IMAGE EVALUATION TEST TARGET (MT-3) .V^ ^. 1.0 ISiK» |2.5 ■50 ^^^ niHii f Ui 12.2 U_ 1.6 I.I 1.25 6" -► / Photographic Sciences Corporation 33 WEST MAIN STtEET WEBSTER, N.Y. 14580 (716) 872-4503 6^ CIHM Microfiche Series (l\/lonographs) ICIVIH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tech lical aid Bibliographic Notes / Notes techniques et bibliographiques The institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. n Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagte Covers restored and/or laminated/ Couverture restauree et/ou pelliculie □ Cover title mi Le titre de coi issing/ couverture manque I I Coloured maps/ D D a n n Caites giographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge interieure Blank leaves added during restoration may aopear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^s lors d'une restauration apparaissent dans le texte, mais, lorsque cela etait possible, ces pages n'ont pas Qte filmees. Additional comments:/ Commentaires supplementaires: This Item is filmed at the reduction ratio checked below/ Ce document est filme au taux de reduction indique ci-dessous. •OX UX 18X L'Institut a microfilm* le meilleur exemplaire qu'il lui a iti possible de st procurer. Les details de cet exemplaire qui sont peut-4tre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la mithode normale de f ilmage sont indiqu^s ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommag^ □ Pages restored and/or laminated/ Pages restaurtes et/ou pellicultes Pages discoloured, stained or foxed/ Pages dicolories, tacheties ou piquees □ Pages detached/ Pages ditcchtes Showthrough/ Transparence varies/ inigale de I'impression □ Quality of print van Qualite inigale de I' □ Continuous pagination/ Pagination continue □ Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de I'entete provient: □ Title page of issue Page de titre de la □ Caption of issue/ Titre de depart de la D livraison livraison Masthead/ Generique (periodiques) de !a livraison 22X 26X 30X 12X 16X 20X 24 X 28X H 32 X Tha copy filmtd har« has baan raproducau thanka to tha ganarosity of: Harold Campbell Vaughan Memorial Library Acadia University. Tha imagaa appaaring hara ara tha baat quality posaibia conaidaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacificationa. Origins, copies in printad papar covars arc filmad baglnning with tha front eovar and anding on tha iast paga with a pi-intad or illustratad imprea- sion, or tha back covar whan appropriata. All othar original copiaa ara filmad baglnning on tha first paga with a printad or illuatratad impraa- sion. and anding on tha iaat paga with a printad or illustratad imprassion. Tha laat racordad frsma on aach microficha shall contain tha symbol ^^ (maaning "CON- TINU5D"). or tha symbol V (maaning "END"), whichavar appliaa. Mapa. platita, charts, ate. may ba filmad at diffarant raduction ratioa. Thoaa too larga to ba antiraly inciudad in ono axpoaura ara filmad baglnning in tha uppar laft hand comar. lai^ to right and top to bottom, as many framaa aa requirad. Tha following diagrams illustrata tha mathod: L'sxamplaira filmA fut raproduit arice i la ginirositi da: Harold Campbell Vaughan Memorial Library Acadia University. Laa imagas suivantaa ont 4t« raproduitas avac la plus grand soin. coropta tanu da lu condition at da la nattat* do l'axan-:p)aira film«. at an conformity avac laa conditions du contrst da filmaga. Laa axnmplairaa originaux dont la couvartura an papiar ast imprimte sont filmte an commanpant par la pramiar plat at an tarminant soit par la darniAra paga qui comporta una amprainta d'impraaaion ou d'illustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas origiriaux sont filmte an commanpant par la pramiAra paga qui comporta una amprainta d'imprasaion ou d'illustration at an tarminant par la darniira pag« qui comporta una talla amprainta. Un doa symbolaa suivants apparaitra sur la damiAra imago do chaqua microficha, salon la caa: la symbola — » signifia "A SUIVRE", la symbols V signifia "FIN". Laa cartas, planchas. tablaaux. etc.. pauvant dtra fllmia i daa taux da reduction diff«rants. Lorsqua la documant ast trop grand pour itra raproduit an un saul clichA. il sst film* d par.ir da i'angia su|;i*riaur gaucha. da gaucha it d'/oita, at da heut an baa. 9n pranant la nombra d'imagas n^cassaira. Las diagrar/imes suivants iliustront la n<*thoda. 1 2 3 1 2 3 4 5 6 ^?fSS4'. Il If A J I*n ., .. 'i, ^■t)J}. A r UPON CHARfJES UELATING TO THE BATHURSf SCHOOLS AND OTHER SCHOOLS IN GLOUCESTER COUNTY -- BY THE HON. JOHN J. FRASER, JUDGE OF THE SUPREME COURT SPECIAL COMMISSIONER UNDER THE GREAT SEAL OF THE PROVINCE OF NEW BRUNSWICK PRINTED FOR THE LEGISLATURE / 1894 MMMi fp^pw-^^. ■IHjMeMWI \* REPORT ON BATHUR8T SCHOOLS. Report ok the Undersigned, the Honorable John James Fraser THE Commissioner appointed bv His Honor the Lieutenant GOVERNOR IN Council to investigate certain matters of com- .'LAINT RESPECTING THE CoMMON SCHOOLS IN THE ToWN AND \ILLAGE OF BaTHURST AND IN THE C0UN^^r OF GLOUCESTER: Havin.2: received the Comn.ission issued on the 18th day of April last by H,s Honor, the Honorable Sir Samuel Leonard Tilley.' C B K C m' G LL. D.. Lieutenant Governor of the Province, under the Great Seal of the Province, and by virtue of the powers and authorities vested in him under the Act of Assembly. 49th Victoria.Chapter 4, intituled "An Act to authonze the issue of Commissions under the Great Seal for certain pur. poses .whereby I, the undersigned John James Fraser. was appointed sole Connnissioner to proceed to the Town of Bathurst in the County of Glou- cester, and there to inquire into an.l thoroughly investigate all complaints charging any infraction of the School Law and Regulations of the Board of Education by oi on the part of the teachers or trustees, or any or either of them, in School District No. 2. in the Town of Bathurst, as well as in School District No. 16, in the Parish of Bathurst. in the said County of Gloucester, or complaining of the management of the schools or any of them in the, said districts or either of them, and also any and every matter of complaint touching the management of any school or schools in the said County of Gloucester which might be laid before me, and to report under my hand all evidence that I might take or receive thereupon to- gether with a statement of the facts which in my opinion should be estab- hshed by the evidence ,so taken; I have the honor to report that immediate y upon the receipt of the .said Commission, and on the 9th day of May last. I gave public notice by publication in the provincial press of the issu- ing of the .said Commission, and of my intention to begin inquiry as Com- m,,ss.oner into the matters named in the Commission at the CourtHouse in \t'b<^2^ / >i -:i>^ ? '>MaHiMM«ii«l«4 •^\ theTownof BathurstonT„e.s.lay, the SOtl, .lav of Mav thon next an.l roqt„ring that all the nuatters of complaint which I .^as o.npowored to mqu.ro into shoul.l I. prosontcl to .no in w.itin, not lat... than 1< n.lav, the 2Gth May ; and in pursuance of such notice, on the 2.Sr.l May. I recoiCo.l n .statement in writin. of grounds of con.plaint n.a.l. hy the -.vorend Alexander F. Tho.nson, of Bathu.st Village, and on the sa.ne ,lay I received a stato,nent signed by Patrick Maloney and others, trustees and ratepayers m School D.strict No. 8, North Teteagouche. i.. the Pa.ish of Bath.^rst seeking an inquiry into an alleged infraction of the School Law in that district. Mr. Thomson .subsequently applied to n.e by letter asking to be pe,- rnitted to withdraw hi, written complaint, a.id to substitute therefor a printed statement, which printed state.nent signed by hi,., was handed to me on the 2oth day of May last, by Mr. Fowler, one of the coun.sel acting for Mr. Thomson. " That on Tuesday, the 30th day of May last, at the Court House in Ba hurst the inquiry under the .said Comn.ission was opened by the .-eadinK or the Uommission. " The Reverend M.-. Thomson was represented by the Hono. able Charles N. Skinner, Q. C, and George W. Fowler, Esquire. Barriste.-at-law, as his counsel. The T,,,,,tee, of School, of District N„, 2. i„ tho Town of Bathur.t and of D,st„ot No. ,6, in the Pamh of Bath„,.t, were repre,entod hy Richanl Lawlor and Na^e.^e A. Landry, E,„„iro», Ba,ri,tors.at.iaw, a, their counsel and the Board of Education wa,, represented by tho Hon. A. S. White the' [solicitor General, as counsel. After the reading of the Oo,„„,i,,,,i„n, I, with the con,,ent of all the conse , per,„,tted the withdrawal l,y Mr. Thomson of the written eo,n- pla,nt wh,eh I had received fr„,„ hi,„ „„ the 2Sd May. and allowed hin, to the tot seventeen word,, of snb.section (E) of Complaint No S After tins I proceed..! to hear the testimony of all sneh person, as were called by the respective parties as witnes.,es ; and as bv the Commit ».on I was required tp report not only all the evidence take'n. but a .state ment of the fact, which in ,„y opinion should be established by e ItT " ,"■ ' *°"*'" " '''"'"•'' '° ''-^ "•» -™-l ~-- a, to What thev considon " • - I'ed had been established 1 .y the evidence taken. Th i.s ^m^m^^^m^w^^ww'^ aiyuiiit'iit of counsel took place at Frt'llei'ictoii oil till' Htli, !)tli, lOtli uiid lltli ilays of Aui;iist last, ami on thu I9th Auj^iist last tlio evidence was taken before ino of John Philip Boudi-reaii, forimnly a school teaelu'V in (jloucL'sttr County, who was residing in the State of Wistoiisin w'M'n tlit; investigation was heing proceeiled with at Bathurst, and wlio had only returned to the Province on the 8th of August. The evidence having iieen all taken, and Counsel having, as I have already stated, presented theif several views as to what in their opinion and according to their argument had or hail not Iteen established hy the evidence, it now becomes my duty to set forth a statement of the facts which in my opinion have been established by the evidence taken. Before dealing with the subject matter, I may say that when I accepted the duty imposed upon me by the Commission, I felt that the fullest liberty of examination should be accorded to all parties, ami where it might Vie at all doubtful whether the evidence ottered could be considered strictly within the scope of the iiupiiry or not, that it would be much better for me to hear it, although it might afterwards turn out t) be beside the cpiestion. Acting upon this view it will be seen by reference to the evidence that the inquiry was an uidimited one, and that the complainants had the fullest possible range in conducting the examination of witnesses ; indeed so full and complete were the opportunities aftbrded to the complainants to get witnesses, and to ask any and every (question they dcsireil, that the counsel for complainants stated openly at the investigation ^bat every facility had been furnished them by the Solicitor General in th.- ..'.spcct. The evidence taken is very voluminous, and a not inconsiderable por- tion of it has no bea "ing on the subject matter of the inquiry ; and had it not been for my desire to let the complainants get out all the testimony they f bought necessary, I would have ruled, that very much of the evidence offered had nothing whatever to do with the matter. It may be interesting reading, and, no doubt, is so ; but when one comes down to ascertain as a fact whether or not the schools in Bathurst or in Gloucester County have or have not been conducted in accordance with law and the regulations of the Board of Education, such evidence is of very little value. In making up a report in this matter, I have tliought it best to take up each ground of the complaint in the order in which it is placed in the printed staten>ent presented by the Reverend Mr. Thomson, preserving his iiuinbcrs and divisions ,so as to make it more easy of reference. The com. \ X / A- "i \ 'I' •-o„„t.v„,Q,„„„,„,^ i„ s„ ™ ^r- ^,'" ">« Town of Ba*,„., i„ ."«'"'"""'-<' Roman att„,i, "^ ". """•"■ 'I- """'rol „f ,,, ,^,, l'e«^ i-t-rcain members of thn r . ^ "^ ^^locese of ■•'choo. District No. 2 i„ ,he ^o™ '^^r. ''""""" '^"-'> -Ming i" -'No. ,„ i„ eh„ Pa,.;,, „, Bath , ,t tt "' "" "^'"^"' '" ^>'«'< Di. ^™.^„i.,h convent™, school' w V i""' fr" '"""■*■ -'"^ P™««*nt parent, .,„g,„„,.„i^;'"' a ""' of having the children of -anUo ,„ch agreement conventuthr™"'""''"'"'"'^ and that p„ ^«. or„neofthe.,„„dme,.., ''.tt"':.°*''"*=" '■" «" - Uthohcohnrch '>™.ght to said district, .. ^.t'"^'""'"" "' """«<'".»« a v.ew to having the c„„,„,„„ schj, „!; ^' "" ""' "^ done with -«ofre,igio,,,teache.of the «,::';;: 'T" '""*- ""•'or th in deahng with the school, i„ t^ , *'"'''•■ ' »^a|l c.,1 the schools in D^sft V^Ta * T'"' '- --ni™cesa.„ "■?* ■" N"' '« .' the Village « „,, .„ U d"!' ■"""■ ^'-'». an'i the w,ll have to refer to „attcrs°„f it;"'' ['" ""' *--"» "> this report otl or school district, in the Pa,.,,, J bI '> '" ™""°""'<'" "i* «»""■« Village are the „„|, two /lil" tthcT' ":"'""' ''°- -" " *" l^"'"!' of Bathnrst in \ lffiMtt»SM&i:s&ii'rk ■ '^■V'mi^'^'^.^,, '^^ ground of ^'«fiop „f tho ' a view to Bathiirsf in Parish of he reliffioiis *>. ditl enter 'tain mein- ^fing mem. ' cluirch to a view to conventual "lernbers of c or more >e of said 'aily that ^veen the *iocese of siding in 'ool Dis- ''eh'ofiou.s and to 'dren of at pur- lid dis- Roman e with er the ■e saife fid the report with 1 and 3t in which it is charged that there was this alleged agreement and understand- ing to establish conventual schools. Before proceeding to refer to tlie evidence oti'ered in support of this ground of complaint and to a right understanding of the(iuestion,it may be well to refer to the state of matters which ha«l existed in Batliurst Town and Village in regard to the schools in those districts from about the year 1873 down to the month of June, 181)0. During all that period, some seventeen years and upwards, the Roman Catholic parents of children in those districts had maintained at their own expense one school in Bathurst Town and one school in Bathurst Village, at which the greater number of the Roman Catholic children of the Town and Village during all those years received their education. These two schools were known as Convent Schools, and the teachers in these schools, down to the year 1890, were sisters of the Congregation of Notre Dame, Montreal. During the same period the schools conducted under the Common Schools Act in the said districts were attended by the Protestant children of the said districts and by some of the older boys of the Roman Catholic faith, tlie Sisters of the Congregation of Notre Dame not teaching boys. The number of Roman Catholic children in attendance upon the Con- vent School in Bathurst Town in 1890, just before such school was brought under the operation of the School Law, would be about a hundred ; and the number of children then enrolled as in attendance upon the common schools in Bathurst Town about one hundred and seventy. The number of T?nnian Catholic children in attendance upon the Con- vent School in Baths T'rt Village in 1890, just before such school was brought . under the operation of the School Law, would be about eighty; and the number of children then enrolled as in attendance upon the common schools in Bathurst Village for the term ending 30th of June, 1890, ninety- two. From 1874 down to 1890, all the sums of money voted for school pur- poses at the annual meetings under the law in the Town and Village were assessed and levied upon all the rjj^epayers resident in, and upon the non- resident owners of real estate liable to be assessed in the districts, and the persons so assessed included both Roman Catholics and Protescants. It will thus be seen that down to the year 1890 the trustees of schools in these two districts had available for the purpose of the schools conducted by them all the rates and taxes assessed upon these districts respectively, as / -l;-"- "...n,, >.