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Commons Chamber

Volume 291: debated on Tuesday 29 July 1884

House of Commons

Tuesday, July 29, 1884

MINUTES.]—SELECT COMMITTEE— Report —Charitable Trusts Acts [No. 306].

SUPPLY— considered in Committee —CIVIL SERVICE ESTIMATES—CLASS III.—LAW AND JUSTICE.

Resolutions [July 28] reported.

PRIVATE BILL ( by Order )— Second Reading —Bristol Corporation (Docks Purchase).

PUBLIC BILLS— Second Reading —Public Health (Ireland) (Districts) [311].

Committee —Burgh Police and Health (Scotland) ( re-comm. ) [296]—R.F.; Revenue, &c. * [300]—R.P.; Supreme Court of Judicture Amendment [307]—R.P.

CommitteeReport —Metropolitan Asylums Board (Borrowing Powers) * [310]; Superannuation * [146]; Expiring Laws Continuance * [306].

CommitteeReportThird Reading —Chartered Companies [304], and passed.

Considered as amended —Infants [308].

Considered as amendedThird Reading —Prosecution of Offences * [287], and passed.

Third Reading —Military Pensions and Yeomanry Pay * [302], and passed.

Withdrawn —Magistrates (Ireland) Salaries * [292]; Shannon Navigation * [201].

Private Business

Bristol Corporation (Docks Purchase)

Second Reading

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."

, in moving to leave out from the word "That" to the end of the Question, in order to add the words—

"This House declines to sanction a Bill which involves the principle of trading by a Corporation, which provides for the sale of Docks to the Corporation of Bristol at an excessive price, which is opposed to the interests of the ratepayers of that city, which is obnoxious to a large number, if not the majority, of those ratepayers, and on which those ratepayers have not had a fair opportunity of expressing their views,"

said, he felt it his duty, in consequence of representations made to him on behalf of a very large number of owners of property and ratepayers in Bristol—a very large number indeed—to try and get the passage of this Bill delayed, in order that the interests of some thousands of persons might be fairly considered. The persons he represented had not yet had an opportunity of having their case considered. Their agent and representative was Mr. Henry Brown, of Bristol, who was the owner of some 20 houses in that city, and ground landlord of 24 more; and Mr. Brown was prepared to show, from his own case, how the rates would be increased by the Bill. It was rather a difficult and complicated matter to deal with. If it had been the practice of the House to present Petitions before proceeding with Private Bill Business, he should have had an opportunity of presenting the very largely signed Petition he held in his hand, bearing the names of more than 15,000 owners of property and ratepayers in Bristol; but by the Rules of the House he could only refer to it in this indirect manner. He believed it was not competent for him to present the Petition then; but if it had been the practice to present Petitions before the time of Private Business, he should have been able to lay this upon the Table, and have it read by the Clerk. The Petitioners were apprehensive that their interests would be very much injured by the provisions of the present Bill. The number of signatures would have been very largely increased, as a great number of ratepayers were anxious to sign the Petition; but, owing to the accident of Mr. Brown now living at Eastbourne, a considerable number of the signatures had been sent there, and were not included in the Petition. Whatever the number of signatures to the Petition was, it should be remembered that the Petition itself followed a much larger one signed by 5,000 or 6,000 of the ratepayers of Bristol, which had been lodged in the Private Bill Office on the 19th of the present month. His objections to the Bill were of a two-fold character. He objected to it first on general principles, upon which point, however, he would not say much, as it was not necessary to do more than simply indicate his belief that it was a very unsound principle for a Corporation to buy up a number of Docks and become a private trading Company. Such action on their part must necessarily amount to undue interference with private enterprize, and certainly was not an economical way of carrying on a trade. He found that in London all the great Dock undertakings were in the hands of private individuals, and even in that wonderful Bill for the government of London, introduced by the Home Secretary, only to be withdrawn, there was no proposition to give power to the Corporation of London to take over the Dock undertakings of the Metropolis. Again, at Liverpool the same principle obtained, and the large Dock interests were kept quite clear and distinct from the business and functions of the Corporation. He knew that, owing to a serious accident, there had been no opportunity yet for the thou- sands of ratepayers of Bristol who were opposed to the Bill to be heard before in Committee. There was an attempt made by Mr. Brown to obtain a hearing before the House of Lords; but that hearing failed, because it was held that he had no locus standi, and that he was really represented by the Corporation, who were the promoters of the Bill. Now, it was quite evident, from what had recently taken place in that House, that it was the tendency of the feeling and wish of the House to give a fuller opportunity to all classes of persons who believed they were injured by a Private Bill to have a locus standi before Committees. Only a week or two ago, the House carried, by a small majority, but still by a majority, a Resolution affirming the principle that such Bodies as a Chamber of Commerce or a Chamber of Agriculture should be entitled to be heard before Railway Bill Committees in reference to a projected railway. Now, whatever value a Chamber of Commerce or a Chamber of Agriculture possessed, it could not be said to be of the same importance or to have the same interests as thousands of ratepayers in a large city like Bristol. Without wearying the House with details which might be somewhat difficult to follow, he would simply say that the present Bill was introduced for the purpose of sanctioning the purchase of no less than four different Dock properties—namely, the Avonmouth Company, the Avonmouth Warehouse Company, the Portishead Company, and the Portishead Warehouse Company. The confusion was made worse confounded by the proposals contained in the Bill for payment by instalments. Nothing appeared to be made quite clear until they came to the amounts that had to be paid. What was it that had to be paid? If they turned to the ninth and tenth pages of the Bill, they would find particulars of the enormous sum that was to be paid by the unfortunate ratepayers of Bristol in order to carry out the designs of the Corporation. Adding up the amounts to be paid to the different Companies by separate instalments, it would be found that they came to the total of £800,000. He altogether objected to these terms, quite apart from the general principle to which he had referred, on the ground that the price was excesive, because these Docks were an utter failure. Hitherto they had not been carried on at a profit; and, so far as the Corporation of Bristol was concerned, he contended that the ratepayers would be required to complete a purchase which would involve a considerable amount of loss. More than that, the people who advocated the buying of these Docks were also the sellers of the property, being holders of shares, and the consent of the Town Council to the purchase had been accorded in a manner that was highly improper. It was quite true that the statutory meeting was held; but the Mayor at that meeting induced the Town Council to leave the matter in his hands. He said, in effect—"Leave it all to me. There are certain difficult matters connected with the business which you will never understand; I can manage the whole matter myself." When the Mayor condescended to give an explanation to a few private friends, they ingenuously confessed that they were no wiser than they were before. The Mayor himself was deeply interested in the transfer, and probably that was the reason why all his proceedings had been shrouded in mystery. He (Mr. Warton) saw both of the hon. Members for Bristol present, and he thought they would not deny that they were also interested, the one to a large extent, and the other to a lesser degree. In fact, many of the would-be purchasers were vendors at the same time; and, therefore, there was no wonder that the matter was pressed before the House as the transfer of the Docks to the Corporation was the only way of saving the undertaking from financial ruin. According to the most common rules of equity, no man ought to be the buyer and the seller at the same time. Regardless of the interests of the ratepayers, the Mayor induced the Council to believe that he alone understood this complicated matter, and the Council acquiesced, although it was true they were given to understand that the annual cost to which the ratepayers would be subjected would only be £900 a-year. But at a subsequent meeting, last Tuesday, the Mayor admitted to the Council that there had been a miscalculation in estimating the expense, and that it would be £8,000 a-year. A meeting was held in May last of the inhabitants; but the agents and servants of the Mayor were able to overpower them by the admission of Avonmouth roughs, who played their part somewhat in the same way as the hired men in the Hyde Park Demonstration last week. Thus the free views of the ratepayers was not heard. In order to show what might be expected if that free view could be heard, he might mention that in reference to the intention of the Corporation to carry out another scheme, having, however, no connection with the present Bill—and he merely gave it as an illustration to show that the Corporation had not the confidence of the ratepayers—the proposal of the Mayor and Corporation was defeated on a poll by 15,000 to 6,000. This afforded ample proof that the Mayor and Corporation did not possess the confidence of the great majority of the ratepayers of Bristol. All he claimed now was that there should be afforded ample opportunity for inquiry. In his opinion, it was eminently a case for inquiry. They were now getting near the end of the Session; time was precious, and the Bill was being pushed forward in a way which prevented it from receiving full consideration. It certainly seemed rather hard that the ratepayers of Bristol should be required to come forward and find out all that was being done within the week. He was satisfied that if the House would allow a full inquiry, and would give the ratepayers an opportunity, in some way, of acquiring a locus standi before the Committee, in order to ventilate the matter free from the hands of the Avonmouth roughs, the House would not consent in the end to pass the Bill. A Petition, largely signed, had already been presented; and he was assured that a very considerable number of ratepayers, who had not yet signed the Petition, were ready to do so. The manner in which the negotiations had been conducted by the Mayor certainly justified the suspicion that things were not altogether as they ought to be, and that, at all events, a considerable body of ratepayers who would be burdened with increased taxation ought to have their case heard. In regard to the price to be paid, he had already stated that these Docks were not worth buying at all; but if the House would analyze the provisions of the Bill they would find that no less a sum than £800,000 was to be paid for them. He contended that such a price was excessive. For the Portishead Dock £230,000 was to be given, added to which was £100,000 recited in the Bill as having been already advanced in some mysterious way by the Corporation, making £350,000 altogether, when, so far as the Portishead Company was concerned, their undertaking might have been purchased for £300,000. It was evident, therefore, that £50,000 were entirely thrown away by the Corporation of Bristol, and that the interests of the ratepayers, which they ought to have protected, had been altogether neglected. He strongly deprecated the manner in which the negotiations had been conducted. It was exceedingly improper for the Mayor to manage everything by himself; no attempt was made to obtain the views of the Town Council before the business was completed. Under such circumstances, it was most objectionable to hurry the Bill through the House, and it was in the interest of thousands of the ratepayers, who were anxious to obtain a locus standi in opposition to the Bill before the Committee, that he submitted this Resolution.

seconded the Resolution.

Amendment proposed,

To leave out from the word "That" to the end of the Question, in order to add the words "this House declines to sanction a Bill which involves the principle of trading by a Corporation, which provides for the sale of Docks to the Corporation of Bristol at an excessive price, which is opposed to the interests of the ratepayers of that city, which is obnoxious to a large number if not the majority of those ratepayers, and on which those ratepayers have not had a fair opportunity of expressing their views,"—( Mr. Warton, )

—instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Question."

said, he had utterly failed in his attempt to discover the ground upon which the hon. and learned Member for Bridport (Mr. Warton) was opposed to this Bill. He was there to express his opinion that a more straightforward transaction had never been submitted to the House of Commons. He represented a city which he ventured to say, without any boast, contained about the usual average of men engaged in trade and commerce to be found in any large town; and as to the reflection cast upon the Mayor, in re- ference to his conduct in this transaction, it was utterly undeserved. The Mayor occupied that distinguished position for the fourth time, having been re-elected without opposition, with a view to carrying out the very scheme with respect to which the sanction of the House was now asked. In 1848, under the provisions of an Act of Parliament, the Corporation purchased the City Docks; and since that period there had been established two large Docks, and there had been carried on for some years a very foolish and a very ruinous competition, by which the trade of Bristol had been seriously affected. Owing to the bitterness of the controversies which it caused in reference to these Docks, it was thought most advantageous that the Docks should be secured under one management. The usual course was followed of calling a public meeting of the ratepayers. He might say that the Council of the Corporation, numbering 64, had, with perfect unanimity, without a division, sanctioned, on two or three occasions, the motions which had been laid before them for the carrying out of this scheme. A meeting of owners and ratepayers had also been called, at which the terms of the purchase were made known, the matter discussed, and the Bill passed in the ordinary way. Any owner or ratepayer could at the meeting have demanded a poll, and a poll was, in fact, demanded by one ratepayer, who was really the Petitioner on this occasion, and who was connected, as he understood, with the Liberty of Property Defence League. [Mr. WARTON: No.] He had had a paper placed in his hands yesterday which was headed "The Liberty of Property Defence League," and it had reference to a Petition to which, no doubt, a number of names had been attached. The Corporation had learnt that the signatures had been obtained to this Petition by canvassers who got so much a hundred for the names attached. It was said that the negotiations which had been carried on by the Mayor were in secret. It was perfectly well known that the individuals engaged in carrying on original negotiations in a matter of this kind must have confidence reposed in them; and he ventured to say there was no man in the City of Bristol in whom confidence had been more largely extended than in the gentleman who occupied the distinguished position of Mayor of Bristol. The meeting at Bristol was almost unanimous upon the question; and the only Petition which had been lodged against the Bill was one bearing a few hundred names, many of which were alleged to be fictitious, in a city of more than 200,000 inhabitants. He sincerely trusted that the House would give the Bill a second reading.

Question put, and agreed to.

Main Question put.

Bill read a second time, and committed.

Earl of Devon's Estates Bill.[Lords.]

Resolution

Motion made, and Question proposed,

"That, in the case of the Earl of Devon's Estates Bill [ Lords ], Standing Order 235 be suspended, and that the Bill be read a second time."—( Sir Charles Forster. )

said, he rose to a point of Order; but he did not know whether, if opposition were raised to a Bill, it would be right to discuss the question then?

If the hon. Gentleman objects to the proposal, the Bill must stand over until to-morrow.

said, that as the Motion had been made, and the hon. Member was desirous of discussing it, it must, as a matter of course, stand over.

That is what I intended to convey to the hon. Member.

Question again proposed.

said, the Standing Order directed that when Notice of opposition was given a Private Bill must stand over until the following day.

asked if it was understood that the Bill would not come on to-morrow?

said, that in the case of the Hull and Barnsley Bill, where a similar Notice was given, it was put down for the next day.

said, he apprehended that it would be competent to move that the Order stand over until Thursday.

The time for making that Motion will be to-morrow, until which day, under the Standing Order, the Bill must now stand over.

Ordered, That, in the case of the Earl of Devon's Estates Rill [ Lords ], Standing Order 235 be suspended, and that the Bill be read a second time To-morrow.

Great Western Railway And Bristol and Portishead Pier and Railway Companies Bill

[ Lords. ]

Resolution

Motion made, and Question proposed,

"That, in the case of the Great Western Rail, way and Bristol and Portishead Pier and Railway Companies Bill [ Lords ], Standing Orders 211, 236, and 237 be suspended, and that the Committee on the Bill have leave to sit and proceed upon Thursday next."—( Sir Charles Forster. )

said, he thought that a longer time ought to be given for the consideration of the Bill. It was all very well for the hon. Member for Bristol (Mr. S. Morley) to say that it was satisfactory to the Body which he represented. The hon. Member, in regard to a previous Bill, made a comparison between the population of Bristol, which was over 220,000, and the 5,000 or 7,000 ratepayers who petitioned against it. The comparison, however, was scarcely fair, because the inhabitants of the city included women and children; and it was a well known fact that when a poll was taken upon a recent occasion 15,000 ratepayers were on one side, and 6,000 on the other. It was, therefore, only fair to assume that the persons who occupied the position of ratepayers in the City of Bristol did not exceed 21,000 or 22,000, and out of that number 6,000 to 7,000 had already shown that they were in opposition to the Bill. Therefore, to say that the question they were dealing with affected 220,000 persons, and that the number who wished to be heard in opposition was consequently very insignificant, was hardly a fair comparison; and, in order to afford further time for the consideration of the matter, he would move that the Committee upon the Bill be not proceeded with until Monday next. He strongly objected to the wholesale suspension of Standing Orders in order that a Bill should be proceeded with which proposed to effect a purchase contrary to the interests of the ratepayers.

Amendment proposed, to leave out the word "Thursday," in order to insert the word "Monday,"—( Mr. Warton, )—instead thereof.

Question proposed, "That the word 'Thursday' stand part of the Question."

wished to make an appeal to the House. It would be fatal to the measure if this postponement were to take place; and he must, therefore, resist the Amendment of the hon. and learned Member.

thought that the rule which had been followed in the Hull and Barnsley case ought to be followed in this instance. This was a case of emergency; and, as the Bill was opposed, the further hearing ought to be deferred until to-morrow.

Question put, and agreed to.

Main Question put.

Questions

Questions

The Congo River—International Commission

asked the Under Secretary of State for Foreign Affairs, What progress has been made in regard to the proposed International Commission for the Lower Congo; and, whether, with regard to the Upper Congo, Her Majesty's Government is prepared to recognize the International Association under the presidency of the King of the Belgians?

Some further communications of a confidential character have passed in regard to the proposed International Commission. Her Majesty's Government have not decided to take any step to recognize the International Association.

Would the noble Lord inform the House whether it is true, as has been stated, that the right of pre-emption of the territory under the control of the Association was offered to Her Majesty's Government in preference to France?

I think any Question in regard to the pre-emption in regard to France had better be put on the Paper. If the hon. Baronet puts it down for Thursday, I shall endeavour to answer.

Africa (South-West Coast)—Angra

asked the Under Secretary of State for the Colonies, Whether he can now state the result of the communications with the German Government as to territorial rights and jurisdiction at Angra Pequena; whether it is intended to allow the annexation of that to the Cape Colony; and, whether, as Papers have been presented in the Cape Colony bringing up the Correspondence to 29th May 1884, Papers, including the Correspondence with the German Government, cannot at once be presented to the House?

After careful consideration of all the communications which have passed, and of all the circumstances of the case, Her Majesty's Government have come to the conclusion that, in view of the definitions which have been publicly given by them of the limits of the Cape Colony, they cannot contest the claim of the German Government to afford protection to German subjects who have established themselves at Angra Pequena under concessions from Native Chiefs, though no doubt can be entertained as to Wallfish Bay and the islands adjacent to Angra Pequena being British. It is agreed, therefore, that the German Government shall protect German subjects who have acquired concessions or established themselves as traders at Angra Pequena; and the German Government have been invited to concur in appointing a Joint Commission to deal with claims of British subjects who have previously acquired concessions. It is proposed that the coast between the Orange River and the Southern Portuguese boundary, including the British settlement at Wallfish Bay, shall be brought under the control of the Cape Government; but this control will not be exercised within the territory at Angra Pequena, which will be under German protection. Papers are being prepared, and will shortly be ready; but it is advisable that they should include the Resolutions of the Cape Parliament and other Correspondence now on its way to this country, which will only be received in a few days.

Does German protection mean formal annexation and the hoisting of the German flag, or merely German protection of German subjects?

As at present assented to by the German Government, it is merely German protection.

Land Law (Ireland) Act, 1881

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the small number (eighty-nine) of applications for loans under Clause 19, Land Act, 1881, for the building or repairing of labourers' cottages, whereas the number of orders made by the Sub-Commissioners up to August 1883 are two hundred and sixty-eight; and, whether he will cause a Return to be furnished by the Local Government Board, showing the number of orders received by each Board of Guardians and the steps taken to carry them out?

The tenants can build labourers' cottages either with their own money or with money borrowed from the Board of Works. It, therefore, does not follow that the Sub-Commissioners' orders have been obeyed only in those cases in which loans have been applied for. It is the duty of the Sanitary Authorities, under Section 11 of the Labourers' Act, to enforce compliance with these orders. The steps taken by each Board of Guardians to put in force the powers vested in them by that section can only be accurately ascertained by calling for Returns from each Union; and the Local Government Board have no objection to obtain such Returns if they are ordered by the House.

IRISH LAND COMMISSION (SUB-COMMISSION No. 8)–Lay Commissioners at Monaghan

asked the Chief Secretary to the Lord Lieutenant of Ireland, Did the lay members of No. 8 Commission, who left their lodgings in Monaghan on Saturday the 5th July 1884, and went to sojourn at Lord Rossmore's hotel, managed by the estate bailiffs, while cases on the estate were being tried, do so without making application elsewhere; did they continue to remain there, con- trary to the advice of their chairman, Mr. Foley, up to the 8th July, he remaining at lodgings; did the Lay Commissioners go back to Lord Rossmore's hotel on the 15th July, although their chairman returned to the former lodgings; did the latter inform them there was accommodation for all, and, in spite of his request that they should leave, did the Lay Commissioners refuse to do so; did the Commissioners adjudicate on a large number of cases on Colonel Lloyd's, the Westenra, and Lord Rossmore's estates, after they went to sojourn in Lord. Rossmore's hotel; is the Government aware that their decisions are most unsatisfactory to the tenants; and, are any of these gentlemen to be re-appointed after the 31st of August?

I fear I have no means of ascertaining the facts as to all the details which the hon. Member asks for in the earlier paragraphs of this Question. The Chairman of the Sub-Commission reports as follows with regard to them:—

"The communications which passed between me and my colleagues on the matter of their sojourning at Lord Rossmore's hotel were purely of a private nature, and I will not answer any inquiries in reference to them. Mr. Healy inquires whether, during the sojourn at that hotel, the Sub-Commissioners adjudicated on a large number of cases on Colonel Lloyd's, the Westenra, and Lord Rossmore's estates. On referring to the printed list, I find the numbers are—on Colonel Lloyd's estate, one; on Lord Rossmore's eight; and on the Westenra, about 41. Whether the decisions were satisfactory or the reverse the Commissioners have not heard."

In reply to the last paragraph of the hon. Member's Question, I may say that the list of gentlemen which I read to the House a few days ago as having been selected for re-appointment did not include the names of any of the gentlemen who constituted. No. 8 Sub-Commission.

Crime and Outrage (Ireland—Attack on the Resident Magistrate, Co. Sligo

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that a train, conveying members of the Loyal Orange Institution, on the 12th instant, from Newry to Ballyroney, was fired into whilst passing through a Roman Catholic district, known as Tullyorien, near Banbridge; and, whether any, and, if so, what steps have been taken by the police with a view to discovering the perpetrator of the above outrage?

I am informed that the facts are that several shots were fired from a considerable distance at a special train leaving Banbridge for Ballyroney after the sham fight at Scarva, on the evening of the 14th July. One bullet entered a carriage; but, fortunately, no one was in the compartment. A number of Orangemen were in the train. The locality is a Roman Catholic one. The police have made very minute inquiries; but they have not succeeded in getting any information which would enable them to take action. Shots had been fired by Orangemen from a train in this locality on the 12th, and the shots on the 14th are supposed to have been fired in retaliation. It is right to add that it is not known that the shots fired from the train on the 12th contained bullets.

Ireland—Orange Processions—the 12th of July Celebrarions—Orange Arch, Glenarm, Co. Antrim—

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been drawn to a letter which appeared in The Belfast News Letter on the 23rd instant—

"The Arch at Glenarm—Sir, We, the owners and occupiers of the two houses from which the Orange arch was suspended on 12th July last, are very much surprised at the reply given by the Chief Secretary to Lord Arthur Hill in the House of Commons last night.

"We beg to give the statements therein made the fullest and most emphatic contradiction. No arch was ever erected there against our will, nor was there ever any disturbance in Glenarm in connection with an arch.

"We are prepared to make affidavits to this effect.

"In to-day's issue of Morning News we see that Mr. Sexton insinuated that the arch was attached to the house of the parish priest. All we can say in reply to this is that neither of us is a parish priest.

"(Signed) JOHN COBAIN,

"WILLIAM HUNTER;"

and, whether he still adheres to the statement which he made on the 22nd instant, or whether he proposes to modify it in any manner?

The further inquiries made in this matter do not necessitate any material alteration in what I said on a former occasion. Before the original Report was submitted to me, the Head Constable of the district had made personal inquiries at the houses of both John Cobain and William Hunter, and had learned from the wife of the former that no permission had been asked to erect the arch; and from the latter, that, when asked, he had refused permission for its erection. It is now alleged that it was his wife who had refused the permission. With regard to the suggestion that the house of the parish priest was not concerned in the matter, the facts are that the arch was attached on one side to a pipe which runs down between the houses of the parish priest and John Cobain, and was stretched across the street at an angle in front of the priest's windows, being fastened on the opposite side to a pipe on Hunter's house. I was correctly informed that a disturbance occurred in connection with an arch erected in this place on a former occasion. The circumstance took place in 1878, and a repetition of it on this occasion was apprehended.

asked whether the arch was not within two feet of the parish priest's window?

Poor Law (Ireland)—Election Of Guardians—Inquiry at Cootehill, Co. Tyone

asked the Chief Secretary to the Lord Lieutenant of Ireland, Is it the fact that, at the Cootehill 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?

:I have already more than once answered the Question as it stands on the Paper; but I presume that what the hon. Member desires to know is what view is taken of Mr. Montgomery's explanation. The Attorney General advised me yesterday that it is not satisfactory, and that he would give such directions as he may think proper for the enforcement of the law. I have, however, this day received, through the hon. Member for the County of Tyrone, a further statement from Mr. Montgomery on the subject, which I shall forward at once to the Attorney General. Whether or not it will modify his view of the case I cannot at present undertake to say.

I think the best way to ascertain the facts is to try them in a Court of Law.

Ways and Means—Inland Revenue Department—Light Sovereigns and Half-Sovereigns

asked the Secretary to the Treasury, If, for the convenience of the public, he will direct written notices to be affixed in various parts of the Inland Revenue Department at Somerset House, informing persons who come there to make payments in gold, that they will be mulcted for any deficiency of weight in the sovereign and half-sovereign?

I am told that a printed notice to the effect suggested by the hon. Baronet is already affixed to every desk in Somerset House at which money is received.

Public Health—Vaccination—The Dewsbury Guardians

asked the President of the Local Government Board, Whether the stipulation proposed by the Dewsbury Guardians on the appointment of a public vaccinator, that he should "guarantee children from any injury from vaccination, and accept the responsibility of any injuries that might arise from his vaccination of any person," will be sanctioned by the Department?

As regards the function of a public vaccinator, he is bound to obey rules which are sufficient to prevent any but a very minute risk of injury to any vaccinated person; and the Local Government Board consider that such an official ought not to be called on for more than a due observance of those rules.

I understand, then, that the public vaccinator cannot guarantee children from any injury, and cannot accept responsibility for injuries.

[No reply.]

Industrial Schools (Ireland)—Tipperary Grand Jury, South Riding

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that the Tipperary Grand Jury, South Riding, have persistently declined to contribute towards the support of children from that county in industrial schools?

The Inspector of Reformatory and Industrial Schools informs me that the Grand Jury of the South Riding of Tipperary have never, so far as he is aware, contributed to industrial schools. It has been recommended by the Royal Commission that such contributions from local rates should be made compulsory; but this would, of course, require legislation.

Literature, Science, and Art—The Royal Academy

asked the First Commissioner of Works, Whether it is a fact that the annual value of the premises occupied by the Royal Academy, at the public expense, at Burlington House, may be estimated at £7,000 a-year, or what is the estimated annual value of the said premises?

, in reply, said, that the value of the land and buildings handed over to the Royal Academy in 1866 was £84,000. They were transferred for a term of 999 years at a nominal rent. Since then the Academy had made large additions to the buildings, by adding a storey and a gallery, at their own cost.

Army—Military Pensioners—Competition for the Civil Service

asked the Secretary of State for War, Whether it is a fact that Military pensioners are not permitted to compete with civilians for an appointment in connection with the War Office Department; and, if so, whether he will consider the advisability of altering the Warrant, so as to enable pensioners to compete for such appointments?

Not only are pensioners not excluded from competition for offices in the Civil Service, but they are protected from exclusion under the limits of age by being allowed to deduct from their actual age at the time of competition the period they have passed in the Military Service.

Straits Settlements—The Rajah of Tenom—Crew of the "Nisero"

asked the Under Secretary of State for Foreign Affairs, Whether the Dutch Government continues to make it one of the conditions of its joint action, that the Rajah shall give in his submission to Holland as his lawful suzerain, thereby using the affair of the Nisero as a lever for securing what it has vainly sought for years to gain by force of arms; and, whether it is the case that the Government are prepared to embark in joint Military action with the Dutch, in face of the view of the Governor of Singapore that only a compromise between the Dutch and Acheenese can save the loss of the crew of the Nisero, and without obtaining the opinion of our competent officers on the spot as to the wisdom and sufficiency of the contemplated action?

The Rajah some years ago signed a formal submission to the Netherlands Authorities; and, as may be seen from Mr. Maxwell's Report (page 8, Netherlands, No. 1), the Netherlands Government have now made it one of the conditions of their re-opening the ports to trade, and thereby putting an end to the state of things which has been the cause of the seizure of the crew of the Nisero, that the Rajah should cease from his rebelhon. The blockade, as I have already explained, was a belligerent measure adopted by the Dutch; and unless Her Majesty's Government were prepared either to have had recourse to naval action so as to put an end to it, and thereby enforce their own views, or to have violated Dutch territory by sending an armed expedition into the interior without the consent of the Netherlands Government, no other course was open to them but that now adopted, which is the most likely to succeed—namely, to act in concert with the Netherlands Go- vernment on terms mutually agreed upon. The projected action is taken on the full responsibility of the Home Authorities. The projected arrangement is in the character of a compromise, as the Dutch undertake, in the event of the surrender of the crew and the submission of the Rajah, to open the ports, and keep them open, and also to pay the Rajah a sum of money. I trust that, all the principal points for which the Rajah has been contending having now been practically conceded to him, the prisoners will be released, and Her Majesty's Government will be spared the necessity of having recourse to the only alternative which will then be left to them—namely, a joint armed expedition to effect their release by force, and punish the Rajah.

Abyssinia—Concession Under The Treaty of Adowa

asked the Under Secretary of State for Foreign Affairs, Whether, by Articles II. and III. of the Treaty of Adowa of 3rd June 1884, concluded between Admiral Hewett, on behalf of Great Britain and Egypt, and King Johannis of Abyssinia, Kassala, Amedib, and Sanhit are, after the 1st of September of this year, to be ceded to King Johannis; whether Kassala, Amedib, and Sanhit did not become the property of Turkey after their conquest by Mehemet Ali and the subsequent Treaty of 1840; and, whether the Porte was consulted by Her Majesty's Government prior to the conclusion of the present Treaty, and consented to relinquish its rights over the above-named places in favour of King Johannis?

asked the Under Secretary of State for Foreign Affairs, Whether Article III. of the Abyssinian Treaty, by which the King of Abyssinia engages to facilitate the withdrawal of the Khedive's troops from the Soudan, means that he is to allow these troops to pass through his territory, or whether it contemplates his sending an army into the Soudan?

Neither Kassala nor Amedib has been ceded under the Treaty. On and after the 1st of September the disputed territory called the Bogos country, in which Sanhit is situated, is to be restored to Abyssinia. The respective claims of Egypt and Abyssinia to the Bogos country have been a matter of dispute between Egypt and Abyssinia for many years, and there is nothing to show that it ever formed part of the territories comprised in any of the Firmans; and it was, therefore, not necessary to consult the Porte. My hon. Friend the Member for Carlisle (Sir Wilfrid Lawson) will see by the text of the Treaty that the Third Article only contemplates facilities being afforded for the passage of the Egyptian troops through the territory of King John; but if he will refer to Abyssinia, No. 1, 1884, page 6, he will find that Sir William Hewett believes the King to intend to take possession of Kassala and Amedib upon the retirement of the Egyptian garrisons.

Post Office (Scotland)—Postal Facilities in Lewis

asked the Postmaster General, If his attention has been called to the want of postal facilities in the district between Loch Erisart and Loch Shell in Lewis, where, with a population of over 1,500, there is no postal communication of any kind; and, if he will consider the possibility of opening a Post Office at some convenient point?

My attention has not been previously called to the postal deficiency referred to; but I will make inquiries and communicate with the hon. Member.

Church of England—The English Church at Vienna

asked the Under Secretary of State for Foreign Affairs, By what right the Foreign Office appropriated a church in Vienna, which was paid for by the British residents in that city, and whether he will see that it be handed back to its real owners; and, whether he is aware that this church is at present closed, as the Chaplain of the Embassy has left Vienna on a holiday without making any provision for the services of the church to be conducted during his absence?

The Foreign Office has not appropriated a British church at Vienna. The funds for building the church referred to were raised by public subscription. The property is not vested in Her Majesty's Go- vernment, but in the Bishop of London and his successors, with the consent of the British residents at Vienna who were subscribers to the church fund. The building was placed under the control and jurisdiction of the British Ambassador in 1875, in order to remove difficulties caused by the fact that the Church of England form of worship not being one of those recognized by Austrian law the services would have been illegal. It is presumed that the Chaplain, if he is absent, has proceeded on leave of absence; but Her Majesty's Ambassador at Vienna has not reported his departure or the closing of the church.

I would like to ask the noble Lord if the Chaplain referred to is the same as the Chaplain at Vienna, to whom we vote every year £300 in the Estimates?

That is quite correct. That Chaplain has an annual holiday, and he is taking that holiday now.

Foreign Office—Frontier Regulations on the Continent

asked the Under Secretary of State for Foreign Affairs, Whether, for the benefit of those travelling or about to travel on the Continent, he will direct Her Majesty's Diplomatic and Consular Agents abroad to keep the Foreign Office informed of all regulations affecting passengers, which are temporarily ordered by Foreign Governments at the Frontiers of their respective States, and make public the same through the medium of the Press?

The regulations referred to by the hon. Member are supplied regularly by Her Majesty's Diplomatic and Consular Agents abroad, and are at once published by the Board of Trade in The London Gazette.

Law and Police (Ireland)—The Arrest of Mr. Chance

asked the Chief Secretary to the Lord Lieutenant of Ireland, What course he intends to take with the policeman who arrested Mr. Chance, solicitor?

:The Commissioner of Police reports as follows:—

"Owing to threats by letter and otherwise Alice Carroll has been under police protection since the Phœnix Park trials. Yesterday, be- tween 2 and 3 o'clock, Constable 79 D saw two men, strangers to him, go into the house of Alice Carroll. The girl's father said they were strangers, and remarked to the constable that they might not be after any good. Mrs. Carroll then came out of the house, and told the constable he need not be uneasy as the two men inside were police-constables of the F Division, and they were joking Alice about Constable Fanners, of that division, who had formerly been a sweetheart of hers. The constable remained outside the door, and in a few minutes Mrs. Carroll again came out and appeared frightened, saying that the two men were questioning Alice in the room alone with them, and that the questions were about Mr. Bolton. Mrs. Carroll then called Alice to come out of the room, and on her coming out Alice spoke to the constable. She said she was afraid the two men were not up to any good, that at first they had told her they were sent by Mr. Mallon to make inquiries, but that they now denied it; also that they had been asking her about Mr. Bolton, and that she knew nothing about Mr. Bolton. Jane Carroll, sister to Alice, then also came out, and said the men were not there with any good intention. 149 D came up, and he accompanied 79 D into the house. On going into the room in which the two men were, the man who was afterwards identified as Mr. Chance said, 'What do you want?' The constable replied that he wanted to know his (Chance's) business there, as the family were afraid of him. Mr. Chance said they need not be afraid, as he was making inquiries. The constable asked his name, and Chance gave his name as well as that of Meiklejohn. The constable said they must come to the station-house until inquiries would be made as to their identity. Mr. Chance replied he could not go unless he was arrested. The constable said he must bring him to the station, and did so. On coming to Mountjoy Station Mr. Chance gave his name, and being recognized by a sergeant was at once released. Mr. Chance asked to have a charge preferred against him, but the constable replied that as the name and address given were correct he had no charge against him. On coming into the Carroll's house Mr. Chance and Meiklejohn distinctly stated that they got the address from Mallon, and that he had sent them; but afterwards, on Alice Carroll's saying she would go and see Mr. Mallon herself, Mr. Chance told her not to imagine that they had come from Mr. Mallon, that their names were Chance and Meiklejohn, and that they were making inquiries about Mr. Bolton. They did not get the length of asking many questions about Mr. Bolton before the constables came in. The entire circumstances under which this inquiry was attempted to be carried out by Mr. Chance were so extraordinary, and so unusual in a professional way, that it was not very surprising to find the suspicions of the constable aroused."

No; it is all part of the Report. [Resumes reading.]

"I think the constable's action was justifiable under all the circumstances."

This Report is signed by Mr. Harrel, Chief Commissioner of Police.

My Question was not addressed to Mr. Harrel, but to the right hon. Gentleman himself. I wished to know from the right hon. Gentleman 'what course he himself intends to take?

In the case of a person who is under police protection, and who, with her family, are in great danger of annoyance and intimidation, I must say that, when two persons go in and represent themselves—I am now making the case given by the police—when two men represent themselves as detectives and sent by the head of the Detective Force, and then afterwards allow that they were not sent, I think a person in that position has a perfect right to appeal for protection to the police, and I think the police should afford that protection. [Ministerial cheers.]

As the right hon. Gentleman has secured the applause of the House by that statement, I would ask him whether it does not rest solely upon the testimony of two policemen incriminated in this matter? I would ask him whether any application has been made to Mr. Chance and Mr. Meiklejohn for their version; and whether he is now content to leave the matter of this arrest of two persons carrying out an investigation against a Government official simply upon the statement of two policemen who have committed the crime of false imprisonment?

As I stated before, what passed in Mrs. Carroll's house is not in question. The question is what the Carrolls told the policemen which induced the policemen to go in for the purpose of taking measures to protect them.

If I am to understand from the Government that they will take no steps whatever— [Cries of "Order!"]—I am quite in Order in this matter—I will call attention to the subject on the Vote for the Dublin Metropolitan Police.

Have any policemen in Ireland a right to take into custody any individual, and then refuse to enter a charge against him? [Cries of " Answer!"] Did the right hon. Gentleman give any authority to policemen to take any person into custody, and then to refuse to enter a charge against him?

That is a Question of which I would prefer Notice. If there are suspicious circumstances against a man who is stated to have given a false name to a person who demands protection, and he is arrested, when he gives his true name he should be released.

Will the right hon. Gentleman read the Report again, and say where—["Oh, oh!"]—well, the right hon. Gentleman has insinuated that Mr. Chance gave a false name. According to the statement read by the right hon. Gentleman, Mr. Chance, when asked his name, gave it on two occasions. I wish to ask is that the fact?

