Skip to main content

Commons Chamber

Volume 127: debated on Friday 7 August 1903

House of Commons

Friday, August 7, 1903

The House met at Twelve of the Clock.

Unopposed Private Bill Business

Cork Harbour Bill; Ebbw Vale Water and Improvement Bill; Erith Tramways and Improvement Bill; Great Central Railway Bill; North Eastern Railway Bill; Sheffield Corporation Bill; South Yorkshire Joint Railways Bill; Western Valleys (Monmouthshire) Sewerage Board Bill. Lords Amendments considered, and agreed to.

Bradford Corporation Bill [Lords]; Bury and District Joint Water Board Bill [Lords]. Read the third time, and passed, with Amendments.

North-Western Electricity and Power-Gas Bill [Lords]. To be read the third time upon Monday next.

Preston, Chorley, and Horwich Tramways Bill [Lords]. A verbal Amendment made; Bill read the third time, and passed, with Amendments.

Salford Corporation Bill [Lords] (King's Consent signified). Bill read the third time, and passed, with Amendments.

Shropshire and Worcestershire Electric Power Bill [Lords]. Read the third time, and passed, with Amendments.

Private Bills

Ordered, That Standing Orders 220 and 246, relating to Private Bills, be suspended for the remainder of the session.

That as regards Private Bills to be returned by the House of Lords with Amendments such, Amendments (if unopposed) be considered forthwith.

That as regards Private Bills to be returned by the House of Lords with Amendments such Amendments (if opposed) shall be considered at such times as the Chairman of Ways and Means may determine.

That when it is intended to propose any Amendments thereto, a copy of such Amendments shall be deposited in the Private Bill Office, and notice given on the day on which the Bill shall have been returned from the Lords.—( The Chairman of Ways and Means. )

Hastings Harbour Bill [Lords]. Ordered, That Standing Orders 211 and 236 be suspended, and that the Committee of Selection have leave to appoint the Committee on the Bill, to sit and proceed on Tuesday 11th August.—( The Chairman of Ways and Means. )

South Western and Isle of Wight Junction Railway Bill [Lords]. Reported, without Amendment; Report to lie upon the Table, and to be printed.

Scottish Central Electric Power Bill [Lords]. Reported, with Amendments; Report to lie upon the Table, and to be printed.

Message from the Lords

That they have agreed to, Wick and Pulteney Harbours Order Confirmation Bill, without Amendment.

Seaforth and Sefton Junction Railway Bill, Coventry Electric Tramways Bill, Strabane and Letterkenny Railway Bill, now—Strabane, Raphoe, and Convoy Railway Bill, with Amendments.

Amendment to Amendments to— East Ham Improvement Bill, without Amendment.

Returns, Reports, Etc

Wholesale and Retail Prices

Return presented, relative thereto [ordered 6th August; Mr. Gerald Balfour ]; to lie upon the Table, and to be printed. [No. 321.]

Trade (British Colonies With Foreign Countries)

Return presented, relative thereto [ordered 6th August; Mr. Gerald Balfour]: to lie upon the Table, and to be printed. [No. 322.]

Local Government Board

Copy presented, of Thirty-second Annual Report of the Local Government Board, 1902–3 [by Command]; to lie upon the Table.

Board of Agriculture (Distribution of Grants.)

Copy presented, of Annual Report on the Distribution of Grants for Agricultural Education and Research in the year 1902–3 [by Command]; to lie upon the Table.

Canada

Copy presented, of Address to His Majesty on Irish Affairs from the House of Commons of Canada, and the Reply thereto [by Command]; to lie upon the Table.

Colonial Reports (Annual)

Copy presented, of Colonial Report, No. 392 (St. Helena, Annual Report for 1902) [by Command]; to lie upon the Table.

East India Revenue Accounts

Ordered, That the several Accounts and Papers which have been presented to the House in this session of Parliament relating to the Revenues of India be referred to the consideration of a Committee of the whole House.—( Secretary Lard George Hamilton. )

Resolved, That this House will, upon Thursday next, resolve itself into the said Committee.—( Secretary Lord George Hamilton. )

Rand Mines (Native Mortality)

Address for "Return of the Statistics of Mortality, Sickness and Desertion amongst the natives employed in the Rand Mines during the period October, 1902 to March, 1903."—( Mr. Trevelyan. )

London (Equalisation of Rates) Act, 1894 (Accounts Under Section 1 (7) of the Act)

Return ordered, "showing according to the accounts for the twelve months preceding the 31st day of March, 1903, furnished to the Local Government Board under Section 1 (7) of the London (Equalisation of Rates) Act, 1894; (1) The amounts paid during the year out of the Equalisation Fund under the Act to the Corporation of the City of London and each of the Councils of Metropolitan Boroughs to whom payments out of that fund were made; (2) The amount of the expenses incurred during the year by each of these authorities (a) under the Public Health (London) Act 1891 (including expenses of scavenging streets); (b) in respect of lighting; and (c) in respect of streets (other than the expenses of scavenging); and (3) The amount expended during the year by each such authority out of the sums received by them under the Act (in continuation of Parliamentary Paper, No. 301, of session 1902)."—( Mr. Grant Lawson. )

Local Taxation Account, 1902–3

Return ordered, "showing, in respect of the financial year ended the 31st day of March, 1903, the distribution of the proceeds of the Local Taxation Licences, Estate Duty, and Local Taxation (Customs and Excise) Duties paid into the Local Taxation Account in pursuance of the provisions of the Local Government Act, 1888, the Local Taxation (Customs and Excise) Act, 1890, and The Finance Act, 1894 (in continuation of Parliamentary Paper, No. 274, of session, 1902)."—( Mr. Grant Lawson. )

Duties on British Goods (Foreign Countries)

Order [24th April, 1902] for Return relative thereto read, and discharged.— ( Mr. Gerald Balfour. )

Questions and Answers Circulated With the Votes

Questions

Marine Insurance Law Consolidation Bill

To ask the First Lord of the Treasury whether he is aware of the desire of the shipping and commercial community that the Marine Insurance law Consolidation Bill shall become law this session; and, if so, whether he will take such steps as may be necessary to secure this end.

( Answered by Mr. A. J. Balfour. ) I have seen the documents which contain the evidence of the widespread desire on the part of the mercantile community that this Bill should become law. Personally, I should be most glad to see it pass. But the Bill is a long one; it is full of detail, and as opposition has been threatened, and is, indeed, certain, I cannot entertain much hope that the necessary time for its passage can be found.

Regulations as to the Importation of Dogs

To ask the hon. Member for North Huntingdonshire, as representing the President of the Board of Agriculture, whether he is aware that the character of the regulations as to the importation of dogs imposed by the Board eighteen months ago has led to considerable smuggling of dogs into this country, and has thus increased rather than lessened the risk of the introduction of rabies; and whether, having regard to the replies of the President of the Board of Agriculture to Questions on the 26th November and 4th December, 1902, † to the effect that there have been only two instances of rabies in dogs imported, and that these cases had been promptly reported by the owners under the previous regulations, he will consider the advisability of reverting to the previous regulations, with such modifications as experience has shown to be advisable.

( Answered by Mr. Ailwyn Fellowes. ) Detailed inquiry is now being made by the Customs authorities as to the allegation that a considerable number of dogs are being smuggled into this country. The results of this inquiry will be available very shortly, and we shall then be in a position to determine whether any further amendment of the regulations is requisite, in order to prevent the risk of the re-introduction of rabies into Great Britain. I may add that the regulations to which the hon. Member refers were extensively contravened at every point, and that their administration was attended with a maximum of friction and difficulty. It was on these grounds that the late President of the Board decided to issue the Order now in force.

Pay of Dockyard Joiners

To ask the Secretary to the Admiralty whether any decision has now been arrived at with regard to the petition affecting the pay of joiners in His Majesty's Dockyards, presented in October of last year.

( Answered by Mr. Arnold Forster. ) I must beg to refer my hon. friend to my reply to a Question on this subject asked by the hon. Member for Portsmouth, which was circulated with the Votes yesterday.†

Cost and Plans of Proposed Extension of British Museum

To ask the hon. Member for West Derbyshire, as representing the First Commissioner of Works, what is the total estimated cost of the proposed extension of the British Museum, towards which £150,000 is allocated in the Public Buildings Extension Bill.

( Answered by Mr. Victor Cavendish. ) The total estimated cost is £200,000, of which,£50,000 will, as stated in the note to the schedule of the Bill, be provided out of funds bequeathed to the trustees.

To ask the hon. Member for West Derbyshire, as representing the First Commisioner of Works, if any plans have been prepared for the proposed extension of the British Museum; and, if so, by what architect.

( Answered by Mr. Victor Cavendish. ) Sketch plans have been prepared by the principal architect of the Office of Works for an extension of the Museum by the erection of a new block in Montague Place. The designs have been prepared to accord with the architecture and arrangements of the existing buildings. The First Commissioner will undertake to have the plans exhibited in the Tea Room on Monday next, the 10th.

Model of Proposed National Memorial to Queen Victoria

To ask the hon. Member for West Derbyshire, as representing the First Commissioner of Works, if it is proposed to exhibit a model of the national memorial to Her late Majesty Queen Victoria.

† see (4) Debates, cxxvi., 1585.

( Answered by Mr. Victor Cavendish. ) The First Commissioner is informed that the model has been made for the use of the architect and sculptor, and that there is no intention to exhibit it publicly; but that, when the model is placed next October in a convenient place, Members will be allowed an opportunity of seeing it.

Rates paid by Railway Companies to Local Authorities

To ask the President of the Board of Trade whether he can state the total aggregate amount of rates paid to local authorities by the railway companies of the United Kingdom in each of the years 1882, 1892, and 1902.

( Answered by Mr. Gerald Balfour. ) The Returns furnished to the Board of Trade by the Railway Companies do not distinguish rates and taxes separately. The total amount of rates and taxes included in these Returns for the year 1882 was£l,773,634, forl892£2,368,558, and for 1902 £4,227,593.

Irish Postal Order Department

To ask the Secretary to the Treasury whether he can explain why there is a special postal order branch of the General Post Office in London dealing exclusively with postal order work, while there is not a corresponding special postal order branch in Dublin for Irish postal order work; why the Accountant in Dublin deals with the Irish total issues and payments, as they affect each postmaster's cash account, only to the same extent that the Controller and Accountant General's Department in London deals with English total issues and payments; and why the details of Irish postal order work are mainly dealt with at the postal order branch in London.

( Answered by Mr. Austen Chamberlain. ) As I explained to the hon. Member on the 1st ultimo, † for the sake of simplicity of working, all postal orders in the United Kingdom are issued from and returned to London, where the detailed work in connection with the orders must consequently take place.

Irish Non-voted Accounts

To ask the Secretary to the Treasury, if he will state the names of the Irish non-voted accounts which are paid for out of Irish moneys, not out of Imperial funds, and which are audited by the Comptroller and Auditor-General in London, and the amount paid out of these Irish moneys to the Comptroller and Auditor-General for auditing each of these accounts; and whether, having regard to the fact that this Irish money is at present spent in London, arrangements will be made to have the accounts audited in Dublin so that this Irish money may be spent in Ireland.

( Answered by Mr. Elliot. ) All the amounts paid out of Irish moneys for the audit of Irish non-voted accounts are £100 and £180 for the audit respectively of the Intermediate Education and Irish Church Temporalities Accounts. The audit is partly carried out in Dublin, and it is not considered desirable to make any change in the present arrangements.

Grant to Scottish National Gallery

To ask the Secretary to the Treasury, whether, in view of the fact that the Committee on the Board of Manufactures has been unable to present its Report in time for consideration this session, he will take steps to prevent the National Gallery, Scotland, from losing during the present financial year the benefit of the promise of a grant for the purchase of pictures made by the Chancellor of the Exchequer on 26th June 19O2.†

( Answered by Mr. Elliot. ) It will be possible to ask Parliament for a grant for the National Gallery of Scotland in respect of the current financial year if, on consideration of the Committee's Report, it shall appear that the conditions laid down by the late Chancellor of the Exchequer are satisfactorily fulfilled.

Central Telegraph Office, London— MealReliefs

To ask the Postmaster-General, whether the alteration of the regulations concerning meal reliefs for telegraphists, that on all continuous duties of eight hours, day or night, thirty minutes for meal relief are to be granted, is to be applied to the Central Telegraph Office, London; and, if so, whether he will state when the new arrangements will come into operation at this office.

( Answered by Mr. Austen Chamberlain. ) A notification has been issued to the staff of the Central Telegraph Office explaining the modifications which have been made in the rules relating to meal reliefs so far as they affect that office. If any member of the staff requires further information he should apply to the Controller.

Rynn and Black River Drainage, County Leitrim

To ask the Chief Secretary to the Lord Lieutenant of Ireland if he will state the area of charge for the Rynn and Black River, County Leitrim, drainage; and whether, seeing that most of the drainage works were done on Colonel Clements' estate, can he state whether the whole of Colonel Clements' estate is liable for the tax, and will he also explain why the area of charge has been reduced and state what area has benefited by the reduction.

( Answered by Mr. Wyndham. ) The area of charge in the Rynn and Black River Drainage District is 4,695 acres, 2 roods, and 20 perches. In 1859 drainage works were carried out on the estates of thirty-eight proprietors, the lands of each of whom became liable for repayment of the loan advanced, namely, £15,000, in proportion to the benefits derived by the lands. The loan has been repaid. In 1894 the Board carried out works of maintenance under the Drainage Maintenance Act, 1866, and Colonel Clements became liable in respect of his improved lands in the district for about one-sixth of the Board's charge at foot of advances for those works, which came to £2,713. If Colonel Clements has lands outside the drainage district they would not be subject to the charge. The area of charge has at no time been reduced.

To ask the Chief Secretary to the Lord Lieutenant of Ireland whether, in view of the fact that money was borrowed for the Rynn and Black River drainage in County Leitrim, prior to 1889, he will say if those tenants who purchased their holdings in 1889 and 1890, are to be charged with the repayment of a sum their consent to borrow which was not asked; and whether he will give particulars as to the nature of the levies made in respect of these loans, the sum realised, and state whether the person who superintends the drainage is the collector of the drainage tax.

( Answered by Mr. Wyndham. ) The only loan advanced by the Board of Works in respect of this drainage district, prior to 1889, was the sum of £15,000, referred to in my answer to the hon. Member's, preceding Question. Repayment of this loan was completed in 1881. A sum of £2,713 was advanced by the Board in 1894 as the cost of putting the district in order under the Drainage Maintenance Act, 1866. The last instalment of this advance will fall due in 1905. This is the only advance for which the present proprietors are liable; it was made for works of repair executed by the Board under their compulsory powers, and the consent of the proprietors was not necessary. The sum annually leviable on foot of this advance is £301. The principal realised to the present date is £2,024. The maintenance rate is collected for the trustees of the drainage district, but by whom I have no official information.

Education of Tamil Children in Ceylon

To ask the Secretary of State for the Colonies if he is aware of the absence of provision for the primary education of the children of the large Tamil population employed on tea estates in Ceylon; and, if so, whether he will urge on the Government of that island the desirability of establishing schools for their benefit.

Answered by Mr. Secretary Chamberlain. ) The attention of the Governor of Ceylon has already been called to the subject of the hon. Member's Question, and I am awaiting his report.

Transfer of Aden from India Office to Foreign Office

To ask the First Lord of the Treasury whether the contemplated transfer of Aden from the Government of India to the Foreign Office has been further considered; and, if so, whether any decision has been arrived at.

( Answered by Mr. A. J. Balfour. ) At the present time I can only say that the proposal is still under the consideration of His Majesty's Government.

Mr. E. T. Hooley

To ask Mr. Attorney-General whether his attention has been drawn to the case of Bradshaw v. Kelly, tried before Mr. Justice Darling at the Royal Courts of Justice on 6th August, and to the statement of the learned Judge that the proceedings of Mr. E. T. Hooley in. this case were fraudulent, that every document in the case was a fraud, and that from the inception of the proceedings there had been nothing but fraud; and. if so, whether he intends to advise the Public Prosecutor to commence criminal proceedings against the person or persons who have committed these frauds.

( Answered by Sir Robert Finlay. ) I have asked the Director of Public Prosecutions to make inquiries as to this case.

To ask Mr. Attorney-General whether his attention has been drawn to the case of Moore v. Hooley, tried before Mr. Justice Buckley at the Royal Courts of Justice on 5th August, and to the statement of the learned Judge that he did not believe a word of the evidence given on oath by a Mr. E. T. Hooley, an uncertificated bankrupt; and, if so, whether he intends to advise the public prosecutor to commence proceedings for perjury against this man.

( Answered by Sir Robert Finlay. ) I have asked the Director of Public Prosecutions to inquire into this case.

Motor-Cars Bill [Lords]

(Considered in Committee.)

(In the Committee.)

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

Clause 1.

* : The first Amendment on the Paper standing in the name of the hon. Member for Coventry ought to be moved as a new clause.

said that for the convenience of the Committee he wished to state that he had considered the suggestion contained in the Amendment of his hon. friend, and having regard to the fact that a great deal of what they were doing must necessarily be of a some what speculative character, he wished to announce that he should be prepared in the proper place to accept an Amendment to that effect.

said the object of the Amendment which he had to move was to make it clear that if the owner was on the car when the driver contravened any of the regulations of this Act, that the owner should be liable as well as the driver. In the other House a somewhat similar Amendment was moved, and it was stated by the Lord Chancellor that it was unnecessary, because under the Summary Jurisdiction Act of 1895 any person who aided and abetted would be equally liable with the driver. It seemed to him, however, that that objection was unreasonable, because if the owner was already liable it could do no harm to make him liable under this Act. He thought it was advisable to put all the penalties and clauses into one Act, so that there would be no confusion as to whether any person came under this Act or not. Justices of the peace might overlook the Summary Jurisdiction Act, and in order to make the law perfectly clear he thought this Amendment should be inserted. Under the Summary Jurisdiction Act they would have to prove that the owner himself aided and abetted, and that would be a very difficult matter. He trusted that his right hon. friend would be able to accept this Amendment.

Amendment proposed—

"In page 1, line 5, after the word 'drives,' to insert the words 'or being an owner permits when present.'"—( Sir Frederick Banbury. )

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

said they all agreed that the person chiefly responsible for the offence should be himself liable to the penalties, but this was not the result which would follow from the adoption of this Amendment. The hon. Baronet had correctly stated what took place in the House of Lords, but there would be very great danger if the words he had proposed were inserted that the effect would be to limit the law which now existed. The hon. Baronet had only stated the effect in the case where the owner was in the car, but there was another case which, in his humble opinion, was even more deserving of punishment than the one to which he referred. Take the case of an owner who wished his car to meet a train at the station, and told his driver to catch the train at any cost. Under the law he would be guilty of aiding and abetting, but, if the words now suggested were put in, there would be a very considerable risk of the liability not extending to the owner when he was not in the car. If the owner aided and abetted an offence, they wished to make him guilty of an offence, and he had been advised by the law officers that this Amendment would rather weaken than strengthen the law upon this point.

said that surely the contention of the right hon. Gentleman pointed to the withdrawal of the words "when present." If those words were omitted the Amendment would at once cover the case mentioned by the President of the Local Government Board.

said he should like to have the words "when present" inserted, in order that the presence of the owner should he necessary to make him criminally liable.

agreed that the omission of the words "when present" would be an improvement. If the owner permitted a breach of the Act he should be made responsible. He did not think there would be any opposition offered to this proposal.

said he was quite willing to amend the Amendment by leaving out the words "when present."

did not think the words "when present" should be omitted. Were they going to make the owner liable for permitting dangerous driving when he did not happen to be in the car himself, and knew nothing at all about it? He hoped the right hon. Gentleman would not accept this Amendment.

said the President of the Local Government Board had given a conclusive answer to the Amendment. Permission was a form of abetting, and under the law any person who aided and abetted was equally liable to the principal offender, and the law as it stood was quite as strong as it would be by the insertion of these words. He could not conceive a case in which it could be shown that the owner, whether present or absent, would not be liable just the same as the driver.

* said they all agreed that if an owner permitted intentionally a breach of the law he ought to be made liable. If the words "when present" were to remain, he would ask whether the case could not be met by adding to the Amendment the words "or if absent, intentionally or knowingly permits." It seemed to him that those words would cover any case of the owner either ordering the driver to go at an excessive speed in his absence or of permitting the offence when he was present.

thought they would only get into greater difficulties if they added the words which had been suggested by the hon. Member for Westminster. The law as to aiding and abetting quite met the case.

Amendment proposed to the proposed Amendment—

"In line 2 to leave out the words 'when present.'"

Amendment to proposed Amendment agreed to.

Question put.

The Committee divided:—Ayes, 37; Noes, 72. (Division List No. 239).

AYES.

Beach, Rt. Hon. Sir M. Hick

Goulding, Edward Alfred

Sloan, Thomas Henry

Brigg, John

Greene, Hy. D. ( Shrewsbury )

Spear, John Ward

Burdett-Coutts, W.

Joyce, Michael

Sullivan, Donal

Caldwell, James

Lawson, Sir Wilfrid ( Cornwall

Thomson, F. W. ( York, W. R. )

Cawley, Frederick

Layland-Barratt, Francis

Tomkinson, James

Channing, Francis Allston

Loder, Gerald Walter Erskine

Toulmin, George

Cohen, Benjamin Louis

Lundon, W.

White, Luke ( York, E. R. )

Corbett, T. L. ( Down, North )

Muntz, Sir Philip A.

Whitley, J. H. ( Halifax )

Dalkeith, Earl of

O'Kelly, J. ( Roscommon, N. )

Yoxall, James Henry

Delany, William

Randles, John S.

Dilke, Rt. Hon. Sir Charles

Rigg, Richard

TELLERS FOR THE AYES

Donelan, Captain A.

Robinson, Brooke

Sir Frederick Banbury and Mr. Wallace.

Doogan, P. C.

Samuel, Herbert L. ( Cleveland

Farrell, James Patrick

Shackleton, David James

NOES.

Allhusen, Aug. Henry Eden

Bayley, Thomas ( Derbyshire

Bull, William James

Atkinson, Rt. Hon. John

Blundell, Colonel Henry

Cavendish, V. C. W. ( Derbyshire

Balfour, Rt. Hn. A. J. ( Manch'r.

Boscawen, Arthur Griffith

Chamberlain, Rt. Hn. J. A. ( Worc

Balfour, Kenneth R. ( Christch

Broadhurst, Henry

Cochrane, Hon. Thomas H. A. E.

Coghill, Douglas Harry

Kenyon, Hon. Geo. T. ( Denbigh )

Rollit, Sir Albert Kaye

Compton, Lord Alwyne

Kimber, Henry

Seely, Chas. Hilton ( Lincoln )

Cripps, Charles Alfred

Labouchere, Henry

Sharpe, William Edward T.

Crossley, Rt. Hon. Sir Savile

Law, Andrew Bonar ( Glasgow

Shaw-Stewart, M. H. ( Renfrew

Dalziel, James Henry

Lawson, J. Grant ( Yorks, N. R. )

Spencer, Rt. Hn. C. R. ( Northants

Dorington, Rt. Hon. Sir J. E.

Lee, A. H. ( Hants, Fareham )

Stanley, Hon. A. ( Ormskirk )

Elibank, Master of

Legge, Col. Hon. Heneage

Stanley, Lord ( Lancs. )

Fellowes, Hon. Ailwyn Ed.

Long, Rt. Hn. Walter ( Bristol S.

Stroyan, John

Fergusson, Rt Hn. Sir J. ( Manc'r

M'Arthur, William ( Cornwall )

Sturt, Hon. Humphry Napier

Finch, Rt. Hon. George H.

Montagu, G. ( Huntingdon )

Taylor, Theodore C. ( Radcliffe

Finlay, Sir Robert Bannatyne

Montagu, Hn. J. Scott- ( Hants.

Thompson, Dr. E. C. ( Monagh'n N.

Flower, Ernest

Murray, Charles J. ( Coventry )

Thornton, Percy M.

Forster, Henry William

Myers, William Henry

Valentia, Viscount

Foster, P. S. ( Warwick, S. W.

Paulton, James Mellor

Walrond, Rt Hn Sir William H.

Fuller, J. M. F.

Percy, Earl

Walton, JohnLawson ( Leeds, S.

Greville, Hon. Ronald

Plummer, Walter R.

Wylie, Alexander

Haslett, Sir James Horner

Purvis, Robert

Hatch, Ernest Frederick Geo.

Rankin, Sir James

TELLERS FOR THE NOES—Sir Alexander Acland-Hood and Mr. Anstruther.

Healy, Timothy Michael

Reid, James ( Greenock )

Horner, Frederick William

Renshaw, Sir Charles Bine

Horniman, Frederick John

Renwick, George

Jameson, Major J. Eustace

Ritchie, Rt. Hn. Chas. Thomson

hoped it would be convenient to take the discussion now on his Amendment proposing a speed limit of fifteen miles an hour.

said it would be inconvenient from the point of view of the hon. Member and those who desired a speed limit to take this Amendment at the present stage. He thought they were all agreed on the Second Reading that if a speed limit was introduced into the Bill it should not form part of that portion which carried with it the penalty of imprisonment. He had himself put down an Amendment that raised the question in a precise form and dealt also with the question of penalties. It would be more convenient if the Committee postponed the discussion of the question of a speed limit until he moved that Amendment.

said he was willing to agree to that if the suggestion would meet the convenience of the Committee.

moved to leave out "recklessly or negligently, or" in line 6. He had placed this Amendment on the Paper with a view of obtaining from the President of the Local Government Board a definition of the words he proposed to leave out. It seemed to him that it would be exceedingly difficult for these words to be defined, more especially in view of the fact that in nine cases out of ten it would be the local policeman who would have to interpret what was reckless or negligent. A stronger reason why the words should be left out was that they were unneces- sary. If they were left out anyone driving to the danger of the public would still be liable to all the penalties provided in the Bill. Surely a person driving dangerously was driving recklessly and negligently. He begged to move.

Amendment proposed—

"In page 1, line 6, to leave out the words 'recklessly or negligently, or.'"—( Mr. Dalziel. )

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

hoped the hon. Gentleman would not think it necessary to press the Amendment. It had been extremely difficult to frame this clause so as to carry out what they all desired. Speaking for the Government, he said that what they desired was that they should not do anything which would be unjust to people who owned motor-cars, but at the same time they had felt that the present condition of things made it absolutely necessary to legislate for the protection of the public. It was not only life and limb, but the general convenience of the public that should be safeguarded, and the proposals in the Bill were framed in order that it should be part of the duty of those using motor-oars to obviate as far as possible any discomfort to other people who had a right to use the road. There could be no doubt that the leaving out of the words in the Amendment would very much weaken the clause, and would not carry with it that protection the public had a right to have. The user of a motor-car ought to realise as he went along that he must use the road in a way consistent with the general convenience of others who used it. He hoped the hon. Gentleman would withdraw the Amendment.

said he did not think that many Members of the Committee had much objection to the clause as it stood. There was an important point to which he wished to call attention—namely, that the whole of this clause was very stringent. They hoped that later on the President of the Local Government Board would see his way to give a more easy and effective kind of appeal than was provided for under the Bill as it stood. Otherwise he thought the clause would operate very unjustly.

Amendment, by leave, withdrawn.

moved to leave out "or at a speed" in line 6. It would be generally agreed, now that the right hon. Gentleman considered a speed limit desirable, that they should omit these words. He was very much afraid that if they were left to be interpreted by the magistrates, any speed in excess of the speed limit would be regarded as reckless and careless driving. He wished to make it clear to the magistrate that there were two separate offences in the Bill, one being reckless driving and the other exceeding the speed limit. With regard to the first offence motorists were agreed that very heavy penalties should be imposed, but the second offence, which might be a mere technical infraction of the law regarding the speed limit, was one which hardly called for the same punishment.

said his hon. friend was under a misapprehension. His argument was not applicable to this portion of the Bill.

said he did not quite agree with that. There was not the slightest doubt that there was a disposition on the part of magistrates and the public to regard mere speed as dangerous, and he thought it was necessary to make it quite clear that driving in excess of the speed limit did not necessarily con- stitute reckless driving. He was afraid that the magistrates would say that the speed limit fixed by the Bill was the safe speed laid down by Parliament, and that a mile or two in excess of it was not a safe speed, because Parliament had limited the speed to a certain number of miles per hour. He thought motorists should have some protection against the prejudices which certain benches of magistrates had already exhibited, and he had not the slightest doubt that a motorist for driving at thirty miles an hour—assuming the speed limit to be fixed at twenty-five—would not only be convicted of exceeding the speed limit, but also of reckless and careless driving, if these words were left in.

Amendment proposed—

"In page 1, line 6, to leave out the words, 'or at a speed.'"—( Mr. Allhusen. )

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

hoped his hon. friend would not press the Amendment. He was under a complete misapprehension as to the effect of inserting these words in the clause. What the Government proposed would not materially alter the existing law, but collect the law from existing statutes and Local Government Board regulations into Sub-section 1 of the clause in order to make it as clear as they could make it, that apart altogether from the speed limit, whether it was twelve or 120 miles an hour, there was a totally different offence—namely, reckless and negligent driving. If they took these words out of the clause they would weaken the law as it now stood.

said that the effect of the Amendment would be to wreck the Bill. The danger of a speed limit was that a man would never be convicted of furious driving so long as he kept within the maximum limit.

said he hoped that the right hon. Gentleman would accept the Amendment which did not repeal any right that the public had under the common law, but would rather strengthen the common law.