„l,„.,„,, „„„„.„„; ■' '""'"'an,,.,, „, , „„,„ "'■"I"""- .ei"". in V!!^;;,™;'77''T•:"" '■*'■'■-''•"-.• «-..Mtr..ai, :;'■"""""' .1 aM„„,„e,.. „, „,„;1, '",";," '"^"■'«» '" Pa.V .1... "'°'"'^' -...f...v ,„.,,, .,,;". "";„•'""-"' «cl.o„l», ,„.,„, 7"""«i-.« tk-i, .,c.|„„,|, .M,...t, ' ; "'"'."'°''"" f- «••• P".p..« ..» ""■ "'l'n.ion„l „,,„„.„„„. ,,,„, , ,, : " " -"-I-- 'h^ ,.mp»iti„„ t„ p„,. a*"iios .^„ ,„« e„ J,,,^^;-'-»V|^ntn„,, eon.,,,,,,, ,,,,,„ „„,,,„„ '^s of ,e„oo,., fa. „.,,„, ,r:;-"^«-n.» w„,.o ,„..,e „, I ,,,„_ '-y wl,ieh .ho, „,.,e,, to take t. C l^ " ™:'°"" "' ''""""■" ^"'*-, a-l certain roon,,, i„ ,„o Oon.on 817,^,'™' .'°°"" '" '^""-' To™ -np,. then, fo,.,ohoo! p„..p„.,o» ."n'r c '"" '''"''""' """»»• «"' ^>»'e« ofCh„ri.t,.,,,„^ lieolj .0 each „ ^°""""" Sehool, Act. Sov„™, ""tore., into i„ .„„,.,Ia„oo wit th o ''' ""'' 'S'-"™^' «ro .!„,,. "»'-» and each .„e|,toacl,o,. Th" ^o"""™ «cl.-l. Act between the "f P"pil.s, an., ,,avo po..,„i,, to l' ^t"* ""t "" '"' <<" the ,.eceptio„ The otfcct of this, a, „i|| TT ,^ ""T'' ">" »■""• "l«.'.^on,„ one .,„„,,,„, ,,.,,,^2 R !: 'p°.r °* °' '*''""■"' Town -*«ls „,«,.,,„,, ,,,;'«;-" C.,.o,e parent,, .„, ,„ ,,^ 1"";"'S who ha,, ,,it,,erto l,ee„ attl Lit , "" "' •*"""" •^''*°'- «» ' have a,,.e„,y .,tate,,, ..uppO.te,, b 1 °"™""'''°''''' """"" «-, »«nan.iBath„r,„vniage;a„,la,aoo„,,e. r \ "* 'i>* '»>• mti-- ''"' lioiiiaii '" tlii-s,. two no; Montreal, "ll'l Villdu,., ^y fiifiii fill piiiposo of 'iitliolitvs of tion to pay 'veral .siiins the Roman I't'tter to Inclined to Teach iof rt'pared to the triis- t Village, rsfc Town, l"ge, and Several I by the ire duly, 'een the )tember, iception tder the ; Town in the atholic I were, ^f the con.se- • liienco the sums to he rai^^^•d by mten and taxes woidd he increased by the ttinoiint that would be necessary to meet this increaseil att.^ndance of child- ren. I will refer to this hereaftt^r, when I come to deal with the (juestion raised as to what is claimed to he tlio excessive (:.)st of ;iww iiinuin^' the schooU in the Town and Vilhiyi.. Havinjr thus shortly stated the condition of school matters in (lie Town and Villaf,'e in the summer of l.SDO, I will now proceed u, deal with the first ;,'round of complaint put forward l.y the Reverend Mr. Th isou : It in effect charj,'es Bishop Roarer- with a desijrn to have the comnwin schools of Rathurst Town an <"l- !■» -b.e,„o„.I, ho „.ro.o to .he™ .„ ^, f "''";" ""'^- ™"M attend, but " wo„ld bo hotter f„, them .„ e„„oI„ F !;■ T "'"^ ""■"^ W'vi.K « be said, it „o„,d 1,0 ,or,. i„o„Z ,i!„f '"'*" ' "'"• ""« '■« ^iO because! ">«' it -UH be „„oh bet er f" til Id" 7 "" """""^ '° '^"''""'. «"' should eo-e to Frederiolon, ' "'"'"""■ '" "" — "^ that thev "'• '»"'' f"'lber adds that he was aeH„„ , e«-se in consenting ,otbei,.boin,e,a,Id:,«r' ""'"'' "' "" "'°'" " «» examination wore held at B^tkZT < ' '" """ '" "'""S'" No examination „■«, held »t B., ^ ^ °"* '" ''" '*"""«' '» "• -either Miss Arsen...i,t ,.„: M.^ ZZT "" '"'■ ''''■ »"^ '"-"- Tbere is „„thi„. ,•„ .,„ „ ^'X-Uenald „a, examined there. Mi« MeDonald .as a^Lt tj :r ".r T "*"" ^'^ •*™-" » "nderKek,„ati„n30f„r.x„mi„J:'' f;*'" "^ class of persons eligible D- ftoh. statement that he, per ;,!:';"■''■ °"^ ">" -•J' -onnt for '" " «-' ~-«ing to tbei,. beinZ xal oTTV?* °' *' "'»" -°- Assuming, however Ib.f ,1, "'"""<"* " B»thurst. Bathurst. then'the oil '::r ^nt^^rT 77 """"' "" -"■"'-«->" «' tbere appear, to he the ver/eonsillo''' '"'''''' »»' ''™« »amined .-orred in sending a special deputv to Bath T" ""' ''°''" "'^ «»- expense, in my opinion, ought not ,„.. . ., ^ """"-e them. This ' to bave examination. If ittV he , 'r / ^t. "' '" ""'"' ™»<«''"^ the evidence leaves i„ doubt, an inL tic ' m. u '" '" '^ e^amiued.which theyh.venot,sof.r.,the;vidergrs m!d!" "" '""' '° ""™^ ^"' of Eduction in regard to the matter To'r", ""' ™"""'""' '" "« Board bronght under the notice of the Board' in anvr " '^'^' ""' " "" "" Mr. Fowler at the argument II?,? "' '"''J«' "^ "omplaint. Class were given to the SisL „p n her ,s ' """"' "'■ *'" ^'""> - ex.i„ . J„ J4 --3«^^^^^^^^^^^^^ a p.„o„ ,,,, a license of the Third Class for ih-. '**'' "'«''«' "»»« «-• cnrreijt term ight reoeive o" eondition that such ->naaMWaUMM he thought d to it. ^ therefore seneaalt or ns eligible iccount for u«l course »ination at examined iave been n. This candidate ed, which em; but e Board 'as ever laint. e Third it such Bljgible receive t such person undergo exaiuinutiou at the time fixed for the same by Regulation 30. I cannot discover from the evi,leiicu very clearly whether the local licenses to the Sisters issued in 1890 were for the cunent term, or, as Mr. Fowler claimed, a year. I should assume, in the absence of evidence to the contrary, that the licenses granted would be in accordance with the rcsgulations ; but, be this as it may, the licenses granted upon tlie examination held before Mr. Phuir were not open to objection, and it is under those licenses that the Sisters are now- teaching. (3) The third ground of complaint is as follows : — That the Roman Catholic priests exercising their religious offices in the said school districts have interfered with the schools of said districts in the following manner : — (a) One of said priests, after the establishment of the said conventual schools as aforesaid, on Sunday, in the Roman Catholic church in Bathurst, gave instructions as to what children should attend the said conventual school and what children should attend the schools taught outside of the said school presided over and taught by the meml)er8 of said religious teaching orders. • (b) That dm ing the school term ending the 30th of December, 1892, another of said priests ordered the mother of one of the pupils attending one of the public schools of one of said districts to takti her daughter, the said pupil, from the said public school which she was then attending, and send her to one of the said conventual schools. (c) That one of the said priests instructed Theodore Langis, one of the teachers in the public schools of said District No. 16, to teach the pupils in the said schools the Roman Catholic catechism, which said teacher did, in pursuance of said instructions, and by the further direction of one of the trustees of the said Scliool District No. 16, so do. (d) That one of the said priests, previous to the establishment of said conventual schools in said District No. 16, wrote a letter to the board of trustees of said district requesting said trustees to rent the Convent build- ings in said district for school purposes in the district aforesaid, and to employ the members of the said religious teaching orders as teachers therein ; and in consequence thereof, the said trustees did so engage and occupy a portion of the said Convent School building for such school purposes, and did employ said members of said religious teaching orders as teachers therein. Dealing, then, with the sub-section (a), the complaint substantially is that «fter the trustees of ^ohools in Baihurgt Town liad entered into an agreement V. il 14 '" fake the school rooms in ♦! 'T''''''''"'"'"''''''^"'^==========-^^ ;;;; '■».;-.. s.,,00. A.;.„; :,::::;■' ;:: ■•' '■■" -'"-" -n.o«. , This chai-frg looked t f "' fro™ t,™e to .,„; „.,,, f„;°™ ;*';•;"■-'";-"» ^-r „„„„„„„„„„., to sive to a verv f..;,. "iisjudore the motives of tJ,^ i e)y tail- announcement tn a„ *u . "® speaker, anrl construction. ' ^" ^''>' ^^^ ieast of it a mn.t . ' " "^ost unj^eneiotiH ««"gemo„.s I,.,, b,,„ ^ « ";'« '« come „„,,„ the School Ac. „„,, »'"« Common S„l,„„, .„,,'," ''»™'' »" "mW the pr„vi8i„„, 77' t-n^ln,, „„,„ th ;:: „7 "» •» «'- «» 'o the .t.e„d.„!e 7 ^ "- "™.ee» and no. of the p,ie,t. ' " *" *' '"'M™ i" «>» .e. of L« ns on .Ms p„i„j •I«».e«,.ecti„n,„hieht,,evmi' :;;*"" "'^"''■-■B-^- He.,,,: ''1= people gene^llvrtM";/ "'■'■»»'•'■■■« the •-»'Mceme„"r *'";* "' ?" '««* that the schoo sue , r" ' '"" P^^««« «^ *'- Tt^ J^J^a occasion, privfttfl ,v. ^ ""'^ supported nn tn tu "'*"^'^- -f mentioned the ■ to BO .„ the 7, '"' "" '"> %»-il 'o™d t "" *'"'°' ""'i Com. ■p»»»iW.,,„,-„,°*°^''"-o»t School,, ..„d .h„ i °r '","■«'■ to send " "'" '^'irnmn- Schools.' ""- '"'t'" ''<>y' "oulj if '^33j»aEEr;-j'.— ■ "»~- 1.) >1 P'lrposes iiiKlci- ' wiU, certiiiii of ' Nciiools of N<.w J^'itlinVst Town, ftf-r the nriaij«e- HtitliiirHt under 'J tile scIhm.I in ' ^l"tt cliiJdre,, mnoiincemctits 'f'liiot I think 3 speaker, aiul Ht unoreueroiiH Jics of Bath- »ool Act, and natural tlian ion that tlie le provisions Jance at the an Catholic I tte act of He says : ight proper; ^Is as well ' was that .y knew it t occasion, tioned the >f our own to be con- 'llect well 'n ad van - nd Coni- fot them • to send «ould if In respect to this lumouncemeut Father Uarr.v was asked : 'In per- ' foiuiin^' that duty you were simply acting in the capacity of a pastor, and 'not using any unnecessary nieaus at all to have your advice followed ?'— 'Answer: 'Certainly; in fact I think I was requested l.y the trustees to ' make the announcement— to announce the opening of the sthools.' He adds that he thinkh trustee O'Brien asked him to make the announcement ; hut Avh.it he stated was not followed out, because Kome objected that as the schools were now under the law they were free to send any children they liked to it; and that, of course, that was the case, and then all boys went to it— big and little. With this testimony I should say tiiut the charge, that Father Barry in the exercise of his religious office in making the announcement he did was interlering in a religious point of view with the schools of the district, is entirely disju-oved. In regard to sub- section (b), charging that during the school term ending 30th of Deceml:er, 1892, another priest, Father Varrily. ordered the mother of one of the pupils attending one of the public schools of one cf said districts to take her daughter, the said p:ipil, from the public school which she was then attending, and send her to one of the said conventual schools, the facts as disclosed by the evidence were that a young girl attending the common school in ttie Convent building in the Village was observed to be somewhat too familiar with some boatmen or fishermen at the public wharf— ill fact, was guilty of levity with them— and being remonstrated with by a Sister of Charity, who was not one of the licensed teaching Sisters, became indignant andleffthe school held in the Convent building, and sought for and obtained a permit to enter the High School building, and did enter it. It was a question whether her name was registered as a pupil. It seems to me from the evidence that, although there was some informality, she was su))- stantially I'egistered by the principal as a pupil. Father Varrily believed he had a right as parish p.iest to talk to the girl and to her mother as to her alleged indiscretion, with the result that the girl returned to the common school in the Convent building. It seems to me that the School Law never contemplated that the parent should not have control over his child in such a matter as that, or that the clergyman should not have the right to look after the morals of the members of his flock. In the present instance what Father Varrily did was what any minister of Hny denomination would have done in respect to what he considered was I -'.e';c;r,;'r:r-:::rr"- '° "'-----. ""end the N„™»| g,-!.,., wi f "*;"""»"''" "" »™l" e-.l.l« l.or ,„ «'on,mo„ School. Ac, „,d i,',,.. hor ,eZl Z 77'"? '"'■"" """"^ "'« to Whntallthishaslodowieh 11... „,■ .1 (c) Thai one „f 1,,^ j i„,i te-ber, in .he p„n,.„ .^^^^^^ . _ ^,;'"'™ «'' ■"-dor. L.nji,, „„e „f «, "Chooli the Koman Catholic c»le,.hi,m ?' "'"°'' "" ''"P"" '" ™"1 «»id Village .chool, ,„ do ' '"""""" "' "»» °f "'« 'm^tee, of the Father Varrily did ask the teacher Tl, j , » school honra teach the Bo„,„ cl„ '' '""'''"■'' ^"'*"'' i' '" "°"''I «fte. .«»*.« the .hooi. in t,:viii!f:::r'7''° '■"'"'° °""' ■""•"» -nted.odo.o,„„ddid.each.he«echr:'„:::d,'r'- "" ""'"'• """• in the .fter.oo„. "°°"' '"'' """^ 'I'" "Pining of .he ,cho„l Father Varrity and the teacher TI,.„J , . the scheol wa, diamia.ed a. noon I' .7 "'"' •""" ""'"S" """ ""er not teaching the catechi : V^n th'T f" ""'"''™ """■■« *" -- «- tion of the School Regnlatior "' """ "" "»' '-"ntraven- w,e o- fori'irzr;:;:::; r ™^ "- -^ "» --*'«^ inatrnction after the dis,„i.,ai e" .h Z, t "' "" "" '"'■°« "' ''"s'""- 'he af.eroo.n aeaaio,. ,,.. heen p t,Vd ! ""7 """ '*'» "" "*-'"« ^f wen .» in some of the other acho iTin , 1' " '"" "''"''«•' ^*°»'^ «» urst. °'"'°'' '" """^ ■»'»'"■»«. in the Pariah of Bath- The wording „f u,^ ^^ ^^,. «es«on has no. .aried very „„ch from ,1 , " "' ''"' ""'"^ «'">»! Revelation, do™ to the preZ ttae '" °' ""= "~ '" »' ««"ool .a foll!::^^"'""™' "' """"^' ■■" *e SCool «.