Perhaps the hon. Gentleman will treat me with the courtesy I always show him. I made no insinuation about a false name; but the statement certainly of Alice Carroll and her sister, which was conveyed to the policeman, was that these men had stated they were detectives sent by Mr. Mallon. "False name" would not be a correct expression to use; but they began by saying they were detectives sent by Mr. Mallon. Afterwards they gave their real names. When they had given different accounts of themselves it was only natural the police should arrest them.

Irish Land Commission (Sub-Commissioners)—Glebe Lands of Drumcree, Co. Armagh

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the fact that the Land Commissioners have, in the case of the Glebe Lands of Drumcree, county Armagh, reduced, by 18 per cent., rents proved to have been unchanged since 1827, and, subject to which, tenants were proved to have, even so lately as 1880, given 12 10 s. per acre for the tenant-right; whether said lands were purchased from the Church Commissioners by the present owner, Mr. Law; whether the rental furnished by them showed the old rents; and whether the valuation made by the Commissioners' valuator, Mr. M. O'Brien, to give the tenants the benefit of the clause in the Church Act in their favour, placed nearly twenty-four years' pur- chase on said rents, and thus represented them as moderate rents; and, whether the Government are prepared, out of the Irish Church surplus, which got the benefit of the price produced by the Commissioners' representations, to refund Mr. Law the proportion of the purchase-money so obtained from him by such representations?

This Question is on the Paper without Notice, and it cannot be answered without reference to the Sub-Commission sitting in the county of Armagh.

Contagious Diseases (Animals) Acts—Cattle Importation from Ireland

I beg to ask the Chancellor of the Duchy of Lancaster, Whether it is true that, at the reception of a deputation which waited upon the President of the Council and himself on Friday, and which was composed of gentlemen interested in the importation of cattle from Wyoming, it was stated by Lord Wenlock that the English graziers ran constant risk by the importation of diseased cattle from Ireland; whether this statement was allowed to pass without contradiction; whether he was aware of a Parliamentary Return recently issued, in which it is shown that in 1879 only 64 cases of foot-and-mouth disease existed in Ireland; that in 1880, 1881, and 1882 the country was free from disease, and that in 1883 the number of cases amounted to 114,502; and, whether, having regard to the fact that for three years Ireland has had clean bill of health, and that in 1883 it was well known that foot and mouth disease were introduced into the island by a bull imported from England, and bearing in mind that that outbreak was speedily stamped out, and that there has not been for some months a case of foot and mouth disease in Ireland, he will take steps to remove the impression that English farmers have reason to fear the importation of Irish cattle, which his silence with regard to Lord Wenlock's statement might foster?

I rise, Sir, to a point of Order. The hon. and gallant Member states in his Question that the deputation which waited upon the President of the Council and the Chancellor of the Duchy of Lancaster, on Friday, was composed of gentlemen in- terested in the importation of cattle from Wyoming. Now, that deputation,'as I have reason to know, consisted mainly of Members of this House. I wish, therefore, to ask you, Sir, whether the hon. and gallant Member is not called upon to take steps in order to remove an erroneous impression?

I understand the hon. Gentleman to object to the recital in the Question on the ground that it seems to imply that the deputation had a direct interest in the matter?

I have no doubt that the hon. and gallant Member will amend the recital in that respect.

I have no wish to convey an impression that the deputation had any direct personal interest in the matter.

I do not know the precise words used by Lord Wenlock; but the question under discussion was the risk of the introduction of pleuropneumonia into this country if cattle were admitted from Wyoming. It is, of course, possible that in referring to the risk of importation of disease from Ireland, the noble Lord may have had foot-and-mouth disease in his mind as well as pleuropneumonia. It is obvious that the risk of the introduction of disease from one part of the United Kingdom to another is greater than from a foreign country, because animals from abroad are inspected at the port of landing, and if one be found diseased the whole cargo is slaughtered. I believe that Ireland was free from foot-and-mouth disease in 1880, 1881, and 1882, and that in 1883 it unfortunately prevailed to a considerable extent, as mentioned in the Question. Ireland was officially declared free from it in April last, and since the end of that month no case of it was brought to our knowledge till a few days before the deputation. I regret to say that on the 18th instant, an outbreak took place in the county of Meath, two animals being affected out of a herd of 11. The whole number were, however, slaughtered by order of the Local Authority, and I hope that no further cases will occur.

Egypt—The Army of Occupation (Reinforcements)

asked the Secretary of State for War, Whe- ther a second regiment has been despatched to Assouan; and, whether fresh troops have been ordered to Egypt?

I have not been informed by General Stephenson that another battalion has been despatched to Assouan. No other troops have been ordered to Egypt since I gave an answer on the 17th of the month.

inquired whether the noble Marquess was aware that half a battalion had been ordered from Cyprus to Egypt within the last 10 days, and whether the 56th Regiment was under orders to proceed from Cairo to Assouan to-morrow?

I am aware that there is a transfer of troops from Cyprus to Egyptian and other stations, but I cannot give details. It is not an absolute increase of the Force in Egypt. As I stated, I have not been informed by the General Officer Commanding in Egypt whether he has ordered another battalion to Assouan.

Egypt—(Events in the Soudan)—General Gordon

asked the Under Secretary of State for Foreign Affairs, Whether General Gordon, in the message alleged to have been received through the Mudir of Dongola, stated that he would on no account desert those whom he went out to rescue?

The message, as far as Mr. Egerton has communicated it, contains no statement of the kind.

asked whether Her Majesty's Government had considered the advisability of sending out a General Officer of superior rank to General Gordon to bring him home?

[No reply.]

Navy—Dockyard Factory Department—Compulsory Retirement

asked the Secretary to the Admiralty, Whether he has now considered the Petition of the hired men of the Factory Department, praying for extension of time for compulsory retirement?

The present rule is that all classes of workmen in the Dockyards should be retired at the age of 60. This rule is only relaxed in exceptional eases. It has not yet been decided whether any further relaxation of the rule is desirable.

Industrial Schools (Ireland)—Number of Children Chargeable to Corporation of Cork

asked the Chief Secretary to the Lord Lieutenant of Ireland, If he can state how many children, male and female, distinguishing Catholics from Protestants, in industrial schools in Ireland, are partially chargeable to the Corporation of Cork; and. whether he is prepared to alter the certificate of the Greenmount School, so as to enable the managers to accommodate 50 additional boys?

Sir John Lentaigne informs me that, according to the latest Returns, dated June 30, there were on that date 444 children in industrial schools who had been committed from Cork Police Court. Of these, 132 boys and 200 girls were Roman Catholics, and 67 boys and 45 girls were Protestants. The Government cannot hold out any hope at present of enlarging the certificates of industrial schools.

Post Office—The Telephone

asked the First Lord of Treasury, Whether he is aware that the late Government, by Clause 3 of the Telegraph Bill, 1878, as brought from the Lords, sought to obtain control over the telephone by an extended definition of the word telegraph, within the meaning of the original Telegraph Act; whether he is aware that the Journals of this House show that, on the 12th of August, the Commons "disagreed to the said Clause;" whether the Government have, ever since, invited the House to reverse or reconsider that expression of opinion; whether he is aware that, although the House had thus refused to give to the Post Office control over the telephones, the Department obtained a legal decision on a technical point, to the effect that a telephonic message was a telegraphic message within the meaning of the Act of 1869, although at the time the Act was passed the telephone was not in existence; and, whether he is aware that since that date the Post Office has levied a tax upon the use of the telephone, and has imposed constantly increasing restrictions, eventually amounting to practical prohibition of its use for exchange purposes?

This Question refers more to a Treasury matter, and would be more correctly addressed to my right hon. Friend the Chancellor of the Exchequer. I have made inquiry on the subject, and I find that it is true that a certain clause in the Telegraph Bill of the late Government was disagreed to by the House of Commons. Objection has been taken to the sufficiency of the present law. The hon. Gentleman asks me whether a legal decision was not obtained by the Department on a technical point? According to the advice which the Government have received, the judgment was by no means on a technical point, but upon a substantial matter, and it was to the effect that the Crown was in possession of a certain right by the existing law. That being so, it was the absolute duty of the Department to assert that right. But with regard to the last paragraph of the Question, whether—

"Since that date the Post Office has levied a tax upon the use of the telephone, and has imposed constantly increasing restrictions, eventually amounting to practical prohibition of its use for exchange purposes?"

I am not prepared to say what the proper decision to arrive at may be; but the Postmaster General is seriously engaged in considering whether he can, in justice to the Crown and the country, introduce relaxations into the rules now in force.

The Suez Canal

asked the First Lord of the Treasury, What results have been arrived at in the matter of the Suez Canal negotiations, with the view of providing the requisite increased accommodation for British trade to the East through the Isthmus of Suez; and, whether the widespread dissatisfaction at the overcharges and general mismanagement, expressed last year at a meeting representing upwards of three million tons of British shipping, against M. De Lesseps and his agents, and brought under the notice of the Government, has induced the Government to take any steps in furtherance of the interests of British trade and commerce in respect of the waterway of the Canal?

I am under the impression, from seeing this Question, that my right hon. Friend is not aware of what has taken place in this House upon the subject. This Question repeats, in the main, the substance of a Question put to me on the 23rd of June by the hon. Member for Bedford (Mr. Magniac), and then answered. But, briefly stated, the answer is this. In pursuance of the Articles of Agreement entered into between M. do Lesseps and the representatives of the shipowners, a Commission was appointed, consisting of engineers, naval men, and shipowners, to examine and report on the best method to be adopted to carry out the objects in view. That Commission appointed a Sub Commission which was to visit—and, I believe, has visited—the Isthmus, and it will prepare a Report on the subject for the consideration of the Commissioners. With respect to the latter part of the Question, the Agreement between the Suez Canal Company and the shipowners provides for a large reduction of the dues levied in the Canal, besides securing ultimate advantages of great importance to the interests of British trade and shipping.

The Royal Irish Constabulary (Numbers)

asked the Chief Secretary to the Lord Lieutenant of Ireland, If he will state to the House what is the number of officers and men in the Constabulary Force in Ireland permitted to be wholly chargeable to the Consolidated Fund, under the Acts regulating the same; what is the number of officers and men wholly paid for out of moneys to be provided by Parliament for the year ending the 31st March 1885; what is the number of extra officers and men, the moiety of whose cost is charged upon the ratepayers for the same year; and, the number of additional officers and men whose cost, or a portion thereof, is charged upon the ratepayers for the same year, under the provisions of the Crimes Act?

:The total number in the Constabulary Force in Ireland which may be charged to Votes of Parliament, if the Lord Lieutenant so fixes, in the quinquennial redistribution, is 280 officers, 350 head constables, and 10,006 sergeants and constables. This maximum limit, it is to be observed, is permissive, and not a right. The total number of officers and men wholly paid for out of moneys to be provided by Parliament in the current financial year, is 269 officers, 268 head constables, and 9,469 men, exclusive of Revenue force and reserve, and these, I suppose, are some 500 men. The extra force, the moiety of which will be charged for portion of the year, is under Section 12 of the Act 6 & 7 Will. IV., under Section 13, 2,383, under Section 12, 561. There is also an extra force in Belfast and Derry of 365. The number charged under the Crimes Act is 195. The numbers under Section 13 of the Act of 6 Will. IV. and under the Crimes Act, have been greatly reduced since this estimate was framed. They now stand at about 1,870 and 30 respectively.

Literature, Science, and Art—The Royal Academy

asked the First Lord of the Treasury, with reference to his recent statement that he was awaiting a communication from the Royal Academy, Whether he is now in a position to state when the promised Returns will be laid upon the Table? He should like to say in explanation that, although this Question had been repeatedly on the Paper, it really appeared that the Academy were shirking from giving the information which he had asked for in continuation of the Returns which had been already laid on the Table.

I am bound to say that, in my opinion, the view which my right hon. Friend has expressed is wholly without foundation. The Academy is, to a certain extent, and, I think, justly, jealous of that degree of independence which has been established for it by its history and its relations with the Crown; and I do not believe that the House of Commons has the slightest inclination to interfere with that qualified independence, or to substitute a different description of relations, or to place a great Institution, which stands now apart, under Parliament, as if it were an ordinary Department. With regard to the communication which I am waiting from the Royal Academy, the matter stands thus. I believe it would have been possible to have secured the completion of the communication in time to be laid before Parliament during the present Session if the current year had been excluded from the Return; but the President communicated to me that he thought it would be very unsatisfactory to Parliament to have this year excluded, and, consequently, it will not be possible to make the statement complete during the present Session. Therefore, it cannot be laid on the Table before the Prorogation. The communication when made will contain all the particulars which have been given in any former Return or communication.

Parliament—The House of Lords and The Representation of the People Bill

asked the First Lord of the Treasury, Whether, in view of the frequent statements throughout the Country of the Conservative Leaders, that the House of Lords has not thrown out the Franchise Bill, the Government will again move the Second Reading of the Bill in the Upper House, and give to their Lordships another opportunity to vote on that measure before the end of the Session?

I believe that my hon. Friend is correct in his reference to statements to the effect that the Franchise Bill has not been thrown out by the House of Lords, although I find that in a speech ascribed to Lord Salisbury—I rather think in the papers of to-day—there is the following passage:—

"The House of Lords has a right to say, 'We do not approve of the measure which you bring forward. If you like to accept its rejection, well and good; if you object to its rejection, your remedy is to go to the people.'"

That I take to imply that the Bill has been rejected. However, I am under the impression that the Bill has not been strictly rejected as regards the Forms of the House of Lords; but it has been laid on the shelf by two Motions—one made after the other, and carried by not inconsiderable majorities, although the second majority was somewhat less than the first. I have communicated with the Leader of the House of Lords, and I find that the Representatives of the Government in that House have no intention of making any further Motion on the Bill as at present advised; and their reason is, that without insuring any important public advantage, it would give trouble to the House of Lords, which ought not to have any trouble of that kind put upon it, and would only result in the production of some third bye-Motion. If we could have some direct issue taken on the Bill itself, I think that would be very desirable; but I do not think it would be in our power to procure it.

Lunacy LLawsAWS—"Weldon v Semple

asked the First Lord of the Treasury, If his attention has been drawn to the case of Weldon v. Semple, the evidence given in the case in connection with the granting of certificates, and the summing up of the learned Judge; if he will undertake, as a Government measure, to introduce a Bill for the alteration of the Lunacy Laws in respect to the granting of certificates of insanity, and for the abolition of private lunatic asylums; and, whether the Government propose to take any action in the matter of Weldon v. Semple?

This is a matter with respect to which interesting evidence has been given to the country; but the Government has no special information with reference to it, and the hon. Member will not be surprised when I say that I am not able to make any communication upon the subject to the House. At the same time, I quite recognize that it is a subject of very great delicacy and importance, and due attention will be given to it.

asked whether he was to understand that the right hon. Gentleman required more time in which to consider the case?

The matter is not one for my especial consideration. It is a matter of great delicacy and importance, and, perhaps, no more difficult subject can be proposed in connection with law. Therefore, I need not make any apology to the House for not making a detailed statement. What I say is that attention will be given to the subject.

Egypt—The Conference

With reference to the statement made by the Prime Minister yesterday, in regard to the proceedings of the Conference, I wish to ask whether the members of that Conference have received the answers to the communications which the right hon. Gentleman said that they would have to make to their respective Governments, and we should like to know what is the general position of the Conference?

The Conference met to-day, in pursuance of the arrangement of yesterday; but the answers to which I referred had not been received.

I understand that none have been received. At the request of the Members of the Conference, Lord Granville agreed to postpone the next meeting until Thursday instead of until to-morrow; but I have no reason to withdraw the statement I made, that I believe the Members of the Conference are exceedingly anxious to bring it to a prompt conclusion.

Parliament—Business of The House—Progress of Public Business

Will the right hon. Gentleman state when the Diplomatic Vote will be taken, and whether it will be taken first in the evening?

Business is not sufficiently advanced to allow me to make a statement on that point.

Magistrates (Ireland) Salaries Bill

asked at what hour the Government proposed to take the Magistrates (Ireland) Salaries Bill?

said, that he was not present during the discussion which had taken place last night; but he had been made aware of what had passed on a former occasion earlier in the year. The question arose on the Supplementary Estimates in respect to the salaries of certain magistrates in Ireland. On that occasion the matter was discussed until a very early hour on Sunday morning. The strong impression then seemed to be that the increased salaries should be fixed by Statute, and not made from year to year greater than the present Statute named by Vote in Supply, and in a Bill brought in early that Session a clause to that effect was introduced. That Bill had been, with a number of other important measures, dropped; but another Bill of a single clause effecting this had been introduced and discussed on the previous night. Considering the number of hours which the Bill was under discussion, they did not propose, so far as the present Session was concerned, to advance it further; but the increased salaries would be discussed in a Supply Vote that night.

In reference to the statement of the Chancellor of the Exchequer last night as to the position of the Irish Members regarding these salaries, I beg to say that their opinion remains the same, and that they entirely object to have these salaries increased.

I was not in the House last night; but I heard from others that they were not unwilling that the discussion on these Votes should take place in Supply.

I would ask the right hon. Gentleman whether, having brought in this Bill, in deference to the wishes of the hon. Member for the City of Cork (Mr. Parnell), and having now dropped it under a misconception, in apparent deference to the wishes of the hon. Member for the City of Cork, he would state what the Government propose to do?

I entirely dispute the premises of the right hon. and learned Gentleman. As to the future, we propose to take these increases in Supply.

Have the Government determined who are the fortunate individuals who are to receive this additional pay?

The gentlemen who will receive it are the four gentlemen at present holding the posts of Divisional Magistrates, and the fifth, if a fifth should be appointed. It is the clear intention of the Government that any Divisional Magistrate appointed from this time forward shall be an officer serving in the Police Force.

Orders of the Day

Supply—Civil Service Estimates

SUPPLY—considered in Committee

(In the Committee.)

Class Iii.—Law and Justice

said, he proposed to make a statement to the Committee in reference to these Estimates.

rose to Order. He wished to know if it was competent for the hon. Gentleman to make a statement when there was no Question before the Committee?

remarked, that the hon. Gentleman had himself said that he desired to make a statement.

said, that, in the ordinary course, the Committee would begin where they left off; but he proposed that the Votes for Law Charges and Prosecutions in Ireland, and for the Court of Bankruptcy in Ireland, which would be taken first, in the ordinary course, should be postponed. He, therefore, intended to move the third Vote in Order—namely, that to complete the sum of £18,670 for the Registry of Deeds.

Motion made, and Question proposed,

"That a sum, not exceeding £12,670, 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 for the Registration of Deeds in Ireland."

wished to ask the Chairman, upon the point of Order, in what way the manner in which the Secretary to the Treasury was acting at the present moment could be challenged? But before the Chairman gave his decision, he should like to point out the important points that were involved in the course now proposed to be taken. They were promised yesterday that the Votes should be taken seriatim, and they had come down to the House that day with the intention of so discussing them. It was notorious that the reason why it was proposed that these two Votes should be postponed, although the Secretary to the Treasury had not said so, was because they included the salary of Mr. George Bolton. The idea in the mind of the Secretary to the Treasury, therefore, was that he would wait until the trial in Belfast, in which Mr. George Bolton was concerned, was over, and then, if the verdict was given for Bolton, he would be able to come down to the House triumphantly, and move the Vote. The contention of the Irish Members, however, was that, no matter what the verdict might be in Belfast, Bolton ought to be dismissed from the offices he now occupied. The verdict in Belfast could have nothing to do with Bolton's position. The point to be decided at Belfast was whether this man had been libelled in having been charged with committing a certain offence; but the charge made against Bolton in the House of Commons had nothing to do with that. He was charged here with being a bankrupt, a fraudulent trustee, a gentleman who had acted dishonestly in regard to his own wife; and there were various other charges against him which need not be gone into. It was a monstrous thing, therefore, for the Secretary to the Treasury to attempt by a side-wind, in defiance of a pledge which had been given to the House, to place a crown of glory on Bolton's head, after the verdict at Belfast had been given. How long were these Votes to be postponed? Would they postpone the Bankruptcy Vote until they had an opportunity of hearing the decision of Judge Walsh upon Bolton's Petition in Bankruptcy? Judge Walsh, the Judge of the Court of Bankruptcy, had already postponed Bolton's case in that Court for 10 days, and they would arrive at the 9th of August before they could possibly get the decision of that Judge. He wished to know whether the Secretary to the Treasury intended to postpone the Bankruptcy Vote until a decision had been given in that case also; or whether these Votes were to be postponed simply in view of the trial which was to take place in Belfast that day? If he did so intend to postpone the Vote for the bankruptcy proceedings, he (Mr. Healy) must say that a more uncalled for, or a more unheard of, proceeding had never taken place in that House. What he wished to ask was—whether the postponement asked for was merely in consequence of the proceedings in Belfast, which had nothing to do with the Vote, or whether everything relating to Bolton was to be put off until after the decision of the Court of Bankruptcy; and whether the House was to be kept sitting until there was a final decision as to whether George Bolton was a bankrupt or not?

, as a point of Order, wished to say that the Secretary to the Treasury had moved the postponement of three Votes. ["No!"] He had distinctly heard the hon. Gentleman say that he intended to move the post- ponement of three Votes. He wanted to know whether that could be done—whether, if the Votes were not moved in their proper order, the Votes left out were not withdrawn from the Estimates by that course of action?

There is no obligation to take the Votes in the order in which they stand in the Estimates. The hon. Gentleman can propose any Vote in the Civil Service Estimates which is upon the Paper for consideration to-day. He is not obliged to proceed with the Estimates in the order in which they stand here in the Book of Estimates.

remarked, that if the Secretary to the Treasury were not absolutely bound to take the Votes in the order in which they stood, he ought to give some explanation of the course he proposed to take. Some time ago, a Question was directly put to the hon. Gentleman as to the order in which the Estimates would be taken, and he had then stated that they would be taken in their regular order. It was distinctly within his (Mr. Cowen's) own knowledge that that answer was given, and yet now, without any explanation whatever, the hon. Gentleman asked the Committee to deviate from that arrangement. He thought the hon. Gentleman might fairly be asked if there was any reason for that course?

said, he had not the slightest hesitation in giving his reason for postponing these Votes. He had thought that, in making the proposal, he was really consulting the wishes of hon. Members opposite, for it was only on Tuesday or Wednesday last that they had proposed the postponement of the Valuation Vote while the trial of Mr. Bolton's action was pending. On that occasion hon. Members urged the withdrawal of the Vote, or its postponement until the trial was over. As the same questions could be raised on the Votes for Criminal Prosecutions and the Court of Bankruptcy, he had thought that he would be consulting the convenience of the Irish Members by not taking those two Votes now, while the trial was proceeding. That was his simple reason for asking for a postponement. He certainly thought that the House would be in a better position to discuss those Votes on Thursday than they were then. [Mr. HEALY: No.] As he had said, that was the real reason why he asked the Committee to put aside this Vote for the present. He had no interest in the matter, either one way or the other.

said, that upon the last occasion on which the Votes came on a number of Irish Votes were allowed to pass without question, on the understanding that the Estimates would be proceeded with seriatim. Whatever recommendation the course now proposed might have in the mind of the hon. Gentleman, it certainly amounted to a breach of faith with the Committee. If the hon. Gentleman wished to get through Supply for Ireland, without the case of Mr. George Bolton being discussed, he would have very considerably to disorganize the order of the Votes, as Mr. Bolton took a salary under most of them. The claims of George Bolton upon the Crown were comprised in various Votes. It was quite true that he took a salary under the Criminal Prosecutions Vote, and his character and antecedents would come under the purview of the Committee when the Vote for the Court of Bankruptcy was reached. Upon Votes 29 and 30 the Irish Members would also be entitled to call Bolton to account in relation to his visits to certain Irish prisons in connection with the Constabulary. Upon Votes 7 and 8, in Class III., an opportunity would also be afforded for discussing George Bolton's affairs. Therefore, there must be an extreme disorganization of the Business of Supply, if everything upon which Mr. Bolton's conduct could be discussed was to be postponed. He would only point out, further, that the present proposal involved a reversal of the Constitutional theory that Supply was the proper occasion for calling attention to grievances. He presumed that it was because grievances existed in the case of George Bolton that the facts relating to his salary and employment were not brought before the House on the last occasion the Vote for Bolton's salary was brought on. In that case, there was no previous Notice; but on this occasion, the Vote was brought on after a Notice, to a certain extent, had been given, and the Irish Members had come down for the express purpose of discussing Bolton's career. It was, therefore, highly objectionable that the Secretary to the Treasury should now suddenly seek to withdraw the Vote from the consideration of the Committee, in order that he might plunge into others, to which the Committee had no opportunity of devoting their attention.

said, he hoped the Government would not press this course of procedure, because it was not only an abandonment of the pledge the Secretary to the Treasury had himself given to the Irish Members, but it was a total departure from the pledge given by the Prime Minister to the House at large, that the Votes would be discussed seriatim. Only yesterday, an attempt was made to persuade the Prime Minister to take them a little out of their turn; but the right hon. Gentleman distinctly told the House he was not able to do so, because he had promised to take them seriatim. All this jumping about from Vote to Vote was extremely inconvenient for those who wished to discuss a particular Vote—such, for instance, as the Diplomatic Vote—and had been calculating when it would be reached. If any hon. Member was inclined to go to a Division against the proposal of the Secretary to the Treasury, he (Lord Randolph Churchill) would certainly support him, as a protest against this alteration of the original arrangement of the Government. He could only regard the proposal as an attempt to evade a Constitutional discussion in that House, and as far as the plea went that they were not to consider certain Votes in Supply, because an action brought by a private individual was pending, was, to say the least of it, a remarkably singular one. What had the House of Commons to do with the proceedings in the Law Courts; and what had the proceedings in the Law Courts to do with the Votes in Supply in the House of Commons? The proceedings of the Committee of Supply had nothing to do with actions pending in the Law Courts, and it was altogether unconstitutional for the Secretary to the Treasury to put forward such a plea as a ground for delaying the Vote.

said, the point which had been raised was a very narrow one. He had come down there fully prepared to discuss the Vote for Law Charges and Criminal Prosecutions; but his hon. Friend the Secretary to the Treasury, who had been attending more recently to the debates on the matter, had led him to imagine that it would be more convenient to the Committee if this Vote were postponed. He was absolutely certain that his hon. Friend had no other motive in the course he had suggested; but he had gathered that that was the wish of the House, from the debate which took place on Wednesday last. It was pretty plain, however, from the discussion which had just taken place, that such was not the wish of the Committee, and he was anxious, therefore, with the shortest possible expenditure of time, to revert to the original order of the Estimates. He would remind the noble Lord that it was not always the Government who wished to postpone particular Estimates, or to take them out of their proper order. Hitherto, on three or four occasions, the Irish Estimates had been taken out of their proper course at the suggestion, and with the full concurrence, of the Irish Members. It was always a proceeding the Government were unwilling to resort to, and they were quite ready to withdraw the Vote, and proceed with the Vote for Law Charges.

Yes.

Motion, by leave, withdrawn.

Motion made, and Question proposed,

"That a sum, not exceeding £49,031, 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, of Criminal Prosecutions and other Law Charges in Ireland, including certain Allowances under the Act 15 & 16 Vic. c. 83."

said, it appeared to him that the Irish Members had a right, upon this Vote, to demand from the Government very full and particular explanations. He confessed that he regarded it as an Estimate of a very suspicious character, and he did not think that it was the Irish Members only who had the right, or the inclination, to demand from the Government explanations in regard to it; but every Member of the House, whether he came from Ireland or not, who had a regard for the interests of public economy and the purity of the Public Service, would be startled, if not disgusted, by the extravagant amount of the Estimate now before the Committee. The first fact upon which he desired to fasten the attention of the Committee was the extraordinary one that the amount of the Vote had, during the past year, undergone no material diminution. The amount last year was slightly over £100,000. The amount now was only £1,000 less, because the Committee were asked to vote £99,031 for this year's cost of the Law Charges and Criminal Prosecutions in Ireland. He would not quarrel with the undiminished amount of the Vote, if it could be contended, or if it could be alleged, that crime had not greatly fallen off, and that tranquillity had not greatly increased in Ireland. He would remind the right hon. Gentleman the Chief Secretary to the Lord Lieutenant that he had inaugurated his part of the Business of the Session by a remarkable speech which still lingered in the memory of most hon. Members—a speech in which the right hon. Gentleman congratulated the House and the country on the great improvement which had taken place in the state of crime in Ireland. The right hon. Gentleman had told the House, still more recently, that the diminution and falling off of crime was still going on, and that tranquillity was generally on the increase throughout the length and breadth of the country. Indeed, he had gone so far as to say that but for some isolated efforts on the part of the Orange Brotherhood in the Province of Ulster, they would have enjoyed last year a very quiet winter in Ireland. He might also refer to the great change which was visible to anyone who glanced over the criminal calendar, or who studied the speeches of the County Chairmen, and contrasted them with a similar calendar of crime and speeches a year or two ago, they would be aware that the outrages, which were then counted by the hundred, were now counted by the unit. The Returns of special outrages were for the most part blank. The Judges of Assize, instead of painting in vivid colours the growth of crime and the disorganization of society, were now vieing with each other in congratulating the Grand Juries of the various counties on the disappearance of crime. They had heard of the presentation of white gloves this year in many cities of Ireland, and they had also heard, what it would be difficult to rival either in England or Scotland, that the Judges of Assize had themselves been the recipients of white gloves. For a long time grave crimes had almost entirely disappeared, and every kind of crime was becoming rare. That being so, he called upon the Government to account for the inflated condition of this Estimate for Law Charges and Criminal Prosecutions. Crime was the material from which prosecutions largely sprung. The Government of Ireland, however, appeared to be able to make bricks without straw, and to carry on prosecutions although crime had practically ceased. That was an anomaly which he called upon the Government to explain. He found on Page 273 of the present Estimates certain items which seemed to him to go far towards explaining this extraordinary condition of affairs. The salary of the Attorney General for Ireland was £1,159 a-year; and he was entitled also, in the shape of an allowance in lieu of fees now abolished, to the sum of £1,420, making the total emoluments, in the way of salary received by the Irish Attorney General for the year, £2,579. The salary of the Solicitor General was £974, and he was entitled, by way of an allowance in lieu of fees abolished, to a further sum of £800, making the salary of the Solicitor General £1,774; and, with the £2,579 paid to the Attorney General, making the salaries of the two Law Officers £4,353 a-year. He asked the Committee to turn now to an item in the Estimates under the head of Fees to the Law Officers in the course of the year for which the Estimate was framed—fees to the Attorney General for conducting criminal prosecutions and other contentious business, and also similar fees to the Solicitor General, amounting to—what did the Committee think?—to the sum of £8,000. The salaries paid to these two Officers amounted to £4,000, and their fees for directing prosecutions to £8,000. Now, he contended that if the salaries of the Attorney General and the Solicitor General for Ireland were too small, they ought to be increased. So far as the Solicitor General was concerned, he knew him to be a most careful and painstaking Officer; and if his remuneration was insufficient, he was satisfied there would be no objection to make a reasonable increase. But he did object to the system on which these Law Officers were paid—namely, one-third by salaries, and two-thirds by fees. The Law Officers of the Crown shared the, heritage which was the common lot of human nature; and it was not fair to them, nor considerate to the public, to put the bulk of their income on a system which obliged them to direct prosecutions in order that they might get fees. He would much prefer that the salaries of these Law Officers should be fixed at £8,000, because, if the learned Solicitor General, in addition to the £1,700 he received in the shape of salary, was to receive £2,000 or £3,000 more, in accordance with the number of prosecutions he directed, it was evident that a direct premium was held out in favour of prosecutions. He should be sorry to say that the hon. and learned Gentleman would direct a prosecution unless he found ample cause for doing so; but what he contended was, that they were subjecting the hon. and learned Gentleman to a temptation which he ought not to be placed under. He entirely condemned the system of fees, and he was of opinion that both the Solicitor General and the Attorney General ought to be paid for the services they performed by salary, and that the temptation and inducement ought not to be held out to them to direct prosecutions in order that they might receive the fees. Then, again, it would be seen from the Estimate that the fees of Counsel, other than the Attorney General and Solicitor General, for conducting Crown prosecutions, which amounted last year to £18,500, had amounted this year to £17,000. In the name of reason, and in the name of common sense, he asked the learned Solicitor General and the Chief Secretary to the Lord Lieutenant to make it apparent and intelligible how it was that the amount of fees to Counsel in Ireland remained practically the same as last year, in face of the notorious fact that the gaols were empty, that agrarian crime had disappeared, that crime of any kind was of rare occurrence, and that the Judges had nothing to offer to the Grand Juries but congratulations on the peace, order, and tranquillity which prevailed throughout the country. Then, again, there was this year, as there was last year, an item of Miscellaneous Charges, under which would probably be found the special expenses of persons like George Bolton, who went to the West of Ireland in order to visit a prisoner, and succeeded in driving him to a state of desperation, and then to the commission of suicide. The Miscellaneous Charges last year were £5,679, and this year they amounted to £6,740. It was quite evident that the trade of prosecution in Ireland was a merry trade, if the salaries and amounts derived from it were so very large. There was, however, another sub-head of which he asked for an explanation from the Government. He referred to the expenses of prosecutions and witnesses previous to the 1st of April. According to the Estimate, they amounted to £26,000 last year; this year they had reached the same total of £26,000. What was the explanation of that? He was afraid it was a sad and sorry explanation. It was one of the most disgraceful and scandalous items in the Estimates, the money being spent, in reality, in maintaining a brood of social vipers—informers and spies—men who were easily engendered by unscrupulous employers with plenty of money in their hands, and willing to spend it lavishly; but although easily engendered, they were not so easily got rid of. When the Executive Government once took into the public pay a body of creatures, whose trade was perjury—when once they showed them that the necessity for hard work on their part was over, and that they could live for the rest of their lives in ease and plenty by merely betraying the liberties and swearing away the lives of men—they established a lucrative business that was very apt to thrive on their hands, and not likely to cease when they simply desired it. He said that this £26,000 a-year, which was a scandal and a disgrace to the Public Estimates, was being spent in the nurture and sustenance of this brood of social vipers. He was entitled to be heard; and he asserted that the time had come when, according to the Government's own figures and Returns, and the statements of their own Judges, there was nothing in the criminal or social condition of the country to justify the continuance of this charge, and that they ought to feel called upon to discontinue it, and to send these informers and spies about their business. He could not wonder at the inflation of the Estimates when he considered the fact that he had himself been compelled to complain not long ago in that House of the course which the Law Officers of the Crown were pursuing. He had found that 11 of his own constituents had been arrested on the gravest of all possible charges except that of murder. They were taken away from their business, removed from their families, and thrown into prison four months ago—men occupying a respectable position, against whose character, until the voice of the informer was listened to, nothing had been alleged; and he had found these men remanded week after week, dealt with by private inquiries only, and the evidence against them doled out by instalments. After four months' imprisonment, when the Assizes came round, the Crown, on the flimsiest of pretences, declined to put these men upon their trial. He was afraid that the country would have to go on paying these enormous sums' every year unless Parliament compelled the Irish Government to refrain from arresting at random men against whom there was no evidence, and whom they kept in prison, postponing their trial from time to time, in the hope that some informer would turn up against them. By these means, and by these inflated Estimates, the purity and independence of the Bar itself were injured, if not destroyed, and the members of it were converted into employés of the Castle, because the gentlemen of the Irish Bar received refreshers during the prolonged course of every one of these investigations. What he called upon the Government to do was to return to the ordinary paths of the Constitution. There was nothing in the condition of Ireland to justify the Committee in agreeing to this Vote. So long as conspiracies existed and crime was committed, or so long as there was anything dangerous or threatening in the social condition of Ireland, no one would object to such expenses as these; but in the present condition of Ireland the claim to the disallowance of this expenditure was irresistible and unanswerable. He would say to the English Members, that, whatever their desire might be to economize the expenditure of public money, that expenditure would continue to go on year after year until the Government refrained from arresting men without evidence, and, having arrested them, abstained from bringing them to trial. They were holding them in prison year after year, hoping that some informer more base than another might turn up with evidence, instead of bringing every man who was arrested to trial at once, with a view to his conviction if guilty. If there was anything unreasonable in what he had stated, he desired the Government to point it out. He had made a series of plain assertions, and he held then to apply to the figures contained in the official Returns. If any of his allegations could be denied, let him have the denial. This assertion, at any rate, could not be denied, because it rested upon undeniable facts—namely, that the claim he had urged was a claim which neither in the spirit of good government, nor in the pursuance of a wise policy, ought to be questioned. He would leave it to his hon. Friends near him to consider what reduction of the Vote they would move in respect of the whole of this horrible system of prolonged examinations and telescopic trials in Ireland; but there was one subject upon which he felt bound himself to move a reduction. He had no doubt that the Government and the Chief Secretary would anticipate what he was about to say. He felt himself again obliged, by a sense of public duty, to mention the name of George Bolton; and so long as that man continued in the Public Service, and he (Mr. Sexton) remained a Member of that House, he would never suffer 1 d. of public money to be voted for Mr. Bolton's emoluments without giving to the proposition the utmost resistance he was able to give with the assistance of his Friends. The position of George Bolton had been made a little more plain since his case had been discussed last week. There was some doubt last week whether Bolton had himself lodged a Petition before the Court of Bankruptcy in Dublin. He had now before him a copy of the Petition, and it showed beyond doubt that Bolton himself had applied to the Court of Bankruptcy for an arrangement. On the last day when the case was under discussion, it was said that if an English Civil servant of any grade had placed himself in a similar position, there was no Department in England in regard to which the House, and even the Department itself, would not have demanded his suspension. He contended that the moment George Bolton brought his affairs into the Court of Bankruptcy he ought to have been suspended. The question whether he should afterwards resume his post, or be allowed to retain it, might very well be left to await the result of the Petition; but as the first and preliminary step, the Crown should have suspended Bolton from his public offices the moment he applied to the Court of Bankruptcy to effect an arrangement between his creditors and himself. This gentleman owed, not, as had been said before, £90,000, but £100,000; and he appeared to derive from the public an income of about £2,000 a-year. He had given Notice a few days ago to the hon. and learned Solicitor General that he would ask him upon this Vote what was the amount of emolument derived by George Bolton. It was well known that he had £400 a-year as Solicitor to the Valuation and Boundary Office; that he had £400 a-year as Crown Solicitor for the County of Tipperary; and he (Mr. Sexton) would now call attention to a statement made in the Irish Court of Bankruptcy on Friday last. The learned gentleman who appeared for the executors under the will of the late Sophia Bolton—the wife of this official—asked for a return of Bolton's salaries, and pointed out that, even taking the account which had been mentioned last year, it amounted to at least £1,900 a-year. Yet this man, who was receiving from public employments £1,900 or £2,000 a-year, owed between £90,000 and £100,000; so that if he devoted the whole of his income to the payment of his creditors, he would arrive at a complete settlement of his affairs somewhere about the middle of the 20th century. And what was the offer which this gentleman made to his creditors? He had offered—hon. Members would hardly believe the audacity that was developed in the bosom of an Irish official—George Bolton had offered to allot £200 a-year to the benefit of his creditors; and when pressed by their representative, he consented to increase the sum to £300, but would not go beyond that amount. From that date there had been no advance upon £300 a-year. He held that the position taken by Mr. Bolton was scandalous and disgraceful; and he wanted to know, now the facts had been made known, whether the Government meant to tolerate his continued employment? Was it not an audacious trifling with the principles of justice for a man owing £90,000, and receiving £2,000 a-year from the public purse, to appear in Court and say that he was only willing to allow £300 for the settlement of the claims of his creditors? They had been told that it was not desirable to discuss this Vote that day, because the trial, in which George Bolton was plaintiff and Mr. O'Brien—the Member for Mallow—was defendant, was proceeding at Belfast. Now, what had happened at Belfast that day? Mr. Bolton went to Belfast to defend his character, and the Government were so anxious that he should be allowed a full opportunity to patch up his somewhat damaged character, that they were unwilling that a word should be said in the House in the discussion of his salary until the trial was determined. Mr. Bolton saw himself described from week to week and month to month in United Ireland as a person who was guilty of fraud and forgery, and who had introduced the arts of a swindler into his own house, and defrauded the wife who trusted him. So long as those charges were made against him he was silent; and it was only on a question of the construction of the heading of a paragraph, which he looked upon as imputing to him an unnatural offence, that Mr. Bolton went into Court to clear his character. How had he proceeded to clear his character? He (Mr. Sexton) was informed that in the Court at Belfast that day Mr. Bolton had been called upon to go into the witness-box, and that he had refused to do so. Did the Government regard that as fulfilling their hope as to the manner in which a public official should defend his character? Was that the way to meet accusations of the kind which had been levelled against Mr. Bolton? If the reports which reached him front Belfast were true, and no one could doubt them, he maintained that the case against Mr. O'Brien had already closed, and by the refusal of Mr. Bolton to go into the witness-box to offer himself for examination, and to throw open his life before the jury and the Court—by his refusal to go through that ordeal—the case against the hon. Member for Mallow (Mr. O'Brien) had gone by default, and George Bolton was already practically found guilty. He (Mr. Sexton) begged to move the reduction of the Vote by £1,600, which, so far as he was able to estimate, was that portion of the Vote which would otherwise go to George Bolton for salaries and expenses; and in making that Motion he would conclude by saying that he awaited with curiosity to learn what action was left for the Crown, in the new condition of things revealed at Belfast that day, in carrying further their obstinate and unwise defence of this disgraceful official.

