Educational Endowments (Ireland) Commissioners: final report, minutes of evidence and appendices

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EDUCATIONAL ENDOWMENTS (IRELAND) COMMISSION, 

1892-93. 

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MINUTES OF EVIDENCE. 

PUBLIC SITTING—WEDNESDAY, OCTOBKR 19, 1892. 

At tlm Four Courts, Dublin. 
prege]1t: The Right Hon. 
Lord Justice FitzGibbon and the Right Hon. 
Mr. 
Justice O'Brien, 

Judicial Commissioners; and the Right Rev. 
Gerald Molloy, d.d., 
d.sc., 
Anthony Traill, Esq., 
ll.d., 
M.D., 
f.t.c.d., 
and Rev. 
H. 
B. 
Wilson, d.d., 
Assistant Commissioners. 

N. 
D, Murphy, m.a., 
Secretary, and F. 
Redmond, B.A., 
Assistant Secretary, 

were in attendance. 

Oct. 
13, 1892. 

SOHEME No. 
144—ERASMUS SMITH'S ENDOWMENTS (OBJECTIONS AND AMENDMENTS.) 
Edward Carson, Q.c., 
m.p., 
George Wright, Q.c., 
and W. 
M. 
Jellett, Barrister-at-Law (instructed by Messrs. 
Maunsell and Sons, Solicitors), appeared for tho Governors of the Schools founded by Erasmus Smith, Esquire. 
W.H. 
Dodd, q.c., 
and & I. 
Brown, Barrister-at-Law (instructed by James Henry, Solicitor), appeared for the Intermediate Education Committee of the General Assembly of the Presbyterian Church. 
G. 
L. 
Matheson, q.o. 
(instructed by J. 
II. 
Nunn, Solicitor), appeared for the Provost, Fellows, and Scholars of Trinity College, Dublin. 
W. 
M. 
Jellett, Barristor-at-Law (instructed by J. 
II. 
Nunn, Solicitor), appeared for the Governors of the Hospital and Free School of King Charles If, Dublin. 
Eev. 
David Humphry s, O.o., 
appeared in person on behalf of the Children of the Tenants of Erasmus Smith's Estates in Limerick and Tipperary. 
Rev. 
If. 
Nicholas, ».«., 
appeared on behalf of tho Methodist Conference. 
Rev. 
L, P. 
T. 
LedovT, Incumbent of Calry, appeared in person on behalf of the Children of the Protestant Tenants of Erasmus Smith's Estate in Sligo, 1. 
Lord Justice FwzOnrooN,—Foltowing the course which we have taken hitherto, in tho exercise of our powers under the "Educational Endowments Act, 1885," we have appointed this sitting under the 22nd section of our Act as a public inquiry, concern¬ ing the subject matter of the Draft Scheme which lias "been published for the future management of the Educational Endowmont founded by Erasmus Smith. 
Under that section, in all important or controversial cases, we have held our inquiries collectively; but our functions will become divided at the conclusion of the present inquiry, because tho 23rd section pro¬ vides that after tho holding of this inquiry the Judicial Commissioners shall proceed to consider the objections *Mch have been made to tho Draft Scheme, ^d any amendments proponed therein, aud there¬ upon they shall, if they think fit, frame a Scheme in such form as they shall think expedient, and submit it for the approval of the Lord Lieutenant in Council. 
There is also a provision applicable in the present case, that when a Draft Schemo has been submitted by tho governing body of an endowment, before the publica¬ tion of our Draft Scheme by us, such Scheme musb, if Jecprired, go along with ours before the Lord Lieu¬ tenant in Council. 
It is, therefore, to bo understood, that vrhile, during the present inquiry, wo have tho assistance of the full body of the Commission, the ftMmn.,..2<l.;i..|. 
t , % T ' 1 

Scheme can be submitted, unless it is signed by both the Judicial Commissioners; and, if we do not both think it, expedient to settle any Scheme, or if we are unable to agree that any particular Scheme is expedient, the result would appear to be the negative one of leaving matters as they are. 
With a view to shorten¬ ing the consideration of what, in any view, is a complicated subject, I shall follow the precedent of the case of the Royal Schools, by stating, aa shortly as I can, and with as few controversial remarks as possible, the facts of the case, the history of the Draft Scheme, tho objections made and the amendments proposed ; and, lastly, the course which we propose to follow at the present inquiry. 
1 do not pretend to state all the facts fully. 
I shall endeavour to state the more important matters as they have presented themselves to us; if there is anything that the parties desire to supplement;, they will kindly do so j and above all, if there is any matter as to which we are under any misapprehension, we wish it to be corrected. 
With the exception of one small rent-charge, which appears to be held upon a special trust for a school at Ardee, all the property now administered by the 

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Schools is. 
I believe, Governors of Erasmus Smith s Schools is, derived from Erasmus Smith himselt. 
Erasmus Smith appears to have been an Alderman 

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„T j \irA hive done all we could, to *sponsibility devolves exclusively upon my judicial of the city of London, wena 

^ ^ 'olkague and myself afterwards to consider what is to trace the history of the i0l^r'f Ms naj._. 
,.."....-
. 
. 
. 
, endowment: ana we nave even. 
^JU " tv 

, S which'has not appeared ^'mg the pubksbed papers before. 
Wo have endeavoured also to trace 

redone, and, if we think fit, to frame a Scheme in such torm as we think expedient, and submit it for the approval of the Lord Lieutenant in Council. 
No