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r  Educational  Problem 


e    Jewish    Population 

ANDTHE 

Protestant   Schools 


ELSON    I.    REXFORD,    MA,  LLD. 


LA 

419 
M6R4 
19OOz 
c.  1 
ROBA 


F    PUBLISHING     COMPANY 
cGILL    COLLEGE    AVENUE 
MONTREAL 


Our  Educational  Problem 


The    Jewish    Population 

AND  THE 

Protestant   Schools 


ELSON    I.    REXFORD,    M.A.,  LL.D. 


\ 


RENOUF    PUBLISHING     COMPANY 

25    McGILL    COLLEGE    AVENUE 
MONTREAL 


THE  JEWISH   POPULATION 

and  the 
PROTESTANT  SCHOOLS 


*  HISTORICAL  OUTLINE 

The  rapid  increase  of  the  Hebrew  population  in  our 
City  and  Province  is  one  of  the  most  interesting  fea- 
tures of  o\\r  history  during  the  past  twenty-five  years. 

While  this  feature  of  our  development  has  had  a  most 
important  effect  upon  the  social  and  financial  conditions 
of  our  community  life,  the  greatest  disturbance  is  felt 
in  our  educational  system,  which  was  originally  organ- 
ized exclusively  for  the  Roman  Catholic  and  Protestant 
elements  of  the  community. 

The  historical  bearings  of  this  question  carry  us  back 
for  more  than  half  a  century,  and  in  order  to  get  a  clear 
understanding  of  the  present  situation  it  is  necessary  to 
note  the  main  features  of  the  development  of  our  educa- 
tional system  during  the  19th  century. 

During  the  first  quarter  of  the  past  century,  two  out- 
standing efforts  were  made  by  the  English  Protestant 
ruling  minority  of  the  Province  to  provide  schools  for 
the  rural  districts  which  were  largely  French  and  Roman 
Catholic.  An  act  was  passed  in  1&01  providing  for  the 
appointment  of  a  permanent  committee  on  education 
under  the  name  of  "The  Royal  Institution."  This  com- 
mittee was  empowered  to  establish  and  manage  one 
free  school  in  each  parish  or  township.  The  masters 
were  appointed  and  paid  by  the  Government.  As  the 
members  of  the  Royal  Institution  were  largely  English 
and  Protestant,  it  made  little  progress  in  establishing 
schools  in  the  French  parishes.  In  the  English  sections 
of  the  Province ,  however,  these  schools  were  more 
successful,  but  they  passed  under  the  control  of  the 

*A  Paper  read  before  the  K.  A.  club  of  Montreal  and 
printed  by  request. 


OUR  EDUCATIONAL  PROBLEM 

common  school  system  as  soon  as  it  was  established 
and  the  work  of  the  Royal  Institution  is  now  confined 
to  the  management  of  McGill  University. 

The  second  important  step  in  educational  matters  was 
taken  in  1824,  when  the  Fabrique  act  was  passed  author- 
izing each  Roman  Catholic  parish  to  devote  one  quarter 
of  its  annual  Church  revenue  to  the  support  of  a  school 
for  the  parish.  Under  these  two  acts  temporary  pro- 
vision was  made  for  elementary  education  in  a  larsfe 
number  of  the  English  and  French  sections  of  the  Prov- 
ince during  the  first  quarter  of  the  past  century. 

The  first  public  elementary  school  act  for  the  Prov- 
ince was  passed  in  the  year  1829.  This  act  provided 
that  five  trustees,  elected  in  each  parish  or  township, 
should  have  the  management  of  schools  in  that  district. 
The  act  provided  for  a  limited  number  of  schools  and  a 
grant  of  £20  was  paid  -by  the  Government  to  each 
teacher  on  condition  that  the  school  was  in  operation 
at  least  90  days,  and  had  an  average  attendance  of  20 
pupils.  These  schools  were  for  the  rural  districts,  they 
were  voluntary,  free,  and  without  taxation. 

Although  the  schools  established  under  this  act  took 
their  colour  as  to  language  and  religious  teaching,  from 
the  communities  which  maintained  them,  they  were 
common  schools,  recognising  no  religious  distinction  in 
the  community.  As  these  schools  were  supported  by 
the  Government  and  the  grants  were  paid  through  the 
local  member  of  the  Legislature,  the  people  in  the 
French  districts  of  the  Province  regarded  this  system 
as  a  political  propaganda  for  the  destruction  of  their 
language  and  religion.  The  schools,  therefore,  under 
this  act  met  with  only  a  moderate  measure  of  success. 
About  1300  schools,  however,  were  established  under 
the  provision  of  this  act  with  an  attendance  of  about 
36,000  pupils. 

Various  amendments  defining  and  elaborating  the 
provisions  of  this  act  were  provided  by  the  Legislature 
during  the  next  few  years,  but  the  absolute  control  of 
these  schools,  which  was  given  to  the  local  members  of 
the  legislature  under  this  act,  led  finally  to  the  rejection 
was  again  left  without  any  school  system  apart  from 

8  . 


OUR  EDUCATIONAL  PROBLEM 

of  the  whole  system  in  1836,  when  the  whole  country 
the  Fabrique  schools  and  those  under  the  Royal  Institu- 
tion. 

After  the  revolution  of  1837  and  the  union  of  the 
Provinces  of  Upper  and  Lower  Canada  under  one  legis- 
lature in  1841,  a  new  educational  act  was  passed  which 
apolied  to  both  Provinces.  The  administration  of  this 
act  was  under  the  direction  of  a  General  Superintendent 
with  two  Provincial  Superintendents,  one  for  Upper 
Canada  and  one  for  Lower  Canada. 

Among  the  important  provisions  of  this  act  of  1841, 
we  may  note  that  it  provided  a  system  of  common 
schools  and  established  a  common  school  fund  from 
which  grants  were  to  be  made  for  their  support.  It  also 
provided  that  the  religion's  minority  in  any  community 
might  dissent,  and  establish  schools  of  their  own.  Five 
school  commissioners,  elected  by  the  people,  undertook 
the  management  of  the  schools,  examined  teachers  and 
determined  the  course  of  study  and  the  text  books,  but 
the  new  and  important  feature  of  this  act  was  the 
establishment  of  the  right  of  taxation  for  the  support 
of  schools.  This  right  of  taxation,  however,  was  not 
entrusted  to  the  five  school  commissioners  elected  by 
the  people,  but  to  the  Municipal  Council  in  each  district, 
the  members  of  which  were  appointed  directly  by  the 
Government.  This  clause  of  the  Act  was  stoutly 
resisted  by  the  rate-payers,  who  protested  against  the 
right  of  direct  taxation  beinp-  given  into  the  hands  of  a 
body  over  whom  they  had  no  control.  This  clause  of 
the  Act  aroused  such  opposition  that  amendments  were 
introduced  in  1846  and  1849  placing  the  power  of  taxa- 
tion in  the  hands  of  the  school  commissioners  elected 
by  the  rate-payers.  This  act  of  1846,  with  amendments, 
contained  the  essential  features  of  the  acts  under  which 
our  Provincial  school  system  is  operated  today. 

The  Government  grant  amounted  to  about  $116,000., 
and  was  divided  between  250  school  municipalities  in 
proportion  to  their  population.  Each  school  board  was 
required  to  raise  by  taxation  for  the  support  of  its 
schools  a  sum  at  least  equal  to  the  Government  errant. 
This  act  of  1846  made  special  provision  for  the  cities  of 
Montreal  and  Quebec.  Two  separate  school  corpora- 
tions, one  consisting  of  six  Roman  Catholic  members 


OUR  EDUCATIONAL  PROBLEM 

and  one  consisting  of  six  Protestant  members,  all  ap- 
pointed by  the  City  Council,  were  provided  for  the 
administration  and  management  of  two  separate  school 
systems  for  these  two  cities.  There  was  no  school  tax 
imposed  in  these  cities,  but  the  City  Treasurer  was 
required  to  pay  over  out  of  the  ordinary  revenues  of 
the  city  to  these  school  boards,  an  amount  equal  to  the 
Government  grant,  this  amount  to  be  divided  between 
the  school  boards  in  proportion  to  the  population  which 
they  represented.  Unfortunately  the  City  of  Montreal 
received  only  a  small  portion  of  the  Government  grant 
to  which  it  was  entitled  by  population,  because  it  was 
thought  capable  of  supporting  its  own  schools,  and  there- 
fore the  amount  paid  over  to  these  school  boards  by  the 
city  council  was  utterly  inadequate  to  meet  the  educa- 
tional needs  of  the  City. 

From  1846  to  1860  the  school  system  of  the  Province 
was  administered  by  a  Superintendent  of  Education 
who  promoted  the  organization  of  school  municipalities 
and  the  establishment  of  schools,  and  distributed  the 
grants  provided  by  the  Legislature.  During  this  period 
24  school  inspectors  were  appointed  one  for  each 
section  of  the  Province,  Roman  Catholic  Inspectors  for 
the  Roman  Catholic  sections  and  Protestant  Inspectors 
for  the  Protestant  sections.  In  the  city  of  Montreal 
one  Inspector  was  appointed  for  the  schools  under  the 
Roman  Catholic  board  and  a  second  inspector  for  the 
schools  under  the  Protestant  board. 

It  was  also  arranged  at  this  time  that  the  amount 
voted  by  the  Legislature  for  the  encouragement  of  in- 
stitutions of  Superior  Education  should  first  be  divided 
into  two  funds,  in  proportion  to  the  Roman  Catholic 
and  Protestant  population  of  the  Province  and  then 
these  amounts  should  be  distributed  amongst  the  in- 
stitutions according  to  their  needs,  efficiency,  etc. 

In  1857  three  Normal  schools  were  established,  two 
Roman  Catholic,  one  in  Quebec  and  one  in  Montreal,  and 
one  Protestant  Normal  school  in  affiliation  with  McGill 
University.  Boards  of  examiners  were  also  established 
for  conducting  examinations  and  issuing  certificates  to 
teachers.  Two  boards  of  examiners,  one  Roman  O- 
tholic  and  one  Protestant,  were  provided  for  Montreal, 
and  the  board  of  examiners  provided  for  other  districts 

10 


OUR  EDUCATIONAL  PROBLEM 

of  the  province  could  be  organized  in  two  sections  as 
circumstances  required.  In  1860  a  Council  of  Public  In- 
struction was  provided  consisting  of  fifteen  members, 
eieven  Roman  Catholics  and  four  Protestants,  with 
power  to  co-operate  with  the  Superintendent  of  Educa- 
tion in  framing  regulations,  etc. 

No  separate  school  tax  was  yet  provided  for  the  city 
of  Montreal,  but  the  city  treasurer  was  bound  to  pay 
over  to  the  school  boards  annually,  twice  a.s  much  as  the 
Government  grant  received  by  these  Boards  for  the  pur- 
poses of  elementary  education. 

Among  the  discussions  leading  up  to  the  Confedera- 
tion of  the  Provinces  in  1867,  the  question  of  safe- 
guarding the  educational  privileges  of  minorities  occu- 
pied a  very  prominent  place. 

Sir  A.  T.  Gait,  the  member  for  Sherbrooke,  took  a 
very  prominent  part  in  regulating  the  educational 
questions  in  connection  with  the  Confederation  of  the 
Provinces,  and  eventually  resigned  his  position  as  a 
member  of  the  Government  as  a  protest  against  what 
he  considered  to  be  unfair  treatment  of  the  religious 
minority  in  the  Province  of  Quebec. 

Section  93,  of  the  British  North  American  Act  passed 
by  the  Parliament  of  the  United  Kingdom,  and  which 
became  effective  on  July  1st,  1867,  placed  the  subject  of 
education  wholly  tender  the  jurisdiction  of  the  several 
provincial  legislatures,  subject,  however,  to  limitations 
expressed  in  4  provisions  of  that  section.  The  first  of 
these  provisions  limited  the  powers  of  the  Provincial 
Legislatures  as  follows : — "Nothing  in  any  such  law 
shall  prejudicially  affect  any  right  or  privilege  with 
respect  to  denominational  schools  which  any  class  of 
persons  have  by  law  in  the  Province  at  the  Union." 

The  writer  has  enumerated  in  some  detail  the  rights 
and  privileges  under  which  the  Protestant  schools  of 
the  Province  were  functioning  during  the  years  preced- 
ing Confederation,  in  order  to  bring  out  quite  clearly 
the  rights  and  privileges  with  respect  to  denominational 
schools  which  the  Protestant  minority  enjoyed  by  law 
in  this  Province  at  the  time  of  the  Union,  and  which 
were  specially  safe-guarded  from  interference  by  the 
Provincial  Legislature  after  the  coming  into  force  of 
the  Confederation  Act. 

11 


OUR  EDUCATIONAL  PROBLEM 

In  1869  the  Provincial  Legislature  took  up  seriously 
the  whole  question  of  Provincial  education  and  passed 
an  act  which  greatly  improved  the  educational  status 
of  the  Province.  Among  its  various  provisions  the 
following  are  important  for  our  present  discussion : — 
It  was  provided  that  the  Council  of  Public  Instruction 
should  consist  of  24  members,  16  of  whom  should  be 
Roman  Catholics  and  8  should  be  Protestants,  and  this 
Council  was  to  function  in  two  committees,  one 
charged  with  the  dnty  of  looking  after  the  interests  of 
Roman  Catholic  schools,  the  other  the  interests  of  Pro- 
testant schools.  This  act  also  provided  that  the  boards 
of  school  commissioners  for  the  city  of  Montreal  should 
consist  of  six  members,  three  of  whom  should  be  ap- 
pointed by  the  Government  and  three  by  the  City 
Council. 

