House of Commons
Friday, July 1, 1887
MINUTES.]—PRIVATE BILL ( by Order )— Second Reading —Sheffield Corporation Water. *
PUBLIC BILLS— Committee —Merchandise Marks Law Consolidation and Amendment ( re-comm. ) [304]—R.P.
Committee — Report —Consolidated Fund (No. 2). *
Considered as amended — Third Reading —Crofters Holdings (Scotland) * [287], and passed.
PROVISIONAL ORDER BILL— Third Reading —Public Health (Scotland) (Cowdenbeath Water) * [289], and passed.
Questions
Questions
Army (India)—The Medical Staff—The Deputy Surgeon General—The "Half Staff" Allowances
asked the Under Secretary of State for India, Whether it is the case that an executive officer of the Medical Staff in India who officiates for less than one month as Deputy Surgeon General, in the absence of the Deputy Surgeon General on sick leave or furlough, receives no allowances for the period, although he performs the duties in addition to his other duties; whether, in such an instance, the "half staff" of the appointment reverts to the State; whether the acting officer would be held pecuniarily liable in the event of loss of stores or other mistakes; whether officers officiating on the Military (Combatant) Staff in a similar way would draw the "half staff" for broken periods; and, why the difference is made in the case of the medical officer?
The Secretary of State has not yet obtained the official information from India which is necessary to enable me to reply to this Question. It has been asked for.
Post Office—The London Postmen on Jubilee Day—Postal Deliveries on Bank Holidays
asked the Postmaster General, Whether, seeing that there have been no complaints of inconvenience on Jubilee Day caused by the discontinuance of the evening delivery, while the London postmen were thereby enabled to enjoy a pleasant holiday, he will make similar arrangements for future Bank Holidays?
The evening: delivery in London on ordinary Bank Holidays is light, and I do not anticipate that there would be much inconvenience if that delivery were suspended on Bank Holidays. I propose, at any rate, to give instructions for its suspension experimentally on Monday, August 1. This will release a large number of postmen from duty after the morning delivery; but it will be necessary to retain on duty a sufficient number to make the collection for the night mails, which could not be abolished without much inconvenience and dissatisfaction.
Celebration of the Jubilee Year of Her Majesty's Reign — Her Majesty's Letter of Thanks to the People
asked the Secretary of State for the Home Department, If, subject to the Queen's approval, he will direct Her Gracious Majesty's Letter of Thanks to her loyal subjects to be autotyped and sent to the Lord Lieutenants, Mayors, and Chairmen of Local Boards throughout the country?
I find on inquiry that there is no precedent for making public a communication from Her Majesty otherwise than by the issue of a special number of The Gazette, whence it is copied into the daily papers. I hope that by these means sufficient publicity has been assured, and that Lord Lieutenants, Mayors, and Chairmen of Local Boards throughout the country have become acquainted with the contents of Her Majesty's Gracious Letter.
West Africa—Cape Coast Castle—Mr. W. B. Griffiths, District Commissioner
asked the Secretary of State for the Colonies, Whether Mr. W. B. Griffiths is District Commissioner of Cape Coast Castle; and, if so, at what date he was appointed to that post; what salary he has received since his appointment; and, whether he has ever resided in the district to which he was appointed, or fulfilled any duties attaching thereto?
Mr. Griffiths was not appointed District Commissioner of Cape Coast Castle, but a District Commissioner of the Gold Coast Colony, on the recommendation of the late Governor. He was appointed by the Earl of Derby in February, 1885. His salary is £600. He was not intended to serve in any one district, but generally wherever the exigencies of the Public Service required. He has been acting as a Deputy Commissioner, as Queen's Advocate, and as a Puisne Judge, in accordance with a clause specially inserted in all the letters appointing West African officers, to the effect that their services will be available for any duties upon which the Governor, in the interests of the Public Service, may think it desirable to employ them.
Celebration of the Jubilee Year of Her Majesty's Reign—The Jubilee Medals
asked Mr. Chancellor of the Exchequer, Whether the Jubilee medals can be issued at some early date; and, whether the prices can be modified so as to place the bronze medals within reach of the million?
The striking of Jubilee medals has begun, and the applications for them, which are already very numerous, will be dealt with in order of priority. With regard to a modification of the price of the bronze medal so as to bring it within reach of the million, I fear it is impossible. The value of the bronze used forms but a very small part of the cost of production. The work is in high relief, as is usual in medals, and such large medals require between 30 and 40 blows of the press before a perfect impression can be obtained. It is this process which renders the cost of production comparatively high, and prevents the medals being offered to the public at a very low price, if the cost of production is to be refunded to the State. It is evident, therefore, that the wish of the hon. Member cannot be carried out if so hard a metal as bronze is to be used. The case would be different if such a soft metal as lead were used; but that would be unsuitable in many respects, and would scarcely give satisfaction.
India (Madras)—The Madras Gunpowder Manufactory
asked the Under Secretary of State for India, Whether the Secretary of State for India has been able to comply with the application of the Madras Government, that the order for closing the Madras Gunpowder Manufactory should be cancelled; and, if not, can he state the reason of his inability to do so?
The order to close the Madras Powder Factory was an order of the Government of India. The Secretary of State, finding that the Military Authorities are satisfied with the order, has not thought it necessary to interfere.
Fishery Board (Scotland)—Crofters' and Cottars' Fishing Boats—Loans
asked the Lord Advocate, Whether any fresh arrragements have been, or are being, made with the Treasury as to the advances to be paid down by Scotch fishermen for boats and fishing gear under the Crofters' Act of last year?
In reply to this Question, I beg to direct the hon. Member's attention to the answer given by the First Lord of the Treasury on the 23rd of May, when he informed the hon. Member for Caithness (Dr. Clark) that the present condition as to these advances not having had a fair trial, the Government are not prepared to recommend any change.
Post Office (Telegraph Department)—Telegraph Superintendents
asked the Postmaster General, Whether, in view of the great increase of the number of telegraphic messages sent, in consequence of the reduction to the 6 d, tariff for such messages, whereby the duties of the telegraph superintendents have become much more onerous than heretofore, it is intended to take their case into consideration, with the view of granting them a corresponding increased remuneration?
The subject to which the hon. Member refers is one which requires a good deal of examination on my part, and is also one in regard to which I wish to reserve full liberty and discretion.
War Office — Attendance of Troops and Bands at Sheffield on the Jubilee Celebration
asked the Secretary of State for War, Why the loyal people of Sheffield were deprived of the expected co-operation of the troops in garrison and their bands in celebrating the Jubilee of Her Majesty the Queen, having regard to the total absence of all political character from the rejoicings; and, whether some definite Rules can be laid down for the guidance of officers commanding military districts as to the participation in popular non-political demonstrations of Regular and Auxiliary Forces, so as to prevent the local inconvenience recently occasioned in many places by contradictory orders?
I regret that, through any misunderstanding, the people of Sheffield should have lost the co-operation of the Regular troops in their Jubilee rejoicings; but the employment of troops on such occasions is left entirely to the discretion of the General Officer commanding, and it does not appear, from any information that has reached me, that any communication on the subject was made to him. If it had been, I have no reason to doubt that it would have been assented to. These cases must be left largely to the discretion of the General Officers; and I am not disposed to fetter their action by the imposition of hard-and-fast Rules, beyond the general principle that soldiers must not participate in demonstrations of a political character.
National Education (Ireland)—Failure in Geography — Monitors
asked the Chief Secretary to the Lord Lieutenant of Ireland, If a monitor in a National School in Ireland passes his examination on the ordinary course of geography, in addition to any other subject on his programme, including algebra and geometry, but fails in one or two technical questions on an old disused book called the Compendium of Geography, is to be dismissed, and his teacher deprived of the gratuity for instructing him; and, will he be good enough to state what the rule is in such cases?
(who replied) said, that he was informed by the National Education Commissioners that no such case had arisen so far as they were aware.
The Magistracy (Ireland) — the Castlewellan Bench
asked the Chief Secretary to the Lord Lieutenant of Ireland, with reference to the constitution of the Castlewellan Bench of Magistrates, which is now composed of eight Protestants, all of whom are Tories, and one Catholic, Whether he is aware that the inhabitants of the district of Castlewellan are largely Catholics and Nationalists; whether he will give the name of the Catholic magistrate from another district who has been asked to attend Castlewellan Bench; whether a Memorial signed by all the Catholic clergymen in the district, and by two magistrates, giving the names of three gentlemen, each of whom is well qualified for the office, has been received by the Lord Chancellor; and, if these gentlemen be not appointed, whether he will state on what grounds, and by whom, they are objected to?
(who replied) said, he was not aware of the political views of the magistrates, nor of the relative proportion of the different religious denominations or political parties in the population in this Petty Sessions district. Mr. J. M'Loughlin, a Roman Catholic, residing in the adjoining district, was not asked, but was directly appointed to the Magistracy to attend at Castlewellan as well as in the district in which he resided. A Memorial signed by some Roman Catholic clergymen and by two magistrates, one residing in the Newry district, and the other, Mr. M'Loughlin himself, asking for three additional appointments to be made, was forwarded to the Lord Chancellor, who, having conferred with the Vice Lieutenant of the county, did not consider any further appointments in the district necessary.
asked, if the right hon. and gallant Gentleman was aware that the Vice Lieutenant of the county, in reply to the Memorial, said he would take it into favourable consideration; and that the Lord Chancellor, immediately on receiving the Memorial, wrote back saying that he would have two magistrates appointed?
said, he had no further information than that which he had given.
The Irish Land Commission—The Sub-Commissioners—Appeals
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is a fact that several appeals on behalf of tenants against decisions given by the Sub Land Commissioners in the County Clare have been pending for the last two years; whether the Chief Commissioners are to sit in Ennis on 11th July to try appeals; whether the landlords' appeals in the list for that sitting have been nearly all withdrawn; and if, in consequence, the Chief Commissioners will have before them very few cases which will actually go to trial; and, whether he will recommend that a supplementary list of the cases already entered for appeal, and so long awaiting final decision, be made out for the approaching sitting of the Chief Commission in Ennis?
(who replied) said: The Land Commissioners report that some tenants' and some landlords' appeals from the County Clare—not yet listed for hearing—have been pending during the past two years. The Land Commissioners intend to sit at Ennis for the purpose of hearing appeals on the 11th of July. As it was believed there would be many withdrawals, a preliminary list of 240 cases was issued, and the parties interested were requested to inform the Court of all settlements and withdrawals that had taken place. There were 97 withdrawals, leaving 143 cases to be heard, In addition to these appeals four applications to have leases declared void will be tried. In view of the number of cases listed for hearing, and of the other engagements of the Court, the Land Commissioners consider it would be idle to prepare the supplementary list suggested in the Question, as such additional cases would probably not be reached, and fruitless inconvenience and unnecessary expense would be incurred by the suitors.
Poor Law (Ireland)—Joseph Watt, Relieving Officer of the Belfast Union—Case of John McCabe
asked the Chief Secretary to the Lord Lieutenant of Ireland, If the attention of the Local Government Board had been directed to the report of the meeting of the Belfast Board of Guardians on 7th June, 1887, as appeared in The Belfast Morning News of the following day, where a pauper, named John McCabe, stated on examination by the Chairman of the Board (during an investigation of a serious charge preferred by Mr. McKibbin, a Guardian, against the workhouse master)—
"That he was discharged from the workhouse on the morning of 1st June, and, failing to get work, went to relieving officer Watt's residence on the same evening for a 'line of admission,' when he was struck with a stick by Walt, who refused him the 'line' sought;"
is it true that though the pauper's statement was made in Watt's presence no explanation of his conduct was asked by the Guardians; and, is Watt the same person who was absent from duty without permission on 26th April, 3rd, and 10th May last on account of alleged drunkenness?
(who replied) said: The Local Government Board are aware that there is a statement in The Morning News to the effect mentioned in the Question; but no official complaint has been made to them on the subject. The Clerk of the Union reports that Mr. Watt was not questioned by the Board of Guardians with respects to McCabe's allegation, but that he is prepared to flatly contradict it. Mr. Watt is the relieving officer who was referred to by the hon. Member who puts this Question in a previous Question asked by him on the 13th of May last, and by the hon. Member for South Kildare (Mr. Leahy) in a Question put by him on the 16th of May. As the hon. Member is perfectly aware, the charge of drunkenness was then disproved, Mr. Watt's absence having been due to illness, as was shown by the medical certificate furnished in his case.
Malta—Changes in the Constitution — Resignation of Mr. Savona, Director of Education
asked the Secretary of State for the Colonies, Whether Mr. Savona, Director of Education in Malta, has, in a letter of date 14th May addressed to the Governor, resigned his office and his seat on the Legislative and Executive Councils of Malta, stating that the changes which Her Majesty's Government have proposed to introduce into the Constitution of Malta are displeasing to all parties, and that the struggle which has so long been going on between the Government and the people is sure to be prolonged; whether the Dr. Roncali, who is mentioned in the despatch of the Colonial Office of 16th April last, as having proposed a scheme for the government of Malta, an important feature of which has been embodied in the proposed new Constitution, expressed himself so lately as September, 1885, as antagonistic to English rule in Malta; and, whether, considering the generally expressed disapproval among the Maltese of the proposed new Constitution, he is prepared to reconsider the proposed Constitution?
Yes; Mr. Savona has stated his opinion of the state of affairs in Malta in a letter of the 14th of May. It must be remembered that he cannot be said to be qualified to speak for "all parties." Dr. Roncali, who is referred to at length in Sir Lintorn Simmons's despatches of December 24, and in other parts (pages 53 and 59) of the recent Parliamentary Paper, has been antagonistic to the policy of the Government in Malta; but in a letter of September 18, 1885, to the Governor, he denied that on the occasion referred to he expressed himself as hostile to British rule. There has been, and is, no intention of offering any post to Dr. Roncali. Her Majesty's Government are considering the expediency of modifying in some details the scheme of Constitution sketched in the despatch of April 16, which, I may observe, was published in Malta for the express purpose of ascertaining public opinion upon it.
