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Commons Chamber

Volume 114: debated on Tuesday 4 November 1902

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House Of Commons

Tuesday, 4th November, 1902.

The House met at Two of the Clock.

Unopposed Private Bill Business

Water Provisional Order Bill

As amended, considered; to be read the third time tomorrow.

Osborne Estate Bill

Ordered, That the Examiners of Petitions for Private Bills do examine the Osborne Estate Bill with respect to compliance with the Standing Orders relative to Private Bills.— (Mr. Chancellor of the Exchequer.)

Petitions

Canadian Cattle (Importation)

Petitions for abolition of restrictions: from Leek; Whitby; Langholm; Kirkconnel; Thornlie Bank; Haworth; Felling; Rishton; and Pickering; to lie upon the Table.

Education (England And Wales) Bill

Petitions against: from Haslingden; and Orkney; to lie upon the Table.

Education (England And Wales) Bill

Petitions for alteration: from Langholm; Leek; Kirkconnel; Haworth; Felling; Pickering; and Whitby; to lie upon the Table.

Education (England And Wales) Bill

Petitions in favour: from Worcester; West Ilsley; Woodgreen; Southampton; and Warrington; to lie upon the Table.

Local Government (Ireland) (No 2) Bill

Petition from Dublin, for alteration; to lie upon the Table.

Prevention Of Corruption In Trade

Petitions for legislation: from Leek; Langholm; Kirkconnel; Haworth; Felling; Rishton; Whitby; and Pickering; to lie upon the Table.

Sale Of Intoxicating Liquors On Sunday Bill

Petitions in favour: from Manchester; and Park Road; to lie upon the Table.

Returns, Reports, Etc

Trade Unions

Copy presented, of Report by the Chief Labour Correspondent of the Board of Trade on Trade Unions in 1901, with Comparative Statistics for 1892–1900 [by Command]; to lie upon the Table.

Questions And Answers Circulated With The Votes

Importation Of Basic Slag

To ask the President of the Board of Agriculture whether he is aware that quantities of spurious basic slag have been imported recently into the United Kingdom; that a foreigner has been apprehended on a charge of alleged fraud in connection with these importations and committed to take his trial in London; whether he will watch these proceedings in the interest of his Department and take steps, and, if so, what steps, to prevent farmers being imposed upon by this article, sold as containing a percentage of phosphoric acid much in excess of the actual facts.(Answered by Mr. Hanbury.) My attention has been directed to the case referred to in this Question, which apparently relates to a recent prosecution at the Mansion House in which an agent living in Brussels was charged with selling under a false warranty two cargoes of inferior basic slag. The defendant was committed for trial on the 3rd inst. I shall continue to watch this case. I have directed our inspectors' attention to the prosecution in order that they may bring the matter to the notice of the local authorities they visit, and have also communicated the particulars in our possession to the Irish Department of Agriculture, as it is understood that the greater portion of the consignments in question have been sold to dealers in that country.

Licensing Act, 1902—Police Assistance To Publicans

To ask the Secretary of State for the Home Department whether, as promised, a circular pointing out to the police their duties in assisting publicans to keep the law has yet been issued. (Answered by Mr. Secretary Akers-Douglas.) I understand that the hon. Member has in mind a promise given by my right hon. friend, the present Chancellor of the Exchequer, with special reference to Section 4 of the Licensing Act, 1902. In pursuance of that promise, I have inserted in one of the circulars which I am about to issue on the Act a paragraph pointing out that the police should of course continue to assist licence-holders in keeping the law by warning the person in charge of the premises if they see a drunken person entering them, and by helping, at the request of the licence-holder or his agent, to expel from the premises any person who is drunk, quarrelsome, or disorderly.

Sale Of Old Brass Work From London Bridge

To ask the hon. Member for North Huntingdonshire, as representing the First Commissioner of Works, whether he is aware that the whole of the cast bronze scroll work lamps on London Bridge are advertised for sale; whether these lamps were made from French guns captured during the Peninsular war: and, if so, whether he will consider the propriety of securing them for use in suitable places under the control of the Department. (Answered by Mr. Ailwyn Fellowes.) Inquiry shows that the lamps in question have been temporarily withdrawn from sale; so far as can be ascertained from the authorities concerned with the widening of the bridge, there is nothing to show that the lamps were made from French guns captured during the Peninsular war. The sale or retention of the lamps is a matter with which the City of London is concerned; the Office of Works has no jurisdiction whatever.

Naval Construction—Armour Plate Contracts

To ask the Secretary to the Admiralty whether specifications have yet been issued for the armour required for any of the battleships or cruisers included within the programme of the current financial year. (Answered by Mr. Arnold-Forster.) Specifications are being prepared for the armour which will be required for the battleships and cruisers included in the programme of the current financial year. Specifications will shortly be issued with tenders for the armour. No specifications for armour have yet been issued.

Ireland—Defaulting Tenants On The Dillon Estate

To ask the Chief Secretary to the Lord Lieutenant of Ireland whether any of the purchasing occupiers on the Dillon Estate have failed to pay instalments of their purchase money when due; and, if so, what proportion of the total number have so failed, and what action is being taken by the Congested Districts Board to recover the amounts so overdue. (Answered by Mr. Wyndham.) None of the tenants on this property, to whom advances have been made by the Land Commission for the purchase of their holdings, are in arrear with their payments to the Commission, except in two cases where the sum due, representing interest on the advances, amounts to 1s. 10d. The Question probably refers to the non-payment of the rent due to the Congested Districts Board. Out of the 4,191 tenants on the estate, the number who have not vet paid the rents and arrears due on 1st November, 1901, is ninety-seven. Proceedings are being taken in all these cases.

All Hallows Church, City—Union Of Benefices Act

To ask the hon. Member for West Salford, as representing the Ecclesiastical Commissioners, whether the vacancy of All Hallows, Lombard Street, has been brought to his knowledge; and if the Commissioners will take steps to secure the appointment of the necessary Commission, under the Union of Benefices Act, to amalgamate one or more of the three parishes in Lombard Street within the City of London. (Answered by Mr. Lees Knowles.) The initial proceedings under the Union of Benefices Act have to be taken by the Bishop of London. When the proposal, with the necessary assents, reaches the Ecclesiastical Commissioners, they will, I feel sure, do all in their power to facilitate an amalgamation.

(215) Questions In The House

South Africa—Loans To Boers

I beg to ask the Secretary of State for the Colonies whether loans granted to the Boers in the Harrismith district of South Africa are partly in money and partly in kind; if so, will he state what value is placed respectively on oxen and mules thus supplied; are the animals submitted to examination by a veterinary surgeon prior to the transaction being completed, and is a warranty given that they are sound.

I have asked the Governor, by telegraph, for the information desired by the hon. Member, but have not yet received his reply.

Armour For New Cruisers

*

I beg to ask the Secretary to the Admiralty when the orders for armour were placed and the manufacture commenced of the armour which was required for the armoured cruisers of the 1901 programme.

The armour for the six new armoured cruisers of the 1901–02 programme was provisionally ordered on the 12th August last, and the orders were confirmed on the 3rd September. The manufacture of the armour was immediately commenced by the armour plate makers.

India And The Government's Military Proposals

I beg to ask the Secretary of State for India whether it is possible to circulate, before the discussion on the Indian Finance Accounts, either the whole or the earlier portion of the papers containing the observations of the Viceroy and the members of his Council on the military proposals of His Majesty's Government communicated to them and to the House of Commons in February last.

*

I am afraid that the despatch I have bean awaiting from India has not yet arrived, and until I get it, it would not be possible to publish the other Papers.

British Influence In The Yangtsze Valley

I beg to ask the Under Secretary of State for Foreign Affairs what is the degree of influence now claimed by His Majesty's Government over the Yangtsze Valley.

The general position of His Majesty's Government with regard to the Yangtsze region has been often stated and has undergone no change. It seems scarcely possible or desirable to deal with the matter by means of Question and Answer. I propose, however, on an early date to lay Papers relating to the evacuation of Shanghai; the hon. Member will find in them information bearing upon the point which he has raised.

Metropolitan Police Perjury

I beg to ask the Secretary of State for the Home Department whether he can state what other reasons, besides the use of unnecessary violence, induced the authorities to dismiss a second constable from the Metropolitan Police Force in connection with the case of ex-Constable Rolls; and whether the second constable was implicated in corroborating the false charge brought against Wheelerbread by ex-Constable Rolls.

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
(Mr. AKERS DOUGLAS, Kent, St. Augustine's)

The second constable, when questioned by his superior officers at the police station, corroborated Rolls in a statement which was afterwards proved to be false.

North Sea Fisheries Investigation

I beg to ask the President of the Board of Trade, in view of the fact that, under the International Scheme for North Sea Fisheries Investigation, the annual sum of £4,800 will be required for the maintenance of the central organisation of Copenhagen, and that Great Britain, Germany, and Russia will each contribute £1,250, and other countries £262 10s., will he indicate the names of these other countries; and will he state whether all the Powers, signatories of the North Sea Convention, were invited to contribute.

It is proposed that £262 10s. towards the maintenance of the Central Fishery Organisation at Copenhagen shall be paid by Denmark, Holland, Sweden, Norway and Finland. The Powers who were parties to the Convention were Great Britain, Germany, Belgium, Denmark, France and the Netherlands. France and Belgium were not invited by Sweden to take part in the first Fishery Conference at Stockholm but have since been asked to participate in the investigations. I understand that France has declined the invitation, and Belgium has the matter under consideration.

Canadian Exports Of Pig Iron And Steel

I beg to ask the President of the Board of Trade whether he will state the rate of the bounty paid by Canada on the export of pig iron and steel, and the quantity of this bounty-fed iron and steel imported into this country during the last two years.

I know of no bounties on the export of Canadian pig iron and steel. Bounties are given on the production of pig iron and of steel ingots and puddled iron bars made from such pig iron. Up to April, 1902, the rates were $3 per ton of 2,000 lbs., except on pig iron produced from foreign ores which received $2. Between 1902 and 1907 the bounties are subject to continuous reduction, and the rates at present payable are 90 per cent. of those ,quoted above. The quantity of Canadian pig iron exported to this country in the years 1900–1901 was 1,603 tons. The corresponding total for 1901–1902 is provisionally stated as 100,519 tons. The Canadian accounts do not separately distinguish the exports either of steel ingots or puddled iron bars.

Have the Government any intention of imposing countervailing duties for the protection of our manufactures against this bounty-fed iron and steel?

Workhouse Nursing Staffs

I beg to ask the President of the Local Government Board whether the Committee appointed to inquire into the differences alleged to exist between masters and matrons of English workhouses on the one hand, and the nursing staffs on the other, is still pursuing its investigations; has the inquiry concluded; and, if so, what is the result; if not concluded, can he say when it is likely to be brought to a close.

The Committee appointed by me with reference to the nursing of the sick poor in workhouses have concluded their inquiry, and I understand I shall receive their Report very shortly.

School Building Grants

I beg to ask the Secretary to the Board of Education whether any regulations, in addition to those contained in the Revised Code of 1870 and other Codes, have been made by the Education Department with respect to the use of schools which have been aided by building grants.

By Regulations of the Board of Education such schools can only be transferred to School Boards under Section 23 of the Elementary Education Act, 1870, and the Board of Education refuse to pay annual grants to a School Board on account of such a school till this condition has been satisfied. Under the same Regulations a School Board may not pay any consideration (whether price or rent) for a school so transferred, except a strictly nominal one. The Regulations in the Code of 1870, to which the hon. Member refers, relate to the conditions on which building grants were made and not to the use of schools aided by such grants.

But are applicants for building grants required to give any undertaking to maintain the efficiency of the schools, and what provision is there for dealing with cases of failure to do so?

The Regulations contain certain requirements as to the maintenance of efficiency. I have not them before me just now, but if the hon. Member will give notice I will obtain the information.

Highland Deer Forests—Glastullich Farm

I beg to ask the Lord Advocate whether the Secretary for Scotland is aware that the greater part of the grazing farm of Glastullich, at Lochbroom, Ross-shire, is about to be added to the deer forest of Rhidorroch; and, in view of the extension of deer forests in the Highlands, will the Government consider the advisability of introducing legislation to prevent land suitable for occupation by the people being converted into deer forest.

*

The farm of Glastullich has lately been broken up and a large portion granted by the proprietor as an extension of holdings to five neighbouring crofter townships. The Secretary for Scotland has no reason to suppose that addition of the remainder to the deer forest of Rhidorrioch will prejudicially affect the economic condition of the district, and does not contemplate legislation in the direction suggested.

Scottish Congested Districts Return

I beg to ask the Lord Advocate whether the Secretary for Scotland will grant the Return on the Paper relative to congested districts (Scotland). †

*

The Secretary for Scotland would not be prepared to grant the Return in the form suggested by the hon. Member, which would offer difficulties in preparation, owing to many of the congested districts not being conterminous with parishes and for other reasons. If the hon. Member will inform me of his object in asking for the Return, I will consider whether it is possible substantially to meet his wishes.

Is the right hon. Gentleman aware that a precisely similar Return was granted to an Irish Member now in gaol?

Illegal Trawling In Scottish Waters— Additional Cruisers

I beg to ask the Lord Advocate, whether the Secretary for Scotland is now prepared to add to the number of cruisers at the disposal of the Scottish Fishery Board for the protection of the interests of the line fishermen against the operations of illegal trawlers.

† The Return was as follows:—Congested Districts (Scotland),—Return giving the population (1891 and 1901) and valuation, according to parishes, of the various districts scheduled as congested in Scotland, the Poor Rate assessment for each parish, and the number of tenants with rentals under £4, in the following form:—

County.Parish.Population, 1891.Population, 1901.Valuation.Poor Rate in £.Number of tenants with rentals under £4.

*

The funds at the disposal of the Fishery Board do not at present admit of any addition to their fleet of cruisers.

Is the right hon. Gentleman aware that the Conservative candidate for Orkney and Shetland bitterly complains of the inadequate number of cruisers round the coast?

No answer was returned.

Colonel Finch's Coonagh Property

*

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland what steps have been taken to sell to the tenants, under the fortieth section of the Land Act of 1896, the property owned by Colonel Finch at Coonagh, near Limerick City; and in what state do the negotiations now stand.

The Order of the Land Judge declaring the tenants of this property to be the purchasers of their holdings, was lodged with the Land Commission on Wednesday last. The sales will be closed in a few days.

Maintenance Of The Deaf And Dumb In Ireland

*

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether it is the intention of the Government to give effect to the Report of the Royal Commission of 1888, to have the maintenance and education of the deaf and dumb and blind in Ireland made an Imperial charge, and not a tax on the Irish ratepayers.

I must refer to my reply to the similar Question addressed to me on the 10th July last by the hon. Member for the College Green Division of Dublin.†

But this is an original Question, and I do not claim any copyright in my Questions.

Dublin Custom House Steps—Begging By Nuns

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that on pay days in Custom House, Dublin, nuns are allowed to go from desk to desk begging alms; and whether he intends putting a stop to the practice.

I am informed that the alleged practice does not exist in any of the Departments located in the Custom House. It appears, however, that in the Department of the Collector of Customs the nuns of the Order of the Little Sisters of the Poor have visited the Office from time to time to receive alms voluntarily contributed to their charity, but that they have never solicited alms, nor have they acted in the manner suggested in the Question. I understand that an official formerly employed in this Department is at present under the care of these nuns.

Is the right hon. Gentleman aware that the employees complain of this practice?

*

When does the right hon. Gentleman propose to re-enact the penal laws in Ireland against priests and nuns?

I am not aware of what the hon. Member for South Belfast alleges. I understand that there is no solicitation for alms.

Monaghan Police

I beg to ask the Chief Secretary to the Lord Lieutenant of

† See (4) Debates cx., 1378.
Ireland if he will state the number of constables of the Royal Irish Constabulary doing town duty in Monaghan, and to what particular denomination do they separately belong.

Eleven constables, of whom ten are Roman Catholics and one is a Protestant.

*

Irish Police And Freemasonry

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that District Inspector Tyson, of the Royal Irish Constabulary Depot, recently delivered a speech to the men under his charge denouncing freemasonry; and whether such speeches from a public officer will be allowed in future.

Mr. Tyson has been a freemason for thirty years. He made no such speech.

Irish Affairs—Nationalist Demand For A General Discussion

I beg to ask the First Lord of the Treasury whether he can now state if he is prepared to give a day for the discussion of Irish affairs, in view of the new circumstances which have arisen affecting that country.

THE PRIME MINISTER AND FIRST LORD OF THE TREASURY
(Mr. A. J. BALFOUR, Manchester, E.)

No, Sir, I have nothing to add to the answer which I have given on several occasions to similar Questions.

I wish to bring back those poor "Exiles of Erin" to the Nationalist Benches. Last night there were more than enough outside on the shelf to defeat the Government, and I want to bring them back.

London Water Bill

I wish to ask the Prime Minister whether it is worth while to continue printing every day the Amendments to the London Water Bill, seeing that that measure is not to be taken until the Education Bill has passed through Committee.

Will the right hon. Gentleman relieve our anxiety on the subject as soon as he can? It is a very troublesome question.

Education (England And Wales) Bill

Considered in Committee.

(In the Committee).

[Mr. J. W. LOWTHER (Cumberland, Penrith) in the Chair.]

Clause 10:—

(2.30.)

moved an Amendment providing that the Board of Education should "without unnecessary delay" determine in case of dispute whether a school was necessary or not. He said he had taken the words which he proposed to insert from the Scottish Education Act, but he might remind the Committee that in the English Act of 1870 the phrase used was "with due despatch."

*

said that on the preceding night an Amendment to which some hon. Members attached great importance—it was one in the name of the hon. Member for Liverpool, and dealt with the question of time—was excluded from discussion by the application of the closure. He thought it very essential that the House should have an opportunity of discussing and dividing upon the question.

said he had adopted the Scotch form, not because it was preferable, but because it seemed that anything in connection with the Scottish Act found greater favour in certain quarters.

Amendment proposed—

"In line 9, after the word 'shall' to insert the words 'without unnecessary delay.'"—(Dr. Macnamara.)

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

said that surely the Committee were not going to insert words in an Act of Parliament which would suggest that a Government Department could be guilty of unnecessary delay.

said he would have thought the word "forthwith" would have been sufficient.

Question put and agreed to.

proposed to cancel all the words of the Clause after the statement that the Board of Education should, without unnecessary delay, determine in case of dispute whether a school was necessary or not. He said the Clause provided that the Board of Education should decide under such conditions that it was inconceivable that their decision should be other than favourable to the existing managers of schools or other persons, as against the I local education authority. It was difficult in dealing with the Bill not to believe that the want of good faith so frequently disclosed was intentional; of course he was ready to recognise that the conditions imposed on the Board of Education were not really understood at the time they were inserted in the Clause, but as he had said, it was difficult to believe it, because when they came to consider the conditions one by one, they found that the hands of the Board were absolutely tied in coming to a conclusion between the local education authority and the managers. The first condition was that the Board of Education should have regard to the interest of secular instruction. That looked fair, but as a matter of fact, although the local education authority might urge that the interests of secular instruction would be damaged by a new non-provided school, the denominational managers would be able to contend that secular instruction would not be damaged by their school, as the local education authority had absolute control of secular instruction, and it was, therefore, immaterial from the point of view of secular instruction whether the new school was a voluntary or provided school. This first condition was, therefore, the merest pretence, and no one could conceive that the Board would, in such a case as he had suggested, give its decision in favour of the local education authority. The second point was that regard was to be paid to the wishes of the parents, who were the parties who were to go before the Board of Education. On the one side, they would have ten parents from the district served by the school put forward, probably by some society who paid their expenses, but who would speak at any rate as parents living in the district; while, on the other side, there would be the local education authority, with its head offices possibly forty miles away from the locality, and very likely the representative of the district on the authority unable to attend. Would not the judgment of the Board of Education oil this point go in favour of the ten parents or the managers as against a local education authority whose contact with parish concerns, it could be argued, was less close, and who could not put forward any better argument than the general public convenience? The third and last condition alone was obviously sufficient to put the local education authority out of Court. It was that the Board was also to have regard to the economy of the rates. Once again, who were the parties to go before the Board of Education? On the one side, there was the local education authority which was to levy the rates for the building and maintenance of the school; on the other hand, the managers of the existing school, or ten parents who would come forward with the guarantee that they would find the building. It was clear that in that case there must be economy of rates, and the decision would go against the local authority. That was not all. The author of the Bill—and he could not believe that the First Lord of the Treasury had realised the fact—had put in a final sub-Section which still further limited the discretion of the Board of Education. It was to the effect that wherever a number of persons had built a school and got thirty children to attend it, the Board was bound to recognise the institution as a public elementary school, and the local education authority could not appeal against that, provided the school was actually in existence. The right of appeal was only given when the school building was not ready. The humour of the Clause did not end there. It would be observed that the subsequent Clause did not provide any penalty if the local education authority did not act in conformity with the orders of the Board of Education, and the managers or other persons were placed in this position: If they could build their school and get thirty children to attend it for the three months that were to elapse before any appeal was to be made to the Board of Education, the local education authority was at once put out of court. An Amendment had accordingly been put down giving the Board compulsory power in the matter as against the local education authority, but not, he complained, as against the managers of an existing school or other persons. In practice the proposals of the Government would be used in certain districts to prevent the local education authority from doing its duty by making provision for elementary education in its area, while on those who objected, the managers of existing schools or other persons, there would be no enforcable duty of making good the deficiency.

Amendment proposed—

"In page 4, line 10, to leave out the words from the word 'not' to the end of the Clause."—(Mr. M'Kenna.)

Question proposed, "That the words from the word 'not,' to the first word 'to,' in line 12, stand part of the Clause."

said the hon. Gentleman suffered from the malady which he observed had attacked a great many of the critics of the Bill, who thought it was some marvellously subtle contrivance devised by wicked and unscrupulous persons, who, under the cover of very plain and apparently innocent provisions, were really bringing into operation a marvellous engine for the destruction of all that hon. Gentlemen opposite held dear. The disease appeared to have attacked a large number of hon. Gentlemen opposite, and was a very vigorous and apparently infectious malady, but he really could not see that it ought to find an exciting cause in the words to which the hon. Gentleman objected. The hon. Gentleman thought these three provisions in Clause 10 at once so plausible and so wicked that only a surgical operation which would leave nothing hut the first two lines of the Clause would satisfy him. They had laid down that the Board of Education, in determining a controversy as to whether a school was or was not necessary, should have regard to three conditions—the interest of secular instruction, the wishes of the parents as to the education of their children, and the economy of the rates. What other conditions could they possibly have put in? He was perfectly unable to understand the hon. Gentleman's point with regard to secular instruction. They heard yesterday speeches from many Hon. Gentlemen opposite complaining that the provisions of the Bill would tend to the multiplication of small schools, and that this would be injurious to the interests of secular education. Now they had put into Clause 10 a provision that the Board of Education should have regard to the interests of secular education, and they were at once denounced as unscrupulous Machiavelian legislators. It appeared to him that they had attempted to meet, and had met, the very objection of which they heard so much yesterday, and the hon. Gentleman, in common consistency, ought now to support the Government. Why were they to imagine that the Board of Education were incapable of discovering what the general views might be in the district where a new school was to be erected? Why were they to assume that the inspectors sent down by the Board of Education would be incapable of discovering the general views of the district and of corning to a rational conclusion on this not very recondite matter Then as to the provision that the Board of Education should have regard to the economy of the rates, he should have thought that was a condition that would have appealed to every hon. Gentleman on the other side. It was true it might be argued, with great and genuine force, that if the rates concerned were the rates of the whole area for which the local authority provided, that authority itself would be the best judge, until, at all events, a loan was asked for, and while the expenditure was merely out of the annual rates. But they were here concerned with a rate which fell, not on the education authority as a whole, and not on the whole area which the authority controlled, but probably with one that concerned only a relatively small portion of that area. It was quite fair, therefore, that the burden to be thrown on the ratepayers should be one of the considerations, though not the most important or vital, which ought not to be lost sight of by the Board of Education. It seemed to him that these conditions were not only desirable, but necessary. Their number certainly ought not to be diminished, for they covered the whole ground. The hon. Gentleman argued that, while a general power was given to the Education Department to compel the local authorities to do their duty under this. Act and the Act of 1870, there was no corresponding power to compel the managers of voluntary schools to do their duty. He quite agreed that it would be an abuse if persons, while saying they were ready to build a school, and that what was wanted in the district was a school suited in the main to those of their own denomination, should defer from month to month, or from year to year, under cover of that perhaps perfectly just contention, the carrying out of an obligation which the interests of the district required should be carried out without any undue delay. He thought, however, that a provision in regard to this matter need not be inserted in an Act, as power already existed in the Department. He therefore submitted that the Clause as it stood was not open to the strictures of the hon. Gentleman.

(3.0.)

suggested that only the first two lines of the Clause, providing "that the Board of Education shall determine in case of dispute whether a school is necessary or not," were necessary; all the rest was verbiage. But it seemed to have been determined that the new education authority should have practically no voice in connection with any new schools. The County Councils, which were to conduct the education of the country, were being put into a position so contemptible and humiliating that he could not conceive any self-respecting body accepting the task upon such terms, and they could not be surprised if many of these bodies could not undertake the responsibility. Let the Committee look at the conditions in Clause 10. They had declared that the local education authority were to be supreme in respect of secular education. Supposing the local education authority said a new provided school was necessary for secular education, how were they to maintain secular education if that question was sent to the Board of Education to be determined against them? The same might be said of every one of these conditions. They would see that the local education authority were a miserable, subordinate body, who had to have the whole of their actions in secular education, in rates, and in everything else at the disposal of the Board of Education. His hon. and learned friend had taken some trouble to prove that these conditions would compel the Board of Education to determine against a provided school and in favour of a denominational school. He need not have been at that trouble. Those who had listened to the discussions and had seen the animus with which this Bill had been prepared might take it for granted that this matter would go to an arbitration in which the arbitrator had already decided. He confessed that the reference of this Section to the authors of the Bill, and those who would have to administer it, showed the way the decision was likely to go. The first thing was free secular education, and if there was any colour or pretence that the control of secular education was going to be given to the local education authority, the first condition must and ought to be that the decision as to new schools for secular education should be left to the local authority alone. It should not be over-ruled by any one who could say, "Our opinion is that denominational schools are better than provided schools for providing secular education." Consider the next condition, having regard to the wishes of the parents. One of the great merits of this Bill was that it was to be administered by the local authority. Who was the best judge of the wishes of the parents in a particular locality, the Board at Whitehall or the local authority? Who possessed the best means of judging? Why was the Board of Education at Whitehall to be a netter judge of the wishes of the parents in a particular locality than the local education authority or the County Council? The County Council was put into a most contemptible position. They might be challenged on every point. They were not to be the people who were to judge whether a school was necessary or not in their own district. What would be the value of an educational authority which was not capable of forming an opinion as to whether a school was necessary or not? Then, with regard to the question of rates. Was the Secretary to the Board of Education a better judge of the question of rates than the local County Council or local education authority? It would surprise some local County Council and Borough Councils to hear that. If the hon. Gentleman had to listen to two people, one of whom proposed to build a school without any charge to the rates and the other to build a school with a charge to the rates, he would of course always decide in favour of the school which was not to be a charge on the rates. If the hon. Gentleman had to go into the question of rates he could come to no other conclusion. The First Lord of the Treasury felt that somehow or other County Councils and Borough Councils had something to do with the rates. Whether that was a recent discovery on the part of the First Lord of the Treasury he did not know. The right hon. Gentleman had tried to get out of the stringency of that difficulty by saying that the charge on the rates for building the school would be a local charge; but that the charge for the maintenance of each of these schools would be a general charge; therefore his answer to that objection had utterly and entirely failed. Then, the last condition:

"A school actually in existence shall not be considered unnecessary in which the number of scholars in average attendance as computed by the Board of Education is not less than thirty."
The Attorney General had interpreted that as meaning schools actually in existence at the time of the passing of the Act. But that was to include a school formed in the future. Anybody could get hold of a barn, which was what these schools were in old days, and get together thirty scholars.

said, first of all, sanction would have to be obtained under Clause 9, and after that, if the school was established, the attendance dwindled down to below thirty, it would be unnecessary.

said, as he understood, the right hon. Gentleman was alluding to schools established after the passing of the Act. They could only be established under the sanction provided by Clause, 9, and subject to inquiry, if demanded, by the Board of Education. If it passed that test, a school so set up would remain a necessary school so long as it contained thirty scholars.

said then "established" meant thirty scholars, and did not mean a school actually in existence. In future, when thirty scholars were got together there would be a power to compel County Councils and local education authorities to maintain the school. He did not know under the circumstances whether the powers placed in the County Councils under this Bill were such that they could conscientiously undertake to administer it. In the West Riding of Yorkshire the local authorities had had already stated that they did not consider, under the conditions of the Bill, that they could conduct the education of the county. The Attorney General looked forward, with the ardour of his profession, to the mandamus with which he would be charged under this Bill. But the question went further. Why not mandamus the other party? There was no answer at all to that. The only penalty put into the Act was to withdraw the grant, but that did not prevent the obligation to maintain the school. The proposal was that the rates should be withdrawn as well.

said if the conditions were not observed the right of maintenance ceased.

asked how in the world were they going to mandamus one set of parties and not another? Were they not also persons who came under the law? Parliament ordered them to do a particular thing; if they did not do it the grant might be withdrawn. But if they were ordered to do a thing on these conditions, why were they not to be compelled to do it? It was not very important to labour the point, because he regarded the mandamus as a farce. If such powers were necessary the scheme of education would be at an end. He agreed with these Amendments. They were Amendments which determined the question of whether a school was necessary or not, and if the Government chose to say that a question of that kind should not be left with the education authority, then he ventured to say they would condemn the Bill, and that the education authority would be worthless for the purpose for which it was brought into being.

supported the Amendment, because the words it proposed to omit were, in his opinion, absolutely unnecessary. Not only would some of the conditions not work, but they placed upon the Board of Education something in the nature of a direction which surely was not necessary in a body to be vested with judicial authority. The Board were to have regard to the interests of secular instruction. But the Clause concerned new schools, and it already been provided that the local authority should have all control of secular instruction. What, then, was the use of repeating a provision already passed by the Committee? Then the Board were to have regard to the wishes of the parents. Where were they to find the parents of the children who might possibly attend a school not yet built? It was really ridiculous to make such a provision. As to having regard to the economy of the rates, who could tell better than the elected representatives of the ratepayers how money should be spent? And who, being elected by the ratepayers, would dare to waste the ratepayers' money? The best safeguard for the economy of the rates was the control of the ratepayers. The conditions were therefore absolutely unnecessary, and the desire of the Government would be secured by the words—

"The Board of Education should determine in case of dispute whether a school is necessary or not."

desired to enter a last, but, he feared, a futile, protest against this new-fangled scheme of providing school accommodation. He was a constitutionalist, and was unable to accommodate himself to the rapid and enormous changes the present. "Constitutional Government" were making in this matter. In the past, the one ground on which additional accommodation had been provided was the existence of a deficiency of school places, and that was the only safe basis on which to go. The entirely new scheme now proposed was bound in the long run to he disastrous. The Board were to have regard to the interest of secular instruction. He did nut understand that at all. Was it suggested that in a village there were to he provided several kinds of secular instruction? No one in his senses would imagine that a great variety of forms of secular instruction could he provided to meet special needs. He imagined that this new provision was simply their old friend "necessary or not" in another form. But if that was the case, why not say so? Then, the Board were to have regard to the wishes of the parents. That was all moonshine. If they had regard to the wishes of a persistent, but he was glad to say a small, minority of the parents in the matter of school accommodation, the authority would never provide any school at all. It was impossible to have regard to the wishes of the parents in that way. All that could be done was, after the necessary accommodation had been provided, to meet the needs of the parents, if practicable, with regard to religious instruction—perhaps under the Scottish system. The whole purport of the provision under discussion was to provide separate schools in response to the demand for different classes of religious instruction. Such a scheme was financially disastrous and educationally grotesque. Small schools could not be organised, the money of the ratepayers would be wasted, and the children would not get the education which they could get if they attended a comparatively large school. The third point was as to the economy of the rates. He was not particularly anxious about the rates. He would like to put the rates and theology on one side, and get on with the question of education pure and simple. But he viewed with some cynicism this provision coming from the Board of Education in the Homeland of the great British Empire. The recent declaration of the Premier of West Australia that as long as they had a single penny in their coffers they would spend it on the education of their people was in sharp contrast with this overwhelming desire for the economy of the rates. What would be said of a Secretary of State for War who, on finding the Army furnished with obsolete guns, refused to remedy the defect on the ground that regard must be had to the economy of the taxes? That was a perfectly parallel position, as national education was as much a line of national defence as the Army. The policy of the Clause was extremely short-sighted. A clear incentive was given to the use of denominational buildings wherever they existed, in order to relieve the locality of the capital charges for the building of a new school. The religious bodies of the country, having such buildings, had only to get the necessary attendance and claim to be put on the rates, and there for all time would be a school with the fetters of denominationalism around the education of the children. The clear intention of this provision was to secure that being done, and he protested against it. Apart from the existing parochial buildings, which with slight alterations could be used for schools, there were about £800,000 a year in voluntary subscriptions. At a generous estimate the repairs mould cost £250,000, leaving over half a million of money at once applicable to the provision of buildings, which might be used for school purposes, and by instructing the Board to have regard to the economy of the rates, the Government were switching off education from the broad lines of nationalism to the narrow and devious ways of sectarianism. This new-fangled scheme of school accommodation being denominational rather than national, would be fatal to national progress and national education. The question of rate-aid, and popular control would settle itself, but this Clause fettered denominationalism of the narrowest kind around the education of the country, and therefore he strongly opposed it.

