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Commons Chamber

Volume 137: debated on Wednesday 6 July 1904

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House Of Commons

Wednesday, 6th July, 1904.

The House met at Two of the Clock.

Unopposed Private Bill Business

Barrow-in-Furness Corporation Bill [Lords]. As amended, considered; Amendments made; Bill to be read the third time.

Barry Railway (Steam Vessels) Bill [Lords]; Oakengates and Dawley Joint Water Board Bill [Lords]. Read a second time, and committed.

Milwr and District Mines Drainage Bill [Lords] (by Order). Consideration, as amended, deferred till Tuesday next.

Airdrie Corporation Gas Order Confirmation Bill [Lords]; Wishaw Corporation Order Confirmation Bill [Lords]. Considered, to be read the third time upon Friday.

Arbroath Corporation Water Order Confirmation Bill; Dunfermline District Water Order Confirmation Bill. Read a second time; to be considered upon Friday.

Railway Bills (Group 9)

Sir EDWARD STRACHEY reported from the Committee on Group 9 of Railway Bills; That, for the convenience of parties, the Committee had adjourned till Tuesday, 19th July, at half-past Eleven of the clock.

Report to lie upon the Table.

Petitions

Licensing Bill

Petitions against; from Andover; Arnold; Arreton (two); Ashington; Awsworth; Ayr (two); Barnsley; Barrugh; Batley; Beccles; Blackburn; Blyth; Bolton (two): Broughton; Bucks-burn; Bungay; Carlton; Chester le Street; Choppington (two); Clanville; Coedpoeth; Croydon; Cudworth; Cymmaes; Darfield; Deansgate; Dodworth; East Kirkby; Edge Hill; Egremont (three); Esholt; Gawber; Glamorgan (three); Glasgow; Gorseinon; Great Houghton; Grimesthorpe; Guisboro'; Hartlepool; Hemsworth; Hetton le Hole; High Wycombe; Hirst; Hove; Hurst-bourne Priors; Keighley; Kensington; Leyland; Llwynhendy; Low Green; Lower Chute; Malton; Middlewich; Moor Row (three); Morpeth; Milton Green; New Basford; Newchurch; New Lenton; North Walsham; Nottingham (two); Osmaston; Overton; Portmadoc; Preston; Rhyl; Royston; St. Andrews; St. Meryn; Saltney; Seghill; Shafton; Sheffield; Shoreditch; South Hindley; Sowerby; Staincross; Stockport (two); Stone; Sunderland (two); Thruxton; Tranmere; Tregonna; Tulse Hill; Warrington; Weston Point; Wherwell; Whitchurch; Whittington; Wigton; Willington on Tyne; and Worthing; to lie upon the Table.

Licensing Bill

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

Sea Fisheries Bill Lords

Petition from Lowestoft, against; to lie upon the Table.

Shop Hours Bill

Petition of the Scottish Trade Protection Society, against; to lie upon the Table.

Valuation Bill

Petitions for alteration; from Cannock; and Howden; to lie upon the Table.

Returns, Reports, Etc

Board Of Education

Copy presented, of Regulations for the Instruction and Training of Pupil Teachers from 1st August, 1904, to 31st July, 1905 [by Command]; to lie upon the Table.

Government Laboratory

Copy presented, of Report of the Principal Chemist upon the work of the Government Laboratory for the year ended 31st March, 1904, with Appendices [by Command]; to lie upon the Table.

Superannuation

Copy presented, of Treasury Minute, dated 30th June, 1904, declaring that for the due and efficient discharge of the duties of the office of Director of Barrack Construction, War Office, professional or other peculiar qualifications not ordinarily to be acquired in the Public Service are required [by Act]; to lie upon the Table.

Trade Reports

Copy presented, of Index to Reports of His Majesty's Diplomatic and Consular Representatives Abroad on Trade and Subjects of General Interest (with Appendix), 1903 [by Command]; to lie upon the Table.

Trade With Persia

Copy presented, of Report on the Condition and Prospects of British Trade in Persia, by H. W. Maclean, Special Commissioner of the Commercial Intelligence Committee of the Board of Trade [by Command]; to lie upon the Table.

Trade Reports (Annual Series)

Copies presented, of Diplomatic and Consular Reports, Annual Series, Nos. 3202 to 3206 [by Command]; to lie upon the Table.

Fishery Board (Scotland)

Copy presented, of Twenty-second Annual Report of the Fishery Board for Scotland, being for the year 1903. Part III. Scientific Investigations [by Command]; to lie upon the Table.

Diplomatic Reports (Coal)

Return ordered, "of Extracts relating to Coal from the Reports received up to the present date from His Majesty's Diplomatic and Consular Officers Abroad for 1903."—( Mr. Fenwick.)

Iron And Steel, 1903

Copy ordered, "of Memorandum and Statistical Tables showing the produc-

Cause of accident.Total number of accidents to persons or property.Number of accidents to property.Number of accidents to persons.Total number of persons injured in accidents shown in column 4.Nature of accidents to persons enumerated in column 4.
No. Slight.No. Serious.No. Fatal.
1.2.3.4.5.6.7.8.
Motor cars1,6241,2814625104247313
Motor cycles19394120130108184
Horses445147332337280498
Horse-drawn vehicles22,11316,2837,3277,5846,552842190
Totals24,37517,8058,2418,5617,364982215

tion and consumption of Iron Ore and Pig Iron, and the production of Steel in the United Kingdom and the principal Foreign Countries in recent years, and the Imports and Exports of certain classes of Iron and Steel Manufactures (in continuation of Parliamentary Paper, No. 240, of Session 1903)."—( Mr. Gerald Balfour.)

Questions And Answers Circulated With The Votes

Accidents Caused By Motor-Cars, Horses, And Horse-Drawn Vehicles

To ask the Secretary of State for the Home Department whether he can now give the number of accidents caused by motor-cars and by horses and horse-drawn vehicles in the year ended 31st May last. (Answered by Mr. Secretary Akers-Douglas.) The figures for the Metropolitan Police District are given in the table below. It is to be noted that in the absence of information as to the total numbers of horses or of the various kinds of vehicles in use, there is no basis for a comparison between the figures. It is not practicable to give similar figures for the rest of the country outside the Metropolitan Police District. Total number of accidents known to the police to have been due to the under-mentioned causes within the Metropolitan Police District during the year ended the 31st May, 1904.

Hyde Park Corner—Slippery Wood Pavement

To ask the hon. Member for Chorley, as representing the First Commissioner of Works, whether he will give directions that gravel or sand be placed upon the slippery wood pavement extending from the gateway of Constitution Hill across to the entrance of Hyde Park; and whether he is aware that up till 10 a.m. no such protection is given for drivers or riders crossing the wood pavement. (Answered by Lord Balcarres.) The Westminster City Council are responsible for this road, and it would rest with them to provide gravel or sand as suggested.

Disposal Of Bronze Lions From British Museum

To ask the hon. Member for Chorley, as representing the First Commissioner of Works, if he will state what has become of a number of bronze lions which were along the line of railings in front of the British Museum, and which were removed to widen the footway. (Answered by Lord Balcarres.) Twelve lions were removed to St. Paul's Cathedral with the concurrence of the Trustees of the British Museum; the remainder are at the Museum, in charge of the Trustees.

Disposal Of Colonnade From Burlington House

To ask the hon. Member for Chorley, as representing the First Commissioner of Works, if he will state what has become of the handsome stone colonnade (classical pillars, monoliths) formerly in front of Burlington House, Piccadilly, and removed by the Department of Works, and say why it is not re-erected in one of the Parks or elsewhere. (Answered by Lord Balcarres.) The colonnade is lying in Battersea Park; the question of re-erecting it is now under the consideration of the First Commissioner.

Outdoor Medical Belief In The Metropolis

To ask the President of the Local Government Board whether he will take steps to have a report made by the inspector now investigating the arrangements for outdoor medical relief in the Metropolis on the number of unions, if any, in which medical relief is granted on loan in the first instance, and on the practice of requiring applicants for medical relief to attend before the Board or a committee, with a statement of how long such practice has been in force and its effects on the number of applications. (Answered by Mr. Waller Long.) I will take steps to give effect to this suggestion as far as may be practicable.

Adulteration Of Food—Recommendations Of Royal Commission

To ask the President of the Local Government Board whether, in pursuance of their powers, the Board propose to take action on the lines recommended by the Royal Commission on Arsenical Poisoning in Part VIIIA. of their Report, by the appointment of a special expert officer, or otherwise, for securing better control over the purity of chemically prepared, preserved, or other foods liable to contain deleterious substances; and whether progress has been made in giving effect to the further recommendation of the Royal Commission, that the principle of officially prescribed food standards already enforced in the case of certain articles of diet should be applied to other foods and beverages. (Answered by Mr. Walter Long.) I have not at present decided to appoint a special expert officer of the kind referred to. The consideration of the recommendations of the Royal Commission is being proceeded with, and in connection with it the proposal with regard to the appointment of such an officer will receive attention. Effect, however, could not be given to the recommendations as to food standards without legislation.

Report Of Boiler Committee

To ask the Secretary to the Admiralty when the Final Report of the Boiler Committee will be in the hands of Members; and whether he can give the House any statement as to the coal consumption in the case of Belleville boilers as compared with that in the case of Babcock boilers or Yarrow boilers. (Answered by Mr. Pretyman.) The Pinal Report of the Boiler Committee was received on the 2nd instant, and is now under consideration. It is hoped that it will shortly be in the hands of Members. The coal used per H.P. per hour on the trials conducted by the Boiler Committee was as follows:—

Babcock and Wilcox1·8 lbs. to 2·1 lbs.
Belleville1·8 lbs. to 2·1 lbs.
Yarrow large tube1·9 lbs. to 2·2 lbs.

By-Laws Under The Employment Of Children Act

To ask the Secretary for Scotland how many sets of by-laws under the Employment of Children Act, 1903, have been sent to him for confirmation; what local authorities have sent these by-laws, and in how many, and what, cases the sanction of his Department has been given. (Answered by Mr. A. Graham Murray.) Proposed by-laws have been received from the town councils of Ayr and Glasgow, the county council of Dumfries, and the school boards of Greenock, Ayr, Glasgow, Stirling, Paisley, Perth, Annan, Govan Parish, Gourock, Leith, Peebles, Crieff, Blantyre Parish, Ardrossan. The proposed by-laws have been or are being locally advertised, and are now under consideration in connection with objections submitted in the respective cases. No by-laws have as yet been sanctioned.

New Scheme For Whitstable Charities

To ask the hon. Member for Tonbridge, as Parliamentary Charity Commissioner, whether, before sanctioning and sealing the new scheme for the Whitstable Charities, he will so amend it that the endowment originally provided for the payment of teachers' salaries shall continue to be paid to the local education authority as provided by Section 13 of The Education Act, 1902. (Answered by Mr. Griffith Boscawen.) The Commissioners do not understand that any payment has been made to the local education authority from this Charity; and whether any such payment ought under any circumstances to be made is a matter not for the Commissioners, but for the Board of Education. In the circumstances the Commissioners have nothing to add to their Answer of 1st July.†

Mr J Robinson's Farm At Ballinacross

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether any application has been made to the Estates Commissioners to purchase the farm of Ballinacross from Mr. John Robinson, Sub-Sheriff of county Longford, who is willing to sell same for the benefit of the representatives of the evicted tenants, and with a view to their restoration thereto. (Answered by Mr. Wyndham.) No application has been made to the Commissioners for the sale of this farm.

Sale Of The O'brien Estate

To ask the Chief Secretary to the Lord-Lieutenant of Ireland to state the present position of the negotiations for the sale of the O'Brien Estate at Corglass and Cornakelly; and whether, in view of the delay in completing this sale, the Estates Commissioners will apply to Judge Ross for a request to issue under the 7th Section of the Act of 1903. (Answered by Mr. Wyndham.) I am informed by the registrar of the Land Judge's Court that the notice in Form 10 prescribed by the rules of 10th January, 1902, is about to be served. The solicitor having carriage of the sale is also acting for the tenants, and this would seem to afford a guarantee that no unnecessary delay will take place in bringing about a sale. The case will not be lost sight of by the Land Judge.

Promotion Of Sergeant Ryan—Royal Irish Constabulary

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that

†See page 317.
Sergeant Ryan, of the Royal Irish Constabulary, in Belfast, was some time ago found in an ill-conducted house; if so, will he state whether his conduct on this occasion was reported to his superior officer and what punishment, if any, was inflicted; and will he explain on what grounds has Ryan been promoted to the rank of head constable. (Answered by Mr. Wyndham.) The incident referred to in the first part of the Question occurred in January, 1896. Sergeant Ryan did not deny that he had entered the house, but stated he had done so with the object of endeavouring to trace stolen property. He was reported to be an excellent officer, and as there was no evidence to show that he entered the house for any purpose other than that stated by him, the Inspector-General considered that the necessities of the case would be sufficiently met by a caution against entering such a house in future. In July, 1900, he was permitted, on the recommendation of his officers, to compete for promotion to the rank of head constable. He was successful, and was promoted in October, 1900.

Belfast Police—Alleged Preference Given To Roman Catholics

To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can state why all the appointments made at Henry Street Police Barracks, Belfast, during the year 1902, and carrying with them extra pay, were given to Roman Catholics; and can he state the number of men stationed at this barrack, how many are Roman Catholics and how many are Protestants, including the district inspector who is in charge. (Answered by Mr. Wyndham.) Two such appointments were made in the year 1902. Both men are Roman Catholics, but the appointments were not determined by considerations of religion. In one case the extra pay amounts to a shilling weekly, and the recipient lost a night-watch allowance of similar amount. There are fifty-two men at Henry Street Barrack, twenty-eight are Roman Catholics, and twenty-four Protestants. The district inspector is a Roman Catholic.

Decorations At Roundstone—Action Of Police

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that flags and banners were some time ago hung out of all the public-houses in Roundstone, county Galway; that the Reverend Father Glee-son sent a written complaint to Sir Antony M'Donnell against Sergeant Ryan an I Constable Laidley for explaining to certain publicans that it was illegal to hang flags from their licensed premises; and that the sergeant was severely reprimanded and the constable transferred because of performing this duty; and, if so, will he say whether an opportunity was given to Ryan and Laidley to refute the charges contained in Father Gleeson's letter; if not, will he lay a copy of the letter upon the Table. (Answered by Mr. Wyndham.) The replies to the first two queries are in the affirmative. On inquiry it transpired that only one publican was informed that a display of flags was illegal. The occasion on which these emblems were displayed was the eve of the visit to Roundstone of the newly-appointed Archbishop of Tuam, the first visit after his appointment. The flags exhibited were not Party emblems of the character contemplated by the statute 6 and 7 Will. 4, cap. 38, sec. 9, and as it appeared that the constable had acted without reference to the district inspector or head constable, the Inspector-General considered that his interference was improper, and he so informed him. The sergeant was exonerated from blame. Constable Laidley's transfer had no connection with this incident. The Inspector-General considered he had shown distinct sectarian feeling while stationed at Roundstone, and the county inspector was of opinion that, in the interests of the public service, it was necessary to transfer him to another station. Explanations were furnished by both the sergeant and constable in respect of the matters alleged against them by the Reverend Mr. Gleeson.

Cost Of Conveying Militia Artillery From The North To Portsmouth

To ask the Secretary of State for War whether he can state approximately the estimated cost of conveyance to and from Portsmouth of the Militia Artillery Corps from Lancashire, Durham, Northumberland, and various parts of Scotland for the purpose of mobilisation under the existing arrangements. (Answered by Mr. Secretary Arnold-Forster.) The estimated cost is as follows:—

£
Northumberland Royal Garrison Artillery (Militia)1,150
Lancashire Royal Garrison Artillery (Militia)400
The Duke of Edinburgh's Royal Garrison Artillery (Militia)1,650
Fife Royal Garrison Artillery (Militia)1,000
Forfar and Kincardine Royal Garrison Artillery (Militia)1,250
Durham Royal Garrison Artillery (Militia)1,150
The South-East of Scotland Royal Garrison Artillery (Militia)1,000
£7,600

North Of England Militia Artillery Training

To ask the Secretary of State for War whether the Militia Artillery Corps, forming part of the war garrison of Portsmouth but belonging to Lancashire, Durham, Northumberland, and various parts of Scotland, have at their own local headquarters the means of training at guns and artillery appliances exactly corresponding to those they have to serve when mobilised at Portsmouth. (Answered by Mr. Secretary Arnold-Forster.) Units of Militia Garrison Artillery are trained every third year at least at the fortresses to which they are allotted for mobilisation, and during other years at a work of defence armed with a modern armament. The cost of providing at the local headquarters appliances exactly corresponding to those the corps have to serve in a modern fortress, such as Portsmouth, would be prohibitive.

Attendance Of A Deputy Judge-Advocate At Courts-Martial In India

To ask the Secretary of State for War whether any regulation has been recently adopted as to dispensing with or otherwise altering the attendance at Courts-Martial in India of a Deputy Judge-Advocate, and on what grounds, and whether such change was approved by the Government before it was made; and, if so, whether the presence of an independent official possessing special legal knowledge is no longer considered requisite to safeguard the interests of accused soldiers at Courts-Martial. (Answered by Mr. Secretary Brodrick.) No report on the subject has been received from the Government of India. I will make inquiries.

Medal For Naval Service Against Fenians In 1868

To ask the Secretary of State for the Colonies why the services of those who were detailed for naval service in Canada against the Fenians in 1868 have not been recognised by the reward of a medal. (Answered by Mr. Secretary Lyttelton.) Medals were granted to those who were engaged in repelling the Fenian raids of 1866 and 1870, and in the Red River Expedition of 1870, but it was not considered desirable to grant the medal to men who served in the defence of the Dominion along the frontier in other years about that period, since their services practically amounted to policing the frontier, and they were not engaged in actual military operations.

Import Duty On Magazines In Australia

To ask the First Lord of the Treasury whether his attention has been called to the announcement made by the Australian Commonwealth Government that from 19th August next all magazines and periodicals containing more than 15 per cent, of advertising matter will be liable to an import duty of 3d. per lb.; whether he is aware that the effect of this duty will be to exclude from a British Colony a number of British magazines and periodicals; and what steps he proposes to take in the matter. (Answered by Mr. Secretary Lyttelton.) I have not yet seen the notification of the Australian Government to which the hon. Member refers, but I will inquire whether such a notification has been issued and will draw the attention of the Commonwealth Government to the probable effect of the proposal to which the hon. Member refers. The matter, however, must be left to the discretion of that Government to take what action they think fit.

Questions In The House

Admiralty Contractors and the Fair Wages Resolution—Case of Messrs. Lysaght, of Bristol.

I beg to ask the Secretary to the Admiralty whether Messrs. Lysaght, of Bristol, are contractors for the Admiralty; and, if so, whether it has been brought to his notice that Messrs. Lysaght are discharging men from their employment on account of their membership of a trade union, in contravention of the Fair Wages Resolution of the House of Commons, which has been adopted by all Government Departments; and, if so, what steps he proposes to take in the matter.

The Answer to the first part of the hon. Member's Question is in the affirmative, and to the second part in the negative. The Fair Wages Resolution of the House of Commons does not appear to lay down any guidance for dealing with cases of this character, unless it can be shown that the firm are paying less than the current rate of wages.

Does the Secretary to the Admiralty intend the House to understand that the question of the preferential employment of non-unionists as against unionists is net raised by the Resolution?

I do not think there is anything regarding that in the Fair Wages Resolution.

*

Will the hon. Member acquaint himself with the circulars issued by the Treasury on the subject?

Machine Guns In The Regular Army

I beg to ask the Financial Secretary to the War Office if he will state the number of Maxims, Nordenfelt, and Gardner machine guns, respectively, in use in the Regular Army; the number required to complete the armament; the number of each ordered for the present financial year, and where the orders have been placed; and also the cost of manufacture at Enfield Small Arms Factory, and the price paid to private firms for each class of gun.

*

THE FINANCIAL SECRETARY TO THE WAR OFFICE
(Mr. BROMLEY DAVENPORT, Cheshire, Macclesfield)

There are in use in the Regular Army 990 Maxims, 33 Nordenfelts and 90 Gardner machine guns and a reserve of 25 per cent is held. The number of guns required to complete the armament is 110 Maxim guns; 81 are available for issue in store and 80 are still due on last year's orders. 100 Maxim guns have been ordered this year, one-half being placed with the Ordnance Factories and one-half with Messrs. Vickers, Maxim and Company. The only private firm manufacturing Maxim guns is Vickers, Maxim and Company, whose invention the gun is, and when arrangements were made with them for manufacture by them and the Ordnance Factories an undertaking was given not to divulge the price paid.

War Office Contracts—Messrs Lysaght And The Fair Wages Resolution

I beg to ask the Secretary of State for War whether Messrs. Lysaght, of Bristol, are contractors for the War Office; and, if so, whether it has been brought to his notice that Messrs. Lysaght are discharging men from their employment on account of their membership of a trade union, in contravention of the Fair Wages Resolution of the House of Commons, which has been adopted by all Government Departments; and, if so, what steps he proposes to take in the matter.

The statements of fact contained in the hon. Member's Question, as to which I have no knowledge, do not indicate any contravention of the Fair Wages Resolution, which obliges this firm, and any firm employed under a Government contract, to pay the rate of wages generally accepted as current for similar work in the same district.

Is it a fact that Messrs. Lysaght are doing work for the War Office, and, if so, will the War Office not consider themselves bound to interfere in a case where preference is shown to non-unionists as against unionists.

We do employ Messrs. Lysaght, but under the Fair Wages Resolution there is no obligation on us to compel them to employ any particular persons, unionist or non-unionist.

*

The hon. Gentleman has said that even if the facts are as set forth, the War Office would have no right to interfere.

*

Will the hon. Gentleman acquaint himself with the evidence taken before the Fair Wages Committee, and the debates in which a positive pledge was given on this subject?

Will the hon. Gentleman also make himself acquainted with the facts as to whether men are being discharged or not.

I will make inquiries, but in any case I am not clear that we have any power.

Is it not the case that in August, 1893, the then Secretary of the Treasury and myself, speaking on behalf of the Government—

*

Retired Volunteers

I beg to ask the Secretary of State for War whether there is any available record of the number of retired Volunteers under thirty years of age who, during their term of service, were efficient for not less than three years.

Expenditure On Rifle Ranges

I beg to ask th.3 Secretary of State for War if he will say how much of the £40,000 set aside in 1899 for rifle ranges has been actually appropriated; where such new ranges have been constructed; and whether they are open or screened.

The £40,000 originally allotted from the Military Works Loan, 1899, for Volunteer ranges was subsequently increased to £170,000. It has been all appropriated as shown in the Return which I have the pleasure of handing to the hon. Member. The money has been utilised in assisting Volunteers in providing range accommodation suitable for the ·303 rifle, either by extending or improving existing ranges or constructing new ones. The ranges for which grants have been made are all open ranges except five, viz., Oxford, Lincoln, Norton (Stockton-on-Tees), Kirkland (Fife), and Clifton, which are screened.

South African Constabulary

*

I beg to ask the Secretary of State for the Colonies whether the force suggested by the Government for the new South African Constabulary in 1901 was 10,000 men, whether he can say when the intention was formed that the force should consist of only 6,000, and when the strength was reduced to 5,000; whether he can state up to what date he possesses the Return of actual strength, and if he can give the figure of the actual strength at the date of the last Return; what was the original estimate of cost for 10,000 constabulary; and what is the expenditure contributed by the Transvaal towards the South African Constabulary in the present year.

It was decided to constitute such a force towards the end of 1900. Lord Roberts considered that the force should be 10,000, as the extra number would obviate the need of more Regular troops for the work then required, but from the beginning Lord Milner maintained that 6,000 would be sufficient for police purposes when the war was over, and that fewer would be required after a time. The force was reduced to 5,000 in the course of the present April. The last Return of strength is dated 1st June and gives the actual strength as 4,770. The original estimate was £250 per man, or a total cost of £2,500,000 per annum. The cost of the constabulary is provided in the Inter-colonial Budget and not directly on the Transvaal Estimates. Towards the deficit on the Inter-colonial Budget for the year ended 30th June the Transvaal is contributing a sum of £767,000. In general explanation, I would refer the right hon. Member to pages 30 and 51 of Blue-book, Cd. 2102.

Sunday Labour In Transvaal Mines

I beg to ask the Secretary of State for the Colonies whether, in view of the fact that one of the conditions of the agreement under which Chinese labourers are being introduced into the Transvaal provides that Sunday labour shall be optional, and to the fact that a conference has been summoned by the Johannesburg Free Church Council (which defended the introduction of Chinese labour) to protest against this condition, he proposes to take any, and, if so, what action in the matter.

The contract provides that Sundays shall be holidays and that labourers are not bound to work on that day. Under the Sunday Labour Law, no ordinary mining work is done on Sundays, as I have been informed, but only work which is absolutely necessary, such as pumping, repairs, etc. I have not had the conference referred to brought to my notice, but I will make inquiry on the subject.

Is the right hon. Gentleman aware that the stamps, etc., are running every day and that the mining goes on on Sundays just the same as on ordinary days?

Are not these labourers paid on the basis of thirty days per month?

Boer Repatriation—Expenditure

I beg to ask the Secretary of State for the Colonies whether he has now ascertained from Lord Milner whether he is willing to furnish a detailed statement of the moneys expended in repatriation of the Boers after the war, and in compensation for losses sustained by them in or in consequence of the war, and stating the name and address of every person who received £100 or upwards of such moneys, and on what account the same was received.