Post Office—Telegraph Department—Alleged Deficit of £50,000
asked the Postmaster General, Whether the deficit of £500,000 from the telegraphs of the United Kingdom represents an absolute loss to the Post Office of this sum upon the working of the present Home telegraphic tariffs; and, if so, whether Her Majesty's Government will take into consideration the advisability of rectifying this tax upon the general taxpayer, either by raising the charge per word after the 6 d. minimum, or by raising the charge for registered addresses, or by abolishing them altogether; and, whether it is a fact that the telegraphs are used chiefly by news agencies, speculators in stocks and shares, and by betting men, who, living in towns, have no porterage to pay upon their telegrams; and, if so, whether steps cannot be taken to enable persons living in the country, and engaged in agricultural pursuits, to enjoy a similar proportion of advantage from the telegraph subsidy of £500,000?
The accounts for the last financial year have not yet been closed, and I am, therefore, unable to furnish any more definite information as to the deficiency in the Telegraph Revenue than I did on the 6th June, when the Votes for the Post Office were under discussion in this House. I then stated that there was a permanent charge of £326,000 for interest on capital, and that the actual deficit on the working of the telegraph system was estimated at £223,000, making a total deficit for the year of about £550,000. The estimate of a loss of £223,000 on the working of the system has reference to the whole of the telegraphic business of the Department—including inland telegrams, foreign telegrams, Press telegrams, the rentals of private wires, and various other branches of the business. So soon after the introduction of the reduced rate I do not see my way to advise Her Majesty's Government to make any further alteration in the charge for telegrams; and although, for some reasons, it would be better both for the public and the Department that the registration of abbreviated addresses should be abolished, I think it would be difficult to withdraw the privilege of registration at present. I will, however, cause the system to be carefully watched, and will not lose sight of the suggestion made by the hon. Member. I regret that it is not in my power to state what is the present proportion of stock and betting messages; but a Return is now in course of preparation, which I hope to be able to publish before the end of the year, giving the desired information for a week just prior to the introduction of the new rate, and for a corresponding week of last year. I do not see how arrangements could be made to deliver telegrams free at the houses of persons who live in places outside the free delivery of any telegraph office without increasing the loss which is already incurred on the telegraph business of the country.
Scotland—Crofters Commission—Estate of Sir John Fowler—Notice in Respect of Lodgers
asked the Lord Advocate, If he will make inquiries as to the authenticity of the following Circular, announced in the newspapers to have been issued on the estate of Sir John Fowler, K.C.M.G., of Braemore:—
"Regulation.
"Inverbroom House, Braemore,
"May 26th, 1887.
"Anyone keeping lodgers after the 28th of May will pay to Mr. Fowler 1 s. per week extra for each lodger.
"(Signed) T. A. Fowler;"
if he is aware that the usual charges for lodgers in the district is 1 s. 6 d. per week; that the rent paid by each crofter for his cottage is £5 4 s. per annum; and that the rent paid for the crofts is £1 per acre; and, whether the Crofters' Commissioners have the power to prevent this indirect increase of rents in this district?
): Sir John Fowler has built a considerable number of houses of modern construction for workpeople on his estate. These houses were built solely for their accommodation; but it has been found that some of the tenants of the houses take in lodgers to such an extent that the whole of the tenants' families—sometimes five, six, and seven people—live in one room, the whole of the rest of the house being occupied by lodgers. To this Sir John Fowler objects on sanitary grounds—for the sake of the people themselves; and he desires to prevent it. If these people fall within the definition of crofters under the Act of last year, the Commission can deal with their rents; but I am informed that the present rent does not yield more than 1½ per cent to the proprietor on his outlay.
Colonial Judgments, &c.—Legislation
asked the Secretary of State for the Colonies, Whether he can hold out any hope that a Bill dealing with Colonial Judgments and kindred subjects, upon the lines approved at the recent Colonial Conference, will be introduced by the Government during the present Session?
Two draft Bills, one dealing with Colonial Judgments, the other with Bankruptcy, have been prepared, and I have communicated them to the Lord Chancellor, who is consulting some of the Judges upon their provisions. Subject to the approval of the Lord Chancellor, I hope it may be possible to introduce and pass the Bills during the present Session.
Post Office (Ireland) — Postal Facilities During the Mackerel Season
asked the Postmaster General, Whether any decision has been arrived at with reference to the continuance of the improved postal facilities afforded to the town of Kinsale since the opening of the mackerel fishing season?
I have given directions for the day mail car to Kinsale to be continued temporarily after the close of the fishing season, until it can be ascertained by a fresh account what the normal correspondence for Kinsale by day mail actually is.
Celebration of the Jubilee Year of Her Majesty's Reign—Special Gratuity to the Metropolitan Police
asked the Secretary of State for the Home Department, Whether any special gratuity will be given to the Metropolitan Police for their extraordinary services during the Jubilee week, and whether the members of the Force will have any compensating holiday; if so, what is the arrangement proposed?
The services of the Metropolitan Police during the Jubilee festivities will be recognized and rewarded. The members of the Force in the Metropolitan District will receive a day's pay and a commemorative bronze medal. The Chief Commissioner informs me that he has also granted three extra days' leave, with full pay, to the members of the Force.
War Office (Ordnance Department)—The Surveyor General
asked the Secretary of State for War, Whether any, and, if so, what, duties are attached to the Office of Surveyor General of Ordnance which are not mentioned in his Letter of Service; why they are not so mentioned; and upon what principle is he held responsible for the performance of duties not assigned to him in such Letter of Service; and, whether the Order in Council of June, 1855, which laid down the duties of the Director of Army Contracts, has long since been revoked, and no new Order substituted for it; and, if so, in what way are the duties and responsibilities of that important official defined and prescribed?
The only duty assigned to the Surveyor General of the Ordnance which is not included in the duties assigned to him by the Order in Council of June 23, 1870, is the supervision and control of the expenditure for building services. There is no actual necessity for assigning particular duties to any officer by Order in Council, except that it gives more formal sanction to a particular organization. It was, and is, quite within the Secretary of State's competency to assign any duties not otherwise assigned by Order in Council to any officer of his Department. When the Order in Council of June, 1855, was revoked by that of February, 1857, it was considered desirable to leave the Secretary of State free to make what distribution of the business of the office he considered best without tying his hands by an Order in Council. The Director of Contracts acts under delegated authority from the Surveyor General of Ordnance, who is charged with the provision of all stores, &c., for the Army. His duties and responsibilities are well defined by custom, and no difficulty arises for want of a formal definition of them. The whole question was considered by the House of Commons Committee on Purchases by Public Departments in 1874, and the mode in which the duties should be performed was laid down in detail in its Report. This Report was approved by the Government and the Director of Contracts acts in strict accordance with the recommendations of that Committee.
Commissioners of Woods and Forests—Return of Income and Expenditure
asked the Secretary to the Treasury, When the Return as to the Income and Expenditure of the Commissioners of Woods and Forests, ordered on the 28th February last, will be presented and circulated?
The Return in Question has been found to involve more labour than was at first thought probable; and its preparation has also been delayed by the necessity for completing the Annual Report of the Commissioners of Woods, which was laid upon the Table yesterday. Every effort will now be made to complete the Return as quickly as possible.
War Office (Ordnance Department)—Small Arms Factory at Enfield
asked the Surveyor General of Ordnance, Whether the works at the Royal Small Arms Factory at Enfield are being greatly extended; whether, for this purpose, during the last financial year, £36,967 was voted for buildings, and £20,000 for machinery, whilst for the current financial year £19,983 is asked for buildings, and £18,500 for machinery; and, whether he will explain why the staff of workmen at Enfield is being reduced, concurrently with the extension of the works?
Extensions of the factory were approved in 1885, and will be completed this year. The figures in the second paragraph are correctly quoted from the Estimates, and represent the sums necessary to carry out the works authorized in 1885. The delay in the adoption of the pattern of the new rifle has to some extent affected the position of the workmen at Enfield; but, as I said last night, no decision involving any large reduction has as yet been come to.
In reply to Mr. HANBURY (Preston),
said, that the discharge of men for mere purposes of reduction had been so small as really to amount to no reduction at all.
asked, whether the hon. Gentleman was aware that, during the current week, the overseer had been making the usual inquiries which precede discharge or suspension of workpeople?
replied, that he could not say what inquiries had been made; but no reduction would be made without consideration, and, as yet, no decision had been come to.
Law and Police (Metropolis) — Arrest of Miss Cass
asked the Secretary of State for the Home Department, Whether his attention has been called to the arrest by the police at 9.30 on Tuesday evening last, on a charge of prostitution, of a young woman in employment as forewoman at a dressmaking establishment; whether her employer deposed that she had never been out of doors of an evening for three weeks previous to the evening in question, and that on that occasion she went out to make some purchases; whether there was any corroboration of the constable's evidence; whether Mr. Newton, the police magistrate, is correctly reported to have stated—
"That he thought she was out for an improper purpose,"
and added—
"Just take my advice; if you are a respectable girl, as you say you are, don't walk in Regent Street at night, for if you do you will either be fined or sent to prison after the caution I have given you;"
and, whether the Government will make inquiries into the accuracy of the report in question?
I have obtained from the magistrate a Report on the case, from which it appears that the facts are substantially as stated in the Question, except that the young woman's employer merely stated, not on oath, that she was a forewoman in a dressmaking establishment. There was no corroboration of the constable's evidence; but the magistrate had known him for a long time as a trustworthy officer, and saw no reason to doubt his evidence, which distinctly established three cases of solicitation by the young woman to the annoyance of passers-by.
Will the right hon. Gentleman make further inquiries as to whether the employer of this young woman did not give her evidence on oath?
No, Sir; the magistrate informed me distinctly that she did not.
Will the right hon. Gentleman make inquiries as to whether the constable was not exceeding his duty in taking the girl into custody without a charge being preferred against her by another person?
The constable stated that the prisoner caught hold of two more gentlemen, one of whom said in his hearing—"It is very hard that I should be stopped; it is the third time I have been stopped in this street." The law as interpreted by the Metropolitan Police Magistrates, whose decisions it is not for me to criticize, is that if in the hearing of the police constable there is solicitation to the annoyance of the passers by, that is sufficient.
asked, whether the statement of the gentleman was not made subsequent to the arrest of the girl?
said, he had read from the evidence given when the charge was heard.
said, that in consequence of the answer which had been given he should, at the earliest possible moment, call attention to this case.
said, he thought that the Home Secretary had failed to appreciate the point of the Question. His Question was whether, according to the evidence given by the constable himself, the arrest of the girl did not take place first, and subsequently, in the hearing of the girl, the gentleman came up and used the words?
No, Sir. That does not appear from the evidence. It appears from the evidence of the witness that he heard the matter stated. It does not appear at what period he took her into custody; but I gather, from the tenour of the evidence, that it was after hearing that.
Will the right hon. Gentleman make special inquiry?
No, Sir.
Subsequently,
I wish to ask the right hon. Gentleman whether, considering the very serious injury which may have been done to an innocent person, if any mistake has taken place in this case; and, considering also it was perfectly evident that the magistrate himself was in some doubt on the subject, because he did not either fine or send the girl to prison, whether, under these circumstances, he could not, consistently with his duty, make some further inquiry as to the character of the employer and the girl herself?
In answer to the right hon. Gentleman, I can only say that I have inquired of the magistrate, and have received from him a full Report, of which I have only given the substance and effect to the House. The Report was accompanied by a copy of the evidence, which I will read if the House thinks proper. ["No!"] The magistrate tells me that he has known the officer as a trustworthy constable for a number of years, and he had no doubt whatever as to what occurred in Regent Street on the night in question. I should, of course, have no objection to make any inquiry; but I am sure the right hon. Gentleman will see the difficulty of instituting a sort of inquisitorial inquiry into the life of this young woman whom the magistrate, not wishing to inflict any punishment upon, discharged. I feel a great difficulty about sending detectives either to the dressmaking establishment, or to the house of the young woman to make inquiries. I am told that the proof before the magistrate was simply conclusive.
Business of the House — the Scotch Universities Bill
asked the Lord Advocate, Whether it is the intention of the Government to proceed with the Scotch Universities Bill this Session?
Yes, Sir.
Treaties With Foreign Powers—National Treatment Clauses
asked the Under Secretary of State for Foreign Affairs, When the Return of National Treatment Clauses contained in any existing Treaties of Navigation between Great Britain and any Foreign Power, ordered by the House on 10th June last, will be presented?
The Return is being prepared; but, as it involves the careful perusal of every Treaty with every country, great care is required in its preparation. But no time has been lost; and, notwithstanding the great pressure upon the Librarian's Department of the Foreign Office, which is engaged upon the Return, I trust it will soon be in the hands of hon. Members.
India (Bengal)—The Out-Still System
asked the Under Secretary of State for India, Whether there has been any, and what, extension of the out-still system in Bengal; and, whether Her Majesty's Government have received any intimation that Native opinion is opposed to such extension, as encouraging intemperance?
Of late years it has been the policy of the Government to extend the out-still system in Bengal in place of the central distillery system, which did not work satisfactorily owing to the facilities it affords for fraud, and the temptation it holds out to illicit distillation; but Her Majesty's Government have not received any intimation from Natives of India that this extension is opposed to their opinions.
asked, if it was not a fact that after the Government of Bengal had reported that the out-still system was injurious there had been an increase?
replied that there was no information to that effect; the policy of the Government had been to extend the out-still system in certain districts.
Law and Justice (England and Wales)—The Shropshire Assizes
asked the Secretary of State for the Home Department, Whether it is true that a scheme is in contemplation with the object of removing the civil business of the Shropshire Assizes from Shrewsbury to some town outside the County of Salop; and, whether he would be prepared to withhold his sanction from any Order in Council which would have that effect?
No such scheme has been brought to my notice. My hon. Friend is, no doubt, aware that the regulation of Circuit business, whether by Rule of Court or by Order in Council, does not require the sanction of the Secretary of State, and is subject to review by either House of Parliament.
Post Office Contracts — East India and China Mail Contract
asked the Secretary to the Treasury, If he will cause to be printed and distributed to Members of the House, on Monday morning with the Orders, a copy of the Memorandum recently furnished to him or to the Treasury by the Peninsular and Oriental Steam Navigation Company, relating to the contract for the conveyance of the India and China Mails?
, in reply, said, he did not think it would be conducive to the public interest that letters or documents in the nature of private communications, which might be addressed to the Secretary to the Treasury, should be laid before the House.
I know that a number of Members have seen it; and, consequently, I think it is better that all of us should see it.