(3.27.)

said that the last time the Board of Education, of which he was a member, had to decide this question they decided it in the very way which the hon. Member for North Camberwell had described as impossible. In a village on the outskirts of Leeds there was a deficiency of school accommodation which the vicar wished to supply by building an additional voluntary school, and the School Board of Leeds by building a board school. The parish was a rich one, the rector was an extremely able educationalist, and, as far as the interests of education were concerned, there was nothing to choose between the two proposals. The sole ground on which the matter was decided was the wishes of the parents who would be served by the school. There was no difficulty in finding those parents, because they lived in the houses of the village in which the school was to be built. Inquiry was made and it was easily ascertained that the people wished to have a board school. That being the general opinion of the parents, the decision of the Board of Education was that the deficiency should be supplied by the School Board of Leeds, and not by the vicar.

said his strong objection to this proposal of the Government was that it tied the hands of the Department and hampered them in giving proper consideration as to whether a school ought to be provided or not. He gathered from the Prime Minister's speech that these three instructions were the obvious ones and exhausted all the instructions that could be given to the Department, and other matters could not arise. Surely all who had had experience of education questions knew that these three matters did not exhaust the instructions, and there were other matters which ought to be taken into consideration which would arise in the creation of a new school. The main question was whether the accommodation was required or not, and in taking that into account they should consider other things that might arise in connection with the matter. The right hon. Gentleman said the Opposition seemed to look upon these matters with grave suspicion, and for his own part he did look upon them with suspicion. None of the speeches from the other side had put forward any reason for leaving this matter to the discretion of the Department. The real reason for putting in this proviso was to give the Department an excuse for deciding in favour of denominational schools. The object of putting in these limitations seemed to be to hamper any future Government which might succeed the present Government in dealing with this question. He could not see any other grounds for this proposal and he strongly opposed it on the ground that in this matter the Education Department ought to have absolute and full discretion and should not be hampered in deciding what future accommodation ought to be provided.

*

said that the one point of interest in the speech of the right hon. Gentleman the Member for Cambridge University was that he openly admitted that in the case he quoted the Department absolutely excluded the consideration of the economy of the rates, and had argued that, in this case, the Department had secured effectually a just solution of the wants of the locality by deciding the matter without taking that question into consideration. The speech of the right hon. Gentleman was thus one of the very strongest arguments for leaving the Board of Education an absolutely free hand and not restricting them by this requirement. He had regarded this Bill from beginning to end with a profound conviction that it was intended to supply unlimited funds and unrestricted power to the clerical party to enable thorn to get and keep in their hands the educational machinery of the country. They were now reduced to the ridiculous position, that this omnipotent authority, which was to re-organise the education of the country was to set about its duty bound hand and foot; and not only were they to have an equal balance given to the denominational competitors in regard to the right to make provision of schools, but when they came to arbitrate as to whether this authority was really to be entitled to provide schools for the community—the local education authority, which any one with aspirations for a national system would wish to see given the fullest right to provide, or their private sectarian competitors — then they had the Board of Education launched upon them with its hands and feet tied and fettered and limited by the restrictions the very absence of which they now knew had enabled the right hon. Gentleman the Member for Cambridge University to perform not long ago an act of justice. These two Clauses completely fettered and paralysed the education authority. Then, again, he wish to put this question. Part of Section 18 of the Act of 1870 was embodied in this Bill, and the words included were—

"That a School Board shall from time to time provide such additional school accommodation as is in their opinion necessary in order to supply a sufficient amount of public school accommodation for the district."
Yesterday, the Chairman in ruling certain Amendments out of order drew attention to the last paragraph of the Third Schedule which provided:—
"The duty of a local education authority under the Education Acts, 1870 to 1902, to provide a sufficient amount of public school accommodation, shall include the duty to provide a sufficient amount of public school accommodation, without payment of fees, in every part of their area."
He wished to ask whether the limitations of these Clauses which restricted the powers of the local authority and of the Board of Education were consistent or inconsistent with the provisions he had just quoted to the Committee? It seemed to him that those provisions gave unrestricted power for the provision of future accommodation to the local education authority, and constituted a duty on their part to provide from time to time such accommodation, and especially of free places, as in their opinion was sufficient and necessary. These restrictions which were placed upon the local education authority, and upon the freedom of the Board of Education in acting as arbiter, were an entire contradiction to the wording of the Bill. His hon. friend naturally took exception to the words at the end of the Clause, because there had been no explicit statement as to what sort of schools were contemplated. In a previous debate the Attorney General had said that a school must necessarily mean a public elementary school, but there was nothing in this Clause to justify that contention. It simply said, "a school actually in existence." It was perfectly essential that that point should be clearly defined before they could admit the justice of the right hon. Gentleman's contention. The Attorney General said that these schools must run the gauntlet of Clause 9.

*

Where was the difficulty in a rich company raising funds, and either using old buildings or building new schools, without giving any notice or applying to the local authority or the Board of Education and carrying those schools on for six months under the conditions laid down in the Act of 1870, for public elementary schools with a Conscience Clause time table and expressed willingness to receive an inspector, etc.? Where was there anything in the Act to prevent schools of that kind being run for a few months by private individuals or a company and then claiming to come in on the rates and compete with the schools of the local education authority? Such schools could come to the Education Department and say "We have an average attendance of more than thirty and we claim to be quartered permanently upon the rates and the grant list."

Under Clause 9, the Board of Education would have a controlling power as to whether such schools should be public elementary schools or not.

*

contended that there was no difficulty in starting a school, for they could do this by inviting people to send thirty children. His point was that if any body of men were to do that, that school, according to the wording of this Clause, would be entitled to say, "We are a public elementary school." Therefore they had to face this evil in its most naked and outrageous form. Practically by this Clause the sectarian demand to start schools was placed on an absolute level in the first place with the local authority, and after they had restricted the rights of the local authority, the Board of Education were prevented from judging with a free hand between the two parties. Finally the bogus and mushroom schools started all over the country might set up claims for permanent support from the rates. It was a disgrace to education, and a disgrace to fair play as between one side and another in this matter.

understood that the Government, in its allusion in this Clause to a "necessary school" only intended it to refer to a public elementary school, but according to the wording, it might equally refer to an unauthorised school. He was sure the Government did not wish the Clause to be ambiguous.

said there could be no harm in inserting "public elementary" before the word "school" but it was not necessary, because the only schools in regard to which that Clause had any force were public elementary schools.

urged that the same thing occurred yesterday on a Clause. There was a misleading expression in that Clause, and he thought the Government would alter it, but when it came to the point they had no opportunity of amending it. The Committee should have a promise from the Government that they would introduce the words "public elementary."

thought the words were already quite unnecessary, and if they were introduced in one place in this Clause and not in another earlier in the Clause it might leave in doubt as to what the meaning of "school" in the first instance was. The Clause began by saying that the Board of Education should determine whether a school was necessary or not. There the word was "school" and the question could only arise in the case of public elementary schools.

said the word "school," at the beginning was not used in the same sense as at the end. At the beginning it was not a public elementary school that was referred to, and the Board of Education was deciding there whether a school should become a public elementary school.

said the Board of Education was to determine whether a school had become a public elementary school or not.

said that under Clause 8 the local education authority could say that a particular public elementary school was not necessary, and ensure that the word in Clause 10 related to the provision of new schools.

said the Attorney General had been good enough to refer to Clause 8. The first words of that Clause referred to a "public elementary school" and he thought it would be better that these words should be introduced here also. There was no kind of sliding scale in the considerations that were to determine the Board of Education in the decision of an appeal. Wishes of the parents, secular instruction, and economy of the rates—they were all placed on an equal footing. As to the last consideration, respecting the rates, there was no option. The decision must be in favour of the denominational school. As to the wishes of the parents, how were they going to be ascertained? Was there going to be a public inquiry, or was the clergyman to get up a petition and hand it in? The inspector who went down to inquire, as a rule, had preconceived notions with regard to these things. There were two different opinions with regard to education. One was, that the most important thing was secular instruction. The second was that of the gentleman who got up the petition; and they would say they did not want to give their children this dangerous weapon of reading and writing, as Canon Lyttleton had described it; what they wanted was to give them religious doctrine which taught them to be "humble and lowly to all their betters," and explained to them that their betters were the canons and prebendaries and curates of the Church. That was their opinion of education. A large number of these inspectors were clergymen themselves, and they were the very gentlemen who for years and years had tolerated insanitary dwellings, purely and simply in the interests of sectarian education. ["Oh, oh."] Was it not the case that those inspectors had the superintendence of the health and education of the children, and that they had done that in the interest of the denominational schools? [Cries of "Oh," and "Divide."] Hon. Members opposite were exceedingly impatient. When they were getting their Bill through at motor-car speed, surely they might tolerate a few regulations on the speed. Did they mean to say that the toleration of insanitary schools was not detrimental to education

AYES.

Agg-Gardner, James TynteCollings, Rt. Hon. JesseGreville, Hon. Roland
Anson, Sir William ReynellColomb, Sir.John Charles ReadyGroves, James Grimble
Archdale, Edward MervynColston, Chas. Edw. H. AtholeHain, Edward
Arkwright, John StanhopeCox, Irwin Edward BainbridgeHall, Edward Marshall
Arnold-Forster, Hugh O.Cranborne, ViscountHalsey, Rt. Hon. Thomas F.
Arrol, Sir WilliamCross, Alexander (Glasgow)Hanbury, Rt. Hon. Robert Wm.
Atkinson, Rt. Hon. JohnCross, Herb. Shepherd (Bolton)Hardy, Laurence (Kent, Ashf'rd
Bailey, James (Walworth)Crossley. Sir ServileHare, Thomas Leigh
Bain, Colonel James RobertCubitt, Hon. HenryHarris, Frederick Leverton
Baird, John George AlexanderDalrymple, Sir CharlesHaslam, Sir Alfred S.
Balcarres, LordDenny, ColonelHeaton, John Henniker
Balfour, Rt. Hon. A. J. (Manch'r)Digby, John K. D. Wingfield-Helder, Augustus
Balfour, Capt. C. B. (Hornsey)Dixon-Hartland SirFr'dDixonHermon-Hodge, Sir Robert T.
Balfour, Rt HnGeraldW (LeedsDouglas, Rt. Hon A. Akers-Hobhouse, Henry (Somerset,E.
Bartley, George C. T.Dyke, Rt. Hon. Sir William HartHogg, Lindsay
Beckett, Ernest WilliamElliot, Hon. A. Ralph DouglasHope, J F. (Sheffield, Brightside
Bignold, ArthurFaber, George Denison (York)Howard, John (Kent, Fav'rsh'm
Blundell, Colonel HenryFardell, Sir P. GeorgeHoward, J. (Midd., Tottenham)
Bond, EdwardFellowes, Hon. Ailwyn EdwardHozier, Hon. James HenryCecil
Boscawen, Arthur Griffith-Fergusson, Rt. Hn Sir J. (Mane'rHudson, George Bickersteth
Boulnois, EdmundFinch, George H.Jebb, Sir Richard Claverhouse
Brassey, AlbertFinlay, Sir Robert BannatyneJohnstone, Heywood
Brodrick, Rt. Hon. Sir JohnFisher, William HayesKemp, George
Brookfiled, Colonel MontaguFison, Frederick WilliamKenyon, Hon. Geo. T (Denbigh)
Brown, Alexander H (Shropsh.FitzGerald, Sir Robert Penrose-Kenyon-Slaney, Col. W.(Salop
Brymer, William ErnestFitzroy ,Hon. EdwardAlgernonKimber, Henry
Bull, William JamesFlannery, Sir ForteseueKnowles, Lees
Campbell, Rt Hn J. A.(GlasgowFletcher, Rt. Hon. Sir HenryLambton, Hon. Frederick Wm.
Carew, James LaurenceFlower, ErnestLaw, Andrew Bonar (Glasgow)
Carson, Rt. Hon. Sir Edw. H.Forster, Henry WilliamLecky, Rt. Hn. William Edw. H.
Carvill, Patrick Geo. HamiltonFoster, Philips (Warwick, S.W.Lee, ArthurH (Hants., Fareham
Cavendish, V. C. W (DerbyshireGalloway, William JohnsonLegge, Col. Hon. Heneage
Cayzer, Sir Charles WilliamGarfit, WilliamLoder, Gerald Walter Erskine
Cecil, Evelyn (Aston Manor)Gibbs, Hon. Vicary (St. Albans)Long, Col. Charles W.(Evesham
Cecil, Lord Hugh (Greenwich)Gordon MajEvans-(T'rH'meltsLong, Rt. Hn. Walter(Bristol,S)
Chamberlain, Rt. Hn. J. (Birm.)Gore, Hn G. R. C. Ormsby-(SalopLoyd, Archie Kirkman
Chaplin. Rt. Hon. HenryGore, Hon. S. F. Ormsby-(Line.)Lucas, Col. Francis (Lowestoft)
Chapman, EdwardGorst, Rt. Hon. Sir John EldonMacdona, John Cumming
Clive, Captain Percy A.Gosehen, Hon. Geroge JoachimM'Iver, Sir Lewis (Edinburgh W
Cochrane Hon. Thos. H.A.E.Goulding, Edward AlfredM'Killop, James (Stirlingshire)
Coghill, Douglas HarryGray, Ernest (West Ham)Malcolm, Ian
Cohen, Benjamin LouisGreene, SirEW(B'ryS,Edm'ndsManners, Lord Cecil

and to the health of the children? Did the law of the land tolerate them now? If it did not, why was it then that those inspectors did not report the insanitary condition of the schools to the Board of Education? It was because they were what was called imbued with a friendly sympathy with the voluntary schools. Those inspectors, imbued with a friendly sympathy with the voluntary schools, would go down to make this inquiry. They would not visit the parents; they would see the managers and the clergyman, and their report would be that in the interest of education, the wishes of the parents, and the rights of the existing denominational schools, a rival school should not be set up.

(4.3.) Question put.

The Committee divided:—Ayes 203; Noes. 109. (Division List No. 468.)

Maxwell, Rt Hn Sir HE.(Wigt'nPurvis, RobertTollemache, Henry James
Maxwell, WJH(DumfriesshirePym, C. GuyTomlinson, Sir Wm. Edw. M.
Meysey-Thompson, Sir H. M.Randles, John S.Tritton, Charles Ernest
Mildmay, Francis BinghamRankin, Sir JamesTufnell, Lieut.-Col. Edward
More, Robt. Jasper (Shropshire)Rasch, Major Frederic CarneValentia, Viscount
Morgan, David J(WalthamstowRattigan, Sir William HenryVincent, Sir Edgar (Exeter)
Morrell, George HerbertRidley, Hn. M.W.(StalybridgeWalker, Col. William Hall
Morrison, James ArchibaldRitchie, Rt. Hn. Chas. ThomsonWalrond, Rt. Hon Sir William H
Morton, Arthur H. AylmerRoberts, Samuel (Sheffield)Wanklyn, James Leslie
Mount, William ArthurRothschild, Hon. Lionel WalterWarde, Colonel C. E.
Mowbray, Sir Robert Gray C.Round, Rt. Hon. JamesWelby, Lt-Col. A.C.E(Taunton
Murray, Rt Hn A. Graham(Bute)Royds, Clement MolyneuxWelby, Sir Charles G. E. (Notts.
Murray, Charles J. (Coventry)Sackville, Col. S. G. Stopford-Wharton, Rt. Hn. John Lloyd
Myers, William HenrySadler, Col. Samuel AlexanderWhiteley, H(Ashton-und.Lyne
Nicholson, William GrahamSamuel, Harry S. (Limehouse)Williams, RtHn J Powell-(Birm
Nicol, Donald NinianSimeon, Sir BarringtonWilson, A. Stanley(York, E. R.)
Nolan, Col.John P.(Galway, N.Skewes-Cox, ThomasWilson-Todd, Wm. H. (Yorks.)
Orr-Ewing, Charles LindsaySmith, James Parker(Lanarks.Wodehouse,Rt. Hn. E.R.(Bath)
Parker, Sir GilbertSpencer, Sir E. (W. Bromwich)Worsley-Taylor, Henry Wilson
Pemberton, John S. G.Stanley, Edward Jas.(Somerset)Wylie, Alexander
Percy, EarlStewart, Sir Mark J. M`TaggartWyndham, Rt. Hon. George
Pierpoint, RobertStrutt, Hon. Chas. HelleyWyndham-Quin, Major W. H.
Platt-Higgins, FrederickSturt, Hon. Humphry NapierYounger, William
Plummer, Walter R.Talbot, Lord E. (Chichester)
Powell, Sir Francis SharpTalbot, Rt. Hn. J.G.(Oxf'dUnivTELLERS FOR THE AYES—
Pretyman, Ernest GeorgeThorburn, Sir WalterSir Alexander Acland-
Pryce-Jones, Lt.-Col. EdwardThornton, Percy M.Hoodand Mr. Anstruther.

NOES.

Allan, Sir William (Gateshead)Harcourt,Rt. Hon. Sir WilliamPhilipps, John Wynford
Allen, Charles P. (Glouc., StroudHarwood, GeorgeRea, Russell
Bayley, Thomas (Derbyshire)Hayne, Rt. Hon. Charles Seale-Roberts, John H. (Denbighs.)
Bell, RichardHayter, Rt. Hon. Sir Arthur D.Robertson, Edmund (Dundee)
Brigg, JohnHemphill, Rt. Hon. Charles H.Runciman, Walter
Broadhurst, HenryHolland, Sir William HenrySchwann, Charles E.
Brown, George M.(Edinburgh)Hope, John Deans (Fife, WestShackleton, David James
Brunner, Sir John TomlinsonHorniman, Frederick JohnShaw, Charles Edw. (Stafford)
Bryce, Rt. Hon. JamesHumphreys-Owen, Arthur C.Shipman, Dr. John G.
Burt, ThomasJacoby, James AlfredSinclair, John (Forfarshire)
Buxton, Sydney CharlesJones, David Brynmor(Sw'nseaSloan, Thomas Henry
Caine, William SprostonKearley, Hudson E.Soames, Arthur Wellesley
Caldwell, JamesKinloch, Sir John, George SmythSoares, Ernest, J.
Cameron, RobertLambert, GeorgeSpencer , RtHn C. R. (Northants
Campbell-Bannerman, Sir H.Langley, BattyStevenson, Francis S.
Causton, Richard KnightLeese, Sir Joseph F.(AccringtonStrachey, Sir Edward
Channing, Francis AllstonLeng, Sir JohnThomas, Abel (Carmarthen,E.)
Dalziel, James HenryLevy, MauriceThomas, Sir A. (Glamorgan,E.)
Davies, Alfred (Carmarthen)Lewis, John HerbertThomas, David Alfred(Merthyr
Davies, M. Vaughan-(CardiganLloyd-George, DavidThomas, F. Freeman-(Hastings
Dilke, Rt. Hon. Sir CharlesLogan, John WilliamThomas ,JA (Glamorgan, Gow'r
Dunn, Sir WilliamMacnamara, Dr. Thomas J.Toulmin, George
Edwards, FrankM'Kenna, ReginaldWarner, Thomas Courtenay T
Ellis, John EdwardM`Laren, Sir Charles BenjaminWason, Eugene
Emmott, AlfredMansfield, Horace RendallWeir, James Galloway
Evans, Sir Francis H(MaidstoneMappin, Sir Frederick ThorpeWhite, George (Norfolk)
Farquharson, Dr. RobertMarkham, Arthur BasilWhite, Luke (York, E. R.)
Fenwick, CharlesMather, Sir WilliamWhitley, George(York, W. R.)
Fitzmaurice, Lord EdmundMellor, Rt. Hon. John WilliamWhitley, J. H. (Halifax)
Foster, Sir Walter (Derby Co.)Middlemore, John (Thr'gmort'nWhittaker, Thomas Palmer
Fowler, Rt. Hon. Sir HenryMorgan, J. Lloyd(Carmarthen)Williams, Osmond (Merioneth
Fuller, J. M. F.Morley, Charles (Breconshire)Wilson, Henry J. (York, W.R.
Furness, Sir ChristopherNewnes, Sir GeorgeYoxall, James Henry
Goddard, Daniel FordNorton, Capt. Cecil William
Grant, CorrieNussey, Thomas Willans
Grey, Rt. Hon. Sir E. (Berwick)Palmer, Sir Chas. M.(Durham)TELLERS FOR THE NOES—
Griffith, Ellis J.Parthigton, OswaldMr. Herbert Gladstone and
Gurdon, Sir W. BramptonPease, J. A. (Saffron Walden)Mr. William M'Arthur.

(4.13.)

rose in his place, and claimed to move, "That the Question 'That the words of the Clause from the first word "to," in page 4, line 12, to the word "but," in line 14, both inclusive, stand part of the Clause,' be now put."

Question put, "That the Question 'That the words of the Clause from the first word "to," to page 4, line 12, to the word "but," in line 14, both

AYES.

Agg-Gardner, James TynteFinlay, Sir Robert BannatyneMildmay, Francis Bingham
Anson, Sir William ReynellFisher, William HayesMore, Robt. Jasper (Shropshire
Archdale, Edward MervynFison, Frederick WilliamMorgan, David J(Walth'mstow
Arkwright, John StanhopeFitzGerald, Sir Robert Penrose-Morrell, George Herbert
Arnold-Forster, Hugh O.Fitzroy, Hon Edward AlgernonMorrison, James Archibald
Arrol, Sir WilliamFlannery, Sir FortescueMorton, Arthur H. Aylmer
Atkinson, Rt. Hon. JohnFletcher, Rt. Hon. Sir HenryMount, William Arthur
Bailey, James (Walworth)Flower, ErnestMowbray, Sir Robert Gray C.
Bain, Colonel James RobertForster, Henry WilliamMurray, Rt Hn A.Graham(Bute
Baird, John George AlexanderFoster, Philip S. (Warwick, S.WMurray, Charles J. (Coventry)
Balcarres, LordGalloway, William JohnsonMyers, William Henry
Batfour, Rt. Hon. A.J.(ManchrGarfit, WilliamNicholson, William Graham
Balfour, Capt. C. B. (HornseyGibbs, Hon. Vicary (St. AlbansNicol, Donold Ninian
Balfour, Rt. Hn Gerald W(LeedsGordon, Maj Evans-(T'rHmletsNolan, Col. John P.(Galway,N.
Bartley, George C. T.Gore, Hn G. R. C Ormsby-(SalopOrr-Ewing, Charles Lindsay
Beckett, Ernest WilliamGore, Hon. S. F. Ormsby-(Line.)Parker, Sir Gilbert
Bhownaggree, Sir M. M.Gorst, Rt. Hon. Sir John EldonPemberton, John S. G.
Bignold, ArthurGoschen, Hon. George JoachimPercy, Earl
Blundell, Colonel HenryGoulding, Edward AlfredPierpoint, Robert
Bond, EdwardGray, Ernest (West Ham)Platt-Higgins, Frederick
Boscawen, Arthur Griffith-Greene, Sir EW(B'ryS.Edm'ndsPlummer, Walter R.
Boulnois, EdmundGrevillle, Hon. RonaldPowell, Sir Francis Sharp
Bowles, Capt. H. F. (MiddlesexGroves, James GrimblePretyman, Ernest George
Brassey, AlbertHall, Edward MarshallPryce-Jones, Lt.-Col. Edward
Brodrick, Rt. Hon. St. JohnHalsey, Rt. Hon. Thomas F.Purvis, Robert
Brookfield, Colonel MontaguHambro, Charles EricPym, C. Guy
Brown, Alexander H.(Shropsh.Hanbury, Rt. Hon. Robert Wm.Randles, John S.
Brymer, William ErnestHardy, Laurence(Kent,Ashf'rdRankin, Sir James
Bull, William JamesHare, Thomas LeighRasch, Major Frederic Carne
Campbell, Rt. Hn. J.A(GlasgowHarris, Frederick LevertonRattigan, Sir William Henry
Carew, James LaurenceHaslam, Sir Afred S.Ridley, Hn. M.W.(Stalybriage
Carson, Rt. Hn. Sir Edw. H.Heaton, John HennikerRitchie,Rt. Hon. Chas.Thomson
Carvill, Patrick Geo. HamiltonHelder, AugustusRoberts, Samuel (Sheffield)
Cavendish, V.C.W.(DerbyshireHermon-Hodge, Sir Robert T.Robinson, Brooke
Cayzer, Sir Charles WilliamHobhouse, Henry(Somerset,E.)Rothschild, Hon. Lionel Walter
Cecil, Evelyn (Aston Manor)Hogg, LindsayRound, Rt. Hon. James
Cecil, Lord Hugh (Greenwich)Hope, JF.(Sheffield, BrightsideRoyds, Clement Molyneux
Chamberlain, Rt. Hon. J.(Birm.Howard, John (Kent, FavershamRutherford, John
Chaplin, Rt. Hon. HenryHoward, J. (Midd., Tottenham)Sackville, Col. S. G. Stopford-
Chapman, EdwardHozier, Hn. James Henry CecilSadler, Col. Samuel Alexander
Clive, Captain Percy A.Hudson, George BickerstethSamuel, Harry S. (Limehouse
Cocbrane, Hon. Thomas H.A.E.Jebb, Sir Richard ClaverhouseSharpe, William Edward T.
Coghill, Douglas HarryJohnstone, HeywoodSimeon, Sir Barrington
Cohen, Benjamin LouisKemp, GeorgeSinclair, Louis (Romford)
Collings, Rt. Hon. JesseKenyon,Hon. Geo. T.(Denbigh)Skewes-Cox, Thomas
Colomb, Sir John Chas. ReadyKenyon-Slaney, Col. W. (Salop)Smith, James Parker(Lanarks.)
Colston, Chas. Edw. H. AtholeKimber, HenrySpencer, Sir E. (W. Bromwich)
Cox, Irwin Edward BainbridgeKing, Sir Henry SeymourStanley, Edward Jas.(Somerset
Cranborne, ViscountKnowles, LeesStewart, Sir Mark J. M'Taggart
Cripps, Charles AlfredLambton, Hon. Frederick Wm.Strutt, Hon. Charles Hedley.
Cross, Alexander (Glasgow)Law, Andrew Bonar (Glasgow)Sturt, Hon. Humphry Napier
Cross, Herb. Shepherd (Bolton)Lecky, Rt. Hn. William Edw. H.Talbot, Lord E. (Chichester)
Crossley, Sir SavilleLee,ArthurH (Hants., FarehamTalbot, RtHn. J. G. (Oxf'd Univ
Cubitt, Hon. HenryLegge, Col. Hon. HeneageThorburn, Sir Walter
Dalrymple, Sir CharlesLoder, Gerald Walter ErskineThornton, Percy M.
Davenport, William Bromley-Long, Col. Charles W.(EveshamTollemache, Henry James
Denny, ColonelLong, Rt. Hn. Walter(Bristol,STomlinson, Sir Wm. Edw. M.
Digby, John K. D. Wingfield-Loyd, Archie KirkmanTritton, Charles Ernest
Dixon-Hartland, Sir Fr'dDixonLucas, Col. Francis (Lowestoft)Tufnell, Lieut.-Col. Edward
Douglas, Rt. Hon. A. Akers-Macdona John CummingValentia, Viscount
Dyke, Rt. Hn. Sir William HartM'Iver, Sir Lewis(EdinburghWVincent, Col. Sir C E H. (Sheffield
Elliot, Hon. A. Ralph DouglasM'Killop, James(Stirlingshire)Walker, Col. William Hall
Faber, George Denison (York)Malcolm, IanWalrond, Rt Hn. Sir William H.
Fardell, Sir T. GeorgeMaxwell, Rt Hn Sir H. E(Wigt'nWanklyn, James Leslie
Fellowes, Hon. Ailwyn EdwardMaxwell, W J H(DumfriesshireWarde, Colonel C. E.
Fergusson, Rt. Hn. Sir J(Manc'rMeysey-Thompson, Sir H. M.Welby, Lt-Col A.C.E.(Taunton
Finch, George H.Middlemore, John Throgmort'nWelby, Sir Charles G.E.(Notts.)

inclusive, stand part of the Clause,' be now put."