„„,, of .h, ,,„,. ,3,,^ ,^ R<^gnlation 19, sub- i sub-seotion 6 — /, ^"fftf> »/ Daily Ses. HID '« •■ 'TJje hours of 17 llJS niiiiisteiial Snpecior School Ifl enable her to "••lier under the 'Onveiit building immon Hchools, is, one of the I>upi]s in said i" purananceof •iistees of the le «on](] after of the pupils teacher, cou- ecess ; that "is >f the school ^'ht that after he recess was in contra ven- J considered of religious ' opening of B schools as li of Bath- •aily school of School ^'- 1887, is e hours of ' teaching shall not exceed six each day, exclusive of ot least one hour allowed ' at noon for reereatian. The Board of Trustees, however, may, if it desires ' restrict the number of iiours to live, and for the voun^er children to four I A short recess shall be allowed about the middle of the morning sitting, and ' the same in the afternoon session if deemed necessary. In the youngest 'primary departments or classes, special care shotild bo exercised that 'the pupils are not confined too closol/ or too long in the school room.' Regulation 20, sub-section 0, of the School Manual published in 1892, is identical word for word with sub-section ", of Regulation 19 in the School Manual of 1887, just quoted. Mr. Skinner and Mr. Fowler, on behalf of the complainants, contended that school hours comprised all the hours from the opening hour of the school until the end of the closing hour of the school. The contention of Mr. Lawlor, who was counsel for the trustees, was that the hour allowed at noon for recreation was noipart of the teaching day ; that daring that hour teacher and pupils alike could employ it in any way they pleased, nnd were not amenable to the school authorities for the manner in which they spent that hour. He said it was not contrary to law or the regu- lations for the teacher, after he had dismissed the scholars at the noon hcur, during the hour thereafter allowed for recreation, to give, to such of the pupill as their parents desired should receive it, instruction in the catechism or any religious subject. In support of this argument, sub-section 2 of Regulation 22, (School Manual, 1887.) and sub-section 2 of Regulation 23, (School Manual 1892,) were referred to under the head "Duties of Teachers" sub-section 2, 'While 'employed in the discharge of school duties, not to make us. of any religious ' catechism, nor to interfere or permit interference on the part of others with ' the religious tenets of any pupil.' The prohibition in this sub-section he contended only applied to the teacher while he was employed in the discharge of school duties, and that during the hour allowed for recreation he was not under the Inw employed in the dis- charge of school duties, and, therefore, in teaching the catechism or giving religious instruction during that hour he was not violating the provicions of the School Act or any of the regulations of the Board of Education. There would at first sight appear to be a good deal of force in this argu- ment of Mr. Lawlor, and one is not at all surprised to find that teachers so 3 IH \ construec the resnlMtions „s to iH-liev. ,hat .Innn. .Iw .ecroation I.onr .hey wore at l.bert.y to tntcl. tlu- catodnsn. an,l ,ivo mli.ions instr.u.Mon. Then a,,ai„, «,„„.or a..«,u..ent arisin, out this sub-seotion -2 was this that ,t nnplu-dly a.lnntt.d the ri^ht of the .,eacher to n.ake ns. of the cateeh .«m at an, ti,ne n-lnir Ur ,n. „., nnrl.,.I h, ,h. ,Usrlu.r,. nf srl,nol ,l„ti.. an.l that during the recreation hour I,o was lu.t, so emphned The Hrst set of re,nUations under the ConmH.n Schools Act n>ade by the Board ofLducafon, under date the 15th of Xoye.her, 1871. pnUished in 1872, Regulat.0. lU, contains substantial!, the same words in regard to the hours of teadnng as does Regulation 10 i„ the Manual of 1H87, and Kegnla- tion 20 in the Manual of 1892. The intention of the regulation is that there shall be what is called the daily school session -its length shall not exceed seven hours, of which the traZ t H "' t" "f ""^' ^"' ^"'^ ""•^- '^ ^^-^^-^^^^ '>>■ t'- board of r teste hve T ere shall;, an hour allowed at noon for recreation, and a shor recess shall be allowed about the nuddle of the morning sitting and aUo another short recess about the middle of the afternoon sitting^ Then. wl,en we look at the regulation which giyes to the teacher the privilege opening and closing the dail, exercises of the school b, reading a portion of Scripture, and by offering the Lord's Pra.yer or such othef prayer a lour fixed for the opening of the school each day to the hour fixed for the t:2 T '^ "^V^"^:"' ''''' '-'' ''''-' ---'^' -' ^^-^ tb^ *-4 ^f he catechism or t egn-ing of religious instruction inti.e .ckool Umin^ w th- of the School Act and to the regulations in that respect. There is. howeyer no evidence to show that there has been any complaint to the Board ol Education that this practice had been followed in the Town and Village -cbools. or in any of the other schools in Gloucester in respect to which the r r It /"'; ''"'" ^'""""^' '"'• "'^'-^ ^^^ ^^^-^ ^^ f^^^"-tion. as appeared by the evidence, asked to inquire into such practice I can only repeat here what I have stated above.- that a teacher mi^ht hones ly believe the regulations to mean that the hour allowed at noon for recreation was not an hour in which he was employed in the discharge of any school duties, and therefore, the pupils and their parents consenting, that h i might w.thin that hour law-f«,ly give such pupils instruction in the Lechism. ^ (d) That one of the said priests previous to the establishment of said 10 (ii-ention liour ihey uil.lnig for school purposes in i\xv district aforesaid, un.l to employ the members of the said ivligions tea..hin^^ orders as teachers therein : and in consequence thereof the sMid trustees did so engage and oicupy a portion of said Convent building for such school purposes, and did ..n.ploy said members ot said religious teaching orders as teachers therein. The priest referred to is Father Varriiy. and it appeared by the 'evidence that he made application by letter dated the 31st of July, \HW), to the board of school trustees of the Village, on beiialf of three of the Sisters of Charity, who ull held First Class licenses under the Public School Law of Nova Scotia, and temporary licenses of the Third Class in this province, ofturing their services as teachers at a salary of .|ill().0() each for the school year; and he also ottered the trustees the use of throe class rooms (or more if needed) in the Convent for class purposes, together with all the school apparatus hitherto in use, such as desks, chairs, stoves, etc., for an annual rental ..f tWrty dollars or ten dollars for each class room. Fatiier Varrily also stated in the letter that If the board of trustees engaged these Sisters as teachers they would be ready to commence teaching on the first of September, and undertake to teach u. conformity with the law and regulatious governing public schools in this I'l-ovince. It was established in evidence that Father Varrilv had such con- trol over the Convent building as would empower him to rent it to the trustees. The board of trustees did rent the school rooms referred to and also hired the Sisters as teachers. The board of school trustees is a creation of the Act, and they have powers and rights which so long as they act within the law must be respected, and cannot arbitrarily be inteifered with. I am at a loss t<. see what infringement of the School Act or of the regu- lations there was in what was done by Father Varrily or by the board of school trustees, as they were at perfect liberty to accept or reject the application of Father Varrily, and were not bound to rent the Convent school rooms or to engage the Sisters as timchers. rt does appear to me that this charge might well have been omitted from the Complaint, unless, indeed, it, be that it was thought because Father Varrily was a priest he therefore ceased to have the common right which any ratepayer or resident of the district possessed of otTering to rent to the trustees for school purpose school ror over which he hp^ control, and of making a A request on belmlf of a teiiclinv »« n T ~^'^''======= i»««™ir;:.:o «:;:::rjii::rr''; '""' •■'■ -■' "^ -«-" -' •>.« "»"y. -.. n/.™,.. :,:';"'' ^ "'° '*°°' ■.-^- ".. »p».i- •".tool .oo.^. ,„ H«,,l,„,,. row,, ,,:v,'ll !','""."'■ ™''""'""'"'" ^'>"™°' »""'" - '« «.. .T...,, h. eir^f ':; ,;:"7'»-- ' --'"aw ■■' «.ei, „„t „.,o„Ji„„ »„,,„, "'■""■° ; "7.- <-'»"'"'"^ I'....ila ...v «.,„., llic mfaD,iig of i|,e jtli ml-KMM^ '.i».i„01. „,■ „e„,,„„,j. „,i,|,j^ »end the,,, to school „„ „„,, „,h^. j, ..f , -^^ ""'' "'">■ •." "ot obligod to where tl,e Ro,„a„ Catholic, a,-o „1' ""*' ''"''"''• "'■• ■'" '"»'™t' <-'-.t ,vith,perha,M,„t:hre: :;";,rt;:' "•?™'"" '° "- wuld have been the ca,e in «„,„ districts ' ""'°"™ **'"«'' -.":e;or:htri:;i~^^^^^^ -- - . ^: ".ink was, not in accordance with 1,1 T ■""" ""' '"'™ '''»■ «"1 ' .ffordg,oundforchargi„"; * ;;?"'" '°"' ^" ">'' "-" "ot in any of the school, in" th^ T ™ „ l""''""''™ "'* "-ing ,«„et,o„ed 21 Pio>nient of such h' reason of tho •■"**.,„, h„. „„t W,.„ lai,l „ot„,« the Hoard of Lilucation. The facts in reference to thi.«, us detailed by Inspector Mer.soreau in h.s evidence, were that shortly after u con. niittee of the Board of Ead,c.,- pkc.,1 i„ „,,a,.Lf tl,' c! "' ' "i"' ''-"•■l to tl,. i.».i net.,, .,t ip 1 L , rr 1 "'"""" ' '"" "'""" '" ''^-'-'" "1..-. M, „„ L „ m' F„.| ? "•"'"•*'' "^ """" "' «■'« part- is a, follow 1 ^l, '" r "T "" "'^' "'""""""' '" "Sa.! to this ;^.in.a«ai„,t tho Boa,,, of E.locti:„ , l^, '" ,:;" """-. "' ™"- O'Brien a»a,am,„„. School tcchc- "•'""-'I'" appomtment of oth..r b™„ch of complaint. '"^ """" ""' '"»'"'»'»" ""■ .» to^hTtif ::r:';:::::!:'; '^' '"- ""'■" "^"" '■>■ "■^' «»'i'^-- «-«,., -bjeetof thoi , ;c i,n;:r " -■»- -i*^- "■'■ ".oco„c,u,,ionthtiH, ;,;;;, ""r''?"- """ • •""• ""v-l at .;in,,ui..c i„. or ,.opo,.t >„;„'::•::';;,':;;,• ;:;;; 7,7 r°''"' whether the, have or ha „. ,,,„„„, „ ,„,„ , \,'' "'^ '7.;' T con,m,m,catio„, .,,,1 complaint, a,l,lre.,e.l ,„ i ,, , T "'""'■''»■ Bath„r,t .school «c„ltie„. Hi, eontenti: a, I at he'; ZT' '" "'"'" "; " "">"• »-' -«0". It wool.1 seen, to ,„o. ho '1 Li T" sl'owof that thi" icppin^ ,.f . . """•'^CT, that the eviclfnce tu b» '*ken imon nnU ..r.,.. • . ^'luuu mt that the action \ S«««(«l»H««.f tateiiK'iit of coiii- it latojxiyois Hml in tht! month of '•IiodIs as piil.lic ami (iIm( a com- II' nai.l lloai'il „f il to til., toacli-i lit' l»ei,'inniiij^ of Hour. I of KcJiic'i- allinvofl (u ^et vrti of Kdiiwitiuii Ji.'iu liy protus- l> rc.;,'ni(| to tlio nr.st Town, tlic i',.,,n,lthne,.noni,ln,n to csMUi,!, ,},„!, and t is not hecause Hvory cmu.unication to tl,e lioard is not acted upon in tin- way or at the time that the parties think it should he acte.l ..pon that that vvould ..stah- lish that the Hoar.l of Kdueati.m had heen derelic. in the .lischargo of their .luties. For any short eondngs l.y the Hoard of HMueation, they are f apprehen.l, responsible to the Legislature, an.l to the Legislature alone. (7) The seventh ground of .omplaint is: That the grading of the schools in the said school districts has not heen con.luci. 1 according to law ; that th.. trustees of said scho<.l .listricts, ai.led and inHu. need l.y the clergy of the Ron.an Catholic church in said districts, have n.a.i, an elibrt to com- pel Protestants in said school districts to send their ch, Iren to the said Conventual schools, an.l that the religious teachers of the Kon.an Catholic church in sai.l school .listricts were l.y the said trustees piace.l in actual charge of certain departments of the public common school- in sai.l school districts in the year 1801. all of which was brought about in consequence of the employn.ent of the members of the said religious teaching or.lers of the Roman Catholic church by the trustees aforesaid as hereinbelore set forth. There can be no question whatever that when the trusteee of schools in Bathurst Town and Bathurst Village in 18f)0 made the arningem tits they did to take and occupy the school rooms of the Convent building in B,. h.nst Town and three of the school rooms in the Convent building in Bathurst Village for school parposes under the (Jommon Schools Act, and to engage Sisters of Charity as teachers, that the increase of the pupils in Bathurst T, vn and in Bathurst Village, with the fact that the Convent school rooms wer :. used in addition to the public school buildings, rendered the grading of the schools in both Town and Village somewhat difficult. There was no evidence what- ever to warrar.t the statement that the clergy of the Roman Cathoh' church in these two districts had made any effort to compel Protestant: in the districts to send their children to the school rooms in the Convent b. ildings. It IS true that in Bathurst Village two of the Sisters of Charity, licensed teach- ers, were placed as teachers in the public school building, but this was done at the instance ot the Protestant trustee of the board of trustees. They remained but a short time, however, owing to the opposition of the parents of ^i i^y.. — _ 24 "■^oo. bunding to a, ,,„,f„ ' r:^^ °°-"">-^ -'»in roo™ ,■„ „„ J™' 't' Village „ig|„ „„, ., „;«,,' ''''°"«'' "'^ P"!'"" "chool Um., i„ »0"Mg,ve,„,,e am„le acc„„„,„d.,.„„ *"" ' V""'"""'™'^' "Mi"." cos. P«t,„ effect of.-.,o„i„gt„L; 1 '„?::?"': """" "- '«- « .„e r:""*™ '» "- school ™ J: : ,^ ,^;™'; Ca*o„„ p„e„t. to ae„d Cbamj, taoglt „■„, ei„-M™ of the R„ "" '" '"*'' «'» Si,ter» of »«.ple.e separation hot..ce„ p'o,^^ L,^"™"' ^""°"" f"'".. '■»* lo o,u.e . P-«ly the effect of ^Ir^^in^^^CuT ^'"""^'^^^^'^ *'■"-. «« Convent achool ™„,, .t„, ,eJen ig 'e" tt^T"" '""'°"= """*» '» «>« b publ.0 eehool ,,„,Mi„g, i„ .,, xl,"':; ';"""- '" «- «cl,ooI roon. i„ ^"^-W^ewaagiven^J, "'''^"""'•°'■ bat h„ b„.lding could, in its then co da 1 r^'' """ " ™-"" «'™='> "> »«k. an addition to the bnildin. .' 1, . ''°,"" " "™M be nece.,arv ■■■-'«... ...,..