House of Commons
Thursday, July 24, 1884
MINUTES.]—SELECT COMMITTEE— Special Report —Police and Sanitary Regulations [No. 298]; Agricultural Labourers (Ireland), Mr. Rathbone disch., Mr. Cheetham added.
SUPPLY— considered in Committee —CIVIL SERVICE ESTIMATES—CLASS III.—LAW AND JUSTICE—Votes 3 to 13.
Resolutions [July 22, 23] reported.
PUBLIC BILLS— Ordered — First Reading —Expiring Laws Continuance * [306].
First Reading —Supreme Court of Judicature Amendment* [307].
Referred to Select Committee —Ulster Canal and Tyrone Navigation * [244].
Special Report of Select Committee —Church Patronage * [No. 297]; Church Patronage (No. 2)* [251].
Committee —Superannuation [146]—R.P.; Public Works Loans [299]—R.P.
Committee—Report —Pier and Harbour Provisional Orders ( re-comm. )*[259].
Committee—Report—Third Reading —Prisons* [293]; Teachers' Residences (Ireland) * [288], and passed.
Considered as amended—Third Reading —Municipal Elections (Corrupt and Illegal Practices) [252], and passed.
Third Reading —Indian Marine * [291], and passed.
Withdrawn —Marriages Legalisation * [237].
Questions
Questions
Poorlaw(Ireland)—Dr. Calaghan, Medical Attendant, Nenagh Union Dispensary
asked the Chief Secretary to the Lord Lieutenant of Ireland, What action the Local Government Board have taken upon a request made to them by Mr. John M'Cormack, carpenter, of Nenagh, county Tipperary, to the effect that Dr. Calaghan, the medical attendant of the Nenagh Dispensary District of the Nenagh Union, having been served with a red ticket on Friday the 29th May last, which made it his duty to visit immediately Alice M'Cormack, the daughter of the complainant, a girl who was lying at that time dangerously ill, the said Dr. Calaghan allowed four days to elapse, and did not visit the girl until Monday the 2nd of June?
In this case the Local Government Board called upon the dispensary doctor for an explanation; and it appears that, though he admits the red ticket may have been left with him, he can find no trace of it. There was no neglect or forgetfulness on his part. He passed the house of the sick child's parents twice on the day on which the ticket is believed to have been left with him, and could have called without any inconvenience to himself, if aware that he was wanted. The doctor had previously to this occurrence, and also after it, prescribed for the child, who is now quite well.
Royal Irish Constabulary—The Licensed Trades of Killeshandra
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he has received a memorial from the licensed trades of Killeshandra, complaining of the constabulary bringing quite a number of charges before the Petty Sessions Court which Mr. T. D. Gibson, R.M. decided were unsupported by evidence; and, if so, will he say whether he proposes to take any, and, if so, what action in the matter?
Sir, several complaints have been made, and are being inquired into. The matter is one which requires and shall receive full investigation.
Sale of Intoxicating Liquors on Sunday (Wales) Act—Operation of the Act
asked the Secretary of State for the Home Department, Whether it is a fact, as reported in the last number of Truth, that the Mayor of Wrexham has stated that drunkenness had trebled since the Sunday Closing Act (Wales) came in force; and, whether a Police Inspector there stated that, on the previous Sunday, nearly half the people were drunk?
I have received two letters on this subject—one from the Mayor, who says he expressed a personal opinion much to the effect stated in the Question; the other from one of the Justices to say that the other Justices present did not concur; and they seem to think that the Mayor's views were not unnaturally influenced by his own professional pursuits.
Industrial Schools (Ireland)
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the refusal of the County Tipperary Grand Jury of the South Riding at the recent assizes to grant any contributions towards the maintenance of children in industrial schools?
The secretary to the Grand Jury informs me that no application was made for a presentment under the Act; but that a gentleman asked the Grand Jury to give some assurance that money would be granted at a future Assizes to a school which is not yet in existence. The reply was that the Grand Jury could not pledge any future Grand Juries, and the foreman declined to pledge himself personally.
Poor Law (Ireland)—Election of Guardians, Carmeen Division, Cootehill Union—The Inquiry
asked the Chief Secretary to the Lord Lieutenant of Ireland, If it has come under his notice that, at the sworn inquiry in Cootehill Workhouse on the 8th instant, relative to the validity of the late election for Carmeen Division, Mr. Armstrong, Local Government Board Inspector, formally ruled that the solicitor for Mr. Owen McCabe, defeated candidate, had no right to an inspection of the claims under Form A 1 to the votes given to which he objected; will any steps be taken to remedy the injury done to the case of Mr. McCabe by their non-production; is it the fact that, at the same inquiry, it transpired that Vaughan Montgomery, Esq. J.P., Crilly, Aughnacluy, county Tyrone, lodged a claim to vote as lessor of Patrick McCabe, Mountain Lodge, on a valuation of £19 10 s. , and that, by the sworn evidence of Mr. P. McCabe, his lease, and rent receipts, it was proved that Mr. Montgomery had no interest, directly or indirectly, in this holding; and, will he ask this magistrate for an explanation of the filing of this claim.
The Local Government Board consider that their Inspector was wrong in refusing to permit an inspection of the claims referred to. They have so informed the Inspector; and they have told Mr. M'Cabe that, if he desires it, the inquiry shall be reopened to afford him an opportunity of inspecting them. Mr. Montgomery has been written to on the subject of his claim; but his explanation has not yet been received. On such an inquiry I presume that it will be competent for anyone to proceed, and make of Mr. Montgomery any inquiries desired.
There are two points in the Question—the first that of forgery, which is one for the Government; and I presume there is a question for the Lord Chancellor as to whether he will supersede Mr. Montgomery.
said, that he believed if an offence was proved the party would be open for prosecution and a fine of £10.
Poor Law (Ireland)—Election of Guardians—Edenderry Union, King's County
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the attention of the Local Government Board has been called to the fact that, at the Poor Law election held in March for Edenderry Division, Edenderry Union, King's County, Lord Arthur Hill was allowed to record six votes, although the name of Lord A. Hill does not appear on the rate book, or in any of the legal documents used in the Land Commission Court in the proceedings with the tenants living on that part of the estate out of which Lord A. Hill claims to vote; whether the clerk of the Union, who acted as returning officer, allowed the Trustees of the Marquess of Downshire to record ten votes more than they were entitled to; whether the clerk compelled the rate collector to give a receipt to a son of one of the candidates, who was then allowed to vote out of a portion of his father's laud, not being an occupier, and still living in his father's house, and having no more claim than the other children; whether the votes of several tenants were disallowed on the ground that they owed seed rate, although all the seed rate due to the Union was, long before the election, wiped out by a Resolution of the Board of Guardians; whether the Local Government Board have arrived at any decision yet after four months' consideration; and, whether they will grant a sworn investigation, or allow the same person to act as returning officer at future elections?
I am informed that the proxy of Lord Arthur Hill was allowed votes on a statement of claim in respect of rent from property of which he is owner in fee. It is not necessary that he should be rated. The tenants and occupiers are the persons rated in such cases. On the 12th of last month I informed the hon. Member, in reply to a former Question, of the facts as to the excess votes allowed to Lord Downshire's trustees. The allegation in the third paragraph of the Question is being inquired into. The votes of several persons were properly disallowed, on the ground that they owed seed rate. The Board of Guardians have no power to wipe out seed rate legally due. The Local Government Board have come to a decision on the matter complained of in respect of this election, and have set aside the election of one of the Guardians returned. They have fully instructed the Returning Officer as to the several points raised, and they see no sufficient ground to supersede him in his office.
asked whether those persons who had not paid the seed rate would be permanently disfranchised while the seed rate was not paid?
, in reply, said, he believed that the non payment of the seed rate, like the non-payment of any other poor rate, was permanent in its effect so long as the rate was not paid.
The Guardians having wiped out the seed rate, will they be disfranchised for a sum which is no longer demanded from them?
, in reply said, that the same effects applied to this rate as any ordinary poor rate. It was really a portion of the poor rate.
Post Office (Ireland)—The General Post Office, Dublin—The Staff of the Secretary's Office
asked the Postmaster General, If a revision and additions to the staff of the Dublin Secretary's Office of the General Post Office was promised in February last, and which revision and additional staff was rendered imperatively necessary owing to the large increase in the correspondence arising out of telegraph and parcels post business, and, if so, why it has not been carried out; if it is the fact that the corresponding office in Edinburgh, though performing fully a third less work than the Irish Department, has been revised and additions made to its staff; and, if he will state what has been the cost of the hands temporarily employed in the Dublin Secretary's Office to meet the pressure arising out of the increased duties there?
In reply to the hon. and gallant Member, I have to say that there is no intention to revise the establishment of the Dublin Secretary's Office, and there has been no promise to do so; but it is possible that some slight addition may be made to the existing numbers. The cost of two officers temporarily lent from London is 15 s. a-day each; but these gentlemen will shortly return to their ordinary duties. Four additional lower division clerks at Edinburgh have been authorized.
Rish Land Commission (Sub-Commissioners)—Mr. John M. Weir
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he will state the grounds upon which Mr. John M. Weir, who is a shopkeeper at Cookstown, and is believed to have no practical knowledge of land or farming, is to be reappointed a Sub-Commissioner under the Land Act?
Mr. Speaker, I wish to ask you, on a point of Order, whether the hon. and gallant Member is in Order in putting a Question of this sort, which contains matter of a contentious character, inasmuch as it states that Mr. Weir "is believed to have no practical knowledge of land or farming." As the belief is one which is only in the mind of the hon. and gallant Gentleman, I wish to know whether a Notice of that kind ought to be allowed to appear on the Paper?
I think the Question, as it stands, is not out of Order, as it inquires whether a gentleman in a certain office is or is not unfit to be reappointed?
Then, before the right hon. Gentleman answers the Question, I would like to ask whether he will be prepared to state the grounds on which all the other Sub-Commissioners, to whom I and my hon. Friends objected, were reappointed?
I should be exceedingly unwilling to promise that. As to the Question on the Paper, I can only say that the Lord Lieutenant, after consultation with the Land Commissioners, made such selections for reappointment as it was thought would be most conducive to the Public Service, and Mr. Weir would not have been selected if his work had shown that he had no practical knowledge of land or farming.
Salmon Fisheries Protection
asked the Secretary to the Admiralty, If vessels of the Royal Navy are used for the protection of salmon fisheries anywhere on the coast of Great Britain; whether applications made to the Admiralty for vessels of the Royal Navy to protect salmon fisheries in Lough Foyle, in the River Lee, county Cork, in the Youghal River, county Cork, and in other places in Ireland, were uniformly refused, on the ground that it was the duty of the Conservators and other persons interested in the salmon fisheries to afford the necessary protection; whether it was agreed between the Admiralty and the Irish Inspectors of Fisheries that no vessel of the Royal Navy should be used for such a purpose unless in case when the inspectors apprehended a breach of the peace; whether, in the absence of any statement of such an apprehension, and without any reference to the Inspectors of Fisheries, the Admiralty have quartered a gunboat on the coast of Sligo and Donegal, in the Ballyshannon Fishery District; why this course has been adopted; whether the gunboat will be withdrawn, and the protection of the fisheries be left, as in every other case throughout Great Britain and Ireland, to the Conservators and other persons interested; and, whether a Copy of Correspondence between the Admiralty and other Departments of the Public Service, as to the employment of vessels of the Royal Navy in protecting salmon fisheries, will be laid upon the Table?
Before I reply to the series of Questions addressed to me by the hon. Member, I would beg to refer him to the answer given on the 30th of June last to a Question put to me by the hon. Member for Monaghan (Mr. Healy), which covered the whole ground, with the exception of the individual case in Donegal Bay. Vessels of the Royal Navy have been formerly used for the protection of the salmon fisheries in Great Britain; but it may be understood generally that they are no longer so employed. The answer to both parts of the second paragraph of the Question is in the affirmative. No definite arrangement such as is indicated in the third paragraph of the Question has been come to; but the subject is still under consideration. With regard to paragraphs 4, 5, and 6 of the Question, it is the case that on a requisition to the Lord Lieutenant a Coastguard cruiser was ordered into Donegal Bay, owing to the fact that a large number of Coastguardsmen were withdrawn for a few weeks for the purpose of undergoing their annual drill in the Reserve Squadron. That vessel will no longer be required when the men return. The general policy of the Government has been to leave the duty of protecting all the fisheries, except the sea fisheries, to the Conservators of the respective districts. I stated on the previous occasion to which I have referred that the Correspondence on the subject cannot well be produced, it being of a confidential character between the two Departments.
Fishery Laws (Ireland)—Clerk and Inspector of Salmon Fisheries, Ballyshannon
asked the Chief Secretary to the Lord Lieutenant of Ireland, If it is a fact that the salaried Clerk and Inspector of Salmon Fisheries for the district of Ballyshannon, county Donegal, is also the lessee of a salmon fishery in that district; whether, as such Clerk and Inspector, he is the legal agent of the Board of Conservators of the District, and charged with the duty of prosecuting for breaches of the Fishery Laws, and in the event of any breach of the Fishery Laws by himself, as lessee of a salmon fishery in the district, or by his employés, his duty as Clerk and Inspector would be to prosecute himself; whether the Irish Inspectors of Fisheries have remonstrated against the existence of this state of facts; and, whether it will be permitted to continue?
The Inspectors of Fisheries report that they have been informed that the fact is as stated in the first paragraph of the Question; and, that being so, the possibility of such an anomalous state of affairs as is suggested in the second paragraph would appear to arise. The law gives the Inspectors of Fisheries no control over the action of the Board of Conservators in this matter. It is possible, however, that, nevertheless, a remonstrance on the part of the Inspectors might have some effect, and I shall ask them to communicate with the Conservators with regard to this office.
Public Health—Vaccination
asked the Secretary to the Local Government Board, Whether the Department has revised and sanctioned the issue of a pamphlet called "Facts Concerning Vaccination;" whether the following statements, among others, appear:—
"No risks of injurious effects from it need be feared;" "The fear that a foul disease may be implanted is an unfounded one;"
whether the Department has been informed by the Committee of medical experts appointed to report on Dr. Cory's case that it is possible for syphilis to be communicated in vaccination from a syphilitic person—
"Notwithstanding that the operation be performed with the utmost care to avoid the admixture with blood;"
and, whether such statements will be allowed to be made under the authority of the Board?
The National Health Society have published a pamphlet under this title. It was revised by the medical officer of the Local Government Board, and the Board have stated that it might be used with advantage in house-to-house visitation. The quotations given in the hon. and learned Member's Question are taken apart from the context. The pamphlet points out—
"That with due care in the performance of the operation no risk of any injurious effects from it need be feared,"
and that such mischief as the communication of a foul disease by vaccination—
"Could only happen through the most gross and culpable carelessness on the part of the vaccinator."
These statements are in no way inconsistent with the Report of the medical experts respecting Dr. Cory's case. The Committee reported expressly that—
"The infants from whom Dr. Cory took lymph for his experiments on his own arm were in such a condition of obvious syphilitic disease as would certainly have precluded their use as vaccinifers by even an inconsiderate and reckless vaccinator. Indeed, they were selected by Dr. Cory for his self-vaccination because they were unquestionable syphilitic cases. It is a rule of practice in the profession not to use in vaccination lymph taken from a child in whom there is any suspicion whatever of syphilitic taint, or, indeed, in whom there is any skin disease although of a character known to be harmless; and the observance of this professional rule is strictly enjoined by the Local Government Board in its instructions to public vaccinators throughout the country."
The Board see no reason to alter their views with regard to the pamphlet in question.
Palace of Westminster—Westminster Hall (West Front)
asked the First Commissioner of Works, Whether, since the Report on Westminster Hall (just presented) shows that, from the time it was built, and "divers lodgings" were attached on the west side, till the Law Courts were demolished the other day, the space on the west side of the Hall always has been occupied by useful buildings, he will fully consider the growing wants of Parliament, and provide for them?
Sir Charles Barry intended to erect an additional wing to this building, running from St. Stephen's porch and meeting another wing from the Clock Tower. This extension, however, was abandoned some years ago, and I can hold out no prospect of the proposal being revived.
I beg to give Notice that, considering the strong opinion expressed by the Prime Minister in regard to the delegation of the duties of this House, I shall take an early opportunity of asking him, whether he will use his influence with the First Commissioner of Works not to make such delegation physically impossible by devoting the only available space to a piece of sham ancient architecture?
asked, whether there was to be a Supplementary Estimate proposed this Session for the buildings in Westminster Hall?
Yes.
Law and Police (Metropolis)—The Reform Demonstration
asked the Secretary of State for the Home Department, By whose authority Members of Parliament were prevented by the police from passing through the Strand on Monday afternoon on their way to this House?
I have received the following answer from the Chief Commissioner of Police:—
"The orders given to the police were that they were to afford every facility in their power to Members of Parliament; and, if any mistake was made, it was not from want of instruction. I do not understand how a Member was stopped in the Strand, unless by the procession itself, and, if particulars are given, I will inquire into the cause."
I wish to ask, whether the police had any orders to draw a cordon across Westminster Bridge and refuse everyone passage, stating that, Members or no Members, no one was allowed to pass. I was stopped myself in the same way, and I should like to ask what steps the right hon. Gentleman will take if that were done contrary to his orders?
I will take no steps at all. My orders were these. I was very anxious that Members should not be interrupted, and when I originally saw the plans of the police, I found there had been no provision made for keeping open the main access to the Houses of Parliament. I directed, therefore, that a clear road should be kept from Charing Cross down to the Houses of Parliament, and that was done, as everyone knows, most efficiently. Of course, I could not go all over London looking where Members of Parliament might be. I could not instruct the police to do that. The general instructions were to give every facility they could. I also considered whether it was possible, so as not to interfere more than was necessary with the traffic, to break at intervals the procession, in order to allow the traffic to go through; but, on consideration with the police, it was seen that such a course would lead to great confusion—that the procession would fall into confusion, and that it would lead to that interruption which it was most desirable to avoid. Therefore, we determined that could not be done. In these circumstances, of course, a certain amount of personal inconvenience was inevitable. That always happens, and must happen, whenever there is a crowd—whether there is a Volunteer Review, whether there is a procession, an entrance of Garibaldi into London, a triumphal return from Berlin, or anything of that kind. There is always a certain amount of inconvenience caused by a crowd in London. The only thing the police can do is to minimize the inconvenience as much as possible; and I think the general opinion of London, and England, and of Europe is that the police did their duty admirably on this occasion, and that the public suffered as little inconvenience as possible.
asked the Postmaster General, Whether he is aware that a Post Office van was delayed for two hours, standing in front of the Army and Navy Club, on the occasion of the so-called "Demonstration" of last Monday; and, whether, should any similar "Demonstrations" be announced, he will take such steps as he can to insure the free passage of vans and carts in Post Office employ?
I find that a Post Office van, and also a mail cart, were detained on the spot referred to for about two hours last Monday afternoon, and a communication has been addressed to the Commissioner of Police upon the subject. Generally speaking, I am informed that the police exerted themselves to prevent delay to the mail vehicles.
Subsequently,
said, he wished to ask the Secretary of State for War a Question of which he had been unable to give him Notice—namely, Whether it was true, as stated in a letter to The Times, that three Yeomanry bands in uniform took part in the Reform Demonstration on Monday; whether that act was not an infraction of the Queen's Regulations; and, whether the authorities intended to take any notice of such infraction, and to take steps to prevent such conduct in the future?
I cannot answer that Question without Notice. It is extremely improbable that any such thing occurred.
I will put the Question again to-morrow.
Labourers (Ireland) Act, 1883—Ballymena Board of Guardians
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is a fact that the agricultural labourers of the electoral divisions of Ahoghill and Portglenone, county Antrim, applied last year, immediately after the passing of the Labourers (Ireland) Act, to the local sanitary authority, the Ballymena Board of Guardians, to make an Improvement Scheme in virtue of the Act, and that the application was attended with no result; whether, towards the end of March this year, a representation, in conformity with the statute, was laid before the Ballymena Board, in the interest of the labourers above mentioned, together with a report from Alexander Young, M.D., Ballymena, describing the houses of the labourers in question as being—
"In a truly wretched condition," "evidently unfit for human habitation," "covered with scanty and decayed thatch, the walls in numerous instances split and rent, in many cases ready to come down, in all more or less saturated with moisture,"
and whether the Report declared an Im- provement Scheme to be requisite; whether the Ballymena Board adjourned the question twice, on the third occasion refused to make a Scheme, and held back the Report of Dr. Young until the meeting after that at which they had resolved upon such refusal; whether the Board, in compliance with section ten of the Act of 1883, have sent to the Local Government Board a copy of the representation, accompanied by their reasons for not acting upon it; and, what steps the Local Government Board will take in reference to the matter?
Sir, I am informed that a Memorial relating to the two electoral divisions referred to was put forward in October last, and the Guardians appointed Committees to inquire into the matter. The Portglenone Committee reported that, in their opinion, action was not necessary in that division. It was subsequently agreed that a scheme should be formulated for Ahoghill; but the matter was delayed too long to admit of anything being done this Session. In March last, a Memorial was addressed to the Guardians, asking them to adopt a resolution in favour of an improvement scheme, and to receive a deputation on the subject, which they did. I am informed that it is not a fact that these representations were accompanied by any Report from Dr. Young, or that the Report, when subsequently received, was in any way kept back. The clerk states that, on his return from the Board's meeting on the 7th of June, he found a Report from Dr. Young, who is not the medical officer of health, without date, in his private office, and that he submitted it to the Board at their next meeting on the 14th of June. A proposal to formulate a scheme was several times before the Guardians, and was finally rejected on the 7th of June. This was reported to the Local Government Board on the 15th of July, the reasons stated being, that in the divisions specified, as well as throughout the entire Union, there are numbers of cottier houses unoccupied for which tenants cannot be procured. The Local Government Board are not empowered to take any very practical steps in the matter. It rests with the sanitary authority to prepare a scheme, and submit it if they see fit to do so. The hon. Member has called my attention to a matter in the 5th paragraph; and I will see whether an inquiry can be ordered.
asked, would the right hon. Gentleman call upon the Local Government Board to remonstrate with the Ballymena Board of Guardians for the delay in dealing with the scheme of the 7th of June?
I will see about it.
Post Office (Ireland)—The Clonmel Mails
asked the Postmaster General, Whether he has come to any decision as to the acceleration of the Mails between Dublin and Clonmel; whether it is a fact that the Inspector of Mails in Ireland has recommended that the Mails for Clonmel be thrown out and taken up at Thurles; and, whether the only objection to this course is the exorbitant price demanded by the Limerick and Waterford Company for carrying the Mails between Thurles and Clonmel?
I have not yet been able to come to any decision as to the acceleration of the day mail to Clonmel. The question of delivering and taking up the Clonmel mail at Thurles by the mail trains while in motion is still open to consideration; but, even if no difficulty existed on that point, I fear that I should not be justified in calling for a train to be run from Thurles to Clonmel solely for the Mail Service. The circumstance would be different if the Company were running a train for passenger purposes at hours suitable for the Mail Service.
In reply to a further Question from Mr. MOORE,
said, that further inquiry should be made.
Towns Improvement (Ireland) Act—Fines for Drunkenness
asked the Chief Secretary to the Lord Lieutenant of Ireland, If it is the fact that the Inspector General of Constabulary has, since 1878, directed the police, where a local town court is established under the Act of 1854, that persons arrested for drunkenness within the town limits, but residing outside the town, are not to be brought before the Town Justices; whether this has the effect of diverting the fines from the Borough Fund to the Constabulary Fund, which latter receives one-half of all such fines at Petty Sessions; whether this is excused on the allegation that the warrant of a Town Justice cannot be executed outside the boundary; whether, if this be so, the Lord Chancellor will appoint the Town Justices to the County Commission; if not, will any steps be taken to amend the powers of Town Justices as to trans-boundary warrants; is it the case that at present the Inspector General is empowered to indorse town warrants under section seventy-seven of the Act of 1854, as well as under the Petty Sessions Act; and, whether, as many towns complain of the great loss caused to their funds by the rule of the police, a change will in future be made?
The Constabulary have been informed that the effect of a recent decision, in a case tried in the Court of Common Pleas, is that they are entitled to take proceedings in their own names as complainants at Petty Sessions against persons found drunk in the public streets of towns under the Towns Improvement Act, and that only one moiety of the fines recovered in such cases is payable to the Town Commissioners. They are also directed to take that course in the cases of persons residing outside the town. In these cases the Constabulary Force Fund receives one-half the fines imposed at Petty Sessions; but I am advised that it is not right to represent such half as diverted from the Borough Fund, inasmuch as the legal title of the Constabulary Force Fund to its share is equally clear with that of the Borough Fund. The practice of not bringing before the Town Justices persons arrested for drunkenness within the town limits, but residing outside the town, is not justified on the ground stated in the Question—namely, "that the warrant of a Town Justice cannot be executed outside the boundary"—but on this—that the Constabulary maintain order and act as guardians of the peace in these towns; and that although the Town Commissioners have statutory power to utilize the services of the Constabulary as night watchmen (on paying for them), yet they do not do so, but leave the work of watching the town and maintaining order, and suppressing drunkenness to the Constabulary without making any payment. If the Constabulary were employed as night watch- men, they would take out summonses in the name of the Commissioners, and then the whole of the fines would go to the Borough Fund. The Government are advised that the present arrangement is not unreasonable or unlawful.
Post Office (Ireland)—Delivery of Letters at Dalkey, Co. Dublin
asked the Postmaster General, Whether he will take steps to remedy the very great inconvenience suffered by persons residing at Dalkey and the adjoining districts, in the county of Dublin, by the non-delivery of their letters until nearly ten o'clock in the morning, the consequence of which is that a great number of persons who have daily business avocations in the city of Dublin cannot receive their letters before leaving home; whether this inconvenience, and also the annoyance caused by the unnecessarily late delivery of letters in the evening, are wholly attributable to a want of a sufficient number of letter-carriers and assistants; whether it is true that the already overworked postmen have had their labours increased by the means of transport for the Parcel Post having been reduced; whether a promise was given to the residents of Dalkey that their grievances in this particular should be remedied after the acceleration of the Irish Mail; and, whether he will consider the propriety of having the mails sent direct to Dalkey, instead of keeping that office as a sub-office to Kingstown, having regard to the very large number of business and professional men who reside at Dalkey and its neighbourhood, especially during the summer and autumn months?
, in reply, said, he had ascertained that the first delivery at Dalkey was finished at 9 o'clock in the morning, and he thought that was not an inconvenient time. If the hon. and gallant Member opposite (Colonel King-Harman) had any special case to complain of, he would have inquiries made about it. He regretted to find that Dalkey did not profit as yet by the accelerated mail service to Dublin, because it was necessary to keep the hour of delivery at its former point, in order to include letters arriving from the Irish provincial towns. He would inquire whether anything could be done to acce- lerate the delivery in this respect. Letter-carriers at Dalkey only took light parcels, which did not delay the delivery.
asked, whether the means of transport had been reduced by the taking away of a horse and cart from the district? He could give a great many instances of delay in the matter.
said, the horse and cart were found expensive, and no harm was done by discontinuing them. People were able to get their letters quicker by the present arrangement.
Africa (West Coast)—Consular Jurisdiction
asked the Under Secretary of State for Foreign Affairs, Whether the Order in Council to extend British consular jurisdiction on the West Coast of Africa, so as to insure the more speedy and economical apprehension of criminals, is now prepared; and, when it will be laid upon the Table of the House?
The Order in Council referred to is not yet completed; but it is expected to be ready shortly, and will be laid in due course.
Parliament—Palace of Westminster—Westminster Hall—The British Museum
asked the Chief Commissioner of Works, Whether his attention has been called to the last paragraph of the interesting Report of Mr. J. L. Pearson, R.A., on Westminster Hall, which states that by the rules of the British Museum he has been unable to obtain some important tracings to accompany his Report, especially from the Crace Collection; and, whether he can suggest a method by which such important drawings and information, for a National purpose, can for the future be obtained, without difficulty, from a National establishment like the British Museum?
, in reply, said, that as one of the Trustees of the British Museum, he trusted he might be allowed to answer the Question. The answer was that, according to the rules of the Museum, tracings were not allowed to be taken from drawings or prints without the permission of the keeper. No application was made by Mr. Pearson to the present keeper; and if any was made in the time of his predecessor there is no record of it in the office. The permission is given in special cases, when no injury is apprehended; but the general rule is a necessary precaution for the protection of these valuable documents.
Overhead Telegraph and Telephone Wires—Legislation
asked the Secretary to the Local Government Board, Whether he is aware of the number of wires now stretched overhead in various portions of the Metropolis, of which about 230 may be counted between the Royal Exchange and St. Michael's Church, Cornhill, and about 200 between the Mansion House and Queen Street, over Queen Victoria Street; and, whether, having regard to the danger thus occasioned to persons using the streets, especially in thunder-storms, snow-storms, and in high winds, he will consider if the time has arrived when some means should be taken to deal with this question?
We are aware that there is a large number of wires stretched overhead in the Metropolis, and have no reason to doubt the statement as to the number of such wires in the localities mentioned. In replying to the hon. and gallant Member for East Aberdeenshire (Sir Alexander Gordon) I stated that we would consider whether a Select Committee shall not be moved for next Session for the purpose of inquiry and report on the subject. I am advised by the Postmaster General that of the 230 wires mentioned by the hon. Member only six belong to the Post Office, and of the 200 only four.
Merchant Shipping—Pilotage— Port of Sligo
asked the President of the Board of Trade, Whether, in consequence of the action of the Board of Trade, in granting pilots' licences to two masters of steamers trading to and from the port of Sligo, and the action of the Sligo Harbour Board, in granting pilots' licences to four other masters of steamers trading to and from the port of Sligo, the regular outside pilots of that port, who gained their licences after apprenticeship, and have acted in connection with the port for many years, are now almost deprived of their means of living, their average incomes having fallen from £35 to about £12 a-year; and, whether any steps will be taken to give them compensation?
It is the duty of harbour authorities, and in their default of the Board of Trade, under the Statute, to grant, after examination, certificates to masters and mates, enabling them to pilot the ships in which they serve. This has been done by the Board of Trade in two cases at the Port of Sligo. I do not know what licences have been granted by the Harbour Board. There is no provision for giving compensation to persons who had been acting as pilots before such certificates were granted. No funds are at my disposal for this purpose.
Palace of Westminster—House of Commons—Telegraphic Newsrecording Instrument for Use of Members
asked the First Commissioner of Works, If he has yet come to a decision whether he will allow a telegraphic news-recording instrument to be erected in the House for the use of Members; whether, immediately after the subject was last mentioned in the House, the Company which supplies such instruments offered him to erect one in the House on payment of the cost of erection only; if he can state how many hours it would take to put up one of these instruments; and, whether he can hold out any hope of one being at work this Session, or during the proposed Autumn Session, or during the Session of 1885?
, in reply, said, he had consulted with the Serjeant-at-Arms, who had charge of the arrangements for supplying telegraphic news to the House, and he was of opinion that the proposal of the hon. Member did not offer any facilities over the present system to hon. Members which would justify a change. The Company would propose to supply the instrument at a rental of £50 a-year, with certain occasional charges; whereas the present Telegraph Company supplied its news free.
Public Health—The Upper and Lower Thames
asked the President of the Local Government Board, Whether he will take into consideration the expediency of obtaining full powers to deal at once with the dangers to which the inhabitants of the Metropolis and of the Lower Thames Valley are exposed, owing to the absence of land water in the Thames, and to the pestiferous nature of the water that circulates between Bailey Creek and Teddington, and to obtain money for carrying into effect such a scheme as he may deem necessary to mitigate these dangers? In putting the Question, he would ask leave to read the following extracts from the Report of the principal Dockmaster of the East and West India Dock Company to the Directors of the Company:—
"This half-year we have raised 73,100 tons what we considered a good year's work before 1881. The river is in a fearful condition, the stench from the sewage is very bad, and the water very thick and black. It is awfully sickening, and we have had during last week high tides, and through having to draw down after every high tide water to Trinity datum for the protection of the lockgates, causes a strong tide to rush in before the following high water at Blackwall entrance and Eastern Dock entrance, bringing in an enormous amount of sewage. I reckon in four days last week not less than 400 tons entered each tide, for as fast as I dredged in Blackwall Basin I found almost the same water the next day. The banks of the basin are covered with a green slimy substance, and smell very bad. Some steps should be taken by correspondence through the daily newspapers, or by direct reference to the Chairman of the Royal Commission, to keep the question open, or it will have the same fate as other Royal Commissions when the excitement dies out."
Minute of Board
"The condition of the water is such as tends to the enervation of the staff, and would be a factor in inducing cholera. The matter should be pressed upon the notice of the Board of Works and the Government, with a view to the river being dealt with, not only in the interest of the Docks, but of the citizens at large."
I have had this subject under consideration; but the matter is not one with regard to which I can propose legislation during the present Session. I have, however, instructed Mr. Harrison, one of the Inspectors of the Board, to report to me as to the condition of the part of the Thames on which the Lower Thames Valley abuts, and whether, in his opinion, any temporary arrangements can be made by the Local Authorities with the view of removing the evils which are stated to exist, and providing a remedy.
Employers' Liability Act—Mining Accidents
asked the Secretary of State for the Home Department, If it is true that the Reports of the Official Inspectors of Mines, in cases of explosions, are refused to persons suing for damages under the Employers' Liability Act, and to the counsel in such cases, and that such officers can refuse to give evidence when summoned in support of a case; and that, in consequence, the strongest and most reliable evidence of negligence is unavailable for suitors; and, if he proposes to remove this obstacle to the requirements of justice?
I am not aware, nor have I been able to discover, that any Reports have been so refused; but, speaking generally, I concur in the spirit of the Question, and will take care that instructions are given that if Reports are applied for they shall not be refused, unless under special circumstances.
Education Department—Compulsory School Attendance
asked the Vice President of the Committee of Council, Whether during the recess he will take into his consideration the advisability of altering the age of compulsory school attendance from five years to seven years of age, with a view to prevent children from leaving school by passing the fourth standard at so early an age as many do at present, and also with a view to lessen the great difficulty experienced by magistrates in having to convict parents for not sending young children of five and six years of age regularly to school?
Considering that there are 1,345,196 children of all classes between five and seven years of age, of whom 920,000 are on the registers of public elementary schools, I am not prepared to adopt the suggestion of the hon. Member. What ought to be done, and what I hope will be done very soon, is to follow out the recommendation of the Royal Commission on Technical Instruction, and enact that Standard V. shall be the minimum for total exemption.
Egypt (Events in the Soudan)— Expedition for Relief of General Gordon—Vote of Credit
asked the Secretary of State for War, Whether any Supplementary Estimate or Vote of Credit will be presented to the House, before the Prorogation, to defray the cost of any expedition that may be necessary for the relief of General Gordon and the defence of Egypt?
The Government have arrived at no decision to present a Supplementary Estimate before the Prorogation to defray the expenses of any expedition that may be necessary for the relief of General Gordon. It is probable, however, that a Supplementary Estimate will be required in connection with expenses being incurred in preparations for the defence of Egypt; and I shall probably be able to give the noble Lord a definite answer to-morrow.
asked the Under Secretary of State for Foreign Affairs, Whether he can give the House any information with regard to General Gordon's present position; whether the rewards which the Government have offered for information are now in force, or whether they lapsed in the month of June; and, whether it is true that the Nile will be at its lowest at Khartoum by the end of September, so that it will then be more difficult to send relief to General Gordon up the Nile, and also more difficult for him to leave Khartoum by the river, especially by the White Nile, than it is at present?
I have from time to time given the House all the information in the possession of the Foreign Office in regard to General Gordon's position. The rewards have not lapsed except in the case of the messenger mentioned at page 67 of "Egypt (No. 25) 1884;" but complete discretion as to money rewards has been given to Mr. Egerton, as stated in No. 43. It is high Nile at Khartoum about the beginning of September, and this lasts about a month. The river begins to fall early in October, and is half Nile by the end of that month. Above Khartoum the Nile attains its greatest height early in September.
asked the noble Lord whether steps are still being taken with a view to convey to General Gordon instructions to withdraw, if possible, from Khartoum and the Soudan without further bloodshed; and, whether steps will be taken to inform, if possible, the Mahdi that Her Majesty's Government has already recognized the independence of the Soudan, and that, as messengers have been despatched to General Gordon ordering him to withdraw from that country, he was acting contrary to those instructions if he slaughters Soudanese, unless in self-defence?
The answer to the first part of the hon. Member's Question is in the affirmative; to the second, in the negative.
Egypt—Collection of Taxes—Use of Torture
asked the Under Secretary of State for Foreign Affairs, Whether instructions have been sent to Her Majesty's Representatives in Egypt to inquire into the alleged use of torture in levying taxes from the fellahs, and to see that, if such is the present habit, it will no longer be pursued?
If my hon. Friend will refer to the Papers on Egyptian affairs which have just been distributed, he will find from the Report of Sir Evelyn Baring, dated June 28, that he is of opinion that the use of torture by the courbash in the collection of taxes has practically ceased. Her Majesty's Government, after consulting Sir Evelyn Baring, did not consider that further instructions were necessary, as those already given are quite distinct. The use of torture and the courbash is illegal, as will be seen on reference to the Proclamation given at page 36 of "Egypt (No. 6) it 1883." and since that the Penal Codes have been enacted, which put an end to any punishment except those specifically there mentioned.
Crime and Outrage (Ireland)— Attack on the Resident Magistrate, Co. Sligo
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he has received any in- formation as to an attack having been made upon the Resident Magistrate for Sligo on the 13th instant?
I am informed that, about 10 days ago, the Resident Magistrate, while taking a walk after dusk, was struck by a stone, which was thrown over the fence from an adjoining field. He chased and secured a man who, he believed, threw the stone, and, having demanded his name and address, he let him go. It was subsequently ascertained that the name and address given were false. Mr. Molony does not himself consider that the affair was an outrage.
Where did this happen?
While the magistrate was taking a walk along the river side near the town.
Lower Thames Valley Main Sewerage Board
asked the President of the Local Government Board, Whether, having regard to the importance of the sewage of the Lower Thames Valley being diverted from the river at the earliest moment, to the applications made to the Local Government Board by Heston and Isleworth, Kingston-on-Thames, and Richmond, for the severance of those places from the Lower Thames Valley Main Sewerage Board, and to the Report of the Select Committee on the Bill of this Session—
"That the continuance of the Joint Board is not only unnecessary, but operates as a hindrance to the several authorities purifying the sewage of their respective districts,"
he will now give facilities for the dissolution of the Joint Board and sub-division of its district as recommended by the Committee; whether those objects could be effected by a short Bill passed during the present Session; and, if he is not prepared to bring in such a Bill, what other steps does he propose to take in the matter in the interest of the public and the localities?