I have referred the hon. Member's request to Lord Milner, and he informs me that the suggested limitation of the Return to recipients of £100 and upwards would not materially affect the reasons for which I stated that such a Return could not conveniently be prepared, as involving an unjustifiable expenditure of time and money.

Is the right hon. Gentleman aware that there is considerable anxiety in South Africa as to whether the money has been properly expended, and is it not desirable to allay that feeling whatever the expense?

was understood to reply that wherever there was money to be distributed there was always anxiety.

Will the right hon. Gentleman give a Return showing the names of the persons whose farms were sold during the time of the war while they were fighting for their country.

Repatriation Loan

I beg to ask the Secretary of State for the Colonies how much of the £5,800,000 spent out of the Guaranteed Loan for repatriation purposes under Head III. was spent on cost of administration.

I am not able to state the amount spent on administration until I receive Lord Milner's final report. I would refer the hon. Member to Sir Arthur Lawley's observations on the point at page 64 of Cd. 1895.

The Somali Mullah

I beg to ask the Under-Secretary of State for Foreign Affairs what is the present position of the Somali Mullah, stating the estimated number of his followers, and the amount of rifles and ammunition in his possession.

*

We have no definite information as to the present position of the Mullah or strength of his following, and the report that he has returned to the Nogal Valley is not confirmed.

Administration Of Somaliland

I beg to ask the Under-Secretary of State for Foreign Affairs how many officers have been sent out in the last three months upon special service to Somaliland; whether any military operations are taking place in that country, and what force it will be necessary to maintain in the Protectorate in order to preserve peace; whether he can state what number of officers will be required in future to administer the Government there.

*

No special service officers have been sent out since the termination of the war, and no military operations are now taking place. Two Indian regiments and two companies of mounted infantry will remain as a temporary garrison pending the reorganisation of the local forces. The normal European staff of the Protectorate consists of eleven civil and ten military officers.

*

*

said he could not give the exact date when military operations were supposed to have terminated. His Answer referred to the period when the Foreign Office took over the control.

Somaliland Protectorate Boundaries And Administration

I beg to ask the Under-Secretary of State for Foreign Affairs whether His Majesty's Government contemplate any immediate demarcation of the area of the Protectorate in Somaliland which, by the Order in Council just made by His Majesty, has been placed in charge of a Commissioner; whether this Commissioner is to act under the direction of the Foreign Office, or, if not, under the direction of what Department or official, and whether he is to be in any way instructed either from Aden or from Bombay; and whether he can give the House any information as to the recent movements and present position of the Mullah.

*

The Answer to the first paragraph is in the negative; the Commissioner is to act under the direction of the Foreign Office. As regards the last paragraph, I must refer the right hon. Gentleman to the reply which I have given to-day to the hon. Member for South Molton.

Sugar Convention Expenditure

I beg to ask the Under-Secretary of State for Foreign Affairs if he will give the total sum and the chief details of the expenditure during the last financial year on or in connection with the Sugar Convention and the Permanent Committee at Brussels from money voted by Parliament.

*

The total expenditure was about £1,200. The principal items other than expenses for maintenance and travelling are: £700 for the remuneration of the British Delegate and of the Assistant Delegate, and £140 for the British share of the expenses of the Permanent Committee.

Macedonia—European Officers Of Gendarmerie

I beg to ask the Under-Secretary of State for Foreign Affairs whether the Government has acquiesced in Hilmi Pacha's circular limiting the duties of the European officers of gendarmerie in Macedonia to technical instruction of their men, and confining the right to receive complaints from the inhabitants to the civil assessors.

*

In an interview with Sir N. O'Conor, the Grand Vizier stated that he was not aware that any instructions had been sent to the Inspector-General in the sense of the alleged circular alluded to by the hon. Member, and the reports of Colonel Fairholme indicate that the British officers are receiving the cordial co-operation of the Turkish authorities.

Proof Spirit In Sweets Imported From The Continent—Restriction Of Sale

I beg to ask Mr. Chancellor of the Exchequer whether his attention has been drawn to the importation into this country by German and other Continental manufacturers of quantities of sweets, particularly chocolates, containing a large percentage of proof spirit; and whether, having regard to the danger of the sale of such articles to children, the Board of Inland Revenue propose to take steps to check such sale: and whether he will state under what conditions, if any, such articles are allowed to be sold without a licence.

The hon. Member was good enough to draw my attention to this matter by a private letter. I have been in communication with the Board of Inland Revenue on the subject. The only thing that they can do is to insist that goods containing an appreciable percentage of spirit should not be sold by any person not holding a spirit retail licence, and they are issuing warnings to that effect in such cases as appear to them to require it.

May I ask whether a proportionate duty is levied on these goods?

Alcohol For Manufacturing Purposes

To ask Mr. Chancellor of the Exchequer whether he has yet formulated any experimental scheme for the production and sale of alcohol for manufacturing and industrial purposes; whether he is aware that alcohol can be manufactured at fourpence a gallon from such materials as bad potatoes and mildewed grain; whether his attention has been drawn to the extent of German trade in this respect; and whether he intends to allow such spirits to be blended in bonded warehouses and sold as pure whiskey.

I am not quite clear as to what the hon. Member refers. I would, however, refer him to Section 8 of the Finance Act, 1902. I may at the same time mention that I am considering whether it would be advisable to alter the present law which prohibits the sale of methylated spirit by retailers in quantities of more than one gallon. As regards the cost of certain forms of alcohol, and its composition, and the extent of the German trade in such forms of alcohol, I have seen statements to the effect (more or less) of those made by the hon. Member, but I have no official information on the subject. And, with reference to his last Question, I have nothing to add to the reply given to the hon. Member on Wednesday the 22nd June† to a somewhat similar Question.

Cannot the right hon. Gentleman get information from the Customs officials as to the extent of the German trade?

†See (4) Debates, cxxxvi., 827.

I do not think I can. They cannot get information as to the sources from which the spirit is obtained. When spirit is imported as silent spirit it is absolutely impossible by any analysis to say how it has been made. It is pure spirit and nothing but that.

Cannot the right hon. Gentleman ascertain the quantity of the spirit imported from Germany.

Yes, I could obtain that, but I could not say how it was made, whether from potatoes or mildewed grain. I have no means of arriving at the sources from which it is manufactured.

Have you any information as to the amount of such spirit blended in the bonded warehouses and sold as whiskey?

*

Mails In County Fermanagh

I beg to ask the Postmaster-General if he is aware that since May last mid-day mail bags from Belleek, Irvinestown, Billinamallard, and other places, have been abolished, while previous to this letters could be posted early in the day and delivered in Enniskillen at 2 o'clock p.m.; that, under the present conditions, letters posted in any of the places mentioned have necessarily to go viâ Omagh, and take a long time in delivery; and, if so, will he consider the advisabilty of improving the present postal system in the places referred to.

I will have inquiry made on the subject, and will acquaint the hon. Member with the result.

Government Education Grant—Method Of Distribution

I beg to ask the Secretary to the Board of Education whether he is now in a position to make a statement relative to the representations which have been made to him concerning the hardship to poorer schools, and especially to country schools, likely to arise under the method of distributing Government grants to elementary schools proposed under Article 31* of the Education Code for 1904–5, and relative also to the difficulties in registration which that proposed distribution will involve.

THE PARLIAMENTARY SECRETARY TO THE BOARD OF EDUCATION
(Sir WILLIAM ANSON, Oxford University)

The total result of the method of distributing grants proposed in the Code would not involve a loss to local education authorities, taking the country as a whole; but it appears that some of the rural counties and some of the boroughs would incur a small, but an appreciable loss. I am of opinion that very slight improvement of attendance generally, and some better arangement as to the attendance of children under the by-laws relating to partial exemption, would cancel the losses which at present would arise in certain areas if the proposed change were carried into effect. But in view of the fact that under existing circumstances the change cannot be introduced without involving these losses the Board will revert to the system hitherto in force; at the same time they hope that in another year or two the methods proposed in the Code for 1904 may be brought into use without risk of hardship to any local education authority, rural or urban.

Will the hon. Baronet issue a Minute setting up the arrangement to which it is proposed to revert.

Irish Agricultural Organisation Society

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Department of Agriculture exercise any supervision over the annual sums granted to the Irish Agricultural Organisation Society; and by what power and authority are such sums granted, seeing that this society, aided by public money, is in direct competition with other similar societies dealing in Irish agricultural produce.

The sums paid to the society have been in respect of the remuneration and expenses of its officials whom the Department has employed from time to time instead of appointing additional officers on its staff. No payments have been made by way of grant. The Act of 1899 authorises the Department to apply its funds, with the concurrence of the Agricultural Board, for the purposes of promoting agricultural and other rural industries.

Is the right hon. Gentleman aware that this society is in direct competition with private enterprise all over Ireland?

I do not know if that is an accurate description, and even if it were I think the action of the society is one we ought to view with pleasure. The duty of the Department is to spend money for the promotion of agriculture, and, as I have said, it has simply employed officials of the society instead of increasing its own staff.

Land Purchase—The Macgillycuddy's Estate, County Kerry

I beg to ask the Chief Secretary to the Lord-Lieutentant of Ireland whether the attention of the Estates Commissioners has been directed to the sale of The Macgillycuddy's Estate, county Kerry, in the Land Judge's Court; whether they are aware that the holding of Mr. Daniel Shea, an evicted tenant who has made application to the Commissioners already, is situated at Cleeny on this estate, and held by the Earl of Kenmare as a middleman under The Macgillycuddy; and whether the Estates Commissioners have taken any, and, if any, what, steps to safeguard the interests of the evicted tenant.

Proceedings for sale of a portion of this estate were recently pending in the Land Judge's Court. On the application of the owner, however, proceedings were stayed, and an order was made enabling him to negotiate for a sale of the whole of the property to the Estates Commissioners. The application received from the evicted tenant will be duly considered.

Can we rely on the right hon. Gentleman to see that this evicted tenant is reinstated?

American Duties On Irish Cured Fish

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether any steps have been taken by the Irish Government with a view to induce the American Government to withdraw the prohibitory tariff proposed to be imposed on Irish cured fish imported into that country.

The Irish Government communicated with the Foreign Office on the subject. My noble friend the Secretary of State for Foreign Affairs states that the alteration in the method of assessing the duty is due to a ruling by the Board of General Appraisers. Against this ruling there is a right of appeal to the Circuit Court of the district, and, under certain circumstances, a further appeal to the Supreme Court It would appear that advantage has already been taken of this right of appeal, and my noble friend does not consider that any useful purpose would be served by making representations to the United States Government at the present stage. But the matter will be closely watched and representations made when they are likely to have good results.

Is the right hon. Gentleman aware that this increased taxation is practically killing the Irish mackerel fishing industry?

Blennerhassett's Estate, Kerry—Case Of Daniel Murphy

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have received an application for reinstatement in his farm from Daniel Murphy, Dromin, Milltown, county Kerry; whether he is aware that the greater part of the estate (A. Blennerhassett's Estate) on which the farm is situated is already purchased; that the present holder of the farm (Mr. Wharton) has no judicial title; and, if so, whether steps will be taken, under the provisions of the Land Act, 1903, to have Mr. Murphy reinstated.

The greater part of this property was sold some time ago to the occupiers under previous Land Purchase Acts. No application has been received by the Estates Commissioners in respect of the sale of the remainder, nor have they received any application on behalf of the reinstatement of Daniel Murphy.

Fishing Eights At Ballynahinch

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the water bailiffs at Ballynahinch, county Down, continually interfere with the rights of individuals fishing either with rod or line; and will he give instructions for their interference to cease.

There have, I believe, been several cases of interference by bailiffs with persons fishing legally with rod and line at this place. Further inquiries are being made in the matter by the new Department, the result of which I will communicate to my hon. friend.

Game Bights On The Clanricarde Estate, County Galway

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that in August or September, 1902, the Clanricarde tenants at Derrygoolan, county Galway, refused to allow strangers or poachers to trespass on their lands in pursuit of game, those tenants being in possession of their holdings for many years as tenants from year to year, and consequently the owners of the game rights on their farms; that on the 12th August, 1903, the same tenants again refused to allow strangers or poachers to shoot over their lands, although those outsiders were accompanied by police as a protection force; and whether, in view of the fact that no action has been taken since autumn, 1902, either by the landlord, Lord Clanricarde, or anybody else, to contest the tenants' right to the game on their holdings, a police protection force will be refused to any party endeavouring to shoot over these lands, to whom the tenants have refused permission.

I am not informed of the particulars of events which the hon. Member states took place in 1902–1903. The attendance of police on such occasions is solely to prevent serious breaches of the peace, and is not to prevent any person entitled to a legal right from asserting it in a lawful manner. If the tenants are the aggressors and remove the so-called strangers, the latter can proceed civilly or criminally for assault. If the so-called strangers are the aggressors, then the tenants can proceed civilly before the County Court or before the magistrates for trespass in pursuit of game, and thus have the legal rights of the respective parties determined in a Court of Law. I cannot and ought not to pronounce an opinion as to the rights of the respective parties, being, as I am, in ignorance of the nature of the contract of tenancy between the landlords and tenants.

Does the right hon. Gentleman deny that these tenants are tenants from year to year and were so previously to the passing of the Land Act of 1881?

Will you inquire from the police if the statements in my Question are correct, and whether, also an offer of 1s. per head has been made to the tenants for every bird killed?

In reply to Mr. ROCHE,

said the police would only go to the place if there was reason to believe that there might be a breach of the peace.

What does the right hon. Gentleman think would be a lawful and legitimate protest under these circumstances?

*

Larne Urban Council

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received a memorial from the Urban Council of Lame (county Antrim) praying for an increase in the number of councillors; and, if so, will he state what action he proposes to take in the matter.

The district council has made application to the county council for an increase in the number of urban councillors. It is for the county council to consider the application and, should it be of opinion that a prima facie case is made out, to cause an inquiry to be made in pursuance of Article 26 of the Application of Enactments Order.

Belfast Corporation—Outbreaks Of Infectious Disease

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to a resolution passed by the Works Committee of the Belfast Corporation, held on 29th June, declaring that, owing to the serious and periodical outbreaks of infectious diseases in the City of Belfast, the attention of the Public Health Department be called to the present system of dumping the refuse, which must contain germs of disease, on ground intended for building purposes; and whether, seeing that the system has been encouraged rather than repressed by the Belfast Corporation, he will, in the interests of the health of the community, cause inquiries to be made by the Local Government Board into this practice with a view to its discontinuance.

The resolution of the Works Committee is under the consideration of the Corporation. As already stated, the Local Government Board has received no complaints in the matter. The Board's Medical Inspector will, however, make inquiries.

Tobacco Growing In Ireland

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can furnish particulars as to the arrangements made for the experimental growing of tobacco in Ireland; and if such experimental growing will be carried on in different parts of Ireland, so that reliable trials may be made on a fairly large area of ground, in four or five different localities, thus enabling an opinion to be formed as to the results in different districts.

In 1900, 1901, and 1902 experiments under the supervision of the Department were undertaken at a number of selected centres in Ireland, the results of which have satisfied the Department that the tobacco plant can be successfully cultivated in that country. In order, however, to determine the possible commercial value to the country of tobacco cultivation, arrangements were made for the growing of the crop on about twenty acres in the vicinity of Navan during the present year. Until the Department has satisfied itself with respect to the actual financial result, it will not be in a position to consider the question of the initiation of similar experiments elsewhere.

Has it been brought to the notice of the right hon. Gentleman that tobacco was successfully grown in Tralee. Why have not the Department experimented in more than one county?

Rathmines Commissioners And The Dublin County Council

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Local Government Board have sought the counsel and advice of the Law Officers of the Crown to guide them in their decision on the appeal of the Rathmines Commissioners against the decision of the Dublin County Council.

No, Sir. I stated in reply to a Question by the hon. Member for South Dublin on the 20th June, † that the Board has authority to obtain the opinion of counsel in important cases, and that should it become necessary to consult the Law Officers of the Crown in the present case the Attorney-General will alone advise.

Why not the Solicitor-General? Why is the exception made in this case?

[No answer was returned.]

Trawling In Muir Bay

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, whether it has come to the knowledge of the Fisheries Branch of the Department of Technical and Agricultural Instruction that eight trawling boats, whose decks have been seen strewn several inches deep with fish spawn, have been constantly operating on Sundays and week days for the past month across the entrance to Muir Bay, to the loss and injury to the means of livelihood of the local fishermen; has the "Granuaile" yet made the long-promised surprise visit to the neighbourhood of Muir Bay; and what steps, if any, does the Government propose to take, with the view of securing the fishermen from deprivation of their livelihood by the illegal practice of trawling.

The waters in question are closed to trawling inside denned limits, which are locally well known; but the Department has no information that trawling has been carried out within the prohibited area. It is giving the matter close attention, however, and if an infraction of the law is brought to notice it will institute proceedings. It was only on the 25th June that a promise was given that the "Granuaile" would visit the waters. The element of surprise will disappear if the hon. Member presses me to give indications of the visit's probable date.

Blacklion Dispensary, Enniskillen Union

I beg to ask the Chief Secretary to the Lord-Lieu-

† See (4) Debates, cxxxvi., 491.
tenant of Ireland if his attention has been drawn to the report of Dr. M'Carthy, made to the Local Government Board on the 30th May last, in reference to the condition of the Blacklion Dispensary in the Enniskillen Union, and to his statements that the rooms are filled with accumulations of old bottles and rubbish, and that vigorous action is needed to remedy this state of affairs, and as to the unsuitability of the rooms used for the dispensary for children and delicate and elderly patients; and, if so, will he take steps to compel the improvement of these premises, or insist on the guardians providing another house instead of that now occupied by the dispensary.

The attention of the guardians has been directed to this report, and the Board has no reason to doubt they will take suitable action to remedy the condition of things complained of.

Ballinasloe Union Medical Officer

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state on what grounds the Local Government Board has refused to sanction the increase of £10 a year to £130 in the salary of Dr. Collins, the Protestant Medical Officer of Ballinasloe Union; whether he is aware that all the Catholic guardians are in favour of the proposed increase; and whether the Local Government Board, although withholding its sanction of this increase to an experienced Poor Law officer, has sanctioned initial salaries of larger amount for medical officers without Poor Law experience.

The Board has no knowledge of the religious persuasions of Dr. Collins and the guardians. The Board refused to sanction the proposed increase of salary, because of the small amount of work recorded as having been performed in Dr. Collins' district, and in view of the fact that his salary was increased to its present amount so recently as 1902. The Board, however, expressed its willingness to consider any reasonable scale of salary which might be formulated by the guardians, and made applicable to the entire medical staff of the union. Every case is considered on its merits, and higher initial salaries have only been allowed where they were warranted by circumstances.

Will the right hon. Gentleman inform the Local Government Board that Dr. Collins is a medical officer, and that the increase of the salary has been voted by Catholic guardians.

[No Answer was returned.]

Irish Agricultural Department—Catholic Clerks Of The Veterinary Branch

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he will state how many communications (giving dates) were received at the Merrion Street offices of the Agricultural Department, from the Catholic clerks of the veterinary branch since 1st April, 1900, in reference to their position; how many of these communications were registered as official documents, and on what dates were they respectively registered; and on what dates respectively were these communications replied to.

Several communications have been received by the Department from temporary clerks formerly employed in the veterinary branch, and transferred to the new Department. Their religions are unknown to the Department. The communications were duly registered as official documents, and were duly answered. I have already replied to numerous Questions addressed to me respecting the position of these clerks. It would be subversive of official discipline, and opposed to precedent, to enter into details of the character suggested by the hon. Member, and I must decline, in the circumstances, to give the information he desires.

Labourers (Ireland) Act—Cost Of Registration Of Title

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that, in the case of lands acquired in fee under the Labourers (Ireland) Act, the Local Government Board issued a circular or letter to rural sanitary authorities, calling their attention to the desirability of having the title to the plots registered under the Local Registration of Title (Ireland) Act, 1891; and whether, seeing that the average cost of registering the title to each plot is between £5 and £6, he will consider legislation with a view to providing for free registration of the title to these plots as of holdings purchased under the Land Purchase Acts.

I have ascertained that no circular of the character mentioned has been issued by the Local Government Board, the Land Commission, or the Registrar of Titles. The maximum fees payable in the Registry of Titles in respect of any such registration as that referred to amount to 13s. only.

The Anglo-French Convention

I beg to ask the First Lord of the Treasury when it is proposed to exchange the ratifications of the Convention between England and France of 8th April, 1904, relative to Newfoundland, the Gambia, the Isles de Los, the Niger, and Lake Chad; in case the Convention should not be ratified, will the stipulations it contains in Articles IV. to VIII. as to the Gambia, the Isles de Los, the Niger, and I Lake Chad becomes inoperative as well as the stipulations in Articles I. to III. as to Newfoundland; and have any steps been, or are any being, taken to carry out the Articles IV. to VIII.

The following Questions also appeared on the Paper—

I beg to ask the First Lord of the Treasury are the two Declarations, one respecting Egypt and Morocco and the other concerning Siam, Madagascar, and the New Hebrides, essential parts of the Agreement with France represented by those two Declarations and by the Convention of 8th April, 1904, relating to Newfoundland, the Gambia, and the Niger; and is it understood between His Majesty's Government and the French Government that the two Declarations will retain their effect and be carried into execution even in case the Convention fails to be ratified.

I beg to ask the First Lord of the Treasury, have the Government of Newfoundland made any representation to His Majesty's Government or raised any difficulties affecting the rights conceded to the French under Article II. of the Anglo-French Convention of 8th April, 1904, in respect of Newfoundland local regulations as to bait, fishing, or access to ports on the so-called French shore, or in respect of the policing of the fishing; and was any agreement come to by His Majesty's Government with the Government of Newfoundland on these points before the Convention was signed.

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

Perhaps my hon. friend will be good enough to postpone, say for ten days, any Question upon this subject. I do not think it would be in the public interest that I should at this moment give a reply by way of Question and Answer across the floor of the House.

Yes; they all relate, more or less directly, to the Anglo-French Agreement, and I am inclined to think that it would be desirable, if my hon. friend sees no objection, to defer them for the time I have suggested.

assented to the suggestion of the right hon. Gentleman, but added that, in view of the extreme gravity of the situation that might arise, he would put the Questions down again a fortnight hence.

Labourers (Ireland) Act Amendment Bill

I beg to ask the First Lord of the Treasury what course the Government intend to take with reference to the Irish Labourers Bill; and whether they have considered the desirability of referring the Bill to one of the Grand Committees.

I see no objection to referring the Irish Labourers Bill to one of the Grand Committees in the present condition of public business.

I am afraid I cannot answer that, nor is it necessary I should do so at the present moment, but the information will be forthcoming when the Motion is made.

Until the Aliens Bill is disposed of, it is undesirable to send this Bill to the Grand Committee on Law.

Of course, the condition of business in the Grand Committees must be one of the governing considerations in determining to which Committee the Bill should be sent.

Budget Proposals Affecting Stripped Tobacco

I beg to ask the First Lord of the Treasury whether, having regard to the disorganisation of the tobacco trade and almost complete cessation of dealings in stripped tobacco, as shown by monthly circulars, by reason of proposed fiscal changes, he can expedite the resumption of the debate on the Budget proposals affecting tobacco.

I am as well aware as my hon. friend of the inconveniences which have resulted from the postponement of the Budget. I hope to take it on the first complete Parliamentary day on which we do not take the present stage of the Licensing Bill.

Committee Of National Defence

I beg to ask the First Lord of the Treasury in what capacity and for what reason did Lord Curzon attend and take part in the proceedings of the Committee of the Cabinet for National Defence; and whether there is any, and, if so, what, precedent for a gentleman without special naval and military experience, who is not a member of the Cabinet, taking part in the proceedings of a Committee of the Cabinet or of the Cabinet as a whole.

The Committee of Defence have the right, and I think a most valuable right, to summon to their councils anybody whom they think will assist them in their deliberations.

Passive Resisters

I beg to ask the First Lord of the Treasury if he will hold an inquiry by Royal Commission or otherwise into the grievances of the 22,000 ratepayers who have refused to pay rates under the Education Acts of 1902 and 1903; and, if not, will he say what course he intends adopting to remove the grievances of those who object conscientiously to the provisions of these Acts.

I have never been able to understand that there were any grievances.

It is well known that there are grievances, so I press for a further reply.

May I ask what action will be taken with respect to the 22,000 ratepayers who have refused to pay the rates—putting aside the ques- tion whether or not they have a grievance.

The Operations In Tibet

I beg to ask the First Lord of the Treasury whether the Government has received any information this morning with reference to the operations in Tibet.

Perhaps my hon. friend will put down a Question to my right hon. friend the Secretary of State for India, who is not now in his place.

But is there not important news to-day which the House should have?

I think the right hon. Gentleman will agree with me that to ask me, without notice, at five minutes to 3 o'clock, and in the absence of my right hon. friend the Secretary of State for India, to give the House an account of events in Tibet, is a bit unreasonable. If I had had the smallest notice that such a Question was going to be asked I should have brought down the necessary documents.

I thought it was not unusual, except in matters involving complicated negotiations, to ask a Question without notice on incidents occurring from day to day.