The Committee divided:—Ayes 213; Noes. 108. (Division List No. 469.)

Wharton, Rt. Hon. John LloydWodehouse, Rt. Hn. E.R. (BathYounger, William
Whiteley, H(Ashton-und. LyneWorsley-Taylor, Henry Wilson
Williams, Rt Hn Powell-(BirmWylie, AlexanderTELLERS FOR THE AYES—
Wilson, A. Stanley (York, E.R.)Wyndham, Rt. Hon. GeorgeSir Alexander Acland-
Wilson-Todd, Wm. H. (York.)Wyndham-Quin, Major W. H.Hood, and Mr. Anstruther.

NOES.

Allan, Sir William(Gateshead)Harcourt, Rt. Hon. Sir WilliamPickard, Benjamin
Allen, Charles P.(Gloue. StroudHarwood, GeorgeRea, Russell
Bayley, Thomas (Derbyshire)Hayne, Rt Hon. Charles Seale-Roberts, John H. (Denbighs.)
Bell, RichardHayter, Rt. Hon. Sir Arthur D.Robertson, Edmund (Dundee)
Brigg, JohnHemphill, Rt. Hon. Charles H.Runciman, Walter
Broadhurst, HenryHolland, Sir William HenrySchwann, Charles E.
Brown, George M. (EdinburghHope, John Deans (Fife, WestShackleton, David James
Brunner, Sir John TomlinsonHorniman, Frederick JohnShaw, Charles Edw. (Stafford)
Bryce, Rt. Hon. JamesHumphreys-Owen, Arthur CShipman, Dr. John G.
Burt, ThomasJacoby, James AlfredSinclair, John (Forfarshire)
Buxton, Sydney CharlesJones, David Bryrnmor (Swans'aSloan, Thomas Henry
Caine, William SprostonKearley, Hudson E.Soames, Arthur Wellesley
Caldwell, JamesKinloch, Sir John George SmythSoares, Ernest J.
Cameron, RobertLambert, GeorgeSpencer, RtHn C. R. (Northants
Campbell-Bannerman, Sir H.Langley, BattyStevenson, Francis S.
Causton, Richard KnightLeese, Sir Joseph F.(AccringtonStrachey, Sir Edward
Channing, Francis AllstonLeng, Sir JohnThomas, Abel (Carmarthen,E.
Dalziel, James HenryLevy, MauriceThomas, Sir A. (Glamorgan, E.
Davies, Alfred (Carmarthen)Lewis, John HerbertThomas, David Alfred (Merthyr
Davies, M. Vaughan-(CardiganLogan, John WilliamThomas, F. Freeman-(Hastings
Dilke, Rt. Hon. Sir CharlesMacnamara, Dr. Thomas J.Thomas, J A(Glamorgan, Gower
Dunn, Sir WilliamM'Arthur, Charles (Liverpool)Toulmin, George
Edwards, FrankM'Kenna, ReginaldWarner, Thomas Courtenay T.
Ellis, John EdwardM'Laren, Sir Chas. BenjaminWasen, Eugene
Emmott, AlfredMansfield, Horace RendallWeir, James Galloway
Evans, Sir Francis H(MaidstoneMappin, Sir Frederick ThorpeWhite, George (Norfolk)
Farquharson, Dr. RobertMarkham, ,Arthur BasilWhite, Luke (York, E.R.)
Fenwick, CharlesMather, Sir WilliamWhiteley, George (York, W.R.
Fitzmaurice, Lord EdmundMellor, Rt. Hon. John WilliamWhitley, J. H. (Halifax)
Foster, Sir Walter (Derby Co.)Morgan, J. Lloyd (Carmarthen)Whittaker, Thomas Palmer
Fowler, Rt. Hon. Sir HenryMorley, Charles (Breconshire)Williams, Osmond (Merioneth
Fuller, J. M. F.Newnes, Sir GeorgeWilson, Henry J. (York, W.R.
Furness, Sir ChristopherNorton, Capt. Cecil William
Goddard, Daniel FordNussey, Thomas Willans
Grant, CorriePalmer, Sir Chas. M. (Durham)TELLERS FOR THE NOES.—
Grey, Rt. Hon. Sir E. (Berwick)Partington, OswaldMr. Herbert Gladstone and
Griffith, Ellis J.Pease, J. A. (Saffron Walden)Mr. William M'Arthur.
Gurdon, Sir W. BramptonPhilipps, John Wynford

(4.28.) Question put accordingly.

AYES.

Agg-Gardner, James TynteBlundell, Colonel HenryChaplin, Rt. Hon. Henry
Allhusen, Augustus H'nryEdenBond, EdwardChapman, Edward
Anson, Sir William ReynellBoscawen, Arthur Griffith-Clive, Captain Percy A.
Archdale, Edward MervynBoulnois, EdmundCochrane, Hon. Thos. H. A. E.
Arkwright, John StanhopeBowles, Capt. H.F.(MiddlesexCoghill, Douglas Harry
Arnold-Forster, Hugh O.Brassey, AlbertCohen, Benjamin Louis
Arrol, Sir WilliamBrodrick, Rt. Hon. St. JohnCollings, Rt. Hon. Jesse
Atkinson, Rt. Hon. JohnBrookfield, Colonel MontaguColomb, Sir John Charles Ready
Bailey, James (Walworth)Brown, Alexander H. (Shropsh.Colston, Chas. Edw. H. Athole
Bain, Colonel James RobertBrymer, William ErnestCox, Irwin Edward Bainbridge
Baird, John George AlexanderBull, William JamesCranborne, Viscount
Balcarres, LordCampbell, RtHn. J. A (GlasgowCripps, Charles Alfred
Balfour, Rt. Hon. A.J.(Manch'rCarew, James LaurenceCross, Alexander (Glasgow)
Balfour, Capt. C. B. (Hornsey)Carson, Rt. Hon. Sir Edw. H.Cross, Herb. Shepherd (Bolton)
Balfour, Rt. Hn Gerald W(LeedsCarvil Patrick Geo. HamiltonCrossley, Sir Savile
Banbury, Frederick GeorgeCavendish, V.C.W(DerbyshireCubitt, Hon. Henry
Bartley, George C. T.Cayzer, Sir Charles WilliamDalrymple, Sir Charles
Beckett, Ernest WilliamCecil, Evelyn (Aston Manor)Davenport, William Bromley-
Bhownaggree, Sir M. M.Cecil, Lord Hugh (Greenwich)Denny, Colonel
Bignold, ArthurChamberlain, Rt. Hon. J.(Birm.Digby, John K. D. Wingfield-

The Committee divided:—Ayes 220; Noes, 107. (Division List No. 470.)

Dixon-Hartland, Sir Fred Dix'nJohnstone, HeywoodRattigan, Sir William Henry
Dorington, Rt. Hon. Sir John E.Kemp, GeorgeRidley, Hn. M.W. (Stalybridge)
Douglas, Rt. Hon. A. Akers-Kenyon, Hon. Geo. T. (Denbigh)Ritchie, Rt. Hn. Chas. Thomson
Dyke, Rt. Hn. Sir William HartKenyon-Slaney, Col. W. (Salop.Roberts, Samuel (Sheffield)
Elliot, Hon. A. Ralph DouglasKimber, HenryRobinson, Brooke
Faber, George Denison (York)King, Sir Henry SeymourRothschild, Hon. Lionel Walter
Fardell, Sir T. GeorgeKnowles, LeesRound, Rt. Hon. James
Fellowes, Hon. Ailwyn EdwardLambton, Hon. Frederick Wm.Royds, Clement Molyneux
Fergusson, Rt. Hn. Sir J (Manc'rLaw, Andrew Bonar (Glasgow)Rutherford, John
Finch, George H.Lawrence, Wm. F. (Liverpool)Sackville, Col. S. G. Stopford-
Finlay, Sir Robert BannatyneLecky, Rt. Hn. William Edw. H.Sadler, Col. Samuel Alexander
Fisher, William HayesLee, Arthur H.(Hants., Fareh'mSamul, Harry S. (Limehouse)
Fison, Frederick WilliamLegge, Col. Hon. HeneageSharpe, William Edward T.
FitzGerald, Sir Robert Penrose-Loder, Gerald Walter ErskineSimeon, Sir Barrington
Fitzroy, Hon. Edward AlgernonLong, Col. Charles W. (EveshamSinclair, Louis (Romford)
Flannery, Sir FortescueLong, Rt. Hn. Walter (Bristol,S.Skewes-Cox, Thomas
Fletcher, Rt. Hon. Sir HenryLowe, Francis WilliamSmith, James Parker (Lanarks)
Flower, ErnestLoyd, Archie KirkmanSpencer, Sir E. (W. Bromwich)
Forster, Henry WilliamLucas, Col. Francis (Lowestoft)Stanley, Edward Jas. (Somerset)
Foster, Philip S.(Warwick,S.WMacdona, John CummingStewart, Sir Mark J. M'Taggart
Galloway, William JohnsonM'Iver,SirLewis(EdinburghWStrutt, Hon. Charles Hedley
Garfit, WilliamM'Killop, James (Stirlingshire)Sturt, Hon. Humphry Napier
Gibbs, Hon. Vicary (St. Albans)Malcolm, IanTalbot, Lord E. (Chichester)
Gordon, MajEvans-(T'rH'ml'tsManners, Lord CecilTalbot, Rt. Hn. J. G (Oxfd'Univ.
Gore, HnG.R.C.Ormsby-(SalopMaxwell, RtHn Sir H.E(Wigt'nThorburn, Sir Walter
Gore, Hon. S. F. Ormsby-(Linc.)Maxwell, W. J H(DumfriesshireThornton, Percy M.
Gorst, Rt. Hon. Sir John EldonMeysey-Thompson, Sir H. M.Tollemache, Henry James
Goschen, Hon. George JoachimMildmay Francis BinghamTomlinson, Sir Win. Edw. M.
Goulding, Edward AlfredMore, Robt. Jasper (Shrpshire)Tritton, Charles Ernest
Gray, Ernest (West Ham)Morgan, David J(Walthamst'wTufnell, Lieut.-Col. Edward
Greene, Sir EW(B'rySEdm'ndsMorrell, George HerbertValentia, Viscount
Greville, Hon. RolandMorrison, James ArchibaldVincent, Col Sir C E H (Sheffield
Groves, James GrimbleMorton; Arthur H. AylmerVincent, Sir Edgar (Exeter)
Hal, Edward MarshallMount, William ArthurWalker, Col. William Hall
Halsey, Rt. Hon. Thomas F.Mowbray, Sir Robert Gray C.Walrond, Rt.Hn. Sir William H
Hambro, Charles EricMurray, RtHn A. Graham(ButeWanklyn, James Leslie
Hanbury, Rt. Hon. Robert Wm.Murray, Charles J. (Coventry)Warde, Colonel C. E.
Ha dy, Laurence(Kent,Ashf'rdMyers, William HenryWelby, Lt.-Col. A.C.E(Taunton
Hare, Thomas LeighNicholson, William GrahamWelby, Sir Charles G.E.(Notts.)
Harris, Frederick LevertonNicol, Donald NinianWharton, Rt. Hon. John Lloyd
Haslam, Sir Alfred S.Nolan, Col. John P. (Galway,N.)Whiteley, H. (Ashton und. Lyne
Haslett, Sir James HornerOrr-Ewing, Charles LindsayWilliams, RtHnJ Powell-(Birm.
Heaton, John HennikerParker, Sir GilbertWilson, A. Stanley (York, E.R.)
Helder, AugustusPemberton, John S. G.Wilson-Todd, Wm. H.(Yorks.)
Hermon-Hodge, Sir Robert T.Percy, EarlWodehouse, Rt. Hn. E.R.(Bath)
Hobhouse, Henry (Somerset,E.Pierpoint, RobertWorsley-Taylor, Henry Wilson
Hogg, LindsayPlummer, Walter R.Wylie, Alexander
Hope, J.F.(Sheffield,BrightsidePowell, Sir Francis SharpWyndham, Rt. Hon. George
Horner, Frederick WilliamPretyman, Ernest GeorgeWyndham-Quin, Major W. H.
Howard, John(Kent,Faversh'mPryce-Jones, Lt.-Col. EdwardYounger, William
Howard, J. (Midd., Tottenham)Purvis, Robert
Hozier, Hon. James Henry CecilPym, C. Guy
Hudson, George BickerstethRandles, John S.TELLERS FOR THE AYES.—
Jebb, Sir Richard ClaverhouseRankin, Sir JamesSir Alexander Acland-
Jeffreys, Rt. Hon. ArthurFred.Rasch, Major Frederic CarneHood, and Mr. Anstruther.

NOES.

Allan, Sir William (Gateshead)Channing, Francis AllstonGoddard, Daniel Ford
Allen, Charles P (Glouc.,StroudDalziel, James HenryGrant, Corrie
Bayley, Thomas (Derbyshire)Davies, Alfred (Carmarthen)Grey, Rt. Hon. Sir E. (Berwick)
Bell, RichardDavies,M. Vaughan-(CardiganGriffith, Ellis J.
Brigg, JohnDilke, Rt. Hon. Sir CharlesGurdon, Sir W. Brampton
Broadhurst, HenryDunn, Sir WilliamHarwood, George
Brown, GeorgeM. (Edinburgh.)Edwards, FrankHayne, Rt. Hon. Charles Seale-
Brunner, Sir John TomlinsonEllis, John EdwardHayter, Rt. Hon. Sir Arthur D.
Bryce, Rt. Hon. JamesEmmott, AlfredHemphill, Rt. Hon. Charles H.
Burt, ThomasEvans, Sir Francis H(MaidstoneHolland. Sir William Henry
Buxton, Sydney CharlesFenwiek, CharlesHope, John Deans (Fife,West)
Caine, William SprostonFitzmaurice, Lord EdmondHorniman, Frederick John
Caldwell, JamesFoster, Sir Walter (Derby Co.)Humphreys-Owen, Arthur C.
Cameron, RobertFowler, Rt. Hon. Sir HenryJacoby, James Alfred
Campbell-Bannerman, Sir H.Fuller, J. M. F.Jones, David Brynmor (Swans'a
Causton, Richard KnightFurness, Sir ChristopherKearley, Hudson E.

Kinloch, Sir John George SmythPalmer, Sir Charles M. (DurhamThomas, Abel (Carmarthen,E.)
Lambert, GeorgePartington, OswaldThomas, Sir A. (Glamorgan,E.)
Langley, BattyPease, J. A. (Saffron Walden)Thomas, David Alfred(Merthyr
Leese, Sir Joseph F.(Accringt'nPhilipps, John WynfordThomas, F.Freeman-(Hastings
Leng, Sir JohnPickard, BenjaminThomas, J A(Glamorgan, Gower
Levy, MauriceRea, RussellToulmin, George
Lewis, John HerbertRoberts, John Bryn (Eifion)Warner, Thomas Courtenay T.
Logan, John WilliamRoberts, John H. (Denbighs.)Wason, Eugene
Macnamara, Dr. Thomas J.Robertson, Edmund (Dundee)Weir, James Galloway
M'Kenna, ReginaldRunciman, WalterWhite, George (Norfolk)
M'Laren, Sir Charles BenjaminSchwann, Charles E.White, Luke (York, E.R.)
Mansfield, Horace RendallShackleton, David JamesWhiteley, George (York, W.R.)
Mappin, Sir Frederick ThorpeShaw, Charles Edw. (Stafford)Whitley, J. H. (Halifax)
Markham, Arthur BasilShipman, Dr. John G.Whittaker, Thomas Palmer
Mather, Sir WilliamSinclair, John (Forfarshire)Williams, Osmond (Merioneth)
Mellor, Rt. Hon. John WilliamSloan, Thomas HenryWilson, Henry J. (York, W. R.)
Morgan, J. Lloyd(Carmarthen)Soames, Arthur WellesleyWoodhouse, Sir J.T(Huddersf'd
Morley, Charles (Breconshire)Soares, Ernest J.
Newnes, Sir GeorgeSpencer, Rt. Hn. CR(NorthantsTELLERS FOR THE NOES—
Norton, Capt. Cecil WilliamStevenson, Francis S.Mr. Herbert Glad stone and
Nussey, Thomas WillansStrachey, Sir EdwardMr. William M'Arthur.

(4.40.)

said the Amendment he now proposed to move was, he thought, one which the Government would accept. It did not seem to him that the definitions in the Bill would cover the assumption that the schools in this Clause would be public elementary schools. The Attorney General had once or twice stated that it was the intention of the Government that they should be public elementary schools having the Conscience Clause, and a time-table which allowed the parents to withdraw their children during the hours of religious teaching. He was not able to gather from the hon. and learned Gentleman whether his Amendment would be accepted, but he invited the hon. and learned Gentleman to give it careful consideration.

Amendment proposed, "In page 4, line 14, after the word 'a' to insert the words 'public elementary.'"—( Mr. Channing.)

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

thought that there could be no objection to the insertion of these words if they were also inserted in the commencement of the Clause, but as they did not appear in the commencement they were quite unnecessary. They might have added the words in both cases, but they would only throw doubt on the construction of the Clause if the words were inserted in one place and not in the other. He hoped the hon. Member would rest content with that statement now. The matter might be brought up at a later stage.

thought the difficulty might be obviated by inserting the words "public elementary" in both cases. He would be quite willing to withdraw his Amendment now if he understood that the words would be inserted by the Government in both places on the Report stage.

said he could not give any pledge as to the words being introduced. The matter would be considered, and he would be obliged if the hon. Gentleman would bring up the point on the Report stage.

Amendment, by leave, withdrawn.

in moving the substitution of "existing at the date of the passing of this Act" for "actually in existence," asked whether the words of the Clause meant in existence at the passing of the Act or existing at some time thereafter.

said the Clause would apply to every school existing at the time the question arose.

thought in that case that the word "actually" was very much out of place. The object of the Amendment was to do something to check the enormous and unnecessary multiplication of schools which would inevitably take place if the Clause remained in its present form. The amplest safeguards for the managers of voluntary schools and the ratepayers had been already provided, and he could not conceive why it should be deemed necessary to take a large number of small schools entirely out of the discretion of the local education authority and the Board of Education as was here proposed. The provision was as uneducational as it could possibly be. It would lead to the multiplication of small schools necessarily weak in their teaching staff. The proposal was simply denominationalism in excelsis, and he was surprised the Government should have given their sanction to it. By schools being multiplied, as they undoubtedly would be under this provision, the education of the country would be rendered less efficient and more costly. Owing to the principles which had, unfortunately, been adopted in the Bill, it might be found necessary in some places and for protective purposes to establish additional schools, but he ventured to think the Government could have devised a more statesmanlike method of meeting the difficulty. It was to the interests of education and the general social interests of the community that the boys and girls in elementary schools should, as far as possible, grow up together in those schools, and not be separated into small divisions. In that way they would learn to know and respect one another better, and much bitter sectarian strife would be prevented. It would, doubtless, be said that the proposal was made for the sake of towns like Chester or Southport, where Nonconformists had no adequate representation in the schools, but the Government seemed to have adopted the policy of the Chinaman who burned down his house to roast Ins pig—because they were attempting to meet that grievance by a method which would result in the infliction of far greater educational and financial grievances. He begged to move.

Amendment moved—

"In page 4, line 14, to leave out the words 'actually in existence,' in order to insert the words 'existing at the date of the passing of this Act.'"—(Mr. Herbert Lewis.)

Question proposed, "That the words 'actually in existence' stand part of the Clause."

*

said the Government could not possibly accept an Amendment, which would stereotype the conditions existing at the time when this measure became law. With the rapid growth of population and the possible changes of denominational conditions, it would not be desirable to provide that this portion of the Clause should apply only to schools in existence at the passing of the Act. He agreed with the hon. Member as to the disastrous effect of the multiplication of small schools. Such schools should not be multiplied more than was absolutely necessary for the protection of the interests and the satisfaction of the desires of the different denominations. It had to be borne in mind, however, that the Clause referred not to the creation of new schools but to the continuance of schools actually in existence. When the question of the creation of a new school came before the Board of Education it would have to be decided according to the conditions already debated and passed, but the provision under discussion dealt only with schools actually in existence at the time the question as to whether a school was necessary or not arose. Suppose that a locality changed its denominational character and became very largely Jewish or Roman Catholic. That denomination might come forward with a proposal to provide a denominational school. Under the circumstances, and having paid regard to the matters already dealt with, the Board of Education might sanction a school of a denominational character, and there might be a withdrawal of children from a school provided by the local authority. That school, though depleted, should be allowed to continue even though the numbers were but little over thirty. For that reason it was desirable that the words should be allowed to remain as they stood, because they would prevent any injustice arising from the shifting of population and the change in the denominational character of the population. The continuance of the provision of schools varying in character was still of very great importance and necessity to many parents and children in the locality. For those reasons, on behalf of the Government, he could not accept the Amendment of his hon. friend.

said he failed entirely to agree with the arguments which his hon. friend the Secretary to the Board of Education had used in reply to the Amendment of his hon. friend.

* (5.5.)

said he could not agree with his hon. friend's defence of this Clause. The rule alluded to was in existence now, and it had not worked well at all. This proposal might mean one school entering into keen competition with another school, thus doing a great amount of injury to the education of the district What was the operation of this Clause? It tied the hands of the Board of Education. This was not a case of giving them larger powers and more iscretion, for it was simply tying their hands behind their backs compelling them to say "Notwithstanding that we have declared for twelve months past that this school is absolutely unnecessary, that it is injurious, that it is not in the interests of secular education, and has no regard for the economy of the rates, yet, inasmuch as you have secured an average attendance of thirty scholars during a period of twelve months we have no option whatever." This might injure the education of the district and be wasteful; yet, notwithstanding this, the Education Department had to recognise that school and place it upon the grant list. Could any hon. Member say that this rule had worked well in the past? Had it not been the means of compelling the Board of Education to place schools upon the grant list which they had declared to be unnecessary. Take the illustration given by his hon. friend. He had perfect power to deal with a case of that kind. Take a case where there was a change of population. Take, for example, the town of Dover and its great harbour works. Through the introduction of a great alien population at Dover the necessity would arise for the erection of schools of various kinds. The Board of Education could admit a school of ten or exclude one of 500. The right hon. Gentleman proposed now to add not a new power but to place fetters upon them by saying that Parliament had laid down that this school, having scraped together for twelve months thirty children, was bound to be maintained by being placed upon the grant list, and so long as that school continued to give efficient education to thirty scholars they could not take it off the grant list. The right hon. Gentleman was throwing away his discretionary power in adopting those words. He begged the Government to reconsider the question of these small schools before the Report stage, and see if they could not leave the absolute unfettered discretion to the Board of Education and the local authorities, and not give away their powers by fettering themselves by an unnecessary Clause of this sort. He had supported the Government all through on these two Clauses, realising that until they reached this phrase the position of the Government was unassailable, hut here they were placing a direct premium upon the erection of these small schools. It had been argued that the interests of the rates were entirely in favour of religious denominations. If they had two schools in one district accommodating thirty scholars each, when one school would accommodate the sixty, that was not in the interest of the rates or of secular instruction. Let them suppose that a Nonconformist clergyman, dissatisfied with the teaching of Church schools, manages to erect a school for thirty children, and keeps them together for twelve months, and came to the Board of Education for recognition. The Board of Education were bound to take over that school.

*

said that if at the end of twelve months such a school as he had described produced its register showing that thirty children had been in average attendance for twelve months it came within the terms of this Clause. [MINISTERIAL cries of "No, no!"] What was it then? Was there anything in the Bill which modified that procedure? Such a school would come up for an annual grant to be paid by the local authority, and as he read this Clause the Board of Education would then have no option whatever. They must take over that school of thirty scholars. He urged the Government to trust their, own Department and leave them unfettered by any rigid rule of this discription. Let them take over schools of ten children if they thought it was desirable. He could imagine places in the Welsh valleys and in Cumberland and Westmoreland, where it might be found convenient to have a small school to prevent children having to tramp four or five miles, but he thought it should be left to the Board of Education quite unfettered, and they should not be compelled to take over any school of thirty whether they liked it or not.

desired to join in the appeal made by his hon. friend to the Government to accept this Amendment, or else to drop the last three or four lines of this Clause altogether. The Secretary to the Board of Education must recognise that this Bill was a great revolution in educational matters. Schools which were actually in existence should be dealt with fairly and honourably, but they should not allow denominationalists to come forward any time after the passing of this Bill, offering their buildings, and putting them upon the rates and grant list, thus forcing upon every locality for all time these denominational schools. Up to the present, the definition given them of an existing school had meant "a school in existence at the passing of the Act, "but now they understood that it meant any time. Their greatest difficulty would arise in the small villages. The Church of England had its school in every village, and that school was now to be placed entirely upon the rates and taxes. There was great irritation already throughout the country upon this question. The people in a village would be able to say "Here is a building which we have no particular use for; we can get an average attendance of thirty, and we can have it put upon the grant list. He thought the Government proposal was highly objectionable, for the reasons urged by his hon. friend the Member for North West Ham. The Secretary to the Board of thought this difficulty would not arise, but the fact that they had a Church school established in every village would cause Nonconformists to turn every stone possible to find some means of having their own schools. All they had got to do was to bring forward the building at any date, and the Board of Education had no alternative but to say that the school was necessary, and the result must be that in many villages in Wales, and in Nonconformist districts generally there would be two schools each half empty, neither properly organised, extravagant to the locality, and educationally absurd. He appealed to the Government to drop all the words of the Clause after the word "but." or if they would not do that it should be so amended as to apply only to schools actually in existence at the passing of the Bill.

supported the appeal of his hon. friend the Member for North West Ham to omit the concluding words of the Clause. In the first place these words would impose a quite unnecessary restriction upon the Board of Education; secondly, it might very well be a hardship on the ratepayers and the local authority to maintain schools which were in fact unnecessary; thirdly, it might be a serious injury to the Board of Education to be compelled to maintain unnecessary schools; and fourthly, it might cause a false standard of necessity to be set up. Moreover, he thought that the language of the Clause they were discussing was by no means clear. If the Government thought it necessary to give protection to the small schools actually in existence, they ought to accept the Amendment.

said he had no idea that the Amendment was so important until he heard the speech was a direct invitation to every religious section of the community to try to obtain a little school with thirty scholars in it. The right hon. Gentleman mentioned two bodies not connected with the Church of England—Roman Catholics and the Jews. There were a dozen other Non-conformist bodies in this country; all of them, having regard to the invitation given them by the right hon. Gentleman, would undoubtedly set at once to try and provide their little schools. Schools of this size must be disastrous to educational efficiency and could only supply employment to teachers employed under Article 68. It would be impossible for schools of thirty scholars to engage and maintain an efficient teacher for so small a number of children. The Wesleyans had now raised a special fund of a million, and intended to devote a large portion of it to providing schools where necessary in order that the people of their faith might have a school in which their children should be taught their doctrines. If the Wesleyans in Lincolnshire, in Norfolk, in Cambridgeshire, in Cornwall, and in other counties where Wesleyanism was particularly strong, determined to have their denominational teaching at the public expense, and devoted a quarter of a million for the provision of the schools and their maintenance for one year, did the Prime Minister not see what the Clause would lead to? It would end disastrously to invite universal division in educational work. He should not have taken part in the debate but for the most alarming and revolutionary disastrous speech made by the right hon. Gentleman in his invitation. Swedenborgians, Plymouth Brethren, Congregationalists, Methodist Free Church, and a dozen other denominations would read his speech, and do their best to have their own little school and have it maintained out of public funds. It was only in the interests of sound and efficient education that the Amendment was moved.

*

said he only rose to correct an extraordinary misapprehension which the hon. Member for North West Ham appeared to be under. He appeared to think that under this Clause it would be possible for persons or bodies in some surreptitious way to foist a school on the community, and then to call on the local education authority to say that it should not be considered unnecessary, and that therefore there should be a school maintained unnecessarily at the public expense. The hon. Member seemed to have entirely forgotten what had over and over again been pointed out by the Attorney General, that we were dealing in this Clause with public elementary schools, and that the whole of Clause 9 dealt with the conditions under which public elementary schools could be established. Under that Clause, if the local authority, or any other persons, proposed to provide a new public elementary school they must get permission to do so. Where was the possibility of a little school being started with ten, fifteen or twenty children, suddenly sprung on the ratepayers, and established in that condition of permanence such as the hon. Member feared? He did hope that hon. Members would not cherish the superstition that these schools spring up unobserved and would be suddenly thrown upon the ratepayers.

said the debate had clearly shown that either the Clause was not so readily intelligible as hon. Members who had spoken for the Government seemed to suppose, or some Members of the Committee on both sides of the House were more than usually stupid. The Parliamentary Secretary had been good enough to call them superstitious, but he thought that the Clause did really seem obscure. He frankly admitted that he had had considerable difficulty in understanding it. He did not realise that the word "school," where it was first used at the beginning of the Clause did not refer to a new school. He did not see why the Clause should not be made clear as it stood. He thought the best thing by far would be to trust the Board of Education, and to omit those lines altogether. It would not mean that the Government were giving up anything they were contending for. It would only be giving a little more discretion to the Board of Education. If the Government could not take that course, he would suggest that they should take the course suggested by his hon. friend, and, at any rate, prescribe to the Board of Education that those proposing to provide a new school should comply with certain regulations. But if the Government would not have either of these courses, he would ask them to make it clear in the Bill, so that people, not having the advantage of explanations from the Attorney General, could rightly understand the meaning. The hon. Member for North West Ham had expressed himself in doubt as to what a school "actually in existence" might mean. He understood the Government contention to be that a school recognised as necessary no wand receiving a grant should not be considered unnecessary in future if it had thirty scholars.