The Lower Thames Valley Main Sewerage District, as I have already stated in reply to a Question of the hon. Baronet the Member for Finsbury (Sir Andrew Lusk), was constituted by a Provisional Order, which was issued by the Board after local conferences and inquiries, and was subsequently confirmed by Parlia- ment, after very full consideration by a Select Committee. It is true that the Select Committee on the Bill of this Session recommended the dissolution of the Joint Board and the setting up of new districts. But that recommendation was made after hearing the evidence of two only out of the 11 constituent authorities, and without hearing any evidence whatever on the part of the other nine constituent authorities, or the Main Sewerage Board on the subject. The Board have received communications from Heston, and Isleworth, and Richmond as to separation from the district; but no similar application has been made by the Kingston-on-Thames Sanitary Authority since 1881. I am not in a position to dissolve the district and sot up other districts without giving those interested full opportunity of making their representations on the subject at a local inquiry. I am, as I stated in reply to the Question of the hon. Member for Northampton (Mr. Labouchere), obtaining a Report as to whether any temporary arrangement can be made by the Local Authorities with the view of mitigating the evils stated to exist.
said, he wished to say that the Select Committee heard the promoters of the scheme.
said, if he was wrong on that point, he was right in stating that the Committee did not hear nine out of the 11 opponents.
said, that the Committee, having heard two of the opponents, considered that they had sufficient evidence before them.
Army—Military Barracks at Longford—Residence for the Medical Officer
asked the Secretary of State for War, Whether it is intended to buy or take on lease a house for the Army Medical Doctor out-side the Military Barracks in Longford; and, whether there is not ample accommodation within the barracks, there being now twelve quarters unoccupied there?
No proposal of the nature indicated in the Question has been made to the War Office; and if such a proposal had been made, careful inquiry would be made before it was sanctioned.
Arrears of Rent (Ireland) Act—Colonel Digby, J.P
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is true that Colonel Digby, J.P. Westmeath, obtained from the Land Commissioners, under the provisions of the Arrears of Rent (Ireland) Act, certain arrears of rent alleged by him to be due of a tenant of his named James Rickard; whether this James Rickard had actually parted with the interest in his tenancy to a man named James Egan, who paid to the landlord all arrears due of the holding; whether, after this payment was made, Colonel Digby received, and he and Rickard divided between them, the money thus obtained from the Land Commission; and, whether, if these allegations are well founded, he will order fresh proceedings to be taken against Colonel Digby, and take steps to secure the due hearing of the charge before a competent tribunal?
I am informed that, on the joint application of the landlord and tenant, the Land Commissioners extinguished arrears of rent amounting to £5 15 s., and that a sum of £2 17 s. 6 d. was paid to the landlord. The tenant, Rickard, alleges that Colonel Digby gave him £2 7 s. 6 d. of this sum—from which it would appear that he retained 10 s. of it for himself—under what circumstances does not appear. I am also informed that it is a fact that Rickard sold the interest of his farm in November, 1882, to a man named Egan, and that of the price given—£40—a sum of £21 10 s. was paid to Colonel Digby for rent and costs. Whether this included all arrears I cannot say. An explanation will be written for, and, on receipt of that explanation, these Reports shall be laid before the Law Officers for directions whether these Reports disclose an offence, or a case for further inquiry.
Will the right hon. Gentleman communicate with the tenant Egan, who purchased the holding, and who may have valuable information to give?
said, there was enough information on the subject to satisfy the Law Officers.
Is it usual, when a person is charged with theft, for the Government to write to him for an explanation?
Contagious Diseases (Animals) (Ireland) Act—Cattle Inspector, Kilmacthomas Union
asked the Chief Secretary to the Lord Lieutenant of Ireland, If the Lord Lieutenant recently refused to sanction the appointment of a gentleman to the post of Cattle Inspector to a Southern Poor Law Union, on the ground that he was not a fully qualified veterinary surgeon; and, if so, whether in future only qualified veterinary surgeons will be appointed to the post?
It is presumed that this Question relates to the Kilmacthomas Union, County Waterford, in which the Lord Lieutenant refused, in April last, to sanction the appointment of an Inspector who was not a qualified veterinary surgeon, on the ground that the Local Authority could procure the services of a duly qualified veterinary surgeon for the office. The Order in Council dealing with the subject requires that the persons appointed shall be veterinary surgeons, unless the Lord Lieutenant is satisfied that it is impossible to procure, or that for other sufficient reason it is undesirable to appoint, a person so qualified.
Prisons (Ireland)—The Late Governor of Limerick Prison— Superannuation
asked Mr. Solicitor General for Ireland, Under what Act of Parliament had the grand jury of the county Limerick power to alter and increase the retiring allowance of the late Governor of the County Limerick Prison by thirty-three pounds ten shillings per annum over and above the amount fixed by a previous grand jury in that county?
Mr. Eagar, the late Governor, was appointed prior to the Prisons Act, 1877, and his position was continued under the Prisons Board till last year, when he was retired consequent on tile abolition of Spike Island. The superannuation allowance is regulated by the Superannuation Act, 1859, and a Treasury Minute of 14th January, 1879, and the Prisons Act, 1877, provides for an apportionment of the allowance on the county in respect of services prior to April, 1878. The power of the Grand Jury, to make a presentment for this is retained by the Prisons Act. The portion payable by the county would have been primâ facie £160 18 s. per annum; but the Grand Jury, in the summer of 1883, passed a resolution that, on account of Mr. Eagar's good and long services, the allowance should be £194 15 s. 6 d. This was the first and only resolution passed by the Grand Jury, and it was founded on the authority I have mentioned.
Post Office (Ireland)—Day Mail to Cork
asked the Postmaster General, If he is aware that about five-sixths of the passengers from Dublin to Waterford travel viâ Maryburgh, and if, under the proposed agreement for the acceleration of the mails from Dublin to Cork, the Great Western mail will not stop at Maryburgh, these passengers will be compelled to travel viâ Carlow; whether such an arrangement will give an unfair advantage to the Great Southern and Western line over the Central Ireland Railway, which would thereby lose a large share of its present passenger traffic; and, whether he will bear this fact in mind when considering the proposed agreement?
, in reply, said, that, in carrying out the acceleration of the day mail to Cork, Limerick, &c., it was not intended to alter the present day mail train from Dublin at 9 A.M., which would continue to stop at Maryburgh; but the new special train would not call there, a stop being unnecessary for mail purposes. He regretted that the effect of the new arrangement should be in any way unfavourable to the Waterford and Central Ireland Railway Company; but, so far as the day mail to Waterford was concerned, he saw no reason why such an improvement of the service by the present route viâ Carlow should not be affected as should secure as long an interval for replies by return of post as an accelerated service viâ Maryburgh. Inquiries on this point were being made.
India—The Salt Tax
asked the Under Secretary Of State for India, Whether his attention has been drawn to an article in The Lancet, published two months ago, in which that high medical authority asserts that—
"As the diet of the Hindoo is almost entirely farinaceous and vegetable, it is a cruel injustice to impose a tax that renders a physiological necessary a high-priced luxury;"
and, whether the Government will take into account the opinion of The Lancet in arranging their future policy with regard to the Salt Tax in India?
, in reply, said, that the Government of India was fully aware of the objections which might be urged against the Salt Tax, and bore them in mind when considering its fiscal changes.
Union Rating (Ireland)
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the intention of the Government to give effect to the recommendation of the Select Committee of 1871–2 with regard to Union Rating in Ireland; and, if so, whether such legislation will embrace outdoor as well as indoor relief?
, in reply, said, the Government were very anxious to give effect to the recommendation referred to. The system in Ireland should be assimilated to the system in England, both with regard to indoor and outdoor relief.
Jamaica—Importation of Coolies
asked the Under Secretary of State for the Colonies, Whether, in view of the large amount of debt which the importation of Coolies has already entailed upon Jamaica, and also, in view of the despatch of Her Majesty's Secretary for the Colonies of the 29th September 1877, relieving the people of the Island from future taxation for this purpose, Her Majesty's Government have any intention of adopting the proposal of the Commissioners, that the importation of Coolies shall be renewed, and supported from the general taxation of the Island?
No decision has yet been arrived at on the proposals of the Royal Commissioners relative to Coolie immigration into Jamaica; and, indeed, it is a question on which the Government would not think it right to give any definite directions until the new Jamaican Legislative Council had an opportunity of considering it at their meeting in September next. I may point out, however, as to the terms of my hon. Friend's Question, that the importation of Coolies has never been stopped, and that, under present arrangements, the expense of hospital treatment for the Coolies is maintained from the general taxation of the island.
Africa (South)—Bechuanaland
asked the Under Secretary of State for the Colonies, Whether he can give to the House any information as to the condition of affairs in Bechuanaland; and, whether he will lay upon the Table further Papers relating to that Country, before the Supplemental Estimate is considered?
Further Papers on Bechuanaland are in preparation, and will be laid on the Table before the end of the Session; but not, I fear, in time for the Supplementary Estimate. It would be impossible, within the limits of an answer to a Question, to give the general account asked for; but when the Supplementary Estimate is moved, I shall be ready to state any information we may be in possession of. Meanwhile I may say that we have received a telegram from the Governor of the Cape, in which he informs us that the following Resolution has been carried in both Houses of the Legislature of the Cape Colony—namely,
"That, in the opinion of this House, it is expedient, pending the ratification of the London Convention of 1884 by the Volksraad of the South African Republic, that the Colonial Government be authorised to open communications with the Imperial Government, with a view to submitting to Parliament, next Session, a measure for the annexation to the Cape Colony of the territory of the south-western border of the South African Republic, now under British protection—that is to say, Bechuanaland."
That will include the so-called Republic of Stella-land and Göschen?
Yes; all these territories.
Army—Loss of Life in Egypt
asked the Secretary of State for War, Whether his attention has been drawn to the following approximate estimate of loss of life in Egypt since the English occupation appears in trustworthy sources of information, to wit:—
I have referred to the authorities which are quoted in the Question, and the numbers which are given in the hon. Member's statement appear to be correctly stated from these authorities. However, except in the case of Baker Pasha's force, and the Battle of El Teb, they appear to be estimates only. We have no means in the War Office of correcting or amplifying these estimates. I do not see there would be any advantage in embodying the estimates referred to in a Parliamentary Return; but it would, of course, be open to the hon. Member to make any use he thinks fit of the information which he has compiled.
Scotland—The Museum of Science and Art, Edinburgh
asked the First Commissioner of Works, Whether, inasmuch as by the munificence of a private benefactor all difficulties as to the allocation of the space in the new wing of the Edinburgh Museum of Science and Art are obviated, he will give instructions for the work to be begun at once?
Yes, Sir; tenders will be invited for this building in a few days.
Ireland—The Museum of Science and Art, Dublin
asked the Secretary to the Treasury, Whether any further progress has been made in the selection of the design for the Science and Art Museum, Dublin, and how soon the arrangements are likely to be complete?
, in reply, said, the hon. Member knew that the recommended design proved, on valuation, to involve an expenditure much above the prescribed limit. They had, therefore, been driven, in justice to the other competitors, to inquire into the other designs. Two of these could not be entertained under any circumstances; valuations were in progress as to the other two, which the Committee of Advisers had placed in order of merit. The Board of Works were considering what preliminary work could he done in anticipation of the final decision.
What is the difference between the cost of the selected design and the sum which the Government is prepared to give?
I do not think it would be fair to state that until the other designs have been examined.
Is not the hon. Gentleman aware that it is a matter of a very few thousand pounds?
No.
Will the hon. Gentleman state what it is, if he knows it?
It is not fair to other competitors to state what this difference is.
Is it the fact that the competitors, whose designs are now under consideration, are Englishmen, and that the competitor whose design has been set aside is an Irishman? And more particularly, I wish to ask the hon. Gentleman, whether he hopes to be able to state the decision of the Treasury in this important matter before the House rises?
I have no information as to the nationalities of the competitors. I hope the examinations will be completed in time to announce them to Parliament.
I wish to ask the hon. Gentleman, whether it is not the fact that this question, which concerns the education of the Irish people, has been, for the sake of a few thousand pounds, 16 years in contemplation, and has not yet been settled?
I have already told the hon. Gentleman that it is not a matter of a few thousand pounds.
I ask, is it a fact that it has been 16 years in contemplation by the Government?
[No reply.]
Ship Brokerage (France)
asked the Under Secretary of State for Foreign Affairs, Whether he will lay upon the Table of the House a Return of the Correspondence with Shipping Associations and Reports from the British Embassy at Paris, on the question of Ship Brokerage in France (in continuation of Parliamentary Paper, Commercial, No. 12, 1883)?
There will be no objection to lay upon the Table the Correspondence to which my hon. Friend refers, and it will be at once prepared for publication.
asked, Whether the noble Lord would state that any more energetic steps would be taken to bring this matter, in which the commerce of this country took so great an interest, to a satisfactory conclusion?
I can hardly admit that more energetic steps are necessary, because these negotiations have been carried on in Paris by Mr. Crowe with great ability. No doubt the matter is one of importance. It is now before the Secretary of State, and it may be advisable, if no satisfactory result is soon arrived at, to take some further steps.
Metropolis—State of the Streets at Night
(for Mr. CROPPER) asked the Secretary of State for the Home Department, Whether his attention has been drawn to remarks made at a meeting last week of the "Central Vigilance Committee," at which His Grace the Duke of Westminster stated that the condition of certain streets of the Metropolis was "notoriously scandalous and disgraceful," for utter shamefulness "not to be equalled in the whole world;" that tradesmen "in some of the principal streets" live under what is really "a Reign of Terror," and, if they took "individual…..or isolated action," they would be in fear of being boycotted; whether the powerlessness of the police in regard to this nuisance is owing to a difference of opinion on the part of the magistrates in regard to the evidence necessary to support convictions for the offence specified in Sub-Section 11 of 2 & 3 Vict. cap. 47, sec. 54; and, whether it may not be possible to obtain a consensus of magisterial opinion on this point?
asked, whether, in view of the unfortunate state of things arising from the suspension of the main provisions of the Contagious Diseases Act, the Government would not restore those provisions, pending the introduction of the long-promised Bill on the subject?
asked, if the right hon. Gentleman was aware of the extent to which innocent young men and innocent old men were accosted by females in the streets?
My attention has long been directed to this subject, and I think it one of very great importance. I am glad to see, by the Question of my hon. Friend behind me (Mr. S. Smith), that he attributes a great part of the evil to the helplessness of the police in the matter. That is entirely my opinion. I believe the condition of the streets will never be made what it ought to be unless further powers are given to the police, as in Glasgow and other towns. Clauses to that effect were introduced into a Bill which passed the House of Lords, and I deeply regret that that Bill cannot pass into law this Session. It is not necessary for the Government to consider the question, because they have embodied their views in the clauses of that Bill. I am glad to see, from the Questions on the Paper, that those views will have the support of the Vigilance Committee; and, with their support, I have very little doubt that the Bill will pass into law, and will have the effect desired.
said, the right hon. Gentleman had expressed the opinion that the police ought to have further powers. He entirely agreed with the right hon. Gentleman; and he wished to ask, whether he could not give effect to that view in a short Bill this Session?
said, he wished he could think that a short Bill would involve a short discussion on this subject. The information he had on that point hardly encouraged him in such a hope. Short Bills sometimes took a long time in passing.
said, that the right hon. Gentleman had not answered his Question, whether something could not be done in the way of restoring the suspended powers of the Acts he had referred to, so as to prevent that condition of things which arose from the withdrawal of the police?
said, that the Government did not propose to do anything of the kind referred to. They considered that the police in towns had ample powers, which they might put into operation if they chose so to do.
asked whether the right hon. Gentleman was aware that there were several large establishments in which the girls employed slept on the premises five nights in the week, but were not allowed to do so on Saturday and Sunday nights?
said, he had no cognizance of that.
asked the Secretary of State for the Home Department, Whether his attention has been called to the following extracts from a speech made by the Right honourable the Earl of Shaftesbury, at the Annual Meeting of the "Central Vigilance Committee" at Willis's Rooms on July 16th 1884:—
"There are hundreds and thousands of poor girls, as honest, good girls as ever lived, engaged in their daily occupations in London at a distance from their homes. Often, in the winter season, especially, they have to return home after dark, and they are exposed to every form of temptation. Unless you could hear from their own lips, as far as they dare communicate it to you, what they see or hear, it would seem almost too monstrous to believe. A gentleman called upon me the other day who had been in Regent Street. He said he was at the head of a very large firm, and he had in his establishment from 200 to 300 married women and young single women. He said, 'I am obliged constantly to go as far as I can with these women when they leave their work to see them safe beyond a certain point, because there are people waiting in the neighbourhood for the purpose of alluring them away, and perhaps indulging their horrid inconceivable taste by pouring the most filthy wickedness into the ears of these young girls.' That is the case with reference to one large establishment, and I have heard it with regard to others. If you want to correct the evil you must go to this male solicitation, as well as female solicitation (applause). You must create a strong public opinion, which will prevent the evil practices of these men, many of whom are in a decent position in society, and have ample means. You must prevent these men going out night by night as they do, indulging their beastly proclivities, and corrupting and dishonouring society to the utmost extent possible. You must know that circumstances have very much altered now in respect to the work of these young women, who, as I say, have to work some two or three miles away from their homes. A short time ago the hours of labour were very much limited, in some of the workshops, and they managed to get home in decent time, but now, by the permission of the Secretary of State, with the view to the relief of certain trades, the hours of labour are so prolonged that many of these poor girls cannot leave their workshops until nine or ten o'clock at night. Then they have perhaps three or four miles to go from their work to their homes. What they say is, 'so long as we can keep together we are tolerably safe, but the time comes when we must separate to go in different directions to our homes, and that is the time when we are exposed to these annoyances, too dreadful to describe.' That is the state of things in our streets;"
and, whether he is prepared to consider, during the recess, some remedy for this deplorable state of things?
said, he thought he had substantially answered the Question already.
Army—Married Soldiers' Quarters at Woolwich
asked the Secretary of State for War, with reference to his statement that the overcrowding of the married soldiers' quarters in the Cambridge Cottages at Woolwich would at once be remedied, Whether it is the fact that, although negotiations have taken place for renting sixteen houses, in order to afford proper accommodation for the married soldiers, no result has been arrived at, and the overcrowding still continues, causing much inconvenience and danger to the health of the troops and of the inhabitants of the adjacent districts?
Authority has been given to the General Officer Commanding at Woolwich to hire cottages for the purpose of' relieving the married soldiers' quarters; but it is necessary that the sanitary conditions of the cottages should be carefully examined before they are actually taken over. This inspection, and the consequent repairs, will be pushed on as rapidly as possible.
Post Office—The Telephone Companies
asked the Post master General, When he will be able to return an answer to the Telephone Companies in regard to matters in discussion between them and the Post Office Department?
The United Tele phone Company and its affiliated Companies have submitted to me three different proposals, the consideration of which involves many complicated and difficult details; and I am sure it is of great importance that these proposals should be carefully considered in all their bearings. I have personally devoted all the time to their investigation I could spare, but have not yet been able to complete it. I may add that from four other licensed Companies I have not received any statement; but I have informed them that if they do not at once furnish me with one, I must decide without having their views before me. Although I cannot fix the precise day, I can but repeat the promise that there shall be no unnecessary delay; and I can assure my hon. Friend (Mr. Jacob Bright) that no one can be more anxious than I am that the question should be speedily settled.
asked whether the right hon. Gentleman expected that his decision would be pronounced before the Post Office Estimates were taken?
said, he should do everything he could to speedily arrive at a decision; but he felt that the interest not only of the Post Office and the public, but of the Telephone Companies themselves, required that that decision should not be a hasty one; and therefore, he should not like to give the hon. Member a pledge.
said, that on Monday he would address a Question on the subject to the Prime Minister. He would ask whether the right hon. Gentleman was aware that a question was in dispute as to the respective rights of this House and of a Government Department to override the House's decision?
Post Office (Ireland)—The Mails in Cavan
asked the Postmaster (General, Is it a fact that in the town of Cavan the mail closes at six o'clock in the evening, although the train which carries it on does not start from Clones, twelve miles distant, until fifteen minutes past nine p.m. in consequence of the bags from Cavan being now sent, as they were a century ago, by a one-horse car taking two and a-half hours to make the journey, although there is direct communication between both towns by rail which could be accomplished in twenty minutes; is it also a fact that by this arrangement the towns of Arva, Killeshandra, Ballynagh, and Carrigallen have to post their evening letters in the middle of the day, from three to half-past three o'clock p.m., several other minor offices in the district being also equally inconvenienced; whether, within the past two years, the Town Commissioners of Cavan, and representative meetings of merchants, traders, bankers, and other inhabitants of the different towns mentioned, have not by memorials pointed out this great grievance more than once to him, and requested a remedy; his reply being, in one case, that the Railway Company for this short journey claimed an exorbitant price; and in the other, that the matter "would have attention;" whether it is not a fact that a train arrives from Dublin and the west at eight p.m. each evening, by which passengers cannot proceed further because of the breach in the service at this point; and, whether it is in the power of the Government to compel the Great Northern Railway Company to supply this great public service by running a train from Cavan at a quarter-past eight p.m., for mails and passengers, at a reasonable price, in connection with the arrival of the Midland Great Western train each evening, there being no difficulty in arranging for the return morning service, a train being already running, which, by a slight attention to time, can be utilized for this purpose?
It is the fact that the night mail between Cavan and Clones is conveyed by cars, there being no existing trains at hours suitable for the mail service. I will have further inquiry made as to the possibility of coming to some arrangement with the Railway Company; but unless the trains could be utilized for ordinary traffic I fear the cost of running them specially for the mails would be greater than the correspondence for the district affected would warrant.
Post Office (Ireland)—The Letter Carrier Between Ballyconnell and Derrylin
asked the Postmaster General, Whether it is a fact that a few months ago a person named M'Mullen, who acted as letter-carrier between Ballyconnell and Derrylin, committed several breaches of trust in opening letters containing cheques, coin, etc.; whether, since M'Mullen absconded, a person named M'Garvey has for three months performed the duties; whether there was any cause of complaint against M'Garvey; and, whether it is now proposed to give the appointment to a brother of the former employé M'Mullen?
In reply to the hon. Member's Question, I beg to say that George M'Mullen, the postman referred to, was employed under an allowance to the sub-postmaster of Ballyconnell to provide for the work, and that his services were dispensed with in consequence of his not performing it satisfactorily. The suspicion which had previously fallen on McMullen of tampering with letters was not the cause of his losing his situation. M'Garvey has been employed by the sub-postmaster as a temporary arrangement only, pending the appointment of a permanent postman in M'Mullen's place. William McMullen, who has been nominated and who is about to be appointed, was strongly recommended. So far as I am able to ascertain he bears a very good character, and I do not think that the fact of his brother's performing his work unsatisfactorily ought to stand in his way.
In reply to a further Question from Mr. BIGGAR,
said, he did not know whether the two brothers had lived in the same house; but, in consequence of the misconduct of one brother, he made special inquiries as to the conduct of the younger brother, and people in the neighbourhood informed him there was nothing whatever against his conduct.
Army (Auxialiary Forces)— Militia Officers
asked the Secretary of State for War, Whether it is a fact that there are 792 vacancies for Officers in the Militia, and that some Regiments want more than half their establishment of Officers; and, whether, under these circumstances, the rule will be enforced by which Officers are retired under the age clause, particularly in Regiments where the forced retirement of Officers would cause another vacancy?
The actual vacancies for officers of Militia amount to 795; and in 11 regiments the vacancies amount to half the number of officers. As regards the forced retirement of Militia officers, I can only repeat the answer I gave on the 16th June to the hon. Member for Clare (Mr. O'Shea)—
"Under the Regulations now in force lieutenant-colonels retire at 55, majors and captains at 50 years of age; but in all cases officers are permitted, on the recommendation of the General Officer commanding, to serve five years longer. Having regard to the efficiency of the service and the maintenance of a fair flow of promotion, it would not, in my opinion, be desirable to suspend these Regulations."
I am not aware of any present reason for changing the opinion I then expressed. This serious deficiency is, however, under the consideration of the Department, with a view to the suggestion of some remedy if possible.
asked whether it was worth while to spend so much money on the Militia if they were not to be maintained in an efficient state?
[No reply.]
Law and Police—Armed Burglars
asked the Secretary of State for the Home Department, Whether, in view of the dastardly outrages recently committed by armed burglars, he will consider the advisability of immediately introducing a short Bill, giving the Judges power, on conviction, in all cases where weapons, dangerous or destructive to human life have been used, or, (if thought advisable) where they have been found on the person of the burglar, to order flogging, in addition to the punishment already provided; and, whether the punishment of flogging has been found to have a most salutary and deterrent effect, in cases of garotting and robbery with violence?
Sir, this is a matter which has often been considered, and a great deal is to be said on both sides; but I would rather not commit myself to an opinion in the negative. Certainly, the last time when it was proposed to extend to various offences the punishment of flogging, the opinion of Parliament was decidedly adverse.
Gibraltar and Spain—Expulsion of Spanish Subjects
asked the Under Secretary of State for the Colonies, Whether the statement reported to have been made by the Spanish Home Minister, in the Spanish Senate, that 5,000 Spaniards had been expelled from Gibraltar in retaliation for the measures adopted by the Spanish Government to prevent an invasion of cholera, is correct?
No, Sir; the action taken by the Gibraltar Government was in nowise one of retaliation, but one of necessity. There would have been, and is, no objection to admit the Spaniards as usual, did the Spanish Government allow them to return each night to Linea. This, however, the Spanish officials will not allow. They have, therefore, been kept out, as, if once admitted, they would not be allowed to return to Spanish territory, and the Government of Gibraltar would be compelled to lodge, feed, and employ these aliens, and in the event of a visitation of cholera would find the city, which is already crowded, saddled with the addition of thousands of Spanish subjects.
Law and Justice (England and Wales)—Isle of Wight Petty Sessions
asked the Secretary of State for the Home Department, Whether his attention has been called to a paragraph in the Hampshire Independent of the 16th instant, which states that, on the preceding Saturday, the whole business of the Isle of Wight Petty Sessions was brought to a standstill, and great inconvenience thereby sustained by the refusal of two magistrates to take their seats on the Bench, although they were within the building at the time; and, whether, if this allegation is true, he will, either himself or through the Lord Chancellor, convey to these gentlemen his disapproval of their conduct?
Before I take any official action, I should have more authentic information of the matter than is contained in a newspaper paragraph. When the circumstances are brought before me, then I shall see what should be done.
Egypt—The Conference
asked the Prime Minister, Whether the labours of the Conference had arrived at such a point that he could inform the House whether application was likely to be made to Parliament to sanction any official arrangement?
No, Sir; I cannot give any information at present. The Conference met to-day, and meets again on Monday. I cannot say positively, but I am not without hope, that after that meeting on Monday I may be able to give more definite information on the subject.
Abyssinia—The Treaty
said, he wished to ask a Question as to the non-appearance of the Abyssinian Treaty. The other documents were published that morning, but the actual Treaty was not. When would it appear?
, in reply, said, he believed that Paper would be distributed in the course of the day.
Local Government Board (Ireland)—Mr. J. D. Elliott, Rate Collector for the Blackrock Township Commissioners
I wish to ask the Chief Secretary to the Lord Lieutenant of Ireland, in reference to the debate which took place in Committee of Supply on Tuesday evening, during which certain pledges were given by the right hon. Gentleman, If he can now inform the House whether the Local Government Board have arrived at any deci- sion; and, if so, what decision, as to the further employment of Rate Collector Elliott?
Sir, the following letter has been received by the Under Secretary from the Blackrock Town Commissioners:—
"Blackrock Township, Secretary's Office, Town Hall, Blackrock, July 23, 1884.—Sir,—In reply to your letter of the 13th ultimo, I am directed by the Commissioners of Blackrock to state, for the information of His Excellency the Lord Lieutenant, that the reason which led the Commissioners to realize the securities given by Mr. Elliott at the time of his appointment was as follows:—Finding the rates much in arrear, the Commissioners called on Mr. Elliott for an explanation. He at once informed them that relying upon the practice which had existed ever since Blackrock became a township—namely, that a period of two years was allowed to the collector for the collection of the rates, he had retained in his hands money belonging to the Commissioners which he had collected and was then unable to pay them in cash. He made a full disclosure of the sums so retained, and handed over to the Commissioners house property, which they have reason to believe will, together with the securities referred to, cover the amount, and they obtained from him additional securities to replace those realized, and to provide for his punctuality in future. I am directed to add that the Commissioners have, of course, altered this vicious system of collection which led to these irregularities.—I have the honour to be, Sir, your obedient servant, J. M. PORTER, Secretary. To the Right Hon. G. O. Trevelyan, M.P., Chief Secretary for Ireland."
The Irish Government and the Local Government Board have no doubt whatever that Mr. Elliott ought to be removed from his office. This can be done at once by issuing a Sealed Order, under the 33rd section of the 1 & 2 Vict., c. 56; but the Board of Guardians might complain of such a mode of dealing with one of their officers without communicating first with them. The Board of Guardians will accordingly be requested at their next meeting to call upon Elliott to resign, and to inform him that the Local Government Board has determined not to allow him to retain a position of trust in the Poor Law, and that they will be prepared, under the section above referred to, to remove him if he does not resign. I am sorry to make what would otherwise be a premature statement; but considering that the Blackrock Town Commissioners have practically refrained from answering our letter from the 13th June to the 23rd July, and then only did it under pressure, I should hardly be justified in taking any other course, and therefore I think Parliament is entitled to hear, at the earliest moment, our decision.
Municipal Elections (Corrupt and Illegal Practices) Bill
I wish to state, for the convenience of the House, that we are desirous of going forward with the Municipal Elections (Corrupt and Illegal Practices) Bill; and I shall therefore ask the House to go out of Committee soon after half-past 11 this evening.
I beg to ask the right hon. Gentleman, whether it is still intended to proceed with the Medical Act Amendment Bill?
I hope to be able to state that to-morrow.
The Bill is down for Monday.
Yes; but I hope to be able to state the intentions of the Government regarding it to-morrow.
Orders of the Day
Ulster Canal and Tyrone Navigation Bill.—[Bill 244.]
( Mr. Courtney, Mr. Herbert Gladstone. )
Bill Referred to Select Committee
said, he had to inform the House that he had two alterations to make in reference to this Bill. The first was simply a Resolution, authorizing the insertion of money clauses. That was a matter of course. The other matter was—it had been found that the Bill must be referred to a mixed Committee—three Members to be nominated by the House, and two by the Committee of Selection. He should, therefore, propose to discharge the Order for Committee on next Monday, and move that it be referred to this Hybrid Committee. It would not prejudice the important provision asked for by the hon. Member for Monaghan (Mr. Healy)—prohibiting the sale of the Canal to any Railway Company—as to which he hoped to be able to arrange satisfactorily.
asked if the hon. Gentleman would give any assurance as to who the Members of the Committee would be, or would this proposal in any way withdraw from the House the power of Amendment?
, in reply, said, that when the Bill had been reported from the Committee it would be competent for the House to recommit it. As the number of the Committee was so small, no assurance could be given as to who the Members would be.
Order for Committee upon Monday next read, and discharged.
Bill referred to a Select Committee of Five Members, Three to be nominated by the House and Two by the Committee of Selection.
Ordered, That all Petitions against the Bill presented two clear days before the meeting of the Committee be referred to the Committee; that the Petitioners praying to be heard by themselves, their Counsel, or Agents, be heard against the Bill, and Counsel heard in support of the Bill:—Power to send for persons, papers, and records; Three to be the quorum.
Supply—Civil Service Estimates
SUPPLY—considered in Committee.
(In the Committee.)
Class Iii.—Law and Justice
(1.) £105,764, to complete the sum for Criminal Prosecutions, Sheriffs' Expenses, &c.
said, he wished to call attention to a matter which properly arose under this Vote. In the first place, he thought there ought to be a diminution in the amount of the Vote, seeing that there had been a considerable diminution of crime in the country during the last few years; and he thought, if certain steps were taken, which he intended to point out, the amount of the Vote might be still further reduced. The Committee would be aware that, in accordance with the recent decision which they had come to among themselves, the Judges now thought it their duty, when on Circuit, to deliver the gaols of all the Sessions' prisoners who might be in prison at the time they went on Circuit. The operation of that rule had, no doubt, very considerably increased the expense to which the country was put in connection with criminal prosecutions; and he would ask his hon. Friend the Secretary to the Treasury (Mr. Courtney) to state, if he was able to do so, what the difference was in the average charge of cases tried at the Assizes as compared with those tried at Sessions. The way in which the new rule operated was this. When a Judge went into an Assize town—and he might mention Manchester, because, as hon. Members knew, he was connected with the administration of justice in that city, and, therefore, was acquainted with what occurred there, although he had no doubt that the same thing occurred in other towns—when a Judge went into Manchester, whether the number of prisoners in gaol was large or small, he had to try them all, and the practice involved a considerably increased charge under the present rule, although he was not aware what the actual increase of expense was. His opinion, however, was that the cost of the trial of prisoners at Assizes was almost double the cost of trial at Sessions. It was obvious that it must be so. The Assize fees were heavier than those at Sessions, and the witnesses, both for and against the prisoners, were engaged for a much longer time. There was another matter which he thought deserved the attention of the Committee, and it was this—even the innovation to which he objected did not involve alone an increased expense to the Imperial Exchequer, but it also inflicted a very great hardship upon prisoners. He would give, as an illustration, a case which occurred the other day, and which happened over and over again. By the practice which the Judges adopted of trying all these prisoners at the Assizes, accompanied by the power they possessed of trying them at a central station, prisoners were frequently taken from very long distances to the Assize towns, and it was often very difficult for them to bring up their witnesses. The other day, under this arrangement, a prisoner was sent from Barrow-in-Furness all the way to Manchester to be tried. It appeared to him (Mr. West) that it was a very great hardship upon the prisoner, even if he were guilty—for he was only a boy, and sentenced to a few days' imprisonment—to be tried in another and a distinct Division of the county of Lancaster, after having been sent, on a charge of committing some trifling offence, all the way from Barrow-in-Furness to Manchester, a distance of more than 70 miles. If he wished to call witnesses, how could he bring them up, when they might have to remain in Manchester for a week or 10 days before the trial came off? These were difficul- ties which arose from the new practice which had been adopted by the Judges. He was not complaining of the Judges at all, nor would he say that, under the present system of administering the law, they were not right in what they did. But the evil of which he complained was a great one; and he could not help thinking that the Government and the House of Commons ought to look into the matter, and devise some remedy for a state of things that ought not to be allowed to continue. The gentlemen serving upon the jury were also complaining of the fact that the duty of trying such offences was thrown upon them; and that was not all. The Judges themselves who had adopted this new practice were frequently found making public declarations that a great hardship was thrown upon them when they were called upon to try such cases. He, therefore, could not help thinking that some remedy ought to be considered and, if possible, adopted; for, as the matter went on, it would become more and more important. It was known that the Judges had lately entered into a bargain with the Treasury as to the scale upon which they were to be paid their Circuit expenses. What that bargain was he did not know; but he hoped to hear something about it in the discussion of the present Vote. If the newspapers were right, the public were given to understand that the expenses of the Judges during the time they were on Circuit were to be paid by the day. He was afraid that the tendency of that arrangement would be to throw a good deal of unnecessary work upon the Judges. He was not prepared to say that the Chairmen of Court of Quarter Sessions or the Recorders would shirk their own part of the duty; but where there were a body of men paid for the discharge of certain duties, and another body either not paid at all, or at a very diminished rate, somehow or other the paid body very generally got a larger share of the work than the unpaid body. Whether that would be the result in this case he was unable to say; but such a scheme would tend towards an increase of the duties of the Judges; and on the part of the Chairmen of the Courts of Quarter Sessions and the Recorders there would be no indisposition to allow the Judges to do a little more of the work, so that those who were not quite so well paid for it might do a little less. He hoped his hon. Friend the Secretary to the Treasury would be able to tell the Committee what was the difference in the average cost of trying cases at the Sessions and at the Assizes. He further trusted that his hon. and learned Friend the Attorney General (Sir Henry James) would be able to hold out some hope that a remedy would be applied to this undoubted evil, both in regard to the juries, the public, and the Judges themselves.
said, he would leave it to his hon. and learned Friend the Attorney General to reply to the hon. and learned Gentleman (Mr. West) upon the legal aspect of the case, while he himself (Mr. Courtney) would only deal with the financial part of it; and he was afraid that, even upon that point, he was able to give his hon. and learned Friend very little information. The present system had only been in operation for little more than a-year; and, consequently, there was not much experience to go upon. Further experience, therefore, was needed, in order to ascertain how it would work. The only way in which the financial effect could be ascertained would be by comparison with the relative number of prisoners tried at the Sessions and at the Assizes, and then comparing the average cost at the Sessions with what the cost of trying prisoners at the Assizes was, together with the length of the sittings.
said, he did not wish to trouble his hon. Friend with the average expense; but what he would like to get at was the difference between the cost of trials at the Sessions and at the Assizes.
said, he was afraid he was not in possession of the figures which his hon. Friend asked for. The actual cost of trials might depend very much upon various circumstances. For instance, there was the case, to which his hon. Friend had referred, in which a prisoner had been sent from Barrow-in-Furness for trial in Manchester. It was a very difficult matter to ascertain the cost of a trial, seeing that a prisoner might be detained at the Assizes for a much longer time before his trial came on than he would be at the Sessions. He would endeavour to ascertain whether any calculation of this kind could be made.
said, he could only state, in reference to the legal portion of the matter, that, as far as he was personally concerned, he was in favour of remitting the trial of all smaller classes of offences to the Court of Quarter Sessions. He saw no reason why they should not be tried there, instead of being sent to the Assizes. It was most important, not only in regard to the expense, but in consideration of the other important functions the Judges had to perform, that their time should not be unnecessarily wasted in the trial of trivial offences on Circuit. At present there were four Assizes, instead of the two they had formerly; and if the trials at the Court of Quarter Sessions took place immediately before the trials at the Assizes, the duties of the Judges might be relieved. If that were not so, prisoners might be left over for trial for a considerable period.
said, he thought the suggestion was worth consideration whether, if there were four Assizes in the year, as he hoped there always would be now, the holding of the Quarter Sessions just before the Assizes might not be important in order to prevent what was little short of a scandal under the present arrangement? No doubt, it would be improper for the Judges to leave prisoners in gaol awaiting trial for a long period; and at present it was necessary, as a matter of law, that the Judges should effect an entire clearance of the gaols as far as possible; but if the Sessions were going to be held very shortly after the Assizes, would it be absolutely necessary, as it was under the present terms of the Commission, to effect an entire delivery of prisoners from the gaols? Was it not possible to alter the terms of the Commission, and thus get rid of the evil?
said, it was a moot point whether it was absolutely necessary or not that the Judges should effect an entire clearance of the gaols. He thought that the Judges had come to the conclusion that it was not absolutely essential; but the practice had been to deliver the gaols, and leave no prisoner awaiting trial.
said, that if that were the opinion of the hon. and learned Gentleman the Attorney General (Sir Henry James), he would call his attention to what happened at the Spring Assizes at Lewes this year. A certain learned Judge went down to deliver the gaols at the Assizes, and prisoners were sent to be tried both from East Sussex and West Sussex. But what happened? The Judge got through a certain portion of his work, and he then stated that he had to go somewhere else, and all the prisoners who were untried had to be taken back to gaol without trial—a thing unheard of before. From his neighbourhood all the prisoners were sent to Lewes, and the witnesses had, of course, all to attend there; and the cases ought, therefore, to have been disposed of at once. He did not blame the learned Judge, because he had no doubt that he was obliged to go somewhere else; but the fact remained that the gaols were not delivered, the cases were not tried, and the prisoners had to be taken back to Lewes again some one or two months later. He thought it a circumstance which ought not to have happened; and, therefore, he had called attention to it.
said, he entirely agreed with his hon. and gallant Friend opposite (Sir Walter B. Barttelot) that it was most undesirable—and he might even use a stronger expression than that—that the trial of prisoners should have been delayed in the manner described. He hoped the recent arrangements would prevent such an occurrence in future. The new arrangement prescribed that if there happened to be more work in a particular town than was expected, or more than the Judge could satisfactorily get through in the time fixed for holding the Assizes, another Judge should be sent down to his assistance from London in order to secure that the whole of the work should be got through.
said, the recent arrangement, as they were told by the hon. and learned Attorney General (Sir Henry James), did not touch the grievances of the Judge's time being occupied in trying Court of Quarter Session cases. A scandal occurred at Wolverhampton some years ago in consequence of a Judge considering it his duty to clear the gaols. In some of the cases the parties were not ready to proceed with the prosecution; and, therefore, the Judge discharged all the prisoners, and let them loose upon society. He had in his possession a letter from the late Lord Chief Justice Cockburn, in which that learned Judge stated that in his opinion, when prisoners were sent for trial to the Court of Quarter Session, it was not the duty of the Judge of Assize to deliver the gaols. The remedy he (Mr. H. H. Fowler) would suggest was that the prisoners committed for trial to Quarter Sessions should only be tried at Quarter Sessions, and that it should not be imperative on the Judges to interfere in any way whatever. He would ask whether the Commission could not be altered so as to set the question at rest? The Commission was altered once, and altered so as to remove the difficulty; but, subsequently, on account of some difference of opinion among the Judges, it was altered back again to the old form, thus bringing about the same difficulty and expense.
said, that the difficulty just alluded to by his hon. Friend the Member for Wolverhampton (Mr. H. H. Fowler) reminded him (Mr. West) that before the Judicature Act was passed the Commission issued for the county of Lancaster was in a different form from that issued for the other counties in the country. It was issued in such form that the Judges were not required to deliver the gaols. He might call to the attention of his hon. and learned Friend the Attorney General a circumstance which had happened within his own knowledge. Within the last year an Assize had been put off because the Sessions had been fixed for two days after the date proposed for the Assizes; and if the Assizes had been held on the proposed day, the Judges would have had to have tried all the Sessions' prisoners.
asked for information in reference to the examination of the accounts under this Vote before the Comptroller and Accountant General.
said, it was impossible for the Treasury to enter into a detailed examination of the accounts which were sent in by the local authorities, when payment of the expenses actually incurred was ordered.
said, he knew that perfectly well; but he wanted to know how the various charges in the accounts were examined, and by whom?
said, he could only state that the gross amount paid over to the local authorities would be about £150,000.