I have no knowledge of that.
Trade and Commerce—Destitution Among Iron-Workers at Tipton—Out-Door Relief
asked the President of the Local Government Board, Whether he is now in a position to answer the following Question, which was addressed to him on Monday last—namely, whether his attention has been called to the following statement which appeared in a London evening journal on Friday last:—
"At Tipton, this afternoon, a deputation of about 100 workers, residing at Bloomfield, Tipton, waited upon the Poor Law Guardians, and applied for relief. It was stated that about 400 ironworkers and their families were starving, through the stopping of the ironworks, some of the men not having broken their fast for several days. The Chairman and other Guardians sympathized with the men, and stated that the only relief they could give was to send them into the workhouse;"
and, if the statement truly describes the condition of the ironworkers at Tipton, whether he will immediately take the necessary steps to ensure temporary outdoor relief being afforded the men and their families by the local Poor Law Guardians?
I am informed by the clerk of the Dudley Union that a deputation representing between 20 and 30 ironworkers from Tipton parish appeared before the Board of Guardians last Friday, and that the statement as to 400 ironworkers and their families being in a state of starvation is untrue, so far as the Guardians and their relieving officers are aware. It is the case that the men were offered the workhouse last Friday, but refused to accept orders for admission. Although trade is bad there is no special distress in the district, and the relieving officers have not received any applications from the men out of work. It rests with the Guardians to determine, in the case of able-bodied men seeking relief on the ground of their being out of work, whether they will give out-door relief subject to a labour test, or whether they will offer the workhouse. The weekly meeting of the Board of Guardians is held to-day; and the Inspector of the district has gone to meet the Guardians in connection with this subject. His Report will probably furnish further information.
Truck Bill—Weekly Payment of Wages in Ireland
asked the Secretary of State for the Home Department, Whether, in the event of a general agreement of opinion on the subject amongst Irish Members of the House, the Government will agree to insert a clause in the Truck Bill providing for the weekly payment of the wages of workmen in Ireland?
Such a remarkable consensus of opinion as the Question, of the hon. Member suggests would, undoubtedly, carry great weight; but the proper time for the Government to express an opinion on the subject will be when the Bill is again before the House and the hopes of the hon. Member are realized.
The Paris Exhibition, 1889
asked the Under Secretary of State for Foreign Affairs, If it is a fact that the British Chamber of Commerce in Paris has undertaken, with the assent of the French Government, the arrangement of the British section of the great International Exhibition of 1889; and, if it is proposed to ask Parliament for any grant of public money towards the expenses of an undertaking of such interest to the commercial community?
The British Chamber of Commerce at Paris have proposed to undertake the management of the British section of the Paris Exhibition of 1889. As Her Majesty's Government do not propose to take an official part in the Exhibition, it is not intended to ask Parliament for any grant of public money towards the expenses of the undertaking.
Law and Justice — Offences Against Women and Children—Returns
asked the Secretary of State for the Home Department, Whether he will lay upon the Table of the House a Return of the recommendations made since the passing of "The Criminal Law Amendment Act, 1885," by Grand Juries with respect to the punishment of offences against women and children?
, in reply, said, there were no Returns of the recommendation of Grand Juries with respect to this Act in the possession of the Home Office.
The Irish Land Law Bill and the Criminal Law Amendment (Ireland) Bill
In the absence of the First Lord of the Treasury, perhaps the Chancellor of the Exchequer would answer the Question I wish to ask. It is with reference to the date on which the Criminal Law Amendment (Ireland) Bill will be taken. I understand it is impossible for the Irish Land Law Bill to leave "another place" till Monday. If so, it is impossible that it could be in our hands till Tuesday morning. In that case does the Chief Secretary intend to take the third reading of the Criminal Law Amendment (Ireland) Bill on Tuesday evening?
(who had just come in behind the Chair): I think the House will agree that it would be entirely in accordance with the pledge given by the Government if they took the third reading of the Criminal Law Amendment (Ireland) Bill on Tuesday evening, provided that the Land Bill was in circulation on Tuesday morning. Of course, if the Irish Land Law Bill is not circulated on Tuesday morning, the third reading will not be taken on Tuesday evening.
Then the engagement of the First Lord of the Treasury comes to this—that we shall have from between 11 and 12 o'clock on Tuesday forenoon until 4 or 5 o'clock in the afternoon to consider the Irish Land Law Bill.
The Metropolitan Board of Works—Representation in This House
asked Mr. Chancellor of the Exchequer, Who now informally represented the Board of Works in the House?
asked that Notice should be given of the Question.
Royal Irish Constabulary — Inquiry as to the Conduct of the Constabulary at Bodyke, Co. Clare
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, keeping in view the action of the Secretary of State for the Home Department, in appointing a Commissioner to inquire into the tithes disturbances in Wales, he would not reconsider his refusal to inquire into the recent conduct of the Constabulary in the County of Clare?
At Bodyke?
And Feakle.
No, Sir. All the information which I have received from these quarters since I had the honour of addressing the House on the subject leads me to believe that the police acted admirably, and that no inquiry whatever is required.
Business of the House
In reply to Sir JOSEPH PEASE (Durham, Barnard Castle),
said, that on Monday the Government proposed to take Supply, which was urgent. At about 10 o'clock they would move to report Progress, in order to proceed with the subject of the Peninsular and Oriental Mail Contract.
In reply to Mr. CLANCY (Dublin Co., N.),
said, that he proposed that evening to move that the House go into Committee on the Merchandize Marks Bill. He hoped that the Bill might be discussed in Committee on Monday.
Distressed Unions (Ireland) Bill
I wish to ask the Chief Secretary to the Lord Lieutenant of Ireland, Whether he can state when it is proposed to circulate the Bill mentioned by the Parliamentary Under Secretary yesterday, in reply to a Question of mine, a Bill which is stated to have been based upon the Report of the Irish Poor Belief Inquiry Commissioners; and, whether he could not now explain what the proposals of the Government are?
I am afraid, Sir, it would not be in Order for me to explain the Bill now; but what I propose doing is to circulate with the Bill a Memorandum explaining the nature of the Bill, and the object of its introduction.
Can the right hon. Gentleman give any indication on what day it will be printed?
It will be printed immediately. I hope it will be circulated to-morrow or Monday.
Riots and Disturbances (Ireland)—Celebration of the 1st of July (Belfast)
asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he had any information that the 1st of July was passing quietly in Belfast; and what arrangements the authorities had made for the preservation of the peace of that city?
I have received no information to-day of the condition of things; but the Reports which I have recently received lead me to believe that the arrangements for dealing with any disturbances that may arise in Belfast are better than they have been on any previous occasion.
Criminal Law Amendment (Ireland) Bill
Among the Notices disposed of, in consequence of the course of proceedings adopted last night upon the Criminal Law Amendment (Ireland) Bill, there were two given by my hon. and learned Friend the late Attorney General (Sir Charles Russell); one relating to the 2nd clause, and to the protection afforded by the Trades Unions Act to all persons in respect of exclusive dealing, not in respect of violation of contract; and the other relating to the 6th clause, and providing for the power of obtaining a judicial issue of the proceedings under that clause. I wish to ask Her Majesty's Government whether they are disposed, with regard to either or both of those Amendments, to incorporate them in the Bill? but I have not the slightest right to expect an answer now. I only mention the matter for convenience. I will give Notice of the Question for Monday, if the Government are not prepared at present to say "Aye" or "No" upon the subject.
I should be unwilling to give a final answer without having the Question before me; but I am afraid I cannot hold out any hope that the answer will be favourable.
Then I will put down a Question for Monday, in order that the matter may be quite clear.
Orders of the Day
Supply.—Committee
Order for Committee read.
Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."
Cultivation of Waste Lands,
Resolution
, in rising to move—
"That, in the opinion of this House, ownership of land should carry with it the duty of cultivation, and that in all cases where land capable of cultivation with profit, and not devoted to some purpose of pubilc utility or enjoyment, is held in a waste or uncultivated state, the local authorities ought to have the power to compulsorily acquire such land by payment to the owner for a limited term of an annual sum not exceeding the then average net annual produce of the said lands, in order that such local authorities may in their discretion let the said lands to tenant cultivators, with such conditions as to term of tenancy, rent, reclamation, drainage, and cultivation respectively as shall afford reasonable encouragement, opportunities, facilities, and security for the due cultivation and development of the said land,"
said, he was aware that abstract Resolutions moved in that House without the immediate prospect of legislation following were often a waste of time; but last year, when he introduced a Bill on this subject, he was told by many hon. Members on his own side of the House that no measure of that character ought to be brought forward except by one of the Members of the Front Benches. He could scarcely expect such a measure from the present Government, and he had seen no sign of any inclination towards such a measure from the Opposition Front Bench. For this reason, and because of the utter impossibility of carrying in this Session a contentious Bill by a private Member, he now attempted to proceed by Resolution to elicit through debate and in the Division Lobby an expression of opinion from the House on his proposal. He would remind the House that in the last Parliament he introduced a Bill involving the same principle— i.e., that of compulsory cultivation, but differing in some very important details from the Resolution now submitted. That Bill was fairly discussed on second reading, and then withdrawn. He would venture to submit three propositions, all of which seemed to him to be clear, and the acceptance of which by the House would involve the acceptance of the Resolution in spirit if not in each of its details. The first of these propositions was that the right of ownership of cultivable land ought to carry with it the duty of cultivation. He used the word "cultivation" in its widest sense as equivalent to utilization, not meaning necessarily cereal or green crops, but that it should furnish employment. The second proposition was that of the culti- vable land in the United Kingdom there were now 12,000,000 acres in an uncultivated state. He had heard strong denials from hon. Members, whose opinions were entitled to respect in that House, that there was a solitary acre of such land uncultivated except on account of the exigencies of a vacant farm; but he hoped to be able to satisfy the House that his view was correct. The third proposition, which followed upon the other two, was that, when the owner would not cultivate, means should be adopted to insure due cultivation. With regard to the first of these contentions, it had been said by a former Member of this House—one of worldwide repute as a political economist—that whenever in any country the proprietor, generally speaking, ceased to be an improver, political economy had nothing to say in defence of landed property, as so established, when the owner was merely a sinecurist quartered upon it. Without, however, relying upon political economy, he would submit that as a matter of law the principle had been recognized over and over again in this country that all holding of land was subject to the well-being of the population, and he submitted that Parliament was the supreme and only interpreter from time to time of what that well-being was, and there was no ownership of land known which permitted the owner to do what he pleased with it. On the contrary, Parliament had always claimed control over the manner of ownership, and even to deprive the owner of his possession when his ownership conflicted with something that Parliament considered to be for the well-being of the country. That was seen in the case of railways, canals, and town improvements. Even when the owner was left in possession, he was not allowed either by Statute or by Common Law to do what he pleased with the land. The Civil and Criminal Law contained remedies and penalties against him if he used or abused his ownership to the annoyance or injury of his fellow-citizens. In a crowded country like this, from which people were recommended to emigrate, a man who held large quantities of land in an uncultivated state was guilty of an offence which, if not yet a legal, was certainly a moral offence, and an offence which the law ought to step in and deal with. Here, where a large number of people were out of employment—and a little while ago the fact of their being out of employment was of interest to Conservative Members, and when there was land which would afford employment but did not, owing to the action or non-action of the owners, he urged that the Legislature had a duty as well as a right to step in and make that a legal offence which was now a moral offence. If land would provide reasonable and profitable employment for the unemployed, the owner should be warned that he would not be permitted to deprive the masses of facilities for honest existence. Unoccupied and unused land near great towns escaped the local rating, whilst its value for building purposes was enormously increased by the mere augmentation of population. Those who leave land unoccupied near large centres of population laid a burden upon the ratepayers, as the land escaped the burden which it ought to bear. The objection would probably be raised again—"May not a man do what he likes with his own property?" To that he replied, the law says "No." They had already legislated with reference to certain classes of property in the direction to which he had referred. No property could be more valuable to a man who had no other property than his labour, but an able-bodied man was not allowed to let his labour lie idle, and to live upon charity; he was not even free to transfer his labour suddenly, if he left behind him a wife and children. He would be punished as a rogue and vagabond. If labour was burdened with penalties, then land, which had none of the anguish, none of the misery, and none of the pressure which labour had to bear, might be made by the House subject to the same burdens. He asked the House to declare that here, where the struggle for life was a very bitter one, that bitterness should not be enhanced by the people being told that there was land across the Atlantic or across the Pacific for them when there was land in this country to cultivate if they were only permitted to do so. He had been asked whether he thought anyone would be idiot enough to have land in an uncultivated state which could be cultivated with profit? Without going into that question, he could assure the House that what he had stated was absolutely the case. He admitted that it was not easy at first to say how much of the uncultivated land was absolutely cultivable with profit. By that term he meant land which, as a first charge, repaid life to the labourer engaged in its cultivation, reimbursed all outlay of interest necessary to insure cultivation, and left any margin, however small, beyond, even if it did not produce enough profit for the tenant farmer. He quite admitted that before he could induce hon. Members to vote with him they would have to contradict flatly the doctrine laid down by the late Lord Beaconsfield, that there were three classes to be maintained from the land—the landlord, the tenant farmer, and the cultivator; and he urged that if the land in any case would only maintain two classes and not three, it was the duty of Parliament to see that it did maintain the two rather than it should be idle and maintain none. And if the land would neither maintain three classes nor two, but would maintain one, the cultivating labourer, then it was the duty of Parliament to see that it maintained the one rather than that otherwise helpless one should die. Now, there had been no investigation directed expressly to ascertain what uncultivated land was capable of cultivation with profit, and therefore the evidence upon that subject has been got incidentally. Mr. J. B. Denton—who was examined before the Royal Commission presided over by the Duke of Richmond—estimated the irreclaimable land in England and Wales at 4,722,100 acres; the cultivated land at 27,000,000 acres; and the uncultivated land capable of improvement at 5,596,000 acres. In Ireland, Professor Baldwin and Major Robinson, in their Report, showed that 6,000,000 acres of land were