* said that the whole of this clause was very stringent, and he hoped the President of the Local Government Board would see his way to give some more easy and effective power of appeal than there was in the Bill as it stood.

said that after the expression of opinion that had been given by the Committee he would ask leave to withdraw his Amendment.

Amendment, by leave withdrawn.

said that it was very difficult for a magistrate to say what amount of traffic "might be expected to be on the highway" at any particular time. He therefore moved the omission of the words in the sub-section of Clause 1, "And to the amount of traffic which actually at the time, or which might be expected to be on the highway."

Amendment proposed—

"In page 1, line 8, to leave out from the word 'highway' to the word 'that,' in line 10." ( Mr. Brigg. )

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

said it was rather curious that this Amendment had teen put down on the Paper by opposing sides on this Bill; and that both those who desired to protect the rights of motorists and those who claimed to protect the public, objected to these words. The insertion of these words, however, was due to the decision in a case of "Mayhew v. Sutton" which was to the effect that the driver of a motorcar must not only have regard to the amount of traffic he saw on the road, but to what might reasonably be expected to come on to the road from cross roads, leading into it, or out of lodge gates.

said that he heartily supported the Amendment. It was the most absurd thing in the world to give a magistrate power to say what traffic might be expected on the highway.

said he hoped that his right hon. friend would accept this Amendment, because it was very undesirable that vague terms should be used in this Act.

said that the magistrates might forget one important circumstance, and that was the condition of the highway. Although the previous words might be sufficient, it would be safer to leave these words in also. He hoped the right hon. Gentleman would stand by the words in the clause. Nobody could be prejudiced by these words.

said that suppose a farmer opened his gate to let his cattle cross the road; such a possibility as that ought to be kept in view by those making use of motor-cars.

said he hoped the President of the Local Government Board would keep an open mind on this Amendment. There was not a road in the whole country which had not another road turning into it. What they appeared to be doing was setting traps in order that motorists might be caught. They might as well call this Bill at once a Motor-car Abolition Bill. It was iniquitous when a road was clear that a man might be summoned because, under circumstances not defined, there might be traffic in the road which was then clear. He never heard of such words being put into any Bill, and he thought it was absolutely preposterous. He hoped the House would not be prejudiced to such an extent that it would be impossible for people to have motors at all. He sincerely hoped the right hon. Gentleman would accept the Amendment.

said as he had put down an Amendment lower down in order to raise this discussion, might he point out to those who were pressing so hard for the retention of these words that the real thing that caused all the difficulty was the extremely heavy penalty for the first offence. A man was liable to be sent to prison. For that reason it was extremely awkward to have a lot of loose, ambiguous words put into the clause. The President of the Local Government Board was right in his endeavour to make this perfectly clear to the public, that they were to be protected, but he submitted that the real way out of the difficulty was to take it out of the power of the magistrate to send to prison for the first offence, and make imprisonment the penalty for the second offence, so as to give people time to find out what the opinion of the magistrate was as to reckless driving. These were a lot of new words, and nobody knew what these particular words might be held to mean, or what style of speed and driving might be held to be covered by the words. The real way out of the difficulty would be to take these words out of the clause, and give up the attempt to enforce such a heavy penalty in the first instance, having regard to the fact that some of the magistrates were hostile to motoring.

said no one would wish to restrict unnecessarily a very important branch of industry, and to repeat the mistakes committed in other Bills; but on the other hand the personal safety of the public had to have equal consideration. It seemed to him that on the whole these words ought to he retained. It was said that previous words covered these heads. That might be so. The additional words were simply suggestive to the bench of a consideration which under no circumstances ought to be lost sight of. There was one particular reason for the inclusion of these words, and that was that the whole of the public were entitled to the use of the roads at law, and there might be places that were particularly dangerous. If that was so, they ought to be relieved of the terrible anxiety they were under about motor-cars at points of danger, and therefore additional caution should be imposed on the drivers of motor-cars.

said the argument of the hon. member for Islington, although supposed to be in favour of the Amendment, was fatal to it, for the reason that he was trying to make these vague words explicit. The Committee had already passed words which were as vague as they could be "that they should have regard to all the circumstances." These words covered all the cases in esse and in posse, and if the extension stopped there they would have loose, vague, and ambiguous language, which would have this two-fold effect. It might mislead the magistrates, and would mislead the public.

said the magistrate had to determine whether a motor was being driven recklessly or negligently or at a pace that seemed to him to be reckless. There was a general principle of law that loose and ambiguous language should be avoided, because the tribunal called upon to interpret an Act could have no idea of the intentions of Parliament when passing it, and because the public did not know what they had to do under the Act. If it was stated explicitly that the motorist was to have regard to the actual traffic in the road and the possibility of traffic arising the matter was made clear. For these reasons he trusted the right hon. Gentleman would not oppose the Amendment.

pointed out that Clause 8 proposed the erection of signposts by the County Councils at dangerous places, and suggested the erection of warning signals also at avenues and by-roads. He thought the words were vague and that it was not an unreasonable thing to ask County Councils, at dangerous corners to put up notices that the motorist should slow down.

opposed the Amendment. He said many of the country roads were very narrow, and a speed which was quite safe on the average road might be very unsafe in such roads. It might be reckless to go at even fifteen miles an, hour in some of these narrow lanes. He had received notice of a case, which occurred in his constituency, where one of his constituents was driving down a road which was only seventeen feet wide from hedge to hedge, and only thirteen feet wide when three feet was allowed for each ditch. A motor-car which was seven feet wide was coming the other way; there was no room for the horse and trap to pass and there was the inevitable spill. He thought these words strengthened the Bill, and made the matter quite clear, and gave the confidence that the users of the road should receive that consideration from the motorists which they had a right to expect.

said although he did not like motorcars at all he was glad a Bill had been brought in to deal with them. He thought those words were a little ambiguous. What this Bill was trying to prevent in this matter was giving a loophole to persecution. He thought the clause was quite strong enough and that if prosecutions were taken under this clause, with these words, in motorists would be turned into martyrs.

said the object he had in putting down the Amendment which stood in his name was to make the clause more simple and to give greater control over motor-cars on public highways and to give the magistrates greater latitude and discretion in this matter. But as the feeling of the Committee was in favour of the principle that the safety must be had regard to it would not be necessary to press the Amendment.

Amendment, by leave, withdrawn.

said he had been asked by the hon. Member for Louth to move the Amendment which he had previously suggested He hoped the right hon. Gentleman would be able to see his way to accept it. He begged to move.

Amendment proposed—

"In page 1, line 10, after the word 'must,' to insert the words 'having regard to the provisions of Section 8.'"—( Mr. Dalziel. )

Question proposed "That those words be there inserted."

pointed out that this language had been used in this Bill in order to make clear what the law was, because it had been said that the interpretation by the Courts of the words in the regulations did not appear to be conveyed by those words. This language had been put into this Bill in order that that, which was now the law by the definitions of the High Court, should not only remain the law but that it should be clearly shown in the statute that the interpretation placed upon it by the Lord Chief Justice was justified by the language in the Bill. It was in the interest, therefore, of those who used the roads. The suggested Amendment would destroy this section altogether. Clause 8 proposed a different thing altogether. Clause 8 proposed that in specially dangerous places the local authorities should mark them as being specially dangerous. This section was to deal with the general conditions of the road under other circumstance. He could not accept the Amendment.

suggested that if the right hon. Gentleman could not accept the Amendment he might accept the word "reasonably." He thought the words suggested by the hon. Member for Louth would be better, but if the right hon. Gentleman could not accept the Amendment he would suggest that he should accept the word "reasonably."

said the remarks of the right hon. Gentleman were no answer to the Amendment, and therefore he would be compelled to take the feeling of the Committee on the matter. What was the objection to County Councils being compelled to put up posts at dangerous places.

said the proposal of the hon. Gentleman the Member for Louth to put up a post at every dangerous point would result in every farm gate having a post put up against it. That would inflict an intolerable burden on the County Council.

said that the non-erection, of a post by the County Council might result in this—a motorist could go at any space he liked, and it would be contended by him in case of an accident that as there was no danger-signal the pace was not dangerous. This Amendment would remove all that.

* said this was a matter upon which the motorist felt very strongly. He suggested that if the President of the Local Government Board would insert the word "reasonably" before "expected" it might be accepted.

said there was a good deal to be said against the right hon. Gentleman's contention. First of all they had to deal with the fact that the man was a stranger. He came to a strange place, saw the road clear and thought it was all right. He had never been in the place before, but the bench considered this a dangerous spot. He came into a district which, in the opinion of the magistrate, was an infected area. Surely it was not uureasonable to suggest to tourists that certain places were dangerous, and that a motorist should not go more than so many miles an hour. A man ought certainly be warned before he could be sent to gaol. Was human liberty in England such a small thing that for the sake of a half-crown gatepost they were going to send a man to gaol for a month. If so he was glad he was not an Englishman.

said the hon. Gentleman appeared to have forgotten that the liberty and very often the lives of the people who used the roads was at stake. The hon. Gentleman had put the identical case in which he wished to protect the people and to insure that the utmost precautions should be taken by motorists, who did not know where these places might be. If these words were necessary, then to assent to the Amendment suggested would limit the clause in such a manner as to make it perfectly worthless. If on the other hand every spot had to be marked it would be placing work upon County Councils which no County Council could, would, or ought to be asked to do. The hon. Member for the New Forest Division of Hampshire had asked him to accept the word "reason-ably." If it was understood that if he accepted the word "reasonably" all discussion upon this particular point would be determined he would accept the word as a compromise. If it was not so understood, and the discussion was to go on indefinitely, of course he could not accept it.

having regard to the remarks of the right hon. Gentleman begged leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 1, line 10, after the word 'might,' to insert the word 'reasonably.'"—( Mr. Scott-Montague. )

Amendment agreed to.

pointed out that, after all, motor-cars had as much right to the use of the roads as any people who used horses. Many people thought motor-cars were purely a luxury for the rich, and that the people who drove them deserved no consideration whatever, but the drivers of these cars were working men, mechanics, who, although they were receiving good wages no doubt had as much right to protection as anybody else. The idea that people who drove and rode on the roads were never guilty of any carelessness or recklessness was not altogether borne out by the facts. Everybody knew what a large number of accidents occurred to horse-drawn vehicles, and every body was satisfied with the penalties imposed in those cases. He had put down the Amendment which stood in his name because he could not see why special rules and regulations should be attached to motoring, which carried special penalties. He begged to move.

Amendment proposed—

"In page 1, line 11, to leave out the words, 'this Act,' and insert the words, 'the Highway Act, 1835.'"—( Mr. Seely. )

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

said he hoped this Amendment would not be pressed, because it was not difficult to realise that if it were carried they would entirely destroy that part of the Bill which emphasised the gravity of the offence which necessitated the imposition of these penalties. Everybody knew that while the great bulk of motorcar drivers had done their best to be reasonable, there were some who disobeyed the law openly, paid their fines time after time and did not care. Those persons must be taught to obey the law. He could not accept the Amendment.

Question put, and agreed to.

said he rose to move the Amendment standing in his name. He moved it in redemption of the promise he had given to the House on the second reading of the Bill. He then undertook to bring up in Committee an Amendment which should impose a distinct limit of speed, and which should also indicate that where that limit was exceeded the penalty should not be the penalty of Section 1, namely, imprisonment, but a fine. Speaking generally, he believed that was the compromise arrived at, and he now endeavoured to redeem his promise by the Amendment he now moved. A great many gentlemen approached this question as if they thought a speed of twenty-five miles would mean the average speed during a journey. He believed, however, it would not be unfair to assume that taken over an ordinary journey, whatever the maximum, the average speed would be little more than half—that was to say, if the maximum was to be taken at twenty five, the average speed under existing conditions, and still more under the new conditions, would not exceed half the maximum. He asked the Committee to approach this question from a common-sense point of view. He did not think it was desirable to set the limit so low as to make it almost impossible for the driver to keep within it. Having regard to the fact that they were giving the public protection in the matter of car registration and the licensing of drivers, was it unreasonable to put the maximum limit of speed at a mileage which would enable the car to travel an average journey. He did not think it was. He also did not think it was desirable to set the limit so low as to make it almost impossible for the driver to keep within it. Another point for consideration had reference to those persons who broke the law with regard to the speed limit, but who should not be liable to imprisonment. Those who objected to this portion of the Amendment apparently did not realise what the effect of the Bill would be. There was first of all a statutory declaration that a certain speed limit should not be exceeded; but, if a driver drove not merely at a greater rate than this, but at any rate up to the maximum so as to endanger the lives and the limbs of the general public, he was liable to the full penalties provided in the Bill, and came under the operation of Section 1. Only in cases where the limit was exceeded without there being any risk to the public would the lesser penalty be imposed. He asked the Committee to accept this Amendment as a compromise on a most difficult question. On the Report stage he would ask permission to incorporate this sub-section in Clause 7, because he wished to see the two classes of offences kept quite distinct.

Amendment proposed—

"In page 1, line 11, at end to insert the words, '(2) A person shall not under any circumstances drive a motor-car at a speed exceeding twenty-five miles an hour, and if any person acts in contravention of this provision he shall be liable on summary conviction in respect of the first offence to a fine not exceeding £10, and in respect of the second offence to a fine not exceeding £20, and in respect of any subsequent offence to a fine not exceeding £50.'"—( Mr. Walter Long. )

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

thought it necessary to insert in the first line after "car," the words "on a public highway."

objected to the insertion of the words, "on a public highway." The Royal Parks were not public highways, and protection was certainly needed in the Phoœnix Park, Dublin, against reckless drivers.

said his suggestion was that the sub-section should read, "A person shall not under any circumstances drive a motor-car 'on a public highway' at a speed exceeding twenty-five miles an hour." He argued that some qualification of this kind was needed in the interest of industrial progress, otherwise people would not be at liberty to test the speeds of motor-cars even on a private trial ground. Without these qualifying words also the manufacturers of this country would be unable to compete with foreign competitors, and the sub-section would be subversive of all trade interests.

Amendment amended by inserting in line 1, after the word "car" the words "on a public highway."—( Sir Albert Rollit )

said that in moving to reduce the speed limit to fifteen miles he would not detain the Committee at any length, for the question had been fully argued on the Second Reading. They desired to get the Bill through if possible, and he for one was not an opponent of motors as such. He was, indeed, in favour of using them in bounds of reason, and not to the alarm and danger of the public using the highways. Even fifteen miles was a great speed to travel on a public highway and twenty five miles in his judgment was far too high. Such a high limit would involve the dangers they now ran from the reckless driving of these machines from the nether regions. He did not know if many hon. Members had seen how these high-speed motors on the highway caused alarm, consternation and dismay in the minds of inoffensive people who be it remembered had as much right to use the roads as the motorist. He had been personally inconvenienced; he had been in danger, and he felt very strongly that in the public interest the speed should be limited. Fifteen miles was sufficiently high, and any one going at a greater rate could not enjoy the beauties of the scenery. All they experienced was a maddening sensation of rushing through the air careless of the comfort and pleasure of other people. Unfortunately, motor-car owners and drivers were most unreasonable, and by their very unreason had made this legislation essential. He appealed to the House to protect the rights of the citizens, and not allow them to be taken away in the interests of one section. The Bill would not unduly interfere with trade. It was not the manufacturers who wanted the high-speed regulation; it was only the selfish pleasure seeker who wanted to be allowed to rush all over the country, and to dash through the narrow streets of our villages oblivious of the safety of the hundreds of thousands of children whose sole playground was the roadway. He hoped that the House by a substantial majority would reduce the speed limit to fifteen miles.

Amendment proposed to the proposed Amendment, as amended—

"In line 2, to leave out the words 'twenty-five' and insert the word 'fifteen.'"—( Mr. Broadhurut. )

Question proposed, "That the words 'twenty-five' stand part of the proposed Amendment, as amended."

said he had an Amendment on the Paper to fix twenty miles per hour as the speed limit, and he thought that was a more reasonable suggestion than the proposal now before the Committee. The Bill was very necessary, but he recognised that if it was to be carried some compromise would have to be made. He hoped twenty would be inserted instead of fifteen, and that the representatives of the motor interest would accept that as a compromise. ("No.")

said that many of the criticisms of the hon. Member for Leicester arose from ignorance of the motorcar itself. In the recent public trials at Glasgow it had been proved that a motorcar going at twenty-five miles an hour could be brought to a standstill within a distance of fifteen feet, whereas a horse and cart travelling at only eight miles an hour could not be pulled up in less than three times that distance. No motorist averaged twenty miles an hour over a whole tour; the idea was absurd. There were cases in which five miles an hour would be too great a speed, and the man who went at five miles an hour when there was danger ought to be punished, rather than the man who travelled at thirty miles an hour when there was no danger. All these alarms were raised simply because Members had not taken the trouble to study the question. If thirty miles an hour was fixed as the limit it would probably be found that the average speed of a journey would not exceed fifteen miles an hour. The penalties were out of all reason, and twenty-five miles far too low a limit. Throughout the whole year there had not been a single fatal accident in the Metropolis, and yet it was proposed so to penalise this pursuit as to take away from it all pleasure and enjoyment.

said the larger question was altogether outside this discussion as it had been decided that a speed limit should be imposed; the only point was whether or not twenty-five miles an hour was a fair limit. No one desired to deal unfairly with motorists, but the question had to be asked whether in view of the manner in which the roads were used by children, pedestrians, and persons riding or driving, it was right to allow a four-ton vehicle to be driven along those roads at twenty-five miles an hour. In his opinion it was most certainly not. It was a question not of the average, but of the maximim speed; the average had nothing to do with the matter. The issue was a simple one, and having tried to arrive at a fair conclusion, he agreed with the hon. Member for Peckham that a limit of twenty miles an hour would protect the road traffic, and not in any way press unduly on the motorists. The ruling consideration was, that nobody, whether motorist or otherwise, ought to use the roads either to the danger or the inconvenience of the general public.

understood the right hon. Gentleman to say that he had fixed the limit of twenty-five miles, having regard to the average over the hour. If, however, he was disturbed by a vehicle rushing by at the rate of thirty or forty miles an hour, it would be no consolation to him to be told that the rate for the previous three-quarters of an hour had been only six miles an hour. He was a supporter of the fifteen mile limit, but if there was a general disposition on the part of the House to accept the twenty mile limit, he would fall in with it.

* thought the Committee had no idea of the feeling which existed in the country with regard to this question of speed. It was a singular fact that 92 per cent. of the convictions in the counties for furious driving had been for speeds between twenty and twenty-five miles an hour, so that the whole of the present dispute was as between fifteen and twenty. It was not merely a question of danger. With a skilful driver the danger might not be great; it was also a question of convenience, and there was a general feeling, on the part of people, that in consequence of the speed at which motorcars were driven, they dared not use the roads, or allow their children to use them. Another question was that of the dust. That constituted a most obnoxious annoyance to all parties. He hoped the right hon. Gentleman would accept the fifteen miles limit. The feeling was so strong in certain districts that if Parliament did not deal with the matter the people themselves would take steps to obstruct the traffic. He had heard it stated in some of the country villages that if they liked they could stop all this themselves, for they declared that they only needed to put down a few boulders and then the motor-cars could not go along that road. Of course, he did not at all agree with that mode of settling the question, but it showed the state of public feeling upon this question, and it would be much better to have a reasonable rate fixed.

said he was extremely shocked to hear the hon. Gentleman suggest even remotely that such an outrage as the placing of boulders upon the public highway should be perpetrated. He congratulated the hon. Member upon his courage in making that statement, and he would remind him that if he had said that in Ireland he would have been put in gaol. It was quite evident that if this Bill passed at all it would have to be passed by compromise. The President of the Local Government Board recognised the other day that com-promise was necessary, and he inserted a speed limit of twenty-five miles. Now the Member for Leicester had proposed that the limit should be fifteen miles, and while he agreed with this proposal he suggested that a compromise should be arrived at by splitting the difference and making the limit twenty miles. This limit referred to rural districts and not to towns, where the speed would not be more than ten miles an hour. Under some circumstances ten or fifteen miles an hour would be a dangerous speed, but some outside limit must be arrived at, and while he thought fifteen miles upon ordinary occasions would be quite sufficient, in the interests of this Bill passing, he suggested that they should split the difference. If they did not do this there would be a protracted discussion. The hon. Member who spoke about boulders had stated what was perfectly true in regard to the public feeling, which was most intense upon this matter. He was satisfied that, from what he had seen in London, if something was not done to check the extravagant speed of motorists they would have public rioting in the streets. The feeling was so high that the public would probably take the law into their own hands. Whilst riding along a narrow country lane from Richmond on his bicycle he was overtaken by a motor-car and because he objected to run into the ditch in order to allow the motor to pass the driver abused him. He was sure the Committee would be pleased to bear that he speedily convinced that driver that if he was an expert motorist he was an expert in the art of abuse, and moreover he had public feeling upon his side. There was no doubt the feeling of the public was against motor-cars.

said the hon. Member for the Uxbridge Division had urged upon the Committee the desirability of limiting the speed to fifteen, or even twelve, miles an hour in the interest of people resident in the country. He himself was not sure that it was in the interest of those who resided in the country districts to put undue restrictions on the use of motor-cars. One of the features of hopefulness for the people in the country districts was the extraordinary facility given for locomotion by the use of motor-cars. He had some experience as a motorist, having been for a considerable time in the habit of using a motor-car, and he could say that a more useful vehicle for getting from one place to another they could not find. He objected as much as his fellow-men to the abuse of motor-cars by those who went at a high speed and inconsiderately took the centre of the road, necessitating others to turn aside. That was a reprehensible practice. He did not believe the ordinary user of a motor-car found it necessary to array himself in strange habiliments, or even to put on spectacles, and as one who had himself suffered from the abuse of the road by drivers at too great a speed, he urged a compromise. He thought those who wished to keep the limit low probably did not realise the extraordinary rapidity with which a motor-car could be brought to rest. More ground would be covered, by a horse going eight miles an hour, before he could be brought to absolute rest than in the stoppage of a motor-car going at twenty-five miles an hour. But, knowing the strong feeling in the country, he would be in favour of the reduction of the speed to twenty miles an hour. As between fifteen and twenty-five he would vote for fifteen, but he hoped the hon. Member for Leicester would withdraw his Amendment in favour of a proposal by the hon. Member for Peckham to fix twenty miles as the limit.

said he was not anxious to see a speed limit imposed at all, but as the passing of the Bill was the most important object before the Committee at present, he joined in the appeal of the hon. Baronet for a compromise. It was an undoubted fact that a motor going at twenty-five miles an hour was more under the control of the driver than a horse vehicle going at ten or eleven miles an hour.

said that, as one who had experience of the Bath Road, he must say that his feelings were in accordance with those of the hon. Baronet when he said that he would rather see a speed limit of fifteen than twenty-five miles, but they could not shut their eyes to the fact that the Bill gave great advantages which they might lose if they did not arrive at a compromise. He was inclined to agree to the twenty miles speed limit. Motorists did not seem to understand that, owing to their fast driving and the dust they raised, life in cottages on the country highways was almost intolerable.

* said what they had to face was the fact that there were number of people who were determined to get out the high road the same sort of pleasure of they obtained from a fast run with the hounds. The fact had also to be faced that large profits were made by manufacturers who built high speed motor-cars. [Mr. SCOTT MONTAGU: No, they are not paying dividends.] He did not know whether the companies paid dividends or not, but the hon. Member would not challenge the statement that a much higher price was paid for a high-power car than a low-power car. During the eighteen years he had been in the House he had paid as close attention as any man to questions relating to the safety of railway working. Did any man seriously contend that Parliament, in passing the Light Locomotives Act, 1896, ever contemplated letting loose express engines on the high roads? In the railway legislation of the Board of Trade, on the railways the trains were confined to rails, and were checked by the system of block-signalling and other arrangements for securing the maximum of safety to the public. In the Light Railways Act also the greatest care was taken with regard to level crossings to avoid the dangers they were now considering in connection with motor-cars passing along the public roads. Were they, for the pleasure of a few gentlemen who wished to drive cars at an excessive speed—and he called twenty-five miles an excessive speed—to omit every precaution whatsoever in regard to a class of vehicles which were not confined to rails nor worked by any system of signals? Unless they restricted the speed they could not secure that degree of safety which the people of the country desired. He thought there was very great reason for asking that the limit should be reduced to fifteen miles. He knew that motors could be turned or stopped with great quickness and in very narrow areas. That ought to be recognised by all who came to deal with the question practically, but he wholly denied that with a speed of over fifteen or sixteen miles an hour motor traffic could be safely managed in the rural districts. It was true that at a moderate speed vehicles like the electric coupés in London could be steered with great skill and safety, but it did not follow that the same could be done at a high speed in rural districts. He urged that the speed limit for motors should only be slightly in excess of the speed of horse traffic. He therefore did not agree with the proposed compromise of twenty miles. If the wealthy men who indulged in motoring desired a higher speed let them build roads for themselves or take large tracts of country.

said it was in consequence of the action of a few evildoers that motorists were placed in their present position. The hon. Member for East Northampton-shire had referred to the electric cars in use in London. The fact of the matter was that the motor vehicles which had been running during the past year in the suburbs of London had been responsible for one fatal accident, traction engines killed two, and cycles killed six persons. What did they find in regard to the slow-going, horse-drawn vehicles? In 1901, in the Metropolitan area, vans, carts, and waggons were responsible for 127 deaths, cabs for fourteen, and omni-buses for twenty-three.

asked what was the proportion between the number of motor-cars and the number of horsed vehicles in the Metropolitan area for that year?

said that information was not given; but he thought the fact he had quoted showed that motoring was not attended with danger to the public. It was a question more of control than of speed. Hon. Members did not seem to be aware of the powerful and effective way the brakes of motors worked. He sincerely hoped the President of the Local Government Board would not give way.

said that the whole of the discussion had been from the point of view of the rich man. It was supposed that the poor man could get out of the way of danger when a motor-car, which had cost £500 or £600, was coming swinging along at an express-train speed. He might mention that twenty miles an hour was the speed of the ordinary Irish train, and no matter what rate of speed was fixed, there would alway be the temptation and the inclination to exceed the rate of speed, and therefore to break the law, rather than to keep it. This practice of flying like demons all over the country ought to be put a stop to. Being dissatisfied both with the twenty mile and the fifteen mile limit, he would propose an Amendment to the Amendment limiting the rate of speed to ten miles.

said that he could not accept an Amendment to an Amendment to an Amendment.

said he hoped that the right hon. Gentleman would adhere to the limit of speed which he had already fixed. In a few more years they might be able to know a little more of the mechanism of motor-cars, and the speed at which they might be able safely to go, and then a Bill might be drawn fixing a maximum of speed which would be fairer in its application.

said he could not agree that no distinction could be drawn between the rate at which motor-cars could be driven and horse traffic. The effect of the limitation was that, however safely a motor-car might be travelling, and however clear the road, there should not be a user of the highway by any vehicle at a higher speed than twenty-five miles an hour. The first section provided against speed which was dangerous. But mere speed by itself was not dangerous, and if there was no danger he did not see why the speed limit should not be high. Hon. Members ought to keep their heads cool in face of the very strong feeling which existed outside on this subject, and there was no ground for inserting a harrassing restriction when there was no danger. He hoped that the right hon. Gentleman would adhere to his Amendment.

said he preferred the present limit of fourteen miles an hour, which was quite high enough speed for any motor-car. He did not think that the President of the Local Government Board had acted quite in the spirit of the compromise agreed upon on Tuesday last. It was never contemplated, except by mad motorists, that any speed approaching twenty-five miles would be fixed upon as the limit. The right hon. Gentleman's proposal was a very wild one, because cars would run on the roads whenever they had an opportunity of doing so at the maximum speed. He had received letters from all parts of the country shewing the strong feeling which existed on this subject. One correspondent wrote:—

"If these inhuman motorists carry their provisions, I should hope that an anti-motorist league of electors may be formed, pledged to vote against any candidate who keeps a motor-car, or hold shares in Motor Companies."