Vote agreed to.
(2.) £289,822, to complete the sum for the Supreme Court of Judicature.
said, that he was himself in full sympathy with the proposal for continuous sittings, and he also agreed with the doctrine laid down by Jeremy Bentham—and he was glad to see a strong disciple of Bentham on the Treasury Bench in the person of his hon. Friend the Financial Secretary (Mr. Courtney)—that a law tax—that was an undue cost of law—was the worst of all forms of taxation. He did not propose to move the Amendment for the reduction of this Vote which stood in his name; but he would now address himself to a statement recently made by the Lord Chancellor in reply to a deputation from the county of Lancaster. The Lord Chancellor, referring to the Chancery Court of the Duchy of Lancaster, expressed an opinion that it might be possible to constitute that Court a portion of the Supreme Court of Judicature; but that a material element in the case would be the disposition, on the part of the locality, to find the necessary funds. A Return moved for last year had been produced, showing the surplus fees of the Palatine Court; and he would ask his hon. and learned Friend the Attorney General (Sir Henry James) whether he could say what the position of the public in the county of Lancaster was in regard to the surplus fees, which amounted to about £80,000? The Lord Chancellor, in reference to the Supreme Court, said that the matter was going to be made clear by a new Order as to the process of trying Admiralty and Chancery cases on the spot. He wished to know if the hon. and learned Gentleman the Solicitor General or the Attorney General could give any explanation of that new Order, and what would be the arrangements after it was issued in reference to the Assizes held at Manchester and Liverpool, because the Lord Chancellor did not make it clear whether, in the event of the business not being completed, for instance, at Manchester, the Judge would return from Liverpool to Manchester in order to deal with the unfinished business. He understood that morning that the Judge now sitting at Manchester had ordered a delay of the Commission for Liverpool, until he had completed the business at Manchester. He thought that was a perfectly fair arrangement, and he had no question to put in regard to it; but he hoped the hon. and learned Solicitor General would be able to give some information on the other point.
said, he was unable to state what form the Order would take. He knew, however, that it was proposed to provide for the hearing, both at Manchester and Liverpool, of Chancery cases that were entered for trial locally, and the Judges would go to Manchester and Liverpool to try Chancery cases at certain stated times. With regard to Admiralty cases, they often involved a great deal of expense; and it was frequently found that the arrangements that were found suitable for the hearing of Chancery cases were not at all suitable for the hearing of Admiralty cases, inasmuch as it was desirable to fix a day for the latter eases, when it was possible to get the witnesses to attend. There would always be a difficulty, therefore, in sending anyone down to try Admiralty cases locally; and he was unable to say how it was proposed to deal with them; but, as regarded Chancery cases, it was proposed that the Judges should go both to Manchester and Liverpool in order to to try them in those cities.
said, he wished to call the attention of the Committee to the Writ Department of the Central Office of the Supreme Court. Last year a complaint was made by the hon. Member for Burnley (Mr. Rylands) that the number of clerks in this Department was too large, and the expense too great, for the work that had to be done; and he (Sir Henry Holland) was disposed to concur in that view. It was then stated, in reply, that new arrangements were to be made, which would tend to reduce the Staff, at all events, the expense of the Department. But he observed that the contrary was the case; for, in the present Estimate, there was an increase of £494 in respect of the first and second class clerks, and, ad- mitting the decrease of £200 in respect of the third class clerks, there still remained an increase of £294 in lieu of the promised decrease. He desired to know the reason of this increase; and whether it was probable that the new arrangements would soon lead to a decrease? He desired to put another question to the Government in respect of this Vote. It was stated last year, during a discussion, that the reason why the arrears in the Chancery Division of the Supreme Court were so much larger than in the Common Law Division was that the business was greater because the scale of costs in the Chancery Division was 30 per cent higher than in the Common Law Divisions, but that new rules were being made, or to be made, to equalize the scale of fees in all the Divisions. He wanted to know whether such rules had been made; and whether, if they had been made, they had been sufficiently long in operation to enable the Government to judge whether the effect of them has been to equalize the business and arrears in the Chancery and Common Law Divisions?
said, he would suggest that Probate and Divorce cases, as well as Chancery and Admiralty cases, might be tried in Lancashire, and also in other centres throughout the country. It was notorious to those who were familiar with the practice of the Probate and Divorce Court that the expenses were very heavy, and that a great part of them were incurred by reason of the large number of witnesses who were brought up to London and kept in attendance for a long time. If they were about to send Judges to such centres as Lancashire, to try Chancery and Admiralty cases, he did not see why they should not extend the jurisdiction to other classes of cases. If it was desirable to try Chancery and Admiralty cases at Manchester and Liverpool, there was no reason why Probate and Divorce cases might not also be tried, and the expense of sending witnesses to London saved; nor did he see why the number of centres should not be increased, and, for example, jurisdiction given to try cases at Bristol, Plymouth, and York. It seemed to him that a considerable amount of economy might be produced by increasing the number of centres they now had.
said, that in regard to the question raised by the hon. Member for Salford (Mr. Arthur Arnold), he was in favour of trying cases on the spot, and of allowing the Judges to sit until all the cases were disposed of, making provision that, as far as possible, they should be tried locally; but, although that applied to Chancery as well as Common Law cases, there was very considerable doubt whether Admiralty cases should not be exempted from the general rule of trying cases locally. Admiralty cases required a special jurisdiction. There were very few Judges who were qualified to try Admiralty cases, and there were only a limited number of the members of the Bar who were qualified to conduct them. They required a special training, and a special knowledge. Therefore, he thought the Admiralty jurisdiction would form an exemption to the general rule, although he admitted that facilities should be given for trying Chancery cases locally. He had not risen, however, to make a comment upon that question, but upon the more general one which was involved in the present Vote. The Vote itself was one of very considerable magnitude and of great importance; and what he wished to call the attention of the Committee to was the very large contributions to the Vote which were received from the suitors. He thought the Committee were hardly aware of how much of the expense fell upon the suitors. It would be found that the total Vote amounted to £492,000; and if hon. Members would look at the foot-note they would find that no less a sum than £409,000 was contributed by suitors towards that expenditure; so that, practically, the suitors provided nearly the whole of the expenditure they were now dealing with. He confessed that he was one of those who very much agreed with the principle that the administration of justice was a matter of common right to which everyone was entitled; and it was hard enough for a man to come into Court to defend his rights, without being subjected to a heavy pecuniary fine. A suitor, in many instances, was not only fighting his own cause, but was very frequently engaged in getting a general principle of law laid down and in settling a case for the public advantage. He was afraid it was a little too late to alter the principle which guided the general admininistration of the country now, because for many years past the suitors had been dealt with in a different way; but, at all events, he had a right to ask, on behalf of the suitors, that they should not be subjected to any further burdens. He called attention to this question because, very recently, a very considerable imposition had been put upon the suitors in the shape of the increased fees they were required to pay. He did not wish to trouble the Committee with details of the figures. A Return had been laid upon the Table of the House, and from that Return it would be seen that it amounted to something like £30,000 or £40,000 a-year. It was provided, under the new Rules, that when any discovery was required, or any interrogatories made, the parties requiring the information should be bound to deposit £5 for costs. He had protested against the Rule on more than one occasion. No doubt, it was all very well to limit interrogatories or frivolous applications; but he thought that might be done if proper attention were paid to the nature of them, and he did not think that the imposition of a heavy fine upon the suitor was the proper way of limiting such applications. It was found that for every £5 deposited there was an average expenditure of £2 15 s. for paying in the amount and obtaining a payment of it out of Court; so that every suitor who deposited £5 for a discovery or an interrogatory, had to pay £50 per cent of that amount for the information he required. He trusted that some alteration would be made, so that the practice might be got rid of altogether. He had reason to think that it was altogether unnecessary. With regard to the alteration of the fees generally by the Commission appointed to revise them, their principle with respect to these fees had been to place all of them upon what was called the higher scale. There were formerly two scales of fees, according to the amount involved—one in regard to claims under £1,000, and the other to claims above that amount. But recently, under the new Rules, all these fees had been levelled up, and all of them assessed upon the higher scale. That, however, was not all, because fees ad valorem were levied on sales under this Court; and any property sold, purchased, or mortgaged under an Order of the Court became subject to a new imposition of this nature. He hoped these matters would receive attention and correction, and he protested most earnestly against any additional fees being thrown upon the suitors. He thought they were already sufficiently heavily taxed for the administration of justice. No doubt, the Judges' salaries were thrown upon the Consolidated Fund, and the suitors were not called upon to pay for their services; but, as the question now stood, all the rest of the cost was thrown upon the suitors. It was an unduly heavy tax upon the administration of justice, which was a common interest, and ought to be borne in some measure by the community at large. He did not see why the accumulations of the fees contributed by suitors might not be made use of in cheapening the cost of the administration of justice, and he hoped to have some assurance from the Law Officers of the Crown that the matter would receive attention. He saw no reason why the accumulated fund should not be permitted to be used for the benefit of suitors in the Court, which would put an end to a considerable amount of that taxation which, at the present moment, was found to be extremely onerous.
said, he would not attempt to follow his hon. Friend the Member for Salford (Mr. Arthur Arnold) in discussing whether Jeremy Bentham was right or wrong in regard to imposing the cost of justice upon the country. A good deal had happened since Bentham wrote upon that question, and he did not think the Committee would be prepared to accept Bentham's views on many questions, and especially in reference to the administration of justice. He thought the latter part of his hon. Friend's speech answered the former part of it. He did not see, upon principle, why the general taxpayer should pay for the litigation into which other people entered. Why should a man who wanted a divorce get it for nothing, and throw the expense upon the public, who already contributed something towards the general expense of keeping up the admininistration provided by the Divorce Court? A very large sum was charged upon the Consolidated Fund in the shape of salaries, which did not fall upon the suitors at all. Although that sum did not appear in the present Vote, there was a Memorandum which showed what it was; so that it was evident the fees did not balance themselves as accurately as the hon. Member for East Sussex (Mr. Gregory) thought; and he (Mr. H. H. Fowler) was not prepared to urge upon his hon. Friend the Secretary to the Treasury (Mr. Courtney) the propriety of decreasing the fees. He had great confidence, however, that the hon. Gentleman would not decrease them; and he was sure that if he attempted to impose the burden upon the taxpayers he would meet with a strong, vigorous, and successful opposition. Much of the business of the Courts was administrative, and not contentious, and it was absurd to contend that the persons interested should not bear the burden. He wished to ask for information upon a point which had been referred to by the hon. Baronet the Member for Midhurst (Sir Henry Holland)—namely, the staff of the Central Court. He had a letter in his pocket which he would not trouble the Committee by reading; but if the statements contained in it were true, it was quite clear that a vigorous investigation was required into the whole of the administration of the Central Court. He had understood his hon. and learned Friend the Solicitor General to promise last year that such an investigation should take place. He did not know whether the hon. Gentleman the Secretary to the Treasury had had his attention called to the Return which appeared in The Times almost week by week in reference to bills of sale. Two years before the Act of 1882 they reached about 60,000 a-year. That Act was passed under the recommendations of a Committee over which the hon. and learned Gentleman the Attorney General presided, and last year the number was reduced from 60,000 to 11,000; but he did not see that there had been any reduction in the cost of the Bills of Sale Office. On the contrary, he found it was costing just as much now there were only 11,000 bills of sale registered, as it did when there were 60,000 to register. He would also ask what control there existed over what might be called the inner life of the Courts of Justice? If hon. Members turned to Page 212 of the Estimates, they would find that there was an extrardinary staff of ushers, messengers, porters, &c.; alto- gether, about 200 persons were engaged in the Courts of Justice, costing the country nearly £20,000 a-year. He believed there were about 19 or 20 Courts. No doubt the building was a very large one; but he found that there were 10 ushers and messengers attached to the Central Office; 21 to the Chancery Division; 21 to the Queen's Bench Division; 29 to the Probate, Divorce, and Admiralty Office; seven to the Bankruptcy Department; while the sub-divisions had also a large draft of their own. Who was responsible for the employment of so many persons about the Courts? Who saw that they discharged their supposed duties? And who controlled the time they devoted to them? He thought the whole of the Central Courts ought to be placed under the control of some Department of the Government—the First Commissioner of Works, or some other person, who should be responsible for the work done and for the salaries paid. It was also desirable that something more should be known as to the intentions of the Government in regard to the working of the Judicature Act, which had now been in force for something like 10 years, and for the carrying out of which £500,000 had been voted. He was expressing almost the unanimous opinion of the Legal Profession, when he said that the administration of justice was never in a more unsatisfactory state than it was at present. In fact, they were in a perfect state of general chaos. What was wanted was economical justice, and quick justice; but they got neither. Matters were getting daily worse and worse; they were continually trying fresh experiments, but they did not go to the matter root and branch. They were always trying stop-gap Acts of Parliament—trying to put new wine into old bottles, with the result that the bottles burst and the wine was wasted. That had been the course pursued during the last 10 years. There was no man more capable or more competent than his hon. and learned Friend the Attorney General to deal with the matter, and if he would deal with it in the same manner as he had dealt with corrupt practices, he would find that the House of Commons were prepared to support him. He was quite aware of the opposition that would be raised; but their forefathers had sur- mounted the opposition of Lord Eldon and those who agreed with him in those days, and he thought the hon. and learned Gentleman would receive general support now. The business of Law Reform at the present moment was increasing the cost of law and delaying the administration of justice.
thanked the hon. Member for Wolverhampton (Mr. H. H. Fowler) for the complimentary way in which he had spoken of him; but he could not quite admit that the present state of things in respect of legal procedure was worse than it had ever been.
said, his remarks applied principally to the Chancery Division.
said, they were apt to conclude that things never could have been so bad as they found them. They were apt to forget evils which had been got rid of; and he imagined that if they could go back to the state of things which existed under Lord Eldon's rule in the Chancery Courts, and in regard to the administration of justice generally, it would be found that a much greater cause of complainst existed than could be found now. He did not for one moment suggest that the present system was by any means perfect, and that there were not considerable causes of complaint; but his hon. Friend would agree with him that changes made for the sake of change were in themselves to be avoided. If they unsettled procedure, or unsettled existing regulations, out of consideration for the suitors and the expenses which had to be borne by them, they might bring about evils greater than those which they remedied. They had lately introduced new Rules, the operation of which had not yet been tested, and it would be somewhat premature, therefore, to hold out a promise of any further change at present. No one knew the difficulty of effecting changes in their legal procedure unless they had practically undertaken them. Unless they could get a concurrence of opinion among those who were intrusted with the responsibility of administering justice, the introduction of small changes would not only be dangerous in itself, but were very apt to be overborne. He did not think that any great change could now be introduced in the direction of legal reform with any beneficial result. As far as he could ascertain, the Lord Chancellor and the Judges were doing their best to increase the public satisfaction with the administration of the law. As for the minor officials about the new Law Courts, there was not one person too many for the work that had to be done. Any person who was in the habit of constantly attending the Courts would know that there was not one person employed there more than was absolutely required. The interests of the public required protection. There was an immense number of rooms in the Courts containing very valuable property and valuable papers, which it was impossible to leave unguarded. The public and the juries needed protection and direction. Formerly, they had great assistance from the police. The police in Westminster Hall acted in said of the ushers of the Court, and gave most valuable assistance. They took charge of the passages leading to the Courts, and directed persons who were required to be in attendance upon the Courts. All that was now done away with, and all the work was thrown upon the official staff. Therefore the number, large as it appeared to be upon the Paper, was impossible to be reduced.
said, he wished to call the attention of the hon. and learned Attorney General to a matter to which he (Mr. Warton) had already directed attention, but unfortunately without success. He alluded to the want of economy in regard to Clerks of Assize. At Page 209 of the Estimates, he found that there was a clerk appointed to the South-Eastern Circuit at £950 a-year. They knew perfectly well that what was called the South-Eastern Circuit was a combination of four out of five counties in the Home Circuit and part of the Norfolk Circuit. It was quite natural that so long as the old clerk of the Norfolk Circuit lived, he should be continued to be paid his salary; but he thought there should be an undertaking that, in the event of the death or resignation of either one or the other of these gentlemen, one clerk would in future be sufficient for the whole Circuit. He found that one Associate did for the whole Circuit, and one Clerk of Indictments, and why should there be more than one Clerk of Assize? As a matter of fact, the counties were taken in a certain regular order following one after another. There was, consequently, no clashing of places, and the same gentleman could go from town to town throughout the whole Circuit. When the question was last raised the hon. and learned Attorney General seemed to think that this reckless expenditure should be continued for ever; but his hon. and learned Friend might have changed his opinion since, and he would therefore ask him whether, in the event of a vacancy arising, he would arrive at the conclusion that there was only a necessity for retaining the services of one officer? The other point he wished to refer to, was the secret bargain between the Judges and the Treasury. Whether it was a dignified matter to enter into a bargain at all, he would not venture to inquire; probably, the Judges knew what was best for them to do. It had not been formally stated to the House, but it had leaked out somehow or other, that the sum of £15 15 s. a-day was to be paid to each Judge on account of his expenses on Circuit. As an ordinary rule, the Judges received £4,500 a-year, and, being allowed £500 for their Circuit expenses, they had in reality £5,000. Then putting the salary at £5,000 a-year, why, in addition, should they have £15 15 s. a-day? The bargain might be a fair and honourable one both for the Judges and the Treasury to enter into; but when he came to Page 215 of the Estimates, he could not find any item that led him to suppose that any allowance of this kind was made. The Estimate appeared to have been passed without any consideration of the effect of the change. There seemed to be an addition in the aggregate of £350; and he should like to know if that item went in any way to make up this increase, or, if not, where the increase was explained? It was possible that the Estimate was drawn up before the arrangement was made, and, if that were so, they might probably be told that there would be a Supplementary Estimate. He certainly did not see in the Vote any sort of an Estimate for this £15 15 s. a-day. Therefore, he should be grateful for an explanation.
said, he had no doubt that all this legal work could be done for about one-half of the present charge, not because the Judges objected to any reform, but because there were a great many lawyers in the House, and so long as the House contained so large a number of legal Gentlemen they would naturally get up to defend almost any abuse which gave a salary to a lawyer. He was agreeably surprised to find his hon. Friend the Member for Wolverhampton (Mr. H. H. Fowler) suggest that there should be an inquiry. He could assure his hon. Friend that he was quite a rara avis among the legal Gentlemen of the House, who naturally looked after "Number One." He wanted to know something about Masters in Lunacy and the Visitors in Lunacy. He believed that last year there was a sum of £80,021 spent on the Masters in Lunacy; and, besides that, two sums of £10,275 and £5,895 for the Commissioners of Lunacy. There was a strong feeling in the country that something ought to be done in regard to the law affecting supposed lunatics. He did not know if the Visitors in Lunacy visited private asylums; but recent events showed that persons could be taken up upon what he might term "bogus" certificates, put in asylums, and kept there without being visited by any independent official. He did not complain that the Vote was too large; he almost thought it was too small, considering the large number of lunatics there were about. He thought that, if necessary, some kind of legislation should take place. He should also like to have some information with reference to the Petty Bag Office. The salaries and expenses of that Office amounted to £1,400, and, recently, when he put a Question to his hon. and learned Friend the Attorney General, he was informed that the hon. and learned Gentleman knew nothing about it. Perhaps the hon. and learned Gentleman the Solicitor General would be able to enlighten the Committee on the subject? It was perfectly true that a year or two ago some moderate services were performed by these officials; but he understood that they were not performed now, as they had been abolished by the changes introduced into the law. Nevertheless, the salaries were still being paid. He also desired to know why the item of £225 for the Preacher of the Rolls Chapel was allowed to appear on the Estimates? What did this Preacher do? He had never heard of the Rolls Chapel, and he had never heard of a Preacher until he found that the country was called upon to pay £225 a-year for him. There was an Established Church in this country, possessing very large funds, and he did not see that it was for the benefit or good of anyone that they should vote money in order that this Preacher should preach in the Rolls Chapel, probably to no congregations.
said, he wished to make a few observations in reference to the question of fees. The charge for the administration of justice amounted to £490,852; whereas £409,000 were received from fees, in addition to other items, which brought the total sum up to £464,000. The charge upon the Consolidated Fund included the whole cost of the Judges for criminal as well as civil business; and the Vote now under consideration included a sum of £41,000 from the District and Probate Registries. He thought he was correct in saying that those District and Probate Registries were kept chiefly engaged on work connected with the proving of wills. He did not think they undertook any contentious matters, or any work that corresponded with the usual work of the Registrars of the Courts of Justice. Therefore, that sum of £41,000, together with half the judicial charge on the Consolidated Fund, as representing the criminal portion of the duties of the Judges, ought to be deducted; and he found that there would still be a profit upon the administration of justice, which, he thought, was a state of things which ought not to exist. Certainly, if the country allowed its administrative work in connection with justice to be paid for by fees, it was not desirable that they should make a profit out of it. The form in which the Estimates were produced afforded them no opportunity of knowing what portion of the fees belonged to the different branches of the administration of justice; but he noticed that the Chancery fees came to £380,000, so that a very large portion of the contributions towards the cost came from the Chancery Division. He was strongly impressed by the fact that the country derived a considerable profit out of the business of the Chancery Division. This was not a state of things that ought to be allowed, and, at all events, they ought to have some mean of ascertaining whether it was so or not. If it were really the fact, regulations ought to be carried out to diminish the fees in that branch of legal procedure It certainly could not he fair to charge the Chancery suitors with any portion of the cost of Common Law business. Another serious grievance on the part of the Chancery suitors was the great delay which arose in the conduct of business. He believed the main cause was the excessive amount of work in the Chief Clerk's office, and he would suggest that, where necessary, additional Chief Clerks should be appointed. He believed that additions might be made without any actual cost to the country. The fees from the additional amount of business transacted would pay for the extra cost. With reference to the proposal to allow Chancery cases to be heard locally in the county of Lancashire, he thought it would be regarded as a satisfactory one as far as it went. He would, however, reiterate what he had said before on the Bill of the hon. Member for Liverpool (Mr. Whitley), that the only satisfactory way of dealing with the Chancery business of Lancashire would be to incorporate in some way the Chancery Court of the County Palatine with the High Court of Justice. The County Palatine Court had, at present, its local Registries, and a perfect establishment for administration. Its only defect was, that it was limited by localities. If that limit were abolished, and if the cases could be dealt with in that Court, either in London or in the locality, he believed a great advantage would arise.
said, the hon. Member for Northampton (Mr. Labouchere) seemed to think that lawyers in that House were always in favour of increasing legal charges. He had said that they did that in the interest of "Number One," and then the hon. Gentleman went on to propose that there should be an increase in the cost of the administration of the Lunacy Law. He (Mr. Arthur O'Connor) did not know whether the hon. Member, in regard to that, was actuated by the same sort of motive. With regard to several subjects which had already been brought before the Committee, he believed they furnished good and substantial grounds for carefully discussing the Vote from beginning to end. He remembered three years ago, when he was able to obtain a detailed examination of the Vote, that after a long struggle, he succeeded in inducing the Government to reduce the Vote, because it was discovered that they had actually charged for some office that did not exist. They had charged, for instance, for four Official Referees, when only three were in existence. He believed there four Official Referees in existence now; but whether the hundreds of officers who were charged for in the present Vote were really in existence, he very much doubted. Before the Judicature Act was passed, and before the fusion of the Court of Common Pleas, the Court of Queen's Bench, and the Court of Exchequer, there was a Master in each Division respectively in charge of the discipline of the Office; but since the fusion into one Central Court, it was very hard, indeed, to find out who was responsible for the discipline and for the official staff. The official staff was now enjoying an independent and easy life, which was very remarkable. He was credibly informed that the number of officials who were present in the Court at the present day were very much below the establishment. A large number were constantly on leave, thus reducing the staff to such an attenuated form, that those who had occasion to go to the different offices, found it difficult to get their business transacted. He also thought that the distribution of officials in the different offices since the fusion might, with advantage, be revised. Some observations had been made in reference to the Writ Appearance and Judgment Department; but although the charge in the Vote for the officials in that Department was high in proportion to their number, he did not think the number of officials was too great. In fact, he fancied that that particular Department was undermanned-and short-handed. They were not paid enough for the work they had to do; but in regard to the other Departments, he certainly thought the staff ought to be overhauled and reduced. He could not see what the Chief Remembrancer's Department wanted with two first and two second class clerks. He did not see what work there was for so many officials, and he thought the Office might be advantageously inquired into and recast. Last year he had directed the attention of the hon. and learned Gentle- man the Attorney General to the Taxing Officers. Every year there was a large number of cases which might be closed, but which were kept open for months, because the taxing of the costs could not be proceeded with, owing to the fact that the Taxing Officers were away during the Vacation. He thought it was not too much to ask, in the interests of the great body of suitors, that there should be some continuation of sittings in the Taxing Office, so that costs might be taxed without the suits being kept open for months after the close of the sittings. He could not help feeling, in regard to the arrears in the Courts, that more Judges ought to be appointed. If the Government were not inclined to increase the number of Judges, he would venture to suggest a very easy and cheap expedient that would relieve the difficulty, without increasing the expense. In England, there were not enough Judges; whereas, in Ireland, there were too many. If they would increase the English Judges by three, four, or five, the Irish people would make no complaint whatever if they availed themselves of the existing staff in that country.
said, that some three years ago he had called the attention of the hon. and learned Gentleman the Attorney General to the question of the Taxing Masters in Chancery, and the delay which took place in the taxation of costs. The hon. and learned Gentleman admitted the grievance, and promised that the matter should be inquired into. He supposed the matter had been looked into; but no change had been made. He had had cases sent to him in which sometimes the taxing of the costs took up a longer period of time than the original suit. The Taxing Master appointed an hour, say, at the beginning of May, and half of the hour was wasted while the parties awaited the arrival of the Taxing Master. Then, after six weeks or two months, he appointed another hour; and so matters went on with the result that the life was worried out of the poor suitor before he succeeded in having the case settled. This was a question in which the lawyers themselves had no direct interest. He did not think they cared anything about it, and therefore he did not think they would oppose a reform in this particular branch. He was sure that if the hon. and learned Gentleman the Solicitor General could see his way to facilitating the taxing of costs, he would do a great deal to benefit the wretched suitors who were kept in suspense under the present system. He saw in the Vote an item of £20,000 for the fees of Taxing Masters, and he was afraid that either their attendance was insufficient, or that they were too few in number. If they required more men to do the work effectively, he did not think it was good economy to grudge the money. He did not understand that that was really the case; but if, on the contrary, it was the system that was in fault, the hon. and learned Solicitor General would do good service by looking into the matter.
said. he had to complain of the cost of the Bankruptcy Division. Last year they voted for that purpose £34,537, and this year the Vote amounted to £94,712, being an increase of more than £60,000. They would shortly be required to vote a further sum of £40,000, making the total increase £100,000, together with £20,000 for Non-Effective Services, owing to the changes which had formerly and lately been carried out in the Court of Bankruptcy. He thought that was a most extraordinary charge, considering that the Court of Bankruptcy in Ireland only cost £10,000, the Supreme Court in Ireland £90,000, and that the charge for Law and Justice in Scotland was £62,000, making altogether £162,000; whereas, in England, the Court of Bankruptcy cost nearly as much. It certainly appeared to be extraordinary that in Ireland and Scotland the Court of Bankruptcy and the administration of Justice together, could be maintained for a sum little more than the cost of the Bankruptcy Court in this country.
said, that the Taxing Masters were a very highly qualified and hard-worked class. They did the work not only in their offices, but a good deal of it at home, in order to facilitate the interests of the public. If there was more delay than was desired, it was not the fault of the Masters, nor was it due to any want of exertion on their part. At certain periods of the year there was very great pressure upon them, but they were most anxious to facilitate the work.
stated that the next vacancy in the Office of the Petty Bag would not be filled up. He did not say that the Office would be abolished, but there would be a re-arrangement of the duties. The hon. and learned Member for Bridport (Mr. Warton) had called attention to what he called the "secret bargains" between the Judges and the Exchequer with respect to their expenses while on Circuit. He thought the hon. and learned Member must have overlooked a Memorandum which was laid on the Table some months ago, giving full particulars of this arrangement. The sum, however, was not £15 15 s. a-day, but very much less. As to the Masters in Lunacy, the remarks of the hon. Member for Northampton (Mr. Labouchere) ought to have been addressed to the Lunacy Commissioners. He was astonished at the ignorance of the hon. Member in regard to the Preacher of the Rolls Chapel. One of the greatest of English Divines had been Preacher at the Rolls Chapel. It was there that Bishop Butler preached his great sermon on Human Nature. He might say for himself that he had very frequently attended that Chapel and listened to this Preacher, when Sir John Romilly was Master of the Rolls. The hon. Members for Carlow (Mr. Macfarlane) and Queen's County (Mr. Arthur O'Connor) had spoken of the action of the Taxing Masters, to which the hon. Member for East Sussex (Mr. Gregory) had given a reply. He could only add that some improvement in the working of that Office might be looked forward to. The functions of the Queen's Remembrancer were not so light as were imagined, but a considerable amount of work occupying a considerable amount of time was transacted in that Office.
said, he had a few remarks to make on the items for the payment of the Marshals. He was aware that, under a Treasury Minute of the 26th of June this year, a new arrangement had been entered into with respect to those officers which, as far as he knew, was a satisfactory one. It was rather to the manner of payment than the amount of the charge that he took exception. He understood that the Judge who took his Marshal with him, made a Return to the Treasury, and that the Treasury on receipt of it gave him a warrant. Now, he believed it was notorious that in the case of one Judge on the Bench, it was his habit to give the appointment of Mar- shal to his son or some relative, and to take some other person with him on Circuit to do the work. That, in his opinion, was a state of things which ought not to be allowed to continue, and he thought that the Treasury ought to make it obligatory upon the Marshals to state that the payment made was to the person who had done the work. If that rule were established, he believed that the practice to which he had alluded would cease.
said, with reference to the inquiries of the hon. Member for Wolverhampton (Mr. H. H. Fowler) and the hon. Baronet the Member for Midhurst (Sir Henry Holland) as to the salaries of the clerks in the central office and the amount of work done there, he would recall to the recollection of those hon. Members what he had stated last year upon the subject, and on an occasion prior to that. A Committee had been appointed by the late Lord Chancellor, of which he (Sir Farrer Herschell) was a Member, to consider the question as to what would be done in respect of the central office under the Judicature Act. That Committee made such recommendations as appeared to them right upon the knowledge which they then possessed. But their view on the whole was, that it would be impossible to determine what would be the real number of clerks required in the central office, until experience had shown the amount of work and how the subject ought to be dealt with, which could only be arrived at when the whole establishment was at work. That being so, he would, in due course, call the attention of the Lord Chancellor to the question whether the time had not arrived for inquiry, in order to ascertain the extent of the duties performed in the central office. He pointed out to the Committee that where it was necessary to deal with a number of offices of this description, it was impossible, until the old officials ceased to exist, to get the arrangements into the shape desired—a condition of things which could only be reached at a more remote period. With regard to the observations of the hon. Gentleman the Member for East Sussex (Mr. Gregory), he begged to remind him that the matter to which he had referred was brought forward on the Courts of Judicature Bill, when he had stated that the question as to some of the fees should be considered, because he thought that a case had been made out for inquiry. The question was, whether the fees were not dealt with too much as a whole in certain matters; whether a more careful classification might not be made; whether fees, which in one class of cases might be reasonable, were not equally reasonable in another class of cases; and whether fees might not be separated, instead of being, as was now the case, classed together? He was prepared to admit that there might be some inequality existing in this matter, and he quite agreed with his hon. Friend that it would be possible, without diminishing the amount raised by taxation of the suitor, to make some readjustment by which a more equitable arrangement could be arrived at. With regard to the work of the Taxing Masters, he at once admitted that there was delay in the case of some of those officers, at all events. There had come within his own observation delays which ought not to have occurred. Very recently, a case had come under his observation in which an altogether inordinate time was consumed in the taxation of a bill of costs which the solicitor was most anxious to get taxed as soon as possible. He agreed that such delays should not take place, and he would urge the matter on the attention of the Lord Chancellor.
said, he should like the hon. and learned Gentleman the Solicitor General to answer one question. Were the Government going to take into consideration the block in the Chancery Division, with a view to remedying it, either by increasing the number of clerks to the Judges, or by other means?
said, that the Government had taken one step—a considerable one—in the direction indicated by the hon. Member for Preston. They had relieved the Chancery Judges from going Circuit, and retained them exclusively for the duties of the Chancery Division. He believed that arrangement would be found to constitute a considerable addition to the power of the Court. The increase of the number of Chancery clerks was another matter, and it deserved consideration, because he thought that the block in Chambers was, perhaps, more pressing than in the Court itself.
said, he must ask the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) why such considerable differences existed in the amount of salaries paid in respect of the various District Probate Registries? It appeared by the Estimate that, amongst others, the salary of the Registrar at Birmingham was £800; at Carlisle, £700; at Exeter, £1,000; at Lichfield, £800; at Northampton, £250; and at Wakefield, £1,200. The assignment of these salaries appeared to him to be made quite irrespective of the size of the places where the District Registries were situated, because, for some of the smaller districts, more money was paid than for the larger districts. For instance, Birmingham was a large district. [Mr. COURTNEY: No.] Was he to understand that the Birmingham district was smaller than the Wakefield district? The arrangement appeared to be most extraordinary
said, that the amount of the salaries was according to the work to be done. Lichfield, for instance, was the centre of a considerable district in which there was a large amount of work.
said, there was one point on which he desired to have some information from the hon. and learned Gentleman the Solicitor General. That hon. and learned Gentleman had mentioned what was undoubtedly a fact—namely, that a great deal of the existing block in the Chancery Division was due to the block in Chambers. The question he wished to ask was, why there were some Masters who never sat in Chambers?
said, the reason was, probably, because they sat in Court. He did not know to whom the hon. Member for Queen's County (Mr. Arthur O'Connor) referred. He supposed that the work was better done under the arrangement referred to; but he could not give a more precise answer without knowing the Masters to whom the hon. Member alluded.
said, that in order to make a set-off for the other expenditure, two of the clerks had been asked to give up the post of Marshal which they held, and that they declined to do so, although they offered to surrender their position as second class clerks. Was it arranged that the second class clerks were to be transferred to the central office; and, if so, would the consent of the Commissioners be obtained in some special manner to the arrangement if they did not pass the examination which would otherwise be required to be passed by the appointees?
said, he could hardly be expected to enter into the question of what was proposed and what was not proposed to be done.
It is with regard to what is being done.
said, the arrangement rested with the Judges.
Vote agreed to.
(3.) £9,078, to complete the sum for the Wreck Commission.