Motion made, and Question proposed,

"That a sum, not exceeding £47,431, 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, of Criminal Prosecutions and other Law Charges in Ireland, including certain Allowances under the Act 15 and 16 Vic. c. 83."— (Mr. Sexton.)

said, the hon. Member for Sligo (Mr. Sexton), in approaching this Estimate in the character of an economist, regretted that the amount had undergone no material diminution since last year. He thought the hon. Member would, indeed, have good reason to regret it if such was in any sense the case. Undoubtedly the Estimate this year was, on the face of it, very much the same as last year; but the hon. Member had omitted a most important consideration. The Estimate for 1883–4 was £100,000; the Estimate for 1884–5 was £99,000. The hon. Member, however, could not have forgotten that in the course of the many debates in which they had been engaged this year, and especially early in the Session, the Government had found it necessary to bring forward a Supplementary Estimate of something over £15,000; so that the actual Estimate for last year amounted, not to £100,000, but to £115,000; and, therefore, the reduction between this Estimate and the actual Estimate of last year amounted to £16,000. The hon. Member connected the amount of the Estimate with the state of crime in Ireland. In that respect it would be interesting to the economists of the House to watch the gradual growth, and he was glad to add the gradual reduction, of the Estimate now under consideration, and to observe how closely it followed the course, not so much of crime as the detection and punishment of crime in Ireland. In the year 1878–9 the actual expenditure on this Estimate stood at £82,000. It was noticeable that this was the amount, roughly speaking, of the actual expendi- ture of the Estimate for a great number of years past. There had been only one exceptional year since 1870, and that was the year 1873–4. In that case there had been a Supplementary Estimate of £22,000, which brought up the expenditure upon the Law Charges to £100,000. That was the year in which the riot cases in the Phoenix Park were tried, and the Estimate was swelled by a considerable amount of expenditure on what might be termed the public litigation which took place before the period on which he was about to enter. In 1878 the actual expenditure was £82,000. In 1879–80 the actual expenditure was £80,244; but in the last months of 1879 and in the earlier months of 1880—with increasing velocity throughout 1880—that state of crime began which they had all deplored, and the first signs of it were shown in the Estimates of 1880–1, which rose to £87,000. In 1881–2, as crime grew worse, the Estimate rose to £105,000.

The expenditure. In 1881–2 the expenditure rose to £105,000. In 1882–3, which he took to have been a sort of culminating point when the state of crime was worse and its detection had begun, the Estimate rose to £118,000. In 1883–4 the actual expenditure, as shown by the bills already got in up to the present time, amounted to £110,633.

£10,000 over the Estimate, and £7,000 under the combined Estimate and Supplementary Estimate together. That was to say, that while the expenditure for the detection and suppression of crime had risen gradually from £82,000 to £118,000, in 1882–3 the actual expenditure fell off by about £8,000, as far as he had been able to ascertain. Being anxious not to have a Supplementary Estimate, they had estimated the expenditure in November and December at £99,000, thus showing another steady falling off. He had every reason to hope that next year, by which time not only would crime have very much diminished from what it was at its worst, but its detection would have begun to be much less material in its operation, and, therefore, much less active, they would be able, judging from the actual expenditure of 1884–5, to make a very sensible reduction in the Estimates of 1885–6. To show how completely this was the case, and how far this expenditure was due, not to salaries, but to the actual operation of the punishment and detection of crime both present and old, he had taken out the fees to the Law Officers, the fees to counsel, the general law expenses in regard to prosecutions, and the witnesses' expenses, as items which spoke of the actual work done; and he found that in 1878–9 they amounted to £48,000; in 1880–1 to £55,000; 1881–2, £74,000; 1882–3, £83,000; 1883–4, 75,000; and the present Estimate was £69,000, which brought the expenses upon these items down to £14,000 below the actual expenditure of 1882–3. The hon. Member for Sligo (Mr. Sexton) thought this was not a sufficient reduction to represent the actual diminution of crime; but it was, nevertheless, a large reduction, and a steady reduction. Crime had fallen off, and so had the expenditure; and he was bound to say that a great part of the tranquillity which Ireland now enjoyed was due to the manner in which the crimes in the past had been dragged to light, and the manner in which they were followed up—an operation still going on, and which had certainly not yet come to an end. [Mr. PARNELL: Hear, hear!] He hoped that all hon. Gentlemen would cheer that sentiment. The detection of past crime was one of the most important functions of the Government. It must be remembered, however, that they must not talk even of a diminution of crime with too much triumph. It was quite true that a beneficial change had taken place up to that moment. The outrages reported in some months of the year had fallen very much in number below what were recorded in the most peaceful years in Ireland. But the country was still, in some districts especially, in a state where justice must still keep a tight hand upon crime and disorder; and although the expenditure upon justice must be most closely watched, and reductions made, he maintained that reductions had been made in such a manner as to afford sufficient scope for the operations of justice, while, at the same time, gratifying the economists of that House. He by no means wished to boast; but he still desired to impress upon the Committee that, taking the actual Estimates of last year, and the actual Estimates of this, there was an actual reduction of about £19,000.

asked if his right hon. Friend could give the actual number of cases represented in the prosecutions last year?

asked if the right hon. Gentleman could give any indication within 30 or 50?

said, he did not know that he was even able to give that information; nor was he aware that the Returns even in the case of England gave judicial statistics in that respect. He was under the impression, so far as Ireland was concerned, that the judicial statistics were not drawn on the principle of giving a Return of that kind. The hon. Member for Sligo (Mr. Sexton) objected to the system on which the Irish Law Officers were paid. Although he admitted that their salaries were small in proportion to those of the English Law Officers, the hon. Gentleman said the salaries ought to bear a larger proportion to the expenditure which was incurred in the shape of fees. The hon. Member objected to the payment of fees as holding out an inducement to the Law Officers to promote prosecutions, although, at the same time, he added that he did not think the Solicitor General was influenced by that fact. The hon. Gentleman must remember that prosecutions were not always bad things. He (Mr. Trevelyan) had heard from the Benches on which the hon. Member sat a very warm protest against the Government abstaining from prosecutions in certain cases. Hon. Members opposite were constantly referring to cases in which they thought there ought to be prosecutions. Only that day he had informed an hon. Gentleman who sat near the hon. Member that a person who had falsified voting papers would probably be prosecuted, and that information appeared to give the hon. Gentleman some satisfaction. But he himself reminded the hon. Member for Sligo (Mr. Sexton) that, as far as the payment by fees appertained, it appertained in preventing prosecutions which ought not to be undertaken from being set on foot. An uncalled-for prosecution was disgraceful, and the injury done to the reputation of the Law Officers who set it on foot, if it could be shown that it was set on foot from any such motive, would be infinitely greater than any compensation that could be obtained from the fees. The hon. Member had referred to the imprisonment without trial of a number of persons in a district where his own political opinions had great influence.

said, that since he last spoke he had received a telegram from the Tubbercurry prisoners, who wished to have it pressed upon the House that their trial should take place on the 5th of August, and intimating their willingness to waive all right to notice—such as that which was required to be given in a change of venue.

said, it was unfortunate that those telegrams came during the debate, and thus acquired additional interest from so coming, because it was absolutely impossible that they could receive the attention which properly ought to be given to them. He would certainly prefer that his hon. and learned Friend the Solicitor General should consider the bearing of this request, as he certainly could not answer off-hand what would be the proper course to take. He could only say, in regard to the complaints of the hon. Member of the arrests of men on insufficient evidence, that in the heat and hurry of the early days of the suppression of the state of crime which had existed in Ireland, it was possible, as it was in the case of a terrible war, for things to have been done hastily in the way of arrests, and from the want of proper communications having been kept up between the Law Officers and others who were Law Officers no longer, and the responsible magistrates and police. He did not know much about the facts of this particular case; but nothing had engaged his attention more than this—namely, the propriety of impressing upon all those who were concerned in the detection of crime that they were not to make arrests, except in serious cases, until the case had been laid in full before the Law Officers. That ought not to be done except in the most exceptional cases, where the suspected person was likely to leave the country, or where there was imminent danger of a crime being about to be committed. Exceptional circumstances only would warrant a sudden arrest being made, because a sudden and ill-considered arrest was frequently productive of fatal results. He had been glad to hear the hon. Member for Sligo (Mr. Sexton) lay particular emphasis upon this particular case, because it made him think the hon. Member realized the fact that there were not many unfortunate men still left in the position of being remanded over and over again. He believed that resulted from the caution now displayed by persons in authority, who saw that arrests were not made without very great deliberation, and on a full case being established. He thought he had now gone through everything the hon. Member had alleged, with the exception of his remarks in reference to Mr. Bolton. He must say that he deprecated any conclusion being drawn—such as the hon. Member had drawn from the telegram he had read to the House. He knew nothing about the facts of the case; but he could very well conceive that when a very grave charge had been made, and the person who made it was being prosecuted as a libeller—he could well conceive that before going into the box to be examined as to the whole of his life, on any question which might be put to him, the plaintiff might insist that some primâ facie case should be made out against him. He might give an instance in illustration of what he meant. If a man was charged with having stolen a watch, he might bring an action for libel, but refuse to go into the box to be examined as to whether, at a contested election, he had given a man 5 s. to buy some ale. He might insist that a primâ facie case of his having stolen the watch should be made out, in the first instance, and that the libel should be properly established before he was called upon to refute it. But he did not think that this was a case to be argued in Parliament while it was pending in a Court of Law, and he had no wish to argue it. But if the hon. Member thought it right to prejudice the case against Mr. Bolton during the progress of the trial by commenting upon a single fact which had come to his knowledge, and which might bear a very different complexion from that which the telegram put upon it, he thought it right to say, on the other side, that there might be a possible explanation of everything stated in the telegram. He did not think, however, that the House of Commons ought at present to concern itself with the general character of Mr. Bolton. He thought that the character of that gentleman was at that moment sacred; and hon. Members must have an opinion whether the course pursued was not calculated to prejudice the case in the public mind. While litigation was proceeding with regard to the attempt of Mr. Bolton to vindicate his character, and while Mr. Bolton was in the position of a litigant vindicating his character, that character ought to be sacred, and ought not to be discussed in that House. From that point of view, he altogether deprecated any remark upon Mr. Bolton's general character. As to the question of Mr. Bolton's bankruptcy, he was aware how grave a matter the question of bankruptcy in regard to a public officer was. He was perfectly aware what the practice was in the case of English Civil servants, and he considered that practice, in the essence of it, to be a righteous one, and that no man whose private affairs were brought under the notice of the Government, by bankruptcy, or by proceedings equivalent to bankruptcy, should be continued in his position, unless, on examination, it turned out that his difficulties were not occasioned by fraud, or by culpable extravagance, or by culpable improvidence.

asked if the right hon. Gentleman meant that the Government was to form its opinion upon these matters by the examination which took place in the Bankruptcy Court?

said, that, of course, the materials upon which the Government would be required to form a conclusion would be what came before the Court of Bankruptcy. What he maintained was, that the Government would have to satisfy themselves on these points by what was brought under their notice by the proceedings in bankruptcy, or proceedings equivalent to bankruptcy. That was the principle adopted in regard to the English Civil servants, and it was the principle on which the Irish Government intended to act in regard to Mr. Bolton, and in the case of any Civil servant who received a salary under the Crown. He thought that was a plain and simple statement on the part of the Government, so far as Mr. Bolton was concerned. In regard to any other question relating to Mr. Bolton, they could not enter into it while the trial was pending.

said, he had never heard anything more convincing than the speech delivered by the Prime Minister last Wednesday against the postponement of the Vote. He agreed with what the right hon. Gentleman then said, that the proceedings now going on at Belfast had nothing whatever to do with the Vote before the House; and if he had any influence with hon. Members opposite, he would certainly ask them to avoid in this discussion any reference to the trial now going on, which could have nothing whatever to do with the present Vote. There was not a Member in that House who did not think that very great extravagance was apparent in regard to the Irish Law Charges, and he knew that in the whole of Europe there was not a similar case in which the salaries of the judicial officers of the country bore such an extravagant proportion to the Revenues of the country in which they lived. He had risen, however, for the purpose of making one or two remarks directly in reference to Mr. Bolton. His right hon. Friend the Chief Secretary had given a definition of what he considered ought to be the policy of Her Majesty's Government in reference to Civil servants. He was sorry to differ from so great and respectable an authority as his right hon. Friend, but he did differ entirely from him in regard to this matter. When the discussion took place the other day, the right hon. and learned Gentleman the Member for the University of Dublin (Mr. Gibson) said that Mr. Bolton had not presented a Petition in Bankruptcy. The right hon. Gentleman did not pretend to make that statement to-day. It was now admitted by the learned Solicitor General for Ireland, and it was perfectly well known in all quarters of the House, that Mr. Bolton had presented a Petition in Bankruptcy. That being so, he held that there ought to be an inviolable rule that when a public servant presented a Petition in Bankruptcy he should be immediately suspended. He differed entirely from the Chief Secretary in thinking that Her Majesty's Government ought to suspend their judgment until there had been an adjudication in reference to that Petition in Bankruptcy. What had happened in this particular case was this. Only two days ago it came to light in the proceedings connected with Mr. George Bolton's bankruptcy, which were fully and accurately reported in The Times newspaper, that Mr. Bolton had made an offer to his creditors of £300 from his annual official salaries. The Judge of the Court was advised to make Mr. Bolton a bankrupt; but he declined to do so, because that course would probably involve the loss of the official salaries. What was now happening was only what would happen in any case of default. Bolton, farmed by his creditors, might go on for years, and it might happen that the money voted by the House of Commons might, under the existing conditions of the case, be made available by a person who had presented a Petition in Bankruptcy for meeting the demands of his creditors, and pre-venting an adjudication in bankruptcy from taking place. The debtor had in this case an interest in continuing in the receipt of his salary in order that it might be farmed—although the debtor was an officer in Her Majesty's Service—by his creditors. Now, he held most strongly that no officer of the Crown ought to be in that position—that he ought not to be in a position in which he could be farmed by any one of Her Majesty's subjects. Holding that view, he should support the Motion for reducing the Vote by the amount of Mr. Bolton's salary.

said, they had had a speech from the right hon. Gentleman the Chief Secretary for Ireland of a kind which had unfortunately become too common in connection with this case. The right hon. Gentleman, a man of brilliant abilities, well able to hold his own in debate with almost all comers, had been struggling almost incoherently, for half-an-hour, in a lame and halting speech, to screen Mr. Bolton. In fact, he did not think there had ever been a more remarkable instance in that House of an official palpably and obviously discharging a duty which was odious and loathsome to him than that which the right hon. Gentleman had afforded that evening. As to the excessive amount of the Estimates now under the consideration of the Committee, he would leave the case where it had been put by his hon. Friend the Member for Sligo (Mr. Sexton), and the hon. Gentleman who had just now spoken. The conviction was firm and fixed, and no amount of rambling speeches by the Chief Secretary would remove it from the mind of the Committee and from the public of this country, as well as of Ireland that the Law Charges in connection with Ireland were beyond all reason and beyond all decency. That was a fact which had passed out of the sphere of disputable or disputed proposals, and was well established in every rational and unofficial mind. He would now refer to the Tubbercurry prisoners. The right hon. Gentleman commented on the fact that the case had been brought forward so frequently by his hon. Friend, and he had drawn the extraordinary inference that it was the only case of the kind in Ireland. As a matter of fact, the explanation of the interest taken by his hon. Friend in the case was that the prisoners were his own constituents, whose grievances he was specially required to bring under the notice of the House. That there were other cases in which similar hardships were experienced he had not the slightest doubt; but in all probability the persons who had been so treated had not the good fortune to possess a Representative in that House as energetic and as influential as his hon. Friend. With regard to the Tubbercurry prisoners, they had been in gaol since the 2nd of April, and now on the 29th of July they were still untried, and had not been admitted to bail. The right hon. Gentleman had himself deprecated the principle of making fishing arrests in Ireland; but the circumstances of this case, in which men had been kept in prison from the 2nd of April until the 29th of July without being brought to trial, afforded convincing proof that the arrest was a fishing arrest. The mere statement of the facts must bring conviction home to the mind of every hon. Member that when the Government arrested these men they had no evidence against them; but that they took up the case experimentally, in the hope of being able to get evidence by-and-bye. When at last, in obedience to the strong pressure put upon the Government by his hon. Friend, these men were brought to the Assizes for trial, the Government again suggested the postponement on the miserable and flimsy pretence that subscriptions were being got up by their neighbours to assist them in their defence. In this country, even in the case of the most odious criminal, if the public had an idea that he was in danger of being unfairly tried for the want of legal advice, an appeal would at once be made for support, in order to produce evidence and see that the case was adequately conducted. It was within his own recollection that many criminals of the worst type had been helped in this way to defend themselves lest the sacredness of trial by jury should be violated, and they should not receive proper treatment. The Tubbercurry prisoners, through their solicitor, had addressed a telegram to his hon. Friend, asking that they should he tried on the 5th of August; and he should like to hear from the Solicitor General for Ireland any ground why this reasonable request on their part should not be complied with. They were perfectly convinced of being able to establish their innocence. All that they asked was that they should be tried on the first opportunity, and not kept languishing in prison week after week and month after month because no opportunity was afforded to them of establishing their innocence. The re-appearance of the right hon. Gentleman the Chief Secretary on the present occasion suggested some strange inquiries. Why was the right hon. Gentleman not in his place when the case of George Bolton was under discussion last week? There was a general impression last Wednesday that the absence of the right hon. Gentleman from the House was due to the fatigue he had undergone for several days in defending his Department from the attacks which had been made upon it in that House. No doubt the amount of labour the right hon. Gentleman was obliged to go through owing to the responsibilities which attached to his Office were extremely onerous; but he wanted to ask the right hon. Gentleman this question. It was a categorical question, and he hoped that a categorical answer would be given. Was the right hon. Gentleman wilfully absent from the House on Wednesday last when the Vote for Mr. Bolton's salary was under discussion? Was his absence deliberate and intentional, or the result of accident and the consequence of fatigue? All he (Mr. T. P. O'Connor) could say was that the Irish Members had seen the re-appearance of the right hon. Gentleman upon the Treasury Bench in order to defend these Votes with a certain amount of curiosity and interest, especially after his absence on Wednesday. He must say that the position of the right hon. Gentleman was one which entitled him to sympathy. What evil fate had condemned him to stand up in the defence of such men as George Bolton; and if his conscience did not justify him, what evil fate compelled him to swallow the odious dose? The right hon. Gentleman ought not to stop a moment longer in Office if he found that he could not discharge the duties of it with the full consent of his heart and conscience. He would recall to the memory of the right hon. Gentleman a remarkable incident which occurred in the last Parliament, and in which the right hon. Gentleman himself took a prominent part. A noble Lord sitting on the Bench which the right hon. Gentleman now occupied was a Member of the Administration of Lord Beaconsfield. There was a financial trial going on in the City of London at the time, and in the course of the evidence at the trial certain transactions with which the noble Lord had been concerned were brought to light. They were supposed to have been of a somewhat questionable nature. Who was the man who then stood up in that House and compelled the resignation of the noble Lord? It was the right hon. Gentleman the Chief Secretary for Ireland, who was now the advocate and exponent of George Bolton. Although the noble Lord might have committed a certain amount of indiscretion, there was sufficient proof in the exposure which took place that there was nothing criminal in the transaction. His conduct might have been foolish, thoughtless, and unworthy of a man occupying his high position; but his (Mr. T. P. O'Connor's) sympathies were with the noble Lord, rather than with the right hon. Gentleman, who had taken a malignant course in matters which he himself—a man of large fortune—might have treated with indulgence. Yet this rigid economist, this relentless purist, was the man who got up now night after night to defend as bad a class of criminals as any who ever had the misfortune to be connected with the Civil Service of any country in the world. He wished to correct one misconception on the part of the right hon. Gentleman. The right hon. Gen- tleman, speaking on the attitude of the Irish Members towards George Bolton, admitted that the result of the trial at Belfast would have a material influence upon the action of the Government. Now, the position of the Irish Members in reference to George Bolton was that he ought to have been dismissed long ago. He asked any English Member to rise in his place and declare that any man with the antecedents and character of George Bolton ought to have been retained for a single week in the Civil Service of this country? That was a fair challenge. Would any Member who was not a Member of the Government—indeed, would any Member of the Government except the Chief Secretary and the Solicitor General for Ireland get up and declare that a man with the antecedents and character and position of George Bolton ought to be kept for a single hour in the service of this country? He awaited with some curiosity to see the manner in which that challenge would be taken up by the Government. The real secret of all these matters was that the Government of Ireland were determined to stand by their tools, no matter what dirty instruments they might be. There was not a single man whose dismissal had been agreed to by the Government during the last two or three years who had been dismissed voluntarily, or who would have been dismissed at all but for the constant pressure of public opinion, and after wearisome discussions in that House. Every official who had been prosecuted had been proceeded against at the eleventh hour, and after the Government had exhausted every means of evading a prosecution. He maintained that that was a shameful and pitiable position for the right hon. Gentleman to occupy. For the right hon. Gentleman himself he had great respect and sympathy; but he must say that his official conduct in these matters had brought about all the trouble in which he found himself involved.

said, the question was not precisely whether Mr. Bolton ought to be dismissed for his past misconduct, because all that had been condoned. The real question was whether he ought to be suspended at present. Now, it appeared to him that in suggesting his suspension hon. Members only treated Mr. Bolton precisely in the same way as every other public servant was treated, and as they were treated themselves if any one of them filed a Petition in Bankruptcy. If an hon. Member presented a Petition in Bankruptcy he was suspended from all legislative functions until that Petition was disposed of; and he thought they had a right to ask that the same rule which was applied to Members of Parliament, and which was applied to all public servants in England, should also be applied to those who were employed in Ireland. They had been told that one reason why this course had not been taken in regard to Mr. Bolton, and why Mr. Bolton had not been suspended, was that he was proposing to enter into some bargain with his creditors, by which he was to hand over to them some portion of his official emoluments. He had always understood that the salary given to an official was in order that he might maintain a certain position in society; and it would be very strange to have a man occupying an official position, with the greater part of his salary in the hands of his creditors. What could be more objectionable than that a man, holding the position of Crown Solicitor in Ireland, and exercising legal functions, and obliged to conduct the prosecution of prisoners, should be, to all intents and purposes, in the hands of his creditors? He knew nothing about Mr. Bolton, except what he had read and heard in that House; but, speaking generally, ho thought the facts which were admitted by the Treasury Bench rendered it only just and proper that Mr. Bolton should be at once suspended.

said, it was not his province to defend Her Majesty's Government, nor did he know anything about this case beyond what had been said in that House; but he did think that there ought to be some right understanding as to the course which should be adopted. What was now before the Committee was the proposal that Mr. Bolton's salary should be omitted from the present Vote; that he should, in fact, be deprived of his professional remuneration, and dismissed as a solicitor from public employment. He did not think that sufficient reasons had been assigned for taking such a course. He had very little respect for the antecedents of Mr. Bolton, and he was not there to defend that gentleman; but if he had been a fraudulent trustee there were remedies in Ireland, as well as in England, which could be put in force against him, and he might have been prosecuted in that capacity. If he had committed an unprofessional act, he presumed that there might have been an application to strike him off the rolls in Ireland, as in England; but he could not find that either one step or the other had been taken against Mr. Bolton. All that was left was the Petition in Bankruptcy, and the proceedings which were now pending in the Court at Belfast. It was admitted that that House ought not to be influenced by those proceedings. Reference had been made to the fact that Mr. Bolton had not appeared when he was called upon to appear as a witness in Court in the case now pending at Belfast. He thought the right hon. Gentleman the Chief Secretary had put that matter very fairly. He might, of course, have been examined from one end of his life to another; and until some case was made out by the other side to justify the libel it was not for Mr. Bolton to go into the box at the call of the other side. ["Oh!" from Irish Members. ] He hoped that hon. Members would hear him out. If a plaintiff was required by the defendant to appear in the witness-box, the defendant had the means in his own hands of putting him there. He might summon him by subpœna, and ask him pretty well what questions he liked, treating him even as a hostile witness. Therefore, he did not think much importance attached to the refusal of Mr. Bolton to go into the witness-box in this instance. In all probability the telegram which had been referred to was founded upon some observation in Court—such as "Where is Mr. Bolton?" or something of that kind. Nor did it follow that Mr. Bolton would not present himself as a witness at the proper time. Then it was said that Mr. Bolton had presented a Petition in Bankruptcy. Now, as he understood, the bankruptcy was brought about in consequence of some unfortunate purchases which Mr. Bolton had made in the Landed Estates Court of Ireland. Mr. Bolton had fancied the purchases he made to be of very much larger value than they turned out to be. Many other gentlemen had made mistakes in the purchase of land, and had lost something in con- sequence. The Committee had a right to assume that, being pressed by his creditors, Mr. Bolton had presented a Petition in the Court of Bankruptcy for the proper administration of his estate, in order to secure that it should be duly administered among his creditors generally. It would appear from the investigation, when it took place, whether the circumstances attending the bankruptcy were discreditable to Mr. Bolton or not; and, therefore, he did not see that there was sufficient ground for taking steps against Mr. Bolton until the circumstances of the bankruptcy were disclosed. Until those proceedings were fully heard, he did not think it would be right to suspend Mr. Bolton during the pendency of the bankruptcy proceedings he had invited. Of course if it turned out that the circumstances of the bankruptcy were discreditable to him, or that there had been anything fraudulent in his transactions, the case would be different, or even if it shout turn out that the bankruptcy had been brought about by undue means, such a extravagance, or wanton expenditure, it would be another question, and the Government would have it in their power to deal with him; but until that fact was ascertained, he did not think there was any ground for the refusal of his salary. If it were purely a bankruptcy of misfortune, not attributable to the fault of the bankrupt, it would be a harsh thing that he should at once loss his appointment.

said, he thought the point raised by the hon. Member for Salford (Mr. Arnold) was really the one which the Committee were called upon to consider. As to the trial at Belfast, it seemed to him that the Government were wise in not throwing the weight of a feather in either scale. The simple question was, what was the ordinary rule of the Service in the case of the bankruptcy of a public servant? If it was the rule in other Departments b suspend a public servant in the event of bankruptcy where the bankruptcy was the act of the servant or of his creditors there ought to be no difference made in Mr. Bolton's case. He knew the case of young officer in the Army who had undertaken to pay his father's debts by instalments, and, having failed to do so bankruptcy proceedings were brought against him; and he (Mr. Illingworth) was told that, in spite of all the interest brought to bear to save this youug officer, he had been compelled by the Commander-in-Chief to resign his position. What he held, and what every right-minded man would hold, was that if the rule ordinarily observed was suspension there ought to be no exception made in the case of Mr. Bolton. Of course, if any of the charges now made against Mr. Bolton were substantiated, then it was clear that suspension would not be sufficient, but that it must be followed by absolute dismissal with disgrace. All he said was that the Government would not be justified in this case in deviating from the clear and well-understood rule in all other cases when a man was overtaken by embarrassment in regard to his pecuniary circumstances, and matters had proceeded so far as to involve a Petition in Bankruptcy. It seemed that the proper course which ought to be taken in this case was to suspend Mr. Bolton.

said, he had understood on the last occasion this question was before the House that it was stated from the Treasury Bench that there was no certain rule laid down as to bankruptcy or arrangement with creditors. Of course, there were bankruptcies and bankruptcies; and, therefore, it was absolutely impossible to lay down an absolutely rigid rule. Last Wednesday the statement made was that the presentation of a Petition for arrangement, or even adjudication, in bankruptcy would not, ipso facto, necessarily cause dismissal from the Public Service, and it was pointed out that every case must be considered on its own merits, and on the circumstances which brought the bankruptcy about. As an illustration to show the reasonableness of this rule, the case was given of a person who had been trustee of moneys invested in shares in the City of Glasgow Bank. The failure of that bank had brought about the ruin of such trustee, whose own affairs were put into the Bankruptcy Court, with the result that the trustee was adjudicated a bankrupt. Now, it was obvious that such a bankruptcy was perfectly consistent with the entire innocence of the man who was made bankrupt, and it would be an extreme hardship to subject a man under such circumstances, who ought to have the sympathy of all persons, to a dismissal which would deprive him of the only means he had of effecting a settlement with his creditors. He did not assert that that was the case here, and he did not pretend to have any special knowledge of the rules enforced either in the Army or in the Public Service. But the statement from the Treasury Bench on Wednesday last was not challenged or contradicted in any part of the House; and he was bound to say that it seemed to him to be a rule which, if applied with discretion, would recommend itself to the common sense of everyone.

said, it was quite possible that a man might become bankrupt by accident or misfortune, and many bankrupts were neither fraudulent or disreputable persons. In his part of the country he was satisfied that many persons whose estates were administered under the Bankruptcy Act, and who were held to be bankrupt, had become so by misfortune; but in this case it was evident that Mr. Bolton was a man of questionable character, and while legal proceedings were pending against him in the Courts of this country the Government, having full knowledge of the proceedings, not only took no steps against him, but actually promoted him. In this case, instead of suspending him or instituting a full inquiry into the charges against him, his superiors acted as his protectors. He (Mr. Joseph Cowen) maintained that the Government were fully aware of Mr. Bolton's antecedents, and therefore he should support the Amendment.

said, he also intended to support the Amendment for the reduction of the Vote, and he agreed with the Mover of the Motion in the opinion he had expressed that the Law Charges in Ireland were altogether swollen beyond the necessities and requirements of the case. His hon. Friend the Member for Sligo (Mr. Sexton) had shown the Committee that there had been very little diminution in these charges, notwithstanding the fact that there had been a very considerable diminution in the crime of the country, and not only in the crime of the country, but in many other respects. The one thing which would not diminish, so long as it was possible to keep it up to high water mark, was the Law Charges, the fees paid to lawyers and policemen, the reward of spies, informers, Crown Pro- secutors, and all the rest of them. Those charges were kept up at the highest level, notwithstanding the fact that crime and outrage were decreasing, and the population and wealth of the country were also decreasing. No doubt there had been a high old time for the lawyers, who had an interest in keeping up the Law Charges as long as they could. This class of people had been rolling in wealth and wallowing in the public money for years past; and, of course, it was very desirable on their part to continue the same game as long as possible. As regarded George Bolton, he had been the pet of Dublin Castle—the pet of the Executive, and the Public Service of that country. He had not one salary only, but many; and yet, out of those many salaries, he could not afford to pay his creditors. He enjoyed an income from the Government of £2,000 a-year. He contracted debts to the amount of £100,000, and he found that the Government and the House of Commons did their best to shield and shelter him. He (Mr. Sullivan) had seen the evidence of what had occurred recently in Dublin, when the Judge of the Bankruptcy Court kindly consented to postpone the hearing of Bolton's case in order that Mr. Bolton might have an opportunity of obtaining damages at Belfast. That was the sort of support he got from men in high office in Ireland. When they came into that House—the highest Court of Justice—they found an endeavour to postpone the Votes lest the fair fame of Mr. George Bolton should suffer. They found Ministers of the Crown standing up and defending him when there was a clear case against him. Using the word "Crown" put him in mind that in Ireland Mr. George Bolton was "the Crown;" that admirable gentleman, in conducting prosecutions in Ireland called himself "the Crown," and the Judges and Magistrates referred to the excellent and famous George Bolton as "the Crown." Ought not the Government to be ashamed at such a name being applied to such a man, and that such a man should be retained in the Public Service? He said it was a public scandal that these things should be; it was one of the many scandals connected with the Government Departments in Ireland, and the Government had good reason that night to be ashamed of it.

said, he was not quite sure whether the Treasury Minute of November, 1868, had been read to the House; but it had been very often cited, and it might be well to read the exact words, which were as follows:—

"In the event of any civil servant being arrested, or being adjudicated a bankrupt, or entering into a composition with his creditors under the Bankruptcy Act, he will, on the fact being known, be suspended from duty and from salary, and he will not be reinstated unless, after examination of the facts and of the schedule prepared for the Court, it shall appear that his difficulties have been occasioned by misfortune, and not by extravagance or culpable improvidence, or unless the case shall be characterized by previous circumstances of extenuation."

