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Critiques and Addresses by Thomas Henry Huxley
page 46 of 350 (13%)
nature of the relations which are to exist between the "Education
Department" (an euphemism for the future Minister of Education)
and the School Boards. It is the sixteenth clause which is the most
important, and, in some respects, the most remarkable of all. It runs
thus:--

"If the School Board do, or permit, any act in contravention
of, or fail to comply with, the regulations, according to
which a school provided by them is required by this Act to
be conducted, the Education Department may declare the School
Board to be, and such Board shall accordingly be deemed to be,
a Board in default, and the Education Department may proceed
accordingly; and every act, or omission, of any member of
the School Board, or manager appointed by them, or any
person under the control of the Board, shall be deemed to be
_permitted_ by the Board, unless the contrary be proved.

"If any dispute arises as to whether the School Board have
done, or permitted, any act in contravention of, or have
failed to comply with, the said regulations, _the matter
shall be referred to the Education Department, whose decision
thereon shall be final_."

It will be observed that this clause gives the Minister of Education
absolute power over the doings of the School Boards. He is not
only the administrator of the Act, but he is its interpreter. I
had imagined that on the occurrence of a dispute, not as regards a
question of pure administration, but as to the meaning of a clause of
the Act, a case might be taken and referred to a court of justice. But
I am led to believe that the Legislature has, in the present instance,
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