„r::ir:r;tL-.:r; 25 ' depftrtment in the e schools in both id the regulations "gaged for school 1 of the Convent ras in the public *e public school omaiodate all the iliool building in '■ a" the school ■elj' trifling cost »g the Convent but detrimental lie law; as the oth Town and larents to send ity were teach- tlie Sisters of 'It to cause a cbi.'dren, with iliildren to the hool rooms in lus weakening offhe public i other data (^liildren of ' the public not claimed ommodation e necessarj' I it. rown there ■*^ a larger ool rooms I of the building, but such evidence did not satisfy me that the public school building in the Town had, as was claimed, accommodation for all the school children of the district. It had not, in fact.in my opinion,8uch accommodation. It was urged that the cubic contents of the rooms under the regulations were sufficient to allow space for so many pupils, but the cubic contents of the rooms, while, no doubt, one, is not the only criterion in determining how many children can be accomodated in the different rooms— that must depend upon a variety of circumstances, keeping in view proper grading, the number of departments, the numberof school children in each grade, and other factors -the idea now being not to see how many children can be crowded into a school room, but how the comfort, convenience and health of both children and teacher can best be provided for. In this view, the public school building in the Town, the evidence shows, did not in my opinion contain all the accommodation required for the school children of the Town. It was further urged that one, at all events of the school rooms in the Convent school building in the Town did not meet the requirements of the School Act and regulations as to height of ceiling and in some other respects, hut as this seventh ground of complaint is that the grading of the schools baa not been conducted according to law, it may be sufficient simply to notice the objection to this school room, and to say that it was only a very few weeks before the complaint was filed with me that the attention of the -trustees was called to the fact that this room in the Convent building did not meet the requirements of the Regulations, and proceed to consider the principal ground of this complaint. It was made apparent by the evidence that the large number of the Roman Catholic children in attendance at the Convent school rooms both in Bathurst Town and Village rendered it difficult to have a proper and efficient grading of the schools both in the Town and Village. This was brought to the notice of Chief Superintendent Crocket, and after Dr. Inch became Chief Superintendent, under his notice. The Inspector also gave his attention to this subject of grading, and, as I have already stated, at the request of the Attorney General, in 1892, (as Mr. Mersereau. the Inspector, thinks,) prepared a paper giving his ideas for the information of the Attorney General as to what he thought would be a feasible scheme for the grading of the Village schools— he could not say whether the paper he so prepared had a reference to the Town schools or not. It appeared that the grading of the schoolB in the ■"■'-".o.„e„p,„,,„, ,„,„„, '*-.«"-/ .h» Chief 8„„e„..„„„„„ «»«««.«« T,„v„ „„„ „,..„„„, ;„^ ':;""' '■-^"■«'" «"*c™.„™„|«,.., olt'cccv of ,1,0 «l,„ol,. tt ,ec.„„ ,^ T ""'""■ "" ° '•«""'" ""'e"' »'- '»'».» ..H.uo.„.,,„., a„;. ::;;,'''•' ''■» '■■"»'- - .„„„,,„ „„,. ™* "f "..- ,.a,o„.., „f .,„ ,,,,;: .',™"" ''""";"« cl'iWe,,, ,«„„„,„ , , .„^ '"•■M ". l,i» „pi„i„„ ,,„,,,„„* <'-' S"l»n„.o„<,e„,, if f„„„,„,, J »ta..ee, I. „,,,k.,.,,, „„,, *' "' P-L-S .l,». „„„,„ „„„„ ,„„ „,.„„„,. "™''- • ''° """""'""'•'i'' of ll,e l,„v „,„, ,„„„,„. Ti» rt"^'** xr tl)e trustees of botJi f »,„ ^r «"i-."t.i.u„i, ,„„..;: „,„^" ""■' vi".«o Di,«e., f., .„ „,„.,.„„ v« ...-.„d co«i„„, .,„,■„; ;:;:;-» •;««"- tow,, .„., ,«„„„ "» donbl, provide „ re„eH P™'e«t.„„ "' "••' from the begi„„i„„ of ,! " 1 °''-' '"'>"''' «»V once f„ nothiBRto j„„if,,.,„ " "'" "'•'"M to ll,e clo,e „f :, ,, J »'.f} nav one e,e„ .hi„ki„, „,„ .,„ ""f -'. .here „,, "■' "' "le Roman Cnlh. vV'i^^fe^siip^Pftilj^, tliink it may almost ' almost if not quite 1 or ViJloge schools, 'I Frencii popnlutioii '■« to i,e taken into l"»s in iei'ei-en(!o to to the trustees as to the Convent suJioo] the Chief Superin- »n(l promises h,iv<' ief SupciMtendeiit ti such conmmnitioH f'ortain extent the '"•e allowinnf niat- vmt school rooms ii because it is the he schools taught efl, as it has not 'i„ded „.n .o d 2;":'' ""'" "' '""'»• ' "« it that .n, Cathoiic. of B..h„.t -ro„„ JZZ Zr^:""' '""' ""°" '"" «"-' "" "™« ''« «««ed school rate, for Z """' ""' ""J'"*" duriu,. trie*, fron, wbiolUion,an c.,h A child T" °'' '''"*°»'' '" "-o di.' '^ in a™n,o.e„., h, „hich t,. ^ ::,: C:," ^"' """> "«-«'. »-«■ "■".v might at least ho credited ,vilh .„! """"•■ "'"''" "'» '", Ihal ;; ^i..« charged with a de,ir t .c ""^e T^ '" '"" "»"-• '"^ '»»« Ifcman Catholic elerg,, ho heliovo \ ^ -^'^ "f' 'L" control of .he «tnc»se,<.tated.heydid,-pcrh.„, !,. ,"'"°'""' "'" **«'">°' !■«»,., the «- and i„to„tio„ .ha. i..^: 1 1 ' ,: ^ 7" '"' "°™*'™" """ *^ ,"'""'!."' *« -''«»' ™o„,. which .he tra.. :L : T™"'' ""' ''"""« ««'-' two d,8trict». '"■''«" ''«J l»kcn Ibr the p„rp„„, „f ^^ Dealing, then, with the ground, „t ,. ■ ■ •bowed that . ...te „, feeling lad Ji ^ '',"' """"" ""» '«'^ '^c evidence *ch resulted, a. , think, in't "»:; je".:" T"" "" ""'•' ""««^^ •chool boilding in ,he Village of „„ , ? •'' ""' """o"" « the puhli,, O- employed prior to ,89,' IW i"; "^"°"*o'o"' ".an those wl'ta^ «.c Superior School i„ the Villa ir;™:' T '" '"'"'"-P"-* Sekool ,n the Town. The actio,! which loo ,:""" '° *"' "■" ""-»".■ School in .he VilLge was due .„ at i "„ °. "'"""^ "' "'° '^"P"'- 'to effects of whi„h were brought to hea ure^ "'" ''"""'' '"''^'"•'. -tool .neeting in ,892, and which inlceTl "''"'"' " "« "»«» "'o«e,top.,ateacherof a Superior Sell «" '° ™"' ""> »««--J ■oiool meeting oni, caused a temp r. ™™-' ""' '*- of the ^ool. A lad, teacher was e^ 'ardTh":'™"?^ '"'°°' »"«""-' " "''™«°° ««"■. ». a Superior Schl, "''°°' '"" """o Ma, was --t-rlrari;^^^^^^^^ « ^" '-.consider. "■; Or.n>m.r School in the Tot Id 17 r" •" "'^'' '» "-P "P 20 sl^ed in thoir interest, tlie part of the Roman to so work the schools rents shduld be com- Convent buildings. «• I take it that any tlial when the Koman upporting by volun- * a"tl paying during 'Chools in these dis- ittlo benefit, concur- under the Jaw, that matter, and instead tlie control of the School Law, as the ^'vertheless with the «ut during school tlj« purposes of the ' IieaiJ, the evidence id Town Districts ees in the publie » those who had 'n attempt to dose o«e the Grammar : of the Superior wnal altercation, s at the annual e the necessary 8 action of the >ol as a Superior ome delay was 1892, consider- ed to keep up Qo money was place when it was felt that a mistake had been made, and two meetings of the ratepayers were held to reconsider the matter, one on the 28th of December, 1892, and the other on the 4th of January, 1893 ; at tlie last of which meetings the rate- payers passed a resolution, the eHect of which was that the (Jrammar School in the Town siiould la; contiiinod, and that, the trustees be requested to pro- vide a teacher for it witli as little iUAny as possible. This explains in a f(!W wonls the action taken in both districts in respect to the (iramuiar School in the Town and the Superior School in the Village, and I should think without any argument would dispose of the ground of complaint (c), that such closijig of the Grammar and Superior Schools was done in order to make it necessary as far as possible that the children of Pro- testants should be compelled to attend the said Conventual schools of the Koman Catholic church, and, if possible, hrmly establish the hitter schools i-i said School Districts No. 20 rTown) and No. 10 (Village). (d) The evidence shows tliat the trustees did place a French female teacher, a Miss Landry, who held only a license of the Third Class, a license obtained by Acadian candidates after four-and-a-half or live months training and under which they are supposed to teach in Acadian districts, in charge of the prim- ary department of the public school in the Village; and the Protestant children iu consequence did not attend the schooK The objection to Miss Landry as a teacher was not because she was Frencli, but simply as alleged that while competent to teach according to her class of license she was not such a teacher as should have been placed in charge of the department she was placed H). This was certainly objectionable on the part of the trustees, and ought not in school interests to have been done. It was claimed to be done on the score of economy, as they wanted a teacher at a small salary ; but such cheese paring was nevertheless a serious wrong to the school children of the district. But I cannot see how it could be said to be done to compel the children of Protestants to attend the schools in the Convent school building ; for if the feeling existed, as it appears it did exist among the Protestant parents, not to send their children to the rooms in the public school building in which two of the Sisters had been placed as teachers, n^ucli less would they be inclined to send their children to the school rooms in the Convent building taught by Sisters, simply because a teacher liad been engaged in the public school build- ing who held a class ot license which Protestant parents thought did not qualify her to teach their children. It seems fair to say that the trustees, after they saw the engagement of Miss Landry was so highly detrimental to the school, no «ool .n the hereinbefore l.,t „„„ ; " "'""■ '» *"«" "f 'he Or.„,„° ':/™"'*»''«™;»«ehj::::°°, '•'»'■■■■«' «> ".o be«i„„i„; ■^ "«"'">"% teendi.mi.eed bv .be IH « " ""'"'" ""''»'" '"""'.er and «.«' «; t:::';,'"?'"'"' ■''"• "■ " "■»' '< o„e„ „,., , i30«i,u.|ji,luTOtiuiih,„i,ic„ii„ , , ,, "" ™' " iw» dmmci '"'»' ™t % l'ro.„,la„, p„e„.. „, " '" '"'^ ■"■«■>" i" .x.,o,,„.e ,„ „ „„, ' '"« I-".-..", or the .ea/lSDS wi ,: 7;'" !" '"« «»»"' "'' KJ„e,.«o "ho.e,l.b„ul,oBou„l„f J,J„J. '"'"^ ami c„„ec.lc.I ,h,.. the evi,le„ee ;™™„c.o, 'tbi„ki.„„.„,„,„™^ '«'■■"»'«.■» -™. „.t ,.„w,„„..„ poi.,... "'-'»- - .....«ab,e „„. :,;:;: ;z:z :: ^Viien it was resolved -it th ■ •'«»"a.T, 1898.tbat.,.e a™I^ I r "?' :'' ■■"=""^- ™ 'I- Uh .,,, „, *-«., .be «e„e«, ^cen.,,: 1"! *;: ' '" «"""-^' '"" "i ll t"-«"in,.,- Scboo) leacbcr to U . "" '"W"™ to bo tb-„ "'■'.■ tt«' .his ^bouidb: 1"""°'°'°" '•■'■"■" ""«'oo«.boe,,, beal ot " ■■*;". "- dii ::; ir :'^ — « K„„a., '0.;:,,: ^xt '• 1-0 the «„.t .„p.,o a,„, at! :::::rr" ""*» •' "- -*r • '^'""''; , """"'"'""-^-ofaoGramJ •l^ir. -Kdvvarcl L O'R ■ '"l-ooiB i„ oj„„ee„oi. Cor,' Z \l,°" '""""'" '"' "">""'''. '"eludi™ ,b. and neglect were well i^rm induced l,er to I •'itepaj-crs i,, ScliooJ 'Se of the Grammar «t the becrjnning ^^ School teacher, and tJo" from the posi- ^'«t it UHs cliar-cd '•'-"'ureiico to a coni- '•' »t' Education at ' ( *• ''•, tlio teacher •1 Bathurst at tlie ' h(i noted in my o" behalf of the 'liiit the evidence Kitod as pron)ptl.v most unfortunate 10 evidence tliat town would not followed thia a].. tbe Itli day of !<1. the evidence to be that any J^l be a Protcs. h'- Kennedy F. 'Jic latepayers ; he meeting. the board of ^ the Grammar including the ^y the Board )f his office as 3ct were well 31 known in Bathiirst, and were liis habit of life. It is true, the complainant, the Reverend Mr. Tliomson, witlidiew from his memorial the words whicli implied a charge of tliis nutiirc ; but from the evidence adduced there could not be a question but that i\Ir. P^dward L. O'Brien's habits were as well known to the trustees as to the ratepayers, and were such as ought to have induced them to say that they could not for a moment listen to any application looking to his appointment. But IMr. .lolin E. O'Brien, one of the trustees and the secretary of the board, was the father of Mr. Edward L. O'Brien ; and he supported tiie application of his son, and through his iniluence induced Mr. Michael Powcr,^ another of the trustees, to join him in making the appoint- ment, the other trustee, Mr. Alexander Doucett, not concurring. Mr. John E. O'Brien is a Protestant, and his son, Mr. Edward L. O'Brien, the young man appointed as teacher, is a Roman Catholic. So soon as the appointment by the trustees of I\Ir. O'Brien as Grammar School teacher was made public, it created intense excitement in Bathurst, particularly among the Protestant ratepayers, and was looked upon with much disfavor l)y numbers of the Roman Catholics who thought the wishes of the public meeting of ratepayers should have been respected by the board of trustees, and a Protestant teacher for the Grammar School liave been engaged. Telegrams were at once sent to the Chief Superintendent of Education complaining of the appointment of Mr. O'Brien, and although it has been admitted that the Board of Education acted as promptly in the matter as could have been expected, and refused to grant Mr. O'Brien a Grammar School license, yet before this could be accomplished the Protestant ratepayers had become greatly exasperated at the conduct of Trustee O'Brien, and at what they then believed it might result in ; namely, the foisting upon the district of Mr. O'Brien's son as Grammar School teacher ; and they, there- fore, took steps toward the establishment of a private school. This action is to be deplored, and to one outside looks to have been a somewhat hasty one ; but it may be, and, no doubt, is very difficult to determine by after results whether what peoiilc have done was or was not at the time it was done, perhaps, the very thing that the person passing judgment upon it would himself have done under the circumstances. In considering this action of the Protestant ratepayers who took part in establishing this private school, it is significant that, although there had been some dissatisfaction as to the working of the schools in the town, the Reverend Mr. Seller, the Methodist minister stationed at and in charge of the Methodist church and congregation 32 'II Batlnirst Town )in,l «^» . ---====^==^-_r=:r:^=:,-_____ '-" "™ - " " Z z :::;::: "\:;- "■""-" -.?;;;:;:::; P-W, l.e, Mr. Seller , ».„,, „; '■'. ^'-'•^- «■«.■-, .,.., .„. ■•«.»l.nR „l,„i |,e t,,„ ,„ ,„ ' "» f ""t. «n.l be«mo ,„»„ active i„ ^ ™-i..e,.e„ „e„ .,.„,, ..,„ „,ee ^1 1 7;: *°'"'"'"'' " """ - "f «'!i-Mo„. „„ .„„ o„„.r„,;:,' "■"'''••;»' "'■»'«■■" a..V »,.e„ „ro„,„, P..vcr- ,v,„„a ,,av„ ,.ref,.„o,, .,,.. „ P , , ;;"'"" '""' "'' P""-'-. ,■„.»- .«vo been e„g„„e„, „, „„, " »' '■'■■""".",• Sel,„„, .„„„,,„,. .„„„,,, "™ugl,t ™„eh trouH. i„,„ i, ,„":;^,; '•»'■-' ■''■"™ «on.n,„„i.,, „,,!„„ »" 'he Boerd of K<,„e„ti„„ e ^ " "'''' ""!"''* ™"»'-- «° »™ «Ppoin.edaMr.„er.o„,„f.s,i„ :,' '™"™ "'• °'«™". ">= t™,tee, «l>out tbo 20lh of M,„,|,. '"""'' '™"'""S '" " 'li'I not <.omm„„ee „„ti| The private school c,labli,l,ed muler tl„. y.. . '■«»"ler ivas about forty. ' "" """••'«'■ ™rolled i,, it, Wen this school »•»« m(»i.i,-.i , ■■ » Mr. Charles Bo.,s, ij rj 1 ^ h , IT "' "' '" " '""^"'^ °»™ I-age, and with the consent of ,h r„ ° T/""'"" '"' '"'" '» '"«' Or«n„e "" « verj short ti„e, Mr. Bo ,e „ , ' '' ''"" ''«'" "' °P"««™ -hool being „el„ in these roon', ! 'T°", "'■»"»"-• °^i«ted to the ^' "" .