He had received letters from agriculturists to the effect that a speed of twenty miles an hour would not be acceptable. Any hon. Member who voted for twenty or twenty-five miles an hour would discover the effect of his vote at the next general election. He himself would certainly vote against any such speed.

said that his hon. and learned friend the Member for South Leeds had uttered words of great weight which would carry conviction to any one who would take the trouble to understand them. The difference between twenty and twenty-five miles was not a question of speed at all, but a question of expediency, so far as the Committee was concerned. He had an Amendment on the Paper that the speed limit should be twenty miles; and his hon. friends on the Government side of the House who were really trying to deal with this question from the point of view of those who were honestly interested in motoring and wished to use motors and not abuse them, would, he thought, be well advised if they accepted a compromise of twenty. The duty of the House of Commons in this matter was to stand between the public and unreasonable prejudice. He was not a motorist, although he hoped to have a motor; nor was he mad; and he would answer for it, he was not inhuman. He did not, therefore, fulfil the conditions which one hon. Member had ascribed to those who favoured motors. In dealing with this question he hoped the House of Commons would not allow itself to be warped by prejudice which was really born of inexperience. It was a question of compromise, and they could not have a reasonable compromise if all the concessions were given on one side. At the present moment motorists had conceded everything. They had agreed to accept evidence of identification which of itself would revolutionise motoring throughout the country; and therefore they said they should be allowed a reasonable amount of maximum speed. The question of maximum speed was entirely independent of Clause 1 of the Bill, because in the opinion of the Court a man might be driving recklessly at two miles an hour, if he ran say into a perambulator on the pavement. The danger of fixing too low a maximum was that the maximum of itself became a danger, because people would take the risk of driving at a greater speed than if a limit were not fixed. He had sufficient confidence in those who did not abuse the use of motors to believe that they would educate the public mind in their favour and destroy the present prejudice against them; and, since the President of the Local Government Board had accepted a three years' limitation of the Bill, he trusted that at the end of that time all prejudice against motors would be removed; that much greater facilities would be given to motorists who wished to use their cars for the purposes of locomotion in the place of horses; and that it would be made clear that motorists had no desire to injure the public. It would be a great shame if the many were punished for the sins of the few. He hoped the Committee would accept the twenty mile limit, and that his friends would accept it, simply because he did not believe they would get a twenty-five mile limit.

said that, in intervening at that stage, he had no intention of quarrelling with his hon. friend, the Member for the Tamworth Division, although he confessed he could not follow the remarks of his hon. friend. His hon. friend stated that no hon. Gentleman had any idea as to what the limitation of speed should be.

said his hon. friend appeared to forget the meaning of the word "compromise." His hon. friend's interpretation of a compromise was evidently not to meet differences half-way.

said he would not bandy words with his hon. friend. He was satisfied that the majority of the Committee would recognise that the Amendment he had placed on the Paper was a strict fulfilment of the promise he made to the House on the Second Reading debate on the Bill. What were they fighting about now? Not as to whether there should be a limitation of speed or not. They had decided that. The whole of this controversy had been practically limited to the difference between twenty and twenty five miles. [An HON. MEMBER: Fifteen.] No. He appealed to those who had taken part in the debate whether the general sense of the Committee had not been following out this principle of compromise, and whether speaker after speaker, while expressing his own view, had not stated his willingness to see a compromise effected? He did not say all Members, but that the majority of speakers had agreed that a compromise was the best way to settle this question. All he had risen for now was to ask whether it was worth while to go on for the rest of the afternoon discussing whether twenty or twenty-five would be the better figure? He should offer, on the part of the Government, a determined resistance to the Amendment of fifteen miles. He should like to see twenty-five carried, but believing it to be desirable to end a discussion of this kind, when everything had been said that could be said, and that the general sense of the Committee tended towards a compromise, he could not help thinking the most business like procedure would be to agree upon a middle figure and accept twenty. For his own part he was unable to see that there was any material difference between twenty and twenty-five. He regretted the interposition of a speed limit at all; but the House of Commons had not supported him in that view, and he had accepted its decision. Surely what the Government had done other hon. Members might do, and accept what was, he believed, not only the general sense of the Committee, but of the country, and agree to a compromise, which they might accept without discredit to themselves, and which could not have very far-reaching effects either on the industry itself or on the enjoyment and comfort of those who were going to use motors. He could not see that the difference between twenty and twenty-five was a matter of supreme importance; but one matter that was of supreme importance was that this Bill must be placed on the Statute-book, and that they must deal with this question justly and fairly, and in the interests of the community, who, if legislation was not passed, would, he was convinced, think they had justification for adopting a course which would be, in the best interests of good government, deplorable in the extreme.

* said he came down to the House with the intention of opposing a limit of twenty-five miles, and of supporting the proposal of fifteen miles, because he was well aware of the very strong feeling in this matter in the country districts—justifiable feeling, in his opinion—and because he thought the limit of twenty-five miles was too high. But they had heard some very wise words from his right hon. friend the President of the Local Government Board. After all, they had to think that day not only of the question of speed, but of the question of time. Was this Bill to become law or not? He thought it would be a grave misfortune if it did not become law in the course of the present session. Therefore, although his inclination had been towards a limit of fifteen miles an hour, he would be prepared to accept the proposal of his right hon. friend.

said he was in favour of the fifteen-mile limit, but he was certain that could not be carried. Therefore he thought it very desirable that this compromise of twenty miles an hour should be adopted. They must wait until one Member of Parliament had been killed and another had been hanged for killing him to get a good Bill.

* said he agreed that for the sake of the public it would be a thousand pities if the Bill were not passed, but he would remind the Committee that up to the present moment the concessions had been entirely on the side of the motorist Members of the House. He had endeavoured to impress on his friends the duty and wisdom of being reasonable; and he thought his right hon. friend would agree that he had done his best in that direction. (Mr. LONG: Hear, hear.) Personally, he opposed any speed limit at all, but as a compromise twenty-five miles an hour might be acceptable. He had received a telegram from the Lord Justice Clerk of Scotland, an expert motorist, and an able lawyer, stating that he approved of the twenty-five miles limit, and that should the Bill not pass motorists should adopt voluntary measures for identification, and thereby dissociate themselves from "scorchers," who ought to be caught. They had got to a crisis, and it was very difficult to see a way out of it; and he would suggest to his right hon. friend that, as they were now at the fag end of the session, and as there was so much animosity on both sides of the House, he should appoint a Royal Commission, following the example of the French Government, who were exactly in the same position. That would, in his opinion, meet the case. He would go one step further, and one only, in the direction of compromise. At this stage in the session, if a determined body opposed a Bill, that did not improve its chances. He was not in favour of wanton obstruction, and he made the following proposition in order to avoid it. Let his right hon. friend put in the Bill twenty-five miles an hour as the maximum speed, just as fourteen miles an hour was inserted in the 1896 Act as the maximum speed allowed by Parliament, and let him reduce that subsequently by regulation of the Local Government Board to twenty-two-and-a-half or twenty-two miles an hour. Unless that suggestion was accepted the Bill would have very little chance of passing.

said he would like to be permitted to withdraw his Amendment, as there seemed to be a general desire that the compromise of twenty miles an hour should be accepted.

said he wished to direct attention to several complaints which he had received from farmers and horse-breeders in South Kildare, regarding the conduct of a certain class of motorist. There was no complaint whatever against the hon. Gentleman from the New Forest Division or his friends; but it certainly was not the experience of the farmers of South Kildare, that when a young horse was on the road motorists invariably slowed up. A friend of his who bred race-horses within a quarter of a mile of the Cross of Ballyhaunis, which was the start and finish of the motor race for the Gordon-Bennett Cup, lost two young horses, through injuries, because a motorist dashed by at twenty-five miles an hour while they were being removed across the road from one field to another. The owner made representations to the Secretary of the Automobile Club, but received no satisfaction whatever. He hoped the hon. Gentleman the Member for the New Forest Division would represent in the proper quarter that motorists should not travel at anything approaching twenty miles an hour while young race-horses were on the road.

said that while he appreciated the endeavour of the President of the Board of Trade to secure a compromise, yet it was his strong opinion that if this so-called compromise were adopted its only effect would be to practically ruin, not only the industry of motoring, but the pleasure of motoring also. A motorist would be liable to be arrested at any moment, and to be sentenced to three months' imprisonment. Further, a motorist driving from London to Brighton might have half-a-dozen summonses issued against him on one day by people who simply hated motor-cars. Motorists would not take that great responsibility.

rose in his place, and claimed to move, "That the Question be now put;" but the CHAIRMAN withheld his assent, as it appeared to him that the Committee was prepared to come to an immediate decision.

Question put, "That the words 'twenty-five' stand part of the proposed Amendment, as amended."

The Committee divided: Ayes, 42, Noes, 183. (Division List No. 240.)

AYES.

Allhusen, Augustus Henry Eden

Horniman, Frederick John

Rollit, Sir Albert Kaye

Balfour, Kenneth R. ( Christch. )

Jameson, Major J. Eustace

Scott, Sir S. ( Marylebone, W. )

Coghill, Douglas Harry

Jones, William ( Carnarvonsh. )

Seely, Chas. Hilton ( Lincoln )

Craig, Charles Curtis ( Antrim, S

Lawson, Sir Wilfrid ( Cornwall

Sinclair, Louis ( Romford )

Dalziel, James Henry

Lee, Arthur H ( Hants, Fareham )

Stanley, Hon. A. ( Ormskirk )

Elibank, Master of

Legge, Col. Hon. Heneage

Sturt, Hon. Humphry Napier

Foster, P. S. ( Warwick, S. W.

Leveson-Gower, Frederick N. S.

Thompson, DrEC ( Monagh'n, N

Gordon, Maj, Evans ( T'rH'mlets

Loder, Gerald Walter Erskine

Thornton, Percy M.

Gore, Hon. S. F. Ormsby-( Linc.

Lonsdale John Brownlee

Tomlinson, Sir Wm. Edw. M.

Greene, W. Raymond ( Cambs

Lowther, C. ( Cumb., Eskdale )

Walton, John Lawson ( Leeds, S.

Greville, Hon. Ronald

Macdona, John Cumming

Harmsworth, R. Leicester

Montagu, G. ( Huntingdon )

Tellers for the Ayes

Harris, Frederick Leverton

Murray, Charles J. ( Coventry )

Mr. Scott Montagu and Mr. Guest.

Hatch, Ernest Frederick G.

Norman, Henry

Hay, Hon. Claude George

O'Brien, Patrick ( Kilkenny )

Hayne, Rt. Hon. Charles Seale-

Pirie, Duncan V.

NOES.

Agg-Gardner, James Tynte

Blundell, Colonel Henry

Cawley, Frederick

Ambrose, Robert

Bond, Edward

Chamberlain, Rt. Hon. J. ( Birm.

Anson, Sir William Reynell

Bousfield, William Robert

Chamberlain, Rt. Hn. J. A. ( Worc.

Arkwright, John Stanhope

Brigg, John

Channing, Francis Allston

Arnold-Forster, Hugh O.

Broadhurst, Henry

Chapman, Edward

Asher, Alexander

Brodrick, Rt. Hon. St. John

Clive, Captain Percy A.

Ashton, Thomas Gair

Bull, William James

Cochrane, Hon. Thos. H. A. E.

Atkinson, Right Hon. John

Burdett-Coutts, W.

Cohen, Benjamin Louis

Bagot, Capt. Josceline FitzRoy

Burke, E. Haviland

Corbett, A. Cameron ( Glasg. )

Balfour, Rt. Hn. A. J. ( Man'r.

Butcher, John George

Corbett, T. L. ( Down, North )

Balfour, Rt. Hn. G. W. ( Leeds

Caldwell, James

Cox, Irwin Edwd. Bainbridge

Banbury, Sir Frederick George

Campbell, J. H, M. ( Dublin Univ

Cripps, Charles Alfred

Bayley, Thomas ( Derbyshire )

Carson, Rt. Hon. Sir Edw. H.

Crossley, Rt. Hon. Sir Savile

Beach, Rt. Hon. Sir M. Hicks

Cavendish, V. C. W. ( Derbysh. )

Dalkeith, Earl of

Davenport, William Bromley

Kimber, Henry

Ritchie, Rt. Hn. C. Thomson

Delany, William

Lambton, Hn. Frederick Wm.

Robinson, Brooke

Devlin, Joseph ( Kilkenny, N. )

Law, Andrew Bonar ( Glasgow

Roe, Sir Thomas

Dickson, Charles Scott

Law, H. Ales. ( Donegal, W. )

Rolleston, Sir John F. L.

Digby, John K. D. Wingfield-

Lawrence, Sir Joseph ( Monm'th

Rose, Charles Day

Dilke, Rt. Hon. Sir Charles

Lawrence, Wm. F. ( Liverpool )

Round, Rt. Hon. James

Dixon-Hartland, Sir F. Dixon

Lawson, John Grant ( Yorks.N.R

Samuel, Herbt. L. ( Cleveland )

Doogan, P. C.

Layland-Barratt, Francis

Sandys, Lieut.-Col. Thos. Myles

Dorington, Rt. Hon. Sir J. E.

Leigh, Sir Joseph

Shackleton, David James

Doughty, George

Long, Rt. Hn. Walter ( Bristol, S )

Sharpe, William Edward T.

Douglas, Rt. Hon. A. Akers

Lough, Thomas

Shaw-Stewart, M. H. ( Renfrew

Duke, Henry Edward

Lowe, Francis William

Shipman, Dr. John G.

Durning-Lawrence, Sir Edwin

Lowther, Rt. Hn. James ( Kent

Sinclair, John ( Forfarshire )

Elliot, Hon. A. Ralph Douglas

Lucas, Reginald J. ( Portsmouth

Skewes-Cox, Thomas

Emmott, Alfred

Lyttelton, Hon. Alfred

Sloan, Thomas Henry

Faber, E. B. ( Hants, W. )

MacDonnell, Dr. Mark A.

Smith, James Parker ( Lanarks.

Farrell, James Patrick

M'Arthur, William ( Cornwall )

Smith, Hon. W. F. D. ( Strand

Fellowes, Hon. Ailwyn Ed.

Morrison, James Archibald

Spear, John Ward

Fergusson, Rt Hn. Sir J. ( Manc'r

Morton, Arthur H. Aylmer

Spencer, Rt. Hn C. R. ( Northants

Fielden, Edward Brocklehurst

Mount, William Arthur

Stanley, Lord ( Lancs. )

Finch, Rt. Hon. George H.

Muntz, Sir Philip A.

Stirling-Maxwell, Sir Jn. M.

Finlay, Sir Robert Bannatyne

Murphy, John

Stroyan, John

Flannery, Sir Fortescue

Murray, Rt Hn A. Graham ( Bute

Sullivan, Donal

Flower, Ernest

Nolan, Col. John P. ( Galway, N. )

Talbot, Lord E. ( Chichester )

Forster, Henry William

O'Brien, James F. X. ( Cork )

Talbot, Rt. Hn. J. G. ( Oxf'd Univ

Fuller, J. M. F.

O'Brien, K. ( Tipperary, Mid )

Taylor, Theodore C. ( Radcliffe

Fyler, John Arthur

O'Brien, P. J. ( Tipperary, N. )

Thomson, F. W. ( York, W. R.

Gardner, Ernest

O'Connor, Jas. ( Wicklow, W. )

Tomkinson, James

Gibbs, Hn. A. G. H. ( City of Lond

O'Kelly, J. ( Roscommon, N. )

Toulmin, George

Godson, Sir Augustus Fredk.

O'Neill, Hon. Robert Torrens

Ure, Alexander

Gordon, J. ( Londonderry, S. )

O'Shaughnessy, P. J.

Valentia, Viscount

Goulding, Edward Alfred

Paulton, James Mellor

Walker, Col. William Hall

Greene, Hy. D. ( Shrewsbury )

Pease, Herbert Pike ( Darlingt'n

Wallace, Robert

Hall, Edward Marshall

Percy, Earl

Walrond, Rt. Hn. Sir William H.

Hamilton, Rt Hn Lord G ( Midd'x

Platt-Higgins, Frederick

Warde, Colonel C. E.

Hare, Thomas Leigh

Plummer, Walter R.

Weir, James Galloway

Haslett, Sir James Horner

Pretyman, Ernest George

Welby, Sir Chas. G. E. ( Notts.

Healy, Timothy Michael

Pryce-Jones, Lt.-Col. Edward

White, Luke ( York, E. R. )

Henderson, Arthur ( Durham )

Purvis, Robert

Whiteley, H. ( Ashtonund, Lyne

Hornby, Sir William Henry

Randles, John S.

Wodehouse, Rt. Hn. E. R. ( Bath

Horner, Frederick William

Rankin, Sir James

Wortley, Rt. Hon. C. B. Stuart

Howard, J. ( Midd., Tottenham )

Rattigan, Sir William Henry

Wylie, Alexander

Hudson, George Bickersteth

Redmond, Jn. E. ( Waterford )

Wyndham, Rt. Hon. George

Jacoby, James Alfred

Redmond, William ( Clare )

Jeffreys, Rt. Hn. Arthur Fred

Remnant, Jas. Farquharson

TELLERS FOR THE NOES

Joyce, Michael

Renshaw, Sir Charles Bine

Sir Alexander Acland-Hood and Mr. Anstruther,

Kemp, Lieut.-Col. George

Renwick, George

Kenyon, Hn. Geo. T. ( Denbigh

Rickett, J. Compton

Kilbride, Denis

Rigg, Richard

Question put, "That the word 'fifteen' be there inserted."

The Committee divided:—Ayes, 51; Noes, 178. (Division List No. 241).

AYES.

Ambrose, Robert

Fergusson, Rt Hn Sir J. ( Manc'r )

Robinson, Brooke

Asher, Alexander

Greene, H. D. ( Shrewsbury )

Roe, Sir Thomas

Ashton, Thomas Gair

Griffith, Ellis J.

Rolleston, Sir John F. L.

Bond, Edward

Henderson, Arthur ( Durham )

Shackleton, David James

Burdett-Coutts, W.

Howard, J. ( Mid., Tottenham )

Sinclair, John ( Forfarshire )

Burke, E. Haviland

Jacoby, James Alfred

Spear, John Ward

Caldwell, James

Joicey, Sir James

Stroyan, John

Cawley, Frederick

Kilbride, Denis

Talbot, Rt. Hn. J. G. ( Oxf'd Univ

Channing, Francis Allston

Law, Hugh Alex. ( Donegal, W. )

Taylor, Theodore C. ( Radcliffe )

Corbett, A. C. ( Glasgow )

MacDonnell, Dr. Mark A.

Wallace, Robert

Corbett, T. L. ( Down, North )

MacVeagh, Jeremiah

Weir, James Galloway

Delany, William

Murphy, John

White, Luke ( York, E. R. )

Devlin, Joseph ( Kilkenny, N. )

O'Kelly James ( Roscommon, N. )

Wylie, Alexander

Dilke, Rt. Hon. Sir Charles

O'Shaughnessy, P. J.

Doogan, P. C.

Randles, John S.

TELLERS FOR THE AYES

Dorington, Rt. Hon. Sir J. E.

Rankin, Sir James

Sir Philip Muntz and Sir Frederick Dixon-Hartland.

Doughty, George

Remnant, James Farquharson

Faber, Edmund B. ( Hants, W.

Renwick, George

Farrell, James Patrick

Rigg, Richard

NOES.

Agg-Gardner, James Tynte

Gore, Hon. S. F. Ormsby-( Linc.

O'Neill, Hon. Robert Torrens

Allhusen, Augustus Henry E.

Goulding, Edward Alfred

Paulton, James Mellor

Anson, Sir William Reynell

Greene, W. Raymond-( Cambs.

Pease, H. Pike ( Darlington )

Arkwright, John Stanhope

Greville, Hon. Ronald

Percy, Earl

Arnold-Forster, Hugh O.

Guest, Hon. Ivor Churchill

Pirie, Duncan V.

Atkinson, Rt. Hon. John

Hall, Edward Marshall

Platt-Higgins, Frederick

Bagot, Capt. Josceline Fitzroy

Hamilton, Rt Hn Ld G. ( Midd'x

Plummer, Walter R.

Balfour, Rt Hn. A. J. ( Manch'r )

Hare, Thomas Leigh

Pretyman, Ernest George

Balfour, Rt Hn. G. W. ( Leeds )

Harmsworth, R. Leicester

Pryce-Jones, Lt-Col. Edward

Balfour, Kenneth R. ( Christch. )

Harris, Frederick Leverton

Purvis, Robert

Banbury, Sir Frederick G.

Haslett, Sir James Horner

Rattigan, Sir William Henry

Bayley, Thomas ( Derbyshire )

Hatch, Ernest Frederick Geo.

Redmond, William ( Clare )

Beach, Rt. Hn. Sir M. Hicks

Hay, Hon. Claude George

Renshaw, Sir Charles Bine

Blundell, Colonel Henry

Hayne, Rt. Hn. Charles Seale-

Rickett, J. Compton

Bousfield, William Robert

Healy, Timothy Michael

Ritchie, Rt. Hon. C. Thomson

Brigg, John

Hornby, Sir William Henry

Rollit, Sir Albert Kaye

Broadhurst, Henry

Horner, Frederick William

Rose, Charles Day

Brodrick, Rt. Hon. St. John

Horniman, Frederick John

Round, Rt. Hon. James

Bryce, Rt. Hon. James

Hudson, George Bickersteth

Samuel, Herbert L. ( Cleveland

Bull, William James

Jameson, Major J. Eustace

Sandys, Lieut-Col. Thos Myles

Butcher, John George

Jeffreys, Rt. Hon. Arthur F.

Scott, Sir S. ( Marylebone, W. )

Campbell, J. H. M. ( Dublin Univ

Jones, William ( Carnarvonsh're

Seeley, Charles H. ( Lincoln )

Carson, Rt. Hon. Sir Edw. H.

Kemp, Lieut.-Colonel George

Sharpe, William Edward T.

Cavendish, V. C. W. ( Derbysh're

Kenyon, Hon. G. T. ( Denbigh

Shaw-Stewart, M. H. ( Renfrew )

Chamberlain, Rt. Hn. J. ( Birm.

Kimber, Henry

Shipman, Dr. John G.

Chamberlain, Rt. Hn J. A ( Worc.

Lambton, Hon. Frederick W.

Sinclair, Louis ( Romford )

Chapman, Edward

Law, Andrew Bonar ( Glasgow

Skewes-Cox, Thomas

Clive, Captain Percy A.

Lawrence, Sir J. ( Monmouth )

Sloan, Thomas Henry

Cochrane, Hon. Thos. H. A. E.

Lawrence, Wm. F. ( Liverpool )

Smith, James Parker ( Lanarks.

Coghill, Douglas Harry

Lawson, John G. ( Yorks, N. R. )

Smith, Hn. W. F. D. ( Strand

Cohen, Benjamin Louis

Lawson, Sir Wilfrid ( Cornwall

Spencer, Rt Hn C. R. ( Northants )

Cox, Irwin Edw. Bainbridge

Layland-Barratt, Francis

Spencer, Sir E. ( W. Bromwich )

Craig, Charles C. ( Antrim, S.

Lee, A. H. ( Hants., Fareham )

Stanley, Hon. A. ( Ormskirk )

Cripps, Charles Alfred

Legge, Col. Hon. Heneage

Stanley, Lord ( Lancs. )

Crossley, Sir Savile

Leigh, Sir Joseph

Stirling-Maxwell, Sir John M

Dalkeith, Earl of

Leveson-Gower, Fredk. N. S.

Sturt, Hon. Humphry Napier

Dalziel, James Henry

Loder, Gerald Walter Erskine

Sullivan, Donal

Davenport, W. Bromley

Long, Rt. Hon. W. ( Bristol, S.

Talbot, Lord E. ( Chichester )

Dickson, Charles Scott

Lonsdale, John Brownlee

Thomas, F. Freeman ( Hastings

Digby, John K. D. Wingfield-

Lough, Thomas

Thompson, Dr EC ( Monagh'n N.

Douglas, Rt. Hon. A. Akers

Lowe, Francis William

Thomson, F. W. ( York W. R. )

Duke, Henry Edward

Lowther, C. ( Cumb., Eskdale )

Thornton, Percy M.

Durning-Lawrence, Sir Edwin

Lowther, Rt. Hn James ( Kent )

Tomkinson, James

Elibank, Master of

Lucas, Regd. J. ( Portsmouth )

Tomlinson, Sir Wm. Edw. M.

Elliot, Hon. A. Ralph Douglas

Lyttelton, Hon. Alfred

Toulmin, George

Emmott, Alfred

Macdona, John Cumming

Ure, Alexander

Fellowes, Hon. Ailwyn Edwd.

M'Arthur, William ( Cornwall

Valentia, Viscount

Fielden, Edward Brocklehurst

Montagu, G. ( Huntingdon )

Walker, Col. William Hall

Finch, Rt. Hon. George H.

Montagu, Hn. J. Scott ( Hants

Walrond, Rt. Hn. Sir William H

Finlay, Sir Robert Bannatyne

Mooney, John J.

Walton, John L. ( Leeds, S. )

Flannery, Sir Fortescue

Morrison, James Archibald

Warde, Colonel C. E.

Flower, Ernest

Morton, Arthur H. Aylmer

Welby, Sir C. G. E. ( Notts. )

Forster, Henry William

Mount, William Arthur

Whiteley, H. ( Ash.-und,-Lyne

Foster, P. S. ( Warwick, S. W. )

Murray, Rt Hn. A. G. ( Bute )

Wodehouse, Rt. Hn. E R. ( Bath )

Fuller, J. M. F.

Murray, Charles J. ( Coventry )

Wortley, Rt. Hon. C. B. Stuart-

Fyler, John Arthur

Nolan, Col. John P. ( Galway, N.

Wyndham, Rt. Hon. George

Gardner, Ernest

Norman, Henry

Gibbs, Hn. A. G. H. ( City of Ldn.

O'Brien, K. ( Tipperary, Mid )

TELLERS FOR THE NOES

Godson, Sir Augustus Fredk.

O'Brien, Patrick ( Kilkenny )

Sir Alexander Acland-Hood and Mr. Anstruther.

Gordon, J. ( Londonderry, S. )

O'Brien, P. J. ( Tipperary, N. )

Gordon, Maj Evans ( T'rH'mlets

O'Connor, James ( Wicklow, W.

Question, "That the word 'twenty' be there inserted; put, and agreed to."

said after the Amendment which had just been passed some consideration ought to be had for those who used small motor-cars and motor bicycles. He represented many owners of small cars and bicycles, many of whom were working men who, under a system of instalments, were able to purchase small motor-cars and cycles at a cost of from £30 to £40. It was for that class for which he now spoke, and he submitted that for the first offence a £5 fine was enough. He begged to move.

Amendment proposed to the proposed Amendment, as amended—

"In line 4, to leave out the word 'ten' and insert the word 'five.'"—( Mr. Murray. )

Question proposed "That the word 'ten' stand part of the proposed Amendment, as amended."

hoped this Amendment would not be pressed. Whether it was true or not, and he had no reason to suppose it was not, that these small machines were largely in the possession of working-men, he did not think this was the place where any relaxation of the penalties should take place. At a later stage in the Bill he would be willing to accept an Amendment in the name of the hon. Member for Southport giving an appeal in cases where fines of £5 and upwards were imposed, and he would be also prepared to consider the suggestion made in so many quarters, that the punishment by imprisonment on the first offence should be remitted.

* thought that an Amendment appearing in his name on page 35 would, if accepted, greatly simplify this matter. It was that fines or penalties on motor-cyclists should only be one-half of those imposed on motor-car drivers.

hoped the right hon. Gentleman would not accept this Amendment. He personally thought that small motors and motor-bicycles were the most objectionable. They made much less noise, and practically gave no warning. If the Amendment was insisted on, he should support the right hon. Gentleman in resisting it. He hoped that if the Amendment was withdrawn the right hon. Gentleman would seriously consider the desirability of fixing some scale by which those of moderate means, who might unfortunately become involved in these matters, might not unduly suffer. The fines ought not to be as severe in these cases as in the case of the millionaire who was continually defying the law.

pointed out that the penalties were not absolutely fixed by the Bill. The amount of the fine was left entirely to the discretion of the magistrates.

thought that, as the motorcyclist was usually a poor man, and used the machine for business purposes, there should be a distinction drawn between him and the motorist in the matter of the penalty.

said a number of hon. Members held views in an entirely opposite direction to the right hon. Gentleman in this matter, and if he showed no willingness to compromise it was to be feared that long discussions would result.

said the magistrates had unfettered power to discriminate between the motorist and the motorcyclist. He did not think the maximum penalties were excessive. The amount of the fine might be left to the discretion of the magistrates who, he was sure, would do full justice.

was astounded to hear that. If it was to be left solely to the discretion of the magistrates he would be very sorry for the people who unfortunately came before them. It was perfectly scandalous that these outrageously high penalties should be fixed. A wife-beater was treated no worse than a motorist who might exceed the speed limit by half a mile. It was said that the matter might be left to the discretion of the magistrates. He had never known magistrates to have any discretion, and he therefore would never consent to leaving this matter to their discretion. The Bill piled penalty upon penalty, and magistrates would impose every fine possible, and throw odium on everyone. They were not going to sit calmly down and allow that to be done, and they would fight the measure, line by line, in older to secure that these things were kept within proper limits. They wanted some consideration for the poor man. They did not intend to have these terrible and outrageous penalties inflicted on people who did not deserve them, and he could assure the right hon. Gentleman that if he would reduce the amount of the fines it would conduce to the more rapid progress of the Bill.

protested against the principle of high penalties. The penalties imposed by the Bill were certain to operate unequally. The rich man would pay the fine, the poor man would have to go to prison. This unequal operation of the law would not deter people from committing offences. He had brought under his notice only the other week a case where penalty after penalty, amounting in the aggregate to over £100, had been inflicted on the same man, and paid without demur. If the man had been poor he would have had to go to prison, or he would have refrained from breaking the law continuously. The proper course to take was to fix moderate fines that would affect all classes equally, and in the case of habitual offenders to provide imprisonment. In his view the whole principle of the clause was wrong.

said he was unable to contribute to the cataract of tears being shed over automobilists on the subject of fines. After all, this was not a question of fixing an arbitrary fine, it was "a fine not exceeding," and it might safely be left to the local Courts to take all the circumstances fairly into account and deal out justice accordingly. The automobile car business must be brought under the strict and rigid administration of the law. Those who agreed with him were not narrow-minded or animated by a dog-in-the-manger spirit. Personally, he could not afford a six-hundred-guinea motor, but he did not grudge any other man the luxury. But he would like to point out that the greater part of the most serious accidents had occurred on country roads, where it was thought that rash driving was attended with least danger. It was, however, in the villages where the danger was greatest, for in the towns the people were more alert.