The  Act  also  provided  that  a  school  tax,  equal  to 
three  times  the  share  of  the  common  school  fund  allot- 
ted to  the  City  of  Montreal,  should  be  levied  annually 
by  an  assessment  on  real  estate  in  the  City,  and  should 
be  known  as  the  "City  School  Tax."  For  this  purpose 
it  was  ordered  that  the  assessment  roll  of  the  City 
should  be  divided  into  four  distinct  panels,  first,  Roman 
Catholic ;  second,  Protestant ;  third,  Corporations,  In- 
corporated Companies,  non-Roman  Catholic,  non-Pro- 
testant, etc.,  and  fourth,  real  estate  exempt  from  taxa- 
tion. This  is  the  first  point  in  our  educational  history 
where  the  neutral  panel  appears,  and  in  this  first  neutral 
panel,  or  No.  3,  all  non-Roman  Catholic,  non-Protes- 
tant rate-payers  and  all  rate-payers  whose  religious 
faith  is  unknown,  and  all  real  estate  belonging  partly 
to  Roman  Catholics  and  partly  to  Protestants,  and  all 
rate-payers  who  have  declared  in  writing  their  desire 
to  have  their  property  inscribed  on  this  said  panel,  and 
all  firms  and  commercial  partners  who  have  not  ex- 
pressed a  desire  to  be  placed  on  the  first  or  second  panel, 
were  included. 

This  is  the  first  legislation  providing  for  Hebrew 
rate-payers  in  the  municipality  of  the  city  of  Montreal, 
and  by  this  legislation  the  Hebrew  rate-payers  were 
included  in  the  Third  or  Neutral  Panel. 

In  the  following  year,  1870,  further  amendments  to 
the  Education  Act  were  provided  in  which  the  City 

12 


OUR  EDUCATIONAL  PROBLEM 

school  tax  for  the  City  of  Montreal  was  fixed  at  one 
fifth  of  a  cent  in  the  Dollar,  and  the  following  clause 
was  inserted  concerning  Jewish  rate-payers : — "Not- 
withstanding anything  to  the  contrary  contained  in 
section  29  of  the  Act  32nd  Victoria,  chapter  16,  any 
person  belonging  to  the  Jewish  persuasion  and  owning 
real  estate  in  either  of  the  cities  of  Quebec  or  Montreal, 
shall  be  entitled,  upon  his  delivering  to  the  City  Trea- 
surer a  request  in  writing,  to  that  effect,  to  have  his 
real  property  inscribed,  at  his  option,  upon  either  of  the 
panels,  No.  1  or  No.  2  mentioned  in  the  said  section. " 
This  is  the  only  legislation  concerning  educational 
matters  directly  affecting  the  Hebrew  rate-payers  in 
the  City  of  Montreal  during  the  next  thirty-three  years. 

It  would  appear  from  the  provisions  of  this  section 
that  a  Hebrew  rate-payer  would  remain  in  the  third  or 
neutral  panel  so  far  as  the  city  school  tax  is  concerned 
unless  he  gave  notice  in  writing  that  he  desired  to  be 
included  in  one  of  the  other  two  panels,  No.  1  or  No.  2. 

The  practical  working  out  of  this  provision  of  the 
school  law  presents  some  interesting  features.  Wealthy 
Jewish  rate-payers  found  it  possible  to  arrange  with 
the  Roman  Catholic  school  board  to  collect  the  school 
taxes  from  the  Jewish  rate-payers  and  after  deducting 
a  commission  for  their  trouble  to  pay  over  the  whole  of 
these  taxes  to  the  authorities  of  one  of  the  Synagogues 
of  the  City  for  the  purpose  of  maintaining  a  school  for 
the  instruction  of  the  Jewish  children  in  their  religious 
faith.  In  the  mean  time  the  general  Jewish  population 
preferred  the  course  of  instruction  given  in  the  Protes- 
tant schools  and  accordingly  sent  their  children  to  fie 
Protestant  schools  for  their  education.  In  course  of 
time  these  facts  came'  under  the  notice  of  the  Protes- 
tant Board  of  School  Commissioners  who  took  exception 
to  a  scheme  by  which  they  were  to  provide  the  cost  of 
educating  the  children  of  Jewish  parents  while  the 
school  taxes  of  Jewish  proprietors  were  being  paid  into 
the  Roman  Catholic  board.  The  result  of  this  agitation 
was  to  secure  to  the  Protestant  Board  of  School  Com- 
missioners the  school  taxes  of  the  Hebrew  rate-payers 
of  the  City. 

13 


OUR  EDUCATIONAL  PROBLEM 

The  Protestant  Committee 

While  these  matters  were  under  discussion  in  Mon- 
treal, new  developments  were  taking  place  in  the  educa- 
tion department  at  Quebec.  In  18/6  a  new  Education 
Act  was  adopted  by  the  Legislature,  giving  increased 
powers  to  the  Protestant  Committee,  and  in  1882  a 
change  took  place  in  the  staff  of  the  Education  Depart- 
ment which  facilitated  the  development  of  the  system 
of  Protestant  education  wider  the  Protestant  Com- 
mittee. 

One  of  the  questions  that  engaged  the  attention  of 
the  Protestant  Committee  was  the  method  of  division 
of  education  grants  between  the  Roman  Catholic  and 
Protestant  institutions  of  the  Province.  According  to  the 
Act  of  1869  the  Government  grant  for  superior  education 
was  divided  into  two  sections,  in  proportion  to  the 
Roman  Catholic  and  Protestant  population  of  the  Pro- 
vince, before  the  grants  were  distributed  to  the  several 
institutions.  In  working  out  this  division  the  Roman 
Catholics  held  that  the  grant  should  first  be  arranged 
in  three  amounts  in  proportion  to  the  Roman  Catholic 
population,  the  Protestant  population  and  the  non- 
Roman  and  non-Protestant  group,  and  then  the 
amount  allotted  to  the  non-Roman  and  non-Protestant 
group  should  be  divided  between  the  Roman  Catholic 
group  and  the  Protestant  group  according  to  population. 
The  Protestants  took  the  ground  that  as  the  children  of 
the  non-Roman  and  non-Protestant  population  looked 
to  the  Protestant  schools  for  their  education,  this  neutral 
group  should  be  classed  with  the  Protestants  for  the 
purpose  of  division  of  Government  grants. 

This  discussion  reached  an  acute  stage  in  1888  when 
a  special  meetin^  of  the  whole  Council  of  Public  In- 
struction was  called  together  to  consider  three  groups 
of  suggested  amendments  to  the  school  law ;  one  group, 
proposed  by  the  Roman  Catholic  Committee,  one  group 
by  the  Protestant  Committee  and  one  group  proposed  by 
the  Superintendent  of  Public  Instruction.  This  meet- 
ing of  the  Council  was  held  on  the  18th  of  April,  1888. 
and  among  the  amendments  proposed  by  the  Protestant 
Committee  was  the  following: — "The  words,  'religious 
majority'  and  'religious  minority'  mean  the  Roman 
Catholic  or  Protestant  majority  or  minority,  as  the  case 

14 


OUR  EDUCATIONAL  PROBLEM 

may  be,  of  persons  whose  names  are  entered  upon  the 
assessment  roll  as  rate-payers,  and  the  word  'Protes- 
tant' in  this  Act  and  in  any  Act  affecting  education  in 
the  collection  and  distribution  of  school  funds,  shall  be 
held  to  mean  all  persons  not  professing  the  Roman 
Catholic  faith." 

His  Eminence  the  late  Cardinal  Taschereau  declared 
that  if  this  resolution  was  submitted  to  the  Council, 
he  would  propose  in  amendment  that  the  distribution 
of  the  funds  raised  for  the  purpose  of  public  instruction 
should  be  made  according  to  the.  present  population  of 
the  Catholics  and  Protestants  in  the  Province,  observ- 
ing that  by  the  present  distribution  one-third  of  the 
grants  for  Normal  schools  are  now  given  to  Protestants, 
whereas  a  distribution  according  to  the  then  present 
population  would  reduce  this  share  to  one-seventh. 

In  view  of  this  declaration  the  Protestant  members 
of  the  Council  asked  permission  to  retire  to  an  adjoining 
room,  in  order  to  take  into  consideration  the  position 
in  which  thev  would  be  placed  by  such  a  proposition, 
and  after  consultation,  an  understanding  was  reached 
according  to  which  Mr.  Heneker  consented  to  withdraw 
his  proposition,  provided  the  Cardinal  would  not  submit 
the  one  of  which  he  spoke,  to  which  the  members  of  the 
Council  unanimously  agreed. 

This  incident  created  intense  feeling  in  the  Depart- 
ment of  Public  Instruction  and  when  the  Minutes  of 
proceedings  were  drafted  by  the  joint  secretaries  it  was 
found  impossible  to  reach  an  agreement  as  to  the  form 
in  which  the  minutes  should  be  recorded,  and  a  special 
meeting  of  the  Council  of  Public  Instruction  was  called 
for  the  purpose  of  confirming  the  Minutes.  The 
Minutes  were  confirmed,  on  division,  all  the  Roman 
Catholic  members  voting  on  the.  one  side  and  the  Pro- 
testant members  voting  on  the  other. 

At  this  special  meeting,  His  Eminence,  Cardinal 
Taschereau,  introduced  the  following  resolution,  which 
was  seconded  by  Judge  Jette;  this  resolution  was 
adopted  on  the  same  divisions : — "That  it  is  not  expe- 
dient that  any  amendment  should  be  made  in  the  law 
concerning  Public  Instruction  with  regard  to  the  mutual 
relations  of  the  two  committees  of  the  Council  of  Public 
Instructions,  nor  concerning  the  collection  and  the 

15 


OUR  EDUCATIONAL  PROBLEM 

distribution  of  sums  provided  by  the  Government  or 
levied  under  this  law." 

This  incident  probably  represents  the  most  acute 
stage  in  the  history  of  the  Protestant  Committee.  The 
Protestant  Committee  was  practically  helpless  under 
the  cireujmstances  because  if  the  threatened  resolution 
of  His  Eminence,  Cardinal  Taschereau,  had  actually 
been  proposed  and  adopted  it  would  have  closed  our 
Normal  school  which  was  receiving  one-third  of  the 
total  sum  voted  for  the  maintenance  of  Normal  schools 
at  that  time. 

In  the  course  of  the  correspondence  the  Protestant 
Committee  placed  itself  on  record  in  reference  to  the 
school  tax  of  joint  stock  'Companies  in  the  following 
terms : — "That  this  Board  has  always  been  of  the 
opinion  that  the  school  tax  levied  on  Protestants  hold- 
ing stock  in  banks  and  other  joint  stock  corporations, 
should  be  applied  exclusively  to  Protestant  education, 
and  to  this,  as  no  more  than  just  and  right,  and  as  is 
allowed  to  Roman  Catholic  stock  holders  in  Ontario, 
they  do  still  decidedly  adhere. 

The  Protestant  Board  of  Montreal. 

During  the  last  ten  years  of  the  Nineteenth  Century 
there  was  a  large  increase  in  the  Hebrew  population  in 
the  City  of  Montreal,  and  the  relation  of  the  Jews  to 
the  Protestant  schools  became  a  very  acute  question. 
In  order  to  settle  some  points  in  this  dispute,  action 
was  taken  by  a  gror/p  of  the  Jewish  population  against 
the  Protestant  Board,  in  reference  to  Jacob  Pensler's 
claim  to  a  Commissioner's  Scholarship,  and  a  decision 
was  rendered  by  Judge  Davidson  in  February,  1903  to 
the  following  effect. 

"The  annual  reports  of  respondents,  so  far  as  put  on 
record,  disclose  that  the  main  questions  now  before  the 
court  in  critical  and  litigious  form  have  for  many  years 
been  a  cause  of  disquiet  to  respondents.  Previous  to 
1886  the  entire  body  of  Jews  e'ected  to  contribute  to 
Protestant  education  and  their  children  were  admitted 
on  the  same  terms  as  Protestants.  Then  a  dispute 
between  the  different  synagogues  arose,  in  consequence 
of  which  the  members  of  the  Spanish  and  Portuguese 
Synagogue,  representing  $2,116.20  out  of  $2,700.00  paid 
in  school  taxes  by  Jewish  citizens,  seceded  from  the 

16 


OUR  EDUCATIONAL  PROBLEM 

compact,  which,  it  is  fair  to  say,  was  a  purely  voluntary 
one.  They  forthwith  transferred  all  their  properties 
into  the  Roman  Catholic  panel  and  arranged  to  receive 
back  from  the  board  of  that  faith  80  per  cent,  of  the 
results,  which  they  afterwards  used  for  a  school  of  their 
own. 

As  a  result  the  Protestant  board  in  subsequent  years, 
found  itself  educating  80  per  cent.  (174)  of  the  Jewish 
children,  while  only  in  receipt  of  ($600)  20  per  cent,  of 
the  Jewish  taxes.  Neither  the  Government  grant  nor 
proceeds  from  the  neutral  panel  were  increased  by 
reason  of  this  attendance.  The  school  fees  are  nominal. 
On  this  position  of  affairs  warm  comment  was  made  in 
the  annual  report  of  1890.  It  was  represented  to  be  a 
great  injustice  to  the  Protestant  taxpayer.  Harmonious 
relations  with  the  synagogue  were  subsequently  re- 
newed. Its  members  undertook  to  place  their  school 
taxes  in  the  Protestant  panel  and  closed  their  school. 
In  return  the  board  received  their  children,  appointed 
a  teacher  of  Hebrew  and  paid  $2,000  per  annum  to  the 
Baron  de  Hirsch  Institute  for  educating  pupils  of  the 
Jewish  faith  unable  to  pay  fees.  Neither  9  Viet.  (C. 
1846)  Cap.  94,  nor  any  other  law  gave  this  synagogue  a 
right  to  represent  the  Jewish  population.  In  1899  the 
Jewish  scholars  had  increased  to  749.  The  cost  of  their 
education,  beyond  the  net  amount  received  from  Jewish 
taxes  and  fees,  represented  a  yearly  loss  of  over  $10,- 
000,  which,  according  to  the  board,  had,  in  great  part, 
to  be  paid  out  of  receipts  from  Protestant  parents.  In 
the  scholastic  year  1900-1901,  according  to  a  statement 
of  record,  the  nrimber  of  Jewish  pupils  in  the  schools 
had  risen  to  1,153  representing  a  cost  of  $34,451.64.  Net 
receipts  from  Jewish  taxes  and  fees  amounted  to  $11,- 
016.24.  The  net  loss  is  placed  at  $23,435.40. 