°'™«' ^»%e, and had sil;,; ^ ,i "c T"^ ™'^" '"' '■°™" "e private school for „ fe„. .voek, „„" ' ""T '" """• """"'""^ '"' bo oc^pied for school purposes, ''"""" "'"' '"" '■°"'"« »l'onid not «»;;'rtt!eit; ii'^hret: jsttei'i '"; r"™'° """°°' ^"'»'*<' - ;"'"r *° »*oo, i„ that h„iidi„; ; :t : "■°"" ^"' » "-o '» «-•■■ "" ""'^' P'> "°«. -d thns deprive iZ T '" ""^■"'"'«' '° «« """""■•"'™»»f having lire; ho 33 rion's uppointmrnt as fi'. O'Riien 'v.is ap- 'ecamo most active i„ tnient It must not feacher was Locause I'l "iiy such ground tlio Protestant rate- iliool tfiaclior should '<"ii tho evidence I the naminrr on tho a llonian Catliolic, I'. ^l>: O'Brien, the I'oen a party to tlie iherehy, I do not community, wJuch matter. So soon •ion, the trustees !Jier in the Town ; ted for tlie estab- commonco until 'vas ill operation • onrolled in its IdUig owned hy n to the Oranf,'o en in operation objected to tJie ated the rooms >' occupancy for ims should not intended con- a stop to their mpted to take vins «re ; he also attempted to use other means to compel them to leave the building, and eventually fastened tho outside door with a lock and staples. The eflbrts of Mr. Hosse to prevent the private school being held in the building were for some days publicly talked of; and the night before tho occurence happened which I am about to mention, it was stated in public that there would be quite a time, so to speak, when they went to open the private school the next morning, as Mr. Bosse had put or intended to put a padlock and staples on the outside door. Accordingly, on the next morning, being the 2Gth of March, 1898, a number of persons from curiosity or otherwise gathered in the vicinity of the building to see what would be done. Friends of the private school with an axe broke the padlock, and the teacher and pupils entered the school room without any molestation. There were some twenty-five persons or thereabouts m all gathered to see what would be done. The evidence sliowed that of these about from twelve to fifteen were Protestants, and about nine to twelve Roman Catholics. After the lock had been L/oken, and the teacher and scholars had entered the school room, and while the persons present were standing around, a sled drove up, and the driver, who was a Protestant named Richard Miller, who did not belong to the district, jumped off his sled, inquired what the trouble was, and then addressed himself to the Roman Catholics present and made use of expressions calling them a sneaking crowd and other like expressions, and a Mr. Gammon also referred to them as a sneaking lot of Catholics. These expressions brought on a war of words, which continued, perhaps, for half an hour or so, between a few Protestants on the one side and a few Roman Catholics on the other, as to this attempt of Mr. Bosse to close the private school. Within less than an hour all had dispersed, and, so far as the evidence shewed, the effects of this war of words had ceased to be thought of as a disturbing element of any moment in Bathurst ccmmuuitv. It was charged in this connection that Bosse was instigated to do what he did at the instance of some of the Roman Catholics of the town, and more particularly at the instance of Mr. Patrick J. Burns, a brother of Mr. Ken- nedy F. Burns ; but the evidence did not support, much less warrant any such charge. After the conclusion of the war of words, perhaps some two or three 5 J'0"r8 afterwards. i^7Z]ZiZ7^'^'^'^'^~~~ ^^======- •"'«Atto,.nov(lonoraI...sfo„,„,,. '""'^•- A. (i. m,.un. M ,>. p., ''"''""•^' «"'tion. Mare). 28tl.. m^. ' 'Jn verffo not tj,j8 morninrr i ' '^ Selleh, And secondly a teIo;,nani fron. fl.. t, , ' '^^ ^'' Thomson-.' '" - -. . «™.,. o;r t::::;::-:z::i - «... ».. .,.„_ • «• H. P.™, M. p. I,, • "«tl.nr,t Sia.i,,,,, ManJ, as.^, j,,,, l^rodericton, N, B, : fsent folJowinff tpl« *•" upon (jov- ' 'T. Selleh. I make no comments nh«n .1 ' ^' ''''• ^"o^'son.' «« --e .toe ,« e W ,Z ^TLZ "" ''°"°- ''-''.p.. „„ . «-eo„.nce ,„e,f o„t „f „,.„. .C„ f "^ "^ -'■ tbe,, .» t „ J to be rslogaw lo oblivi„„. •' """'• "V be consider.,! ., ,om„tbi„„ I can only repeat bere ,vl„, i , "We ttat Mr, Edward L o „ ' 7 """">' '"'■ '"«' " - -erv ro„ , ««ta,n.ng the same, and in renderil , . ''"''"*"^' ««'^««J« and in "'^'^^^J'een. has greatly increased ■i:'*^*;' iQ«gs;., 3(1 le " ^Vodericton ; t\ '» tlio KovorfliKl Mr. f^eo'^ral, nn follows :" fni-cli 28t|,, iHfJO. '•rb»rle,l-„„mbo,- -oiii- Iil)or(i(.H find • Selleh, • ^''- Thomson-.' ^«v. I\rr. Thorn.' hoi; '•"'' 28tlj, 1893. morninfr — door Jfi vicinity uhoi, •^•ail upon Gov- ^ELLEn. f^^ Thomson.' 'an to say tlmt ?«slature. The ty of a riot, nor ' alarmed as to J^erhaps, now ey, as well as as somethin" « very regret- 'P<^ Oramninr '>i'Jty for this sued hv the iools and in 'ooJ.s of said '^y increased the cost of raHintuinin« schools in said school districts, to tho grout loss and injury .f tho ratepayers in said school districts. Klin.inatinp from this on.pluint tho words, < in so cstahlishinK sai.l conventual schools.' hocauso I do not lin.l that conventual schools wore estah- hshcd in either .listrict, tho quoslion raised under this head of complaint is that tho cost of maintaining the schools has heen ^M•eatIy increased in tho 'Imvn and Villa^ro Districts, while the schools have hceu less usef.,1 than lornierly, since the trustees occui.ie.l fur school p.iri.oses the teachin.. r.,ums ... the (Jonvent school building, in the Town and certain of the school rooms in tho Convent huildinj,' in the Villa^'e. A great mass of testimony was given under this head of con.plaint, and comparisons made as to the cost of maintaining tho public schools before tho Convent school rooms were occupied for school purposes and afterwards ; and hsts of ratepayers were produced, and evidence given to shew what proportion of the rates and taxes were paid hy resident and by non-residont Protestant ratepayers, what proportion by resident and hy non-resident Roman Catholic ratepajers, and what proportion of such rates and taxes were paid hy corpcr- ations resident and non-resident. The school law never contemplated that the carrying on of the common schools m any district should be governed by the amount of rates paid respectively by the Protestant and Roman Catholic ratepayers in such dis- tnct. Nine-tenths of the rates in a district might be paid by Protestpnt ratepayers, and three-fourths oJ>the children entitled to avail themselves of the privilege of the common schools of the districts might he Roman Cath- ohcs, and vice rerm. It is not charged that the rates were not assessed alike tairly and equitably upon Protestant and Roman Catholic ratepayer., but what tho complaint really amounts to is that the sum voted by the ratepayers at the annual meeting is too much ; in other words, that too many teachers are employed by the trustees, and other expenses incured, such as additional janitors and rent of the school rooms in the Village, which, the complainants allege, greatly increase the cost of maintaining the schools in these districts. The imposing of assessments and the regulating the amount of them is under the law so largely in the hands of the ratepayers themselves that unless something of a very outrageous nature were shown the Board of Education should not interfere with the action of the ratepayers-indeed how far thev should or could do so I am not prepared to say, as no point of the kind was taken before me or argued. 'I- M VmA «„ „|,|i«.li„„ ...rr^,„ „„„„ ., „ , , -== ..Corfu, wl,e,l,„. „„ „,,,,„„„„, J" "■« Bo«r,l „f K,l„c..,„„ .. i„ ^ne Jaw, no .loubt, mves tl.n i , a very different thin, fl Uu- 77- ^»'e schools ; l.uhat is voto of ratepay.-rs. an.," to say o ^ M ? ?' '^ "^""'^"■^ ^^■'^'' ^^"^' 'noney for school pu.posos in L L ?^-' ''"'^ "^^^"' ^-' "-'' J-it upon the amount to ot ;f " '^" '^"^ '^^ ^'^ P'-' any Town and ViHa,e) now under Z^ 'T, ""^ I" ^^^' ^^ '"'^^-^^ (t'- uto details such as I h.ve above refer \ T' "" '"' ''''''''''^ '"^'^ "'in- ;n a general way the sun.s voted for .cCn '' "' '" " '""'""' «""'^'^- - these two districts prior as we si 'T "' ''' ^""'"' "'-^'"^- vent building school roon.s in the C anT vT '"■'"' ^^''"^' '' ''' ^'- The evidence showed that the annua 1 '" " ''" "'"""^^^ '' ''''■ the taking over of the Convent s 1 00 " 7"'""' '" ^'" ''"^^" P^'" ^^ after the Convent school buil inl ^ ^ ^'""^ ^''^^^^'^^ I-" annun, and my dollars per annun. extra. " " "'' "^""^ '^"-'^ ^>"n<''ed an per annun), and iiee hundred and ^>al meetings for 00 00 30 )0 )0 10 [) 5es always had i annual meet- ited, the rate- land, but that is the reason why in that year only m)0 wiis voted. At the close of tho year l.SS!» there wiis u small halancc on Imml of al.oiit one hundred and twenty-six dollars, and Dr. Duncan gives us u reason for the a,ssossment of ^IMOO.OO in ^Sf»() that more money was needed to pay for additional accommodation and additional teachers ; hut it must also he horne in mind that provision had to he made for the additional scholars.who came in under tlio law, and also for the portion of the term tlu! Sisters of (,'harity taught in 18!)0 as well a.s for tho year i.S!M. Dr. Duncan states that thr reiiM.n why the assessment onlered at the annual meeting in IN!»2 was <.nly iJiiiOO.OO was I ...cause the ratepayer who propo,se(l that sum did so in opposition to tlie re(|nost of the .school trustees for S.S00.00 ; and that such ratepayer had iin idea running through his hca.l that the principal of the Superi(.r School should he dismissed or asked to rcsion and a cheaper tcficher engaged, and therefore a less amount would he needed. Having thus given the iuuount voted annually by tho ratepayers in these two districts, (which, of course, l.y no means represents the expense of carrying on the schools of the two districts — yet the sums I have men- tioned as having heen assessed were the only sums, besi.les the e.vpense of collection, Ac, which the ratepayers as such had to pay,) can it from these iigures he .said that tho a.lditional sums voted at the annual meetings in either of these two districts were or could in any sense he considered as excessive, or, to use the words in the complaint, ' as having greatly increased tho cost of maintaining the schools,' when we look to the additional num- her of children that had to he provided with school privileges after the Roman Catholic ratepayers in I8i)0 in these two districts expressed their intention that their children should be taught in schools conducted under the law ? In saying this, I by no means close luy eyes to the fact that tho trus- tees may not have engaged in all instances teachers of as good a class to teach in the public school buildings as was done prior to 1890, and may have had a disposition, perhaps, to permit a larger number of the Roman Catholic children of the two districts to attend the rooms in the Convent buildings in which the Sisters of Charity were teachers than was consistent with an efficient .system of grading, and may have had on the staff in the Village District one teacher more than would be otherwise required. The letters of Chief Superintendent Inch to the trustees would shew that he ■ «- '<.« Mowi.!" "»' '"««' «-. I.eh .,„; ": "■^' """"■■ •'"'« «.= 2«, •Strict. ,„ r"*" "'■'■'"'S'""™'" fo,. e„,H,,„,. "'," '"■«?»«■' to ,a„o. "■"I tkat after ,,,. , ""''"""y ''^'k-UoS , "'" ""'"''"■■ '■""''''■«■ 3"'. That ' '■" '■'■«'»'«'«l i« L r ''"'"'""""^^ „. ' ''™'' 'hat the „,oet,^r' ''"'''■'-"'''»''»»■ '"^"'''"-■'1 : - -2 sir • r r '■■"=' « rn - JOO, then in s„cJ, . P"!''^^ '^i the distrir^ f n " ^'''"^^ '^e ' '-» 'o,.„.i„;Ltr "°' ■""■■^ """ «- 'o:::/ :; r "-" "•*- '--' - a. fo„:„. ' *" '"'«" ' -'^«-«'ooc; t„„ t™,teo, t ■ '■»'■ A Superior s, , '"- l" «'vo their •"-■"Wi"* With tw e»t ' *" '" '"-»'»-e.l iri « P :'«*icte„ro„«, t, e r T*"'""" "' '-'»-■'' If I I"n'° '"""' »-°"M te regi.tore,l " ' „ '"'"'°''""«.l that about ''■""''' «>'' ■ '"'■ '•wo dep.^ It 'r;;^;- «%• "ents, including the hw fi,. > , "■'"'■"*'"'"*. 'nay be con. ■- -- i ir - »ia i m >f 'natters ; and tI,o "^'•^"'•-'^i in hi, Jetter ""fJor (lato the 2Uh i''opare,l to sanc- ' ''^'^^^' in you. ^ ''^tainod, three i„ ^^•^'^'^•lai/yatten.l'- cfc. and 7;^ i„ ,.^^,^ '« ^^'i'oJo number ^'"'' t^^'o buildings, t^'e pupiJ.s of tj, J Gianuuar ScJiool '''^'' »^« conducted '^'« i-«cun,sidera- ''•^fifard to the ^ce in efficiency •arance and in *he educational ti-ustecs of tlie ^^'- Inch says : aiTangement 'S on the 21st Should the ' time below ^'ngaged for ' fe'ivo their Wic School 'f'l-en of the ■^ve pupils ''age daily 39 ay be con- 'tinned in the Convent building, pupih above Grade V. to bo sent to the ' Superior School. ' 3rd, the Schools in both buildings and in all departments to bo con- .lucted ,n strict conformity with the School Law and Regulations.' The trustees of the Village school took some action upon this letter and at a n.eeting held by then, on the 27th of December, 1892 wished Grade VI. to re.nain in the Convent .school building, and .lesired in refer- ence to the average attendance falling at any time below one hundred that the Board of Education would give them such notice as would enable then, to legally notify their teachers, aud that in any case the proposed arran^^e- n.ent .should be good for one year irrespective of enrollment or avera-e. " On the 2nd of January, 1803, Dr. Inch replied substantially that^whilo desirous of meeting the views of the trustees, he could not see how tho Superior School could be maintained if the higher grades were withdrawn from ,t, and therefore, that he could not without instructions from the Board of Education withdraw the condition referred to unless there were pupils enough in Grad6 VI. to require the work of two teache.vs. Dr Inch in his communication further stated that he could not recede from the position he had taken, that there should be a daily average attendance in both buildings of at least one hundred, and that in case the average daily attendance in either building .should fall below fifty that then notice .should be given at the earliest possible period under the contract for the dismissal of one of the teachers in the Convent building. Dr Inch further stated that the charge was urged with persistence that too many teachers were employed, and in his opinion if the daily average attendance for the district fell below one hundred the charge would have to be sustained. The trustees answered Dr. Inch that his reply was not satisfactory, in so far as it did not sanction the proposition made by the trustees with regard to having Grade VI. retained in the Convent. In answer to this Dr. Inch, under date the 5th of January, 1893, expressed his regret that the trustees did not regard the terms of his letter of the 24th of December, 1892, as a satisfactory adju.stment of existing difficulties; and felt a,ssured that if the trustees of Bath urst Village per- sisted in a course which rendered it virtually impo.ssible to retain an efficient graded school in the public school building of the district, it would precipitate a crisis which in his opinion it was the duty of all who care for the best interests of the country to endeavor to avert. D.