Question put.

The Committee divided:—Ayes, 163; Noes, 36. (Division List No. 242.)

AYES.

Agg-Gardner, James Tynte

Digby, John K. D. Wingfield-

Jacoby, James Alfred

Anson, Sir William Reynell

Dilke, Rt. Hon. Sir Charles

Jones, William ( Carnarvonsh'e

Arnold-Forster, Hugh O.

Disraeli, Coningsby Ralph

Joyce, Michael

Asher, Alexander

Dixon-Hartland, Sir F. Dixon

Kemp, Lieut-Colonel George

Asquith, Rt. Hon. Herbert H.

Dorington, Rt. Hon. Sir J. E.

Kenyon, Hon. G. T. ( Denbigh )

Atherley-Jones, L.

Doughty, George

Kilbride, Denis

Atkinson, Rt. Hon. John

Douglas, Rt. Hon. A. Akers-

Kimber, Henry

Bagot, Capt. Josceline FitzRoy

Durning-Lawrenee, Sir Edwin

Lambton, Hon. Fredk. Wm.

Balfour, Rt. Hn. A. J. ( Man'r

Elliott, Hon. A Ralph Douglas

Law, Andrew Bonar ( Glasgow

Balfour, Rt. Hn. G. W. ( Leeds

Emmott, Alfred

Lawrence, Sir Joseph ( Monm'th

Banbury, Sir Frederick George

Faber, Edmund B. Hants, W.

Lawson, John G. ( Yorks. N. R.

Blundell, Colonel Henry

Fellowes, Hon. Ailwyn Edwd.

Legge, Col. Hon. Heneage

Bond, Edward

Fergusson, Rt. Hn. Sir J. ( Manc'r

Loder, Gerald Walter E.

Bousfield, William Robert

Fielden, Edward Brocklehurst

Long, Rt. Hon. W. ( Bristol, S.

Brodrick, Rt. Hon. St. John

Finch, Rt. Hon. George H.

Lowe, Francis William

Bull, William James

Finlay, Sir Robert Bannatyne

Lucas, Reginald J. ( Portsmouth

Burdett-Coutts, W.

Flannery, Sir Fortescue

Lyttlelton, Hon. Alfred

Burke, E. Haviland-

Flower, Ernest

Macdona, John Cumming

Butcher, John George

Forster, Henry William

M'Arthur, William ( Cornwall

Caldwell, James

Fuller, J. M. F.

Morrison, James Archibald

Campbell, J. H. M. ( Dublin Un.

Fyler, John Arthur

Morton, Arthur H. Aylmer

Carson, Rt. Hon. Sir Edw. H.

Gardner, Ernest

Mount, William Arthur

Cavendish, V. C. W. ( Derbyshire

Godson, Sir A. Frederick

Muntz, Sir Philip A.

Cawley, Frederick

Gordon, J. ( Londonderry, S )

Murray, Rt Hn A. Graham ( Bute

Chamberlain, Rt. Hn. J. ( Birm. )

Gore, Hon. S. F. Ormsby-( Linc.

O'Brien, Patrick ( Kilkenny )

Chamberlain, Rt. Hn. J. A ( Worc.

Goulding, Edward Alfred

O'Brien, P. J. ( Tipperary, N.

Channing, Francis Allston

Grant, Corrie

O'Neill, Hon. Robert Torrens

Chapman, Edward

Greene, W. Raymond- ( Cambs.

Paulton, James Mellor

Clive, Captain Percy A.

Griffith, Ellis J.

Pease, Herbert Pike ( Darlingt'n

Cochrane, Hon. Thos. H. A. E.

Guest, Hon. Ivor Churchill

Percy, Earl

Coghill, Douglas Harry

Hamilton, Rt Hn Lord G ( Midd'x

Pirie, Duncan V.

Cohen, Benjamin Louis

Hare, Thomas Leigh

Platt-Higgins, Frederick

Corbett, A. Cameron ( Glasgow

Haslett, Sir James Horner

Plummer, Walter R.

Corbett, T. L. ( Down North )

Hayne, Rt. Hon. CharlesSeale-

Pretyman, Ernest George

Cripps, Charles Alfred

Healy, Timothy Michael

Pryce-Jones, Lt.-Col. Edward

Crossley, Sir Savile

Henderson, Arthur ( Durham )

Purvis, Robert

Dalkieth, Earl of

Hornby, Sir William Henry

Randles, John S.

Davenport, William Bromley

Horner, Frederick William

Rankin, Sir James

Delany, William

Howard, J. ( Midd. Totténham

Rattigan, Sir William Henry

Dickson, Charles Scott

Hudson, George Bickersteth

Redmond, William ( Clare )

Remnant, James Farquharson

Sinclair, John ( Forfarshire )

Walker, Col. William Hall

Renshaw, Sir Charles Bine

Sloan, Thomas Henry

Wallace, Robert

Renwick, George

Smith, Hon. W. F. D. ( Strand

Walrond, Rt. Hn. Sir W. H.

Rickett, J. Compton

Spear, John Ward

Warde, Colonel C. E.

Ritchie, Rt. Hon. Charles T.

Spencer, Rt Hn C. R. ( Northants

Weir, James Galloway

Roberts, John Bryn (Eifion)

Spencer, Sir E. ( W. Bromwich

Welby, Sir C. G. E. ( Notts )

Roe, Sir Thomas

Stanley, Lord ( Lancs. )

White, Luke ( York, E. R. )

Rolleston, Sir John F. L.

Stirling-Maxwell, Sir John M.

Whiteley, H. ( Ash. und. Lyne

Rose, Charles Day

Sullivan, Donal

Wylie, Alexander

Round, Rt. Hon. James

Talbot, Lord E. ( Chichester.

Wyndham, Rt. Hon. George

Samuel, Herbert L. ( Cleveland

Talbot, Rt. Hn. J. G. Ox'd Univ.

Sandys, Lieut-Col. T. Myles

Thomas, F. Freeman-( Hastings )

TELLERS FOR THE AYES

Shackleton, David James

Tomkinson, James

Sir Alexander Acland-Hood and Mr. Anstruther.

Sharpe, William Edward T.

Tomlinson, Sir Wm. Edw. M.

Shaw-Stewart, M. H. ( Renfrew )

Toulmin, George

Shipman, Dr. John G.

Valentia, Viscount

NOES.

Arkwright, John Stanhope

Hatch, Ernest Frederick Geo.

Rollit, Sir Albert Kaye

Balfour, Kenneth R.

Hay, Hon. Claude George

Seely, CharlesHilton ( Lincoln

Bayley, Thomas ( Derbyshire )

Horniman, Frederick John

Sinclair, Louis ( Romford )

Brigg, John

Jameson, Major J. Eustace

Stanley-Hon. Arthur ( Ormskirk )

Compton, Lord Alwyne

Lawson, Sir Wilfrid ( Cornwall

Sturt, Hon. Humphry Napier

Craig, CharlesCurtis ( AntrimS

Lee, A. H. ( Hants, Fareham

Thompson, DrEC ( Monaghn'N

Dalziel, James Henry

Leveson-Gower, Fredk. N. S.

Thornton, Percy M.

Devlin, Joseph ( Kilkenny, N.

Lonsdale, John Brownlee

Ure, Alexander

Elibank, Master of

Lowther, C. ( Cumb. Eskdale

Foster, Philip S. ( Warwick S. W

Mac Veagh, Jeremiah

TELLERS FOR THE NOES

Greville, Hon. Ronald

Montagu. G. ( Huntingdon )

Mr. Charles Murray and Mr. Allhusen.

Hall, Edward Marshall

Montagu, Hn. J. Scott ( Hants

Harmsworth, K. ( Leicester )

Norman, Henry

Harris, Frederick Leverton

Rigg, Richard

said that the penalty for a second offence should be subject to the proviso that the second offence was not committed on the same day, his object being to guard against cumulative fines if the defendant was prosecuted in adjoining districts for the same excessive running. He pointed out that going down hill made a lot of difference in the speed, and magistrates would fail to take that matter into account. It had been shown that these atrocious penalties were practically illegal, and he hoped the Government would abandon this policy of eternally piling up fines.

* pointed out that in going down a road a motorist might unconsciously be travelling just over the limit, and three or four private persons, having taken his number, might summon him. In this way a man, without knowing he had committed an offence, might be fined £10, £20, or £50, all in the same day, and along the same road. That would be a monstrous injustice, and he thought some such words as those proposed ought to be inserted.

thought it was unreasonable that a man should be liable to be fined these penalties, for, perhaps, an initial error, and suggested that the cumulative penalty should not be imposed for practically the same offence.

said the difficulty might be met by the insertion of the provision that the second fine on the same day should not be incurred unless there had been an intimation to the person driving that an offence had been committed in the first instance. A man might be going twenty-one miles an hour without knowing he was exceeding the limit, and four or five persons might summons him for practically the same offence. If, however, he had received an intimation, and still continued at the same pace, the initial penalty should be, repeated.

thought there was something in the argument that there should not be more than one penalty for what was practically the same offence, and undertook to consider the point before the Report stage.

moved an Amendment providing that for any offence subsequent to the second the penalty should be "a term of imprisonment not exceeding one month" instead of a fine not exceeding £50. He urged that the great object of the Committee should be to find a punishment that would fit the crime, and the magistrates should be empowered to impose imprisonment for repeated offences against the law. Fines were no deterrent to wealthy motorcar owners, but a short term in prison would produce a salutary effect even on a millionaire. He acknowledged that the President of the Local Government Board had gone a long way in his endeavour to bring about a compromise, and he was also aware that the right hon. Gentleman had declared he would not allow imprisonment to be inflicted for an infringement of the speed limit, but he felt bound in common justice to move the Amendment, as a fine which a wealthy man would not feel in the least degree might be a very severe punishment to a poorer man. It was true that imprisonment did not deter Irish Members of Parliament from declaring their political opinions, but he believed it would do some of these flying millionaires all the good in the world. He begged to move.

Amendment proposed to the proposed Amendment, as amended—

"In line 6 to leave out the words 'a fine not exceeding £50,' and insert the words 'a term of imprisonment not exceeding one month.'"— ( Mr. William Redmond. )

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

said that the Amendment was a departure from the basis of settlement which had induced his right hon. friend to bring forward this clause, and which was that imprisonment should not be coupled with the laying down of a speed limit. The infringement of the speed limit was, after all, a less serious offence than driving to the public danger. The two offences were in different categories, and driving to the danger of life and limb was punished more severely. He hoped, therefore, the hon. Member would not press the Amendment.

said he had desired to move to reduce the penalty for the second offence from £20 to £10.

* said the hon. Member should have risen as soon as the hon. Member for East Clare stated where his Amendment would come in.

said he did not hear the effect of the Amendment stated until nearly the end of the speech.

* pointed out that the ordinary course was for a Member to write out his proposed Amendment on paper and bring it to the Chair. If he did not take the trouble to do that, he ought to watch the proceedings carefully to see that he was not shut out by other Amendments being moved.

said that while he thought the suggestion of imprisonment was not half so bad as the other penalties in the clause, he must oppose the Amendment. The sole desire of the hon. Member for East Clare was to punish millionaires. He was not a millionaire, therefore the enactment would not affect him. He had not the slightest objection to the penalty being inserted, but things ought to be done in proper order; it was absolutely unfair that it should be sandwiched in at this point, and he should vote against it.

in asking leave to withdraw the Amendment, expressed the hope that the right hon. Gentleman would consider whether some hing could not be done in the direction he had indicated.

Amendment, to the proposed Amendment, as amended, by leave, withdrawn.

moved to add at the end of the proposed Amendment the words "provided that proof of the exact measurement and rate of speed should be produced." He said that all he asked was that satisfactory proof of the rate of speed at which the car was travelling should be produced in Court. At present, in many cases the charges were based on a mere guess of a policeman, and it was only reasonable, if these substantial penalties were to be imposed, that satisfactory proof of the offence should be forthcoming.

Amendment proposed to the proposed mendment as amended—

"At the end, to add the words 'provided that proof of the exact measurement and rate of speed be produced.'"—( Mr. Dalziel. )

Question proposed, "That those words be there added.

said he did not think those who were interested in motoring were doing any good to their case by invariably assuming that every Court would be prejudiced against motorists and were going to act unfairly towards them. He could not think there was any necessity in this case to impose on magistrates an obligation in regard to evidence which was not imposed on them in any other case.

asked if the convictions of motorists in England counted for promotion in the case of the policeman. If it did, it would be a very easy thing for him to sally out from the police station, stop-watch in hand, and shortly afterwards to find two stripes blossoming out on his shoulder. It would be a great temptation to a policeman to be thus able to become a sergeant "on easy terms." He was surprised to hear that the aristocracy in England had so much suspicion of the police, as when the peasantry in Ireland harboured such a feeling they were at once condemned as possessing a double dose of original sin, and it was really most painful to find this suspicion of law and order arising in England.

said the Amendment was scarcely practicable. He would be very sorry if any general impression obtained that the magistrates did not do their best to administer justice impartially. Speaking with some experience, he ventured to say that, on the whole, magistrates did their duty conscientiously and arrived at correct conclusions. He agreed with the President of the Local Government Board that these matters were best left to the general laws of evidence.

said that this Amendment ought to be met in a proper way, and they ought to have some of that spirit of compromise for which the right hon. Gentleman had always hitherto been celebrated. He hoped the President of the Local Government Board would give way in this matter, and he appealed to him to do this in order that the Bill might go through.

said that, taking it as a whole, he thought they got justice from the magistrates, but there existed an enormous amount of prejudice in this matter. Although he had not yet been convicted, unjust attempts had been made to stop his car whilst driving to the House of Commons. Coming down Corn hill upon one occasion about five miles an hour, a policeman stopped him and demanded his name and address. He gave his name, and his address as "the House of Commons," but the officer refused to take that address. He was summoned, but the case was dismissed, and although the magistrate agreed with him the Commissioner of Police disagreed, and he awarded this particular policeman two days' holiday. There was an enormous amount of prejudice against motorists. They had heard a good deal about stop-watches. Not long ago a policeman produced a stop-watch, and upon examination it was found that the works were completely out of order, and the case was dismissed. In one case a stick was thrown at a motor-car, and when the owner applied for a summons the magistrate held that as the motorcar must have been going at a furious rate the man who threw the stick was not responsible for the damage. He thought it was unjust not to issue a summons against the roan who threw the stick. He hoped the right hon. Gentleman would insert something in regard to these penalties which would satisfy justice. None of them wanted to travel faster than twenty miles an hour, but he thought words should be inserted demanding some proof as to the rate of speed.

said he hoped the President of the Local Government Board would maintain the position he had taken up. If this Amendment were accepted no conviction would ever be obtained, except by setting a trap.

said if any ordinary person observed a car travelling at a high rate of speed, unless he could state the exact speed at which the ear was going, and declare that it was twenty and a-half miles or twenty-one and a-half miles, or some definite speed, no conviction could be obtained. Therefore this clause would be rendered null and void. If his hon. friend persisted in this Amendment he hoped would be rejected.

* said that as a means of getting out of this difficulty, he would suggest that some such words as those contained in his Amendment on page 19 should be inserted. He thought the evidence of the police constable should be corroborated by some other material evidence. He suggested that his Amendment should be incorporated in this clause. If no safeguard were provided there would be no guarantee that the prosecutor was any judge of speed at all, and a motorist might be brought up 200 miles from his home to defend a trumped-up case. He would suggest that the testimony of the constable should be corroborated by some other material evidence implicating the accused. (Cries of "No.")

protested against the aspersion cast upon certain hon. Members by the right hon. Gentleman who stated that they were interested in motor-cars.

said he did not think his hon. friend was entitled to say that. His language had been misunderstood, and he had explained to the Committee that it was never intended to be so interpreted. After that explanation he did not think the hon. Member was entitled to deliberately ask the Committee to accept that interpretation of his language.

apologised to the right hon. Gentleman and withdrew his statement. He said that magistrates had not shewn themselves willing to accept definite proof on this matter. It was all very well to say that they were not biassed, but they were, because many magistrates had given expression to views which showed clearly that they were anti-motorists. Why should a man holding definite anti-motorist views be allowed to adjudicate in regard to an offence of this sort? Was it unreasonable to ask that some proof should be given in regard to the rate of speed? There was nothing more liable to error than the calculation of speed. Hon. Members who owned horses would be very hard put to it to say whether they were going at five miles or ten miles an hour, and yet they were asking the House of Commons to put motorists at the mercy of an ignorant constable, who was probably full of energy and ready to do his duty, but who was no judge of the speed of motor-cars going along ordinary roads, unless he timed the speed with a reliable watch over a measured distance They had a right to ask the right hon. Gentleman to allow a more definite proof in regard to the rate of speed to be brought before the magistrate before those almost savage penalties were inflicted.

said that it was an extraordinary thing to attack magistrates on the ground that they were so prejudiced againt motor-cars that they could not discharge their ordinary duties as magistrates. He had never heard of any difficulty in magistrates trying poachers because they happened to be interested in the Game Laws. It had not been suggested that in regard to motorists they were going to convict without evidence. He was not now dealing with penalties. He was dealing with the question of conviction. The hon. Gentleman opposite did not suggest that because the penalties differed the proof ought to differ also. There ought never to be a conviction without sufficient evidence. He trusted the right hon. Gentleman would stand by the clause as drawn. They were greatly obliged to him for the way he had met them in regard to this Bill. There was, however, a danger that unless they got on faster they would lose the Bill altogether.

said he thought he could undertake to convince the right hon. Gentleman in charge of the Bill that some Amendment of this nature was requisite. Why was that? When the right hon. Gentleman brought in the Bill it was without a speed limit, because all the chief constables of England were agreed that that was the proper course to take. Why was it the proper course to take? Because in regard to this question of speed, above all others, it was almost impossible for the human judgment to be infallible. In a painful case he was connected with last week he heard a barrister swear that the oar was going at forty miles an hour, a law student swore that the speed was twenty miles an hour, and a sensible policeman said it was going very fast, but he could not say how fast. He had not the least apprehension in regard to the action of the Irish police or the Irish Bench in this matter because they always acted fairly, except in political cases. Once they left religion and politics out of the question, in Ireland they had far better Judges and law and magistrates than here in England. Of course, the things that aroused their passions were questions of religion and politics. So far as Ireland was concerned he was not in the least alarmed by the proposal in the Bill as it stood, but unless they established a trap system how could a magistrate, when there was a conflict of testimony, come to a conclusion in regard to speed, and the very drastic penalties which were to be imposed? His hon. friend the Member for Perth had said that it was a monstrous thing to state that the magistrates were prejudiced. All people were prejudiced. He hated motor-cars himself, and he was perhaps the most prejudiced man in the House against them. To say that the magistrates were prejudiced was to say that they were human beings. Everyone was prejudiced very much against motorists, unless he was a motorist himself. He should not regard any one connected with the motor industry as unprejudiced. He thought it would be a far more profitable industry than the one in which he was himself engaged. [Cries of "No."] Be that as it might, they were dealing with a very difficult question. They were dealing with a case where public liberty and life and limb were at stake, where the tendency of the Bench and the police was to down the few men against whom practically every man's hand was turned. As he understood, every man's hand here was against the motorist, but in Ireland it was not 60. It might be because they had not so many motorists in Ireland. It seemed to him in regard to this very difficult question of speed that some greater precision in points of evidence was desirable. His hon. friend the Member for Kirkcaldy had suggested the production of some corroborative or particular form of evidence. He did not think that anybody's liberty was safe if the man in the street was to be entitled to say "I believe that man was going at thirty or twenty-five miles an hour." It seemed to him, therefore, that although motorists belonged to a class which had very seldom been brought into contact with the law, they were beginning to feel that they were in the position of the common man in England or the poacher in Ireland. They would begin to feel now that, so far as offence against the law was concerned, they had more interest in the general democratic administration of the law. The right hon. Gentleman had expressed himself as being most anxious to get this Bill. The House of Lords, conservative as it was, initiated this Bill, and they might have a word to say upon the Amendments. While he was most anxious to see the speed limit reduced he was also most anxious to see the Bill become law. It might happen in this case, as happened in regard to the Children's Bill recently, that there would be a strong fanatical body on one side and another strong fanatical body on the other side. It was for the House itself to take up a position of moderation. This Bill would go back to the Lords, who had no electors to send them to Parliament, and, therefore, they might take a very different view from the House of Commons with regard to the necessities of the case. Therefore, if the Bill was to become law, he begged the right hon. Gentleman to consider whether something more was not necessary than the mere ipse dixit of a policeman or a villager.

said he could not help thinking that it would be better to adhere to the usual rules of law. The question of the speed at which a motor was travelling was a question of fact, and surely it was better to leave that question of fact to be determined by the magistrates. He did not believe it was possible to devise any satisfactory form of words. It seemed to him that the form of words proposed was not satisfactory. He suggested to the Committee that, having made up their minds that there should be a speed limit, it should be left to the magistrates to say whether or not it had been exceeded.

said if the Attorney-General did not like the form of words proposed he was willing to leave him to introduce another form.

said this matter did not turn upon the evidence. There was hardly a case brought into Court where there were not half-a-dozen witnesses on each side. It was almost impossible to say whether a car was travelling twenty-five or thirty miles an hour unless it was properly timed. All that was asked for was that evidence should be produced that a test had been made of the speed. If the magistrates had to decide between three or four men on the car and the three or four men on the road, how on earth were they to get out of their difficulty? It was simply a case of a number of men guessing on a matter with respect to which it was admittedly practically impossible to guess. They were told that this should be left to the justices. That did not come very well from a Government who would not trust the justices in regard to drink licences, and who were going to introduce a Bill on the subject next year. The whole history of motor-car cases showed that the local magistrates were prejudiced against motorists, and many of them had stated that they would impose the maximum penalty every time motorists were brought before them.

thought there was a good deal to be said for the Amendment. There had been misapprehension as to its effect. It did not cast any aspersion upon either the magistrates or the police. It was fair to state, what was a well-known fact, that it was practically impossible for any human being to say, from mere observation, at what pace a particular vehicle was going. He had had a great deal to do with cases involving the speed of vehicles in London streets, and it was almost impossible to get any uniformity of opinion as to the speed of a hansom cab, and a fortiori it would be more difficult to get the speed of a motor-car. Some words were wanted in the Bill to preclude a bonâ fide mistake being made as an error of judgment. He would suggest the insertion of the following words:—" No person shall be convicted under this section except upon proof of a time test." That would practically carry out all that was wanted. He was not making any imputation on the honesty of the magistrates or of the police when he suggested that such words as these would meet the case—viz., "No person shall be convicted under this section except on proof of a time test."

said he wished to protest against the interpretation of this clause being left to the magistrates, and half-educated barristers-at-law.

said that the Committee would be wise in allowing the magistrates to exercise their common sense and do justice in this matter.

said that the Amendment was not one which the Government could possibly accept. He understood from the Solicitor-General for Scotland, that in Scotland, to which part of the kingdom this Bill applied, the evidence of two witnesses would be required for conviction. It was well worth considering whether the same rule should not be applied in England, and before the Report stage the Government could consider whether a clause could not be framed to provide that no conviction should take place except on the evidence of two witnesses.

said he was glad to recognise the spirit with which the right hon. and learned Gentleman had met this point, but the question had nothing to do with two, six, eight, or ten witnesses; for it was humanly impossible for anyone to give correct evidence on this point. There could be no more reasonable Amendment than the one now placed before the Committee.

said that he wished to support the Amendment. There ought to be a proper test of speed. He approached this question, not from the point of view of a driver of a motor-car, because in his own experience he had had the greatest desire in the world to keep within the legal limits of speed, and the magistrates had been often rather unwise in their decisions upon that point. He himself was against a speed limit, because he did not believe that any man or woman could judge what was reckless driving. But the Committee having agreed on a speed limit, they should see that there was a proper means of testing whether that speed was exceeded. In his judgment it was not sufficient that the test should simply be out of the mouth of two witnesses, as had been suggested by the right hon. and learned Gentleman the Attorney-General.

said he sincerely trusted that the Government would not give way and accept this Amendment.

said the President of the Local Government Board ought not to ask the Committee to decide this matter without giving them further information. The hon. Gentleman who had just spoken, said that on some lonely road a person might be run down; but that had nothing whatever to do with the speed limit, and was provided for in another part of the Bill. He had driven a motor-car a good deal, and every expert motorist would agree that he would not for a moment attempt to give the speed of a car by watching it pass. Even such an experienced motorist as Mr. Edge said he could not estimate the speed merely by seeing a car pass. If this Amendment were carried they would not get a speed limit really, but a limit to be provided by a policeman. If there was to be a speed limit it should be determined as accurately as possible.

said they had heard of the "Lady's Mile," but in future it will be the "Bobbies' Mile."

Question put.

The Committee divided:—Ayes, 45 Noes, 140. (Division List No. 243.)

AYES.

Agg-Gardner, James Tynte

Hatch, Ernest Frederick Geo.

Pease, Herbt. Pike ( Darlington

Allhusen, Aug. Henry Eden

Hay, Hon. Claude George

Pirie, Duncan V.

Balfour, Kenneth R. ( Christch. )

Healy, Timothy Michael

Rose, Charles Day

Bayley, Thomas ( Derbyshire )

Jameson, Major J. Eustace

Scott, Sir S. ( Marylebone, W. )

Boscawen, Arthur Griffith

Jones, William ( Carnarvonsh. )

Seely, Charles Hilton ( Lincoln

Cecil, Lord Hugh ( Greenwich )

Lee, A. H. ( Hants., Fareham )

Sinclair, Louis ( Romford )

Coghill, Douglas Harry

Leigh, Sir Joseph

Stanley, Hon. A. ( Ormskirk )

Compton, Lord Alwyne

Leveson-Gower, Frederick N. S.

Stirling-Maxwell, Sir Jn. M.

Craig, Chas. Curtis ( Antrim, S. )

Lonsdale, John Brownlee

Sturt, Hon. Humphry Napier

Elibank, Master of

Lowther, C. ( Cumb. Eshdale )

Thomas, F. Freeman ( Hastings )

Foster, Philip S. ( Warwick S. W

Montagu, G. ( Huntingdon )

Walker, Col. William Hall

Fyler, Jolm Arthur

Montagu, Hon. J. Scott ( Hants. )

Gore, Hon. S. F. Ormsby-( Linc.

Murray, Charles J. ( Coventry )

TELLERS FOR THE AYES

Greene, W. Raymond ( Cambs. )

Nolan, Col. John P. ( Galway, N.

Mr. Dalziel and Mr. Norman.

Greville, Hon. Ronald

O'Connor, Jas. ( Wicklow, W. )

Hall, Edward Marshall

O'Neill, Hon. Robert Torrens

Harris, Frederick Leverton

Paulton, James Mellor

NOES.

Anson, Sir William Reynell

Brigg, John

Clive, Captain Percy A.

Arkwright, John Stanhope

Brodrick, Rt. Hon. St. John

Cochrane, Hon. T. H. A. E.

Arnold-Forster, Hugh O.

Bull, William James

Cohen, Benjamin Louis

Asher, Alexander

Burdett-Coutts, W.

Corbett, A. Cameron ( Glasg. )

Atkinson, Right Hon. John

Butcher, John George

Corbett, T. L. ( Down, North )

Bagot, Capt. Josceline FitzRoy

Caldwell, James

Cremer, William Randal

Balfour, Rt. Hn. A. J. ( Man'r

Campbell, J. H. M. ( Dublin Univ

Cripps, Charles Alfred

Balfour, Rt. Hn. G. W. ( Leeds )

Carson, Rt. Hon. Sir Edw. H.

Crossley, Rt. Hon. Sir Savile

Banbury, Sir Frederick George

Cavendish, V C W ( Derbysh. )

Dalkeith, Earl of

Blundell, Colonel Henry

Cawley, Frederick

Davenport, William Bromley

Bolton, Thomas Dolling

Chamberlain, Rt. Hon J. ( Birm

Delany, William

Bond, Edward

Chamberlain, Rt. Hn. J. A ( Worc

Dickson, Charles Scott

Bousfield, William Robert

Chapman, Edward

Disaeli, Coningsby Ralph

Doogan, P. C.