I did not bring down the telegram, but if I had been told, even ten minutes ago, that a Question was going to be asked, I would have sent for it. But it so happens that a right hon. friend of mine has got it, and I see no reason why I should not read it to the House. But of course I could not be expected to bring it down, and I think that to repeat from memory a telegram of such a character would be setting a very evil precedent. The telegram is as follows—

"Young husband reports that to-day he sent two messengers to Tibetans that signal gun would be fired at 12 o'clock, and that if fort was not surrendered firing would commence at 12.30. The delegates—Tongsa Penlop and Ta Lama—women and children were warned to leave fort. No notice was taken by Tibetans there, and at 12.38 firing on the fort commenced."

Business Of The House

I beg to ask the right hon. Gentleman what Votes will be taken to-morrow and Thursday in next week, as well as the business for Friday.

Irish Estimates will be taken to-morrow, the Votes being those for the Land Commission, the Board of Works, and the Chief Secretary's salary. Under any circumstances the Chief Secretary's salary will be the first Order at the evening sitting. In response to the earnest request made to me by the right hon. Gentleman the Member for East Somerset, Friday will not be an allotted day to the Licensing Bill, and I therefore propose to take the Irish Land Bill and the reference to a Grand Committee of the Irish Labourers Bill.

I presume the reference of the Labourers Bill will be the first Order?

As the Labourers Bill is likely to be bitterly opposed by hon. Gentlemen on this side of the House, will the right hon. Gentleman put that second Order.

was understood to express a hope that the opposition would not be of undue length.

I am not yet able to make any statement as to the debate on the Cunard agreement.

Access To And From The House

said he desired to draw the attention of the Speaker to Sessional Order No. 11, and to ask him to interpret and clearly define the meaning of it.

*

I am not called upon to give interpretations of the Sessional Orders unless an occasion arises. The hon. Member must first show that he is raising some question of privilege or Order.

said he was raising a question of privilege on Sessional Order No. 11. That Order was as follows—

"Ordered, that the Commissioners of the Police of the Metropolis do take care that, during the session of Parliament, the passages through the streets leading to this House be kept free and open, and that no obstruction be permitted to hinder the passage of Members to and from this House"
He was proceeding from that House to his home on 12th May, and on the near side of the road in Regent-street the roadway was entirely obstructed by a hose, making it impossible for him to proceed on the near side of the road without either going over the hose or waiting until the obstruction was removed. He thereupon drove on the off side of the road, and as soon as possible returned to the near side. When he stated the case to the magistrate as a question of privilege, the magistrate dismissed the question of the Sessional Order, saying, "We all know what that means." He desired to know whether hon. Members were allowed to exercise that privilege conferred by the Sessional Order, and to what distance the privilege extended from the Houses of Parliament. This was the first time he had ever been fined; he would have waited until the obstruction was removed rather than go on the wrong side of the road, if he had not believed that he was within his rights and could have free access to and from the House. He claimed that privilege as a Member of that House and as a law-abiding citizen.

*

I think the House will agree with me that it would have been better, perhaps, if the hon. Member had kept on the right side of the road. I do not think the House will expect me to leave this to them as a question of privilege; it seems to be an ordinary police case. Wherever the line is to be drawn under this Standing Order, it does not extend to an indefinite distance from the Houses of Parliament—there must be some limits to it—and I think that, in the ordinary sense of the words, an hon. Member driving up Regent Street about an hour after the House had risen could scarcely expect to come within the operation of the Order.

said he had not, perhaps, made himself clear. Mr. Speaker said that he ought to have waited or gone on the right side of the road; but he could not because it was obstructed.

*

I only referred to what the hon. Member had said, that, finding he could not keep on the right side he went on the wrong side, relying on this Order. I said that I thought it would have been better if he had kept to the right side instead of relying upon the Order.

Licensing Bill 1St Allotted Day

Considered in Committee.

(In the Committee.)

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

Clause 1:—

Amendment again proposed—

"In page 1, line 9, after the words last inserted, to insert the words 'except in county boroughs.' "—Sir James Woodhouse.

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

I have to ask leave to withdraw this Amendment in view of the promise of the Solicitor-General to consider this question.

Amendment, by leave, withdrawn.

moved an Amendment with the object of allowing the magistrates to take into consideration not one isolated reason for non-renewal of a licence, but a combination of reasons, as they had hitherto done. He said it was desirable to retain unimpaired the elasticity of discretion which the magistrates now possessed, and he wanted to insure that in future they should be able to take into consideration not one isolated reason for non-renewal but a combination of reasons. Obviously it weakened the power of the magistrates to insist on the maintenance of good order to split their discretion up into water-tight compartments.

Amendment proposed—

"In page 1, line 9, after the words last inserted, to insert the words' or any of the before-mentioned grounds in combination with any other ground.'"—(Sir Robert Reid.)

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

said the Government could not accept the Amendment. It would be very unfair to the licence-holder to tell him that his licence was being taken away partly on grounds for which he ought to get compensation and partly on grounds for which he ought not to get compensation, and that, therefore, he would get no compensation. It was impossible under the scheme of the Bill that such an arrangement could be set up.

suggested that the Amendment might be modified so that no grounds outside those contained in the Bill should be brought in. That would go some way to meet the strong feeling on his side of the House. The point was this. There might not be strong enough evidence on any one single ground to justify the refusal of the renewal, yet the evidence on these grounds combined might suffice for taking away a licence without compensation. All they desired was to enable the magistrates to deal with the three grounds in combination.

said there was nothing to prevent the magistrates from taking one, two, or three grounds and putting them together, but these grounds ought, in fact, to exist; they ought not to be able to add together three incomplete grounds in order to make one complete ground.

said the result of the clause was to entirely alter the practice of the past. A house might have been bad structurally or the tenant might have misconducted it, but there had been hitherto a free discretion on the part of the magistrates in dealing with such cases and by the refusal of this Amendment the existing practice would be subverted.

said this was a very important point, and it was necessary the country should know what was being done. Justices at present very frequently refused the renewal of a licence on several grounds, and the combination of grounds was the ground of refusal. The Government's attitude was an illustration of the way in which the power of the justices was going to be materially limited, hampered, and checked. In his opinion the compensation should be limited to the cases where the renewal was refused solely because the house was not required.

hoped the Government would not give way on this point. If the licence-holder committed offences the magistrates would be able to exercise their powers as in the past; it was only to the point of compensation that the provision under discussion was directed. If the Amendment were accepted, they would, he feared, find that in nine cases out of ten trivial complaints would be combined in the manner suggested in order to depreciate the amount of compensation.

said he had in his mind a case that came before the Bench of which he was chairman, in which the representative of the sanitary authority objected to the renewal of a licence on the ground that the holder had persistently refused to provide a proper water supply. The justices, in the exercise of the power which they at present possessed, gave the licensee a certain time within which to remedy the defect. He was contumacious, and it was only when, as a last resource, the withdrawal of the licence was threatened that he agreed to equip his house with a proper water supply. He feared that under the clause as it stood the power to exercise such pressure would be taken away from the justices.

assured the hon. Gentleman that the case he had mentioned would not come within the Bill.

stated that during the past year only 210 licences, out of a total of 99,450, were suppressed for duplicate reasons; and in only fifty cases was the ground of non-requirement united with misbehaviour or structural deficiency. He mentioned that in order to show that in the past these considerations had not acted very powerfully in deciding the question of the renewal or refusal of a licence.

pointed out that there was nothing compelling quarter sessions to adopt this compensation scheme. There might be large districts where they would decline to adopt it. In that case, was it possible that the Government were contemplating arresting the action of the magistrates and impairing their discretion where compensation did not arise at all?

And without leaving anybody else in authority to exercise discretion.

Yes. Continuing, the hon. Member said that the Government by refusing to accept this Amendment would be crippling the present power of the justices. The Government raised, in defence of that, that these people were entitled to compensation, and therefore they could not shut them out without depriving them of compensation. His point was this: Let them take an area, the quarter sessions of which would not put this Act into operation at all. Was it not quite clear that this Bill would stand nevertheless, and that it would cripple the present power of the justices. He knew that that was the object of the brewers; but why should it be the object of the Government?

replied that he did not know whether that was a proper way to put the question, but he was quite willing to answer the substance without admitting any of the deductions which the hon. Member had made. The Question which the hon. Member asked came to this: the quarter sessions might refuse to adopt the compensation clause. If they had an area not willing to take away licences, what did it matter whether they put in two, three, or four reasons?

But you are taking power from the local justices who do think there ought to be a reduction.

said there, again, his hon. friend was entirely in error. Any licence-holder might appeal against a refusal to renew a licence.

continuing, said, if a county had a body of quarter sessions who were not prepared to adopt the clause or reduce licences it would be because they thought it was not necessary to reduce them. At all events, if they had a tribunal of that kind with important functions, not merely in relation to licences but to other matters, they must show some confidence in them.

held that the Committee was justified in calling attention at the earliest possible moment to the extraordinary position in which Courts of the quarter sessions would be placed. It seemed to be suggested that they would have to meet beforehand to decide whether or not they would put the Act in force. As chairman of quarter sessions he was one of those who would have to administer the Act, and he was bound to say that their position would be totally different from that adumbrated by the Solicitor-General. In his opinion they would deal with each case as it arose and would not beforehand pass any resolution stating whether or not the Act should be enforced. But what would be the position if there were no compensation fund established? Would the justices not be in the ridiculous position of having their hands tied? The speech of the Solicitor-General would almost encourage quarter sessions to pass a resolution saying they did not approve of the Bill.

said that the Bill, while setting up elaborate machinery for the establishment of a compensation fund, put in possession of the Court a power which, if it chose to exercise it, would absolutely nullify the measure. In any case, until the compensation fund grew, they would have the absurd state of things that in one county—a rich one—the Act would be in operation and in the next county—a poor one—it would be a dead letter.

*

said the point was that there was a possibility under Clause 3, that quarter sessions might not put into operation the levy for the purposes of compensation, and if they declined to do that they would have no fund available for compensation for the refusal to renew redundant licences. But that difficulty might be met by making it incumbent on quarter sessions to raise a compensation fund. When that was done it would still be open to quarter sessions to refuse to confirm the decision of the justices in regard to any particular licence. The position of the justices would not be altered. At present their decisions were subject to appeal. He agreed with the right hon. Gentleman as to the vice from a temperance point of view of this particular clause. But they had debated it over and over again. The Government, by restricting the grounds upon which magistrates might refuse to renew licences to three—each of which he gathered from the Solicitor-General must be sufficient in itself as a ground of refusal—were most effectually crippling the powers of the magistrates with regard to the exercise of their magisterial discretion. It was impossible to accede to these compensation proposals without modifying in some way the absolute discretion of the magistrates, but he thought the difficulty might be met in the way suggested by the hon. Member for Carnarvon— I by giving the magistrates power to make by-laws subject to an appeal to the Secretary of State. By that method the trade would be protected against the eccentricities of "cranky" Benches, to which the Prime Minister recently referred. The discussion, however, was being carried on under the shadow of the guillotine, that most perfect instrument of Parliamentary despotism, of which neither political Party could claim an absolute majority. That being so, it was necessary to make the most of the time that remained, and not go over the same ground two or three times. He therefore hoped the Amendment would be withdrawn.

AYES.

Ainsworth, John StirlingEmmott, AlfredLewis, John Herbert
Allen, Charles P.Esmonde, Sir ThomasLloyd-George, David
Ashton, Thomas GairEvans, Sir Francis H.(MaidstoneLough, Thomas
Asquith, Rt. Hn. Herbert HenryEvans, Samuel T. (Glamorgan)Lundon, W.
Atherley-Jones, L.Farquharson, Dr. RobertLyell, Charles Henry
Barlow, John EmmottFenwick, CharlesMacnamara, Dr. Thomas J.
Barran, Rowland HirstFerguson, R. C. Munro (Leith)MacNeill, John Gordon Swift
Bayley, Thomas (Derbyshire)Fitzmaurice, Lord EdmondMacVeagh, Jeremiah
Bell, RichardFlynn, James ChritsopherM'Arthur, William (Cornwall)
Benn, John WilliamsFowler, Rt. Hon. Sir HenryM'Crae, George
Black, Alexander WilliamFuller, J. M. F.M'Kenna, Reginald
Blake, EdwardFurness, Sir ChristopherMansfield, Horace Rendall
Boland, JohnGladstone, Rt. Hn. Herbert JohnMappin, Sir Frederick Thorpe
Brigg, JohnGoddard, Daniel FordMarkham, Arthur Basil
Broadhurst, HenryGrant, CorrieMitchell, Edw. (Fermanagh, N.
Brown, George M. (Edinburgh)Grey, Rt. Hon. Sir E. (Berwick)Morgan, J. Lloyd (Carmarthen)
Brunner, Sir John TomlinsonGuest, Hon. Ivor ChurchillNewnes, Sir George
Bryce, Rt. Hon. JamesGurdon, Sir W. BramptonNorton, Capt. Cecil William
Buchanan, Thomas RyburnHarcourt, Lewis V. (RossendaleNussey, Thomas Willans
Burt, ThomasHarcourt, Rt Hn Sir W (Monm'thO'Connor, James (Wicklow, W.)
Buxton, Sydney CharlesHarwood, GeorgeO'Donnell, T. (Kerry, W.)
Caldwell, JamesHayden, John PatrickO'Kelly, James(Roscommon, N
Cameron, RobertHayter, Rt. Hon. Sir Arthur D.Parrott, William
Campbell-Bannerman, Sir H.Hemphill, Rt. Hon. Charles H.Partington, Oswald
Channing, Francis AlstonHenderson, Arthur (Durham)Paulton, James Mellor
Churchill, Winston SpencerHigham, John SharpePhilipps, John Wynford
Condon, Thomas JosephHobhouse, C. E. H. (Bristol, E.Power, Patrick Joseph
Corbett, A. Cameron (Glasgow)Hope, John Deans (Fife, WestPrice, Robert John
Craig, Robert Hunter (Lanark)Horniman, Frederick JohnRea, Russell
Cremer, William RandalHutchinson, Dr. Charles FredkReckitt, Harold James
Crombie, John WilliamHutton, Alfred E. (Morley)Reddy, M.
Dalziel, James HenryJacoby, James AlfredReid, Sir R. Threshie (Dumfries
Davies, Alfred (Carmarthen)Johnson, John (Gateshead)Rickett, J. Compton
Davies, M. Vaughan (CardiganJoicey, Sir JamesRigg, Richard
Delany, WilliamJordan, JeremiahRoberts, John Bryn (Eifion)
Devlin, CharlesRamsay (Galw'yJoyce, MichaelRoberts, John H. (Denbighs.)
Dilke, Rt. Hon. Sir CharlesKilbride, DenisRobertson, Edmund (Dundee)
Dobbie, JosephKitson, Sir JamesRobson, William Snowdon
Donelan, Captain A.Lambert, GeorgeRoche, John
Doogan, P. C.Langley, BattyRose, Charles Day
Douglas, Charles M. (Lanark)Law, Hugh Alex. (Donegal, W.)Runciman, Walter
Duncan, J. HastingsLawson, Sir Wilfrid (Cornwall)Schwann, Charles E.
Dunn, Sir WilliamLayland-Barratt, FrancisSeely, Maj. J.E.B.(Isle of Wight
Edwards, FrankLeese, Sir Joseph F.(AccringtonShackleton, David James
Elibank, Master ofLeigh, Sir JosephShaw, Charles Edw. (Stafford)
Ellice, Capt EC (S Andrw'sBghsLeng, Sir JohnShaw, Thomas (Hawick, B.)
Ellis, John Edward (Notts.)Levy, MauriceSheehy, David

word "shall" should be inserted when Clause 3 came to be discussed. Quarter sessions would no doubt do their duty but he thought it advisable that the raising of the compensation fund should be made compulsory.

Leave refused,.

Question put.

The Committee divided:—Ayes, 176; Noes, 255. (Division List, No. 200.)

Shipman, Dr. John G.Thomas, David Alfred (Merthyr)Whittaker, Thomas Palmer
Sinclair, John (Forfarshire)Thomas, JA (Glamorgan, GowerWilliams, Osmond (Merioneth)
Slack, John BamfordTillet, Louis JohnWilson, Chas. Henry (Hull, W.)
Sloan, Thomas HenryTomkinson, JamesWilson, Fred. W.(Norfolk, Mid.
Soames, Arthur WellesleyTrevelyan, Charles PhilipsWilson, Henry J. (York, W. R.)
Stanhope, Hon. Philip JamesUre, AlexanderWilson, John (Falkirk)
Stevenson, Francis S.Wallace, RobertWood, James
Strachey, Sir EdwardWalton, Joseph (Barnsley)Woodhouse, Sir J.T (Hudd'r sfi'd
Sullivan, DonalWason, Eugene (Clackmannan)Yoxall, James Henry
Taylor, Theodore C. (Radcliffe)Wason, John Cathcart (Orkney
Tennant, Harold JohnWhite, George (Norfolk)TELLERS FOR THE AYES—Mr.
Thomas, Abel (Carmarthen, E.)White, Luke (York, E.R.)Ellis Griffith and Mr. T. W.
Thomas, Sir A. (Glamorgan, E.Whitley, J. H. (Halifax)Russell.

NOES.

Agnew, Sir Andrew NoelDenny, ColonelHope, J.F. (Sheffield Brightside
Anson, Sir William ReynellDickinson, Robert EdmondHorner, Frederick William
Arkwright, John StanhopeDickson, Charles ScottHoult, Joseph
Arrol, Sir WilliamDickson-Poynder, Sir John P.Houston, Robert Paterson
Atkinson, Rt. Hon. JohnDigby, John K. D. Wingfield-Howard, J. (Midd., Tottenham)
Aubrey-Fletcher. Rt. Hon. Sir HDisraeli, Coningsby RalphHozier, Hon. James Henry Cecil
Austin, Sir JohnDixon Hartland, Sir Fred DixonHudson, George Bickersteth
Bagot, Capt. Josceline FitzRoyDorington, Rt. Hon. Sir John E.Jebb, Sir Richard Claverhouse
Bailey, James (Walworth)Doughty, GeorgeJeffreys, Rt. Hon. Arthur Fred.
Bain, Colonel James RobertDouglas, Rt. Hon. A. AkersKennaway, Rt. Hn. Sir John H.
Baird, John George AlexanderDoxford, Sir William TheodoreKenyon, Hon. Geo. T.(Denbigh
Balcarres, LordDurning-Lawrence, Sir EdwinKenyon-Slaney, Col. W. (Salop
Baldwin, AlfredDyke, Rt Hon. Sir William HartKerr, John
Balfour, Rt. Hon. A.J. (Manch'rEgerton, Hon. A. de TattonKimber, Henry
Balfour, Rt Hn Gerald W.(LeedsElliot, Hon. A. Ralph DoulgasLaw, Andrew Bonar (Glasgow)
Banbury, Sir Frederick GeorgeFaber, Edmund B. (Hants, W.)Lawson, JohnGrant (Yorks NR.
Barry, Sir Francis T. (Windsor)Fergusson, Rt Hn Sir J. (Manc'rLee, Arthur H.(Hants. Fareham.
Bartley, Sir George C. T.Finch, Rt. Hon. George H.Legge, Col. Hon. Heneage
Bathurst, Hon. Allen BenjaminFinlay, Sir Robert BannatyneLlewellyn, Evan Henry
Bhownaggree, Sir M. M.Fisher, William HayesLoder, Gerald Walter Erskine
Bignold, ArthurFison, Frederick WilliamLong, Col. Charles W. (Evesham
Bill, CharlesFitzGerald, Sir Robert PenroseLong, Rt. Hn. Walter (Bristol, S.
Blundell, Colonel HenryFitzroy, Hn. Edward AlgernonLowe, Francis William
Bond, EdwardFlannery, Sir FortescueLowther, C. (Cumb., Eskdale)
Boscawen, Arthur GriffithFlower, Sir ErnestLoyd, Archie Kirkman
Bowles, Lt.-Col. H.F (MiddlesexForster, Henry WilliamLucas, Col. Francis (Lowestoft)
Bowles, T. Gibson (King's LynnFoster,Philip S.(Warwick, S.W.Lucas, Reginald J. (Portsmouth.
Brodrick, Rt. Hon. St. JohnGalloway, William JohnsonLyttelton, Rt. Hon. Alfred
Brotherton, Edward AllenGardner, ErnestMacdona, John Cumming
Burdett-Coutts, W.Garfit, WilliamMacIver, David (Liverpool)
Campbell, Rt. Hn. J.A.(GlasgowGibbs, Hon. A. G. H.Maconochie, A. W.
Carson, Rt. Hon. Sir Edw. H.Gordon. Hn. J.E. (Elgin & NairnM'Fadden, Edward
Cavendish, V.C.W.(DerbyshireGordon, Maj Evans (T'r H'mletsM'Iver, SirLewis (Edinburgh, W.
Cayzer, Sir Charles WilliamGore, Hon S. F.Ormsby-(Linc)M'Killop, James (Stirlingshire)
Chamberlain, Rt Hn J.A. (Worc.Gorst, Rt. Hon. Sir John EldonM'Killop, W. (Sligo, North)
Chaplin, Rt. Hon. HenryGoulding, Edward AlfredMajendie, James A. H.
Chapman, EdwardGraham, Henry RobertManners, Lord Cecil
Clive, Captain Percy A.Greene, Henry D.(Shrews bury)Martin, Richard Biddulph
Coates, Edward FeethamGreene, W. Raymond (CambsMassey-Main waring, Hn. W. F.
Cochrane, Hon. Thos. H. A. E.Grenfell, William HenryMaxwell. Rt Hn Sir H.E (Wigt'n
Coghill, Douglas HarryGretton, JohnMaxwell, W J H (Dumfriesshire
Cohen, Benjamin LouisGreville, Hon. RonaldMelville, Beresford Valentine
Colomb, Rt. Hon. Sir John C.R.Groves, James GrimbleMeysey-Thompson, Sir H. M.
Colston, Chas. Edw. H. AtholeGunter, Sir RobertMildmay, Francis Bingham
Cox, Irwin Edward BainbridgeHalsey, Rt. Hon. Thomas F.Mil vain, Thomas
Craig, Charles Curtis(Antrim,S.Hamilton, Marq. of (L'donderryMontagu, G. (Huntingdon)
Crean, EugeneHardy, Laurence (Kent, AshfordMoon, Edward Robert Pacy
Cripps, Charles AlfredHare. Thomas LeighMoore, William
Cross, Alexander (Glasgow)Harris, F. Leverton(Tynem'th)Morgan, David J (Walthamstow
Cross, Herb. Shepherd (Bolton)Harris, Dr. Fredk. R. (Dulwich)Morpeth, Viscount
Crossley, Rt. Hon. Sir SavileHeath, James (Staffords. N.W.)Morrell, George Herbert
Cubitt, Hon. HenryHeaton, John HennikerMorrison, James Archibald
Dalkeith, Earl ofHelder, AugustusMorton, Arthur H. Aylmer
Dalrymple, Sir CharlesHoare, Sir SamuelMount, William Arthur
Davenport, W. BromleyHobhouse, Rt Hn H.(Somers't, EMurray, Charles J. (Coventry)
Davies, Sir Horatio D. (ChathamHogg, LindsayMurray, Col. Wyndham (Bath)

