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

The Privy Council Reverscs tho Dc
cision OF the Canadian Supreme
Court in the School Question Liti-
gation--May Cause q Dissolution
of tho Dominion Governments.
, Ottawa. Ont. Jan. 30..-The Judgment
] given by the judicial committee of the
privy council in favor of the appellants
in the Manitoba school case against
a 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
itoba provincial legislation. as q COM
mittee In the previous decision had
| decided that the Martin act was con-
| stitutional. 1t Is now likely that the
| Dominion government will at once de-
| eide upon either a session or dissolu-
ton. The probability now Is that
there will be general election. 1t is
| hinted 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 tbis
| offer will take Is not stated but it will
| likely be in 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 educa lion is wholly within the
rights of the province. Nearly all of
| 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 Thompson's action in re-
| ferring the question to the courts we
would not have had to decide the
| 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. 1
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
| present in Toronto, said: "The decision
was not unexpected. Our counsel ad-
vised US that the remarks of their
lordshlp during the argument indica-
ted that the repeal would be allowed.
rke decision does not affect us in tle
least. There is no way by which the
Dominion governmel can compel the
public support of st parate 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
XlAnse of the country at large.
The people OF Manitoba knew what
kind OF school system they wanted
and any attemp> on behalf OF tho
| Dominion to over-rule their wishes
would be so much more time thrown
! away"
Hon. Clifford Sifton, encouragement
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 rain-
tain 1t. In some quarters there !s 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
different from the Protestants. At the
time we abolished state separate
schools, there were about so in exist
ence 30 of these have already become
common schools. Nearly all would
have come in by this time had II not
been for this contest. They are being
kept out by being told that their own
school system will again be recoS-
nized. II never will. The great MD
jority OF Roman Catholics prefer our
common schools because they are bet-
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 law
| providing for Protestant and Catholic
schools. In 1890 the government under
the Greenaway administration. passed
| 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
court was upset by the imperial prlvy
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 ap-
pealed to the prvy council. whose
judgment. just rendered. permits the
case to be reopened.
To RrstOrp ,Jud o. TiOuo,, Pension