That was the measure which the Irish Government were anxious to apply to Irish Civil servants; they included Mr. Bolton in that category, and that measure, and no other, they proposed to apply to him. The question obviously was, whether he had hitherto come under any one of the first three heads—being arrested, or being adjudicated a bankrupt, or entering into a composition with his creditors. What was the meaning of "adjudicated a bankrupt?" That was the point, and he was not willing to state the opinion of someone on the Treasury Bench on so purely legal a question; but they proposed to lay the case before the Law Officers, and likewise to apply to the proper authority, whom he would not then name, to ascertain what was the practice in the English Civil Service; and exactly that practice, so far as it could be ascertained, would be followed in this case. This was a clear statement of the course which the Government proposed to take, and he earnestly hoped it would be satisfactory to the Committee.

said, he thought the Committee were in a position of some difficulty, because they had not had much light from the Chief Secretary to the Lord Lieutenant of Ireland, or from the right hon. and learned Gentleman the Member for the University of Dublin (Mr. Gibson), who contented himself with the oracular remark that there were bankruptcies and bankruptcies, and then sat down and left the Committee where they were before. The Committee wanted to know the rule that was in force in the Service from official sources, and that had been clearly stated by the right hon. Gentle- man who read the Treasury Minute. And they wanted to ascertain clearly the course which the Government intended to pursue, and they learned that it was one which differed widely from the course they had taken in other cases, because it appeared by the Minute that where a man was arrested or adjudicated a bankrupt, or made a composition with his creditors, he was to be at once suspended from the Public Service. He understood that, under the new Bankruptcy Act, the first step to be taken in order to make a composition with creditors was to file a Petition; and though he did not state it as a question of law, he was informed that a composition could not be made without first filing a Petition in Bankruptcy. At any rate, the fact remained that, on the 24th of June last, Mr. Bolton filed a Petition in Bankruptcy, with a view to compounding with his creditors; and, without sympathizing with hon. Members behind him in their attack on Mr. Bolton, he did not see why a rule should be laid down for him different from that applied to others. Nor did he see why the fact that Mr. Bolton was attacked by a certain party and defended by others should give him a privileged position. They had Mr. Bolton applying to the Bankruptcy Court on the 24th of June last, with a view to compounding with his creditors. Why, then, did not the Treasury Rule come into operation? Not only did the Rule not come into operation when Mr. Bolton filed a Petition in Bankruptcy, but he doubted whether it would have come into operation at all but for the question having been raised by hon. Members behind him. If Members of that House and of the House of Peers became, during the time of bankruptcy, incapable of discharging public duties, he would ask the Prime Minister whether he thought that exceptional treatment should be adopted in the case of a legal official in the Public Service, and whether he thought it advantageous with regard to Ireland that an official who had come very prominently before the public, and who occupied a position which exposed men to much adverse criticism—namely, that of Crown Prosecutor—that such an individual should be singled out above all other officials for exceptional treatment? He thought, if it were necessary, as a general rule, to exercise care in administration, that extreme care should be exercised when the Irish Government was concerned, because, unfortunately, the Irish Government did not enjoy the respect of the great majority of the people of Ireland; and he could conceive nothing more likely to stimulate the unpopularity of that Government than that the House of Commons should be led to understand that an official of the Government was to be exempt from the operation of one of the ordinary Rules of the Public Service.

said, he could venture to assure the noble Lord that nothing was further from the intention of the Government than to apply an exceptional mode of treatment to the case of Mr. Bolton. The whole question was this. What was the rule of the Public Service, and what was the just application of that rule? The question put by his hon. Friend the Member for Bradford (Mr. Illingworth) a few minutes ago had been answered by what had been read by the Chief Secretary to the Lord Lieutenant of Ireland from the Treasury Minute of November, 1868. When the noble Lord spoke to him he had no recollection in the matter which was very serviceable; but his recollection was, that the administration of the Minute had generally been in conformity with what had been said by the right hon. and learned Gentleman the Member for the University of Dublin (Mr. Gibson)—that there were bankruptcies and bankruptcies—that was to say, that everything depended upon the character of the bankruptcy. It might be said that this was with regard to the ultimate steps to be taken, and that suspension was not inevitable in any case; but suspension was not invariably insisted upon, and there was the case of a person in the Education Department, whom it would not be necessary to name, holding an important situation, who was actually adjudicated a bankrupt, but who was not suspended for an hour, so far was the nature of the case known to be in his favour. That, however, he admitted, was not a case in the same sense. It appeared to him that there was no room left for doubt. The Minute of November, 1868, was clearly in the nature of a penal law, and, being so, it was the duty of the Treasury to administer it strictly; and, whatever might be the amount of feeling in that House, it was their duty to ascertain its legal construction—not stretch its application—and that his right hon. Friend said was being done by the best means in his power. The Secretary to the Treasury was said to have been defending Mr. Bolton; but the extent of that defence was to see that strict justice was administered to him. He had one addition to make to what had been stated by his right hon. Friend, which, he thought, would satisfy the Committee. His right hon. Friend had promised that he would obtain the best legal judgment he could of the meaning and construction of this Rule; and to that he might add, as it was fair matter for discussion, that if this Vote were now allowed to pass, the Government proposed that the Report of the Vote should not be taken until his right hon. Friend had obtained the judgment he sought. He hoped the Committee, under the circumstances, would see that, if the Vote were passed, this question could be raised at a time when the Government would be in a position to state decisively their course.

said, they were entitled to demand from the Government to take immediately a step which they were clearly not disposed to take. He failed to discover any reason in the statements of Members of the Government why this should not be done. The right hon. Gentleman the Chief Secretary to the Lord Lieutenant of Ireland had read a Treasury Minute to the Committee, the existence of which was quite as well known to the Government on Wednesday last as it was that night, Now, that Minute provided that if a Civil servant became bankrupt, or entered into a composition with his creditors, he should be suspended in consequence. What was the position of Mr. Bolton? He had filed affidavits in the Court of Bankruptcy; one of them, dated the 2nd of July, was headed "In the Bankruptcy Court, Ireland, in the matter of George Bolton. Petition for arrangement." He (Mr. Sexton) said then that Mr. Bolton had entered into a composition with his creditors, so far as it was possible for him to do so. He had done all in his power to make a composition with his creditors; and he maintained that, applying the rule of the English Civil Service, the Government were bound to suspend him. They were told that action would be taken when the construction of the Minute was ascertained; but he said that Mr. Bolton ought to be suspended now. No doubt, as it was said, there were bankruptcies and bankruptcies—so much the worse for Mr. Bolton, for a bankruptcy like his had not been seen for a long time. Judge Walsh had declared his conduct towards his own relatives and family to have been of a fearful character, and yet the Prime Minister contended that there were reasons for still further delay. He would not go so far as to say that if the Government agreed to take the Report of the Vote at a reasonable hour, and undertook before that to ascertain the law, they might not change the character of their present opposition to the Vote.

said, the term "reasonable hour" was a relative one. As Mr. Speaker had stated the other day from the Chair, it did not mean exactly the same thing in August as it did in the month of May. With that reservation he was prepared to assent to the proposal of the hon. Member.

said, he supposed the Government meant by a "reasonable hour" 9 or 10 o'clock. [Mr. GLADSTONE dissented.] No doubt, then, they considered 1 or 2 o'clock in the morning a reasonable hour. They had just had an instance of that, for the House had been discussing the Irish Magistrates Bill until 5 o'clock that morning. But there was one point about which he should like to have some information at the present moment. Mr. Bolton had committed flat perjury on Thursday last. What notice had been taken of that by the Government? He swore before Judge Walsh, in order to procure a postponement, that he required an adjournment on the ground that he was a material and necessary witness. His words were—

"I say I am a material and necessary witness, and I believe a material witness for myself on the trial of both actions."

That affidavit was sworn in the Bankruptcy Court on Thursday last. But what had occurred to-day in Belfast? After swearing in the Bankruptcy Court the other day that he was a necessary and material witness for himself for the purpose of procuring a postponement, Mr. Bolton declined to go into the witness box at Belfast. Now, he asked, what notice were the Government going to take of that affidavit? Here was a man charged with a series of crimes by the hon. Member for Mallow (Mr. O'Brien) in United Ireland; he had been called by that hon. Member everything but one thing; and, notwithstanding the affidavit he had made, his case had to-day been closed without his daring to go into the witness box. They asked the postponement of the Vote; but he must say it was not merely as a bankrupt that he impeached Mr. Bolton. He regarded him as a fraudulent, perjured swindler, all along the line. He cared nothing whether he was a bankrupt or not. However his bankruptcy might go, or whatever might be the verdict, he said it was a disgrace and a scandal for the Government to keep the case over the Belfast Assize. Then they were told that it was a question whether Mr. Bolton's bankruptcy was of a character which ought to carry with it the penal action prescribed by the Treasury Minute. He would ask, who were the people seeking to make Mr. Bolton a bankrupt? Why, it was his wife's trustees, who claimed to the extent of £26,000; and it was with regard to that money that Judge Walsh declared that Mr. Bolton had acted in a fearful manner towards his wife. Bolton had been let off by the late Lord Chancellor Law in this way—he produced a letter from his wife stating that if she got this £26,000, she was willing that her husband should continue in the Public Service—she did not want, so to speak, to take the bread out of his mouth. Having entrapped Lord Chancellor Law into continuing him in his position, what did he do? So far from paying the £26,000, he had pocketed the money which he got by a fraudulent deed; he had acted as a fraudulent trustee, and in a way contrary to the rules of the Profession, and in such a way that the Judge declared that he ought to be struck off the Rolls. And now it was his wife's trustees who were seeking to make him bankrupt in Dublin. Such was the man whom the Government retained in the Public Service. The declaration of the Judge alone, with regard to his conduct, he should have thought would have been sufficient to induce the Government to come to a speedy issue in this matter. Whether the Rule of 1868 applied or not, George Bolton was not the man whom it was desirable should conduct prosecutions in Ireland. Hon. Members on those Benches had pointed out his acts in that House; they had shown exactly the position in which he stood to English Gentlemen, not once but many times.

said, the right hon. and learned Gentleman the Member for the University of Dublin (Mr. Gibson) had used the expression with regard to this case that there were "bankruptcies and bankruptcies;" and the Prime Minister also appeared to convey that the nature of the bankruptcy should be considered; but one of the most extraordinary excuses for Mr. Bolton was that which had been put forward by the right hon. Gentleman the Chief Secretary to the Lord Lieutenant of Ireland. Mr. Bolton, it appeared, had bought a lot of land; he had raised the rents, and when he was wringing out of his unfortunate tenants sufficient to pay his debts, that laudable object was defeated by the operation of the Land Act. He (Mr. Dawson) asked whether that would be considered an extenuating circumstance when Mr. Bolton's bankruptcy was considered? Would any man, who had acted as Mr. Bolton had acted, be allowed to remain member of a London Club, an institution which, of course, had no responsibility, as the Government had, towards the people of Ireland. He wished to say a few words on a subject referred to in connection with this Estimate before the Prime Minister entered the House. There were remarks made upon the payments by fees instead of by salary, in the case of the legal officials in Ireland. That practice, payment by results, pervaded the whole system of Government in Ireland. It was the cause of the delay in the administration of the law, because every delay was money to the Law Officers; it was profit in the hands of those who denied justice; and the people of Ireland in consequence did not get that justice which, as the Attorney General for England said, the English people so much respected. The right hon. Gentleman the Chief Secretary pointed out that the hon. Member for Sligo had forgotten to refer to the £15,000 in the Supplementary Estimate, which he should have taken into his calculation. But how, he asked, were hon. Members to have information which was not put into their hands until it was too late to be considered? The right hon. Gentleman the Prime Minister had disestablished the English Church in Ireland; the right hon. Gentleman must also disestablish that hierarchy of people in Ireland, who held their position on the pernicious system of payment by results, if he would complete the improvement of the condition of the Irish people. It had been shown by evidence given before the Committee sitting to inquire into the prisons' system that there were Assizes in Ireland without crimes to try, and prisons without prisoners; and, therefore, that there was no need for the expensive arrangements with which the country was saddled, and no reason for this enormous expenditure on prosecutions and law establishments. They had no Assize business of any moment; and, therefore, it came to this—that if the men who were receiving the enormous salaries complained of were to give some value for the money they received, crime must be directly promoted, so that there would be some justification for the great Law Charges in Ireland. He agreed with the hon. Member for Sligo (Mr. Sexton) that the Solicitor General for Ireland (Mr. Walker) was very badly paid. He (Mr. Dawson) had a very high opinion of the conspicuous professional ability of the hon. and learned Gentleman, and he should certainly be disposed to give him a salary commensurate with his abilities; but to give a salary of £5,000 a-year, and fees to the amount of £8,000 a-year, pointed the moral of the tale which the Irish Members were anxious to lay before the Committee. He trusted that at no distant date public officials in Ireland would be paid by some fixed salary.

said, there was just one point he wished to direct attention to with regard to Mr. George Bolton. He was perfectly satisfied with the assurance given to his hon. Friend by the right hon. Gentleman the Prime Minister, and he believed that that the inquiry which the right hon. Gentleman had promised to make could result in nothing but that which he (Mr. Harrington) and his hon. Friends had for some time been fighting for. He wished, however, to point out to the Government what the position of Mr. George Bolton was at the present time before the Court of Bankruptcy. As a matter of fact, Mr. George Bolton pledged the Government and the character of the Government and the Treasury in trust to his creditors. Now, that was a position which the Government ought immediately to take steps to disassociate themselves from. The chief objection to the position Mr. Bolton had assumed was that he pledged himself to give out of his salary a sum of £300 a-year to his creditors as a portion of his arrangement. Now, he thought it should be made clear at the earliest possible moment to Mr. Bolton and his creditors that while the Government was considering the question of the character of the bankruptcy—that was to say, considering whether Bolton had been brought into Court by his own misconduct or by the course of circumstances over which he had no control—the Government should take steps to secure that his promise to pledge them and their credit should not be a portion of any arrangement which he proposed to make with his creditors. He (Mr. Harrington) was sure the right hon. Gentleman the Prime Minister would see the justice of that suggestion. In the first place, what he suggested was only just to the country. It was not that a public servant, whose conduct was to be made the subject of an official inquiry, should be able to pledge the credit of the Government as one of the means he intended to employ in order to escape from the position he had been reduced to. Then, again, it was not just to the creditors that Bolton should be able to state to them that he would allocate the sum of—300 a-year out of his salary. The creditors knew the man's position in the Government of Ireland, they knew the character of the man, they were aware of the influence he had with the Executive, and they would naturally imagine that it was only by an arrangement with Her Majesty's Government that he was able to make the offer in question. It was, therefore, of the utmost importance that, at the earliest possible moment, it should be clearly stated that Bolton was not in a position to offer £300 a-year out of his salary until Her Majesty's Government had considered whether his bankruptcy had been brought about by his own misconduct, or by the course of circumstances over which he had no control. That was the only point to which he (Mr. Harrington) wished to direct attention. The right hon. Gentleman the Prime Minister had taken a very judicious and proper course in promising to inquire into this case. No doubt, Mr. George Bolton had for a long time been in the service of the Crown in Ireland; but if the right hon. Gentleman knew the character of Mr. Bolton's services—if he knew the estimation in which those services were held by the vast majority of the people of Ireland—a majority composed of people who differed very widely as to political opinions and religious convictions—he would have no hesitation in saying that the length of Bolton's services to the Crown in Ireland should be no element in the consideration of whether justice ought to be done; whether a man who had misused his position, and who had been a source of vital contention between the Government and the people of Ireland for years, should not be removed from office.

said, he could not fail to admire the Irish Members for the clearness and power with which they had put their case before the Committee. As they always did, they had on the present occasion put their case in the very best aspect before the Committee; but it was impossible to disguise from one's mind the fact that for a considerable time the Committee had been subjected to a repetition of the same arguments, the same phrases, and the same expressions, all of which led to the same conclusion. He put it to hon. Members opposite whether, when they had once stated their case with great fulness, and with the skill and power which was characteristic of their race, it was not fair to the Committee generally that they should be allowed to proceed with the work in hand? Was it not particularly reasonable that hon. Gentlemen should allow Business to be done on the present occasion, inasmuch as they had extracted from the right hon. Gentleman the Chief Secretary for Ireland a pledge, as distinct and clear as it was possible to be, that before the matter proceeded one step further, it should be fully considered in all its bearings? Furthermore, the pledge had been given that Mr. George Bolton should be placed on exactly the same footing as that on which any English Civil servant stood. What more could be asked? If the pledges of the Government were accepted, why discuss the subject further? If they rejected the pledges of the Government, of course, the question assumed an altogether new phase. He hoped the Irish Members would now be content with the assurances of the Government, and allow the Vote to be taken.

said, that, inasmuch as the assurance had been given that the subject should be discussed on Report, it would be rather hard on the Committee and on the Government, if hon. Gentlemen insisted on debating it now. It was generally admitted that the offer of the Government was a fair one; and, therefore, he thought he would not be asking too much if he asked that the Committee should now be allowed to proceed with its Business.

said, the right hon. Gentleman the Prime Minister had made an offer which, under all the circumstances of the cases, was a fair one, and one which the hon. Gentleman the Member for Sligo (Mr. Sexton), before he left the House, commissioned him to accept in his name. But before doing so, he wished to direct the attention of the Committee to two points with reference to this matter. First of all, they might fairly ask that the decision of the Government with regard to the suspension of Mr. Bolton should be taken without any unnecessary delay. They were entitled to ask that, because it was two months since this matter was first brought to the attention of the Chief Secretary to the Lord Lieutenant, and he (Mr. Parnell) was certainly entitled to say that so far there had been very unreasonable delay on the part of the right hon. Gentleman. It was only now, after the lapse of two months since the differences in the customs regulating the English and Irish Civil Services was first brought before the notice of the House, that the Irish Members were told that the Irish Executive would inquire how far the suspension of Mr. Bolton would be necessitated by following out the custom of the English Civil service. Under the circumstances, he thought he was entitled to ask, firstly, that there should be no unnecessary delay in coming to the decision with regard to Mr. Bolton's suspension; and, secondly, that the Report of this Vote should be brought on at a not unreasonable hour—say, after 11 or half-past 11 o'clock at night. He had now to ask, in the name of his hon. Friend the Member for Sligo (Mr. Sexton), for leave to withdraw the Amendment.

Motion, by leave, withdrawn.

Original Question again proposed.

said, he did not rise for the purpose of continuing the discussion with regard to the case of Mr. Bolton; but there were one or two points on this Vote which he should like to bring under the notice of the Committee. He should like, in the first place, to say, in passing, that if Irish Members were sometimes forced to repeat arguments, it was owing to the stolid indifference with which their arguments were received by the Members of the Treasury Bench. One of the points to which he wished to direct attention concerned the Law Adviser to the Crown. It seemed, from a foot-note, that the salary attached to this Office had ceased; and what he desired to know was, whether it was proposed to discontinue it altogether? The second point to which he had to refer was that some time ago he called attention to the conviction of two persons at the Cork Winter Assizes of last year. The name of the persons convicted was Delahunty, and the significant point in the case was that one of the witnesses examined had since died; but immediately before his death he made a declaration to the effect that a policeman had induced him to swear against the prisoners, although, as a matter of fact, he knew nothing at all against them. That dying declaration was of so unusual a character that the Chief Secretary decided to submit it to the Judge who tried the case—Mr. Justice Barry—and to ask the learned Judge's opinion as to its bearing upon the conviction. Seeing that that dying declaration was submitted to Mr. Justice Barry six weeks or two months ago, and seeing that the Delahuntys were still in penal servitude, and knowing, as he (Mr. Kenny) did, they had been convicted on the most trivial evidence, a portion of which, according to the dying declaration of a witness, was suborned, it would be of great interest to the people of the district in Ireland to which the prisoners belonged, and also of great interest to many Members of the House, to know what the opinion of the learned Judge was in the matter. He (Mr. Kenny) gave Notice last night of his. intention to ask further questions of the Chief Secretary on the subject next Friday, in order that, perhaps, the right hon. Gentleman might, when the Vote was taken—he (Mr. Kenny) was not aware it would be taken to-night—be in a position to make some explanation regarding the case of the unfortunate men in question.

said, he should prefer to say nothing upon the question that night. His impression was that the papers were still with Mr. Justice Barry. He would attend to the matter at once, and he had no doubt that by Friday he would be in a position to answer the question of the hon. Gentleman the Member for Ennis (Mr. Kenny). He had no difficulty, however, in answering the question with regard to the Vote for the Law Adviser. It was absolutely necessary that the Government in Dublin—at any rate, it had been thought necessary during the last four or five years—should have someone who could fill the part of Law Adviser. That position was filled at present by the Attorney General for Ireland (Mr. Naish). If the time should ever come when the Attorney General for Ireland and the Solicitor General for Ireland (Mr. Walker) both found seats in the House of Commons, it would become necessary to consider whether a Law Adviser should be appointed. He assured the hon. Gentleman that the Office would not be revived unless the services of a Law Adviser would warrant the payment of his salary. That contingency had not occurred, and he conceived it would not occur for some little time to come. He trusted the hon. Gentleman would be satisfied with his assurance as to the case of the Delahuntys.

said, of late it had been very difficult to get opinions on legal subjects from Dublin Castle. He did not know whether that arose from the lapse of the Office of Law Adviser; but he hoped that in future it would not take three or four months to get an opinion from the Law Officers with respect to a very simple point of law. There were two other items in the Vote which struck him as very remarkable. One was the increase in the Estimate for the support of Crown witnesses. He presumed that the Estimate was for the year beginning on the 1st of April, 1884, and ending on the 31st of March, 1885, so that the £1,000 which was put down for the support of Crown witnesses was pure guess work. But the charge was £250 in excess of the amount which was required last year. Now, they all knew that criminal prosecutions in Ireland, especially prosecutions of that character in which it was necessary for the Government to get under their control, and to keep under their control, for a considerable period persons who were required to swear against others charged with serious crimes and offences had greatly diminished; and, therefore, he was anxious to receive some explanation of the extra amount which was asked for. The other item he had to bring under notice was the defence of prisoners in case of murder. Now, the fees which were paid by the Crown under the Prevention of Crime Act to counsel who were engaged to defend prisoners were notoriously small; indeed, they were so small that it frequently happened—it happened in the case of the Phoenix Park murders—that the prisoners were deprived of the most efficient legal advice which was obtainable, and which, if it had been obtained, might have seriously altered the aspect of affairs. The item for the defence of prisoners was increased by the sum of—85. In view of the diminution of cases of murder, it was very surprising that the expenses in connection with them should have increased in so striking a manner.

pointed out that the item for defence of prisoners charged with the crime of murder had no reference to the cases of murder which came under the Prevention of Crime Act.

said, that some time ago his hon. Friend the Member for Sligo (Mr. Sexton) asked the Chief Secretary to the Lord Lieutenant a Question with regard to the case of the Tubbercurry prisoners, and the right hon. Gentleman read a telegram which had been received from the prisoners' solicitor, asking that those of them whom the Government intended to bring to trial should be brought to trial at once before the Dublin Commission, and waiving, on their behalf, the usual notice of trial which prisoners were entitled to receive. He (Mr. Parnell) would be glad to know whether the matter had received the attention of the right hon. Gentleman in the interval which had occurred, and whether he had any announcement to make?

said, the Government would be very glad to bring these prisoners to trial at the earliest possible moment; but, as the hon. Gentleman must see, it would be impossible to dispense with the usual notice, because the result would be a mistrial.

said, the prisoners could not be tried at the coming Commission. It was impossible. [Mr. PARNELL: Why?] Because there was not sufficient time to serve the notice of trial; the earliest day the men could be tried would be some day in October.

said, he thought that the statement of the hon. and learned Gentleman was monstrous. It was now some weeks since the postponement of the trial of these prisoners was obtained from the Judge at the Sligo Assize, on the ground that the trial could not fairly take place in Sligo. [The SOLICITOR GENERAL for IRELAND (Mr. Walker): Not very long ago.] It was more than 10 days ago; that was to say the Crown had ample time, and more than ample time, to servo the requisite notice with regard to the trial of these prisoners at the August Assize. Did he understand the hon. and learned Gentleman adhered to that statement as a matter of fact? [The SOLICITOR GENERAL for IRELAND (Mr. Walker): I do.] He should like to know why it was, if the only motive of the Government, with regard to the case of Mr. Fitzgerald and the other Tubbercurry prisoners, was to secure a change of venue, in order to obtain a fair and impartial trial, they did not proceed to take steps for a trial elsewhere immediately after they obtained the postponement of the trial? What were the Irish Members and the Irish people to infer from the conduct of the Government in this matter? Was it the opinion of the Government that it was undesirable to keep untried prisoners in Ireland awaiting trial for lengthened terms; and if it be not the opinion of the Government that it was so undesirable, then all he could say was that all the understandings, and protests, and accusations upon which the Government obtained the powers conferred upon them by the Act of 1882 for changing venues would be utterly thrown on one side by their conduct with reference to this case. Having regard to the whole course of the Crown prosecution with reference to the Tubbercurry prisoners, it was monstrous that a Liberal Government, having resorted to the policy of delay from the very commencement of these proceedings, after having obtained repeated adjournments of the proceedings before the magistrates, after having postponed the trial before the Sligo Assize upon flimsy pretexts that the act of another person in connection with the prisoners had prejudiced the chance of the Crown obtaining a conviction—he said it was monstrous they should not have immediately proceeded, with all the machinery at their command, to put the men upon their trial in a Dublin Court. What had the Attorney General for Ireland (Mr. Naish), with his swollen salary and his enormous fees, which the Committee were asked to pay him, to do but to attend to matters of this kind? He (Mr. Parnell) asserted it was monstrous that the Government should lose a single minute in taking the necessary steps to bring these Tubbercurry prisoners to trial. On a former occasion his hon. Friend (Mr. Sexton) read a telegram, which he had received from the solicitors to the parties, offering to waive the customary notice; but the hon. and learned Gentleman the Solicitor General for Ireland now said that the waiver would be of no use, and that it was impossible to bring the prisoners to trial on the 5th of August, as 10 days' notice of trial must by law be served on the prisoners, and that it was not in the power of prisoners in criminal cases to waive that duty on the part of the Crown. But this matter was under discussion four or five days ago in Committee, and the demand was specifically made that the Government should bring these men to trial at once. A telegram was sent from the prisoners claiming to be placed on their trial at the forthcoming Dublin Sessions; and the Chief Secretary replied, in the usual stereotyped fashion, that there was no unnecessary time being lost. He had another telegram from one of these longsuffering men from Sligo Gaol—

"Please press the Chief Secretary to put us on trial at the Commission which opens early next month in Dublin."

In the face of the repeated delays and subterfuges resorted to by the Government, if these men could not be placed on their trial next month, the only other honest and straightforward course open to the Government was to release them all on bail. How could they trust the declarations of the Government that they would bring these men to speedy trial, when this was the way in which a number of prisoners were bandied about, and kept in prison for seven months, as they would have been next October, which, according to the Solicitor General for Ireland, was the next earliest time when they could be put on their trial? The truth of the matter was that, from the first moment of their arrest, the Government had no case against them, and they knew it. They were fishing for evidence, and were attempting to work on the fears of the prisoners, and in that illegal manner to induce them to turn Queen's evidence against each other. They had a wretched informer, a man whose character was so bad that the Government were obliged to apply for a change of venue, because they could not produce this wretched character in the box as their sole reliance, in a district where his character and history were so well known. What evidence had they against Mr. Fitzgerald, one of his constituents in Cork? He was a gentleman whom he had known for years, and was as incapable of any dishonourable act as the Chief Secretary himself; and he would say that, although Mr. Fitzgerald had opposed him more than once in political matters. He was arrested in the streets of London opposite Scotland Yard five months ago, and the English newspapers were at once instructed to insert paragraphs about his arrest, saying that it signalized the arrival in London to show what a great man he was, and how speedily he could unravel the designs of the rebels against the Queen. He was arrested without a warrant. They had heard the other day of the unwillingness of the police to arrest persons accused of the most horrible offences without warrant; but there was no such unwillingness in the case of Mr. Fitzgerald. He was arrested without a warrant, and the English papers were at once instructed to say that the chief of the dynamiters had been discovered. He was then hurried over to Ireland and put in prison in Dublin; he was then sent to the prison in Sligo, and a rumour was sent round by the Crown officers that he had turned Queen's evidence against the persons who had been previously arrested. Every attempt was made to prejudice his case and excite public opinion in this country against him. Then he was charged with treasonfelony; then with conspiracy to murder; next the charge of conspiracy to murder was withdrawn, and the charge of treason-felony only was proceeded with. In 1882, when the Prevention of Crime Act was being passed, the Prime Minister and the Home Secretary gave an assurance that these charges of treasonfelony should not be raked up against men under the provisions of that Act, and he now claimed the fulfilment of that pledge. In view of the fact that the Government had taken the necessary steps to bring these prisoners to trial at the Special Commission in Dublin and not at Sligo, and that there had been abundant time to serve the notices on the Judges in Dublin for a change of venue, there was now no course open to the Government but to release these men on the solid and substantial bail they were prepared to give. They would all come up for trial when the time arrived. It was abominable and infamous that the wives and families of these men should be left in starvation owing to the illegal conduct of the Government towards these prisoners. He could not see what difference there was between the state of affairs in Ireland now and last year under the Prevention of Crime Act of the present Chief Secretary and under the Coercion Act of the former Chief Secretary (Mr. W. E. Forster). The right hon. Member for Bradford kept a vast number of men in prison for a long time without trial under the ordinary laws; and it was not right, or just, or Constitutional, or in accordance with the traditions of the Liberal Party, that this course of conduct should be persisted in, and he demanded from the Government the release of these men on that solid and substantial bail they were prepared to offer, or else that they should be at once put upon their trial.

said, the Chief Secretary would do well to listen to the advice of the hon. Member for the City of Cork (Mr. Parnell). It was evident that the Government had been doing all in their power to delay bringing these men to trial; and although, no doubt, the Solicitor General for Ireland was technically accurate when he said there would be no opportunity of accepting the offer of the prisoners to bring them to trial before October next, yet he wished to draw attention to this fact—that a true bill had been found against these men at the Sligo Assizes. It was not necessary that they should be put on trial at the opening of the Commission in Dublin. A true bill having been found against them by the Grand Jury in Sligo, it was not necessary to have their case submitted to the Grand Jury in Dublin. If the Commission was to last several days in Dublin, was there not still time to serve the 10 days' notice of bringing these men to trial before the end of the Commission? If not, then he would ask the Government to recognize the fact that the delay in this case had been all their own. From the commencement these men had been most anxious to be brought to trial, and they had challenged the Government to bring them into Court and try the charge made against them. A postponement was obtained at the recent Sligo Assizes, on the ground that a document had been circulated throughout the country asking for evidence for the defence of these men, and that that had been circulated in order to prejudice their trial. If that was so, the document was certainly circulated a month or two before the day of trial; and if the document was circulated so early as that, the Government had cognizance of it. Why, then, did they not change the venue in time to bring the men to trial on the 5th of August? Whatever might be the interpretation Ministers in London put on the action of officials in Ireland, the people in Ireland would only take one view, and that was that this was only a part of the Government policy in that country for years past. They had taken innocent men and put them in prison, and then worked upon their fears to get some of them to give information against others, and so get convictions against them. If that was not the intention of the Government what was their objection to admit these men to bail? They might, at least, admit some of them to bail. They had said the evidence was not so strong against some as against others; but they had no right to set themselves up as judges of these men. The delays were not the fault of the men, but of the Government, and it was quite time that the Government stated they would not oppose the release of these men on bail. Bad as was the administration of the right bon. Member for Bradford when he was in Ireland; infamous as was the system practised under his règime, the policy of keeping men in prison month after month and year after year without trial was far more infamous and disgraceful than anything practised by the right hon. Member for Bradford. There were now in prison in Ireland men who had been kept there for 18 or 19 months; and some men who had reeently been put upon their trial at Sligo had been kept in prison waiting for trial 18 months. When the man who was charged with and convicted of the murder of a policeman in Galway was put upon his trial he had been kept waiting for 18 months in prison, and whatever means he had of defending himself having been exhausted in that time, when he met his accusers in Court he was unable to meet the charge against him. When this man was convicted a further postponement was obtained of the trial of the other men who had been kept in prison 18 months. He himself had seen them brought to the prison office day after day, and there, without the presence of any of their friends, or of the Press, or any protection such as men in their unfortunate position ought to have had, an informal inquiry was made, and the remand was granted. On no less than nine occasions they were removed, and what was the object? Was it to get additional evidence? No; the evidence obtained at first was not altered in the least, and the evidence upon which they were committed on the last day was the evidence sworn to on the first day. What, then, was the object of the Crown in these repeated applications for delay? Simply to allow the Assizes then being held to slip over, so that the Crown would then not have to make application to the Assizes for an adjournment; and that enabled the Government to get over one Assizes. The March Assizes came on shortly afterwards, and then they claimed an adjournment on the strange ground that they were searching for witnesses, and because they were searching in America for evidence these men were kept in prison six months longer. At the end of those six months there was another opportunity of bringing them to trial; but another application was made by the Crown for an adjournment, and on the very same ground that they were searching for a witness in America. A more monstrous proceeding could not take place in any part of the world—on the flimsy pretext that they were searching for a material witness in America! That material witness in America had not yet turned up, and the Crown could not possibly make an application for another adjournment on that flimsy pretext; but this time they had applied for an adjournment at Sligo, and another remand had been granted. They had no faith in the intention of the Crown to try these men. They believed that their policy with regard to these men was precisely the policy they had been pursuing and intended to pursue with regard to Mr. Fitzgerald and the other prisoners in Sligo Gaol. What had occurred with regard to the man who had been convicted of the murder of a policeman? He had been offered a free pardon if he would give evidence against other men. The Government might say they had not offered that; but so long as they engaged such a man as Bolton they knew what the system was. If the Government wished to free themselves from the character of keeping men in prison in order to give information against others, and to swear away the lives of other men—a character which they held in Ireland, and very well deserved—there was only one course to adopt, and that was to at once consent to the release of these men on bail. He would ask the right hon. Gentleman the Chief Secretary to look at this question in something like a fair spirit. Here was the case of Fitzgerald, 200 miles away from his home and friends. He was first arrested in London. and most infamous rumours were circulated about him by the police officers who arrested him, to the effect that he intended to become an informer, and had offered to do so. That unfortunate man was taken not to Cork, his native place, where he could have communicated with his family and his friends, but to Sligo; and although his material witnesses were in Cork, and all the expense of bringing them to Sligo would fall upon him until his innocence or his guilt was established, yet the Government would not admit him to bail on the substantial securities he was able to give them. What was it the Government wanted? They wanted, he supposed, to put these men on trial. Well, the largest possible security necessary they were willing to give to come up for trial and to meet their accusers and establish their innocence; and if they offered the most solvent security, what was the pretext upon which the right hon. Gentleman defended the action of the Crown in refusing to admit these men to bail? If he wanted to rid himself of the character of keeping men in prison in order to make them become informers and swear away each other's lives, he would no longer justify their continued imprisonment.