The  action  of  the  board  in  1900  in  so  amending  their 
rules  as  to  make  the  reception  of  all  children  save  those 
of  resident  Protestants,  or  of  actual  school  tax  con- 
tributories,  a  matter  of  grace,  instead  of  right,  resulted 
from  acute  want  of  accommodation  and  the  distressing 
load  put  upon  revenue. 

Serious  consideration  of  the  arguments  ably  presented 
at  the  bar  and  of  some  others  which  have  suggested 

17 


OUR  EDUCATIONAL  PROBLEM 

themselves  to  me,  results  in  the  following  conclusions: 
t. — All  resident  Protestants,  whether  real  estate 
owners  or  not,  are  entitled  to  the  benefits  of  respon- 
dents' schools.  This  right,  although  not  written  into 
the  statutes  with  actual  words,  is  of  their  structure  and 
spirit.  Either  as  the  cause  or  as  the  result  of  its  ex- 
istence, the  whole  of  the  Protestant  real  estate  in  the 
city  must  go  into  the  Protestant  panel,  and  the  who'e 
of  the  Protestant  population,  men,  women  and  children, 
is  a  revenue  producing  factor,  because  the  more  nu- 
merous it  is  the  greater  the  grant  out  of  the  public 
funds  and  the  payment  from  the  neutral  panel. 

|2.  Possibly  a  person  of  the  Jewish  religion,  who  owns 
real  estate  and  inscribes  it  in  the  Protestant  or  Roman 
Catholic  panel  acquires  rights  in  the  schools  thereby 
adopted,  although  he  is  not  beneficially  counted  as 
regards  the  division  of  the  Government  grant  or  of  the 
proceeds  from  the  neutral  panel. 

3.  A   resident  of   the  Jewish   religion   who,  although 
an  owner  of  real  estate,  has  not  optated  as  ID  his  school 
tax,  or  who  does  not  own  real  estate,  cannot  claim  as 
of  right  to  have  his    children    admitted    to  the    public 
schools. 

4.  If  such  admission  is  given  it  is  by  grace  and  subject 
to  whatever  conditions  the  commissioners  choose  to  im- 
pose, inclusive  of  non-eligibility  for  the  scholarship  in 
question. 

There  are  now  over  ten  thousand  Jews  in  the  city, 
and,  besides,  a  great  many  property  owning  taxpayers 
who  are  neither  Protestants  nor  Roman  Catholics. 
These  numerous  and  important  groups  of  our  popula- 
tion create  problems  which  did  not  exist  when  the 
foundations  of  our  present  edu/cational  system  were  laid. 
Their  solution  by  the  Legislature,  if  this  judgment 
correctly  interprets  the  law,  has  become  of  pressing  im- 
portance." 

After  this  decision,  which  practically  declared  that 
the  non-Roman  Catholic  and  non-Protestant  elements 
of  the  community  had  no  rights  in  the  Protestant 
schools,  the  Hebrew  population  arranged  for  a  con- 
ference with  the  Protestant  Board  of  School  Commis- 
sioners. This  proved  to  be  a  very  important  conference 
[because  of  subsequent  developments.  The  following 

18 


OUR  EDUCATIONAL  PROBLEM 

extract  from  the  Minutes  of  this  special  meeting  of  the 
Protestant  Board  of  School  Commissioners,  held  under 
date  March  2nd,  1903,  is  at  once  interesting  and  im- 
portant : — "The  Commissioners,  after  preliminary  dis- 
cussion, admitted  to  a  conference  a  deputation  of 
Jewish  citizens  which  had  been  appointed  for  the  pur- 
pose at  a  mass  meeting  held  on  the  24th  February. 

Mr.  Max  Goldstein,  who  had  been  appointed  Chair- 
man of  the  deputation,  stated  that  for  the  first  time  the 
whole  Jewish  Community  of  Montreal  was  represented 
by  it ;  that  it  was  the  wish  of  that  community  to  place 
its  educational  interests  in  the  charge  of  the  Protestant 
School  Commissioners,  and  to  acquire  equal  rights  in 
the  Protestant  public  schools.  He,  therefore,  asked 
that  in  the  event  of  this  being  done,  provision  should 
be  made  by  the  addition  of  a  conscience  clause  to  the 
regulations,  so  that  no  loss  of  marks  should  be  sustain- 
ed by  Jewish  pupils  by  reason  of  their  absence  from  the 
devotional  exercises  of  the  schools,  or  from  the  study 
of  Scripture,  an  alternative  study  to  be  substituted  for 
that  subject. 

He  further  stated  that  the  Jewish  community,  recogn- 
ising the  insufficient  means  of  the  Board,  would  be  pre- 
pared to  support  any  measure  for  increased  taxation 
which  might  be  necessary,  and  were  also  ready  to  re- 
medy the  difficulty  occasioned  through  the  exercise  of 
their  legal  option  by  introducing  such  legislation  as 
would  place  the  Jewish  school  taxes  permanently  in  the 
Protestant  panel. 

In  the  general  discussion  which  followed,  Mr  Gold- 
stein declared  that  the  Jewish  community,  recognizing 
their  position  as  a  minority,  neither  asked  nor  desired 
that  the  Protestant  Public  School  system  should  be 
changed,  in  respect  to  its  distinctive  religions  character 
and  constitution. 

The  other  members  of  the  deputation  having  signified 
their  acceptance  of  the  position  thus  defined,  the  draft 
of  a  resolution  tentatively  introduced  by  Rev.  Dr.  Shaw, 
was  then  read,  and  a  consensus  was  reached  by  both  the 
Board  and  the  deputation  on  the  following  understand- 
ing:— 

19 


OUR  EDUCATIONAL  PROBLEM 

1st.  That  the  Jewish  population  shall,  if  so  provided 
by  law,  be  identified  with  the  Protestant  system  of 
Montreal. 

2nd.  iAhat  this  system  shall  as  heretofore  be  distinc- 
tly Protestant,  and  therefore  Christian. 

.3rd.  That  the  Protestant  School  Regulations  shall 
contain  a  conscience  clause  protecting  the  religious  con- 
victions of  Jewish  scholars. 

Mr.  Goldstein  stated  that  a  deputation  of  Jewish 
citizens  would  proceed  to  Quebec  on  Wednesday,  4th 
March,  to  meet  the  Premier  on  the  following  day,  and 
asked  that  a  Committee  of  the  Board  should  be  appoint- 
ed to  accompany  it.  The  deputation  then  withdrew, 
after  thanking  the  Board  for  the  consideration  shown  it. 

The  following  resolution,  as  recast,  was  then  in- 
troduced to  the  School  Board  by  Rev.  Dr.  Shaw,  and 
carried : — "Whereas  an  action  has  recently  been  in- 
stituted against  this  Board  by  certain  Jews,  and  as  a 
result  the  judgment  has  in  substance  stated  that  by  law 
the  Jews  have  no  rights  in  the  public  schools  of  this 
Province,  either  Roman  Catholic  or  Protestant. 

•We  hereby  declare  our  opinion  that  this  glaring  ano- 
maly and  injustice  which  deprive  so  large  and  respect- 
able an  element  of  our  population  as  the  Hebrew  people, 
of  their  rights  as  regards  elementary  education  should 
be  removed. 

Further  we  declare  our  readiness  to  co-operate  with 
our  Jewish  fellow-citizens  in  seeking  such  equitable 
remedial  legislation  as  will  remove  this  unjust  ine- 
quality. 

At  the  same  time  we  must  call  the  attention  of  our 
Protestant  constituents  to  the  danger  there  is  that  their 
rights  may  be  be  imperilled  while  the  wrongs  of  the 
Jews  are  being  rectified.  If  the  non-Christian  elements 
of  the  community  are  made  a  charge  upon  the  Pro- 
testant Board  of  School  Commissioners,  while  the 
revenue  from  them  is  so  small,  a  burden  will  be  im- 
posed upon  Ui's  which  will  seriously  prejudice  the  ex- 
cellent school  system  that  for  some  years  we  have  been 
laboriously  striving  to  establish. 

Tf  the  enactment  be  proposed  that  all  citizens  who 
ire  neither  Protestants  nor  Roman  Catholics  have  the 
right  10  send  their  children  to  whichever  system  of 

20 


OUR  EDUCATIONAL  PROBLEM 

schools  they  choose,  provided  always  that  the  school 
taxes  of  such  parties  be  distributed  to  the  two  systems, 
according  to  school  attendance,  we  cannot  object  to  the 
equity  of  such  a  remedy.  At  the  same  time  the  creation 
of  such  rights,  while  perfectly  just,  does  not  bring  to 
this  Board  the  relief  it  so  urgently  needs.  It  simply 
means  that  the  financial  embarrassment  heretofore  f;lt 
from  this  cause  will  continue.  Indeed,  it  is  morally 
certain  that  with  Montreal  as  a  seaport  of  growing  im- 
portance, there  will  be  landed  here  from  Europe  an  in- 
creasing number  of  people  of  various  races,  necessarily 
of  limited  means,  who,  it  is  morally  certain,  will  be  to 
a  great  extent  an  educational  charge  upon  this  Board. 
In  the  absence  of  the  single  system  of  public  schools 
which  generally  obtains  on  this  continent,  this  con- 
stitutes an  unjust  inequality  to  our  prejudice. 

At  the  same  time  we  hereby  readily  declare  our  will- 
ingness to  educate  the  children  of  all  citizens  who  may 
come  to  us,  whatever  their  race  or  religion,  provided 
we  have  the  means  to  do  so,  and  consider  that  necessary 
steps  be  taken  at  an  early  date  to  secure  the  necessary 
revenue  for  the  purpose." 

In  accordance  with  this  agreement  the  Hebrew  re- 
presentatives with  the  consent  of  the  Protestant  Board 
of  School  Commissioners  secured  the  passage  of  an  Act 
in  1903  by  the  Quebec  Legislature  (3  Ed.  VII,  ch.  16) 
which  gave  very  important  privileges  to  the  Hebrew 
population  for  school  purposes  in  the  Province  of 
Quebec.  The  main  provisions  of  this  Act  are : — first, 
that  for  educational  purposes  all  Jews  are  to  be  regarded 
as  Protestants,  second,  that  the  school  taxes  of  Jewish 
rate-payers  are  to  be  paid  into  the  Protestant  panel, 
third,  that  members  of  the  Jewish  population  are  to 
enjoy  all  the  rights  and  privileges  of  Protestants  for 
educational  purposes,  and  fourth,  a  special  conscience 
clause  in  favour  of  children  of  Jewish  parents  attending 
Protestant  schools.  At  the  same  time  the  Protestant 
Board  entered  by  resolution  into  agreement  with  the 
Jewish  population  protecting  the  children  of  Jewish 
parents  from  suffering  any  loss  through  absence  from 
school  on  Jewish  holidays.  This  Act  is  rightly  regard- 
ed by  the  Jewish  population  as  their  Magna  Charta  for 

21 


OUR  EDUCATIONAL  PROBLEM 

educational  purposes,  and  they  are  very  jealous  of  any 
attempt  to  modify  the  terms  of  this  Act. 

It  is  important  to  notice  in  this  connection  that  the 
delegation  which  waited  upon  the  Protestant  Board  of 
School  Commissioners  claimed  to  represent  and  to 
act  for  the  whole  Jewish  population  of  the  city  of  Mon- 
treal. In  the  second  place  it  is  important  to  note  that 
it  was  specifically  declared  by  Mr.  Max  Goldstein  that 
the  Jewish  community,  recognizing  their  position  as  a 
minority,  neither  asked  nor  desired  that  the  Protestant 
Pulblic  School  system  should  be  changed  in  respect  to 
its  distinctive  religious  character  and  constitution,  and 
thirdly  that  the  Protestant  Board  called  the  attention 
of  the  Protestant  constituents  to  the  danger  there  is 
that  their  rights  may  be  imperilled  while  the  wrongs  of 
the  Jews  are  being  rectified. 

It  has  been  said  that  the  Protestant  Board  applied 
for  the  admission  of  the  Jewish  population  under  the 
Protestant  school  system.  An  examination  of  the  pre- 
amble of  the  act  of  1903  (3  Ed.  VII.,  chap.  16)  will 
show  that  this  is  an  entire  misapprehension  of  the  facts 
of  the  case.  Representatives  of  the  Jewish  population 
applied  to  the  Protestant  Board  and  then  to  the  Quebec 
Legislature  to  be  included  under  the  Protestant  School 
System.  The  Protestant  Board  gave  its  consent  under 
certain  conditions  in  order  to  relieve  the  Jewish  popul- 
ation from  the  intolerable  educational  conditions  in 
which  they  were  placed  ^according  to  recent  judicial 
decisions. 

Jewish  Representatives  on  the  Protestant  Board. 

These  statements  are  very  significant  in  view  of  the 
developments  which  followed.  Notwithstanding  the 
representation  made  by  authorized  representatives  of 
the  Jewish  population  in  conference  with  the  Protestant 
Board  of  School  Commissioners,  definite  steps  were 
taken  by  the  Hebrew  population,  before  three  years  had 
expired,  to  revolutionize  the  whole  system  of  manage- 
ment of  the  Protestant  schools  of  Montreal  and  to  in- 
troduce Jewish  representatives  on  the  Protestant  school 
board. 