(4.) £376,726, to complete the sum for the County Courts
said, he had a very few words to say in connection with this Vote. He would be glad to know whether there was any Return or means by which the Committee could ascertain whether there was any truth in the statement that some of the County Court Judges, especially those in the crowded districts in the North of England, were accustomed to work seven, eight, or nine hours a-day; and whether it was true that the County Court Judges in the agricultural districts, especially in the West, had such an excellent time of it that they did not work more than 120 or 150 hours out of the year? There was a large number of County Court Judges; and, without saying one word in regard to the proper salaries which they enjoyed, or without wishing in any way to interfere with their position or number, he was bound to ask whether some table of the kind indicated could be obtained, in order that upon it might be based some more equal distribution of the work than existed at the present moment, and under which some of the Judges were undoubtedly very much harder worked than others? He hoped the hon. and learned Gentleman the Solicitor General would be able to give some information on this subject.
said, he had a few figures to lay before the Committee with regard to the number of days in the course of a year on which the County Court Judges, held their sittings. He wished to say, at the commencement of his remarks, that he could find nothing in the Returns about the hard work which the hon. and learned Gentleman who had just sat down (Mr. R. T. Reid) said was cast upon County Court Judges in some districts in the North, as compared with the comparatively light duties of other County Court Judges in the Western agricultural districts. He found that the County Court Judges in the country did not sit on the average three days a-week. Still, he agreed with his hon. and learned Friend in what he had said with regard to not diminishing the salaries of the County Court Judges, because, although their salaries had been increased within the last few years, he did not think them an undue remuneration for the work they had to perform. But there was a very serious matter in connection with this Vote, to which he desired to call the attention of Her Majesty's Government. There sat, in 1873, a Committee, which went into this question at considerable length, but which Committee, in consequence of the Dissolution of 1874, never reported. The question of the number of County Court Judges was considered, and, although he had no right to anticipate what the Report would have been, he could not help thinking that the Committee were of opinion that the number of the County Court Judges was much too great. Little or nothing had been done in the direction of reducing the number of the County Court Judges; the rate at which they improved in these matters was so exceedingly slow. He would give one or two illustrations with regard to this subject. In 1874, the Legal Department Committee sat to consider this very question among others. That Committee comprised Lord Bramwell and other persons of experience and distinction, and they made an unanimous Report to Parliament in favour of the reduction of the number of County Court Judges. But to show the energy and zeal of the Government, he would point out that they had reduced the number of the County Court Judges by one, since that Committee reported. Now, if these Judges were to be reduced in number from 60 to 30, at that rate the country would probably have to wait 300 years before that result was arrived at. After careful and exhaustive inquiry into the question, the Committee saidߞ
"The number of Judges is limited by Statute (21 & 22 Vict. cap. 74) to 60, and there are at the present time 57, so that some absorption of circuits has taken place; but Mr. Nicol is of opinion that there is room for further consolidation. We find that, although the days of sitting of some Judges occupy nearly half the year, the annual average attendance of the whole number in the last ten years has not exceeded 135 days, so that it is not unreasonable to suppose that more work might fairly be required of them without unduly tasking their powers or risking that the business should be done too quickly or slurred over. We observe from the same Return that the attendance in Court and at Chambers of the Common Law Judges averages 200 working days in the year … We are of opinion that the remuneration now prescribed by statute 28 & 29 Vict. cap. 99, for the Judges, viz., £1,500 a-year, is not excessive, although the extension of equitable jurisdiction to these Courts which was the reason for granting the increase of salary does not seem to have materially added to the duties of the Judges. Since then, however, they have had increased work given to them in Bankruptcy, and in a few instances in Admiralty suits; and it appears to us that even if future Judges are required to undertake enlarged circuits, the salary now received would be sufficient."
It was clear, from a comparison of the time occupied in former days with that at present given to the performance of their duties by the County Court Judges, that although a large addition—an addition of 25 per cent—had been made to most of the salaries, the number of days which they gave to the public had considerably diminished. In the year 1883, the number of days for the whole of the Judges was 8,034, according to the last Return. Now, people said that the County Court Judges did not do sufficient work. He did not say that they were under or over paid; he gave no opinion upon that point; but he did say that since their salaries had been increased, the number of days on which they worked for the public had diminished. He did not mean to say that the diminution had occurred exactly contemporaneously; but the figures were as follows:—In 1857, the County Court Judges sat altogether 9,019 days; in 1871, only 8,041 days; in 1879, 8,283 days; in 1880, 8,268 days; in 1883, 8,034 days. Therefore, it could not be said that they sat fewer days in consequence of their having small salaries. The real cause was that they had comparatively little work to do. The total cost of the County Court system was £600,000 a-year—a very considerable item in the administration of the country—and he should like to know from Her Majesty's Government whether the recommendation of the Committee for the reduction of the number of the Judges would be acted upon, and whether they considered that that recommendation was satisfied by the fact that the number of the County Court Judges had been reduced by one?
said, that the amount named by the hon. and learned Gentleman who had just sat down (Mr. West) represented the whole expense in connection with the County Courts. The Return which had been laid on the Table of the House in the course of the last month, showing the actual number of days which the County Court Judges sat in 1883, was, in his opinion, of that importance and gravity that he wished to direct the attention of the Government to it. In order to appreciate that Return, it was only necessary for hon. Members to adopt the most elementary principles of calculation. For instance, the Committee would be aware that there were 365 days in the year; if Sundays, holidays, some days at Christmas were deducted, there remained 305 working days during the year. Then came the question as to the number of days' holiday which a person discharging these important functions in the State required, and which would have to be taken out of the 305 working days. He ventured to think that 12 weeks was a handsome holiday for any public servant. He doubted if hon. and right bon. Gentlemen on the Treasury Bench had as long; he was quite sure the Prime Minister did not. However, he was prepared to allow 12 weeks, which, when deducted from the 305 working days, left 230 days available for the Public Service in the course of the year. His hon. and learned Friend who spoke last had told the Committee that the Judges in the Superior Courts sat on the average 200 days in the year, and he (Mr. H. H. Fowler) need not remind them that the number of days on which those Judges sat did not at all represent the time and labour which they devoted to their duties. They had to prepare their judgments, and consider a number of matters out of Court; and, therefore, he considered that 200 days was a very fair number for Judges of the Superior Courts to sit. Several of the Superior Judges sat 197 days in the year; the Judges of the Court of Appeal sat 193 days. Now, what did the Return which he held in his hand show? It showed that there was only one County Court Judge who sat on 190 days in the year; that one sat on 186 days, one on 184 days, and one on 181 days. He found that there were Judges who sat on less than 100 days; one 99 days, and one on 93 days, the salaries being precisely the same in each case—namely, £1,500 a-year—irrespective of the number of days on which they sat. He found also that 10 County Court Judges sat for less than 120 days; 27 sat from 120 to 150 days; 10 for 160 to 170 days; and eight only sat on 180 days in the year. He put it to the Committee, in view of these figures, whether the time had not arrived for reconsidering the whole of the County Court system? Either they were bound to reduce the number of Judges, or to increase the amount of work they had to do. Personally, he was in favour of regrouping the County Courts, so that they might do the same amount of work as the Judges of the Superior Courts, and do it to the satisfaction of the people. The hon. and learned Gentleman the Attorney General gave it as an excuse, the other day, that these County Court Judges had to travel some distance to their labours; but he (Mr. H. H. Fowler) had the impression that the distance which they had to travel had nothing to do with the matter. He could put his finger on a case of a Judge who sat 128 days in the year; he had to attend three Courts, all of which were within a distance of six or seven miles from his residence, and there were trains to the locality every quarter of an hour. The case of the Judge who sat 93 days was, he thought, in a locality not far from London. [An hon. MEMBER: No; it was a Lancashire case.] Yes; it was the Bacup, Bolton, Rochdale, &c., Judge. The places in which this Judge had to sit were close together, and were within easy reach of each other, so that it could not be said that a great deal of time was occupied in travelling. If they were to allow 25 per cent of the Judge's time for travelling all round, it seemed to him that it would be quite ample. He thought the time had quite come when they should consider this question as to grouping of places to be attended by the single Judge, or the increasing the duties of each individual. So far as he was concerned, he preferred increasing. Last year it appeared that 25 per cent of the civil cases tried in the Superior Courts were under £50. These were cases which the County Court Judges could very well dispose of; and if the House would only adopt the recommendation of Committee after Committee which had sat to consider the matter, and would give a County Court jurisdiction up to £100, instead of having to increase the number of Superior Judges, they would find it possible to make a decrease. He would ask the hon. Gentleman the Secretary to the Treasury to look at Page 221 of the Estimates, where he would find an item, "Conveyance of Persons committed to Prison, £2,680." That item astonished him very much, as he had thought that if they had done anything at all in the matter of Bankruptcy in the Grand Committee last year, that which they had prided themselves upon having done was having abolished imprisonment for debt in small cases. They had inserted provisions in the Bill to enable persons who went through the Bankruptcy Court, owing less than £50, to make an application to the Court to get freed without difficulty. The right hon. Gentleman the President of the Board of Trade (Mr. Chamberlain) was in this matter very ably assisted by the hon. Member for Stoke (Mr. Broadhurst), and it was certainly the impression of that hon. Member, and that of the Committee, that they had put an end to this imprisonment for debt in County Court cases. He was, therefore, unable to understand that item of £2,680, which looked very much as though the old system was still in existence. He trusted they would get some assurance from the Government that the whole system of the administration of justice by the County Courts would be inquired into; that they would endeavour to find some method either of reducing the cost, or increasing the work, of the County Courts.
said, he was quite sure the Committee would feel that those who had called attention to this matter had done a useful service. Every one, he thought, must agree that it had been shown that in particular County Court districts, experience had established the fact that those districts, as now arranged, did not afford sufficient employment to occupy the entire time of the Judges. His hon. Friend the Member for Wolverhampton (Mr. H. H. Fowler) had made a suggestion with regard to the question of increased jurisdiction, and changes in the allocation of the districts of County Court Judges, and he (the Solicitor General) thought that, even if they were desirous of increasing that jurisdiction, the matter would really require careful consideration. They would find that there would still be particular districts where there would be very little work, while in others there would be a great deal. He admitted the question was one deserving very considerable consideration. It was obvious they had now obtained an experience as to the relations of the different districts, one to another, in regard to the amount of work to be done, which they had not before, and everyone would agree it was desirable, as far as possible, to distribute the work so that no Judge should cover a district in which there was really an insufficient amount of work properly to occupy the whole of his judicial time. This question of re-grouping districts must, he was sure, be felt to be one of considerable difficulty; because when they were dealing with an existing Judge, who had been accustomed to the district in which he was now working for a long period, they could not approach a change as easily as though they were working new ground. It was not easy to make a change, except when the time came for a change in the Judge. He might say, however, in regard to certain districts in the neighbourhood of the Metropolis, the Lord Chancellor was now considering the question of re-arranging the business. He could assure his hon. Friend the Member for Wolverhampton that the matter would not be lost sight of by the Lord Chancellor and the Government, and that the noble and learned Earl and his Colleagues would direct their attention, as far as possible, to re-arranging the districts, so as to distribute the business in a better and more economical manner. There was one matter that the hon. Member had not taken into consideration, and although it was very trifling, he desired just to call attention to it. With regard to some districts, no doubt, there was very little travelling to be done by the Judges; but in connec- tion with other districts, that was not the case—it was necessary for the Judge to take long journeys from town to town. He did not say that this proposal was universally applicable; but, at any rate, in the case of some County Courts, a considerable amount might be added to the work of the Judges in consideration of the small amount of time they lost in travelling. No doubt, there were some districts where the work was not at all sufficient to occupy the time of the Judge.
said, he thought it right to call attention to a point in the discussion upon which some correction was needed. The hon. Member for Wolverhampton (Mr. H. H. Fowler) always put cases before the Committee with clearness and force; but the hon. Member could not have taken into consideration the importance of this matter to which he (Mr. Warton) was about to refer. He (Mr. Warton) had had considerable experience of County Court Judges, and he thought it was hardly fair to look merely at the number of days on which they sat. The Judges of the Superior Courts came late to Court, and rushed away early; whereas County Court Judges came early to Court, and sat late—he had over and over again known them to sit until 7 or 8 o'clock in the evening. He (Mr. Warton) put it to the Committee whether the County Court Judge was not exercising a very wise discretion when he said he would rather have two or three days in one place, when all persons connected with the cases were ready, and all witnesses were in attendance, than sit for a much longer time going leisurely through the business. With regard to travelling, there were many cases, particularly in Wales, where there were long distances between the places in which the County Court was held, and which were visited by the Judge only once in two or three months. In these cases, as well as those cases where the places were close together, it would be desirable for the Judges to get through the work in a more business-like way, and with greater expedition than was the case at present. It would be far better to have a sitting over in two or three days than to have seven days occupied over it. If the County Court Judges had their wits about them, they would endeavour, if the opportunity were given to them, to sit as long as the Judges of the Superior Courts, but to sit late in the day. It was far better, both for themselves and the suitors, to get good long days, and to finish the list before them, rather than to spin it out to an inordinate length. The Judges of the Superior Courts, even the Lord Chief Justice, lounged into Court at half-past 10 or a quarter to 11 o'clock, and were anxious to get to a meeting of Judges, say, by a quarter to 4 o'clock; but, on the contrary, County Court Judges were in the habit of sitting to 7 or 8 o'clock in the evening. The latter practice was highly to be commended. Many judical functionaries did not by any means perform a sufficient amount of duty, and it was somewhat remarkable to hear the expressions of opinion which were given, sometimes coming from very high sources, on these subjects. It was remarkable to observe that just recently a Bill had been passed to relieve from a certain portion of his functions a judicial functionary who only sat 160 days in the year. He did not consider that a sufficient amount of work for such a person to perform. On this point he was quite sure of what he said, and he should not speak with such confidence if he had not experience of many County Courts.
asked whether the hon. and learned Solicitor General was able to state how many County Judges held the double position of County Court Judge and Recorder? The position of Recorder was one which in many cases carried with it no emolument, or very little emolument.
There is nothing to prevent a County Court Judge from holding the position of Recorder.
asked whether some arrangement could not be made by which a Judge, when he obtained his Judgeship, might be given to understand that it was necessary for him to resign the position of Recorder? As he had said, the emolument in many cases was not a matter worth much consideration. In some cases it was very small—in Sandwich, for instance, it was only some £10 or £15 a-year. The position of County Court Judge, to which a Recorder might be nominated, was a much higher one of the two, and yet in many cases the titular position of Recorder was retained in addition to the Judgeship. He knew amongst members of the Bar there was a strong feeling of objection to the present system; and it was generally felt when a Recorder had been raised to the dignity of a County Court Judge, he ought to abandon the other titular position, and that the Recorderships vacated in that way should be distributed amongst the members of the Bar, who, from their position, were entitled to some recognition of that kind. He had stated that the Recordership of Sandwich was only worth some £10 or £15 a-year; therefore, it could not be said that the title of Recorder was retained because of the addition it made to the salary of the County Court Judge. In some cases, the County Court Judges received salaries of £1,500 a-year; and, seeing the small number of days which they sat, he did not think it right that they should also retain the Recordership which might bring in some £200 or £250 a-year. Some explanation could be given of the shortness of the sittings of some of the County Court Judges by referring to the number of days occupied in their situations as Recorder. When the fees of the County Court Judges were first established, it was supposed that the whole time of the gentlemen employed in that capacity would be given up to the work, and it was certainly never anticipated that any of them would be in addition receiving the salary and discharging the functions of Recorder. On the broad ground, it seemed only fair that when a Recorder was appointed a County Court Judge he should resign the former titular position for the benefit of other members of the Bar. He (Mr. Molloy) had been requested to bring this matter forward by a large number of barristers, and he placed it before the Government hoping that the point would not escape their attention.
said, he agreed very much with what had fallen from the hon. Member who had just sat down (Mr. Molloy), and he would call the special attention of the Lord Chancellor to his suggestion in regard to the Recorderships held by County Court Judges. It might be made a condition on a man being appointed a County Court Judge that he should give up his office as Recorder.
Vote agreed to.
(5.) Motion made, and Question proposed,
"That a sum, not exceeding £3,442, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1885, for the Salaries and Expenses of the Office of Land Registry."
said, the history of the Land Registry Office was so well known that he need not detain the Committee more than a minute or two in making the Motion with regard to it which stood in his name. The Office was established, as the Committee were aware, not for limited districts, but for the whole of the country, and to carry out Earl Cairns' Land Transfer Act of 1875. The failure of that Act had been long seen and well understood, and, unfortunately, it was a progressive failure. The Act continued to fail more and more every year; and he (Mr. Arthur Arnold) wished particularly to impress on the Committee the fact that, in the year 1883, the failure of the Act seemed to have reached almost the lowest possible depth. Well, he was able to state that in that year the number of new estates rsgistered in the Office of the Land Registry was, in the last six months of the year, two, whilst in the preceding six months it was four; so the total number of new estates registered in the course of the year 1883 was six. When he stated that the probable number of transfers of real property which took place in this country amounted to about 360,000 a-year, the Committee would easily understand that an Office which was registering new estates at the rate of six per annum, was not exactly fulfilling an important function in the State, and not giving them the slightest hope that at any conceivable period they would have a complete Registry of Titles. It would be seen, from the item in the Estimate, that the Office of the Land Registry at the present moment cost about £1,000 for each new estate registered. That was, probably, the greatest scandal in the whole of the Civil Service Estimates; and when he considered the smooth words used not long ago by the right hon. Gentleman the Chancellor of the Exchequer, who was a master of smooth words, in informing the House that he and the Secretary to the Treasury had made careful investigation of the whole of the Civil Service Estimates, and that they—probably two of the very ablest administrative servants of the Crown connected with the Treasury—had been unable to find a single item on which they could recommend a reduction of the Public Expenditure—when they considered these smooth words of the Chancellor of the Exchequer, all they could say was, that it was very much to be regretted that the right hon. Gentleman and his Colleague had not been more successful in their search. He (Mr. Arthur Arnold) certainly thought they might have recommended such a reduction as he was about to ask the Committee to consider this evening. But, before he advocated that reduction, he would allude to the fact that, during the present Session, the hon. Gentleman the Secretary to the Treasury (Mr. Courtney), in connection with the hon. and learned Gentleman the Attorney General, had introduced a Bill proposing to remove the Middlesex Land Registry into the Land Registry Office. Now, the Secretary to the Treasury had been distinctly challenged upon that point. He had been asked by the hon. and learned Member for Hastings (Mr. Ince) and himself (Mr. Arthur Arnold) whether the Bill proposed to effect any economy whatever in regard to Public Expenditure? The hon. Member, unless he (Mr. Arthur Arnold) was much mistaken, was silent when that challenge was made; but, at all events, he did not give a hope that the passing of the Bill would save the Public Expenditure one single farthing; and, under these circumstances, holding the strong opinion that a Registry of Titles was what they wanted, and not a Registry of Deeds, he had opposed the shovelling of the Middlesex Land Registry into that Office. It appeared the Treasury would have given the countenance of the Government to that transfer, without any proposed improvement of the system of registry; it was simply, no doubt, an attempt to avoid the scandal of bringing forward this Vote year after year. He (Mr. Arthur Arnold) was about to suggest another and more equitable method of reducing this most scandalous Vote. It was not uncommon for civil servants in this country, when there was an excess of work in their Departments, to come to the Government, or to the Members who represented them in Parliament, and ask for an increase of pay. That being so, it appeared to him (Mr. Arthur Arnold) to be only fair and just, that when in their Department there was absolutely nothing to do, or next door to nothing to do, the civil servants should submit to a reduction in their salaries. He thought it ought to have been plain to those two Officers of the Treasury—namely, the Chancellor of the Exchequer and the Secretary to the Treasury—when they entered into that very careful investigation of the Civil Service Estimates, to which the right hon. Gentleman the Chancellor of the Exchequer had referred, that they could save at least £2,000 a-year in connection with this Vote by reducing the salaries. Why should the Chief Registrar of this absolutely abortive and wasteful Office receive £2,500 a-year? No doubt, the gentleman who held the office was not to blame. It must be admitted that it was not that gentleman's fault that the office was practically a sinecure; but he (Mr. Arthur Arnold) certainly did contend that, inasmuch as that gentleman was very little worked—in fact, that he had almost nothing to do—he should submit to a reduction of his salary. He thought the Government would be justified, on the same ground on which they sometimes granted an increase of pay to civil servants, in ordering a reduction in this case. A reduction might also be made in the case of nearly all the servants in this Office. He had nothing personally to complain of with regard to these gentlemen, or the way in which they performed their duties; but he certainly thought it would be right and just to say that their salaries should be reduced, considering that their positions had become sinecures. There were seven gentlemen connected with the Office, the total salaries of whom amounted to £5,430. It would be perfectly right and just—nay, more, it seemed to him it would be the duty of the Treasury—to enforce such a revision as he had stated. He should have been very glad if the Government had displayed a greater disposition, during the life of the present Parliament, to promote measures of Land Law Reform, and specially to promote measures making the system of registration of titles effective throughout the country. He complained, and he was entitled to do so, that this had not been done. He believed that measures had been promoted in this Parliament of far less value to the public than such a measure would have been. He admitted there had not been very much time wasted by the Govern- ment with regard to legislation; but, looking at the importance of this subject, he should have thought preference would have been given to it. However, in moving the reduction of the Vote by the sum of £2,000, he desired not only to call attention to the urgency of reform as to this matter of the registration of titles, than which he could not conceive a reform more calculated to benefit the public at large, but he also desired most emphatically to express his own opinion that it was the duty of the Government to, at all events, reduce the salaries of the officials in this Office. It could not be contended that a man should continue to receive £2,500 a-year, another £1,500, and others £400, £350, £250, and so on, in an Office in the condition of the Land Registry Office; therefore, on the grounds he had stated, he begged to move that the Vote be reduced by the sum of £2,000.
Motion made, and Question proposed,
"That a sum, not exceeding £1,442, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1885, for the Salaries and Expenses of the Office of Land Registry."—( Mr. Arthur Arnold. )
said, he felt very much for the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) and other hon. and right hon. Gentlemen opposite on this question, seeing that they had to support a Vote which was practically unsupported elsewhere. The Committee generally must feel very much for gentlemen who had given up, in order to accept these posts, good practices—who had accepted their situations on the faith that they would continue to receive their salaries. It was extremely difficult in a matter of this kind to vote a reduction, and he (Mr. W. Fowler) most readily admitted it. But year after year they had heard the same story that nothing was doing in this Office, and he did not know what his hon. Friends had said in support of the Vote, or could say, except that which he had just pointed out—namely, that they could not, without compensation, take away an office from a man who had given up a large practice and very good prospects, to fill it. But, for his own part, he would rather give a man handsome compensation than require him to remain in a place of this kind. It was a great pity for gentlemen like these to have nothing to do, and to be obliged to go day after day to the office. [An hon. MEMBER: The Chief Registrar never goes.] He was not aware of that; but he should doubt it very much. At any rate, he would suggest to the hon. Gentleman the Secretary to the Treasury that some of the subordinate officers should have some other work given to them to do, seeing there was no work for them to discharge in connection with their own department. The clerks, for instance, might have other employment in the State so as to enable them to earn their salaries, so that it would not be necessary to dismiss them altogether from the Civil Service. Something of the kind might be done. The question was certainly a very curious one. His hon. Friend (Mr. Arthur Arnold) had pointed out that it had been considered by Committee after Committee and Commission after Commission, and yet they were no nearer a satisfactory conclusion than they ever were. They had gone through the process of appointing a highly-paid gentleman to do nothing, and that simply because, it seemed to him (Mr. W. Fowler), they had missed altogether the true principles on which they ought to have acted. He thought they would never have a Registry of Deeds worth having until registration was compulsory, not directly but indirectly compulsory. If after a certain date no transactions affecting land were valid unless the land was registered it would be found that a large amount of land would be registered. They must import something in the way of indirect compulsion if they expected people to go on the register? Why should a man go on the register. He knew a gentleman who had an excellent title, and yet it cost him a year's rent to get his land registered, and very sorry indeed he was that he registered, because he had to pay a very considerable sum for what really amounted to nothing; his friend was no better off now than he was when he was off the register. If a man did not want to do anything with his land, he could not understand why registration should be necessary. If they made it the law that a landlord could not sell his land or mortgage it unless it were registered, they would soon find him on the register. He (Mr. W. Fowler) knew there were people who denied the value of registration and said they were just as well off without it; but he thought that if there was a registration of titles and not of deeds, and the provision he had mentioned was the law, they would soon find that the expense of inquiring into titles would be very greatly diminished. His hon. Friend the Member for East Sussex (Mr. Gregory) approved of a registration of deeds, rather than of titles. Now, when he (Mr. W. Fowler) was in America, he inquired as to the system adopted there. He found that even in America, where transactions in land were very numerous, but not, he supposed, in some parts as numerous as in a great city like London, the experience was that registration of deeds led to great complication as to indexes and maps; indeed, private Companies now registered titles. A great business was carried on in Baltimore in the registration of titles by private Companies, because the public system was so imperfect. He, however, thought that if there was in this country a proper registration of titles, the difficulty experienced in America might be avoided. His impression was that they ought not to ask a man to register an indefeasible title. Some people had an idea that putting land on the register would not simplify matters; because, in their opinion, complications began to arise directly they got on the register. But the Committee had not now to decide all these details. The question before them was—What should they do with this Vote; should they pay this money or not? He should certainly listen with great curiosity to hear what his hon. Friend the Secretary to the Treasury (Mr. Courtney) had to say in defence of the Vote. He should not commit himself to any course of action until he had heard what his hon. Friend had to say; but he protested against them continuing, year after year, the sham and farce of voting £5,400 to men who absolutely did nothing at all. He thought his hon. Friends on the Treasury Bench were ingenious enough to invent some way of getting out of the difficulty. He should be glad if some of this money could be used in establishing a real system of registration if they were to have one at all. The present system had proved to be an utter absurdity. If they did register, let the register be something worth having. What they had got now was not worth having, and he did not think the register ever would be worth having if they stuck to the idea of only registering indefeasible titles. He could not imagine why any man should be so stupid as to go on the register, unless he was going to divide his land into small lots. He earnestly hoped his hon. Friend (Mr. Courtney) would be able to tell them something which would get them out of the present difficulty, and prevent them going through the process of again voting this large sum of money for nothing at all.
said, he had hoped that the hon. Member for Cambridge (Mr. W. Fowler) was going to remain faithful to the opposition to this Vote which had been expressed by hon. Members who now sat on the Government side of the House; but his hopes were somewhat dashed by the concluding observation of the hon. Member, that he trusted the Government would give some satisfactory explanation which would enable him to vote against the proposed reduction. That was the course taken by many other hon. Members after they had crossed from one side of the House to the other, as he should presently show. He would not now attempt to discuss the important question of the registration of deeds or titles. That had been argued at great length in that House for years, and had been reported upon by Committees and Commissions, and would not now be properly discussed in the few observations with which he would trouble the Committee. He would, however, express his entire concurrence in one part of the hon. Member's speech, in which he admitted that if the Office was abolished or reduced, compensation must be awarded to the officers who had done their duty faithfully, and given effect to such powers as were vested in them. This was necessary in the interests of the Public Service, for good men could not be got to leave their professions, unless compensation were to be awarded to them if the office which they were induced to enter was abolished. The only alternative would be to offer them very largely increased salaries, which the Committee would hardly be prepared to grant. But this alternative would fail, in his opinion, to secure good and able men. He would prefer to face the compensation question rather than keep an useless Office on the Votes. Certainly, the history of this Office was peculiar. In 1879 an attempt was made to reduce the salaries, and he had then argued that it would be unfair, without notice, as it were, to take such a step, though he would not continue to vote for it unless improved. But the present Secretary of State for the Home Department, then in Opposition, would not hear of such an argument. He wanted to know what the House was sitting in Committee for, if salaries could not be altered? He said the duty of the Committee would be a farce if this argument were to apply; and his name appeared in the Division List for the reduction. The right hon. Gentleman the present Chancellor of the Exchequer expressed much the same view. The majority was only obtained that year in the belief and on the understanding that more work would be found for the Office, if it was to be continued. But then came the change of Government, and with it an apparent change of opinion and votes. It was true that the present Chancellor of the Exchequer still held that the constitution and working of the Office was unsatisfactory, and the hon. and learned Gentleman the Attorney General agreed; but they voted for the salaries. In 1881 no Division took place. In 1882 again the Office was attacked, and the hon. and learned Attorney General stated that it was proposed to add to the work by adding the work of the Middlesex Registry Office to it. In 1883 the hon. and learned Attorney General said this attempt had failed; and this year another attempt had been made to take the same step. But this plan, even if sufficient, had not met with the approval of the House; and, as far as he (Sir Henry Holland) knew, no other attempt had been made to increase in any other way the duties of the Office. And now the Committee were asked again to vote in support of this Office, which had been proved to be practically useless. It could hardly be contended that, at all events, some considerable reduction might not be made in it, and he should support the proposed reduction as a protest against this continued waste of money.
said, his hon. Friend the Member for Cambridge (Mr. W. Fowler) had remarked that this Vote was insupportable, and then im- mediately proceeded to give an argument in support of it. He (Mr. Courtney) had to point out that the gentleman who took this Office had enjoyed a large practice at the Bar previous to his acceptance of the post. It was, therefore, rather unreasonable to expect that a reduction of salary should be made in the case of an official who had sacrificed a large practice to take a post of this kind on the faith of Parliament, even granting that the amount of work at present was not sufficient for the Staff. It was said, however, that they should abolish the Office altogether and pension the office-holders; but if they were to do that, they would practically make up their minds to do without land registry altogether. They could not keep those officials at the Office and reduce their salaries, on the faith of which they were induced to give up their practice; and if it was intended to develop this Office, it would be very rash and very false economy to retire them.
said, there could be no doubt that the present position of the Office was very little short of a public scandal. As a matter of fact, they were asked to vote £5,000 a-year for an Office which really did no work at all. Personally, he was of opinion it would be better to develop the Office, if possible; and what he complained of was that things should go on, year after year, in the same make-shift fashion. There was a great work to be done in registration, and this Office ought to be put to do it. Not many weeks ago he was one of a deputation who submitted to the hon. and learned Gentleman the Attorney General (Sir Henry James) a Memorandum from the Law Amendment Society dealing with the subject; and he (Mr. Hastings) thought that anyone who would take the trouble to read that Memorandum would see that there was a great work to be done in connection with land registration. There had been for many years a system of land registration in force in the whole of our Australian Colonies; and he believed that, at the present moment, there was an effort being made to extend the system to Canada. The system had been extended to other parts, and wherever it had been put in force it had proved a great success. What he and others asked was that the Government should turn their attention to the subject, and that if they found that the system had not succeeded, or was not applicable to this country, they should, at least, tell Parliament why they came to that conclusion. They had a right to know why, when there was a Land Registry Office which cost £5,000 a-year, no effort was made to extend to England the system of land registration which had conferred such great benefit on many parts of Her Majesty's Dominions. He had not the least doubt that a similar land registration was perfectly feasible in this country, all the more feasible now that a Cadastral Survey was being carried out in the Kingdom. The whole of the difficulties in the way of registration vanished as soon as that Survey was made. The question of Land Law Reform was really dependent upon thoroughly good land registration. He trusted that Her Majesty's Government would show, in some future Session of Parliament, that they were alive to the question, and that they would endeavour, either by the adoption of the Torrens' system now in force in Australia, or some other system, to give the people of this country the benefit of land registration.
said, he did not propose to enter into a discussion of the whole system of land registration; but as he had been referred to by the hon. Member for Cambridge (Mr. W. Fowler) he felt bound to offer a few remarks. He might say, at once, that he was in favour of a registration of deeds, and that he believed the failure of this Office to be due to the fact that it was an Office for the registration of titles, and not of deeds. What the Government could do was to convert the Office into one for the registration of deeds, and of that he was entirely in favour. The Government had introduced a Bill for that purpose, and the hon. and learned Gentleman the Member for Launceston (Sir Hardinge Gifford) had introduced a Bill of the same character, though carrying the object somewhat further. Both the Bills had been read a second time, and his suggestion, adopted by the hon. Gentleman the Secretary to the Treasury (Mr. Courtney), was that they should be referred to a Select Committee. In the event of those Bills, or either of them, becoming law, the Office would be necessary. In his opinion, it would be absurd to abolish the Office now; besides they could not do so without full compensation to the present officials. It was requisite, in the public interest, that they should weigh very carefully such a step, because it was evident that no one would accept an Office on the contingency of its success or failure. It was quite true that the present Registrar had given up a very valuable practice to take the Office. Under the circumstances, the hon. Gentleman the Member for Salford (Mr. Arthur Arnold) would do well not to press his Motion.
said, the hon. Gentleman (Mr. Gregory) had fallen into a slight error. The hon. Gentleman stated that Her Majesty's Government proposed to convert the Office into an Office for the registration of deeds. That was not the case. Under the Bill of the Government, the Office would remain an Office for the registration of titles; but there would be a registration of deeds as well as of titles in the same Office. He feared that would result in great complication. His hon. Friend the Member for East Worcestershire (Mr. Hastings) had spoken of the development of the Office; but the Office could not be developed through the present Registrar. He desired to speak of the Registrar with great respect; but he was bound to say it was absolutely impossible to develop the Office, and make it a really effective registry of titles through the gentleman who now held the chief Office. The hon. Gentleman the Secretary to the Treasury (Mr. Courtney) had spoken of the opinion of Parliament on this subject. His hon. Friend had laid it down that Parliament would not sanction a Bill for the compulsory registration of titles. Considering that that was the only Parliament in which the hon. Gentleman had held Office, it would only have shown respect to the independence of private Members if he had not given utterance to so confident an opinion. The opinion of this Parliament had never been taken on the subject. A proper registration of titles to land was absolutely necessary before there could be any satisfactory settlement of Land Law Reform. He entertained one deep regret, and it was that that great lawyer, Earl Cairns, was not a Liberal statesman, because, in that event, he was persuaded the question of Land Law Reform would not have been so long delayed.
said, that, although this Office was one of the greatest scandals in the Civil Service, it would be a distinct breach of faith if the Committee were to reduce the salaries of the officials. He regretted the Secretary to the Treasury (Mr. Courtney) had no proposal to make which would put an end to the scandal. Was it not possible to give the gentlemen in the Land Registry Department some other appointment? There were a large number of appointments in the Civil Service. Surely, in the course of the year, opportunities would be found of placing the Land Registry officials in positions in which they would earn their salaries. It was very strange that the Government should say they were utterly helpless in this matter. He remembered the time when the sweets of Office destroyed the appetite for reform; but in this case it seemed an extremely simple matter to find some other work for the officials in question. If it happened that in one department of a large commercial concern there was a lack of work, and there was nothing whatever for the employés of that department to do, the common sense of the managers would prompt them to find work for the employés in some other department. He put it to the Secretary to the Treasury (Mr. Courtney) why common sense should not operate in this case, and employment be found for the officials in some other branch of the Civil Service.
said, the Middlesex Land Registry Bill was before the House, and under that Bill a great deal more work would be thrown upon the Office.
asked if it was likely any change would be made in the immediate future?
said, the Middlesex Land Registry Bill had been referred to a Select Committee, and the whole object of that Bill was to put the Office on a different footing, and give it additional work.
said, that the business of the Middlesex Land Registry was altogether a great mistake, being a registration of deeds and not of titles; and he entertained a strong objection to hand over the Land Registry to any such body.
said, he hoped that his hon. Friend (Mr. Arthur Arnold) would divide. The second reading of the Bill referred to had not obtained the assent of the House in reality, although it had done so nominally; and it was perfectly certain the measure would neither pass this year, next year, nor the year after that. The hon. Gentleman the Financial Secretary to the Treasury (Mr. Courtney) simply asked to continue this sum in the Votes, because it was intended to combine with the Middlesex Registry another useless Office. His own opinion was that it was objectionable, in getting rid of one scandal, to create another just as great. He would request his hon. Friend to continue his opposition to the Vote, not-withstanding the defence of it by the Financial Secretary to the Treasury, which was really not of the slightest value.
Question put.
The Committee divided: —Ayes 32; Noes 41: Majority 9.—(Div. List, No. 179.)
Original Question put, and agreed to.
(6.) £18,690, for Revising Barristers, England.
(7.) Motion made, and Question proposed,
"That a sum, not exceeding £10,023, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1885, for the Salaries and Expenses of the Police Courts of London and Sheerness."
said, he intended to take the sense of the Committee upon this Vote, as a protest against the charge for the London Police Courts being thrown upon the Imperial Exchequer. The cost ought to be borne by the Local Authorities, as it was in Manchester, Liverpool, and other towns. If the London Government Bill had passed, the Metropolitan Government would have had to meet the charge out of the rates. He begged to move the rejection of the Vote.
said, he was not prepared to argue against the principle of the proposal of his hon. Friend (Mr. H. H. Fowler), because he quite agreed with it, and was of opinion that the charge should be defrayed out of the Metropolitan rates. But his hon. Friend was, above everything, a practical man; and he (Sir William Harcourt) would ask his hon. Friend what would happen if he succeeded in rejecting the Vote? There would then be no Police Courts in London, and no one to carry on the administration of justice. Under the circumstances, he hoped his hon. Friend would not press the Motion to a Division.
said, that his hon. Friend the Member for Wolverhampton (Mr. H. H. Fowler), in moving the rejection of the Vote, had done so because he considered that charges of this kind ought to be paid by the Metropolis, and that they should not come out of the Imperial Exchequer. The objection of his hon. Friend did not apply to the City of London, because the City paid for its own Police Courts. Those of the Metropolis outside the City had, however, always been paid for by the country; and if a charge of this nature were struck out of the Votes, it must not be forgotten that the Metropolis paid a considerable number of charges out of the local rates, such as the rates for the Royal Parks, Palaces, the Foreign Office, Home Office, Admiralty, War Office, Somerset House, the Barracks, the Tower of London, the Post Office, and other public buildings, which ought to fall upon the public generally. A large number of institutions of this kind were spread over the Metropolis; and if they were rated as other property was for drainage, sanitary precautions, and for the poor and general rates, the taxation of the inhabitants of London would be considerably relieved. At present, these public buildings escaped from contributing their fair share to local taxation, and the consequence was that the Metropolis had to pay a much larger sum than it ought to pay. He had very little doubt that the inhabitants of London paid in this way a much larger sum than they were relieved from in consequence of the cost of the Metropolitan Police Courts being defrayed by the Imperial Exchequer. Take the Fire Engine Establishments. A small and inadequate sum was contributed towards their maintenance by the large Government establishments, although a regular sum was charged upon every other description of property for their support, and the Government establishments enjoyed the full share of the protection which they afforded. The sum paid by the Government towards local taxation, on behalf of the Government establishments, was simply ridiculous compared with the value of the property and the services rendered; and the question raised by the hon. Member for Wolverhampton (Mr. H. H. Fowler) was, consequently, a very large and important one. He (Mr. Alderman Lawrence) maintained that, at the present moment, if the country paid its fair share of its local rates on account of the public establishments in London, they would have to bear a much larger burden than they now bore for the expense of the Metropolitan Police Courts, and, probably, one or two other small matters. It could not be said that his hon. Friend had brought forward any arguments for throwing the cost of these Courts upon the ratepayers of London; and he understood that his hon. Friend simply wished to take a division. But it was impossible to allow the matter to pass altogether without notice, because the charge made amounted to an allegation that the Metropolis was robbing the country. [An hon. MEMBER: Certainly.] He did not agree with the hon. Member; but, on the contrary, he contended that the Metropolis paid much more than its fair share of the cost of the public establishments. It contributed largely towards the expense of keeping up the Royal Palaces and Parks, the barracks, and other public buildings, and much more largely than there would be any necessity for, if these public establishments paid, as other establishments were obliged to do, towards the local taxation of the Metropolis.
said, he did not propose to take up the time of the Committee with any lengthened remarks. The question was a very simple one, and was thoroughly understood. But after the peculiar position which had been taken up by his hon. Friend (Mr. Alderman W. Lawrence) in defence of the Metropolis, he desired to point out that the arrangements under which the Government establishments paid local rates did not apply to London alone, but to every borough in England. In Manchester, Leeds, Birmingham, and other towns, there were large public establishments, as well as in London, and the same arrangement was applied to all of them. He should be quite ready, whenever the day came, to strike a balance between the Imperial and local expenditure. He did not anticipate any great accession of Members to the Metropolis; but he had no doubt that whoever might be sent to the House of Commons to represent the Metropolitan constituencies would, as soon as they got there, endeavour to protect the pockets of the ratepayers of London at the expense of the rest of the country. At the same time, he was satisfied that, whenever the question was raised at the hustings of the Kingdom generally, there would be a strong expression of opinion that London should bear its own local burdens exclusively, and that the country should bear theirs. His right hon. Friend the Secretary of State for the Home Department had said that he (Mr. H. H. Fowler) was a practical man. He was obliged to his right hon. Friend for the compliment, and it was simply upon that ground that he intended to take issue upon his Motion for the rejection of the Vote. No difficulty would arise, even if the Vote were rejected. The salaries of the Metropolitan Police Magistrates were not included in the Vote, but were provided by the Consolidated Fund. The expenses of the Courts were also provided for until next October. He, therefore, intended to take a division as a protest against the present state of things. If the Vote were rejected, he had no doubt that his right hon. Friend would at once bring in a Bill, which could be disposed of in a few days, imposing upon the Metropolitan Board of Works the charge that was necessary for keeping the Police Courts of London in order. He was not at all sanguine that he would be able to carry his Motion; but he should certainly take a division as a protest against the principle of London—he would not use the word "robbing," suggested by his hon. Friend the Member for the City (Mr. Alderman Lawrence)—but confiscating the property of the country for the benefit of the wealthy ratepayers of London.