Myers, William HenryRobinson, BrookeTuff, Charles
Newdegate, Francis A. N.Rolleston, Sir John F. L.Tufnell, Lieut.-Col. Edward
Nolan, Col. John P.(Galway, N.)Rollit, Sir Albert KayeValentia, Viscount
Nolan, Joseph (Louth, South)Ropner, Colonel Sir RobertVincent, Col. Sir CEH(Sheffield
O' Brien, Kendal (Tipperary, MidRound, Rt. Hon. JamesVincent, Sir Edgar (Exeter)
O'Brien, Patrick (Kilkenny)Rutherford, John (Lancashire)Walker, Col. William Hall
O'Brien, P. J. (Tipperary, N.)Rutherford, W. W. (Liverpool)Warde, Colonel C. E.
O'Dowd, JohnSackville, Col. S. G. StopfordWebb, Colonel William George
Palmer, Walter (Salisbury)Sadler, Col. Samuel AlexanderWelby, Lt.-Col. A.C.E.(Taunton
Peel, Hn. Wm. Robert WellesleySamuel, Sir Harry S (LimehouseWelby, Sir Charles G.E.(Notts.
Pemberton, John S. G.Sassoon, Sir Edward AlbertWharton, Rt. Hon. John Lloyd
Percy, EarlScott, Sir S. (Mary le bone, W.)Whiteley, H. (Ashton und Lyne
Pierpoint, RobertSeely, Charles Hilton (Lincoln)Whitmore, Charles Algernon
Pilkington, Colonel RichardSharpe, William Edward T.Willoughby de Eresby, Lord
Piatt-Higgins, FrederickShaw-Stewart, Sir H.(Renfrew)Wilson, A. Stanley (York, E.R.)
Plummer, Walter R.Sheehan, Daniel DanielWilson-Todd, Sir W.H. (Yorks.)
Powell, Sir Francis SharpSimeon, Sir BarringtonWolff, Gustav Wilhelm
Pretyman, Ernest GeorgeSmith, HC (North'mb. TynesideWorsley-Taylor, Henry Wilson
Pryce-Jones, Lt.-Col. EdwardStanley, Edward Jas. (SomersetWortley, Rt. Hon. C. B. Stuart
Purvis, RobertStanley, Rt. Hon. Lord (Lancs.)Wrightson, Sir Thomas
Pym, C. GuyStewart, Sir Mark J M'TaggartWyndham, Rt. Hon. George
Rankin, Sir JamesStock, James HenryWyndham-Quin, Col. W. H.
Ratcliff, R. F.Stone, Sir BenjaminYerburgh, Robert Armstrong
Reid, James (Greenock)Stroyan, JohnYoung, Samuel
Renshaw, Sir Charles BineTalbot, Lord E. (Chichester)Younger, William
Renwick, GeorgeTalbot, Rt. Hn. J. G. (Oxf'd Univ.
Richards, Henry CharlesTaylor, Austin (East Toxteth)TELLERS FOR THE NOES—Sir
Ridley, S. Forde (Bethnal GreenThorburn, Sir WalterAlexander Acland-Hood and
Ritchie, Rt. Hn. Chas. ThomsonTollemache, Henry JamesMr. Ailwyn Fellowes.
Roberts, Samuel (Sheffield)Tomlinson, Sir Wm. Edw. M.
Robertson, Herbert (Hackney)Tritton, Charles Ernest

moved to leave out of lines 9, and 10, after the word "licence," the words "shall be vested in quarter sessions instead of the justices of the licensing district." The effect of this Amendment would be to leave the control of the licences in the hands of the justices as at present. In every case the justices had local knowledge of the district over which they exercised jurisdiction, and their work on the whole had been satisfactory. There had been no recommendation in either of the Reports of the Royal Commission in favour of transferring the work of the justices to quarter sessions. What was proposed in the Bill was to remove the control from an administrative body and hand it over to the quarter sessions, who, according to the wording of the Act, were to act as a legal tribunal. If this proposal were adopted the real control over licences would be very much diminished, and all the elements of discretion would disappear. It was not necessary for him to quote the cases upon the authority of which it was established that quarter sessions now acted as a Court of Appeal. The justices were not a Court at all, and it was a very grave question of principle whether the control of licensing should be handed over from an administrative body to a Court of Law. There was an Amendment further down on the Paper which provided that quarter sessions should act as an administrative body, but it did not appear to be absolutely necessary that the Court of quarter sessions should be substituted for the licensing justices at all. He was aware that, inasmuch as the area of subscription to the compensation fund was considered to be at least of a size commensurate with the quarter sessions jurisdiction, it was thought, therefore, that the Court of quarter sessions should be the controlling authority and not the licensing justices, whose area of subscription would be very much smaller. That difficulty could very easily be met. The Court of quarter sessions might easily allot the amount of money to be used as compensation within the area of the particular justices' brewster sessions, and it was not necessary to transfer the whole of the licensing powers from the justices to quarter sessions. If quarter sessions had power of limiting the amount of compensation in any particular area it would be perfectly possible to leave the actual control of each licence to the licensing justices. He admitted that quarter sessions must be introduced if they were to have the area of quarter sessions as the area of subscription for the compensation fund. No doubt in certain cases the area over which the licensing justices had jurisdiction would be too small to provide adequate funds, but it was quite possible for the quarter sessions to determine what the proper amount was for each area of the licensing justices and allot that sum, and then the licensing justices should have jurisdiction in determining whether a licence should be discontinued or not. The proposal of the Government was to hand over the control of the licences from men who were thoroughly acquainted with the district to a body of gentlemen sitting at quarter sessions who were not, who could not know what were the particular requirements in the remote parts of the county, would be acting without the necessary local knowledge, and would be certain to discharge their duties less efficiently than would be done by the local justices. If the Government could not accept this Amendment in its present form, they might at least introduce words in order to leave unchecked the present jurisdiction of the licensing justices in their own area. If that were done, the Government would remove one of the most serious objections to the Bill, namely, that the justices who had hitherto done their work extremely well should not have withdrawn from them work which they had every reason to believe they would be able to continue to do thoroughly well. He begged to move.

Amendment proposed—

"In page 1, line 9, to leave out from the words last inserted to the word 'shall' in line 10."—(Mr. McKenna.)

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

*

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

said the hon. Member desired to leave the decision in regard to the taking away of licences in the hands of the local justices. He had already anticipated the objection of the Government, which was that the authority which dealt with the compensation fund should be the authority to deal with the licences to be refused. The hon. Member urged that a certain amount of money should be allotted to each brewster sessions' area to compensate licence-holders in cases where licences were refused on the ground of public policy. He submitted that that course would not be at all reasonable or desirable. It would not work in practice. There would be some brewster sessions' areas where no, or a very small number of, reductions would be made; there would be others where the number would be considerable. The result would be very unequal distribution of the benefits of the Bill. Therefore, he thought it would be far better that the trust should be vested in quarter sessions, and that they should be the authority. He believed there would be a much more even distribution in that way of the reduction of licences all over the county.

said that, apart from the objections which had been so forcibly urged by his hon. friend, quarter sessions were a most unfortunate body to commit this jurisdiction to, because, since 1888, quarter sessions had not been an administrative body at all. Although technically, as had been pointed out, this was a judicial duty, still the matter was an administrative one. He asked the Home Secretary what staff quarter sessions had at the present moment in order to carry out these duties. Since 1888 their staff had consisted of the clerk of the peace and perhaps an officer to maintain order in Court when quarter sessions were sitting. Therefore, one objection, in addition to those already stated by the mover of the Amendment, he had to the proposal in the Bill was that quarter sessions would be compelled to take up administrative duties and appoint an administrative staff. That was a new venture and one which he ventured to think was most objectionable.

said the machinery of quarter sessions had entirely gone out of use for collecting and distributing money in the way proposed in the Bill. The West Riding Sessions, with which he was most intimately associated, had passed a resolution to the effect that they did not see that they could possibly make use of the machinery now provided for this purpose and suggested that the county council was the proper body to be called upon to collect the money, while they themselves would deal, under the Bill, with the money so gathered. In order to perform the duties now to be placed upon them, it would be necessary to appoint a number of officials. He had an Amendment on the Paper that these duties should be carried out by the joint committee. He was sure that the quarter sessions could not deal with the work proposed to be committed to them with the staff they now had.

asked, on a point of order, if it would be open to the Committee on subsequent Amendments to discuss whether quarter sessions, or some other body, were to be the authority.

The point raised by this Amendment is that the authority is to remain as it is now. If the House does not think so, it is still open to the House to suggest any other authority —the standing joint committee, a committee of quarter sessions, or quarter sessions themselves. This will not affect the further Amendments.

AYES.

Agg-Gardner, James TynteBurdett-Coutts, W.Dickson, Charles Scott,
Agnew, Sir Andrew NoelButcher, John GeorgeDickson-Poynder, Sir John P.
Aird, Sir JohnCampbell, Rt. Hn. J.A (GlasgowDigby, John K. D. Wingfield
Anson, Sir William ReynellCarson, Rt. Hon. Sir Edw. H.Disraeli, Coningsby Ralph
Arkwright, John StanhopeCavendish, V. C. W.(DerbyshireDixon-Hartland, Sir Fred Dixon
Arrol, Sir WilliamCayzer, Sir Charles WilliamDoogan, P. C.
Atkinson, Rt. Hon. JohnCecil, Lord Hugh (Greenwich)Doughty, George
Aubrey-Fletcher, Rt. Hn. Sir H.Chamberlain, Rt Hn. JA (Worc.Douglas, Rt. Hon. A. Akers
Austin, Sir JohnChamberlayne, T. (S'thamptonDoxford, Sir William Theodore
Bagot, Capt. Josceline FitzRoyChaplin, Rt. Hon. HenryDurning-Lawrence, Sir Edwin
Bailey, James (Walworth)Chapman, EdwardDyke, Rt. Hon. Sir William Hart
Bain, Colonel James RobertCharrington, SpencerEgerton, Hon. A. de Tatton
Baird, John George AlexanderClive, Captain Percy A.Faber, Edmund B. (Hants, W)
Balcarres, LordCoates, Edward FeethamFergusson, Rt. Hn. Sir J (Manc'r
Baldwin, AlfredCochrane, Hon. Thos. H. A. E.Fielden, Edward Brocklehurst
Balfour, Rt. Hon. A. J.(Manch'rCoghill, Douglas HarryFinch, Rt. Hon. George H.
Balfour, Rt Hn Gerald W(LeedsCohen, Benjamin LouisFinlay, Sir Robert Bannatyne
Banbury, Sir Frederick GeorgeColomb, Rt. Hon. Sir John C. R.Fisher, William Hayes
Barry, Sir Francis T. (Windsor)Colston, Chas. Edw. H. AtholeFison, Frederick William
Bartley, Sir George C. T.Cox, Irwin Edward Bain bridgeFitzGerald, Sir Robert Penrose
Bathurst, Hon. Allen BenjaminCraig, Charles Curtis(Antrim, S.Fitzroy, Hon. Edward Algernon
Bhownaggree, Sir M. M.Crean, EugeneFlannery, Sir Fortescue
Bignold, ArthurCripps, Charles AlfredFlower, Sir Ernest
Bill, CharlesCross, Herb. Shepherd (Bolton)Forster, Henry William
Blundell, Colonel HenryCrossley, Rt. Hon. Sir SavileFoster. Philip S.(Warwick, S.W.
Bond, EdwardCubitt, Hon. HenryGalloway, William Johnson
Boscawen, Arthur GriffithDalkeith, Earl ofGardner, Ernest
Bowles, Lt.-Col. HF (MiddlesexDalrymple, Sir CharlesGarfit, William
Bowles, T. Gibbon (King's LynnDavenport, William BromleyGibbs, Hon. A. G. H.
Brodrick, Rt. Hon. St. JohnDavies, Sir Horatio D(ChathamGordon, Hn. J.E.(Elgin & Nairn
Brotherton, Edward AllenDickinson, Robert EdmondGordon, Maj Evans(T'r H'mlets

said the present body was peculiarly unsuitable to be the authority on account of the area in which they acted being so small. That had been the great difficulty in carrying out any effective scheme of licensing reform. They could not carry out any effective scheme in a small area. In the county with which he was associated they did try to-carry out a scheme of temperance reform, and they could have done it over the county at large, but they found they could not do it by dealing only with district areas. In order to carry out this Bill effectively, it was necessary to have a county scheme so that the whole county might be properly dealt with. He thought the Bill did not give sufficient power to> the county authority. They ought to give the county authority, as against the smaller authority, power to do something definite in order to carry out a scheme which would do the best for temperance reform. It was important to have suitable administrative areas in which the magistrates might effectively carry out temperance reform.

Question put.

The Committee divided:—Ayes, 250; Noes, 182. (Division List No. 201.)

Gorst, Rt. Hon. Sir John EldonM'Fadden, EdwardRollit, Sir Albert Kaye
Goulding, Edward AlfredM'Iver, Sir Lewis (EdinburghWRopner, Colonel Sir Robert
Graham, Henry RobertM'Killop, James (Stirlingshire)Rutherford, John (Lancashire)
Greene, Henry D.(Shrewsbury)M'Killop, W. (Sligo, North)Rutherford, W. W. (Liverpool)
Greene, W. Raymond (Cambs.)Majendie, James A. H.Sackville, Col. S. G. Stopford
Grenfell, William HenryManners, Lord CecilSadler, Col. Samuel Alexander
Gretton, JohnMartin, Richard BiddulphSamuel, Sir Harry S.(Limehouse
Greville, Hon. RonaldMassey-Mainwaring, Hn W. F.Sassoon, Sir Edward Albert
Groves, James GrimbleMaxwell, Rt Hn Sir H.E. (Wigt'nSeely, Charles Hilton (Lincoln)
Gunter, Sir RobertMaxwell, W.J.H (DumfriesshireSharpe, William Edward T.
Halsey, Rt. Hon. Thomas F.Melville, Beresford ValentineShaw-Stewart, Sir H (Renfrew)
Hamilton, Marq of(L'nd'nderryMeysey-Thompson, Sir H. M.Sheehan, Daniel Daniel
Hardy, Laurence (Kent AshfordMildmay, Francis BinghamSimeon, Sir Barrington
Hare, Thomas LeighMilvain, ThomasSmith, H.C(North'mb, Tyneside
Harris, F. Leverton(Tynem'th)Montagu, G. (Huntingdon)Spear, John Ward
Harris, Dr. Fredk. R. (Dulwich)Montagu, Hon. J. Scott (Hants.)Stanley, Edward J. (Somerset)
Hay, Hon. Claude GeorgeMoon, Edward Robert PacyStanley, Rt. Hon. Lord (Lancs.
Heath, James (Staffords. N.W.Moore, WilliamStewart, Sir Mark J. M'Taggart
Heaton, John HennikerMoran, David J (WalthamstowStirling-Maxwell, Sir John M.
Helder, AugustusMorpeth, ViscountStock, James Henry
Hickman, Sir AlfredMorrell, George HerbertStone, Sir Benjamin
Hoare, Sir SamuelMorrison, James ArchibaldStroyan, John
Hobhouse, Rt Hn H(Somers't, EMorton, Arthur H. AylmerTalbot, Rt. Hn. J G (Oxf'd Univ.
Hogg, LindsayMount, William ArthurTaylor, Austin (East Toxteth)
Hope, J.F.(Sheffield, BrightsideMurray, Col. Wyndham (Bath)Thorburn, Sir Walter
Horner, Frederick WilliamMyers, William HenryTollemache, Henry James
Houldsworth, Sir Wm. HenryNewdegate, Francis A. N.Tomlinson, Sir Wm. Edw. M.
Hoult, JosephNolan, Col. J. P. (Galway, N.)Tritton, Charles Ernest
Houston, Robert PatersonNolan, Joseph (Louth, South)Tuff, Charles
Howard, J. (Midd., TottenhamO'Brien, Patrick (Kilkenny)Tufnell, Lieut.-Col. Edward
Hozier, Hon. James Henry CecilO'Brien, P. J. (Tipperary, N.)Valentia, Viscount
Hudson, George BickerstethPalmer, Walter (Salisbury)Vincent, Col. Sir C.E.H (Sheffield
Jebb, Sir Richard ClaverhousePeel, Hn. Wm. Robert WellesleyVincent, Sir Edgar (Exeter)
Jeffreys, Rt. Hon. Arthur FredPemberton, John S. G.Walker, Col. William Hall
Kennaway, Rt. Hon. Sir John H.Percy, EarlWarde, Colonel C. E.
Kenyon, Hon. Geo. T.(DenbighPierpoint, RobertWebb, Colonel William George
Kenyon-Slaney, Col. W. (SalopPilkington, Colonel RichardWelby, Lt.-Col. ACE (Taunton)
Kerr, JohnPlatt-Higgins, FrederickWelby, Sir Charles G E.(Notts.)
Kimber, HenryPlummer, Walter R.Wharton, Rt. Hon. John Lloyd
Law, Andrew Bonar (Glasgow)Powell, Sir Francis SharpWhiteley, H.(Ashton-und. Lyne
Lawson, John Grant (Yorks. N. R.Pretyman, Ernest GeorgeWhitmore, Charles Algernon
Lee, Arthur H.(Hants.FarehamPryce-Jones, Lt.-Col. EdwardWilliams, Colonel R. (Dorset)
Legge, Col. Hon. HeneagePurvis, RobertWilloughby de Eresby, Lord
Llewellyn, Evan HenryPym, C. GuyWilson, A. Stanley (York, E.R.)
Loder, Gerald Walter ErskineRankin, Sir JamesWilson-Todd, Sir W.H. (Yorks.)
Long, Col Charles W. (EveshamRatcliff, R. F.Wolff, Gustav Wilhelm
Long, Rt. Hn. Walter (Bristol, SReid, James (Greenock)Worsley-Taylor, Henry Wilson
Lonsdale, John BrownleeRemnant, James FarquharsonWrightson, Sir Thomas
Lowe, Francis WilliamRenshaw, Sir Charles BineWyndham, Rt. Hon. George
Lowther, C. (Cumb. Eskdale)Renwick, GeorgeWyndham-Quin, Col. W. H.
Loyd, Archie KirkmanRichards, Henry CharlesYerburgh, Robert Armstrong
Lucas, Col. Francis (Lowestoft)Ridley, S. Forde (Bethnal GreenYoung, Samuel
Lucas, Reginald J.(PortsmouthRitchie, Rt. Hn. Chas. ThomsonYounger, William
Lyttelton, Rt. Hon. AlfredRoberts, Samuel (Sheffield)
Macdona, John CummingRobertson, Herbert (Hackney)TELLERS FOR THE AYES—Sir
MacIver, David (Liverpool)Robinson, BrookeAlexander Acland-Hood
Maconochie, A. W.Rolleston, Sir John F. L.and Mr. Ailwyn Fellowes.

NOES.

Abraham, William (Cork, N.E.)Black, Alexander WilliamCameron, Robert
Ainsworth, John StirlingBlake, EdwardCampbell-Bannerman, Sir H.
Allen, Charles P.Boland, JohnChanning, Francis Allston
Ashton, Thomas GairBrigg, JohnChurchill, Winston Spencer
Asquith, Rt. Hn. Herbert HenryBroadhurst, HenryCondon, Thomas Joseph
Atherley-Jones, L.Brown, George M. (Edinburgh)Corbett, A. Cameron (Glasgow)
Barlow, John EmmottBrunner, Sir John TomlinsonCorbett, T. L. (Down, North)
Barran, Rowland HirstBryce, Rt. Hon. JamesCraig, Robert Hunter (Lanark)
Bayley, Thomas (Derbyshire)Buchanan, Thomas RyburnCremer, William Randal
Beaumont, Wentworth C. B.Burt, ThomasCrombie, John William
Bell, RichardBuxton, Sydney CharlesCross, Alexander (Glasgow)
Benn, John WilliamsCaldwell, JamesDavies, Alfred (Carmarthen)

Davies, M. Vaughan (CardiganKilbride, DenisRoche, John
Delany, WilliamLangley, BattyRose, Charles Day
Devlin, Charles Ramsay(GalwayLawson, Sir Wilfrid (Cornwall)Runciman, Walter
Dilke, Rt. Hon, Sir CharlesLayland-Barratt, FrancisRussell, T. W.
Dobbie, JosephLeese, Sir Joseph F.( AccringtonSamuel, S. M. (Whitechapel
Donelan, Captain A.Leigh, Sir JosephSchwann, Charles E.
Douglas, Charles M. (LanarkLeng, Sir JohnSeely, Maj. JEB (Isle of Wight
Duncan, J. HastingsLevy, MauriceShackleton, David James
Dunn, Sir WilliamLewis, John HerbertShaw, Charles Edw. (Stafford)
Edwards, FrankLloyd-George, DavidShaw, Thomas (Hawick B.)
Elibank, Master ofLough, ThomasShipman, Dr. John G.
Ellice, Capt. EC (S. Andra's BghsLundon, W.Sinclair, John (Forfarshire)
Elliot, Hon. A. Ralph DouglasLyell, Charles HenrySlack, John Bamford
Ellis, John Edward (Notts)Macnamara, Dr. Thomas J.Sloan, Thomas Henry
Emmott, AlfredMacNeill, John Gordon SwiftSmith, Samuel (Flint)
Esmonde, Sir ThomasMacVeagh, JeremiahSoames, Arthur Wellesley
Evans, Sir Francis H (MaidstoneM'Arthur, William (Cornwall)Stanhope, Hon. Philip James
Evans, Samuel T. (Glamorgan)M'Crae, GeorgeStevenson, Francis S.
Farquharson, Dr. RobertMansfield, Horace RendallStrachey, Sir Edward
Fenwick, CharlesMappin, Sir Frederick ThorpeSullivan, Donal
Ferguson, R. C. Munro (Leith)Markham, Arthur BasilTaylor, Theodore C. (Radcliffe)
Fitzmaurice, Lord EdmondMitchell, Edw.(Fermanagh, N.)Tennant, Harold John
Fuller, J. M. F.Morgan, J. Lloyd (CarmarthenThomas, Abel (Carmarthen, E.)
Furness, Sir ChristopherMoulton, John FletcherThomas, Sir A. (Glamorgan, E.)
Gladstone, Rt. Hn. Herbert J.Murphy, JohnThomas, David Alfred (Merthyr
Goddard, Daniel FordNewnes, Sir GeorgeThomas, J. A (Glamorgan, Gower
Grant, CorrieNorton, Capt. Cecil WilliamTomkinson, James
Grey, Rt. Hon. Sir E. (Berwick)Nussey, Thomas WillansTrevelyan, Charles Philips
Griffith, Ellis J.O'Brien, Kendal (Tipperary MidUre, Alexander
Guest, Hon. Ivor ChurchillO'Connor, James (Wicklow, W.Wallace, Robert
Gurdon, Sir W. BramptonO'Donnell, T. (Kerry, W.)Walton, John Lawson (Leeds S.)
Hain, EdwardO'Kelly, James (Roscommon, N.Walton, Joseph (Barnsley)
Harcourt, Lewis V.(RossendaleO'Malley, WilliamWason, Eugene (Clackmannan)
Harcourt, Rt Hn Sir W (Monm'thO'Shaughnessy, P. J.Wason, John Cathcart (Orkney)
Harwood, GeorgeParrott, WilliamWhite, George (Norfolk)
Hayden, John PatrickPartington, OswaldWhite, Luke (York, E. R.)
Hayter, Rt. Hn. Sir Arthur D.Paulton, James MellorWhitley, J. H. (Halifax)
Hemphill, Rt. Hon. Charles H.Philipps, John WynfordWhittaker, Thomas Palmer
Henderson, Arthur (Durham)Power, Patrick JosephWilliams, Osmond (Merioneth)
Higham, John SharpePrice, Robert JohnWilson, Chas. Henry (Hull, W.)
Hobhouse, C. E. H. (Bristol, E.)Rea, RussellWilson, Fred. W. (Norfolk, Mid.)
Hope, John Deans (Fife, WestReckitt, Harold JamesWilson, Henry J. (York. W.R.)
Horniman, Frederick JohnReddy, M.Wilson, John (Falkirk)
Hutchinson, Dr. Charles FredkReid. Sir R. Threshie (DumfriesWood, James
Hutton, Alfred E. (Morley)Rickett, J. ComptonWoodhouse, Sir J.T. (Huddersf'd
Jacoby, James AlfredRigg, RichardYoxall, James Henry
Johnson, John (Gateshead)Roberts, John Bryn (Eifion)
Joicey, Sir JamesRoberts, John H. (Denbighs.)TELLERS FOR THE NOES—Mr.
Jordan, JeremiahRobertson, Edmund (Dundee)M'Kenna and Mr. Lambert.
Joyce, MichaelRobson, William Snowdon

said he wished to move an Amendment which concerned the county areas, and which he hoped would be taken into consideration by the Solicitor-General and the Home Secretary. He was not going to traverse the ground already gone over as to the disqualifications of the quarter sessions, but he submitted that the alternative he suggested was better than the one contained in the Bill as it now stood. As the Committee were aware, the joint police committee was elected—half by the quarter sessions, and half by the county council. It was a pretty well-known fact that in England and Wales the very best magistrates were selected to sit on the joint police committee; and he believed that most of the county council members of that committee were themselves magistrates. The joint police committee had the control of the police, and he submitted that it would be a most convenient thing that that committee should have control of the licences throughout the county areas. He had reason to believe that his Amendment commended itself to the whole body of moderate men on both sides of the House. The Amendment, he thought, would do something to remove the objection to this part of the Bill which transferred the licensing authority from the local justices to the quarter session.s The quarter sessions were often a very large body which had necessarily no local knowledge of many parts of the county, and it was admitted that the justices were chosen very much at haphazard by the Lord Chancellor. He was told that members of quarter sessions had been whipped up often on both sides when the granting or refusal of a particular licence was coming up for decision. All these difficulties would be removed by his Amendment. He begged to move.

Amendment proposed—

"In page 1, line 9, after the word 'shall' to insert the words 'in county areas.'"—(Mr. Ellis Griffith.)

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

said that there were many reasons for retaining the jurisdiction proposed in the Bill. They had framed the Bill so as to interfere as little as possible with the existing procedure. Every alteration was solely due to the necessity of having a larger compensation area. In cases where, for non-requirement or for other reasons, the brewster sessions came to the conclusion that a licence ought to be taken away, they were, under the Bill, to make an order referring the question to the quarter sessions with their report; whereas, under the old system the licence-holder had a direct appeal to quarter sessions. That was the only difference. The reason why the matter had not been allowed to remain exactly as it was, was that the area of compensation furnished by the ordinary licensing district of brewster sessions would be too small. That being so, was it not better to keep the quarter sessions and the form of procedure as nearly as possible as it was, than to set

AYES.

