"The attention of the new provincial legislature was at once directed to the condition of the elementary schools. The Government decided to supersede the old voluntary system by one of State-aided schools, which, however, were still to be scrupulously denominational in character. The legislature simply took the educational system as it found it and improved it by assistance from public funds. Thus it was arranged that the annual public grant for common school education was to be appropriated equally between the Protestant and the Catholic schools. … The only important amendment to this Act was passed in 1875, and provided that the legislative grant, instead of being divided between the Protestant and Catholic schools as heretofore, should in future be distributed in proportion to the number of children of school age in the Catholic and Protestant districts. Already immigration had begun to upset the balance of numbers and power, and as the years went on it became evident that the Catholics were destined to be in a permanent minority in Manitoba. This trend of immigration, which in 1875 made legislation necessary, has continued ever since; and to-day the Catholics of the province number only 20,000 out of a total population of 204,000. No further change was made in the educational system of Manitoba until the memorable year of 1890. In that year the provincial legislature boldly broke all moorings with the past, and, abolishing the separate denominational schools, introduced a system of free compulsory and unsectarian schools, for the support of which the whole community was to be taxed. … To test the legality of the change, what is known as Barrett's case was begun in Winnipeg. It was carried to the Supreme Court of Canada, and the Canadian judges by a unanimous decision declared that the Act of 1890 was ultra vires and void. {60} The city of Winnipeg appealed to the Privy Council, and that tribunal in July 1892 reversed the decision of the Canadian Court and affirmed that the Act was valid and binding. … The second subsection of the 22nd section of the Manitoba Act already quoted says: 'An appeal shall lie to the Governor-General in Council from any Act or decision of the legislature of the province, or of any provincial authority, affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to education.' But if the legislation of 1890 was intra vires, and expressly declared to be so on the ground that it had not prejudicially affected the position which the minority held at the time of the Union, how could there be an appeal from it? … The Governor-General, however, consented to refer the question as to his jurisdiction to the courts of justice. What is known as Brophy's case was begun, and in due course was carried to