Question put.
The Committee divided: —Ayes 50; Noes 24: Majority 26.—(Div. List, No. 180.)
(8.) £279,875, to complete the sum for the Metropolitan Police.
(9.) Motion made, and Question proposed,
"That a sum, not exceeding £968,298, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1885, for certain Expenses connected with the Police in Counties and Boroughs in England and Wales and with the Police in Scotland."
said, he had given Notice some days ago, chiefly for the information of the right hon. Gentleman the Secretary of State for the Home Department, that he intended to move the reduction of this Veto. He rose now, accordingly, to move that the Vote be reduced by the sum of £5,000; and he did so in order to call the attention of the Secretary of State and of the Committee to some circumstances connected with an Orange riot and fatal affray which occurred at Cleator Moor, near Whitehaven, in the County of Cumberland, on the 12th of the present month. He would state in a few words what happened. The town of Cleator Moor had a population of about 10,000. It was the centre of a mining district, and one-half of the population of the town and a large part of the surrounding population were comprised of persons of Irish nationality and of the Roman Catholic faith. For that reason the Orange leaders in the North of England had, until the present year, for some years abstained from holding any of their national meetings or festivities in the vicinity of Cleator Moor; but, unfortunately, this year the evil counsels of some of the local leaders resident in the town of Cleator Moor were allowed to prevail, and a desire to violate the peace of the town and to insult the Catholic inhabitants took the ascendancy, and had the effect of counteracting the prudent course which had hitherto been taken. It was resolved to hold a public meeting this year in the vicinity of Cleator Moor. There were, however, local reasons why the Orange leaders should have avoided holding a demonstration in this particular district; because the right hon. Gentleman the Secretary of State for the Home Department would remember that some years ago a person named Murphy, describing himself as a convert from the Roman Catholic Church, gave a series of public lectures, and issued a number of insulting handbills, the staple of his lectures consisting of foul and exasperating attacks upon the doctrines of the Roman Catholic Church. At last, in the town of Whitehaven, this person's harangues produced such an effect that a serious riot occurred, in which the unhappy man received such injuries that he subsequently died of them. This event produced an excited and dangerous state of feeling between persons of different creeds in this part of the North of England; and, therefore, it ought to have suggested itself to those who were responsible for the Orange demonstration on the 12th of the present month that if they desired to vindicate or advance Orange principles in the North of England, they ought to have selected a different place. On this part of the case he thought there would be no difference of opinion. He now came to consider the conduct of the local magistrates and police in reference to this meeting. The Orange Society was not a thing of yesterday. Its principles, its methods of proceeding, and its objects were well ascertained, and were familiarly known. They all knew that the Society had been founded for the purpose of commemorating certain events in Ireland, which had had the effect of placing the Roman Catholic people of that country for more than a century under the merciless heel of Protestant ascendancy, which led the way to those Penal Laws which formed the most disgraceful chapter in the history of English rule in Ireland, and which no man in these days attempted to justify or defend. To go no further back than the past year, the magistrates and the police in the North of England knew well what had been the course pursued by the Orange leaders in Ireland, and what fatal results had followed on different occasions when they had assembled the Orange Party together. They knew that the Orangemen had been told to keep powder in their revolvers, and not to fire them off in the gaiety of their hearts, nor to shoot unless they had somebody in front of their weapons. They knew that wherever the Orangemen had assembled in Ireland they had used deadly weapons; that they had used them on the occasion of the right hon. Gentleman's (Sir Stafford Northcote's) visit to Belfast and Dromore; on the occasion of Lord Rossmore's mock heroic demonstration in Derry, at Rosslea, and at a public meeting only a few days ago at Newry. On all those occasions, the two distinguishing features which marked the attempts made by the Orangemen against the lives of those who differed from them in religious creed were, first of all, the ferocious deadliness of the attempt to take away human life; and, secondly, the cowardliness of those who made them. They planted themselves on the roofs of houses, or concealed themselves behind walls, or wherever they could find a safe ambush, and then made a deliberate attack, with deadly weapons, upon the lives of their opponents. They knew what had happened in the county of Tyrone. Only the other day, in order to prevent the holding of a peaceful and perfectly legal meeting, the Orangemen poured in from distant places carrying sacks full of revolvers. Their sole object was to prevent, by intimidation and acts of violence, the citizens from exercising their Constitutional rights; and as they persistently refused to obey the orders of those who were intrusted with the execution of the law, and the preservation of the peace, the Constabulary found themselves obliged to eject them from the scene by force of arms; and in the pursuit one misguided youth, brought in from a distance, met with his death at the hands of the police. This having been the prelude, and these being facts that were familiar in the minds of everyone in the country, he respectfully submitted that when the members of the same Orange Society, distinguished in Ireland by their violence and lust of blood, notified their intention of holding a public meeting on English soil, and of transferring these violent and fatal feuds to this country, it was the duty of the magistrates and of the police, who were paid under the present Vote, to take special steps to prevent a breach of the peace. That was his first contention—namely, that if the magistrates had no information, further than their knowledge, of the notorious purposes and methods of the Orange Society, as proved by recent events in Ireland, and emphasized by debates in that House, of their own motion they ought to have taken steps to prevent the loss of life or any violation of the law. But the magistrates of themselves did nothing. The next step in his argument was that the magistrates and the police were fruitlessly moved to take effective action. The Catholic priest of Cleator Moor, the Rev. Father Burchall, went before the bench of local magistrates and informed them of his desire to swear an information that he apprehended a breach of the peace; that an Orange meeting could not be held in the midst of an excited people without great danger; and that he had reliable information that the Orangemen were instructed to attend the meeting armed. Surely, the magistrates ought not to have needed such information, after the firing at Newry and the successful use of revolvers at Dromore. But, far from accepting the statement of the Rev. Father Burchall, far from permitting him to lay the information he desired to make, the magistrates took no action whatever in regard to his statement; and he (Mr. Sexton) claimed that in treating with disregard and contempt the appeals of a gentleman who, by his position, by his local knowledge, by his interest in the people, and the high responsibilities of his sacred office, was entitled to peculiar consideration, were guilty of a gross dereliction of duty. The Rev. Father Burchall did not stop with the police and the magistrates. He wrote to the right hon. Gentleman the Secretary of State for the Home Department; and if it was necessary to fix the date of the fruitless appeal to the magistrates, it must have been at least a week before the unfortunate man, Tumelty, lost his life, because the letter to the Home Secretary was written on the 8th instant, at least a couple of days after the application to the magistrates. Having failed in his application to the magistrates on the 8th of July, Father Burchall posted a letter to the Secretary of State; but it was only several days after the fatal affray took place that the fact became known. As soon as it came to his (Mr. Sexton's) knowledge, he questioned the right hon. Gentleman, and it was not until he did so that the right hon. Gentleman made any acknowledgment of the fact that a letter had been addressed to him by Father Burchall. The right hon. Gentleman stated that it was received at the home Office on the 9th—that was to say, that the Home Office had at least three full days, if they believed the information of the Catholic priest of Cleator Moor, for taking effective steps for the preservation of the public peace and the prevention of loss of life. He would ask the right hon. Gentleman who received that letter on the 9th; who opened it; who read it, and what became of it? Why was no action taken upon it? Was it opened by some subordinate clerk? Was it tossed aside by some careless official, or did it only come to the right hon. Gentleman's knowledge when Henry Tumelty was lying dead with an Orange bullet through his brain? The right hon. Gentleman said that it would have made no difference if the letter of Father Burchall had reached his hands in due course. [Sir WILLIAM HARCOURT assented.] The right hon. Gentleman nodded assent. Surely, if the letter had come to his knowledge on the 9th, it would have been within his competency, and would have been part of his duty, as one of Her Majesty's Principal Secretaries of State for Great Britain, to have suggested, at least, to the magistrates of Cleator Moor that it was their duty to obtain information, to ascertain if the fact was well founded, that the Orangemen proposed to attend the meeting armed; and, if so, that they were called upon to exert their powers as conservators of the public peace for the protection of life. He, therefore, held it to be a most calamitous circumstance, whatever the cause of it might have been, that the letter of Father Burchall, received on the 9th, in reference to a danger apprehended on the 12th, had become submerged in the Correspondence of the Home Office, and was only brought to light when the fatal event had occurred. The Home Office did not listen to Father Burchall. The right hon. Gentleman did not reply to him; the 12th of July arrived, and the Orangemen, to the number of 1,500, appeared on the scene, having been mostly conveyed by special train from various parts of the county. They were decorated with the regalia of the Order, and, accompanied by bands and banners, they marched to the place of meeting. Now, however trifling it might appear to be to Englishmen who were unacquainted with the internecine wars in Ireland, the mottoes upon these banners were of the most exasperating type; the Orangemen themselves were armed with swords and pikes, conspicuously displayed, while most of them carried hidden, but loaded, revolvers. They came with a deadly purpose in their hearts, and that murder was their intention from the outset could be made clear by their conduct from the earliest moment; because, on passing the Roman Catholic church, where religious services at the time were proceeding, instead of behaving themselves as men would behave who were desirous of avoiding all wanton acts of provocation, they uttered all manner of offensive cries, and played insulting Party tunes. The playing of Party tunes might seem to the right hon. Gentleman a trifle; but to Irish Catholics they brought to remembrance attacks upon their personal liberty, and of a long series of outrages upon an unoffending people. The Orangemen, as he had said, uttered exasperating cries, and, having proceeded to the place of meeting, delivered speeches of the usual character. The meeting being over, they left the field, and returned to the town towards the railway station, along a route about a mile in length. On several occasions when the Orange Societies in Ireland had issued placards, the Government had decided that they were not to be abridged in their rights, and police were collected in considerable numbers to protect them. At Dromore there had been a meeting of the same description as that at Cleator Moor, and there, also, a large number of Catholics opposed the aggressive tactics of the Orange Party. The whole of the circumstances were, to a large degree, analogous to those at Cleator Moor. The Executive assembled 800 Cavalry, 200 Infantry, and a force of police, all of whom were employed, not to separate opposing crowds, but to render a collision impossible. Did the right hon. Gentleman mean to tell the Committee that a body of men were likely to be able to march through the streets of a town carrying swords and spears without a probability of bloodshed? What the police at Cleator Moor ought to have done was to have instructed the Orangemen to take a different route to the station, and so have prevented a collision. This was how the fatal collision occurred, according to the report. The Orange Party were armed with pistols, swords, and spears; they were dressed in the Orange costume, carried flags and banners, and were accompanied by bands of music. One of the Orangemen thrust a flag in the faces of some of the crowd, whereupon the opposing crowd, consisting of about 6,000 people, rushed in on the Orange Party; several blows were struck, and the encounter resulted in the death of the boy Tumelty. The police only numbered 45, instead of 500 or 1,000, and they contented themselves with walking in the rear of the procession, allowing the collision to take place, the peace to be broken, and life to be taken; and now the right hon. Gentleman argued that the police should be acquitted, because, after the collision, and after life was taken, and after dangerous wounds had been inflicted upon several persons, they separated the parties. He maintained that the collision ought to have been absolutely prevented, as was frequently done in Ireland. The course taken by the Irish Executive for preventing collisions in Ireland was far more intelligent than that pursued by the English police. The general effects of the methods, and purposes, and acts of the Orange Society were sufficient to have caused the magistrates to have provided a special force of sufficient strength to prevent a collision. In the second place, the local magistrates, on the request of the Rev. Father Burchall, ought to have invited him to lay an information, and on his doing so, and swearing that the Orangemen would come armed, they ought to have considered whether it was their duty to prevent the meeting. In the third place, it appeared that some of the officials were guilty of the most grave and deplorable neglect of duty in allowing the solemn letter of the priest, who wrote with a view of preserving the public peace, and of preventing loss of life, to remain unnoticed for a week. Further, the police ought to have provided a sufficient force to prevent the two crowds coming together, and instead of allowing the excited Orangemen to go along the high road until they came into collision with the Catholics, they should have directed them to go by some other route, or else should have compelled the Roman Catholic crowd to keep back. With regard to the matter of arrests, it was clear that the Orangemen were the only Party armed, and that they alone gave deliberate provocation; the Catholics were victims of Orange ferocity; and yet the energy of the police was ironically illustrated by the fact that they arrested five or six of the Orange Party, but subsequently arrested, at 5 o'clock in the morning, six or seven of the Catholics, whom they took out of their beds. He threw upon the Government the responsibility of the violent death of this unfortunate youth Tumelty; and for the vindication of justice against those who caused his death, and inflicted wounds upon other persons, he begged to move the reduction of the Vote by £5,000.
Motion made, and Question proposed,
"That a sum, not exceeding £963,298, be granted to Her Majesty, to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March 1885, for certain Expenses connected with the Police in Counties and Boroughs in England and Wales and with the Police in Scotland."—( Mr. Sexton. )
I am obliged to speak upon this subject with more reserve than the hon. Member for Sligo (Mr. Sexton); because, although he has stated, with great confidence, the facts of this case, which are now necessarily under the consideration of the Courts of Law, I cannot take the same licence that he has taken. With regard to the history of this matter, I shall not offer any plea in vindication of these wretched Party processions. I could give no encouragement to Party processions, especially to those which are embittered by the odium theologicum, which are the worst of all. All I have to do in the matter is to consider whether these processions are unlawful or not. When I first came to the Home Office I found a tradition well established in that Office—a very sensible tradition. I am bound to say that, in England, we have little trouble with Party processions, except those which the hon. Member has called Irish religious processions. They do not involve English antagonism of feeling; but in Liverpool and Glasgow, and some other towns, these Orange processions have given a great deal of trouble and caused riots; and I found that the Law Officers had laid down the doctrine that if an information were sworn that a procession was likely to lead to a breach of the peace, the magistrates should declare such procession to be unlawful. That was a good and sensible doctrine, I thought, and I wished it had turned out to be the law. But, unfortunately, the law does not always turn out to be as we could wish; and this doctrine—which served us very well in regard to Salvation Army disturbances, which have sometimes approached in severity Orange riots, for we had, with good effect, advised the magistrates that when they thought there would be a breach of the peace they should put a stop to these meetings by proclamation—this doctrine the Courts of Law decided could not be sustained, and that magistrates had no power to proclaim such meetings. From that moment the situation became extremely difficult for local magistrates. When the magistrates anticipated a row, and had only a small force of police, they did not know what to do when there was a gathering of the Salvation Army and the Skeleton Army. I regret that state of things very much. With regard to these occurrences at Cleator Moor, I must say that I think the Orangemen were foolish to go to Cleator Moor; but the hon. Member seems to think that the magistrates ought to have declared their meeting unlawful; but, after the decision of the Courts of Law, the magistrates could not have undertaken to declare the meeting unlawful. The hon. Member says the meeting should have been declared unlawful, because the Orangemen were to carry arms; but I am not prepared to say that the mere possession of arms on the part of those going to a meeting constitute an unlawful meeting. With respect to the Rev. Father Burchall, what was it that he asked the magistrates to do? He asked them to prohibit the meeting, and he asked me to do so. Why did he ask this? Because he knew that his own flock would attack the Orangemen. He did not believe the Orangemen had brought these arms with the intention of using them; but he knew that the Catholic Party would be so offended that they would attack the Orangemen. That is an exactly similar case to the case of the Salvation and Skeleton Armies. In some cases the friends of the Salvation Army have said that they knew that if the Army held a meeting the Skeleton Army would attack them; but the magistrates have held that the Salvationists were not to be treated as aggressors, because the Skeleton Army were likely to attack them. That is exactly the case here. The Orangemen arrived on Cleator Moor. I have no doubt they were absurdly dressed, and may have carried absurd emblems; but if they had been left alone no harm would have been done. As to their having these arms with them, this is not a case like the Derry riots, in which Orangemen are armed to attack other people. If the Orangemen had been left alone, nothing would have happened, and nobody anticipated that anything would happen. The Catholics, however, were determined to attack the Orangemen. The hon. Member says that the magistrates despised the warning of the Rev. Father Burchall, and did nothing; but there he was altogether misinformed.
He told the magistrates that he desired to swear an information.
He wanted to swear an information that he was under the impression that the meeting would lead to a disturbance; but the magistrates told him that it was of no use to swear an information, because they could not prevent the meeting. The hon. Member is wrong in supposing that the magistrates did nothing. The magistrates thought the matter a very grave one, and gathered together 45 police constables. The hon. Member may not think that a large force. The ordinary force in that district would not have been more than half-a-dozen constables; but, on this occasion, they had the Chief Constable on the spot, and magistrates ready to read the Riot Act, if any disturbance occurred. Therefore, so far from their having neglected the warning of the Rev. Father Burchall, they expected that something serious might take place, and they collected a large force of police. I very much regret that the rev. gentleman's letter to me should have been treated in what must appear to him a discourteous manner. I do not like to throw the blame on other people, but would rather take it upon myself. What happened was, that the letter was put into the letter-box by my Private Secretary. When I get a number of letters, those which I do not answer myself are answered by my Secretary; and others, which I have not time to dispose of, are put into the box to be dealt with by him. By some error—and I should wish it to be supposed to be my own, rather than someone else's—it was imagined that I had seen this letter, and on the day after that it arrived I found it endorsed—"Seen by the Secretary of State." If I had thought that the neglect of that letter had produced any serious consequences, I should be the first to confess it; but it produced no such effect. I will say at once what I should have answered. I should have said that I was sorry that Mr. Burchall's application for the stoppage of the meeting could not be granted; because the law had declared that the magistrates could not prevent such a meeting, but that I would forward the letter to the magistrates, although I observed that he had already written to them, as well as to myself. I could not have instructed them as to what force to send, or as to what they were to do. So much, therefore, for my part in this matter. But I am prepared to maintain that the magistrates acted perfectly properly in the matter. They got together all the constabulary they could, and the force was one which was competent to deal with the case. The magistrates were there ready to read the Riot Act; but it was not necessary to do that, because, after the first collision, the police overpowered the mob. Therefore, the magistrates did collect a sufficient force to deal with the matter; and if it had not been for the unfortunate fact that the Orangemen were armed, nothing serious would have taken place. But I cannot allow this matter to be treated entirely from a one-sided point of view. The Orangemen may have been very foolish; but the Catholics were totally unjustified in attacking them with stones. They were four times the strength of the Orangemen. The hon. Member says that the Orangemen were the aggressors, and gave the provocation; but what provocation is proved? One man thrust a flag in the faces of some others. That is a thing which happens every day or so; but it would not justifiy 6,000 men in attacking another party. That is a thing which happens at every election, and for a mob of 6,000 men to throw stones at another party for such an act is a proceeding totally unjustifiable. To talk of thrusting a flag in the faces of several people as a serious provocation and as a justification of an attack of the kind which took place in this case is unreasonable. Therefore, I cannot say, much as the occurrence is to be deplored, especially the death of this boy, who took no part in the transaction, that the magistrates were to blame. What does the hon. Member say ought to be done in a case of this kind? He says the Government, or the magistrates, ought to have summoned a force of 800 or 1,000 men. But that is totally impossible. In Ireland, where there is a constant state of semi-civil warfare going on, there are plenty of police available; but in England we are not in the habit of having 1,000 men constantly ready to deal with a Salvation Army, or a Skeleton Army, or with processions of Catholics or Orangemen. ["Hear, hear!"] A small body of police is quite sufficient to deal with disturbances, and it cannot be held that whenever a row is expected 800 men are to be gathered together. This is really introducing into England from Ireland ideas with which we are not familiar. I cannot condemn the magistrates on this account. As far as I can see, they acted with prudence, and collected an adequate force, and very soon put an end to the difficulty, although an unfortunate shot produced a fatal result. No serious charge, therefore, I think, is to be brought against either the magistrates or the police. And now, what has taken place since? I wrote to the magistrates telling them that the proper thing to do was to get hold of the principal offenders without partiality, and that they have done. They have been active in arresting the ringleaders on both sides. The hon. Member says that only one Party was guilty, and that that was the Party which it appears was attacked. The Orangemen had attacked nobody. The whole row arose from the Catholics attacking the Orangemen. [Mr. SEXTON: No.] The hon. Member may say No; but, so far as the facts are stated in the Papers we have received, there was no attack with the exception of this waving of flags in somebody's face. We do not in England call waving a flag in a man's face an attack. If a man waves a flag in my face, I do not call it an attack, and I should not feel justified in throwing stones at him in consequence. If a man waves a flag in another man's face, and the other man throws a stone back, I should call the man who threw the stone the attacking party. So far as I can see, the magistrates have been perfectly impartial in endeavouring to seize all the leaders who were guilty of violence on this occasion. Whether one party was more in the wrong or used more violence than the other must be decided before the tribunal before which the case must come. But I do not see that the hon. Member has made out any case against the magistrates or the police.
said, that however the right hon. Gentleman opposite (Sir William Harcourt) might suppose that he had made out his case, he had not made it out with regard to one point on which he chiefly relied—namely, that the magistrates had no legal power to proclaim the meeting in question. He thought the right hon. Gentleman unduly underestimated the proceedings of the Orangemen on that day, and also the gravity of that movement, which appeared to have been transferred from Ireland—having been put down by the magistrates in that country—and to have come within the jurisdiction of the right hon. Gentleman himself. He (Mr. Parnell) was sorry to listen to the speech of the right hon. Gentleman, because he could not help thinking that it would be taken by Orangemen as an indirect incitement to continue these deplorable proceedings. That was not the first time in which the right hon. Gentleman had taken the side of the aggressor in attacks upon Roman Catholics by Orangemen in England. He (Mr. Parnell) recollected that, in 1882, an English village was cleared out of the whole of its Irish population under circumstances of great barbarity towards these unfortunate people. The right hon. Gentleman, on the occasion in question, in his remarks in that House, did as much as he could to excuse the doings of the malefactors, and to render the position of the Irish labouring population still more difficult with regard to earning their bread. Now, he protested against the tone of the right hon. Gentleman's speech, and he believed it would lead to further proceedings of the same character on the part of Orangemen. It must be borne in mind that these were not all Irishmen—they were chiefly Englishmen. The right hon. Gentleman was good enough to say that he would not regard the waving of a flag in his face as any provocation to him; but the mere waving of a flag was not what took place on the occasion in question. According to the Report of the Chief Constable of the district, which had been read out by the right hon. Gentleman the Secretary of State for the Home Department in the House a few nights ago, the disturbance commenced in this way—One of the Orangemen thrust a flag in the faces of some of the crowd. It was well known that flags were attached to poles, the ends of which projected several inches, if not a foot, beyond the drapery which composed the flags. He did not know whether the right hon. Gentleman had ever had a flag thrust in his face—that was to say, whether he had had a pike thrust in his face; but, if so, he (Mr. Parnell) was inclined to think that he would have been very much disposed to gain possession of the flag-staff, and retaliate in kind, and that he would not treat the occurrence with such levity as he had done that evening. But, entirely apart from the question as to who commenced the disturbance, although from the Report of the Chief Constable there could be no manner of doubt about that, the right hon. Gentleman had received full warning by letter from the Rev. Mr. Burchall, that the Orangemen intended to go to Cleator Moor to attend a meeting of the character of which the local magistrates had also full, due, and timely notice from the same source. He was inclined to ask hon. and learned Gentlemen present, with the greatest respect to the Secretary of State, whether a procession armed with revolvers, and known to be armed with revolvers and other weapons, was not an illegal procession; and whether it did not constitute an illegal assembly? The decision which was given by the Courts, and quoted by the right hon. Gentleman the other day, was with regard to an illegal assembly of an entirely different character, because it had reference to an assembly of persons not armed; but a number of men proceeding in a disciplined body with deadly weapons in their possession, and vowing their determination to use those weapons, as his hon. Friend (Mr. Sexton) had described, and going out of their way to meet persons upon whom they might use them—such persons could not be held to constitute a peaceable, orderly, or legal assembly, and as an illegal assembly there was surely some power in the Secretary of State to have prohibited it. And he wished to draw attention to another question. The right hon. Gentleman had been asked some days ago, before this occurrence took place, whether a constable could not arrest, search, and take proceedings against any persons whom he supposed to be carrying a revolver without a licence?
The hon. Member is mistaken; I do not re- member any such Question being put to me.
If it was not asked of the right hon. Gentleman, it was asked of one of his Colleagues; and the reply was that the constable had the power to do that.
I think the answer must have been that, in case of suspicion of intent to do bodily harm, a constable would have power to arrest. That would be the more legal form of answer.
said, he did not think there was any qualification in the case in question. He should be within the remembrance of the Committee, who could correct him; and if his memory served him aright, he believed the Question put was with regard to the carrying of arms without a licence simply as a breach of the Excise Law, and that the answer was that any person could search or take proceedings against a person whom they suspected of carrying weapons contrary to the Excise Law. Well, then, the carrying of revolvers without licences involved a breach of the Excise Law. The magistrates were warned that this assembly of Orangemen were going to carry deadly weapons; and, moreover, on their march, they flourished some of these within sight of the police. He submitted that, under the law, even supposing that the right hon. Gentleman had made out his contention—that it was impossible, under the recent decision of the Courts in 1881, for the magistrates or the Home Office to stop these processions—he submitted that, under the law, it was possible for the police to have surrounded the procession, and for them to have arrested and disarmed the people, carrying these weapons as was done in Ireland under the ordinary law, when people were searched, and revolvers taken from them in sackfuls. That, he said, was the plain course which ought to have been followed; it was a course which would have prevented loss of life, and it was a course which could have been taken within the law. Surely, the right hon. Gentleman the Secretary of State for the Home Department did not mean to say that he regarded the prospect of processions and meetings of Orangemen in England with equanimity. Was that what the right hon. Gentleman intended to convey to the Committee? Because he would have to face the ques- tion what would be done on the other side. Did the Government suppose that the other side could not buy revolvers as well as Orangemen? Did they suppose that when the next procession which came into an Irish district in England, where a vast proportion of the population were Irish, that the latter would wait for the Orangemen to shoot them down? That seemed to be the idea which underlay the speech of the right hon. Gentleman. [ Cries of "No, no!"] Well; but the right hon. Gentleman had offered those people, under the circumstances, no hope of protection; he declared that the law was powerless to assist them, which was equivalent to saying that they must protect themselves. Now, he had pointed out the way in which processions, either of Orangemen or of Irish Nationalists, if they took to the use of arms, which the latter had never done either in Ireland or in England, could legally have their arms taken from them. If those arms could not be legally taken from them in the way he had pointed out, he should be glad if the Secretary of State, with his superior legal knowledge, would point out the way in which it was possible to prevent persons attending these meetings and processions, when there was reason to believe they had deadly weapons in their possession. He pretended to no legal knowledge in this matter himself, and he had only given the reply of a responsible Minister to a Question recently put to him in that House. He asked the right hon. Gentleman whether it was not possible to direct the magistrates to take some steps such as he had indicated, the next time a procession of the kind went into their district, whether Irish Nationalists or Orangemen, when there was reason to suppose that they had deadly weapons in their possession, would be stopped; and whether those who carried such weapons in defiance of the Excise Law would be deprived of them? It seemed to him that both the magistrates and the right hon. Gentleman had the matter entirely within their own power, and that the right hon. Gentleman had no excuse, on the ground of the failure of the law, to supply him with the necessary means for this purpose. Well, he wished to go a little further, and be would say this—the Secretary of State seemed to think that there was an excuse for the resort to deadly weapons on the occasion in question, because, as he had alleged, an assault had been first committed by the National Party on the Orangemen, by the throwing of some stones. He (Mr. Parnell) had shown by the Report of the Chief Constable that the assault, legally and morally, first came from the ranks of the Orangemen. However, passing that by, he contended, notwithstanding the statement of the right hon. Gentleman, that no man was justified in resorting to the use of deadly weapons, unless he supposed that his own life was in danger.
The hon. Member must have misapprehended me. I never intended to convey any such impression. Far from it; I am of opinion that such conduct is most improper, and most to be condemned. But I will say no more upon the subject, because the matter is under investigation.
said, he was bound to defer to the statement of the right hon. Gentleman. He accepted it fully, and to the utmost extent; but, certainly, the impression made by his statement the other day upon his mind was such as he had described. But he wished to reiterate that nobody was entitled, even under circumstances of great provocation, to resort to deadly weapons, except for the purpose of protecting his own life, and when he fully believed that he would lose his life if he did not do so. He believed that was the law; and he believed the result of these proceedings would be to show the Orangemen that they were not entitled to resort to the use of deadly weapons, even though children might hiss them, or even throw stones at them. He should be glad to hear from the right hon. Gentleman the Secretary of State, or some other Minister, a statement on this point. He would repeat that the reply of the Secretary of State had produced a most unfavourable impression on his mind. The right hon. Gentleman had his hands sufficiently full of Salvation Army riots, and other disorderly proceedings, without incurring additional riots of an Orange or Nationalist character. The right hon. Gentleman might depend upon it that if a little firmness were displayed the whole thing would be put down. Immediately the Irish Executive used the powers which they had for dealing with such business in Ireland the whole thing melted away like snow before the sun. He sincerely hoped that the right hon. Gentleman would not allow that wretched religious antagonism to come to a head in this country. He submitted that the Irish labourers and artizans living in England and Scotland, who were toil-fully earning their living, were entitled to some protection from the law. In the days when they first came over to England, driven by famine from their native country, they were treated as outcasts, and not entitled to the consideration given to their fellow-men. But that time had gone by, and he trusted the right hon. Gentlemen would not allow the condition of things to be repeated under which these unfortunate men had dragged out their existence. Poverty-stricken they might be, many of them without education; but the Government should remember that the poverty and other evils which surrounded them in England were due to English misgovernment of Ireland in times past. He submitted that these people had a special claim on the Government for protection, and that the Government should see that its duty lay in affording them that protection by putting an end to the infamous attacks to which they had been subjected.
said, he desired to make a few remarks in answer to the moderate and reasonable speech of the hon. Member for the City of Cork (Mr. Parnell). He entirely agreed with the hon. Member that the Irish population in this country deserved all the protection which could be given to them by Parliament and by the Government. England derived great ad-vantage from their labour, which constituted a considerable portion of the national wealth, and they were entitled to quite as much protection and consideration from the Government as any other part of the population. He should deeply regret if, holding the scales as it were between the two Parties, any words of his could be considered as giving the smallest encouragement to that bitter feeling which he thought the Orangemen had displayed towards their opponents on the occasion in question. He repudiated the idea of such a thing, which he believed would be productive of considerable evil in England, as well as in Ireland. The hon. Member for the City of Cork had suggested several ways in which this matter could be dealt with. He asked whether the Secretary of State for the Home Department considered the present state of things satisfactory. His (Sir William Harcourt's) answer to that was, that he thought it most unsatisfactory, inasmuch as it placed the population and magistrates, in towns where there was not an overpowering body of police, in an almost helpless position on occasions such as these.