Law, Andrew Bonar ( Glasgow )

Ritchie, Rt. Hn. Chas. Thomson

Douglas, Rt. Hon. A. Akers-

Lawson, JohnGrant ( Yorks. N. R.

Roberts, John Bryn ( Eifion )

Duke, Henry Edward

Lawson, Sir Wilfrid ( Cornwall

Robertson, Herbert ( Hackney ),

Durning-Lawrence, Sir Edwin

Legge, Col. Hon. Heneage

Roe, Sir Thomas

Elliot, Hon. A. RalphDouglas

Loder, Gerald Walter Erskine

Rolleston, Sir John F. L.

Emmott, Alfred

Long, Rt. Hn. Walter ( Bristol, S

Rollit, Sir Albert Kaye

Fellowes, Hon. Ailwyn Ed.

Lowe, Francis William

Samuel, Herbert L. ( Cleveland )

Fergusson, Rt. Hn. Sir J. ( Man'r

Lucas, Reg'ld J. ( Portsmouth )

Sandys, Lt.-Col. Thos. Myles

Fielden, Edward Brocklehurst

Lyttelton, Hon. Alfred

Shackleton, David James

Finch, Rt. Hon. George H.

Macdona, John Cumming

Shaw-Stewart, M. H. ( Renfrew

Finlay, Sir Robert Bannatyne

MacDonnell, Dr. Mark A.

Shipman, Dr. John G.

Flannery, Sir Fortescue

MacVeagh, Jeremiah

Smith, James Parker ( Lanarks

Flower, Ernest

M'Arthur, William ( Cornwall )

Smith, Hon. W. F. D. ( Strand )

Forster, Henry William

Morrison, James Archibald

Spear, John Ward

Gardner, Ernest

Morton, Arthur H. Aylmer

Stanley, Lord ( Lancs. )

Godson, Sir Augustus Frederick

Moss, Samuel

Sullivan, Donal

Gordon, J. ( Londonderry, S. )

Mount, William Arthur

Talbot, Lord E. ( Chichester )

Grant, Corrie

Murphy, John

Talbot, Rt. Hn. J. G. ( Oxfd Univ

Greene, Hy. D. ( Shrewsbury )

Murray, Rt. Hn. A. Graham ( Bute

Thompson, Dr. E. C. ( MonaghanN

Griffith, Ellis J.

Nicholson, William Graham

Toulmin, George

Guest, Hon. Ivor Churchill

O'Brien, P. J. ( Tipperary, N. )

Valentia, Viscount

Hamilton, Rt. Hn. Lord G. ( Mid

O'Kelly, J. ( Roscommon, N. )

Wallace, Robert

Hare, Thomas Leigh

Percy, Earl

Walrond, Rt. Hn. Sir William H.

Hayne, Rt. Hon Charles Seale-

Platt-Higgins, Frederick

Warde, Colonel C. E.

Henderson, Arthur ( Durham )

Plummer, Walter R.

Weir, James Galloway

Hornby, Sir William Henry

Pretyman, Ernest George

Welby, Sir Chas. G. E. ( Notts )

Horner, Frederick William

Pryce-Jones, Lt.-Col. Edward

White, Luke ( York, E. R. )

Horniman, Frederick John

Purvis, Robert

Whiteley, H. ( Ashton-und-Lyne

Howard, J. ( Midd., Tott'ham

Randles, John S.

Wortley, Rt. Hn. C. B. Stuart-

Hudson, George Bickersteth

Redmond, William ( Clare )

Wylie, Alexander

Jacoby, James Alfred

Remnant, James Farquharson

Wyndham, Rt. Hon. George

Kemp, Lieut.-Colonel George

Renshaw, Sir Charles Bine

Kenyon, Hon. Geo. T. ( Denbigh )

Renwick, George

TELLERS FOR THE NOES

Kilbride, Denis

Rickett, J. Compton

Sir Alexander Acland- Hood and Mr. Anstruther.

Lambton, Hon. Frederick Wm.

Rigg, Richard

Question, "That those words, as amended, be there inserted," put, and agreed to.

Amendment proposed—

"After the last Amendment to insert the words, 'Provided that a person prosecuted for an offence under this section shall not be convicted on the evidence of one witness only.'"—( Mr. Walter Long. )

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

asked whether it would not be better to have two justices. In England one justice could convict. Would it not be fair to say, "a person prosecuted for an offence under this section should not be convicted by one justice only"?

asked whether, in this case, there would be an appeal to the quarter sessions, or whether the case would be decided finally by the magistrate.

pointed out that there should be two witnesses as to speed. At present there might be two witnesses, but only one could speak as to speed.

admitted that there must be two witnesses as to speed.

Question put, and agreed to.

said his next Amendment was to leave out Sub-section 2 of Clause 1, which provided that any constable might, without warrant, arrest and take to the police station any driver of a motor-car who, in his opinion, had committed an offence under the clause. That was a pretty serious matter when the Bill was first drafted, it was much more serious now.

pointed out that by a subsequent Amendment he proposed to move this sub-section into its proper place in Section 7, so that it would not apply to Clause 1.

said then he would discuss his Amendment in its relation to the Bill as drafted. The question was whether a police constable should have power to arrest a driver of a motor-car when he thought he had committed an offence under this sub-section. It was a very severe sub-section. He thought it was only reasonable that a police constable should be satisfied with the private card of the driver and the number of his car, by which he could always be identified, and that then he should be summoned in the ordinary way. If a hansom-cab driver ran his cab into another vehicle, nine times out of ten his number was taken and he was summoned in the ordinary course, whereas, in this case, the police constable had a right to be dissatisfied with the driver's card, and would have a right to haul him off to the police station.

Amendment proposed—

"In page 1, line 12, to leave out. Subsection 2."—( Mr. Dalziel. )

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

pointed out that the sub-section only carried out what was at present the law that, under the Highways Act of 1835, a person causing an accident could be arrested, not only by a constable but by any person.

said in practice arrests were never made. What he argued was that, in regard to this particular Bill, where there was so much prejudice, and where the mind of the policeman was absolutely poisoned by those who hated motors, he would not show that indulgence to motorists that he would show to the driver of a hansom cab or butcher's cart, that it was only right that he should not have the power to take the driver to the station.

opposed the Amendment, stating that the sub-section simply set out the present law, only it rather weakened the law and made it more favourable to the motorist. Under the Highways Act the driver of a hansom cab or a butcher's cart might be arrested, not by a constable only, but by any person, if it was necessary for the protection of the public. In the present case it was not in the least likely that the power of arrest would ever be put in force except in cases where the driver resists the authority of the police, or where he was in a condition which made his further driving dangerous to the public.

asked whether they were not engaged in flogging dead horses. If all that Sub-section 2 did was to enact what was at present the law, it only advertised really what the law was, and the Government had nothing to gain by it. He submitted, under the circumstances, that they might delete the subsection, and leave the law as it was and not unnecessarily advertise it.

said the case was even stronger than that put by his hon. friend, because, as the right hon. Gentleman pointed out, this sub-section weakened the law. He therefore appealed to him to accept the Amendment.

supported the Amendment. The right hon. Gentleman had told the Committee that this clause was more favourable to the motorists, but if motorists preferred the law as it stood, the right hon. Gentleman could have no reason to retain it. He objected to the clause altogether. The Bill had been drawn under totally different circumstances. In the first place, the right hon. Gentleman had told them that the introduction of the speed limit was the greatest folly that had ever been committed. He now came down and carried a speed limit. No criminal could be found who had less justice shown to him than would be shown to the motorist if a constable was to be allowed to pounce upon him and drag him off to durance vile. If this Amendment were persisted in he should support it in the Division Lobbies.

* pointed out that he had down an Amendment dealing with the case of the man who refused to give his name and address and whose car did not bear marks of identification, and he thought that would best meet the case.

said if the Government accepted that Amendment he was willing to withdraw his own.

Amendment, by leave, withdrawn.

moved to insert after "constable" the words "in uniform." The object was to limit the power of arrest to police-constab es in uniform. If a man in civilian clothes was to hold up his hand to a motorist to stop, how was the motorist to know that he was not some person intent on a practical joke? If the right hon. Gentleman did not accept this Amendment he would be putting a very severe disability on motorists, as they would be liable to heavy penalties for not stopping, although they might not know whether the person who told them to stop was a constable or not. They might commit the offence quite in ignorance.

Amendment proposed—

"In page 1, line 12, after the word 'constable' to insert the words 'in uniform.'"—( Mr. Griffith Boscawen. )

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

hoped the hon. Member would not press the Amendment, as it was unnecessary. If a constable in plain clothes arrested a motorist he would, of course, give proof that he was a constable. It was quite Unreasonable to insist that he should be in uniform.

was able to say from a wide experience extending over many years that, whether one was arrested by a constable in uniform or by a constable in plain clothes, the sensation was exactly the same.

* said it was a question of stopping the car at the behest of anyone who might be a private individual and not a constable even in disguise. Were motorists to be expected to do that?

said he should like to have cleared up a point which puzzled motorists. Was it an offence for a motorist not to stop when he was called upon to do so by a man not in uniform?

said that as the object of his Amendment was to prevent the stopping of motorcars by men not in uniform he should not press it now that it was laid down that only a constable in plain clothes could stop a car.

* : If a constable is not in uniform how can we tell him from a private individual?

said they had just passed an Amendment providing it should be necessary to have two witnesses in order to secure a conviction, and yet this clause would enable one policeman in private clothes to arrest a motorist. He hoped the Amendment would be pressed so that only uniformed persons should have the power of arrest.

* thought it unnecessary to press the Amendment, as the Attorney-General had assured the Committee that no policeman could stop a motorist unless in unform.

agreed, as the Government had admitted it would not be an offence if a driver ignorant that the person who hailed him was a constable, declined to stop.

repeated that he would withdraw his Amendment if he was assured that a person who failed to stop when a plain clothes constable held up his hand would not be guilty of an offence.

said there was no doubt whatever on that point. Obviously only a constable in uniform had the right to stop and arrest.

was glad of that assurance, for only on Bank Holiday his motor was pulled up by a fellow who wanted to borrow half-a-crown. Nothing would again induce him to stop for a man in plain clothes.

said that in view of the statement made on behalf of the Government that the constable must be in uniform he would not press the Amendment.

Question put, and negatived.

* formally moved to amend Sub-section 2 by inserting after the word "view" the words "who refuses to give his name and address, or whose motor-car does not bear the mark or marks of identification."

Amendment proposed—

"In page 1, line 14, at end, to insert the words, 'who refuses to give his name and address, or whose motor-car does not bear the mark or marks of identification.'"—( Mr. Scott-Montagu. )

Amendment agreed to.

moved to substitute "or" for "and" in line 17.

Amendment proposed—

"In page 1, line 17, to leave out the word 'and' and insert the word 'or.'"—( Sir Albert Rollit. )

Amendment agreed to.

moved to omit from "Act" in line 17 to the end of the clause. He thought the object of the Amendment would be apparent to everybody. Under the clause as it stood it would be the duty of the owner of a motor-car to give any information within his power to lead to the identification of a driver, and failure to do so would render him liable to be fined. Anything more grossly unfair was never put into an Act of Parliament. It was seriously proposed that the owner should act the spy upon his own driver. He did not believe there were three Members of the House who would dream of doing such a thing, and he hoped the right hon. Gentleman would allow these words to be deleted.

Amendment proposed—

"In page 1, line 17, to leave out from the word 'Act,' to end of clause."—( Major Jameson )

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

pointed out that when a constable had taken the number of a car, the only way in which the name of the owner could be ascertained was by reference to the register. In the meantime, the driver might think it advisable to attempt to evade justice. Surely in such a case the owner ought to be called upon to give what assistance he could to find the driver. There was only one alternative, and that was to make the owner liable for the acts of the driver. He thought the better course was to call upon the owner to give the necessary information.

asked whether the right hon. Gentleman could conceive of any owner coming forward to give evidence against his own driver. It was a grossly unfair provision.

Question put, and agreed to.

thought it rather hard that an owner should be liable to imprisonment for the offence here provided against, and in order to elicit the view of the right hon. Gentleman he moved to insert after "Act," in line 22, the words, "and shall be liable on summary conviction to a fine not exceeding £10."

Amendment proposed—

"In page 1, line 22, after the word 'Act,' to insert the words, 'and shall be liable on summary conviction to a fine not exceeding £10.'"—( Mr. Allhusen. )

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

thought the hon. Member hardly appreciated the gravity of the Amendment. Before this penalty could be inflicted the driver must have committed an offence and have refused to give his name and address, or have given a false name or false address. It could not be suggested that it was not a serious matter for a driver to be guilty of such conduct, and the owner to refuse to assist in his identification.

Amendment, by leave, withdrawn.

moved to add the following new sub-section:— "(4) If a driver of a motor-car refuses to stop the movement of the engine when the motor-car is stationary when requested to do so by a police constable or by any person having charge of any horse or mule, he shall be guilty of an offence under this Act." He understood that the motorists had no objection to the Amendment provided certain words, which he was willing to accept, were inserted.

Amendment proposed—

"In page 1, line 22, at end, to insert the words, '(4) If a driver of a motor-car refuses to stop the movement of the engine when the motor-car is stationary when requested to do so by a police constable or by any person having charge of any horse or mule, he shall be guilty of an offence under this Act."'—( Sir Frederick Banbury. )

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

* said that if the Amendment were accepted he desired also to insert the words, after the word "stationary," "for more than three minutes, except when detained by reason of the traffic."

hoped his hon. friends would not press the Amendment, either in its original or in its amended form. This was one of the things that ought to be met by regulation. Under the Act of 1896 the Local Government Board had power to frame regulations, and he was quite prepared to frame a regulation dealing with this subject on the lines suggested by the Amendment.

expressed his surprise at the action of the President of the Local Government Board. He thought the right hon. Gentleman hardly realised the effect of this proposal. It simply meant that any person in charge of a mule might stop a car and compel the engine to be turned off.

said that what he had undertaken to do was to accept the principle of the proposal; he would take care that the regulation was framed in a fair and reasonable way.

said the point of this proposal was that if a motor-car was standing still, and the engine was on, a person in charge of a mule could compel him to turn off the engine. [An HON. MEMBER: Why not?] He hoped the right hon. Gentleman would do nothing so foolish as to accept this proposal. If a driver of a motor-car saw a horse in trouble he almost invariably slowed down, It would be very unfair that a person in charge of a mule should be able to insist upon a man stopping his engine.

said the hon. Member opposite was quite mistaken in thinking that this was not a grievance to the people who drove horses. The other day the driver of a motor-car standing stationary near his horse deliberately refused to stop his engine until a police constable appeared, and then he had to do it. If his right hon. friend would give an assurance that in framing regulations this danger would be guarded against he should be very pleased to withdraw his Amendment.

said his hon. friend the Member for Kirkcaldy was quite right in his contention. If a man held up his hand the motor-car driver was compelled to stop, and then a person in charge of a mule could compel him to stop his engine. This would practically prevent motor-cars using the public roads at all.

Amendment, by leave, withdrawn.

said he should like to point out two of the weak points of the clause which would very much endanger the usefulness of this Bill. In the first place there was the liability which they were placing upon the driver of the car, and secondly there was the question of testing the speed. Upon this point a reasonable Amendment had been proposed, and if it had been accepted it would have satisfied many hon. Members who were dissatisfied with the Bill as it stood.

Clause 1, as amended, agreed to.

Clause 2.

* in moving the Amendment standing in his name, asked the President of the Local Government Board if he had any idea of the size of the numbers to be adopted. He thought the numbers should be reasonably conspicuous but not disfiguring.

Amendment proposed—

"In page 1, line 26, after the word 'number,' to insert the words 'not exceeding in size seven inches in length by three inches in width.'"—( Mr. Scott-Montagu. )

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

said that the size of the numbers would have to be varied somewhat according to the size of the cars, and it was very undesirable that I any words in the Bill should fix the size. This was a matter which could be best dealt with by regulations.

said he hoped the President of the Local Government Board would give them some idea as to the size of these numbers. This was a matter which should not be left to everybody to decide, and some definite marks should be provided for in the Bill. He contended that they had no right to brand a motor-car like a convict, and make it unsightly, and it was absolutely necessary that the Government should give them some declaration of their intention upon this point. They should have a clearly defined mark, so that there would be no more of this shilly-shallying which had happened upon other points.

* hoped the right hon. Gentleman, in framing his regulations, would take care that the cars, especially thosef or town use, would not be disfigured in any way.

asked if it was intended to have the mark on the front and the back or only in one place.

said these cars varied immensely in size and shape and weight. Probably in some cases one in front and one at the back would be sufficient, but so long as they secured that the mark was conspicuous that would be all that they would insist upon.

Amendment, by leave, withdrawn.

moved to insert the following new sub-section:—"In any case in which the number hereinbefore referred to is made use of for the purpose of a prosecution, the prosecutor or informant shall by evidence prove that all possible means had been taken at the time that the alleged offence was committed to notify to the person so prosecuted that he was required to stop; in default of which, any person or persons instituting a prosecution or laying the information under the Acts aforesaid, shall pay any costs and expenses incurred by the person so prosecuted." He said the reasons for the Amendment were obvious. As the law at present stood, it would be possible for anyone walking along the road to institute proceedings under this Act against a motorist. That alleged contravention might take place at Barnet, and the summons might not reach him until he reached Carlisle some days later. The person prosecuted would not have any means of ascertaining on which part of the road the offence was committed, and would be precluded from calling witnesses—in fact, would be able to offer no defence whatever. It would be only fair that those who intended to prosecute under the Act should at least take all reasonable means of informing the men they intended to prosecute.

Amendment proposed—

"In page 1, line 30, after the word 'Act' to insert the words 'In any case in which the number hereinbefore referred to is made use of for the purpose of a prosecution, the prosecutor or informant shall by evidence prove that all possible means had been taken at the time that the alleged offence was committed to notify to the person so prosecuted that he was required to stop. In default of which, any person or persons instituting a prosecution or laying the information under the Acts aforesaid, shall pay any costs and expenses incurred by the person so prosecuted.'"—( Mr. Arthur Stanley. )

hoped his hon. friend would not press the Amendment. To introduce at this stage an Amendment so important, which had not appeared on the Paper, would be a dangerous step. He assured his hon. friend that he would consider the Amendment before Report.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 2, line 1, to leave out the word 'five,' and insert the word 'twenty.'"—( Mr. Brigg. )

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

accepted the Amendment, but a division was challenged by a number of hon. Members.

Question put.

The Committee divided:—Ayes, 22; Noes, 135. (Division List No. 244).

AYES.

Allhusen, AugustusH'n'yEden

Londsdale, John Brownlee

Seely, Charles Hilton ( Lincoln

Balfour, Kenneth R. ( Christch.

Lucas, Reg'ld J. ( Portsmouth )

Sinclair, Louis ( Romford )

Boscawen, Arthur Griffith-

Montagu G. ( Huntingdon )

Stanley, HonArthur ( Ormskrik

Craig, Charles Curtis ( Antrim, S

Montagu, Hon. J. Scott ( Hants

Thompson, DrEC ( Monsgh'n, N

Elibank, Master of

Murray, Charles J. ( Coventry )

Foster, Philip S. ( Warwick, S. W

O'Connor, James ( Wicklow, W.

TELLERS FOR THE AYES

Griffith, Ellis J.

Pirie, Duncan V.

Mr. Dalziel and Major Jameson.

Hay, Hon. Claude George

Rigg, Richard

Leveson-Gower, Frederick N. S

Roberts, John Bryn ( Eifion )

NOES.

Agg-Gardner, James Tynte

Douglas, Rt. Hon. A. Akers

Lee, ArthurH. ( HantsFareham

Anson, Sir William Reynell

Duke, Henry Edward

Legge, Col. Hon. Heneage

Arkwright, John Stanhope

Durning-Lawrence, Sir Edwin

Loder, Gerald Walter Erskine

Arnold-Forster, Hugh O.

Elliot, Hn. A. Ralph Douglas

Long, Rt. Hn. Waloter ( Bristol, S.

Asher, Alexander

Farrell, James Patrick

Lowe, Francis William

Atkinson, Rt. Hon. John

Fellowes, Hon. Ailwyn Edward

Macdona, John Cumming

Bagot, Capt, Josceline FitzRoy

Fergusson, Rt. Hn. Sir J. ( Mac'r

M'Arthur, William ( Cornwall

Balfour, Rt. Hon. A. J. ( Manch'r

Field en, Edward Brocklehurst

Morrison, James Archibald

Balfour, Rt. Hn. G. W. ( Leeds

Finch, Rt. Hon. George H.

Morton, Arthur H. Aylmer

Banbury, Sir Frederick George

Finlay, Sir Robert Bannatyne

Moss, Samuel

Bigwood, James

Flanntery, Sir Fortescue

Mount, William Arthur

Blundell, Colonel Henry

Flower, Ernest

Murray, Rt. Hn. A. Graham ( Bute

Bolton, Thomas Dolling

Forster, Henry William

Nicolson, William Graham

Bond, Edward

Fyler, John Arthur

Nolan, Col. John P. ( GalwayN.

Bousfield, William Robert

Gardner, Ernest

O'Brien, Patrick ( Kilkenny )

Brigg, John

Godson, Sir Augustus Fredk.

O'Kelly, James ( Roscommon, N.

Brodrick, Rt. Hon. St. John

Gordon, J. ( Londonderry, S. )

Pease, Herbert Pike ( Darlingt'n

Bull, William James

Goulding, Edward Alfred

Percy, Earl

Burdett-Coutts, W.

Grant, Corrie

Platt-Higgins, Frederick

Butcher, John George

Greene, Henry D. ( Shrewsbury

Plummer, Walter R.

Caldwell, James

Greene, W. Raymond ( Cambs.

Pretyman, Ernest George

Campbell, J. H. M. ( Dublin Univ

Guest, Hon. Ivor Churchill

Pryce-Jones, Lt. Col. Edward

Carson, Rt. Hon. Sir Edw. H.

Haldane, Rt. Hon. Richard B.

Purvis, Robert

Cavendish, V. C. W, ( Derbyshire

Hamilton, RtHn. Lord G ( Midd

Randles, John S.

Chamberlain, Rt. Hn. J. ( Birm.

Hare, Thomas Leigh

Remnant, James Farquharson

Chamberlain, Rt. Hn. J. A ( Worc

Hayne, Rt. Hon. Charles Seale-

Renshaw, Sir Charles Bine

Chapman, Edward

Henderson, Arthur ( Durham )

Renwick, George

Clive, Captain Percy A.

Horner, Frederick William

Rickett, J. Compton

Cochrane, Hn. Thos H. A. E.

Horniman, Frederick John

Ritchie, Rt. Hn. Chas. Thomson

Cohen, Benjamin Louis

Hudson, George Bickersteth

Robertson, Herbert ( Hackney

Compton, Lord Alwyne

Jacoby, James Alfred

Roe, Sir Thomas

Corbett, A. Cameron ( Glasgow

Jones, William ( Carnarvonsh.

Rollit, Sir Albert Kaye

Corbett, T. L. ( Down, North.

Kemp, Lieut.-Col. George

Scott, Sir S. ( Marylebone, W.

Cremer, William Randal

Kenyon, Hon. Geo. T. ( Denbigh

Shackleton, David James

Crossley, Rt Hon. Sir Savile

Keswick, William

Shaw Stewart, M. H. ( Renfrew

Dalkeich, Earl of

Labouchere, Henry

Shipman, Dr. John G.

Davenport, William Bromley

Law, Andrew Bonar ( Glasgow )

Smith, James Parker ( Lanarks

Delany, William

Lawrence, Wm. F. ( Liverpool

Spear, John Ward

Dickson, Charles Scott

Lawson, John Grant ( Yorks. NR

Stanley, Lord ( Lancs. )

Disraeli, Coningsby Ralph

Lawson, Sir Wilfrid ( Cornwall

Sullivan, Donal

Talbot, Lord E. ( Chichester )

Warde, Colonel C. E.

Wyndham, Rt. Hon. George

Talbot, Rt. Hn. J. G ( Oxf'd Univ

Weir, James Galloway

Tomlinson, Sir Wm. E. M.

Welby, Sir Charles G, ( Notts

TELLERS FOR THE NOES

Toulmin, George

White, Luke ( York, E. R. )

Sir Alexander Acland - Hood and Mr. Anstruther.

Valentia, Viscount

Whiteley, H ( Ashton und Lyne

Walker, Col. William Hall

Wortley, Rt. Hon. C. B. Stuart

Walrond, Rt. Hn. Sir William H

Wylie, Alexander

Word 'twenty' inserted.

said he moved this Amendment to prevent injustice being done to a driver in the case, for instance, of his registered mark being obscured in a snowstorm.

Amendment proposed—

"In page 2, line 5, after the word 'way' to insert the word 'wilfully.'"— (Mr. Louis Sinclair. )

Question proposed, "That the word 'wilfully' be there inserted in the clause.'

opposed the Amendment, and insisted that it was the duty of the driver to keep the means of identification legible.

said that if the President of the Local Government Board wanted to deal fairly with everyone, as he said he would, he ought to accept this Amendment.

said he hoped the President of the Board of Trade would not give way on this point. He thought it would be extremely dangerous to tamper in any way with the identification clause. It seemed to him that the insertion of the word "wilfully" would relieve the motorist from the responsibility of keeping his number clean and legible Even if a motorist were driving along a muddy road, it should be his duty to stop and clear his number if it were rendered illegible.

said that a motorist should not be liable to a fine if the identification mark was obscured by causes beyond his control.

said the Committee ought to be very careful not to render a man liable to conviction unless he had committed an offence wilfully although perhaps wilfully was not a proper word.

said he was very anxious that nothing should be allowed to interfere with the number being distinguishable. At the same time, there was a possibility of grave injustice being done, aud therefore his hon. and learned friend would move certain words to meet such a case.

said he would suggest that the following words be added—

"Unless he proves that the mark had been obscured or rendered not easily distinguishable by unavoidable causes arising from natural conditions over which he had no control."

said he would ask leave to withdraw his Amendment. He hoped, however, that an Amendment would be inserted to cover the case of a lamp displaying the number being broken through no fault of the motorist.

Amendment, by leave withdrawn.

Amendment proposed—

"In page 2, line 8, to insert the words, 'unless he proves that the mark had been obscured or rendered not easily distinguishable by unavoidable causes arising from natural conditions over which he had no control."—( Sir Robert Finlay. )

Amendment agreed to.

Clause 2, as amended, agreed to.

The sitting was suspended.

On the return of the Chairman—

Clause 3.

* moved to insert, after the first word "licensed," the words "after an examination conducted by experts appointed by the Local Government Board." He said he had placed this Amendment on the Paper in order to meet the view generally expressed by the House, and more or less agreed to by the Government, that the licence should not be similar to a gun licence, but should be a certificate of proficiency. That being so, he thought it would be better that these certificates should be granted by the Local Government Board authorities rather than by each separate County Council.

Amendment proposed—

"In page 2, line 15, after the word 'licensed' to insert the words 'after an examination conducted by experts appointed by the Local Government Board.'"—( Mr. Scott Montagu. )

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

said it would be extremely difficult for the central Department to appoint experts to conduct examinations all over the country. Such a plan, even if it could be carried into effect, would be, he thought, very unsatisfactory.

* asked whether the Local Government Board would undertake to ensure that on the authority appointed by the County Council there should be a fair representation of automobilists, so that the matter would be dealt with by persons really familiar with the subject.

thought it would be extremely difficult for the Local Government Board to arrange the constitution of the County Councils all over the country.

said that this proposal raised a very difficult question, and it was doubtful whether the adoption of the Amendment would secure the object the Committee generally had in view—viz., that no person should have charge of a car unless he thoroughly understood its mechanism and was qualified to drive it. The Committee ought to have some idea of the kind of test that was to be applied. It would not be sufficient for an official or a member of the County Council to go for a ride, and then, because the driver brought him back without an accident, to grant a licence. The best drivers were generally the most dangerous men on the road, because they would take risks that less experienced drivers would avoid. He would prefer the Local Government Board to the officials of County Councils in this matter; they were less likely to be prejudiced.

suggested that the remarks of the hon. Member would be more applicable to an Amendment lower on the Paper standing in the name of the President of the Local Government Board.

regretted the absence of the President of the Local Government Board, as this was a very important Amendment, and the public were entitled to know whether, when a man produced a licence, it might be taken for granted that he was qualified to drive. The Amendment referred to by the Parliamentary Secretary would not at all meet the case. How was a man to learn to drive a car unless he was given a licence? If it was to be laid down that an applicant must satisfy the County Council as to his qualifications, a Court of experts would have to be established. What was to be the test? The Local Government Board ought not to shirk their responsibilities in this matter. He thought the Bill was better without this Amendment. The licence should be the same as a gun licence in the sense that it was not a certificate of proficiency. It was surely as dangerous to carry a gun as to drive a motor-car.

asked how a driver was to learn in order to get a licence. Another point was whether, if a man obtained a licence to drive a small car, that licence would entitle him to drive a larger car.