(5.28.)

thought it should not be difficult to understand the Clause. No new school could be called into existence without due notice, full inquiry, and the sanction of the Board of Education. Therefore, every school in existence would be a necessary school. Suppose a rate-provided school was established. For some reason or another the circumstances of the district slowly changed, and there was a strong desire for a denominational school. Permission was granted for that school, and it emptied the rate-provided school of pupils whose parents preferred denominational teaching. Precisely the same thing would happen in a converse case. Suppose there was a rate-provided school started in competition with, or in the neighbourhood of the denominational school, a large number of pupils might prefer the teaching of the denominational school, and it was quite clear that it would be a burden to maintain both schools. It was evident they could not deal with machinery below a certain point. They wished that every child should have the teaching which the parents would like to give it, but there were limits, and they could not consider all the claims of that kind even with existing schools. The point was at what particular number they were to fix the limit at which the school was to cease to have a claim to public support. How far were they going to allow the process of depletion to go on so as to beat a school out of the educational ground. The number thirty had been fixed upon—a number they found buried in the Act of 1870. There was, therefore, Parliamentary sanction for it, and it seemed a reasonable number; but let it he understood at what stage they were going to kill an existing school.

said that the words were really not clear; they were incorporated from another document which had no reference to the case before the Committee now. But the Clause, as it stood, also covered the position already covered by the words of the Code. On the formation of a school, and its having obtained thirty scholars, was the Board of Education to recognise it or not? He was afraid they might all read a different interpretation of the words in the Clause. What was wanted was that the words should be made so clear that there would be only one interpretation.

said that that was the point which he strongly supported. The sort of change he wanted was to strike out the words "actually in existence" and to substitute the words "a school which has once been recognised as a public elementary school."

thought the words "a school once already recognised" had no definite meaning, but there was a form of words which would get rid of the difficulty. He suggested "a school actually in existence at the passing of this Act, or hereafter to be provided under Section 9." [Cries of "No, no."]

said that Article 80 in the Code stated "A school is not to be deemed unnecessary if at the date of the application for an annual grant it is recognised as a certified efficient school and has an average attendance of thirty scholars." He thought the insertion of these two words, "certified efficient," before school would meet the difficulty.

suggested that the words should be "a school once recognised as entitled to maintenance."

said he could not agree that the words of the Prime Minister fairly covered the case, and they should be subject to the most careful scrutiny.

said the Committee would do well to get at the form of the Amendment; he proposed there- fore, to accept it in the following shape—"A school already recognised as a public elementary school." He said he did so subject to careful consideration as to the drafting. There could be no mistake as to the policy of the Government on the point of principle.

Amendment, by leave, withdrawn.

Amendment made—

"In page 4, line 14, by leaving out the words, 'actually in existence,' and inserting the words, 'already recogidsed as a public elementary school.'"—(Mr. A. J. Balfour.)

said he did not wish to raise any lengthy discussion on his Amendment, to leave out the word "thirty" at the end of the Clause and insert "hundred." The Prime Minister had very justly observed that on any Clause of this kind arguments might be used either for increasing or diminishing the number, and he had indicated that the limitation of 30 occurred in the Code under the Act of 1870. But he submitted to the right hon. Gentleman that whatever might have been adopted with propriety in 1870 was too small a nullifier under a new administration. The First Lord had enlarged on the rights of parents, and had stated throughout that his object was, as far as possible, to secure equality by giving all parents the opportunity of getting a school in which the doctrines of their faith would be taught to their children. For himself he would have much preferred if the Bill had dealt with the new schools to be provided by the local education authority, without raising the question of existing voluntary schools. He maintained that 30 was much too limited a number and he did not propose 100 as better than 110, but because he thought it would be more convenient. He begged to move.

Amendment proposed—

"In pare 4, line 17, to leave out the word 'thirty,' and insert the words 'one hundred.'"—(Mr. Brynmor Jones.)

Question proposed '"That the word "thirty' stand part of the Clause."

said that the hon. Gentleman had put his argument very fairly. After all, however, the question was, what was a suitable number. He submitted that 100 was distinctly too large. If there .were 30 it showed that there was a sensible demand for a school. He would point out that the Clause did not say that 30 was a hard and fast limit. It was possible for a school already recognised to have a smaller number of scholars. But so long as it retained 30 it would not be struck off the list if it had once got on.

said he understood that the limit of 30 had been adopted from the Code following the Act of 1870, but the circumstances now were very different from those when that Code was drawn up. He understood from the Attorney General that the Clause might be extended by the Board of Education to schools with only ten or twelve children.

appealed to the Government to give a little consideration to this matter. His hon. friend who moved the Amendment had, he thought, gone to the other extreme by fixing the limit at 100, but a school with only 30 children, or even less, meant necessarily a very inefficient school. It was impossible for one teacher to teach children from the age of three to the age of thirteen, and from Standard I. up to Standard VII. At an earlier stage he had made a suggestion which would get over the inefficiency of small schools. In America they had adopted a system of amalgamating small schools and providing public conveyances to carry the children to the consolidated school when it was at too great a distance for them to walk. The inspectors of the American Education Department had reported how very great was the increase of efficiency by adopting a system of that kind. If such a scheme were adopted here no obstinate body of managers who preferred their own school could block the way to educational reform in the small schools. He appealed, in the cause of good education, to the Secretary to the Education Department to give them some encouragement and, if the hon. Gentleman could not agree to fix the number at 100 to accept 50 or 60. He was sorry the right hon. Member for Cambridge University was not in the House, because he knew that that right hon. Gentleman held the same views as he did on this question and had often expressed them.

*

said it seemed that this question had been considerably altered by the change of language adopted by the Government, because they had accepted the words "already recognised." The number 30 had been accepted by Parliament in the Code for thirty years, and it would be, he thought, a hardship on many schools to alter it. The point he wished to emphasise was that these schools would not be recognised and receive the grants unless they were efficient. He himself was by no means a friend of the small schools, and he had visited many of them; but at the same time, in many thinly populated districts, the children could only receive education in small schools, and there they were necessary. He thought it would be an act of injustice to abolish these small schools.

said that the argument of his hon. friend who had just sat down had been entirely nullified by the statement of the Attorney General, who had admitted that schools with only ten or twelve children ought to be maintained.

Yes, in special circumstances. The reason why they objected to 30 was that that number would prove an obstacle to consolidation. Small schools might be efficient in the sense to he entitled to receive a grant, and yet they might be far less efficient and be far less able to serve a district effectively than one large, strong school, but the amour proper of the managers might induce them to resist consolidation of the weaker schools. If they were to fix a limit it should be much higher than 30, say 60 or 70. If his hon. friend persisted in his Amendment he ought to be supported.

*

said that it had escaped the attention of hon. Members that sub-Section 2 of Clause 19 in the Act of 1870, which enabled State grants to be made to small schools where the number of children was smaller than that mentioned by the Attorney General, was not repealed by this Bill, and therefore the Board of Education would be enabled to authorise grants to these very small schools where they were necessary. He should leave the question of the limit of numbers to be absolutely elastic. He entered a protest against the insertion of any words in the Bill which would seem to raise unnecessary difficulties to the process of consolidation. He had paid many visits to the United States and had on every occasion studied the working of the school system there. The extraordinary thing was that in the most progressive State, Massachusetts, despite the great advances made by education, the total number of public elementary schools had actually diminished during the last ten years. That had been done by deliberate Act of the Legislature and the local authorities. The number of small and usually inefficient schools had been limited, and splendid buildings erected with many class-rooms, with the best possible staff and facilities for pupils being passed on to higher studies, a policy which enabled the children to obtain educational advantages which they could not have commanded in very small schools. He would much prefer if his hon. friend withdrew his Amendment limiting the number of children, or add to his Amendment words of a nature to convey what was in the minds of everyone who had considered this question, as, for instance, "or such other number as is, in the opinion of the Board of Education, consistent with efficiency of education in the district to be served." He hoped, in any case that in the administration of this Bill, if it passed into law, which he certainly hoped it would not, the hon. Gentleman who was now Secretary to the Board of Education would not encourage this fatal policy of multiplying small schools, or discourage in any way the consolidation of weak and inefficient schools into large, strong, and efficient schools.

*

said that so far the matter had been considered on the lines of rural schools. It was not alone a matter of rural schools, but a matter of how to deal with denominational schools in urban areas. In the area of Liverpool there were about twice as many voluntary schools as board schools, but less than half the children in that area were educated in them. The voluntary schools there were practically less than half the size of the board schools, school for school. In the parishes of a county city like Liverpool there would sure to be a school in connection with each parish church, and in areas of this character, where the parishes were close together and did not each occupy a large space, he thought where the two voluntary schools were in close proximity, one with a large building half empty and the other with a small building quite full, the local education authority should have power o bring all the children to the large school and close the small one. In that case there would be one large school where education would be more economically and efficiently carried on. No harm

AYES.

Agg-Gardner, James TynteChamberlain, Rt. Hon. J. (Birm.Flannery, Sir Fortescue
Agnew, Sir Andrew NoelChaplin, Rt. Hon. HenryFletcher, Rt. Hon. Sir Henry
Allhusen, Augustus H'nry EdenChapman, EdwardFlower, Ernest
Anson, Sir William ReynellCharrington, SpencerForster, Henry William
Archdale, Edward MervynClive, Captain Percy A.Foster, Philip S(Warwick, S.W.
Arkwright, John StanhopeCoclnane, Hon. Thos. H. A. E.Galloway, William Johnson
Arnold-Forster, Hugh O.Coghill, Douglas HarryGarfit, William
Arrol, Sir WilliamCohen, Benjamin LouisGibbs, Hon. Vicary (St Albans)
Atkinson, Rt. Hon. JohnCollings, Rt. Hon. JesseGodson, Sir Augustus Frederick
Bailey, James (Walworth)Colomb, Sir JohnCharlesReadyGordon, MajEvans-(T'rH'ml'ts
Bain, Colonel James RobertColston, Chas. Edw. H. AtholeGore, Hon. S. F. Ormsby-(Linc.)
Baird, John George AlexanderCompton, Lord AlwyneGorst, Rt. Hon. Sir John Eldon
Balcarres, LordCox, Irwin Edward BainbridgeGoschen, Hon. Geo. Joachim
Balfour, Rt. Hon. A.J. (Manch'rCripps, Charles AlfredGoulding, Edward Alfred
Balfour, Capt. C. B. (Hornsey)Cross, Alexander (Glasgow)Graham, Henry Robert
Balfour, Rt Hn Gerald W.(LeedsCross, Herb. Shepherd (Bolton)Gray, Ernest (West Ham)
Banbury, Frederick GeorgeCrossley, Sir SavileGreene, SirEW(B'rySEdm'nds
Bartley, George C. T.Cubitt, Hon. HenryGrenfell, William Henry
Bhownaggree, Sir M. M.Dalrymple, Sir CharlesGreville, Hon. Ronald
Bignold, ArthurDavenport, W. Bromley-Groves, James Grimble
Bill, CharlesDavies, Sir Horatio D (ChathamGuthrie, Walter Murray
Blundell, Colonel HenryDenny, ColonelHain, Edward
Bond, EdwardDewar, Sir T.R.(TowerHamletsHall, Edward Marshall
Boscawen, Arthur Griffith-Digby, John K. D. Wingfield-Halsey, Rt. Hon. Thomas F.
Boulnois, EdmundDixon-Hartland, Sir Fred DixonHambro, Charles, Eric
Bowles, Capt. H. F. (Middlesex)Dorington, Rt. Hon. Sir John E.Hanbury, Rt. Hon. Robert W m.
Bowles, T. Gibson (King's LynnDouglas, Rt. Hon. A. Akers-Harby, Laurence (Kent, Ashf'rd
Brassey, AlbertDuke, Henry EdwardHare, Thomas Leigh
Brodrick, Rt. Hon. St. JohnDyke, Rt. Hn. Sir William HartHarris, Frederick Leverton
Brown Alexander H. (Shropsh.)Faber, George Denison (York)Haslam, Sir Alfred S.
Brymer, William ErnestFardell, Sir T. GeorgeHaslett, Sir James Horner
Bull, William JamesFellowes, Hon. Ailwyn EdwardHatch, Ernest Frederick Geo.
Butcher, John GeorgeFergusson, RtHn. Sir J.(Manc'rHay, Hon. Claude George
Campbell, Rt. Hn J. A. (GlasgowFinch, George H.Heaton, John Henniker
Carew, James LawrenceFinlay, Sir Robert BannatynyHelder, Augustus
Carson, Rt. Hon. Sir Edw. H.Fisher, William HayesHenderson, Sir Alexander
Carvill, Patrick Geo. HamiltonFison, Frederick WilliamHermon-Hodge, Sir Robert T.
Cavendish, V. C. W.(DerbyshireFitzGerald, Sir Robert Penrose-Hobhouse, Henry (Somerset, E.
Cayzer, Sir Charles WilliamFitzroy, Hon. Edward AlgernonHogg, Lindsay

would be done to the denominations in the city, but there would be a great gain to education. If the proposal of the Clause as it was held good it would be in the power of the managers of a small school like this to insist upon their school remaining on the grant list and being maintained so long as there were thirty children in it. In rural areas the difficulties of distance and thinness of population no doubt justified the number of thirty, but in urban areas the number ought not to be maintained. Every Member of the House would feel that the question of putting new burdens on the ratepayers for denominational schools ought to be considered from an economical as well as a political point of view. At present it had not been considered from that point of view.

(6.3.) Question put.

The Committee divided:—Ayes, 230; Noes, 124. (Division List No. 471.)

Hope,. J. F. (Sheffield, BrightsideMore, Robt. Jasper (Shropshire)Seton-Karr, Henry
Houston, Robert PatersonMorgan, David, J(Walthamst'wSharpe, William Edward T.
Howard, John (Kent, Fav'rsh'mMorrell, George HerbertSimeon, Sir Barrington
Howard. J. (Midd, Tottenham)Morrison, James ArchibaldSinclair, Louis (Romford)
Hozier, Hon. James Henry CecilMorton, Arthur H. AylmerSmith, James Parker(Lanarks.)
Hudson, George BickerstethMount, William ArthurSpencer, Sir E. (W. Bromwich)
Jebb, Sir Richard ClaverhouseMurray, RtHn A. Graham (ButeStanley, Edward Jas. (Somerset
Jeffreys, Rt. Hon. Arthur Fred.Murray, Charles J. (Coventry)Sturt, Hon. Humphry Napier
Johnstone, HeywoodMyers, William HenryTalbot, Lord E. (Chichester)
Kemp, GeorgeNicol, Donald NinianTalbot, RtHn. J. G. (Oxf'dUniv.
Kenyon, Hon Geo. T.(Denbigh)Nolan, Col. John P. (Galway, N.)Thorburn, Sir Walter
Kenyon-Shiney, Col. W.(Salop.Orr-Ewing, Charles LindsayThornton, Percy M.
Kimber. HenryPercy, EarlTomlinson, Sir Wm. Edw. M.
King, Sir Henry SeymourPierpoint, RobertTritton, Charles Ernest
Knowles, LeesPlatt-Higgins, FrederickTufnell, Lieut.-Col. Edward
Lambton, Hon. Frederick. Wm.Plummer, Walter R.Valentia, Viscount
Law, Andrew Bonar (Glasgow)Powell, Sir Francis SharpVincent, Sir Edgar (Exeter)
Lawrence, Sir, Joseph (Monm'thPretyrnan, Ernest GeorgeWalker, Col. William Hall
Lawrence, Wm. F. (Liverpool)Pryce-Jones, Lt.-Col. EdwardWalrond, Rt,Hn, Sir William H.
Lees, Sir Elliott (Birkenhead)Purvis, RobertWanklyn, James Leslie
Legge, Col. Hon. HeneagePym C. GuyWebb, Colonel William George
Loder, Gerald Walter ErskineQuitter, Sir CuthbertWelby, Lt-Col. A.C.E (Taunton
Long, Co1. Charles W.(EveshamRandles, John S.Welby, Sir Charles G. E. (Notts.
Long, Rt. Hn. Walter(Bristol,SRankin, Sir JamesWharton, Rt. Hon. John Lloyd
Lowe, Francis WilliamRasch, Major Frederic CarneWhiteley, H (Ashton-und. Lyne
Loyd, Archie KirkmanRattigan, Sir William HenryWilliams, RtHn J Powell-(Birm
Lucas, Col. Francis (Lowestoft)Ridley, Hn. M. W. (StalybridgeWilson, J. W. (Worcestersh. N.
Lucas, Reginald J. (PortsmouthRidley, S. Forde (BethnalGreenWilson-Todd, Wm. H. (Yorks
Macdona, John CummingRitchie, Rt. Hn. Chas. ThomsonWodehouse, Rt. Hn. E. R. (Bath
M'Arthur, Charles (Liverpool)Roberts, Samuel (Sheffield)Worsley-Taylor, Henry Wilson
M'Iver, Sir Lewis (EdinburghWRobinson, BrookeWortley, Rt. Hon. C. B. Sturt-
M'Killop, James (Stirlingshire)Rothschild, Hon. Lionel WalterWylie, Alexander
Manners. Lord CecilRound, Rt. Hon. JamesWyndham, Rt. Hon. George
Maxwell, RtHn Sir H. E (Wigt'nRoyds, Clement MolyneuxWyndham-Quin, Major W. H.
Maxwell, W J H (DumfriesshireRutherford, JohnYounger, William
Meysey-Thompson, Sir H. M.Sackville, Col. S. G. (Stopford-
Middlemore, John Throgmort'nSadler, Col. Samuel AlexanderTELLERS FOR THE AYES—
Mildmav, Francis BinghamSamuel, Harry S. (Limehouse)Sir Alexander Acland-
Milner, Rt. Hn. Sir FrederickG.Saunderson, RtHn. Col. Edw. J.Hood and Mr. Anstruther.

NOES.

Allan, Sir William (Gateshead)Fuller, J. M. F.Macnamara, Dr. Thomas J.
Allen, Charles P (Glone., StroudFurness, Sir ChristopherM'Arthur, William (Cornwall)
Asquith, Rt. Hon. HerbertHenryGladstone, Rt. Hn. Herbt. JohnM'Kenna, Reginald
Atherley-Jones, L.Goddard, Daniel FordM'Laren, Sir Chas. Benjamin
Bayley, Thomas (Derbyshire)Grant, CorrieMansfield, Horace Rendall
Bell, RichardGrey. Rt. Hon. Sir E.(Berwick)Mappin, Sir Frederick Thorpe
Bolton, Thomas DollingGriffith, Ellis. J.Markham, Arthur Basil
Brigg, JohnGurdon, Sir W. BramptonMather, Sir William
Broadhurst, HenryHarcourt, Rt. Hon. Sir WilliamMellor, Rt. Hon. John William
Brown, George M. (EdinburghHarmsworth, R. LeicesterMorgan, J. Lloyd (Camarthen)
Brunner, Sir John TomlinsonHarwood, GeorgeMorley, Charles (Breconshire)
Bryce, Rt. Hon. JamesHayne, Rt. Hon. Chas. Seale-Moulton, John Fletcher
Buxton, Sydney CharlesHayter, Rt. Hn. Sir ArthurD.Newnes, Sir George
Caine, William SprostonHemphill, Rt. Hon. Charles H.Norton, Capt. Cecil William
Caldwell, JamesHolland, Sir Wm. HenryNussey, Thomas Willans
Cameron, RobertHope, John Deans (Fife,West)Palmer, Sir Charles M. (Durham
Causton, Richard KnightHorniman, Frederick JohnPartington, Oswald
Cawley FrederickHumphreys-Owen, Arthur C.Pease, J. A. (Saffron Walden)
Channing, Francis AllstonJacoby, James AlfredPerks, Robert William
Cremer, William RandalKearley, Hudson E.Philipps, John Wynford
Dalziel, James HenryKinloch, Sir John Geo. SmythPickard, Benjamin
Davies, Alfred (Carmarthen)Kitson, Sir JamesPriestley, Arthur
Dilke, Rt. Hon. Sir CharlesLabouchere, HenryRea, Russell
Dunn, Sir WilliamLambert, GeorgeReckitt, Harold James
Edwards, FrankLangley, BattyRickett, J. Compton
Ellis, John EdwardLeese, Sir JosephF (Accrington)Roberts, John Bryn (Eifion)
Emmott, AlfredLeng, Sir JohnRobertson, Edmund (Dundee)
Farquharson, Dr. RobertLevy, MauriceRobson, William Snowdon
Fenwick, CharlesLewis, John HerbertRuncinman, Walter
Fitzmaurice, Lord EdmondLloyd-George, DavidSchwann, Charles E.
Foster, Sir Walter (Derby Co.)Logan, John WilliamShackleton, David James
Fowler, Rt. Hon. Sir HenryLough, ThomasShaw, Charles Edw. (Stafford)

Shipman, Dr. John G.Thomas, F. Freeman-(HastingsWhitley, J. H. (Halifax)
Sinclair, John (Forfarshire)Thomas, J A (Glamorgan, GowerWhittaker, Thomas Palmer
Sloan, Thomas HenryToulmin, GeorgeWilliams, Osmond (Merioneth
Soames, Arthur WellesleyWallace, RobertWilson, Henry J. (York, W. R.)
Soares, Ernest J.Walton, J. Lawson (Leeds, S.)Woodhouse, SirJ T (Huddersf'd
Spencer, Rt Hn. C. R (NorthantsWarner, Thos. Courtenay T.Yoxall, James Henry
Stevenson, Francis S.Wason, Eugene
Strachey, Sir EdwardWeir, James Galloway
Thomas, Abel (Carmarthen, E.)White, George (Norfolk)TELLERS FOR THE NOES—
Thomas, Sir A. (Glamorgan, E.)White, Luke (Yuck, E. R)Mr. Brynmor Jones and
Thomas, David Alfred(MerthyrWhiteley, Geo. (York, W.R.)Mr. Herbert Roberts.

(6.18.)

rose in his place and claimed to move, "That the Question, 'That the Clause, as amended, stand part of the Bill' be now put."

AYES.

Agg-Gardner, James TynteCox, Irwin Edward BainbridgeHain, Edward
Agnew, Sir Andrew NoelCripps, Charles AlfredHall, Edward Marshall
Allhusen, AngustusH'nryEdenCross, Alexander (Glasgow)Halsey, Rt. Hon. Thomas F.
Anson, Sir William ReynellCross, Herb. Shepherd (BoltonHambro, Charles Eric
Archdale, Edward MervynCrossley, Sir SavileHanbury, Rt. Hon. Robert Wm.
Arkwright, John StanhopeCubitt, Hon. HenryHardy, Laurence(Kent, Ashf'rd
Arnold-Forster, Hugh O.Dalrymple, Sir CharlesHare, Thomas Leigh
Arrol, Sir WilliamDavenport, William Bromley-Harris, Frederick Leverton
Atkinson, Rt. Hon. JohnDavies, Sir HoratioD.(ChathamHaslam, Sir Alfred S.
Bailey, James (Walworth)Denny, ColonelHaslett, Sir James Horner
Bain, Colonel James RobertDewar, Sir T. R. (TowerHamletsHatch, Ernest Frederick Geo.
Baird, John George AlexanderDickson-Poynder, Sir John P.Hay, Hon. Claude George
Balcarres, LordDigby, John K. D. Wingfield-Heaton, John Henniker
Balfour, Rt. Hon. A.J. (Manch'rDixon-Hartland, Sir Fr'd DixonHelder, Augustus
Balfour, Capt. C. B. (Hornsey)Dorington, Rt. Hon. Sir John E.Henderson, Sir Alexander
Balfour, Rt Hn Gerald W.(LeedsDouglas, Rt. Hon. A. Akers-Hermon-Hodge, Sir Robert T.
Banbury, Frederick GeorgeDuke, Henry EdwardHobhouse, Henry(Somerset, E.
Bartley, George C. T.Dyke, Rt. Hn. Sir William HartHogg, Lindsay
Bhownaggree, Sir M. M.Faber, George Denison (York)Hope, J.F. (Sheffield, Brightside
Bignold, ArthurFardell, Sir T. GeorgeHouston, Robert Paterson
Bill, CharlesFellowes, Hon. Ailwyn EdwardHoward, John (Kent, Faversh'm
Blundell, Colonel HenryFergusson Rt HN Sir J. (Manc'rHoward, J. (Midd., Tottenham
Bond, EdwardFinch, George H.Hozier, Hon. James HenryCecil
Boscawen, Arthur Griffith-Finlay, Sir Robert BannatyneHudson, George Bickersteth
Boulnois, EdmundFisher, William HayesJebb, Sir Richard Claverhouse
Bowles, Capt. H. F. (MiddlesexFison, Frederick WilliamJohnstone, Hey wood
Brassey, AlbertFitzGerald, Sir Robert Penrose-Kemp, George
Brodrick, Rt. Hon. St. JohnFitzroy, Hon. Edward AlgernonKenyon, Hon. Geo. T. (Denbigh
Brown, Alexander H. (Shropsh.Flannery, Sir FortescueKenyon-Slaney, Col. W. (Salop
Brymer, William ErnestFletcher, Rt. Hon. Sir HenryKimber, Henry
Bull, William JamesFlower, ErnestKing, Sir Henry Seymour
Butcher, John GeorgeForster, Henry WilliamKnowles, Lees
Campbell, Rt Hn. J.A. (GlasgowFoster, Philip S (Warwick,S. W.Lambton, Hon. Frederick Wm.
Carew, James LaurenceGalloway, William JohnsonLaw, Andrew Bonar (Glasgow)
Carson, Rt. Hon. Sir Edward H.Garfit, WilliamLawrence, Sir. Joseph (Monm'th
Carvill, Patrick Geo. HamiltonGibbs, Hon. Vicary (St. AlbansLawrence, Wm F. (Liverpool)
Cavendish, V. C. W. (Derbysh'reGodson, Sir Augustus FrederickLecky, Rt. Hn. William Edw. H.
Cayzer, Sir Charles WilliamGordon, Maj Evans-(T'rH'mletsLee, Arthur H. (Hants, Farebam
Chamberlain, Rt. Hon. J.(Birm.Gore, Hn G. R. C. Ormsby-(SalopLees, Sir Elliott (Birkenhead)
Chaplin, Rt. Hon. HenryGore, Hon. S.F. Ormsby-(Line.Legge, Col. Hon. Heneage
Chapman, EdwardGorst, Rt. Hon. Sir John EldonLoder, Gerald Walter Erskine
Charrington, SpencerGoschen, Hon. (George JoachimLong, Col. CharlesW. (Evesham
Clive, Captain Percy A.Goulding, Edward AlfredLong, Rt. Hn. Walter (Bristol, S.
Cochrane, Hon. Thos. H. A. E.Graham, Henry RobertLowe, Francis William
Coghill, Douglas HarryGray, Ernest (West Ham)Loyd, Archie Kirkman
Cohen, Benjamin LouisGreene, Sir EW (Bry S Edm'ndsLucas, Col. Francis (Lowestoft
Collings, Rt. Hon. JesseGreene, Henry D. (ShrewsburyLucas, Reginald J. (Portsmouth
Colomb, Sir John Charles ReadyGrenfell, William HenryLyttelton, Hon. Alfred
Colston, Chas. Edw. H. AtholeGrevilie, Hon. RonaldMacdona, John Cumming
Compton, Lord AlwyneGroves, James GrimbleM'Iver, Sir Lewis (Edinburgh W
Cook, Sir Frederick LucasGuthrie, Walter MurrayM'Killop, James (Stirlingshire

Question put, "That the Question 'That the Clause, as amended, stand part of the Bill' be now put."

The Committee divided:—Ayes, 224; Noes, 123. (Division List No. 472.)