comparatively worthless, and the greater part of this was capable of being, and ought to be, reclaimed. On making a further examination into the subject Professor Baldwin said he was inclined to think there was some exaggeration as to the amount of waste lands in Ireland. There were not, he said, more than 1,500 acres of land capable of reclamation, 1,000,000 acres of bog land, and at least three or four times that amount of semi-waste which would admit of reclamation. The Professor afterwards admitted that, at the present, this semi-waste was absolutely worthless, pro- ducing no profit to the landlord or anyone else. Hon. Members might ask, with the distress in Ireland, how was it possible there could be so much waste; but he would show them. He might observe in passing that this statement of Professor Baldwin was corroborated by Major Robinson, these two gentlemen being Assistant Commissioners, appointed by the Duke of Richmond's Commission, and certainly they could not be accused of trying to make a case for the theory he (Mr. Bradlaugh) put forward. He thought it quite possible that some of the Irish Officials might express an opinion as to the value of Major Robinson's evidence; but certainly they would not suggest that any of the hon. Members sitting around him had had anything to do with fixing the kind of testimony which the Major gave. Mr. A. J. Kettle showed why this uncultivated land existed. In his evidence before the Commission, Mr. Kettle said that in a great part of Mayo and on the mountains and bogside of Tipperary and Kerry there had been endeavours to reclaim the land by the tenants, who had had no help but their own hands, with no capital advanced by their landlords, but done solely by the tenants with their own labour and the little savings from the earnings they might have got by harvesting in England and elsewhere; and, said Mr. Kettle, the moment they had by their exertions created property in a rude way and made the land furnish a crop, the landlords raised their rents, so that rather than that one class should live, the land was put waste again, not contributing its share of Imperial taxation, escaping what might be its burden of local taxation, and driving men to starvation and misery who were willing to earn an honest livelihood. No wonder they had Land Leagues and agrarian crime in Ireland. The bog lands themselves, it was shown, might be dealt with, and that was why, in his Motion, he preferred, as well for the bog lands of Ireland as of others, that where large drainage works were necessary to insure cultivation the Local Authorities should have power to raise money, and do that which the individual could not do by himself. As an illustration of what might be done in the reclamation of waste land, he might instance the case of Penstraze Moor, in Cornwall, which in 10 years had been converted from moorland into productive land, maintaining a considerable number of families, with cottages and flower and fruit gardens. The landlord, prior to his letting the land, got nothing whatever for it; but during the 10 years he had received from the willing tenants £1,084 in fine renewals which they were willing to pay, but which they ought not to have paid. He was pressing this upon the House because, sooner or later, the country would have come face to face with this question. The Land Question of this country would be the battle question of this country. It might be made a peaceful battle-ground if Gentlemen of large property on both sides of the House would understand that by small concessions they might grow richer as well as enrich the poor; and if they made none the crash would come which the wisest would be unable to prevent, and which would carry ruin on all sides. Taking the evidence as to England, Wales, and Ireland together, he estimated that there were 11,000,000 acres of cultivable land in these countries. He would not try and reckon the land of Scotland, because he could not do it with any considerable accuracy. The witnesses spoke of "immense tracts of land" lying uncultivated, and he admitted that a good deal of this land was at such a level above the sea as practically to make cultivation impossible. Still, there were many ways of utilizing the utilizable, if people were not too careful of themselves and too careless of the misery round about. One Selkirkshire farmer explained why waste cultivation did not prosper in Scotland. He had tried to reclaim some waste. He built a wall and drained the land, and then the landlord determined the tenancy and allowed him nothing for the improvement. As mischief had been made in Ireland by harsh, brutally harsh, action on the part of landlords, so mischief was being made in Scotland now; and to deal with it in small pieces of legislation here and there, when they might give the people the opportunity of dealing with it themselves in a way that would make them peaceable, contented, and happy—to deal with it by repression or armed force, when they might deal with it by enabling them to dig and plant—he maintained was a most unwise course, unless they wished to provoke conflict. He proposed that the House should decide that the Local Authorities should have power compulsorily to take away from the landowner land which he had not cultivated; that the land so taken away should be given to the tenant and cultivated for a limited term, with power on the part of the tenant to renew the tenancy on his showing that he had improved the land in his cultivation. To encourage increased cultivation and industry he would give a longer term at the same rental for every percentage of improvement the tenant had made. Where a man knew that he tilled the land for his own benefit the crop came richer to him. There was an energy in his cultivation of the land which no mere hired labour could produce. He maintained that this was no revolutionary measure. It was a measure which would give employment to the unemployed, make thrifty those who had now nothing to save, reduce the poor rates by putting fewer people with less claim upon them, and increase the purchasing power of every artizan's wage. This was no mere Land Question; it was a trade question as well. Employers of labour were coming face to face with terrible struggles, We, in this country, however, might say with pride that the men who had struck for higher wages since education had become more common and literature more cheap had become more patient, more law-abiding than any other people in the world. He would take as an illustration the recent strike in Northumberland. There had been no riot, disorder, or mischief; but there had been much hunger and misery. He intended to persevere with this Motion and to press it to a Division so that the people might judge between those who proposed employment for the unemployed which cost the Nation something, and those who proposed employment which cost the Nation nothing, but which brought money into the National purse. The Government and its Supporters proposed huge works of relief, costing millions of money; he, on the other hand, proposed works all over the country which paid their own profit. But he might be asked, "How can you expect produce to be reared here when you cannot compete with foreign produce now?" He had already tried to remove one of the difficulties which had handicapped this country against foreign competition in relation to market and dairy produce by destroying the infamous system of tolls. He frankly admitted that in this he had the most potent assistance from Gentlemen opposite. He would ask those hon. Gentlemen on both sides of the House who were directors of large railways, and who represented the large interest of capital, to consider how much they impoverished the people here by giving favourable preferential rates to people far off, thereby starving and killing the labourer at our own doors. He would tell those who represented landed interests, whether they sat on the Government side of the House or on his own side, that it was no use relying upon old Statutes and old deeds—old Statutes made when land and force made the law. Hammer, spade, and loom had to be heard to-day; and if this House would not hearken to them now, they would make themselves heard in times of hunger and of misery.
said, he rose to second the very conservative proposition of the hon. Member for Northampton (Mr. Bradlaugh). He (Mr. P. Stanhope) called it conservative, in the truest sense of the word, meaning as it did the gradual solution of the great land problem in such a rational and simple manner as might in time come to be accepted by the House. He desired, however, to speak on the Motion as it affected one branch of the subject. The Black Country, in which his constituency was situated, was the great centre of the iron industry of the Midland Counties. At one time it was a very fertile agricultural district, but owing to the action of mining and industrial operations it had become nearly a waste. Five hundred thousand people had to live a hard, painful, and weary life in this district; and, quite apart from the profitable character of the cultivation, he would urge in the interests of the happiness of the people, in the interests of their enjoyment, that it was desirable that some steps should be taken to put under the plough or the spade such plots and parcels of land as might be available for the purpose. In the Black Country there were 50,000 acres of waste land; and in Durham, North Yorkshire, and other mining districts there were thousands of acres lying waste. The original system under which the mines in this particular district were developed was by the landlord giving a lease to some person to get the coal or the mineral under the surface. Generally there was a condition in the lease that the surface of the land should be restored to cultivation after the mineral had been obtained, or in default a fine to be paid to the landlord. In the majority of instances the worker of the mine had preferred to pay the fine to the landlord, who, instead of using it for the purpose of restoring the surface of his property, had pocketed the money and kept the land in an uncultivated state. The result had been prejudicial to the population of the district, who could not, like the more fortunate landlord, migrate to more fertile places; and he would like to see the Local Authority empowered to compulsorily take over land surrounding these districts on equitable conditions and enabled to let it out in times of depression for the purpose of affording some means of subsistence to struggling families. There were a large number of cases, some of which he would quote to the House, where these lands had been restored either to cultivation or to the purposes of enjoyment. The House might be inclined to think that the plan suggested in the Motion possessed no possible means of profit. But in a district with which he was acquainted there were no less than 2,500 acres of mining waste which, though unprofitable at the present time, might under some power conferred on the Local Authority be restored, if not for the purposes of cultivation, at all events for purposes of recreation in which direction this sort of land had been successfully utilized, and the borough surveyor in that district said with regard to cultivable land now land now lying waste in these localities—
"I am bound to confess that where there has been a failure to make the land yield a profit by small tenants, it is due to the enormously exaggerated value which is placed on the land by the owners in the shape of rent."
The proposition of his hon. Friend was made for the purpose of avoiding the exaction of these high rents. Its object was that the Local Authority should step in between indolent and exacting landlords and those who on fair conditions were eager to become their tenants, and afford them facilities for cultivating land which was at present useless and unprofitable. In this time of distress the poor rate was enormous, and the whole of it fell upon the poorer class, and the great proprietors of land, who had worked out hundreds of thousands of pounds from the land, did not contribute one farthing in poor rates to the support of the people whom they had attracted to these centres of industry. He thought that the proposition advanced by his hon. Friend was one which would be generally accepted by the country, if for the moment it were not adopted by the House.
Amendment proposed,
To leave out from the word "That" to the end of the Question, in order to add the words "in the opinion of this House, ownership of land should carry with it the duty of cultivation, and that in all cases where land capable of cultivation with profit, and not devoted to some purpose of public utility or enjoyment, is held in a waste or uncultivated state, the local authorities ought to have the power to compulsorily acquire such land by payment to the owner for a limited term of an annual sum not exceeding the then average net annual produce of the said lands in order that such local authorities may in their discretion let the said lands to tenant cultivators, with such conditions as to term of tenancy, rent, reclamation, drainage, and cultivation respectively as shall afford reasonable encouragement, opportunities, facilities, and security for the due cultivation and development of the said land,"—( Mr. Bradlaugh, )
—instead thereof.
Question proposed, "That the words proposed to be left out stand part of the Question."
said, the hon. Member for Northampton commenced his speech with an appeal to the House to treat his Motion as a serious question, and he was not altogether indisposed to accede to that appeal of the hon. Member for Northampton (Mr. Bradlaugh), who, he frankly acknowledged, had, in the course of his observations, dealt with a variety of subjects the importance of which could not be overrated. He could not, however, help noticing the great discrepancy which existed between the Motion before the House and the views expressed by the hon. Member for Wednesbury (Mr. P. Stanhope) who seconded it, for while the Motion, so far as he understood it, was limited to the acquisition by the Local Authority of land lying waste and uncultivated, the seconder went a great deal further—namely, that the Local Authority should be enabled to step in between indolent and exacting landlords and their tenants and reduce the rents. He would, however, have the two hon. Gentlemen to reconcile their views. According to the main contention of the hon. Member for Northampton, the ownership of land carried with it the duty of cultivation. Not only did it carry with it the duty of cultivation, but also the practice, unless there were some very good reasons to the contrary. It was an unfortunate fact that there were thousands of acres now lying out of cultivation, and the process was continuing. But why? Because, unfortunately, it had been found that to cultivate did not pay. No man, however, would let land lie idle of his own free will and desire, unless he were a lunatic. The fact of the matter was that it cost more to cultivate land than its produce realized. What was the hon. Member's remedy for all this? He said—"Give the Local Authority powers to acquire this land by compulsion. Let them buy it out of the Public Funds and let it out to new tenants." But why should the new tenants be able to make the land pay any better than the old? Did he understand the hon. Member to contemplate that no rent was to be paid for that land in the future? If that were so, how was the interest upon the purchase-money to be paid? If the land was to be taken by compulsion, without any purchase-money being paid, we should indeed have arrived at a new development in the doctrine of public plunder. The hon. Member spoke of heavy rents having been charged, and of tenants' improvements having been unjustly and unfairly confiscated by the landlords; but, surely, the hon. Member was sufficiently a master of this question to know that the confiscation of improvements by a landlord was not possible at the present day; and that every tenant who made improvements on his land did receive compensation for them, and, moreover, could claim compensation by law. The hon. Member also gave a definition of what he called cultivation and profit. He said that he meant by cultivation that which would give life to the person who cultivated, and any margin would be profit; and he spoke of 12,000,000 of acres in the United Kingdom which might be cultivated with profit. Where did those 12,000,000 acres come from? With all respect for the hon. Member, until he heard a further and more complete elucidation of his views upon the subject, he would be very much disposed to question the fact of anything approaching that number of acres being uncultivated at the present time. His objection to the Motion was that it was not only abstract, but also vague in the extreme. The principle of the Motion was that subject to certain conditions, where land was in a waste or an uncultivated state, the Local Authorities ought to be armed with compulsory power to take those lands. To the Broad principle that for the public good land might be taken by compulsion he had no opposition to offer, but it must be proved to be for the public good, and he did not think the hon. Member had shown that to be the case on the present occasion. Again, compensation must be given to those people from whom the land was compulsorily taken. The hon. Member defined the compensation which would be given to many persons, and it would be something of this kind. The only payment made to the owners would be for a limited number of years an annual sum, which was absolutely nothing at all. One of the hon. Member's conditions was that the land must be capable of cultivation with profit. If the description of cultivable land given by the hon. Member—"utilization affording employment and realizing a profit"—were adhered to it would be found that very little of the land of the country would come within the scope of this Motion—
said, that his definition was land which would leave any surplus whatever after providing life for the labourer and reimbursing with interest any capital invested in securing such cultivation.