* said he was told by motorists that in the matter of driving there was as much difference between one kind of car and another as between a donkey and a four-in-hand. It was therefore a somewhat important point whether a man who obtained a licence for a simple car would be allowed to drive a more difficult one.

asked how, if a licence was not to be given until a test had been passed, a man was to qualify to pass that test.

instanced the case of a man who had learnt to drive a motor-bicycle round a yard. Would he be passed as qualified to drive a powerful car?

asked how was a beginner to learn to drive? Was a man not to be allowed to drive a motor-bicycle unless he had proved himself capable of driving a motor-car. There were many different kinds of cars, and although a man might be proficient in driving one sort of car, he might not be proficient in driving another sort of car. He suggested that it would be much better to discuss this point upon the Amendment which stood in his name. When they reached that Amendment he should be prepared to say what procedure he proposed, and his statement would cover the questions raised by several hon. Members upon this point.

Amendment, by leave, withdrawn.

did not think it was sufficient to have the vehicles numbered. He submitted that when a motor-car rushed past and an accident occurred they would not be able to get the number. If they could see the driver's face distinctly so as to be able to identify him afterwards that would be better than all the numbers with which they could mark a vehicle. If his Amendment were carried, no doubt some covering for the face would be devised which would not conceal the features.

Amendment proposed—

"In page 2, line 17, at end, to insert the words—'No person shall drive a motor-car on a public highway with his face so concealed as not to be reasonably identified.'"—( Mr. Lawrence. )

Question proposed "That those words be there inserted."

said many people went to the Derby with their faces so concealed that it was impossible to recognize them. But was the recognition of the countenance in the least likely to be a useful means of finding out who the car belonged to? The object of the Bill was not to secure identification of the individual, but to indentify the car itself, and having got that what did it matter about identification by the face.

appealed to his hon. friend to withdraw this ridiculous Amendment. If his hon. friend had had any experience of passing through the air, even on a bicycle, he would find that the current of air against the face frequently caused watering of the eyes and necessitated the wearing of goggles.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 2, line 22, after the word 'borough,' to insert the words 'or in the British Dominions beyond the seas or in any foreign country.'"—( Mr. Murray. )

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

said he thought a foreigner would be entitled to apply for a licence, but he would make inquiries, and if there was any doubt about it he would have words inserted on the Report stage to meet the case. He did not want to restrict the number of people obtaining licences, but, primâ facie a person ought to get his licence in the county in which he lived.

said that, under the statute, residence meant the occupation of any property with an intention to go from and return to it. It was not a question of domicile.

thought they ought to allow a Frenchman to come to this country and get a licence as soon as possible.

said that was already provided for. Provision was. I made in the preceding clause for reasonable facilities with regard to the taking out of car licences.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 2, line 23, to leave out the words 'one shilling,' and insert the words 'five shillings.'"—( Mr. Walter Long. )

Questien proposed—"That the words, one shilling' stand part of the clause."

* said that this was really in the nature of an annual tax. He suggested that motor-cyclists-should pay a reduced fee of 2s. 6d. or 1s. for a licence, inasmuch as motor-bicyclists were, as a rule, men of very moderate means.

said he could not give way on this point. There was a very great distinction between motor and ordinary bicycles. They cost much more, for one thing. He was informed that a motor-bicycle worth having could not be bought for much less than £40 or £50. [An HON. MEMBER: £28.] He did not think a charge of 5s. was excessive, especially as motor-cars made no separate contribution of their own towards the local cost of the roads.

pointed out that motorcycles had to pay an Inland Revenue tax of two guineas like other motors, and he suggested that if this fee of 5s. was put on, the right hon. Gentleman should use his influence to obtain the reduction of the tax to a more reasonable figure.

hoped his right hon. friend would not give way. This registration fee would go some way towards recouping County Councils for their expenditure under the Act.

* said that motor-cycles now paid taxes as motorcars and carriages, and paid more than a dog-cart. It was now proposed that they should pay 5s. in addition to the annual tax.

said it was perfectly true that the Inland Revenue charge on motor-cycles was higher than that on dog-carts, but he contended that the motor-cycle, in respect of the distance that could be covered, was equivalent at least to a dog-cart and two horses.

said that motorcycles were beginning to be used by artisans who purchased them on the hire system, and he thought it would be too much to add 5s. to the two guinea tax now paid, especially seeing that other vehicles used for trade purposes were not taxed at all.

said there was no grumbling about the proposal to charge 1s., but if in addition to the two guineas already paid there was a charge of 5s. there would be serious complaints.

said if they charged two guineas on motor-cycles they really precluded the artisan from using them. Surely the President of the Local Government Board did not put forward the argument seriously that a motor-cycle was equivalent to a dog cart and two horses. An artisan could not use a dog-cart to bring him to his work, but he could use a motor cycle. He appealed to his right hon. friend to reduce the charge from two guineas to 15s., which was as much as working men could afford to pay.

said the President of the Local Government Board gave away his own case by the illustration of the dogcart. A motor-cycle cost £40, but a dog-cart and two horses cost £150, and the expense of keeping them up would be three or four times as much.

Question put.

The Committee divided:——Ayes, 23; Noes, 89. (Division List No. 245.)

AYES.

Allhusen, Aug. Henry Eden

Healy, Timothy Michael

Pease, H. Pike ( Darlington )

Balfour, Kenneth R. ( Christch

Horniman, Frederick John

Rigg, Richard

Boscawen, Arthur Griffith

Jameson, Major J. Eustace

Roberts, John Bryn ( Eifion )

Craig, Chas. Curtis ( Antrim, S.

Lonsdale, John Brownlee

Seely, Chas. Hilton ( Lincoln )

Dalziel, James Henry

Lucas, Reg'ld J. ( Portsmouth )

Stanley, Hon. A. ( Ormiskirk )

Foster, P. S. ( Warwick, S. W.

MacVeagh, Jeremiah

Griffith, Ellis J.

Montagu, G. ( Huntinydon )

TELLERS FOR THE AYES

Harmsworth, R. Leicester

Montagu, Hon. J. Scott ( Hants.

Mr. Charles Murray and Mr. Louis Sinclair.

Hay, Hon. Claude George

O'Connor, Jas. ( Wicklow, W. )

NOES.

Agg-Gardner. James Tynte

Arnold-Forster, Hugh O.

Balfour, Rt. Hn. G. W. ( Leeds

Anson, Sir William Reynell

Asher, Alexander

Banhury, Sir Frederick George

Arkwxight, John Stanhope

Atkinson, Right Hon. John

Blundell, Colonel Henry

Brigg, John

Flower, Ernest

Purvis, Robert

Bull, William James

Forster, Henry William

Randles, John S.

Caldwell, James

Galloway, William Johnson

Remnant, James Farquharson

Campbell, J. HM. ( Dublin Univ.

Gardner, Ernest

Renshaw, Sir Charles Bine

Carson, Rt. Hon. Sir Edw. H

Godson, Sir Augustus Fredk.

Renwick, George

Cavendish, V. C. W. ( Derbysh. )

Gordon, J. ( Londonderry, S. )

Ritchie, Rt. Hn. C. Thomson

Chamberlain, Rt. Hon J. ( Birm

Goulding, Edward Alfred

Roe, Sir Thomas

Chamberlain, Rt. Hn. J. A. ( Worc

Grant, Corrie

Rollit, Sir Albert Kaye

Chapman, Edward

Hamilton, Rt Hn Ld, G. ( Midx

Samuel, Herbt. L. ( Cleveland )

Cochrane, Hon. T. H. A. E.

Henderson, Arthur ( Durham )

Shipman, Dr. John G.

Cohen, Benjamin Louis

Hudson, George Bickersteth

Smith, Hn. W. F. D. ( Strand )

Corbett, A. Cameron ( Glasg. )

Jacoby, James Alfred

Spear John Ward

Corbett, T. L. ( Down, North )

Jones, William ( Carnarvonshire

Stanley, Lord ( Lancs. )

Cremer, William Randal

Keswick, William

Talbot, Rt. Hn. J. G ( Oxford Univ.

Crossley, Sir Savile

Law, Andrew Bonar ( Glasgow

Thompson, DrEC ( Monagh'n, N

Davenport, William Bromley

Lawrence, Wm. F. ( Liverpool

Tomlinson, Sir Wm. E. M.

Delany, William

Lawson, John Grant ( Yorks, N. R.

Toulmin, George

Dickson, Charles Scott

Lawson, Sir Wilfrid ( Cornwall )

Valentia, Viscount

Disraeli, Coningsby Ralph

Legge, Col. Hon. Heneage

Walker, Col. William Hall

Douglas, Rt. Hon. A. Akers

Long, Rt. Hn. W. ( Bristol, S.

Warde, Colonel C. E.

Duke, Henry Edward

Morton, Arthur H. Aylmer

Weir, James Galloway

Durning-Lawrence Sir Edwin

Moss, Samuel

White, Luke ( York, E. R. )

Elliot, Hon. A. Ralph Douglas

Murray Rt. Hn. A. Graham ( Bute )

Wylie, Alexander

Fellowes, Hon. Ailwyn Ed.

O'Brien, P. J. ( Tipperary, N. )

Wyndham, Rt. Hon. George

Fergusson, Rt. Hn. Sir J. ( Manc'r

Percy, Earl

Finch, Rt. Hon. George H.

Platt-Higgins, Frederick

TELLERS FOR THE NOES

Finlay, Sir Robert Bannatyne

Pretyman, Ernest George

Sir Alexander Acland- Hood and Mr. Anstruther.

Flannery, Sir Fortescue

Pryce-Jones, Lt.-Col. Edward

Words inserted.

Amendment proposed—

"In page 2, line 23, to leave out the words 'one shilling' and insert the words 'five shillings.'"—( Mr. Walter Long. )

Amendment agreed to.

Amendment proposed—

"In page 2, line 23, after the last Amendment to insert the words 'and who (if he has not already held a licence) shows to the satisfaction of the Council that he is competent to drive a motor-car.'"—( Mr. Walter Long. )

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

* said he wished to suggest to the President of the Local Government Board that he should add a proviso which would read: "But, nevertheless, any person may drive a motor-car for the purpose of learning to drive, if accompanied by a properly certificated person." How otherwise was anyone to learn how to drive.

said he would add to the suggestion of the hon. Member for New Forest the words "on roads to be agreed upon by the Council."

said he also hoped that his hon. friend would not press his Amendment. The possession of a licence would be the guarantee of the competence of the driver. Hon. Members should remember that cars differed enormously; and that a man who could drive one class of car could not drive another. Yet under this clause any man would be able to get a certificate enabling him to drive any class of car. That was perfectly absurd; and the test proposed was not of the slightest advantage.

said he hoped the President of the Local Government Board would be able to accept an Amendment of the nature proposed.

said that his right hon. friend knew that there were officials of Scotland Yard whose duty it was to test the skill of every applicant for a licence to drive a cab or an omnibus. That being the case, he thought a similar condition should be inserted in connection with drivers of motor-cars. He quite recognised the difficulty which had been pointed out, that there was no proper training ground; but a novice could be trained not only on private ground but also on ground selected by a County Council for that purpose.

asked if the owner of a motor-bicycle who had also a motor-car would be required to take out two licenses.

said that where there were only fifty or a hundred motor-cars in a county, it would be unfair to require the County Council to appoint particular officials for the purpose of supervising them.

said he was quite prepared to leave the Amendment an open question to be accepted or rejected by the Committee, as they thought fit.

said that it was desirable that the Committee should understand what the Amendment meant. They were asking the County Councils to test the ability of drivers of motorcars. [Several HON. MEMBERS: Divide, Divide.]

* : I must ask the hon. Member either to continue or to discontinue his speech.

Question put.

The Committee divided:—Ayes, 51; Noes, 74. (Division List No. 246.)

AYES.

Anson, Sir William Reynell

Grant, Corrie

Platt-Higgins, Frederick

Balfour, Rt. Hn. GeraldW. ( Leeds

Griffith, Ellis J.

Rickett, J. Compton

Brigg, John

Hare, Thomas Leigh

Rigg, Richard

Burdett-Coutts, W.

Henderson, Arthur ( Durham )

Roberts, John Bryn ( Eifion )

Burke, E. Haviland

Horniman, Frederick John

Roe, Sir Thomas

Caldwell, James

Jacoby, James Alfred

Rollit, Sir Albert Kaye

Cochrane, Hon. Thos. H. A. E.

Jones William ( Carnarvonshire

Shipman, Dr. John G.

Compton, Lord Alwyne

Joyce, Michael

Spear, John Ward

Corbett, A. Cameron ( Glasgow )

Kemp, Lieut.-Colonel George

Talbot, Rt. Hn. J. G. ( Oxf d Univ

Corbett, T. L. ( Down, North )

Kilbride, Denis

Toulmin, George

Cremer, William Randal

Lawson, Sir Wilfrid ( Cornwall )

Warde, Colonel C. E.

Crossley, Sir Savile

Long, Rt. Hn. Walter ( Bristol, S.

Weir, James Galloway

Dickson, Charles Scott

MacVeagh, Jeremiah

White, Luke ( York, E. R. )

Elibank, Master of

M'Arthur, William ( Cornwall )

Fergusson, Rt. Hn. Sir J. (Man'r

Moss, Samuel

TELLERS FOR THE AYES

Fielden, Edward Brocklehurst

Murphy John

Sir Fortescue Flannery and Mr. Thomas Bayley.

Galloway, William Johnson

O'Brien, P. J. ( Tipperary, N. )

Gardner, Ernest

O'Connor, Jas. ( Wicklow, W. )

Gouldlng, Edward Alfred

Percy, Earl

NOES.

Acland-Hood, Capt. Sir A. F.

Forster, Henry William

Pretyman, Ernest George

Allhusen, Aug Henry Eden

Foster, PhilipS ( Warwick, S. W.

Pryce-Jones, Lt.-Col. Edward

Anstruther, H. T.

Godson, Sir Augustus Fredk.

Purvis, Robert

Arkwright, John Stanhope

Gordon, J. ( Londonderry, S. )

Randles, John S.

Arnold-Forster, Hugh O.

Hall, Edward Marshall

Remnant, James Farquharson.

Asher, Alexander

Harmsworth, R. Leicester

Renwick, George

Atkinson, Rt. Hon. John

Haslett, Sir James Horner

Ritchie, Rt. Hn. Chas. Thomson

Balfour, Kenneth R. ( Christch. )

Hay, Hon. Claude George

Samuel, Herbert L. ( Cleveland )

Blundell, Colonel Henry

Healy, Timothy Michael

Sandys, Lieut.-Col. Thos. Myles

Boscawen, Arthur Griffith

Hudson, George Bickersteth

Seely, Charles Hilton ( Lincoln

Bull, William James

Jameson, Major J. Eustace

Sharpe, William Edward T.

Cavendish, V. C. W. ( Derbyshire

Law, Andrew Bonar ( Glasgow )

Shaw-Stewart, M. H. ( Renfrew )

Chamberlain, Rt. Hn. J. ( Birm.

Lawrence, Wm. F. ( Liverpool

Sinclair, Louis ( Romford )

Chamberlain, Rt. Hn. J. A. ( Worc

Legge, Col. Hon. Heneage

Smith, Hn. W. F. D. ( Strand )

Chapman, Edward

Leveson-Gower, Fredk. N. S.

Stanley, Hn. Arthnr ( Ormskirk )

Craig, Charles Curtis ( Antrim, S

Loder, Gerald Walter Erskine

Stanley, Lord ( Lancs. )

Dalkeith, Earl of

Lonsdale, John Brownlee

Thompson, Dr. E. C. ( Monagh'n, N

Dalziel, James Henry

Lucas, Reg'ld J. ( Portsmouth )

Tomlinson, Sir Wm. E. M.

Davenport, William Bromley

Macdona, John Cumming

Valentia, Visconnt

Disraeli, Coningsby Ralph

Montagu, G. ( Huntingdon )

Walker, Col. William Hall

Duke, Henry Edward

Montagu, Hon. J. Scott ( Hants. )

Whiteley, H. ( Asston und Lyne )

Durning-Lawrence, Sir Edwin

Morton, Arthur H. Aylmer

Wylie, Alexander

Elliot, Hon. A. Ralph Douglas

Murray, Rt. Hn. A. Graham ( Bute

Fellowes, Hon. Ailwyn Ed.

Murray, Charles J. ( Coventry )

TELLERS FOR THE NOES

Finch, Rt. Hon. George H.

Nicholson, William Graham

Sir Frederick Banbury and Sir Charles Renshaw.

Flower, Ernest

Pease, H. Pike ( Darlington

Amendments proposed—

"In page 2, line 24, to leave out the word 'section,' and insert the word 'Act.'"—( Mr. Walter Long. )

"In page 2, line 29, to leave out from beginning, to end of line31."—( Mr. Walter Long. )

Amendments agreed to.

"In page 2, line 32, after the word 'produced,' to insert the words 'by any person driving a motor-car.'"—( Mr. Murray. )

Amendment agreed to.

thought that when a constable demanded to see a licence he should be in uniform, otherwise a motorist would not know whether he had authority or not. He was not afraid of men masquerading in uniform. He begged to move.

Amendment proposed—

"In page 2, line 33, after the word 'constable,' to insert the words 'in uniform.'"—( Major Jameson. )

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

said that this was precisely the same point as the Committee had discussed earlier in the evening. He hoped the decision then arrived at would be adhered to.

Question put, and negatived.

Amendment proposed—

"In page 2, line 33, after the word 'constable,' to insert the words 'or, in the event of the licence not being in the possession of the person at the moment of demand, he shall give the constable his name and address.'"—( Mr. Philip Foster. )

Question proposed "That those words be there inserted."

said he proposed to deal with the point by regulation.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 2, line 33, at end, to insert the words 'If any person fails so to produce his licence he shall be liable on summary conviction in respect of each offence to a fine not exceeding £5.'"—( Mr. Walter Long. )

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

* asked whether under this Amendment if a man were summoned for an offence in the North of England, and had his licence locked up in the South of England, he would be liable to a fine for not producing it?

said that if the licence was produced within a reasonable period it would be an answer to the charge. It would be on the same basis as a gun licence in that respect.

Amendment agreed to.

moved an Amendment providing that "any person who has been or shall be convicted of an offence of which drunkenness forms part shall be disqualified for obtaining a licence for a period of one year from the date of such conviction, and any licence which he held at the date of such conviction shall be cancelled by such conviction." He thought it necessary that some such provision should be inserted for the protection both of the public and of the owners of motorcars. Everybody interested in the industry would desire that the ranks of the drivers should be purged of men addicted to drink, and he hoped the right hon. Gentleman would be able to accept at any rate the principle of the Amendment.

Amendment proposed—

"In page 2, line 33, at end, to insert the words, 'Any person who has been or shall be convicted of an offence of which drunkenness forms part shall be disqualified for obtaining a licence for a period of one year from the date of conviction, and any licence which he held at the date of such conviction shall be cancelled by such conviction.'"—( Mr. Allhnsen. )

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

hoped his hon. friend would not press the Amendment. If a motor-car driver were guilty of an offence to which drunkenness contributed he would, of course, come under the first and subsequent sections of the Act. He would be rather hard on a man to prevent him driving altogether if he were found drunk on one occasion.

thought this the most objectionable Amendment he had ever heard of. The Habitual Drunkards Act was not in it with it. He hoped the right hon. Gentlemen would adhere to his decision.

thought there was a good deal to be said for the Amendment. They had heard a good deal about the dangers of motor-cars, but surely one of the chief was a drunken man being in charge.

thought the Amendment deserved to be treated much more seriously than the right hon. Gentleman had treated it. There was a very strong feeling in favour of it.

presumed that before a a licence was granted to a man inquiries would be made as to whether he was a proper person to hold one. Surely the proceeding would not be a mere matter of form. The matter might well be left to the discretion of the local authorities.

hoped the Amendment would be seriously considered. It was necessary to guard the public in this matter.

thought that if drunkenness was to disqualify a man from holding a licence, it should be drunkenness in connection with motor-car driving.

declared that nothing could be more dangerous than to have a man addicted to drink in charge of a motor-car, and a conviction for drunkenness ought surely to be a sufficient ground for not allowing him to have charge of one.

agreed with the position taken up by the right hon. Gentleman. An individual who might be bad personally might still prove a good motor-car driver, and they were now only dealing with him in his capacity as a motor-car driver. Let the right hon. Gentleman accept the Act on the suggestion of the hon. Member for Shipley, and say that a conviction for drunkenness, to disqualify a man from holding a licence, should be one under the Act, and not altogether outside his capacity as a motor-car driver.

* said that if the Bill dealt with horse driving he would gladly support the Amendment, and having regard to the delicate and dangerous nature of motor-car driving he thought it ought to be all the more carefully considered.

Question put

Committee divided:—Ayes, 56; Noes, 79. (Division List No. 247.)

AYES.

Balfour, Kenneth R. ( Christch.

Hayne, Rt. Hon. Charles Seale-

Randles, John S.

Bayley, Thomas ( Derbyshire )

Henderson, Arthur ( Durham )

Rickett, J. Compton

Boscawen, Arthur Griffith

Horniman, Frederick John

Rigg, Richard

Brigg, John

Jacoby, James Alfred

Roberts, John Bryn ( Eifion )

Caldwell, James

Jones, William ( Carnarvonsh.

Rollit, Sir Albert Kaye

Compton, Lord Alwyne

Kilbride, Denis

Samuel, Herbert L. ( Cleveland )

Corbett, A. Cameron ( Glasgow

Lawrence, Wm. P. ( Liverpool

Sandys, Lieut.-Col. Thos. Myles

Corbett, T. L. ( Down, North )

Lawson, Sir Wilfrid ( Cornwall )

Seely, Charles Hilton ( Lincoln )

Cremer, William Randal

Legge, Col. Hon. Heneage

Shipman, Dr. John G.

Doogan, P. C.

Leveson-Gower, FrederickN. S.

Sinclair, Louis ( Romford )

Duke, Henry Edward

Lonsdale, John Brownlee

Spear, John Ward

Elibank, Master of

MacVeagh, Jeremiah

Stanley, Hon. A. ( Ormskirk )

Farrell, James Patrick

Montagu, Hon. J. Scott ( Hants.

Thompson, DrEC (Monagh'n, N

Fyler, John Arthur

Moss, Samuel

Toulmin, George

Gordon, J. ( Londonderry, S. )

Murphy, John

Weir, James Galloway

Goulding, Edwaril Alfred

Murray, Charles J. ( Coventry )

White, Luke ( York, E. R. )

Grant, Corrie

O'Brien, P. J. ( Tipperary, N. )

Hall, Edward Marshall

O'Connor, Jas. ( Wicklow, W. )

TELLERS FOR THE AYES

Harmsworth, R. Leicester

Pearson, Sir Weetman D.

Mr. Allhusen and Mr. Burdett-Coutts.

Hay, Hon. Claude George

Pirie, Duncan V.

NOES.

Anson, Sir William Reynell

Atkinson, Right Hon. John

Blundell, Colonel Henry

Arkwripht, John Stanhope

Balfour, Rt. Hn. G. W. ( Leeds

Bond, Edward

Arnold-Forster, Hugh O.

Banbury, Sir Frederick George

Bull, William James

Asher, Alexander

Bigwood, James

Cavendish, V. C. W. ( Derbyshire

Chamberlain, Rt. Hon. J. ( Birm.

Godson, Sir Augustus Frederick

Redmond, William ( Clare )

Chamberlain, Rt. Hn. J. A. ( Worc

Hare, Thomas Leigh

Remnant, James Farquharson

Chapman, Edward

Healy, Timothy Michael

Renshaw, Sir Charles Bine

Cochrane, Hon. T. H. A. E.

Hudson, George Bickersteth

Renwick, George

Craig, Charles C. ( Antrim, S. )

Jameson, Major J. Eustace

Ritchie, Rt. Hon. Chas. Thomson

Crossley, Sir Savile

Kemp, Lieut.-Colonel George

Roe, Sir Thomas

Dalkeith, Earl of

Law, Andrew Bonar ( Glasgow )

Sharpe, William Edward T.

Dalziel, James Henry

Lawrence, Sir Joseph ( Monm'th

Shaw-Stewart, M. H. ( Renfrew )

Davenport, William Bromley

Lawson, J. Grant ( Yorks. N. R.

Smith, Hn. W. F. D. ( Strand )

Dickson, Charles Scott

Loder, Gerald Walter Erskine

Stanley, Lord ( Lancs. )

Disraeli, Coningsby Ralph

Long, Rt. Hn. W. ( Bristol, S.

Sturt, Hon. Humphry Napier

Douglas, Rt. Hon, A. Akers

Lucas, Reginald. J. ( Portsmouth

Sullivan, Donal

Elliot, Hon. A. Ralph Douglas

Macdona, John Cumming

Talbot, Rt. Hn. J. G. ( Oxf'd Univ.

Fellowes, Hon. Ailwyn Ed.

M'Arthur, William ( Cornwall

Tomlinson, Sir Wm. E. M.

Fergusson, Rt. Hn. Sir J. ( Manc'r

Montagu, G. ( Huntingdon )

Valentia, Viscount

Fielden, Edward Brocklehurst

Morton, Arthur H. Aylmer

Walker, Col. William Hall

Finch, Rt. Hon. George H.

Murray, Rt. Hn. A. Graham ( Bute

Warde, Colonel C. E.

Finlay, Sir Robert Bannatyne

Nicholson, William Graham

Whiteley, H. ( Ashton-u.-Lyne )

Flannery, Sir Fortescue

Pease, H. Pike ( Darlington )

Wylie, Alexander

Flower, Ernest

Percy, Earl

Forster, Henry William

Platt-Higgins, Frederick

TELLERS FOR THE NOES—

Foster, Philip S. ( Warwick, S. W

Pretyman, Ernest George

Sir Alexander Acland-

Galloway, William Johnson

Pryce-Jones, Lt.-Col. Edward

Hood and Mr. Anstruther.

Gardner, Ernest

Purvis, Robert

Amendment proposed—

"In pages 2 and 3, to make Sub-sections 4, 5, and 6 a separate clause, with the marginal note 'Suspension of licenses and dlsqualification.'"—( Mr. Walter Long. )

Amendment agreed to.

Amendment proposed—

"In page 3, line 30, at end, to add the words 'The council of a county or county borough may withhold for not exceeding two years from the commencement of this Act a licence to any person who has before the commencement of this Act been three or more times convicted of offences in respect of a motor-car.'"—( Mr. Brigg. )

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

thought this matter should more properly be left to the magistrates under the powers it was proposed to confer upon them.

Question put, and negatived.

* suggested that some limit should be put on the time for which a licence might be suspended or a person disqualified, and that a licence should be taken away only for reckless driving to the danger of the public. To take away the licence merely for infringing the speed limit would be grossly unfair; the fines were a sufficient penalty in that case. He begged to move.

Amendment proposed—

"In page 3, line 30, after Sub-section 6, to insert the following sub-section:—'A licence shall only be taken away or suspended or a person disqualified for obtaining a licence in consequence of a breach of Section 1 of this Act.'"—( Mr. Scott-Montagu. )

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

said that a man might drive beyond the limit under the orders of his master, and it would be very hard on him that he should lose his licence.

hoped the Committee would not accept the Amendment. They had created a series of offences under Clause 1, and they had laid it down that motor-cars were not to be driven above a certain speed under any circumstances. If a driver deliberately broke the law he ought to be subject to a substantial penalty.

* asked whether the right hon. Gentleman would meet him to this extent, that for the first and second offences the licence should not be taken away. It seemed very hard that for a first offence, perhaps for going twenty-one miles an hour, a man should lose his licence.

hoped the right hon. Gentleman would adhere to his decision. The Committee had just decided that they would not make drunkenness a ground for taking away a licence, but if a man was summoned for the comparatively small offence of exceeding the speed limit, and it was found that he was drunk, there ought surely to be power to take away his licence.

joined in the appeal that a licence should not be taken away for a first offence. It would meet the views of many Members on that side of the House if the right hon. Gentleman would limit the suspension of the licence to the second and subsequent offences.

pointed out that if a man was drunk while in charge of a motor-car he would come under Section 1. A man's means of livelihood ought not to to be taken away unless he had done something to the danger of the public, and in that case he would be dealt with under Section 1.

said that if the discretion of the authority were limited by the adoption of these words, drunkenness would not enter into the question of whether or not a man's licence should be taken away. A man might be blind drunk and driving a car at twenty miles an hour, but if there was nobody about he would not be putting any human being in danger, yet obviously such a man was not fit to hold a licence.

hoped the hon. Member's interpretation was not correct, and that if a person was found driving a motor-car at even three miles an hour while in a state of intoxication he would be held to be driving to the danger of the public. That being so, it would be very hard that a man, perhaps for a mere technical offence, perhaps for driving twenty-one miles an hour, should be fined up to £10, and have his licence suspended for an indefinite period. That was really carrying the penalty too far.