Would not the Secretary of State for War send a regiment, if application were made by the magistrates?
said, that was a last resort; not one to be used every day. The Secretary of State for War, had it been deemed necessary to do so, would have been able at once to place a military force at the disposal of the magistrates, there having been a force at Carlisle. But he did not think the present state of the law satisfactory, and he would very much like to establish what he believed would be a beneficial change in it—namely, that the magistrates should have power, upon well-founded apprehension of a breach of the peace, to prevent such breach of the peace. He had believed that power already existed; but the Judges had recently decided otherwise, and he was quite willing to introduce a Bill declaring that to be the law. He knew there might be a certain amount of jealousy, on the ground that this power might be used to prevent legitimate meetings; but he did not believe that result would follow. In his opinion, the magistrates, where the police force was not overpowering, and where the public peace was endangered, should have this power. Such was the remedy he proposed. But as to the remedy suggested by the hon. Member for the City of Cork, he did not think it would be efficient. In the first place, the Excise Law could do nothing as against the pikes; and, secondly, it could do nothing against persons who had an Excise licence, because any man could get a licence, and he should not wonder if these people had Excise licences at the time of the occurrence. Therefore, he did not think the proposal of the hon. Member would be effectual. He entirely agreed with the hon. Mem- ber that it was not because people were attacked that they were justified in using firearms. Such an act was most cowardly and monstrous. But he did not wish, seeing that the case was before the proper tribunals, to say more upon this subject than that he deeply deplored what had taken place, and that he hoped, from what had been said that evening, that he should be encouraged in introducing a measure to give power to the Local Authorities to prevent meetings when there was a well-founded apprehension of a breach of the peace.
said, he agreed with much that had fallen from the right hon. Gentleman the Secretary of State for the Home Department. He had himself, in former times, been placed in a position of some difficulty, under circumstances similar to those which had been the subject of discussion that evening. They were not accustomed to see these disturbances in England as they were in Ireland; they were happily unknown here, and he need not say how deeply he regretted that anything in the nature of a demonstration on either side should have occurred which tended to produce a breach of the peace. The magistrates in this country were really in a very difficult position under such circumstances, because they very often had not at their disposal sufficient physical force to help them in case of disturbance. But the reason was obvious; because, as he had remarked, it was not the habit of the people in this country to have such meetings; they did not want them, and when they did occur it was on special occasions only. He had taken much pains to make himself acquainted with what had occurred at Cleator Moor, because he was naturally largely concerned and interested in an event which had taken place in a county adjacent to his own. Before concluding, he desired to pay a tribute to the judgment and excellent qualities of the Chief Constable in the district, than whom he believed there was no officer who more thoroughly knew, or more conscientiously acted up to, his duty. He was also bound to say that the observations of the right hon. Gentleman the Secretary of State for the Home Department with reference to legislation on this subject were worthy of the fullest consideration; and he begged to assure him that any Bill which he might bring forward for strengthening the hands of magistrates in the direction indicated, should receive his conscientious attention, quite irrespective of Party views. No one could deplore more than he did the growing custom of carrying arms, and he should indeed be glad to see a stop put to it; for the danger connected with the practice in large towns, politically and otherwise, was extremely great. Finally, the remarks made upon this practice by the hon. Member for the City of Cork (Mr. Parnell), were, in his opinion, worthy of the consideration of the House and of the country, and he trusted sincerely that they would be acted up to in their spirit.
said, he was sorry that the right hon. Gentleman the Secretary of State for the Home Department had not condemned, with all the authority of his position, the conduct of those persons in Cumberland which had brought this calamity on the district. It was true the right hon. Gentleman had condemned the spirit shown; but he (Mr. Willis) failed to hear any condemnation of the men who had weapons in their possession for the purpose of shooting down those who interfered with them. There was no justification for their carrying weapons for any such purpose; and, although it was well known that arms were at one time carried by English gentlemen, and although the Bill of Rights recognized the right of carrying arms, he did not believe that the law had ever sanctioned, or recognized, the right of a man to carry arms, with the intention of using them for the destruction of life in case another person interfered with him. This assembly, having been armed, was, in his opinion, an unlawful assembly from the first. When the Orangemen went out with the intentention of using these weapons in case they were assailed, they acted unlawfully; and, although he was opposed to anything that would interfere with the right of public meeting, properly so called, he was in favour of the magistrates putting down every meeting assembled under the circumstances described. He was sorry that the Secretary of State for the Home Department had not said that any person having a weapon in his possession, and being ready to use it if assaulted, was guilty of murder, if he happened to kill anyone. The right hon. Gentleman, he thought, dissented from that view. If he (Mr. Willis) accidentally had a revolver in his possession, and hastily used it, if he were assaulted, the killing of a man under these circumstances would only be manslaughter; but if, when he went out, he had put a weapon in his pocket with the intention of using it if he were assaulted, and while out he did use it, and unfortunately killed anyone, the crime would be that of murder. Nothing grieved him more than the growing indication they saw of the desire on the part of some members of the community to resort to force. He was glad to be able to say that he had never had a weapon in his hand in his life. Nothing would ever induce him to take one, and, as a consequence, his personal liberty and safety were secured. It was time to put down such scandalous proceedings as those under discussion; they were not to be compared for a moment with the proceedings of the Salvation Army; because, in that case, the people had gone out without weapons, and simply for the purpose of walking the streets, and it was only when violent and indefensible attempts of other processionists to interfere with them were made that riots were brought about. The men in the case under discussion had gone out with weapons in their possession, and with the determination to take advantage of any momentary exhibition of temper to provoke a breach of the peace and to use violence.
said, that the magistrates of the district in which the disturbance had occurred were informed, several days before the meeting, that if the Orange demonstration took place there would be danger to human life. A similar notice had been sent to the Home Office. What was it the duty of the magistrates to do on that occasion? Why, their duty plainly was this—either to act on the evidence they had received, or to call on their informants to make sworn informations. If they had acted on the evidence they had received, they could have obtained sufficient force to prevent any serious bodily injury being inflicted. The right hon. Gentleman the Secretary of State for the Home Department seemed to take the view that the Salvation Army case was a precedent for this. That, however, he (Mr. Synan) could not agree with, because the Salvation Army meeting was a lawful meeting—it was a "lawful assembly," the people simply gathering together to sing hymns and recite prayers. He had never heard that a such an assembly was likely to injure human life, or that there was any danger of an exhibition of physical force in connection with it. What precedent was there in connection with such a meeting for another assembly of men armed with swords and spears and revolvers—what precedent could a Salvation Army gathering be for an assembly of 1,000 or 2,000 men armed in this manner on one particular day? Why, it had been established law for very many years that an assembly of that kind was an "unlawful assembly," and if the right hon. Gentleman had any doubt upon it he should have instructed someone to prosecute members of the assembly for the purpose of having the question decided, once for all, in a Court of Law. The right hon. Gentleman had said that the only authority to decide the matter was a Court of Law; but had he put it in such a course of training that a decision of a Court of Law would be taken upon it? The mere fact of the assault being brought before a magistrate, or before a Judge, would not decide the question of law as to whether the assembly was lawful or not; but if the right hon. Gentleman caused any member of the armed assembly to be arrested and taken before a Court of Law, the question would then be decided whether the armed gathering at Cleator Moor was an assembly similar to the Salvation Army, which collected in a village for the purpose of singing songs or reciting prayers. If an ordinary member of the Cleator Moor assembly were prosecuted, the Court of Law would then decide the matter, and, to his mind, hon. Members would find that the result would be a declaration that the Salvation Army case was no precedent for the other. His belief had been that the law of England, as established by all the authorities and all the books, was that an armed assembly which was likely to prove dangerous to any person or any body of men was an unlawful assembly, and that it ought to be put down by force, or that there should be such a force present as would prevent the assembly from using its arms against any innocent person. Was there such a force at present at Cleator Moor? Was a body of 45 policemen a sufficient force to prevent thousands of armed men from using their weapons against other men who rose up when they came into their village? The attack made by the villagers was no justification for the firing of arms. As his hon. and learned Friend (Mr. Willis) had said, the firing of arms and the killing of any person, if the arms were carried without premeditation, would amount to manslaughter only; but if the arms were carried with premeditation, such shooting might amount to murder. He asked, therefore, why, under these circumstances, the magistrates had not brought together a sufficient force to prevent this large armed assembly from meeting? Why did not the magistrates take this course, having a full knowledge that the meeting was to take place, and that the men were to be armed? It seemed to him to be a very plain case, and he was astonished the right hon. Gentleman the Secretary of State for the Home Department, being a lawyer himself, should have any doubt at all about it. If the right hon. Gentleman had a doubt at all about it, he (Mr. Synan) would put it to him that it was his duty to settle the law and settle the doubt by prosecuting members of the meeting for being members of an "unlawful assembly." On a former occasion, the right hon. Gentleman had stated that he had caused some of the inhabitants of the village who threw stones to be arrested—he had insinuated that the guilty persons were the inhabitants of Cleator Moor. The right hon. Gentleman had said—"If I went out armed, and shot a man who threw a stone at me"—but he (Sir William Harcourt) would not form an "assembly," though he might be a host in himself. A man had a right to go armed for the protection of his own life. No one had a right to assault him, and if anyone did, and he used the weapon he happened to have about him for the purpose of protecting himself, he was adopting a course which he had a perfect right to adopt; but that was not the case with each individual member of an "unlawful assembly," which entered a town or a village of an unarmed people with the intenion of using their arms against those unarmed people, if in the excitement of the moment they came out for the purpose of making a protest against the invasion of their streets. The two things were totally separate and distinct. If the assembly at Cleator Moor was an unlawful one, why were not the members of it prosecuted by the Government? He (Mr. Synan) maintained that the right hon. Gentleman had no foundation or basis for the law which he stated to the Committee, and which he quoted in defence of the action of the magistrates and his own action, or, rather, the inaction of the magistrates and his own inaction. Would the right hon. Gentleman say that he would now prosecute some of the members of this meeting as being members of an "unlawful assembly," in order to get the decision of a Court of Law on the subject? If he did that, he (Mr. Synan) would be satisfied, even at the eleventh hour, though, unfortunately, in this case an innocent life had been taken away. His hon. Friend the Member for Sligo (Mr. Sexton) was perfectly justified in bringing this case forward, and the right hon. Gentleman the Secretary of State could not take exception to it, as it had enabled him to place himself in a new light before the public—he had placed himself in the position of a denouncer of this Orange Party that entered the village of unarmed men. The right hon. Gentleman ought to be glad of this opportunity, and ought to welcome the chance of satisfying the Committee that he would carry it to a final issue, and have the question of law settled. If he did that, he (Mr. Synan), for one, should be perfectly satisfied.
said, he could only attribute the lenient view the Government took of this assembly to the fact that they themselves had lately brought together a large mass of people in London for political purposes, and intended to do so again. He could not screen himself from the view that, if it had not suited the Government to have assembled just at this time some 500,000 of men in London, they would have heard a much stronger condemnation of the proceedings of the Orangemen at Cleator Moor than had been uttered by the right hon. Gentleman opposite (Sir William Harcourt). The right hon. Gentleman had told them now that the state of the law was such that the magistrates had no power to prevent a meeting. Well, that might or might not be so. Of course, hon. Members accepted the right hon. Gentleman's dictum on the point; but the assemblage having come together, and the Orangemen having met with spears, swords, and revolvers, and having used them with deadly effect, if the right hon. Gentleman had not been able to prevent them from assembling in the first place, he, at least, could deal with the members of the assembly or with their conduct afterwards. He (Mr. Healy) presumed that the law with regard to unlawful assemblies was not unknown to the right hon. Gentleman; and as this was entirely a matter affecting the English police, he (Mr. Healy) had taken the trouble to look up Mr. Howard Vincent's view in the English Police Code on the subject of unlawful assemblies. He quoted Mr. Howard Vincent for the reason of that gentleman being at the head of the English Police Force, and not as considering him any more authority than the writer of any other book on these matters, and this was what Mr. Howard Vincent said
"An unlawful assembly is an assembly of three or four persons with intent to commit a crime, or to carry out any common purpose, lawful or unlawful, so as to afford reasonable grounds for apprehending a breach of the peace."
In this case the unlawful assembly had degenerated into a riot, and every single person connected with the assembly could now be indicted by the Government, if the Government had a mind to take that course. It was not merely a case of catching people in the act of shooting a man, but every man who was in the procession could be got at in the same way. The Secretary of State for the Home Department made very light of what the Chief Constable of the district spoke of as the fatal riot of Cleator Moor. No doubt, as the right hon. Gentleman had said, the disturbance commenced by the mere thrusting of a flag in a man's face. But that flag was carried on a pole, and he imagined that if a pole with a flag on it were thrust into the face of the right hon. Gentleman himself, his passive features would resent the annoyance, and he would be disposed to resist the attack with all the force at his disposal. The right hon. Gentleman had said that though the Orangemen used this violence, though they came down in large numbers by special trains from all parts of the country, brandishing their weapons and in sulting the people—insulting the Catholics by smashing the panes of glass in their chapel—the people were to do nothing. The people did do nothing until this act of violence was offered. Hon. Members knew very well that where they had a powder magazine it only needed a spark to cause an explosion. Therefore, the right hon. Gentleman was wrong to make so little of an event which had led to a collision on the occasion in question. Let them suppose that, instead of being an assemblage of Orangemen, brought from a distance to march through a Catholic district, this had been a Fenian procession marching through the streets of London. Supposing the Fenians were to meet openly, as the Reformers met on Monday last on the Embankment; and supposing they carried swords and guns with them, and supposing that they marched on, waving flags and insulting the general population by whom they were surrounded, and supposing the excited crowd through which they proceeded was calm enough not to attack them, not with standing the insults they showered around, and not with standing the waving of their flags bearing devices insulting to the English people, if they thrusted one of these flags in the face of an Englishman, how would the right hon. Gentleman have treated the riot, supposing that assault had been resented by the knocking down of a Fenian, and had led to that Fenian drawing a revolver and shooting one of the citizens? Why, he would have treated it in a very different manner. The speech of the right hon. Gentleman would arouse many evil passions in this country. The Irish Members had been accused of never having denounced violence and disorder. Well, the Irish Members, at least, had not the responsibility of Ministers of the Crown. They never had that responsibility, and they were never likely to have it; but here was a Minister of the Crown, who was practically, to a large extent, the conservator of peace in the country, getting up and speaking of a riot in which one man was killed, and scores had been wounded, without saying one single word against the practice of carrying arms. ["Oh, oh!" and "He did refer to it!"] Well, at any rate, the right hon. Gentleman had not mentioned it until it had been dragged out of him by the hon. Member for the City of Cork (Mr. Parnell). In this initial speech the right hon. Gentleman had not one word to say about the carrying of arms; and it was not until the hon. Member for the City of Cork said—"If you do not defend these people, they will have to defend themselves," that the right hon. Gentleman, seeing to what conclusion his speech had led hon. Members, was obliged to utter some academic words against the practice of carrying arms. [Mr. GLADSTONE dissented.] But the right hon. Gentleman took great care to add—and he (Mr. Healy) would have the Prime Minister, who was shaking his head, to bear this in mind—"if they carry an Excise licence, I do not see how we could prevent them." In other words, dealing with an Orange demonstration—dealing with a body of men with hundreds of pounds at their command, and who, therefore, could easily obtain licences to carry arms—the right hon. Gentleman says—"The law may be against you, if you assemble with arms under ordinary circumstances; but, if your funds are large enough to procure licences, then you may go down and shoot Catholics, and no one will be able to punish you." The Catholics of Cleator Moor—a population of 6,000 people—had a foreign body brought from a distance amongst them, for the purpose of assembling and provoking them; and the right hon. Gentleman the Secretary of State, knowing that, and that there were only 45 police, brought, as the right hon. Gentleman had said, from far a field for the purpose of protecting the law, gave it to be understood that these were the only officers who could be got together to keep the peace between 1,200 armed men and 6,000 or 8,000 Catholics. If that were the case, it was surely a very regretable state of things. How did they deal with these matters in Ireland? The right hon. Gentleman the Secretary of State had made great capital, and had evoked the somewhat sneering cheers of his Friends by saying that in England they were not in the constant state of semi-civil war that they were in Ireland. The right hon. Gentleman had produced great laughter when he told them that in this country people were of a very calm and pacific habit of mind, and that it was only in Ireland that the people were of a wild and riotous disposition. But if in Ireland they were occasionally provoked to disorder, whose fault was it? Who kept up the Orange disorder in Ireland? Who, in 1848, distributed thousands upon thousands stands of arms to the Orangemen of Belfast? Of course, he did not intend to enter into that subject; but even Earl Spencer, a Member of the present Cabinet, some 10 years ago, when he was last in Office, and when there was some little difficulty in the country, took occasion to go to the North, where he was more welcome than he was at the present moment, to arouse the spirit of Orangeism, and to incite Orangemen against the general body of Catholics. The Secretary of State, knowing that that was the state of things in Ireland, that the Orangemen had had the approval of the Government for centuries, that the Catholic population, not having Grand Juries to throw out bills against them for murder, usually got the worst of it, and that the law had been in favour of Orangemen, the hangman only being on the side of the Catholics, provoked the laughter of certain London Aldermen by congratulating the House on the smug contentment of England, which could afford to be content, not having been conquered itself, or, at least, having put up with its conquering. The right hon. Gentleman congratulated himself upon the fact that Englishmen could be oblivious to these demonstrations. He (Mr. Healy) believed that what would happen would be this—that the people of Cleator Moor, seeing that Orangemen could shoot with immunity, and could come down with force of arms without, so far as he could judge, any strong disapproval being manifested by the Secretary of State, would also bring arms, and, if they were again insulted in this way, would very probably feel inclined to use them; and if this did occur, the Government of Her Majesty the Queen, through the mouth of the right hon. Gentleman, would be distinctly responsible for that position of affairs. If the law in the Sittingbourne case had failed, how was it, he asked, that the Government in Ireland found no difficulty in preventing these assemblies? Before the Crimes Act was passed, the Government, as a matter of course, found no difficulty in putting a stop to any meeting that they found inconvenient. In Drogheda, for instance, two years ago, a meeting which had not been proclaimed was dispersed by Mr. Clifford Lloyd, who brought down by special train 200 policemen from Dundalk and a body of Cavalry. He brought his men down at the double, drew them across the streets, and levelled their bayonets at the breasts of the people, declaring, without reading a proclamation, that if they did not disperse, they would be shot down. If such a thing could be legally done in Ireland, where was the difficulty of dealing with the question in this country? If the Sittingbourne case tied the hands of the Government, why not prosecute the leaders of the assembly for riot? If the leaders knew that they would be indicted for holding an illegal assembly and for riot, he ventured to think they would soon give up the system of coming armed into a district where they knew that their presence would be provocative of disorder. But as to the statement made by the right hon. Gentleman, with regard to the necessity for a change in the law, he (Mr. Healy) could not follow him. To his (Mr. Healy's) mind, the law was sufficiently strong if it were only put into force. So far as the Irish people had been able to judge of it—and they had quite enough experience of it—the law was sufficiently strong. They could put down meetings without the Crimes Act, and they had their Constabulary, and they could give the order—"If you do not march, we will shoot you." He ventured to say that had the 45 constables at Cleator Moor displayed the same amount of vigour that the Royal Irish Constabulary would have displayed against the Nationalists, this murder would not have taken place. But the Government, who were so gingerly in dealing with these matters in England, found no difficulty in dealing with them in Ireland. If the Secretary of State for the Home Department were transplanted to Dublin Castle—[Sir WILLIAM HARCOURT: NO, no!]—well, he joined with the right hon. Gentleman in protesting against such an event as that ever happening; but if the right hon. Gentleman, by any chance, should be transplanted, he would have no difficulty in learning how to deal with these assemblies. The right hon. Gentleman had told them that England not being in a state of semi-civil war, they did not want a large body of policemen. That might be so; but they always had large bodies of troops to rely on, and there could not be the slightest doubt that the use of a troop or two of the soldiery, or the mere sight of the soldiery, would have induced the Orangemen to disperse without the slightest delay. But he (Mr. Healy), in the present attitude of the Government, saw the snake of the Reform agitation lurking in the grass. It might be necessary for men in the Irish towns to demonstrate against the House of Lords. Englishmen might have to meet with pikes and swords, and some anti-Reformer might get a prod in the back, and it might not be convenient to indict his assailant for unlawful assembly. He would put it to the Government, in conclusion, whether, looking at the fact that this Orange organization in every phase only excited the disturbing element, it was not time that steps should be taken to put a stop to it? They should look at what was done in Ireland, America, and Newfoundland, where 30 or 40 men were indicted for murder and riot. He would put it to the Government, that when they found an organization like that of the Orangemen, only showing itself in one phase, and that phase being brutality and outrage, it was not time for them to take some prompt and vigorous action to put it down?
said, he should like to approach the subject from another point of view, though without detracting from the merits of the observations of the hon. Member who spoke last (Mr. Healy)—he should like to take up the subject where the hon. Member for Limerick (Mr. Synan) had left it. The hon. Member had made an appeal to the law. If the law was in the uncertain state that the Secretary of State for the Home Department had declared it to be in, his hon. Friend (Mr. Synan) had pointed out how it could be ascertained—namely, by indicting some of the persons who took part in the assembly, which, according to the opinion of his hon. Friend, was an unlawful one. He had always been under the impression that it was in the power of magistrates or of the Government, at any rate in Ireland, to proclaim any meeting or procession, no matter how lawful the purpose might be, if there was reasonable apprehension of a breach of the peace. It seemed, however, that that was not the law, and he thought the Government ought to take such steps as were necessary to ascertain the exact state of the law.
said, he wished to ask for further information as to the condition of the law in this country; for the statement of the right hon. Gentleman (Sir William Harcourt) was most unsatisfactory, and the law seemed to be in a most barbarous condition. As he understood the right hon. Gentleman, a number of men might assemble and march out for a purpose not in itself unlawful and might go armed to the teeth, every man carrying some sort of weapon, and that so long as they paid the licence for carrying arms, they were entitled to go to any part of a city and make a demonstration against the citizens. Was that actually the law? Was it the law that a number of men—say, a number of anti-Reformers—might march to Chelsea, or promenade in Mid Lothian, armed with guns and swords, and sword-bayonets, and be protected in doing so? If that was the law, it was unworthy of any civilized country. Speaking not as a lawyer, nor professing to know much about the law, he could hardly believe that that was the law in any civilized country; but if it was the law, and if any number of men might publicly parade in what he would call battle array, armed to the teeth, whenever they pleased, then it was time that an improvement in the law should take place. If he (Mr. Justin M'Carthy) were Secretary of State for the Home Department, he would bring in a short Bill declaring that, in this country, as in every civilized country, it was not legal for men to march, in battle array, menacing, with weapons of all kinds, through the heart of a peaceable town. He did not know whether his hon. Friends would agree with him; but he hoped the Secretary of State for the Home Department would bring in a short Bill giving the magistrates further powers. The business of the law in a civilized country was to protect meetings which had nothing directly illegal in them. The Orangemen had a perfect right to hold their meetings and have their processions, and he thought the duty and business of the law was, at any cost, to protect all men in their right to meet and hold demonstrations. He must say he thought the right hon. Gentleman, in one part of his speech, had treated rather too lightly the manner in which this matter began. He spoke of someone thrusting a flag in the face of someone else, and asked if anyone would seriously resent such a trifle as that? The right hon. Gentleman had further said that the magistrates did not suppose there would be any chance of a serious disturbance; but he did not agree with the right hon. Gentleman that they knew so little of Orange riots as that came to. Those magistrates must have been very young, indeed, if they could not remember the Orange riots in Manchester and Liverpool. Some years ago this House was driven again and again into discussions upon the prevention of the annual outbreaks in Liverpool and Manchester. Why had not these magistrates foreseen that an armed procession of Orangemen through this place would lead to bad temper and the chance of some disturbance? The Secretary of State for the Home Department might bring in a measure to prevent armed demonstrations of this kind; and he should also see that a sufficient force of military or police was got together to secure to men the right of meeting, and to prevent their meetings being turned into armed demonstrations.
said, he wished to support the remarks of his hon. Friend (Mr. Justin M'Carthy) upon what he considered the unnecessary course pursued by the Secretary of State for the Home Department in regard to giving additional powers to magistrates for the suppression of public meetings. He did not think it was just to the people of England, who wished to enjoy, to the fullest extent, the right of public meeting, that because disturbances might occasionally take place between different bodies of Irishmen, therefore the right of public meeting in England should be curtailed. The people were entitled, to the fullest extent, to hold public meetings, and he thought his hon. Friend would agree with him that the Irish Members had no desire whatever to curtail that right. But he submitted that there was no necessity whatever for any curtailment of that right; and he thought the right hon. Gentleman would agree with him that the magistrates had not been quite so active as they might have been. It was quite possible that they might not have apprehended that consequences of such a serious character might arise from the demonstration, and it was also possible that the representation of a Catholic clergyman might have been looked upon by them as only a partizan declaration, and as intended to prevent what was a legitimate right of the Orangemen to hold a meeting. They had no desire, either in England or Ireland, to curtail the right of Orangemen to hold meetings; but what they did object to was that when they met they should assemble with arms. That was primâ facie evidence, that if there was any hostility whatever shown, they were prepared to shoot down those who expressed any opinion opposed to theirs. In the next place, they contended that a meeting of that kind, with Party emblems, was calculated to excite bitter feeling and to endanger the peace; and, although they did not wish to interfere with or curtail their right of meeting, they held that it was the duty of the authorities wherever such meetings were held to have a sufficient force to prevent a collision between those who met and those who objected. He was very glad the right hon. Gentleman had had a second opportunity of speaking on this subject; because, undoubtedly, his second speech had, to a very large extent, done away with the unhappy impressions created by his first speech. He did not think the right hon. Gentleman had intended to convey that impression, and he was confirmed in that belief by the answer which the right hon. Gentleman had given to a Question immediately after the riots took place. In that answer the right hon. Gentleman had given an assurance—and he (Mr. Harrington) thought his hon. Friend might be satisfied with that assurance—that, in future, cases of this kind would be dealt with more vigorously than in this instance. He did not at all anticipate any danger arising from the purely Orange demonstrations in England; but what he regarded as the chief element of danger in this matter was, that where a body of Orangemen lived in England among people who sympathized with them as English people, it was possible that the demonstrations might be used for trade or Party purposes. If they were not more vigorously dealt with than they had been in the past, greater danger might arise in connection with them in future. He did not believe there was any necessity for an amendment of the law in the direction of giving further powers to the magistrates. As the law now was they could call in the military when necessary, and could summon to their assistance special constables; and, therefore, they had ample powers for dealing with these meetings.
said, that though they had had knowledge of' such demonstrations as this in Cumberland for the last 18 years past, they had never been of any great size, and had never attracted any particular attention, and they had never caused anything approaching to a disturbance. Therefore, he did not think the magistrates could naturally have expected that, on this occasion, anything would take place more than had usually occurred. But, as this question was being considered, he should like to raise the point as to whether something could be done to discourage the practice of carrying revolvers. What did anyone in this country, who was not a soldier or a policeman, want with a pistol? When the present Lord Sherbrooke was Chancellor of the Exchequer, he proposed that a high duty should be put upon pistols. It was not only Orangemen or Catholics who used revolvers, but it was the habit of all the mining population in the North to carry pistols, and what he would suggest was that a duty of one guinea should be put upon the carrying of a revolver.
said, the question was whether there had been justice in the course pursued in this matter? If the matter were reversed, and the Catholics of Cleator Moor went into the Orange district, and a Protestant rector or clergyman wrote a letter to the magistrates, as a Catholic clergyman had done in this case, would that warning have been overlooked? Would the magistrates have taken no steps whatever to prevent a disturbance? Would they have allowed these people to gather together when they had the power to search them for arms carried without a licence? The Secretary of State for the Home Department was begging the question when he said these people probably had licences. No one knew whether they had or not; but they could have been prevented from carrying arms. He was strongly impressed by the idea that there was no fair play in dealing with Orangemen. Some time ago, he was in Omagh when some Orangemen used arms quite recklessly. It was, therefore, clear that there was one law for Orangemen and another for the Nationalists; and by this country, which had ever been distinguished for exercising justice between contending parties, favouritism was shown to the Orangemen. He quite agreed with the hon. Member for Monaghan (Mr. Healy) that there was no desire on the part of Irish Members to interfere with the right of public meeting in England or in Ireland; but they wanted fair and even-handed justice, and that Orangemen should not be treated with favouritism. But the Secretary of State had not shown any evidence of a spirit of fair play in his own mind in his answer to the questions of the hon. Member for Limerick (Mr. Synan). Would he indict these people, and prevent their carrying arms as they had hitherto done? It would be very satisfactory if the right hon. Gentleman would give an assurance to that effect.
said, he was sorry if he had not answered the questions put to him precisely. He might indict the Orangemen for being members of an unlawful assembly and carrying arms; but in this country he could not indict people simply for carrying arms. The Government could not enter upon indictments without reasonable grounds for believing them to be well-founded. Unless they were well-founded, he could not enter upon them.
said, no hon. Member on that side would object to the right of meeting; but people ought not to be allowed to go about with offensive weapons to the terror of Her Majesty's subjects. He knew Cleator Moor, and he was the principal speaker at the last Catholic meeting held there. The majority of the people in that part of Cumberland were Irishmen and Catholics, and they came some distance from the town to meet him, with bands, but no arms. There was no violence and no bloodshed; but the origin of these demonstrations in Cumberland he believed lay in the fact that, something like 18 years ago, a certain notorious preacher named Murphy, who went about insulting Catholic gentlemen, and making absurd and mischievous charges against the monasteries and members of that religion, met with his death at the hands of a Whitehaven mob of Catholics. The population of Cleator Moor was mainly Catholic; but Whitehaven was almost exclusively Protestant. There were a number of small mining towns in that district, and for the last 17 years those towns had been exclusively selected as the scenes of these annual celebrations of the victory of the Battle of the Boyne; but, for the first time, Cleator Moor had been selected this year, because a small body of Orangemen, who belonged to an Orange Lodge there, threatened to secede from the Lodge unless Cleator Moor was selected. The Orangemen naturally expected that there would be considerable opposition if they went to Cleator Moor. The arrival of a great body of men from the different mining towns and villages had, no doubt, the effect of attracting a great crowd of Catholics. The Secretary of State for the Home Department had expressed some surprise that the thrusting of a flag in a person's face had stirred up a riot, and he also spoke of the odium theologicum; but he seemed to forget that it was easier to provoke a breach of the peace when the subject was religion. Without going into the question of the rights of the Home Office, he certainly thought that Department was to blame for not having directed special constables to be sworn in. It was an extraordinary thing that human life should have been sacrificed owing to the culpable neglect of the officials, and he was satisfied that if these complaints had come from a different source, the Home Office would not have been so remiss in its duty as it had been in this instance.
said, that, having listened attentively to the statement of the Secretary of State for the Home Department, he felt justified in hoping that the results of this debate would be salutary, not only with regard to the vindication of justice in this case, but to the preservation of the peace in similar cases. He therefore did not feel called upon to put the Committee to the trouble of a Division.
Motion, by leave, withdrawn.
Original Question put, and agreed to.
(10.) £285,109, to complete the sum for Convict Establishments in England and the Colonies.
(11.) £374,869, to complete the sum for Prisons, England.
said, he had intended to move a reduction of this Vote, because he had fruitlessly drawn attention to the scant pay of prison officials in Ireland, and he thought that if officials could be got cheaply to perform onerous duties in that country, there was no reason why cheap labour should not be got in England.
said, that if there was any serious objection to this Vote, he would move to report Progress. He did not know whether the hon. Member (Mr. Harrington) meant to oppose the Vote; but, perhaps, it would meet his views to defer his discussion until they came to the Irish Prisons Vote.
said, it was impossible to move to increase the Irish Estimate; indeed, they had no means of drawing attention to the poor salaries paid to the Irish prison officials except by moving to reduce the Vote for the English prison officials.
said, this question was one which had been specially referred to the Royal Commission, and therefore he thought it would be better to defer the discussion upon it until, at all events, they had received the Report of the Commissioners.
said, he should be glad to agree to the suggestion, if the right hon. Gentleman (Sir R. Assheton Cross) could hold out any hope that before the Irish Estimates came on for consideration, the Report of the Commissioners, together with the recommendations which they, no doubt, would make, would be laid before the House. If the right hon. Gentleman would undertake that his Report should be laid on the Table before the end of the Session, he (Mr. Harrington) would be glad to postpone his Motion.
said, he would do all he could to publish the Report before the end of the Session. He really thought that to discuss the subject on the present Vote, with the Report of the Commissioners pending, would be a useless waste of time. He hoped the hon. Gentleman would postpone his Motion.
said, he had only been prompted to move in the matter now, because the question had been so very frequently raised, so many recommendations had been made, and so much reluctance to do justice in the matter had been shown by the Members of the Treasury Bench. Last year the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) based his argument on the fact that the officials of the Irish prisons could live more cheaply than similar officials in England; but that, to his (Mr. Harrington's) mind, was no valid argument at all.
said, he hoped the Government would now consent to report Progress. Hon. Members had been brought down, night after night, to consider the Municipal Elections (Corrupt and Illegal Practices) Bill. That was the fourth or fifth night that Members had been brought down for that purpose, so that he hoped Progress would now be reported, or that an assurance would be given that the Bill would not be proceeded with to-night.
said, he understood that the Government intended to move to report Progress. Failing such a disposition on their part, he would move to report Progress.
Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again"—( Mr. Harrington. )
said, he hoped the hon. Gentleman (Mr. Harrington) would allow them to take this Vote, reserving any discussion he might wish to raise until the Irish Prisons Vote was brought on. Of course, if the hon. Member declined to do that, there was no course open to the Government but to consent to report Progress.
said, he would raise a discussion on the Irish Vote, and would, therefore, ask leave to withdraw his Motion.
Motion, by leave, withdrawn.
Original Question again proposed.
said, that for two or three years proposals were made with the object of making prison labour more remunerative than it was at present. At that time, an agitation was got up against the manufacture of cocoa-nut matting, and in consequence, he believed, the manufacture was discontinued in seven or eight prisons. Had any other manufactures been discontinued?
said, that what the hon. Member (Mr. Barry) had stated had been carried out to a great extent. Mat-making was carried on to some extent in most prisons, though the manufacture had been limited on the ground that it was injuriously affecting the trade. He had, in his possession, a Return of the prison labour for the last five years, and it showed a considerable increase upon the amount received there-from. In 1879, the total amount received for manufactures and work upon buildings was £41,000; but, in the year 1884, the amount had increased to £68,800. Though the number of prisoners in local prisons had decreased by something like 2,700, the increase in the sum received from prison labour was such as he had mentioned. In the ordinary service of the prison, the value of the work done was—In 1879, £74,000; in 1884, £78,000; so that the total value of prison labour was, in 1879, £115,000, and in 1884, £147,000. The Prison Commissioners were endeavouring to increase the number of trades in prisons, in order to do away with interference with one particular trade, such as matmaking.
said, he was glad to hear there had been an increase in the amount received from prison labour, yet the amount received might be much larger.
asked, if there was any intention to further reduce the number of prisons?
said, the number of prisons was being gradually reduced. The desirability of closing two other prisons was now under consideration. He was merely carrying out the policy laid down in the Prisons Act, of consolidating prisons so far as consolidation might be compatible with the convenience of the localities, which must be regarded in the matter.
Vote agreed to.
Resolutions to be reported To-morrow.
Committee to sit again To-morrow.
Municipal Elections (Corrupt and Illegal Practices) Bill
( Mr. Attorney General, Secretary Sir William Harcourt, Sir Charles W. Dilke, Mr. Solicitor General. )
[Bill 252.] Consideration
Further Proceeding on Consideration, as amended, resumed.
Bill, as amended, further considered,
, in moving, as an Amendment, the insertion of the following Clause:—
(Interpretation of "The Corrupt and Illegal Practices Act, 1883.")
"In construing 'The Corrupt and Illegal Practices Act, 1883,' the words 'Solicitor to the Treasury' shall be deemed to be substituted for 'Director of Public Prosecutions,'"
said, it would be in the recollection of the hon. and learned Gentleman the Attorney General (Sir Henry James) that, for many years past, he (Mr. Warton) had pressed upon him very strongly the utter impropriety of maintaining the office of Director of Public Prosecutions. A Committee had been appointed to consider the subject, and it had reported that, as far as possible, the office should be amalgamated with, or absorbed in, the office of Solicitor to the Treasury. A Bill had been brought in to carry out the recommendation of the Committee. That Bill ought to make its way through the House; but an obstinate Scotch Member, who wanted to force the Scotch system on the English people, had blocked the Bill. There was, therefore, little chance of the measure passing this Session; but with regard to prosecutions for electoral corruption, he (Mr. Warton) had endeavoured, by this Amendment, to give effect to the recommendation of the Committee. The Public Prosecutor had been found wanting. The Solicitor to the Treasury was a very good official, and that was an additional reason why the Amendment should be accepted.
New Clause (Interpretation of "The Corrupt and Illegal Practices Act, 1883,")—( Mr. Warton,)—brought up, and read the first time.
Motion made, and Question proposed, "That the Clause be read a second time."
said, he was sorry he could not accept the Amendment, the effect of which would be to alter the whole of their work of last year by substituting Solicitor to the Treasury for Public Prosecutor. So long as the Public Prosecutor existed the duties they had placed on him by the original Act ought to be continued by this Act. If the gentleman in question ceased to be Director of Public Prosecutions, and his place was taken by the Solicitor to the Treasury, this clause was unnecessary, because they would transfer the duties from the one to the other. He did not think they ought to take away from the Public Prosecutor the duties he had under the original Act, still leaving him in existence for all other purposes. He (Sir Henry James) hoped the hon. and learned Gentleman (Mr. Warton) would not press his Amendment.
Question put, and negatived.
Clause 2 (Definition and punishment of corrupt practice at municipal election).
moved, as an Amendment, in page 1, line 10, after "set forth in," insert "Part One of."
Amendment agreed to.
Words inserted accordingly.
moved, as an Amendment, in page 1, to insert, after "election," in line 14—
"Other than the offence of aiding, abetting, counselling, and procuring the commission of the offence of personation."
The object of this Amendment was to reduce, to a certain extent, the penalty for the offence of aiding and abetting personation, for the Amendment must be read with the next one which stood in his name, which was to add at the end of the clause—
"A person guilty of the offence of aiding, abetting, counselling, and procuring the commission of the offence of personation, shall be liable to the like punishment, and subject to the like incapacities, as a person guilty of bribery."
It would, no doubt, be in the recollection of the House that, at the time the Ballot Act was introduced, it was imagined that it would lead to a great amount of personation. As a matter of fact, bribery had been reduced and personation had not increased. At the time terrible penalties were provided for persons who were found impersonating; indeed, the penalties were made much heavier than those for bribery under influence, and so forth. It seemed to him that it was not right to inflict heavier penalties for personation than for bribery, especially now that the working of the Ballot Act had shown that personation was not carried on to any great extent, Surely, it was unnecessary to have extraordinarily high penalties for one particular offence. Personally, he was afraid that the effect of high penalties would be to defeat the object of the Bill.
Amendment proposed,
In page 1, line 14, after "election," insert "other than the offence of aiding, abetting, counselling, and procuring the commission of the offence of personation."—( Mr. Warton. )
Question proposed, "That those words be there inserted."
said, they discussed this matter very fully last year, when they were in Committee upon the Parliamentary Elections (Corrupt and Illegal Practices) Bill; and he believed his hon. and learned Friend (Mr. Warton) made the same suggestion then that he made now. He (Sir Henry James) did not wish to make any difference between the law affecting Parliamentary elections and that affecting municipal elections. It seemed absurd to say they would pass one sentence for the offence of personation if committed at a Parliamentary election, and another sentence if the offence was committed at a municipal election. Inasmuch as they had taken one course in relation to Parliamentary elections, he wished to adhere to it in cases of municipal elections. The Amendment amounted to this—that if a person procured another person to personate 100 voters, he should receive a milder punishment than the person who really committed the personation. It seemed to him (Sir Henry James) that the originator of the act ought to receive the same punishment as the man who committed the act. He had not the slightest sympathy with a man who procured the act of personation, for it must be an intentional act. In his opinion, the procurer of the act was far more guilty than the person who became a victim to his persuasion. He hoped the House would reject the Amendment.
Question put, and negatived.
Clause 4 (Certain expenditure to be illegal practice).
moved, as an Amendment, in page 2, line 32, leave out from "ward" to end of sub-section (1), and insert—
"And if the number of electors in such borough or ward exceeds two thousand, one additional committee room for every two thousand electors and incomplete part of two thousand electors over and above the said two thousand."
Amendment agreed to.
Words substituted accordingly.
moved, as an Amendment, in page 2, line 37, to leave out the word "either," and insert the words "within two months." Now, if the hon. and learned Gentleman the Attorney General (Sir Henry James) was determined, whether with reason or without reason, to keep everything in this Bill exactly as it was in the Act of last year, he would resist this Amendment. But had not the experience of the Act of last year shown that in a great many cases people were getting frightened at the refusal made last year to fix any period of time during which an election lasted? He supposed hon. Gentlemen who intended to contest again the constituency for which they now sat might take it that the next Election had already begun. Certainly the right hon. Baronet the Member for Chelsea (Sir Charles W. Dilke) and his hon. and learned Colleague (Mr. Firth), who had asked him (Mr. Warton) to subscribe towards their election expenses, ought to consider that the election in which they intended to take a part had begun. The object of the Amendment was to insure something like certainty as to the time an election began. He hoped hon. Members would pay a little attention to what they were doing, and not let the Bill pass in a defective state. It was very necessary that people should know when an election began, and he now proposed what seemed to him a very moderate limit of time. This Amendment, and the one which stood next in his name—namely, to insert "or" after "before," would have the effect of making the clause read "payment," &c., "within two months before or during or after an election." Now, if hon. Members saw the force of what he said, they would, he was sure, support him. If the hon. and learned Attorney General wished it to be supposed that they were never to act wisely, but that everything they put in the Bill of last year was to be put in the Bill of this year, there was very little hope of the most rational Amendment being adopted. It was out of all reason that a sitting Member, for instance, should be liable to have all the terrible penalties of this Bill inflicted upon him, because he did not know when an election began.
Amendment proposed, in page 2, line 37, to leave out the word "either," and insert the words "within two months,"—( Mr. Warton, )—instead thereof.
Question proposed, "That the word 'either' stand part of the Clause."
said, this Amendment brought him back to the recollection of this time last year. Twelve months ago they agreed it was impossible to define or limit the time an election lasted. If they did, the law was sure to be evaded. If they put in one month, or two months, or three months, and said, "You may do what you like outside the limit," they would have a great deal done that ought not to be done. The House came to the conclusion, after full discussion, that it would be very dangerous to fix a limit of time.
Question put, and agreed to.
moved, as an Amendment, in page 2, line 40, to leave out "a party," and insert "privy." It seemed to him that this was an Amendment in the interest of purity of election. He knew the hon. and learned Gentleman the Attorney General (Sir Henry James) supposed he (Mr. Warton) was standing up for corruption; but the hon. and learned Gentleman was quite mistaken. There might be other persons engaged in an improper payment besides the person who made the payment or the person who received it. A third party might suggest corruption; therefore, it would be better to substitute here the word "privy" for "a party." The alteration would cover the case of any person who concealed an act of corruption. He hoped that if hon. Gentlemen sitting on the Ministerial Benches were sincerely actuated by a desire to put down electoral corruption, they would not oppose an Amendment moved in the interest of purity of election, although it might happen to be proposed by a Member of the Opposition.
Amendment proposed, in page 2, line 40, leave out "a party," and insert "privy."—( Mr. Warton. )
Question proposed, "That the words 'a party' stand part of the Clause."
said, that by this Amendment the hon. and learned Gentleman (Mr. Warton) would increase, no doubt unwittingly, the stringency of the Bill, because he would make it an offence for anybody to be "privy" to an act of corruption. Anyone who received knowledge of corruption accidentally would be privy to the offence. If they made a person "a party" to an offence he must be guilty of some substantial act. A person who read of corruption in a newspaper would be privy to it. He (Sir Henry James) would prefer to be a little lenient in this instance, if the hon. and learned Gentleman would allow him.
