ssed by the provincial legislature in relation to common schools on
the ground that it was an infringement of certain rights which they
enjoyed as a religious body at the time of confederation. The question
not only came before the courts of New Brunswick and the Canadian house
of commons, but was also submitted to the judicial committee of the
imperial privy council; but only with the result of showing beyond
question that the objectionable legislation was clearly within the
jurisdiction of the legislature of New Brunswick, and could not be
constitutionally disallowed by the Dominion government on the ground
that it violated any right or privilege enjoyed by the Roman Catholics
at the time of union. A solution of the question was, however,
subsequently reached by an amicable arrangement between the Roman
Catholics and Protestants, which has ever since worked most
satisfactorily in that province.

The Manitoba school question, which agitated the country from 1890 until
1896, was one of great gravity on account of the issues involved. The
history of the case shows that, prior to the formation of Manitoba in
1870, there was not in the province any public system of education, but
the several religious denominations had established such schools as they
thought fit to maintain by means of funds voluntarily contributed by
members of their own communion. In 1871 the legislature of Manitoba
established an educational system distinctly denominational. In 1890
this law was repealed, and the legislature established a system of
strictly non-sectarian schools. The Roman Catholic minority of the
province was deeply aggrieved at what they considered a violation of the
rights and privileges which they enjoyed under the terms of union
adopted in 1870. The first subsection of the twenty-second section of
the act of 1870 set forth that the legislature of the province could not
pass any law with regard to schools which might "prejudicially affect
any right or privilege with respect to denominational schools which any
class of persons have, by law or practice, in the province at the time
of union." The dispute was brought before the courts of Canada, and
finally before the judicial committee of the privy council, which
decided that the legislation of 1890 was constitutional inasmuch as the
only right or privilege which the Roman Catholics then possessed "by law
or practice" was the right or privilege of establishing and maintaining
for the