Malcolm, IanQuilter, Sir CuthbertTalbot, Rt. Hn. J. G (Oxf'dUniv.
Manners, Lord CecilRandles, John S.Thorburn, Sir Walter
Maxwell, W J H (DumfriesshireRankin, Sir JamesThornton, Percy M.
Meysey-Thompson, Sir H. M.Rasch, Major Frederic CarneTomlinson, Sir Wm. Edw. M.
Middlemore, J'hn ThrogmortonRattigan, Sir William HenryTritton, Charles Ernest
Mildmay, Francis BinghamRidley, Hon M.W. (StalybridgeTufnell, Lieut.-Col. Edward
Milner, Rt. Hn. Sir Frederick G.Ridley, S. Forde (Bethnal GreenValentia, Viscount
Moon, Edward Robert PacyRitchie, Rt. Hn. Chas. ThomsonVincent, Col. SirCEH(Sheffield
More, Robt. Jasper (ShropshireRoberts, Samuel (Sheffield)Vincent, Sir Edgar (Exeter)
Morgan, David J. (Walth'mst'wRobertson, Herbert (Hackney)Walker, Col. William Hall
Morrell, George HerbertRobinson, BrookeWalrond, RtHonSirWilliam H.
Morrison, James ArchibaldRothschild, Hon.Lionel WalterWanklyn, James Leslie
Morton, Arthur H. AylmerRound, Rt. Hon. JamesWebb, Colonel William George
Mount, William ArthurRoyds, Clement MolyneuxWelby, Lt-Col. A.C.E.(Taunton
Murray, Rt Hn A. Graham (ButeRutherford, JohnWelby, Sir Charles G.E.(Notts.
Murray, Charles J. (Coventry)Sackville, Col. S. G. Stopford-Wharton, Rt. Hon. John Lloyd
Myers William HenrySadler Col. Samuel. AlexanderWhiteley, H. (Asht'n und.Lyne
Nicholson, William GrahamSamuel, Harry S. (Limehouse)Williams, Rt Hn J Powell-(Birm
Nieol, Donald NinianSaunderson, Rt. Hn. Col Edw. J.Wilson, A. Stanley (York, E. R.
Nolan, Col. John P. (Galway, N.Scott, Sir S. (Marylebone, W.)Wilson-Todd, Wm. H. (Yorks.)
Orr-Ewing, Charles LindsaySeton-Karr, HenryWodehouse,. Rt. Hn.E. R.(Bath
Peel, Hn. Wm Robert WellesleySharpe, William Edward T.Worsley-Taylor, Henry Wilson
Pemberton, John S. G.Simeon, Sir BarringtonWortley, Rt. Hon. C. B. Stuart-
Percy, EarlSinclair, Louis (Romford)Wylie, Alexander
Pierpoint, RobertSmith, James Parker (Lanarks.Wyndham, Rt. Hon. George
Platt-Higgins, FrederickSpencer, Sir E. (W. BromwichWyndham-quin, Major W. H.
Plummer, Walter R.Stanley, Hon. Arthur (OrmskirkYounger, William
Powell, Sir Francis SharpStanley, Edward Jas. (Somerset
Pretyman, Ernest GeorgeStewart, Sir Mark J. M'Taggart
Pryce-Jones, Lt.-Col. EdwardStone, Sir BenjaminTELLERS FOR THE AYES.—
Purvis, RobertSturt, Hon. Humphry NapierSir Alexander Acland-
Pym, C. GuyTalbot, Lord E. (Chichester)Hood and Mr. Anstruther.

NOES.

Allan, Sir William (GatesheadGriffith, Ellis J.Norton, Capt. Cecil William
Allen, Charles P(Glone.,StroudGurden, Sir W. BramptonNussey, Thomas Willans
Asquith, Rt, Hn. Herbert HenryHarcourt, Rt. Hon. Sir WilliamPalmer, Sir Charles M. (D'rh'm
Atherley, Jones, L.Harmsworth, R. LeicesterPartington, Oswald
Bayley, Thomas (Derbyshire)Harwood, GeorgePease, J. A. (Saffron Walden)
Bell, RichardHayne, Rt. Hon. Charles Seale-Perks, Robert William
Bolton, Thomas DollingHayter, Rt. Hn. Sir Arthur D.Philipps, John Wynford
Brigg JohnHemphill, Rt. Hon. Charles H.Pickard, Benjamin
Broadhurst, HenryHolland, Sir William HenryPriestley, Arthur
Brown, George M. (EdinburghHope, John Deans (Fife, West)Reckitt, Harold James
Brunner, Sir .John TomlinsonHorniman, Frederick JohnRickett, J. Compton
Bryce, Rt. Hon. JamesHumphreys-Owen, Arthur C.Roberts, John Bryn (Eifion)
Bart, ThomasJacoby, James AlfredRoberts, John H. (Denbighs.)
Buxton, Sydney CharlesJones, David Brynmor(Swansea)Robertson, Edmund (Dundee)
Caine, William SprostonKearley, Hudson E.Robson, William Snowdon
Caldwell, JamesKinloch, Sir John George SmythRunciman, Walter
Cameron, RobertKitson, Sir JamesSchwann, Charles E.
Causton, Richard KnightLabouchere, HenryShackleton, David James
Cawley, FrederickLambert, GeorgeShaw, Charles Edw. (Stafford)
Channing, Francis AllstonLangley, BattyShipman, Dr. John G.
Cremer, William RandalLeese,Sir Joseph F. (AccringtonSinclair, John (Forfarshire)
Dalziel, James HenryLeng, Sir JohnSloan, Thomas Henry
Davies, Alfred (Carmarthen)Levy, MauriceSoames, Arthur Wellesley
Dilke, Rt. Hon. Sir CharlesLewis, John HerbertSoares, Ernest J.
Dunn, Sir WilliamLloyd-George, DavidSpencer, Rt Hn. C.R.(Northants
Edwards FrankLogan, John WilliamStevenson, Francis S.
Ellis, John EdwardLough, ThomasStrachey, Sir Edward
Emmott, AlfredMacnamara, Dr. Thomas J.Thomas, Abel (Carmarthen, E.
Farquharson, Dr. RobertM'Arthur, Charles (LiverpoolThomas, Alfred (Glamorgan, E.
Fenwick, CharlesM'Kenna, ReginaldThomas, David A. (Merthyr)
Fitzmaurice, Lord EdmondM'Laren, Sir Charles BenjaminThomas, F. Freernan-(Hastings
Foster, Sir Walter (Derby Co.Mappin, Sir Frederick ThorpeThomas, J A (Glaamorgan, Gower
Fowler, Rt. Hon. Sir HenryMarkham, Arthur BasilToulmin, George
Fuller, J. M. F.Mather, Sir WilliamWallace, Robert
Furness, Sir ChristopherMorgan, J. Lloyd (CarmarthenWalton, John Lawson (Leeds,S.
Goddard, Daniel FordMorley, Charles (Breconshire)Warner, Thomas Courtenay T.
Grant, CorrieMoulton, John FletcherWason, Eugene
Grey, Rt. Hon. Sir E. (Berwick)Newnes, Sir GeorgeWeir, James Galloway

White, George (Norfolk)Williams, Osmond (MerionethTELLERS FOR THE NOES.—
White, Luke (York, E. R.)Wilson, Henry J. (York, W.R)Mr. Herbert Gladstone and
Whiteley,George (York, W. R.Woodhouse, Sir. JT (Huddersf'dMr. William M'Arthur.
Whitley, J. H. (Halifax)Yoxall, James Henry
Whittaker, Thomas Palmer

(6.33.) Question put accordingly.

AYES.

Agg-Gardner, James TynteDenny, ColonelHoward, John (Kent, Faversh'm
Agnew, Sir Andrew NoelDewar, Sir T. R.(TowerHamletsHoward. J. (Midd., Tottenham
Allhusen, Augustns Hn'ry EdenDickson-Poynder, Sir John PHozier, Hon. James Henry Cecil
Anson, Sir William ReynellDigby, John K. D. Wingfield-Hunson, George Bickersteth
Archdale, Edward MervynDixon-Hartland, Sir Fred DixonJebb, Sir Richard Claverhouse
Arkwright, John StanhopeDorington, Rt. Hon. Sir John E.Jeffreys, Rt. Hon. Arthur Fred.
Arnold-Forster, Hugh. O.Douglas, Rt. Hon. A. Akers-Johnstone, Heywood
Arrol, Sir WilliamDuke, Henry EdwardKemp, George
Atkinson, Rt. Hon. JohnDyke, Rt Hon. Sir William HartKenyon, Hn. Geo. T. (Denbigh
Bailey, James (Walworth)Faber, George Denison (York)Kenyon-Slaney, Col. W. (Salop
Bain, Colonel James RobertFardell, Sir T. GeorgeKeswick, William
Baird, John George AlexanderFellowes, Hon. Ailwyn EdwardKimber, Henry
Balcarres, LordFergusson Rt Hn. Sir J (Manc'rKing, Sir Henry Seymour
Balfour, Rt. Hon. A.J.(Manch'rFinch, George H.Knowles, Lees
Balfour, Capt. C. B. (Hornsey)Finlay, Sir Robert BannatyneLambton, Hon. Frederick Wm.
Balfour, Rt Hn Gerald W (LeedsFisher, William HayesLaw, Andrew Bonar (Glasgow
Banbury, Frederick GeorgeFison, Frederick WilliamLawrence, Sir Joseph (Monm'th
Bartley, George C. T.FitzGerald, Sir Robert Penrose-Lawrence, Win. E. (Liverpool)
Beckett, Ernest WilliamFitzroy, Hon. Edward AlgernonLecky, Rt Hon. William Edw. H
Bhownaggree, Sir M. M.Flannery, Sir FortecueLee, Arthur H (Hants, Fareham
Bignold, ArthurFletcher, Rt. Hon. Sir HenryLees, Sir Elliott (Birkenhead)
Bill, CharlesFlower, ErnestLegge, Col. Hon. Heneage
Blundell, Colonel HenryForster, Henry WilliamLoder, Gerald Walter Erskine
Bond, EdwardFoster, Philip S.(Warwick,S.WLong, Col. Charles W. (Evesham
Boscawen, Arthur Griffith-Galloway, William JohnsonLong, Rt. Hon Walter(Bristol, S
Boulnois, EdmundGarfit, WilliamLowe, Francis William
Bowles, Capt. H. F. (MiddlesexGibbs, Hon. Vicary (St.Albans)Loyd, Archie Kirkman
Brassey, AlbertGodson, Sir Augustus FrederickLucas, Col. Francis (Lowestoft
Brodrick, Rt. Hon. St. JohnGordon, Maj Evans-(T'rH'ml'tsLucas, Reginald J. (Portsmouth
Brown, Alexander H. (Shropsh.Gore, Hn. G R. C. Ormsby-(SalopLyttelton, Hon. Alfred
Brymer, William ErnestGore, Hon. S. F. Ormsby-(Linc.Macdona, John Cumming
Bull, William JamesGorst, Rt. Hon. Sir ,John EldonM'Iver, Sir Lewis (Edinburgh W
Butcher, John GeorgeGoschen, Hon. George JoachimM'Kiliop James (Stirlingshire)
Campbell, Rt Hon J A (Glasg'wGoulding Edward AlfredMalcolm, Ian
Carew, James LaurenceGraham, Henry RobertManners, Lord Cecil
Carson, Rt. Hn. Sir Edw. H.Gray, Ernest (West Ham)Maxwell, Rt Hn Sir H E. (Wigt'n
Carvill, Patrick Geo. HamiltonGreene, Sir E W(B'ry S Edm'ndsMaxwell, WJH (Dumfriesshire
Cavendish, V.C.W.(DerbyshireGreene, Henry D.(Shrewsbury)Meysey-Thompson. Sir H. A.
Cayzer, Sir Charles WilliamGrenfell, William HenryMildmay, Francis Bingham
Cecil., Evelyn (Aston Manor)Greville, Hon. RonaldMilner, Rt. Hon. Sir Frederick G
Cecil, Lord Hugh (Greenwich.Groves, James GrimbleMoon, Edward Robert Pacy
Chamberlain, Rt. Hon. J.(Birm)Guthrie, Walter MurrayMore, Robt. Jasper (Shropshire)
Chapman, EdwardHain, EdwardMorgan, David J. (Walth'mst'w
Charrington, SpencerHall, Edward MarshallMorrell, George Herbert
Clive, Captain Percy A.Halsey, Rt. Hon. Thomas F.Morrison, James Archibald
Cochrane, Hon. Thos. H. A. E.Hambro, Charles EricMorton, Arthur H. Aylmer
Coghill, Douglas HarryHanbury, Rt. Hn. Robert WmMount, William Arthur
Cohen, Benjamin LouisHardy,Laurence(Kent,Ashf'rdMowbray, Sir Robert Gray C.
Collings, Rt. Hon. JesseHare, Thomas LeighMurray, Rt Hn A. Graham(Bute
Colomb, Sir John Charles ReadyHarris, Frederick LevertonMurray, Charles J. (Coventry)
Colston Charles Edw. H. AtholeHaslam, Sir Alfred S.Myers, William Henry
Compton, Lord AlwyneHaslett, Sir James HornerNicholson, William Graham
Cook, Sir Frederick LucasHatch, Ernest Frederick Geo.Nicol, Donald Ninian
Cox, Irwin Edward BainbridgeHay, Hon. Claude GeorgeNolan, Col. John P. (Galway, N.)
Cripps, Charles AlfredHeaton, John HennikerOrr-Ewing, Charles Lindsay
Cross, Alexander (Glasgow)Helder, AugustusPeel, HnWm. Robert Wellesley
Cross, Herb. Shepherd (Bolton)Henderson, Sir AlexanderPemberton, John S. G.
Crossley, Sir SavileHermon-Hodge, Sir Robert T.Percy, Earl
Cubitt, Hon. HenryHolhousee, Henry (Somerset,E.Pierpoint, Robert
Dalrymple, Sir CharlesHogg, LindsayPlatt-Higgins, Frederick
Davenport, William Bromley-Hope, J.F.(Sheffield, BrightsidePlummer, Walter R.
Davies, Sir Horatio D,(ChathamHouston, Robert PatersonPowell, Sir Francis Sharp

The Committee divided:—Ayes, 250; Noes, 126. (Division List No. 473.)

Pretyman, Ernest GeorgeScott, Sir S. (Marylebone, W.)Walrond, Rt. Hn. Sir Wm. H.
Pryce-Jones, Lt.-Col. EdwardSeton-Karr, HenryWanklyn, James Leslie
Purvis, RobertSharpe, William Edward T.Webb, Col. William George
Pym, C. GuySimeon, Sir BarringtonWelby, Lt.-Col. A.C.E (Taunton
Quilter, Sir CuthbertSinclair, Louis (Rounford)Welby, Sir Charles G. E. (Notts.
Randles, John S.Smith, James Parker(Lanarks.)Wharton, Rt. Hn. John Lloyd
Rankin, Sir JamesSmith, Hon. W. F. D. (Strand)Whiteley, H. (Ashton und. Lyne
Rasch, Major Frederic CarneSpencer, Sir E. (W. Bromwich)Williams, Rt Hn J Powell-(Birm
Rattigan, Sir William HenryStanley, Hn. Arthur (Ormskirk)Wilson, A. Stanley (York, E.R.)
Ridley, Hon. M.W.(StalybridgeStanley, Edward. Jas. (SomersetWilson-Todd, Wm. H. (Yorks.)
Ridley, S. Forde (Bethnal Green)Stewart, Sir Mark J. M'TaggartWodehouse, Rt. Hn, E.R.(Bath)
Ritchie, Rt.Hn.Chas.ThomsonStone, Sir BenjaminWorsley-Taylor, Henry Wilson
Roberts, Samuel (Sheffield)Sturt, Hon. Humphry NapierWortley, Rt. Hon. C.B. Stuart-
Robertson, Herbert (Hackney)Talbot, Lord E. (Chichester)Wylie, Alexander
Robinson, BrookeTalbot, Rt.Hn.J.G.(Oxf'd UnivWyndham, Rt. Hon. George
Rothschild, Hon. Lionel WalterThorburn, Sir WalterWyndham-Quin, Major W. H.
Round, Rt. Hon. JamesThornton, Percy M.Younger, William
Royds, Clement MolyneuxTomlinson, Sir Wm. Edw. M.
Rutherford, JohnTritton, Charles Ernest
Sackville, Col. S. G. Stopford-Tufnell, Lieut.-Col. EdwardTELLERS FOR THE AYES—
Sadler, Col. Samuel AlexanderValentia, ViscountSir Alexander Acland-
Samuel, Harry S. (Limehouse)Vincent, Sir Edgar (Exeter)Hood and Mr. Anstruther.
Saunderson, Rt. Hn. Col. Edw. JWalker, Col. William Hall

NOES.

Allan, Sir William (GatesheadHayter, Rt. Hon, Sir Arthur D.Rickett, J. Compton
Allen, Charles P.(Gloue., StroudHemphill, Rt. Hon. Charles H.Roberts, John Bryn (Eifion)
Asquith, Rt Hn. Herbert HenryHolland, Sir William HenryRoberts, John H. (Denbighs.)
Atherley-Jones, L.Hope, John Deans (Fife, West)Robertson, Edmund (Dundee)
Bayley, Thomas (Derbyshire)Horniman, Frederick JohnRobson, William Snowdon
Bell, RichardHumphreys-Owen, Arthur C.Runciman, Walter
Bolton, Thomas DollingHutton, Alfred E. (Modey)Schwann, Charles E.
Brigg, JohnJacoby, James AlfredShackleton, David James
Broadhurst, HenryJones, David Brymnor(Sw'nscaShaw, Charles Edw. (Stafford)
Brown, Geo. M. (Edinburgh)Kearley, Hudson E.Shipman, Dr. John G.
Brunner, Sir John TomlinsonKinloch, Sir John Geo. SmythSinclair, John (Forfarshire)
Bryce, Rt. Hon JamesKinson, Sir JamesSloan, Thomas Henry
Burt, ThomasLabouchere, HenrySoames, Arthur Wellesley
Buxton, Sydney CharlesLambert, GeorgeSoares, Ernest J.
Caine, William SprostonLangley, BattySpencer, Rt Hn C.R.(Northants
Caldwell, JamesLeese, Sir Joseph F. (AccringtonStevenson, Francis S.
Cameron, RobertLeng, Sir JohnStrachey, Sir Edward
Causton, Richard KnightLevy, MauriceThomas, Abel (Carmarthen,E.
Cawley, FrederickLewis, John HerbertThomas, Sir A.(Glamorgan,E.
Channing, Francis AllstonLloyd-George, DavidThomas David Alfred(Merthyr
Cremer, William RandalLogan, John WilliamThomas, F. Freeman-(Hastings
Dalziel, James HenryLough, ThomasThomas, J A (Gl'morgan, Gower
Davis, Alfred (Carmarthen)Macnamara, Dr. Thomas J.Toulmin, George
Dilke, Rt. Hon.. Sir CharlesM'Arthur, Charles (Liverpool)Wallace, Robert
Dunn, Sir WilliamM`Kenna, ReginaldWalton, John Lawson(Leeds,S.
Edwards, FrankM`Laren, Sir Reginald BenjaminWarner, Thomas Courtenay T.
Ellis, John EdwardMansfield, Horace RendallWason, Eugene
Emmott, AlfredMappin, Sir Frederick ThorpeWeir, James Galloway
Farquharson, Dr. RobertMarkham, Arthur BasilWhite, George (Norfolk)
Fenwick, CharlesMather, Sir WilliamWhite, Luke (York, E.R.)
Fitzmaurice, Lord EdmondMorgan, J. Lloyd (Carmarthen)Whiteley, George (York, W. R.
Foster, Sir Walter (Derby Co.)Morley, Charles (Breconshire)Whitley, J. H (Halifax)
Fowler, Rt. Hon. Sir HenryMoulton, John FletcherWhittaker, Thomas Palmer
Fuller, J. M. F.Newnes, Sir GeorgeWilliams, Osmond (Merioneth)
Furness, Sir ChristopherNorton, Capt. Cecil WilliamWilson, Fred. W. (Norfolk, Mid.
Goddard, Daniel FordNussey, Thomas WillansWilson, Henry J. (York, W. R.)
Grant, CorriePalmer, Sir Charles M.(DurhamWoodhouse, Sir J T (Huddersf'd
Grey, Rt. Hon. Sir E. (Berwick)Partington, OswaldYoxall, James Henry
Griffith, Ellis J.Pease, J A. (Saffron Walden)
Gurdon, Sir W. BramptonPerks, Robert William
Harcourt, Rt. Hon. Sir WilliamPhilipps, John WynfordTELLERS FOR THE NOES—
Harmsworth, R. LeicesterPickard, BenjaminMr. Herbert Gladstone
Harwood, GeorgePriestley, Arthurand Mr. William M`Arthur.
Hayne, Rt. Hon. Charles Seale-Reckitt, Harold James

Clause, as amended, agreed to

Clause 11:—

(6.48.)

moved to insert after "authority," in line 1, the words, "or any body of managers." He said the object of the Clause was to give the Board of Education the power of compelling the local education authority to carry out its duties. He thought other bodies on whose shoulders responsibilities rested should also be compelled to do their part.

I do not think it will do to propose such an Amendment here. That matter has already been discussed on Clause 8, sub-Section (a), and if the managers fail to carry out their duties under this Act certain things are to happen. The Committee have considered that case and laid down what is to happen.

said that if any persons other than the local education authority proposed to provide a new public elementary school and failed to carry out their proposal, the Board of Education should have power to compel them to do so. The Amendment was therefore in order.

What does that matter? I understand that other persons can come forward and say that they are prepared to provide a new school, but that is not a duty under the Elementary Education Acts. Therefore it would not be right to insert these words in the way proposed. I do not say the proposal of the hon. Member is not a proper one to make; far from it. What I say is that you cannot assume that persons other than the local education authority have certain duties under the Elementary Education Acts. Of course they have not.

said that under Clause 8 certain consequences were to follow if the managers did not perform their duties, but did that exclude their being subject to another penalty? The local education authority were subject to mandamus.

said that a mandamus was not given as a remedy if there existed another remedy. Under Clause 8, if the managers failed to discharge their duties, the local education authority were, in addition to their other powers, to have power to carry out the original intention as if they were managers.

submitted that it would be very much more convenient if the managers carried out the duty under mandamus than if the local authority-did it.

submitted that the hon. Member was not entitled to bring in. the words here with reference to Clause 9, which was perfectly explicit. If the managers did not carry out their undertaking to provide a school the Board of Education might require them to do it, but that would rest between them and the Board.

Amendment, by leave, withdrawn.

moved an Amendment, with the object of making it quite clear that failure on the part of the local authority to provide the necessary additional school accommodation was to be brought under the sanction of a mandamus, which was to issue if the local authority in any respect failed in its duty. It would he impossible for the Board of Education to come down upon a County Council and say that they proposed to substitute persons of their own nomination for the purpose of providing the elementary school accommodation which the area required, and so this failure to provide school accommodation must, in correspondence with other failures by the local authority, be brought under the sanction of a mandamus.

Amendment proposed—

"In page 4, line 20, after the word 'Act,' to insert the words 'or fail to provide such additional public school accommodation as is in the opinion of the Board of Education necessary.'"—(Sir William Anson.)

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

(7.0.)

said it would be interesting if the Attorney General would give the Committee information as to what was going to happen under a mandamus. If the County Councils were not to be the judges of what accommodation was required for secular education it was possible, indeed it was highly probable, that some of the Councils would say that they would not apply the rates to the purposes which formed the subject of a mandamus. That would be dealing with the rates in a manner which he thought would be disadvantageous to education. Of course the promoter, who might be called the executive officer, would be the Secretary to the Board of Education. He really thought that these great local education authorities should be warned beforehand, so that they might understand how the Secretary in London was going to prosecute them and for what. Was the Attorney General going to prosecute them in cases where they appropriated the rates in a manner which they thought would be advantageous to the ratepayers? He thought that all that should be made clear before mandamus.

said that the procedure by mandamus, where local authorities were concerned, was quite clear. The right hon. Gentleman must be aware that there was a procedure of mandamus in the Public Health Act by which the local authority was, for instance, compelled to carry out a scheme of drainage. The modus operandi was this. Those members of a local authority who refused to perform their statutory duties were liable to be proceeded against; and if they disputed the mandamus, then it might be enforced against their person and property. The remedy was against those who were guilty of disregarding the injunction which was laid upon them. He did not in the slightest degree agree with the observation of the right hon. Gentleman as to the position of the local authority in the Bill.

said that this was a very necessary matter, but it seemed to him that there was some little conflict between the Clause proposed by the Secretary to the Board of Education and Section 18 of the Act of 1870. The Clause said that if the local education authority failed to fulfil any of their duties, etc., the Board of Education might, after holding a public inquiry, make such order as they thought necessary, etc. But the Act of 1870 said that the Board of Education was only to proceed if the School Board "failed from time to time" to provide such additional accommodation as was necessary. In order that there might not be conflicts in the courts of law the Attorney General should consider whether the words unrepealed under the Act of 1870 should not be struck out.

said he thought that the effect of the words in the Clause would be to over-ride the Section of the Act of 1870 referred to by the hon. Gentleman, but the point would be fully considered, and, if it was found desirable to modify the Clause, that could be done at a later stage.

said he wished to move as an Amendment to the Amendment the insertion after the word "authority" of the words, "or other persons mentioned in Section 9." By Clause 9, not only the education authority, but "any other persons" might propose to provide a new public elementary school. By the Amendment of the Secretary to the Board of Education, the Department would have power to compel the local authority to provide the school if they failed in that duty, but there was no power to compel those "other persons" to carry out their proposal. Other persons ought not to be allowed to come up and offer to provide a school, and having stopped the local authority from carrying their scheme, to say six months afterwards, "We are sorry we have not found the money and cannot go on with our proposed school." He maintained that if the Board of Education, having determined that a proposed new school was necessary, and those other persons having defeated the local authority, they should be compelled to carry out their proposal.

Amendment proposed to the proposed Amendment—

"After the word 'or,' to insert the words, 'if the local education authority or other persons under Section 9.'"—(Mr. M'Kenna.)

Question proposed, "That those words be there inserted in the proposed Amendment."

said that the Amendment was not one that could possibly be accepted. It was barely intelligible, and even if it were capable of being understood at all, it would not be flattering to the intelligence of the Committee if they adopted it.

*

said the Committee had got into trouble because they had been closured last night, and again today. The great danger of Clause 9 was that there would be paper promises which would prevent the real operation of the Section. These paper undertakings would not be kept. The proper way of dealing with the point was by the Amendment of the hon. Member for Liverpool, the discussion of which was stopped by the closure. It could not be raised again now, and therefore they were forced to try and adopt a less desirable Amendment.

said that the Amendment of the Government dealt with those who failed to provide sufficient accommodation. If the local authority failed to provide sufficient accommodation they were to be punished, but if the managers proposed to afford additional accommodation in their own schools, and failed, they were let go scot-free. It was assumed that the managers had no duties, only privileges. They could compel the authority to give them the rates and Parliamentary grants, but the moment they came to the local authority or the Board of Education it was said that they had no reciprocal duty at all. What his hon. friend proposed was that if the Board of Education

AYES.

Allan, SirWilliam (Gateshead)Bayley, Thomas (Derbyshire)Brown, George M. (Edinburgh)
Allen, Charles P(Glouc., StroudBolton, Thomas DollingBrunner, Sir John Tomlinson
Asquith, Rt Hon Herbert HenryBrigg, JohnBryce, Rt. Hon. James
Atherley-Jones, L.Broadhurst, HenryBurns, John

directed that the managers should increase the school accommodation, and make it more satisfactory, and they refused to carry out that order, they should be subject to the same liability as the local education authority. If the local education authority refused to carry out the direction of the Board of Education they could be sent to Holloway gaol. Why not those other persons, the managers? Why should not they mandamus the clergyman of the parish? It was because he was a privileged person. This was another illustration of the way in which one section was favoured at the expense of another. How could hon. Members defend this discrimination between the denominational managers and the local authority? If the managers had duties under the Act, why should they not be compelled to perform them? The only answer was that they could withdraw the grants and close the denominational schools. But they could also withdraw the grants and close the schools of the local authority, and why should not that be sufficient for the latter as well as for the former? There was one law for the sectarian school, and another for the local authority; mandamus for representatives of the people, Holloway prison for the County Council, but none for the clerical manager. He objected to this and to the whole thing, because he maintained that the principle was had to discriminate in favour of a privileged sect rather than in favour of the ratepayers.

said he thought it was due to the Committee that the Attorney General should tell them if he would either now, or in some other place, provide against the danger which had been shown by his hon. friend to exist. The difficulty described by the hon. Member for North Camberwell was a real one, and a hindrance to the progress of education.

(7.18.) Question put.

The Committee divided:—Ayes, 116; Noes, 243. (Division List, No. 474.)

Burt, ThomasKitson, Sir JamesRunciman, Walter
Buxton, Sydney CharlesLambert, GeorgeSchwann, Charles E.
Caine, William SprostonLangley, BattyShackleton, David James
Caldwell, JamesLeese, Sir Joseph F.(AccringtonShaw, Charles Ed W. (Stafford)
Cameron, RobertLeng, Sir JohnShipman, Dr. John G.
Causton, Richard KnightLevy, MauriceSinclair, John (Forfarshire)
Cawley, FrederickLewis, John HerbertSloan, Thomas Henry
Channing, Francis AllstonLloyd-George, DavidSoames, Arthur Wellesley
Cremer, William BandalLogan, John WilliamSoares, Ernest J.
Davies, Alferd (Carmarthen)Lough, ThomasSpencer, Rt Hn C R.(Northants)
Dilke, Rt. Hon. Sir CharlesMacnamara, Dr. Thomas J.Stevenson, Francis S.
Dunn, Sir WilliamM'Arthur, William (Cornwall)Strachey, Sir Edward
Edwards, FrankM'Laren, Sir Charles BenjaminThomas, Abel (Carmarthen, E.)
Emmott, AlfredMansfield, Horace RendallThomas, Sir A. (Glamorgan, E.)
Farquharson, Dr. RobertMather, Arthur BasilThomas, David Alfred (Merthyr
Fenwick, CharlesMather, Sir WilliamThomas, J A (Glam'rgan, Gower
Fergnson, R. C. Munro (Leith)Morgan, J. Lloyd (Carmarthen)Toulmin, George
Foster, Sir Walter (Derby Co.)Morley, Charles (Breconshirc)Wallace, Robert
Father, J. M. F.Newnes, Sir GeorgeWalton, John Lawson (Leeds.S)
Gladstone. Rt Herbert JohnNorman, HenryWarner, Thomas Courtenay T.
Goldard, Daniel FordNorton, Capt. Cecil WilliamWason, Eugene
Grant, CorrieNussey, Thomas WillansWeir, James Galloway
Grey, Rt. Hon. Sir E. (Berwick)Palmer, Sir Charles M.(DurhamWhite, George (Norfolk)
Griffith, Ellis J.Partington, OswaldWhite, Luke (York, E. R.)
Gurdon, Sir W. BramptonPease, J. .N. (Saffron WaldenWhiteley, George (York, W.R.)
Harmsworth. R. LeicesterPerks, Robert WilliamWhitley, J. H. (Halifax)
Harwood, GeorgePhililpps, John WynfordWhittaker, Thomas Palmer
Hayne, Rt. Hon. Charles Seale-Pickard, BenjaminWilliams, Osmond (Merioneth)
Hayter, Rt. Hon. Sir Arthur D.Priestly, ArthurWilson, Fred. W. (Norfolk, Mid
Hemphill. Rt. Hon. Charles H.Rea, BussellWilson, Henry J. (York, W. R.
Holland, Sir William HenryReckitt, Harold JamesWoodhouse, Sir J T. (Huddersf'd
Hope, John Deans (Fife, West)Rickett, J. ComptonYoxall, James Henry
Horniman, Frederick JohnRoberts, John Bryn (Eifion)
Humphreys-Owen, Arthur C.Roberts, John H. (Denbighs)TELLERS FOR THE AYES—
Hutton, Alfred F. (Morley)Robertson, Edmund (Dundee)Mr. M'Kenna and Mr.
Jacoby, James AlfredRobson, William SnowdonBrynmor Jones

NOES.