The  following  extracts  from  a  circular  issued  by  the 
Protestant  Board  of  School  Commissioners  under  date 
of  March  6th,  1906,  are  very  illuminating  in  this  con- 

22 


OUR  EDUCATIONAL  PROBLEM 

nection: — "The  Protestant  Board  of  School  Commis- 
sioners of  Montreal  considers  it  its  duty  to  call  the 
attention  of  the  Protestant  citizens  to  a,  bill  which  is 
row  before  the  Provincial  Legislature.  This  bill  pro- 
vides that  in  1908  the  Board,  as  now  constituted,  shall 
cease  to  exist  and  shall  be  replaced  by  eighteen  school 
comnrssion-ers  to  be  elected,  one  from  each  ward  of  the 
City  It  is  proposed  that  the  new  school  commissioners 
shall  be  elected  by  the  proprietors,  Protestant  and 
Jewish,  who  are  municipal  electors  in  each  ward,  and 
all  resident  proprietors,  Protestant  or  Jewish,  of  the 
male  sex,  who  are  owners  of  immoveable  property  of 
the  value  of  $1000,  are  eligible  for  election  to  the  office. 
At  present  the  Protestant  Board  of  School  Commis- 
sioners for  Montreal  is  composed  of  six  members,  three 
of  whom,  the  Very  Rev.  Dean  Evans,  Re\ .  Dr.  Shaw 
and  Rev.  Dr.  Barclay,  are  appointed  by  the  Provincial 
Government,  the  other  three,  Mayor  Ekers,  Alderman 
Robertson,  and  Alderman  Stearns,  being  appointed  by 
the  City  Council.  In  inviting  public  attention  to  the 
proposed  change,  the  Commissioners  feel  themselves 
placed  in  a  difficult  and  delicate  position.  While  they 
are  unwilling  on  the  one  hand  to  appear  to  urge  their 
own  retention  in  office,  on  the  other  they  deem  it  their 
duty  to  call  the  attention  of  those  whose  interests  they 
are  appointed  to  represent  to  the  proposed  change,  and 
to  the  serious  consequence  which  may  ensue. 

The  members  of  the  present  school  board,  though  not 
directlv  elected  by  popular  vote,  receive  their  appoint- 
ment from  those  who  are  so  elected.  They  are,  there- 
fore, a  representative  body.  The  Provincial  Govern- 
ment in  selecting  its  representatives  has  usually  appoint- 
ed clergymen  of  the  various  Protestant  churches,  a  plan 
which  has  had,  among  other  advantages,  that  of  secur- 
ing men  expert  and  interested  in  secular  education,  as 
well  as  in  the  maintenance  of  that  religious  training 
which,  under  the  law,  is  the  distinctive  feature  of  the 
schools  of  this  Province.  It  is  the  practice  of  the  City 
Council  to  appoint  as  School  Commissioners  three  of 
its  own  members  who  directly  represent  the  citizens. 
It  is  for  the  Protestant  citizens  to  say  whether  the  Board 
so  constituted  has  not  been  found  effective  for  both 
scholastic  and  financial  administration. 

23 


OUR  EDUCATIONAL  PROBLEM 

Like  other  schools  in  the  Province,  those  of  Montreal 
are  divided  on  the  basis  of  religious  faith.  The  Roman 
Catholic  schools  are  administered  by  the  Catholic 
School  Commission,  composed  exclusively  of  Roman 
Catholics,  and  the  Protestant  Schools  by  the  Protestant 
Board  of  School  Commissioners,  composed  exclusively 
of  Protestants.  The  members  of  other  religious  faiths 
are  not  eligible  to  serve  on  either  Board.  The  bill 
under  consideration  proposes  that  Jews  shall  be  eligible 
for  election  as  members  of  the  Protestant  Board  of 
School  Commissioners.  The  immediate  effect  of  this 
change  would  be  to  place  the  Protestant  Schools  under 
the  administration  of  a  body  not  distinctly  Christian  in 
its  character  and  composition.  The  ultimate  conse- 
quences of  such  a  change  must  be  both  far-reaching  and 
revolutionary.  It  is  true  that  Jewish  children  are  now 
admitted  to  the  Protestant  schools,  under  legislation 
largely  due  to  the  support  of  the  Commissioners,  but 
it  is  also  true  that  before  legislation  was  sought  in  this 
matter  it  was  agreed  between  the  authorized  represent- 
atives of  the  entire  Jewish  community  of  Montreal  and 
the  School  Board  at  a  conference  held  on  the  2nd  of 
March,  1903,  that  "the  school  system  should  remain  as 
before  distinctly  Protestant  and  therefore  Christian," 
the  Jews  being  guaranteed  freedom  from  attendance  at 
devotional  exercises  and  allowed  other  soecially  defined 
privileges  under  a  conscience  clause.  But  apart  from 
the  question  of  religious  instruction  in  the  schools,  the 
elective  system  of  appointing  school  commissioners  is 
most  perilous  to  the  best  educational  results. 

The  bill  provides  that  the  city  authorities  shall  take 
the  steps  necessary  for  the  election  of  school  commis- 
sioners in  the  same  way  and  at  the  same  time  as  for 
the  municipal  elections,  and  that  the  expense  thus  in- 
curred shall  be  retained  from  the  share  of  the  school 
tax  accruing  to  the  Protestant  Board.  The  diversion  of 
a  part  of  the  Board's  income  from  educational  purposes 
and  the  application  of  the  money,  in  unknown  and  un- 
controlled amount,  to  the  cost  of  an  election  in  each 
ward  of  the  city,  seems  open  to  grave  objection." 

This  attempt  on  the  part  of  the  Jewish  community  to 
re-organize  the  whole  system  of  Protestant  education 
in  the  city  of  Montreal,  in  their  interests,  through  action 

24 


OUR  EDUCATIONAL  PROBLEM 

of  the  Provincial  Legislature,  failed  to  receive  the  ne- 
cessary support  and  the  movement  was  abandoned  for 
the  time  being.  In  1909  these  efforts  were  renewed 
in  a  modified  form,  as  appears  from  the  circular,  issued 
to  the  Citizens  of  Montreal  by  the  Protestant  Board  of 
School  Commissioners  under  date  March  27th,  1909. 

The  characteristic  feature  of  this  new  movement  was 
the  proposal  that  the  Protestant  School  Board  of  Mon- 
treal should  be  composed  of  twelve  members  four  of 
whom  should  be  appointed  by  the  Government  and  eight 
elected  by  Jewish  and  Protestant  rate-payers,  Jews 
being  eligible  as  members  of  the  Board. 


25 


OUR  EDUCATIONAL  PROBLEM 

HIGH  SCHOOL 

197  Peel  Street, 

Montreal,  March  27th,  1909. 
Sir, 

I   am   instrristed  by  the   Protestant   Board   of   School 
Commissioners    to  submit  for    your    consideration    the 
following  representations  respecting  the  bill  now  before 
the   Legislature  under  which   it   is  proposed   to  change 
the  constitution  of  the  Board  by  increasing  the  number 
of  Commissioners  from  six  to  twelve,  and  by  providing 
for  their  election    by  the   Jewish  and    Protestant  pro- 
prietors of  real  estate  in  the  City.     At  present  the  Board 
is  composed  of  six  members,  three  of  whom  are  appoint- 
ed   by   the    Lieutenant-Governor   of   the    Province,  and 
three  by  the  City  Council,  generally  from  among  the 
Protestant    Aldermen.     The    three    appointed    by    the 
Government  have  usually  been,  as  thev  are  at  present 
clergymen  of  the  several   Protestant  Churches,  and  so 
possessing  a  certain  representative  character,  and  bring- 
ing to  their  work,  which  in  one  of  its  sides  at  least,  is 
of  a  technical  character,  the  qualifications  of  a  univer- 
sity training.     In  favour  of  the  proposed  change,  it  is 
urged  that    the    control   of    public    moneys    should    be 
vested   in   a  body   directly   elected   by   the   rate-payers. 
There  does  not  appear  to  be  any  complaint  either  of  the 
general  policy  or  of  the  details  of  the  administration  of 
the  schools,  nor  any  general  distrust  of  the  intelligence 
or  integrity   of  any    of  the    gentlemen    now  serving   as 
School  Commissioners.     It  is  not  the  contention  of  the 
supporters  of  the  bill  that  the  administration  is,  or  has 
been  either  dishonest,  extravagant,  or  characterized  by 
the  evils  of  patronage  in  the  appointment  of  its  servants 
or  the  making  of  its  contracts.     Without  overstepping 
the  limits  of  either  truthfulness  or  modesty,  the  Com- 
missioners may  venture    to  affirm    that  the    results  of 
their  work  justify  both  the  principles  of  their  adminis- 
tration, and  the  method  of  their  appointment.     In  par- 
ticular, they  may  be  permitted  to  regard  with  satisfac- 
tion the  harmony  with  which  the  members  of  the  various 
Protestant  Churches,  clergymen  and  laymen  alike,  have 
worked    together  in   a  common    cause,   and    upon    the 
common  ground  of  a  common  Christian  faith.    Whether 
a  body  elected  upon  the  lines  of  the  City  Council,  and 
so    representing    sectional    interests    and  ideas,    would 

26 


OUR  EDUCATIONAL  PROBLEM 

command  and  merit  public  confidence  in  equal  degree 
with  the  present  Board  is  a  point  upon  which  recent 
events  would  seem  to  justify  doubt. 

The  admission  of  Jewish  citizens  to  the  electorate,  and 
as  a  consequence,  of  Jewish  representatives  to  the 
membership  of  the  Board,  would  immediately  involve 
the  destruction  of  the  Christian  character  of  the  adminis- 
tration;. The  employment  of  Jewish  teachers  would 
logically  follow,  and  as  a  result  the  religious  instruc- 
tion of  Protestant  children  would,  in  certain  cases,  be 
placed  in  non-Christian  hands.  It  seems  scarcely  neces- 
sary to  characterize  such  an  innovation  as  undesirable. 
The  proposed  change  in  the  religious  character  and  con- 
stitution of  the  Board,  is,  besides,  directly  opposed  to 
the  agreement  under  which  the  Protestant  Board  of 
School  Commissioners,  at  the  urgent  request  of  the  re- 
presentatives of  the  entire  Jewish  community,  assumed 
the  costly  task  of  educating  the  Jewish  children  of  the 
City.  That  agreement  provided  that  Jewish  pupils 
should  be  admitted,  as  of  right,  to  the  Protestant  Public 
Schools,  and  that  the  school  taxes  of  all  Jewish  pro- 
prietors should  be  paid  into  the  Protestant  panel.  The 
money  contribution  then  made  was  not,  and  probably 
is  not  now,  sufficient  to  meet  the  cost  of  educating  the 
Jewish  children  attending  the  Protestant  Schools.  The 
Jewish  representatives  then  declared  that  they  neither 
asked  nor  desired  that  the  Protestant  School  system 
should  be  changed  in  respect  to  its  distinctive  religious 
character  and  constitution.  The  bill  now  before  Parlia- 
ment sets  aside  the  principel  of  this  agreement,  and  in- 
volves the  destruction  of  the  Christian  character  of  the 
administration.  Should  the  measure  become  law,  the 
two  school  systems  of  the  City  will  become  much  more 
widely  separated,  one,  the  Roman  Catholic,  would  still 
remain  Christian,  while  the  other  would  be  neither 
Christian  nor  Protestant. 

The  Jewish  supporters  of  the  bill  cannot  plead  that 
their  children  are  compelled  to  receive  religious  instruc- 
tion from  which  they  dissent,  as  they  are  iully  protected 
by  a  conscience  clause  in  the  agreement.  If  they  are  in 
any  way  dissatisfied  with  their  present  position,  the 
remedy  would  appear  to  be  the  establishment  of  a 
Jewish  School  Board,  supported  by  the  school  taxes,  of 

27 


OUR  EDUCATIONAL  PROBLEM 

their  own  faith,  a  change  which,  however,  objectionable 
from  a  national  point  of  view,  would  certainly  be  pre- 
ferred by  many  Protestant  parents  and  rate-payers  to 
that  now  proposed.  The  present  method  of  appointing 
the  School  Board  is  by  no  means  without  parallel.  In 
New  York,  Baltimore,  Buffalo,  St.  Paul,  San  Francisco, 
Washington  and  Chicago  the  members  of  the  Board  of 
Education  are  appointed  by  the  Mayor.  The  School 
Board  of  Philadelphia  is  appointed  by  the  Judges  of  the 
Court  of  Common  Pleas.  In  New  Orleans,  the  Board, 
as  in  Montreal,  is  appointed  in  part  by  the  City  Council, 
and  in  part  by  the  Governor. 

The  selection  of  School  Commissioners  by  vote  would 
prevent  many  men  of  administrative  capacity  and  largre 
educational  experience,  who  are  now  willing  to  serve 
from  entering  upon  a  municipal  campaign,  while  any 
property-owning  qualification  would  render  ineligible 
for  office  most  of  the  Protestant  clergymen  of  the  city, 
besides  many  others  eminently  fitted. 

The  gentlemen  who  are  now  serving  as  School  Com- 
missioners are  placed  in  a  peculiarly  difficult  and  deli- 
cate position.  On  the  one  hand,  they  are  unwilling  to 
appear  to  plead  for  their  own  retention  in  office,  while 
on  the  other,  they  cannot  but  regard  the  proposed  legis- 
lation as  highly  injurious  to  the  best  interests  of  educa- 
tion, both  moral  and  intellectual.  The  duty  of  repres- 
enting to  their  constituents  the  facts  and  circumstances 
of  the  case  undoubtedly  devolves  upon  them,  and  that 
duty  they  have  now  discharged.  It  rests  with  those 
citizens  who  may  be  in  accord  with  their  principles  and 
satisfied  with  their  past  administration  to  signify,  in- 
dividually or  collectively,  by  representations  through 
the  press  and  to  the  members  of  the  Legislature  and  the 
Government,  their  wishes  with  regard  to  the  proposed 
change.  The  absence  of  any  general  and  immediate  ex- 
pression of  dissent  will  undoubtedly  be  interpreted  as 
at  least  passive  support  of  the  bill. 
I  am,  Sir, 

Your  obedient  servant, 

H.  J.  SILVER, 
Secretary-Superintendent 
Protestant  Board  of  School  Commissioners 
oc  the  City  of  Montreal. 

28 


OUR  EDUCATIONAL  PROBLEM 
The  City  Council  and  Jewish  Representation. 

