Frederick citizen., 1895-02-01
The APPEAL allowed
Decision in Favor of the
Manitoba Catholics.

Tho Privy Council Reverscs the Dc
cisiOn OF the Canadian Supreme
Court in the School Question Lite
Eation--May Cause Q Dissolution
of tho Dominion Governments.
Ottawa, Ont. Jan. 3O..-The Judgment
given by the judicial committee of the
privy council in favor OF the appellants
In the Manitoba school case against
q decision of the supreme court of
Canada which gives Roman Catholics
in Manitoba the right to apply to the
Dominion government for remedial
| legislation. does not in any way inter-
fere with the constitutionality Of Man
| hoba provincial legislation. as q COM
mittee In the previous decision had
| decided that the Martin act was con-
stitutional II Is now likely that the
| Dominion government will at once de-
eide upon either a session or dissolu-
ton. The proba bIlity now Is that
there will be general election 1t is
hfnted that the government will make
an offer of some kind to Roman Cath
olics in regard to schools and this
will aid them in carrying the cleo
| ton.
| 1t is said that Premier Bowel could
by this means secure support OF the
Roman Catholics and at the same
time retain the support of Orangemen
and ultra Protestants. What form this
offer will take is not stated but it will
| likely be in a way of setting apart
g. portion OF the school funds in the
| province OF Manitoba for separate
| school purposes. But there would he
| difficulty about this because these
| lands are only held by the Dominion
| in trust for the province, the federal
| power having nothing to do with the
| expenditures of revenue. as the matter
of education is wholly within the
rights of the province. Nearly all of
I the cabinet ministers are out of the
city attending political meetings in
western Ontario. Sir Charles Tupper,
minister of justice, was the only one
who could be seen regarding the deci-
sion. He said: 1--WE have not avoided
| the Manitoba school question. We
! have courted it. If it had not been
for Sir John Thompsons action in re-
| ferring the question to the courts We
|
| question as we now have.
I'VE asked the courts before doing
anything if we had power to interfere
and we have received our answer.
decline to discuss it further, for 1t
would not do to say. for instance, that
we did not like their decision"
!, Hon. D. II. Mcmillan. provincial
treasurer for Manitoba, who Is at
| L. f-s.
was not unexpected. Our counsel ad-
vised us that the remarks of their
lordship during the argument indica-
ted that the repeal would be allowed.
The decision does not affect us in tle
least. There is no way by which the
Dominion governmert can compel the
| public support of separate schools in
Manitoba unless they sell the school
lands they own up there and give the
revenue for that purpose. then sepd-
rate schools would be kept up at the
eslAn of the country at large.
''The people of Manitoba knew what
kind Of a school system they wanted
and any attemp. on behalf of the
Dominion to over-rule their wishes
would be so much more time thrown
away"
for Manitoba, who is also here said:
'"The decision makes no difference to
US. we have established a common
school system for all and will main
tain it. In some quarters there IS an
idea abroad that the Roman Catholics
of Manitoba are being unfairly treated.
That Is great mistake. We are treat
ing them no worse. no better, and no
| 4; a,f1 A HI,
time we abolished state separate
schools, there were about 50 in exist
ence, 80 of these have already become
common schools. Nearly all would
have come in by this time had 1t not
been for this contest. They are being
kept ont by being told that their own
school system will again be recoS-
nized 1t never will. The great MD
jorty of Roman Catholics prefer our
common schools because they are bst-
ter than their own and they know
it."
The pending school question has
involved long litigation and fostered
much religious animosity. The first
legislature of Manitoba passed a law
providing for Protestant and Catholic
schools. In 1890 the government under
law requiring the application of all
school taxes to the support Of a COM
mon school system.
The Roman Catholics refused to pay
the tax and sought to test the con-
stitutionality of the act in the courts
The courts decided against them, and
the supreme court reversed the deci-
sion. The decision OF the supreme
| cOIrt was npSat hv iropa ri r,r-iVv
council. which upheld the provincial
government. This virtually wiped out
parochial schools in Manitoba. The
Catholics petitloned for remedial legls-
lation, but the government refused to
consider the petition. They then 9p-
pealed to the privy council, whose
judgment. just rendered, permits the
case to be reopened.