Agg-Gardner, James TynteCayzer, Sir Charles WilliamFardell, Sir T. George
Agnew. Sir Andrew NoelCecil, Evelyn (Aston Manor)Fellowes, Hon. Ailwyn Edward
Aillmsen, Angustu, Hendry EdenCecil, Lord Hugh (Greenwich)Fergusson, Rt Hn. Sir J. (Manc'r
Anson, Sir William ReynellChamberlain, Rt. Hon. J.(Brim.Finch, George H
Archdale, Edward MervynChapman, EdwardFinlay, Sir Robert Bannatyne
Arkwright, John StanhopeCharrington, SpencerFisher, William Hayes
Arnold-Forster, Hugh O.Clare, Octavius LeighFison, Frederick William
Arrol, Sir WilliamClive, Captain Percy A.FitzGerald, Sir Robert Penrose-
Atkinson, Rt. Hon. JohnCochrane, Hon. Thos. H.A. E.Fitzroy, Hon Edward Algernon
Baiy, James (Walworth)Coghill, Douglas HarryFlannery, Sir Fortescue
Bain, Colonel James RobertCohen, Benjamin LouisFletcher, Rt. Hon. Sir Henry
Baird, John George AlexanderCollings, Rt. Hon. JesseFlower, Ernest
Balcarres, LordColomb, Sir John Charles ReadyForster, Henry William
Balfour, Rt. Hon, A.J.(Manch'rColston, Chas. Edw. H. AtholeFoster, Philip S (Warwick, S.W
Balfour, Capt. C. B. (Hornsey)Compton, Lord AlwyneGalloway, William Johnson
Balfour, RtHn GeraldW (LeedsCook, Sir Frederick LucasGarfit, William
Babury, Frederick GeorgeCox, Irwin Edward BainbridgeGibbs, Hon. Vicary (St.Albans)
Barley, George C. T.Cranborne, ViscountGodson, Sir Augustus Frederick
Beckett, Ernest WilliamCripps, Charles AlfredGordon Maj Evans-(T'rH'mlets
Bhownaggree, Sir M. M.Cross, Alexander (Glasgow)Gore, Hn G.R.C. Ormsby-(Salop
Bignold, ArthurCross, Herb. Shepherd (Bolton)Gore, Hon. S.F. Ormsby-(Linc.
Bill, CharlesCrossley, Sir ServileGorst, Rt. Hon. Sir John Eldon)
Blundell, Colonel HenryCubitt, Hon. HenryGoschen, Hon. George Joachum
Bond, EdwardCust, Henry John C.Goulding, Edward Alfred
Bwen, Arthur Griffith-Dalrymple, Sir CharlesGraham, Henry Robert
Bowles, Capt. H. F. (Middlesex)Davenport, William Bromley-Gray, Ernest (West Ham)
Bowles, T. Gibson (King's LynnDavies, Sir HoratioD(ChathamGreene, Sir E W (B'ryS Edm'nds
Brassey, AlbertDenny, ColonelGreene, Henry D.(Shrewsbury
Brodrick, Rt. Hon, St. JohnDewar, Sir T.R. (Tower HamletsGrenfell, William Henry
Brown, Alexander H.(Shropsh.Dickson-Poynder, Sir John P.Greville, Hon. Ronald.
Brymer, William ErnestDigby, John K. D. Wingfield-Groves, James Grimble
Bull, William JamesDixon-HartlandSirFredDixonGuthrie, Walter Murray
Butcher, John GeorgeDorington, Rt. Hon. Sir John E.Hain, Edward
Carew, James LaurenceDouglas, Rt. Hon. A. Akers-Hall, Edward Marshall
Carson, Rt. Hon. Sir Edw. H.Duke, Henry EdwardHalsey Rt. Hon. Thomas F.
Cavendish, V.C.W.(DerbyshireFaber, George Denison (YorkHanbury, Rt. Hon. Robert Wm.

Hardy, Laurence (KentAshfordMaxwell, W J H (DumfriesshireSamuel, Harry S. (Limehouse)
Hare, Thomas LeighMeysey-Thompson, Sir H. M.Saunderson, Rt. Hn. Col. Edw. J
Harris, Frederick LevertonMilner, Rt. Hn. Sir Frederick GScott, Sir S. (Marylebone, W.)
Haslam, Sir Alfred S.Moon, Edward Robert PacySharpe, William Edward T.
Hatch, Ernest Frederick Geo.More, Robt. Jasper (Shropshire)Simeon, Sir Barrington
Heaton, John HennikerMorgan, DavidJ (Walth'mst'wSinclair, Louis (Romford)
Helder, AugustusMorrell, George HerbertSmith, James Parker (Lanark)
Henderson, Sir AlexanderMorrison, James ArchibaldSmith, Hon. W. F. D. (Strand
Hermon-Hodge, Sir Robert T.Morton, Arthur H. AylmerSpencer, Sir E. (W. Bromwich
Hogg, LindsayMount, William ArthurStanley, Hon. Arthur(Ormskirk
Hope, J.F. (Sheffield, BrightsideMowbray, Sir Robert Gray C.Stanley, Edward Jas.(Somerset
Howard, John (Kent, Faversh'mMurray, Rt Hn A Graham (ButeStewart, Sir Mark J. M'Taggart
Howard, J. (Midd., TottenhamMurray, Charles J. (CoventryStone, Sir Benjamin
Hozier, Hn. James Henry CecilMyers, William HenrySturt, Hon. Humphry Napier
Hudson, George BickerstethNicholson, William GrahamTalbot, Lord E. (Chichester)
Jebb, Sir Richard ClaverhouseNicol, Donald NinianTalbot Rt. Hn. J.G. (Oxf'd.Univ
Jeffreys, Rt. Hn. Arthur Fred.Nolan, Col. John P.(Galway,N.Thornton, Percy M.
Johnstone, HeywoodOrr-Ewing, Charles LindsayTomlinson, Sir Wm. Edw. M.
Kemp, GeorgeParker, Sir GilbertTritton, Charles Ernest
Kenyon, Hon. Geo. T. (DenbighPeel, Hn. Wm. Robt. WellesleyTufnell, Lieut.-Col. Edward
Kenyon-Slaney, Col. W.(SalopPemberton, John S. G.Valentia, Viscount
Keswick, WilliamPercy, EarlVincent, Col. Sir CEH(Sheffield
Kimber, HenryPierpoint, RobertWalker, Col. William Hall
King, Sir Henry SeymourPlatt-Higgins, FrederickWalrond, Rt. Hn. Sir William H
Knowles, LeesPlummer, Walter R.Wanklyn, James Leslie
Lambton, Hon. Frederick Wm.Powell, Sir Francis SharpWebb, Colonel William George
Law, Andrew Bonar (GlasgowPretyman, Ernest GeorgeWelby, Lt.-Col. A.C.E.(Taunt'n
Lawrence, Sir Joseph (Monm'thPryce-Jones, Lt.-Col. EdwardWelby, Sir Charles G. E. (Notts.
Lawrence, Wm. F. (LiverpoolPurvis, RobertWharton, Rt. Hon. John Lloyd
Lecky, Rt. Hn. William Edw. HPym, C.GuyWhiteley, H. (Ashtonund. Lyne
Lee, Arthur H(Hants, FarehamQuilter, Sir CuthbertWilliams, RtHnJ Powell-(Birm
Lees, Sir Elliott (Birkenhead)Rankin, Sir JamesWilliams, Colonel Rt. (Dorset)
Legge, Col. Hon. HeneageRasch, Major Frederic CarneWillox, Sir John Archibald
Leigh-Bennett, Henry CurrieRattigan, Sir William HenryWilson, A. Stanley (York, E.R.)
Loder, Gerald Walter ErskineRemnant, James FarquharsonWilson-Todd, Wm. H. (Yorks.)
Long, Col. Charles W (Eversh'mRidley, Hon. M. W (StalybridgeWodehouse, Rt. Hn. E. R. (Bath
Long, Rt. Hn. Walter(Bristol, S.Ridley, S. Forde (Bethnal GreenWorsley-Taylor, Henry Wilson
Lowe, Francis WilliamRitchie, Rt. Hn. Chas. ThomsonWortley, Rt. Hon. C. B. Stuart-
Loyd, Archie KirkmanRoberts, Samuel (Sheffield)Wyndham, Rt. Hon. George
Lucas, Col. Francis(Lowestoft)Robertson, Herbert (Hackney)Wyndham-Quin, Major W.H.
Lucas, Reginald J.(PortsmouthRobinson, BrookeYounger, William
Lyttleton, Hon. AlfredRothschild, Hn Lionel Walter
Macdona, John CummingRound, Rt. Hon. James
M'Iver, Sir Lewis (EdinburghWRoyds, Clement MolyneuxTELLERS FOR THE NOES—
M'Killop, James (StirlingshireRutherford, JohnSir Alexander Acland-
Malcolm, IanSackville, Col. S. G. Stopford-Hood and Mr. Anstruther.
Manners, Lord CecilSadler, Col. Samuel Alexander

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

It being after half-past Seven of the clock, and objection being taken to further proceeding, the Chairman left the Chair to make his Report to the House.

Committee report Progress; to sit again this evening.

Evening Sitting

Supply — Motion To Set Up Committee To Consider Vote For South Africa

(9.0.)

In moving that the House do tomorrow, at 9 o'clock, resolve itself into Committee of Supply is my duty to inform the House, as a Minister of the Crown, that exceptional circumstances have arisen which render it necessary for the Crown to apply to the House for a further grant in Committee of Supply, to the amount of eight millions, the Estimates for which I have laid on the Table of the House. As the House will no doubt know, the proposal which I make is one of a very exceptional character, and can only be justified by very exceptional circumstances. The exceptional circumstances which have arisen, calling for this exceptional proceeding on our part, are connected with the terms of surrender which were arranged at the conclusion of the war with the Boer leaders. One of these terms was that there should be an amount of three millions sterling given to the Boers for purposes of repatriation and certain other purposes named in the terms of surrender. Now, I think it may be very fairly said in regard to this matter, why—if this was so—was not a Vote for the purpose proposed at the ordinary time when the Estimates were taken, before Committee of Supply was closed, and before the Appropriation Bill was introduced? Well, the reason why we did not propose this Vote at that time I will shortly state to the House. It was understood by his Majesty's Government, when these conditions were arranged, that this grant of three millions of money was not to be given out of the Imperial Exchequer, but that it should be part of any Transvaal loan winch should be floated on behalf of South Africa; and, of course, if that view had been so, there would have been no necessity at all for applying to Parliament for any grant; it would, of course, have been met out of the loan when that loan was put upon the market. But, while the Government hold that that would have been a carrying out of the agreement with the Boers, still we had to consider views placed before us in connection with the matter by the Boer leaders, and it was urged upon us that this would not be a compliance with the spirit, at any rate, of the terms which had been agreed upon at the time of surrender. It was urged, and I think not without force, that a free gift by His Majesty's Government meant that the money would be found, not out of the Transvaal revenue, but out of the revenue of the United Kingdom. Well, as I have said, we considered the matter, and arrived at the conclusion that this particular item of the conditions did undoubtedly lend itself to so me extent to that contention on behalf of the Boers, although I still maintain that the understanding at the time of the arrangement was that the money should be found out of the Transvaal loan. Well, that was the position of things when I assumed the office I have the honour to hold. In these circumstances His Majesty's Government had to consider what course they should adopt, and the House will see that one thing incumbent on us was to avoid, if possible, any legitimate feeling of dissatisfaction on the part of those who had been our enemies. The worst thing that could happen would be to give them a legitimate grievance, to give tm any solid ground for the contention that we had got them to agree to terms of surrender under false pretences, or that, having agreed to terms of surrender, we had interpreted those terms in the sense most favourable to ourselves and least favourable to the Boers. This would have been a grave risk to run, and a risk which His Majesty's Government did not feel themselves called upon to run. We believe we are acting most in accord with the interests of South Africa, most in accord with the feelings of the people of this country, and, I believe, with the feeling of the House, in taking this burden on ourselves. That being so, the matter could no longer be disposed of in the way we originally proposed—namely, by taking this money out of the loan which was to be floated on behalf of the Transvaal; and it is therefore necessary for us to come to Parliament to ask Parliament to authorise us to pay out of the revenues of this kingdom the amount of three millions which we have undertaken to give to the Boers, and, although it formed no part of the terms of surrender, we propose to treat the loyalists of South Africa in a similar manner. I am sure the House would certainly not be satisfied with any arrangement by which the Boers were to receive a considerable sum for repatriation and other matters under the terms of surrender, and the loyalists would not receive a corresponding advantage. After consideration, we have come to the conclusion to appropriate to the loyalists two millions in a similar manner, and that this will meet the justice of the case. It therefore follows that, if a free gift should come out of the revenue for the Boers, then the two millions for the loyalists should also come from the revenues of the United Kingdom. Therefore we have to come to the House now, and ask it to go into Committee of Supply for the purpose of enabling us to pay over for repatriation and other kindred purposes three millions to the Boers and two millions to the loyalists. But, in addition to this, one of the terms of surrender was that a certain sum should be advanced at a low rate of interest for similar purposes, and we have estimated that sum at three millions. That sum is a sum to come legitimately out of the Transvaal loan when it is put upon the market, but until that loan is put upon the market we have to find the money for this purpose, and this sum is also included in the Vote we shall ask the House to consider tomorrow. But that will not form any permanent obligation on the British Treasury; it will be merely an advance out of the balances of the Treasury to be repaid to the balances when the Transvaal loan is floated.

*

Oh, yes; where I have spoken of the Transvaal I must ask the House to take it that I also include the Orange River Colony. I may say in regard to this incidentally that the reason why we ask the House to go into Committee of Supply to vote the money which will he repaid is because we consider that the present time is not a good time for floating a Transvaal loan; we hope and believe that in the Spring there will he a much more favourable opportunity. Therefore, in the Vote we shall ask the House to consider we include this advance to the Transvaal and Orange Colony. Now, my hon. friend the Member for King's Lynn, with whom on matters of this kind I always differ with great hesitation, because I know he makes a special study of matters of procedure, says:—This may be all very well; it may be quite right to do what you intend, but you are not adopting the proper mode of procedure. It is an unprecedented thing, or almost unprecedented, at any rate it has not occurred for 150 years, that the House of Commons has been asked after Supply is closed, and after the passing of the Appropriation Bill, to go into Committee of Supply for a purpose of this kind. Committee of Supply, he says, being once closed ought not to be re-opened by subsequent procedure such as we adopt. There has been no precedent for any such proposal for the last 150 years. I confess I think we shall be able to show, in justification of this procedure, that the circumstances are very exceptional. The present position of the House is exceptional. I do not think that such a combination of exceptional circumstances has arisen in the last 150 years. This House has met for an Autumn Sitting, and there has been an exceptional demand by the Crown for a grant of money. I contend that these exceptional circumstances justify the procedure I now ask the House to adopt. One thing, undoubtedly, is necessary in matters of this kind, and that is that, whatever funds may be thought to be necessary, all grants of money ought to be based on a request from the Crown. I have made it my business to make inquiries upon this matter, and I feel sure that, having in my capacity as a Minister of the Crown made on behalf of the Crown such a request, I have acceded to the principle, and it has been practically complied with, that the Crown should, through the mouth of the Minister, state the demands of the Crown to the House. That is the justification which I have to make for the Motion I now make that the House should, at nine o'clock tomorrow evening, resolve itself into Committee of Supply. Motion made and proposed, "That this House will tomorrow, at Nine of the Clock in the evening, resolve itself into a Committee to consider the Supply to be granted to His Majesty."—(Mr. Chancellor of the Exchequer.)

* (9.12.)

I the trust House will afford me its indulgence while I address it on a question which I deemt o be of the most serious importance. The right hon. Gentleman, in his capacity of Minister of the Crown, has asked this House for Supply to be granted to the Crown. I know of no such proceeding as that which the right hon. Gentleman has asked the House to follow. The demand of the Crown for Supply is always, always has been, and always should be, a most formal and solemn act. It should be embodied in a Speech from the Throne, or, when that is not possible, by a Message signed, as the journals of this House always record, by His Majesty's own hand. It may be said that that is a formal matter. It is more than a formal matter; it is a testimony to the respect which the Sovereign himself owes to this House. It is not right to make a serious demand upon this House in an informal and slovenly way. If that is to be allowed, a Royal Message superseded by a mere statement of a Minister of the Crown may be further superseded, and we may have the demand for supplies made merely by a newspaper paragraph. I attach much importance to the formalities of this House, and especially to those which testify to the respect not only of the people, but of the Sovereign of this country. They are none of them unimportant. Therefore I cannot admit that the statement which the right Hon. Gentleman has now made is sufficient to oust the necessity for a proper Message from the Crown. The right hon. Gentleman tells us that this Supply was not asked for in May, only because His Majesty's Ministers had mis-understood the terms of the peace they had made with the Boers. That is what his statement amounts to. He says they understood that the three millions grant was to come out of a Transvaal loan, but that since then the Boers have explained to them that they were mistaken in their view, and that the three millions were intended to be, as no doubt it was, and as most people understood, a payment by Great Britain, recoverable, perhaps from the Transvaal, but certainly payable immediately by this country to the Boers. I really do not think that such a reason can fairly and properly be addressed to the House for the failure on the part of the Government to submit their demand for Supply, while Supply was still open, and while the Appropriation Bill was unpassed. There are still', more serious matters of question which I will pass by. But now as to the question of Order. There was a Sessional Order on Supply passed by this House on the 28th April. I must presume that since the Minister has made this demand, he has consulted the authorities of the House, and that they have admitted and allowed that it is not inconsistent with that Sessional Order. But I myself cannot reconcile the language of the Order wit h this procedure. The Sessional Order limits the number of days to be allotted, and provides that those days must end at the 5th August. Besides these, it allows for other days unallotted. This new service may be appropriate to the unallotted days, but allotted or unallotted, the rule clearly lays it down that any additional Estimate for any new matter not included in the original Estimates shall be submitted for consideration in Committee of Supply on some day not later than two days before the Committee is closed. I cannot understand how, after Supply has closed, after the Report of Supply has been agreed to, and after the guillotine has fallen and brought to an end allotted and unallotted days alike, this new matter can be submitted now. if, indeed, it is to be held—as I must assume it is—that this Rule does not apply to present circumstances, if indeed we are held to be outside the Rule of Supply which was passed as a Sessional Order on the 28th April last, then the whole Rule goes by the board. For instance, the Rule limits the discussion of Supply to a certain number of days. That limit goes if the Rule goes. The Rule provides for the guillotine at the end of the number of days. The conditions go and the guillotine also goes, and we may engage in unlimited discussion on the Supply now presented to us. But I am not careful to insist on the formal Rule or the interpretation of it. For I have a much more serious matter to submit. Will the House permit me to say what in my opinion the right method of Supply is? Standing Order 54 indicates the course which should be adopted. It provides—

"That this House will appoint the Committees of Supply and Ways and Means at the commencement of every Session as soon as the Address fins been agreed to in answer to His Majesty's Speech."
I am far from saying that that precludes Supply being set up at any other time than that specified by the Standing Order; but I do say that that Standing Order indicates to the House the proper and only regular mode of procedure in regard to setting up Supply. There is a formal and solemn demand by the Crown for Supply addressed to the House of Commons, and power is given to move Amendments to the King's Speech in order to consider grievances. No Supply can be set up until those grievances have been disposed of and until the Address in reply to the gracious Speech has been agreed to. That is what enshrines the principle that Grievance shall come before Supply. And when the Committee of Supply has done its work it reports to the House, the Report is agreed to, and the final act of the Session is the passing of the Appropriation Bill. The control of Parliament over national finances rests solely on the Appropriation Act. It is not Votes in Supply that gives the Government money to spend. It is the Appropriation Act, which is the only legal authority to the Ministry to spend a farthing of the money voted in Supply. Votes in Supply are after all only resolutions of this House, but the Appropriation Act is the Act of Parliament, not of this House only but of the other House as well, which has power it not to originate, yet to right it, and the Act of the Sovereign who gives his assent. So true is it that the Act and the Act alone is the authority, that if a session be prorogued before and without the Appropriation Act being passed, every Vote of the House of Commons becomes thereby voided and null as though it had never been passed. I desire to read a few extracts from the greatest authority on this most important constitutional point, because it is the foundation of my argument, that nothing is anything except the Appropriation Act. I will quote from the very best work on the constitution of this country. viz., "Law and Practice of the Constitution," by Sir William Anson, whose authority is not in the least lessened by his having left the uncertain emoluments of literature for the more secure position of Parliamentary Secretary to the Board of Education. He says—
"The sums voted to meet the army, navy, and civil service estimates cannot be legally paid until they are embodied in the Appropriation Act, and the House of Commons, in order to get the Supplies of the whole year into one Bill, reserves the Appropriation Bill until the close of the session."
And again—
"It is not the need of Supply, but of the appropriation of Supply and of the Army Act which makes it legally necessary for Parliament to sit every year. If Parliament did not appropriate the Supplies of the year to specific purposes, the money which comes in on account of the various items of taxation could not legally he paid out to meet the services of the year, except in the case of such charges upon the revenue as are permanently authorised by statute."
Let me for a moment ask the House to observe the extreme importance of this. I have said that the Government cannot spend a farthing legally without the authority of the Appropriation Act. It may receive very large revenues indeed without the annual interposition of this House, and without its permission, but it cannot spend the money. Let us consider what revenue it does receive, without the annual consent of the House, through permanent Acts of Parliament. In this year, 1902–1903, the Government estimate to raise a revenue of £161,700,000; of that sum £112,500,000 is permanent revenue raised by taxes imposed on the nation by permanent Acts of Parliament, and for not one penny of which, therefore, the Government need come to the House. Why, you could run an Empire on £112,500,000. My belief is that the German Empire is run on less. But, although they obtain that £112,000,000, not one farthing of it can the Government spend without the sanction of an Appropriation Act. Were it otherwise the Government need never call Parliament together at all. I think I have shown, therefore, that it is the Appropriation Act and not votes in Supply that is important. Now, if the House will permit me, I will read one or two more quotations to show the importance of retaining the Appropriation Act until the end of the session. Here is what that great financial authority, Sir George Cornwall Lewis, said before the Committee of Public Accounts in 1857—
"The Appropriation Act at the end of the session gathers together the whole of the Votes in Supply and the grants already authorised out of the Consolidated Fund to meet in part the Supplies voted; the balance of ways and means required to cover all the sums charged on the Supplies of the year is set forth in this Act, which thus completes the financial proceedings of this session.… The final grant of ways and means to cover the whole of the Supplies voted in the session is always reserved for the Appropriation Act; thus, although the House of Commons, at an early period of the session, might have voted the whole of the Supplies of the year, they could still hold their constitutional check upon the Minister."
Another eminent authority, who has also been removed to a higher sphere, Sir Courtenay Ilbert, says in his work "Legislative Methods and Forms"—
"When all the Supply of the session has been voted, an Appropriation Act is passed providing the balance of ways and means required for the session and appropriating in detail the various sums voted out of the Consolidated Fund to the different purposes specified in the Resolutions passed in the Committee of Supply as agreed by the House. The Act includes all the Supply voted in the session for the service of whatever year may be intended."
Finally I may quote what the Speaker of this House said in 1841—
"The Appropriation is always reserved for the end of the session, tend it is irregular to introduce any Clause of Appropriation into a revenue or other Bill passing through Parliament at an earlier period."
Of course, the House is aware that what are called Consolidated Fund Acts are often passed before the Appropriation Act, but not one of those Acts appropriates; they are merely Acts to enable the Treasury to issue money, and the money so issued and all other moneys are brought into the one final Appropriation Act for the reasons I have given. The House, so long as it has the control of the Appropriation Act, has control of the Ministers. Now let me give one last quotation as to this from "Hallam." He says, in language which I can ill approach, but which I earnestly commend to the House—
"A House of Commons would be deeply responsible to the country if, through supine confidence, it should abandon that high privilege which has made it the arbiter of Court factions and the regulator of foreign connections."
My argument is that that is virtually what we are asked to do. We are asked to abandon that. The Appropriation Act, as I think I have shown, always has been and always should be, if this House is to retain its power over the Ministers, the very last Act of the Session. It is, as it were, the sessional last will and testament of the House; and just as the testator reserves to the last moment of his life the power of varying and changing his will and thus retaining his control over his own property, this House should retain its power over the Appropriation Bill to the end of the Session. Now it may be said, "If there be such virtue in an Appropriation Bill, why should we not have two, and thereby increase the virtue?" That argument reminds me of the young lady who was asked whether she would not have a nice decent husband of fifty, and who replied that she would rather have two of twenty-five. It is a trifling illustration, and I hope the House will pardon it. But why not have two Appropriation Bills? If I were endeavouring to persuade a convinced Tory permeated with sound constitutional feelings and full of reverence for the forms and traditions of the House—without which no man ever became a great Parliamentarian—I would reply to that question by saying that the answer is sufficient that the House had never done otherwise than have one Appropriation Bill, and one only. But if I were trying to persuade those who are children in these matters I would say that the reason why we can not properly have two Appropriation Bills in the same Session is because it is absolutely essential to the financial control of the House that the whole finances of the year should be submitted to Parliament in one complete scheme embodied in one Appropriation Bill. Without this the House loses all control. Let the House consider. The Budget presents in one picture all the financial needs and all the financial resources of the year. It is upon that picture that the House judges whether it will agree that to new taxes or to the remission of old taxes; whether it will submit to new burdens being placed not only on itself, it may be, but on posterity. It is upon that one financial statement that the House judges of the financial affairs of the nation. The Budget is, as it were, a Pandora's box, full of taxes, evils and miseries; yet at the bottom is Hope, in. the shape of an Appropriation Bill. But if this Pandora's box, has a false bottom and we find that below the false bottom there are other taxes, miseries and evils and no complete Appropriation Bill covering all of them, then you have not only extorted the taxes on false grounds, but have also departed from the invariable and most necessary practice of finance in this House. Of course I admit at once that there are emergencies which cannot be foreseen in the Budget. Wars may arise and new expenditure may become necessary, that could not be foreseen. But there is proper provision made for dealing with those. There are well-known provisions. There are Votes of credit. Votes of Credit have been indulged in more than once, but never after the passing of the Appropriation Act. Then there is the system of the Supplementary Votes—a most nefarious system. I know of nothing more calculated to enable a Minister to destroy the system of finance of this country than that of Supplementary Estimates. But these are the methods which can be resorted to before the Appropriation Act in Committee of Supply. One Committee of Supply, one Budget and one Appropriation Act. Depart from that, and you immediately come into financial chaos and the loss of all power of this House over the Ministers. No doubt, as the right hon. Gentleman has said, we are sitting here at this time under very unusual and extraordinary circumstances. This has been called an Autumn Session. I submit it is nothing of the kind. It is a series of supplemental sittings tacked on to the ordinary session, which, as I say, expired for all practical and certainly for all financial purposes when the Appropriation Act was passed. There is no doubt that a bisected session, with a second half devoted to supplementary sittings after the passing of the Appropriation Act is a very rare thing indeed. So far as I can trace it, such a thing has only, occurred three times in the last 100 years. There were supplementary sittings in 1820 in order to pass a Bill of Attainder against Queen Caroline; there were supplemental sittings in 1882 in order to pass the Procedure Rules; and in 1893 in order to pass the Local Government Act. Now, Sir, on all those occasions—and I believe they are the only occasions that can be found in the last 100 years or in the last 200 years—the same conditions were observed. Each one of these series of supplemental sittings was reserved to the sole, single and specific purpose for which it was intended; and in none was an attempt made to set up a new Committee of Supply after the Appropriation Act had been passed. Therefore what is proposed to be done now is an entirely new thing; new to the ordinary practice of the House; new even to the exceptional practice of the House under which we are sitting here today; entirely new and entirely unknown. In 1882 so strongly was it felt that you could not properly proceed with matters of this kind after the Appropriation Act had passed, that the very first thing that occurred on the meeting of the House in October, was that Lord Randolph Churchill moved the adjournment of the House on the ground that it was the settled Constitutional principle that when once the Appropriation Act had been passed the House could not proceed to do any other business whatsoever. The noble Lord was followed into the lobby by my right hon. friend the Member for Cambridge University, my right hon. friend the First Lord of the Treasury—whom I am sorry not to see in his place—the present Lord Chancellor, and by my right hon. friend the Chancellor of the Exchequer. They were all of opinion that it was impossible to do any business of any kind whatever after the Appropriation Act. It is true that that was in the young and enthusiastic days of the first Lord of the Treasury, when he was a shining light and a Member militant of the Fourth Party. It is true that in those days the right hon. Gentleman did not hold quite the same views he holds now, for he denounced these sittings and also denounced the closure as a reckless tampering with the Constitution, and especially the closure by the Chairman of Committees as a provision which struck deep at the dignity of Parliament. Of course the right hon. Gentleman has reformed now. He has, I believe, entirely repudiated his connexion with the Fourth Party; he has turned his back on his poor relations, and the last of them is now relegated to a seat below the gangway. But at that time, in 1882, it was the view of the great legal authority who now presides over the Courts of the land, it was the view of the Fourth Party, and it was the view of Sir Stafford North-cote, that no business whatever should be done after the Appropriation Act was passed. Now, Sir, I do not go so far as that. I am a moderate man; I am not like my right hon. friends the First Lord of the Treasury and the Chancellor of the Exchequer. I do not claim to stop all business, but I do go this far—that with regard to these irregular supplemental sittings, you ought to limit them strictly to the purposes for which they are called; in this case the passing of the Education Bill. I call upon the First Lord of the Treasury to support me here, because—on the very ground that these are sittings for a special purpose—the right hon. Gentleman refused the Irish Members a day to consider the undoubtedly important matter of the suspension of Constitutional guarantees in Ireland. and I equally claim his adhesion to my other proposition that if any other than the special business is to be taken in such irregular sittings as these, at any rate no business in Supply ought to be taken. I say that for financial purposes the time has gone by, and it is contrary to the very safety and power of this House to attempt to set up Supply afresh, after the Appropriation Act has been passed. It is sufficient for me to say, having regard to the special character of these sittings, in reply to the Chancellor of the Exchequer, that never in such a state of things as this has Supply ever been attempted to be set up. Of course I am the first to admit, even though we are in a very irregular and unusual position, and even if it be proved up to the hilt that the fault of our being in this position lies with the Treasury Bench, that it is absolutely necessary for the honour of the country, that these £3,000,000 should be paid to the Transvaal—not out of the Transvaal, not out of some doubtful loan, but out of our own pockets; out of our own money. I fully agree to that, and in this irregular situation in which I find myself, I ask myself what could he done. I think the resources of procedure are not yet exhausted. I think there are methods by which the necessary money might be found for meeting this pressing expenditure. There are two methods of meeting the difficulty. The first is that the expenditure of this money should be sanctioned by an Address originating in the House—a method such as was adopted in the case of the retiring allowance to Mr. Speaker Peel—an Address to the Sovereign requesting that the money might be provided and undertaking that it should be made good. That is not I think for this purpose a good method. But there is another. The King may send a Message setting forth some new necessity, and then there may be an Address to the King requesting him to authorise the issue of the necessary sums and undertaking to make them good. Then they would be made good in the Supplementary Estimates of the next session and so appear in the Appropriation Bill of next year. That is the clear and the right way to provide such sums. Let me point out to the House that these £3,000,000 have been pledged by an Act of the Prerogative of the Crown. The Crown has made a treaty and undertaken to do the things under that treaty necessitating this expenditure. It is a natural thing under these circumstances that the Sovereign should, in a proper and formal way, notify these engagements to the House, and call upon the House to make them good, and that the House should address a Message in reply, and say it will make them good. That was the procedure adopted in 1721, when the King made a treaty with Sweden, and came under some financial engagements. That was the course that was pursued then; a Message came to this House and it was printed in the Journals, where it can be seen, and thus it was in the year 1748, when the hereditary jurisdiction of Scotch Lairds was abolished. As I am speaking here, somewhat presumptuously I am afraid, as a financial purist, I may say that I am not enamoured of dealing with these matters in this way, by a sort of Parliamentary promissory note. It is only in my endeavour to assist the Chancellor of the Exchequer that I suggest this way out, and it is owing to the right hon. Gentleman insisting upon going his own wicked other way that I am obliged to make this speech tonight. It will be seen that my objections to the course pursued tonight are objections not to the form, but to the substance. Not only is it contrary to all the usages and the settled practice of this House, but it is calculated to diminish the power of the House of Commons itself. It not only completely abolishes the doctrine of grievance before Supply, but it is Supply without any grievance at all. There is no King's Speech, no proper demand for Supply, so far as I can admit, and it is therefore Supply without grievance. Standing Order 56, which I presume will be followed, says that whenever Supply stands as an Order of the day Mr. Speaker shall leave the Chair without Question put, unless on first going into Committee of Supply an Amendment is put down or a question raised with regard to the Estimates. As you, Sir, are "first going into Committee of Supply" again, I presume a Motion will be made that you leave the Chair, and that any Amendments limit down or questions raised will he duly debated. But I have yet another objection to this fresh practice. It sets up a new precedent, and you never quite know where new precedents are going to lead you. I can see one direction in which it must inevitably lead. At present you have in one session one Budget, one Committee of Supply, one Appropriation Act. Once agree that there should be two Budgets, two Committees of Supply, and an unlimited number of Appropriation Acts in one session, and there is absolutely no reason why you should prorogue Parliament at all; there is no reason why you should not go on adjourning time after time, and keep the one session open during the whole continuance of a Parliament. That might mean a session of seven years. That is conceivable, and would be very inviting. See what a revolution it would mean: one King's Speech, one only in seven years, and in seven years one set of grivances only to be raised on Amendments to the King's Speech! In the hands of the casual occupants of the Treasury Bench an unlimited opportunity would be afforded for passing the most revolutionary measures, which could not possibly, be entertained in one ordinary session, but which then might be passed in sevenths, one-seventh this year, another seventh next year, and so on. In the next Parliament, or the next session consisting of one Parliament, the next casual occupants of that Bench would have the same facilities for repealing the Act of their predecessors. A nice sort of see-saw might go on! Let not the House think that finance is a mere form. Finance lies at the bottom of all government. When you have had finance you have had everything. Bad finance brought about the fall of Rome, and led to the French Revolution. Bad finance always leads to either ruin or revolution. Let me beg the House to beware how they agree to this proposal. During the last thirty years one financial security after another has been pared away, and you now have false accounts of your expenditure, an entirely incomplete control of your issues and receipts, a system of audit which I believe to be altogether illusory, and a very much diminished control by this House over expenditure. It is time to make some stand in regard to this procedure. Our rules are in a very chaotic condition. Some are in a fragmentary state, others have been proved to be wholly ill-considered, and, although perhaps adapted to the exigencies of the Government at the time they were adopted, calculated to lead to very serious results under other circumstances. Let not this House agree to be formalists for Members and anarchists for Ministers. If there are pit-falls consisting of inverted commas, references to newspapers, and so forth, which trip a Member up when he wishes to ask a Question, let us not disregard the settled traditions of this House when it is a question of keeping Ministers in order. Of course, I can understand the Chancellor of the Exchequer. Allowance must be made for him; he is a "sturdy beggar" by profession; it is his business to be so. But the First Lord of the Treasury—where is he? He is the Leader of this House, the proper guardian of its rights, privileges and powers. He is also the head of the Conservative Party, pledged to resist every innovation not justified by necessity. That he should be a party to what I consider to be a very serious infringement of the rights and powers of this House, and yet be absent when the matter is being discussed, is, I think, somewhat surprising. The rules and traditions of this House are the inheritance of the people of England, whose representatives we are. They have grown up out of experience founded on reason. It is most dangerous to touch them, or to set up new precedents in contradiction of them. The formalities of this House are not, and never have been, merely formal. They represent the necessities of the case and. embody the protection and defence of Members of this House. It is the formalities, traditions, and rules of this House that enable the minority to debate and persuade; it is they that ensure that in Parliament the Members should be allowed to parley with the Minister before the Act of State is done. One after another I have seen the opportunities of debate taken from us; one after another I have seen taken away the occasions upon which any Member might touch upon any other subjects than those the Government choose to put down. I have no hope whatever of prevailing in my argument tonight, but I warn the House-that if it allows its forms and traditions one by one to be broken down, and the sanctions of its power to be destroyed, it will end by being not the glory, but the reproach and the by-word, of the Empire. This House has resisted and destroyed the tyranny of Monarchs, it has survived and emerged from the corruption of Ministers and of Members; and it has done so because, although sometimes it may have wanted virtue, it has never yet wanted spirit. If now it does want spirit its end as a useful institution of this country is near; and it will not merely have suffered, it will have invited and deserved the doom that will befall it.