These  efforts  of  the  Jewish  population  to  secure  re- 
presentation on  the  Protestant  Board  of  School  Com- 
missioners by  popular  election  met  with  some  support, 
but  they  were  unable  to  convince  the  public  and  the 
members  of  the  Legislature  that  this  movement  was 
really  in  the  interests  of  education. 

Having  failed  to  secure  representation  through  the 
action  of  the  Legislature,  the  Jewish  representatives 
next  turned  their  attention  to  the  City  Council,  who 
held  the  appointment  of  three  of  the  six  members  of 
the  Protestant  Board.  Having  succeeded  in  electing' 
one  of  their  number  as  a  member  of  the  City  Council, 
they  undertook  to  influence  the  French  Roman  Catho- 
lic majority  in  the  Council  to  over-ride  the  wishes  of 
the  Protestant  minority,  and  to  appoint  a  Jewish  re- 
presentative to  the  next'  vacancy  on  the  Protestant 
Board.  This  movement  took  definite  shape  in  1916,  and 
aroused  a  great  deal  of  interest  among  the  Protestant 
rate-payers  of  Montreal. 

The  Education  Committee  of  the  Anglican  Diocesan 
Synod  addressed  the  following  resolution,  with  a  cover- 
ing letter  from  the  Lord  Bishop  of  the  Diocese,  to 
Mayor  Martin : — "The  Education  Committee  of  the 
Synod  of  the  Diocese  of  Montreal,  representing  the 
Church  of  England  in  Canada  in  Montreal  respectfully 
prays  that  the  vacancy  in  the  Protestant  School  Com- 
mission be  filled  by  appointing  an  Alderman  who  is  a 
Protestant,  and  protests  aerainst  any  other  than  a  Pro- 
testant, however  well  qualified  in  other  respects  he  mav 
be,  and  would  urge  the  injustice  to  the  Protestant  rate- 
payers of  the  City  of  Montreal  of  any  other  appoint- 
ment than  that  of  a  Protestant. 

The  Presbytery  of  Montreal  under  date  May  18th, 
1916,  gave  special  attention  to  this  subject  and  on  the 
motion  of  the  Rev.  Dr.  Campbell,  seconded  by  the  Rev. 
Dr.  Dickie,  it  was  unanimously  resolved  "That  the 
Presbytery  of  Montreal  hereby  protests  against  the  pro- 
posal that  the  City  Council  appoint  to  the  Protestant 
School  Board  of  Montreal  anyone  who  is  not  a  Protes- 
tant as  an  invasion  of  the  rights  granted  by  the  British 
North  America  Act  to  both  Roman  Catholics  and  Pro- 

29 


OUR  EDUCATIONAL  PROBLEM 

testants  of  Quebec  to  control  their  own  schools." 

In  consultation  with  the  representatives  of  the  lead- 
ing Protestant  communions  of  the  City,  a  carefully 
prepared  letter  was  published  in  the  Montreal  Gazette 
setting  forth  the  main  features  of  the  situation  and 
urging  the  Protestant  population  of  the  Citv  to  oppose 
the  proposed  appointment  by  the  City  Cotvncil.  A  joint 
Committee  representing  the  leading  Church  commu- 
nions of  the  City  waited  upon  the  City  Council  and 
presented  a  four  page  typewritten  petition  setting  forth 
in  much  detail  the  historical  bearings  of  this  question, 
and  urging  upon  the  City  Council  that  in  discharging 
the  delicate  and  important  duty  of  appointing  members 
of  the  Protestant  Board  of  School  Commissioners  of 
Montreal  they  safe-guard  the  Christian  and  Protestant 
character  of  the  School  Board.  The  petition  was  sup- 
ported by  the  following  signatures : — The  Lord  Bishop 
of  Montreal,  the  Dean  of  Montreal,  Chancellor  David- 
son, the  Rev.  Canon  Rexford,  the  Rev.  Wil-iam  Robin- 
son, the  Rev.  J.  J.  Willis,  the  Rev.  Dr.  Bruce  Taylor, 
the  Rev.  Dr.  Campbell,  the  Rev.  Dr.  Duncan,  the  Rev. 
Dr.  Rose,  George  Campbell,  and  Henry  F.  Armstrong. 
The  Petition  was  presented  and  explained  by  Chancellor 
Davidson. 

As  a  resnlt  of  this  opposition  the  efforts  of  the  Jews 
to  secure  representation  were  unsuccessful  and  a  Pro- 
testant was  appointed  to  fill  the  vacancy  on  the  Board. 
The  following  year,  1917  Alderman  Weldon's  term  of 
office  expired  and  the  Jewish  representatives  came  back 
with  fresh  determination  to  secure  the  appointment  of 
a  Jewish  Alderman  as  their  representative  on  the  Pro- 
testant Board.  In  the  meantime  however,  the  Pro- 
testant community  had  bee;i  aroused  to  the  importance 
of  the  whole  question  and  the  informal  gatherings  of 
representatives  of  the  different  Church  communions  in 
1916  had  been  reduced  to  a  definite  organization  for  the 
purpose  of  studying  this  whole  question. 

Under  the  direction  of  this  Joint  Committee  petitions 
were  circulated  in  the  different  Protestant  Churches  of 
the  city  rcging  that  ex-Alderman  Weldon  should  be  re- 
appointed  to  the  Protestant  Board  on  termination  of  his 
office  on  June  30th,  1917.  The  fo1lowine  outline  report 
of  the  work  of  the  Joint  Committee,  which  was  issued, 

30 


OUR  EDUCATIONAL  PROBLEM 

indicates  the  important  work  done  by  this  Committee 
and  the  satisfactory  results  that  attended  its  efforts : — 

"In  harmony  with  the  resolution  of  this  Committee  of 
April  3rd  and  April  13th  asking  for  Joint  Conferences 
with  the  representatives  of  the  other  Protestant  Com- 
munions of  the  city  upon  the  questions  arising  out  of 
the  relations  of  the  Jewish  population  to  the  Protestant 
schools  of  the  city,  the  first  Joint-Meeting  was  held 
in  the  Synod  Hall  under  date  April  27th  at  which  there 
was  a  fairly  representative  attendance  of  the  different 
Protestant  Communions  of  the  city.  The  Rev.  Dr. 
Rexford  was  called  to  the  Chair.  The  action  of  the 
Chairman  in  convening  the  Conference  was  approved. 
It  was  unanimously  agreed  to  recommend  to  the  City 
Council  that  Ex-Alderman  W.  S.  Weldon  be  reappoint- 
ed  to  Office,  and  it  was  agreed  to  arrange  for  a  deputa- 
tion to  lay  matters  before  the  City  Council.  It  was 
further  agreed  that  the  Conference  be  held  on  May  18th 
at  which  the  attendance  of  leading  representatives  of 
all  the  Protestant  Communions  should  be  secured. 

"On  May  3rd  it  came  under  our  notice  that  immediate 
action  was  necessary  as  the  City  Council  proposed  to 
make  its  appointment  on  the  following  Monday,  May 
7th,  and  a  very  fuli  and  careful  presentation  of  the  whole 
case  was  presented  to  the  City  Council  by  members  of 
the  delegation.  Before  making  the  appointment  the 
City  Council  referred  the  matter  to  its  Law  Officers  for 
a  Legal  opinion  and  the  City  Council  was  informed 
that,  while  the  appointment  of  a  Jewish  representative 
might  be  made  under  the  Quebec  Act,  such  appoint- 
ment would  be  contrary  to  the  provisions  of  the  Con- 
federation Act  and  therefore  illegal.  Mr.  W.  S.  Weldon 
was  accordingly  reappointed  as  a  member  of  the  Pro- 
testant Board  of  School  Commissioners. 

1  On  Mav  18th,  1917  the  2nd  Joint  Conference  was  held 
at  which  there  was  a  thoroughly  representative  attend- 
ance of  the  various  Protestant  Communions  of  the  city. 
The  whole  situation  created  by  the  demands  of  the 
Jewish  population  for  representation  on  the  Protestant 
Board  of  School  Commissioners  was  thoroughly  dis- 
cussed and  as  it  had  been  suggested  by  the  representa- 
tive of  the  Jewish  population  that  a  Conference  might  be 
helpful  it  was  unanimously  agreed  that  a  Committee 

31 


OUR  EDUCATIONAL  PROBLEM 

of  live  representatives  be  appointed  with  full  power  to 
act,  the  Chairman  and  Convener  to  be  the  Rev.  Dr. 
Rexford,  and  the  other  members,  George  A.  Campbell, 
Esq.,  K.C.,  Rev.  Dr.  Bruce  Taylor,  Rev.  Dr.  E.  I .  Hart, 
Chancellor  L.  H.  Davidson;  that  this  Committee  ar- 
range a  meeting  with  the  representatives  of  the  Jewish 
population  to  'discuss,  in  harmony  with  our  conversa- 
tions of  this  afternoon  the  educational  questions  arising 
from  the  relations  of  the  Jewish  population  to  the  Pro- 
testant Schools  of  Montreal.  It  was  agreed  that  the 
Committee  named  should  point  out  the  following 
possible  courses  open  : — 

1.  To  go  on  as  present. 

2.  To   withdraw   the   Jewish   children   from   the   Pro- 
testant Schools  and  require  a  separate  Jewish  Panel  for 
all  other  than  Roman  Catholic  and  Protestant  children. 

3.  In  case    the  Jews    secured  the    appointment    of  a 
Jewish   representative  to   the   Protestant  Board  an   In- 
junction will  at  once  be  taken  out  against  that  person. 

"On  the  evening  of  May  29th,  1917,  a  Conference  was 
arranged  with  the  representatives  of  the  Jewish  popula- 
tion and  was  held  in  the  Synod  Office.  The  Official 
Report  of  that  Committee  of  Conference  is  given  below : 

On  October  25th  the  third  meeting  of  the  Joint  Com- 
mittee was  held  to  receive  the  Report  of  the  Committee 
on  Conference  with  the  Jews  and  for  other  purposes. 
The  rough  draft  of  the  Report  was  considered,  some 
amendments  in  form  suggested  and  the  Committee  ad- 
journed to  meet  at  the  call  of  the  Chairman.  The  ad- 
journed meeting  has  been  called  for  Thursday,  Nov. 
8th,  when  reports  of  the  Conference  will  be  considered 
and  the  best  methods  of  putting  before  the  public  the 
information  necessary  for  the  formation  of  an  intelli- 
gent opinion  on  this  subject  will  be  discussed." 

Report  of  the  Conference.  When  the  Jewish  represent- 
ative found  that  their  efforts  to  secure  representation 
on  the  Protestant  Board  through  the  City  Council  had 
failed  they  then  applied  to  the  Joint  Committee  for  a 
conference  in  order  to  consider  the  whole  situation.  A 
conference  was  accordingly  arranged  to  be  held  at  the 
Synod  Hall  on  Tuesday  evening,  May  29th,  1917  at 
which  the  Joint  Committee  was  represented  by  the  Rev. 
Dr.  Bruce  Taylor,  the  Rev.  Dr.  E.  I.  Hart,  George  A. 

32 


OUR  EDUCATIONAL  PROBLEM 

Campbell,  Esq.,  K.C.,  and  the  Rev.  Dr.  Rexford,  Dr. 
L.  H.  Davidson  who  was  also  a  member  of  this  Com- 
mittee, was  detained  by  illness,  but  submitted  a  letter 
of  suggestions.  The  Jewish  representatives  were  Max- 
well Goldstein,  Esq.,  K.C.,  and  others. 

"Mr.  Goldstein  opened  the  Conference  with  a  long 
statement  in  which  he  expressed  a  preference  for  Na- 
tional Schools  with  religious  teaching  excluded,  but 
said  that  under  the  circumstances  there  was  no  desire 
to  disturb  the  Christian  Character  of  these  Schools  at 
present.  He  urged  that  as  Jews  were  paying  taxes 
and  providing  a  large  portion  of  the  children  in  attend- 
ance it  was  only  British  fair  play  that  they  should  have 
a  voice  in  the  administration  of  the  Schools.  In  the 
presence  of  an  overwhelming  French  Roman  Catholic 
majority  it  was  desirable  that  Jews  and  Protestants 
should  work  together,  perhaps  they  could  be  given  equal 
rights  in  the  schools,  each  having  its  own  religious 
teaching  at  a  common  hour. 

"He  urged  that  the  idea  of  a  separate  Jewish  panel 
with  separate  schools  for  children  of  Jews  is  not  in  the 
interests  of  the  Community  nor  in  the  interests  of  the 
Jewish  population,  as  it  is  important  that  the  Protestant 
and  Jewish  population  should  work  together  for  the 
promotion  of  the  non-Roman  Catholic  interests  of  the 
community. 

"In  answer  to  the  question  whether  the  Jewish  popu- 
lation felt  that  they  had  any  grievances  as  to  the 
manner  and  spirit  in  which  the  Protestant  Board  had 
carried  out  the  agreement  of  1903,  he  admitted  that  their 
constituency  was  well  satisfied,  and  that  any  difficulties 
that  arose  were  of  minor  importance  such  as  unwise 
remarks  of  teachers  and  the  adjustment  of  marks  in 
elective  subjects. 

"When  asked  what  practical  suggestions  they  had  to 
make  in  view  of  the  provisions  of  the  Confederation  Act, 
and  the  legal  opinion  obtained  by  the  City  Council, 
they  suggested  that  these  legal  questions  should  be  left 
in  abeyance  and  that  a  Gentleman's  aoreement  should 
be  entered  into  for  a  period  of  ten  years  by  which  two 
Jewish  representatives  should  be  appointed  on  the 
present  school  Board,  and  that  at  the  end  of  this  decade, 

33 


OUR  EDUCATIONAL  PROBLEM 

the  question  should  be  reconsidered  in  the  light  of  then 
existing  conditions.  Upon  being  pressed  as  to  the 
ultimate  issue  of  the  present  educational  condition  he 
did  not  hesitate  to  express  the  conviction  that  in  the 
near  future  Jewish  representatives  would  issue  in 
Jewish  control  and  that  the  Protestant  parents  of  this 
city  would  be  sending  their  children  to  a  system  of 
schools  administered  by  a  Board  controlled  by  Jewish 
representatives." 