said, this Tubbercurry case was a very painful one, and he had no choice but to denounce the course pursued by the Government, as announced by the Solicitor General for Ireland, as a scandalous outrage upon justice. Four months had passed away since these men were arrested. There was no pretence for saying that their conduct in life or their personal character was open to the slightest suspicion. Their lives had been honourable; their position was respectable. They were suddenly seized on the 2nd of April, upon the whisper of an informer, and were taken from their farms in the district of Tubbercurry, and from their shops in the town, and thrown into the gaol at Sligo. The whole course of the Government in regard to these men had been furtive and stealthy. It was the course of men who, conscious that they had no case aginst the prisoners, deprived them of their liberty on one pretext or another in the hope that some man might come and patch up a case against them. The first step taken by the Government was significant of the course they intended to take against these men. It was to refuse the admission of their relatives and their solicitor to the gaol. It had been said, when he had repeatedly called attention to this case, that such cases were few in Ireland. If he had been obliged repeatedly to call attention to this case, it was because at every step he had found the Government, and the agents of the Government in England, determined to pursue these men by mean and cowardly tactics. Why were they refused the right of the admission of their relatives? Why was their solicitor forbidden to see them? Why was it necessary for him to take advantage of the Rules of that House before the ordinary right of prisoners under such conditions to see their friends and their legal adviser was granted? After their arrest, what was the next step? A system of "Star Chamber" inquiry—secret examination. There was an absurd pretence of a judicial inquiry by the Resident Magistrate, who went to Sligo Gaol every eight days. and went through a formal examination of these men. What was there in that proceeding in the nature of a proper examination? No witnesses were examined. The paid agent of the Government went every eight days, and sat down at a desk and received some formal police evidence, and then went through the insulting and outrageous form of further remanding these men, although the principle of the Constitution was that no man should be imprisoned unless there was cause shown. Several weeks had passed away, several remands had taken place, without anything like a proper examination. At last he had succeeded in putting an end to that system; but what happened then? He found, as he had found at every stage of this disgraceful case, that the Government pursued oblique and cowardly tactics such as the right hon. Member for Bradford (Mr. W. E. Forster) was never mean enough to pursue, and while "giving a promise to the ear broke it to the hope." After they had undertaken to abandon this system of secret remand, he had surely reason to expect that they would proceed in a proper way to prove their case in Court, or confess that they could not do so. They had already exhausted all the tactics of their unscrupulous police agents and spies. They had circulated from day to day general rumours with regard to Fitzgerald and the other men. He would invite hon. Members to allow their minds to travel to the prison cells where these men were lying without association with other men; and to consider the state of mind of a man in such a position when a George Bolton or some other agent crept into the cell and told him the abominable lie that some of his friends had informed against him. No matter how innocent that man might be, no one could tell what suspicions might enter his mind, and he might say it was better to save his own name and liberty, at the cost even of perjury, than to allow others to do so at his expense. This was how perjury was promoted. During the weeks following the arrest of these men, society in Sligo was saturated with such rumours by the agency of the police. The police went to every one of these men and told him if he wanted to save his own life and liberty, and to have a fortune by-and-bye, he had better be the first to give information, lest he should be too late. At the same time, they were scouring the county of Sligo day and night for evidence. They established in Tubbercurry an inquisition far more terrible than that of the Star Chamber, and so ruthlessly was that conducted that the aged mother of two of these men was taken by the police to Sligo Gaol, and there subjected to a secret examination. And now, he asked if, after four whole months of constant endeavour to convict these men by resorting to these shameful tactics, it was not time to do either one thing or the other with regard to them? If it had taken so many months to make out a case against them, was there not a strong presumption of their innocence? There had been secret inquiries conducted by a magistrate who had raised himself from a humble position in connection with the Constabulary; but all the skill of Mr. Horne and of the police had not been sufficient to enable them to send the men for trial with a confidence that they would be convicted. Under such circumstances, had not the time come when the prisoners should be set free, or allowed to go out on bail; or, failing these alternatives, to be put upon their trial at once? When did the Government mean to have them tried? When was this private inquiry system to end? When they professed to bring it to an end they only "kept the promise to the ear and broke it to the hope." They distributed the evidence of informers as if it was precious manna—they gave it only in small fragments; it was evidently too rich a thing to be wasted. They would not allow it to be published all at once; and it was only at intervals of eight days that the Gospel, according to the Informer Moran, was doled out. Some months had been wasted in this way, and when he had renewed his appeals for justice, he had found himself fooled and humbugged over and over again. It was impossible for any public man to place any reliance nowadays upon the words of a Minister. If a Member of Parliament chose to believe the statements that were made to him, he would find that he would gain nothing by his credulity, but that he would be regarded by the constituents he represented as little short of an idiot. In this way the Irish Executive exhausted a few more weeks, and in the meanwhile the minor Fouches of Ireland were roaming all over the county of Sligo, holding private inquiries, although nothing came of them in the end. On his third appeal upon the floor of that House he obtained a promise that the Crown would give them the last fragment of their precious manna, by either bringing the men to trial, or by setting them at liberty. All this time the families of these men were left without care or guidance, and their businesses, both in town and country, were without supervision, so that the men themselves had been driven by the efforts of the Crown to secure what they called justice to that pitch of bankruptcy which seemed now to be so fashionable among the pet Crown agents in Ireland. On the 16th of June, when the Crown made up its mind to commit these men for trial, an appeal was made for funds to help the prisoners and to assist them in obtaining a fair trial. That appeal was circulated throughout the county of Sligo, and the learned Solicitor General claimed that it was framed in terms that were calculated to intimidate the jury and prevent a fair trial in that county. If that were so, why did the Government delay to take action in reference to that appeal until the Sligo Assizes were over. The Attorney General went down to Sligo to conduct the trial—at least, so it was said. Let who would believe it, he (Mr. Sexton) refused to do so. The Attorney General knew on the day he went down to Sligo, as well as upon the day he left it, that this appeal had been in print and had been circulated. The hon. and learned Gentleman went down for the purpose of other trials, and not for this. He would be aware at the earliest possible moment what the terms and substance of the appeal were; and he would, therefore, know whether it was calcu- lated to warp the judgment of any jury who might be selected in the county of Sligo. What did the Attorney General for Ireland do? He allowed a week or a fortnight to pass; and it was only when the Assizes were coming to a conclusion, and when it was too late for the unfortunate prisoners to secure that any action should be taken in their own behalf, that the Attorney General for Ireland, at the last moment, came forward, possessed of full knowledge of the evidence on which he claimed a conviction from a jury, and having all the facts in the dark recesses of his mind; but instead of avowing them, and allowing the prisoners out on bail, he came down at the last moment and pitifully put forward the fact of this appeal, published eight weeks before, as a reason why the trial was to be postponed. And now as to the question of bail. These 11 prisoners were almost all of them in the same boat. Two informers—one, a branded soldier dismissed from the Army; and another, possessing a treble qualification in consequence of having first committed a cowardly highway robbery upon a poor woman, next an attempt to murder a Judge, and charged, lastly, with being mixed up with the murder of Lord Frederick Cavendish and Mr. Burke—it was upon the evidence of such a man as that that these unfortunate prisoners were kept month after month without their liberty. The whole of the evidence against them was that of this branded soldier and this monstrous criminal. What happened? When the question of bail arose, the Solicitor General for Ireland spoke to him (Mr. Sexton) as if he ought to be thankful because the Crown allowed three of the accused persons to be admitted to bail, and also because the bail was small. Now, if the Crown seriously believed that such an offence as treason-felony, and such a combination of offences as treasonfelony and conspiracy to murder, could be proved against these three men, or that there was a shadow of hope of securing their conviction, did the Solicitor General mean to say that the Crown would have liberated them on bail for the paltry sum of £25? The admission of a man to bail upon such terms would appear to show that it was not of the least importance whether he ever turned up again or not. It was perfectly evident that if the Crown had a case against these men, they would never have admitted them to bail upon such terms as would be hardly likely to secure their appearance in the event of their being wanted again. Further, there was no difference whatever in the case of any one of these men as contrasted with that of the rest; and he could only conclude that the Crown believed that no jury would—he would not say hang a dog, but even consent to put a dog to momentary discomfort, upon the evidence of this wretched brace of in-formers. He had received two telegrams that evening, which his hon. Friend the Member for the City of Cork (Mr. Parnell) had already read to the Committee. In the first of these he was desired to impress upon the Government and the Committee the necessity of putting these men upon their trial at once. In the second telegram the prisoners implored that they might be brought to trial, and declared their readiness to waive their right in respect of any change of venue. The Solicitor General for Ireland was a lawyer, and he told them that this waiver of right by the prisoners would not save the Crown. When he (Mr. Sexton) stated the other night that the motion of the Attorney General for Ireland at Sligo for the postponement of the trial was interpreted by some persons as indicating the intention of postponing the trial to the next Assizes, the hon. and learned Gentleman told him that the Crown had no such intention at all. Then why, when the postponement of the trial was moved for, had not due notice been given in regard to when and where it was to take place? It had been said that the appeal which had been made to the public would have the effect of preventing a fair trial in the county of Sligo; but the Attorney General for Ireland had not conveyed, in any way, an opinion that the circulation of that appeal would prevent a fair trial in any other county of Ireland. The 5th of August, when the Commission was to meet, was still seven days distant, and there had been between a fortnight and three weeks for the Attorney General for Ireland to give the necessary 10 days' notice. What he now pressed for was a trial in some other part of Ireland than the county of Sligo, and he could not understand why the Attorney General for Ireland, on making the application to postpone the trial, had not served the prisoners with the necessary 10 days notice of his intention to move the High Court of Justice in Dublin to change the venue and proceed with the trial elsewhere. He contended that the Government had broken faith with him, and that there was not a shadow of pretence for any further delay. There was no evidence which they did not possess now which they would get hereafter. He therefore called upon them, and he hoped his hon. Friends would support him and persist in the demand, to take the necessary steps for bringing forward the trial at once. The course they were at present pursuing simply conveyed to the public mind a sense of the unfairness of the treatment to which these men were subjected. After four months of imprisonment, and after having exhausted all the tactics of prosecutors, informers, and spies, it was their duty either to bring the men to trial at once, or to liberate them. He could not say where they were to be tried, and the prisoners themselves cared not; they were ready for trial anywhere. If the Crown declined to put them upon trial, let them then take the only legal alternative, and accept bail for their appearance, setting them at liberty until they were prepared to put them upon their trial.

Notice taken, that 40 Members were not present; Committee counted, and 40 Members being found present,

said, the hon. Member for Sligo (Mr. Sexton) had called attention at some length to the case of the Tubbercurry prisoners. He desired, therefore, to state to the Committee the position in which the matter stood. The crime of which these men were accused occurred some years ago. There were in all 12 men charged, and the charge brought against them was for one of the most grievous offences which could be imagined—namely, conspiracy to murder a Government official connected with the workhouse in that town, who, beyond all doubt, was fired at by some person. The other charge against these 12 men was one of treason-felony, which was also is itself a grave and serious crime. As he had said, these crimes occurred some time ago—as a matter of fact, two years ago—and he thought it would occur to the common sense of all in the House that when crimes of that nature had oc- curred a couple of years ago, and the number of men accused was 12, that it would require a much greater time to complete and to inquire into the evidence than if the charges were against one man, or if the crime had been of recent date. Some time in April last, these prisoners having been arrested, evidence was taken in the usual and authorized way, according to the Act of Parliament, under the powers vested in the Executive by the Prevention of Crime Act. It was the duty of the Executive to enforce the law, and they would be very much to blame if they did not do so. In pursuance of the power the law vested in them for the suppression of crime, inquiries were held from time to time under the provisions of the Act of Parliament, and also when the men were arraigned. It was perfectly true that there had been a considerable number of remands in the course of the inquiries, and it was inevitable from the nature of the case that these remands should take place. There were a considerable number of prisoners, and a very large number of witnesses, and they had to make out a case not only against each, but against everyone of them. It was, therefore, impossible to bring the case to a complete issue until a considerable time had elapsed, and it was for the benefit of the prisoners themselves, and in the interests of justice, that in every case a complete case should be made out before they were committed for trial, so that they might not find fresh charges launched against them on the trial. The evidence given upon the committal was the property of the prisoners. They were ab1e to use it, and sift it thoroughly between the date of the committal and the period fixed for the trial. Therefore, it was in the interests of the prisoners themselves, and in the interests of justice, that a complete case should be made out, as far as possible, in every instance before prisoners were committed for trial. The hon. Member for Sligo (Mr. Sexton) had commented upon the refusal to allow the prisoners to see their solicitor. What occurred was this. There were 12 men accused, and the 12 men had one solicitor in common, and the Prison Rules did not allow the 12 men to be brought into one room for the purpose of consulting him. The Attorney General for Ire-laud, however, as soon as the difficulty was communicated to the Government, in the exercise of his discretion, gave orders that the prisoners should be allowed to see their solicitor together, subject to the Prison Regulations, and that was done. The inquiries had proceeded, and necessarily they had occupied considerable time. They went on diem in diem for a number of days. The evidence of Moran, the informer, took up a considerable time. He told a long and a succinct story; but his cross-examination occupied a considerable time. It was said that a rumour had been circulated throughout the prison that information had been given by A. and by B., and Mr. Bolton's name was mentioned as appearing on the scene, and endeavouring to poison the mind of this or that person in obtaining evidence for the Crown. That was altogether a gratuitous assertion as far as Mr. Bolton was concerned. He had neither acted nor appeared in any shape in this prosecution, which had been conducted entirely by the Solicitor for the county—Mr. Anderson. It was stated by the hon. Member for Sligo (Mr. Sexton), that after the prisoners were committed for trial, the Attorney General for Ireland did not go down to conduct the prosecution. He would not notice the imputation which had been made against his right hon. and learned Friend in regard to the motives upon which he had acted. It was asserted that his right hon. and learned Friend went down there as a sham, and that he had no intention when he went down to Sligo of conducting this trial at all. Now, what was it that occurred? His right hon. and learned Friend went down to Sligo. The hon. Member for Sligo (Mr. Sexton) had taken the opportunity, in the course of his speech, of going through the evidence, from his own point of view, and of commenting upon the evidence of the informer, Moran. He had not only commented upon that evidence, but all the other evidence, and with all the eloquence he was master of he had condemned the case for the Crown. He (the Solicitor General for Ireland) proposed to leave the evidence against the prisoners exactly where it was, remembering that these men were still to be tried, and because he did not think it his duty for one moment to answer the hon. Member. All he could say was that there was a strong primâ facie case against the prisoners; but it would be improper for any person holding the position he did, now that a trial was pending, to go into the evidence and endeavour to establish a case in answer to the statements of the hon. Member. Then, what was it that occurred? In the local newspapers there was circulated a document, dated the 16th of April, appealing to the public throughout the county for what was called a fair trial for these men. This appeal was made before the trial was to have taken place; and in consequence of the influence which such appeals were likely to have upon the minds of the jurors, the document having been circulated throughout the county not two months before the trial, but immediately preceding it—in consequence of that, a conclusion was arrived at that the trial ought to be postponed. The learned Judge who presided at the Assizes, in the exercise of his discretion, came to the conclusion that a fair trial could not be had in the county of Sligo, and he, therefore, postponed the case. It was proved, to the satisfaction of the Judge, that these documents had been circulated, and circulated in order to influence the minds of the jury, and to produce such an amount of terrorism as might affect their verdict. It was upon that ground, and upon that ground alone, that the learned Judge, who was otherwise quite prepared to try the case, came to the conclusion that the trial ought to be postponed. He was not there to say that the learned Judge did not exercise a proper discretion, having the documents before him; it certainly was a wise and prudent discretion. He had gone down solely for the purpose of hearing the Tubbercurry trial. The Judge had come to the conclusion that a fair trial could not be had in Sligo. Was it, then, the fault of the Public Prosecutor that the venue had been changed? The prisoners could not be altogether dissociated from those who were their false friends. The letters of these false friends it was which led the Judge to the conclusion that a fair trial could not be had on the spot. The Attorney General for Ireland, therefore, was coerced to the conclusion that a fair trial could not be had in Sligo, and the case was postponed until the next Assizes. What, then, did he start with? In the first place, with the authority of the Judge that a fair trial could not be had in Sligo. He was told that the Crown was responsible for the delay—abuse was poured on the Crown officials unstintingly because of the postponement; but through whose act was the postponement? Why, through the act of the prisoners themselves, or those for whom they were responsible.

The District Inspector of Tubbercurry himself, who was thoroughly acquainted with the circumstances of the case. ["Oh!" and a laugh. ] Hon. Members opposite sneered—did they wish to imply that a District Inspector was not to be believed in Ireland?

said, he should let that observation have all the weight it was entitled to. He should pass from it.

District Inspectors are entitled to no more credence than any other officials in Ireland.

If the hon. Member for Wexford continues these interruptions after I now call him to Order, I shall have to call attention to his conduct.

said, the Judge had considered the evidence impartially, and, acting on his discretion, had come to the conclusion that the trial should be postponed. It was the Judge who had come to that conclusion, and no one else. When this matter was considered in the House on Friday last, the complaint was that the prisoners were not going to be tried in Dublin at all. The hon. Member for Sligo (Mr. Sexton) had brought it forward in Committee of Supply, and he (the Solicitor General for Ireland) had said a few words in answer to him. He had stated then, as he stated now, that the men were to be tried in October, the earliest time at which they could be tried. No complaint was made then about the postponement, the only grievance being that the venue was to be changed, and that the prisoners had not been let out on bail. The complaint now seemed to be that, at the time the order was made to postpone the trial, the Judge should have seen, that such postponement was unnecessary, and that the venue should have been changed then, if it was necessary to change it at all. But at that time it was doubtful whether it was necessary to change the venue. The Attorney General for Ireland had to exercise his discretion in the matter. Within a few days the Attorney General for Ireland came to the conclusion that the proper course for him to follow, in the exercise of his discretion, was to change the venue; and before this subject was discussed on Friday last, July 25th, the Attorney General for Ireland had come to the conclusion that the proper course for him to adopt was to change the venue, and change it to Dublin. It was said now—telegrams were produced by the hon. Member for the City of Cork (Mr. Parnell) and the hon. Member for Sligo (Mr. Sexton) from the legal adviser of the prisoners—that the prisoners were willing to waive the 10 days' notice to which they were entitled under the Prevention of Crime Act. That was an idle and empty offer. Coming from a lawyer it was an idle and empty argument, because every lawyer knew that prisoners could not waive their right. No man accused of a crime could give any consent of the kind on which the Crown could act. The Government were in the position in which they were on Friday last, when they stated openly in the House that the case was to be tried in October, the earliest time at which it could be tried. No objection was made on Friday, the objection then taken being against the trial being held in Dublin at all, instead of the locality in which the offence was committed, which would have led to the case being postponed until March. So far as the interests of justice would permit, and even stretching a point—considering the observations which had been made about a delay of two months—the Attorney General for Ireland would, he was sure, carefully consider the case of every one of the prisoners, in order to see how far he could add to the number who had been let out on bail—namely, three; and, speaking for himself, he might say he should be glad to see the Attorney General for Ireland exercise his discretion as largely as possible with that object.

Is it not possible to serve the 10 days' notice and take the prisoners to trial at a later date?

A true bill has been found. It is not necessary for the case to go before the Grand Jury at all.

said, he did not rise for the purpose of unnecessarily prolonging the discussion; but he was bound to say, having listened very carefully to the speech of the hon. and learned Gentleman who had just sat down, that the only impression that speech had conveyed to his mind was this—that the hon. and learned Gentle-man evidently was aware that he had a very bad case indeed to defend, and had endeavoured to make that case appear less bad by making a long and rambling speech such as they had just listened to. He (Mr. W. Redmond) ventured to think that the ease now under discussion was absolutely without parallel. It was a case which affected the liberty—he might almost say the lives—of 11 respectable men in Ireland, and the people who were dependent on them for a livelihood. It was a case which he really believed would recommend itself to the consideration of the people of England, if it could be fairly stated to them. It would, if properly presented, create such an impression in this country as would compel Her Majesty's Government to take that action which it appeared they would not take upon the mere representation of the Irish Members of the House. Complaints were made from time to time against matters of this kind being discussed in that Assembly. Well, that Assembly was commonly called the High Court of Justice of this Kingdom. And what did they find when they came to this High Court to discuss a case of this kind? [ Laughter. ] It was all very well for two right hon. Gentlemen on the Treasury Bench to laugh when the case of 11 men who might be about to lose their liberty, even their lives, was mentioned; but he did not complain of it, for that was not the first time they had had experience of the great disposition on the part of right hon. Gentlemen on the Treasury Bench to be unnaturally hilarious when serious matters affecting the welfare of Irishmen were under discussion. He had been going to observe, when in- terrupted by the somewhat boisterous laughter of Members on the Treasury Bench, that it was a discouraging thing for Members from Ireland to come there and state calmly and fairly the affairs of certain men in Ireland who were about to be brought to trial, and to find that not more than a couple of dozen English and Scotch Members attended to hear the matter discussed. It was frequently said the Irish Members had no right to complain, because Ireland was fairly represented in the House. What representation had she? Why, whenever a case of this kind cropped up—a case which interested a large majority of the Irish Members—little or no attention was paid to it by the bulk of the Members of the House. They found it as much as they could do to get a quorum of Members to come in, from time to time, moving a "count." It was an extremely discouraging thing, and a thing which should be impressed on the people of Ireland, that when their Representatives discussed a case of this kind they did so to absolutely empty Benches, no English or Scotch Members considering it worth their while to come down to listen to the claims the Irish Members were bringing forward. However, the Irish Members would not be deterred, by the absence of English and Scotch Members, from discussing the grievances and claims of their country. What was the case of these men in Sligo Gaol? Why, some four months ago 11 men were arrested without any specific charge being brought against them at all. They had been four months in gaol, cut off from their occupations and their families. They had been remanded time after time, with no evidence against them. If that was considered by the Government a proceeding consistent with justice, he did not think there were many people in the country who would agree with them. If these men were arrested on specific charges, why had they not been placed in the dock, why had not evidence been brought against them, and why had they not been made to stand their trial before their fellow-countrymen? Why, they had not been tried because there was no case against them. They had been arrested, it was believed, in order to satisfy the ambition of certain police officials who were craving distinction in this particular way. They were arrested upon what with even a jury of Englishmen and Protestants would fail to obtain a conviction, and they were kept in gaol while the police and officials were scouring the country for informers to give evidence against them. The Solicitor General for Ireland, who spoke just now, and had precipitately retreated after his speech, as though ashamed of the part he had had to take, had said it was impossible, from the nature of the case, to avoid frequent remands. It was all very well to say that there was something in the case which made these remands necessary; but in order to prove their justice it was desirable that the circumstances which had led to them should be plainly stated, and not hinted at, as the hon. and learned Gentleman had hinted at them in his speech. The hon. and learned Gentleman in the course of his observations complained that until that evening no dissatisfaction was expressed by the Irish Members at the trial having been postponed until October. Well, it was true no dissatisfaction had hitherto been expressed; but the reason was that it was only that evening that Members on the Irish Benches absolutely realized or even heard that such a monstrous outrage was going to be perpetrated by the Government as the postponement of the trial of these men for two months longer, and the consequent detention of the accused for another two months longer without a tittle of evidence being brought against them. It was not at all the duty of Irish Members of Parliament to see that men who were arrested by the Government were brought to trial at once. It was not a part of their legitimate duty; it was owing to the distorted state of affairs in Ireland that Irish Members of Parliament were obliged to occupy the attention and time of the House of Commons in pressing claims of this kind upon the attention of Englishmen and Scotchmen. He could perfectly realize that it was with considerable indifference that Gentlemen representing English and Scotch constituencies listened to a case such as that now under discussion; but it was absolutely necessary that if justice was not meted out to the people of Ireland by the authorized officers of the Crown in that country, the Irish Members should bring the action of those officers before Parliament, and, if possible, try to create such a state of public opinion as would serve to cause these unfortunate men to be brought to trial at the earliest possible moment. Supposing these men when brought to trial were acquitted—as very probably they would be—what would be their position? They would have been six months in prison, cut off from their occupations, from their friends and from their families, and then even an acquittal would give them little satisfaction. The way the men were being treated was absolutely outrageous. He did not believe that any where else in the world, even under the most despotic Government in existence, could men be arrested in the light of day, could be thrown into prison, and remanded day after day, week after week, and month after month, without a single iota of evidence being brought against them. This kind of thing could not go on much longer in Ireland. The Irish Members had thrashed the case out very fully in the House of Commons. They had shown the injustice of arresting men and keeping them in prison without bringing evidence against them—they had shown the system to be inhuman, unconstitutional, and distinctly despotic. He (Mr. W. Redmond) would say, from his position as an Irish Representative, that he believed in his soul that if cases like these multiplied in Ireland, and if the Government persisted in arresting men and sending them to prison for long terms without bringing evidence against them, there would be a feeling aroused in that country against English rule far more extensive than any which had ever yet been aroused. If the Government did not take steps to put an end to the present mode of government—the present Liberal mode of government—they would find at the next General Election and in the House that the Irish people and their Representatives knew how to treat an Administration which called itself Liberal, but which was before the world the most despotic in existence.

said, this was a very serious case, and one which appeared to him to be made much more serious by the kind of defence set up by the hon. and learned Gentleman the Solicitor General for Ireland. He (Mr. M'Carthy) had not known much about the facts until he heard that night the powerful appeal of the hon. Member for Sligo (Mr. Sexton), and the singularly confused and confusing answer of the Solicitor General for Ireland. Out of all the brambles and brushwood of law, with which the hon. and learned Gentleman encumbered his speech, they got two or three facts for the understanding of men who were not lawyers. They got the fact that some four or five months ago some men were arrested on some charge or other, that from that time to this they had been kept in gaol without trial, and that the earliest date at which they could be brought to trial was two months off. They got the fact that though the men were seemingly charged with a grave and serious crime, three of them had been since set at liberty, on a bail of £25 each. He would ask the Committee to say whether there could be anything serious in the charge, or whether they believed there was evidence of any kind to be brought against any of these men, seeing that some of them were allowed to be at large on bail of £25? What reasons did the hon. and learned Gentleman give for keeping these men in prison? Why, first of all, he said that the 11 men were charged with the one offence, and that it took a much longer time to bring charges of guilt home against 11 men than against one man. If that was so, it was, he supposed, owing to his having an unlegal and unenlightened sort of understanding that he was unable to comprehend it. If these 11 men were all accused of the same crime, the same evidence which would convict one would convict all of them, or, at least, so he should suppose. If they committed one crime, it must have been committed together, or in some kind of combination; and he altogether failed to understand why a longer time should be required to get together evidence to convict 11 than would be required to get together evidence to convict one. He did not know why, in a case of murder, it should take longer to prove that a person was killed by three men, by five men, or by a dozen men, than that he was killed by one. He could not see what reason there could be for postponing the trial month after month in a case where the Crown must soon have exhausted the evidence. The hon. and learned Gentleman had given them another reason. He had told them what one official thought and what he did not think, and then he declared that the trial had to be put off because some- one had said or done or published something rather indiscreet, which made the learned Judge think that there should be a postponement. If this was a principle of law, they placed accused persons not only at the mercy of indiscreet friends, but also at the mercy of enemies who chose to publish statements apparently on their behalf. The hon. and learned Gentleman had said the fault was the prisoners' own. How could that be? How could he hold persons in prison responsible for statements published by other persons outside? What reason was there for saying the prisoners had authorized the publication? Were they to understand it as a point of their law, that when a man was charged with an offence, and some friend or enemy of his did an indiscreet thing, the man so charged was to be punished, as a sort of vengeance on his head, by having his case postponed? He did not think such a principle would be listened to for a moment, unless in the case of a charge brought against some Irishman. If the hon. and learned Gentleman's contention was correct, he (Mr. M'Carthy) saw no reason why these men should ever be released or tried. At any moment, as the time of trial drew near, some indiscreet friend or some malignant enemy might publish or say something which would make the Judge say justice could not be done whilst the echo of it lived in the minds of the people. If the hon. and learned Gentleman's statement were the defence of the Government, all he could say was, that the speech of the hon. Member for Sligo (Mr. Sexton), eloquent as it had been, was made ten times more eloquent in its defence of public justice by the hon. and learned Gentleman's attempt to reply to it.

said, the hon. and learned Gentleman the Solicitor General for Ireland had now left the House; but his place had been taken by the right hon. Gentleman the Chief Secretary to the Lord Lieutenant. These two Gentlemen reminded him of a toy which combined instruction with amusement—a toy in which there were two figures, one of which came out in fair weather and the other in foul; the only difference being that, in the case of the two Gentlemen, they both represented foul weather. With regard to the case under discussion, if it had occurred in the Dominions of the Czar, they would have had Englishmen speaking in the House and writing in the newspapers about the tyranny of the Russian officials; they would have had presented to them highly-coloured pictures of miserable men confined in dungeons for months without trial—for months of wretched days and melancholy nights—and they would have heard a great deal about the blessings of English rule and the happiness of living in Great Britain. The history of the case was in many ways an instructive one. It was now many months since Mr. Fitzgerald was arrested. He was arrested, as he (Mr. M'Carthy) believed, without warrant, and hurried over to Ireland without being allowed to see anyone. He had been imprisoned and kept for many months without any attempt at a trial, although, on the 24th of April, the Irish Members were informed that he would be brought to trial as soon as possible. The hon. Gentleman the Member for Mallow (Mr. O'Brien) at that time was censured in the House for speaking of the inquiry as it was then being conducted, as a "hugger-mugger inquiry." It was difficult to say what the words "hugger-mugger" precisely meant; but if they were at all applicable to this case at the time they were used, they were certainly much more applicable now, when the "hugger-mugger " inquiry was becoming more "hugger-mugger" than ever. These unfortunate prisoners, no doubt, had a fair appreciation of the position in which they had been placed by Her Majesty's Government when they spoke of being "robbed" by the Government. They were robbed of their worldly goods by being kept in prison, and deprived of the means of earning their livelihood; but, more than that, they were robbed of their liberty, and of that sense of truth and justice which every citizen had at heart; while, seemingly, the only hope the Government had of obtaining a verdict was by some "Star Chamber" inquisition. The hon. Member for Sligo (Mr. Sexton) had been informed, months ago, that Mr. Fitzgerald was to be tried on charges of treason-felony and conspiracy to murder; but when it was pointed out that the two offences could not be included in the one indictment, the right hon. Gentleman the Chief Secretary promptly shifted his ground, and declared that the time for drawing up the indictment had not yet arrived. It seemed that the time for framing the indictment was never going to arrive. The prisoners were in a worse position than the historical Flying Dutchman —they were never going to be set free at all. On the 23rd of April, the right hon. Gentleman the Chief Secretary again informed the Irish Members that it was the desire of the Executive to close the case at the next hearing, and that there was no intention whatever to postpone the trial over the summer. Now they learnt that the trial was to be postponed over the summer. It would probably be postponed over the autumn, and then over the spring. Next summer might come and go and find these men still in prison. It was almost useless to make an appeal to the Government in these cases; so he would only ask them whether in this matter they thought their conduct just and reasonable—whether they did not think it passed into the region of the absurd?

said, he had listened to the speech of the hon. Member for Sligo (Mr. Sexton), and also to the reply delivered by the Solicitor General for Ireland. A lawyer was a trained disputant, and it would be a very bad case indeed in which the Solicitor General for Ireland could not bring some arguments to bear in support of the position he was defending. The hon. and learned Gentleman could not, however, be congratulated on the strength of his arguments that night. The hon. and learned Gentleman had assumed the whole case as he went along. Again and again he had repeated the statement that every delay which occurred was owing to the fault of the prisoners; but never once did he offer an atom of proof. He had said it was owing to the fault of the prisoners. What fault? If the hon. and learned Gentleman were present, he (Mr. Sullivan) should press for an answer to that question. The hon. and learned Gentleman ought to be present whilst this subject was under discussion; why was he not? Could he not be summoned—he was within the precincts of the House? What fault had he to allege against the prisoners as having caused the delay of the trial? The hon. and learned Gentleman had never stated that; but he had gone on triumphantly assuming to the end that it was the pri- soners' own fault. That style of debate ought not to pass muster in the House of Commons, or elsewhere. Then, apologizing for the fact that these prisoners were not allowed freely to see their solicitor, he had said that they all had the one legal adviser, and that it was not desirable that they should all see him at one time. Why was it undesirable? The hon. and learned Gentleman had said these men were charged individually and collectively. It came to this, then—that the men were to be charged collectively, and might be hanged in a batch; but they were not to see their solicitor collectively, so as to prepare a common defence? Was that fair play? Was it fair that the Crown should be able to make a collective charge against them, whilst they were not allowed to make a collective defence? Would that be considered fair play by any other assembly of Englishmen or Scotchmen in the world? Another great point of the hon. and learned Gentleman was that the learned Judge, acting on his discretion, decided that because certain documents had been published in the locality it was not desirable that the case should there and then be brought to trial. The hon. and learned Gentleman said—"The Judge so decided." Did he suppose that amongst Irishmen in Ireland that statement would carry any weight whatever? They knew how Judges decided cases in Ireland—they knew that as soon as the Judges found how the wind blew from Dublin Castle they trimmed their sails according to the breeze. The Judges knew what was required of them by Dublin Castle, and acted accordingly. It amounted to nothing to say the judge, acting on documents submitted to him by the Crown, took a certain view of the case. But a more startling doctrine still, propounded by the Solicitor General for Ireland, was this—that the prisoners were responsible for the acts of their indiscreet friends. "It was impossible," said the hon. and learned Gentleman, "to dissociate these individuals from the action of their indiscreet friends." He (Mr. Sullivan) denied that doctrine altogether. It was simply monstrous. There could be no safety for prisoners in Ireland if they were to be held accountable while safe behind prison bars for the action of their friends. That House was becoming accustomed to extraordinary and unconstitutional doctrines, and he thought there should be some revolt against them, not only from those Benches, but from all parts of the House. The doctrine the hon. and learned Gentleman had laid down that night was monstrous and unconstitutional, and a case which rested in any way on such a device as that was flimsy and rotten. It was said that when things were done in a hurry, doubtless, mistakes were made—it was said there had been no deliberation exercised in connection with these matters. He said that the defence offered by the Solicitor General for Ireland, instead of meeting this case, had made it worse. The case was one which called for speedy action, and he asked the Committee to consider it in order that justice might be done.

said, this case had been laid before the Committee by the hon. Member below the Gangway (Mr. T. D. Sullivan) as one calling for the interference of the Committee. If it were true that these men, having been arrested in Ireland, had been subject to constant remands without evidence; if their trial had been adjourned by the Judge without any proper justification; if they had been put on their trial without any evidence, or without any indictment being preferred against them—why, then, the case was monstrous. But, as an old practitioner, he ventured to doubt whether such things could happen; he doubted whether men could be remanded from time to time without any evidence being brought against them. In England, he knew they could not. Nor would men be put on trial in England without any indictment being prepared against them, He took the case as stated by the Solicitor General for Ireland. The hon. and learned Gentleman had very truly remarked that it took considerably more time to complete a case against a number of persons than would be required to complete the case against one individual, because the prosecution had, with regard to the commission of a certain act, to connect them with it and with each other—to bring them together, so to speak, and to ascertain their motives in connection with each other. All that, as a matter of fact, occupied a great deal of time, which everyone would know who was practically acquainted with business of the kind. Again, he presumed that evidence was from time to time brought before the magistrates previously to the remands of the prisoners; and he was satisfied that the magistrates would not have remanded them without evidence sufficient to justify that course, nor would they have committed them for trial without sufficient presumption. Then he came to the postponement of the trial. It was alleged by the Solicitor General for Ireland that when the trial was about to take place in Ireland, a large number of publications appeared, which would necessarily influence the jury, and which, in the opinion of the Judge, was calculated to prejudice the minds of the jury in respect of the trial of the prisoners. Now, that was a matter on which the Judge was strictly correct in exercising his discretion; if the Judge on that occasion thought that a fair trial could not be had, it was quite right that the trial should be postponed. With regard to the place of trial, he did not know why the case was not tried in Dublin. He freely admitted that the 10 days' notice was an objection as to the time; but yet it seemed to him that the trial might have taken place at Dublin. It appeared to him that, in all other respects, the statement of the hon. and learned Gentleman was a sufficient answer on the Crown case—that time was necessary to get the case up, and that remands were necessary from time to time, and he was satisfied that evidence was produced to justify those remands. He also believed that evidence was produced before the magistrates to justify the committal of the prisoners for trial; and, further, that an indictment was preferred against them; and, finally, having regard to the circumstances of the time, bearing in mind the effect which the publications to which the Solicitor General for Ireland had referred were likely to have on the minds of the jury, he ventured to think that the Judge was fully justified in changing the venue.

said, the Committee had to deal, not with the presumptions of the hon. Member for East Sussex (Mr. Gregory), but with the facts of the case, and those facts had been stated by hon. Members on those Benches, and were known to everyone in the House. They by no means accorded with the extraordinary and fan- ciful presumption on which the hon. Gentleman who had just sat down took up his position. The hon. Gentleman assumed, of course, that everything had been done in a perfectly regular manner. Hon. Members in that House invariably did presume that everything was regularly done in such matters in Ireland, and it was only the force of circumstances that in time compelled them to admit that things did not go on quite so happily there as they had been led to believe. It was not at all strange that the hon. and learned Solicitor General for Ireland, who represented at that moment the Irish Government in that House, had not made use of any of those extraordinary presumptions which the hon. Member for East Sussex had indulged in. He had referred, in the earlier part of the discussion, to a case within his own cognizance in Ireland in which there were no less than nine remands, extending over a period of nine weeks, and in which the evidence adduced at the final remand was precisely the same as that brought forward on the first day. The Solicitor General for Ireland knew the case he was referring to, and he could give him the names of the prisoners. He challenged the hon. and learned Gentleman to deny the statement he had made—that the evidence on the ninth day was precisely the same as that brought forward on the first. The Crown had recourse to those remands in order to tide the trial over the period of the Assizes; to keep the prisoners in their cells for months, in order, if possible, to pry into their thoughts, and to hold the thumbscrew over them with the object of making them give evidence against their companions. One of those prisoners was offered a free pardon if he consented to give evidence against his companions, He asked the Members of that House to look at the actual facts, and to contemplate the position of the unfortunate man in gaol without friends, as that unfortunate policeman was; let them consider what a risk was run in asking him to give evidence to save his life. The hon. and learned Gentleman could not blot out from the minds of the people of Ireland the belief that fearful misdeeds were worked by a system like this, and no amount of persuasion on the part of the hon. and learned Gentleman could get rid of the fact that everything of this kind was possible under the system of legal chicanery which was bringing the English Government in Ireland into disrepute. He should be sorry to accuse the hon. and learned Gentleman of making a statement which was calculated to injure men in the position of these unfortunate prisoners, or of intending to do them an injury; but, undoubtedly, one portion of his speech was as unfair and ill borne out by facts as if he had the deliberate intention of injuring the prisoners. He alluded to the statement that the cause of the delay which had taken place in regard to the trial of the prisoners was due to the conduct of the prisoners themselves. The statement was that the prisoners in gaol were connected with the circulation of the appeals which were made in their behalf for a fair trial; and with reference to that he challenged the hon. and learned Gentleman to produce one tittle of evidence in support of his statement. The Chief Secretary to the Lord Lieutenant of Ireland, in the last debate on this subject, admitted that there was no opportunity of establishing any connection between the prisoners in gaol and the documents circulated throughout the country; and everyone who knew anything of the gaol practice in Ireland, and the rigid gaol supervision exercised towards prisoners, would know perfectly well that the statement about their being able to publish documents outside was absolutely absurd. Again, the Solicitor General for Ireland had not at all addressed himself to the case to which he (Mr. Harrington) had drawn his attention—that was to say, to the case of the Galway prisoners who were remanded nine times. He mentioned the case, because in it the Crown had, in his opinion, acted in a manner precisely similar to that in which they had acted towards the men now in prison in Sligo. In the Galway case, it was then two years since the unfortunate men were taken away from their homes; and, in spite of all the means at their disposal under the Prevention of Crime Act for packing juries and for bringing them to speedy trial, the Crown still kept them in prison without trial. Irish Members knew what the Crown had done in the case of the Galway prisoners, and they felt that, were it not for the advocacy of the hon. Member for Sligo (Mr. Sexton), the Crown would act towards the Tub- bercurry prisoners in the same manner—that was to say, keep them in gaol for two years without trial, working on their fears, and tempting them with bribes, in the hope of inducing them to give information which would save their own lives, by taking the lives of others perfectly innocent. He thought that the Solicitor General for Ireland would find it necessary to supplement by another statement his observations made with the endeavour of connecting these unfortunate men with the documents circulated in their behalf. There had been no evidence brought forward at any time that these men shut up in prison had any opportunity of communicating with persons outside. Besides, he contended that the document, although, perhaps, strongly worded, was perfectly fair, and a perfectly lawful document, and that, although it might have created some sympathy amongst the people, it could not at the trial have had the slightest effect on the jury, because the Crown took care that they should pack into the jury boxes in Ireland not men standing impartially between Crown and prisoner—men who were sworn to look impartially at the facts of the case—but men from whom they were secure of a verdict.

said, the sympathies of hon. Members below the Gangway throughout the discussion was all on one side. There did not seem to be any sympathy for the unfortunate persons who had been foully murdered during the Reign of Terror in Ireland, or for their families. The hon. Gentleman the Member for Westmeath (Mr. Harrington) had said a good deal about presumptions. He (Colonel King-Harman) was inclined to think that it was a fair presumption that these men were the perpetrators of some of the deeds which had disgraced Ireland, and that they should be kept in gaol as long as there was a fair opportunity of getting evidence against them. And then the hon. Gentleman spoke of the merciless grasp of the law. He would like to know what mercy had been shown to the unfortunate men whose lives had been taken? Why did the assassins now plead for mercy; or why did the advocates of assassins plead for mercy in their behalf?

rose to Order. He asked whether the hon. and gallant Member was entitled to charge Mem- bers of that House with being the advocates of assassins and murderers in Ireland?