(10.4)

It is a refreshing circumstance to hear constitutional doctrine preached from the Benches of the constitutional party. We seldom hear it in words; we never see it in practice. What the hon. Member for King's Lynn has said is perfectly true, that the proposal made by the Chancellor of the Exchequer is an unexampled one. I do not say that we have not as much right to make precedents as our predecessors, and therefore I am not going to take any narrow ground upon that subject; but it is very useful and very necessary that the House of Commons should have respect for the practice which it has followed for generations and even for centuries. Above all, as the hon. Member has justly said, it is in matters of finance, which he at the root of all good government (and never was there a time when the expenditure of this country had risen to so unprecedented a height) that we ought to be the more careful in regard to any deviations from the securities which this House has established for their regulation and control. That is a proposition which I think will be accepted by both sides of the House. Therefore, if we are to enter upon a new and unexampled course we ought to be amply satisfied that there is some unexampled and exceptional reason for taking this course which is without precedent. Now, what is the exceptional circumstance here? We are asked to go into Supply for the purpose of authorising the Government to expend money which they did not ask for before the Appropriation Bill. But all the circumstances which make them ask for it now were perfectly well known to them for months before the Appropriation Bill. This is expenditure which arises out of the terms of peace made between the Government and the Boer generals. That was in the month of May. The Appropriation Bill was taken in the beginning of August, and during the whole of the time from the month of May to the beginning of August His Majesty's Government was in possession of all the circumstances upon which they now found this demand. Why was not this demand made in June, in July, or the beginning of August? In these circumstances there is no justification for departing from the established practice of the Constitution with reference to Supply and the Appropriation Bill. The demand was as urgent then as it is now. What account have they to give of their unintelligible neglect—I do not wish to say an offensive word, so I will not say blundering—in not taking that course in June and July, and in not taking the ordinary course in the House of Commons with reference to finance, and asking for the money in the proper manner and at the proper time? Let us see how the matter stands. In April, when the first Budget was brought in by the late Chancellor of the Exchequer, he asked this pertinent question—

"Perhaps I may be asked what is to happen if peace should come in a few weeks, and if the Large sums of fifty-six or fifty-seven millions I have suggested should not be all required for the purpose of the war?"
Then the Chancellor of the Exchequer indicated various things that would happen, but what is to the present purpose is this. Having provided for the immediate consequences of the war, he said:
"Means will have to be provided for something more, something which, I am sure, will be more agreeable to the minds of all of us than expenditure on war. Means will have to be provided for the relief and resettlement of the two colonies which have been so terribly devastated by the war; means will have to be provided for rebuilding and restocking the farms—the farms, I should hope, not only of those who have been our friends in the war, and who have fought on our side, but also of those who have boldly and honestly been our enemies in the war, and whom we hope to make our friends in future."
That, is a contemplation of the very things which constitute the two principal articles of the £5,000,000 which is the Estimate we are now asked to go into Committee of Supply to vote. Then he said:
"I think the House of Commons, if peace is made on terms which we believe will be satisfactory, enduring, and safe, will be generous in these matters, and yet I do not believe that they need involve any great charge on this country."
Therefore, the contemplation of the Government from the first was that these matters so referred to were not to be a great charge on the country—that is, the British taxpayer.
"I am convinced," continued the late Chancellor of the Exchequer, "looking at the remarkable prowess which has been already made even during the war in the restoration of industrial prosperity in the goldfields, and in the more important centres of the Transvaal, that it will be perfectly possible for the Transvaal and the Orange River Colony, if we were to advance to them a loan for the purposes have described (for railway extension, and so on), to repay such advances, both capital and interest, on terms which would be eminently satisfactory to the taxpayers of this country."
Therefore, the policy of the Government on these points from the beginning of the war down to now, that it would cost this country very little, was in respect of these very particulars. In the Budget, the Chancellor of the Exchequer held forth the hope that, if peace were made these things would be provided for, but that they would not be provided for at the expense of the British taxpayer. But then the Chancellor of the Exchequer came forward in June, after the peace was made, after all these conditions were known, after it was known that this was to be a free gift on the part of the Government to the Boer generals with an amended balance-sheet. He made a speech on that occasion, and, having shown what would be the altered condition of things in consequence of peace, he said—
"I referred in the Budget speech to the measures in the Transvaal and Orange River Colony for the relief and resettlement of the population, for the rebuilding and restocking of farms, and for other purposes. We may very possibly have to make temporary advances of that kind, but as soon as the civil administration is established in the colonies, and the necessary arrangements can be made, we shall ask Parliament to aid in this matter, not by direct advances, but by guaranteeing a loan to be raised by the colonies for the purposes I have named, and such other objects," and so on.
Therefore, here was the declaration of the Government by their financial representative after peace was made, after the terms were known, and more than two months before the Appropriation Bill, as to the course they intended to take. What is the meaning now of the Government coming forward and saying, "We did not know"? We have been told, at the beginning of the war, "How could we know?" so how could you know in June, July, and August what was the real meaning of the terms you were making with the Boers, and whether the charge was to fall on the Transvaal, or whether it was to fall on the British taxpayer. Now in October you come to correct the blunders you made in June and July. That is the situation of the Government in this matter. There is not a circumstance they know now which they did not know in June and July. The terms of peace were known, and the undertaking they had come to with the Boer Generals was that the payment should be by the British taxpayer and not by loan on the Transvaal; and yet they have been holding out the prospect that a good part of the expenses of the war would be borne by the gold mines and the people of the Transvaal. They now come round to the position I have always maintained, that the whole cost will fall on the British taxpayer, and the British taxpayer alone. But with reference to this procedure, the Government, through the late Chancellor of the Exchequer say:—
"These are to be temporary advances, and I would therefore ask the House to leave my hands tree in that matter, with the distinct understanding that if it is possible all these six millions shall be devoted to the reduction of our present Debt."
How has the House been dealt with in this matter? You obtain in June, though the peace had been made, power to raise a loan of £30,000,000, on a distinct representation as to what was to be done with that loan—a loan far beyond what was wanted for the purposes of the war—and, on certain representations as to what would be done with the excess of that loan if the House authorized it. If there is anything perilous in this world, it is that the House of Commons should be induced by the Executive Government to grant them money, whether in the form of Supply or a loan, on conditions which are not fulfilled.

*

The right hon. Gentleman will pardon me; surely that is a matter for discussion when we come to the Vote, it cannot be germane to the present proposal.

Certainly it is germane to the present proposal. What justification is there in the plea of exceptional circumstances when you knew everything two months before the Appropriation Bill, which would have called upon you to ask the House of Commons through Committee of Supply to get authority for this money? You got the money before the Appropriation Bill upon the representation that it would nut fall upon the British taxpayer, but that it would fall upon the Transvaal. I have in my hand the Paper laid before Parliament on June 9th, as the corrected Budget statement of the Chancellor of the Exchequer—a most formal, a most authoritative document—in which it is represented in dealing with the Supply and in dealing with the loan that the deficit is to be met out of the proceeds of the Consol loan of £29,000,000, and then there is this note—

"Leaving available for contingencies and redemption of unfunded Debt, £5,996,000."
That is an undertaking to this House that that would be dealt with for the purpose of reducing the British Debt. Now this is a proposal that, instead of using that money, which was pledged for the redemption of the Debt, it is to be taken out of the revenue of the year. The Government pledged themselves to place this money on a loan upon the Transvaal, and, instead of carrying out their declared intention regarding the redemption of the British Debt, the charge is to fall upon the British taxpayer. That is the situation. I say it is a most formidable situation in dealing wit h finance at any time, above all at a time when you are adding £50,000,000 to your Debt and you have your taxation at the point which it has reached. Was there ever a time when a Government was less justified in departing from the strict rules which govern finance? The Government came forward and represented to the House that it was represented to them that these particular charges would, if it were necessary to ask for them as temporary advances, be repaid by a guaranteed loan chargeable upon the gold mines of South Africa. I suspect very much that it is not so much the difficulty that the Boers have raised in this matter as the refusal of the gold mines to bear the charge which lay at the bottom of the whole thing. For the last three years I have maintained that the idea that you were going to obtain the cost of this war, or any part of it, out of the gold mines which were to benefit, we were told, so enormously, was illusory. Day by day it becomes more and more clear that the idea that you were going to get any relief whatever for the British taxpayer from sources of this kind was a complete delusion. Then I ask what justification have the Government in this case? What do they say? They found out—when did they find out?—the truth in regard to these statements. Who was it who informed them what was the meaning of their own agreement with the Boers? How was it that they came forward in the month of June, and said, they were only bound to make a temporary advance, and that that would be recouped as soon as the regular Government was established and be available for the reduction of the British Debt. A regular Government had been established. When did this enlightenment come upon the Government as to the real meaning of the peace they had made That is the whole question. The Government say, It is true we contemplated this temporary advance, but we found that we had made a peace we did not understand, and we cannot fulfil the pledges which in an absolutely formal way were laid in an authoritative document on the Table of Parliament. You call this an exceptional situation. But the facts of the case are today exactly what they were in the month of June, when the statement was made by the Chancellor of the Exchequer to which I have called attention. But, if that was immediately after the peace, there was the whole of June, the whole of July, in which the Government might have devoted themselves to the study of their own peace. Then they might have come forward with this Motion before the Appropriation Bill, and there would have been no departure from the constitutional financial practice of this country. That is the situation. We must, of course, fulfil faithfully the terms of peace. We must do that, but what we do complain of is that the responsible Government should come to this House and misrepresent—I do not say intentionally but from their own ignorance—the terms of peace. The idea that the £5,000,000 or £6,000,000 would not fall upon the British tax payer, but would be raised upon a Transvaal loan, was a delusion and an illusion. I am far from saying that the Government intentionally misled the House, but it is the business of the Government to understand their own business, and they should know upon whom the charge falls, whether upon the British taxpayer or elsewhere. Now we have got to the present month, and we have gone on up to this time in the belief that the statement of the Government was true and that there would be out of the revenue of this year £6,000,000 capable of being devoted to the reduction of the British Debt. Now we have found, on the Government's own confession, that all that £6,000,000 is to go on the taxation of the year, and consequently will fall upon the British taxpayer. That is the history of this proposal. I agree with the hon. member for King's Lynn that it is very objectionable, when you are creating a new precedent, to proceed in the happy-go-lucky, slip-slop manner in which this proposal has been introduced tonight. You are creating a new Committee of Supply, because the Committee of Supply of the Session has been closed in the proper manner. Of course we all know that if there is a case of unforeseen emergency the House of Commons will always be prepared to meet it. But this is not an unforeseen emergency. The emergency was foreseen, and might have been foreseen by everybody—except His Majesty's Government; it was there and could easily have been dealt with. The proper course would have been that there should be a formal message from the Crown. These things are not unimportant. I am old-fashioned enough to believe that it is a great disadvantage to depart from the well-established relations between the Crown and the House of Commons. Trifling with matters of this kind is not a sound doctrine and it is not good finance. But I am an old Constitutionalist. These are views which are now called "worn out shibboleths," which it is the fashion nowadays to despise. If you are going to establish a new financial practice, you cannot be too careful in preserving the principles upon which the established practice has been founded. Of course the whole of our Supply and financial proceedings rest on a Message from the Crown. People say, "What does it matter what the Crown does or what the House of Commons does?" But this way- of dealing with such matters is very mischievous and dangerous, especially in the present financial position in which we find ourselves. Although I perfectly agree that we ought to keep faith with the Boer generals, I say that we ought to have kept faith with thorn before the Appropriation Bill was passed. I regret that we should appear tonight in such a ridiculous position, for which the Government are entirely responsible, having misled the House by laying down in a series of financial statements entirely contradictory representations in regard to the people on whom this burden would ultimately fall. I wish even now that the Government would take pains to present the matter in the proper form to the House, that it should be presented to the House as what it properly is, a new Committee of Supply, and that it should be presented in regular form as a Committee of Supply. It would then come before you, Mr. Speaker, upon the Motion that you leave the chair, and we should be placed in the ordinary and regular position of a Committee of Supply. That would be to show some respect for the fit uncial safeguards by which we have surrounded and protected the taxpayers of this country. I say nothing about the new Rule—because it has been broken almost as soon as it is made. I do not value the new Rule. You may break the new Rules as you please, and the sooner they are broken, I think, the better. A few months ago it was provided by the Rule—
"That any additional Estimate for any new service or matter not included in the Estimate for the year shall he submitted for consideration in Committee of Supply on some day not later than two days before the Committee is closed."
Of course, this is a "new matter." This arose out of a peace made with the Boers in the month of May last. There was plenty of time between the conclusion of peace and the month of August, before the Committee of Supply closed, to bring forward this "new- matter," and, therefore, this is a deliberate breach of the Rule you have made. I think you might have the grace to suspend the Rule for tomorrow, because your present action is in flagrant and ridiculous violation of your own new Rule. There does not seem to me to be any justification for the course you have pursued. In my opinion, the House of Commons, with reference to this matter, and, what is still more important, the people represented by the House of Commons, that is, the taxpayers of this country, have been deluded by representations that this was a charge which would not fall upon them, but would justly tall upon those whom we were told have so largely benefited by the peace that was made, and, therefore, it was only just that those men who had benefited by the gold mines should bear this burden. We were told even more emphatically by the Colonial Secretary that the mine-owners had ample means to bear this burden, and that they ought to bear it to a considerable degree. Now, apparently this very first item which you undertook to place upon the Transvaal alone is not to be so placed. It is a most unfortunate thing that the House of Commons, and the taxpayers as represented by the House of Commons, should have been misled in this matter, and that there should have arisen the necessity for this unprecedented proceeding in respect of the Votes in Supply of this House.

* (10.40.)

The right hon. Gentleman who has just sat down has not lent any considerable amount of support to the argument of my hon. friend the Member for King's Lynn. My hon. friend devoted the main part of his speech to the question of procedure. The right hon. Gentleman devoted a very small portion of his speech to the question of procedure, and a very large portion to the merits of the Vote.

*

But with special reference to the merits of the Vote, as to whether or not the Government were justified, after the declaration they had made, in coining down to the House and asking them to put on the British taxpayer a burden which they had understood previously to be on the taxpayers of the Transvaal. That was the argument of the right hon. Gentleman, and that is what I meant by saying that his speech was directed not so much to the question of procedure as against the lathes of the Government for having first stated t hey were going to provide this money in one way and then coming to the House and asking it to provide it in another. That was not the point to which my hon. friend the Member for King's Lynn devoted his speech. The speech of my hon. friend, if I may he permitted to say so, was much more germane to the Motion which I have made tonight than was the speech of the right hon. Gentleman, which, I think, would more properly be dealt with when we come to discuss this matter in Committee of Supply. But before I sit down I shall devote some attention to the remarks winch the right Gentleman made. My hon. friend the Member for King's Lynn has, as we expected him to do, devoted his time to showing the House what an extremely careful and critical examination he has made of the historical circumstances which are in any degree analogous to the proposition which we are now making. Without entering into all the points which he has raised, I think I am right in saying that the main burden of his speech was that, after the Appropriation Bill, no further business ought to have been carried on, and certainly there ought not to be any further Vote in Committee of Supply.

*

But my hon. friend did make a considerable point about the taking of any other business after the closing of Supply, and I think he quoted some votes in 1882 which were given by myself, by the Leader of the Government, and by other members of the Government, as showing that we concurred in his view that no business ought to have been taken.

I beg the right how Gentleman's pardon, but I distinctly said that that was not my view. I did not go so far as the right hon. Gentleman himself. I did not say that no business should be taken.

*

Then I fail to understand why my bon. friend quoted our votes, because that was the particular question which was before the House in 1882.

I quoted them to show that the right hon. Gentleman went much further and was less moderate than myself.

*

I think my hon. friend will remember that he endeavoured to make a considerable point of the fact that we did give our votes in the direction which he approved of. If he had pursued his investigation a little further he would have found that the right hon. Gentleman who has just sat down, the right hon. Gentleman the Leader of the Opposition, the right hon. Gentleman who sits next to him, and many other right hon. Gentlemen and hon. Gentlemen who now sit upon that side of the House, voted directly against the proposition which my hon. friend is now supporting. Therefore, if he is able to quote our votes, I may quote the votes of nearly the whole of the Front Bench opposite against the proposition which my hon. friend has made—namely, that business ought not to be taken after the Committee of Supply has been closed.

*

My right hon. friend is unconsciously entirely and absolutely misrepresenting me. I told the House, and I quoted the votes that the right hon. Gentleman and the Fourth Party voted in 1882, that no business whatever should be taken after the Appropriation Act. I stated that I did not go so far as that, and what I contended was that only the special business for which these supplemental sittings were called should be taken, and certainly there should be no reopening of Committee of Supply.

*

I am sorry I did not take down my hon. friend's words. I confess I fail to understand why my hon. friend gave himself the trouble of quoting our votes. It is not important, and I need not carry it any further. What is my hon. friend's argument? It is that no Government, whatever may be the circumstances that require it, ought ever to come forward at an Autumn sitting and ask for further Supply after the Appropriation Bill has been passed, unless they adopt a particular course which he has set up—namely, that there should be a Message from the Sovereign. He explained that by that he meant a Message under the Sign Manual. He also went the length of saying that the Message ought to be replied to by the House by an Address to the Crown, and, in fact, that we ought to have a new session. In point of fact, what he intended to say, and what he himself believed in, was that Committee of Supply should not again be set up in one session after the Appropriation Bill had been passed. That means that, whatever circumstances might arise, however much might be the demand for Supply, if there is an Autumn sitting no Supply should be granted, but the session ought to be wound up and a new session begun with a Speech from the Throne and an Address from the Douse. Now, Sir, I think that is not borne out by anything which has happened in the past. My hon. friend has referred to some authorities. I will quote from Sir Erskine May—the eighth edition. He says this:

"When the supplies for the service of the year have all been granted, the Committee of Supply discontinues its sittings; but care must he taken not to close the Committee until all the necessary votes have been taken; for, if designedly closed, it can only be regularly reopened by a demand for further supplies from the Crown by Message, or the communication of additional estimates.

May I ask why the right hon. Gentleman makes a point of the date?

*

Because I think it is the last edition edited by Sir Erskine May. In accordance with that dictum I have conveyed to the House, as a Minister of the Crown, a Message to the effect that the Crown requires further Supplies, and I have also presented an additional Estimate, so that I have complied with both of the requirements set forth by Sir Erskine May.

*

Sir Erskine May does not say that there should be a Message under the Sign Manual. Well now, what is proposed by my hon. friend '? My hon. friend, after stating that, in his opinion, there was only one proper way of meeting the difficulty—namely, a new session—added that he could have told the Government two other ways in which they might have acted and which would have been proper ways. He named one—an address by the House—only to dismiss it as not being applicable, and as being open to many objections. The other was that the Crown should send a Message to the House, and that the House should then declare its readiness to make good the necessary Supplies. In that event I understand no Vote could be taken by the House until the following session. I ask the House whether they consider that that would be as satisfactory a manner of dealing with the question as that which I now propose. After all, this Vote is for part of the expenditure which has been made during the year. I maintain that either of the proposals of my hon. friend would have been open to ten-fold more objection than can be legitimately brought against the proposal I have made, and although, as I have admitted at the commencement, this is a most unusual proceeding, yet, having regard to the unusual circumstances, I contend that it is the proceeding most in accordance with the best traditions of the House of Commons, and infinitely superior to the methods suggested by my hon. friend. It was essential that we should come to the House, If we had provided the money without coming to the House at all, we should have been properly condemned. We chose what we considered the right and proper course of immediately coming to the House and asking for a vote of money. The only other alternative was not to give the money at all till next session and to have delayed finding the money for these purposes would have been the most fatal course of all in the interests of peace and prosperity in South Africa. Therefore, though I do not pretend that this course is free from objection, I say it is freest from objection of any course we could have taken. The right hon. Gentleman has objected to our proceedings on very different grounds. He said that we had no business to come to the House of Commons at all. He says that we made up our minds quite properly in May or June that this money was not to be got out of the pockets of the British taxpayer, but by way of a loan on the Transvaal; and that, having come to that decision, we ought to adhere to it.

I did not say that at all. I charged the Government with misunderstanding and misrepresenting to the House their obligations under the Treaty. I did not say that you must adhere to a statement which was contrary to your pledges. But I said that you had departed from the settled practice of the House by not having brought forward this Vote before the Appropriation Bill.

*

Then what is the meaning of the right hon Gentleman's observation to the effect that the main reason why we have altered our minds was that we found ourselves unable to get the money out of the mine-owners of the Transvaal, as we ought to have done? I His opinion was that instead of asking the British taxpayers to pay the Money we ought to have got it out of the mine-owners of the Transvaal. I understand now that the right hon. Gentleman does not object in principle to the taxpayers being called upon to pay this sum.

I do not object, because you are bound to do it. While you were misrepresenting your obligations, you found out that you must charge the taxpayers.

*

We never found out anything of the kind. I do not think the right hon. Gentleman was in the House when I made a short statement at the beginning in bringing the Motion before the House. This course was not decided on because we thought that we had misunderstood or misinterpreted the terms of surrender. On the contrary, I stated distinctly that in our opinion the terms of surrender were perfectly compatible with the view that this money was to be paid out of sums to be raised by way of loan on the Transvaal.

*

How could it be when they were the people on whom the loan was to be charged? I would be levied upon them in the way of taxation.

*

If a present is made to the right hon. Gentleman of a large sum from the Exchequer, will he say that it is not a free gift to him because it is paid for out of taxation? Surely, Sir, it was a fair interpretation of the terms of surrender that we were to give a free gift to the Boers, who had suffered by the war, although it was raised out of the taxation of the Transvaal. I contend that the terms would have been amply satisfied if we had taken this money out of the Transvaal loan, and that was our understanding, and that continued to be our understanding. That was the reason why no Vote was asked for in June or July when we were in Committee of Supply. But it came to our knowledge that the Boers had understood this particular article of the terms of surrender in a different way, and that they had understood that this money was to be paid for out of the British Exchequer. That being so, I contend, that we were acting perfectly rightly—in order to avoid any misunderstanding of the action we took, and in order to take away from the Boers any feeling of a grievance which they might otherwise have had—we were acting perfectly right in saying, "In these circumstances we will not ask the taxpayers of the Transvaal to pay this money; we will ask the British taxpayers to pay it." And I understand that the right hon. Gentleman does not himself object to. that.

Of course I say that when you promise to do a thing you must do it. But I say that you ought not to misrepresent to the House of Commons the promise you have made.

*

Yes; but the right hon. Gentleman knew what the terms of surrender were. They were published. He knew as well as we did that the money was to be raised from the Transvaal.

*

I have always tried to believe what the Chancellor of the Exchequer says. I hope I always shall.