Your  representatives  replied  : — 

1.  ''That  the  Jewish  population  might  rest  assured  that 
the    Protestant    rate-payers    of  the    city  would    never 
consent   to    hand   over    to  Jewish    administration    and 
control  the  splendid  educational  system  and  equipment 
which    has    been    built    upon    the    sacrifices    of    half    a 
century. 

2.  That   your   representatives  believed   that  the   Pro- 
testant population  were  prepared  to  go  forward  under 
the  compact  of  1903  as  understood  by  the   Protestant 
Board. 

3.  That  if   the  Jewish   Population   were   not  satisfied 
with    the    present    arrangements    your    representatives 
believed  that  the   Protestant  population  would  be  pre- 
pared to  co-operate  with  them   in  securing  the   repeal 
of  the  Act  of  1903  and  the  establishment  of  a  Jewish 
panel  for  School  purposes. 

4.  That  your  representatives  would  resist  by  all  legi- 
timate  means   any   attempt   to   appoint  Jewish   repres- 
entatives on  the  Protestant  Board  of  School  Commis- 
sioners of  the  City  of  Montreal  as  -contrary  to  the  speci- 
fic provisions  of  the  Confederation  Act. 

5.  That  the    charge  of    lack    of    British    fair  play    in 
resisting    the    appointment    of    Jewish    representatives 
upon  the  Montreal  Protestant  Board  cannot  be  justified 
in  the  face  of  the  following  facts : — 

(a)  That    when   the    Jewish    population    of   the   city 
were    without   means    to    provide   educational    facilities 
for  their  children   the   Protestant   Board   undertook   to 
receive  the   Jewish   children   into  their  schools  and   to 
provide  for  their  education ; 

(b)  That    in  providing   for    the    Jewish    children    the 
Protestant  Board  .granted  them  not  only  all  the  privi- 
leges enjoyed  by  the  children  of  Protestants,  but  also 

34 


OUR  EDUCATIONAL  PROBLEM 

special  privileges  because  of  their  religious  faith; 

(c)  That  a  large  amount  of  tax  from  Protestant  rate- 
payers has  been  employed  in  providing  educational  facil- 
ities for  Jewish  children  which  wouuld  otherwise  have 
been  used  in  providing  facilities  for  Protestant  children ; 

(d)  That  the  introduction  of  a  large  number  of  Jewish 
children   into  our  Protestant   schools  has  seriously  im- 
paired  the  value   of   these   schools   as   institutuions   for 
Protestant  education  and  has  led  many  Protestants  to 
withdraw  their  children  from  these  schools. 

"In  .the  light  of  these  facts  the  refusal  of  the  Pro- 
testant population  to  go  further  and  by  the  appoint- 
ment of  Jewish  representatives  on  the  Protestant  Board 
to  hand  over  the  administration  of  their  splendid  system 
of  schools  to  a  Board  which  would  eventually  be  con- 
trolled by  Jewish  representatives,  is  no  lack  of  British 
Fair  Play,  but  a  reasonable  precaution  in  the  interests 
of  self-preservation." 

After  this  conference  with  the  Jewish  representatives 
nothing  further  was  heard  of  the  proposal  to  secure 
Jewish  representation  on  the  Protestant  Board  of  School 
Commissioners.  The  Joint  Committee,  however,  con- 
tinged  its  work,  and  in  March,  1918  issued  a  small 
twelve  page  folder  giving  a  historical  sketch  of  Pro- 
testant education  in  Montreal  with  special  reference  to 
the  Jewish  problem.,  but  without  recommending  any 
definite  policy.  This  folder,  which  was  signed  on  be- 
half of  the  Joint  Committee  by  Robert  Campbell,  E.  I. 
Hart,  T.  W.  Davidson,  M.  F.  McCutcheon  and  Elson 
I.  Rexford,  was  widely  circulated  in  the  different  Pro- 
testant congregations  of  the  city. 

More  Recent  Developments 

The  phenominal  growth  of  the  Jewish  population  of 
Montreal  has  at  length  created  an  important  crisis  in 
the  working  of  the  Protestant  School  system  of  the 
city.  The  latest  returns  from  the  School  Board  show 
that  13,954  Jewish  children  are  in  attendance  at  the 
schools  under  the  Protestant  Board.  As  the  annual 
cost  of  education  under  the  Protestant  Board  is  over 
$60.00  per  capita,  the  education  of  the  Jewish  children 
of  the  city  forms  an  annual  charge  upon  the  budget  of 
the  Protestant  Board  of  Lbout  $837,240.  As  the  taxes 

35 


OUR  EDUCATIONAL  PROBLEM 

received  from  the  Jewish  rate-payers  are  quite  inade- 
quate to  meet  even  half  of  this  expenditure,  it  has  been 
felt  that  there  is  an  injustice  in  calling  upon  the  rate- 
payers of  the  religious  minority  to  bear  the  whole 
burden  of  this  extra  expenditure  for  the  education  of 
Jewish  and  other  non-Roman  and  non-Protestant 
children.  The  Protestant  Board  therefore  felt  com- 
pelled to  represent  to  the  public  and  to  the  Govern- 
ment that  while  they  had  carried  this  ever-increasing 
burden  during  the  past  twenty  years,  they  felt  that  a 
crisis  had  been  reached  where  it  was  absolutely  neces- 
sary that  some  relief  should  be  provided  for  the  Pro- 
testant minority. 

In  this  connection  the  Chairman  of  the  Protestant 
Board  recommended,  in  an  interview  given  to  the  Gaz- 
ette in  October,  1922,  that  the  provisions  of  the  act  of 
1903  regarding  Jews  be  repealed,  and  that  non-Roman 
and  non-Protestant  tax-payers  pay  their  taxes  into  the 
neutral  panel,  and  that  all  non-Roman  and  non-Protes- 
tant children  be  given  rights  of  attendance  in  the  Roman 
Catholic  or  Protestant  schools,  which  they  may  choose, 
and  that  the  cost  of  education  of  such  children  be  the 
first  charge  on  the  neutral  panel,  and  that  such  cost 
of  education  be  based  upon  the  actual  per  capita  cost 
determined  by  the  division  of  the  total  expenditure  of 
the  respective  boards  providing  the  education,  by  the 
total  enrolment  of  the  system.  This  appeared  to  be  a 
satisfactory  solution  and  it  was  received  with  general 
approval. 

In  this  connection  the  contents  of  the  three  panels  of 
city  property  for  school  taxes  1921  may  be  of  interest: — 

Panel  Valuation  Rate  Yield 

No.  1.  Roman 

Catholic 289,301,992   -         7%,  =   $2,025,113.94 

No.  2.  Protes- 
tant      161,680,031    —    10%   =   $1,616,800.31 

No.  3.  Neutral    .    250,554,931   —    \0%:  =   $2,505,549.31 


701,536,954  $6,147,463.56 

It  is  interesting  to  note    that  while    the    Protestant 

panel    and  the    Neutral    panel  pay    a  school  tax   of  10 

Mills  in  the  Dollar,  the  Roman  Catholic  panel  pays  only 

7  Mills  in  the  Dollar.     Because  of  this  fact  the  amount 

36 


OUR  EDUCATIONAL  PROBLEM 

of  school  taxes  paid  by  the  third  or  Neutral  panel  is 
much  greater  than  the  school  tax  paid  by  either  the 
Roman  Catholic  or  the  Protestant  Panel. 

Un  order  to  bring  these  facts  before  the  attention  of 
the  Quebec  Government  a.  conference  was  arranged 
with  the  members  of  the  Cabinet  at  the  close  of  1922 
at  which  there  were  present  representatives  of  the 
Roman  Catholic  Board,  representatives  of  the  Protes- 
tant Board  and  representatives  of  the  Jewish  popula- 
tion of  Montreal,  and  representatives  of  the  Protestant 
Committee.  After  much  discussion  and  consultation 
an  agreement  was  /reached  upon  the  main  points, 
and  MJ: — I*a*rrrrnteati  was  charged  with  the  responsibi- 
lity of  drafting  the  Bill.  In  conference  with  Dr.  Par- 
melee  ,  the  English  Secretary  of  the  Department  of 
Public  Instruction,  the  Bill  was  prepared — the  main 
points  of  this  Bill  may  be  briefly  summarized  as 
follows : — 

1.  The  Act  of  1903  was  repealed. 

2.  Two  systems  of  schools  were  continued  in  the  City 
of  Montreal. 

3.  All  non-Roman   Catholic  and  non-Protestant  rate- 
payers were  to  pay  their  taxes  into  the  Third  or  Neutral 
panel  at  the    rate  fixed    for  the    Second,  or  Protestant 
panel. 

4.  The  children  of  non-Roman  Catholic  and  non-Pro- 
testant parents    may  attend    either    system  of    schools 
subject  to  the  payment  of  the  prescribed  school  fees. 

5.  The  cost  of  the  education  of  the  children  of  non- 
Roman  Catholic  and  non-Protestant  parents  should  be 
paid  out  of  the  Third  or  Neutral  panel. 

When  this  proposed  Bill  came  r(p  for  consideration, 
the  Jewish  representatives  approved  of  the  new  finan- 
cial arrangement,  but  entered  a  most  emphatic  protest 
against  the  repeal  of  the  Act  of  1903,  which  they  re- 
garded as  their  educational  Magna  Charta.  After  an- 
other strenuous  conference  at  Quebec,  between  the 
parties  interested  and  the  members  of  the  Government, 
it  was  finally  agreed  that  the  financial  arrangements 
suggested  should  be  carried  out ;  that  the  other  clauses 
of  the  Act  of  1903  should  remain,  that  the  Jewish  rate- 
payers should  be  indicated  by  a  special  mark  in  the 
assessment  Roll  and  that  the  Act  of  1903  may  be  re- 

37 


OUR  EDUCATIONAL  PROBLEM 

pealed  by  Order  in  Council  after  the  first  of  July,  1924. 
Before  this  second  Bill  reached  its  final  form  the 
Jewish  representatives  secured  changes  in  the  financial 
clauses  in  favour  of  their  status  as  Protestants.  The 
main  points  of  this  second  Bill  (13  Geo.  V.,  chap.  44) 
may  be  summarized  as  follows : — 

1.  The  educational  status  of  the  Jewish  population  is 
preserved  as  under  Act  1903. 

2.  The  taxes  of  Jewish  rate-payers  are  to  be  paid  into 
the  Second  or  Protestant  panel. 

3.  The  excess  cost  of  educating  Jewish  children  above 
the  taxes  paid  in  by  Jewish  rate-payers  is  to  be  charged 
upon  the  Third,  or  Neutral  panel,  according  to  a  per 
capita  rate. 

4.  Other  non-Roman  Catholic  or  non-Protestant  rate- 
payers are  to  pay  their  taxes  into  the  Third,  or  Neutral 
panel,  and  they  may  use  either  system  of  schools,  but 
the  total  cost  of  the  education  of  their  children  is  to  be 
paid  from  the  Third,  or  Neutral  panel  at  a  per  capita 
rate. 

5.  The  Act  of  1903  may  be  repealed  after  the  first  of 
July,  1924,  by  an  Order  in  Council. 

The  following  is  a  statement  of  the  school  taxes  for 
1923  under  the  new  act. 

Panel  Rate  Valuation  Taxes 

No.  1.  Roman 

Catholics..    ..      7  Mills        $309,897,770        $2,169,128 
No.  2.  Protes- 
tant      10     "  $167,966,976        $1,671,473 

No.  3.   Neutral..     12     "  $263,763,029        $3,177,424 

Above  figures  are  given  subject  to  adjustment  of  the 
taxes  under  the  Protestant  Panel,  No.  2,  the  Jewish 
Proprietors  contribute  $368.794  while  the  cost  of  educat- 
ing the  13,954  Jewish  pupils  enrolled  with  the  Protes- 
tant Board  at  $60  per  capita  is  $837,240 

Some  Difficult  Problems 

The  problems  which  the  Jewish  educational  question 
presents  for  solution  at  the  present  time,  are  many  and 
various.  The  financial  problem,  which  was  dealt  with 
at  the  session  of  the  Legislature  1922  was  perhaps  the 
most  pressing. 

38 


OUR  EDUCATIONAL  PROBLEM 

The  school  taxes  of  the  Jewish  rate-payers,  provide 
less  than  half  the  cost  of  the  education  of  their  children. 
The  religious  minority  has,  therefore,  been  paying  from 
three  to  four  hundred  thousand  dollars  annually  in 
order  to  provide  efficient  schools  for  the  Jewish  popula- 
tion, and  in  order  to  meet  these  extra  expenses  the  Pro- 
testant school  tax  of  the  City  had  been  increasd  to  10 
Mills  in  the  Dollar,  while  the  Roman  Catholic  school 
tax  remained  at  seven  Mills  in  the  Dollar. 

While  the  Act  of  the  Legislature  of  Session  1922 
compensates  the  school  board  in  a  large  measure  for 
this  extra  expenditure,  it  still  leaves  three  different 
rates  of  taxation  for  school  purposes  on  the  rate-payers 
for  the  City  of  Montreal  namely,  10  Mills  in  the  Dollar 
for  Protestant  rate-payers,  12  Mills  in  the  Dollar  for 
Incorporated  Companies,  and  7  Mills  in  the  Dollar  for 
Roman  Catholic  rate-payers. 