Abraham, William (Cork, N.E.)Benn, John WilliamsBurt, Thomas
Ainsworth, John StirlingBlack, Alexander WilliamBuxton, Sydney Charles
Allen, Charles P.Blake, EdwardCaldwell, James
Ashton, Thomas GairBoland, JohnCameron, Robert
Asquith. Rt. Hn. Herbert HenryBrigg, JohnCampbell-Bannerman, Sir H.
Aherley-Jones, L.Broadhurst, HenryCawley, Frederick
Barlow, John EmmottBrown, George M. (Edinburgh)Channing, Francis Allston
Barran, Rowland HirstBrunner, Sir John TomlinsonCondon, Thomas Joseph
Bayley, Thomas (Derbyshire)Bryce, Rt. Hon. JamesCorbett, A. Cameron (Glasgow)
Beaumont, Wentworth C. B.Buchanan, Thomas RyburnCraig, Robert Hunter (Lanark)
Bell, Richard

up a new tribunal which would have jurisdiction only in cases where compensation was concerned. In other words, they would have in every county, the quarter sessions seized of one part of this appellant jurisdiction, and the standing committee seized of another part of it. There was another question raised by this proposal, namely, the question of admitting a representative element in relation to the administration of the compensation fund. If the fund were a public fund subscribed out of the rates, or was in any way a county charge, it might be argued that there ought to be representation; but, of course, this fund was no such thing. It was a charge on one particular trade to enable them to insure against their licences being refused. He had always understood that the objection to this particular clause was that it interfered with the justices; but justices would be interfered with more by setting up a standing joint committee than by retaining quarter sessions. The Amendment, as far as he understood it, would also change what was proposed as regarded county boroughs, because it would take away from the whole body of the justices there the right to administer the fund in their own districts. That would be a great pity. In giving that power to justices in county boroughs he thought the Government were setting up the proper tribunal for administering this fund; and the reason why county boroughs were treated in this way was because they provided a sufficient compensation area. He was, therefore, unable to accept the Amendment.

Question put.

The Committee divided:—Ayes, 178; Noes, 265. (Division List No. 202).

Cremer, William RandalJoyce, MichaelRose, Charles Day
Crombie, John WilliamLambert, GeorgeRunciman, Walter
Crooks, WilliamLangley, BattyRussell, T. W.
Cross, Alexander (Glasgow)Lawson, Sir Wilfrid (Cornwall)Samuel, S. M. (Whitechapel)
Davies, Alfred (Carmarthen)Layland-Barrett, FrancisSchwann, Charles E.
Davies,M. Vaughan (CardiganLeese,Sir Joseph F(AccringtonSeely,Maj. JEB (Isle of Wight)
Delany, WilliamLeigh, Sir JosephShackleton, David Jame
Devlin, Joseph (Kilkenny, N.)Leng, Sir JohnShaw, Charles Edw. (Stafford)
Dilke, Rt. Hon. Sir CharlesLevy, MauriceShaw, Thomas (Hawick B.)
Dobbie, JosephLewis, John HerbertShipman, Dr. John G.
Douglas, Charles M. (Lanark)Lloyd-George, DavidSinclair, John (Forfarshire)
Duncan, J. HastingsLough, ThomasSlack, John Bamford
Dunn, Sir WilliamLundon, W.Sloan, Thomas Henry
Edwards, FrankLyell, Charles HenrySmith, Samuel (Flint)
Elibank, Master ofMacnamara, Dr. Thomas J.Soames, Arthur Wellesley
Ellice, CaptEC(S Andrw's BghsMacNeill, John Gordon SwiftStanhope, Hon. Philip James
Ellis, John Edward (Notts.)MacVeagh, JeremiahStevenson, Francis S.
Emmott, AlfredM'Arthur, William (Cornwall)Strachey, Sir Edward
Esmonde, Sir ThomasM'Crae, GeorgeSullivan, Donal
Evans, Sir Francis H (MaidstoneM'Kenna, ReginaldTaylor, Theodore C. (Radcliffe)
Evans, Samuel T. (Glamorgan)Mansfield, Horace RendallTennant, Harold John
Fenwick, CharlesMappin, Sir Frederick ThorpeThomas, Abel (Carmarthen, E.)
Ferguson, R. C. Munro (Leith)Markham, Arthur BasilThomas,Sir A. (Glamorgan, E.)
Fitzmaurice, Lord EdmondMitchell,Edw.(Fermanagh, N.)Thomas, David Alfred (Merthyr
Flavin, Michael JosephMorgan, J. Lloyd (Carmarthen(Thomas,JA (Glamorgan Gower
Foster, Sir Walter (Derby Co.)Morpeth, ViscountTomkinson, James
Fuller, J. M. F.Moulton, John FletcherTrevelyan, Charles Philips
Furness, Sir ChristopherNewnes, Sir GeorgeUre, Alexander
Gladstone,Rt Hn. Herbert J.Norton, Capt. Cecil WilliamWallace, Robert
Goddard, Daniel FordNussey, Thomas WillansWalton, J. Lawson (Leeds, S.)
Grant, CorrieO'Brien, Kendal (Tipperary MidWalton, Joseph (Barnsley)
Grey,Rt, Hn. Sir E. (BerwickO'Donnell, T. (Kerry, W.)Wason, Eugene(Clackmannan)
Guest, Hon. Ivor ChurchillO'Kelly,James (Roscommon, NWason,John Cathcart (Orkney)
Gurdon, Sir W. BramptonO'Malley, WilliamWhite, George (Norfolk)
Hain, EdwardO'Shaughnessy, P. J.White, Luke (York, E. R.)
Harcourt, Lewis V. (RossendaleParrott, WilliamWhitley, J. H. (Halifax)
Harcourt, RtHnSir W (Monm'thPartington, OswaldWhittaker, Thomas Palmer
Harwood, GeorgePaulton, James MellorWilliams, Osmond (Merioneth)
Hayter, Rt. Hn. Sir Arthur D.Philipps, John WynfordWilson, Chas. Henry (Hull, W.)
Hemphill, Rt. Hn. Charles H.Price, Robert JohnWilson, Fred. W.(Norfolk Mid.)
Henderson, Arthur (Durham)Rea, RussellWilson, Henry J. (York. W.R.)
Higham, John SharpeReckitt, Harold JamesWilson, John (Falkirk)
Hobhouse, C.E.H. (Bristol, E.)Reddy, M.Wood, James
Hobhouse,RtHnH. (Somers't,EReid,Sir R. Threshie (DumfriesWoodhouse, SirJT (Huddersf'd
Horniman, Frederick JohnRickett, J. ComptonYoxall, James Henry
Hutchinson, Dr. Charles Fredk.Rigg, Richard
Jacoby, James AlfredRoberts, John Bryn (Eifion)
Johnson, John (Gateshead)Roberts, John H. (Denbighs.)TELLERS FOR THE AYES—Mr.
Joicey, Sir JamesRobertson, Edmund (Dundee)Ellis Griffith and Mr.
Jones, David Brynmor(SwanseaRobson, William SnowdonDalziel.
Jordan JeremiahRoche, John

NOES.

Agg-Gardner, James TynteBalfour, Rt Hn Gerald W (LeedsButcher, John George
Agnew, Sir Andrew NoelBanbury, Sir Frederick GeorgeCampbell,Rt.Hn.JA (Gasgow)
Aird, Sir JohnBarry,Sir Francis T. (Windsor)Carson, Rt. Hon. Sir Edw. H.
Anson, Sir William ReynellBathurst, Hn. Allen BenjaminCautley, Henry Strother
Arkwright, John StanhopeBhownaggree, Sir M. M.Cavendish, V.C.W.(Derbyshire
Arrol, Sir WilliamBignold, ArthurCayzer, Sir Charles William
Atkinson, Rt. Hon. JohnBill, CharlesCecil, Evelyn (Aston Manor)
Aubrey-Fletcher,Rt. Hn.SirH.Blundell, Colonel HenryCecil, Lord Hugh (Greenwich)
Austin, Sir JohnBond, EdwardChamberlain, RtHn J.A. (Worc.
Bagot, Capt. Josceline FitzRoyBoscawen, Arthur GriffithChamberlayne, T. (S'thampton
Bailey, James (Walworth)Bousfield, William RobertChapman, Edward
Bain, Colonel James RobertBowles,Lt.-Col.H.F (MiddlesexCharrington, Spencer
Churchill, Winston Spencer
Baird, John George AlexanderBowles,T.Gibson (King'sLynnClive, Captain Percy A.
Balcarres, LordBrodrick, Rt. Hon. St. JohnCoates, Edward Feetham
Baldwin, AlfredBrotherton, Edward AllenCochrane,Hon. Thos. H. A. E
Balfour,Rt. Hn. A. J.(Manch'rBurdett-Coutts, W.Coddington, Sir William

Coghill, Douglas HarryHorner, Frederick WilliamPurvis, Robert
Cohen, Benjamin LouisHouldsworth, Sir Wm. HenryPym, C. Guy
Colomb, Rt. Hn. Sir John C. R.Hoult, JosephRankin, Sir James
Colston, Chas, Edw. H. AtholeHouston, Robert PatersonRatcliff, R. F.
Cox, Irwin Edward BainbridgeHoward, J.(Midd., TottenhamReid, James (Greenock)
Craig, Charles Curtis (Antrim, SHozier, Hn. James Henry CecilRemnant, James Farquharson
Crean, EugeneHudson, George BickerstethRenshaw, Sir Charles Bine
Cripps, Charles AlfredJeffreys, Rt. Hn. Arthur FredRenwick, George
Cross, Herb. Shepherd (Bolton)Kennaway, Rt. Hn. Sir J. H.Richards, Henry Charles
Crossley, Rt. Hon. Sir SavileKenyon, Hn. Geo. T. (Denbigh)Ridley, S. Forde (Bethnal Green
Dalkeith, Earl ofKenyon-Slaney, Col. W. (SalopRitchie, Rt. Hn. Chas. Thomson
Dalrymple, Sir CharlesKerr, JohnRoberts, Samuel (Sheffield)
Davenport, William BromleyKimber, HenryRobertson, Herbert (Hackney)
Davies, Sir Horatio D.(ChathamKing, Sir Henry SeymourRobinson, Brooke
Denny, ColonelLaurie, Lieut.-GeneralRolleston, Sir John F. L.
Dickinson, Robert EdmondLaw, Andrew Bonar (Glasgow'Rollit, Sir Albert Kaye
Dickson, Charles ScottLawson, J. Grant (Yorks. N.R.Ropner, Colonel Sir Robert
Dickson-Poynder, Sir John P.Lee, Arthur H (Hants., FarehamRound, Rt. Hon. James
Dimsdale, Rt. Hon. Sir Joseph C.Legge, Col. Hon. HeneageRutherford, John (Lancashire)
Disraeli, Coningsby RalphLlewellyn, Evan HenryRutherford, W. W. (Liverpool)
Dixon-Hartland, Sir Fred DixonLoder, Gerald Walter ErskineSackville, Col. S. G. Stopford-
Doogan, P. C.Long, Col. Charles W.(EveshamSadler, Col. Samuel Alexander
Doughty, GeorgeLong, Rt. Hn. Walter (Bristol,S)Samuel, Sir Harry S.(Limehouse
Douglas, Rt. Hon. A. AkersLonsdale, John BrownleeSassoon, Sir Edward Albert
Doxford, Sir William TheodoreLowe, Francis WilliamSeely, Charles Hilton (Lincoln)
Duke, Henry EdwardLowther, C. (Cumb. Eskdale)Sharpe, William Edward T.
Durning-Lawrence, Sir EdwinLoyd, Archie KirkmanShaw-Stewart, Sir H.(Renfrew)
Dyke, Rt. Hn. Sir William HartLucas, Col. Francis (Lowestoft)Sheehan, Daniel Daniel
Egerton, Hon. A. de TattonLucas Reginald J. (Portsmouth)Simeon, Sir Barrington
Elliot, Hon. A. Ralph DouglasLyttelton, Rt. Hon. AlfredSmith HC. (North'mb. Tyneside
Faber, Edmund B. (Hants, W.)Macdona, John dimmingSpear, John Ward
Fergusson, Rt. Hn. Sir J.(Manc'rMacIver, David (Liverpool)Stanley, Edward Jas. (Somerset)
Fielden, Edward BrocklehurstMaconochie, A. W.Stanley, Rt. Hon. Lord (Lancs.)
Pinch, Rt. Hon. George H.M'Fadden, EdwardStewart, Sir Mark J. M'Taggart
Finlay, Sir Robert BannatyneM'Iver, Sir Lewis (Edinburgh WStirling-Maxwell, Sir John M.
Fisher, William HayesM'Killop, James (Stirlingshire)Stock, James Henry
Fison, Frederick WilliamM'Killop, W. (Sligo, North)Stone, Sir Benjamin
FitzGerald, Sir Robert PenroseManners, Lord CecilStroyan, John
Fitzroy,Hn. Edward AlgernonMartin, Richard BiddulphTalbot Rt. Hn. J.G. (Oxf'd Univ.
Flannery, Sir FortescueMassey-Mainwaring, Hn. W.F.Taylor, Austin (East Toxteth)
Flower, Sir ErnestMaxwell, Rt Hn Sir H.E. (Wigt'nThorburn, Sir Walter
Forster, Henry WilliamMaxwell, W. T.H (DumfriesshireTollemache, Henry James
Foster, Philip S. (Warwick, S. W.Melville, Beresford ValentineTomlinson, Sir Wm. Edw. M.
Galloway, William JohnsonMeysey-Thompson, Sir H. M.Tritton, Charles Ernest
Gardner, ErnestMildmay, Francis BinghamTuff, Charles
Garfit, WilliamMilvain, ThomasTuffnell, Lieut.-Col. Edward
Gibbs, Hon. A. G. H.Montagu, G. (Huntingdon)Valentia, Viscount
Gordon, Hn. J E (Elgin & Nairn)Montagu, Hn. J. Scott (Hants.)Vincent, Col. Sir C. E H (Sheffield
Gordon, Maj Evans (T'r H'mletsMoon, Edward Robert PacyVincent, Sir Edgar (Exeter)
Gorst, Rt. Hon. Sir John EldonMoore, William
Goulding, Edward AlfredMorgan David J. (WalthamstowWalker, Col. William Hall
Graham, Henry RobertMorrell, George HerbertWarde, Colonel C. E.
Greene, Henry D. (Shrewsbury)Morrison, James ArchibaldWebb, Colonel William George
Greene, W. Raymond (Cambs.)Morton, Arthur H. AylmerWelby, Lt.-Col. A.C.E. (Taunton
Grenfell, William HenryMount, William Arthur-Welby, Sir Chas. G.E. (Notts.)
Greville, Hon. RonaldMurray, Charles J. (Coventry)Wharton, Rt. Hon. John Lloyd
Groves, James GrimbleMurray, Col. Wyndham (Bath)Whiteley, H. (Ashton und. Lyne
Gunter, Sir RobertMyers, William HenryWilliams, Colonel R. (Dorset
Hall, Edward MarshallNolan, Col. John P. (Galway, N.)Willoughby de Eresby, Lord
Halsey, Rt. Hon. Thomas FNolan, Joseph (Louth, South)Wilson, A. Stanley (York, E.R.)
Hamilton, Marq of (L'nd'nderryO'Brien, Patrick (Kilkenny)Wilson-Todd, Sir W.H.(Yorks.)
Hardy, Laurence (Kent, AshfordO'Brien, P. J. (Tipperary, N.)Wolff, Gustav Wilhelm
Hare, Thomas LeighO'Dowd, JohnWorsley-Taylor, Henry Wilson
Harris, F. Leverton (Tynem'th)Palmer, Walter (Salisbury)Wrightson, Sir Thomas
Harris, Dr. Fredk. R. Dulwich)Peel Hn. Wm. Robert WellesleyWyndham, Rt. Hon. George
Hay, Hon. Claude GeorgePemberton, John S. G.Wyndham-Quin, Col. W. H.
Heath, James (Staffords. N.W.Percy, EarlYerburgh, Robert Armstrong
Heaton, John HennikerPierpoint, RobertYoung, Samuel
Helder, AugustusPilkington, Colonel RichardYounger William
Henderson, Sir A. (Stafford, W.)Platt-Higgins, Frederick
Hickman, Sir AlfredPlummer, Walter R.
Hoare, Sir SamuelPowell, Sir Francis SharpeTELLERS FOR THE NOES—
Hogg, LindsayPretyman, Ernest GeorgeSir Alexander Acland-Hood
Hope, J.F.(Sheffield, BrightsidePryce-Jones, Lt.-Col. Edwardand Mr. Ailwyn Fellowes

said the object of the Amendment he now proposed to move was to secure that no change in the machinery with regard to licensing administration should take place except on the condition that quarter sessions decided to levy the annual charge referred to in Sub-section 1, Clause 3, of the Bill. The root principle of this Bill was to attempt to reduce licences throughout the country, but that, in the view of the Government, could not be adequately or justly done without payment of compensation. The Government had made it clear that there would have been no need for any change in regard to licensing jurisdiction had it not been necessary to have a compensation fund of this character for the benefit of those who lost their licences on the sole ground of non-requirement. The Government had more 'than once asserted that it was not their desire to interfere in any way with the jurisdiction of the local licensing justices, but that if it was absolutely necessary to set up a compensation fund then it was necessary for quarter sessions to decide the question of non-renewals on the ground of non-necessity. That being so, what possible ground could there be for any interference with the present powers of jurisdiction of the local justices unless quarter sessions decided to set up a compensation fund? It was admitted that there was an inconvenience with regard to the double jurisdiction and there were undoubtedly serious disadvantages connected with it. He urged this Amendment on the practical ground that above all things it was desirable that every kind of stimulus should be provided for uniformity of action throughout the country in regard to the setting up of this fund. It was perfectly plain that unless every quarter sessions decided to levy the fund the fund would be hopelessly inadequate to bring about any reduction of licences throughout the country. On these grounds he begged to move.

Amendment proposed—

"In page 1, line 9, after the word 'shall,' to insert the words ' in the event of quarter sessions deciding to impose in respect of all on-licences within their area the charges referred to in Section 3, Sub-section (1), of the Act.'"—(Mr. Herbert Roberts.)

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

said with regard to this Amendment he had nothing to add to what he had already said on a previous Amendment of a similar character. He asked what reason was there to suppose that quarter sessions would refuse to carry out their duty when this Bill was passed, any more than they refused to carry it out now. The whole argument in favour of this Amendment appeared to be that they were to assume that quarter sessions, when this Bill was passed, would refuse to administer the law. Did not the hon. Member who moved the Amendment see that if quarter sessions did not set up a compensation fund what it involved? Quarter sessions would at some time have to say, "We will not do our duty in the renewal of licences." They could not segregate the two cases. Directly quarter sessions refused to set up a compensation fund they abrogated all their functions under the Bill. If the Amendment were passed it would be necessary to go further and abolish quarter sessions altogether, because they might decide to set up the fund, but charge the minimum instead of the maximum rates, and thus defeat the purpose of the fund. It they were wicked enough to do the one thing they were bad enough to do the-other. There was really no ground for treating quarter sessions in this way, they had always transacted their business properly, and there was no reason to suppose that they would adopt a different course in the future.

pointed out that, inasmuch as the municipal authorities were losing their rights, there would be no reduction of licences whatever if the quarter sessions refused to act. It was only reasonable that this provision should be made compulsory. The local justices were most in touch with local opinion, but there was nothing in the Bill to give effect to the recommendation of both Reports of the Royal Commission that local opinion should be consulted. The Commission recommended that the licensing authority should be a combination of the justices and elected persons from the town council, but there was no provision of that kind in the Bill. As the powers of the borough justices were to be taken away, the county justices ought to be compelled to do something on the recommendation of the local magistrates. His experience as a borough magistrate had not been such as to satisfy him that the county justices would take the necessary steps without pressure. He hoped, therefore, the Government would not refuse the concession asked for by this Amendment.

said the conditions under which the discussion was being carried on did not admit of anything like free or adequate debate, but the matter raised by the present Amendment was of so much urgency, and the grounds on which the hon. Member had rested his case were so strong, that he thought the Government might give it a little more consideration. The proposal of the Amendment was that the jurisdiction at present possessed by the licensing justices should be retained by them unless quarter sessions, to which that jurisdiction was by this Bill to be transferred, resolved to set up this fund. He entirely demurred to the suggestion of the Solicitor-General that the quarter sessions would be guilty of any neglect of duty if they refused to raise the fund. In some counties it was in the highest degree probable that quarter sessions would not think it worth while to do so. In consequence of the small-ness of the area involved the fund would be wholly inadequate to effect any substantial reduction of licences, and quarter sessions might very reasonably say that they would have nothing whatever to do with the matter. What would be the position then? The power of the licensing justices

AYES.

Ainsworth, John StirlingBoland, JohnCameron, Robert
Allen, Charles P.Brigg, JohnCampbell-Bannerman, Sir H.
Ashton, Thomas GairBroadhurst, HenryCawley, Frederick
Atherley-Jones, L.Brown, George M.(Edinburgh)Channing, Francis Allston
Barlow, John EmmottBrunner, Sir John TomlinsonCondon, Thomas Joseph
Barran, Rowland HirstBryce, Rt. Hon. JamesCorbett, A. Cameron (Glasgow)
Bayley, Thomas (Derbyshire)Buchanan, Thomas RyburnCraig, Robert Hunter (Lanark)
Beaumont, Wentworth, C. B.Burt, ThomasCremer, William Randal
Benn, John WilliamsBuxton, Sydney CharlesCrombie, John William
Black, Alexander WilliamCaldwell, JamesCrooks, William

would have been taken away, and in its place a nugatory power given to quarter sessions; therefore in those counties the whole thing would be hung up, and there would be no authority in a position to exercise a jurisdiction which everybody admitted to be necessary. A. more reasonable Amendment had not, m his opinion, been proposed in the whole course of the discussion.

said the argument of the right hon. and learned Gentleman would be all very well if the local authorities had an absolute power to refuse licences, but they had no such power, as the last word already lay with quarter sessions. He regretted that the right hon. Gentleman should have said that quarter sessions would be able to ignore the Bill. But if any quarter sessions were in that frame of mind, if this Amendment were carried how many licences were they likely to do away with on the appeal of the local justices? The same matters would be operative with them, and would render the provision nugatory.

did not believe the quarter sessions of a single English county would refuse to take this matter up and act. Quarter sessions throughout the country had long desired to do something in the way of the reduction of licences, but they had not possessed the power. They were now to have the power, and it was not likely that any body of English gentlemen would refuse to exercise it.

Question put.

The Committee divided:—Ayes, 176; Noes, 267. (Division List No. 203.)

Cross, Alexander (Glasgow)Jordan, JeremiahRobertson, Edmund (Dundee)
Dalziel, James HenryJoyce, MichaelRobson, William Snowdon
Davies, Alfred (Carmarthen)Kitson, Sir JamesRoche, John
Davies, M. Vaughan-(CardiganRose, Charles Day
Delany, WilliamLambert, GeorgeRunciman, Walter
Devlin, Chas. Ramsay (CalwayLangley, BattyRussell, T. W.
Dilke, Rt. Hon. Sir CharlesLawson, Sir Wilfrid (CornwallSamuel, S. M. (Whitechapel)
Dobbie, JosephLayland-Barratt, FrancisShaw, Charles Edw. (Stafford)
Doogan, P. C.Leese SirJoseph F.(AccringtonShaw, Thomas (Hawick, B.)
Douglas, Charles M. (Lanark)Leigh, Sir JosephSheehy, David
Duncan, J. HastingsLong, Sir JohnShipman, Dr. John G.
Dunn, Sir WilliamLevy, MauriceSinclair, John (Forfarshire)
Lewis, John HerbertSlack, John Bamford
Edwards, FrankLloyd-George, DavidSloan, Thomas Henry
Elibank, Master ofLough, ThomasSmith, Samuel (Flint)
Ellice, Capt EC (S. Andrw's BghsLundon, W.Soames, Arthur Wellesley
Ellis, John Edward (Notts.)Lyell, Charles HenrySpear, John Ward
Emmott, AlfredMacnamara, Dr. Thomas J.Stanhope, Hon. Philip James
Esmonde, Sir ThomasMacNeill, John Gordon SwiftStevenson, Francis S.
Evans, Sir Francis H.(MaidstoneMacVeagh, JeremiahStrachey, Sir Edward
Evans, Samuel T. (Glamorgan)M'Arthur, William (Cornwall)Sullivan, Donal
Fenwick, CharlesM'Crae, GeorgeTaylor, Theodore C. (Radcliffe)
Ferguson, R. C. Munro (Leith)M'Kenna, ReginaldThomas, Abel (Carmarthen
Fitzmaurice, Lord EdmondMansfield, Horace RendallThomas, Sir A. (Glamorgan, E.)
Foster, Sir Walter (Derby Co.)Mappin, Sir Frederick ThorpeThomas, David Alfred (Merthyr)
Fowler, Rt. Hon. Sir HenryMarkham, Arthur BasilThomas, J A (Glamorgan, Gower
Freeman-Thomas, Captain F.Mitchell, Edw. (Fermanagh, N.)Tillet, Louis John
Fuller, J. M. F.Morgan, J. Lloyd (Carmarthen)Tomkinson, James
Furness, Sir ChristopherMoss, SamuelToulmin, George
Gladstone, Rt. Hn. Herbert JohnMoulton, John FletcherTrevelyan, Charles Philip
Goddard, Daniel FordMurphy JohnUre, Alexander
Grant, CorrieNorton, Capt. Cecil WilliamWallace, Robert
Grey, Rt. Hn. Sir E.( Berwick)Nussey, Thomas WillansWalton, JohnLawson (Leeds, S.)
Griffith, Ellis T.O'Brien, Kendal (Tipperary MidWalton, Joseph (Barnsley)
Gurdon, Sir W. BramptonO'Donnell, T. (Kerry, W.)Wason, Eugene (Clackmannan)
Hain, EdwardO'Kelly, James(Roscommon,NWason, John Cathcart(Orkney)
Harcourt, Lewis V.(RossendaleO'Mulley, WilliamWhite, George (Norfolk)
Harcourt, Rt Hn Sir W (Monm'thO'Shaughnessy, P. J.White, Luke (York, E.R.)
Harwood, GeorgeParrott, WilliamWhitley, J. H. (Halifax)
Hayter, Rt. Hon. Sir Arthur D.Partington, OswaldWhittaker, Thomas Palmer
Hemphill, Rt. Hon. Charles H.Paulton, James MellorWilson, Chas. Henry (Hull, W.
Henderson, Arthur (Durham)Perks, Robert WilliamWilson, Henry J. (York, W.R.)
Higham, John SharpePhilipps, John WynfordWilson, John (Falkirk)
Hobhouse, C. E. H. (Bristol, E.)Price, Robert JohnWood, Tames
Horniman, Frederick JohnRea, RussellWoodhouse Sir J.T (Hudd'rsfi'd
Hutchinson, Dr. Charles Fredk.Reckitt, Harold JamesYoxall, James Henry
Hutton, Alfred E. (Morley)Reddy, M.
Jacoby, James AlfredReid, Sir R. Threshie (DumfriesTELLERS FOR THE AYES—
Johnson, John (Gateshead)Rickett, J. ComptonMr. Herbert Roberts and
Joicey, Sir JamesRigg, RichardMr. Shackleton.
Jones, David Brynmor (SwanseaRoberts, John Bryn (Eifion)

NOES.