*

Well, my contention is simply this, that the right hon. Gentleman had these terms of surrender before him, and he, like the Government, believed that this grant which was to be made to the Boers was to be taken out of the loan which was to be raised from the Transvaal. That was what the Government believed, and that was what the right hon. Gentleman believed when he saw the terms of surrender. But I put this to the right hon. Gentleman. If he had keen in my position, and it had been represented to him and to his Government that the Boers had signed the terms of surrender in the full belief that this money was to be provided by the British Exchequer, whatever his own views and the views of his Government hail been, would he or would he not have imperilled the good feeling which we hope to establish between ourselves and the Boers by rigidly insisting upon Ins own interpretation of those terms, and by disregarding the view which the Boers took? I say if we had done so, and if in consequence we had created a sore on their part which was not likely to be healed for years, instead of establishing, as we hoped to establish, a feeling of friendship and co-operation, notwithstanding our full belief that we were right in our interpretation of these articles of surrender, we should have been deservedly blamed. We said "We will let you have the money out of the British Exchequer instead of putting it upon the Transvaal," and I am satisfied that we are taking a course which is right and which the right hon. Gentleman and those around him would themselves have pursued if they had been in the same position as we are. I maintain, first of all, there- fore, that although the course which we have adopted has been an exceptional course, the circumstances are so exceptional as to have justified us in taking that course, and that any other course that we could have adopted would have been attended with the greatest difficulty and been open to as much objection as the course we have now taken. And I also contend that, as far as the merits of the case were concerned, we were perfectly justified in our original contention—that this money should be provided for out of the Transvaal loan, and also that we were perfectly justified in departing from that understanding of ours rather than create ill-feeling between ourselves and the Boers with regard to a matter upon which there was, we admit, a legitimate misunderstanding. I hope the House-will now come unanimously to the conclusion that the course we have taken ought to be approved, and that they will consent to the Motion.

Question put and agreed to

Resolved, "That this House will tomorrow, at nine of the clock in the evening, resolve itself into a Committee to consider of the Supply to be granted to His Majesty."—( Mr. Chancellor of the Exchequer.)

Civil Services, 1902–3 (Additional Estimate)

Ordered, That the Additional Estimate, presented 3rd November, be referred to the Committee of Supply.—( Mr. Hayes Fisher.)

Ways And Means

"Resolved, That this House will tomorrow, at nine of the clock in the evening, resolve itself into a Committee to consider of the Ways and Means for raising the Supply to be granted to His Majesty."—

( Mr. Chancellor of the Exchequer.)

Education (England And Wales) Bill

Considered in Committee.

(In the Committee.)

[MR. J. W. LOWTHER (Cumberland, Penrith) in the Chair.]

Clause11:—

(11.8.) Amendment proposed—

"In page 4, line 20, after the word 'Act,' to insert the words 'or fail to provide such additional public school accommodation as is in the opinion of the Board of Education necessary.'"—(Sir William Anson.)

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

Question put, and agreed to.

Question proposed, "That the Clause, as amended, stand part of the Bill."

said that before allowing the Clause to stand part of the Bill, the Committee should get an explanation as to whether the proposal to proceed by mandamus could under the circumstances prove satisfactory. He should, therefore, be glad of a statement from the Attorney General as to the power of the Court under a mandamus to compel the local authority to carry out such a general order as the provision of sufficient school accommodation.

said the case would be analogous to that of the Public Health Act, where there was a provision for compelling the public health authority to exercise the powers of the Act. The order under the Section would be in specific form, such as the Board of Education deemed necessary, and the Court would be asked to enforce the direction of the Board of Education making an order. If this should be disobeyed, the recalcitrant individuals might be proceeded against, and made liable in person or property.

asked whether under the Clause, taken with Clause 12, the mandamus would lie against the local authority or the education committee. The committee would be, in the first instance, the party who would make default, and he should like the views of the Attorney General on that point.

said if lie were to enter into details on that question, he would be anticipating the discussion upon Clause 12. The question of the right hon. Gentleman involved another question, and that was what would be the precise relations between the education committee and the local education authority. If the education committee were merely to be the creature of the local education authority, then, undoubtedly, the mandamus would be directed against the education authority; but if, on the other hand, the education Committee had come independent of the statutory power conferred on them, the answer might be different. Until the Committee had settled Clause 12 he did not think a more definite answer could be given.

said he asked the question on the basis of Clause 11 as it stood. The Attorney General was the proper exponent of the meaning of the Clause; and he was obliged to ask for an interpretation of it now, as vital Amendments to Clause 12 might be closured.

said that if the right hon. Gentleman would second the Government in their earnest desire to get on with the Bill, he need be under no misapprehension as to an opportunity being given for the discussion of important points in Clause 12.

*

said that if the Government proposal in Clause 12 stood and the work was deputed to be done through or by a committee, that Committee would have to have a contiuning statutory existence. What they wanted to know was how the remedy of mandamus could possibly be applicable to a continuing indisposition on the part of that Committee to carry out the Act. An Act of that complicated character could not be enforced in all its points, when the only remedy was a mandamus.

said he wished to ask if they were to regard the answer of the Attorney General as an undertaking from the Government that they had an open mind with reference to Clause 12.

said be given. that then it would be open to the Committee to discuss, without any forcible abbreviation of their time, whether the education committee should be independent of the local authority.

said the statement of the Government that they had an open mind with reference to Clause 12 was a most important one; and he would ask whether, considering that statement, they should proceed with the discussion of Clause 12 at that late hour and open up a new chapter in the Bill. Would it not be wiser to come with fresh minds to its consideration tomorrow.

said there was one point about Clause 11 which he wished to put to the First Lord of the Treasury. The object of the Clause was to provide power to enforce the carrying out of the duties to be conferred under the Act, and his objection was that the Clause did not provide such power. The words of the Clause were entirely restricted to the local education authority, but there were other persons who would have new duties under the Act. Therefore, he thought that the Prime Minister or the Attorney General might consider whether power similar to the power in Clause 11 should not be provided in some other part of the Bill against the boards of management would be set up. Before the Clause passed from the ken of the Committee that aspect of it ought to be considered. He agreed with his hon. friend that a mandamus was not a suitable way of dealing with cases where there was a neglect of duty on the part of the local authority.

said that the First Lord of the Treasury at an earlier stage had expressed his readiness to provide, in some part of the Bill, a means of enforcing a guarantee that the other persons who might undertake to provide a school should carry out their undertaking, and do so without unreasonable delay. He thought he was, therefore, entitled to ask whether the right hon. Gentleman would now give some indication of where and in what way such a proposal would be introduced into the Bill guaranteeing the community against fraudulent and unfair proposals, which might conceivably be made under the Bill as it stood, and which the right hon. Gentleman himself frankly and fairly admitted was an evil which ought to be met. He wished to know how such unfair transactions on the part of private providers of schools would be dealt with.

asked whether it would be in order to discuss on Clause 12 the power to compel the education authority to carry out its duties by a mandamus,

The reply of the Attorney General was that that depended on the relations which would be established between the local authority and the education committee.

said that the answer of the First Lord of the Treasury meant nothing at all. The right hon. Gentleman said that the mandamus would he against the persons responsible, but that begged the question as to who would be the persons responsible. [MR. A. J. BALFOUR: Quite so.] As he understood it, the intention of the Clause was to provide certain powers for enforcing duties to be given to certain persons or bodies under the Act, but such powers should be given with reference to every person who would have duties under the Act. He was not sure whether the managers of denominational schools would have duties under the Act. Probably their position would be that they had privileges without any particular duties; but if any duties were to be imposed on them, they too ought to be dealt with in the Clause before the Committee. It was proposed under Clause 12 that the education authority was to act through an education committee, but it was essential, before they provided for compulsion, that they should know what were to be the relations between the local authority and the education committee. Otherwise they would be entirely at sea. He thought the Committee did not quite appreciate what a mandamus meant. The Education Department could not issue a mandamus. Someone would have to commence an action in the High Court for a mandamus to compel the persons who had duties to perform to exercise them. He appreciated the vagueness of the Clause quite as much as the Prime Minister, and he was not at all sure that vagueness was not the object of the Government; but he felt quite certain that they ought not to insert a provision compelling the performance of duties until they had fully defined what the duties were, and by whom they were to be carried out. Further, the Clause was too limited, as it only directed that the mandamus should issue against the local education authority, leaving everyone else who had duties to perform outside. He could not understand why they were asked to pass the Clause at all, until they knew what the relations between the local education authority and the education committee were to be. After the local education authority had appointed the education committee, so far as he could see they would have no other duty to perform.

AYES.

Agg-Gardner, James TynteChapman, EdwardFitzroy, Hon. Edward Algernon
Allhusen, Augustus H'nry EdenCharrington, SpencerFlower, Ernest
Anson, Sir William ReynellClive, Captain Perey A.Forster, Henry William
Archdale, Edward MervynCochrane. Hon Thos. H. A. E.Foster, Philip S (Warwick, S. W.
Arkwright, John StanhopeCoghill, Douglas HarryGalloway, William Johnson
Arnold-Forster, Hugh O.Collings, Rt. Hon. JesseGarfit, William
Arrol, Sir WilliamColomb, Sir John Charles ReadyGibbs, Hon. Vicary (St. Albans
Atkinson, Rt. Hon. JohnColston, Chas. Edw. H. AtholeGodson, Sir Angnstus Fredk.
Bailey, James (Walworth)Compton, Lord AlwyneGore, Hn G. R.C. Ormsby-(Salop
Bain, Colonel James RobertCox, Irwin Edward BainbridgeGorst, Rt. Hon. Sir. John Eldon
Baird, John George AlexanderCranborne, ViscountGoschen, Hon. George Joachim
Balcarres, LordCross, Alexander (Glasgow)Cray, Ernest (West Ham)
Balfour, Rt. Hon. A J.(Manch'rCross, Herb. Shepherd (BoltonGreene, Sir E W (B'rySEdm'nds
Balfour, Capt. C. B. (Hornsey)Crossley, Sir SavileGreene, Henry D (Shrewsbury)
Balfour, Rt Hn Gerald W (LeedsCubitt, Hon. HenryGrenfell, William Henry
Balfour, Kenneth R. (Christch.Cost, Henry John C.Greville, Hon. Ronald
Banbury, Frederick GeorgeDalrymple, Sir CharlesGroves, James Grimble
Bignold, ArthurDavies, Sir Horatio D (ChathamGuest, Hon. Ivor Churchill
Bigwood, JamesDenny, ColonelHalsey, Rt. Hon. Thomas F.
Bill, CharlesDickson-Poynder, Sir John P.Hambro, Charles Eric
Blundell, Colonel HenryDigby, John K. D. Wingfield-Hanbury, Rt. Hon. Robert Wm.
Bond, EdwardDisraeli, Coningsby RalphHardy, Laurence (Kent, Ashford
Boscawen, Arthur Griffith-Dorington, Rt. Hn. Sir John E.Hare, Thomas Leigh
Bowles, Capt. H.F. (MiddlesexDouglas, Rt. Hon. A. Akers-Harris, Frederick Leverton
Brassey, AlbertDurning-Lawrence, Sir EdwinHaslam, Sir Alfred S.
Brodrick, Rt. Hon. St. JohnFaber, George Denison (YorkHatch, Ernest Frederick Geo.
Bullard, Sir HarryFellowes, Hon. Ailwyn EdwardHay, Hon. Claude George
Batcher, John GeorgeFergusson, Rt Hn Sir J.(Mane'r.Henderson, Sir Alexander
Carson, Rt. Hon. Sir Edw. H.Fielden, Edward BrocklehurstHermon-Hodge, Sir Robert T.
Carvill, Patrick Geo-HamiltonFinch, George H.Hobhouse, Henry (Somerset, E.
Cantley, Henry StrotherFinlay, Sir Robert BannatyneHogg, Lindsay
Cavendish, V.C.W.(DerbyshireFisher, William HayesHope, J.F.(Sheffield, Brightside
Cecil, Evelyn (Aston Manor)Fison, Frederick WilliamHoult, Joseph
Chamberlain, Rt Hon. J.(Birm.FitztGerald, Sir Robert Penrose-Howard, John (Kent, Fav'sham

[An HON. MEMBER: Agreed, agreed.] What was the hon. Member agreed about? He was trying to understand the Bill, and if the hon. Gentleman was able to throw any light upon it, he would be very willing to resume his seat. He maintained, however, that the Committee should not pass Clause 11 until they had discussed Clause 12.

(11.32.)

rose in his place and claimed to move, "That the Question be now put."

Question put, "That the Question be put."

The Committee divided: Ayes, 200; Noes, 87. (division List No. 475.)

Hudson, George BickerstethMorgan, David J(Walth'mstowSackville, Col. S. G. Stopford-
Jebb, Sir Richard ClaverhouseMorrell, George HerbertSadler, Col. Samuel Alexander
Johnstone, HeywoodMorrison, James ArchibaldSamuel, Harry S. (Limehouse
Kenyon, Hon. Geo.T.(Denbigh)Morton, Arthur H. AylmerScott, Sir S. (Marylebone, W.)
Kenyon-Slaney, Col. W.(Salop.Mount, William ArthurSinclair, Louis (Romford)
Keswick, WilliamMurray, Rt Hn A. Graham(ButeSmith, James Parker (Lanarks,
King, Sir Henry SeymourMurray, Charles J. (Coventry)Smith, Hon. W. F. D. (Strand)
Knowles, LeesMyers, William HenryStanley, Edward Jas.(Somerset
Law, Andrew Bonar (Glasgow)Newdegate, Francis A. N.Stewart, Sir Mark J.M'Taggart
Lawrence, Sir Joseph (Monm'thNicholson, William GrahamSturt, Hon. Humphry Napier
Lee, Arthur H.(Hants, FarehamNicol, Donald NinianTalbot, Lord E. (Chichester)
Legge, Col. Hon. HeneageNolan, Col. John P.(Galway,N.Talbot ,Rt Hn. J.G.(Oxf'dUniv,
Leigh-Bennett, Henry CurrieOrr-Ewing, Charles LindsayThornton, Percy M.
Loder, Gerald Walter ErskineParker, Sir GilbertTomlinson, Sir Wm. Edw. M.
Long, Col. Charles W. (EveshamPeel, Hn Wm. Robert WellesleyTufnell, Lieut.-Col. Edward
Long, Rt. Hon Walter (Bristol,SPemberton, John S. G.Valentia, Viscount
Lowe, Francis WilliamPercy, EarlWalker, Col. William Hall
Loyd, Archie KirkmanPlatt-Higgins, FrederickWalrond, Rt. Hon. Sir Wm. H.
Lucas, Col. Francis (LowestoftPlummer, Walter R.Welby, Lt-Col A.C.E.(Taunton
Lucas, Reginald J.(PortsmouthPowell, Sir Francis SharpWelby, Sir Charles G. E. (Notts.
Lvttelton, Hon. AlfredPretyman, Ernest GeorgeWharton, Rt. Hon. John Lloyd
Macdona, John CummingPryce-Jones, Lt.-Col. EdwardWhiteley,H(Asliton-und-Lyne
Maconochie, A. W.Purvis, RobertWilliams, Colonel R. (Dorset)
M'Arthur, Charles (Liverpool)Pym, C. GuyWillox, Sir John Archibald
M'Iver, Sir Lewis (Edinburgh WRankin, Sir JamesWilson, A. Stanley (York, E.R.)
M'Killop, James (StirlingshireRasch, Major Frederic CarneWilson-Todd, Wm. H. (Yorks.
Majendie, James A. H.Remnant, James FarquharsonWortley, Rt. Hon. C. B. Stuart-
Malcolm, IanRitchie, Rt. Hn. Chas. ThomsonWrightson, Sir Thomas
Manners, Lord CecilRoberts, Samuel (Sheffield)Wyndham, Rt. Hon. George
Maxwell ,W J H (DumfriesshireRobertson, Herbert (Hackney)Wyndham-Quin, Major W. H.
Meysey-Thompson, Sir H. M.Rothschild, Hon. Lionel Walter
Mildmay, Francis BinghamRound, Rt. Hon JamesTELLERS FOR THE AYES.—
Milner, Rt. Hon Sir Frederick G.Royds, Clement MolynenxSir Alexander Acland-
More, Robt. Jasper (ShropshireRutherford, JohnHood and Mr. Anstruther.

NOES.

Abraham, William (Rhondda)Grant, CorrieRoberts, John Bryn (Eifion)
Allan, Sir William (Gateshead)Gurdon, Sir W. BramptonRoberts, John H. (Denbighs.)
Allen, Charles P.(Gloue., StroudHarmsworth, R. LeicesterRunciman, Walter
Bayley, Thomas (Derbyshire)Hayne, Rt. Hon. Charles Seale-Shackleton, David James
Brigg, JohnHolland, Sir William HenryShaw, Charles Edw. (Stafford
Broadhurst, HenryHope, John Deans (Fife, West)Shipman, Dr. John G.
Brown, George M. (Edinburgh)Humphreys-Owen, Arthur C.Sinclair, John (Forfarshire)
Brunner, Sir John TomlinsonJacoby, James AlfredSoares, Ernest J.
Bryce, Rt. Hon. JamesJones,David Brynmor (Sw'nseaSpencer, Rt Hn. C. R. (Northants
Buxton, Sydney CharlesKearley, Hudson E.Stevenson, Francis S.
Caldwell, JamesKitson, Sir JamesStrachey, Sir Edward
Campbell-Bannerman, Sir H.Lambert, GeorgeThomas, Abel (Carmarthen, E.)
Causton, Richard KnightLangley, BattyThomas, Sir A. (Glamorgan, E.)
Cawley, FrederickLeese, Sir Joseph F. (AccringtonThomas, David Alfred (Merthyr
Channing, Francis AllstonLeigh, Sir JosephThomas, F. Freeman-(Hastings
Cremer, William RandalLeng, Sir JohnThomas, J A (Glamorgan, Gower
Dalziel, James HenryLevy, MauriceToulmin, George
Davies, Alfred (Carmarthen)Lough, ThomasWarner, Thomas Courtenay T.
Davies, M. Vaughan-(CardiganM'Kenna, ReginaldWason, Eugene
Dilke, Rt. Hon. Sir CharlesMansfield, Horace RendallWhite, George (Norfolk)
Douglas, Charles M. (Lanark)Morgan, J. Lloyd (Carmarthen)White, Luke (York, E. R.)
Edwards, FrankMorley, Charles (Breconshire)Whitley, J. H. (Halifax)
Ellis, John EdwardNorman, HenryWilson, Henry J. (York, W.R.)
Evans, Sir Francis H (MaidstonePearson, Sir Weetman D.Woodhouse, Sir J T (Huddersf'd
Evans, Samuel T. (Glamorgan)Pease, J. A. (Saffron Walden)Yoxall, James Henry
Ferguson, R. C. Munro (Leith)Perks, Robert William
Fitzmaurice, Lord EdmundPhilipps, John Wynford
Foster, Sir Walter (Derby Co.)Priestley, ArthurTELLERS FOR THE NOES.—
Fuller, J. M. F.Rea, RussellMr. Herbert Gladstone and
Furness, Sir ChristopherReckitt, Harold JamesMr. William M'Arthur
Goddard, Daniel FordRickett, J. Compton

(11.43) Question put accordingly, "That the Clause, as amended, stand part of the Bill."

AYES.

Agg-Gardner, John TynteFinch, George H.Maconochie, A. W.
Allhusen, Augustus H'nry EdenFinlay, Sir Robert BannatyneM'Arthur, Charles (Liverpool)
Anson, Sir William ReynellFisher, William HayesM'Iver, Sir Lewis (EdinburghW
Archdale, Edward MervynFison, Frederick WilliamM'Killop, James (Stirlingshire)
Arkwright, John StanhopeFitzGerald, Sir Robert Penrose-Majendie, James A. H.
Arnold-Forster, Hugh O.Fitzroy, Hon. Edward AlgernonMalcolm, Ian
Arrol, Sir WilliamFlower, ErnestManners, Lord Cecil
Atkinson, Rt. Hon. JohnForster, Henry WilliamMaxwell, W. J . H. Dumfriessh.
Bailey, James (Walworth)Foster, Philip S.(Warwick, S.WMeysey-Thompson, Sir H. M.
Bain, Colonel James RobertGalloway, William JohnsonMildmay, Francis Bingham
Baird John George AlexanderGarfit, WilliamMilner, Rt. Hon. Sir Frederick G.
Balcarres, LordGibbs, Hon. Vicary (St. Albans)More, Robt, Jasper (Shropshire)
Balfour, Rt. Hon. A. J. (Manch'rGodson, Sir Augustus FrederickMorgan, David, J (Walthamstow
Balfour, Capt. C. B. (Hornsey)Gore, Hn G. R. C Ormsby-(SalopMorrell, George Herbert
Balfour, Rt Hn. Gerald. W. (LeedsGorst, Rt. Hon. Sir John EldonMorrison, James Archibald
Balfour, Kenneth R. (Christch).Goschen, Hon. George JoachinMorton, Arthur H. Aylmer
Banbury, Frederick GeorgeGray, Ernest (West Ham)Mount, William Arthur
Bignold, ArthurGreene, Sir E. W. (B'ry SEdm'dsMurray, Rt Hn A. Graham (Bute
Bigwood, JamesGreene, Henry D. (Shrewsbury)Murray, Charles J. (Coventry)
Bill, CharlesGrenfell, William HenryMyers, William Henry
Blundell Colonel HenryGreville, Hon. RonaldNewdegate, Francis A. N.
Bond, EdwardGroves, James GrimbleNicholson, William Graham
Boscawen, Arthur Griffith-Guest, Hon. Ivor ChurchillNicol, Donald Ninian
Bowles, Capt. H. F. (Middlesex)Halsey, Rt. Hon. Thomas F.Nolan, Col. John P. (Galway, N.
Brassey, AlbertHambro, Charles EricOrr-Ewing, Charles Lindsay
Brodrick, Rt. Hon. St. JohnHanbury, Rt. Hn. Robert Wm.Parker, Sir Gilbert
Bollard, Sir HarryHardy, Laurence (Kent, Ashf'rdPeel, Hn. Wm. Robt. Wellesley
Butcher, John GeorgeHare, Thomas LeighPemberton, John S. G.
Carson, Rt. Hon. Sir Edw. H.Harris, Frederick LevertonPercy, Earl
Carvill, Patrick Geo. HamiltonHaslam, Sir Alfred S.Platt-Higgins, Frederick
Cautley, Henry StrotherHatch, Ernest Frederick Geo.Plummer, Walter R.
Cavendish, V.C.W.(DerbyshireHay, Hon. Claude GeorgePowell, Sir Francis Sharp
Cecil, Evelyn (Aston Manor)Henderson, Sir AlexanderPretyman, Ernest George
Chamberlain, Rt. Hon. J.(Birm.Hermon-Hodge, Sir Robert T.Pryce-Jones, L.-Col. Edward
Chapman, EdwardHobhouse, Henry (Somerset, E.)Purvis, Robert
Charrington, SpencerHogg, LindsayPym, C. Guy
Clive, Captain Percy A.Hope, J.F. (Sh'ffield, BrightsideRankin, Sir James
Cochrane, Hon. Thos. H. A. E.Hoult, JosephRasch, Major Frederic Carne
Coghill, Douglas HarryHoward, John (Kent, Faversh'mRemnant, James Farquharson
Collings, Rt. Hon. JesseHudson, George BickerstethRitchie, Rt. Hn Chas. Thomson
Colomb, Sir John Charles ReadyJebb, Sir Richard ClaverhouseRoberts, Samuel (Sheffield)
Colston, Chas. Edw. H. AtholeJeffreys, Rt. Hon. Arthur Fred.Robertson, Herbert (Hackney)
Compton, Lord AlwyneJohnstone, HeywoodRothschild, Hon. Lionel Walter
Cox, Irwin Edward BainbridgeKenyon, Hon. Geo. T. (Denbigh)Round, Rt. Hon. James
Cranborne, ViscountKenyon-Slaney, Col. (Salop)Royds, Clement Molyneux
Cross, Alexander (Glasgow)Keswick, WilliamRutherford, John
Cross, Herb. Shepherd (Bolton)King, Sir Henry SeymourSackville, Col. S. G. Stopford-
Crossley, Sir SavileKnowles, LeesSadler, Col. Samuel Alexander
Cubitt, Hon. HenryLaw, Andrew Bonar (GlasgowSamuel, Harry S. (Limehouse)
Cust, Henry John C.Lawrence, Sir. Joseph (Monm'thScott, Sir S. (Marylebone, W.)
Dalrymple, Sir CharlesLee, Arthur H (Hants., FarehamSinclair, Louis (Romford)
Davies, Sir HoratioD(ChathamLegge, Col. Hon. HeneageSmith, Jas. Parker (Lanarks)
Denny, ColonelLeigh-Bennett, Henry CurrieSmith, Hon. W. F. D. (Strand)
Dickson-Poynder, Sir John P.Loder, Gerald Walter ErskineStanley, Edward Jas. (Somerset
Digby, John K. D. Wingfield-Long, Col. Chas. W. (Evesham)Stewart, Sir Mark J. M'Taggart
Disraeli, Coningsby RalphLong, Rt. Hn. Walter (Bristol, SSturt, Hon. Humphry Napier
Dorington, Rt. Hon. Sir John E.Lowe, Francis WilliamTalbot, Lord E. (Chichester)
Douglas, Rt. Hon. A. Akers-Lowther, C. (Cumb. Eskdale)Talbot, Rt Hn. J.G.(Oxf'dUniv.
Durning-Lawrence, Sir EdwinLloyd, Archie KirkmanThornton, Percy M.
Faber, George Denison (York)Lucas, Col. Francis (Lowestoft)Tomlinson, Sir Wm. Edward M.
Fellowes, Hon. Ailwyn EdwardLucas, Reginald, J (PortsmouthTufnell, Lieut.-Col, Edward
Fergusson, Rt. Hn. Sir J.(Manc'rLyttelton, Hon. AlfredValentia, Viscount
Fielden, Edward BrocklehurstMacdona, John CummingWalker, Col. William Hall

The Committee divided:—Ayes, 203; Noes, 87. (Division List No. 476.)

Walrond, Rt, Hn. Sir William HWilliams, Colonel R. (Dorset)Wyndham, Rt. Hon. George
Warde, Colonel C. E.Willox, Sir John ArchibaldWyndham-Quin, Major W. H.
Welby, Lt.-Col. A.C.E.(Taunt'nWilson, A. Stanley (York, E. R.
Welby, Sir Charles G. E. (Notts.Wilson-Todd, Wm. H. (YorksTELLERS FOR THE AYES—
Wharton, Rt. Hon. John LloydWortley, Rt. Hon. C. B. Stuart-Sir Alexander Acland-
Whiteley, H (Ashton-und. LyneWrightson, Sir ThomasHood and Mr. Anstruther.

NOES.

Abraham, William (Rhondda)Gurdon, Sir W. BramptonRoberts, John Bryn (Eition)
Allan, Sir William (Gateshead)Harmsworth, R. LeicesterRoberts, John H. (Denbighs.)
Allen, Charles P (Glone., StrondHayne, Rt. Hon. Charles Seale-Runciman, Walter
Bayley, Thomas (Derbyshire)Holland, Sir William HenryShackleton, David James
Brigg, JohnHope, John Deans (Fife, West)Shaw, Charles Edw. (Stafford)
Brown, George M. (Edinburgh)Humphreys-Owen, Arthur C.Shipman, Dr. John G.
Brunner, Sir John TomlinsonJacoby, James, AlfredSinclair, John (Forfarshire)
Bryce, Rt. Hon. JamesJones, David Brynmor (Sw'nseaSoares, Ernest J.
Buxton, Sydney CharlesKearley, Hudson, E.Spencer, Rt Hn C. R (Northants
Caldwell, JamesKitson, Sir JamesStevenson, Francis S.
Campbell-Bannerman, Sir H.Lambert, GeorgeStrachey, Sir Edward
Causton, Richard knightLangley, BattyThomas, Abel (Carmarthen, E.
Cawley, FrederickLeese, Sir Joseph F.(AccringtonThomas, Sir A. (Glamorgan, E.
Channing, Francis AllstonLeigh, Sir JosephThomas, David Alfred (Merthyr
Cremer, William RandalLeng, Sir JohnThomas, F. Freeman-(Hastings
Dalziel, James HenryLevy, MauriceThomas, J A (Glamorgan Gower
Davies, Alfred (Carmarthen)Lough, ThomasToulmin, George
Davies, M. Vaughan-(CardiganM'Arthur, William (Cornwall)Warner, Thomas Courtenay T.
Dilke, Rt. Hon. Sir CharlesM'Kenna, ReginaldWason, Eugene
Douglas, Charles M. (Lanark)Mansfield, Horace RendallWhite, George (Norfolk)
Edwards, FrankMorgan, J. Lloyd (Carmarthen)White, Luke (York, E. R.)
Ellis, John EdwardMorley, Charles (Breconshire)Whitley, J. H. (Halifax)
Evans, Sir Francis H (MaidstoneNorman, HenryWilson, Henry J. (York, E. R.
Ferguson, R. C. Munro (Leith)Pearson, Sir Weetman D.Woodhouse, Sir J T(Hudd'rsfi'd
Fitzmaurice, Lord EdmondPease, J. A. (Saffron Walden)Yoxall, James Henry
Foster, Sir Walter (Derby Co.)Perks, Robert William
Fuller, J. M. F.Philipps, John Wynford
Furness, Sir ChristopherPriestley, ArthurTELLERS FOR THE NOES—
Gladstone, Rt. Hn. Herbert JohnRea, RussellMr. Broadhurst and Mr.
Goddard, Daniel FordReckitt, Harold JamesSamuel Evans.
Grant, CorrieRickett, J. Compton

Committee report Progress; to sit again tomorrow.

Bankers (Ireland) Act Repeal Bill

Order for Second Reading read.

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

said that they ought to have some explanation o the Bill, all the more as the Irish Members were absent. If the Bill had the assent of the Irish Members, so far as he was concerned he would not object to the Second Reading; but he hoped that in a matter of that kind—

It being Midnight, the Debate stood adjourned.

Debate to be resumed Tomorrow.

in pursuance of the Order of the House of the 16th October last, adjourned the House without Question put.

Adjourned at two minutes after Twelve o'clock.