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SCHOOL CHANGE CALLED FAULTY Hepburn Had No Mandate for Tax Switch, Says Henry COURTS SAID PUZZLED Premier Hepburn made a sur-- prise move in the Legislature yes-- terday when, after Opposition Lead-- er Henry had moved second read-- ing of a bill to repeal the school tax legislation of 19353, he «the Prime Minister) adjourned the de-- bate until today. Mr. Hepburn was ready to attow other Opposition speakers to fotlow Mr. Henry, but Leopold Macaulay, former Minister of Highways, said: "Nothing doing, we'll hear what you have to say fiest." > _ The Opposition Leader based hnis argument for repeal on the ground= that Mr., Hepburn had nad no man-- date from the people to effect any changes; that the legislation he had brought in was so faulty in construction that courts and every one else had difficuity in interpret-- ing it; that it went far neyond the principle of option afforded to the separate schools years ago and ac-- cepted as final; and the public gen-- erally, did not approve of it.. C "It was quite apparent, in the only instance electors have had to pass on the legislation (East Hast: ings by--election)»" said Mr. Henry, "what Ontario thinks of it. The sooner the whole of the Province bas a chance to pass on it the better for all concerned." It had been brought down in the Legislature in the "dving hours" of the 1935 session, said Mr. Henry, without much prior consideration having been given to it by the Gov-- ernment. The result had been that the courts found themselves in con-- flict as io what it actuaily meant and so muckh doubt had been raiseqa about it that the Government had formdden officials of either the edu-- vation or assessment departments to interpret it to municipal authori-- ties. Condemning -- Attorney -- weneral Roehtek's altitude of a year ago that those hostile to the bill would "ncgiect" the education of the mi-- nority -- group, Mr. Henry empha-- sized the point that Ontario pos-- sessed a great national school sys-- tem, operated under the Depart-- ment of Education and to which every child of a certain age, whether Protestant or Catholic, hat accoess without any cost to his par-- ents. 'The separate schools sys-- tem, he submitted. was only an op--: tion, and need not be exercised at all. Interrogated by Mr. Hepburn| as to whether he favored abolition | of the separate schools, Mr. Henry said he favored no repeal of any _ 'The Opposition Leader stated he : \knew of a good many Roman| \ Catholics who were fearful 0t | | Mr. Hepburn's changes -- fear--| !lul that it would make it pos-- [sible to set up separate schools Roobuck Condemned. "pact" by legislation, but he be-- lieved the "desired end to all these discussions" could be obtained if Roman Catholies agreed among themselves to support the national school, "A large number of sep-- arate school supporters have told me they are glad to send their chil-- dren to public schools--" he was saying when he was interrupted with cries of "blah'" from several Liberal members. "I say," Mr. Henry continued, "if separate school supporters would sooner sent their children to public schools it is their right to do so But as long as they care to exercise their option, 1 am not arguing that what is a pact with them should be broken by any legislation." _ | | OL | ear-- | pos-- | ools l There were corporations then as there are now, if not in as large lnumbers. The facts of the matter, said Mr. Henry, were that the establishment of separate schools in Ontario and Quebec was "part of ' the price of Confederation." where none now exist. "They are afraid of it," he said, "because it might interfere with their sending of their children to public schools." The agreement of 1863, subse-- quently confirmed by the Act of Confederation, said Mr. Henry, in a brief review of the question, had been looked upon as "a finality," by Dr. Ryerson, the great mind behind the educational system of Ontario. Even the Bishops of the Roman Catholie Church had viewed it in that light. "Why," he asked, "should their successor come into the picture today saying it should be changed?" "'There is no use denying that," he said. '"We all know it. Sep-- arate schools would never have been consented to in this Province i# it had not been for that rea-- son." Protestants today, said he, were not asking for any abolition of separate schools. They realized that they were part of a contract, and desired to live up to it, pro-- vided no additions were made to it from time to time. M&vclr\ 1 pR ChabeAM NEetInrEG TO FORECAST HIS VOTE "Tell You Tomorrow," Minis ter Replies to Macaulay Asked from the floor of the Legis-- lature last ni@cht if he intended to supnort the Opposition bill to re-- neal the separate school legislation Hon. Dr. L. J. Simn«on, Minister of Educetion, declined to herald his in-- tended vote. *"*Mavbe vou'll know after you've read The Globe and Mail editorial," sald Mr. Macaulay. Leonold Macaulay (Cons., York South) put the question to Dr Simpson during consideration of the Education Desvartment's estimates. "He doesn't know yet," observed Opnosition Leader George Henry. Hon. Harry Nixon, Provincial Sec-- retary, intervened with a question as to what this had to do with the estimates. The incident was closed shortly after. "My honorable friend is not going to put me in the position ot answer-- ing a question I don't wish to answer," declared Dr. Simpson. "TI'll tell you tomorrew,." replied Dr. Simpson.