Quite so; but whether land was cultivable to that extent or not could only be proved by trial, and in such a trial he did not think public money should be expended. Then, again, what did the hon. Member mean by waste land? Did the hon. Member propose to exclude grass land? Would he exclude land which, as the phrase went, laid itself down to grass? Did he exclude gardens and parks? Did he exclude land which had gone back to rabbits? These were all questions de- serving of answer and of some consideration from the hon. Member. Again, take the case of the Highlands of Scotland. Some parts of those Highlands were capable of cultivation, but other parts were not. He knew instances of enormous reclamations being made. Perhaps the hon. Member might say that this land was capable of being cultivated with profit and ought to be acquired by the Local Authorities, and paid for out of Public Funds. He might remark, however, that in many cases these reclamations had been enormous losses. Then, what did the hon. Member say about deer forests? According to his view deer forests did fulfil the hon. Member's conditions of cultivation by which they would be excluded from the operation of his scheme. They did afford employment, and they did produce a profit. He wanted to know on what grounds the hon. Member was going to dictate to persons whose capital was invested in land unless he intended to apply the same principle to those whose capital was invested in trades and manufactures. He recognized the difficulties of the situation quite as much as the hon. Member for Northampton, and he desired to meet the hon. Gentleman, and all who entertained similar views, in the spirit in which he appealed to hon. Members who sat on the Ministerial side of the House. If there were one thing which he desired to see more than another it was that there should be a large addition to the number of owners of land in this country. He wished to see more land brought into cultivation, but he was afraid we could only look for that to some future improvement in the prices of produce. Hon. Members opposite should remember the growth of mechanical science was such that to-day we—with our old and partially worn-out soil—had to compete on practically equal terms with the vast and fertile wheat fields of the far West of America aad the boundless plains of India. This was a fact that accounted to a great extent for the state of things which they all, equally with the hon. Member, deplored, and which Parliament and the country would have to look honestly in the face. It was not for him to-night to state by what means a remedy could be found, but it was his firm belief, if the Motion of the hon. Member were given practical effect to, it would only add to and increase our existing difficulties, and it was for this reason that he hoped it would be rejected by the House.
said, not only did he sympathize with the Resolution of the hon. Member for Northampton (Mr. Bradlaugh), but he agreed with almost everything that had fallen from him. The central principle of the Resolution he presumed to be this—that the ownership of land carried with it the duty of cultivation. That was the principle which the hon. Member asked the House to affirm, and it would remain afterwards for the House to determine the best means of giving practical effect to the principle. The cause of land going out of cultivation was in a great measure due to the conditions landlords attached to cultivation. A large portion of the land now considered to be uncultivable could be made so. There were thousands of acres which did not now yield 6 d. an acre which might be cultivated to pay at least 2 s. 6 d. an acre by industry under changed conditions. He had in his own experience seen small holdings on the hillsides of Scotland that had been reclaimed exclusively at the cost of the holders themselves; and in almost every case—he was sorry to say he did not know any exception—at the end of the lease the landlord had exacted something like 15 s. an acre, the full value of the land, from the man who had given it that value. The right hon. Member for Lincolnshire (Mr. Chaplin) said farmers were now fully protected by the Agricultural Holdings Act. But such was by no means the case. He, unfortunately for himself, had reclaimed 250 acres of land at his own expense. Before reclamation the land was valueless, and the landlord had spent nothing. At the end of the lease he had to go out without receiving a farthing of compensation. He did not complain of this, because he made the bargain; but so long as the present system remained he was not disposed to renew the experiment, and such examples did not encourage others. Given a free hand and perpetuity of tenure, he believed a large proportion of the land now considered uncultivable would be cultivated with profit to the cultivators and with great advantage to the nation. He would urge owners of land to consider carefully their present position, and to accept some such proposal as that of the hon. Member. He was not prepared to deal with properties so hardly as his hon. Friend; but he thought that for land which an owner was not receiving 6 d. an acre, from 1 s. to 2 s. 6 d. per acre would be a good price to pay him for it. Small patches of land would be highly prized by labourers to eke out their wages. As the question of deer forests had been raised by the right hon. Gentleman opposite, he would say that he believed the practice in Scotland had actually deteriorated the land; and instead of doing anything to increase the wealth of the country, the practice of afforesting had diminished it. Fewer men were employed, and until late years a smaller return was produced. He inquired into the circumstances of one deer forest in particular. He was sure it would have been far more profitably turned to sheep farming at that time. It was impracticable to carry on farming under the present system of tenure. The Motion of the hon. Gentleman was directed more to small holdings, and that was the direction in which the cultivation of the country in the future must proceed. He did not believe there would be much recovery from the present depression until they succeeded in inducing a larger proportion of the population to settle on the land, and relieve the congestion of large towns. By this means they would increase cultivation, and add generally to the welfare of the community.
said, he thought if the hon. Member for Northampton (Mr. Bradlaugh), who made the Motion, had visited the Eastern Counties, and seen the state of things there, he would have put the Motion in a different way, for he would have found there was no great desire on the part of the agricultural labourers to occupy land other than garden ground, because they knew that to farm the land at the present agricultural prices meant that their remuneration would not be so good as what they now received for their labour. There was nothing easier than to put the theory of the hon. Member for Northampton to the test. There were thousands of acres in East Anglia which could be bought for less money than it had cost the owners to erect the buildings and effect the existing improvements upon them. And of all classes of farmers the yeomen had suffered most. He was one himself; and though he would not detail his own sufferings to the House, he could assure them that this class of farmers was hard pushed to make both ends meet. He could hardly accept the statement that there were 12,000,000 acres of land out of cultivation; but, unfortunately, large quantities of land were becoming more and more unprofitable, and, until prices improved, he saw no hope of a better state of things.
said, his complaint of the Motion of his hon. Friend the Member for Northampton (Mr. Bradlaugh) was made on different grounds to that of the right hon. Gentleman the Member for the Sleaford Division of Lincolnshire (Mr. Chaplin). The right hon. Gentleman complained that the Motion was too vague and general in its terms; his complaint was that it was too specific. If his hon. Friend (Mr. Bradlaugh) had confined himself to the assertion that the State had a right, when necessary for the well-being of the community, to step in and expropriate the owners of the soil at the market value, he should not object; but the hon. Member had chosen by this Motion to introduce a series of propositions, every one of which appeared to him to be legally unworkable, economically unsound, and morally unjust. In the first place, the hon. Member asserted that there was a duty of cultivation on the part of every owner of the soil. That was a very general proposition. There was a duty of cultivation under one set of circumstances, and one set of circumstances only, and that was in so far, and only in so far, as non-cultivation meant injury to the community in which the land was situated. If the proposition of the hon. Member had been qualified in that way he would so far have supported it. But the proposition of the hon. Member seemed to go further, and amount to this—that the Local Authority was to be entitled to speculate, for speculation it would be, at the expense of the ratepayers in land which might not yield an adequate return. Then in regard to the mode of payment proposed by the Motion, assuming that the case was one in which expropriation ought to be carried out, it was, in his opinion, the case that there were conditions of land tenure which were in- consistent with the welfare of the community; but that was a state of matters which had grown up under laws for which the Representatives of the people were responsible. They could not, consistently with the system on which the government of the country was carried out, take away property which was acquired on terms held out to the purchasers by the State of which they were members. If the Government had made a mistake in those terms, it would be perfectly right that the Government should come forward and buy out those who held the land to the prejudice of the community on fair marketable terms; but the persons to suffer must not be the individual owners who purchased on the authority of the State guarantee. The sufferer must be the State who made the mistake, and the taxpayer whom the State represented. He himself should like to see the Local Authorities in our towns and villages armed with powers which would enable them to acquire such land as was necessary for the development and proper increase of those towns and villages, and to acquire such land on other than ransom or speculative terms. It ought to be possible to purchase land wanted for that purpose upon such terms as would be fixed for a Railway Company by a valuer in an ordinary case, and subject to the qualification, as regards the future, which he would state. He recognized the justice of the proposal that the special unearned increment arising from the fact that the town or village was developing ought not to belong to the owner of the adjacent land; but the law had in the past given him that, and while it would be perfectly right and proper to declare that this special unearned increment, as distinguished from the general increment due to any general rise in the value of property, where it accrued in the future should belong to those who had created it, the State could not take it away from those to whom the law in the past had given it. Supposing that a man should, with a view to building on it, have allowed his land to lie waste, and that the net annual value was, in consequence, only 3 s. 6 d. per acre or less, would the hon. Member propose that nothing more should be given to the owner? What he said was, that in the future it would be perfectly fair to declare that a Local Authority might buy land adjacent to a town or village necessary for its development on the terms he had indicated. In his opinion, the Motion, if carried and acted on, would lead to great injustice, and therefore he could not support it; but he was ready to vote for a Resolution affirming the right of the community to interfere with private ownership on good grounds, at a fitting time, and on proper terms.
said, that the expression "land capable of cultivation with profit" begged the question. He wished to bring to the notice of the hon. Member for Northampton the fact that it was because land was incapable of cultivation at a profit that it went out of cultivation. In many parts of the county which he represented land was going out of cultivation because of the incidence of local taxation and of the tremendous stress of foreign competition. Would the hon. Member explain how waste land was to be cultivated at a profit when good land was going out of cultivation because it would not pay?
In the same way as Penstraze Moor was made to pay when land near it was alleged to have gone out of cultivation?
said, he should like to know who was to pay for the amateur experiments in agriculture recommended by the hon. Member? The tenant-farmer certainly could not bear any increase of local taxation at a time when it cost 40 s. a quarter to grow wheat which it was difficult to sell for 25 s. a quarter. He questioned whether any good was likely to result from crude and abstract schemes, such as that of the hon. Member.
said, that the hon. Member for the Maldon Division of Essex had said that agricultural labourers were not anxious to obtain land; but, did not almost all hon. Members on the opposite side at the last Election state in their Election addresses that they were ready to give land to the labourers if they desired it? That showed they then thought that the labourers desired to obtain possession of land, as in fact they did, if they could get it at a moderate rent—that was to say, the same rent as was paid by the farmer. The fact was, that agricultural la- bourers could not get, at a moderate rent, the land which they were eager to cultivate in small plots. It was because he believed that the plan of the hon. Member for Northampton (Mr. Bradlaugh) would create an opening for these small cultivating occupiers of land that he thought it should have the support of those who were interested in the condition of the agricultural labourers. It was most unfortunate that we should now have millions of acres of uncultivated land, which was intended to be cultivated and to grow food. No one who looked at these millions of acres growing nothing but weeds, could help thinking that there must be something wrong with the legislation of a country which allowed land to go out of cultivation, when the labourers of the counties in which this land was situated were anxious to obtain land, but were not able to do so. He believed that the proposal before them, if it received the sanction of the House, would promote the establishment of allotments all over the country, which was most desirable. We had now an agricultural population which was fast disappearing from the country. Some 30,000 people migrated annually from the rural districts to our large towns or to foreign lands. That was not satisfactory. It flooded the labour market in the towns and destroyed the peasantry which was once the strength, and should be the pride, of the country. He wished to see these people attracted back again to the rural districts, and he believed that this would be the case if they could obtain plots to cultivate. Every acre of land cultivated by such small holders would add to the food production and the wealth of the country. We spent some £24,000,000 a-year in buying eggs, butter, cheese, and potatoes, and such produce, from foreign countries. Surely these things might be produced here as well as across the sea. [ Cries of "No!"] At all events, hens in this country ought to be as profitable as hens in any other country. The agricultural labourers should be allowed to try the experiment of raising poultry and vegetables. The right hon. Member (Mr. Chaplin) had said that this question should be settled by experiment. Well, all that the supporters of the Resolution asked was that it should be settled by experiment, and that to that end the Local Authorities, who were not likely to abuse or make a foolish use of the powers with which they were entrusted, should be authorized to acquire land for the purpose of letting it to small occupiers for the purpose of cultivation.
said, that in the absence of the noble Lord the Chancellor of the Duchy of Lancaster (Lord John Manners) he had been asked to say a few words in answer to this Resolution. Before he passed to the terms of that Resolution and the words with which the hon. Member for Northampton (Mr. Bradlaugh) had introduced it, he would like to say one word on the speech to which they had just listened. It was most extraordinary that many hon. Members who professed to take an interest in the Land Question should day after day, and year after year repeat assertions as to the demands of the labourers for land not being satisfied, in spite of the figures and facts shown in the Agricultural Returns. While he did not for a moment assert that the system was perfect, or deny that there were cases here and there where difficulty exists, he distinctly affirmed that in nine out of 10 cases where labourers wanted allotments and where the land was suitable they could get them, and at a fair rent. He admitted that there had been a time when there had been difficulty, and even now there were such cases; but they hoped that that want would be satisfied very shortly, and the demand was not sufficiently great to justify the adoption of this Motion, which, he thought, was of a revolutionary nature, and hardly showed the ability and great common sense which usually distinguished the hon. Member for Northampton. The hon. Member invited the House, first of all, to affirm that it was the duty of landowners and occupiers to cultivate their land. It was their duty, and they had been endeavouring to carry it out. The proposal of the hon. Member was that owners and occupiers of land should be left in possession of all the good land; but that their bad land should be taken from them and handed over to an unfortunate class of people. That, in his (Mr. Long's) opinion, was a proposal very favourable to the landlord. As the hon. and learned Member for Haddington (Mr. Haldane) had pointed out it was the ratepayers who would unquestionably suffer. With regard to the question of the amount of land under cultivation of all kinds, he would point out that in England and Scotland there was an absolute increase. In Ireland, it was true, there was a decrease; but he thought that the House would hardly expect him to discuss the painful subject of how that had been brought about, inasmuch as causes other than bad times and agricultural distress had had much to do with that state of things in the Sister Isle. Last year the hon. Member for Northampton had brought in a Bill even more hostile to the landlords than his present proposals. In that Bill it had been proposed to subject the landlord to certain penalties, and the hon. Member had justified his proposition by telling the House what happened in China.
said, that while it was true that the Bill had proposed to make non-cultivation a misdemeanour, the only penalty which he imposed was compulsory expropriation.
said, that while this Resolution did not go so far as the hon. Member's Bill of last year, it went further than he thought the House would venture to go, and further than the Government would ever dream of asking them to go. The hon. Member for Northampton had referred to the case of a moor in Cornwall which had been reclaimed to a certain extent, and upon which the condition of the people was satisfactory. On the other hand, in the Agricultural Returns for 1886 hon. Members would see that in Sutherland 7,000 acres which had been brought under cultivation by the Duke of Sutherland at enormous expense and with the greatest skill and industry had gone out of cultivation, and were now classed as mountain land. In the case of the moor mentioned by the hon. Member there had been particularly favourable conditions, such as a supply of stone for building cottages.
said, that there were six inches of shale on the surface.
said, he believed that there had been stone which had proved useful for building purposes. But surely it was not enough to show that there had been one or two or three successful cases in order to justify calling upon the House to say that a man should cultivate all his land or have it taken away from him, and that the Local Authority should be saddled with the unfortunate position of being landlords. There was already great complaint as to the burden of local rates, and yet the hon. Member proposed that the ratepayers should bear the expense of experiments of this nature, merely because here and there there were to be found men who wanted allotments and could not get them. If it could be shown that the passing of a law of such a nature could reduce the poor rates and pauperism and maintain unfortunate people who had now to find their way to the workhouse, that would be a much better reason to bring before the House, though even then such a proposal would have to be approached with very great caution, but he did not believe that such a state of things would be realized. The hon. Member for Northampton had told them that even a labourer was not allowed to let his labour go to waste. What was really the case was that a man was not allowed to run away and leave his wife and children responsible to the district. As long as he took them with him he was free to do the best he could for himself. But he was authorized to say that it would be impossible for the Government to accept, and he believed it would be a long time before the House would accept, such a proposition as that of the hon. Member for Northampton. The hon. Member had warned them of what might happen. Well, it was his (Mr. Long's) hope and belief that Parliament would give its time to furthering the cause of agriculture and the products of land; but he could not believe that they would do any good to the agricultural classes or the working classes generally, who had been so frequently mentioned in the debate, by passing a Resolution of this kind, which proposed to give them the waste land of the country and call upon them to cultivate it, remembering all the time that if they failed to cultivate and loss ensued the burden would fall upon the ratepayers. For these reasons the Government could not accept the Motion.
said, he repudiated the idea that the cultivation by small holders in Sutherlandshire could not succeed, and that the land had fallen out of cultivation because it would not pay. He admitted that it did not pay the big farmers, owing to the competition of the sportsmen; but he contended that if the land were given to the small farmers, who, with their families, would labour on it, they would make it pay, and turn it into a smiling garden. There were thousands of people in Sutherlandshire who would gladly cultivate the land, and pay a fair rent for it, if they had the opportunity; but they could not compete with the Duke of Westminster, who had a gold mine here in London to work upon. There was in the Highlands a condition of affairs which was very serious. There were many men who were going about idle because they could not get the land to cultivate they wished; and there were congested districts where the people were degenerating into paupers for want of land upon which to put their labour. That was the case in Caithness as well as in Sutherland. The people were willing to pay a fair rent for the land or to buy it. Arrangements must be made in the congested districts either for these people migrating to the lands at present uncultivated, but which were cultivable, or for their emigrating.
