Leake, W. E. Marmion, W. S. Pearse, W. Padbury, J. H. Monger, G. Shenton, R. Gale, J. G. Lee-Steere, Sir T. C. Campbell, R. S. Hamersley, and T. Burges. In 1878 the following gentlemen were elected to fill vacancies:— S. H. Parker (Perth), E. R. Brockman (Swan), T. C. Carey (Vasse), and C. Harper (North District). In 1876, the Speaker of the Legislative Council, Luke S. Leake, was knighted, and a similar honour was conferred on Judge Burt in 1874.
Among the matters of historical importance considered by the Legislative Council in 1869-78 were those of education, land laws, municipalities, and public works. Members wasted no time in taking advantage of the powers vested in them, and made earnest attempts to get level with advancement in the other colonies. In 1848 the Government schools were placed under the control of a committee, and in 1856 a General Board of Education was appointed, composed of the Colonial Secretary (chairman), the Bishop of Perth, and a clergyman from the Wesleyan, Congregational, and Roman Catholic bodies, with a paid secretary. The Roman Catholics, however, refused to co-operate, and difficulties arose similar to those experienced elsewhere. This general board was assisted by local committees in the principal districts; an inspector visited the schools periodically. The Government schools were free to necessitous persons, but a slight payment was required from those who could afford it. Numerous schools were established in the country districts, but according to Mr. W. H. Knight (Western Australia, 1870), the average standard of proficiency among the children was not high. Three causes led to this result:—(1) The difficulty of obtaining efficient masters and mistresses owing to the small salaries usually attached to the office; (2) the value of the labour of children to their parents, even at an early age, by which they were taken from school before they attained any great proficiency; and (3) a widely scattered population rendering regularity of attendance difficult. In the 1870 Government census there were 55 schools with 2,188 scholars in the colony.
An annual grant for educational purposes was made by the Government. The Catholic members of the community had for years been dissatisfied with the basis upon which this was allotted, and in August, 1869, petitioned the Legislative Council for a separate portion of the grant. The Council, after debating the question, rejected it. Two meetings were thereupon held at the Roman Catholic Cathedral, Perth, when a petition was drawn up for presentation to the Secretary of State, praying him to direct that a proportionate amount of the Educational Grant on the Estimates for the ensuing year be allotted for the maintenance of the schools of the petitioners. The Secretary of State preferred to leave this question to be determined by colonists, and at the first elections under Representative Government it was advocated and agitated with some degree of excitement. Indeed, the election of one or two members turned on the educational difficulty. It was among the first subjects of debate after the meeting of the House; the Colonial Secretary favoured a separate Educational Grant to the Roman Catholic schools, but a motion to that end was defeated by a two-thirds vote.
The subject was not allowed to drop. During ensuing months education, next to tariff reform, was the absorbing topic of conversation throughout the colony, whether on the platform or at the table, in the towns or on the country farms. So great was the interest that one might have thought that the destiny of the colony was hinged on the settlement of the education question. In the second session of the new Council (1871) the Elementary Education Act (35 Vic, No. 14) was passed. Under its provisions the Government schools confined their efforts to secular education, while the schools founded by voluntary efforts by religious denominations could be assisted by Government aid to the amount of the income derived from fees or other contributions. Instruction in the Government or "general" schools occupied four hours in the day, but religious training, for one hour, could be given at the beginning or end of the day's studies; any scholar had the privilege of attending this course or not, as he or she wished. The inspectors of schools were not to enquire into or examine the pupils in religious knowledge or in any religious subject or book. The Act defined the lines where secular instruction ended, and positively prohibited all interference of any one sect with the religious tenets of another in the schoolroom during the time the children were recipients of the instruction afforded by the State. All children between the ages of six and fourteen years were required to attend school, unless residing beyond three miles from the school. The constitution of the Central Board was altered; the Colonial Secretary still remained the chairman, but the other four members were laymen appointed by the Governor for three years, no two of whom being of the same religious denomination. This board had supervision over all schools receiving Government aid (in secular instruction only), and generally administered the executive functions of the Act. Local boards were established and made subject to its control, and consisted of five members elected for three years by the inhabitants of the different districts. The sum of £6,181 was placed on the Estimates of 1871 for educational purposes.
This measure gave general satisfaction, and beyond slight amendments continued in force until 1895. The curriculum was not of a high standard, a fact which, probably, could not possibly be helped by colonists, considering the numerous calls upon a limited exchequer. The Bishop's School languished for want of sufficient support, and in 1876 a bill was passed, and a grant made by the Legislative Council, for the establishment of a High School. Under the Act a council was appointed to organise this institution, which was opened at Perth on 1st March, 1878. Mr. Richard Davies, B.A., was the first head master, and Mr. E. W. Haynes, assistant master. In 1878 there were twenty-one assisted schools in the colony—eighteen of the Roman Catholic Church, and three of the Church of England.
The old debateable subject of land laws was considered by the representative Council early in its history. New regulations were submitted in 1871, which provided that all land fit for agricultural purposes be reserved for sale as agricultural areas. The price of agricultural lands was fixed at 8s., payable in annual instalments of 1s. per acre under conditions of improvement and occupation by purchaser, tenant, or agent. Councillors would have reduced the sum, but were dissuaded by Governor Weld, who thought Earl Kimberley, the Secretary for the Colonies, would object. By Regulation 28 the area of ordinary rural sections was fixed at 100 acres, but smaller lots of from 5 to 100 acres could, under special conditions, be granted for garden purposes. All other unreserved lands could be sold at a less price under special circumstances. Pastoral lands were leased out for twenty-one years at low rents, and encouragement was given to the lessees to improve them. For clearing and fencing poison lands an ultimate right of fee-simple was offered. New regulations were issued for mineral lands.