-. Inch further 40 ■ letter nfn , ™"' 'ui™ Slew elint .r "'"""K^ial lolnrns '^« Chief S„peH„ee„::;':tr" '»-■>»'■"* l-'wee„ „r r . '•"•-^ '" ".V opinion .hetn?" '™"""'' "'" "- Boa.I "f a T' 1" '"^'^ """ reasonable oraJin,, ,,,. '^'S''»"co in resDcet t„ , "•■' their ,lMy to .,„"„'"« "' *" «l'ool,, b„t also have """"« School W nTR""r' °" '" --*nco ;, Vr "'"°""*'" "•« '"S all this i, n ^l'"'''""'- That there J^'l TT '"'^ °' ">» ■•»e 'he investi!^ i °n M '''""''"■°'' "' »»" altho,,,; '''!•'''" "" ""*■•- *■•»--, one- Of e, . •""'""""•'""'"■-iiia.e evidence su-vaesterl „ * ^''"^'^^'^ «f the Villn a-ohoohir rvrj':""'"""-°« *-'»™' J t '**- '" "■» '«J be enlarged 17 * "' ""' """""'arie, of l| ! r , " """"S^nont of - wonid nottd tl: '"" "" "'° «" ■'"^ whether*;! '^ ''■"*'■ (No. I merely call attention f. *k 1^ '^"''- • '' "P'"'0" would enabJ(# ■»-^^: "^'ition conl.l accom- acfier, and that tho "-t least one hundre.l ' '■" J"'« letter of tho ' «""'<' not ,00 any C'>"fino the public "-^ Village District. f Febr "ai-y. 1893. fcJ'o latter date I,o '0"'fi enabJ«* 41 the trustees to meet the reasonable requirements of the Board of Education in the matter of grading. Then, again, I have endeavored to analyze the amount paid by the Protestant ratepayers and the Roman Catholic rate- payers in the Town and Village Districts. The figures following give the enrolment and average attendance of pupils in the schools in Bathurst Town and Bathurst Village for each term of the years 1S90, 1801 and 1802 re.spectively : FOR HATHURST TOWN. Earolment. Average Attendance. Term ending June, 1890 1G7 113 Do Dec, 1890 230 157 y>o June, 1891 227 164 Bo Dec, 1891 212 145 Do June, 1892 213 149 Do Dec, 1892 225 167 FOR BATHURST VILLAGE. Enrolment. Average Attendance. Term ending June, 1890 92 54 Do Dec, 1890 171 nG Do June, 1891 163 120 Do Dec, 1891 170 105 Do June, 1892 1.56 103 Do Dec, 1892 121 86 On the 31st of May, 1893. the number enrollecTin the Village schools was 164. From this it will be seen what increase in the enrolment too^ place as a consequence of thft Roman Catholics of the Town and Village having come in under the law. The increase in the enrolment for the term ending 30th December, 1890, in the Town, was from 167 to 230. or an increase of 63, and in the Village, from 92 to 171, or an increase of 79. It appeared by the evidence that the population of the Village had between 1887 and 1892 decreased somewhat, owing, as I understood, to the closing of some milling establishment in the Villa«»e Dr. Duncan in his evidence stated that previous to the year 1890 the average amount of expenditure for .schools in the Village was about $1,100 per annum. He gave figures of expenditures as follow.'.. : For the year ending l.st October, 1889, $1,171.48; for the year ending l.st October, 1890, $1,070.60 • ' Hi fill m m ■ f«'- the year en^-"".swielc. That ^'■'•^'^■i ; that of this Hornan Oatholie '^■00, inalcinrr the Protestant Vate. ^ niako np, with ^ato.s paid I,y ^n. hut still the reJiaI)Ie. Af,, ^«'- the year ^-vander J. j{ ratepayers at Protestants at ' the Roman ''' <^'o.'« p,o. ^ property i.s f^ent Roman "'Pany, and f the M'hoJo » -residents, Lawrence ""^d leave anies and 'n corpor- o"grht to houh] ho «.Med to the $43,800. the other assessable proporty"of Ro.na„ CaU.olics in Be this as it may, the figures I have given will enable one to reach a very fair conclusion as to the proportions in which any sum of monev assessed upon the Town for school purposes would be borne and paid Iw Protestants and Roman Catholics respectively. Under this head of complaint J cannot think that the evidence estab- bshas that there has been such an excessive cost in maintaining the schools in the said districts as the complaint would seek to put torward ; l>ut beyond question the school trustees had not up to the time of the investi- gation fully met, as I think they ought to have .lone, the reasonable requirements of the Chief Superintendent of Education in regard to .,ad- mg and average attendance; but as his letter virtually gave the trustees up to the end of the then current term fSOth of June, 1893.) to meet the n luirements he demanded, it is to be hoped that by that date the trustees may have shewn compliance with the terms contained in his letter to them. (10) The tenth ground of complaint is that the said conventual sclioo s were so established for the special benefit of the Roman Catholic church, and with a view of forwarding the interests of such church, and for the purpose of injuring the Protestant church and to the injury of the Pro- testant ratepayers of said school districts, who pay a large proportion of the school taxes assessed upon the said school districts. I have already stated that in my opinion no conventual schools in the sense that the tenets of the Roman Catholic church were to be taught therein were established or were sought to be established in Bathurst Town or Bathurst Village; and all that was done in regard to the taking over of he Convent school buildings in Bathurst Town and Batllurst Village and the engaging of duly licensed Sisters of Charity to teach in the Tov^n and ^ il age, was done with a hona fide intention of having the schools in such hui dings taught and conducted imder the provisions of the School Law and in accordance with the regulations of the Board of Education, and not m the slightest degree for the special benefit of the Roman Catholic church or with the view of forwarding the interests of that church or of injurin-. the Protestant church or the Protestant ratepayers of said school districtT, as IS alleged in this ground of complaint. N I ■•■11^! 44 (11) The elevpnfK , ^ — = =; — . — . 'le School Ma, '7 f""'' "' ™»P'aimrZrrT========== (»«i Afanual of I8J>2 altered, 5r other written '•oow or boiJding 3 district. Such S'ipervision and ^••s and at such 'y school house to its ot their B leased, unless 'onsideration of fae regulation, > consideration were iJiegally ' did not con- '^e proposed St Town and district in owe qualifi. capation to 3 additional ^ed to the nmittee, of and mak- they were *at after the printer had done his work the regulations as then revised and printed were read, approved of, and adopted by the Board of Education, and became then, and not until then, the re-julutions of the Board. I may here say that when I was u member •' the Board of Education and a new School Manual was to be prepared, exactly the same course was adopted as in the present case— a committee was appointed to supervise the publication, with power to mako alterations and sugj];estions, aud then when completed such committee submitted the printed manual with the alterations and suggestions made by them, which was thcM adopted in so far as such alterations met the approval of tlie Board of Education. This disposes of this ground of complaint, besides I may add that the qualification appended to the original draft was in my opinion one that was absolutely necessary to the efficient carrying out of the spirit of the regula- tion, because in every case it might not be in the interest of the education of the children of the district to have such a hard and fast regulation as was at at first drafted. As it now stands, whore there are special circumstances, of which the Board of Education must bo the judge, these are to be considered in any order that the Board may make under the regulation. (12) The twelfth ground of complaint is that in the County of Glouces- ter, and in other school districts in said county, the said trustees of said here- inbefore last mentioned districts have refused to employ Protestant teachers on account of their religious faith, and because such teachers would not from conscientious scruples agree to teach the Koman Catholic catechism to the pupils of said schools. Very little evidence was offered in support of this ground of complaint. A Miss Alexander thought she was not employed in one district because she was a Protestant, and very likely some one or more of the trustees led her to believe that that was an objection to her securing an engagement as teacher j and one or two other applicants for the position of teacher in various districts thought they were, not engaged by the trustees because they, the applicants, were Protestants. However, Miss Alexander in subsequent years was em- ployed a-i a teacher in a district where some of the trustees and nearly all the children were Roman Catholics, and it did not seem to trouble her conscience very much to teach the children the Roman Catholic catechism after school hours. Miss Alexander stated she did this because she thought she might lose her position if she did not accede to a suggestion frpm one of the trustees IM" 'I I 46 t'lat it Would h ^'^^^''^^^'^''''''''=''===^=^====-z-~ "»^"«'»»d. It „., ;;j '7'°™'»"« of .1.0 sci.00 , v°" ■ """ "''°"' «,.„... '"" °f »«»«.■»« .enters, „:„,;":; "; "'■o™ the ,„ ,.„, '' '''»» »ot J° . °°'' "" '™"««» soierul , r""''"'- '"■• «■« considered. '"" '" "■= "■»' tl,ia «,o„m of ' r '™- ''«"' «nle,ed inl„ 11? "'"""'' »' ™n.pi.i„l i, . ,., ^'■-"■* N„„t ;:: '?: ^'--^ "'^"-at,- » .„ : :™*-'» i..^ ""oio'-s have been eJ. '" ""'' °<>™'y of « ' """ "' ""'oo, "«"«'' lo ■■»«»«-« upon a dlf"""^ '"' *P-W .0 e, "■°"r'""''°°"'o„r,, "-"denoe.,.e.ueed,obene.e ^e That the '^^i ■p&m^wm ^mfflf^m '*«'■ tlie eatechi '«••« «nd ,„av j,„^^ J to employ i.,^^^^. ^««>entious scrupJes of said schools. '' ^ow it can aflect I «m at H loss to •«%''jt uuder tlic 8 t'^e trustees caij 'aspect with the ''*".>' to u teaeljor ; '* ^0'' Piotesta.it ^otempJoyyou. ^ of Education ''' «" ^«ft to the ^ the law has '•"stees of each 'e»y trustee iij ' « Protestant iJd desire to the engagc- ^'es, for t]ie t^ further he nents have of School <^ei' which ' they wiJl 'hurch to ^ol hours, ' thereby »• of the iat the 47 school building in No. 1.1 not Ixung in a state of repair to permit of two (lepartnieiitH and two toiicliers, which it was said would l)c necessary to provide for all the school children of the district, and it being understood tliat it was agreeable to the ratepayers and trustees of District No, lo, and that they would pay the salary of one teacher in the Convent school building, pprmis- nion was given to the sending of a certain number of pupils from District No. 15 to the schools in District xNo. IG (the Village District.) When tho arrangement was sanctioned it was understood to be a merely temporary one, tigrceable to all parties, and was simply permissive until provision could be made by District No. 1/5 to put its school building in an oflicient state to accommodate all the school children of tlie district. Dr. Inch in his evidence says he had knojvledge of a temporary arrange- ment by which one of tho Sisters, a teacher in District No. IG, was to be allowed to teach pupils belonging to District No. lo. Those pupils might attend the school in District No. 1(5, but not for the purpose of religious instruction. Dr. Inch says he made the arrangement himself, understanding it was agreeable all round ; but when he learned that Mr. Colin Nevin, one of the trustees of District No. 15, was opposed to the arrangement, he with- drew his consent, and informed the trustees of District No. 16, (the Village Di^strict.) it must be discontinued after the end of the term. But on a peti- tion being presented to the Board of Education, they gave Dr. Inch authority to act in the matter ; and Dr. Inch, thereupon, when he was in Bathurst in December, 1892, informed one of the trustees of District No. 15 that for the reasons stated by the petitioners the existing temporary arrangement would be allowed to continue until the end of the June term, 1893. While this arrangement existed the salary of one of the teachers in District No. IG was paid by District No. 15. At the investigation in Bathurst, something was said as to the form of a portion of the charge ; and Mr. Skinner in regard to this stated that what the complainant alleged was that an arrangement was made whereby one of the Sisters engaged to teach in District No. 16 was allowed to teach the pupils of District No. 15 (who were Catholic children) in order to impart to them in connection with the school religious instruction of the Roman Catholic church, because there was no teacher in District No. 15 that was considered by the Roman Catholic authorities competent to teach that religion. After some discussion it was understood Mr. Skinner might proceed with the examination of Dr. Inch, the witness then under examination, as if the charge had been ;i ■/Ml' » "'« matter .„/ , "^ '"'""' "> '"^ " ftll e,„l„ T '"'"""'''" »f "« ^^ '-'« Bo.ra !:■;„ tr;^r''""°" -"'•-.uarr ;:rr■'^'■'»--• '» '"« first p,ace-l ' " " 'T" '' '-'""<"" : ' I .U " ""^ ^°° "''»'« case, I ao„„h, ,. ""' "'^ """ '""ogemeM. u„„„ ^ ™ ^""o^""- ' *o„M oea,e,. ' ''"' "'« f">»™' term, n,""' ,, ''"'""' "° «'™- »f.f»ne.,893. ^^'""° ■*"■'>'• I- rere«„™„,„,^,^ • ""^' «« J'e understood 40 8 okimiaif that It nu(h hy !„•,„ -"tlioJio church district Xo. iG, '"•"tortosup.' ^"HiMere.l tlmt 1 temporary '» '■" Wfitrict '•ec/iuso tho ■' tlio (listrfcf.. Iiomsoijorin ''set] to the 'on of the lection with explicable, improper. i upon you ^f'i that is • Nevin at "le before resentinff thdrawal ^' re more 'scretion iiff the ex ten- tood it ? 80th ?ivin;y ch so It Dr. stood W.U, the eo„,„„t of .|| ™„„„„„j, „„„,,i„„^,, , ,^__ „„a„„e„e„l W 10, .nJ rten ■„f„,.n,e,| il,.t „,.„ „f .,,» „.„.,e„. „,■ Di.tric, No. 16 h.,1 u.,.l «.»en^,l to .„cL ™,«o„,e„. wi.,.,!,.,.. I,i. co„.„„, „„d ..,,, .k„ „„.~ °:r;r;r ^ "."T'^™'"™"- ' ^^"«"« "^---' in..™,: :;r ,1™, '•' '"'"'""' "" "^"'°"'"" -'■ '"« «-u,,.c.„,e„t, ho e«.,„Ie,l it f„, „„. tain r,V'''Tv ™' "" """" """ " """""■"■' "«n«.me„. to ».„„ to e.,. of an t e, „.tnct d„rh,,. ,ho „„,„ ,e„u,.„d ,o .„.,„„ tl.e tr,»t„e' to „„. 1 choo bu.ld,n« i„ tl,eir „,v„ „i,.™t i„ ,„e.. oon.lition a. to .ffor/lp ». ,001 accom„,o..,.lio„ f„,. „„ tl,o ,. „.