Scottish Court of Session Decisions

The circumstances of this case are fully narrated in a former report, ante, p. 278. In accordance with the interlocutor of the Court of 5th February 1875, the pursuer put in the following Minute of Amendment:—

“6. The attendance at the said Side school at Ballandee has not been large at any time. The supply of schools in the district has been disproportionate to its wants, and even an equal distribution of pupils among these schools would have allowed only of a small attendance at each. The gradual decrease in the number of pupils at the said Side school has not been caused by the pursuer's inattention or neglect of duty, and he has constantly and regularly fulfilled the duties incumbent on him. Down to the year 1872 his school was regularly visited and inspected by a committee of the presbytery, and before the School Board came into existence no fault was ever imputed to him, and no complaint against him was ever made with regard to his discharge of duty as a teacher.

7. Various causes operated to the prejudice of the said Side school. One was, that the other schools in the parish were more conveniently placed in the centres of population. These are the hamlet of Harrietfield, about a mile to the west of Ballandee, where the pursuer's school was situated; and the hamlets of Chapelhill and Millhaugh, which are near one another, about a mile to the east of Ballandee. At Harrietfield there was a school in connection with the United Presbyterian Church, and at Millhaugh an adventure school. Excepting at these hamlets, the population of the parish was widely scattered over a large area, and very few resided at or near Ballandee.

8. Another cause was, that the population of the district has been generally on the decrease, and since 1858 has been diminished by about a third. This was owing to the removal of small dwellings formerly occupied by cottars, and also in a considerable measure to the stoppage of a woollen factory which was worked at Millhaugh until about the year 1867.

9. Other circumstances from which the said Side school at Ballandee suffered arose out of sectarian rivalry and animosity, and also out of the political feeling that ran high in the district in

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and subsequent to the year 1868. For example, the teacher of the United Presbyterian school received only a nominal salary, which was supplemented by his fees, and to keep up the supplement the Dissenters in the parish worked and canvassed on all hands in his favour, and in opposition to the pursuer. Again, during the year 1868–69, the minister of the quoad sacra charge of Logiealmond, with the view to counteract the influence of dissent, and compete with the United Presbyterian school at Harrietfield, opened a school at Chapelhill, which he taught himself without charge. The effect of this was that, while it drew a number of pupils away from the United Presbyterian school, it unfortunately inflicted serious injury on the said Side school at Ballandee. and rendered the working of it more and more difficult and precarious.”

The following Answers were lodged for the defenders:—

Art. 6. Denied. Explained, that Mr Robb's predecessor as teacher of the school had on an average from 70 to 80 scholars. Mr Robb, for the first year after his appointment, had about 70 or 80 scholars. For some time before his removal there were no scholars attending the school. The school accommodation in the district has not been disproportionate to its wants, the present teacher at Ballandee (Robb's immediate successor) having had in June last 69 scholars. The present scholars consist of the children of Established Church, Free Church, and United Presbyterian Church parents. The decrease in the number of pupils was caused by Mr Robb's inattention and neglect as a teacher. The pupils were withdrawn at great inconvenience to themselves and their parents. Admitted that a committee of Presbytery for some years attended the annual examination of Robb's school, but they discontinued their attendance.

Art. 7. Denied that the causes here stated operated to the prejudice of Robb's school. On the contrary, the school at Harrietfield being about a mile west from Ballandee, the children of parents living at or about Chapelhill and Millhaugh had to travel two miles twice a day to attend school at Harrietfield. Besides, the United Presbyterian congregation at Harrietfield being unable to pay an adequate salary, the teacher at that school was seldom a person of sufficient attainments. It had nine teachers within the eight years prior to 1873. The inspector's report is referred to as to the Harrietfield school. Ballandee school is conveniently and centrally situated for the people in the district, and the present teacher at Ballandee has experienced no difficulty in acquiring and maintaining an adequate number of scholars. The school at Millhaugh was a female school (taught by a female, and principally a sewing school for girls), and was only in existence for a short time.

Art. 8. Admitted that some small holdings were converted into larger ones, and may have caused a small decrease in the population. Denied that the decrease was considerable, or had any appreciable effect on the attendance at Robb's school. Previous to the stoppage of the wool mill in 1867, the attendance at Robb's school had greatly diminished.

Art. 9. Denied that Robb's school suffered from sectarian rivalry and animosity, or political feeling, in the district at any period. His predecessor's scholars were composed of children of the three religious bodies in the district, and the present teacher finds that his pupils are in the same way drawn from these three bodies. The teacher at Harrietfield school was frequently or generally a member of the Established Church, and the school was attended by many children whose parents belonged to that body. The Chapelhill school was opened and taught by the minister, because Robb's scholars having been withdrawn, the means of education in the parish were greatly reduced. It was discontinued after a few months, from want of suitable accommodation. Quoad ultra denied.”

The pursuer asked for a proof of his averments, and the Court on 20th March pronounced the following interlocutor:—“The Lords having heard counsel on the reclaiming note for Alexander Robb against Lord Young's interlocutor of 18th November 1874, before further answer, remit to the School Board of Logiealmond to reconsider their resolution of 29th October 1873 refusing the pursuer a retiring allowance, and, if they adhere thereto, to specify in their resolution the ground of such refusal.”

In compliance with this interlocutor, the School Board held a meeting, at which the following resolution was passed:—“The meeting then, after full consideration of these papers and of the whole matter, unanimously resolved to adhere to the resolution contained in their former minute of 29th October 1873, to refuse Robb a retiring allowance; and in obedience to the deliverance by the Court, the meeting specified, and hereby specify, the pursuer Robb's inefficiency as the ground of their refusal, that inefficiency being occasioned by his extreme indolence, culpable neglect of his duties as a teacher, and general misconduct, as proved by the complete absence of scholars, and substantiated by the evidence of the inhabitants of the district.”

At advising—