The case referred to was a well known one, and was in no way caused by the pressure of the Duke of Westminster—it was purely the result of trying to reclaim impossible land.
said, he felt it his duty to challenge the statement of the Secretary to the Local Government Board (Mr. Long) that labourers did not want allotments. As a proof to the contrary, he would refer the hon. Gentleman to the Earl of Onslow's book on Labourers' Allotments, in order to show that the reason was that labourers who had allotments were charged a higher rent for them than the farmers were for the same quantity of land. The fact was, he said, that great landlords were guilty of the meanness of making a profit out of the thrift of the labourers, and then hon. Members came down to the House and coolly told them that labourers did not want the land.
Question put.
The House divided: —Ayes 97; Noes 173: Majority 76.—(Div. List, No. 279.) [7.15 P.M.]
Main Question, "That Mr. Speaker do now leave the Chair," again proposed.
Rural Sanitary Districts—Local Rates Assessment — Rating of Demesnes, Mansions, and Parks
Observations
, who had the following Notice on the Paper:—
"That, in the opinion of this House, the present mode of assessment for local rates of mansions, demesnes, and parks in the rural sanitary districts is based upon a principle which is radically unsound and unjust; that the Local Assessment Committees, being usually composed of persons dependent upon those whose assessments they have to revise, frequently cannot or will not raise the assessments when they should do so, while the only appeal from their decisions is to the Quarter Sessions, consisting of the owners themselves; that the lettable value is, as a rule, a purely fictitious figure, and affords no real test of the true rateable value; that as a consequence of the foregoing the wealthy owners of mansions, parks, and demesnes are enabled to evade their just share of the local burdens, which therefore fall with increased weight upon the less wealthy classes of ratepayers—namely, the farmers and shopkeepers; that in any readjustment of the burdens of local taxation it is essential to provide—(1.) For a more effective and independent authority for fixing the assessments to local rates; (2.) for a more equitable basis on which such assessments shall be made; and that with a view to such readjustment, it is desirable that a full and complete return should be made, showing amongst other particulars the capital and rateable values of such mansions, parks, and demesnes, and the proportion of local rates to which they are subject, as compared with the rating of shops and farms,"
said, he believed it was useless to try and redress the anomalies and the irregularities complained of, until the establishment of a more satisfactory system of local government in the counties. At the same time, it was not perhaps entirely useless to call the attention of the Legislature and the public to some of the grievances connected with the subject of his Amendment. He contended, as specified in his Notice, that the local assessment committees, being usually composed of persons dependent upon those whose assessments they had to revise, frequently would not, or could not, raise the assessments when they should do so, while the only appeal from their decisions was to the Quarter Sessions, of which body the owners themselves were members. The lettable value was a purely fictitious figure and afforded no real test of the true rateable value, owing to the fact that many of these mansions had never been let. Con- sequently, the great complaint was, that the wealthy owners of mansions, parts, and demesnes were enabled to evade their just share of the local burdens, which fell with increased weight upon the less wealthy class of ratepayers, such as farmers and shopkeepers in the country districts. The system of assessing these properties was as unsatisfactory as the basis of valuation was unfair. In the first place, the local assessment committee which fixed the valuation was not sufficiently independent, and those whose property was assessed had the right of appeal not to any independent and impartial tribunal, but to the owners themselves. That the evil existed there could be no doubt. It was not desirable or necessary at that moment to elaborate any new method to displace the old at the present time, and, indeed, his contention was that before they could be in a position to define what actually was necessary, assuming for the moment that they should take any practical steps at all apart from a thorough system of local government reform, there were two things it was essential to provide for—first, a more effective and independent authority for fixing the assessments to local taxation; and, second, a more equitable basis on which assessment should be made. With a view to a readjustment he contended that it was further desirable that a full and complete Return should be made, showing, among other particulars, the capital and rateable values of mansions, parks, and demesnes, and the proportion of local rates to which they were subject as compared with shops and farms. He had made application for a Return embodying some of this information; but it had been refused, and therefore he thought he was entitled to trespass upon the time of the House, and to place those facts before it. He complained incidentally that the proprietors of these great properties were not only rated much lower than they ought to be, but that when they came to reside in the country they obtained their goods from the Stores in London, and the local dealers were passed over. All he desired was, to ascertain the actual facts, and if those principally concerned were not ashamed of the present condition of things, and the way in which the law worked, then there could be no possible objection to granting such Returns, without which it was impossible to propose any definite reform. There was a great disparity between the assessment and the capital value of country mansions, and he could cite a number of cases of unequal rating as between farms and shops and large mansions and castles. For instance, Floors Castle, belonging to the Duke of Roxburghe, was assessed at £350; Drumlanrig, belonging to the Duke of Buccleuch, and Taymouth Castle, belonging to the Marquess of Breadalbane, were each assessed at £300; and Culzean, belonging to the Marquess of Ailsa, was assessed at £150. Coming to Cornwall, he would refer to the case of Carnanton, which was rated at £70, and the capital value of which he believed was something like £50,000; of Treliske, a magnificent house rated at £80; Tregothnan, rated at £300, the capital value of which was estimated at from £100,000 to £150,000; and Glendorgal, which was rated at £85, the capital value of which he believed to be about £15,000. Indeed, Lord Falmouth's house at Tregothnan afforded a good instance of the unfairness of the present system of assessment. The capital value of that mansion, as he had already said, was probably not less than £150,000; but the assessment was only £300. Why, there was a farm on his Lordship's estate, the capital value of which was about £7,000, and the assessment was actually £250, or only £50 less than that of Lord Falmouth, though the latter's house and grounds were 20 times as valuable as the farm. Lord Falmouth had recently demanded an additional £100 a-year from this farmer, who was one of the most skilful in the neighbourhood and had occupied the farm for many years. The farmer, however, preferred to leave, rather than to pay the increased rent; but if he had paid it, his assessment would no doubt have approximated still more closely to that of his landlord. He would also ask the attention of hon. Members to the injustice of the non-rating of woodlands, which if not rightly subject to permanent rating, should be made so, at least in the years when the timber was drawn away over roads maintained out of rates to which timber value did not contribute. He had received many letters from poor persons, complaining of the pressure of rates which they were obliged to pay in the rents of their small rooms, while the owners of large mansions practically escape rating. In all these matters of taxation they should seek to place the heaviest burdens upon the shoulders of those most capable of bearing them. He thought, however, he had sufficiently shown that the present basis of assessment was extremely unsatisfactory and unfair; and though he had not sufficient knowledge and experience to define with accuracy the principles on which assessments should be regulated, he would venture to suggest it would not be unfair that an assessment upon one-thirtieth, or 3 per cent on the capital value, would afford a reasonable basis and do much to remedy the enormous disproportion which existed at present. He had no wish to set class against class, or to persuade the poor that they ought to have something which belonged to the rich; but, so far as abuse and injustice existed, it was material to the social welfare of the country that the matter should be looked into with great care and little delay, in order that the growing feeling of discontent might be set at rest.
said, he thought the hon. Member for the Camborne Division of Cornwall (Mr. Conybeare) would have had more sympathy from the House if he had avoided in his Motion casting reflections upon two sets of public servants—the Local Assessment Committees and the Justices of Quarter Sessions. Such reflections, in his judgment and experience, were not deserved. The hon. Member complained that the local assessment of mansions, demesnes, and parks in several parts of the country bore no reference whatever to the capital value of the estate. Capital value in this case would mean the cost, first, of the land, and, secondly, of the buildings erected thereupon. But when they came to a question of assessment, cost was not a fair mode of proceeding to arrive at the assessable value. Not only did it not apply to the great mansions of the nobility over England and Scotland, but it did not apply in places in London and places near London, where the cost of the structure could not be allowed to be considered, and had not been considered, in the rateable value assigned to it by the Local Authority. A thing was worth just what it would fetch, and the best test of value in regard to demesnes and mansions they could have would be the fact that they were offered in the market at prices which were simply ridiculous in relation to the cost, first, of the demesne, and, secondly, of the mansion. He (Mr. Isaacs) submitted that this was not the time when a question of this character should be raised. Agricultural depression had fallen with crushing effect, not only upon the tillers, but the owners of land; and it was notorious that the grand old country mansions of the landed gentry were tenantless, simply because the owners could not afford to live in them themselves nor find tenants for them. Speaking of capital value, hon. Members must entirely obliterate from their minds, when dealing with a large mansion, any thing like the cost. The cost, in many instances, was not subject to assessment. For instance, if he were to build a mansion with Sicilian marble staircases, the Assessment Committee would make a great mistake if they thought they could get him to pay an increased assessment. It had been held that a mere architectural feature in the construction of a house was not subject to assessment; so that if they took away the architectural adornments of historic mansions, and left practically the bare walls, a totally different figure in respect of rateable value was reached from that of the original cost, which was not a fair subject for assessment. A hard-and-fast line could not be drawn; the assessment must depend on the attendant and surrounding circumstances of the object to be assessed. The ruling consideration ought to be—"What is the thing worth; what is its natural value in the open market?"
said, the Government might well be content to leave the discussion as it stood after the speech of his hon. Friend the Member for the Walworth Division of Newington (Mr. Isaacs), who had given as complete an answer as it was possible to give to the case submitted by the hon. Member for the Camborne Division of Cornwall (Mr. Conybeare.) He had no complaint to make against the hon. Member for having brought the subject before the House. It was a matter of considerable importance which had engaged the attention of Parliament more than once without leading to any practical result; and even now the hon. Member himself did not seem to be hopeful that the discussion he had initiated would be of any practical value. From the appearance of the Benches also, when the hon. Member was speaking, the House seemed to be very much of the same opinion. The hon. Member had spoken of Protection. Protection had been advocated by certain people as one of the remedies for agricultural distress; but he had never heard of the sovereign remedy which the hon. Member had brought forward as being an important factor in the solution of the question of agricultural distress. The hon. Member seemed to think that the cause of it lay in the fact, as he contended, mansions were not sufficiently rated. The heavier rating of these mansions was the hon. Member's remedy for the agricultural depression. Very few were likely to agree with him in that proposition as a remedy for agricultural distress generally, or for the fall of prices. He trusted that, in all the circumstances, the hon. Member would not think him wanting in courtesy if he did not unnecessarily prolong the discussion. He (Mr. Ritchie) was not prepared himself to say that the present mode of rating mansions was altogether satisfactory; but he was prepared to say that it had not yet been shown that any other method would be more satisfactory. It would obviously be undesirable that this kind of property should be assessed on a different principle to other kinds of property. As to the complaint that the assessments were quite out of proportion to the cost of building, the actual cost of building was an eminently unsatisfactory basis on which to rate mansions, because a very large sum might be spent on the adornment which really did not add to the letting value. Indeed, he would go so far as to say that large expenditure in building actually detracted from the letting value of a house. If mansions were assessed at anything like the cost of building the result would be that they would remain altogether unoccupied. Some of those mansions had been erected at one time or another at enormous cost, and if the hon. Member's principle of assessment were to be applied to them the result would be that the rates would be so heavy that it would be impossible for the owners or anybody else to occupy them. It would be a great misfortune if the owners were driven from the occupation of their houses by the weight of rates, and if the localities were to lose the benefit which was always derived from the presence of great landed proprietors living on their properties. The letting value of the mansion was, it seemed to him, determined by what a tenant would give for it—not by what it had cost, and great cost in structure and ornamentation would rather deter persons from taking such places than attract them. As an instance, he referred to the mansion erected by Baron Grant, which no one would buy or rent, and which had to be pulled down. He was bound to say that he felt sorry at the terms of the hon. Gentleman's Motion, which cast considerable reflection on both the Assessment Committees and Quarter Sessions. These Assessment Committees were drawn from the whole of the Union, which in many cases was very extensive, and he did not see how any case of dependence could be made out such as was suggested by the hon. Member. These bodies were not at all open to any such reflection. And what he said of the Assessment Committees he would also say of Quarter Sessions. He had never before heard it urged that there was the slightest reason to suppose that the members of Quarter Sessions were not absolutely impartial. Whatever tribunal we erected in their place, we should never get a more economical or more impartial administration for the work they had to do than the Quarter Sessions. At the same time he was prepared to admit that the Government desired to deal with this question at no great distance of time, and in a manner which he hoped would be satisfactory to the House and to the country. He wished now to say a few words with reference to the last part of the hon. Member's Motion as to the obtaining of a Return, which had appeared on the Paper for a considerable time in the name of the hon. Gentleman. He had no objection to give to the House whatever information was in the possession of the Local Government Board that was of a kind sufficiently accurate to form a guide to the deliberations of the House, or that could be given at anything like a fair cost to the country. The hon. Member had spoken of this Return as being a very simple one, but he could assure him that it was not of such a character. The hon. Member wanted to ascertain the number and names of all mansions, the assessment of which amounted to £30 and upwards. But the hon. Member did not explain what he meant by the word "mansions." He felt sure that the hon. Member must acknowledge that that at the outset presented considerable difficulty. It would be necessary to get these Returns from 10,000 parishes in the country, and the only available officers to supply the information were the overseers, who were in no way subject to the control of the Local Government Board, and who would, of course, have to be paid for their trouble. The hon. Member wanted to know the capital value of these mansions, and in order to get that information it would be necessary to employ an army of surveyors at an enormous cost. Besides, the hon. Member wanted also to ascertain the rateable value. He took it that what the hon. Member meant was that they were to ascertain, not what rates were in the books, but what the rateable value ought to be. It would be with anything but a light heart that he should enter upon such an inquiry. His own opinion was that it was desirable that the existing state of things should be inquired into locally by the local officials. The hon. Member had said that this was a matter connected with the Local Government Bill. He was getting positively alarmed at what was expected of the Board. It was expected that the Government would deal with the Licensing Laws, but the Government had never promised an absolute reform of the Licensing Laws. All that they had promised to do was to deal with the authority; they had never promised to deal with all the Licensing Laws. Then they were expected to deal with charities, and, in fact, every imaginable thing from Dan to Beersheba. He would throw out a warning to all and sundry that they must not expect every grievance under the sun to be remedied by the Local Government Board. However, the question of assessment was one which might be fairly considered in connection with that Bill, although he was afraid he could not promise to go very far upon the road indicated by the hon. Member. Yet he might fairly say that the question of assessment had not been lost sight of, and that it might be dealt with in a Local Government Bill when they had an opportunity of introducing one. He had now laid before the House all the difficulties of the case. He had told the hon. Member the reasons which had actuated him in not giving the Return. He could assure the hon. Member that the Government considered the matter as being one of importance. They did not see any better mode of assessment than that now fixed by the law. At the same time, he was always open to consider whatever suggestions might be made to him by any hon. Member with reference to this question.