„„ „r t|,„ ,i,t,,ct. ,r tl,e™ « Zm t.on „ot Dr. Inch „, tbe Bo.,,1 of K,I„c«tio„, .houM bea, the r«,po„lilit,. Suppose for .nHlanoe, the .chool l,„il,lmg i„ District No. 15 :,.d been de troyed b.v fire, could it be urged that it would be objeCiouable to permit " D str ct No. 16, („,tb . e couaent, of course, of .be trustees aud ratepayer, of n No. 1.,? I tb,„k ,t could not be so urged. In tbe present case the ufflcencv of school a=cou..odatio„ i„ No. .,, was stated to be the reason tor tbe permission granted. It seems to me the case was one which the Board had power to deal with and which came within the purview 5f sub-section S of Section 5 of the Com'- mon Schools Act, Chapter 66 Consolidated Statutes. That sub-section enacts that the Board of Education shall have power 'to . ^ke such regulations as ma, be necessary to carry into effect the'chT te 'operaZT ' '^"^'^ ''' ^"' ^^'^^^""^^^ ''^' -^ «"- -^- i*; «hn ,?'' ^'I ^^ ''''^ *" ^' '" ''^"'"''•^' "'^"^ '^' ^'^^ contemplated the Board uld prov.de for, and the time limit of the arrangei^ent halg expired . good can now be accomplished by further discussions of the question may add that in what was done there did not appear to be any attempt to nfnnge upon or destroy the non-sectarian character of the schools in Discncts No. 15 and 16 in Gloucester County 7 n '""' "'■'''•■™ '-e ,,e„„ fo„„,, ,,,^ , ' - •>■• -... .•„-„„„..., ,,,,„„. «'- .». o.,.„e., ,,, ,„„ .:,::::;» ';"■"■"""" """" ■■ '■-« »f .i.i"!r ;r r';,: t,:„r.r;:: -'■ t"--- -'«"■»■ : n. ,„ e.,. '°° '" "°'»" "» '"»• . and I i,„™ ;"!,""', f^-' "»" "»' fro«. .....y ,„.e„. "ot a school i,„„, .„j „,„ '«/»'■ m -««„„ . „,„„f„,.,. For reasons which I i.o • p« on„o .,00, d„,. J: ::;::'•-;■' "-■"' '"■■ "-" -- ^o™.,, :^'" '^"-™^'«c,„„, of .,,„„.:,: j'"7' ■'»'»»» „« ,,, .„„„ "bar .„h«h i„ which i. ..„„„„;; "";''°'™«'""»"'.o".»;b,.U,.„li„ ■«ed.,w«„e.sestho,„huho : , r„r:r "T."""-™ "■'■» «- cJ:: ".« wi.h,„ teaching ho„„, h.,t i. ;:, ' r:':'"'^'" ■" -"'• <""'• «i.oo,. ." »-i* .ache™ „e. ca„: To ^ 7!^ °' f" '«'- ■'. ".« c.ac: '«.«her w,,o has ,„ ,„ake his achoo, r " .' . " "'" °'"""'° '"«' «■" ^ -,- o tliepupiJa sectari not tenching d uruifT 51 1 of tlio srIionlH ' "•'^•■'l uitliiii " '" llic |„il,i(, 'If,' tlioinsclvcH taiiccs IVoti-N. « to H(l kiU'ol in oiu- of Hui,] 11:110, llCCjlllHO 'l"'«. and tlio »*» «". opened Ihei, .„t^, ^ » ~™ by .hi, „g„,„,„„. ,^_^^ » ^""Plur. reading .„dpn.,,,,,„„,^77' """ ;"- the sch„„, *,„/fc .'!7'",'''^ P"y»"«Ul,e opening on, ""°°" '"'""" ""'y. -nd o„e Tke regolalion seems to ii« .J ■ '--cisebis p„Vi,e,, or : ;V;."r"'""''- »'■«■■ 'heteaeher desires P>..«»th.es„„iscrip.,rere.di„atd a '","'"' *""" ^"'^^ -'- 'ie close of «,e daily e.ercises, and dol T"'"-' "^ '"° «"-'• ""d .. Praj-er, just before «nd i„,„odi ,„! .f^' "'" "°"'™P'"= "- saying „r f«' recreation, ^'^ "f"- ">e noo. rocss or the honr allLj -t:l'';t,l:;;:;:r'°''»^- »"* -rc.nsod h, .Ue tether. The prajers used wpm »,u * ««r «d tbe -AngeinrrC;;^'^ "' '"'"■' '' '"» »«-. <.< 'Hai, , ^'■•'•^■•».ofthc.ep,..ycrsr. !r'"""°"''- "f "^ '° "! tkat the Board of fM 7 " "''"S *«'»■ It is „o. -"•on g™.M ^ .,, .,„;^^ ";:::::,'" "°' ""■"-""""•^ 'i«' ^ p the trustees in aaoh o *°^ ^^^^'^ Prayer won/,? k ^ •"* a «»ner as to permit „h.. L " ' „ ~°«'"«J bj stuclly Roaao Catholic 63 tl the teacher 'f' by offering 4 'ig toHchors in onie teachers ^ then before > opening of 1 closed by lat the fore- mcliers said y, and one essions and >cr desires '. contem- K twice in '^ and at laying of »• allowed 'Oil recess , teachers ^i'HaiJ of the 22, and lachers at one ecause istrict s not B per- ed by bo]ic T].e™g„kli„„ w.„ „,ig,„„lly ,„.,,„ „„ „,„ 15,1, „fN„v„,„bcr 1«7I ""s t'' Mr" ';"■'""' '""'' "■'" '' ^^" -- - "■« '"•"»; « ' lation 22, School Manual 1892. l.«o b.™ ,„ ,1,0 l.al...t ..f l.>oc]i,„ i„ »,| »ao„l. „iU,i„ .„•,, »eho„l hour .nd crc^s tl,e„.„lvc, .1™,. „.iu, .,,„ r„„.„ c.u„h„ „hiMr„„ I an, not .,v.>-o th.l Iho knooUng bj ,bo ebild™ f„ t,,o .'boo, ,,„;„„ 1.0 .»,v.,.« or prayer, bv tbc .„,ebor i, objcction.bio. .„„ I „„, ,1 12 .n.u.t.be,„.o,Use„e„„f«,oco.„,„.i„.,.t or hi, .o„n»o. ., to ™ 1 1. t .. the «„t of tbi, «,.„„„a of co,.,pl.i.., but „onm,e r.y remaZ to „ Ut S' PO''-o» "f the „„,.„„.i,.t , t„»t i,, that Protectant cbUdl :^Z h.b.t of cro«.,.g the,„,.lve, .long with the Ko^an Catholic pupil, borne ew of the Protestant children ,tated that the, did at lir.t cr„,. e™e ve» ur.n« p,.ayer ti,„„. but „„ tel,i„« their parent, that thev ha dl ao. .u a n,o, every ca,e the Pro..,..,, p„e„,. ^,, j,, ,„,, ,|,,^-,_^ ^^ ' cZ th /" "", °"'°' """'""' ""' """' '"'^ "M-tdecirothlto cro„ then.,el.e, ; »„d .he children stated that they obeyed their parent^ B was n..„ifest fron, the evidence that the Protestant parents in these drstncts knew that the children knelt in school dnrins prayer tilted ha the Bon.an Catholic children crossed themselves; and i „ , ,1'"' Kegu at,on 22 have expressed their ,vi,h in writing to the board of trustee, tha they d.d not desire their children to be present a. such exerc e but „ snch wrsh was shewn to have been expressed in writing or even JTl bee" ver ally expressed by any Protestant parent to the trustee, in any sinle e irarTu'eer ■'"' '"°"'' ""°-^ '^* *"-" '° •"- •' -- I think this ground of complaint has nothing in it Another ground of complaint under this head is ' That in one or more instances Protestant children have ,^ foroed by their teache ^ Z schools to 80 kneel and cross themselves." I: h •iil ';' "ccnrrenoe slated by I,er w„ld i,„ „ . *="■ "'"' "' "'« 'i">e of Ho .I." effect U..t .,./,„ .;„«,' ::;;;■-" »',y- Ho. evi„o„ee . .„ Elm T„„ school, t»„ght bv Plnlih B J 1 T "'^ '' '" '•^"' «»«l». would be about 1888,) that .be t a " ' J ' "T' "° '""" "»"• ''""«'■ she «, teid by Mr. Phillip Bo„rr . «' ,""'' "™"'' ''°™"^ '"'l "»' l.«r.olf. She said she told herpl ! '„ T ' '" """'' "°" »'"» '» ™- •"fe-^' kueel, but „„t to COS oC tlf " I n",'""' "'°-^- '"' '° "" *" -.s l„d said to he. and that T^U tt, ^^ f" Tf" """' '"' "- crossed herself or „„,. g,.„ stated I /l^-, ' '''"™ "'""'«"■ *» c-.u« herself, hu. siurply SZ^ t TS ^r "T ""'' "'^^ '" oxaminatiou that the teacher told her ho,v to ma^ ,, '" '"' '''*' ou ores, examination sho completolv b,.„l, T '*" "^ "'" ™«» • b"' no. teach her ho» to cross het^tt „;:''• ""' r""' *"' '"» '«"- "'O the other children do it. Jd ., f '""" ™'"°' " "°°' «-« made objection to the teacher as to Ir'"- "*' ""' '" """ "">--' "'» done in the presence of and befor . , 1™",? ''?*' """ "'»' ""■' «- tt«t they could hear it; and th.T«rte h '' '*"" '"""' »*°°'' ""1 «d not c„., herself. And e„ V^e^^ Vn^ '° """''"'' '' *» ;.eu r she answered : • He said he : d ' be^n'" • '^J'°" ''7°"'^ P""«' tout children beside herself went 1„ R , ' '""" '" P'-""'- Cerbett and James Huntley Co bt °,j,^!*™" " «""'' ™: Anna Ethel W.S a mass of contradictions which ii wo„M ''°'"-'"""''"''-''"' "t tl.is witness ;."; 1 Will dispose Of these cont::^:^.^ I rir I ^n 'r,'" "'" " ' this connection. At the time tbi» „if„ 7 "''''° '"''"■ °" » '-her, was in tb. United st.!! ""'™ ''°'' ""''°""' '^°"''«-". «.» -^ wi'itteisr rcii" ^t:"""""-^' '^*" •- — «- .lieged »..tomentefI.yraZ;r ;, .T° ""' '°'™*«=<' «" *» kneel and cross herself, er he ™H h! Z ".!' ''°"''"'°»" '»''' '"' «"» must ™e;ee.raordi„aryf.mthrfa:r,arh '::':;':,:'; T '" '' *= 'ud must have known all .b„„t such 00,^1 „fR "t ' "' "'" "°'° ■n open school in the p„,e„ce of a Ml . m """ '' " ''"^ '^"'•"^ *■>■ Then, again, Anna Ett 1 ' ",: r'r " "'*''" ^'''^ '^"■« »■" '^ —ined as Witnesses befer! L daC^ ^^ T'\ '°""" "" -«y r.iiis, and, thoreforo, the coimsel for ' lied wat- in the 3 time of the^ ic time of the evidence is to Petit Kocher, 8 ago, (which elf; and that ! also to cross id to her she hat her par- whether she ords used in 1 her direct 'e cross ; but 3 teacher did '"rom seeinL' 1 school she it this was school, and her if she 'Uld punisJi ■vo Protes- ^nua Ethel lis witness o refer to ; iter on in ereau, the examined ted as to she must is is the the time occurred s said it ett were msel for 55 the trustees and for tlie Board r.f Education, not knowing what Lyda May Ellis would testify to, had no opportunity of asking the Corbett cliildien whether anything of the kind did take phce iti the school or not. Besides, conld anything more absurd be imagined than that a Roman Catholic teacher with ordinary common sense would, in open school in tho presence of the scholnrs, threaten to punish a Protestant pupil by beating her because such pupil would not cross herself-at least if he did so "it could not but be well known in the district and form matter of comment, and from the parents of the child be ground for strong remonstrance ; but not a word of this is heard of until it is put forward in the present complaint five years after the alleged occurrence. In addition to this there is the evidence of Elizear Godin, who states tliat Lyda May Ellis was going to school to Phillip Boudereau all the timo 1-. u.nt, as well as the two Corbett child: ^n, and that "he never saw, heard , :w anything about Boudereau's having required Protestant child- ren to un«el or cross themselves in school, nor aiever heard of any complaint that he had done so. Henry M. Ellis, a brother of Lyda May Ellis, and two years younger than she is, says he went to Boudereau's school when his sister, Lyda May Ellis, was there, and continued there all the time she did; and that he never heard Mr. Boudereau, the teacher, tell her to cross herself, nor did sl^e, Lyda May Ellis, ever tell him, Henry, that Mr. Boudereau had made her cross herself. However, it so happened that Mr. John Phillip Boudereau, the teacher who was alleged to have committed this grievance, and who at the time of the investigation was shown to have gone to the United States, returned to New Brunswick; and I permitted him under the circumstances to be examined as a witness before me, and he was so examined at Fredericton on the 19tb August last. Mr. Boudereau in his evidence stated that he left New Brunswick to reside at Washburn in the State of Wisconsin, and while there was second assistant cashier in the Baak of Washburn ; that, owing to the failure of the bank, among the hundreds of banks in the United States which went down in the financial panic of 1893, he was thrown out of present employment, and returned to New Brunswick on the eighth of August, 1893 ; and hearing what had been said about him at the investigation in Bathurst, he was pre- pared to deny on oath the statements made against him. In his testimony he said that in his school Protestant children were not re- quired to attend prayers, nor did he ever tell any of the Protestant children to li' 11 kneel Mr. Boudereau emphatioally oontradicled .ho „ate„o„t, „f Ly,Ia May Ell.., that he ev»r required her to k„ee), that he ever toH h„ -I . horflAlf n«« .i.-j 1 , . ™*' "*' ^''« ™u«t cross he.^ei , no, d,d he eve, show her how lo cross herself or in „„y way threaten to beat her if sl» did not eross herself. '' It seems ,„,neces,ary lo parsao the in,„irv of this charge further I w,ll merely say that Miss Lyda May Ellis' s,a.eme„t as to what she ..ys oceurred ,„ the school eannot he accepted a, tr„e : she h.vin. ™ rot «.m^., on distinctly contradicted herself, »"'> ' «■« ™- i-cliL o tZ al'h "T""" '"^ " '"""■•"■»''"' '■" "-If-k-Mc^ if true it might h ve eencorrohoratedhywitnesses-theOorhetts and other, who attLed w he:;::: : ■ ""-^ "■■''"'■ -"^'-^o-i". ^i-o went to . d ».th her a. the t,™e, state they never saw or heard of the occurrence • and Mr Boudereau, the teacher, positively .wear, nothing of the Hud ever :„'„rp,^ ' ,ta. TfT^ """■"" " "^ '''""'°" """ "« "'*"«« ''"C .^ot warrant the lor^ by the teachers ,„ the schools to kneel or lo cross themselves Another ground of complaint under this head is that in one instance a Protestan pupilinoneofsaid school, was ordered hy the teachj s id «hool to leave the same, because he would not knee, i„ said school wtht ^X::z^i::ZT ''-"-' -" "-' -™ - -- di.tric't rZn P *; "'ar '"" " ""'^ ""» '» °- »' «■» «hoo,s in a *.tr,ct at Oreen Pomt, ,„ Gloucester County, outside of the Town and Vil .one of the pupils named .Tames Doucet, during the time lawL, occu ad 1^1 h '""""■'*' °™' '''" """■ ""' -"onstrated with, I think suel, action on the part of the teacher strictly proper. If ,he 67 May Ellis ; 1 not belong nee to him, ds past the imit her to fas only at jy( the ;aith, &c &c &c To Our trustworthy and well-l,ei v.hI H, Uomrahh John James Fraser one of Our Justices of the ■...premu Court in Our said Province GkketiNU;— We reposing especial trust an.l confider.ce in your loyalty, learning, zeal and integrity, have assigned, eonstitute.l and appointed, and bv these presents ,lo assign, constitute and appoint you, the said the Honorablo John JamesIra,8er,tol.easole Commissioner, under the Act of Assembly 49 Victoria, Chapter 4, intituled 'An Act to authorize the Issue of Com„.i«;ions under the Great Seal, in certain cases and for certain purposes/ and you are hereby authorized and re.,uire.l to procee.l to Our County of Glou«rester and here to inquire into and thoroughly investigate all complaints which may bo laid before you, charging any infraction of the School Law or Recu- ations of Our Board of Education, by „r on the part of the teachers or trusteesor any or either of them, in School District Nun.ber Two. as well as in School District Number Sixteen, in the Parish of Bathurst in the County of Gloucester, or complaining of the management of the schools or any of them in said districts or either of them, and also any and every matter of complaint touching the nmnagement of any other school or schools in said UJouceste,' County which may be submitted to you ; . And on such investigatioti or enquiry to summon witnesses and compel their a tenoance, and to administer to such witnesses or any or all of them the oath prescribed in Section Two of the said Act of Assembly, and to take evidence und .r oath and to require the production of books and papers necessary for tne purposes of such investigation; and generally to have and enjoy all powers ami authority which mav lawfully be held or enjoyed by a sole Commissioner appointed under the provisions of the said Act of Assembly ; And you are hereby required, with all convenient speed, to hold such investigation and enquiry as aforesaid, and to report under your han'l all the evKience that you may take thereat, together with a statement of the 9 ;^j^f*.