I did not understand the hon. and gallant Gentleman to apply the term to hon. Members.

said, he had not done so. If any charge of making false accusations could be brought against any Member of that House, it would not be brought against him, but against hon. Members below the Gangway, who charged the Government with keeping these men in gaol in order to get information from them which would enable them to bring innocent men to the gallows. It was they who charged the Government with being the defenders of assassins. [Laughter.] They might think this a matter for laughter; but they knew there had been a Reign of Terror in Ireland for the last four years, and they knew that it was only by the determination of the Government in Ireland, and by the determination of the Judges and jurors, that crime had been put down there, and that honest men had now a little chance of living in security. When murder was going on throughout the length and breath of the land, hon. Members below the Gangway took care not to denounce it; and now, whenever there was a reasonable case against the murderers, they vilified the Government for trying to bring them to justice. If these men had not committed the crimes imputed to them, they would have the security of being tried by a jury of their countrymen; and it was perfectly ridiculous to tell the House about jury-packing under the present law. If the men were guilty, they would be convicted; and if they were not, they would be acquitted. And hon. Members had no more right to step between them and the jury, and try to prejudice the House in their favour, than he should have were he to declare that they were guilty, and try to prejudice the House against them. But there was this to be said. He knew the neighbourhood where the crime was committed, and he had lived in the county in spite of combination and intimidation, and had refused to be driven out of it. There was a foul conspiracy there to commit outrage, and murder was committed there. If hon. Gentlemen chose to defend men accused of murder, the condition of their minds must be such as he did not envy, and their conduct was but a simple waste of the time of the House, for they had not adduced a single fact that was not already known. And as to the persons for trial, he did not think they would be benefited by it.

said, the hon. and gallant Gentleman had gone through a very chivalrous performance; he was for some time Member of Parliament for the county in which these unfortunate men resided, and he said that he lived in the county, and was obliged to leave it. That might be true in a certain sense; but in a political sense he had been driven out of it when he became recreant to the principles of his life, and he (Mr. Sexton) could assure him that the sentiments of the people in Sligo towards him were such that the Orders of Debate would not allow him to discuss them. The hon. and gallant Member, either by the profession of arms, or from some other source, was entitled to be called "gallant" in that House; and it was a great thing for him to stand up there, and with a voice which, although loud, was but the exponent of a puny intellect, to declaim against an appeal on behalf of these unfortunate men for the right to which they were entitled. He had cast insinuations on hon. Gentlemen below the Gangway, and when those insinuations were found out he had retired behind those insinuations; and when called to Order, refused to accept the obvious meaning of his own language—the only meaning of which that language was susceptible—and withdrew.

said, the hon. and gallant Gentleman had spoken of murder, and the advocates of murder. He (Mr. Sexton) knew as much of Ireland as the hon. and gallant Gentleman, and he preserved quite as vivid a recollection of the scenes which had taken place there during the last four years. He knew that Irish Members did denounce murder, and not murder alone, but they denounced the smaller forms of outrage and illegality; and he knew, too, that men who denounced murder and outrage were thrown into prison; and, further, he knew that when the right hon. and learned Gentleman the Secretary of State for the Home Department announced, in reply to a Ques- tion, that Mr. Davitt had been thrown into a cell at Portland, the House shook with the cheers of hon. Gentlemen.

said, he supposed the hon. and gallant Gentleman would accept the cheers of the Tory Party on that occasion. There was, probably, no one more glad than he was to hear of the arrest of Michael Davitt. It required a strong conscience to denounce illegality when the landlords did nothing to help their starving tenants, and when the Government rewarded those who did denounce it with a convict cell. Would the hon. and gallant Gentleman say that the landlords helped the people?

I say that when the peasants were shivering in the cold, the hon. and gallant Gentleman cut off the supply of turf.

I rise to make a personal explanation. There is not the slightest foundation for that statement.

said, the hon. and gallant Gentleman came down that evening and raised his voice against the undeniable right of these men to be brought before a jury even of Orangemen in Sligo. Did they say a single word in palliation of murder or outrage? What was their contention? Simply, that these men who were in prison were respectable men, and had been so throughout their lives; that they were honourable men, and that they should have the same right of having their case brought before a jury which was given to the commonest foot-pad, and which would be granted to those criminals, nurtured in Dublin Castle, whose atrocities were now the horror of the civilized world. They asked nothing but what was right; and he trusted that no Member of that House would be led away by the hon. and gallant Member, who had made an attempt, which he would not characterize in the language it deserved, to interpose between these unfortunate men and the House of Commons in their appeal for justice.

said, he wished to reply to one portion of the attack made upon himself by the hon. Member for Sligo (Mr. Sexton), and from that point he would ask the Committee to judge of the rest of the hon. Member's statements. The statement was that in the winter of 1880–1, when fuel was scarce, he took the opportunity of cutting off the supply of turf from his tenants. Upon his honour—as he stood before God—during all that winter he strained every nerve to supply his tenants with fuel; he never charged them a single 6 d.; he put down every farthing he could afford to raise fuel for them. He had had timber cut down, and the tenants were allowed to take away every root and branch and everything else they could take, and there was hardly a man on the whole property who suffered from a want of fuel. And he did not think there was one of them who at the end of the winter had not thanked him for what he had done. He had done his best, and the charge brought against him by the hon. Member was entirely unfounded.

said, the hon. and gallant Gentleman's contradiction turned on a question of time; but there was a period when the turbary was taken away.

wished to add a word or two in reference to a certain matter that was notorious in Roscommon and all over Ireland—namely, the correspondence which was published in The Freeman's Journal, in which it was shown that those who previously owned this property never charged the tenants for turbary; but the hon. and gallant Member avenged himself for the Land Act by putting a charge on the turbary. This was exposed in The Freeman's Journal by the hon. Member for Mallow (Mr. O'Brien), who had never made an accusation against any man, whether an official or not, without proving it.

said, this statement was made in The Freeman's Journal, but he had proved it to be absolutely false, and he was willing to appeal from the hon. Members to his own tenants as to what he had done.

said, there was a matter which had not been touched upon by any of the previous speakers, and that was the item for the expenses of Crown Solicitors in connection with crimes in Ireland. He wished to point out to the Committee that one of the greatest injustices inflicted on men in Ireland who were waiting for trial was this changing of the venue, which threw upon them the onus of bringing their witnesses down and keeping them for many days during the Assizes at enormous cost. At the Winter Assizes many of the prisoners were removed from the different counties within the Circuit to the one town appointed for the Province. He would take the case of the prisoners awaiting their trial in Kerry. When their cases came on they were removed to Cork, where the Winter Assizes were generally held, and the rule at the Assizes as to prisoners was the same as with regard to Special Commissions and generally with regard to cases in which the venue had been changed. There was a ease in the past year in which a number of prisoners who had been arrested in Mayo were taken for trial in Cork. That was practically disabling those unfortunate men, whatever might be the charge against them, or whatever might be the evidence by which the Crown was able to sustain the charge, from meeting the charge. It reduced them to this position—that to get anything like a fair trial they would have to incur enormous expense, which men of their position were not able to bear. That inflicted upon them great hardships, and even the risk of losing their liberty, because they were unable to bear these expenses. He believed that it was provided by Statute that when prisoners had been removed by a change of venue it should be competent to the Crown to pay the expenses of witnesses for the prisoners. That was all very well, but when did the Crown pay these expenses? Not before the witnesses left home to attend the trial; not when they reached the Assize town where the trial was to be held, but after the trial was over. Then the Crown would pay the expenses of any witnesses whom the Crown Solicitor had considered necessary for the defence of the prisoner, but that was not a practice in accordance with justice. It did not meet the justice of the case to pay the expenses of a prisoner's witnesses after the issue had been tried, and after the onus had first been thrown upon the prisoner of maintaining those witnesses, whether few or many, for many weeks in some cases, in the Assize town. Hardship of the gravest nature was inflicted in that way; and he knew of cases in which prisoners had been absolutely unable to bring up the witnesses necessary for their defence. Numerous cases of this kind had occurred—cases in which prisoners had witnesses who would have been able to prove an alibi, and completely rebut the evidence of the Crown. The Crown officials, of course, looked after their own witnesses, brought them up at the public expense, provided their travelling expenses, and everything else; but what was the case with regard to the witnesses whom the unfortunate prisoner might find necessary? They might come up if they desired to come; there was no compelling them to do so; and, taken as they were from a humble rank in life, and having such slender means as they generally had, it was impossible for the prisoner to have adequate justice done him by having the necessary witnesses present, except by the aid of some influential friends such as, unfortunately, rarely assisted them. What he contended was that the Crown. where it undertook to pay the expenses of a prisoner's witnesses, should do precisely what it did in the case of the witnesses for the Crown. The Solicitor for the Crown should obtain from the prisoner's solicitor a list of the witnesses whom he considered necessary for the defence of the prisoner, and that the expenses of those witnesses, or, at least, a reasonable portion of the expenses, should be given to them before they were required to leave their homes to go long distances and remain for long periods at the Assize town. Suppose a prisoner required a dozen witnesses; he must have them up at the opening of the Assizes. He had known cases in which the Assizes lasted three weeks. In Cork they had more than once extended over three weeks. A prisoner must assume that his trial would come on upon the opening day; and he must, therefore, have his witnesses up on that day. They must now come up at his expense, if they were not sufficiently devoted to him and to the interests of justice to come up at their own expense. The onus of bringing them up was thrown upon the prisoner; the Assizes might last three weeks, and he might have to keep them there all that time at his own expense, or get his solicitor to maintain them on his behalf. That provision for paying the expenses of a prisoner's witnesses was absolutely useless and worth- less; because, owing to the money not being paid until after the trial, the witnesses for the defence could not be brought up at the time when they were necessary. He was not speaking of abstract matters at all, but of cases within his own knowledge. He knew that cases had occurred in Sligo County, in which prisoners had been taken from Galway to Sligo, and kept waiting some weeks for their trial, and their witnesses were knocking about the streets begging, in the endeavour to maintain themselves until the trial at which they were to give evidence should come on. And he had known of cases in which witnesses had been unable, through this cause, to remain in the Assize town long enough to give their evidence in defence of unfortunate prisoners. If the Crown wished to meet the justice of the case they must make provision for giving to the witnesses for a prisoner the same facilities for travelling and maintenance as they gave to Crown witnesses. They took great care of the witnesses for the Crown, giving them travelling expenses and maintaining them in the Assize town; but they told the prisoner that if he was rich enough to bring up his witnesses for his defence and keep them as long as they were wanted, then, when the case was over and he had been consigned to a cell or had regained his freedom, the Crown would consider whether they would pay for those witnesses. If such a case occurred in the county in which the prisoner was arrested, the grievance would not be so great, because the witnesses would not have to travel very long distances, and it would be easier to maintain them; but it was unfair, unjust, and contrary to every principle of equity that the onus should be thrown upon a prisoner of bringing witnesses perhaps 200 miles away from home, and of maintaining them for weeks in the town to give evidence for him, when he should have been tried in the county in which he was arrested. He hoped they would have some statement from the Solicitor General for Ireland upon this point. The hon. and learned Gentleman's connection with these cases had not been a very long one yet; but he could assure the hon. and learned Gentleman that he could quote many cases in Ireland in which witnesses had returned home from the Assize town before a trial had come on, and left the prisoner to his fate, simply because they were unable to maintain themselves, and the prisoner, owing to his position in life and having no friends to assist him, could not maintain them.

said, the point to which the hon. Member had called attention was one which might produce hardship; but the hon. Member surely did not contend that in every case under the Prevention of Crime Act the expenses of witnesses for a prisoner had not been paid until after the trial was over. In his own knowledge that was not the case; and the course adopted by the Crown in regard to prisoners' witnesses was the same as with regard to Crown witnesses.

said, he had known of several cases in which applications for the expenses of prisoners' witnesses before a trial had been refused. The hon. and learned Gentleman said the course adopted was the same in regard to Crown and prisoners' witnesses. Undoubtedly the expenses were paid in the end; but Crown witnesses were taken in hand at once by a policeman who paid their railway fares, took them to lodgings, and paid all that was necessary until they were paid by the Crown on the close of the trial. But the opposite to this was the practice with regard to the witnesses for the defence. No care was taken of them unless the prisoner had sufficient means to maintain them.

replied that he had no doubt that if, in such a case as the hon. Member had mentioned, application was made to the Attorney General for Ireland or the Solicitor General for Ireland, he would take care that the expenses were provided.

said, he had expected that the hon. and learned Gentleman would intimate that the Government would reconsider their position in regard to this matter; but he had been disappointed, for the hon. and learned Gentleman had confined himself to observations on the minor point raised by the hon. Member for Westmeath (Mr. Harrington). The hon. and gallant Member for Dublin County (Colonel King-Harman) sympathized very warmly with the persons who had been murdered in Ireland in recent years; but why the hon. and gallant Member reserved all his sympathy for those persons he did not know. He and his hon. Friends sympathized with men who were still suffering from injustice and oppression. The men whom the hon. and gallant Member for Dublin County had denounced were men who, in the theory of the law, were at that moment innocent men, because they had not yet been proved guilty. They believed those men could not be proved guilty, because they were innocent. The speech of the hon. Member for East Sussex (Mr. Gregory) was to an Irish Member perfectly disheartening. That hon. Member presumed that everybody employed under the Government was acting honestly, conscientiously, and consistently; that whatever the Crown might do was done on good grounds; that there was ample evidence to justify constant remands of these men, and that there was good ground for supposing that a conviction was likely to follow. That sort of view was calculated to drive Irish Members to despair. English Members would always assume that whatever was done by the Crown in Ireland was beyond challenge. They assumed that French was an immaculate person, although Irish Members had denounced him until it was impossible at last for the Government to pretend that they had any faith in him. They had denounced Cornwall in the same way, and now he was abandoned. They had denounced Bolton, and now Bolton had been dealt with in the same way. Now, when they complained of the treatment by the Crown of these unfortunate prisoners, there was the same presumption, always readily springing up in the mind of English Members, that their complaints were utterly groundless, and that the Crown was beyond rebuke in regard to its action in Ireland. They must, therefore, go on, as they had in the past, and endeavour by constant iteration to drive into the minds of English Members, who were not particularly quick to comprehend anything from Ireland, that there was a grievous cause of complaint; and however long it might be, and however hard it might be, they would not shrink from doing their duty in that House. The Committee was about to proceed to the discussion of a Scotch measure. That might be of great importance to Scotchmen; but they must excuse Irish Members if, in the discharge of what they conceived to be their duty, they stood some time longer in the way of the Scotch Bill being brought before the House. The Solicitor General for Ireland had not, in his opinion, given a satisfactory declaration, or manifested that readiness to be considerate in his dealings with these prisoners, which a fair-minded and considerate man ought to have manifested. Englishmen ought to understand that the Irish Members were fighting now the same fight that was fought by Hampden and his friends in England. They were contending now for those principles which the learned Selden did so much to engraft upon the recognized law of this country, and they were maintaining for these 11 unfortunate men at Sligo that right which was established beyond question in this country under an Act of Geo. III., which provided that, after a man had been committed, he should have an absolute right to be tried at the next ensuing Term, or Session, or Assize. That right was withheld from these men; but it was a right which was admitted and recognized in this country, and they claimed for these Irishmen who were now committed that; same right which was unquestionably the birthright of Englishmen. They had not yet got that, and it was necessary to keep on hammering away as best they could by the instrumentality of these Estimates, first of all upon Parliament, and then indirectly on the public mind of England. However long it might take them, they must pursue that course, and as a first step he begged to move the reduction of this Vote by the first item—namely, the pay of the Attorney General for Ireland and his allowances, and the pay and allowances of the Solicitor General for Ireland, £4,353.

Motion made, and Question proposed,

"That a sum, not exceeding £44,678, 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, of Criminal Prosecutions and other Law Charges in Ireland, including certain Allowances under the Act 15 and 16 Vic. c. 83."— (Mr. Arthur O'Connor.)

said, he was glad his hon. Friend had moved to reduce the Vote by the salaries of the 0Attorney General and Solicitor General for Ireland, because he wished to make some remarks with regard to their conduct in forcing the trial of prisoners from different parts of the South of Ireland on the jurors of the City of Cork. Last March he had brought under the notice of the House the manner in which the County and City of Cork were treated under the Prevention of Crime Act; and he was sorry to have to say, with regard to the undertaking which he then understood the Solicitor General for Ireland to give—namely, that no further jury-packing should take place—that that practice still prevailed as much as ever. It had again been put in force in the City of Cork, and jurors who had served in the last three or four Assizes under the Prevention of Crime Act had again been summoned to attend the present Assizes. He need not point out to those who knew Ireland the serious inconvenience and loss to which these men were subjected by being drawn from their business day after day, though they were scarcely ever permitted to act on a jury. Under the old system the penalty for non-attendance was only £2; but under the Prevention of Crime Act it was £20, and although these men were invariably told to stand aside by the Sheriff, yet they were not released from duty, and if they failed even on one occasion to answer to their names the Judge inflicted the full penalty of £20. He protested against that practice, and against the way in which prisoners who had been brought to Cork for trial under the Prevention of Crime Act were treated. It was impossible for them to get a fair trial under the system now pursued. He did not say that juries empannelled in these cases went into the box with a determination to bring in verdicts of "guilty;" but they were so prejudiced by passion that they could not take an impartial view of any case of an agrarian character. In a few days these jurors would again be called upon to try prisoners; and he appealed to the Solicitor General for Ireland to do all in his power to prevent these juries from being packed, and to prevent Roman Catholic jurors in Cork from being insulted when called upon to act as jurymen. There was another item in this Vote to which he wished to call attention, and that was the item for the expenses in connection with actions taken against Resident Magistrates, Divisional and other Justices, and the Constabulary, for acts done in the execution of their duty. How much of this, he wished to know, had been spent in conducting the case of Constable Griffin at Cork Assizes, for the balance of 2 s.d. blood tax? The circumstances were as follows:—A gentleman, named Hallissey, in Cork, had had to leave the country some time ago, because he was "Boycotted;" but before he left a large force of police were quartered in the district where he lived, and the cost of these policemen levied on that district. The farmers refused to pay it, and one of them living near Mallow had a mule taken for the debt .This mule was put up for auction by Constable Griffin and bought by the hon. Member for Westmeath (Mr. Harrington) for 2½ d. This left a balance due of 2 s.d., which Constable Griffin sought to recover before the Judge of Assize, but failed, the jury having given a verdict for the defendant. He (Mr. Deasy) should like to know how much of the expenses under this head had been devoted to paying counsel in the case? It would be interesting to know how much this 2 s.d. had cost the Government. There was another matter under Sub-head D to which he wished to draw attention. Some months ago, a case was brought before the Rivers-town, near Cork, Petty Session, in which an Emergency man was charged with having fired at a farmer with intent to kill him. The Crown Prosecutor refused to prosecute the Emergency man; and the result was that the magistrates, who, from their Orange leanings, were on the side of the landlord, did not send the case for trial. He was in favour of reducing the Vote on account of the case he had cited; and when the Division had been taken upon the Motion of his hon. Friend the Member for Queen's County (Mr. A. O'Connor) he (Mr. Deasy) should consider the propriety of asking the Committee to reduce it by £300, which he believed was the salary of the Crown Prosecutor in that part of the county of Cork in which the case to which he had referred occurred. As to the case which the Committee had been considering all that evening, he did not wish to say much; but he had personal knowledge of the fact that on the arrest of Mr. Fitzgerald that gentleman's solicitor's agent was not permitted to see him in Sligo Gaol. His hon. Friend the Member for Mallow (Mr. O'Brien) asked a Question on the subject in the House, and the answer given by the Chief Secretary (Mr. Trevelyan) was that the police made all possible inquiries as to whether the agent was authorized by the prisoner's solicitor to interview him in Sligo Gaol; and they were unable in the course of 24 hours to ascertain whether the man was really a solicitor's clerk or not. He (Mr. Deasy) met the clerk on his way from Sligo, and he gave a different account altogether of what took place. The clerk stated that the policemen knew him well; but told him that they were instructed by the authorities not to permit anyone, even the solicitor himself, to see Mr. Fitzgerald. He (Mr. Deasy) hoped the discussion which had taken place would have the effect of bringing about either the release of the prisoners or their speedy trial. There would be no difficulty at all in trying the prisoners in the City of Cork; and hitherto the Government had not objected to bringing prisoners from all parts of Ireland to Cork to be tried. The case of the Tubbercurry prisoners was an exceptional one; and there was not one on the Irish Benches who would object to have the prisoners tried even by an Orange jury in that city, if the alternative was indefinite imprisonment without trial; but he supposed the Government would keep the men in confinement a little longer, in the hope that they might get such evidence against them as would lead a jury to convict them, it being quite clear that no such evidence was then in the possession of the Crown. If the men were not brought to trial immediately, surely it was not unreasonable to ask that they should be liberated on bail. If Mr. Fitzgerald were liberated on bail, or gave his word that he would not leave the country, he would be as sure to appear when called upon as he would now that he was shut up in Sligo Gaol. Although he (Mr. Deasy) had no personal knowledge of the other prisoners, he believed the same could be said of them. Why was it, therefore, that, perhaps in a week or so, only two out of 11 might be released? It had been said, in palliation of the action of the Government in the case, that three of the prisoners were already on bail in the nominal sum of £25 each. He did not regard the admission of the three men to bail as any great conces- sion on the part of the Government. The people of Ireland could not be expected to have confidence in the administration of the law if these unfortunate men were kept, month after month, and perhaps year after year, in prison, so that the Government might be able to trump up a case against them. He hoped that before the debate closed, and he did not propose that it should close for some time, the Committee would receive some more satisfactory assurance from the Government than they had done up to the present. He believed that if the right hon. Gentleman the Chief Secretary could, even at the eleventh hour, give them the assurance that the Tubbercurry prisoners would be treated justly and fairly much would be done to bring about the early Prorogation of the Session. It could not be expected that the Irish Members would go back to Ireland without being able to show that they had done everything in their power to see that justice was meted out to the men who had been so long and unjustly confined within the walls of Sligo Gaol.

Question put.

The Committee divided: —Ayes 29; Noes 126: Majority 97.—(Div. List, No. 192.)

Original Question again proposed.

said, he thought all Members were agreed that some explanation ought to be afforded of the item of £5,650, which represented the office expenses of the Crown Solicitors. To admit of an explanation being afforded by the Solicitor General for Ireland he moved to reduce the Vote by £4,000.

Motion made, and Question proposed,

"That a sum, not exceeding £45,031, 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, of Criminal Prosecutions and other Law Charges in Ireland, including certain Allowances under the Act 15 and 16 Vic. c. 83."— (Mr. Small.)

said, that perhaps he might trespass upon the time of the Committee before the Solicitor General for Ireland replied to his hon. Friend, as he wished to call attention to a point he had on previous occasions brought before the House. He noticed that there was a great deal of money put down for Law Officers; but only a small sum was charged for jurors. Now, he had always contended that jurors should be paid as well as counsel. Counsel were paid large sums of money; and why should the jurors who had to assist in trials be absolutely out of pocket in consequence of their attendance in Court? In his county jurors were summoned in large numbers to attend the Court in the town of Galway. Many of them had to travel so far as 16 statute miles, and they had to pay their expenses the whole way. He did not propose exactly that the jurors should be paid money in pocket; but he thought that at least the Crown should pay them their travelling expenses, and so much to cover their hotel bills. Jurors were fully entitled to the payment he suggested, because they had to give up their time, which at this time of the year—harvest time—especially was very valuable; and if farmers gave up their time they had done a great deal for the country. As he had said, the jurors in Ireland were summoned in large numbers, and a great many of them were objected to. They had, however, to remain in Court. Under such circumstances, it would be far better not to bring them in, because they would then be saved considerable trouble and expense. If the Crown were obliged to pay jurors their travelling expenses and so much a day, he was convinced that too many would not be summoned. It was really high time that the Executive Government in Ireland should pay some attention to this matter. He had no doubt it would be said that jurors were not paid in England, and why should they be paid in Ireland? He was not sure they should not be paid in England; but, anyhow, the ease of Ireland was very different. In England, jurors were, as a rule, men in good positions; and, besides, the Circuits were very conveniently arranged. Yorkshire, for instance, was divided into three Ridings, and the railway facilities were very great. In Ireland, however, the jurors were required to travel very long distances, and very frequently they had to do so by road. He submitted to the Irish Law Officers, and also to the Prime Minister, whom he was glad to see in his place, that some arrangement should at least be made by which Irish jurors could be paid their travelling expenses and hotel bills, because it was not defended for a minute that jurors should have to pay hard cash out of pocket for their attendance in Court. There was another reason why jurors in Ireland ought to be paid. Unfortunately, the weight of the Irish jury system fell, in almost all cases, on the farming class. Somehow or other the landlords escaped the duty of serving on juries; and they either lived out of Ireland, or they had certain occupations which exempted them from serving; and most of the professional men were exempted also. The consequence was that a great deal too much jury-work was thrown on the farmers, upon whom, as long as they were obliged to pay their own expenses, the duty was a very heavy tax. He hoped the Law Officers would take this great practical grievance into their serious consideration.

rose (at 20 minutes to 12 o'clock) to move to report Progress. He pointed out that at the commencement of the Sitting an arrangement was made that at half-past 11 Progress should be reported, in order that the Burgh Police and Health (Scotland) Bill should be taken into consideration. He understood that the discussion upon this Vote was likely to last some considerable time longer; and if that were so, it would be extremely inconvenient to Scotch, and other Members, that they should be kept in attendance until the small hours of the morning, in order to consider the merits of such an important measure as that he had mentioned. He was sorry to interfere with the Business of the Committee; but, under the circumstances, he felt bound to move to report Progress.

Motion made, and Question proposed,"That the Chairman do report Progress, and ask leave to sit again."— (Sir John Hay.)

said, the right hon. and gallant Gentleman knew very well that such engagements as to which he had alluded were made in perfect good faith, but that some latitude must be allowed. The Government would not ask very much latitude; but it must be borne in mind that they had not yet taken the Vote. Under the circumstances, and having disposed, as the Committee had done, of several important Amendments to the Vote, he hoped that more time would be allowed tonight in which it might be possible to take the Vote. The Government would not trespass upon the patience of hon. Members too much.

asked leave to withdraw his Motion.

Motion, by leave, withdrawn.

Question again proposed,

"That a sum, not exceeding £45,031, 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, of Criminal Prosecutions and other Law Charges in Ireland, including certain Allowances under the Act 15 and 16 Vic. c. 83."— (Mr. Small.)

said, that in reply to the hon. Gentleman (Mr. Small), he had simply to say that the Crown Solicitors undertook certain duties, and they were paid fixed salaries. The question which was raised by the hon. and gallant Gentleman the Member for County Galway (Colonel Nolan) was a very large one. It was, indeed, a question of general policy, and therefore did not lie within the province of any Law Officers; it could not be dealt with by any administrative official.

said, the item he referred to was the allowance for office expenses of Crown Solicitors. He wished to know what those expenses were?

said, the item represented the salaries of the clerks which Crown Solicitors were obliged to keep, in order that they could discharge their duties properly.

said, there was one other case to which he wished to direct the attention of the Chief Secretary (Mr. Trevelyan) and the Solicitor General for Ireland (Mr. Walker). From time to time he had drawn attention to the case—namely, that of the failure of justice in the prosecution instituted by the Government against Colonel Digby, a landlord in the county of Westmeath. The case curiously illustrated the manner in which the law operated with regard to the different classes in Ireland. If a poor person had been involved, no difficulty would have been experienced; but it was simply because the man concerned was a landlord and a Justice of the Peace that the Crown had found themselves wholly unable to bring him to justice. As early as the commencement of the Session his attention was drawn to a case where this gentleman made a deliberate attempt to obtain arrears by fraud—by lodging an affidavit, and getting a certain number of tenants to join him in it, alleging, falsely, that rent was due to him. Some time after that, attention was called to another case by the hon. Member for Monaghan (Mr. Healy); and Colonel Digby then saw the danger of the course he was entering upon, and wrote to the Land Commissioners, after they had certified him that the Court was prepared to fix the arrears, to say that he had made a mistake in the case. This was when attention was drawn to the case of John Burke, the Surveyor General in Dublin. It was strange that the Solicitor to the Land Commissioners acceded to the application of Colonel Digby to have the case withdrawn. The Commissioners had before them the affidavits sworn by the landlord and by the tenants; and though he had made his formal application, the Land Commissioners, having before them the clearest evidence of an attempt to commit a fraud, allowed the withdrawal of the application, and never took the slightest step to bring the offender to justice for an attempt at fraud. This was in itself a very extraordinary case, and it showed how the whole system of officials and official life in Ireland worked for the benefit of one class of people as against the benefit of another class, and how, with perfect impunity, a certain class of men occupying high social positions in Ireland did what they liked to trample on the laws, and to commit injustice and attempt embezzlement. When the facts were brought under his notice, as the Representative of the county, he had drawn the attention of the Land Commissioners to them. He had pointed out the early period at which the affidavit had been made by the landlord and the tenants, and had laid before the Land Commissioners two depositions sworn to by tenants, in which they stated that Colonel Digby had entered into a treaty with them to endeavour to defraud the Court; that he had told them they were fools, and that he could get money for them from the Court. The tenants also, in these depositions, stated that, in order to satisfy the very pointed demands of this gentleman for his rent, they had borrowed the money to pay him; and that, therefore, they them- selves believed, the money having been borrowed, that they had acted in bona fides. How about the position of the landlord? Here was a Grand Juror of Westmeath swearing falsely that arrears of rent were due, and getting these men also to swear an affidavit in the matter. The attention of the Land Commissioners had been specifically drawn to the case. At first they decided it as an application to discharge the case from Court, and they made no effort to bring the offender to justice. Several months afterwards, when he brought it again under the attention of the Commissioners, drawing their attention to that section of the Act which invested them with the power, where an attempt had been made to commit a fraud on the Court, to proceed against the person so attempting to commit a fraud. Not alone did the Act empower the Commissioners to take action where a person had committed a fraud, but where he had attempted to do so. The Commissioners did not move themselves, and when he brought the facts clearly before their notice through a solicitor in Dublin, in whose charge he gave the case, the Commissioners refused to move one step in the matter. It would be a long time before the impression was removed from the minds of the people of Ireland that these Commissioners, to whom they had given the power of settling rents in Ireland, if they made themselves the friends of the landlords by refusing to punish them for fraud, would equally make themselves the friends of the landlords when appeals were lodged against decisions in favour of tenants. He (Mr. Harrington) had felt it necessary, when the Land Commission refused to take up the case, to send all the documents to the Attorney General for Ireland. It was complained in another case that evidence had not been given; but the right hon. and learned Gentleman could not raise such a plea in this matter, because all the evidence, including depositions sworn before the magistrates, and the rent receipts, clearly establishing the fraud, had been submitted to him. Well, after some time, the Attorney General for Ireland did move in the business, and sent down the Crown Solicitor for Westmeath to examine into the circumstances of the case, with the result that a prosecution was instituted against Colonel Digby for attempting fraudulently to obtain arrears from the Land Commissioners in respect of two tenants. What happened? Why, at the Petty Sessions where the case was tried, the Resident Magistrate attended, and with him two local Justices, one of whom put in an appearance for the first time for two years. Mark this fact. For a period of two years this dispenser of justice, this officer of the law in Ireland, had not put in an appearance in that local Petty Sessions Court; but he came down on this occasion, when one of his friends was in a little trouble, to shield him from that justice which he was supposed to be there to administer. The second of the two local magistrates, he was informed, had not, until the occasion in question, attended at the Petty Sessions for a period of nine months. He was a very irregular attendant at the Court—he very rarely turned up. At the conclusion of the hearing of the case, the trial having proceeded upon only one of the attempts at fraud, one of the tenants was examined, and the rent receipts were produced in Court; and because Colonel Digby had written this letter to the Land Court, withdrawing his application, or endeavouring to save himself from the consequences of his action, the two local Justices founded their decision upon that fact, and refused to return him for trial at the Assizes, though the Resident Magistrate expressed an opinion the other way, and was strongly in favour of committing the man for trial. Justice, therefore, was not done in the case. He (Mr. Harrington) believed it was competent for the Resident Magistrate to have committed Colonel Digby for trial, in spite of the local magistrates; and, if that were so, it was surprising that he had not done it. He did not know whether he was right in his statement of the law; but he believed it was competent for the Resident Magistrate, even where the local magistrates did not concur, to have received the informations and have returned the case for trial at the Assizes. He (Mr. Harrington) had put a Question to the Government in the House on this case. He had asked whether they intended to prosecute, and a further step had been taken. The Grand Jury of Westmeath had been asked to present a bill; but they had decided in favour of Colonel Digby, and had saved him from the consequences of the heinous crime of endeavouring to embezzle a sum from the Treasury. The Grand Jury threw out the bill. It was competent for the Crown to move to change the venue from the County of Westmeath; but they had done nothing at all of the kind. They had not changed the venue, and up to the present time they had taken no step whatever to endeavour to bring this gentleman to justice. A stronger case had since come to light, and stronger facts had been gathered. Immediately after the bill had been thrown out by the Grand Jury, he (Mr. Harrington) had received information directing his attention to a case where not alone was an effort made by this gentleman to abstract money from the Land Court, but where he succeeded in getting it. The right hon. Gentleman the Chief Secretary to the Lord Lieutenant had admitted the facts so far as this—that, in the instance pointed out, application was made for arrears of rent which were alleged to be due, and that at the time the application was made this man had actually disposed of his interest in the holding—that when he had made the application, he had sold the holding to a tenant who had promised to pay him the amount of the rent due. Now, this was a case where there could be no question at all as to intention. The question raised before, in the other case, was as to the intent to defraud. Here, however, where the man received the money and pocketed it, there could be no question of the intention. He (Mr. Harrington) contended that a most unfortunate impression would be produced in the minds of the people of Ireland if the Government showed they were unable to bring men to justice when they attempted a fraud and admitted—as they seemed inclined to do in this case—that they were wholly unable to bring to justice men of high social position who attempted to swindle the Government. Would the Crown attempt to bring this man to justice—would they, as they had done in the case of so many agrarian crimes in Ireland, change the venue and bring the man to trial outside his own county, where he would not be on the Grand Jury and have brother jurors to protect him?

This is a case which, so far as it relates to Members of the Government and officers whose salaries are being considered, can be dealt with in one sentence. The charge is against Justices of the Peace, who are unpaid, and against members of the Grand Jury, who are unpaid likewise. The main charge is, that this gentleman attempted to take money corruptly from the Exchequer—attempted first, and then obtained it afterwards. What was the action of the Government? Why, in the first instance, they applied for information from the Bench of Magistrates. The magistrates refused to give it, and there, in the ordinary course of events, the case would have stopped. But the Government, thinking the case important, went further. They sent the case up to the Grand Jury without obtaining information from the magistrates, and the Grand Jury threw the bill out. The Government may, therefore, be said to have exhausted all the means at their disposal for obtaining a conviction.

That would have been improper at a time when there was no reason to suspect favouritism. The Government made full use of all the documents placed in their hands on the previous occasion. The Crown Solicitor—who is the only person concerned whose salary we are now considering—was not to be blamed. The Government are still considering the matter—they are obtaining information and explanations. If they are satisfactory, the case will stand as at present; if they are not, the Attorney General for Ireland will adopt the best means for bringing about a prosecution. Until he has the full case before him, it is impossible to say what may be done.

said, he rose to move that the Chairman do report Progress, and ask leave to sit again. He should be very much surprised indeed if the Scotch Members were satisfied with the attempt the Prime Minister had made to release himself from the engagement he had deliberately entered into in the hearing of every Member of the House with reference to the Burgh Police and Health (Scotland) Bill. What reason had the right hon. Gentleman given for it? Why, that the Government had not obtained any money. Why had they not obtained money? Because of their determined defence of a position for three hours—their defence of a position which, in the end, they had abandoned—surrendered to hon. Gentlemen sitting behind them. The Scotch Members were not responsible for that. He believed the Scotch Members would join with him in refusing to have their Business postponed to such a late hour. The Burgh Police and Health (Scotland) Bill was a considerable Bill, consisting of 529 clauses. It was opposed, and could not be taken after half-past 12—that was to say, in another 20 minutes it could not come on. It was opposed, not by Members representing Scotch constituencies, but by an hon. Member representing an English borough.

The hon. Member cannot discuss the position of the Bill on the Question that I report Progress.

I want to point out that the Bill, being blocked, cannot be brought on after half-past 12. I move to report Progress.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."— (Sir Herbert Maxwell.)

I think the speech we have just heard might very well have been spared, coming from a Scotch Member who desires to save time, and to prevent this Bill, being blocked. I will not reply to his kind compliment to me, that I have endeavoured to escape from my engagement. I think there are very few in this House who will agree with him in that charge. I do not think I am capable of endeavouring to escape from an engagement.

The hon. Baronet has had his say. The right hon. and gallant Gentleman opposite (Sir John Hay) kindly and courteously admitted the force of what I said; and I have actually suggested to my right hon. Friend the Chief Secretary to the Lord Lieutenant that it was time for us to say we might now report Progress and bring on the Bill. I shall say no more. Progress will be reported.

Question put, and agreed to.

Committee report Progress; to sit again To-morrow.

Revenue, &C. (Licence, &C.)

Considered in Committee.

(In the Committee.)

1. Resolved, That it is expedient to authorise the imposition of an Excise Duty of five shillings and three pence for the sale of Tobacco in Railway Carriages.

2. Resolved, That it is expedient to authorise the Commissioners of Her Majesty's Treasury to direct to be written off, the claim of the Exchequer for any sum due in account from the Post Office, in respect of the excess of the expenses of granting and managing Government Annuities over and above the fees received.

Resolutions to be reported To-morrow.