Agg-Gardner, James TynteBalfour, Rt Hn Gerald W. (LeedsBurdett-Coutts, W.
Agnew, Sir Andrew NoelBanbury, Sir Frederick GeorgeButcher, John George
Aird, Sir JohnBarry, Sir Francis T.(Windsor)Campbell, Rt. Hn. J.A.(Glasgow
Anson, Sir William ReynellBathurst, Hon. Allen BenjaminCarson, Rt. Hon. Sir Edw. H.
Arkwright, John StanhopeBhownaggree, Sir M. M.Cautley, Henry Strother
Arrol, Sir WilliamBignold, ArthurCavendish, V.C.W. (Derbyshire
Atkinson, Rt. Hon. JohnBill, CharlesCayzer, Sir Charles William
Aubrey-Fletcher Rt. Hon. Sir HBlundell, Colonel HenryCecil, Evelyn (Aston Manor)
Austin, Sir JohnBond, EdwardCecil, Lord Hugh (Greenwich)
Bagot, Capt. Josceline FitzRoyBoscawen, Arthur Griffith-Chamberlain, Rt Hn J.A.(Worc.
Bailey, James (Walworth)Bousfield, William RobertChamberlayne, T. (S'thampton
Bain, Colonel James RobertBowles, Lt. Col. H.F.(MiddlesexChapman, Edward
Baird, John George AlexanderCharrington, Spencer
Balcarres, LordBowles, T. Gibson (King's LynnChurchill, Winston Spencer
Baldwin, AlfredBrodrick, Rt. Hon. St. JohnClare, Octavius Leigh
Balfour, Rt. Hon. A. J.(Manch'rBrotherton, Edward AllenClive, Captain Percy A.
Bull, William JamesCoates, Edward Feetham

Cochrane, Hon. Thos. H. A. E.Helder, AugustusO'Brien, P. J.(Tipperary, N.)
Coddington, Sir WilliamHenderson, Sir A.(Stafford, W.)Palmer, Walter (Salisbury)
Coghill, Douglas HarryHickman, Sir AlfredPeel, Hn. Wm. Robert Wellesley
Cohen, Benjamin LouisHoare, Sir SamuelPercy, Earl
Colomb, Rt. Hon. Sir John C.R.Hobhouse, Rt. Hn H(Somers't, EPierpoint, Robert
Colston, Chas. Edw. H. AtholeHogg, LindsayPilkington, Colonel Richard
Cox, Irwin Edward BainbridgeHope, J. F. (Sheffield, BrightsidePlummer, Walter R.
Craig. Chas. Curtis (Antrim, S.)Horner, Frederick WilliamPowell, Sir Francis Sharp
Crean, EugeneHouldsworth, Sir Wm. HenryPretyman, Ernest George
Cripps, Charles AlfredHoult, JosephPryce-Jones, Lt.-Col. Edward
Cross, Herb. Shepherd (Bolton)Houston, Robert PatersonPurvis, Robert
Crossley, Rt. Hon. Sir SavileHoward, J.(Midd., TottenhamPym, C. Guy
Dalkeith, Earl ofHozier, Hn. James Henry CecilRankin, Sir James
Dalrymple, Sir CharlesHudson, George BickerstethRatcliff, R. F.
Davenport, W. Bromley-Jeffreys, Rt. Hon. Arthur FredReid, James (Greenock)
Davies, Sir Horatio D. (ChathamJessel, Captain Herbert MertonRemnant, James Farquharson
Dickinson, Robert EdmondJohnstone, Heywood (Sussex)Renshaw, Sir Charles Bine
Dickson, Charles ScottKennaway, Rt. Hn. Sir John H.Renwick, George
Dimsdale, Rt.Hn. Sir Joseph CKenyon, Hn. Geo. T.(Denbigh)Richards, Henry Charles
Disraeli, Coningsby RalphKenyon-Slaney, Col. W. (Salop.Ridley, S. Forde (BethnalGreen
Dixon-Hartland, Sir Fred DixonKerr, JohnRoberts, Samuel (Sheffield)
Dorington, Rt. Hon. Sir John E.Kimber, HenryRobertson, Herbert (Hackney)
Doughty, GeorgeKing, Sir Henry SeymourRobinson, Brooke
Douglas, Rt. Hon. A. Akers-Knowles, Sir LeesRolleston, Sir John F. L.
Doxford, Sir William TheodoreLaurie, Lieut.-GeneralRollit, Sir Albert Kaye
Duke, Henry EdwardLaw, Andrew Bonar (Glasgow)Ropner, Colonel Sir Robert
Durning-Lawrence, Sir EdwinLawson, John Grant (Yorks. N. RRound, Rt. Hon. James
Dyke, Rt. Hon. Sir William HartLee, Arthur H (Hants. FarehamRutherford, John (Lancashire)
Egerton, Hon. A. de TattonLegge, Col. Hon. HeneageRutherford, W. W. (Liverpool)
Faber, Edmund B.(Hants, W.)Llewellyn, Evan HenrySackville, Col. S. G. Stopford-
Fergusson Rt. Hn. Sir J.(MancLoder, Gerald Walter ErskineSadler, Col. Samuel Alexander
Finch, Rt. Hon. George H.Long Col. Chas. W. (Evesham)Samuel SirHarry S.(Limehouse
Finlay, Sir Robert BannatyneLong Rt. Hn. Walter (Bristol, S)Sassoon, Sir Edward Albert
Fisher, William HayesLonsdale, John BrownleeSeely, Charles Hilton (Lincoln)
Fison, Frederick WilliamLowe, Francis WilliamSeton-Karr, Sir Henry
FitzGerald, Sir Robert Penrose-Lowther, C. (Cumb., Eskdale)Snarpe, William Edward T.
Fitzroy, Hon. Ed ward AlgernonLoyd, Archie KirkmanShaw-Stewart, Sir H.(Renfrew)
Flannery, Sir FortescueLucas, Reginald J. (PortsmouthSheehan, Daniel Daniel
Flavin, Michael JosephLyttelton, Rt. Hon. AlfredSimeon, Sir Barrington
Flower, Sir ErnestMacdona, John dimmingSmith, HC(North'mb Tyneside
Forster, Henry WilliamMaconochie, A. W.Stanley, Ed ward Jas. (Somerset)
Foster, Philip S.(Warwick, S.W.M'Fadden, EdwardStanley, Rt. Hon. Lord (Lancs
Galloway, William JohnsonM"Iver, Sir Lewis (Edinburgh, WStewart, Sir Mark J. M'Taggart
Gardner, ErnestM'Killop, James (Stirlingshire)Stirling-Maxwell, Sir John M.
Garfit, WilliamMajendie, James A. H.Stock, James Henry
Gibbs, Hon. A. G. H.Manners, Lord CecilStone, Sir Benjamin
Gordon, Hn. J.E.(Elgin & Nairn)Martin, Richard BiddulphStroyan, John
Gordon, Maj Evans-(T'r H'mletsMassey-Mainwaring, Hn. W.F.Talbot, Lord E. (Chichester)
Gorst, Rt. Hon. Sir John EldonMaxwell, Rt Hn. Sir H.E(Wigt'nTalbot Rt. Hn. J.G.(Oxf'd Univ.
Goschen, Hon. George JoachimMaxwell, W.J.H(DumfriesshireTaylor, Austin (East Toxteth)
Goulding, Edward AlfredMelville, Beresford ValentineThorburn, Sir Walter
Graham, Henry RobertMeysey-Thompson, Sir H. M.Tollemache, Henry James
Greene, Henry D.(Shrewsbury)Mildmay, Francis BinghamTomlinson. Sir Wm. Edw. M.
Greene, W. Raymond (Cambs)Milvain, ThomasTritton, Charles Ernest
Grenfell, William HenryMontagu, G. (Huntingdon)Tuff, Charles
Gretton, JohnMoon, Edward Robert PacyValentia, Viscount
Greville, Hon. RonaldMoore, WilliamVincent, Col. Sir C. EH(Sheffield
Groves, James GrimbleMorgan David J.(WalthamstowWalker, Col. William Hall
Gunter, Sir RobertMorpeth, ViscountWarde, Colonel C. E.
Hall, Edward MarshallMorrell, George HerbertWebb, Colonel William George
Halsey, Rt. Hon. Thomas F.Morrison, James ArchibaldWelby, Lt.Col. C.E.(Taunton
Hambro, Charles EricMorton, Arthur H. AylmerWelby, Sir Charles G.E. (Notts.
Hamilton, Marq. of (L'donderryMount, William ArthurWharton, Rt. Hon. John Lloyd
Hardy Laurence (Kent, Ahford)Murray, Charles J. (Coventry)Whiteley, H.(Ashton und. Lyne
Hare, Thomas LeighMurray, Col. Wyndham (Bath)Whitmore, Charles Algernon
Harris, F. Leverton (Tynem'thMyers, William HenryWilliams, Colonel R. (Dorset)
Harris Dr. Fredk. R. (Dulwich)Newdegate, Francis A. N.Willoughby de Eresby, Lord
Hay, Hon. Claude GeorgeNolan, Col. John P.(Galway, N.)Wilson, A. Stanley(York, E.R.)
Heath, James(Staffords., N. W.)Nolan, Joseph (Louth, South)Wilson-Todd, Sir W.H.(Yorks)
Heaton, John HennikerO'Brien, Patrick (Kilkenny)Wolff, Gustav Wilhelm

Worsley-Taylor, Henry WilsonWyndham-Quin, Col. W. H.TELLERS FOR THE NOES—
Wortley, Rt. Hon. C.B. StuartYerburgh, Robert ArmstrongSir Alexander Acland-Hood
Wrightson, Sir ThomasYoung, Samueland Mr. Ailwyn Fellowes.
Wyndham, Rt. Hon. GeorgeYounger, William

said the object of his Amendment was to give quarter sessions the option of remaining outside the scope of the Act altogether, and that was a totally different question to the one which had just been decided. His proposal would enable quarter sessions, in cases where they considered it desirable, to wait in order that they might see how the Act operated in other counties. They all knew that at the commencement of an Act of this kind administrative mistakes were constantly made, and the various authorities gained by each other's experience. He thought it was desirable that there should be a certain amount of local option. Some countries were much more highly licensed than others, and some had not such a large proportion of licences. What they were doing by this Bill was to absolutely close every possible door by which any sort of different administration could be carried out as an experiment in different districts in the future. Surely the experience of their Colonies, and of Norway, Sweden, and the United States, supplied them with a sufficient number of precedents to work upon. They were by this measure making any sort of licensing reforms impossible except upon the lines suggested by this Bill. He particularly asked that in the Welsh counties they should have in the future some chance of settling this question in their own way, and on their own lines. If Courts of quarter sessions in Wales, knowing the feelings of the Welsh people, should decide that it would be better to defer putting the Act into operation in order to see whether some better method could be found, which would promote temperance reform, he suggested that some liberty should be given to those Courts to adopt that course. The fact that there was no time limit in the Bill made an Amendment of this kind all the more necessary. Had there been a time limit they might have looked forward to some change of a beneficial character not altogether upon the lines of this Bill. He urged that the Government should give some measure of local option to the counties in-order that some of the counties might keep outside the sphere of this Bill, and thus give Parliament an opportunity of perhaps settling the question in a different way in the future. For the reasons he had given he hoped the Government would see their way to accept the Amendment he had proposed.

Amendment proposed—

"In page 1, line 9, after the word 'shall,' to insert the words, 'when quarter sessions so determine.'"—(Mr. J. H. Lewis.)

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

*

said the object of the hon. Member's Amendment was to wait to see how the Bill operated in neighbouring counties; and he also desired that there should be a general local option in regard to the Act altogether. The Government thought the Bill was for the general benefit of the public and he saw no reason why the principle laid down should not apply all round. On these grounds he could not agree to the Amendment.

said that after his experience on the Licensing Bench he was quite certain that justices would object to the alteration proposed in the Bill. It would be entirely against the public interest and there would be considerable feeling on the part of many licensing justices against putting the Bill in operation. They should have the option as the Amendment proposed to remain on their present footing and not adopt the Bill. The Home Secretary has stated that the Bill was one to reduce licences and that that was a good thing. He admitted that was a good thing, but it certainly was not a more important section of licensing reform than some others. There were half-a-dozen objects of even greater importance than the mere reduction of licences, and, keen as he was himself for restricting the excessive use of liquor, he was certain that this was not a Bill which should be put in operation by a Bench that had the power of effecting reforms in the liquor traffic in other ways. This was a vicious Bill and the local justices should have the power of not adopting it.

said it was only fair that the opinion of the local justices should receive some attention in regard to a Bill of this sort, which they had to administer. The spirit of local option which the Amendment proposed to introduce into the Bill already obtained in regard to the Education Act. It was a spirit which had been found on the whole to make Acts of Parliament work fairly. Whether this Bill was good or bad was outside the question now before the Committee. The magistrate who disapproved of the measure would always be loth to administer it. Yet as a matter of fact Licensing Benches would have, after all, to put the Act into operation. That being so, some power of discrimination in this matter should be left to the licensing justices. Quarter sessions were supposed to know the conditions of a whole county over which they administered justice, and on the whole it was a fair contention that, knowing those conditions, they would he in a better position than the House to apply the Bill. For this reason the elasticity provided for by the Amendment should be put into the Bill.

regretted that the Government could not see their way to make a concession on this point, and all the more so because some of the counties were so extremely large that quarter sessions might reasonably consider that they could not take over the powers of the local justices which were given to them by this Bill, and that they would prefer to see how the experiment worked in other parts of the country. In his own county it was variously estimated that it would take between eighty and 100 years to get the number of licences down to the same level as in the adjoining county of Merioneth. In the course of the debate it had been mentioned that the average cost of a licence would be £800. He believed that was the figure given officially in a pamphlet written on behalf of the trade. Quarter sessions might reasonably flay: "We will see whether some better means of reducing licences cannot be got than this, and in the meantime we will collect experience from all parts of the country." If the right hon. Gentleman would not accept the Amendment he would be bound to press it to a division.

said he believed it was desirable that local justices should have the option, in connection with this Bill, of waiting to get some experience before adopting it. He regretted that the Government had not accepted the Amendment. It appeared to him that the Government were not only determined to make no concessions whatever, but that this Bill was to be put through by sheer force, and that the smallest attempts on the Opposition side of the House to minimise its drastic effects were to be absolutely ignored. He hoped that some concessions which would be likely to make the Bill workable would be granted. Surely the local justices were the best able to judge whether the Bill should be put in operation or not. But it appeared to him no discretion was to be given, even to the Courts of quarter sessions, and that they must adopt and carry out the Bill at all hazards.

said his hon. friend was quite correct in appealing to the analogy of the Education Bill. The great mistake which was made in connection with the Education Bill, and which was having a disastrous effect all over the country at the present moment, was that the areas were too big for any single body to deal with. The Government had already acknowledged their mistake in that respect by adopting smaller areas under the Scotch Education Bill. In the Bill now before the Committee they proposed to have a body which would rest on the advice of officials. The Amendment proposed that power should be left to quarter sessions to divide their administrative areas into districts, and to delegate their duties in that way.

said that, after all, they wanted to give local authorities some option as to what they should do, as they knew what they were fitted for. A protest was made in Devonshire against being saddled with the duties of the Education Act, and now the cost of administration had gone up enormously without any increased efficiency. Who was to pay for the increased staff consequent on the Licensing Bill? He was certain the ratepayers in his county would strongly object. The Government thought the county was a sort of divine area. A county could do no wrong, but anything less than a county area was hopeless. If a county was fitted to carry out the duties surely it was fitted to know whether it should carry them out or not. These were entirely novel proposals and he would ask the Government to give some elasticity to county bodies as to what they should put in force. Owing to the drastic proposals of the Government he did not know what this Bill really proposed to do. Supposing the county justices did not put the Bill in force, were there any compulsory powers provided to compel them to put it in force? He might be told that that

AYES.

Ainsworth, John StirlingGladstone, Rt. Hn. Herbert JohnPerks, Robert William
Allen, Charles P.Goddard, Daniel FordPhilipps, John Wynford
Asquith, Rt. Hn. Herbert HenryGrey, Rt. Hon. Sir E. (Berwick)Price, Robert John
Barlow, John EmmottGriffith, Ellis J.Reddy, M.
Bayley, Thomas (Derbyshire)Hain, EdwardReid, Sir R. Threshie (Dumfries
Beaumont, Wentworth C. B.Haldane, Rt. Hon. Richard B.Rigg, Richard
Benn, John WilliamsHarcourt, Rt Hn Sir W (Monm'thRobertson, Edmund (Dundee)
Boland, JohnHayter, Rt. Hon. Sir Arthur D.Roche, John
Bryce, Rt. Hon. JamesHemphill, Rt. Hon. Charles H.Russell, T. W.
Burt, ThomasHenderson Arthur (Durham)Samuel, S. M. (Whitechapel)
Buxton, Sydney CharlesHigham, John SharpeSchwann, Charles E.
Caldwell, JamesHobhouse, C. E. H. (Bristol, E.)Shackleton, David James
Campbell-Bannerman, Sir H.Hutchinson, Dr. Charles Fredk.Shaw, Charles Edw. (Stafford)
Cawley, FrederickHutton, Alfred E. (Morley)Shaw, Thomas (Hawick, B.)
Channing, Francis AllstonJacoby, James AlfredShipman, Dr. John G.
Condon, Thomas JosephJones, William (Carnarvonshire)Sinclair, John (Forfarshire)
Corbett, A. Cameron (Glasgow)Jordan, JeremiahSloan, Thomas Henry
Craig, Robert Hunter (Lanark)Joyce, MichaelSoames. Arthur Wellesley
Cremer, William RandalKitson, Sir JamesStanhope, Hon. Philip James
Cross, Alexander (Glasgow)Lambert, GeorgeStrachey, Sir Edward
Davies, Alfred (Carmarthen)Langley, BattySullivan, Donal
Davies, M. Vaughan (Cardigan)Law, Hugh Alex. (Donegal, W.)Thomas, Sir A. (Glamorgan, E.).
Delany, WilliamLeigh, Sir JosephThomas, David Alfred (Merthyr)
Devlin, Charles Ramsay (GalwayLevy, MauriceThomas J A (Glamorgan Gower)
Dilke, Rt. Hon. Sir CharlesLundon, W.Ure, Alexander
Dobbie, JosephMacnamara, Dr. Thomas J.Wallace, Robert
Dunn, Sir WilliamMacNeill, John Gordon SwiftWason, Eugene (Clackmannan)
Elibank, Master ofMacVeagh, JeremiahWason, John Cathcart (Orkney
Emmott, AlfredM'Arthur, William (Cornwall)White, Luke (York, E.R.)
Esmonde, Sir ThomasM'Laren, Sir Charles BenjaminWhitley, J. H. (Halifax)
Evans, Sir Francis H (MaidstoneMappin, Sit Frederick ThorpeWilliams, Osmond (Merioneth
Eve, Harry TrelawneyMarkham, Arthur BasilWilson, Charles Henry (Hull, W.)
Fenwick, CharlesMitchell, Edw. (Fermanagh, N.)Wilson, Fred. W. (Norfolk, Mid)
Ferguson, R. C. Munro (Leith)Murphy, JohnWilson, John (Falkirk)
Fitzmaurice, Lord EdmondNewnes, Sir GeorgeWood, James
Flavin, Michael JosephO'Brien, Kendal (Tipperary Mid)Woodhouse, Sir J.T. (Hudd'rsf'd
Foster, Sir Walter (Derby Co.)O'Donnell, T. (Kerry, W.)
Fowler, Rt. Hon. Sir HenryO'Shaughnessy, P. J.TELLERS FOR THE AYES—Mr.
Fuller, J. M. F.Parrott, WilliamHerbert Lewis and Mr.
Furness, Sir ChristopherPartington, OswaldJohn Johnson.

question would arise later on, but it might be wiped out by closure by compartments. The Amendment of his hon. friend was perfectly conciliatory, and if the Government were not proof against accepting any suggestion for the improvements of the Bill, which he was afraid they were, he hoped they would give a favourable ear to his hon. friend's proposal. If not, it would only be another case of the extravagant inefficiency caused by this scheme of the Government, which meant something like centralisation gone mad. If they were met with a blank refusal by the Government they could, of course, only support their opinion in the Division Lobby.

Question put.

The Committee divided:—Ayes, 116; Noes, 271. (Division List No. 204.)

NOES.

