aforesaid, to perform the duties above referred to, then at the request of the Board of Education the duty will be performed by the Sheriff of the county.

5th, The rules for first elections of School Boards must be published by the Board of Education in the Edinburgh Gazette within six months from 6th August 1872.

At every election voters are entitled to a number of votes equal to the number of members to be elected, and may distribute their votes in any way they please.

The Board of Education have ruled that the voting shall be by ballot. Whether or not it is within their province so to decide is a matter as to which there is considerable difference of opinion.

Schedule B consists of general rules for the election of members of School Boards subsequent to the first election; and section 13 provides

that each School Board is to remain in office until a new election has taken place. The time for elections subsequent to the first is to be fixed by the Department. Elections are to be as nearly as possible triennial. The School Board in office must, in good time, take the necessary steps for the election of the new School Board. Should any election not take place as required by the Act, the department may order it-or may allow the existing School Board to continue-or may nominate a School Board in the manner provided in section 20. Vacancies are to be supplied by the School Board itself. Section 14 provides for determination of questions as to School Board elections.

Candidates having the majority of votes at any election shall be elected, and in case of equality the returning officer must decide which is to be deemed elected.

Any question regarding the election of a candidate is to be summarily and finally determined by the Sheriff, on the petition of any one having a locus standi.

In case of an invalid election (section 15), the School Board itself shall appoint a person to be a member of the Board, in place of such person whose election has been declared invalid. If there is not a quorum, or if the School Board fail for three weeks to make such appointment, the Board of Education may order a new election of as many members as are necessary.

Section 19 provides for cases in which the parish School Board may include the burgh School Board.


School Boards have power under section 22 to commit the management of any school under their charge to three or more managers, and they may delegate to them all their power, except that of raising money.

The principal officers to be appointed by the School Boards are treated of in sections 48, 52 and 70. School Boards must, either singly, or conjointly with neighbouring School Boards, appoint a Treasurer (section 48), and they may appoint a clerk (section 52), but are not obliged to do so, and each must appoint an officer to report defaulting parents (section 70).


School Boards must provide a sufficient supply of public school accommodation for all those for whom suitable provision is not otherwise made (section 26), and with a view to this,

Section 27 provides that School Boards, as soon as elected, must ascertain the amount of school accommodation and the extent and quality of the provisions for supplying education in each parish and burgh, and without delay report to the Board of Education. In certain cases the Board of Education may order an inquiry (section 29).

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