relatively larger, the amount was divided in proportions corresponding
to the number of pupils in each class of schools. Now, in 1890, this
system was completely swept away and replaced by a single system of
state-supported schools. At first it had been the intention to make
them entirely secular, but in the end provision was made for some
non-denominational religious teaching. Any Catholic who did not wish
to send his children to such a school would be compelled to pay for the
support of a school of his own, besides paying taxes for the general
school system.
The Catholics, first under Archbishop {160} Tache's firm but moderate
guidance, and later under Archbishop Langevin's crusading leadership,
demanded redress. The provincial authorities would not change their
policy. It was thought that the constitution provided ample protection
for a religious minority deprived of its rights. The provision was
three-fold. First, the Dominion Government might disallow the
offending act. But the Dominion Government saw fit not to exercise
this right, preferring to leave the matter to the courts, if possible.
Secondly, there was the provision of the Manitoba Act forbidding the
province to take away any rights as to denominational schools possessed
by any class of persons at the union. Test cases were brought and
elaborately argued in the courts. The Supreme Court held that the
privilege of paying only for one's own denominational schools existed
at the union, and had been infringed. The Privy Council reversed this
judgment, holding that Catholics were still free to support schools of
their own, and that this was the only privilege which they had before
possessed.
There was still a third string to the bow--the appeal to the
governor-general in council, the Dominion Government, to pass remedial
{161} legislation. Here again the Supreme Court and the Privy Council
differed. The Supreme Court held, but not unanimously, that no right
of federal intervention existed; but the Privy Council maintained, as
the last word in the case, that the Dominion had power to intervene.
This decision put the question squarely before the Bowell Government.
It was a difficult situation. An administration drawing its chief
strength from Ontario, and headed by a prominent Orangeman, was called
upon by the Catholic authorities to use its powers to compel a
determined province to change its policy or, in default, to pass a
federal law rest
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