* said that on reconsideration he thought this Amendment ought to come up as an Amendment to the new clause, which would be composed of the old Sub-sections 4, 5 and 6.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 2, line 30, at end, to insert the words, 'Any person under the age of 16 years shall be disqualified from obtaining a licence, and any person who already holds a licence shall be disqualified from obtaining another licence while the licence so held by him remains in force.'"—( Mr. Walter Long. )

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

moved to amend the Amendment by substituting 17 for 16 as the age. He should be sorry to say anything disparaging about the age of 16, but he thought it would be wise to extend the age to 17, because motor-car driving demanded qualities which one could hardly expect to find in a lad of 16 years of age. He begged to move as an Amendment to the proposed Amendment, to leave out "16" in order to insert "17."

Amendment proposed to the proposed Amendment—

"In line 2, to leave out the word 'sixteen' and insert the word 'seventeen.'"—( Mr. Arthur Morton. )

Question proposed, "that the word 'sixteen' stand part of the proposed Amendment."

* said this provision would apply to motor-bicyclists, and such a restriction of age in that case might conceivably be a hardship.

said that point had not been fully considered. He would further consider it, and, if necessary, deal with it on Report.

* thought that 16 was a very fair age.

Question put, and negatived.

Original Question put, and agreed to.

Clause 3, as amended, agreed to.

Clause 4.

in moving the first Amendment, said that if a man forged a mark he should have a stronger punishment than was provided for under this Act, instead of being fined £10 only. He begged to move.

Amendment proposed—

"In page 3, line 31, to leave out the words 'forges or fraudulently.'"—( Mr. Louis Sinclair ).

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

said he hoped his hon. friend would not persevere in his Amendment. The forging dealt with in this case was not the ordinary case of forgery done with the intention of perpetrating a fraud.

Question put, and agreed to.

Amendment proposed—

"In page 3, line 32, after the word or' insert the words 'knowingly and.'"—( Mr. Scott-Montagu )

Question proposed, That those words be there inserted."

said he could not accept this Amendment.

Question put, and negatived.

Clause 4 agreed to.

Clause 5.

said it was possible for an accident to happen without the knowledge of the driver of a motor-car, and without him having seen anything of it. Unless some such words as he suggested were inserted he thought many difficulties would arise.

Amendment proposed—

"In page 3, line 36, after the word 'occurs,' to insert the words 'within his view or to his knowledge.'"—( Mr. Kenneth Balfour. )

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

could not accept this Amendment, but said he would be willing, when the Committee came to the latter part of the clause, to make it read "and if any person knowingly acts in contravention of this section he shall be liable, &c."

said he was willing to accept the right hon. Gentleman's suggestion.

* hoped no Amendment would be made of the nature suggested. If such an Amendment were agreed to, when a motor car came into collision and caused an accident of any kind, the defence would always be that the driver knew nothing about it, that he was not aware of it, and that he was not aware that he had committed any offence.

* said if a motorist going along the road passed a horse which became restive, and if he was careful not to look behind to see whether the horse went into the ditch, he would always be able to plead that it was not with his knowledge the accident occurred. Surely it would be better to leave this as it stood. If an accident did occur of which a motorist could not be expected to know, he would be able to prove his case in Court.

said if the driver of a motor-car did not stop, not knowing that an accident had occurred, he surely ought not to be deemed guilty of the offence of not stopping.

thought it ought not to be supposed that motorists were inclined to be perjurers, or that they were bigger liars than any other class.

said that under the clause as it stood the onus of proving that the motorist knew of the accident would be put on the prosecutor. He was anxious that the public should be protected, and he would suggest the insertion of the following words "unless he satisfies the Court that he did not see or know of the accident at the time it occurred." That would have the effect of putting on the motorist the onus of proving that he did not know.

said his impression was that it would be better to leave the clause as it stood. The circumstances of the accident would speak for themselves in most cases. He would consider his hon. friend's suggestion, but he hoped in the meantime that the Committee would not accept the Amendment.

Amendment, by leave, withdrawn.

* said there were cases in which unattended horses ran away on the slightest provocation, and he thought motorists ought to have some protection in respect of such animals. He begged to move—

Amendment proposed—

In page 3, lines 36 and 37, to leave out the words "owing to the presence of the motor-car on the road."—( Mr. Scott-Montagu. )

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

said he thought the drivers of motor-cars should be safeguarded from being penalised for something that occurred through no fault of their own.

said his hon. friend was under a misapprehension in moving this Amendment. If these words were not left in, the driver would be under obligation to stop, no matter what might be the nature of the accident If a boy fell off a fence and broke his arm, the driver would have to stop.

Question put, and agreed to.

moved to leave out "if required" and insert "shall." He thought in cases where accidents occurred the driver should be obliged to give his name and address.

Amendment proposed—

"In page 3, line 37, to leave out the words 'if required,' and insert the word 'shall.'"—( Mr. Brigg. )

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

said the obligation was thrown on the driver to give his name and address, and also that of the owner, if requested. He hoped the Amendment would not be pressed.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 3, line 38, after the word 'owner, to insert the words 'and the registration mark or number.'"—( Mr. Brigg. )

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

said that in the ordinary case the car must be stopped, and anyone could see the registration mark or number for himself. In these circumstances, the Amendment was unnecessary.

Question put, and negatived.

Amendment proposed—

"In page 3, line 39, after the word 'person,' to insert the word 'knowingly.'"—( Mr. Walter Long. )

Amendment agreed to.

moved an Amendment with the object of leaving it to the discretion of the magistrates to inflict imprisonment if they thought proper in cases of contravention of this clause.

Amendment proposed—

"In page 3, line 40, to leave out from the word 'be,' to end of clause, and insert the words 'guilty of an offence under this Act.'"—( Sir Frederick Banbury. )

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

hoped his hon. friend would not insist on this Amendment. After very careful consideration it was thought that the penalties stated in the clause would meet the necessities of the case. This particular clause was specially exempted from the provisions of Clause 9 in regard to penalties.

said if a man drove away, knowing that an accident had occurred, he ought to be punished. For the first offence he would be fined, but on a second conviction the magistrates should have power to send him to prison.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 3, line 41, to leave out the word 'ten,' and insert the word 'fifty.'"—( Mr. Brigg. )

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

said he thought it was hardly desirable to go on adding to these penalties. They had all been very carefully considered, and under Clause 1 they had created a series of offences and imposed very severe penalties, including imprisonment.

said that nothing could be more cowardly, or more mean than that, after an accident had occurred, a man, who had knowledge of the occurence, should take advantage of the speed of his motor to ride off in the endeavour to evade justice, and leave those who might be suffering as the result of his negligence unattended to. The newspapers proved that that was being done every day. If a man did this once or twice fine him by all means; but if he deliberately behaved in such a reprehensible manner a third time, then he deserved imprisonment, and at any rate it should be left to the option of the magistrate to send him to prison.

Amendment proposed—

"In page 3, line 42, at end, to add the words 'and, in respect of any subsequent offence, shall be subject to a term of imprisonment not exceeding one month.'"—( Mr. William Redmond. )

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

said that everyone would agree with the remarks of the hon. Member with regard to motorists who passed on when an accident happened, but he thought they should be very careful not to push the penalties too far in respect of a new offence which converted into a crime what was now only a breach of good feeling.

said this was exactly the class of case which most infuriated the people in the country against motor-cars. An accident occurred, and it was said that the trouble had arisen through the presence of the motor-car in the road, and the people in the car had gone off without rendering any assistance or disclosing their identity. They were not now imposing a tremendous penalty, they were simply proposing to leave it to the magistrate to say how a man who had, on three occasions by the presence of his motor-car in the road, caused an accident and shown himself to be so absolutely callous as to run away without leaving his name and address, should be dealt with. He had no claim to speak for gentlemen who owned motors, but he knew some who did, and he did not believe that there was a sensible man who would object to this provision being inserted. He hoped the Government would accept the Amendment.

* was understood to say that he rather agreed with what had just been said. He would not object to the proposal of imprisonment for repeated offences; nothing did so much harm to motoring as a man who drove away after an accident without disclosing his identity, but he hoped that when the penal clauses were reached his friendly attitude to this Amendment would be remembered.

said this Bill would apply to two countries and possibly would be made to apply to Ireland. He wished to know, supposing a motorist had been convicted of an offence in Scotland and had come down and been convicted of an offence in England and had gone over to Ireland, carrying the hump upon his back of these two convictions, and committed an offence there, could they produce those convictions which had taken place in two other countries against him? He would like the Attorney-General of England, out of the vast store of his learning, to explain to him the petty sessions law upon that subject.

said the case raised by the hon. Member was certainly new, but looking at it, not from the point of view of his learning but from the point of view of common sense, he should say that if a man had committed an offence in Scotland he had committed one offence, that if he then committed a similar offence in Northumberland he would have committed a second offence, and that if then he went to Ireland and committed a similar offence he would have committed a third.

suggested in view of what had fallen from the hon. and learned Gentleman, that it should be left to the discretion of the magistrate to impose a fine of £30 or inflict a month's imprisonment.

said that if the Committee was in favour of the Amendment, so far as the Government was concerned there would be no difficulty.

said this clause stated that in any case when an accident occurred, either to horses or people, the person driving a motor-car was to stop. In the case of a horse, which was standing unattended, running away down the road, was the motor-car to pursue and catch that horse or to stop?

said a horse running away was not in itself an accident, but if its running away caused an accident then the motor-car must stop.

asked whether the hon. and learned Gentleman could not make the clause more clear by stating that a motor-car must stop where an accident was caused by an unattended horse running away and not by the motor-car.

objected to the hon. and learned Gentleman accepting this Amendment. The hon. and learned Gentleman was utterly unable to answer the question which had been put to him, and therefore he (Major Jameson) should certainly divide the House against the Amendment.

* hoped it would not be necessary to divide the House on this Amendment. No motorist, however enthusiastic he might be, would suggest that a motorist should escape by a mere fine. He knew of a case where a motorist sent his driver to the clerk of the magistrates to offer him a cheque for £100 with instructions that when it had been all used in fines, if they would send round, they should have another cheque.

Question put, and agreed to.

said before the clause was passed he would like to ask the Government to give the Committee some information as to what the position would be under the clause in the case of a person driving a motor-car meeting unattended horses and carts. That seemed to be unconsidered, in a measure, when this clause was drafted. He hoped it might yet be possible to alter the clause in such a manner before the Report stage as to make it perfectly clear that a liability would not accrue if a man did not stop where a horse or cart was unattended on the road.

said he had had experience of his cars, when standing perfectly still, being charged by a horse and damage being done to the car in consequence.

agreed that the language of the clause was a little vague. It was a new clause which had been introduced in the other House and afterwards amended. It required reconstruction, and he would consider it before Report.

objected to this clause being hurried through in such a manner. It was admitted that its language was vague, and that being the case he opposed its passage and would move its omission. It was a perfect disgrace to civilisation that such a clause should be put into a Bill without anyone having the pluck to stand up and say that they disagreed with a motorist being penalised in this way.

Clause 5 agreed to.

Clause 6.

Amendment proposed—

"In page 4, line 10, after the word 'entry,' to insert the words 'and giving.'"—( Mr. Walter Long. )

Amendment agreed to.

said there were two strong objections to the lights now carried by motor cars. One was they were far too dazzling to people using narrow roads on a dark night, and the other was that in the opinion of many these lights were only carried to enable motor-cars to go at an excessive speed on dark and foggy nights. He hoped the right hon. Gentleman would put some check upon this matter. He begged to move.

Amendment proposed—

"In page 4, line 15, at end, to insert 'with respect to the size and power of the lights to be used on motor cars; and.'"—( Mr. Shaw-Stewart. )

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

said he hoped in the regulations he proposed to devise there would not only be some special regulations with regard to lights, but also with regard to other questions. He hoped to greatly lessen some of the discomforts now felt by users of the roads.

* said if they had the best light it was possible to devise, on a foggy night it was of no assistance to enable them to go at a high speed, because a strong lamp was no use in a fog.

expressed the opinion that it was absurd that the Committee should be asked to lay down how much light people should be allowed to carry on dark and foggy nights. It was most astonishing to him that anyone should suggest to motorists as to how far they were to see at nights, and how much light they should have for that purpose. He should certainly oppose the Amendment.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 4, line 19, after the second word 'licenses,' to insert the words 'and for providing special facilities for granting licenses to persons not resident in the United Kingdom.'"—( Mr. Walter Long. )

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

thought that this Amendment would have a most extraordinary effect. There was not a man on a County Council of Ireland who knew anything about a motor-car or who would know anything about issuing licences for motor-cars.

Question put, and agreed to.

Amendment proposed—

"In page 4, line 19, after the word 'licences,' to insert the words 'and for communicating particulars thereof to adjoining or other County or County Borough Councils.'"—( Mr. Brigg. )

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

* asked if this Amendment meant that minute information should be conveyed, for instance, from the County Council of Sussex to the County Council of Aberdeenshire.

explained that it was simply in order that one County Council could communicate with another if necessary.

Question put, and agreed to.

said this Amendment was to provide for two things—one was the change of ownership of the car, which would entail, of course, the necessity of re-registration, and the other was to provide for the issue of a signed copy of the licence where the original licence had been lost. That was a matter he had promised to provide for in an earlier stage of the Bill. It would now be necessary to put in words to make re-registration consequential at a nominal fee, but that could be better done on Report. He begged to move—

Amendment proposed—

"In page 4, line 24, at end of line, to insert the words 'and may if authorised by those regulations and in accordance therewith charge in respect of the entry of particulars of the ownership of a car on change of ownership such fee, not exceeding ten shillings, as may be prescribed by the regulations, and in respect of the issue of a new licence in the place of a licence lost or defaced, such fee not exceeding one shilling as may be prescribed by the regulations.'"—( Mr. Walter Long. )

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

* asked if in the case of a motor-bicycle changing hands the fee would be as high as 10s.

promised to consider the suggestion.

Question put, and agreed to.

Clause 6, as amended, agreed to.

Clause 7.

* thought it would be better to wait until they arrived at the stage when the clause was put as a whole, at present there were Amendments to be considered.

said the object of his Amendment was that boroughs over 10,000 inhabitants which were at present the authorities under the "Light Locomotive Act" should be the authorities under this Bill. As the clause stood at present even the City of London was not included in the clause. What he wished to do was to omit in the first sub-section, after the word "application" the words, "Of the Council of the County or County Boroughs" and in their place insert "the local authority."

Amendment proposed—

"In page 4, after the word 'application' to leave out the words, 'of the Council of the County or County Borough' and insert the words 'the local authority.'"—( Mr. Grant Lawson. )

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

said he was in favour of this Amendment, because in the case of Dublin it would shift the responsibility on to the shoulders of the corporation.

said that, as the Bill stood, the application to the Local Government Board to fix par- ticular places at which the speed should not exceed ten miles was quite against the principle of local goverment. It was felt very strongly that that matter should rest with the local authority because it was a purely local question, and they could be the only people with local knowledge. He welcomed any material improvement in the Bill, and therefore did not propose to move any Amendment now.

said he desired to point out that there might be a case of three County Councils acting together to make representations. This matter required very serious consideration, as a strong anti-mobilist feeling throughout the country might result in doing away altogether with the speed limit.

said the clause was limited to particular places, in respect of which it was thought desirable to make special regulations.

said that when they reached the application of the clause to Scotland, the Amendment would have a most serious effect with regard to the administration of the Act in that country.

asked was there no power in the central authority to co-ordinate the action of the various authorities?

Yes, we have a power of co-ordination.

Question put, and negatived.

Words inserted.

said it had now been decided that twenty miles an hour should be, the legal maximum, but the terrors of our country roads would be considerably increased if the driver were allowed to travel at that pace by night. Bright nights were few and far between, and some special provision was needed on dark nights for the public protection. It should be remembered that the driver would not be able to see a person holding up his hand to stop him, and he hoped that his Amendment would be accepted.

Amendment proposed—

"In page 4, line 30, after the word 'situate' to insert the words 'or at any time during which lights are required to be carried.'"—( Mr. Bill. )

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

hoped that the Amendment would not be pressed. He thought the hon. Member was more likely to secure the public safety by leaving the driver to drive at night, knowing that a very slight increase in speed would bring him within Section 1.

Amendment, by leave, withdrawn.

had on the Paper an Amendment to the clause in line 31, after "exceed" to insert "such speed as may be approved by the Local Government Board," but he said that after the explanations they had had from the right hon Gentleman in charge of the Bill he would not move it.

* moved that the limit of speed to be enforced by regulations under this section should be extended from ten miles an hour to twelve. In London a good hansom was often driven at twelve miles an hour, and it would be ridiculous to limit a motor-car to ten miles. They must look ahead a little bit.

Amendment proposed—

"In page 4, line 31, to leave out the word 'ten,' and insert the word 'twelve.'"—( Mr. Scott-Montagu. )

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

pointed out that in some places traffic was much congested by big works which were proceeding, and though the limitation might be imposed during congestion, it could be withdrawn when the works were completed.

reminded the Committee that tram-cars in the Metropolitan area were not limited to ten miles an hour.

thought it hard that in a clear street the motorcar should be limited to ten miles.

resisted the Amendment. Hon. Members apparently overlooked the fact that these regulations would have to be made by the local authorities which would have knowledge of the districts, and in many cases no doubt they would make no regulations. He would also like to point out that there were many gentlemen who thought that the limit should be as low as eight miles an hour. They might safely leave the matter to the local authorities. While his hon. friend asked that the limit should be increased, others would ask for it to be decreased, and he thought in the general interest it would be advisable to take ten as a compromise. As to tram-cars, they were not limited as far as he knew, and moreover, they ran on rails.

thought the fact that other vehicles were allowed to go at twelve miles an hour was a strong argument in favour of this limit being fixed at twelve.

urged the right hon. Gentleman to accept the suggestion of the hon. and learned Member for North Louth, that the cars "should not exceed the speed prescribed."

pointed out that in Ireland the electric trams were limited to eight miles an hour even outside the city.

suggested that the right hon. Gentleman should do as he did on Clause 1. Some Members favoured a limit of twelve miles, others preferred eight; let the right hon. Gentleman stick to ten as a compromise between the two.

was in favour of the matter being left to the Local Government Board. A very moderate rate of speed was sufficient in populous districts and urban areas, and a hard and fast limit was not desirable.

* said that if it was to be a question of ten miles or nothing obvious difficulties would arise. The London County Council would be placed in a very difficult position if they had to decide whether or not, in the parks under their control, the speed should be limited to ten miles an hour or not at all. Surely it would be possible to meet all parties by inserting words enabling the local authority and the Local Government Board, in conference, to fix such a limit between eight and twelve miles as might seem to them desirable.

thought that the Committee hardly realised what the proposal was. It was suggested that his Department should undertake a duty in regard to motor-cars similar to that discharged by the Board of Trade in regard to tramways. The cases were entirely different. It was an easy matter to lay down what the speed on a tramway should be, but to say what the speed of motor-cars should be in scores of places throughout the country was a duty the Local Government Board could not possibly undertake. Personally, he should vote for ten miles, which was the compromise, but the Committee could make their own decision between ten and twelve. He must ask them, however, not to adopt the suggestion that a general and open power should be left to the Local Government Board.

said that in many places the trams went at fifteen miles an hour, so that, if the motors were limited to ten, the trams would charge the motors, and not the motors the trams. He suggested the matter should be left to the local authority without any restriction whatever.

asked whether there would be power to fix varying rates, such as seven, eight, or ten.

* said that in order to take the opinion of the Committee he would move to substitute "twelve" for "ten."

Question put.

The Committee divided:—Ayes, 97; Noes, 26. (Division List No. 248.)

AYES.

Anson, Sir William Reynell

Dickson, Charles Scott

Lucas, Reginald J. ( Portsmouth

Arnold-Foster, Hugh O.

Disraeli, Coningsby Ralph

Macdona, John Cumming

Asher, Alexander

Doogan, P. C.

MacVeagh, Jeremiah

Atkinson, Rt. Hon. John

Douglas, Rt. Hon. A. Akers-

M'Arthur, William ( Cornwall )

Bagot Capt. Josceline FitzRoy

Duke, Henry Edward

Moss, Samuel

Balfour, Rt. Hn. A. J. ( Man'r

Elliot, Hon. A. Ralph Douglas

O'Brien, Patrick ( Kilkenny )

Balfour, Rt. Hn. Gerald W. ( Leeds

Fellowes, Hon. Ailwyn Edward

O'Brien, P. J. ( Tipperary, N. )

Banbury, Sir Frederick George

Fielden, Edward Brocklehurst

Percy, Earl

Blundell, Colonel Henry

Finch, Rt. Hon. George H.

Pierpoint, Robert

Bond, Edward

Finlay, Sir Robert Bannatyne

Platt-Higgins, Frederick

Brigg, John

Flower, Ernest

Pretyman, Ernest George

Brodrick, Rt. Hon. St. John

Forster, William Henry

Pryce-Jones, Lt.-Col. Edward

Bull, William James

Fyler, John Arthur

Purvis, Robert

Burdett-Coutts, W.

Galloway, William Johnson

Randles, John S.

Butcher, John George

Godson, Sir Augustus Frederick

Redmond, William ( Clare )

Caldwell, James

Gordon, J. ( Londonderry, S. )

Renshaw, Sir Charles Bine

Cavendish, V. C. W. ( Derbyshire

Griffith, Ellis J.

Rickett, J. Compton

Chamberlain, Rt. Hon. J. ( Birm.

Hare, Thomas Leigh

Rigg, Richard

Chamberlain, Rt. Hn. J. A ( Worc.

Horniman, Frederick John

Ritchie, Rt. Hn. Chas. Thomson

Chapman, Edward

Hudson, George Bickersteth

Roberts, John Bryn ( Eifron )

Cochrane, Hon. T. H. A. E.

Jones, Wm. ( Carnarvonshire )

Roe, Sir Thomas

Compton, Lord Alwyne

Kilbride, Denis

Rollit, Sir Albert Kaye

Corbett, A. Cameron ( Glasgow )

Law, Andrew Bonar ( Glasgow )

Sandys, Lieut-Col. Thos. Myles

Corbett, T. L. ( Down, North )

Lawrence, Sir Joseph ( Monm'th

Shaw-Stewart, M. H. ( Renfrew

Cremer, William Randal

Lawson, John Grant ( Yorks, N. R.

Shipman, Dr. John G.

Crossley, Rt. Hon. Sir Savile

Lawson, Sir Wilfrid ( Cornwall )

Smith, Hn. W. F. D. ( Strand )

Dalkeith, Earl of

Loder, Gerald Walter Erskine

Spear, John Ward

Davenport, William Bromley-

Long, Rt. Hn. Walter ( Bristol, S.

Stanley, Lord ( Lancs. )

Sullivan, Donal

Walker, Col. William Hall

Wyndham, Rt. Hon. George

Talbot, Lord E. ( Chichester )

Warde, Colonel C. E.

Talbot, Rt. Hn. J. G. ( Oxford Univ

Weir, James Galloway

TELLERS FOR THE AYES

Tomlinson, Sir Wm. Edw. M.

White, Luke ( York, E. R. )

Sir Alexander Acland- Hood and Mr. Anstruther

Toulmin, George

Whiteley, H. ( Ashton-u.-Lyne )

Valentia, Viscount

Wylie, Alexander

NOES.

Agg-Gardner, James Tynte

Hay, Hon. Claude George

Samuel, Herbert L. ( Cleveland )

Allhusen, AugustusH'nryEden

Healy, Timothy Michael

Seely, Charles Hilton ( Lincoln )

Arkwright, John Stanhope

Jameson, Major J. Eustace

Sinclair, Louis ( Romford )

Balfour, Kenneth R. ( Christen. )

Lee, Arthur H ( Hants., Fareham

Stanley, Hn. Arthur ( Ormskirk

Craig, Charles Curris ( Antrim, S

Legge, Col. Hon. Heneage

Sturt, Hon. Humphry Napier

Dalziel, James Henry

Leveson-Gower, Frederick N. S.

Thompson, Dr. E. C ( Monagh nN

Elibank, Master of

Lonsdale, John Brownlee

Foster, PhilipS. ( Warwick, S. W

Montagu, G. ( Huntingdon )

TELLERS FOR THE NOES

Greene, W. Raymond ( Cambs. )

Murray, Charles J. ( Coventry )

Mr. Scott-Montagu and Mr. Griffith-Boscawen.

Harms worth, R. Leicester

Pirie Duncan V.

said that after a sitting of twelve-and-a-half hours, during which there had been no obstruction but a careful discussion of the points in a difficult Bill, he did not think it was unreasonable now to ask for an adjournment of the debate. They had now arrived at a part of the measure which required serious consideration, and he asked the right hon. Gentleman to be content with what he had got up to the present. This was a very important Bill, and it was not right to hurry through the Committee stage a measure which was only placed before them during the present week. They had only been given a few days to prepare their Amendments and it was not right, at an hour when the country would not know through the Press what they were doing, to pass such important penalties as those contained in the next part of the measure. He could under stand the light hon. Gentleman's desire to pass this Bill, but hon. Members were not responsible for the management of the business of the House, and if the Government so managed affairs that they had not been able to find time for the consideration of this Bill at a reasonable hour it was not their fault. It was not fair to tire and exhaust the House by asking them to sit any longer, and he begged to move that Progress be now reported.

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

expressed the earnest hope that the hon. Member would not press his Motion. He agreed that it was very hard that they should be asked to proceed with matters of great importance at this late hour, but they had a certain amount of work to get through. They had now got through, the most contentious and difficult part of the measure, and he hoped the Committee would now agree to finish it.

said that if the Government were reasonable and did not insist upon such heavy penalties he thought they would get through with the Bill much quicker. The Government had given way in the case of the speed limit and he thought they might do the same with regard to the penalties.

said that, as the Committee apparently desired to finish the Bill, he would ask leave to withdraw his Motion.

Motion, by leave, withdrawn,

appealed to the right hon. Gentleman to accept the next Amendment, which he begged to move—

"In page 4, line 34, to leave out the word 'ten,' and insert the word 'five.'"—( Major Jameson. )

Question proposed "That the word 'ten' stand part of the clause."

said he hoped the hon. and gallant Member would not press this Amendment. Other hon. Members had set an example by refraining from moving similar Amendments.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 4, line 37, to leave out the words 'county or county borough,' and insert the words 'local authority within the area.'"—( Mr. Grant Lawson. )

Amendment agreed to.

Amendment proposed—

"In page 4, line 39, after the word 'public' to insert the words 'and conspicuous notice by day and lighted by night.'"—( Mr. Louis Sinclair. )

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

said that what he suggested was that the necessary notices should be given by posts, differently coloured, as in the case of railway signals.

thought that as a matter of justice the notices ought to be lighted at night with white or red lamps If coloured posts were placed at the roadside a stranger would not know at night where he ought to slow down.

Question put, and negatived.

Amendment proposed—

"In page 4, line 41, to leave out from the word 'regulation,' to end of line, and insert the words 'No prosecution shall be made in the event of an offence being committed whereby, in consequence of fog, or insufficient light, the owner shall have been prevented from conforming with this regulation.'"—( Mr. Louis Sinclair. )

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

hoped his hon. friend would not press this Amendment. If they were to provide for all sorts of unlikely conditions a much longer Bill would be required.

said it appeared to him the meaning of this Amendment was that every District Council in Connemara should erect posts with luminous white paint.

Question put, and agreed to.

said Subsection 3 Clause 7, ran as follows:—

"The Local Government Board may, without any application from the Council of the County or County Borough, after considering any objections by the Council of the County or County Borough, revoke or alter any regulation made by them under this section."

He thought motor-car owners ought also to have a locus standi and an appeal against injurious regulations which might be inflicted on them. He moved.

Amendment proposed—

"In page 5, line 2, after the word 'borough,' to insert the words 'or motor-car owner.'"—( Mr. Louis Sinclair. )

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

said objections might be raised by motorcar owners as well as by the Council of a County or a County Borough.

Question put and negatived.

Clause 7, as amended, agreed to.

Clause 8:

Amendment proposed—

"In page 5, line 6, at beginning, to insert the words 'Subject to regulation as to size and colours to be made by the Local Government Board.'"—( Sir Charles Renshaw. )

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

said there were few motor-cars in Ireland, and it would be absurd to impose on County Councils, everywhere, the expense of erecting danger boards. So far as England was concerned it should be enacted that Councils of Counties and County Boroughs "shall" erect danger boards, but the word should be "may" with regard to Ireland.

said his hon. friend's suggestion was that the Local Government Board should prescribe a general system with respect to size and colour. Whether they were used or not would depend on the recommendations of the Local Government Board.

Question put, and agreed to.

Amendment proposed—

"In page 5, line 6, after the word 'of' to insert the words 'boroughs and elsewhere than in boroughs of.'"—( Sir Albert Rollit. )

Amendment agreed to.

Amendment proposed —

"In page 5, line 6, to leave out the words 'and county boroughs.' "—( Sir Albert Rollit. )

Question, "That the words proposed to be left out stand part of the clause" put, and agreed to.

said he hoped that the right hon. Gentleman would accept his Amendment, which was intended to prevent very serious danger in narrow roads.