Question put, and agreed to.
said, he had an Amendment to move to the clause for the purpose of making the phraseology of the various clauses of the Bill consistent. He wished to call the attention of the House and the hon. and learned Attorney General to the fact that the expression which he was about to move in substitution of the words "contravention of this Act," in line 41, occurred in Clause 13, page 6, line 30 of the Bill. The expression which there occurred was "contrary to law," and he proposed to move the insertion of those words in place of the words now in the clause. If the hon. and learned Gentleman was so consistent with regard to certain words in the Parliamentary Elections Act of last year, he trusted he would be consistent in regard to this Bill, and not have one expression in one clause, and a different expression to convey the same idea in another clause of the Bill. He would give the hon. Gentleman his choice of the two phrases; but he hoped that one or the other of them would be adopted. For his own part, he thought "contrary to law" the better expression, and he should also prefer it, because, in the place he had indicated, it was used in connection with a very similar matter. Moreover, the words "contrary to law" were words of limitation, and words of limitation were generally good.
Amendment proposed, in page 3, line 41, to leave out the words "in contravention of this Act," and insert the words "contrary to law,"—( Mr. Warton, )—instead thereof.
Question proposed, "That the words 'in contravention of this Act,' stand part of the Bill."
said, he was unable to agree to the Amendment of the hon. Member, because he thought it would not improve the wording of the clause. He considered "in contravention of this Act" the better wording.
Question put, and agreed to.
said, he proposed, as an Amendment, to move the insertion of the words "or otherwise," after the word "agent," in page 3, line 2. He thought these words should be inserted, because a person might be engaged to stick bills on a wall, and it did not follow that he was strictly an advertising agent. The clause ought to extend its provisions to persons who might carry on the business of exhibiting bills for payment, and he did not think such persons would be included in the words "advertising agent." He thought that the words "or otherwise" tended in the direction of purity of election, which the hon. and learned Attorney General seemed alternately to care for and to reject. He urged the Amendment on the favourable attention of the House, because it was quite possible to contentemplate the case of a man exhibiting an election bill, and yet not being what was known as an advertising agent.
Amendment proposed, in page 3, line 2, after the word "agent," to insert the words "or otherwise."—( Mr. Warton. )
Question proposed, "That those words be there inserted."
said, he could not adopt this Amendment. This matter had been fully discussed last year, when Clause 7 of the Parliamentary Elections (Corrupt and Illegal Practices) Bill was under the consideration of the House, and it was then decided that the words "advertising agent" should stand without the addition of the words "or otherwise." He thought it better to adopt the same wording with regard to the present Bill which it was decided to retain in the Act of last year. If they did not keep this distinction in favour of the advertising agent, by saying, "doing the ordinary business of advertising agent," every publican and every greengrocer, who sometimes exhibited a bill at election time, might claim to be paid for it. The intention was to make an exception in favour of the advertising agent only, and not in favour of those persons who sometimes exhibited bills.
Question put, and negatived.
said, he regarded the words "deemed to be," in page 3, line 4, of the Bill, as an absurd expression, and one which was only intrduced for the sake of euphony. He would, therefore, move their omission from the clause.
Amendment proposed, in page 3, line 4, to leave out the words "deemed to be."—( Mr. Warton. )
Question proposed, "That the words proposed to be left out stand part of the Bill."
said, he was reluctantly obliged to say "No" to the hon. and learned Member's proposal to strike out these words. It was better, perhaps, sometimes to be consistently wrong, than inconsistently right. However, that might be, he would point out that the Act of last year, with regard to Parliamentary elections, contained these very words, "shall be deemed to be illegal," a circumstance which it would seem had escaped the hon. and learned Member's acute attention when that measure was passing through the House. If they escaped the hon. and learned Member then, he thought they might have been allowed to escape him now for the sake of consistency.
Amendment, by leave, withdrawn.
Clause 5 (Expense in excess of maximum to be illegal practice).
said, there was a great desire on the part of the hon. and learned Attorney General to retain in the Bill useless phrases, for no other reason, that he (Mr. Warton) could discover, than that they were in the Parliamentary Elections (Corrupt and Illegal Practices) Act of last year. He would ask the hon. and learned Gentleman whether he intended to maintain in the Bill the principle embodied in this clause? He believed the great majority of the House had never heard the reasons which in- duced the hon. and learned Gentleman to adopt the words of this clause. They were, of course, in ignorance of what had taken place in the Grand Committee, and no one seemed to know exactly what had been going on with regard to the Bill. Whatever reason there was for the clause in the Act of last year with regard to Parliamentary elections, he was satisfied that it would be very injudicious to fix the proposed maximum with regard to these minor elections in municipalities, and he should, therefore, move that the clause be struck out. The great absurdity which ran through this Bill was that it treated these little elections as if they were of the same importance as Parliamentary Elections. He trusted the hon. and learned Gentleman would be able to explain to the House why he had changed front so completely since the debate on the Motion for the second reading of the Bill—why he had changed his views in Committee.
Amendment proposed, in page 3, to leave out Clause 5.—( Mr. Warton. )
Question proposed, "That the words proposed to be left out stand part of the Bill."
said, he also should like some explanation from the hon. and learned Attorney General of the reasons which had induced him to take up a position with regard to the principle of this clause entirely different from that which he occupied when the Bill was introduced to the House. The view of the hon. and learned Gentleman at that time was certainly against the introduction of a maximum expenditure in the ease of municipal elections. He (Mr. Whitley) was certainly in favour of the opinion then expressed by the hon. and learned Gentleman, and he was bound to express his surprise that the hon. and learned Gentleman did not now hold the same opinion with regard to this subject. It must be obvious to the House that this clause affected the various constituents in different ways. In the constituency which he had the honour to represent (Liverpool), for instance, there were no less than 23,000 electors who had the right of voting at municipal elections; and, therefore, the arrangements in connection with such elections for polling rooms, polling clerks, and their assistants, were necessarily very extensive. The House would perceive that the maximum expenditure sought to be imposed by this clause would be absolutely insufficient for the purposes of municipal elections in Liverpool. The case would be entirely different with regard to towns in which there were, perhaps, 200 electors, and even a smaller number than that—but in Liverpool and other towns in Lancashire, he believed there was no municipality with a smaller electorate than 1,000. He could assure the hon. and learned Gentleman that it was impossible that this maximum could be maintained in the case of municipal elections in those places. It would be far better, in his opinion, to have no maximum at all, if it was to apply to all places without distinction. He maintained that the retention of the clause in its present form would constitute a great injustice in the case of large constituencies. It was a question of the magnitude of the electorate, and he was convinced that it would be utterly impracticable to carry out municipal elections in large towns within the limit of expenditure prescribed by the clause. He was sure that that was not the intention of the hon. and learned Gentleman, and he was equally satisfied that the Members of the Grand Committee had not fully considered the bearing which the proposed maximum would have upon important municipal elections. The question was a large and serious one, and he hoped the hon. and learned Gentleman would agree to the Motion of the hon. and learned Member for Bridport (Mr. Warton) to strike out the clause. If his hon. and learned Friend went to a Division, he should, for the reasons given, feel it his duty to vote with him.
said, he believed it would be extremely difficult, if not actually impossible, to conduct municipal elections of any importance upon the very small scale of expenditure proposed in this clause. For his own part, he had considerable misgivings with regard to the fixing of a maximum scale in these cases. He was, of course, aware of the wisdom of surrounding municipal elections with all possible safeguards for purity; but he ventured to doubt whether the effect of the principle contained in the clause upon large municipal elections had received sufficient attention at the hands of the Grand Committee. He should be glad to see the Bill passed without any scale at all.
said, he had endeavoured to obtain the best information upon this subject before he introduced the Bill to the House, and at the time when the Bill was introduced, he thought it would be, on the whole, better to strike out the maximum Schedule, and to insert a minor Schedule. He stated, in Committee, that objections had been expressed to that plan, but that he thought it was better to adopt it, and he was met by a considerable amount of criticism; the hon. and learned Member for Chatham (Mr. Gorst) and others told him that he was entirely wrong in having taken that course. He adhered, however, to his former opinion, and a Division being taken, he found there was scarcely a working majority in favour of his view. Every Conservative Member voted against it—a circumstance which he hoped the hon. and learned Member for Bridport (Mr. Warton) would take to heart—and those who spoke on the question contended that there ought to be a maximum Schedule, while many opinions were expressed that he ought not to give way on the point. The proposal which he laid before the Grand Committee having been carried by a very narrow majority, he thought it best to meet the views of the minority half-way. Having got rid of the election agent, he hoped the fears of the hon. Member for Liverpool (Mr. Whitley) would not be realized. They had simplified the matter very much; but there still appeared to be a certain amount of doubt on the subject, and if the hon. and learned Member for Bridport (Mr. Warton) took a Division on his Motion, the actual opinion of the House would appear.
said, he thought much credit was due to the hon. and learned Gentleman the Attorney General for the course he had taken in this matter throughout the whole proceedings. The hon. and learned Gentleman had, in the first instance, formed the opinion in his own mind that it was not wise to introduce a maximum scale. It was quite true that he (Sir R. Assheton Cross) had made some severe comments in the course of the debate on the second reading of the Bill as to the difference which existed between this Bill and the Act of last year with regard to corrupt and illegal practices at Parliamentary elections; but, no doubt, strong opinions were expressed in the Grand Committee, not by Conservative Members alone, but by a large number of Liberal Members, who had had experience of the working of the Act of last year, in favour of a maximum scale, and the result was that, when the Committee went to the Division on the question, there was but a narrow majority in favour of the proposal of the hon. and learned Attorney General, which led the hon. and learned Gentleman to reconsider the question, and to place the matter on a different footing. The hon. and learned Gentleman thought it wise to reconsider the decision at which he had arrived, and he (Sir R. Assheton Cross) believed that in the proposal he had made, he carried with him, if not an absolutely unanimous, yet a very general concurrence of opinion on the part of hon. Members. The hon. and learned Gentleman consented to introduce a maximum scale of expenditure into the Bill, a perfectly proper provision, so far as the election agent was concerned, and to that extent he entirely agreed with the hon. and learned Attorney General. But when he came to consider the maximum scale that had been introduced into the Bill, that appeared to him an entirely different matter, and he quite agreed with his hon. Friend near him the Member for Liverpool (Mr. Whitley), and the hon. Gentleman opposite (Mr. Samuel Smith), that the proposed maximum scale ought to be decidedly enlarged. He was perfectly satisfied that no municipal election could be carried on within the limits of such a scale. The matter was of such importance that he was in some doubt as to whether its discussion ought not to be deferred to a later period. They were, of course, all agreed that bribery and corruption ought not to take place at these or any other elections; but there was nothing of the kind involved here. The amount had been placed at a figure altogether too low, and he was of precisely the same opinon as his hon. Friend (Mr. Whitley), that it was insufficient to pay for the persons who could be legally employed under the Bill for the purposes of municipal elections.
Question put, and agreed to.
Amendment proposed, in page 3, line 6, to leave out the words "subject to such exception as may be allowed in pursuance of this Act."—( Mr. Warton. )
Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
said, it was evident that if the matter was to be dealt with in the way that the hon. and learned Gentleman the Attorney General wished the scale of expenditure fixed by the Bill as it stood at present was insufficient. He proposed, therefore, to move that the maximum of £20 should be increased to £25. It was obvious that if municipal contests were to be conducted on non-political lines, the electors ought to have the fullest information of the views of the local representatives before them. Although it was impossible to say that an expenditure of £25 could have any great effect in corrupting the boroughs, yet its expenditure on printing, &c., might have a great effect in affording the electors of the borough full information with regard to the questions at issue. He should like to suggest to the hon. and learned Gentleman the Attorney General a possible compromise. He did not know whether the hon. and learned Gentleman would be able to see his way to accept it; but it had been suggested to him (Mr. Northcote) by a municipal agent, who had devoted great attention to the matter. This municipal agent proposed that in wards of under 500 voters, £15 should be allowed; in wards between 500 and 1,000 voters, £25; and inwards over 1,500, £30, with a scale of 4 d. for each voter over the initial number.
Amendment proposed, in page 3, line 13, to leave out the words "twenty pounds," and insert the words "twenty-five pounds,"—( Mr. H. S. Northcote, )—instead thereof.
Question proposed, "That the words 'twenty pounds' stand part of the Bill."
said, the hon. Gentleman (Mr. Northcote) had stated the case very fairly, and he quite felt that there was a great deal in what he had said. This was really a practical matter, and he hoped that every Member would vote exactly as he thought right. The question was, whether £25 should be the initial expenditure, and 3 d. or 4 d. per head the subsequent amount? As far as he (the Attorney General) could judge, whether they adopted the £25, or maintained the £20 limit, or whether they had 4 d. instead of the 3 d. for subsequent expenditure, either sum would take elections out of the area of corrupt practices. He would state to the House briefly why he should prefer to adhere to the £20 limit and the smaller sum per head. In the first place, they had discussed this matter in the Grand Committee, and if there was any question which it was desirable that such Committee should determine, it was this. It was eminently a question to be intrusted to such a body. The question was one very materially depending upon the information obtained by those interested in the matter. Information had been obtained by many Members of the Grand Committee from the districts they represented, and the majority of the Committee had been in favour of maintaining the maximum at £20 instead of £25. The majority of the constituencies had thought that £20 would be quite sufficient to pay all legitimate expenses. He agreed with the hon. Member for Liverpool (Mr. Whitley) that they would not be able to carry on municipal elections for this sum if those elections were to be conducted in the future as they had been in the past—that was to say, if they were to carry them on by giving all sorts of useful information to the electors as to the merits of particular candidates by addressing placards and advertisements to them. In that event, neither sum now proposed would be sufficient. He did not think it was necessary to give information of this kind to the electors. Whether a ward was a small one, or whether it was composed of 1,600 electors, he believed that every morning, when a ratepayer arose from his bed, he would get all the information he required about the candidates, if there was anything he did not know, in the local papers, The electors would know all they were wanted to know without putting the candidates to the necessity of advertising. If they had a committee room at all, it would do for 1,000 as well as for 500 electors, and in the same way a clerk would be able to manage a large number as conveniently as he could a small number. It was necessary that they should form an opinion upon this matter upon detailed information they received from the constituencies; and though he did not for a moment say that he would supersede the responsibility of individual Members in this matter, at the same time he must point out that they would not obtain any advantage by going into a lengthy or detailed debate on the question. The only expression of opinion necessary for him to give was a general one; and, as a matter of fact, he believed that if £25 was inserted in the place of £20, it would be just as useful in putting an end to corrupt practices.
said, he was very glad the hon. and learned Gentleman the Attorney General had done two things. In the first place, he was pleased to hear him say that any Member of the House could vote exactly as he thought fit, without any pressure, because he happened to sit on one side of the House instead of the other. He (Sir R. Assheton Cross) agreed that this was not a Party question. In the second place, he was glad to hear the hon. and learned Gentleman say that the acceptance of the higher sum instead of the lower would be equally efficacious in putting a stop to bribery and corruption. He (Sir R. Assheton Cross) had gone carefully into this question to find out whether the £20 would be sufficient, and the result of his inquiries was that in large boroughs like Liverpool it would be far from sufficient. He would ask the House, as there was no question of corruption in the matter, whether a man had a fair chance of giving his constituents to understand his qualifications and his reasons for desiring to be put upon the Municipality, when his initial expenses were limited to £20; or, at any rate, whether he would have as good an opportunity as he would if he were enabled to spend £25? He was not speaking of a man who could get up and make a speech at a meeting of his constituents, but of a man who, without the opportunity of attending meetings, desired to let his constituency know what he felt, and why he stood. The question was, could a man do this for the smaller sum? And his (Sir R. Assheton Cross's) opinion was that in such places as Liverpool and Manchester he could not do so. No man who wished to stand at the municipal elections at these places should be debarred; and he was sure that, if the smaller sum were adopted, many persons would be prevented from availing themselves of the advantages they wished to possess, and of the advantages they wished their constituents to have. He would appeal to the hon. Member for Liverpool on that (the Opposition) side of the House (Mr. Whitley) and to the hon. Member for Liverpool on the other side of the House (Mr. Samuel Smith), and to the hon. Member for Manchester, whether his view was not the correct one? The hon. Member for Manchester who sat on that (the Conservative) side of the House (Mr. Houldsworth) had spoken to him very strongly upon the matter.
said, he wished to point out that the hon. and learned Gentleman the Attorney General had not addressed himself to the real difficulty. He did not think the hon. and learned Gentleman at all realized what it was to contest a ward in a Municipality containing so many thousand electors as Liverpool. The hon. and learned Gentleman proposed to give them 18 polling places. They must have two polling places in each ward, and then they must have a polling clerk at each station; and he would, therefore, ask how was it possible to work such a constituency as this with the money proposed to be allowed? In the ward he (Mr. Whitley) represented, it was essential that there should be a large number of polling places, and it was impossible that they could get them for the amount proposed to be allowed in the Bill. The hon. and learned Gentleman the Attorney General had intimated that he had consulted various interests on this matter; and he (Mr. Whitley) would like to ask him if he had consulted anyone, no matter of what politics, or even those who had no political bias at all, in the large towns, without coming to the conclusion that it would be impossible to work an election in a place like Liverpool with this money? No doubt, it would be possible to do it in small boroughs; but supposing they had a constituency of 23,000 to send an address to, their money would be almost gone at once. He was talking of a constituency with an area of seven miles. The hon. and learned Gentleman the Attorney General could have no idea of the difficulty candidates in Liverpool would be placed in if his proposal were accepted; and he (Mr. Whitley) would ask hon. Members representing large constituencies whether, if they consulted their constituents, they would not find them all against the proposal of the Bill? He trusted the House would support the Amendment.
said, that as the hon. and learned Gentleman the Attorney General was kind enough to say that they might all vote as they liked, he would ask right hon. Gentlemen sitting on the Treasury Bench not to put forward the Government Whips as Tellers in the Division.
Question put.
The House divided: —Ayes 95; Noes 42: Majority 53.—(Div. List, No. 181.)
I have another Amendment on the Paper; but after the Division we have just taken I do not propose to proceed with it. I refer to my proposal to leave out in line 15 the words "three pence," and insert "four pence."
Clause 6 (Voting by prohibited persons and publishing of false statements of withdrawal to be illegal).
Amendment proposed, in page 4, line 16, after the word "election," to leave out "for the purpose of promoting or procuring the election of another candidate."—( Mr. Warton. )
Question proposed, "That the words proposed to be left out stand part of the Bill."
said, he had not caught the object of the hon. and learned Member (Mr. Warton) in moving this Amendment, and he certainly thought it would be better to adhere to the words in the Bill.
Question put, and agreed to.
Clause 7 (Punishment on conviction of illegal practice).
said, the next Amendment, he trusted, would meet with the approbation of the hon. and learned Gentleman the Attorney General. He thought that the £20 he proposed would be quite a sufficient disability, without adding a greater incapacity; and he would therefore move to leave out "one hundred" and insert "twenty."
Amendment proposed, in page 4, line 24, to leave out the words "one hun- dred," and insert the word "twenty,"—( Mr. Warton, )—instead thereof.
Question proposed, "That the words 'one hundred' stand part of the Bill."
said, he could not accept the Amendment, as £100 had been accepted after a long discussion. The clause said "not exceeding one hundred pounds;" therefore, it seemed to him that it would meet any very gross case.
said, he could not imagine anything more likely to discourage respectable men from becoming candidates than such a thing as this. If such a provision as that in question were retained, the effect would be to throw elections into the hands of an inferior class of men. That would be the effect of imposing too heavy a penalty for what might not be very distinctly an illegal act.
Question put, and agreed to.
Clause 10 (Employment of hackney carriages, or of carriages and horses kept for hire).
said, the next Amendment he had on the Paper might appear to some hon. Members a very trifling one; but it really was not trifling, because, if they looked at the phraseology of the Bill, they would find in its nomenclature "illegal hiring and illegal practices." If the hon. and learned Gentleman the Attorney General would look at the provision before the one he (Mr. Warton) wished to amend, he would see the words used in another sense. In the present clause the phrase "illegal hiring" was not used in its proper sense, because it was used both in the sense of hiring and letting for hire. He objected to this use of new phraseology—this introduction of a new phrase altogether. They would find the words "guilty of illegal hiring" in Clause 16, not only in the clause, but in the marginal note also. It was not "an illegal hiring." He wished to know whether the hon. and learned Attorney General would have "an illegal hiring" as he had in one part of the Bill, or "illegal hiring" as he had in others?
Amendment proposed, in page 5, line 25, leave out "an."—( Mr. Warton. )
Question proposed, "That the word proposed to be left out stand part of the Bill."
said, the striking out of this word did not make the slightest difference in the Bill. As, however, it would bring about greater uniformity, he was much obliged to the hon. and learned Member for having pointed it out, and he had much pleasure in accepting the proposal.
Question put, and negatived.
Word struck out accordingly.
On the Motion of Mr. WARTON, further Amendment made in line 30, by striking out the word "an."
Clause 12 (Certain expenditure to be illegal payment).
said, that in page 6, line 7, he wished to move an Amendment which affected rather an important matter of principle, with regard to which he was afraid that the hon. and learned Gentleman the Attorney General would give him the same answer as he had done when they were discussing the Parliamentary Elections (Corrupt and Illegal Practices) Bill of last year. The object of the Amendment was to leave out that part of the clause which was against the use of cockades and ribbons, which, to his (Mr. Warton's) mind, were quite harmless things. These municipal elections were not of the same gravity as Parliamentary elections; and, therefore, even if it was desirable to put a stop to the use of these things at Parliamentary elections, which he did not believe it was, it was not necessary to put a stop to their employment in connection with these elections. It was not necessary to go into the same minutiœ in this Bill as they had in the Parliamentary Elections (Corrupt and Illegal Practices) Bill.
Amendment proposed, in page 6, line 7, after the word "flags," to insert the word "or."—( Mr. Warton. )
Question proposed, "That the word 'or' be there inserted."
said, he must adhere to his banner. This provision was contained in the 12th clause of the Parliamentary Elections (Corrupt and Illegal Practices) Act of last year, and it was discussed at some length. If they allowed banners to be used in a municipal election and not in Parliamentary elec- tions, he was afraid people would be prone to make mistakes.
Question put, and negatived.
Clause 13 (Certain employment to be illegal).
said, he would not move the next two Amendments which stood in his name, as they were similar to those rejected on Clause 4; but he did hope to have the support of the hon. and learned Attorney General, now that he had to propose to leave out in page 6, line 36, "contrary to law," and insert "in contravention of this Act." Honestly and fairly he called the hon. and learned Gentleman's attention, when they were on Clause 4, to the inconsistency in the Bill, and he gave him his choice of the phrases "contrary to law," or in "contravention of this Act." It would be well that, as they were creating new crimes by this Bill, the expression "in contravention of this Act," which the hon. and learned Attorney General required in a previous clause, should be required now.
Amendment proposed, in page 6, line 36, to leave out "contrary to law," and insert "in contravention of this Act"—( Mr. Warton, )—instead thereof.
Question proposed, "That the words contrary to law' stand part of the Clause."
said, he did not see much difference between the two phrases, and, therefore, he would agree to the Amendment.
Question put, and negatived.
Question proposed, "That the words 'in contravention of this Act' be there inserted" put, and agreed to.
proposed the omission of the clause. The hon. and learned Attorney General spoke with great force in respect to this clause when he moved the second reading of the Bill. The hon. and learned Gentleman said it was very proper that they should prevent public-houses being engaged for election purposes; but perhaps the hon. and learned Gentleman would not consider it unkind in him (Mr. Warton) if he said that in his speech the hon. and learned Gentleman gave excellent reasons why the same provision should not be applied to municipal as to Parliamentary elections. They knew that in Parliamentary elections it was very easy to get committee rooms, because all sorts of peculiar places could be obtained; but in municipal elections it was not so easy to get rooms for the purposes of committees. It seemed to him (Mr. Warton) that there should be no stigma placed on a really respectable trade. The licensed victuallers only wished to do what was proper; but they were supervised by the police and restricted in every way. He proposed to omit the clause.
Amendment proposed to leave out Clause 16.—( Mr. Warton. )
Question, "That the words 'any premises' stand part of the Bill," put, and agreed to.
proposed, as an Amendment, in page 7, line 17, after "association," to insert—
"Not being a bonâ fide club, society, or association, which shall have been in existence for the period of 12 months prior to the passing of this Act."
He said he need not detain the House for many moments in submitting this Amendment to its judgment. Although the hon. and learned Attorney General (Sir Henry James) was at one time not disinclined to accede to the principle of allowing bonâ fide clubs to be used for political election purposes, ultimately he failed to make a proposal which was satisfactory to the great majority of the House. The Amendment he (Mr. H. S. Northcote) submitted in Committee on this subject was rejected, on the ground that municipal elections should not be conducted on political lines. As a matter of fact, however, municipal contests, in a great majority of the boroughs of the United Kingdom, were fought on political grounds, and he did not see any immediate prospect of a cessation of the practice. If such contests were to be fought on political grounds, it was desirable that the legitimate political machinery should be used. It appeared to him that these bonâ fide political clubs were necessarily the places where a great part of the work attending municipal elections was done; and, therefore, their use as committee rooms should be formally legalized. He was afraid, if that was not the case, a great deal of indirect and underhand work must necessarily be done at the clubs. He was quite certain that if working men belonged to the clubs they would go in the evening and talk over the election, and it was impossible to avoid a certain amount of objectionable work being done in an informal way. If his Amendment were adopted, there would be an assimilation, as far as possible, of the mode of conducting Parliamentary and municipal elections. It was clear that the legalization of the use of political clubs would not make any difference in the conduct of municipal elections upon political grounds; because the men who became candidates for seats in Town Councils were, as a rule, not the working men who habitually used the club, and who became thoroughly saturated with political Party principles, but leading tradesmen, who might join clubs with the view of encouraging the Liberal or the Conservative cause, and who would stand for positions in the Town Council entirely independent of their membership of a club. Under these circumstances, and wishing that if municipal elections were to be fought on political grounds, they should be fought in a legitimate manner, he had ventured to submit this Amendment to the House. If he might make a verbal alteration in his Amendment it would be to substitute "permanent" for "bonâ fide." "Permanent" was a better word, and more completely expressed his meaning. His only object in saying "bonâ fide" was to guard against the employment of mere drinking shops, which were sometimes called clubs.
Amendment proposed,
In page 7, line 17, after the word "association," to insert the words "not being a permanent club, society, or association, which shall have been in existence for the period of 12 months prior to the passing of this Act."—( Mr. H. S. Northcote. )
Question proposed, "That those words be there inserted."
said, he would suggest to the hon. Gentleman (Mr. H. S. Northcote) that he should withdraw his Amendment in favour of the one standing in the name of the hon. Gentleman the Member for Mid Lincolnshire (Mr. E. Stanhope), on which Amendment the question could be more appropriately raised. He (Sir Henry James) had only to trouble the House with a few sentences in expressing his views upon this subject. He had to ask the House even more strongly than before to take upon itself the entire responsibility of dealing with this proposal. As he was in the novel condition of finding himself differing with some of his Colleagues on the question, he wished to state briefly why he desired to see this Amendment rejected. Would the House see what they were discussing? It really was not the question of the convenience of a particular candidate; but a very broad question they were discussing. Many persons wished to take municipal elections out of the area of Party politics; they wished to get, as members of municipal bodies, men of moderate views, who would not run on political lines; but who would be willing and anxious to serve the localities without being tied to one side or the other. What was proposed was to give to the club managers to decide who should be elected. Let the House take into its view a practical condition of things. Suppose there were three candidates for one seat, a Tory, a Liberal, and an independent. The Tory and the Liberal would have the use of their respective clubs for committee rooms; but what would become of the independent candidate? Take the case where they had two Tories and no Liberal standing for one seat. The Tory who placed himself in the hands of the Tory managers had a great advantage over his opponent, because he obtained the support of the club, as well as of those who were of the same political opinion. By the use of a club they did not only save the expense of a committee room, but the whole weight of the club was given to the candidate the club espoused. If a political club took up the cudgels of one of its partizans and gave him the whole weight of the Party organization and the club management, what chance had any other candidate, even though he might hold the same political views? He (Sir Henry James) considered that if the House accepted this Amendment they would give great strength to those who desired to see Party politics control municipal elections; they would give to municipal contests greater political weight than, in the interest of the public, they ought to have. These were his own opinions, from which many with whom he generally agreed differed.
said, he would admit there was something in what the hon. and learned Gentleman the Attorney General (Sir Henry James) had said; but he thought the hon. and learned Gentleman did not attach sufficient importance to the fact that many clubs had been established for the purpose of promoting electoral purity. ["Oh, oh!"] That was his opinion—indeed, he was quite certain it was a fact that, in a good many boroughs where previously corrupt practices had prevailed, pure elections had been the outcome of the establishment of political clubs. One reason why he had framed his Amendment in the form in which it appeared on the Paper was that many clubs had been formed in which intoxicating liquors could not be sold, and the clause now under consideration would prevent such clubs being used for political purposes. That, in his opinion, was unreasonable and unfair. If his hon. Friend (Mr. Northcote) would allow him to submit his Amendment to the House, he hoped it would meet with the approval of hon. Gentlemen.
asked leave to withdraw his Amendment.
Amendment, by leave, withdrawn.
moved, as an Amendment, to add, at end of the clause—"Provided also, That nothing in this section shall apply to any permanent political club."
Amendment proposed,
In page 7, line 32, to insert at the end of the sub-section, the words "Provided also, That nothing in this section shall apply to any permanent political club."—( Mr. E. Stanhope. )
Question proposed, "That those words be there inserted."
said, with regard to the remark made by the hon. and learned Attorney General (Sir Henry James), that if they did not allow political clubs to be used for election purposes, they would certainly not prevent municipal elections being more or less political. His hon. and learned Friend dwelt upon the fact that politics did enter into municipal contests. He said—"You give to the Liberal or Tory candidate all the club organization." He (Mr. Arthur Arnold) replied to the hon. and learned Gentleman—"You cannot take it from him." In every large borough these clubs existed—in all the Lancashire boroughs they existed to a great degree, and it was impossible to deprive a Party candidate of the support a club could give him. The hon. and learned Attorney General asked what was to become of the independent candidate. Unless he was a man of great personal weight he would stand very badly at any time; if he was a man of great weight and standing he would probably succeed. Considering that every Member on the Grand Committee who represented a large borough constituency voted for this Amendment he hoped the proposal of the hon. Member for Mid Lincolnshire (Mr. E. Stanhope) would be adopted by the House.
said, he hoped the Amendment would not be adopted. When the House was in Committee on the Parliamentary Elections (Corrupt and Illegal Practices) Bill of last year, he and his hon. Friend the Member for Bedford (Mr. Whitbread) spoke strongly against such a proposition as the present. If all the clubs which would be affected were bonâ fide political clubs, he should have no objection to the proposition; but what he contended was that in nearly all the boroughs of the Kingdom clubs had been started which were not bonâ fide Liberal or Conservative clubs. The rank and file of some clubs paid very small contributions, while the richer members of the Party to which the club was attached provided funds which enabled the poorer members to enjoy the luxuries of eating and drinking, but not at their own expense. That, in his opinion, was corruption in its worst form. It was quite unnecessary that clubs should be used for municipal election purposes. He hoped the House would support the hon. and learned Attorney General in his endeavour to put down what really amounted to a very corrupt practice.
said, it was quite clear the hon. Member for Colchester (Mr. Causton) knew nothing of the independence of feeling and action of the working men of Lancashire.
said, he entirely agreed with the view of the hon. and learned Attorney General. The more they eliminated political matters from municipal elections the better. He desired to see independent men taking an active part in the local concerns of a borough; and, in his opinion, the prohibition of the use of political clubs for election purposes would greatly contribute to such an end.
said, his hon. and learned Friend the Attorney General (Sir Henry James) had said he was very anxious to prevent the introduction of the political element into municipal conflicts. The hon. and learned Gentleman seemed to forget that that element already existed very largely in some of the principal boroughs of the Kingdom. He asserted that, as a matter of fact—and he challenged contradiction on the point—municipal elections in some of the largest boroughs were invariably fought on political lines—just as much on political lines as any Parliamentary election. He did not intend to argue whether it was right or wrong. It was a very taking argument in favour of the view of the hon. and learned Attorney General, that they should, if possible, get the best men to perform the work of our Municipalities. But it was contended that the best way of getting the best men was the introduction of the political element. The experience of many Gentlemen, who knew a great deal more about municipal life than he did, was that the best men of the different Parties came forward when they received the sympathy and influence of their Parties. But whether it be right or wrong, he did not think the House of Commons, in passing a Municipal Elections (Corrupt and Illegal Practices) Bill, was justified in endeavouring to introduce some new principle into municipal elections which did not exist already. They had to try to prevent bribery and corruption, and not to try to introduce any new principle into municipal elections. Last year, when considering the Parliamentary Elections (Corrupt and Illegal Practices) Bill, they came to the conclusion that they ought to allow candidates the advantage of the use of permanent political clubs for committee purposes. If it was right to use clubs in Parliamentary elections, it was equally right to use them in municipal elections. The observations of the hon. Member for Colchester (Mr. Causton) would apply with as much force to Parliamentary as to municipal elections. The Legislature did not adopt the view o f his hon. Friend, but had allowed clubs to be used for political purposes. He (Mr. H. H. Fowler) could not see why the House should apply one rule to one class of elections and another rule to another class of elections. When a Liberal and Tory stood for any municipal constituency, it was useless to talk about an independent candidate. In boroughs where the Liberal and Tory elements were strong, elections would be fought on Party lines. He should certainly vote with the hon. Member for Mid Lincolnshire (Mr. E. Stanhope); because what the hon. Gentleman proposed was a wise provision to introduce, and it would fairly carry out the legislation of last year.
said, that, with all respect to the hon. Member for Wolverhampton (Mr. H. H. Fowler), he could not agree with him that municipal elections ought to be fought strictly on political grounds.
said, he should be sorry to be misunderstood. He did not say municipal elections ought to be fought on political lines; but he said, as a matter of fact, they were fought on political grounds. He must not be quoted as having said that municipal elections ought to be so fought.
said, he entirely agreed with the hon. Member for Wolverhampton that, in the majority of instances, municipal elections were fought on political grounds; but he thought the House should do all it could to discourage such elections being so fought. He took exception to what had fallen from the hon. Member for Salford (Mr. Arthur Arnold). That hon. Gentleman had said that in the Grand Committee, of which he was a distinguished Member, all the Members for the large municipal boroughs voted in favour of this Amendment. Now, there was a Division in the Committee; but there was a majority of three to one against the view of the hon. Member for Salford—there were 26 against the proposal, and nine for it, and by far the larger number of Members who sat for large municipal boroughs voted against the proposal. His hon. Friends the Member for Salford and the Member for Oldham were the principal Representatives of large boroughs who voted for the pro- posal, while the hon. Member for Bristol, the hon. Member for Dundee, the hon. and learned Member for Stockport, and others—by far the greater majority of Representatives of large constituencies—were opposed to it. He hoped the House would support the hon. and learned Attorney General (Sir Henry James) in rejecting this proposal.
said, he should certainly vote for the Amendment of the hon. Gentleman the Member for Mid Lincolnshire (Mr. E. Stanhope), because he was convinced that the agency of clubs had largely resulted in inducing the best men, be they Liberals or Conservatives, to become candidates at municipal elections. He was of opinion, too, that the clubs so largely established in the North of England had, in their operation, resulted in not only providing a better class of candidates for municipal elections, but in elections being conducted in a much more orderly manner than formerly.
Question put.
The House divided: —Ayes 48; Noes 78: Majority 30.—(Div. List, No. 182.)
Clause 19 (Report exonerating candidate in certain cases of corrupt and illegal practice by agents).
, in moving, as an Amendment, to insert after "character," in page 8, line 27," and could not reasonably have been supposed to have affected the result of the election," said, the hon. and learned Attorney General (Sir Henry James) would know, of course, whence the words he proposed to insert came. Parliament had already laid down the principle that, where corrupt practices extensively prevailed, it was reasonable to suppose they affected the result of the election. He (Mr. Warton) thought, however, that if the corrupt practices were of a trivial character they ought not to be held to invalidate the election. It was quite possible that in the case of a very closely-contested election—an election which turned, for instance, on one or two votes —the offences committed might be of a very trivial and unimportant nature. This Amendment he proposed in the interest of purity of election, and he confidently submitted these words to the approval of the hon. and learned Attorney General.
Amendment proposed,
In page 8, line 27, after the word "character," to insert the words "and could not reasonably have been supposed to have affected the result of the election."—( Mr. Warton. )
Question proposed, "That those words be there inserted."
said, he could not assent to the Amendment, because it was evident, if any offences affected the result of the election, they could not be trivial or unimportant.
Question put, and negatived.
Clause 20 (Power of High Court and Election Court to except innocent act from being illegal practice, &c.).
, in moving, as an Amendment, to insert after "same," in page 9, line 12, "a corrupt practice or," said, this Amendment also he moved in the interest of purity. He wanted to have corrupt practices provided for, as well as illegal practices.
Amendment proposed, in page 9, line 12, after the word "same," to insert the words "a corrupt practice or"—( Mr. Warton. )
Question, "That those words be there inserted," put, and negatived.
Clause 21 (Sending in claims and making payments for election expenses).
, in moving, as an Amendment, to leave out line 24 in page 9, said, it seemed to him perfectly absurd to retain this line in the clause. The same idea was expressed twice over in two consecutive lines—"Any person who makes a claim except where the payment is allowed." How could a payment be made in contravention of the section if it was allowed by the section?
Amendment proposed, in page 9, to leave out line 24.—( Mr. Warton. )
Question proposed, "That line 24 stand part of the Bill."
said, he must confess that the hon. and learned Gentleman (Mr. Warton) had been rather ingenious in finding opportunities to move Amendments. Payment might be in contravention of the section, as the hon. and learned Gentleman would see in the next page, although, in contravention of the section, certain payment was to be allowed. This line was quite necessary.
Question put, and agreed to.
Amendment proposed, in page 10, line 13, to leave out the word "an."—( Mr. Warton. )
Question, "That the word 'an' stand part of the Bill," put, and agreed to.
Clause 24 (List in burgess roll of persons incapacitated for voting by corrupt or illegal practices).
, in moving, as an Amendment, to leave out "other," in page 11, line 29, said, he wished to explain that this Amendment must he considered in conjunction with the others he had put down to the same clause. It appeared to him it would be far better not to have the phrase "or an election to any public office." It would also be shorter and simpler to say "continuing or amending this or that Act." The phrase employed in the clause was rather roundabout; and as they were dealing with corrupt practices and other crimes, it was needless to say "under any Act continuing or amending this or that Act."
Amendment proposed, in page 11, line 29, to leave out the word "other."—( Mr. Warton. )
Question, "That the word 'other' stand part of the Bill," put, and agreed to.