A  second  problem  is  presented  by  the  status  accorded 
to  the  Jewish  population  under  the  Act  of  1903.  This 
status  is  of  doubtful  interpretation.  The  Jewish  popula- 
tion claims  that  under  this  Act  members  of  the  Jewish 
population  enjoy  the  same  rights  and  privileges  as  Pro- 
testants, and  are,  therefore,  entitled  to  representation 
on  the  School  Boards  of  the  Province.  Ihe  legal  ad- 
visors of  the  City  Council  have  declared  this  Act  ultra 
vires  as  it  contravenes  the  principles  of  the  Conderation 
Act.  In  this  opinion  other  eminent  counsel  concur.  The 
legal  aspects  of  this  question  have  naturally  attracted 
much  attention.  The  act  of  Confederation  guarantees 
to  any  class  of  the  community  that  enjoyed  the  privi-  1 
lege  of  denominational  schools  at  the  time  of  Con- 
federation the  continuation  of  these  priv:leges.  The 
Protestant  minority  in  this  Province  had  a  system 
of  Denominational  schools  in  operation  at  the  time  of 
Confederation.  In  1903  the  Local  Legislature  passed  V 
an  act  declaring  that  for  educational  purposes  all  lews 
shaU  be  regarded  as  Protestants  and  shall  enjoy  all  the 
rights  and  privileges  of  Protestants  under  the  Protes- 
ta^t  school  system. 

The  question  arises — Does  the  incorporation  of  the 
large  Hebrew  element  of  the  population  in  the  Protes- 
tants Schools  so  impair  the  value  of  these  schools 
as  institutions  for  the  training  of  children  of  Protestants 

39 


OUR  EDUCATIONAL  PROBLEM 

as  to  constitute  a  violation  of  the  guarantees  given  at 
Confederation  to  the  Protestant  minority  for  the  con- 
tinuation of  their  denominational  schools?  There  is 
important  legal  opinion  in  favor  of  this  position. 

If  for  example  the  Provincial  Legislature  should  pass 
an  Act  declaring  that  for  educational  purposes  all  English 
speaking  Roman  Catholics  should  ,be  regarded  as  Pro- 
testants and  should  enjoy  all  the  rights  and  privileges 
of  Protestants  in  the  Protestant  school  system  of  the 
Province — no  one  would  hesitate  to  say  that  siiich  an 
act  was  a  violation  of  the  guarantees  given  to  the  Pro- 
testant minority  in  this  Province  at  Confederation.  But 
if  the  incorporation  of  a  non-Protestant,  but  Christian 
element  of  the  population  is  illegal,  the  incorporation 
of  a  non-  Protestant  and  Hebrew  element  of  the  popula- 
tion with  full  rights  and  privileges  as  Protestants 
would  appear  to  be  a  greater  violation  of  the  guaran- 
tees of  Confederation. 

The  Protestant  Board  of  School  Commissioners 
demands  that  all  uncertainty  in  this  matter  shall  be  re- 
moved and  that  the  absolute  and  exclusive  control  of  the 
Protestant  Schools  of  the  City  by  a  Board  comnosed  of 
Protestant  members  be  preserved  as  guaranteed  by  the 
Confederation  Act. 

The  Jews  recognize  that  under  the  Act  of  1903  they 
have  secured  a  very  remarkable  concession  and  estab- 
lished an  educational  statins  which  differentiates  them 
from  all  other  non-Roman  and  non-Protestant  elements 
of  the  community,  and  they  are,  therefore,  utterly  op- 
posed to  the  abrogation  of  this  Act. 

Again  the  fact  that  the  Jewish  element  of  the  com- 
munity provides  a  large  percentage  of  the  "Protestant" 
school  population  has  seriously  impaired  the  reputation 
of  these  schools  as  desirable  institutions  for  the  educa- 
tion of  Protestant  children,  with  the  result  that  many 
Protestant  rate-payers  have  felt  compelled  to  turn  to 
other  institutions  for  the  education  of  their  children. 

The  large  number  of  religious  holidays  regarded  by 
the  Jews  as  "fetes  d'obligation"  seriously  interferes  with 
the  working  efficiency  of  the  Protestant  schools.  It 
aooears  that  some  agreement  was  entered  into  by  the 
Protestant  Board  in  1903  which  guaranteed  Jewish 

40 


OUR  EDUCATIONAL  PROBLEM 

pupils  from  educational  loss  through  absence  on  Jewish 
holidays. 

Another  serious  problem  presented  by  the  Jewish 
situation  is  the  question  of  employment  of  Jewish 
teachers  under  the  Protestant  Board.  The  present  act 
says  that  the  Jews  should  be  treated  in  the  same  manner 
as  Protestants,  and  that  they  should  enjoy  the  same 
rights  and  privileges  as  Protestants.  And  now  that  the 
Jewish  children  are  passing  through  our  High  Schools 
in  large  numbers  and  are  finding  their  way  to  Mac- 
donald  College  for  training  as  teachers,  the  Jewish 
population  are  demanding  that  their  young  women  shall 
be  given  situations  as  teachers  under  the  Protestant 
Board. 

It  is  said  that  at  the  present  time  there  are  about 
seventy  Jewish  teachers  so  employed.  But  the  employ- 
ment of  such  teachers  is  beset  with  many  difficulties. 
Many  of  them  being  from  a  foreign  population  speak 
English  imperfectly,  and  even  Jewish  parents,  in  brinp-- 
ing  their  children  to  the  Protestant  Schools,  often  ask 
that  they  shall  be  p1aced  under  Gentile  teachers.  More-  x 
over  in  mixed  classes  it  does  not  seem  reasonable  to 
place  Christian  children  under  direction  of  these  Jewish 
teachers. 

Again  the  question  of  religious  instruction  and  char- 
acter building  presents  serious  difficulties  in  these 
Jewish-Protestafrt  schools.  The  [first  period  of.  each 
day  in  the  elementary  schools  is  set  apart  for  religious 
instruction  and  character  'development,  specially  design- 
ed for  Protestant  pupils.  It  is  not  fitting  that  the 
Jewish  pupils  should  receive  all  of  this  instruction,  and 
it  is  most  undesirable  that  this  instruction  should  be 
given  to  a  few  Protestant  pupils  in  the  presence  of  a 
large  number  of  Jewish  pupils  who  are  simply  listeners 
and  onlookers.  Moreover  a  large  proportion  of  the 
Jewish  population  profess  to  be  very  much  concerned 
because  their  children  are  receiving  no  adequate  reli- 
gious instruction  under  the  existing  system,  and  th^'r 
point  out  that  the  special  Jewish  schools  conducted 
after  school  hours  reach  only  a  small  percentage  of  the 
Jewish  school  population.  They  ask  for  special  courses 
in  the  Hebrew  languauge  and  literature  under  special 
teachers  trained  and  appointed  by  themselves.  One 

41 


OUR  EDUCATIONAL  PROBLEM 

section  of  the  Jewish  representatives  recommends  that 
this  teaching  should  be  done  after  school  hours  and  that 
the  remuneration  of  these  special  Jewish  .teachers  select- 
ed for  this  purpose  be  undertakn  by  the  School  Board. 
These  are  some  of  the  outstanding  elements  of  the 
Jewish  educational  problem  which  face  the  Protestant 
School  Board  at  the  present  time.  It  is  not  too  much 
to  say  that  we  have  reached  a  crisis  in  the  Protestant 
educational  history  of  the  City  which  demands  the 
earnest  attention  of  well-wishers  of  the  social  life  of 
our  community. 

Additional  Legislation  Recommended. 

Another  element  which  must  be  considered  in  con- 
nection with  the  Jewish  educational  problem  is  the 
great  change  that  has  taken  place  in  the  composition  of 
the  non-Roman  and  non-Protestant  sections  of  our  City 
population.  Large  numbers  of  members  of  the  various 
Eastern  Churches  have  been  added  to  our  population  in 
recent  years,  as  well  as  numbers  from  China  and  Japan, 
etc.,  until  the  non-Roman,  non-Protestant  elements  of  the 
community,  exclusive  of  the  Jewish  population,  are 
almost  as  numerous  as  the  Jewish  population  in  1903, 
when  it  was  considered  advisable  to  secure  special 
Iegis1ation  in  order  to  meet  their  needs.  The  whole 
situation  is,  therefore,  changed  and  the  Protestant 
Board  is  asking  that  fresh  legislation  be  secured  that 
shall  cover  all  the  non-Roman  and  non-Protestant 
population  of  the  City. 

The  legislation  that  was  secured  at  the  Session  (1922) 
was  manifestly  of  a  temporary  character,  and  the  8th 
Clause  of  the  Act  provides  that  the  Act  of  1903  may  be 
repealed  by  Order  in  Council  after  the  first  of  July  1924. 

In  anticipation  of  further  discussion  of  this  important 
question  the  Protestant  Committee  appointed,  in  Sept. 
last  1923  a  Sub-Committee  to  consider  the  questions  in- 
volved, to  confer  with  parties  interested  and  to  report 
to  the  Protestant  Committee,  in  order  that  the  Com- 
mittee might  be  in  a  position  to  give  advice  if  consulted 
upon  this  matter  by  the  Government. 

,Since  the  first  of  October  last  (1923)  numerous  meet- 
ings and  conferences  have  been  held  by  the  Protestant 

42 


OUR  EDUCATIONAL  PROBLEM 

Board  of  School  Commissioners,  the  Sub-Committee  of 
the  Protestant  Committee  and  Jewish  representatives, 
concerning  the  education  of  non-Roman  Catholic  and 
non-Protestant  members  of  the  community.  The  Sub- 
Committee  of  the  Protestant  Committee  has  held  at 
le^st  ten  meetings  and  conferences  during  the  past  six 
months  upon  this  question.  During  the  progress  of 
these  negotiations  a  Bill  has  been  prepared  by  the  Protes- 
tant Board  of  Schools  Commissioners  and  presented 
to  the  Legislature.  This  Bill  of  the  Protestant  Board 
is  very  similar  in  its  main  features  to  the  first  Bill 
agreed  upon  in  1922.  The  various  conferences  held  be- 
tween the  three  interested  bodies  have  been  both  in- 
teresting and  illuminating.  The  conferences  with  dele- 
gations from  the  Jewish  population  of  the  City  have 
been  remarkaVe  for  the  ability  and  courtesy  with  which 
their  representatives  presented  their  case. 

The  main  points  which  have  emerged  in  these  discus- 
sions may  briefly  be  stated  as  follows : — The  Protestant 
Board  of  School  Commissioners  urged.,  1st,  that  they 
should  have  absolute  and  exclusive  control  of  the  Pro- 
testant School  system  of  the  City,  2ndly,  that  they  are 
willing  to  provide  educational  privileges  for  children 
of  the  non-Roman,  non-Protestant  population  of  the 
City  and  3rdly,  that  the  extra  cost  involved  in  extending 
the  privileges  of  their  schools  to  this  section  of  the 
population  must  be  borne  by  the  community  at  large 
through  the  Third  or  Neutral  Panel. 

The  School  Board  is  of  opinion  that  the  only  satisfac- 
tory way  to  provide  for  these  privileges  is  to  repeal  the 
Act  of  1903  and  provide  a  new  Bill  similar  to  that  in- 
troduced at  the  session  of  the  Legislature  (1923). 

The  Jewish  representatives  are  divided  into  two 
groups  taking  different  attitudes  towards  this  important 
question.  They  are  both  agreed  that  the  Act  of  1903 
was  a  most  erenerous  concession  on  the  part  of  the  Pro- 
testant Board  at  the  time  and  they  are  also  agreed  that 
the  Protestant  Board  has  faithfully  carried  out  its  part 
of  the  contract  of  1903  and  that  they  are  grateful  for 
what  has  been  done  in  this  connection.  They  are 
divided,  however,  as  to  the  policy  to  be  followed  for  the 
future.  The  representatives  of  the  Uptown.  West  end 
Jewish  population  are  .'n  favour  of  continuing  the 

43 


OUR  EDUCATIONAL  PROBLEM 

present  arrangement.  They  believe  that  the  difficulties 
which  occur  from  time  to  time  in  the  administration 
can  all  be  adjusted  by  conferences.  Unless  the  Pro- 
testant Board  is  contemplating  some  radical  change  in 
the  present  organization  they  are  in  favour  of  con- 
tinuing the  present  regime 

The  other  group  of  representatives,  the  East  end 
Jewish  population,  desire  to  dissolve  the  present 
compact  and  establish  Jewish  schools  under  a  separate 
Jewish  panel.  The  presentation  of  the  question  by  the 
representatives  of  this  group  was  clear,  clever  and  most 
interesting.  Their  leader,  Mr.  Fistche,  pointed  out  that 
the  schools  under  the  Protestant  Board  are  denomi- 
national schools  and  their  character  is  guaranteed  under 
the  Act  of  Confederation.  The  Fathers  of  Confederation 
guaranteed  the  rights  of  religious  minorities  and  this 
guarantee  should  be  held  sacred.  It  ill-becomes  a 
small  Jewish  minority  to  suggest  a  change  in  the  char- 
acter of  these  schools  in  order  to  meet  their  peculiar 
requirements.  Mr.  Fistche  stated  that  the  Jewish 
children  were  receiving  a  splendid  secular  education  in 
the  Protestant  Schools,  but  that  they  also  felt  the  ne- 
cessity for  religious  education  for  their  children.  He 
said  "You  Protestants  are  not  satisfied  with  the  working 
of  the  present  scheme,  and  you  are  appealing  to  the 
Legislature ;  we  Jews  are  not  satisfied  with  the  working 
of  the  present  scheme  and  we  feel  that  the  time  has 
come  when  we  must  ask  for  a  separation  for  Jewish 
schools  maintained  under  a  separate  Jewish  Panel  of 
taxation."  He  said  "You  Protestants  have  no  wish  to 
send  your  children  to  Roman  Catholic  schools  for 
obvious  reasons,  neither  are  we  satisfied  to  send  our 
Jewish  children  to  Protestant  schools  for  their  educa- 
tion. You  wish  your  children  educated  as  Protestants 
along  Protestant  lines;  we  wish  our  Jewish  children 
educated  in  Jewish  schools  along  Jewish  lines.  Your 
Protestant  schools  cannot  turn  out  good  Jews.  You 
are  restricted  in  your  religious  education  for  your  own 
children  by  the  presence  of  Jewish  children  in  large 
numbers  in  your  schools.  We  as  a  matter  of  fact,  have 
no  religious  teaching  for  our  children.  Both  religions 
are  good,  but  no  religion  is  bad.  Our  special  schools 
for  religious  teaching  meet  the  needs  of  only  a  small 

44 


OUR  EDUCATIONAL  PROBLEM 

part  of  our  population.  We  are  an  ancient  people,  we 
have  a  rich  and  extensive  literature,  we  have  traditions 
and  a  Jewish  nationality,  which  we  feel  should  be  pre- 
served. OUT  children  are  growing  up  largely  ignorant 
of  the  rich  inheritance  that  is  available,  and  we_  there- 
fore feel  that  we  owe  it  to  our  children  to  see  that  they 
are  provided  with  separate  schools  in  which  they  may 
be  made  acquainted  with  this  inheritance  from  their 
fore-fathers.  Whether  this  frank  statement  was 
"bluff"  or  a  play  for  position  was  difficult  to  determine; 
but  it  was  certainly  clear,  clever  and  courteous. 