-9&*^-mtat^ tj'f 66 facts which in your opinion are establishefl by the ftvidence so taken, and whatsoever you may do in Ihe premises, to Us at Fredericton. IN TESTIMONY WHEREOF, We have caused these Our Letters to he made Patent antl the Great Seal of New Brunswick to be hereto affixed ; WITNESS, Our trusty and wcll-l)eloved His Honor the Honorable Sir Samuel Leonard Tilley, C. B„ K. C. M. G., LL. D., Lieuten- ant Governor of Our said Province, at Fredericton, the eighteenth day of April, in the year of our Lord one thousand eight hundred and ninety three, and in the fifty-sixth year of Our Reign. \ By Command of the Lieutenant-Governor. (Signed) JAMES MITCHELL. (2) To all Persons whom these Presents may concern : Having been commissioned by the Honorable Sir Samuel Leonard Tilley, C. B., K. C. M. G., LL. D., Lieutenant Governor of the Province of New Brunswick, under the Great Seal and by virtue of the powers and authorities vested in him under the Act of Assembly 49th Victoria, Chapter 4, intituled 'An Act to authorize the issue of Commissions under the Great Seal Sor certain purposes,' sole Commissioner to proceed to the Town of Batfiurst, in the County of Gloucester, and there to enquire into and thor- oughly investigate all complaints charging any infraction of the School Law or Regulations of the Board of Education, by or on the part of the teachers or trustees or of any or either of them, in School District Number Two in the Town of Bathurst, as well as in School District Number Six- teen in the Parish of Bathurst, in the said County of Gloucester, or com- plaining of the management of the schools or any of them in the said dis- tricts or either of them, and also any and every matter of complaint touching the management of any other school or schools in said County of Gloucester which may be laid before me, and to report under my hand all evidence that I may take or receive thereupon, together with a statement of the facts which in my opinion shall be established by the evidence so taken ; and having aojpted the burthen of the said trust and duties im- posed upon me by virtue of the said Commission ; I do hereby give public notice that I have appointed, and by these presents do appoint, Tuesday, the thirtieth day of May, A. D. 1893, at eleven o'clock in the forenoon, at the County Court House in the said Town of Bathurst, as the time and place for holding: the said investigation and enquiry ; and that I will then and there enter upon and thcrcaf lor, from day to day until the termination, continue to inquire into and investigate all matters of complaint coming 67 within the purview of my said Coin mission. And for the more convenient and orderl}' pursuing of the said investigation, I do hereby require that all the matters of complaint which I am so empowered to enquire into be pre- sented to me jn writing not later than Friday the twenty-sixth day of May instant, and that a copy thereof be filed in the office of the Honorable the Provincial Secretary at Fredericton not later than the same day, of which all persons are re([uircd to take due notice and govern themselves accord- ingly- l^ated at Fredericton this ninth day of May, A, D. 1H93. (Signed) JOHN JAMES i RASER, Judge of the Supreme Court. To the Honorable John James Frascr, Judge of the Siijjreme Court : Sir :- You having been commissioned by the Honorable Sir Samuel Leonard Tilley, 0. B., K. C. M. G., LL. D., Lieutenant Governor of the Province of New Brunswick, under the Great Seal and by virtue of the l)Owers and authorities vested in him under the Act of Assembly 49th Vic- toria Chapter 4, intituled 'An Act to authorize the Issue of Commissions under the Great Seal for certain purposes,' sole Commissioner to proceed to the Town of Bathurst, in the County of Gloucester, and there to inquire into and thoroughly investigate all complaints charging any infraction of the School Law and Regulations of the Board of Education by or on the part of the teachers or +: "stees, or of any or either of them, in District No. 2 in the Town of Bathurst, as well as in School District No. 16 in the Parish of Bathurst, in the said County of Gloucester, or complaining of the management of the schools, or any of them, in the said districts, or either of them, and also any and every matter of complaint touching the manage- ment of any school or schools in said County of Gloucester which may be laid before you, and to report under your hand all evidence that you may take or receive thereupon, together with a statement of the factfj which in your opinion shall be established by the evidence so taken ; And Your Honor having given notice that for the more convenient and orderly pursuing of the said investigation, that you require that all the uiatters of complaint which you are so empowered to inquire into be pre- sented to you in writing not later than- Friday the 26th day of May instant, and that a copy thereof be filed in the office of the Honorable the Provincial Secretary, at Fredericton, not later than the same day ; I therefore beg most respectfully to present to Your Honor the follow- ing matters of complaint in the premises : — 1. That the Reverend James Rogers, Roman Catholic Bishop of the diocese of Chatham in the Province of New Brunswick, with a view to 68 SI T' I the Parish of Bat^ak^S^^ 'f'^' '''''''^' ^«- ^^ - religious teachers of the Roman SnI ^'""T'""' '•"^''^'' '^' ^''"'^^l «f didenterintoanagreoLnUd 1, r^^^^^ "'T''' "''' "' ^^^•^'^^''^ ^^-rch. tain members of the ^,1 'I 1 T ':' '"' ""^'^■'^tan.ling with ce.- bringmen.bersofcm^ "Li:^ f ^'''' -'-<>' ^".stricts. to church to said Distnctriml"i;"rft'' "*" '"^^ »^-"^" ^'atholic view to having the hiXL ^ ^ t^'f ' '^"""'"^"'^' ■^^'-'-^'■^- -i^^ a Conventual schools, and pu'lft to : '^''""'^ ''^"'''^ within^such members of one or more oH^' I,, l" '^'T""'""'^ un.Iorstanding the one or more of said co.:v:::t::; i^^^ j:::;^::;^ ^;? '''\ r^^^^-^ in one of said districts ; t-Mdblislicd in .-aid districts, or the iLwS:t^z;?:r;:x''^^ '^ ''- '"-'' -^ ^""-^^- ^^ of the said religious toad^^^Q Lf^Xi'r""'.' "' "'V^^'^ '"^'"^'^^''^ school districts, and on their so JZZ t e "7 ^ r'"""" '" ^^''^ examined in the Roman Catholic C wr. r " '"''^'''^^ ^'^«.>' ^«''« the purpose of being du^ consctl s 1 " ^" ^r'"',^ ^' ^^'""•^■^^-•' ''- Act of this Province! an.l u , s .^ ^''"^ "'- ' ^'""'"^ were con.., to law lice. JH: :^. ^ -i'SinC f ^^ ^"^ the said^:? di^:: w -nLi:;::: :^\sr tr^^'^t ^'^'^^^^'^ '^^^ ^^ the following manner;- '"^'-'^^ '«'' ^^'th tho schools of said districts, in Bathurst, gave instruction LtwlSeild' ''^''""^ ^^'"'•^^' '" . ventual school and what child ,r h ..! . '? ' ""'"'^ ^'^^ "^'^^ ^^n- of the said school presided 1 a a'Z'r? ^ "^'^ *"'^^'^* «"^-'" teaching orders. ^"^^'^ ''^ ^'>" '"^''^''^^^ of said religi, -us (b) That during the school term endin..- December '^0f^, i«oo of said pnests ordered the mother of ono nh! , ' ^^^' *"°*^«r public schools of one of saic. ^Hst Ls to at " P?''\^"«"ding one of the from the said public school wh th vJa hoT r'"-'"' ''" '''' P"?'^' one of the said Conventual schools. '°"'^'"-' ""^^ '^''^ ^'^ to (c) That one of said priests instnir.f»,i 'in, i l-fer. i„ thepubHcschiol,i„,^ dT, ttl^^ °' "■= sa.d schools the Roman Cathoii. cajhta wh ch a 7, .° ''Tl' '" 69 trusteeH of said district, reciuesting said trustees to rent the Convent build- ing in said district for school purposes in the district aforesaid, and to employ the inenibei-s of the said religious teaching ord.r as teachers therein- ano in consequence thereof the said trustees did so engage and occupy a portion of the said Convent building for such school purposes, and di.l employ said members of said religious teaching or.ler as teachers therein. 4. That under and by reason of the influence of the Roman Catholic authorities of the Romau Catholic church in said school distriat, Roman Catholic holy days, not being school holidays, have been observed in the public schools in said districts as well as in said Conventual schools. 5. That a report prepared by Ceorgo W. Mersoreau, Es.]., School Inspec tor for said districts, with reference to certain of their statements of facts and forwarded to and received at the Office of the Board of Education at Frederic- ton, has not l)een laid before the Board of Education, 0. That the Board of Education of the Province of Now Brunswick has from time to time and persistently declined to take action on the memorials, communications and complaints addressed to it, in reference to the matters sot out in this statement, and particularly a memorial sent by the Protestant ratepayers and electors of said districts to the said Board of Education in the month of December, 1890, as to establishing said Conventual schools as public schools nnder said Act, and protesting against the same, and also a complaint sent by Protestant parents and K.^epayers to the said Board of Education at the beginning of the year 1893, with regard to the teacher placed in charge of the Grammar School in Bathurst at the beginning of this present year, in consequence of which declining to act by the said Board of Education ' thr trustees of school districts aforesaid were allowed to continue to act illegally. 7. That the grading of the schools in the said school district has not been conducted according to law. That the trustees of the said school districts, aided and influenced by the clergy of the Roroan Catholic church in said districts, have made an effort to compel Protestants in said school districts to eend their children to the said Conventual schools, and that the religious teach- ers of the Roman Catholic church in said school districts were by the said trus- tees placed in actual charge of certain departments ofthe public common schools in said school districts in the year 1891, all of which was brought about in consequence of the employment of the members of the said religious teaching orders of the Roman Catholic church by the trustees aforesaid, as hereinbe- fore set forth. 8. That by the action of the trustees of said school districts, as in this statement is set out, and by the neglect of the said Board of Education as also set forth in this statement, the etticiency of the school service in said school districts has been greatly lessened and interfered with in the following parti- ttmmm' 1:1 ■I I 70 tiicts. (a) Inferior and incompetei^t teachers have been employed in said dis- (b) That the Superior School in School District No. IG was in conHe- *o„M be c„„p„l|od ,„ .tlc.„a ,1,0 „M Go„vo„l„.l »d,„„ls of tt "Zu charif 'onf ," ^'""'°^- '""*'"■ "'" °" '"'•'"'" «""'■■ "'■ "'«"»» »■« placed in cha go of the p„m„ry . apartment of ll,e pablic .chool iu »aid District No 16 a hebeg,.m„gofll,ojMrl892.a„dtl.e Protoslaef children „ 1 com- ^'Xr^ '"'" ^"* """'°'- ^™"- '^-"^ - •"™^ *« ^^ Col ni„ •"! J*"!' '""!""■ """'""'O"' '» tte Protestant latepayers In said School D,sl,c No. 2 «a placed in charge of the Grammar School in th Le „b, fore last monfoned school district at the beginning of thepres'n ohod term Such teacher was not a Grammar School teacher, and had been prevtriv dT' ':if:!:tz! "-"^ °"'"'-"- '- «■= '°"«"" »' ^^rzt 9. That the course pursued by the said school trustees in so -stablishin.. said Conventual schools and in sustaining the same and in render! TmhlS common schools of said districts le'ss useful than they otherwise .^ u d ha- beeu have -neatly increased the cost of maintaining schools in said schoo! districts, to the great loss and injury of the ratepaye' in said s'hoordistrtt:! h«n«r'f?'V^' said Conventual schools were so established for the special benefit of the Roman Catholic church and with a view of fo.ward n! tl e intereo ts of such church and fcr the purpose of injuring the ProteZuuSul and .0 the injury of the Protestant ratepayers of said school districts who pay a large proportion of the school taxes assessed upon the said school districts 11. Toat Regulation No. 10 of the School Manual issued under and bv the authority of the said Board of Education in the year 1892 L When passing through the press illegally and improperly changed and alZd be cause the said trustees of the said school districts objected to comply wi' e erms of said Regulation as originally passed by said Board of Edu/p^ " ^d the reason of their so objecting was that the alteration and change woul,' • district^ "" *'"''''' '' '"* ^"'"'' '^'" '''"^'' "'" P'-«*^«t«"t« -n .:."• ^ schooi «.;^ ^^' ri'" "•.' ^""°^^ ^^ Gloucester, and in other school districts in sa d county, the sa.d trustees of said hereinbefore last mentioned districts have refused to employ Protestant teachers on account of their religious faith and ^^V> 71 because such teachers would not, from conscientious scruples, agree to teach the Roman Catholic Gatechism to the pupils of said schools. 13. That arrangements have been entered into between the Board of Education and the Trustees of School Districts Number 15 and 16 in said County of Gloucester, under which teachers have been employed with the dis- tinct understanding that they will impart religious instruction in the tenets of the Roman Catholic church to the pupils in the schools of the said school districts after the regular school hours and before the said pupils have departed to their several homes, thereby infringing upon and attempting to destroy the non-sectarian character of the schools in the said districts in the said County of Gloucester. 14. That in certain of the schools in the County : Jloucester the Roman Catholic catechism has been taught within school hours. That Roman Catholic prayers have been used within such hours in said schools. That Protestant children have been in the habit of kneeling in said schools within said school hours and crossing themselves along with the Roman Catholic pupils. ^ That in one or more instances Protestant chil(iif^.4iavft JLelWI^^d -by their teachers in said schools to so kneel and crosi^_,_.^^„. , That in one instance a Protestant pupil in otreor^^iAecijoolB* was' ordered by the teacher of such school to leave the same because he would not kneel in said school with the Roman Catholic pupils, and the said Protestant pupil did leave the school under and by reason of such order. 15. That generally t acts of the Legislature of the Province of New Brunswick regarding the common public schools have been violated and dis- regarded by the trustees of the schools in said districts in the County of Gloucester so as to bring such schools into harmony with, and make them subservient to the Roman Catholic church, and deprive such schools of their non-sectarian character, and to take away from Protestant pupils attending such schools the rightp and privileges guaranteed by law to such Protestant pupils. Dated the 18th day of May, 1893. I have the honor to be Your obedient ser-ant (Signed) A. F. THOMSON. (4) North Teteagouche, May 20th, 1893. To the Honorable John James Fraser, Jmlge of the Supreme Court, Sir: — WHERE.^S it has been asserted both in the press of the country and on the floors of the Local Legislature that the trustees of 72 School District No. 8 of the Parish of Bathm-st have been contravening the non-sectarian principle of the New Brunswick School Law, 1st., ir* that tht'.y have constrained their teacher t,o teach the Catholic catechisn; 0 c