said, he failed to see why people who lived in houses that cost an enormous sum of money should not bear their fair share of the rates. As long as the mansions of the country were rated at ridiculously low figures the demand would continue for a change in the principle on which the assessments were made. Under the present system the burden was very unequally distributed, and an undue portion of it was laid on the shoulders of the middle classes and the poor. He hoped that the Government would grant the inquiry for which his hon. Friend had made out so excellent a case.
Piers and Harbours (Ireland)—Harbour Accommodation in Donegal.—Observations
said, he had given Notice that he would call attention to the want of suitable pier and harbour accommodation on the western coast of Donegal, and to move—
"That it is desirable that better public provision be made in aid of the construction of piers and harbours in Western Donegal and in other parts of Ireland where the subsistence of the people derived from their ordinary agricultural pursuits is precarious."
He called attention to this matter last September, and the then Chancellor of the Exchequer (Lord Randolph Churchill) admitted that the matter was worthy of consideration and should engage the attention of Her Majesty's Government with a view to seeing what could be done. Since then, however, no steps had been taken by the Government to carry out works which were an absolute necessity. In his constituency in Western Donegal, at a place called Portnoo, a deal of money was spent by the Government in erecting a pier; but the Board of Works carried out their part in such a manner that the pier was erected in a disgraceful way—that it crumbled away, and it was now a mass of rubbish. By the expenditure of a little money a serviceable pier could be erected there. At Bunbeg harbour accommodation was greatly needed. There was abundance of fish off the coast, and if such accommodation were provided the people of these districts would be able to prosecute the fishing industry, which would open out a means of employment for large numbers of an industrious population who were at present compelled to remain inactive. The Irish Members had to bring forward these subjects again and again, and still nothing was done. He hoped to have some satisfactory answer from the Government, who had now a chance of engaging in a higher duty than that of coercing Ireland.
said, that this question had been frequently before the House, and was, no doubt, irksome to the House; but it was still more irksome to the Irish Members. A definite promise had been made last September, but nothing had been done in fulfiment of that promise. Shoals of fish passed the shores of Donegal, but the people were unable to catch them because they could not use larger boats than open yawls, in which they could not venture to go far from the land. If the harbour accommodation were improved they would be able to go to sea in large fishing smacks, and to compete with the fisherman from England, the Isle of Man, and France. The money which was spent upon improvements by the Irish Board of Works was often disgracefully mis-spent. Two piers erected by the Board at a small sea coast village in Donegal had been successively swept away, whilst the people were now taxed in respect of the large sums which were thus wasted owing to the gross incompetency of the Board of Works. The industries of Ireland had, it was well known, been ruined by British legislation, and some restitution was therefore due to the Sister Island. The Government ought not to miss the opportunity which now presented itself. At a comparatively small outlay they could provide on the sea-board renumerative em- ployment for a large section of the population.
said, he must at the outset observe that he could not hold out any great hope that the Government would be able to spend much public money in the construction of fishery harbours without the most careful preliminary consideration, and without the most satisfactory evidence that the expenditure would be justified. He might recall to the memory of hon. Members opposite that the Commission appointed last year was still pursuing its investigations. The Commissioners had quite recently made a tour of the whole Coast of Ireland, and their object was to find out what ought to be done, and how best to do it. Until that Commission had concluded its labours and issued its Report the Government could hardly be expected to make any large promises. The Government had, however, already shown that they were not blind to the claims of Donegal to improved harbour accommodation. Already, 58 works had been sanctioned in Ireland, at a total estimated expenditure of £235,089. Up to the March 31, 1886, between £80,000 and £90,000 had been spent out of a sum of £250,000 which was set aside not long ago for the construction of piers and harbours. In the Report of the Commissioners of Public Works for 1885–1886 it was pointed out that 20 out of the 58 works sanctioned were being constructed by day labour. This showed how ready the Commissioners of Public Works had been to recognize the difficulties of the particular districts to which attention had been called by hon. Members opposite. The very numerous works which were now being carried on showed that the question had not been neglected; but, as hon. Members knew, they were works which could not be carried on the whole of the year, and during a very large portion of it very little progress could be made. Then hon. Members themselves had confessed that the supply of harbours would not remove the causes of the difficulty, because the fishing was carried on by boats from England and the Isle of Man, and from time to time by French boats. He thought that hon. Members would hardly expect the Government to supply not only piers and harbours, but also boats which would live out at sea. The Government, however, were most anxious, as far as they could consistently with their duty to the taxpayers of the country, to promote the industries and the welfare of the people along the Coast of Ireland. The fact that £250,000 was to be spent was ample proof that the works were being carried on, and would not be neglected by the Government. He hoped that hon. Members, having discharged a very proper duty to their constituents in having called attention to these matters, would now allow the Government to proceed with Supply.
said, the hon. Gentleman the Secretary to the Treasury had exactly proved their case. The English and other boats to which the hon. Gentleman had referred were thorough sea-going boats because they came from ports which admitted of such vessels being used. A precedent condition of having good boats was to have harbours to which they could run in very bad weather, and that was where the Coast of Ireland was deficient. These boats were able to run considerable distances to get to a good harbour. It was not so much the unwillingness of the Government to deal with this question that they had to complain of as the obstruction and in-competency of the Irish Board of Works, who refused to do anything to repair their own blunders. There had been a great waste of public money by the Board on piers and harbours all round the Coast of Ireland, of which striking examples were the harbours of Arklow and Howth, the latter of which was the greatest possible disgrace.
said, that they constantly heard that the Government were willing to do all they could to assist the industries of Ireland; but nothing practical ever came of these professions. He would remind the House that the miserable sum of £250,000 which had been referred to was Irish money, having been taken from the Irish Church surplus. He submitted that in the Report of the Inspectors of Fisheries there was just as much information as could be obtained by the Commission now appointed. The plea that they should wait for the Report of the Commission was advanced nine months ago; but it need not apply to Howth Harbour, in which he was particularly interested, and in which the right hon. and gallant Gentleman (Colonel King-Harman) once professed himself specially interested. With regard to that harbour, the Inspectors of Fisheries had reported after a sworn inquiry held on 20th October last. At that inquiry Judge Boyd was examined, a gentleman who, he thought, was open to severe criticism in some matters, but who certainly, to his credit, had always displayed during his residence at Howth the liveliest and most practical interest in the condition of the fishermen. Judge Boyd said that in certain parts of the harbour at low tide there were only five and a half feet of water, though the ordinary fishing boats drew at least eight feet, and these boats were, consequently, obliged to wait for the tide. The condition of the harbour prevented the entrance of the English steamers carrying buyers. This lowered the price of fish, and was a most direct injury to the fishermen. All that was wanted for the purpose of making Howth Harbour fit for its purpose was £5,000. He warned the Government that if they continued to ignore these practical grievances they would find the fishermen, who now pursued their avocation without giving any trouble, organizing themselves into a fishermen's league.
said, he did not think that the fishermen's league with which they were now threatened would have much effect in preventing the winds and waves silting up Howth Harbour. He was willing to acknowledge that the people of Howth had somewhat to complain of in the way in which their harbour had been neglected; but he had not heard that they had done anything to help themselves.
Does the right hon. and gallant Gentleman mean that these poor fishermen should make the harbour themselves?
No; but there were hundreds of wealthy men in Howth, as well as poor fishermen, some of whom had given evidence before the Commission. He did not deny that it might be easy to find blots here and there in the action of the Board of Works; but he submitted that that Board had not been remiss in looking after the piers and harbours of Ireland. A large sum of money had been ex pended in aid of piers and harbours, and a large sum still remained to be expended. Hon. Members spoke as if all this aid had been rendered in the past, and that nothing was to be done in the future. But the previous day a promis was made that a certain sum of money would be expended on the completion of piers and harbours in the West of Ireland. This was a proof that the Government were not lacking in attention to this subject. As the Commission had not yet furnished the Government with its Report and with the information necessary to lay the details before the House, it was impossible for him to say more than that the Government were aware of the fact that a sufficient number of harbour works had been left in an incomplete condition, and that a sum of money would be voted in order to enable them to be completed.
said, he hoped the Government would not complete the piers and harbours in the West of Ireland. In his opinion, it would be far wiser to throw the money into the sea at once, or give it to some charitable institution. The best way of spending the money was to knock down the incomplete piers and reconstruct them where there was water, because most of those harbours were quite dry at low water; in some cases there was too little water at the piers for rowing boats. The only wealthy man at Howth who gave evidence before the Commission was Judge Boyd, who could not be expected to do as the Under Secretary suggested the Howth people should do—namely, make the harbour themselves. It should be remembered that in 1865 there was nine feet of water at low tide and steamers could come in, but the Government destroyed the harbour by their interference. They ended by sinking a dredger in Howth Harbour, and then they levied a toll of 10 s. a head on each vessel that came into it. A breakwater was also constructed by the Board of Works at Howth Harbour; but it was so carried out that it was practically useless, and refuse silted up to the mouth of the harbour without any hindrance. Instead of the water inside the breakwater being about eight feet deep, they could walk across two-thirds of it at low tide. Now, the smallest smacks which it would be practicable to engage in fishing were about 25 tons burden, and these would draw from eight to nine feet of water, so that during a most dangerous gale these fishing smaks would not be able to get into the harbour unless they happened to strike it at half tide, and the consequence would be that they would have to ride outside on a very dangerous coast for seven or eight hours. That was the result of the expenditure of money by the Board of Works. The toll of 10 s. a head on every vessel had proved actually ruinous; it had prevented English or other vessels coming into Howth, and the people, owing to their being taxed for the money expended already, were now in a very impoverished condition. Judge Boyd, who had resided in Howth for a good number of years, had been compelled to take his yacht out of the place, because he could not get her in and out of the harbour except at full tide. He hoped the Government would not spend a single penny on the work, as the money would be recklessly expended, and an almost starving people would be further taxed owing to the mismanagement of those who would be employed in the superintendence of the work.
said, he thought it was due to the House that the Government should give some explanation as to the sum to be spent on the piers and harbours in the West of Ireland. The Government said they were waiting for the Report of the Commission; but his experience of Commissioners was that they served as an excuse for the Government delaying its ordinary work. In his opinion the Government had not a single penny at their disposal to devote to the work of providing harbour accommodation, and that was the reason the Secretary to the Treasury had given the answer he had done. It was the duty of the Irish Members to insist that their representations should be listened to, and it was worth while to continue that discussion the whole of the evening in order to get some satisfactory statement from the Government.
said, that the same curse of incapacity followed the expenditure of all public moneys in Ireland. In Bantry Bay a comparatively small expenditure would do much to improve the harbour if rocks were blasted and other impediments to navigation removed. The £250,000 which it was said had been voted for the harbour and pier improvements was really the money of the Irish people, of which they ought to have the spending. But it was not really the intention of the Government to do anything, and no good result was ever derived from the numerous Royal Commissions which had been appointed.
said, that since 1853 the taxation of Ireland had been increased more than £3,000,000 a-year without any substantial advantage being conferred on Ireland in return for that additional expenditure. What the Irish Members complained of was that there had been no intelligent and scientific inquiry made into the works which were undertaken with regard to harbours.
Main Question, "That Mr. Speaker do now leave the Chair," put, and negatived.
Criminal Law (Scotland) Procedure [Consolidated Fund]
Committee
Considered in Committee.
(In the Committee.)
Motion made, and Question proposed,
"That it is expedient to authorise the payment, out of the Consolidated Fund of the United Kingdom, of increased Salaries to the Lord Justice General, the Lord Justice Clerk, and the Lords of Session of the Justiciary Courts in Scotland, in pursuance of any Act of the present Session to simplify and amend the Criminal Law of Scotland and its procedure, and to alter the Constitution of the Justiciary and Sheriff Courts in Scotland."—( Mr. J. H. A. Macdonald. )
Before we agree to this Resolution, perhaps the Lord Advocate can shortly explain the reasons for it? I believe it amounts to raising the salaries of Scotch Judges, but the Committee should be satisfied that it is justifiable.