Burgh Police and Health (Scotland)

( The Lord Advocate, Mr. Solicitor General for Scotland. )

Committee

Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."

said, that though he bad given Notice of opposition to this stage, he had no desire to oppose it in any disagreeable spirit, as he understood it was the wish of the majority of the Scotch Members that the Bill should be proceeded with as far as possible at that late period of the Session. But he thought it right to call the attention of the House to the very great importance of this measure, as well as to its enormous length. It was a Bill of over 500 clauses, which dealt in the most drastic and severe fashion with every phase of life in urban districts in Scotland; and such a Bill seemed to him to deserve a greater degree of attention in that House than it had received or was likely to receive. It interfered with the liberty of every citizen in Scotland in his domestic and public relations; and it was singular that the discussion of the Bill had not taken place in any public shape. Hon. Members who had received the Report of the Select Committee to which the Bill was committed would observe that the first Division in Committee was on the question whether reporters should be admitted, and he was surprised to see that the Committee decided to deal with the Bill with closed doors. He believed it was a fact that during all these days the Bill had been under discussion, not one single day's proceedings had been reported in any of the Scotch newspapers. The Committee was so appointed as to supply the place of the Grand Committee. Well, the proceedings of the Grand Committees were reported, their business being conducted with open doors; but not so in the case of this Bill. In 1882, a large number of Private Bills were introduced by the authorities of English and Scotch boroughs, going over much the same ground as the present Bill; and, thanks to the energy of the hon. and learned Member for Stockport (Mr. Hopwood), those Private Bills were referred to a Select Committee, presided over by the right hon. Gentleman the Member for North Hampshire (Mr. Sclater-Booth). As a Member of that Committee, he (Mr. M'Laren) was bound to say that the attention given to those Bills, of far less relative importance than the present measure, was far greater than the attention given to this Bill. He did not wish to disparage the Select Committee on the Police Bill; but the Police and Sanitary Committee of 1882 took evidence in regard to the clauses which were now to be passed without the slightest discussion in this measure. The Local Government Board had supplied memoranda with regard to all parts of the Bills. Gentlemen attended from the Local Government Board, and gave their opinion as to the effect of these clauses. They cross-examined these gentlemen with considerable minuteness, and also numerous Medical Officers, Officers of Health, Aldermen, Town Councillors, and all who came up in support of the Bills, the result being that a vast number of clauses were struck out which now appeared in this larger measure. He admitted there was a difference between the Bills of 1882 and the present measure. The Bills in 1882 were Private Bills, and the Committee had proceeded on the principle that it was not right to discuss in Private Bills matters affecting popular liberty, and which ought to be dealt with by the Whole House. He admitted this was a Public Bill, and that it was perfectly right to deal with all these questions in it; but he did appeal to English as well as to Scotch Members—was it possible for a Bill of 500 clauses, at that period of the Session, to meet with the attention it deserved? He did not wish to occupy the time of the House in debating the clauses of the Bill, therefore, he would say nothing whatever about them. When the Speaker left the Chair—as he would shortly—he should not hesitate to press the Amendments of which he had given Notice; and he trusted his hon. Friends and other Scotch Members who had given Notice of Amendments would do the same. He felt sure that his right hon. and learned Friend the Lord Advocate would, under the peculiar circumstances of the case, be disposed to make such concessions as he could in these particular clauses. If that were not done, he (Mr. M'Laren) was confident in the wisdom of "another place," and he had very little doubt that the Bill would receive very severe treatment if ever it left the door of this House. He should not press the Amendment of which he had given Notice.

said, the hon. Gentleman opposite (Sir Herbert Maxwell) seemed to think that he (Mr. Hopwood) owed an apology to the House for interfering in this matter, because he was an English Member who had undertaken to call attention to this Bill, which proposed to deal with Scotland alone. But he supposed the hon. Member had no objection to Englishmen travelling in or residing in Scotland; and it did seem necessary that English Members of Parliament should take under their care the laws which greeted them when they arrived in Scotland. Nobody disputed the fact that Scotch Members had a perfect right to interfere in, and to endeavour to improve, English legislation. With this short apology, he would just say a word or two on the action he had ventured to take in this matter. His hon. and learned Friend who had just sat down had described what was done by a former Committee. His hon. and learned Friend had rendered excellent service on that Committee, and so also did his hon. Friend the Member for Wolverhampton (Mr. H. H. Fowler); and the same Gentlemen, with other Members of the House, rendered great service in going through a number of Bills. They had spent 30 days in going through those Bills relating to England. The Scotch Members who sat on the Committee upon the Scotch Bills devoted a number of days to the work, no doubt; but they had not sought to bring the measure into harmony with English law, which was what he wanted to see done, as much as possible, in these matters, and the result was that there would be different laws for the two countries. He quite admitted that it was impossible for that House to effect this in Committee; but it was possible for him to make some protest upon the subject; and he thought it was right that he should do so, because, with all respect for the hon. Members who supported this measure, there was in Scotland a notion among the higher orders of men—the baillies, magistrates, Commissioners, and such like—that arbitrary powers were to be placed in their hands and in the hands of the police to guide and govern everybody in minute relations of life. He would avoid going into details generally; but he wished in several respects to invite the attention of the House to the condition of things. Most of the provisions of this measure were, he believed, founded upon the various Improvement Bills which had been passed into law for various burghs in Scotland, and some of these Improvement Bills had been of the most arbitrary description. He was aware that the Lord Advocate had considerably modified some of these provisions—provisions of such a character that they strongly attracted attention in the case of several Scotch towns, and provisions which were far more arbitrary than those sought to be brought in by the Municipal Authorities of English towns. It was this which brought about that reference to the Select Committee on which his hon. Friend (Mr. H. H. Fowler) did such excellent service. A short review of what was intended to be done by some of these provisions would certainly prove interesting. There were police regulations as to lighting and cleansing on the staircases of "common dwellings," and so on. That was a specimen of the minuteness with which they condescended to such small matters in Scotland—nothing was to be done without the police, and the public authority insisted on the carrying out of the details of the private relations of people under the terror of penalties. Then there were orders for licensing porters and news-vendors. There was no such thing as free trade—everybody was to be dependent on the goodwill of a couple of magistrates, as would be found on reference to Clause 360. That was the sort of thing that was to find its way into an Act for the whole of Scotland. It was thought necessary to provide power to break into a house in case of fire—that was how they legislated for Scotland—though he should have thought that the very necessity of the matter provided law and excuse enough. Then he absolutely found that if a swimmer passed certain boundary posts, when he came back he would find himself in the hands of the police, and would be fined 40 s. ! That was the sort of thing which ran through the Bill throughout. He should abstain from going into details, though they would make his case very much stronger. There were a series of bye-laws for controlling old clothes dealers, and he protested against any burgh being allowed to frame such a series of bye-laws, even though the high sanction of the Sheriff was required to be given to them before they were to have the force of law. He found that the only check upon all this was that it was to be not repugnant to the law of Scotland. But he supposed that every fresh enactment was in a sense repugnant to the existing law, because it was a new law; and if these burghs were to be permitted to control all these various matters, and others which he did not specify, because other Members might call attention to them bye and bye, the situation would be intolerable. Then there was authority to repeal, to alter, and to re-enact these bye-laws, so that there might be a perpetually shifting body of law. It was true that most of these provisions had reference to humble trades and occupations, where, perhaps, the poverty of the people, or their lowness in the social scale, might render them powerless to object; and he protested on behalf of poor Scotchmen, just as he would on behalf of poor Englishmen, against their being made subject to shifting bye-laws and to various penalties to be altered at the will of the Commissioners when sanctioned by the Sheriff. Then he came to the sanitary provisions, and he would commend then to the attention of any hon. Member as a perfect curiosity. He believed these sanitary provisions were not considered stiff enough for one or two towns which already had more severe ones of their own; but they presented a remarkable curiosity in legislation, as anyone might see, by looking at the clauses following the 321st. He did not intend to go through them in succession; but he thought he might pronounce them to be exceedingly arbitrary. He found that, having named certain infectious diseases, for the notification of which provision was made, there was power given to the Commissioners, with the approval of the Board of Supervision—which was something like the Local Government Board in this country—to add any other infectious disease to the number of those specifically mentioned. Then there were powers to remove persons, to prevent the spread of infectious diseases; and all that had to be done was to get a certificate, signed by a medical officer, for the removal from a house of all the residents therein who were not suffering from the disease. The whole thing depended upon the discretion of a medical officer. He would ask hon. Members how they would like to inflict such a law upon their own friends and families—to apply it to their own houses? Here was a single medical officer, who might be a first class man, or who might, on the other hand, be a very inferior man; and, at all events, as a rule, he would be a man who had his spurs to win, for the best medical men were not likely to take these appointments—and upon the certificate of that man a whole family might be removed at his will and pleasure. Of course, it was argued that this sort of thing could only be done on the production of a certificate signed by a medical officer; but, on the production of such a certificate, any magistrate might make the order. Then there were powers as to the disinfection of premises, and so on. Of course, all these provisions were perfectly futile and useless in the case of persons who had good houses of their own, and who might be as daring and as reckless as they pleased; but those who happened to be rather poor, and who had not a house to themselves, but dwelt with others, could not call their house their own, or be free from the Inspector or the medical officer, who might harass them in any way he pleased. He would give another specimen. It was provided that no one must deposit in any midden anything that might communicate any infectious disease. He would abstain from reading the clause, for decency would not allow it; but it was Clause 328. Many of the powers given were such as could be much better carried out, not by legislative enactment, but by coaxing, and by moral authority; and to give to a magistrate power to tear away from a family those who were most dear to it, whether living or dead, and all at the will of a medical officer—these were things which he must most strongly protest against. He believed that the sanitary regulation of the burghs of Scotland could be much better provided for without all these terrors and penalties, or the placing of such extensive powers in the hands of the police. One of these sanitary regulations he should like to draw attention to for a moment. It provided that any person who took in washing, and whose house contained anyone supposed to be suffering from an infectious disease, was liable to a penalty for allowing the linen to go back from her house. That affected the poor laundress; and here he wished to point out how little the other side of the case was thought of, for he did not find any prohibition against those who employed the laundress. A man who had a house of his own, and who was rich enough to order the linen to be sent out, might have a child laid up with measles or scarlet fever, and might recklessly send the whole of the linen used by that child to the laundress, and infect her family with the disease; but if the laundress did it she was liable to a penalty. That was Clause 230. What he complained of was that nothing was left to personal prudence. Then he came to the offences, beginning at Clause 392, and they really formed a curiosity of legal study. He could hear an hon. Friend rather boasting, as if these were patterns to be followed; but he could only say that if such enactments were to be applied to England, he hoped that all the old women of the streets would stand up in revolution against them. He would mention one provision as a matter of curiosity. If anyone used in any way whatever any sham bank note, whether it was done in sport or not, he would be liable to be charged as for an offence in Scotland. Then, in the street regulations, great care was taken in pointing out on which side of the street—whether on the right or the left—a man should be permitted to drive a cart; and, by Sub-section 9 of Clause 393, a penalty was provided for the man who was driving a cart slowly, and who would not get out of the way quickly enough for a swift carriage, perhaps driven by some imperious fellow. It was also provided that prostitutes and street-walkers should be liable to penalties, if they loitered about or importuned passengers; and that anybody who habitually or persistently importuned or solicited women or children should be liable to penalties. This was the first time that such a provision had ever been put into a Bill; and it did seem to be carrying the law to a point that had never been reached before. At the same time, he was rather glad to see that men who habitually or persistently importuned were to be put on a more equal footing with the other sex for breaking the laws of morality. He did not see why the law should not be a little levelled down, to put men and women more on an equality in this matter. Then he found it was an offence to place a flower pot in an upper window without a sufficient guard to it to prevent accidents, or for anyone to throw from a roof any slate or brick. Surely, these things might be left to the natural protection afforded by the fact that the man who did this sort of thing was liable to damages for any accident that might happen, and that fact generally induced people to act with sufficient caution. If an injury was caused, then let the conduct of the offending person be an offence. He did not wish to waste the time of the House, and he thought he had justified, to some extent, what he undertook to do. He found it was provided that no one under the age of 14 years should drive anything, or be in charge of any vehicle, or, he supposed, should even hold a horse for a horseman. Then he turned to disorderly houses. He did not wish to dwell on that subject; but he maintained that the whole policy pursued in that matter was to put things into the hands of the police, and everybody knew the difficulty and danger that ensued from that. When the police were employed for these matters very great risks were run. The proper business of the police was to preserve order and to detect crime; and when they were provided with inducements to watch these houses and control them they became a source of manifest danger to the country, for, possessing the power of laying informations, or informing their superiors of the existence of these places, it was not to be expected that men who were being paid 25 s. a-week would be able to resist the temptations which the keepers of disorderly houses would be sure to place in their way. It was very possible that any policeman might, under such circumstances, be corrupted; and when a policeman was corrupted it was easy to imagine what would be the result. The consequence of too great severity in the laws was well enough known. Where a policeman had power to bring a man before the magistrates for an offence, the first penalty for which was £20, with accumulating penalties for every subsequent offence, the natural result was to make their cities whited sepulchres, looking well enough outside, but no one knowing what abominations were going on inside, or, possibly, just outside their boundaries, where all the immorality might be congregated together. Then there was the question of the suppression of vagrants. It was very desirable to suppress vagrants; but it might be done too cruelly, with too great severity—and he believed that many people who read the clauses of the Bill, from Clause 423 onwards, would look upon them as exceeding the real requirements of the case. He did not think he had wasted the time of the House; but he could not pursue this particular point any further. He came now to brokers and pawnbrokers, and he found that they were treated with uncommon severity. He found that it was not possible for a broker to carry on his trade without having his books, and the nature of his entries therein, prescribed for him. Such provisions did not repress the dishonest man, who would have his books in order with sham entries; but the honest trader was harassed in every way in carrying on his business. He had now done all that he could in pointing out these matters, though he felt that he could, perhaps, interest the House by continuing the catalogue. Hon. Gentlemen who were enamoured of this despotic kind of legislation did not like to hear all these things; and, no doubt, it would be much easier and more comfortable to pass the Bill and go home to bed than to stop there to discuss it. But here were 500 clauses to be passed in this way long after midnight, and he suggested that this was not the way in which legislation should be carried on. He did not undervalue the services of those of his hon. Friends who sat on the Committee, and his personal inclination to gratify them would incline him at once to withdraw from any further opposition, but for the fact that duty was a matter far beyond any personal gratification of that kind. However, he felt that the House had now given him a sufficient hearing, and he could assure hon. Gentlemen that his statement of the case had much suffered from his anxious desire to bring his remarks within as small a compass as possible. He begged to move that the House do go into Committee on the Bill on that day three months.

, in seconding the Amendment, desired to say that while he had every disposition to believe in the good sense of Scotland, he could see very little common sense in this Bill, which was one of a most extraordinary nature, abounding in petty tyrannies, and containing so many absurdities and tomfooleries that he thought the good sense of those Scotchmen who approved of it had utterly vanished. The hon. and learned Member for Stockport (Mr. Hopwood) had not at all exaggerated the absurdities of the Bill. In this country it had been found necessary to check the almost insane tendency of little petty persons dressed in a little brief authority to make tyrannical laws in the most Puritanical spirit. If there had been collected all the most ridiculous specimens of regulations that could be found, and they had all been concentrated into one single focus of absurdity, there could not have been made a worse Bill than this. He saw sitting on the Treasury Bench opposite the parent of the phrase "grandmotherly legislation;" and he must say that he hoped the right hon. Gentleman would do something to rescue his Colleagues from the shame that would be cast upon them if this Bill were allowed to pass. If such a Bill were to pass at all, it should have been brought in at an earlier period of the Session, when it could have been properly discussed and amended. At 5 o'clock that morning the Government gave way in the case of another measure, because the Irish Members had the sense to see that the Bill was absurd; but Scotland, it seemed, was to be treated differently, and a Bill was to be passed to prohibit children under 10 years of age from selling newspapers in the streets. Some of the extraordinary provisions of the Bill dealt with swine, and the places in which they were to be kept. It almost seemed to give colour to the view that their Scotch fellow-citizens were descendants of the lost tribes, for they seemed to have the Jewish antipathy to swine. Then the curfew was actually to be re-established. The old Saxons, who did not like to be played with, almost thought that the most cruel and bitter thing which their conquerors did was to extinguish their fires at 8 o'clock; but the curfew was actually to be re-established in the 19th century in civilized Scotland, or semi-civilized Scotland, as it ought now to be called. Times were to be fixed for lighting and extinguishing the lights in common-stairs, passages, and private coverts, and the order was to be fixed in which the occupiers of flats were to be responsible for extinguishing the lights. The Norman Conqueror cruelly fixed a time for putting out the lights; but these modern people not only said when the lights were to go out, but how it was to be done, and fixed the order of rotation. Then there were regulations as to when the stairs were to be swept. The people must not sweep their stairs when they liked—it was to be a matter of regulation and law. Then there were regulations as to the numerous receptacles for every kind of filth, mentioned with elaboration and scant decency, in the Bill. Without entering into anything uncommonly nasty—though the Bill was full of such material—he might mention that one bye-law forbade foul water from percolating from one house or building to another; and then there were to be depôts established—a grand word for receptacles for bones, carrion, and rags. These ridiculous and paltry little matters were to be dealt with by a fine of 10 s. for every day the offence was committed. It was difficult to express one's opinion of this without indignation. Then they were weak enough to think that they could make everyone moral by petty restrictions; but the days of Puritanism had gone by. It might be a sad thing that women should traverse the streets; but this wretched piece of legislation decreed that they must move at a certain regulated pace, according to the byelaws. The poor wretch must not loiter. Again, the boy who threw a snowball, which was an act contrary to the bye-laws—what Member of that House had not thrown a snowball?—was liable to severe punishment, and, worse than that, the poor boy who flew a kite was also liable to be punished. Wherever this Act was not extremely tyrannical it was supremely ridiculous. Here was another instance. If they were building a house and were having any lime ground up with the plaster, and the wind blew it about, that was another crime, because they ought to have put down water to prevent its being blown about. And then there was a moral injunction against shaking and beating any carpets or rugs, because it was contrary to the bye-laws. If one happened to crush up against a person in the streets of a town in Scotland, that was a crime; and if a person stood on the sill of a window for the purpose of cleaning the panes, even if the sill were only two feet from the ground, he was to be punished. Then there was another provision about pieces of orange peel being thrown upon the pavements, which was also an offence under this Act. Hon. Members must know that a great number of offences set forth in the Bill were punishable at Common Law; but that was not sufficient for the framers of this Bill; they must deal with acts of juvenility in the way he had described. In Clause 394 they found an extraordinary provision, which he did not think would be sanctioned by Parliament. In that clause they were told that no public procession should take place without the consent of the magistrates. He rather commended that clause to the consideration of Liberal Members who might want to get up demonstrations; and he would ask them whether it was, or was not, a violation of the freedom of the subject? Was it, or was it not, the right of all persons to walk in an orderly way through the streets in procession? As a Tory, he was in favour of the liberty of the subject; but he found that tyranny was always inflicted by the Liberals. He asked them whether it was really intended that no public procession, not even that of a Sunday School with its teachers, should be allowed to walk along the streets, however small the procession, five, six, or seven, as the case might be, without the consent of the magistrates? If the Bill were a sensible one, he should have no objec- tion to its being read a second time; but, under the circumstances, he should feel it his duty to support the Motion of the hon. and learned Member for Stockport; and unless Scotch Members wished to cover themselves with ridicule he thought they would do well in following his example.

Amendment proposed,

To leave out from the word "That" to the end of the Question, in order to add the words "this House will, upon this day three months, resolve itself into the said Committee,"— (Mr. Hopwood,)

—instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Question."

said, without at all adopting the views of the hon. and learned Member for Bridport (Mr. Warton), he felt bound to express the strong feeling which prevailed in Scotland, that sufficient time and opportunity had not been allowed for the full consideration of this measure. He was in favour of the codification of the law, and also, in the main, in favour of the Bill itself. He had been a Member of the Committee, which had devoted the greatest attention to this Bill in discussing the clauses seriatim for very many days; but he could inform the House that the prevailing feeling in Scotland was one of regret with regard to the shortness of time at their disposal for the consideration of the measure. He held in his hand a letter from the Town Clerk of the Town Council of Aberdeen which had passed a Resolution to this effect—

"That the Town Council are of opinion that sufficient time has not been allowed for the consideration in Scotland of this Bill, as amended, and they strongly recommend that it be not passed by Parliament during the present Session."

The Bill was of enormous length, and it embraced the whole field of the duties and functions of administration in burghs with regard to police, public health, and the details of sanitary matters generally. The Bill had, no doubt, been carefully considered by the Select Committee; but there were very many clauses struck out altogether, and many materially altered; and he was sorry to find that the Town Council of Aberdeen, at least, did not consider that in many cases any improvement had been effected thereby. There had been, besides, many clauses added, and other large changes made, and the Bill, as amended, was formally ordered by the House to be reprinted so recently as the 18th of the present month; and, therefore, he was bound to admit that there was some solid ground for the contention of the public Bodies that they had not been allowed sufficient opportunity to consider a measure which travelled over so wide a field, and which was of such immense importance. It must be considered also that the present Bill overrode and superseded the existing Police Acts, which had been framed with very great care, and which, in many of their clauses, were, perhaps, actually better than the corresponding clauses in this Bill. He felt bound to say, in conclusion, that the feeling prevailing in the burgh which he had the honour to represent (Aberdeen) appeared to him to be very greatly in favour of the postponement of the Bill.

said, that in the remarks which he made at an earlier part of the discussion he intended no reference whatever to the hon. and learned Member for Stockport (Mr. Hopwood) with regard to the course he had taken in this matter. As a matter of fact, he thought that the hon. and learned Member was fully justified in opposing this Bill. It was not reasonable to ask the House to consider a Bill containing 529 clauses on the 30th of July at 1 o'clock in the morning, especially when they remembered that the House was still sitting at 5 o'clock yesterday morning. He rose, however, for the purpose of offering some observations on the course adopted by the hon. and learned Member for Stafford (Mr. M'Laren). The hon. and learned Member had stated that he would not persist in his objection to the Bill; he said he was not reconciled to the measure; but he expressed himself perfectly satisfied that the Bill would be effectively and finally dealt with in "another place." Now, he did not think that that was a course either creditable to the hon. and learned Member or that House. They had to decide with regard to the Bill upon its merits; and he thought it likely that when the hon. and learned Member went into the country he would have something to say more or less complimentary of the other House. And one of his complaints would probably be that the time spent by hon. Members in the House of Commons in the consideration of Bills such as this was utterly lost in consequence of the action taken by the House of Peers. He thought he had replied to the observations which fell from the hon. and learned Member as to whether the Bill should he allowed to go into Committee or not. They would probably hear the right hon. and learned Gentleman the Lord Advocate on that question, as it was that on which would probably depend all his hopes of carrying the Bill through. In his opinion, it would be most regretable, if, in consequence of the mode in which Her Majesty's Government had dealt with the time at their disposal, the labours of the Select Committee should be entirely lost. Had Her Majesty's Government seen fit to introduce this Bill at a reasonable period of the Session, which he thought was quite within their power, it would have received the amount of consideration given it by the Select Committee; and there would have been, besides, ample time for it to have been discussed and fully considered in that House. Believing that the Bill, as a whole, was desirable, if the Lord Advocate persevered in his determination to carry it through the Committee stage, he should very cordially support him.

said, the Bill was of a very detailed character, and such as only men of great experience in municipal affairs could adequately criticize; but it had been very carefully considered by the Select Committee. It had issued from them within the last two weeks, and the earliest day on which his constituents could have got a copy of the amended Bill was last Wednesday morning. They proceeded immediately they received the .Bill to take it into consideration, and in order to make the position plain he would relate to the House what took place before the Bill was received. The Bill was sent to a Select Committee; according to the Rules of the House that Committee sat with closed doors; but it was moved in the Committee that the public should be admitted in order that the various Amendments proposed might be reported and the progress of the Bill known out-of-doors. But that Amendment was defeated, and the result was that the municipal authorities in Scotland had been unable to follow the discussions which had taken place, or the Amendments made in the Com- mittee, and that the Bill came down to the House practically a new measure. He would put it to the Government, in view of what had taken place, whether it was reasonable, at that period of the Session—within, as they hoped, a week of the Prorogation, to endeavour to urge through the House a Bill of these enormous dimensions, which, on account of its great elaboration of detail, could not possibly be discussed as it ought to be. Not only did the Corporation of Edinburgh strongly disapprove the Bill being hurried through Parliament without adequate discussion, but every day that the Bill was before the Select Committee he received numbers of letters asking if such or such a clause was retained in the Bill, what was the meaning of this alteration, was there any possibility of having the Bill restored its original form, and what opportunity there would be of submitting to the House the Amendments thought necessary? The Bill had been very carefully considered in the Committee; but in the case of an enormous measure like this, when a great number of Amendments were suggested, it was almost impossible, with even the utmost care, to avoid inserting Amendments in one part that were contradictory of other portions, and to avoid the insertion of clauses which were absolutely incongruous with others. The right hon. and learned Gentleman the Lord Advocate must be aware that the Bill was full of errors and contradictions, and he would ask him what line he proposed to take with the view of amending those defects? Of course, he did not consider it the duty of a private Member of the House to attempt to cope with the matter; and, for his own part, he had only to propose one or two Amendments on behalf of his constituents. He trusted there would be a general expression of opinion on both sides of the House, and he was certain that the opinion of all the large burghs in Scotland was against the further progress of the Bill that Session. Finally, he put it to Her Majesty's Government whether it was fair, at that late period of the Session, to proceed with a Bill of such enormous detail, and which could not fail to put in endless confusion the whole burgh administration of the country?

said, he felt bound to support the view taken by the hon. Member for Edinburgh (Mr. Buchanan) with regard to this Bill. Ever since the Bill had passed from the Select Committee, he had been receiving the strongest remonstrances from the authorities in Glasgow against its being allowed to go any further that Session. They complained that the Sittings of the Select Committee were held in camerá, and that they knew nothing of what was going on, and that they knew nothing of the form of the Bill until they saw the reprint of it. He had that morning received a telegram requesting him to replace all the Amendments which they had on the Paper, many of which had been rejected. They complained that the Bill had been made worse rather than better by the Amendments which had been introduced into it. He had also received a letter from Dr. Russell, a man of great authority in Glasgow in sanitary matters, who had been so successful in stamping out small-pox there, and whose opinion was deserving of the greatest attention. That gentleman wrote to say that the Bill, as it stood, was in his opinion unworkable, and that he would not like to undertake to work it in its present form; and, further, that it would upset many private local Acts which had been passed. He had represented the matter to the Lord Advocate, who had given his assurance that these things would be put right in one way or another, and he (Mr. Anderson) had agreed to stop in his opposition to the Bill going forward. But he was now bound to say that if the Bill went forward he should be obliged to vote against it. His constituents in one point considered the Bill a very dangerous one, and that was in respect of the clause enabling burghs to amalgamate; but they had offered to withdraw their opposition to that clause if the right hon. and learned Gentleman the Secretary of State for the Home Department would agree to a Royal Commission to deal with the boundaries of the great burghs in Scotland. That the right hon. and learned Gentleman had refused to do, and the Bill therefore found no favour in Glasgow; and consequently he was satisfied that he should be doing his duty to his constituents in voting against the Bill going into Committee.

said, he should regret it as much as anyone, if the Bill did not pass into law; and he confessed that he should be astonished if the Lord Advocate were to drop the measure without making an attempt to get it into Committee. Such a course would be simply trifling with the people of Scotland, who were most anxious about the Bill, and also with regard to the Bill for creating a Secretary of State for Scotland. He ventured to say that those two measures were of far more value and consequence to Scotland than the Representation of the People Bill, because they knew that either this year or next the franchise would be extended. He was in a position to know what was desired in the matter of legislation in Scotland, and he could assure the House that the people of Scotland were most anxious about this measure. He had had the honour of being a Member of the Committee upstairs, and he was bound to say that nothing could exceed the courtesy of their Chairman, the Lord Advocate, in all matters relating to the Bill. The Bill, he believed, was in a shape which provided better law than at present existed in Scotland. It might be improved, no doubt; but he considered it better to pass it now as it was, than wait another year for this legislation.

I believe this measure is very generally desired throughout Scotland, except in the case of four or five of the largest towns which have Acts of their own open to grave question; and but for these large towns there would be no opposition to the Bill at all. In 1862 a very important measure was passed, generally known as the Police Act, for Scotland. That Act has been of infinite benefit to the populous places of that country. We have had 22 years' experience of it, and in the course of that time it has been found that in several particulars it required amendment. The consequence was that many boroughs and populous places, which desired to obtain the benefit of municipal institutions, made a representation to the Government that it would be extremely desirable to amend the measure and extend its benefits. As a result, the first edition of this Bill was prepared two years ago. I may say it originated very much with the Convention of Royal Burghs. It has been before the country for two years, and has been the subject of a great deal of adjustment, and I am not guilty of inaccuracy when I say that I do not believe there has been any Bill placed before this House to which there has been so large a contribution of assistance and of suggestion from the various towns and populous places throughout the country. No doubt, we should have been very glad if it had been in our power to have had the measure brought forward at an earlier period of the Session; but after the Bill had been before the country for two years it was referred to a Select Committee, consisting of 27 Members, of whom 22 were Scotch. We had some nine or ten meetings, and the Bill was gone through with very great care, with the benefit of multitudes of suggestions from all the classes interested, and what is now before the House is the result. I do think it would be a great misfortune if the result of so much labour, and, I believe, beneficial labour, were lost. The number of Amendments on the Paper for this evening is very small, and I do not think that when we get to them their discussion will last any length of time. It is only right that the House should be aware that the opposition, at least so far as we believe, and has been indicated by the speaking to-night, has come almost entirely, if not entirely, from those places which have Acts which are open to the very gravest criticism. I am not going to follow what has been said by some of my hon. Friends; but I may just say that, in framing the measure, we had before us the result of the labours of the Committee presided over by the right hon. Gentleman opposite (Mr. Sclater-Booth) two years ago. We had their Report before us, and one of the advantages of that Report was that it put an end to legislation by separate Private Bills, which very often contained provisions that, if brought before the House distinctly in important measures, never could become law. The fact of the Committee having reported and recommended against that separate legislation in these Bills made it all the more imperative that such a measure as the present should be brought forward. I do not desire to delay the House by going into arguments as to the different provisions of the Bill. I gather that there is a great majority of Scotch opinion in favour of it. We have been very much pressed to carry it through, and, under the circumstances, believing that the Bill is a good Bill—I do not know that there is any measure which could not be made more perfect if the ordinary conditions of time and place were to be disregarded—and taking into consideration all that has conduced to make the Bill what it is now, I think it would be a great misfortune if we did not go into Committee.

said, he rose for the purpose of corroborating what had fallen from his hon. Friends the Members for Aberdeen (Mr. Webster), Edinburgh (Mr. Buchanan), and Glasgow (Mr. Anderson). He could assure the House that it was with great reluctance that he rose to offer any objection to the Bill. He knew very well there was a very strong feeling in Scotland, especially amongst the small boroughs, that some such measure as this was necessary, and that they had waited patiently for the Bills which had been brought before the House during last year and this year. He could quite corroborate what the right hon. and learned Gentleman the Lord Advocate had said as to the strong desire which existed in Scotland for the measure; but, at the same time, for years he had taken an active interest in local administration, and, having some knowledge of this kind of legislation, he was bound to say that he was afraid that this Bill, as presented to the House, would not fulfil the expectations of those who had been so long de-siring legislation. He made that statement with great reluctance, because, as he said, he believed the Bill contained many very valuable provisions. Looking at its full sense, at the manner in which it was drafted in the first instance—or, he might say, at the manner in which it was constructed—and considering that it had passed through Committee, and that great care and attention had been devoted to it, he was very reluctant to offer opposition to it; but, in passing through the Select Committee, it had been so altered that many of the large boroughs had not had time to consider what its present effect would be. He could not describe himself as adverse to the measure; but, from representations which had been made to him by authorities in his own burgh—particularly by the police clerk, who was one of the most experienced police clerks in Scotland—it seemed there was a very strong feeling that it would be well to allow the Bill to be thought over by the country for another year before being pressed. These representations, he was bound to say, corresponded with his own opinion. From his own experience in matters of this kind, he was afraid that the measure would disappoint those why looked forward with so much pleasure and satisfaction to its passing. Altogether, therefore, if the hon. and learner Member for Stockport (Mr. Hopwood pressed his Resolution, he (Mr. Henderson) should have to support it, although from very different reasons to those which prompted the hon. and learned Gentleman in bringing it forward. He in fact, took this opportunity of protesting against the line the hon. and learned Gentleman took with reference to these Bills promoted by Scotch burghs. The hon. and learned Gentleman seemed to look at these matters from a purely political point of view, and—as he under stood from his remarks, and as he could show if necessary—knew nothing what ever of local administration. If he had known anything about it, he would never have uttered the sentiments he had uttered in that House. The hon. and learned Gentleman had taken the strongest objection to the Bill proposed in 1882 by his (Mr. Henderson's) own burgh (Dundee), and also to the Bill of the hon. Member for Kilmarnock (Mr. Dick-Peddie), who had fallen into the same mistake of bringing the Bill in as a small private measure. The great objection taken to the Dundee Bill, which was a Consolidating Bill, relating to clauses which had been in operation for 11 years, with the sanction of the House, to the great benefit of the community, was that it was proposed to reenact these clauses in it with the full consent of the inhabitants. The sanitary provisions of the present measure instead of being too stringent, were, in his opinion, too lax, and that was one of the reasons why Dundee objected to the Bill. The Lord Advocate had stated that legislation in respect of these matters had fallen back since 1862, and that the large boroughs had been obliged to promote local Acts of their own to remedy the existing evils. Well, the fault he (Mr. Henderson) found with the Bill was that, instead of bringing up the general law of Scotland to the advance position reached by the burghs which had secured their own local Police Acts, it proposed to level down these particular burghs to the condition of the whole country. It would level down, instead of bringing the whole country up to the position which the burghs he referred to had arrived by long experience of the defects of the existing law. In the present Bill a retrograde reactionary step was taken. He felt very strongly on this point, and in Committee he should have to bring forward many Amendments. Some Amendments he had put on the Paper; but there were many more which he should have to move which he had been unable to bring forward up to this time; and he believed there were other hon. Members in the same position as himself. Though the Motion for going into Committee were passed, there would still be a great deal to do. The Amendments on the Paper did not by any means represent the number which would be put down if they got into Committee. He made these remarks, as he had said, with the greatest reluctance. He should have been much better pleased if he could have found himself able to support the Lord Advocate in pushing forward the measure. He should have supported it if it had not been for the conviction that if it were passed it would, instead of reflecting credit on the legislation of this year, so far as Scotland was concerned, tend to the reverse state of things, and prove provocative of opposition and objection.

said, there were many things in the Bill of which he did not approve, and which he should be glad to see altered; but, for the most part, these clauses referring to them were of a re-enacting and consolidating character. They had heard quite enough from hon. Members representing important towns in Scotland—and they had also heard the mild and mitigated protest of the Lord Advocate—to show the extravagance of the Acts in force in some towns in Scotland. These Acts did not always meet with the concurrence and approval of the Local Authorities; and he (Mr. Sclater-Booth) had come to the conclusion that it would be better to go forward with this Bill, and get a reasonable measure passed for the whole of Scotland, than to allow these eccentric Acts in force in some Scotch towns longer to prevail. For his own part, he was entirely in favour of the policy which guided the Committee of 1882, to which reference had been made, and which guided the Committee which had been sitting this year. He trusted the hon. and learned Member for Stockport (Mr. Hopwood) would see that this measure was a step in the right direction. The Lord Advocate had been of great service in 1882, when the Scotch Improvement Bills were under consideration, in getting some extravagant provisions cut out of them. The right hon. and learned Lord had been very much struck by the views which prevailed on that Committee; and it had, evidently, been his intention and desire in framing the Bill to have regard to those views. He (Mr. Sclater-Booth) would be very sorry indeed if they were not to go into Committee on the Bill.

wished to point out that the Scotch Members who had spoken against proceeding with the Bill were, without exception, Representatives of the large burghs, which had already Acts of their own. It might be of no great consequence to these large burghs that a general measure, such as that before the House, should pass; but it was of very great importance to the small burghs, which had not the benefit of special Acts, that there should be a consolidation of the various imperfect general Acts, under which their police and sanitary affairs were regulated. At the same time, it was most desirable that the large burghs should be freed from the tyrannical provisions which were found in their special Acts. His hon. Friend the Member for Edinburgh (Mr. Buchanan) spoke of Edinburgh as "enjoying" its Acts. He (Mr. Dick-Peddie) had been a citizen of Edinburgh for a much longer time than his hon. Friend; and he could testify that, by many of his fellow-citizens, the provisions of the local Acts were regarded as most oppressive. The Acts would have been found intolerable, had it not been that the authorities did not venture to enforce many of the powers conferred on them by these Acts. He sympathized generally with much that had fallen from his hon. and learned Friend the Member for Stockport (Mr. Hopwood) regarding the undue interference with personal liberty, authorized by some of the local Acts, and the inquisitorial nature of many of their provisions; but he thought that some of the criticisms of the measure now before the House, which had fallen from his hon. Friend, would not have been made had he been more familiar with Scotland than he was. While the Bill before the House contained clauses which might be objected to, it went far in the direction of modifying the stringency of many provisions found in existing local Acts; and, therefore, he trusted the House would agree to proceed with it. The small burghs wished to have a consolidation of the various Acts regulating their police and sanitary affairs. Though hon. Members said that Edinburgh enjoyed its Act, and had done so for many years, those who had resided in the Scotch capital for a long period—longer than those hon. Members—knew that it did not enjoy the advantages which were supposed to have been conferred upon it. If similar Acts were in force in England, it would not be long before there would be a revolution in the country. Seeing that the present was a modified Act, he trusted that the House would take it into consideration.