In  answer  to  further  inquiry  as  to  the  real  nature  of 
th.»  religious  education  which  they  desire  for  their 
children,  Mr.  Fistche  said : — 1st  that  the  Jewish  educa- 
tion that  they  desired  would  occupy  at  least  one  hour 
or  one  hour  and  half  daily,  2nd,  that  it  would  include  the 
language  and  literature  of  the  Hebrew  race  together 
with  the  customs  and  traditions,  etc.,  of  their  ancient 
religion.  3rd,  that  the  ordinary  Jewish  class  teachers 
now  employed  in  these  schools  are  not  competent  to 
do  this  work  in  the  ordinary  course,  It  cannot  be 
carried  out  in  school  hours  by  the  regular  grade  teachers 
as  is  done  at  present  with  the  religious  education  given 
to  Protestant  children.  4th,  that  the  religious  educa- 
tion which  they  require  for  their  children  must  be  given 
by  specially  trained  Jewish  teachers  who  might  do  the 
work  after  school  hours,  and  they  indicated  that  if  the 
present  scheme  was  to  be  continued  the  expenses  of 
these  special  Jewish  teachers  might  be  borne  by  the 
Protestant  Board. 

The  attitude  of  this  second  group  became  less  defi- 
nite, however,  as  the  discussion  proceeded.  They  in- 
timated that  if  the  Protestant  Board  contemplated  no 
radical  change  in  the  present  order  of  things,  the 
present  scheme  might  be  continued  provided  special 
provision  was  made  for  Jewish  religious  education. 

The  members  of  the  Sub-Committee  of  the  Protestant 
Committee,  representing  as  they  do  the  Protestant 
educational  interests  of  the  who1e  Province,  naturally 
approach  this  question  from  a  somewhat  different  angle. 
Being  more  intimatelv  associated  with  the  Government 
and  the  Legislature  they  are  naturally  more  concerned 
with  the  probable  reaction  of  the  Government  and  the 
Legislature  to  the  proposed  legislation. 

45 


OUR  EDUCATIONAL  PROBLEM 

The  Sub-Committee  of  the  Protestant  Committee 
gave  its  general  informal  approval  to  the  contents 
of  the  several  sections  of  the  proposed  Bill,  1923,  but 
suggested  that  an  effort  >be  made  to  secure  these  results 
through  amendments  to  the  present  Acts  rather  than 
by  a  repeal  of  the  Act  of  1903.  This  attempt  brought 
out  into  clear  light  the  fact  that  the  only  effective  way 
of  dealing  with  the  ultra  vires  clauses  of  the  Act  of 
1903  is  by  repealing  them,  as  provided  by  Section  8  of 
the  Act  of  1922. 

It  is  maintained  that  it  is  impossible  for  the  Legisla- 
ture to  give  the  Jewish  population  all  the  rights  and 
privileges  of  Protestants  in  educational  matters  with- 
out destroying  the  Protestant  denominational  character 
of  the  schools  of  the  religious  minority  in  contraven- 
tion of  the  principles  of  the  Act  of  Confederation.  The 
most  that  can  be  done  for  the  Jewish  population  under 
existing  conditions  is  to  provide  standard  educational 
privileges  for  the  children  of  the  Jewish  population 
under  certain  conditions.  It  is  held  therefore  that  the 
Act  of  1903  must  be  repealed.  Section  8  of  the  Act  of 
1922  provides  a  short  method  of  doing  this  by  Order 
in  Council. 

The  Protestant  Board  of  School  Commissioners  in- 
troduced a  Bill  at  the  Session  of  the  Legislature  1923 
which  proposed  to  secure  this  repeal  by  regular  action 
of  the  Legislature.  Repeated  conferences  between  the 
members  of  the  Protestant  Board  and  representatives 
of  the  Protestant  Committee  failed  to  discover  any  more 
satisfactory  solution  of  the  present  situation. 

During:  these  discussions  of  the  Jewish  educational 
problem  certain  outstanding  questions  have  arisen  con- 
cerning which  there  has  been  much  discussion.  First, 
it  is  urged  very  strongly  that  it  is  unfair  that  the  Jewish 
population  should  be  taxed  for  the  support  of  schools 
without  having  representation  on  the  Board  of  School 
Commissioners.  To  this  it  may  be  replied  that  the  Pro- 
testant Board  of  School  Commissioners  has  no  power 
of  taxation ;  that  it  is  an  administrative  Commission, 
appointed  bv  two  elective  bodies,  namely,  the  Legisla- 
ture at  Quebec  and  the  City  Council  of  Montreal ;  that 
one  of  these  elective  bodies  has  the  power  of  determin- 
ing the  standard  of  taxation,  and  for  this  body  the 

46 


OUR  EDUCATIONAL  PROBLEM 

Jewish  population  has  the  right  of  voting  and  of  re- 
presentation; that  the  school  taxes  are  actually  levied 
and  collected  by  the  second  elective  bodv,  the  City 
Council,  for  which  the  Jewish  population  has  votes  and 
representation.  The  Protestant  Board  of  School  Com- 
sioners  is,  therefore,  an  administrative  Commission 
without  power  of  taxation,  appointed  by  elective  bodies 
to  do  certain  definite  work  for  them.  There  is  no  case 
here  of  taxation  without  representation. 

In  the  second  place  a  separate  school  panel  has  been 
suggested  as  a  solution  of  the  present  difficulties.  At 
first  sight  this  appears  a  simple  solution  of  the  situa- 
tion, and  would  be  welcomed  by  a  large  section  of  our 
Protestant  population,  but  it  would  not  be  in  the  in- 
terests of  the  community  at  large,  and  it  is  probably 
not  practicable  at  the  present  time.  The  Jewish  popula- 
tion now  provide  about  40%  of  the  children  of  the  Pro- 
testant schools,  while  they  pay  only  about  20%  of  the 
school  tax.  In  other  words,  they  would  require  to 
double  their  school  tax  in  order  to  maintain  efficient 
schools.  Again  the  establishment  of  a  separate  panel 
for  Jewish  rate-payers  would  involve  a  complete  or- 
ganization for  a  Jewish  system  of  schools  from  the 
Department  of  Public  Instruction  through  the  Protes- 
tant Committee,  school  inspectors,  Normal  training 
school  and  boards  of  school  commissioners.  The  'Gov- 
ernment and  the  French  Roman  Catholic  majority  of 
the  Province  find  great  difficulty  in  managing  two 
systems  of  schools  for  the  Province  under  the  existing 
law,  and  they  would  be  strongly  opposed  to  face  the 
additional  difficulties  and  implications  involved  in  the 
organization  and  administration  of  a  third  system  of 
schools. 

In  view  of  the  serious  difficulties  involved  in  this 
suggested  solution  of  the  Jewish  educational  problem, 
some  believe  that  we  should  organize  at  once  a  move- 
ment looking  to  the  establishment  of  national  schools 
and  the  consequent  repeal  of  the  educational  provi- 
sions of  the  Act  of  Confederation.  The  logical  force 
of  such  a  recommendation  naturally  makes  a  strong 
appeal,  but  when  we  consider  more  carefully  what  is 
involved  in  the  effort  to  secure  National  schools  for 
this  Province  with  the  religious  element  eliminated  and 

47 


OUR  EDUCATIONAL  PROBLEM 

one  language  adopted  as  the  dominant  language  of  the 
schools,  and  when  we  consider  the  possibility  of  secur- 
ing an  amendment  to  the  Confederation  Act  upon  those 
educational  questions  which  have  proved  most  critical, 
most  contentious  and  most  bitter  in  the  general  admin- 
istration of  the  Provinces  it  is  a  brave  heart  that  will 
face  these  suggestions  as  a  possible  solution  of  our 
present  difficulties. 

In  this  discussion  much  has  'been  made  of  the  fact 
that  the  school  taxes  from  Jewish  rate-payers  are  not 
sufficient  to  cover  the  cost  of  the  education  of  children 
of  Jewish  parents  and  that  the  excess  has  to  be  made 
up  from  the  school  taxes  of  other  sections  of  the  Com- 
munity. This  is  not,  however,  a  unique  situation. 
There  are  many  sections  of  the  city  of  Montreal  whose 
school  taxes  do  not  cover  the  cost  of  the  education  of 
their  children.  Our  school  system  is  based  upon  the 
principle  that  the  real  estate  of  the  City  is  responsible 
for  the  cost  of  education  of  the  children  of  the  City. 

The  real  injustice  arises  from  the  fact  that  the  small 
Protestant  minoritv  in  the  City  has  been  charged  with 
the  financial  responsibility  of  providing-  educational 
facilities  for  the  children  of  a  rapidly  increasing  Jewish 
population  whose  school  taxes  are  inadequate  to  meet 
the  cost  of  their  education.  If  this  cost  of  Jewish 
education  were  distributed  over  all  the  real  estate  of  the 
City  all  injustice  would  be  removed.  The  new  provi- 
sion of  the  Act  of  1922  which  makes  the  Third  or 
Neutral  Panel  responsible  for  this  excess  of  school  ex- 
penditure has  in  some  measure  removed  this  injustice. 

We  might  reasonably  expect,  however  that  as  the 
school  taxes  from  Jewish  rate-payers  are  quite  inade- 
quate to  meet  the  cost  of  the  education  of  the  Jewish 
children  that  the  Jewish  population  would  be  moderate 
in  their  demands  upon  the  Protestant  Board.  As  a 
matter  of  fact,  however,  they  are  asking  for  their 
children  greater  privileges  than  those  enjoved  by  Pro- 
testant children.  iFor  example,  they  claim  that  the 
grade  teachers  of  the  Jewish  faith  cannot  give  satisfac- 
tory religious  instruction  to  their  Jewish  pupils.  Such 
instruction  must  be  given  by  specially  trained  teachers 
prepared  and  appointed  by  the  Jewish  authorities,  but 
paid  by  the  Protestant  Board,  whereas  the  best  that 

48 


OUR  EDUCATIONAL  PROBLEM 

we  are  able  to  do  for  Protestant  children  is  to  provide 
them  with  such  moral  and  religious  instruction  as  the 
regular  grade  teachers  are  able  to  impart. 

:We  have  apparently  reached  a  crisis  in  the  educa- 
tional history  of  the  Province  which  deserves  the  most 
careful  consideration  of  all  who  are  interested  in  the 
development  of  our  social  life. 

The  Bills  submitted  to  the  Legislature  by  the  Pro- 
testant Board  of  School  Commissioners  present  a  well 
denned  policy. 

First — The  Protestant  Board  asks  to  be  placed 
in  full  and  undivided  control  of  the  Protestant  Schools 
of  Montreal  as  guaranteed  by  the  Confederation  Act. 

Secondly— They  ask  that  the  Act  of  1903  be  repealed, 
as  it  is  intolerable  that  a  School  Board  conducting  large 
financial  transactions  should  be  operating  under  an  act 
that  has  been  declared  ultra  vires  by  eminent  jurists. 

Thirdly — They  are  prepared  to  provide  for  Jewish 
children  an  education  in  respect  to  efficiency  and  quality 
equivalent  to  that  provided  for  Protestant  children. 

Fourthly — That  in  order  to  protect  the  interests  of 
Protestant  children  in  relation  to  Jewish  holidays  and 
moral  and  religious  instruction  it  is  necessary  to  arran- 
ge that  certain  classes  and  certain  schools  shall  be  ex- 
clusively Protestant  or  exclusively  Jewish. 

Fifthly — That  the  excess  cost  of  the  education  of  all 
non-Roman  Catholic,  non-Protestant  children  shall  be 
a  first  charge  upon  the  Third  or  Neutral  Panel. 

This  programme  has  received  very  general  approval 
as  a  generous  and  effective  solution  of  a  somewhat 
acute  and  complicated  situation.  In  the  Conferences 
of  1922  it  received  the  support  of  representatives  of  the 
Roman  Catholic  Board  of  School  Commissioners,  of 
the  Protestant  Board  of  School  Commissioners,  of  re- 
presentatives of  the  Protestant  .Committee,  and  of  sev- 
eral representatives  of  the  Jewish  population 

The  sub-Committee  of  the  Protestant  Committee  ap- 
pointed in  1923,  expressed  informally  its  general  appro- 
val of  the  main  provisions  of  the  Bill,  but  out  of  respect 
for  strong  representations  attempted  to  secure  the  same 
results  by  Amendments  to  the  existing  Acts. 

When  the  matter  came  before  the  Protestant  Com- 
mittee no  action  was  taken  upon  the  merits  of  the  pro- 

49 


OUR  EDUCATIONAL  PROBLEM 

posed  legislation,  but  in  view  of  the  wide  difference  of 
opinion,  both  within  and  without  the  Committee,  the 
Protestant  Committee  recommended  that  no  action  be 
taken  on  this  question  at  the  then  current  session  of 
the  Legislature.  Unless  the  Jewish  population  are  pre- 
pared to  avail  themselves  of  these  generous  proposals 
of  the  Protestant  Board  there  appears  to  be  no  practi- 
cal alternative  but  the  establishment  of  a  third  or 
Jewish  system  of  schools  in  this  Province,  to  the  great 
disadvantage,  not  only  of  the  Jewish  population,  but 
of  the  whole  community. 


50