The Royal Commission of 1867 unanimously recommended that the salaries of Scotch Judges, which were lower at that time and which are still lower than the salaries of Judges in England and Ireland, should be reconsidered. The matter has stood over for a considerable time, as such matters involving an increase of salary to anybody usually do, while meantime the expense of living and everything else have steadily increased. Proposals are now made by which the emoluments of Scotch Judges will not even be brought up to an equality with the emoluments of the Irish Judges, which I think I am right in saying is a salary of £3,500 a-year, in addition to which they draw allowances of £500 a-year more. The proposal of this clause is to fix the salaries of Scotch Judges at £3,600 a-year, but to give them no allowances at all for Circuit expenses. At present the Judges who do criminal work have £500 for expenses, and have drawn as much as £526 per annum. It is now proposed that all Judges shall do Justiciary work. The Lord Justice Clerk, who goes two Circuits, has a salary of £4,500, and allowances the same as the other Judges. It is now proposed to increase his salary by £300 a-year, and there will be no allowances for Circuit expenses. The Lord Justice General, who does not usually go on Circuit, has a salary of £4,800, and he had allowances of £200 if he should go on a Circuit. It is now proposed to give him the same salary as is given to Puisne Judges in England—namely, £5,000 a-year, and should he on any occasion go on Circuit there will be no further allowance. I may add that I should not have made these proposals had I not been able to satisfy the Treasury that by the Procedure Bill such economies would be affected that not only would there be no fresh burdens imposed upon the State by this reasonable increase in the Judges salaries, but in addition there would be an annual saving.
I cannot help thinking this statement of the Lord Advocate is very unsatisfactory. As I understand it, there is to be an increase in the salaries of Scotch Judges, and he has informed us there is to be a considerable saving, though I do not remember that the Bill we had before us last night proposes any alterations whereby these savings are to be effected. I am the last person to desire to underpay Judges; but I do think that the salaries of Judges might, if they are to be made uniform, be reduced in Ireland and in this country. The Lord Advocate seems struck with horror at the proposal; but, as compared with other countries, the salaries are high. I should like to hear from the Lord Advocate some further and fuller explanation how the country is to be benefited by the proposals he mentions.
The hon. and learned Member must have long had in his hands the Bill in which the proposals are clearly set forth, and I made a statement on the Motion for second reading. The hon. and learned Member asks how these savings come about? They arise in this way. For a good many years there has been a custom in the Sheriff Courts of bringing up prisoners on two separate occasions. On the first occasion, if they plead guilty they are at once sentenced; but if they decline to plead guilty they are brought up again after a certain number of days. This system of two diets in the Sheriff Court saved to the State about £ 1,850 per annum. We propose to extend the same system to the Supreme Court, and there will be a saving of about the same amount of money. Then we propose by the Bill to abolish three offices, saving nearly £360 a-year on each, the offices of Clerks of the Circuit; the net saving will be, I think, £800 a-year. Various other savings will be effected in consequence of a smaller number of jurors being summoned. We also propose to effect a saving in the expenses of trumpeters, &c. on Circuit. We do not propose absolutely to abolish these ancient customs, but we shall carry them out at a much cheaper rate. I am not quite in a position at this moment to go over in detail all the particular items in the Bill that will conduce to the lessening of expenditure; but I can assure my right hon. Friend (Mr. Henry H. Fowler), who knows perfectly well the usual course of business in these matters, that we have been able to satisfy those who look after economy on behalf of the Treasury, and inquiry will show that I am correct when I say that though I cannot say exactly the amount that will be saved, it undoubtedly would be expressed in four figures.
I certainly do not attach much importance to the amount of savings, for this should not enter into the question of the payment of Scotch Judges one way or the other. The contention of the Lord Advocate is very fair that Scotch. Judges ought to be on the same footing as regards emoluments with Judges in Ireland. I only raise the question because I think the intention of the change should have full notice, and I would impress on the Financial Secretary to the Treasury the absolute necessity of a distinct Treasury Minute or Record being made of this arrangement for the abolition of allowances, or I fear that in the course of a few years application will be made for Circuit expenses on the ground that similar allowances are made in England and Ireland. I think it ought to be put on permanent record beyond all dispute that this question is now finally settled.
This is directly stipulated in the Bill itself.
We do not object to the slight increase in the salaries of Scotch Judges, because I do not think you will be able to get able advocates to take seats on the Judicial Bench without adequate salaries. To place them in a position equal to Irish Judges is only fair towards Scotland, especially as the Lord Advocate says a considerable saving will be secured by the change in procedure.
One question I should like to have answered. What increase, if any, is to be made in the annual payment by the State of the allowances to Scotch Judges; what increase in the total sum?
Question put, and agreed to.
Resolved, That it is expedient to authorise the payment, out of the Consolidated Fund of the United Kingdom, of increased Salaries to the Lord Justice General, the Lord Justice Clerk, and the Lords of Session of the Justiciary Courts in Scotland, in pursuance of any Act of the present Session to simplify and amend the Criminal Law of Scotland and its procedure, and to alter the Constitution of the Justiciary and Sheriff Courts in Scotland.
Resolution to be reported upon Monday next.
Merchandise Marks Law Consolidation and Amendment (Re-committed) Bill.—[Bill 304.]
( Baron Henry De Worms, Mr. Attorney General, Mr. Stuart-Wortley. )
Committee
Order for Committee read.
Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."—( Baron Henry De Worms. )
I do not rise to object to this Bill, which has a useful object, and, I believe, attains that object to a considerable extent, and in a way to which no exception can be taken, and which certainly does not wish to contravene the doctrine of Free Trade. What I wish to speak about is this. As the Secretary to the Board of Trade is aware, among the few remaining manufacturing industries of Ireland that best known is the manufacture of Balbriggan hosiery. The House is aware that most of the industries of Ireland have been crushed out of existence, and I am sorry to inform the House that this particular surviving industry is also threatened with extinction owing to the fraudulent use of the word "Balbriggan" by other manufacturers than those who reside in that locality. I do not wish to allude to any manufacturer in particular; I will only say that by the use of the word Balbriggan for fabrics of inferior manufacture the reputation of the true Balbriggan hosiery has been greatly injured, and unless some steps are taken for its protection I fear it will be extinguished outright. I have been told by one of the principal Balbriggan manufacturers that he is afraid he must shut up his factory in six months from this date. Now this, in the present state of Ireland, would be a serious matter, and the question I rise to ask is this—I have not read the evidence given before the Select Committee to whom this Bill was sent for consideration, and I have not seen the Amendments made; but I wish to ask has this question of Balbriggan trade been considered in Committee; and, if so, whether any effectual steps have been proposed, or Amendments inserted in the Bill, calculated to carry out the object I have in view? I have no intention whatever of obstructing the Bill; but I ask this question so that I may know whether it will be necessary for me, or some other Irish Member, to move an Amendment for the purpose I have indicated. I may observe that the Bill has not been reprinted, and it may be necessary to postpone further consideration, unless it can be circulated to-morrow, or early on Monday. Obviously, it would not be possible for us, in a matter of this kind, involving legal questions, to draft, in a few minutes, the Amendment we might think necessary. I am sure, from the attitude of the hon. Gentleman, he will take a reasonable course, and give me the information I now ask for.
In reply to the question of the hon. Member, I am glad to be able to assure him that the subject of the Balbriggan trade was considered by the Select Committee, as he will find from the evidence; and he will find that, under Clause 3, it is clearly set forth that any imitation of a registered title would come within the penalties imposed by the Bill; and, further, there is a definition of what I may call generic names, by which any industry is qualified to have its origin fixed by the name of a particular place, and this was specially inserted to meet cases similar to that of Balbriggan. If the hon. Member will accept my assurance, when he comes to see the Bill he will bear me out in the statement that we have had special regard to preventing, as far as we could, the use of any name falsely indicating the place of origin of any manufacture. I may add that I hope the Bill will be in the bands of Members to-morrow; it is printed, and will be, I believe, circulated to-morrow morning. I trust, when the hon. Member reads the carefully considered clause to which I refer, and also the definition of what I have called generic names, and which was assented to by every Member of the Committee, he will not think it necessary to introduce any Amendments, for the clause will meet every case of the fraudulent use of names.
I just wish to ask whether, in the Bill, provision is made to protect an industry which is of some importance in the Midland Counties? I mean the manufacture of hand-made stockings. Of course, the title is not absolutely correct in the literal sense of the word—the goods are made on frames worked by hand. The public are aware that these stockings, made on hand-looms, are much more durable and comfortable than those made on frames worked by steam, and they, therefore, command a great sale. It would be satisfactory to know if under the Bill it is possible to protect these goods against the competition of steam-made stockings sold under the name of hand-made. I am perfectly well aware that steam frames can be brought to great perfection, equal to the hand frames; but still it is not right that an article of one kind should be known and sold under the name and reputation secured by another.
As my name is on the back of the Bill, perhaps I may be allowed to say that the Act of 1862 contained no words aimed at misdescription of the mode of manufacture, but the present Bill does. The present Bill, therefore, does provide against the use of words or marks recommending goods not actually so made as being made by hand.
I wish to observe that it will afford us but very little time for consideration if we only get the Bill to-morrow. I believe the Committee have made drastic alterations in the law; and some of us would like to give it earnest consideration before the Bill passes this stage.
As one of the Committee, I may say that in considering the Bill the Committee used the greatest exertions to make it practicable, as far as possible, for putting down fraud, in every shape. Of course, it was utterly impossible to refer to every special case—Balbriggan or any other manufacturer; but the utmost care was taken to make its general principles applicable to every case. I do not think that any hon. Member interested in any particular industry will have any great cause to complain when he sees the Bill in print. I understand that the intention now is merely to get the Speaker out of the Chair, and then to allow a couple of days to elapse before the Bill is passed through Committee; and in that way hon. Gentlemen who have the interest of any particular industry at heart will have the opportunity of preparing particular Amendments to carry out their views. But the Bill has been considered so carefully—I do not say it is perfect—that I think hon. Members will have considerable difficulty in proposing Amendments that will make it more clearly effective for its purpose.
If there is a desire on the part of hon. Members for further time for discussion upon this Bill, we will not object to postpone the present stage. It is the present intention of the Government to proceed with the Bill on Monday, and we shall do that unless hon. Members desire a further postponement.
I am anxious that we should proceed as soon as possible with the Bill; but I would ask that the Government should consider whether Clause 3 sufficiently covers the cases which have been mentioned. I am afraid that under it the marking of goods as "Balbriggan," which are not really manufactured in Balbriggan, will not be considered as fraudulent. I trust the Government will come down on Monday, and make some statement as to their opinion of the law on the subject. If they do that, I do not see why we should not go on with the Bill on Monday night.
It seems to me that we are venturing upon very risky ground, and I do not see that the locality from which I come will be beneficially affected by entering goods by the name of the localities where they are produced. Bradford is the centre of a very large munufacturing district—the district in which they make what is known as "Bradford goods," a term very well known throughout the Kingdom. On the other hand, however, these identical goods are made in Norwich and parts of Lancashire and elsewhere, and enjoy, even when coming from those places, the name of "Bradford goods." My hon. Friend (Mr. Chance) wishes to protect particular kinds of goods which bear the name of the localities in which they originated. I am afraid, if we introduce such grandmotherly legislation as this, we should be doing that which would involve us in litigation and complications to which there would be no end whatever. As to the suggestion that when an article bearing a certain name is manufactured by hand it shall be fraudulent to put in the market an article bearing the same name manufactured by machinery, it is admitted now that the goods which used to be manufactured by hand are not now so manufactured. The only difference between the small industries in some districts and the large industries in other districts is that, in the one case, steam power is largely used, and in the other case hand power is used. I look with suspicion upon legislation of this kind. Whatever protection can be given to the purchaser ought to be given. But if we attempt to regard all these small claims on the part of the various centres of manufacture in the country, I am afraid we are entering upon a course which must signally fail.
Perhaps the hon. Member opposite does not gather what the object of this Bill is. The Act of 1862 did not work well. It was thought that the procedure should be revised; therefore the matter was referred to a Select Committee. It is sought to prevent fraudulent descriptions; to impose restrictions as to fraudulent descriptions and trade marks, and to meet cases which would not be met by the Act of 1862. There has not been the slightest idea of interfering with any well-known trade description of goods. Such descriptions were preserved in the Act of 1862, and are preserved in the present Bill; and, certainly, "Bradford goods," "Leghorn hats," "Paris boots," &c, will remain as they are.
And "Balbriggan hose?"
Yes.
Question put, and agreed to.
Bill considered in Committee; Committee report Progress; to sit again upon Monday next.
Motion
Adjournment of the House
Having regard to the general arrangement of the Business of the House, I think it would be well for us to now adjourn. I do not know whether the Government will agree to it, but I will now move the adjournment of the House. I would take this opportunity of asking the right hon. Gentleman the Leader of the House whether he has come to any definite decision as to the day when the third reading of the Criminal Law Amendment Bill will be taken?
Motion made, and Question proposed, "That this House do now adjourn."—( Mr. Henry H. Fowler. )
I will not oppose what I believe to be the general wish of the House that it should now adjourn. In answer to the question just put, I would remind the right hon. Gentleman that I announced yesterday that the Government propose to take the third reading of the Crimes Bill on Tuesday. I had hoped that the Land Bill might have been in possession of hon. Members on Monday; but I find that it will not be read a third time in the House of Lords until Monday, and, therefore, it cannot be in the hands of Members until Tuesday morning. It will be read a first time pro formâ on Monday, and circulated the first thing on Tuesday morning. I hope that this is a sufficient fulfilment of the pledge I gave to the House. If hon. Gentlemen object to this view, I wish them to reserve the expression of their objections until Monday, when I propose to make a Motion in regard to further facilities for the conduct of Public Business with respect to Supply, and the conduct also of the Land Bill and other Business which remains to be considered. If hon. and right hon. Gentlemen are then of opinion that further delay is necessary for the consideration of the Criminal Law Amendment Bill, I wish, in the circumstances of the case, to meet their views as far as possible; but only on the understanding that the House will be content that the Government should make the best use of the interval which must elapse for Supply, which is greatly in arrear, and which, in the public interest, ought to be considered by the House.
Question put, and agreed to.
House adjourned at five minutes after Twelve o'clock till Monday next.