said, he quite agreed with his hon. Friend (Mr. Dick-Peddie) when he said that the small burghs desired to have a consolidation of their various Acts, and that an Act should be passed which would be generally applicable to the small burghs. He must say, however, as representing two small burghs, that he understood they were opposed to the Bill. As a matter of fact, he had presented a Petition from one of them, the other day, against the passing of the Bill. Speaking from his own experience—and he must claim to have had some experience of local administration—he thought the measure, in many of its parts, was very unworkable, and required a great deal more adjustment, consideration, and amendment than it had, apparently, received. He sympathized with the views of the hon. and learned Member for Stockport (Mr. Hopwood) to a great extent. Many of the clauses of the Bill gave extreme powers—utterly despotic powers—to the police. He had made some attempt to modify them; but was bound to say he had met with little support on the Committee. A great many people thought that these powers could only be applied against evilly-disposed persons. If that were so, there would not be much to object to; but it must be remembered that the application of the clauses in the Bill lay, in the first place, in the hands of the policemen who exercised the powers they had in many cases in an arbitrary manner. The chief power would be exercised by the magistrates or baillies, as they were called in Scotland—very excellent gentlemen, no doubt, but gentlemen who knew very little about the law. They were very respectable townspeople; but, however respectable townspeople might be, it could not be expected of them that they should know much about the Laws of Evidence, or even enough to be able to say what was evidence, and what was not. He was, therefore, very reluctant to give such powers as some of those contained in the Bill to ordinary citizens. The Lord Advocate said that many of the Police Bills, under which many large towns were governed, would not be able to withstand the scrutiny of the House. Well, he (Mr. Barclay) would say that many of the clauses of this Bill would not be able to withstand the scrutiny of the House. They were very stringent—seriously affecting the liberty of the subject—and he did not think that if they were brought under the scrutiny of the House there would be the smallest chance of their becoming law. He had another objection to the Bill. The Lord Advocate said that one of its objects was to prevent burghs, for the future, coming to Parliament for separate enactments. Now, he did not think this measure would be applicable to the case of small burghs growing into large ones. From his own experience, he knew how, when a burgh grew, and new streets and pavements and municipal arrangements became necessary, how necessary it was to come to the House for a special Act dealing with these improvements. The clauses embodied in this Bill were very much the same as the law already existing in the burghs, but which was from time to time found to be insufficient. He was, therefore, of opinion that in these respects, at all events, the Bill was open to very considerable amendment, so as to make it workable and applicable to the cases of all the burghs, whether small or large—particularly to small burghs, to enable them to grow from time to time without a special Act. For the reasons he had given, speaking on behalf of two small burghs at least within his own constituency, he thought it would be much better for the consideration of the Bill to be deferred till another Session. To make it a workable Bill and insure the purpose intended, a good deal more consideration than it had yet received should be given to the Bill. No doubt the Select Committee—of which he had had the honour to be a Member—had devoted a considerable amount of attention to the measure; but he did not think sufficient attention had been given to it to make it what it ought to be. The Session had not provided sufficient time to make the Bill such as deserved to receive general support. He should support the Motion of his hon. and learned Friend (Mr. Hopwood).

said, he must express the great regret he felt at the opposition which had developed itself against this Bill on the part of some of the Representatives of the large burghs in Scotland. The burgh he had the honour to represent (Leith) was, perhaps, the largest in Scotland which had not a Police Act of its own. It was at present under the General Police Act of 1862; and he could assure the House—after having been very lately in conversation with some of the members of the Corporation of Leith—that that burgh most cordially approved of the Bill, and earnestly hoped it might pass into law that Session. He was sure the opinion the Corporation of Leith entertained was the opinion of all other Corporations under the General Police Act. The Bill made provision for a great many new wants which had sprung up in connection with municipal government since the passing of the Act of 1862; and it embodied all that was really useful, and all that was defensible, and all that was reasonable in the Act of 1862, as well as all that was defensible in the different Private Acts which had been obtained by the various burghs since the Act of 1862 was passed. The measure—as had been already stated—after having passed its second reading, was referred to a large representative Select Committee, by whom it was carefully scrutinized, and gone over at the expense of much time and labour. He might say, further, that the Bill had the cordial approval of the Convention of Royal and Parliamentary Burghs; and he thought he might say, with the exception of one or two of the largest towns, had the cordial approval of public opinion throughout Scotland. Furthermore, he might say that the Bill was framed in such a way as to deal most leniently with the large towns which were now opposed to it. Out of seven parts of the Bill there were only two made obligatory, and those two were concerned with police offences, and penalties, and sanitary regulations. He appealed to the House whether it was not desirable that all the burghs in the country should be placed under one uniform law as to police offences and penalties? Whence came the opposition to the Bill which had developed itself that night? It had come partly from hon. Members who had no connection with Scotland at all; but that was not where the real opposition had come from. The real opposition lay amongst certain Municipal Corporations of Scotland, and it had been expressed by their Representatives, not as the individual opinions of these gentlemen themselves, but as the opinions furnished to them by the Local Authorities of burghs which had their own Acts—Local Authorities who were really the authors of those Acts. It was natural that the authors of those Acts should be in love with them, and should think they were the perfection of municipal government. He frankly admitted that in many aspects the clauses of these Local Acts were most useful for local purposes. Some of the clauses referring to police offences were useful, no doubt; but there were other clauses in the Private Acts of a different character. Many of them were most indefensible encroachments upon private rights, and upon the liberty of the subject under the Common Law; and it was only last year—as had already been noticed that night—that the House had found that the practice of putting these indefensible stipulations into Private Bills had reached to such a height that it was compelled to interfere and prevent the practice from going further. He would only give the House one instance of the way in which these clauses in the private measures acted to the detriment of the people living in neighbouring towns. The Burgh of Edinburgh had obtained a very strict and stringent private Police Act in 1875. In that Act there were clauses referring to the regulation of improper houses. Those clauses were of such a nature that raids were made on the houses, and the inmates were driven out of the Burgh of Edinburgh. The burgh which he represented (Leith) lay contiguous to Edinburgh, the division line being often only a formal one running down the centre of a street; and what was the consequence to Leith of this exceptional clause, which had been slipped into the Edinburgh Act merely because there was no one present to prevent it, the Bill being passed as a private measure? In fact, with regard to that Private Bill the Earl of Redesdale in "another place" declared that if anyone lifted his little finger against it, he would prevent the Bill being passed, saying also—"If Edinburgh is unanimous in demanding such a Bill I must give it to them; but God forbid that I should ever find myself in Edinburgh after this Bill has been passed!" To such an extent had this exceptional legislation on the part of Edinburgh acted to the detriment of Leith that the state of things had become intolerable. A Memorial had been presented by the inhabitants of the districts in Leith which these people had invaded, stating the condition of things brought about by these persons in the neighbourhood. This district was immediately adjoining Edinburgh, and the Memorialists complained that since the Act came into operation in 1875 they had been sorely afflicted by these people, and that there were now in the district 59 brothels, containing 177 prostitutes, conducted in the most shameless manner, and exercising a most injurious influence, the behaviour of the inmates, even in the broad daylight in Leith Walk and other places, being most indecent. They added that the effect had been to lower the value of property in the neighbourhood, to drive respectable people away, and alter entirely the character of the locality. Now, he would not say for a moment that it was in the power of that House to put down immorality; but he did say that Parliament was bound to interfere to compel each different locality to bear its own burden of the mischief, and to prevent its neighbours from being inundated by its moral sewage. The proposal in this Bill to make the keeping of an improper house an offence, and to make the penalties uniform throughout the country, would have that effect; and he trusted the Lord Advocate would not be turned aside by any selfish representations on the part of large towns, such as Edinburgh, from using every effort to pass the Bill into law in the present Session.

said, that having sat on the Committee of 1882, and for 30 days this Session on a similar Committee, he should like to say a few words on the facts of the question. The Scotch Bill which came before the Committee of 1882 was, without any exception, the worst of them all, and the most grotesque; and he should be within the mark if he said that the Committee struck out 100 clauses from that Bill. They were very much assisted in that by the Lord Advocate. He agreed in the necessity for some general legislation with reference to sanitary matters, and the Report of the Committee strongly urged that with reference to England and Wales. This was an attempt, and a very praiseworthy attempt, on the part of the Lord Advocate to secure general legislation for Scotland; but he wanted to ask the Government how they were going to deal with this as a practical matter of business when winding up the affairs of the Session? This was not, as he understood it, exceptional legislation, but a general enactment of what the House thought should be the law which ought to prevail in Scotland; and no doubt it would be argued that if it was good for Scotland it was good for England and Wales. The Bill had been sent to a Select Committee, which he thought most unfortunately sat with closed doors. The Committee only sat for nine or ten days; and, therefore, it must be assumed that there was a vast mass of matter still demanding consideration, if they were to pass any general legislation which would be quoted as a precedent. Several of the clauses which had been read that night had been struck out unanimously by the Committee of which he was a Member, for they would not allow them to apply to England, considering them improper and oppressive. The Members of that Committee could not sit still and be parties to passing for Scotland enactments which they had reported ought not to be applied to England. There were 429 clauses in this Bill; it was now 2 o'clock on the 30th of July; when the Government had got their last Vote in Supply they would bring in the Appropriation Bill and close the Session with a view to the Autumn Session; and, valuable as this Bill might be, was there any reasonable prospect of its receiving that consideration which it deserved and ought to have? He did not think Scotland would suffer by the Bill standing over for six months for consideration. That interval would enable Local Authorities to give it careful consideration and suggest Amendments next Session, and the Bill next year would have that moral support which it had not at the present time, and would be the more likely to secure the general approbation of the House. He hoped the Government would say whether they thought that on the 30th of July, when they were intending to wind up the Session within a few days, they could pass a contentious Bill containing between 400 and 500 clauses; and whether they could expect the House to give time and attention to a portion of the Bill, and then turn round and say it was useless to attempt to proceed with it. He thought they had a right to ask the Government to say either that they would go on with the Bill to the bitter end, even to the end of August, or that they would abandon it now.

agreed with many hon. Members that some Bill of this kind was required in Scotland; but he also agreed that this Bill was of too voluminous a character, and dealt with subjects too complicated, to be properly considered at that period of the Session. It must also be considered that the Bill was not known in Scotland in its present form, for it had been considerably altered by the Committee, and Scotch Members were receiving letters from Scotland every day with regard to it, showing that there was a good deal of dissatisfaction with many of the alterations made by the Committee. It would, he thought, be a misfortune if a measure of this kind was rushed through Parliament at the end of the Session; and it would, therefore, be better to postpone legislation upon this subject until the country had had a fuller opportunity of considering the Bill in its altered form. He hoped the Lord Advocate would reconsider his decision, and agree to postpone this measure until another Session,

said, he thoroughly agreed with every word of the appeal of the hon. Member for Wolver-hampton (Mr. H. H. Fowler). It should be remembered that a considerable majority of Members were against this Bill, and had announced that they would vote against it. Four or five of the Members who had spoken that night had deprecated proceeding with it further. Some Members from Scotland surrounding him had said a good deal in favour of the Bill; but they would vote with the hon. and learned Member for Stockport (Mr. Hopwood); and, therefore, under all the circumstances, it would, he thought, be unreasonable to go on with it now.

observed, that it was commonly said to require a surgical operation to get a joke into the head of a Scotchman; but after looking at this Bill he thought there was no truth in that saying. The Bill contained some of the most comical provisions. Clause 329 provided a penalty against "any person who attempts to commit a falsehood." He supposed the Bill only applied to Scotchmen, as Scotchmen in Scotland, and within a special district.

said, the hon. Member had been misled by the punctuation. "Falsehood and fraud" was the name in Scotland for the well-known crime of swindling.

said, he presumed that the penalty would only apply to a certain district. Then the police regulations in Part VII. were of the most extraordinary character. A boy who dropped a piece of orange peel, or laid hold of the end of a cart without the express permission of the owner, and so on, was to be punished by a fine of 40 s. Really, to ask the House of Commons at the end of the Session to discuss all those details was something too preposterous. There was a provision against cruelty to animals, and another providing a penalty for anyone who drove a bull through the streets unless the bull had a ring through its nose, which, of course, was not at all cruelty to the beast. If these provisions were intended to be enforced they were really of a most tyrannical character. For instance, a medical man must not send out circulars even enclosed in envelopes, without being liable to penalties. He did not wish to detain the House; but there was a provision that any person who hung from the back of any cart or carriage was to be punished; and, again—

"If any persons shall stand together in the street so as to annoy foot passengers"—

not so as to obstruct them, but only so as to annoy them—they were to be liable to punishment; and—

"If any person loiters, sits, or lies, on the foot-way to the annoyance of the foot passengers,"

he should be fined. In fact, under this Bill people might be fined for anything. The only excuse for these provisions was, he supposed, that the Bill was not intended to be carried out. No person might have a bagatelle or a billiard-table. With regard to the regulations for disorderly houses, no doubt the special constituency which the hon. Baronet (Sir Herbert Maxwell) represented would desire to have some regulations of that kind after the history he had given; but after the statistics that had been given he thought no one else would desire to impose such ridiculous regulations as these. It could not be seriously intended to enforce the provisions of the Bill. Any person finding any goods and not giving them up was to be subject to a penalty. He did not think it could be seriously intended to enforce that.

asked for some authoritative statement as to the prospect before the House. It would be objectionable for English Members to interfere with Scotch Business, and he did not mean to do so, except to say that it would be a most extraordinary thing if a Bill of this magnitude should be passed through Parliament without any proper public discussion; without even a discussion on the second reading, and after a few Sittings of a Committee upstairs, and without any Reports of their proceedings having been published. If the Bill was a valuable one it must not be pushed through at the tail end of the Session, but must be deliberately entered upon. His object in speaking was to ask what the Government intended to do with regard to general Business. To go on with this Bill seemed to him a breach of the understanding generally arrived at. It was understood that contentious Business was not to be proceeded with, and that the Government were strongly opposed to any such Business being entered upon. He would like to know why the Home Secretary had withdrawn his London Government Bill if that was not the case. If they were to enter upon any Bill of length and importance, that Bill, having advanced so far, was entitled to be taken up. He was satisfied that nothing would be lost by taking the winter for a fair and careful consideration of this measure, and that it could be entered upon early next Session, and passed with greater satisfaction than was now possible.

said, he thought the House had a right to a categorical answer to the question of the hon. Member for Wolverhampton (Mr. H. H. Fowler)—namely, whether the Government did or did not intend to carry this Bill to its conclusion? If they did, the House must prepare to sit until September. If they did not, they were wasting time, and it was not fair to ask Members to make a House for them to take up Bills which they did not intend to push to a legitimate end. He hoped that before the House went into Committee the Government would give some answer to that question.

Of course, the Government are in the hands of the House, and more particularly of the Scotch Members, upon a measure of this kind. Certainly, the Government had very strong reason to believe with reference to this Bill that there was—I will not say a unanimous, but—a predominant agreement on the part of Scotch Members in favour of this Bill; but when the Division is taken we shall see what the opinion of the Scotch Members is, and, of course, the Government will be guided very much by the result of the Division. Everybody knows that a Bill of this kind affords opportunities for opposition; but certainly this Bill having been through a Select Committee, we supposed that, with the exception of several large towns in Scotland which had Bills of their own, and did not want any general Bill, the greater part of Scotland was in favour of this Bill, and wanted it. The Government were prepared to go as far as they could to try to pass this Bill into law this Session; but this question must be decided very much by the Division about to be taken.

Question put.

The House divided :—Ayes 58; Noes 32: Majority 26.—(Div. List, No. 193.)

Main Question, "That Mr. Speaker do now leave the Chair," put, and agreed to.

Bill considered in Committee.

(In the Committee.)

I beg to move that the Chairman do now report Progress.

Motion made and Question proposed, "That the Chairman do report Progress, and ask leave to sit again.—( Mr. M'Laren. )

We will agree to reporting Progress after the 1st clause is disposed of.

Clause 1 agreed to.

It is moved that the Chairman do report Progress.

Question put, and agreed to.

Committee report Progress; to sit again upon Thursday.

Chartered Companies Bill

(Mr. Attorney General, Mr. Chancellor of the Exchequer, Mr. Solicitor General.)

[Bill 304.] Committee

Bill considered in Committee, and reported, without Amendment.

I would appeal to the House to allow the Bill to be read a third time—looking at the period of the Session, and at the fact that the measure is only a small one.

Bill read the third time, and passed.

Public Health (Ireland) (Districts) Bill

( Mr. Solicitor General for Ireland. )

Second Reading

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."— (Mr. Solicitor General for Ireland.)

said, he did not think there was much harm in the Bill. It seemed to him to afford a great opportunity to the Executive for removing a blot in the Public Health Act by which Town Commissioners were precluded from borrowing money to build Town Halls unless they were sanitary authorities. That was a most absurd state of things. It was a mistake in the legislation of the past, and the Government ought to pass a Bill and rectify the error as soon as possible.

Motion agreed to.

Bill read a second time, and committed for To-morrow.

Supreme Court of Judicature Amendment Bill

( Mr. Attorney General. )

[Bill 307.] Committee

Order for Committee read.

I understand there is no opposition to the House going into Committee on this Bill; but the hon. Member for Wolverhampton (Mr. H. H. Fowler), I believe, desires to move an Amendment in Committee. I shall, therefore, propose to take the Committee stage pro formâ —moving at once, when in Committee, to report Progress.

Bill considered in Committee.

(In the Committee.)

Committee report Progress; to sit again upon Thursday.

Summary Jurisdiction (Repeal, &c.) Bill

( Mr. Hibbert, Secretary Sir William Harcourt. )

Consideration of Lords' Amendments,

said, there were three Amendments, two being meant to amplify and explain an Amendment in the 4th clause of the Bill by the hon. and learned Gentleman the Member for Bridport (Mr. Warton), the others being merely explanatory as to auditors.

said, he merely wished to complain that no means were adopted to bring before the notice of the House what the Lords' Amendments were—not only in the case of this Bill, but in the case of all other Bills. There were no Amendments on the Paper to-day, and no one, but, he supposed, those in charge of the Bill, had any opportunity of knowing what the Amendments were. He must acknowledge the courtesy with which the hon. Gentleman the Under Secretary of State for the Home Department (Mr. Hibbert) had met him; but he must insist that the House should he afforded some better opportunity than at present existed of knowing what was going on between the one House and the other. It was very doubt- ful whether anyone but himself and the hon. Member (Mr. Hibbert) knew what, in the present instance, the Lords' Amendments were. To his mind it was a serious defect in the proceedure of the House that there was no way of informing hon. Members, as they ought to be informed, of what was going on, and what Amendments were being considered.

Lords' Amendments agreed to.

Infants' Bill.—[Bill 308.]

(Mr. Bryce, Mr. Horace Davey, Mr. Anderson, Mr. Staveley Hill.)

Consideration

Order for Consideration, as amended, read.

I move that this Bill, as amended, be now considered.

Motion made, and Question proposed, "That the Bill, as amended, be now considered."— (Mr. Bryce.)

The hon. and learned Member (Mr. Bryce) is in charge of the Bill; he has a right to make the Motion.

I have a right to be heard. I have given Notice of a Motion to re-commit the Bill.

That is not the case; the hon. and learned Gentleman is disorderly.

Question put, and agreed to.

I beg to move that this Bill be re-committed with respect to a new Clause.

Motion made, and Question proposed, "That the Bill be re-committed in respect of a new Clause (Court may make orders as to custody)."—( Mr. Bryce. )

With the utmost deference, Mr. Speaker, I beg to call your attention to the fact that, under Standing Order 375, I was entitled to move my Motion. The words of the Standing Order are very distinct indeed, as it appears to me; and I now put it to you whether the fact of the hon. and learned Gentleman in charge of the Bill having put down one Amendment has not precluded him from the right to re-commit the Bill generally?

The hon. and learned Member for Bridport is entitled to raise this question. He can move to leave out the words "in respect of a new Clause;" and, if the Motion is carried, he can move the general re-commitment of the Bill.

said, he did not know what the form of the Motion before the House was, as it was not on the Paper; but he desired to move that the Bill be re-committed as a whole, or to strike out the words "in respect of a new Clause." He wished to call attention to the manner in which the Bill was carried through the Committee last week. It was considered two days—first on Tuesday, and the Committee was then ordered for Thursday; but, by subsequent arrangement, the day was altered to Friday, and the consequence of that, to his (Mr. Tomlinson's) knowledge, was that several hon. Members who had intended to take part in the discussion in Committee were not present. It was probably owing to that circumstance that the Bill came before them in its present form, a form which all must confess a very awkward one. Clause 3, it seemed to him, was in a shape which was quite nonsensical. The hon. and learned Member in charge of the Bill had given Notice of two new Clauses on Report, and there were a large number of Amendments, some of which, he submitted, were necessary to make the measure a workable one. If the Bill was to pass at all, it was very unfortunate that they should have all these Amendments on Report.

Amendment proposed, to leave out the words "in respect of a new Clause."— (Mr. Tomlinson. )

Question proposed, "That the words proposed to be left out stand part of the Question."

said, he was very sorry that he should have appeared disorderly in trying to press a point on Mr. Speaker when Mr. Speaker did not think he was right in so doing. He (Mr. Warton) had given Notice of his Motion; he did not wish to argue the point; but desired to apologize if he had been disorderly in putting to Mr. Speaker what he thought he was entitled to put. He was within the hear- ing of Members who were present late on Friday night, when the Solicitor General took a lively interest in the Bill. The hon. and learned Gentleman, it would be remembered, was opposed to reporting Progress, a Motion for which was made because there was an extraordinary clause in the Bill, a clause which had not met with the approval of the House. There had been a dispute as to whether the clause should be withdrawn or Progress should be reported. Ultimately the clause was withdrawn, on the understanding that it should be brought forward again in a modified form. He found to-day that very slight alteration had been made in accordance with the Amendment proposed by him-self to the proposal of the hon. and learned Member for the Tower Hamlets (Mr. Bryce). The obnoxious provision had only been slightly altered. But, irrespective of that, it was obviously the feeling of the Committee with regard to the Bill—which was an important one, affecting the relations existing between husband and wife, between father and mother and child, and bringing up a great number of important questions—that it should not be gone on with this Session. The 2nd clause had been cut out, and was to be very materially altered; and, seeing that it was such an important measure, interfering so seriously with domestic relations, it should not be proceeded with at so late an hour in the morning; but, under any circumstances, it was important that it should go back to Committee, for the reason that, on Report, Members could only speak once on each Amendment. They could have fairer, fuller, and freer discussion in Committee, and could lay their heads together and see what could be done to improve the Bill. The Solicitor General was very fair and candid in the matter on Friday; and he (Mr. Warton) would put it to him whether the Bill should not be now re-committed?

said, he wished to make an observation on a point of procedure and Order. He believed that all the objection the last time the Bill was before them was to a particular clause now withdrawn. It had been omitted by the hon. and learned Member in charge of the measure, and another was to be substituted for it. What he wanted to know was, where they were to see this new clause? It was not on the Paper.

That, then, is satisfactory.

Question put.

The House divided :—Ayes 44; Noes 5: Majority 39.—(Div. List, No. 194.)

Main Question put.

Bill re-committed.

(In the Committee.)

said, he had to move the new Clause—"Court may make orders as to custody." It provided that the Court might, on application, make order for the custody of the infant. He had omitted all reference to the question of religion and education, to which objection was taken at the last Sitting, and he hoped the Committee would see no objection now to accepting it.

New Clause:—

(Court may make orders as to custody.)

"The court may, upon the application of the mother of any infant (who may apply without next friend), make such order as it may think fit regarding the custody of such infant, having regard to the welfare of the infant, and to the conduct of the parents, and to the wishes as well of the mother as of the father, and may alter, vary, or discharge such order on the application of either parent, or, after the death of either parent, of any guardian under this Act,"

Clause read a second time, and added to the Bill.

Bill reported, as amended.

Bill, as amended, considered.

said, the clause of which he had given Notice he moved in consequence of a suggestion of the Solicitor General. It had reference to the removal of proceedings and to appeals, giving either party to a case power to make application for the removal of the case from the County Court, or in Scot-land from the Sheriff's Court, to the Superior Court—namely, the High Court of Justice in England or Ireland, or to the Court of Session in Scotland. Precedents in regard to the removal of cases had been followed in either case. There was also a provision for an appeal from the County Court or Sheriff's Court decisions to the Superior Court in England, Ireland, or Scotland.

New Clause:—

(As to removing proceedings and appeals.)

"(In England and Ireland when any application has been made under this Act to a county court the High Court of Justice may, at the instance of any party to such application, order such application to be removed to the High Court of Justice and there proceeded with be-fore a judge of the Chancery Division, on such terms as to costs or otherwise as it may think proper.

"In England and Ireland an appeal shall lie to the High Court of Justice from any order made by a county court under this Act; and, subject to any Rules of Court made after the passing of this Act, any such appeal shall be heard by a judge of the Chancery Division of the High Court of Justice at Chambers or in Court, as he shall direct.

"In Scotland any application made under this Act to a sheriff court maybe removed to the court of session, at the instance of any party, in the manner provided by and subject to the conditions prescribed by the ninth section of 'The Sheriff Court (Scotland) Act, 1877.'

"In Scotland an appeal shall lie to either division of the court of session from any order made by a sheriff court under this Act.)"— (Mr. Bryce,)

Motion made, and Question proposed, "That the Clause be read a second time."

said, his objection was in regard to the jurisdiction of the County Court under this Act. It was rather an awkward manner of discussing the point on this Amendment. He was sure the hon. and learned Member did not wish to get the consent of the House beforehand, so that they would come to the consideration of the point with hands tied. It was obvious they could not give it the same consideration they could in Committee. But he had a great objection to any jurisdiction of the County Court whatever—it would be better in such cases to go at once to the High Court. In so far as this clause involved the County Court, he thought this clause was unnecessary; and he submitted to the hon. and learned Member that the fairer way to decide the point would be to withdraw the clause now, and to introduce it as a sub-section at the end of the 6th section; because those who attacked the clause altogether could raise the question fairly there, for though this was a new clause, logically it would come after the 6th clause, and should not be introduced on a previous Amendment. If the House did not pass the clause now, he should, in one sense, be sorry; for if the House adhered to the retention of the County Court jurisdiction which the Committee adopted in Clause 6, of course there would be no objection to this clause; as a part of and necessary pendant to Clause 6, it would be a very proper provision indeed. But the objection now was it committed the House in advance, and tied them down to the 6th section. For his own part, he might say it was his intention to strike out County Courts, for he was quite sure it was an improper tribunal to be intrusted with jurisdiction over such delicate points as these. He did not know what view the Solicitor General might take; he should like to have it, for it would very much guide his (Mr. Warton's) opinion. What he submitted now was that if the House assented to this clause they committed themselves to Clause 6, whereas if it were withdrawn now it could very well be introduced at the end of Clause 6.

said, the course he proposed to take was to propose certain Amendments to the clause to make it clear—which he did not feel it was at present—that any party to the application should have the right to remove the case to the Superior Court. At present the clause stood—"the High Court of Justice may, at the instance of any party, &c."; he would have it made clear that parties were entitled to have it removed. Safe-guarded in that way they might leave the County Court with jurisdiction safely where no party objected.

said, he regretted the Solicitor General had proposed this Amendment.

said, he thought the question would be better considered after Clause 6. He thought the hon. and learned Member had not improved his Bill by putting in the reference to County Courts. In cases of dispute between husband and wife it was as well there should be a little difficulty and some expense before the parties could rush into Court. He should be prepared to strike out the words "or County Court of the district," his object being not in the slightest way to cast a doubt upon the County Court, but simply because, if disputes arose, there should be a little difficulty in the way before the parties could make those disputes public by rushing into Court, giving a little time for reflection and for the bitterness to pass away. The practitioners in County Courts were not of the highest class, and he thought it was very undesirable that second or third-rate attorneys should be brought into actions of this kind. The more a little difficulty, and even a little expense, could be introduced, the better for all parties it would be in the long run. He would ask the hon. and learned Member for the Tower Hamlets (Mr. Bryce) to defer further consideration of the clause, to postpone it to the 6th clause, in order that the House might not be fettered when they approached the consideration of that.

said, an appeal had been made to the hon. and learned Member for the Tower Hamlets to take the clause after Clause 6; he would like to ask the Speaker's ruling, could not the House accede to that? His desire was to put the Bill in the best form possible.

said, he proposed to amend the clause in the second line by leaving out the words "the High Court of Justice may, at the instance of;" and then, in the next line, after "application," to leave out "order such application to," and insert, "shall be entitled to an order of the High Court of Justice that such application shall." So the clause would run thus—

"In England and Ireland, when any application has been made under this Act to a County Court, any party to such application shall be entitled to an order of the High Court of Justice that such application shall be removed to the High Court of Justice,"

and so on. That would make it clear it was a matter of right. And then, in the next line but one, he would propose to leave out the words after "division" He did not think there should be any other power but the absolute right of removal from the County Court to the High Court.

Amendment proposed, in line 2 of new Clause, to leave out the words "the High Court of Justice may, at the instance of."— (Mr. Solicitor General.)

Question proposed, "That the words proposed to be left out stand part of the new Clause."

said, he regretted the Solicitor General had proposed this Amendment. He quite recognized the desire that there should be a line drawn beyond which applications should be to the High Court, and, of course, there was no line that could be defined by value; but, at the same time, those who were interested in this Bill felt that it was a Bill for the benefit of the poor as well as the rich—perhaps mainly for the benefit of the poor. Though it might be quite true, as the hon. and learned Member for Hastings (Mr. Ince) said, that County Court jurisdiction might not always be administered with that nicety and precision which characterized the High Court, still people did appreciate the County Courts whose purses were not long enough to go to the High Court. He regretted that the Solicitor General made it compulsory for the Court to make an order, for the effect would be in some cases to deprive those persons whose purses were not long of the benefit of the Act. An applicant to a County Court, perhaps, might not have the means of applying to the Higher Court; and the other side might then, having larger means, by the transfer to the High Court, deprive the applicant of justice. But they were at the mercy of the Government in respect of the Bill. His hon. and learned Friend (Mr. Bryce) would have an opportunity of speaking; perhaps, in the interest of the Bill, he would accept the Amendment; but if his hon. and learned Friend divided against it he should support him. As a matter of drafting, he would suggest to the Solicitor General that, with less alteration of the clause, his object would be accomplished by substituting the word "shall" for the word "may."

said, speaking with some knowledge of the County Courts of Ireland, and their manner of admi- nistering justice, he strongly endorsed what the Solicitor General had said.

said, he agreed the Amendment would result in a denial to many of the benefit of the Act. In cases of a struggle between man and wife, it was ten to one the husband had the heaviest purse, and the wife small means of asserting her right. In going to a County Court, the result would very likely be the parties would be satisfied with the fair decision of the County Court Judge, and he should have hoped this was the case in Ireland as well as England; if they were not satisfied, there was still an appeal open. But now, instead of that, there would be the means in the hands of the party who wished to delay the matter to say—"No, it shall be removed to the High Court in the Metropolis or in Dublin." He extremely regretted the Amendment had been moved.

regretted the line the Solicitor General had taken, and he thought it would considerably impair the value of the Bill; but at that hour of the night and time of the Session it would be useless to oppose the suggestion from the Government Bench, and he should not oppose the Amendment.

said, it must be remembered this proposal in respect to the County Court having jurisdiction was only an afterthought; it was not in the original Bill.

said, he had some doubt if the Amendment really carried out the Solicitor General's intention. There would be always a dispute whether the case should be heard in a Superior Court or not, interlarding another dispute to the one in existence. Would it not be better to introduce after "shall" the words "as a matter of course," or "as a matter of right?" That would carry out the intention which, as he under-stood it, was that, as a matter of course, it should be carried to the Superior Court. If the words were left as they stood, there would always be a preliminary dispute as to whether it was a case to be taken to the Superior Court or not.

said, perhaps the simpler way would be to substitute "shall" for "may." It was sometimes objected that to make it peremptory and say "the High Court shall," was not respectful to the High Court; but he did not see much in the objection himself. He would, with the leave of the House, withdraw his Amendment.

Amendment, by leave, withdrawn.

Amendment proposed, in line 2 of the new Clause, to leave out the word "may," and insert the word "shall"— (Mr. 'Solicitor General.)

Amendment agreed to.

Amendment proposed, in line 5 of new Clause, to leave out the words "or otherwise."

Amendment agreed to.

said, he did not quite know whether his Amendment would now come in; it was to add, after the word "Division," the words—

"Or, in the case of any application within the County Palatine of Lancaster, to the Court of Chancery of the County of Lancaster."

He wished to introduce this, for it was a Court that for many centuries had had jurisdiction over infants, and was perfectly competent to have that jurisdiction; and it had the advantage that it lay at the door ready of access to parties.

The hon. Member cannot move the Amendment as he proposes; the House has passed the point at which he wishes to insert his Amendment, and has omitted subsequent words.

said, then he would move the Amendment at the end of the sixth line after the word "Justice." The Amendment would then apply to appeals; and he urged it for the reasons he had given.

Amendment proposed,

In line 6, after the word "Justice," to insert the words, "or, in the case of any application within the County Palatine of Lancaster, to the Court of Chancery of the County of Lancaster."— (Mr. Tomlinson.)

Question, "That those words be there inserted," put, and negatived.

Clause, as amended, added to the Bill.

said, he should now move the insertion of the new clause, of which he had given Notice, after Clause 3. The House was well aware by this time that the Bill effected very great changes in the law relating to infants; and he thought that parties entering into the state of matrimony would have before them the state of things applicable to their own case; and, under the circumstances, it was only fair and right that persons should have the power of determining, by ante-nuptial settlement, the relations they wished to exist in the event of premature death, which might happen shortly after marriage. He thought it essential, in view of the change in the law, that parties should have the power of making such provision as they thought proper.

New Clause:—

(Power to appoint guardians by ante-nuptial settlement.)

"It shall be competent for all persons in contemplation of marriage, by ante-nuptial settlement or agreement for settlement, to make provision for the guardianship of the infant children of the marriage; and in such cases sections two and three of this Act, so far as they are inconsistent with such provisions, shall not apply,"— (Mr. Tomlinson,)

Motion made, and Question proposed, "That the Clause be read a second time."

said, he hoped the House would not agree to the second reading of this clause, which was quite contrary to the principle of the Bill.

Question put, and negatived.

said, the next new clause standing in his name was intended to provide for the religious education of children by deed or marriage settlement executed before marriage. If a father promised to bring up his children in a certain religion, and afterwards broke that promise, he could avail himself of the Common Law right. It seemed to him that the clause was very necessary, because without it there would be no means of carrying out the wishes of the parents with regard to the religion of their children. The effect of the clause would be to prevent hasty promises being made, and afterwards broken. The clause of which he begged to move the second reading was as follows:—

(Effect of marriage settlement.)

"Any contract made, or covenant entered into, by means of any deed or marriage settlement executed before, and in contemplation of, marriage, touching the religion, education, or guardianship of any child or children to be born of such marriage, shall prevail over the provisions of this Act."

rose to Order. He asked whether this clause, if not in the same words, was not substantially the same as the clause which had just been negatived?

I do not see any difference between the two clauses. The Motion of the hon. and learned Member cannot be put.

Amendment proposed, in page 1, line 8, to leave out the words "and shall come into operation on its passing."— (Mr. Warton.)

Amendment negatived.

said, it was now by Statute a rule of construction that the masculine included the feminine, but the neuter included neither the feminine nor the masculine. In line 10 of Clause 2, the word "its" occurred, and as it was not customary except in the case of very young children to speak of infants as of the neuter gender, he should move that the word "his" be substituted for "its."

Amendment proposed, in page 1, line 10, to leave out the word " its," and insert the word "his."— (Mr. Tomlinson.)

Question, "That the word 'its' stand part of the Bill," put, and agreed to.

said, he had to propose an Amendment to Clause 3, which did not make it at all clear that it was to apply when the parents of the infants were living together. However repugnant the idea of divorce might be, yet divorce was the law of the land. It was quite clear that marriages were dissolved in two ways by law—sometimes by divorce, and sometimes by judicial separation. He wanted to know whether the hon. and learned Gentleman who brought in this Bill had considered for a moment the positions of parties who, although married, were separated by the law? He did not speak of those who separated themselves, but of those who were judicially separated—that was to say, persons separated by order of the law; because it was the duty of those otherwise separated to come together. Had the hon. and learned Gentleman considered whether a person divorced on the ground of cruelty or adultery was to have the same rights as a person only judicially separated, or did he consider that the words were sufficiently wide to cover this case? If not, he hoped the hon. and learned Solicitor General would interpose the weight of his authority in favour of his Amendment.

Amendment proposed,

In page 1, line 12, before the word "each," to insert the words "while the marriage is subsisting, and before any decree or order for divorce or judicial separation has been made."— (Mr. Warton.)

Question proposed, "That those words be there inserted."

said, the point raised by the Amendment of the hon. and learned Member was, no doubt, important; but he and his hon. Friends had considered it, and come to the conclusion that that case was met by the 35th section of the existing Act, and they were, therefore, unwilling to disturb the wording of the clause.

said, he felt bound to state that the explanation of the hon. and learned Gentleman did not satisfy him. The Act referred to related to a state of things which would cease when the present Bill became law. They must remember that this Bill was introduced for the purpose of changing the law with regard to infants, and he did not understand how it could be said that under the previous Act the Court had power to deal with the cases contemplated by the Amendment of his hon. and learned Friend.

Question put.

The House divided :—Ayes 2; Noes 32: Majority 30.—(Div. List, No. 195.)

Notice taken, that 40 Members had not voted,

House accordingly adjourned at twenty-five minutes before Four o'clock.