Amendment proposed—

"In page 5, line 6, after the word 'boroughs' to insert the words 'may prohibit motor-cars above any width which they consider necessary for safety from entering any narrow road within their areas, and may cause to be put up signposts to give notice to this effect, and.'"—( Mr. Wylie. )

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

agreed with the right hon. Gentlemen. No motorist would want to go up a narrow cross road.

thought that a clause was needed to provide against the danger mentioned, and promised to introduce one into the Bill.

Amendment, by leave, withdrawn.

Amendment proposed—

"In page 5, line 8, after the word 'places' to insert the words 'on main roads where the surface is being re-metalled before rolling, and.'"—( Mr. Scott-Montagu. )

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

* said that newly laid metal was very dangerous for all kinds of traffic. Most counties already had adopted such a system.

said he hoped that his hon. friend would not press his Amendment. It would put the local authorities to unnecessary expense.

Question put, and negatived.

Clause 8, as amended, agreed to.

Clause 9.

* said that he had a small drafting Amendment which he thought would make the section clearer.

Amendment proposed—

"In page 5, line 10, after the word 'under,' to insert the words 'Section 1 of this Act.'"—( Mr. Scott-Montagu. )

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

said that the Amendment was quite unnecessary.

Amendment, by leave, withdrawn.

* said that he wished to make a protest against the severity of the penal clauses.

Amendment proposed—

"In page 5, line 12, to leave out the word 'twenty,' and insert the word 'ten.'"—( Mr. Scott-Montagu. )

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

said that this question of penalties was an exceedingly difficult one and it was proposed to make certain changes in them. In the first place, it was intended to alter the term of six months' imprisonment to three, and in the second place, to give an appeal to any person convicted of an offence under the Bill, and fined £10.

* thanked the right hon. Gentleman for the concessions he had made, and he begged leave to withdraw his Amendment.

Amendment, by leave, withdrawn.

Several formal Amendments having been withdrawn,

Clause 9, as amended, agreed to.

Clause 10.

proposed to omit the clause. It had been intended to deal with the heavier motors, but he thought it would be the wisest plan to drop the clause, and to bring up words on Report to enable the Local Government Board to deal with the whole of the heavier motor traffic by regulation.

Amendment proposed—

"In page 5, to leave out Clause 10."—( Mr. Walter Long. )

Amendment agreed to.

Clause 11.

* asked what was to be the policy of the Inland Revenue authorities in the matter of charges on motor-cycles.

said he was in communication with the authorities at the present time, and hoped to be able to answer the Question on Report.

Clause 11 agreed to.

Clauses 12 and 13 agreed to.

Clause 14.

Motorcars used during manoœuvres will undoubtedly have to conform to the law.

asked why it was necessary in a Motor-Car Bill to insert a provision that it should apply to servants of the Crown.

said it was done in consequence of a decision given in the Courts a fortnight ago.

* asked if the police would be subject to the provisions of the Bill. If they were, how could they pursue cars which were exceeding the speed limit.

again protested against the insertion of this provision. He held that the point was covered by the ordinary law of the land, and that it would be most dangerous to attempt to deal with it especially in this Bill.

said the result of the recent decision was such that motor legislation would not apply to persons in the service of the Crown—for instance, to persons in the employ of the Postmaster-General driving motor-cars. Tested by that decision the Volunteers using motor-cars during manœeuvres would not be subject to the provision.

certainly thought the provision should be left in the Bill, as the Postmaster-General was using motor-cars more and more every day. It would be no earthly consolation to a person knocked down by a motorcar that it was driven by a servant of the Crown. He for one objected to being killed by motorists—whether M. P.'s or servants of the Crown.

thought it would be most absurd to make a constable liable for breaking the speed limit when he was chasing an offender under the Act.

repeated his protest that it was most dangerous and unconstitutional to insert such a provision. Simply to meet the curse of motorcycling they were inserting in the law of England a constitutional proposition, the like of which had never been heard of since the days of the Stuarts and the Tudors.

held that the hon. and learned Gentleman much exaggerated the importance of the clause. He could not see that it raised any constitutional question at all. A servant of the Crown certainly ought not to be exempt from regulations laid down by law for the safety of the public. He suggested that the matter could be met by deleting the clause. The hon. Member opposite was quite right in saying that it was absolutely necessary to declare that a criminal statute should apply to the Crown.

said he did not care in what legal form the words were put into the Act, but something should be done, as the Bill at present stood. At the present time a decision had been given by which men were exempted from the penalties to which they had rendered themselves liable by an offence under the Motor Act, on the ground that they were officers of the Crown. If that decision was to stand, Ministers of the Crown would be able to defy the law with impunity. Not very long ago he saw a decision in the case of a motor-car which had been driven at a frightful speed by officers in uniform, where the drivers of the car were exempted from penalties, and he had heard comments made upon the fact that men in uniform should be allowed to set such a bad example. When it came to this, that officers of the Crown were to be exempted, something ought to be done to prevent them being exempted in the future.

suggested they should add after the word "Crown" that the penalties already in the Act should bind such persons. Let the Government then amend the clause in Report if they liked, but the clause should state what ought to be the law, and what he conceived was already the law.

said he could not accede to the hon. Gentleman's suggestion, but he would consider the matter and see what could be done.

* said perhaps he might be allowed to move his Amendment here.

Amendment proposed—

"In page 5, line 37, after the word 'Crown,' to insert the words 'and to the police.'"—( Mr. Scott-Montagu. )

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

said he hoped the Committee would not accept this Amendment. It meant that officers of State could ride off if they liked and be exempt from penalties.

Question put, and negatived.

Clause 14 agreed to.

Clause 15 agreed to.

Clause 16.

Several drafting Amendments proposed by the Lord Advocate (Mr. A. GRAHAM MURRAY, Buteshire), were agreed to.

Amendment proposed—

"In page 6, line 29, at end, to insert the words 'Such appeal shall lie to the sheriff depute and shall be heard summarily. Such appeal may be taken either immediately after the judgment appealed against has been pronounced, or within seven days thereafter, and upon such appeal being taken the sentence of imprisonment shall be suspended until the appeal has been disposed of; provided that the appellant shall, at the time of taking such appeal, lodge in the hands of the clerk of Court a bond with sufficient cautioner or otherwise give security satisfactory to the Court for appearing before the sheriff depute. The sheriff depute is hereby authorised and empowered on such appeal to hear evidence whether led at the original hearing or not, and to reconsider the merits of the case and reverse or confirm in whole or in part the judgment appealed against, or give such new or different judgment as he in his discretion shall think fit; and save as provided by the Summary Prosecutions Appeals (Scotland) Act, 1875, his judgment shall be final and not subject to review. (6) An appeal taken in terms of this Act by a person holding a licence against an order for suspension or disqualification shall be taken and disposed of as nearly as may be in the manner and subject to the conditions provided by the immediately preceding sub-section.'"—( The Lord Advocate. )

Amendment agreed to.

in the absence of the hon. Member for Forfar, begged leave to move the Amendment standing in the name of the hon. Member.

Amendment proposed—

"In page 6, line 29, at end, to insert the words '(6) Section ninety-four of The Local Government (Scotland) Act, 1889 (which relates to the recovery and application of penalties under that Act) shall apply to the recovery and application of penalties in respect of offences under this Act, and the principal Act, and in respect of breaches of any by-law or regulation made under either of said Acts.'"—( The Master of Elibank. )

* said the first part of the Amendment he would see put right, but the other part he could not agree to

Amendment, by leave, withdrawn.

said he thought his Amendment was next on the Paper. His object in putting it down was to raise the question of the right of individuals to sue.

* said as the Bill stood they did not prosecute except through the procurator fiscal.

Clause 16, as amended, agreed to.

Clause 17.

said he wished to move an Amendment to insert at the end of Clause 17 the words "The Criminal Evidence Act of 1898, except sections five and seven, shall for the purposes of this Act be deemed to be in force." Its object was to allow all those people who were to be penalised in this extraordinary way, to give evidence on their own behalf on oath. He felt certain the hon. and learned Attorney-General would accept this Amendment. He begged to move—

Amendment proposed—

"In page 6, at the end of Clause 17, to add the words 'The Criminal Evidence Act of 1898 except Sections five and seven shall for the purposes of this Act be deemed to be in force.'"—( Major Jameson. )

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

said in special cases the defendant had always a right to give evidence.

With respect, assured the hon. and learned Gentleman that that was not so.

said in ordinary cases of summary jurisdiction the defendant could give evidence.

said he could assure the hon. and learned Gentleman that was not so. Let him take the recent case that occurred in Sackville Street, Dublin. In this case the magistrate refused to hear the evidence of Sir Samuel Smart. Unless there was a special clause inserted a prisoner would not be allowed to give evidence in his own defence. He suggested that as under the law in England a man was able to give evidence on his own behalf, it could not be wrong to allow him to do so in Ireland.

withdrew his Amendment.

Amendment, by leave, withdrawn.

Clause 17 agreed to.

Clause 18.

said he would formally move the Amendment standing in the name of the hon. Member for Leicester, which he presumed would be accepted by the right hon. Gentleman.

Amendment proposed—

"In page 7, line 3, after the word 'car' to insert the words 'and a motor-cycle and its trailer shall for the purposes of this Act be treated as one vehicle."'—( The Master of Elibank. )

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

said this was the point to which he had referredas being-likely to affect the Inland Revenue Department. He could not, therefore, accept the Amendment without consulting that Department.

* asked was it not the fact that a motor-cycle with a trailer, under the present regulations, could only go five or six miles an hour.

said he understood the object of the mover of the Amendment, but this proposal would go a great deal further and deal with the Inland Revenue question. He could not possibly accept the Amendment at this point, but he would undertake to give the matter full consideration.

said it was just as bad to be knocked down by a tramcar as by a motor-car. It was an extraordinary thing that tram companies who made money out of the public should be allowed to go at a more rapid rate than the motor-cars. The same rule ought to be applied all round, and if it was in order he would move accordingly.

* said that such an Amendment would be beyond the scope of the Bill, which dealt only with motorcars.

said that an electric tramcar was essentially a motorcar, and the tram-driver was called the "motor-man."

* pointed out that several private Acts had recently been passed, enabling motor-omnibuses or trams to run without rails on the roads. These were, to all intents and purposes, motor-cars.

* said the Acts referred to were private Acts. This Bill was to amend the Locomotives on Highways Act, which did not include tramways.

Amendment, by leave, withdrawn.

* moved to insert "March 1st" for "Jannary 1st," as the date of the commencement of the operation of the Act. He pointed out that it was a very complicated measure, and by the time it had been printed and circulated amongst the County Councils there would be barely three months in which the necessary arrangements for the administration of the Act would have to be made. He thought it was only reasonable that six months should be allowed.

Amendment proposed—

"In page 7, line 8, to leave oat the word 'January' and to insert the word 'March.'"[ Mr. Scott-Montagu. )

Question proposed "That the word 'January' stand part of the clause."

said he had no particular feeling in the matter himself, but he had been pressed to take exactly the opposite course to that proposed by the hon. Member, and to bring the Act into force earlier than January next. He did not think there would be any practical difficulty in bringing it into operation in January, and he should advise the Committee to adhere to the date proposed in the Bill.

Question put, and agreed to.

Clause 18 agreed to.

on behalf of the hon. Member for Inverness, moved a new clause standing on the Paper which he understood the right hon. Gentleman was prepared to accept.

Clause (Power to local authority to regulate use of roads).

"In the case of a public road or part of a public road which is of a less width than twenty feet, the Council of any County or County Borough may with the consent of the Local Government Board make such regulations in regard to the use of such road or part of a road by motor-cars as they may consider desirable; and the Council of any County or County Borough may with such consent schedule certain roads as unsuitable for motor traffic, and may issue regulations prohibiting motor traffic on such roads."—( Mr. Luke White. )

Brought up, and read the first time.

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

said he had not agreed to accept this. What he had said was that he would consider words to be brought up on Report dealing with so much of the question as he thought ought to be dealt with.

Question put, and negatived.

* on behalf of the hon. member for Southport, moved a new clause—"Mode of Summons." He said it was simply to prevent persons frivolously taking out summonses.

Clause (Mode of summons).

"No summons shall be issued against any person for an offence under this Act except upon an information in writing signed by the complainant and countersigned by the clerk to the justices, and no summons shall be issued by a justice or justices except during the sessions of the petty sessional Court."—( Mr. Scott-Montagu. )

Brought up, and read the first time.

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

did not think the clause would give any such security as the hon. Member desired. There was no reason why these cases should be dealt with other than in the ordinary way.

said that if the clause were adopted it would ensure that there was some sort of a case for a summons.

thought that if there was no legal objection to the clause it would be advisable to insert it.

said there was a strong legal objection to providing a special procedure for these cases.

said it could hardly be held that these cases were not exceptional; the whole Bill was exceptional.

said that something ought to be done in the direction suggested, otherwise motorists would have people calling at their houses and threatening to take out summonses unless they were given money.

said that it was only reasonable that a man should bring his grievance into open Court, and bring it within a reasonable time. He was surprised that the Government would not accept this Amendment.

Question put—

"The Committee divided: Ayes, 19; Noes 89." (Division List No. 249.)

AYES.

Allhusen, Augustus H'nry Eden

Jones, Wm. ( Carnarvonshire )

Stanley, Hon. A. ( Ormskirk )

Balfour, Kenneth R. ( Christch. )

Lonsdale, John Brownlee

Sturt, Hon. Humphry Napier

Dalziel, James Henry

Montagu, G. ( Huntingdon )

Thompson, Dr. E. C. ( Monagh'n, N

Elibank, Master of

Murray, Charles J. ( Coventry )

Greene, Raymond- ( Cambs. )

Pirie, Duncan V.

TELLERS FOR THE AYES.

Harmsworth, R. Leicester

Riekett, J. Compton

Mr. Scott-Montagu and Mr. Charles Seely.

Hay, Hon. Claude George

Sandys, Lieut.-Col. Thos. Myles

Jameson, Major J. Eustace

Sinclair, Louis ( Romford )

NOES.

Agg-Gardner, James Tynte

Fellowes, Hn. Ailwyn Edward

Pretyman, Ernest George

Anson, Sir William Reynell

Fielden, Edward Brocklehurst

Pryce-Jones, Lt.-Col. Edw.

Arkwright, John Stanhope

Finch, Rt. Hon. George H.

Purvis, Robert

Arnold-Forster, Hugh O.

Finlay, Sir Robert Bannatyne

Randles, John S.

Asher, Alexander

Flower, Ernest

Redmond, William ( Clare )

Atkinson, Right Hon. John

Forster Henry William

Renshaw, Sir Charles Bine

Balfour, Rt. Hn. A. J. ( Man'r

Fyler, John Arthur

Rigg, Richard

Balfour, Rt. Hn. G. W. ( Leeds

Galloway, William Johnson

Ritchie, Rt. Hon. C. Thomson

Blundell, Colonel Henry

Godson, Sir Augustus Fredk.

Roberts, John Bryn ( Eifion )

Bond, Edward

Gordon, J. ( Londonderry, S. )

Roe, Sir Thomas

Brodrick, Rt. Hon. St John

Griffith, Ellis J.

Samuel, Herbert ( Cleveland )

Bull, William James

Hare, Thomas Leigh

Shipman, Dr. John G.

Burdett-Coutts, W.

Healy, Timothy Michael

Smith, Hon. W. F. D. ( Strand

Caldwell, James

Horniman, Frederick John

Spear, John Ward

Cavendish, V. C. W. ( Derbysh.

Kilbride, Denis

Stanley, Lord ( Lancashire )

Chamberlain, Rt. Hn. J. A. ( Worc

Law, Andrew Bonar ( Glasgow

Talbot, Lord E. ( Chichester )

Chapman, Edward

Lawrence, Sir Jos. ( Monm'th )

Talbot, Rt. Hn. J. G. ( Oxj'd Univ.

Cochrane, Hon. T. H. A. E.

Lawson, John Grant ( Yorks, N. R.

Tomlinson, Sir Wm. Edw. M.

Compton, Lord Alwyne

Lawson, Sir Wilfrid ( Cornwall )

Valentia, Viscount

Corbett, A. Cameron ( Glasg. )

Legge, Col. Hon. Heneage

Walker, Col. William Hall

Corbett, T. L. ( Down, North )

Leveson-Gower, Fredk. N. S.

Warde, Colonel C. E.

Craig, Charles Curtis ( Antrim, S.

Loder, Gerald Walter Erskine

Weir, James Galloway

Crossley, Sir Savile

Long, Rt. Hn. W. ( Bristol, S.

White, Luke ( York, E. R. )

Dalkeith, Earl of

Lucas, Reginald J. ( Portsmouth

Whiteley, H. ( Ashton-u.-Lyne )

Davenport, William Bromley

Macdona, John Cumming

Wylie, Alexander

Dickson, Charles Scott

M'Arthur, William ( Cornwall

Wyndham, Rt. Hon. George

Disraeli, Coningsby Ralph

Moss, Samuel

Doogan, P. C.

Murray, Rt-Hn. A. Graham ( Bute

TELLERS FOR THE NOES

Douglas, Rt. Hon. A. Akers

O'Brien, Patrick ( Kilkenny )

Sir Alexander Acland- Hoodand Mr. Austruther.

Duke, Henry Edward

Percy, Earl

Elliot, Hon. A. Ralph Douglas

Platt-Higgins, Frederick

Clause (Duration):—

"This Act shall continue in force till the thirty-first day of December, nineteen hundred and six, and no longer, unless Parliament shall otherwise determine."—( Mr. Murray. )

Brought up, and read the first time.

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

Question put, and agreed to.

Clause (Exemptions):—

"A medical man driving a motor-car or cycle for the purpose of attending a patient who is in urgent need of his assistance shall not be liable to any penalties for exceeding the limit of speed provided under this Act."—( Mr. Scott-Montagu. )

Brought up, and read the first time.

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

said he hoped his hon. friend would not press this clause. The average medical man using his own ear would be in his own district and would be the last person the authorities would think of proceeding against.

* said he founded this proposal upon several cases where doctors had been called upon to attend urgent cases, and were summoned and actually fined for driving too fast. He thought that was a very hard case. He had received letters from a number of doctors upon this point.

Question put, and negatived.

said he had a new clause to propose as follows: "That nothing in this Act shall apply to the present Prime Minister." (Laughter.)

Bill reported, as amended, to be considered upon Monday next, and to be printed. [Bill 317.]

Railways (Electrical Power) Bill

Read a third time, and passed.

South African Loan and War Contribution Bill

Read the third time, and passed.

Navy and Army Expenditure, 1901–2

Resolutions reported.

Whereas it appears by the Navy Appropriation Account for the year ended the 31st day of March, 1902, and the statement appended thereto, as follows, viz.:—( a. ) That the gross expenditure for certain Navy Services exceeded the estimate of such expenditure by a total sum of £205,224 2s. 6d., as shown in column No. 1 of the Schedule hereto appended; while the gross expenditure for other Navy Services fell short of the estimate of such expenditure by a total sum of £220,819 4s. 1d., as shown in Column No. 2 of the said appended Schedule, so that the gross actual expenditure for the whole of the Navy expenditure by the net sum of £15,595 1s. 7d.; ( b. ) That the receipts in aid of certain Grants for Navy Services fell short of the total estimated receipts by the sum of £89,584 0s. 11d., as shown in column No. 3 of the said appended Schedule, while the receipts in aid of other Navy Services exceeded Services fell short of the gross estimated the estimate of such receipts by a total sum of £168,173 16s. 8d., as shown in Column No. 4 of the said appended Schedule, so that the total actual receipts in aid of the Grants for Navy Services exceeded the total estimated receipts by the net sum of £78,589 15s. 9d.; ( c. ) That the resulting differences between the Exchequer Grants for Navy Services and the net expenditure are as follows' viz.:—

£

s.

d.

Total Surpluses

275,779

5

11

Total Deficits

181,594

8

7

Net Surplus

£94,184

17

4

And whereas the Lords Commissioners of His Majesty's Treasury have temporarily authorised the application, in reduction of the net charge on Exchequer Grants for certain Navy Services, of the whole of the sums received in excess of the estimated Appropriations-in-Aid, in respect of the same services; and have also temporarily authorised the application of so much of the said total surpluses on certain Grants for Navy Services as is necessary to cover the said total deficits on other Grants for Navy Services.

1. Resolved, That the application of such sums he sanctioned.

SCHEDULE.

Number of Vote.

Navy Services, 1901–1902. Votes.

Gross Expenditure.

Appropriations-in-Aid.

Excesses of Actual over Estimated Gross Expenditure.

Surpluses of Estimated over Actual Gross Expenditure.

Deficiencies of actual as compared with Estimated Receipts.

Surpluses of Actual as compared with Estimated Receipts.

1.

2.

3.

4.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1

Wages, &c. of Officers, Seamen, and Boys, Coast Guard, and Royal Marines

39,328

19

8

6,168

16

10

2

Victualling and Clothing for the Navy

3,749

7

0

13,753

19

1

3

Medical Establishments and Services

11,570

2

0

503

10

2

4

Martial Law

921

10

3

38

4

6

5

Educational Services

5,831

15

5

2

14

8

6

Scientific Services

742

5

10

3,247

1

5

7

Royal Naval Reserve

45,773

16

10

82

14

4

8

Shipbuilding, Repairs, Maintenance, &c.

Sec. 1

Personnel

18,822

18

5

886

3

1

Sec. 2

Materiel

86,826

19

8

70,164

7

1

Sec. 3

Contract Work

77,974

15

9

36,800

10

11

9

Naval Armaments

24,989

10

0

57,440

0

0

10

Works, Buildings, and Repairs at Home and Abroad

38,324

12

9

22,052

7

3

11

Miscellaneous Effective Services

35,940

0

9

44,329

6

10

12

Admiralty Office

4,975

6

7

5

9

9

13

Half-Pay, Reserved and Retired Pay

16,354

11

4

824

12

0

14

Naval and Marine Pensions, Gratuities, and Compassion ate Allowances

6,314

19

7

1,445

12

9

15

Civil Pensions and Gratuities

3,704

13

11

12

6

11

Amount written off as irrecoverable

3,897

0

10

205,224

2

6

220,819

4

1

89,584

0

11

168,173

16

8

Net Surplus,

£15,595

1

7

Net Surplus,

£78,589

15

9

Surplus surrendered to the Exchequer

£94,184

17

4

Whereas it appears by the Army Appropriation Account for the year ended the 31st day of March, 1902, and the statement appended thereto, as follows, viz.:—( a. ) That the gross expenditure for certain Army Services exceeded the estimate of such expenditure by a total sum of £4,796,909 14s. 11d., as shown in Column No. 1 of the Schedule hereto appended; while the gross expenditure for other Army Services fell short of the estimate of such expenditure by a total sum of £2,923,978 7s. 2d., as shown in Column No. 2 of the said appended Schedule; so that the gross actual expenditure for the whole of the Army Services exceeded the gross estimated expenditure by the net sum of £1,872,931 7s. 9d.; ( b. ) That the receipts in aid of certain Army Services fell short of the estimate of such receipts by a total sum of £235,231 13s. 6d., as shown in Column No. 3 of the said appended Schedule; while the receipts in aid of other Army Services exceeded the estimate of such receipts by a total sum of £2,362,289 3s. 8d., as-shown in Column No. 4 of the said appended Schedule; so that the total actual receipts in aid of the grants for Army Services exceeded the total estimated receipts by the net sum of £2,127,057 10s. 2d.; ( c. ) That the resulting differences between the Exchequer Grants for Army Services and the net expenditure are as follows, viz.:—

£

s.

d.

Total Surpluses

3,773,058

9

4

Total Deficits

3,518,932

6

11

Net Surplus

£254,126

2

5

And whereas by a Vote of Parliament during the present Session (House of Commons Paper, No. 255, of 1903) a further sum of £100 has been granted for the expenditure of the year 1901–2

SCHEDULE.

Number of Vote.

Army Services, 1901–1902. Votes.

Gross Expenditure.

Appropriations-in-Aid.

Excesses of Actual over Estimated Gross Expenditure.

Surpluses of Estimated over Actual Gross Expenditure.

Deficiencies of actual as compared with Estimated Receipts.

Surpluses of Actual as compared with Estimated Receipts.

1.

2.

3.

4.

£

s.

d.

£

s.

d.

£

s.

d.

£

s.

d.

1

Pay, &c, of Army (General Staff, Regiments, Reserve, and Departments)

689,068

5

6

227,385

3

1

2

Medical Establishments: Pay, &c.

99,267

3

7

2,770

9

3

3

Militia - Pay, Bounty, &c.

1,066,248

1

8

7,802

5

5

4

Yeomanry Cavalry: Pay and Allowances

141,624

16

8

0

6

6

5

Volunteer Corps: Pay and Allowances

24,276

14

2

1,275

12

7

6

Transport and Remounts

2,285,301

19

3

168,046

2

7

7

Provisions, Forage, and other Supplies

1,506,875

16

0

1,168,151

11

0

8

Clothing Establishments, and Services

160,802

17

3

79,147

18

4

9

Warlike and other Stores: Supply and Repair

1,110,777

16

11

378,456

18

6

10

Works, Buildings, and Repairs: Cost, including Staff for Engineer Services

41,394

3

9

33,895

11

6

11

Establishments for Military Education

6,188

4

0

3,514

16

11

12

Miscellaneous Effective Services

54,448

5

8

425,727

14

9

13

War Office: Salaries and Miscellaneous Charges

24,676

10

0

315

16

4

14

Non-effective Charges for Officers, &c.

414,059

16

6

23,207

5

8

15

Non-effective Charges for Men, &c.

81,166

9

4

77,778

19

9

16

Superannuation, Compensation, & Compassionate Allowances

1,565

3

1

44

5

0

Balances irrecoverable

13,145

18

9

4,796,909

14

11

2,923,978

7

2

235,231

13

6

2,362,280

3

8

Add Excess Vote

100

0

0

4,796,909

14

11

2,924,078

7

2

235,231

13

6

2,362,289

3

8

Net Deficit,

£1,872,831

7

9

Net Surplus,

£2,127,057

10

2

Net Surplus

£254,226

2

5

Resolutions agreed to.

Military Works Bill

Read a third time, and passed.

Public Buildings Expenses Bill

Read a second time, and committed for Monday next.

Supply [3rd August, Evening Sitting]

Resolutions reported.

and the appropriation of additiona, receipts in aid of such expenditure has been sanctioned to the amount of £1,872,831 7s. 9d.

And whereas the Lords Commissioners of His Majesty's Treasury have temporarily authorised the application of so much of the said total surpluses on certain Grants for Army Services as is necessary to cover the said total deficits on other Grants for Army Services.

2. Resolved, That the application of such sums be sanctioned.

Army Estimates, 1903–4

1. "That the sum, not exceeding £530,000 be granted to His Majesty, to defray the charge for the pay, etc., of the medical establishment, and for Medicines, etc., which will come in course of payment, during the year ending on the 31st day of March, 1904."

2. "That the sum, not exceeding £1,838,000 be granted to His Majesty, to defray the charge for transport and remounts, which will come in course of payment during the year ending on the 31st day of March, 1904."

3. That a sum, not exceeding £1,822,000, be granted to His Majesty, to defray the charge for clothing establishments and services, which will come in course of payment during the year ending on the 31st day of March, 1904."

Civil Services and Revenue Departments (Supplementary) Estimates, 1903–4

Class VII

4. "That a sum, not exceeding £8,000, be granted to His Majesty, to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1904, for a grant in aid of the expenses incurred in connection with the visit of the President of the French Republic in England in July, 1903,"

5. "That a sum, not execding £123,334, be granted to His Majesty, to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1904, for the Ireland Development Grant (Grant-in-Aid).

Army (Excesses), 1901–2

6. "That a sum, not exceeding £100, be granted to His Majesty, to make good excesses of Army expenditure beyond the grants, for the year ending on the 31st day of March 1902."

Resolutions read a second time.

First two Resolutions agreed to.

Third Resolution postponed.

Subsequent Resolutions agreed to.

Postponed Resolution to be considered upon Monday next.

Public Works Loans Bill

Read the third time, and passed.

Board of Agriculture and Fisheries Bill [Lords]

Consideted in Committee, and reported, without Amendment; to be read the third time upon Monday next.

Isle of Man (Customs) Bill

Considered in Committee, and reported, without Amendment; to be read the third time upon Monday next.

Sheep Scab Bill

As amended (by the Standing Committee), considered; to be read the third time upon Monday next.

Burgh Police (Scotland) Bill

As amended (by the Standing Committee), considered; Bill read the third time and passed.

Town Councils (Scotland) Bill

As amended (by the Standing Committee), considered; Bill read the third time, and passed.

Marriages Legalisation Bill

As amended, considered; Bill read the third time, and passed.

Greenwich Hospital

Resolved, That the Statement of the estimated expenditure of Greenwich Hospital and of Travers' Foundation for the year 1903–4 be approved.—( Mr. Pretyman. )

Adjournment

Resolved, That this House, at the rising of the House this day, do adjourn till Monday next.—( Sir A. Acland-Hood. )

Whereupon, in pursuance of the Order of the House of the 28th day of July, MR. SPEAKER adjourned the House without Question put.

Adjourned at ten minutes before Three o'clock a.m. till Monday next.