Amendment proposed,
In page 11, line 29, to leave out from the word "Act" to the word "office," in line 30, inclusive, in order to insert the words "continuing or amending this or that Act,"—( Mr. Warton, )
—instead thereof.
Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
Amendment proposed, to leave out the word "and," in page 11, line 32, and insert the word "or,"—( Mr. Warton, )—instead thereof.
Question, "That the word 'and' stand part of the Bill," put, and negatived.
Question, "That the word 'or' be there inserted," put, and agreed to.
proposed, as an Amendment, to insert after "Parliamentary," in page 11, line 41, "or municipal."
Amendment proposed, in page 11, line 41, after the word "Parliamentary," to insert the words "or municipal."—( Mr. Warton. )
Question proposed, "That those words be there inserted."
opposed the Amendment because the words "or any public office" covered "municipal."
said, he agreed with what the hon. and learned Attorney General had said; but it would be better and shorter to have "Parliamentary or municipal."
said, the word "municipal" did not carry into effect what was wished. There were offices such as Boards of Guardians and Local Boards which did not come under "municipal," but which did come under "other public office."
Question put, and negatived.
Clause 25 (Time for presentation of petition alleging illegal practices).
moved, as an Amendment, to insert Clause 26 as Sub-section (1) of Clause 25.
Amendment proposed,
In page 13, line 10, at beginning of Clause, to insert Clause 26 as Sub-Section (1).—( Mr. Attorney General. )
Question, "That the said Clause be there inserted as sub-section (1)," put, and agreed to.
moved, as an Amendment, to leave out "an," in page 13, line 11.
Amendment proposed, in page 13, line 11, to leave out the word "an."—( Mr. Warton. )
Question proposed, "That the word 'an' stand part of the Bill."
said, he was sorry he could not give way to his hon. and learned Friend's "an" on this occasion.
Question put, and agreed to.
Clause 27 (Withdrawal of election petition).
, in moving, as an Amendment, to leave out "on special grounds," in page 13, line 39, said, it seemed to him that these words were quite unnecessary. Why not say, "which seem just to the Court," as they had said before?
Amendment proposed, in page 13, line 39, leave out the words "on special grounds."—( Mr. Warton. )
Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
, in moving, as an Amendment, in page 14, line 1, to leave out all after "state," to end of sub-section, and insert—
"Fully the terms of any agreement or undertaking made or entered into respecting the withdrawal of the petition, to which agreement or undertaking the deponent may have been party or privy."
said, it appeared to him that the provision in sub-section (2) was extremely long and unnecessary, and he trusted the hon. and learned Attorney General would see his way to omit it.
Amendment proposed,
In page 14, line 1, to leave out all the words after the word "state" to the end of sub-section, and insert the words "fully the terms of any agreement or undertaking made or entered into respecting the withdrawal of the petition, to which agreement or undertaking the deponent may have been party or privy,"—( Mr. Warton, )
—instead thereof.
Question, "That the words proposed to be left out stand part of the Bill," put and agreed to.
, in moving, as an Amendment, to leave out "(whether lawful or unlawful)" in page 14, line 18, said, he would ask what did the phrase mean? Did it mean that the person making the affidavit was to state whether, in his opinion, the grounds were lawful or unlawful, or did it mean all the grounds? If it meant all the grounds, it would not be necessary to say whether lawful or unlawful.
Amendment proposed, in page 14, line 18, to leave out the words ("whether lawful or unlawful.")—( Mr. Warton. )
Question, "That the words '(whether lawful or unlawful)' stand part of the Bill," put, and agreed to.
said, he should not move any of the following 10 or 12 Amendments which stood in his name on the Paper.
Clause 30 (Power to election court to order payment by borough, or individual, of costs of election petition).
said, he proposed, as an Amendment, to insert at the end of the clause—
"No witness on the trial of any municipal election petition presented after the passing of this Act shall be liable to be asked, or bound to answer, any question for the purpose of proving, or tending to prove, the commission of any corrupt practice at or in relation to any Parliamentary or municipal election prior to the passing of this Act."
There were two modes of inquiring as to the existence of corrupt practices at a Parliamentary election—either Commissioners were appointed by the Crown to make an inquiry, or an Election Petition was presented against the return of a Member to the House. The 49th section of the Parliamentary Elections (Corrupt and Illegal Practices) Act was as follows:—
"Provided that in all cases where the Commissioners have been appointed to inquire into corrupt practices, the Commissioners shall not inquire into any corrupt practices with regard to any elections which have taken place before the passing of the Act;"
and then the Act further provided—
"That no witnesses called before such Commissioners, and no witnesses called on any election petition after the passing of this Act, shall be allowed to be asked, or bound to answer, any question for the purpose of proving the commission of corrupt practices in relation to any election prior to the passing of this Act."
Of course, the Amendment he proposed had no reference to a Commission, because a Commission was not issued for the purpose of inquiring into corrupt practices at municipal elections. But there were such things as election petitions in regard to municipal elections, as there were in regard to Parliamentary elections; and he proposed, therefore, to add words to assimilate this Act with the Act of last year in regard to the mode in which election inquiries should be conducted. The House would recollect that this matter was discussed at great length when the Parliamentary Elections (Corrupt and Illegal Practices) Bill was before the House. A clause, similar to the one he (Mr. Inderwick) now moved, was proposed by the hon. Member for Glasgow (Mr. Anderson), and received the universal assent of the House. The hon. and learned Attorney General (Sir Henry James) gave his assent to the clause, and said, in his opinion, it would be a very valuable addition to the Bill; and added—
"With regard to these matters, byegones should be byegones; and when this Act passed, there should be no one who should be in fear of coming forward."
Such was the feeling entertained by every Member of the House, and accordingly the clause received general assent. There was only one other observation he had to make. When the Act was passed last year, it was said it was very proper to pass an Act of Parliament which would prevent any Member's past misdeeds being inquired into. He was bound to say the House of Commons would stand in a somewhat invidious position if they failed to consider in the same tone and temper a question of this kind as affecting Municipalities and municipal electors of the country. He begged to move the Amendment which stood in his name.
Amendment proposed,
In page 18, line 13, at the end of the sub-section, to insert the words—"No witness on the trial of any municipal election petition presented after the passing of this Act, shall be liable to be asked, or bound to answer, any question for the purpose of proving, or tending to prove, the commission of any corrupt practice at or in relation to any Parliamentary or municipal election prior to the passing of this Act." ( Mr. Inderwick. )
Question proposed, "That those words be there inserted."
said, that though he was partly responsible for the form of the clause adopted by the House last year, he could not support his hon. and learned Friend (Mr. Inderwick) in the proposal he now made. The two cases were essentially different. It was felt that unless some such clause as this were inserted in the Parliamentary Elections (Corrupt and Illegal Practices) Bill, there were a good many boroughs in the country in which Petitions would not be presented from the fear that the evidence given concerning past elections might have the effect of bringing about a disfranchisement of the constituency. He (Mr. E. Clarke), and the majority of the House, thought it was desirable to remove that fear, and so enable boroughs to start entirely free from the check upon petitions which existed in the memory of past misdeeds. But that did not apply to municipal elections at all. There was no danger of the revelations made upon one petition leading to a Commission and the disfranchisement of the place. The only thing that this clause would do, if it were put in the Bill, would be to enable people who had been guilty of bribery in past times to go into the witness-box and present themselves on the trial of an election petition absolutely free from any danger of having their character attacked, or of having their evidence discredited by their past actions. He hoped the hon. and learned Attorney General (Sir Henry James) would not consent to introduce this clause, which would not produce the good results which they hoped and expected from the clause inserted in the Bill of last year, but which would result in putting the man unclean in municipal matters on exactly the same footing as the man who had been clean all his life.
said, he could not vote for the clause. An inquiry into a Parliamentary election was very different to that into a municipal election. In the case of a Parliamentary election, Royal Commissioners were appointed whose duty it was to inquire into past elections. In the case of municipal elections, they had no such inquiries. They had only inquiries as to particular elections, and the result of this clause would be simply to prevent cross-examination, as to a man's credit. As a matter of fact, the clause would give a good character as regarded corrupt practices to every witness who came into the box. A man might have been a briber all his life, and yet nothing could be asked him as to his credibility. That would be the only effect of the clause; and, therefore, he (Sir Henry James) hoped it would not be approved by the House.
said, he could not agree with his hon. and learned Friend the Attorney General (Sir Henry James) and the hon. and learned Member for Plymouth (Mr. E. Clarke) in their attempt to discriminate in this matter between Parliamentary and municipal elections. The object of this Bill and of the Parliamentary Elections (Corrupt and Illegal Practices) Bill was, as he understood it, to promote purity of election, and the only way in which that could be done was to encourage Petitions. The hon. and learned Gentleman the Member for Plymouth had argued that they would discourage Parliamentary Petitions, but not municipal petitions, by not accepting this clause. It appeared to him (Mr. S. Buxton) that they would just as much discourage municipal election petitions as they would Parliamentary Election Petitions, for the borough was as corrupt in municipal matters as in Parliamentary. It would be just in those boroughs where corruption had taken place at past municipal elections that a petitioner would be afraid to petition, not through fear of disfranchisement, but through the fear that he himself, or his friends, would be exposed to the obloquy of having taken part in past acts of bribery. He (Mr. S. Buxton) could not agree with the hon. and learned Attorney General that that fear would be entirely done away with by the fact that the town would not be disfranchised. He agreed with his hon. and learned Friend (Mr. Inderwick) that, in this matter, the law relating to municipal elections should be assimilated to that affecting Parliamentary elections; and, therefore, he very heartily supported the clause the hon. and learned Gentleman proposed.
Question put, and negatived.
Clause 36 (Application to City of London of Act and of Part IV. of 45 & 46 Vict. c. 50).
said, hp proposed, as an Amendment, to leave out, in page 20, line 34, "in the case of an election by liverymen in Common Hall, and." The City of London had no wish to be exempted from the provisions of the Bill; but the elections with which this and the subsequent Amendments he had on the Paper had to deal were very different from any other municipal elections—they were, in fact, rather of the character of Parliamentary elections. The Liverymen formed a very large constituency, many of them residing considerable distances from the City. Under the circumstances, he did not see how it was possible the provisions of the Bill could apply to the elections by Liverymen. As regards the Lord Mayor's election, in any contest the merits of the candidates would be well known, more or less; but in the case of an election for the office of Chamberlain that would not be the case, and candidates might not be very much known. Politics, he was happy to say, did not enter much into City elections; but that made it all the more necessary to make oneself known to the electorate by circulars and advertisements, and any candidate must be put to very considerable expense. So that they had a claim to have a reasonable sum allowed for expenses that must necessarily be incurred under the circumstances. The sum he had named was quite as little as it was possible to conduct an election upon, and it was only two-thirds of what would be allowed in a Parliamentary election. In many respects, the election for Lord Mayor bore more analogy to a Parliamentary election than anything else, and, certainly, he did not see how it was possible to conduct an election on the small sum allowed in the Bill; and he, therefore, hoped his hon. and learned Friend the Attorney General would see his way to allowing the Amendment. Contested elections to the offices of Lord Mayor and Sheriff were rare—still they occasionally arose; and he did not see how they could be properly conducted as the Bill stood.
Amendment proposed, in page 20, line 34, to leave out the words "in the case of an election by liverymen in Common Hall, and."—( Mr. R. N. Fowler. )
Question proposed, "That the words proposed to be left out stand part of the Bill."
said, he was sorry the discussion of this Amendment had been driven to such a late hour, for this was a very important clause in the Bill. At first, the City was not included in the Bill; but the civic authorities thought the City ought to be included, for they did not think their elections should be so expensive as they had been. The elections in Common Hall were different to any other elections in the country. In Common Hall, the Lord Mayor, Sheriffs, the Chamberlain, and two or three less important officers were elected; and, under the present system, if a poll was demanded, it was open for seven days, the Liverymen living at a distance to which there was no limit, though there was a limit of distance, if they voted as Liverymen for a Member of Parliament. Now, the object was not to encourage an extravagant expenditure—the object was to prevent an evil in the other direction. The office of Chamberlain was one of high position, power, and emolument; and it was the desire of many to occupy it. The citizens wished to have one of their number in that position of whom they could be proud; they wished to have a man who would uphold the honour and dignity of the City, and be a credit to his position. But it would be possible to adopt tactics by which a man might be put forward, with sufficient support to carry an election, before the great body of Liverymen could be informed on the facts and merits of the case; and what was wanted was the opportunity of allowing information to be distributed among the Liverymen. Considering the cost of sending 10,000 circulars, and the cost of advertising, the amount allowed in the Bill was quite insufficient. The Corporation asked that this should be altered, so as not to debar them from the means of getting the best man to fill an important position. Any idea that the money might be used for furthering corruption was absurd; the amount, in itself, gave no opportunity for it. He would not go into the question whether the system was the best; but it had existed for four or five centuries; and now, when altering a seven days' poll to one, it was the more necessary to have the claims of candidates made well known to the electors. Not the same difficulty would arise in the election of a Lord Mayor, as the Liverymen elected two, and the Aldermen made the selection. That was done last year, and was the subject of much criticism at the time; but he believed that it was now generally admitted that the selection by the Aldermen of Alderman Fowler for Lord Mayor was wise and discreet. It was a different thing in the election of Chamberlain; whoever was elected to fill that position must spend money previously, in some shape or form, to inform the Liverymen of his claims. He hoped his hon. and learned Friend the Attorney General would grant the request of the City.
said, his only desire was to act in a manner most acceptable to those most concerned. In the Grand Committee this question was left open for the decision of the House; for, as he said when the proposal was made, then they had not sufficient information. He felt the force of that which his right hon. Friend the Lord Mayor had said. These elections were quite distinct from those under ordinary circumstances, the Liverymen having the privilege of living out of the borough. At the same time, while willing to make the concession, he thought that £400 was a rather larger sum than was really necessary. He thought that £250 would be a sufficient and reasonable sum.
Question put, and negatived.
Amendment agreed to.
said, as regarded the third Amendment he had on the Paper, he would accept the proposal of the hon. and learned Gentleman the Attorney General, and substitute £250 for £400. First, however, he would move the Amendment in line 35.
Amendment proposed, in page 20, line 35, after "Alderman," insert "and Common Councilman."—( Mr. R. N. Fowler. )
Question, "That those words be there inserted," put, and agreed to.
Amendment proposed, in page 20, after line 37, insert the following sub-section:—
"(1.) In the case of an election by liverymen in common hall a sum may be paid and expenses incurred, if a poll be not demanded, not exceeding forty pounds, and, if a poll be demanded, then not exceeding two hundred and fifty pounds, and in the event of a poll being demanded, such poll shall take place on the third day after the demand for a poll be made, unless such third day be a Sunday, in which case the poll shall take place on the fourth day, and the poll shall last for one day only, and commence at the hour of eight in the morning and close at six in the evening.—( Mr. R. N. Fowler. )
Question, "That those words be there inserted," put, and agreed to.
Clause 41 (Act not to extend to Scotland).
said, he would propose, as an Amendment, that the Bill should not extend to Ireland. The election of Guardians in Ireland was the only class of election, he believed, which required the application of this Bill, and such elections would be dealt with in another Bill.
Amendment proposed, in page 23, line 11, after "Scotland," insert "or Ireland."—( Mr. Attorney General. )
Question, "That those words be there inserted," put, and agreed to.
On the Motion of Mr. ATTORNEY GENERAL, Clause 42 (Application of Act to Ireland), struck out of the Bill.
Schedules
On the Motion of Mr. ATTORNEY GENERAL, the following Amendments made.
Schedule 1, page 25, line 23, leave out from end of line to end of Schedule; Schedule 2, page 26, line 29, leave out from end of line to end of Schedule; Schedule 3, page 29, line 11, at end of Part I., insert—
Enactment defining the offences of bribery, treating, undue influence, and personation.
"The Municipal Corporations Act, 1882."
(45 and 48 Vic. c. 50, s. 77.)
(Definitions.)
"S. 77. 'Bribery,' 'treating,' 'undue influence,' and 'personation,' include respectively anything done before, at, after, or with respect to a municipal election, which, if done before, at, after, or with respect to a parliamentary election, would make the person doing the same liable to any penalty, punishment, or disqualification for bribery, treating, undue influence, or personation, as the case may be, under any Act for the time being in force with respect to parliamentary elections."
Bill read the third time, and passed.
Royal Courts of Justice Bill
( Mr. Courtney, Mr. Herbert Gladstone. )
Bill 139.] Committee
Order for Committee read.
Motion made, and Question proposed, "That this House will, upon Monday next, resolve itself into the said Committee."—( Mr. Courtney. )
, in moving, as an Amendment, to substitute "Monday 4th August" for "Monday next," said, he should like to know whether there was any real intention to proceed with the Bill, after the important decision of the House a few weeks since, when the Government were defeated? The effect of that was to leave the Bill a mere shell, a wreck. Did the Government mean to proceed with it in that state; or did they wish to seize an opportunity when the attendance of hon. Members was small to restore the Bill to its original shape? The latter would certainly not be a right thing to do.
Amendment proposed, to leave out the words "Monday next," in order to insert the words "Monday 4th August," —( M. Warton, )—instead thereof'.
Question proposed, "That the words 'Monday next' stand part of the Question."
said, no; they did not intend to seek to restore the clause; but they were not without hope of getting the Bill through.
Question put, and agreed to.
Committee deferred till Monday next.
Superannuation Bill.—[Bill 146.]
( Mr. Herbert Gladstone, Mr. Courtney. )
Committee
Order for Committee read.
said, he did not want to oppose the Bill; but he wished to have it extended to certain classes of workmen engaged in the manufacturing departments of the War Office. He had explained this to hon. Gentlemen opposite, and he hoped to have some assurance that the matter had received consideration.
said, this question had been raised before; and his hon. Friend the Surveyor General of Ordnance (Mr. Brand), on the part of the War Office, was ready to make further inquiries. At the same time, he did not think the inquiry would result in altering the opinion of the Treasury, which was adverse to the views of the hon. Member opposite. Further inquiry, however, would be made, and he would suggest that they should now go into Committee. He would then move to report Progress at once, and defer the Bill to Monday.
Bill considered in Committee.
Committee report Progress; to sit again upon Monday next.
Public Works Loans Bill
( Mr. Courtney, Mr. Herbert Gladstone. )
Bill 299.] Committee
Order for Committee read.
said, in moving the Motion he had given Notice of, he would briefly refer to the Har- bours and Passing Tolls Act of 1861, and the provisions therein. That Act was passed as the consequence and result of two inquiries that were held—one by the Select Committee of 1857–8, and one by the Royal Commission of 1859–60. Among the recommendations that resulted from these inquiries was one that loans to trading harbours should be granted at a low rate of interest. To give effect to this a Bill was introduced by the right hon. Gentleman the late Mr. Milner Gibson, the then President of the Board of Trade, and the present Prime Minister, then Chancellor of the Exchequer, which enacted that loans should be granted at 3¼ per cent to trading harbours. The Bill passed, and the Act worked fairly well down to 1879, when a change was introduced by a Bill similar to the one now before the House—a "Public Works Loans Bill," which left it at the discretion of the Treasury to raise the rate of interest on advances under the Harbours and Passing Tolls Act, and any other Acts sanctioning loans at a special rate of interest, to whatever rate under 5 per cent the Treasury thought desirable. In consequence, a Treasury Minute was issued, which changed the 3¼ per cent to a sliding scale of interest of 3½ per cent under 20 years; 3¾ per cent between 20 and 30 years; 4 per cent between 30 and 40 years; and 4¼ per cent between 40 and 50 years. This had the effect of raising the rate of interest 1 per cent on all harbour loans; for, naturally, such loans were required for the longest term that could be granted, the works requiring a long time for completion and to fructify. The intention, in the passing of the Act of 1861, was very well expressed in evidence recently given before his Committee by Sir Thomas Farrer. He said—
"The policy of granting loans to harbours was adopted in place of making harbours of refuge at the expense of the public funds. You must not look at loans to trading harbours as if they stood quite alone, or were to be considered on the bare principle of political economy. The fact was the loans were not merely for the improvement of harbours, but were for staving off or preventing a larger expenditure on the construction of harbours of refuge."
He (Mr. Marjoribanks) said that the raising of the rate of interest was practically a breach of faith with Harbour Trusts of the Kingdom. The Select Committee, over which he had had the, honour to preside, was so thoroughly convinced of that, that, when reporting last year to the House, they made a special recommendation with regard to the rate of interest charged on advances under the Harbours and Passing Tolls Act, 1861. He believed that immediate effect could be given to that recommendation; and from a private conversation which he had had with the right hon. Gentleman the Chancellor of the Exchequer (Mr. Childers), and also from an answer which the right hon. Gentleman had given him in that House, he gathered that he was by no means prepared to meet this recommendation of the Select Committee with entire hostility. He had, therefore, hoped and expected that some change would have been arranged for in this Bill; and he was bound to say that he felt somewhat surprised and disappointed when he found, on Tuesday morning, that no change whatever was proposed. Under those circumstances, having had to consider the best course to pursue, he had arrived at the conclusion that the proper course to be taken was to put a Notice on the Paper of a Motion for an Instruction to the Committee to give effect to the recommendations of the Select Committee on Harbour Accommodation. He would not trouble the House with a lengthened argument at that hour of the night; he would merely appeal to hon. Members to support him in the Division he intended to take upon the Motion standing in his name, and which he now begged to move.
Motion made, and Question proposed,
"That it be an Instruction to the Committee on Public Works Loans that they have power to give effect to the recommendations of the Select Committee on Harbour Accommodation in their Report of 1883, having reference to the reduction of the rate of interest charged on advances made under 'The Harbours and Passing Tolls Act, 1861.'"—( Mr. Marjoribanks. )
Sir, I am sorry to have to ask a question with reference to a point of Order. I ask, whether it is in Order to move an Instruction of this kind to the Committee, when the Committee is already able to give effect to the object of the Motion without such Instruction? I understand that an Instruction is only permissible where the Committee about to be appointed is unable to report without that Instruction.
The hon. Gentleman has rightly stated the Rule on this point. Instruction is only permissible when it is necessary for the purpose of giving powers to a Committee to do that which otherwise they would have no authority to do.
How are we to know what view the Chairman of the Committee of Ways and Means will take of an Amendment embodying the terms of the Motion? We may have the Chairman of the Committee of Ways and Means ruling that such an Amendment does not come within the scope of the Bill. I ask, whether it is intended to inform the Chairman of Ways and Means that the Amendment may be moved?
The terms of the Motion will be a matter entirely for the Committee, and not for the Chairman of the Committee of Ways and Means, to decide.
But with regard to an Amendment; it will be competent for anyone in Committee of Ways and Means to ask the Chairman whether the proposal which the hon. Member for Berwickshire (Mr. Marjoribanks) has moved would be in Order; and it might be part of the tactics of other hon. Members to defeat the object of the hon. Member by some other means, just as they were trying to defeat it at the present moment. I wish to know, whether we have any guarantee that the Chairman of the Committee of Ways and Means will not give a ruling in favour of the Resolution not being moved?
It is a question of Order that has arisen, not a question of the ruling of the Chairman of the Committee of Ways and Means.
Then I understand that you have given no ruling on the point with regard to the Resolution in the Committee?
I am quite willing to hear the arguments on that point.
Sir, I am sorry there is another point which must be raised, as to whether it is competent to move the Resolution at all.
said, that in the Public Works Loans Act, 1879, certain authority was given to the Treasury, and the Treasury, using that authority, had issued a certain Minute, and it was that Minute which he desired to take the power of altering in this Bill.
This Committee derives authority from the Public Loans Act, 1879, which deals with the whole question of public loans. I submit that the Motion for going into Committee on the Public Works Loans Bill of this Session would not be the proper place in which to introduce a Resolution of this nature. It would be irregular to move an Instruction to the Committee to do that which they already have the power to do under the Act. From the nature of the aim which my hon. Friend has in view, I believe it is within the competence of the Committee to deal with the question.
said, he thought the position taken by the hon. Member for Monaghan (Mr. Healy) had not been clearly understood. It seemed to him that the point of the hon. Member was, that if Mr. Speaker ruled that this Resolution could be put in Committee without Instruction, the hon. Gentleman the Secretary to the Treasury might nevertheless rise in Committee and object to the Amendment being inserted, on the ground that a money question was raised.
said, he would submit a point in support of what had fallen from the hon. and gallant Gentleman who had just sat down (Captain Aylmer). It was that it was not competent to any Member of the House to move a Resolution of this kind in Committee, and therefore an objection taken by the Government would completely upset any such Motion. They were taking the only course open to them on a Money Bill—that was to say, they were appealing to the Government, by Resolution of the House, to give effect to the recommendations of the Select Committee; and it was because, as private Members in Committee, they had no power to proceed by way of Amendment, that they appealed to the Government to carry out their object by Instruction to the Committee.
said, the argument of the hon. Member for Monaghan (Mr. Healy) was fatal to the Motion. A private Member could not move the House to do that which he could not move in Committee.
said, it was not necessary at all that, because they were ask- ing that effect should be given to the Resolutions of the Select Committee, they should go into the recommendations of the Select Committee. They were simply asking that the Resolution passed by the Select Committee should be given effect to, and they were not called upon to go into the question raised by the hon. Gentleman.
It would be clearly competent to the Committee to undertake this duty without Instruction from the House. It has already competence to do so.
Will you, Sir, supplement that by a statement to the effect that it would be competent for a private Member to move the Resolution?
It would not be proper to move in this House an Instruction to the Committee to do that which the Public Works Loans Act already empowers the Committee to do. The Question, therefore, cannot be put.
said, he would be glad to hear what course the Government intended to pursue in this matter. His hon. Friend the Member for Berwickshire (Mr. Marjoribanks) had given Notice of this Motion, for the purpose of obtaining a statement from the Government on this question of interest. He was not himself a Member of the Select Committee; but he had some knowledge of the smaller harbours on the South Coast of England, many of which were silted up and quite useless for the purpose for which they were intended. They had drifted into that condition, because the money was lent to the Trustees at such a high rate of interest that it was impossible for them to borrow the money necessary to keep them in an efficient state. For the purpose of giving the Secretary to the Treasury an opportunity of stating what course the Government proposed to follow in this matter, he begged to move the adjournment of the debate.
Motion made, and Question proposed, "That the Debate be now adjourned."—( Mr. Inderwick. )
said, he was about to make a statement on the subject. Perhaps the hon. and learned Member would withdraw his Motion for the adjournment of the debate.
Motion, by leave, withdrawn.
said, that this Resolution had been brought on by his hon. Friend the Member for Berwickshire (Mr. Marjoribanks) rather suddenly. He did not mean to say that the question was a new one.
said, he begged the hon. Gentleman's pardon; his Notice had been on the Paper during the whole of the Session.
said, his meaning was that the Motion had been brought on rather suddenly, so far as this Bill was concerned. He had to state that only that morning, having had an opportunity of consulting the right hon. Gentleman the Chancellor of the Exchequer (Mr. Childers) upon it, they were in hope that the hon. Gentleman would not have thought it necessary to proceed. In the first place, he would point out that the rates of interest charged on the loans were regulated at present by Treasury Minute, and that the proper form of making an alteration of the rate of interest to be paid hereafter on those loans would also be by Treasury Minute. It was therefore considered undesirable in this Bill to specify any exact terms on which money should be advanced. As an illustration of that, he was bound to point out the inconvenience which would result from the rate of interest being fixed by the Bill. If the rate of interest were fixed by Act of Parliament, instead of by Treasury Minute, they would not be able by Treasury Minute to reduce the rate of interest. It was, therefore, thought desirable that the Executive Government should have power to determine the rate of interest from time to time, as well as the amount of security to be provided. Therefore, he urged upon his hon. Friend the imprudence of bringing this matter within the scope of the Bill, instead of leaving it to be dealt with by a Treasury Minute. It was quite true that this subject had been brought before the Select Committee of last year, and that it formed part of the preliminary Report at the end of last Session; and although it was true that his hon. Friend had, on one or two occasions, put a Notice on the Paper in relation to the question, he had yet never brought it forward. The recommendations of the Select Committee were considered at the beginning of the Session by the right hon. Gentleman the Chancellor of the Exchequer and himself (Mr. Courtney), with a desire to go as far as possible, consistently with, and having regard to, the responsibility of the Treasury, to meet the recommendations of the Committee. They believed they had discovered a way which promised to fulfil that aim. They thought that some form of collateral security should be given for loans of this kind, and that if such were forthcoming a reduction of the rate of interest might be made. Now, he believed that the principle of collateral security was one which had not been very much embodied in Acts of Parliament, so far as England was concerned, although it had been acted upon in Ireland, where loans had been made for the purpose of constructing railways on the security of the rates. It was thought, with respect to recent harbour loans, that collateral security might be offered on the part of the municipalities. There was the idea that the municipalities might come in said of the tolls, because the tolls of harbours were obviously a very unsatisfactory and risky security. For instance, a harbour might pass out of use, merely by the falling off of the shipping trade at the place where it was situated, and the tolls of the harbour, under such circumstances, would constitute a very unsatisfactory security for the amount of public money which might be advanced. But in the event of adequate collateral security being forthcoming in the neighbourhood, from persons responsible for the harbour, and responsible for its management, and having, probably, a voice in the selection of Trustees for keeping the harbour in a proper condition, under those circumstances, he said, the desire would be to meet the view of the Select Committee of last year with regard to reducing the rates of interest. He appealed to his hon. Friend to leave the matter in the hands of the Treasury; because he believed it was one which should be regulated by Treasury Minute, and not by a strict line embodied in an Act of Parliament, which could not necessarily provide for all the circumstances connected with the harbours for which the loans might be asked. He trusted this statement would be satisfactory to his hon. Friend, and that he would now allow the Bill to go forward.
said, his hon. Friend the Secretary to the Treasury (Mr. Courtney) had not confined himself to his arguments at all. He spoke of taking collateral security for harbour loans; but he (Mr. Marjoribanks) would remind the hon. Gentleman that that was the very thing recommended in the Report of the Select Committee last year. The recommendation with regard to the reduction of the rate of interest was entirely distinct, and in addition to that recommendation. A number of boroughs had been able to give that security; he knew a case in his own district where the local rates were assigned as collateral security. With regard to the amount of loss supposed to accrue from these harbour loans, he would like to any a few words. The amount of interest actually received on all loans under the Harbours and Passing Tolls Act since 1861 was £897,381; the amount that would have been receivable on the same advances at 3 per cent, the rate at which the Government borrowed money, would have been £822,428, or £74,953 less than the amount actually received. So far, therefore, the Government had made an actual profit of nearly £75,000 on advances in respect of interest alone. There was in arrear on the 31st March, 1883, the sum of £61,270, out of the total sum advanced of £2,561,849, while the total sum remitted amounted to £33,992. He hoped that his hon. Friend the Secretary to the Treasury would have gathered from the observations which had fallen from hon. Members in the course of the discussion that there was a strong desire in the House to make a material reduction in the rate of interest, and he trusted that they would have a reduction made known to them before long in the shape of the Treasury Minute announcing the fact.
said, it was much to be regretted that, owing to the technical point raised by the hon. Gentleman the Secretary to the Treasury (Mr. Courtney), the House was unable to come to a decision on the question brought forward by the hon. Member for Berwickshire (Mr. Marjoribanks). The principle on which the hon. Gentleman the Secretary to the Treasury wished the House to act was something like this—"Shut your eyes and open your mouth, and see what the Treasury will send you." Having had some experience of Irish loans, he could assure the hon. Gentleman the Member for Berwickshire that the Treasury would not do a single thing after having got the Act passed. When the Act was passed, the hon. Member for Berwickshire might organize as many deputations to the Treasury as he pleased, or he might raise discussions in that House; but the Secretary to the Treasury would only shrug his shoulders and say—"I am very sorry I am quite unable to do anything for you." Such was the experience of Irish Members with regard to the Government in the matter of loans. It might be said that when they had passed their Bill, and fixed the rate of interest by Treasury Minute, their regard for that Minute was much greater than the regard which a poor Mussulman had for the Prophet. The hon. Member for Berwickshire might take it for granted that the hon. Gentleman the Secretary to the Treasury, at the present time, would do absolutely nothing to forward the recommendations of the Committee; and, so far as the Resolution was concerned, when the time came, the hon. Gentleman the Secretary to the Treasury would completely ignore it. The House would have come to a decision on the point that night had it not been prevented by the clever technical device of the hon. Gentleman, who, directly the Bill was passed, would simply say that, having looked into the circumstances, he was quite unable to do anything in the matter.
Bill considered in Committee.
(In the Committee.)
Clause 1 agreed to.
Clause 2 (Grant of £3,000,000 for Public Works Loans. 38 and 39 Vict. c. 89. 42 and 43 Vict. c. 77.)
said, unless he received some satisfactory statement from the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) he should be compelled to move that Progress be reported.
said, he hoped his hon. Friend (Mr. Marjoribanks) would not think it necessary to move to report Progress. He was very much surprised that the hon. Member for Monaghan (Mr. Healy) should doubt what he had said with reference to the rate of interest.
Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—( Mr. Marjoribanks. )
said, the hon. Member for Monaghan was extremely obliged to the hon. Gentleman the Secretary to the Treasury, and begged leave to inform him that observations of that kind were not likely to induce the hon. Member for Monaghan to accept the representations of the Secretary to the Treasury, or to facilitate the passing of the Bill.
said, there had been so many instances of breaches of faith on the part of the Government that he, for one, was very suspicious of their assurances. He would ask, with regard to this question, whether they intended to perform what they had promised? For his own part, he never trusted the Government at all.
said, he would remind the Committee that the remark of his hon. Friend the Secretary to the Treasury (Mr. Courtney) was due to the observations made by the hon. Member for Monaghan (Mr. Healy). His hon. Friend had distinctly assured the hon. Member for Berwickshire (Mr. Marjoribanks) that the matter would be dealt with by Treasury Minute. He had, at the same time, pointed out the advantage of dealing with it in that way, as opposed to dealing with it by Act of Parliament. The hon. Member for Monaghan thereupon said—"Do not give the Government their Bill, because, when it has passed, the Secretary to the Treasury will do nothing."
said, if he had understood the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) to give a distinct pledge, he would not have made the remarks to which the hon. and learned Gentleman the Solicitor General referred; but he did not believe that the Secretary to the Treasury gave any pledge whatever.
said, he understood his hon. Friend the Secretary to the Treasury (Mr. Courtney) to say that he would deal with the matter in a Treasury Minute, and that he shadowed out the form which the Treasury Minute was to take with reference to the rate of interest. That he understood to be what his hon. Friend intended. The hon. Member for Monaghan (Mr. Healy) said he did not understand that a pledge had been given; but his (the Solicitor General's) hon. Friend certainly thought he had given a strong pledge, and that was why he had spoken so warmly.
said, that this was a matter in which he took great interest, and had taken great interest for many years. The Act of 1861 provided that advances should only be made for public harbours. Loans had been refused where adequate security was not provided.
rose to Order. He wished to know whether it was competent for the hon. Member for Stockton (Mr. Dodds) to go into this matter, seeing that the Motion before the Committee was that the Chairman report Progress, and ask leave to sit again.
said, the hon. Member for Stockton was scarcely in Order—in discussing the subject-matter of the Bill on the Question to report Progress.
said, they were now discussing whether they should report Progress for the reason that they had not received a distinct pledge from the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) as to the rate of interest. He (Mr. Dodds) had listened in vain for a single word from his hon. Friend to the effect that the Government would consent to reduction spoken of. It had been said that these matters would be dealt with by a Treasury Minute; but nothing had been said as to whether the Government would consent to reduction. If the hon. Gentleman the Secretary to the Treasury would give that pledge he would satisfy the Committee; but with anything short of that the hon. Member for Berwickshire (Mr. Marjoribanks) ought not to be satisfied.
said, he had thought he had given a most distinct pledge that the matter would be dealt with on the Report of the Committee. If he had not absolutely agreed to the figure stated by the Committee, he had, at any rate, stated the figure as near as he could. The only reason he was not in a position to say more was that he had not been able to see his right hon. Friend the Chancellor of the Exchequer that evening. That had probably prevented him from being able to give the exact figure; but he had certainly given a pledge that the matter should be dealt with by way of a reduction of interest. Having, as he thought, given that pledge distinctly, he had felt very much hurt at the remarks of the hon. Member for Monaghan (Mr. Healy).
said, he thought it would be well to report Progress, in order that an opportunity might be given to the hon. Gentleman (Mr. Courtney) to consult with the Chancellor of the Exchequer upon this subject.
said, he considered that the hon. Gentleman the Secretary to the Treasury (Mr. Courtney) had given a conclusive and unquestionable reason why the Committee should agree to report Progress. He had given a pledge that the hon. Member for Monaghan (Mr. Healy) was quite entitled to regard as evasive—namely, that the matter would be dealt with by a Treasury Minute. That might mean that the hon. Gentleman intended to deal with the question according to his own pleasure and fancy. The hon. Gentleman had now altered his statement at the Table, and had declared that he could not give a distinct pledge, on account of the absence of the Chancellor of the Exchequer. It was, therefore, desirable that the Committee stage should not be further proceeded with until the hon. Member had had an opportunity of seeing the Chancellor of the Exchequer.
Question put, and agreed to.
Committee report Progress; to sit again To-morrow.
Saving Banks Acts Amendment Bill.—[Bill 277.]
( Mr. Fawcett, Mr. Courtney. )
Second Reading
Order for Second Reading read.
Motion made, and Question proposed, "That the Bill be read a second time To-morrow."—( Mr. Courtney. )
said, he wanted to know whether the Government intended to proceed with this Bill? This was one of the measures mentioned by the right hon. Gentleman the Prime Minister on the memorable Thursday when he killed nine of his Bills. The right hon. Gentleman had stated that he would not go on with any measure which was seriously opposed. Well, this was a measure against which there was serious opposition, and they should have a distinct understanding whether the Government were going to go on with it. The Go- vernment ought to say exactly what Bills they were going to pass, and what Bills they were going to give up.
said, that one clause in this Bill was very important—namely, the clause enabling the amount to be deposited in the Savings Banks in a year to be increased from £30 to £50. That clause was likely to be opposed, and therefore the Government intended to drop it.
Question put, and agreed to.
Second Reading deferred till To-morrow.
Supply—Report
Resolutions [22nd July] reported.
First Resolution agreed to.
Second Resolution postponed.
Third Resolution agreed to.
Postponed Resolution to be considered upon Monday next.
Motion
Expiring Laws Continuance Bill
On Motion of Mr. HERBERT GLADSTONE, Bill to continue various Expiring Laws, ordered to be brought in by Mr. HERBERT GLADSTONE and Mr. COURTNEY.
Bill presented, and read the first time. [Bill 306.]
House adjourned at half after Three o'clock.