Agg-Gardner, James TynteDoxford, Sir William TheodoreKnowles, Sir Lees
Agnew, Sir Andrew NoelDuke, Henry EdwardLaurie, Lieut.-General
Aird, Sir JohnDurning-Lawrence, Sir EdwinLaw, Andrew Bonar (Glasgow
Anson, Sir William ReynellDyke, Rt. Hn. Sir William HartLawson, J. Grant (Yorks. N.R.
Arrol, Sir WilliamEgerton, Hon. A. de TattonLee, Arthur H. (Hants., Fareh'm
Atkinson, Rt. Hon. JohnElliot, Hon. A. Ralph DouglasLegge, Col. Hon. Heneage
Aubrey-Fletcher, Rt. Hn. Sir HFaber, Edmund B. (Hants, W.Llewellyn, Evan Henry
Austin, Sir JohnFergusson, Rt. Hn Sir J. (Manc'rLoder, Gerald Walter Erskine
Bailey, James (Walworth)Fielden, Edward BrocklehurstLong, Col. Chas. W. (Evesham
Bain, Colonel James RobertFinch, Rt. Hon. George H.Long, Rt. Hn. Walter (Bristol, S
Baird, John George AlexanderFinlay, Sir Robert BannatyneLonsdale, John Brownlee
Balcarres, LordFisher, William HayesLowe, Francis William
Balfour, Rt. Hn. A. J. (Manch'r)Fison, Frederick WilliamLowther, C. (Cumb. Eskdale)
Balfour, Rt. Hn. Gerald W. (LeedsFitzGerald, Sir Bobert Penrose-Loyd, Archie Kirkman
Banbury, Sir Frederick GeorgeFitzroy, Hn. Edward AlgernonLucas, Reginald J. (Portsmouth
Barry, Sir Francis T. (Windsor)Flannery, Sir FortescueLyttelton, Rt. Hon. Alfred
Bathurst, Hon. Allen BenjaminFlower, Sir ErnestMacdona, John dimming
Bhownaggree, Sir M. M.Forster, Henry WilliamMacIver, David (Liverpool)
Bignold, ArthurFoster, Philip S. (Warwick, S. WMaconochie, A. W.
Bill, CharlesGalloway, William JohnsonM'Fadden, Edward
Blundell, Colonel Henry.Gardner, ErnestM'Iver, Sir Lewis (Edinburgh)
Bond, EdwardGarfit, WilliamM'Killop, James (Stirlingshire
Boscawen, Arthur Griffith-Gibbs, Hon. A. G. H.Majendie, James A. H.
Bousfield, William RobertGordon, Hn. J.E. (Elgin & NairnManners, Lord Cecil
Bowles, T. Gibson (King's Lynn)Gordon, Maj. Evans (T'r H'mletsMartin, Richard Biddulph
Brodrick, Rt. Hon. St. JohnGorst, Rt. Hn. Sir John EldonMassey-Mainwaring, Hn. W. F.
Brotherton, Edward AllenGoschen, Hon. George JoachimMaxwell, Rt. Hn Sir H.E. (Wig'tn
Brown, Sir Alex. H. (Shropsh.)Goulding, Edward AlfredMaxwell, W. J. H. (Dumfriessh.
Bull, William JamesGraham, Henry RobertMelville, Beresford Valentine
Burdett-Coutts, W.Greene, Henry D. (ShrewsburyMeysey-Thompson, Sir H. M.
Butcher, John GeorgeGreene, W. Raymond (Cambs.)Mildmay, Francis Bingham
Campbell, Rt. Hn. J.A. (Glasgow)Grenfell, William HenryMilvain, Thomas
Carson, R. Hon. Sir Edw. H.Gretton, JohnMontagu, G. (Huntingdon)
Cautley, Henry StrotherGreville, Hon. RonaldMoon, Edward Robert Pacy
Cavendish, V.C.W. (Derbyshire)Groves, James GrimbleMoore, William
Cayzer, Sir Charles WilliamGunter, Sir RobertMorgan, David J. (Walth'stow
Cecil, Evelyn (Aston Manor)Hall, Edward MarshallMorpeth, Viscount
Cecil, Lord Hugh (Greenwich)Halsey, Rt. Hon. Thomas F.Morrell, George Herbert
Chamberlain, Rt. Hn J.A. (Worc.Hambro, Charles EricMorrison, James Archibald
Chamberlayne, T. (S'thampton)Hamilton, Marq. of (L'donderryMorton, Arthur H. Aylmer
Chapman, EdwardHardy, Laurence (Kent, Ashf'dMount, William Arthur
Charrington, SpencerHare, Thomas LeighMurray, Rt. Hn. A. Graham (Bute
Clare, Octavius LeighHarris, F. Leverton (Tynem'thMurray, Chas. J. (Coventry)
Clive, Captain Percy A.Harris, Dr. Fredk. R. (DulwichMurray, Col. Wyndham (Bath
Coates, Edward FeethamHay, Hon. Claude GeorgeMyers, William Henry
Cochrane, Hon. Thos. H. A. E.Heath, James (Staffords., N.W.Newdegate, Francis A. N.
Coddington, Sir WilliamHeaton, John HennikerNolan, Col. John P. (Galway, N.
Coghill, Douglas HarryHelder, AugustusO'Brien, Patrick (Kilkenny)
Cohen, Benjamin LouisHenderson, Sir A. (Stafford, W.Palmer, Walter (Salisbury)
Colomb, Rt. Hn. Sir John C. R.Hickman, Sir AlfredPeel, Hn. Wm. Robert Wellesley
Colston, Chas. Edw. H. (Athole.)Hoare, Sir SamuelPercy, Earl
Cox, Irwin Edw. BainbridgeHobhouse, Rt. Hn. H (Somers't, EPilkington, Colonel Richard
Craig, Chas. Curtis (Antrim, S.)Hogg, LindsayPlatt-Higgins, Frederick
Crean, EugeneHope, J. F. (Sheffield, BrightsidePlummer, Walter R.
Cripps, Charles AlfredHorner, Frederick WilliamPowell, Sir Francis Sharp
Cross, Herb. Shepherd (Bolton)Houldsworth, Sir Wm. HenryPretyman, Ernest George
Crossley, Rt. Hon. Sir SavileHoult, JosephPryce-Jones, Lt.-Col. Edward
Dalkeith, Earl ofHouston, Robert PatersonPurvis, Robert
Dalrymple, Sir CharlesHoward, J. (Midd., TottenhamPym, C. Guy
Davenport, William Bromley-Hozier, Hn. James Henry CecilRankin, Sir James
Davies, Sir Horatio D. (ChathamHudson, George BickerstethRatcliff, R. F.
Denny, ColonelJebb, Sir Richard ClaverhouseReid, James (Greenock)
Dickinson, Robert EdmondJeffreys, Rt. Hn. Arthur Fred.Remnant, James Farquharson
Dickson, Charles ScottJessel, Captain Herbert MertonRenshaw, Sir Charles Bine
Dimsdale, Rt. Hn. Sir Joseph C.Johnstone, Heywood (Sussex)Renwick, George
Disraeli, Coningsby Ralphkennaway, Rt. Hn. Sir John H.Richards, Henry Charles
Dixon-Hartland, Sir Fred DixonKenyon, Hn. Geo. T. (DenbighRidley, S. Forde (Bethnal Green
Doogan, P. C.kenyon-Slaney, Col. W. (SalopRitchie, Rt. Hn. Chas. Thomson
Dorington, Rt. Hn. Sir John E.Kerr, JohnRoberts, Samuel Sheffield
Doughty, Georgekimber, HenryRobertson, Herbert (Hackney)
Douglas, Rt. Hon. A. Akersking, Sir Henry SeymourRobinson, Brooke

Rolleston, Sir John F. L.Stewart, Sir Mark J. M'TaggartWelby, Sir Charles G. G. (Notts.
Rollit, Sir Albert KayeStirling-Maxwell, Sir John M.Wharton, Rt. Hon. John Lloyd
Ropner, Colonel Sir RobertStock, James HenryWhiteley, H. (Ashton und. Lyne
Round, Rt. Hon. JamesStone, Sir BenjaminWhitmore, Charles Algernon
Rutherford, John (Lancashire)Stroyan, JohnWilliams, Colonel B. (Dorset)
Rutherford, W. W. (Liverpool)Strutt, Hon. Charles HedleyWilloughby de Eresby, Lord
Sadler, Col. Samuel AlexanderTalbot, Lord E. (Chichester)Wilson-Todd, Sir W.H. (Yorks.)
Samuel, Sir Harry S(LimehouseTalbot, Rt. Hn. J.G. (Oxf'd Univ.Wolff, Gustav Wilhelm
Sassoon, Sir Edward AlbertTaylor, Austin (East Toxteth)Worsley-Taylor, Henry Wilson
Scott, Sir S. (Marylebone, W.)Thorburn, Sir WalterWortley, Rt. Hon. C. B. Stuart
Seely, Charles Hilton (Lincoln)Tollemache, Henry JamesWrightson, Sir Thomas
Seton-Karr, Sir HenryTomlinson, Sir Wm. Edw. M.Wyndham, Rt. Hon. George
Sharpe, William Edward T.Tritton, Charles ErnestWyndham-Quin, Col. W. H.
Sheehan, Daniel DanielTuff, CharlesYerburgh, Robert Armstrong
Simeon, Sir BarringtonTufnell, Lieut.-Col. EdwardYoung, Samuel
Smith, H.C. (North'mb. TynesideValentia, ViscountYounger, William
Smith, James Parker(Lanarks.Vincent, Col. Sir C.E.H. ( Sheffield
Spear, John WardWalker, Col. William HallTELLERS FOR THE NOES—Sir
Stanley, Hon. Arthur (OrmskirkWarde, Colonel C. E.Alexander Acland-Hood and
Stanley, Edward Jas. (SomersetWebb, Colonel William GeorgeMr. Ailwyn Fellowes.
Stanley, Rt. Hon. Lord (Lancs.Welby, Lt.-Col. A.C.E (Taunton

said that the object of his Amendment was to secure that there should be some provision for a systematic report and inquiry by the justices in each licensing district as regarded public-houses for the guidance of quarter sessions. The consequential part of the Amendment appeared on page twenty-eight of the Amendment Paper. He considered that under the scheme of the Bill it was necessary to transfer those powers from the licensing justices to the quarter sessions; but they should be careful, in doing that, not to unnecessarily weaken the power of the licensing justices. There was no new duty imposed under this Bill on the licensing justices to take any survey of the public-houses in their district and to decide which of them ought to be shut up and which ought to be continued. The great object of this Bill, as they were constantly informed by the Government, was to make a large reduction in the number of public-houses; and it was because of that consideration that many of them voted for the Second Reading. But, unless there was some further provision, that would not be done in all cases. In saying that he did not wish to cast any slur on quarter sessions, of the honour of which the Solicitor-General was so justly jealous. He had no doubt they would do their duty; but that duty would be to deal from time to time with the individual cases referred to them. Quarter sessions would have no initiative; and he contended that the only way in which quarter sessions could get a comprehen- sive view of the conditions, and exercise any intelligent discrimination as to what public-houses should be shut, was to provide within the lour corners of the Bill for a proper and systematic inquiry by the justices in every licensing district, who were the people best acquainted with the facts. It was most important that quarter sessions before they proceeded to administer the compensation fund should have a comprehensive report such as he proposed. Otherwise, there would be certain to be great irregularity, which would be undesirable. There ought to be a proper and systematic report. He had an Amendment further on to provide that the justices of every licensing district should, at their general licensing sessions, or an adjournment thereof, to be held in the year 1905, and in every third subsequent year, inquire into the needs of their district and the number and character of the licensed houses therein, and should make a report to quarter sessions stating the particular on-licences (if any) which in their opinion ought not to be renewed, and any circumstances affecting such licences or the holder thereof which might he material to the renewal or to the value of such licences. If that could be secured, then, and only then, would quarter sessions be able to take a comprehensive view of their duties and decide what was best in the interests of temperance. He did not insist on the exact words of the Amendment; but he hoped the Government would insert an Amendment to carry out his object.

Amendment proposed—

"In page 1, line 9, after the word 'shall' to insert the words 'subject to the provisions of this section for inquiry and report by licensing justices.'"—(Mr. Henry Hobhouse.)

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

said that any Amendment moved by his right hon. friend would naturally receive the fullest consideration from the Government. He was not sure, however, that he quite understood the Amendment except in a general way. He understood it to mean that quarter sessions should every three years take a full survey of the whole situation. What was to follow? If they had to wait until this survey was made every three years in order to see what action should be taken, this would mean a revolution in the present annual system. At present there was annual revision, which, he submitted, was a much better system, for it enabled the licensing authorities to carry out the wishes of the justices in each district as far as they were agreed. He could not see, therefore, what was to be gained by changing the system. The Amendment gave quarter sessions powers of initiation which they did not now possess, and he thought that the annual revision was preferable. The point he did not understand was what action would be taken in the interval between the triennial periods.

said that there was nothing in his Amendment to prevent a report in any year.

said it would be open to the justices to take a survey at any period, and report to quarter sessions. He did not really think anything would be gained by the Amendment. They did not intend to interfere with the licensing justices further than was necessitated by the principles of compensation. It would be impossible, without changing the whole licensing law, to take away the annual revision; and there would be no difficulty in the licensing justices surveying their districts and reporting to quarter sessions. He had not the least objection to confer with the right hon. Gentleman. This was a matter which did not go to the principle of the Bill and he would have pleasure in meeting his hon. friend, if he could, by drafting an Amendment which would carry out the object he desired. He might say that there was a similar Amendment further down on the Paper in the name of the right hon. Gentleman the Member for Ripon, which he was prepared to accept, which had in view that the progress of quarter sessions should be steadily kept under review. That seemed to him to be an important Amendment, keeping strictly in view what was being done, and an Amendment which he was prepared to accept. So far as the wording of this Amendment was concerned, while he did not say an Amendment of this character ought not to be accepted, it gave greater power of control to quarter sessions, and that being so he could not accept it.

said, though they were grateful to the Solicitor-General for what he had said, that he could not help thinking the hon. and learned Gentleman had not entirely apprehended what this Amendment sought to do. The underlying idea was to obtain a triennial or annual review, of the licences of each district. He agreed that it should be an annual review but that was a detail which did not go to the basis of the Amendment. In order that the county authority should do its best and make the best of the compensation fund, it would be necessary to work on what might be called a county scheme. They had to see what had to be done in the county area in order to see how the fund could be worked to the best advantage, and how could a county scheme be arrived at without making the county authority the initiating authority for this reform? What his right hon. friend proposed by his Amendment was not to interfere with the main principle but to so modify it as to obtain the knowledge of the local authority, so as to enable the county authority to use the compensation fund to the best advantage, and he proposed to do so by asking the local Bench of each district to send are port to the county authority of the needs of the district. If that were done the county authority would be able to get out a good county scheme because they would have the local knowledge which every one desired they should have. Instead of having to rely on a chance objection made by an individual they would be able to ask each particular bench of magistrates to draw out the scheme which they thought best for administering the Bill in their own particular district. When the local justices had done that the county authority could act on the full information coming from these local authorities and the fund would be allocated to its true purpose. He asked the Solicitor-General, therefore, to say that, if a scheme could be evolved which would at once preserve the power of the licensing magistrates of the district and at the same time ensure that the quarter sessions had proper information to deal with the fund in the best possible manner under a county scheme, an Amendment should be introduced to bring together those two desirable objects. Every one interested in this licensing question would agree that this would be a great administrative reform and that it would enable this Bill to be carried out in a broad and at the same time a most economical manner. On these grounds he supported the Amendment.

*

said he hoped the Solicitor-General would introduce some words into the Bill to give effect to the principle of the Amendment of his right hon. friend. The Bill as it stood was incomplete without the acceptance of some such Amendment as that. The Solicitor-General had assumed that there was at the licensing sessions at the present time a review of licences with a view of ascertaining where licences were redundant.

*

said he had no doubt of that, but what he desired was that they should not only have the power, but that they should also be reminded of their duty. If words were not put in to impress upon the justices the necessity of considering whether there were, or were not, redundant licences in their district, this Bill would fail in its object. All that was desired by the hon. Member for East Somersetshire was that some words should be introduced which would make it the duty of the licensing justices, either annually or at some other period of time, to consider whether there were in the district redundant licences and what ought to be done with those licences The concession which the Government had made with regard to the imposition upon quarter sessions of the duty of reporting to the Home Secretary was the strongest possible argument in favour of putting upon the licensing justices the duty of reporting to the quarter sessions.

*

said he desired to support the Amendment, but from a different point of view from that of the mover of it. What he hoped would result from this discussion was that that stimulus would be applied to the local justices which, notwithstanding what had been said as to their extreme energy, was requisite looking to the infirmities of human nature. As the general desire was to remove all redundant licences it must be made not only permissible for the local justices to remove them, but a stimulus must be applied to ensure that they should do so. It was for the reason that he desired to see the stimulus applied that he supported the Amendment.

asked whether, in view of the strong feeling on the Government side of the House that something in the direction of the Amendment should be carried out, the Solicitor-General would undertake to introduce a clause. If the matter were postponed to the Report stage, there might, in consequence of the arrangement of new clauses, be some difficulty.

was not sure that he yet understood the object of the Amendment. It appeared to be an attempt to enlarge the power of quarter sessions. Under the Bill the licensing justices were the persons to select the houses to be sent up to quarter sessions. They were bound to do that each year.

said that neither was there any obligation upon the licensing justices now. This was a new complaint. Hitherto the point he had had to meet was that the Government were taking away powers of the licensing justices, but the case here was different. If the selection was left to the licensing justices, how, by sending up a report to quarter sessions, could they effect anything unless the initiation was left to quarter sessions? He did not think the Amendment was necessary, but if the object was to make it clear that it was for brewster sessions to select the cases and for quarter sessions to say whether they agreed or disagreed, he was quite willing to try to meet that view. Under the Bill quarter sessions would have a report from, and a consultation with, the licensing justices, and he failed to see what further assistance in coming to a conclusion would be given by the Amendment. There was also the question of expense. If each year the licensing justices were to send up a report, not merely of the houses which they suggested should be taken away in that year, but of all redundant houses, leaving it to quarter sessions to make a selection, not only would that be a greater infringement upon the rights of the licensing justices than the Bill now made, but it would be necessary for every person interested in each one of those houses to appear annually before quarter sessions, although probably less than one-tenth of the houses would be dealt with in any particular year. That would be almost a prohibitive matter from the point of view of expense. If it was thought to be any advantage that the local magistrates should make the same annual report to the Home Office, and that that Department should distribute it to quarter sessions, he was willing to include that in the Amendment he had promised.

said he was afraid that would not meet the case. His object was that quarter sessions should have from each district not only a report as to the particular houses which were proper subjects for immediate action, but full information as to the other houses which it would be advisable to get rid of in the future, so that they should not dissipate all their money at once. He was sure that was an object which the Government could secure if they liked. This subject would not be discussed on Report owing to the very stringent rules which had been laid down, and he was very much afraid that a mere conference would not produce that effect which would cause the suggestion to be accepted.

*

said that after hearing what the Solicitor-General had said he was thoroughly satisfied. He was of opinion that these powers which the justices had possessed had not always been operative forces in the country, and he thought it would require a considerable amount of pressure on the local justices to make sure that they would put this provision into operation. The Solicitor-General had promised to provide that it should be the duty of the licensing justices to report to the Home Office what they had done under the Act, and probably that would give that stimulus to putting the Act into operation which he desired.

said he did not know whether his right hon. and learned friend appreciated the fact that this Bill gave no stimulus whatever to the licensing justices to take a survey of the needs of the district every year. Clause 2 provided that the licensing justices were to report on the question of the renewal of any particular on-licences. A concrete illustration of what had happened in Liverpool was valuable as a forecast of what was likely to happen under this Bill. In Liverpool they took a number of areas where the property had been demolished, and year by year they considered the redundancy of licences in those areas. After extinguishing a number of licences in any particular area they did not trouble that district again for some time, and possibly would not touch any more licences in that district for many years. That was a illustration of how this Bill ought to work if any good was really going to be done. His hon. friend had stated that in the past some benches of magistrates had been too active while others had not been active enough. What he desired was to give the necessary stimulus to the licensing justices to bring their efforts up to the requirements of temperance reform by directing them to take a survey of the whole needs of the area.

AYES.

Abraham, William (Cork, K.E.)Grant, CorriePaulton, James Mellor
Allen, Charles P.Grey, Rt. Hon. Sir E. (Berwiek)Peel, Hn. Wm. Robert Wellesley
Ashton, Thomas GairGriffith, Ellis J.Perks, Robert William
Asquith, Rt. Hn. Herbert HenryGuest, Hon. Ivor ChurchillPhilipps, John Wynford
Atherley-Jones, L.Gurdon, Sir W. BramptonPrice, Robert John
Barlow, John EmmottHain, EdwardRea, Russell
Barran, Rowland HirstHaldane, Rt. Hon. Richard B.Reckitt, Harold James
Bayley, Thomas (Derbyshire)Harcourt, Lewis V. (Rossendale)Reddy, M.
Beaumont, Wentworth C. BHarcourt, Rt. Hn Sir W(Monm't)Reid, Sir R. Threshie (Dumfries
Bell, RichardHarwood, GeorgeRickett, J. Compton
Benn, John WilliamsHayter, Rt. Hon. Sir Arthur D.Roberts, John Bryn (Eifion)
Bill, CharlesHemphill, Rt. Hon. Charles H.Roberts, John H. (Denbighs.)
Black, Alexander WilliamHenderson, Arthur (Durham)Robertson, Edmund (Dundee)
Roland, JohnHigham, John SharpeRoche, John
Bolton, Thomas DollingHobhouse, C. E. H. (Bristol, E.)Rollit, Sir Albert Kaye
Brigg, JohnHope, John Deans (Fife, West)Rose, Charles Day
Broadhurst, HenryHorniman, Frederick JohnRunciman, Walter
Brown, George M. (Edinburgh)Houldsworth, Sir Wm. HenrySamuel, S. M. (Whitechapel)
Brunner, Sir John TomlinsonHutchinson, Dr. Charles FredkSeely, Charles Hilton (Lincoln)
Buchanan, Thomas RyburnHutton, Alfred E. (Morley)Shackleton, Davin James
Burt, ThomasJacoby, James AlfredShaw, Charles Edw. (Stafford)
Buxton, Sydney CharlesJohnson, John (Gateshead)Shaw, Thomas (Hawick B.)
Caldwell, JamesJoicey, Sir JamesShipman, Dr. John G.
Campbell-Bannerman, Sir HJones, David Brynmor (Swansea)Sinclair, John (Forfarshire)
Cawley, FrederickJones, William (CarnarvonshireSlack, John Bamford
Channing, Francis AllstonJordan, JeremiahSloan, Thomas Henry
Cohen, Benjamin LouisJoyce, MichaelSmith, H C (North'mb. Tyneside
Condon, Thomas JosephKitson, Sir JamesSmith, Samuel (Flint)
Corbett, A. Cameron (GlasgowLambert, GeorgeSoames, Arthur Wellesley
Craig Robert Hunter (Lanark)Langley, BattySpear, John Ward
Cremer, William RandalLawson, Sir Wilfrid (Cornwall)Stanhope, Hon. Philip James
Crombie, John WilliamLayland-Barratt, FrancisStirling-Maxwell, Sir John M.
Crooks, WilliamLeese, Sir Jos. F. (Accrington)Strachey, Sir Edward
Cross, Alexander (Glasgow)Leng, Sir JohnSullivan, Donal
Cullinan, J.Levy, MauriceTaylor, Theodore C. (Radcliffe)
Dalziel, James HenryLewis, John HerbertThomas, Sir A. (Glamorgan, E.)
Davies, Alfred (Carmarthen)Lloyd-George, DavidThomas, David Alfred(Merthyr
Davies, M. Vaughan- (Cardigan)Lough, ThomasThomas, J A (Glamorgan, Gower
Delany, WilliamLundon, W.Tomkinson, James
Dilke, Rt. Hon. Sir CharlesLyell, Charles HenryToulmin, George
Dobbie, JosephMacnamara, Dr. Thomas J.Trevelyan, Charles Philips
Douglas, Charles M. (Lanark)MacNeill, John Gordon SwiftTritton, Charles Ernest
Duncan, J. HastingsMacVeagh, JeremiahUre, Alexander
Dunn, Sir WilliamM'Arthur, William (Cornwall)Wallace, Robert
Edwards, FrankM'Crae, GeorgeWalton, John Lawson(Leeds, S.)
Elibank, Master ofM'Kenna, ReginaldWalton, Joseph (Barnsley)
Ellice, Capt, E.C. (SAndrw's BghsM'Laren, Sir Charles BenjaminWason, Eugene (Clackmannan
Elliot, Hon. A. Ralph DouglasMansfield, Horace RendallWason, J. Cathcart (Orkney)
Ellis, John Edward (Notts.)Mappin, Sir Frederick ThorpeWelby, Sir Charles G.E. (Notts.)
Emmott, AlfredMarkham, Arthur BasilWhite, George (Norfolk)
Esmonde, Sir ThomasMaxwell, W. J. H. (Dumfriessh)White, Luke (York, E. R.)
Evans, Sir Fran. H. (MaidstoneMorgan, J. Lloyd (Carmarthen)Whitley, J. H. (Halifax)
Evans, Samuel T. (GlamorganMorpeth, ViscountWhittaker, Thomas Palmer
Eve, Harry TrelawneyMoss, SamuelWilliams, Osmond (Merioneth)
Fenwick, CharlesMoulton, John FletcherWilson, Chas. Henry (Hull, W.)
Ferguson, R. C. Munro (Leith)Murphy, JohnWilson, Fred. W. (Norfolk, Mid.)
Fielden, Edward BrocklehurstNewnes, Sir GeorgeWilson, Henry J. (York, W.R.)
Fitzmaurice, Lord EdmondNussey, Thomas WillansWilson, John (Falkirk)
Flavin, Michael JosephO'Brien, K. (Tipperary, Mid.)Woodhouse, Sir J T (Huddersf'd
Foster, Sir Walter (Derby Co.)O'Connor, James (Wicklow, W.)Yoxall, James Henry
Fowler, Rt. Hon. Sir HenryO'Donnell, T. (Kerry, W.)
Freeman-Thomas, Captain F.O'Kelly, Jas. (Roscommon, N.)
Fuller, J. M. F.O'Malley, William
Furness, Sir ChristopherO'Shaughnessy, P. J.TELLERS FOR THE AYES—MR.
Gladstone, Rt. Hn. Herbert JohnParrott, WilliamHenry Hobhouse and Mr.
Goddard, Daniel FordPartington, OswaldAustin Taylor.

Question put.

The Committee divided:—Ayes, 192; Noes, 251. (Division List No.205.)

NOES.

