THE WEST RIDING JUDGMENT.
[To THE EDITOR OF TEl "SPECTATOR1 Sia,—May I call the attention of your readers to one aspect of the West Riding judgment which has been overlooked in all the comments that I have read on the question P The judgment justifies County Councils in refusing to pay the teachers for the proportion of school-time appropriated to religious instruction. The special case happened to be that of denominational religious instruction; but the ratio decidendi of the judgment is equally applicable to so-called undeaomi- national religious instruction. The majority of the Court held that the Acts of 1902 and 1870 must be read together, and concluded that "thus it appears that religious instruction, so far from being a condition of efficiency for a Parliamentary grant, was expressly excluded from being the subject cf such a grant The words therefore,' maintain and keep efficient,' in their original place in this legislation, did not embrace religious instruction, and, being chosen in the latter Act [of 1902] to define the obligation of the new authority, ought, it seems to me, to be construed in the same sense, unless there is something in the latter Act to negative it. But nothing was pointed out to us that, in my judgment, sufficed to found any such inference." So says the Master of the Rolls, and Lord Justice Farwell agreed with him. " I think it is plain," says the latter, "that the words, 'for those purposes of a pnblib elementary school for which provision is to be made by' the local education authority are equivalent to' secular purposes.' " We are therefore landed in this position. The local education authority are not empowered to pay for any religious instruc- tion, and the ratepayers are entitled by law to deduct from the rate the amount charged for religious instruction, whether denominational or undenominational.—I am, Sir, &a.,
listcout lacCou.
The Residence, Ripon.
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