Agg-Gardner, James TynteDurning-Lawrence, Sir EdwinLong, Rt. Hn. Walter (Bristol S.)
Agnew, Sir Andrew NoelDyke, Rt. Hn. Sir William HartLonsdale, John Brownlee
Aird, Sir JohnEgerton, Hon. A. do TattonLowe, Francis William
Anson, Sir William ReynellFaber, Edmund R. (Hants, W.)Lowther, C. (Cumb., Eskdale)
Arrol, Sir WilliamFergusson, Rt. Hn. Sir J. (Manc'r)Loyd, Archie Kirkman
Atkinson, Rt. Hon. JohnFinch, Rt. Hon. George H.Lucas, Reginald J (Portsmouth)
Aubrey-Fletcher, Rt. Hn. Sir H.Finlay, Sir Robert BannatyneLyttelton, Rt. Hon. Alfred
Austin, Sir JohnFirbank, Sir Joseph ThomasMacdona, John Gumming
Bailey, James (Walworth)Fisher, William HayesMacIver, David- (Liverpool)
Bain, Colonel James RobertFison, Frederick WilliamMaconochie, A. W.
Baird, John George AlexanderFitzGerald, Sir Robert Penrose-M'Fadden, Edward
Balcarres, LordFitzroy, Hn. Edward AlgernonM'Iver, Sir Lewis ( Edinb'rgh, W.)
Balfour, Rt. Hn. A. J. (Manch'r)Flannery, Sir FortcscueM'Killop, James (Stirlingshire)
Balfour, Capt. C. B. (Hornsey)Flower, Sir ErnestMajendie, James A. H.
Balfour, Rt. Hn Gerald W. (LeedsForster, Henry WilliamMalcolm, Ian
Balfour, Kenneth R. (Christen.Foster, Philip S. (Warwick, S.W.Martin, Richard Biddulph
Banbury, Sir Frederick GeorgeGalloway, William JohnsonMassey-Mainwaring, Hn. W. F.
Barry, Sir Francis T. (Windsor)Gardner, ErnestMaxwell, Rt Hn Sir H.E (Wigt'n
Bathurst, Hon. Allen BenjaminGarfit, WilliamMeysey-Thompson, Sir H. M.
Bhowuaggree, Sir M. M.Gordon, Hn. J.E. (Elgin & NairnMildmay, Francis Bingham
Bignold, ArthurGoschen, Hon. George JoachimMilvain, Thomas
Blundell, Colonel HenryGoulding, Edward AlfredMontagu, G. (Huntingdon)
Bond, EdwardGraham, Henry RobertMontagu, Hn. J. Scott (Hants.)
Boscawen, Arthur Griffith-Gray, Ernest (West Ham)Moon, Edward Robert Pacy
Bousfield, William RobertGreene, Henry D. (Shrewsbury)Morgan, David J (Walthamstow
Brodrick, Rt. Hn. St. JohnGreene, W. Raymond-(Cambs.)Morrell, George Herbert
Brown, Sir Alex. H. (Shropsh.)Grenfell, William HenryMorrison, James Archibald
Bull, William JamesGretton, JohnMorton, Arthur H. Aylmer
Burdett-Coutts, W.Greville, Hon. RonaldMount, William Arthur
Butcher, John GeorgeGroves, James GrimbleMurray, Rt Hn. A. Graham (Bute
Campbell. Rt. Hn. J. A. (GlasgowGunter, Sir RobertMurray, Charles J. (Coventry)
Carlile, William WalterHall, Edward MarshallMurray, Col. Wyndham (Bath)
Carson, Rt. Hon. Sir Edw. H.Halsey, Rt. Hon. Thomas F.Myers, William Henry
Cautley, Henry StrotherHambro, Charles EricNannetti, Joseph P.
Cavendish. V.C.W. (DerbyshireHamilton, Marq. of (L'nd'nderryNewdegate, Francis A. N.
Cayzer, Sir Charles WilliamHardy, Laurence (Kent, AshfordNolan, Col. J. P. (Galway, N.)
Cecil, Evelyn (Aston Manor)Hare, Thomas LeighNolan, Joseph (Louth, South)
Cecil, Lord Hugh (Greenwich)Harris, F. Leverton (Tynem'th)O'Brien, Patrick (Kilkenny)
Chamberlain, Rt Hn J.A. (Wore.Harris, Dr. Fredk. R. (Dulwich)O'Brien, P. J. (Tipperary, N.)
Chamberlayne, T. (S'thamptonHeath, Arthur Howard (HanleyO'Dowd, John
Chaplin, Rt. Hon. HenryHeath, James (Staffords, N.W.)Palmer, Walter (Salisbury)
Chapman, EdwardHeaton, John HennikerPemberton, John S. G.
Charrington, SpencerHendorson, Sir A. (Stafford, W.)Percy, Earl
Churchill, Winston SpencerHickman, Sir AlfredPierpoint, Robert
Clare, Octavius LeighHoare, Sir SamuelPilkington, Colonel Richard.
Clive, Captain Percy A.Hogg, LindsayPlatt-Higgins, Frederick
Coates, Edward FeethamHope, J. F. (Sheffield, BrightsidePowell, Sir Francis Sharp
Cohrane, Hon. Thos. H.A.E.Hoult, JosephPretyman, Ernest George
Coddington, Sir WilliamHouston, Robert PatersonPryce-Jones, Lt.-Col. Edward
Coghill, Douglas HarryHoward, J. (Kent, Faversham)Rankin, Sir James
Colomb, Rt. Hon. Sir John C.R.Howard, J. (Midd., TottenhamRatcliff, R. F.
Colston, Chas. Edw. H. AtholeHozier, Hn. James Henry CecilReid, James (Greenock)
Cox, Irwin Edward BainbridgeHudson, George BickerstethRemnant, James Farquharson
Craig, Charles Curtis (Antrim, S.Jeffreys, Rt. Hon. Arthur FredRenshaw, Sir Charles Bine
Crean, EugeneJessel, Captain Herbert MertonRenwick, George
Cross, Herb. Shepherd (Bolton)Johnstone, Heywood (Sussex)Richards, Henry Charles
Crossley, Rt. Hon. Sir SavileKenyon, Hn. Geo. T. (Denbigh)Ridley, S. Forde (Bethnal Green
Dalkeith, Earl ofKenyon-Slaney, Col. W. (SalopRobertson, Herbert (Hackney)
Dalrymple, Sir CharlesKerr, JohnRobinson, Brooke
Davenport, William BromleyKeswick, WilliamRolleston, Sir John F. L.
Davies, Sir Horatio D. (ChathamKimber, HenryRopner, Colonel Sir Robert
Dickinson, Robert EdmondKing, Sir Henry SeymourRound, Rt. Hon. James
Dickson, Charles ScottKnowles, Sir LeesRutherford, John (Lancashire)
Dimsdale, Rt. Hon. Sir Joseph C.Laurie, Lieut.-GeneralRutherford, W. W. (Liverpool)
Disraeli, Coningsby RalphLaw, Andrew Bonar (Glasgow)Sackville, Col. S. G. Stopford-
Dixon-Hartland, Sir Fred DixonLawson, J. Grant (Yorks. N.R.Sadler, Col. Samuel Alexander
Doogan, P. C.Lee, Arthur H. (Hants., FarehamSamuel, Sir Harry S. (Limehouse
Dorington, Rt. Hn. Sir John E.Legge, Col. Hon. HeneageSassoon, Sir Edward Albert
Doughty, GeorgeLlewellyn, Evan HenryScott, Sir S. (Marylebone, W.)
Douglas, Rt. Hon. A. Akers-Loder, Gerald Walter ErskineSeton-Karr, Sir Henry
Doxford, Sir William TheodoreLong, Col. Charles W. (Evesham)Sharpe, William Edward T.

Sheehan, Daniel DanielTomlinson, Sir Wm. Edw. M.Wilson-Todd, Sir W.H. (Yorks.)
Simeon, Sir BarringtonTuff, CharlesWolff, Gustav Wilhelm
Smith, James Parker (Lanarks.)Tufnell, Lieut.-Col. EdwardWorsley-Taylor, Henry Wilson
Stanley, Hn. Arthur (OrmskirkValentia, ViscountWortley, Rt. Hon. C. B. Stuart-
Stanley, Edward Jas. (Somerset)Vincent, Col. Sir C.E.H. (SheffieldWrightson, Sir Thomas
Stanley, Rt. Hn. Lord (Lancs.)Walker, Col. William HallWyndham, Rt. Hon. George
Stewart, Sir Mark J. M'TaggartWarde, Colonel C. E.Wyndham-Quin, Col. W. H.
Stock, James HenryWebb, Colonel William GeorgeYerburgh, Robert Armstrong
Stone, Sir BenjaminWelby, Lt.-Col. A.C.E. (TauntonYoung, Samuel
Stroyan, JohnWharton, Rt. Hon. John LloydYounger, William
Strutt, Hon. Charles HedleyWhiteley, H. (Ashton und. Lyne
Talbot, Lord E. (Chichester)Whitmore, Charles AlgernonTELLERS FOR THE NOES—Sir
Talbot, Rt. Hn. J.G. (Oxf'd UnivWilloughby de Eresby, LordAlexander Acland-Hood
Thorburn, Sir WalterWilson, A. Stanley (York, E.R.)and Mr. Ailwyn Fellowes.

said he did not propose to move the Amendment standing in his name. He thought it was desirable to support the Amendment to be proposed by the hon. Member for Huddersfield.

*

said he wished to move in line 9 of Clause 1, after "in," to insert "a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number." He said that this Amendment raised the question of the introduction of some representative element in the constitution of the authority which would have to deal with licences. He was fortified in submitting the Amendment by the fact that the principle received the support of both the Majority and Minority Reports of the Royal Commission. He also claimed that the Scottish Act of last year contained precisely the same suggestion he was making. What was good for Scotland ought to be good for England. Apart from that, the introduction of the representative principle was thoroughly justified by the fact that the ratepayers had to pay for the consequences of intemperance in the shape of increased police rates and poor rates and all the consequences that flowed from the excessive use of intoxicating drinks. The ordinary principle of self-government, namely, that what the ratepayers had to pay for they ought to have some right to control, should be observed in this matter. As long ago as 1835 the House of Commons sanctioned that principle, when the Municipal Reform Act of that year was under discussion, by a large majority. The House of Lords rejected the proposal, but the view of the House of Commons was that the whole question of licences should be placed in the hands of municipal corporations. Further, the Conservative Government, when the Local Government Act was being considered in the year 1888, proposed to give a committee of the county council power to deal with licences, so that he had these precedents in support of his Amendment.

Amendment proposed—

"In page 1, line 9, to leave out from the word 'in,' to the word 'but,' in line 10, and insert the words 'a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number.'"—(Sir James Woodhouse.)

Question proposed, "That the words 'quarter sessions' stand part of the clause."

said that the Government were unable to accept the Amendment. The hon. Member had referred to what took place in 1888, when the Conservative Government proposed to make a committee of the county council the authority to administer licences; but the authority of 1888 was based on different principles from those which they were now proposing; although he admitted now proposing; although he admitted that if the proposal of the Government of 1888 had been accepted a great many of the existing difficulties would not have arisen. The Amendment was wholly at variance with the principle followed in drafting the Bill, which had been to make as little change as possible in the existing system and to leave the decision to a judicial body. There were differences of administration in counties and boroughs, but as closely as possible the Bill kept to the existing system. The Amendment would mean a radical change in the existing system, and such was not intended. Really the changes made by the Bill in the licensing system would be small; if the justices refused a renewal of a licence to an applicant, the ultimate decision would rest with the quarter sessions as a judicial body.

There were points of difference in administration between the county boroughs and the county councils. The Government had endeavoured to keep as nearly as possible to the existing system, and to leave to the magistrates the decision of the matters in question. The proposal

AYES.

Agg-Gardner, James TynteClive, Captain Percy A.Galloway, William Johnson
Agnew, Sir Andrew NoelCoates, Edward FeethamGardner, Ernest
Anson, Sir William ReynellCochrane, Hon. Thos. H.A. E.Garfit, William
Arnold-Forster, Rt. Hn. Hugh O.Coddington, Sir WilliamGordon, Hn. J.E. (Elgin & Nairn
Arrol, Sir WilliamCoghill, Douglas HarryGoschen, Hon. George Joachim
Atkinson, Rt. Hon. JohnCohen, Benjamin LouisGoulding, Edward Alfred
Aubrey-Fletcher, Rt. Hn. Sir H.Colston, Chas. Edw. H. AtholeGraham, Henry Robert
Austin, Sir JohnCompton, Lord AlwyneGray, Ernest (West Ham)
Bailey, James (Walworth)Cox, Irwin Edward BainbridgeGreene, Henry D. (Shrewsbury)
Bain, Colonel James RobertCraig, Charles Curtis (Antrim, S.Greene, W. Raymond (Cambs.)
Baird, John George AlexanderCrean, EugeneGrenfell, William Henry
Balcarres, LordCross, Herb. Shepherd (Bolton)Gretton, John
Balfour, Rt. Hn. A. J. (Manch'r)Crossley, Rt. Hon. Sir SavileGreville, Hon. Ronald
Balfour, Capt. C. B. (Hornsey)Dalrymple, Sir CharlesGroves, James Grimble
Balfour, Rt. Hn Gerald W. (LeedsDavenport, William Bromley-Hambro, Charles Eric
Balfour, Kenneth R. (Christch.Davies, Sir Horatio D. (ChathamHamilton, Marq. of (L'nd'derry
Banbury, Sir Frederick GeorgeDickinson, Robert EdmondHardy, Laurence (Kent, Ashford
Barry, Sir Francis T. (Windsor)Dickson, Charles ScottHare, Thomas Leigh
Bathurst, Hon. Allen BenjaminDisraeli, Coningsby RalphHarris, F. Leverton (Tynem'th)
Bhownaggree, Sir M. M.Dixon-Hartland, Sir Fred DixonHatch, Ernest Frederick Geo.
Bignold, ArthurDorington, Rt. Hn. Sir John E.Hay, Hon. Claude George
Bigwood, JamesDoughty, GeorgeHeath, Arthur Howard (Hanley
Bill, CharlesDouglas, Rt. Hn. A. Akers-Heath, James (Staffords. N.W.
Blundell, Colonel HenryDoxford, Sir William TheodoreHelder, Augustus
Bond, EdwardDuke, Henry EdwardHenderson, Sir A. (Stafford, W.
Boscawen, Arthur Griffith-Durning-Lawrence, Sir EdwinHickman, Sir Alfred
Bousfield, William RobertDyke, Rt. Hn. Sir William HartHoare, Sir Samuel
Brodrick, Rt. Hon. St. JohnEgerton, Hon. A. de TattonHogg, Lindsay
Bull, William JamesElliot, Hon. A. Ralph DouglasHope, J.F. (Sheffield. Brightside
Butcher, John GeorgeFaber, Edmuna B. (Hants, W.)Houldsworth, Sir Wm. Henry
Campbell, Rt. Hn. J.A. (GlasgowFergusson, Rt. Hn. Sir J. (Manc'rHoult, Joseph
Carlile, William WalterFielden, Edward BrocklehurstHouston, Robert Paterson
Carson, Rt. Hon. Sir Edw. H.Finch, Rt. Hon. George H.Howard, J. (Midd., Tottenham)
Cautley, Henry StrotherFinlay, Sir Robert BannatyneHozier, Hon. James Henry Cecil
Cavendish, V.C.W. (DerbyshireFirbank, Sir Joseph ThomasHudson, George Bickersteth
Cayzer, Sir Charles WilliamFisher, William HayesJameson, Majer J. Eustace
Cecil, Evelyn (Aston Manor)Fison, Frederick WilliamJeffreys, Rt. Hon. Arthur Fred.
Chamberlain, Rt Hn J.A. (Worc.FitzGerald, Sir Robert PenroseJessel, Captain Herbert Merton
Chamberlayne, T. (S'thamptonFitzroy, Hon. Edward AlgernonJohnstone, Heywood (Sussex)
Chaplin, Rt. Hon. HenryFlannery, Sir FortescueKenyon, Hn. Geo. T. (Denbigh)
Chapman, EdwardFlower, Sir ErnestKenyon-Slaney, Col. W. (Salop
Charrington, SpencerForster, Henry WilliamKerr, John
Clare, Octavius LeighFoster, Philip S. (Warwick, S.W.Kimber, Henry

of the hon. Gentleman would involve a complete change in the existing system, because instead of these cases being referred to quarter sessions they would be referred to a committee, half of whom would be elected by the licensing justices and half by the county council. They proposed to give to the body in which the power now rested the right to say what licence should not be renewed and the exercise of that right accompanied by compensation to be provided by the trade itself. The Amendment would be a radical departure from the proposals in the Bill; and he, therefore, hoped the Committee would not accept it.

Question put.

The Committee divided:—Ayes, 245; Noes, 151. (Division List, No. 206.)

King, Sir Henry SeymourMorton, Arthur H. AylmerSeely, Charles Hilton (Lincoln)
Knowles, Sir LeesMount, William ArthurSheehan, Daniel Daniel
Laurie, Lieut.-GeneralMurray, Rt. Hn. A. Graham (ButeSimeon, Sir Barrington
Law, Andrew Bonar (Glasgow)Murray, Charles J. (Coventry)Smith, James Parker (Lanarks.)
Lawrence, Wm. F. (Liverpool)Murray, Col. Wyndham (Bath)Stanley, Hn. Arthur (Ormskirk)
Lawson, J. Grant (Yorks. N.R.Myers, William HenryStanley, Edw. Jas. (Somerset)
Lee, Arthur H. (Hants., FarehamNannetti, Joseph P.Stanley, Rt. Hon. Lord (Lancs.
Llewellyn, Evan HenryNewdegate, Francis A. N.Stewart, Sir Mark J. M'Taggart
Lockwood, Lieut.-Col. A. R.Nolan, Joseph (Louth, South)Stirling-Maxwell, Sir John M.
Loder, Gerald Walter ErskineO'Brien, Patrick (Kilkenny)Stock, James Henry
Long, Col. Charles W. (EveshamO'Brien, P. J. (Tipperary, N)Stone, Sir Benjamin
Long, Rt. Hn. Walter (Bristol, S.)Palmer, Walter (Salisbury)Stroyan, John
Lonsdale, John BrownleePeel, Hn. Wm. Robert WellesleyStrutt, Hon. Charles Hedley
Lowe, Francis WilliamPemberton, John S. G.Talbot, Lord E. (Chichester)
Lowther, C. (Cumb., Eskdale)Percy, EarlTollemache, Henry James
Loyd, Archie KirkmanPierpoint, RobertTomlinson, Sir Wm. Edw. M.
Lucas, Col. Francis (Lowestoft)Pilkington, Colonel RichardTuff, Charles
Lucas, Reginald J. (Portsmouth)Platt-Higgins, FrederickTufnell, Lieut.-Col. Edward
Lyttelton, Rt. Hon. AlfredPowell, Sir Francis SharpValentia, Viscount
Macdona, John CummingPretyman, Ernest GeorgeVincent, Col. Sir C.E.H (Sheffield
MacIver, David (Liverpool)Pryce-Jones, Lt.-Col. EdwardWalker, Col. William Hall
M'Fadden, EdwardPym, C. GuyWelby, Lt.-Col A.C.E. (Taunton
M'Iver, Sir Lewis (Edinburgh, W.Rankin, Sir JamesWelby, Sir Charles G.E. (Notts.)
M'Killop, James (Stirlingshire)Ratcliff, R. F.Whiteley, H. (Ashton und. Lyne
Majendie, James A. H.Reid, James (Greenock)Willoughby de Eresby, Lord
Malcolm, IanRemnant, James FarquharsonWilson, A. Stanley (York, E.R.)
Martin, Richard BiddulphRenshaw, Sir Charles BineWilson-Todd, Sir W.H. (Yorks.)
Massey-Mainwaring, Hn. W.F.Richards, Henry CharlesWolff, Gustav Wilhelm
Maxwell, Rt. Hn. Sir H.E. (Wigt'nRidley, S. Forde (Bethnal GreenWorsley-Taylor, Henry Wilson
Maxwell, W.J.H. (DumfriesshireRobertson, Herbert (Hackney)Wortley, Rt. Hon. C. B. Stuart
Meysey-Thompson, Sir H. M.Robinson, BrookeWyndham, Rt. Hon. George
Mesey-Thompson, Sir H. M.Rolleston, Sir John F. L.Wyndham-Quin, Col. W. H.
Mildmay, Francis BinghamRollit, Sir Albert KayeYerburgh, Robert Armstrong
Milvain, ThomasRopner, Colonel Sir RobertYoung, Samuel
Montagu, G. (Huntingdon)Round, Rt. Hon. JamesYounger, William
Montagu, Hn. J. Scott (Hants)Rutherford, W. W. (Liverpool)
Moon, Edward Robert PacySackville, Col. S. G. StopfordTELLERS FOR THE AYES—Sir
Morgan, David J. (WalthamstowSadler, Col. Samuel AlexanderAlexander Acland-Hood and
Morpeth, ViscountSamuel, Sir Harry S. (LimehouseMr. Ailwyn Fellowes.
Morrell, George HerbertSassoon, Sir Edward Albert
Morrison, James ArchibaldScott, Sir S. (Marylebone, W.)

NOES.

Abraham, William (Cork, N.E.)Cross, Alexander (Glasgow)Gorst, Rt. Hon. Sir John Eldon
Ashton, Thomas GairDalziel, James HenryGrant, Corrie
Atherley-Jones, L.Davies, Alfred (Carmarthen)Grey, Rt. Hn. Sir E. (Berwick)
Barlow, John EmmottDavies, M. Vaughan (CardiganGriffith, Ellis J.
Barron, Rowland HirstDelany, WilliamGuest, Hon. Ivor Churchill
Bayley, Thomas (Derbyshire)Dilke, Rt. Hon. Sir CharlesGurdon, Sir W. Brampton
Beaumont, Wentworth C. B.Dobbie, JosephHarcourt, Lewis V. (Rossendale
Bell, RichardDoogan, P. C.Harcourt, Rt Hn Sir W (Monm'th
Benn, John WilliamsDouglas, Charles M. (Lanark)Harwood, George
Black, Alexander WilliamDunn, Sir WilliamHemphill, Rt. Hon. Charles H.
Boland, JohnEdwards, FrankHenderson, Arthur (Durham)
Bolton, Thomas DollingElibank, Master ofHigham, John Sharpe
Brigg, JohnEllice, Capt E C (S Andrw's Bghs)Hobhouse, C. E. H. (Bristol, E.)
Broadhurst, HenryEllis, John Edward (Notts.)Hope, John Deans (Fife, West)
Brown, George M. (Edinburgh)Emmott, AlfredHorniman, Frederick John
Brunner, Sir John TomlinsonEvans, Sir Francis H. (MaidstoneHutton, Alfred E. (Morley)
Burt, ThomasEvans, Samuel T. (Glamorgan)Johnson, John (Gateshead)
Caldwell, JamesEve, Harry TrelawneyJoicey, Sir James
Campbell, John (Armagh, S.)Fenwick, CharlesJones William(Carnarvonshire
Campbell-Bannerman, Sir H.Ferguson, R. C. Munro (Leith)Jordan, Jeremiah
Cawley, FrederickFlavin, Michael JosephJoyce, Michael
Condon, Thomas JosephFoster, Sir Waiter (Derby Co.)Kennedy, Vincent P. (Cavan, W.
Gorbett, A. Cameron (Glasgow)Freeman-Thomas, Captain F.Kitson, Sir James
Craig, Robert Hunter (Lanark)Fuller, J. M. F.Lambert, George
Cremer, William RandalGladstone, Rt. Hn. Herbert JohnLangley Batty
Crooks, WilliamGoddard, Daniel FordLaw, Hugh Alex. (Donegal, W.)

Lawson, Sir Wilfrid (CornwallO'Shaughnessy, P. J.Taylor, Theodore G (Radcliffe)
Leese, Sir Joseph F. (AccringtonParrott, WilliamThomas, Sir A. (Glamorgan, E.)
Leng, Sir JohnPartington, OswaldThomas, David Alfred (Merthyr
Lewis, John HerbertPaulton, James MellorThomas, J A (Glamorgan, Gower
Loyd-George, DavidPhilipps, John WynfordTomkinson, James
Lundon, W.Reckitt, Harold JamesToulmin, George
Lyell, Charles HenryReddy, M.Ure, Alexander
MacNeill, John Gordon SwiftRickett, J. ComptonWallace, Robert
MacVeagh, JeremiahRoberts, John Bryn (Eifion)Walton, John Lawson (Leeds
M'Arthur, William (Cornwall)Roberts, John H. (Denbighs.)Walton, Joseph (Barnsley)
M'Crae, GeorgeRoche, JohnWason, Eugene (Clackmannan)
M'Laren, Sir Charles BenjaminRunciman, WalterWason John Cathcart (Orkney)
Mansfield, Horace RendallRussell, T. W.White, George (Norfolk)
Markham, Arthur BasilSamuel, S. M. (Whitechapel)White, Luke (York, E.R.)
Mitchell, Edw. (Fermanagh, N.)Seely, Maj. J.E.B. (Isle of WightWhitley J. H. (Halifax)
Morgan, J. Lloyd (Carmarthen)Shackleton, David JamesWhittaker, Thomas Palmer
Moss, SamuelShaw, Charles Edw. (Stafford)Williams, Osmond (Merioneh)
Moulton, John FletoherShaw, Thomas (Hawick B.)Wilson, Fred. W. (Norfolk, Mid.)
Murphy, JohnShipman, Dr. John G.Wilson, Henry J. (York, W.R.
Newnes, Sir GeorgeSlack, John BamfordWilson, John (Falkirk)
Nussey, Thomas WillansSloan, Thomas HenryWood, James
O'Brien, Kendal(Tipperary MidSmith, Samuel (Flint)
O'Connor, James(Wicklow, W.)Spear, John WardTELLERS FOR THE NOES—
O'Donnell, T. (Kerry, W.)Stanhope, Hon. Philip JamesMr. Channing and Mr.
O' Kelly, James(Rosoommon, N.Strachey, Sir EdwardCharles Allen
O'Malley, WilliamSullivan, Donal

*

said he had been astonished, not to say dismayed, to hear the President of the Local Government Board assume as a fact that the quarter sessions in discharging the duties to be discharged under this Bill would act as a judicial body. Everyone conversant with the duties of quarter sessions would know that they had two separate and distinct sets of duties, one of them administrative and the other judicial. There was no difficulty in distinguishing between the administrative duties which had devolved on justices by the practice of centuries and the operation of Acts of Parliament and a different character. It was essential their judicial duties which were of quite that Parliament should decide whether the duties devolving on quarter sessions through this Bill, which was an administrative measure, should be performed by quarter sessions as a judicial or an administrative body. He submitted that these administrative duties should be performed by quarter sessions as an administrative body. And, it being half-past Seven of the clock, the Chairman left the Chair to make his Report to the House.

Committee report again this evening.

Evening Sitting

Licensing Bill 1St Allotted Dat

Considered in Committee

(In the Committee.)

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

Clause 1:—

*

continuing his speech, contended that if the Bill were examined it would be seen that it was impossible that it could have ever been intended that it was to be administered on judicial principles; there was no con test, and the whole matter was one of administration. There could be no judicial decisions, no parties and no dispute which required a tribunal or procedure to deal with them on judicial lines. He asked the Government to consider whether there were not some means by which they could define the powers which the justices were to exercise. If some were to be judicial let them be selected and declared to be powers to be administered judicially. But having regard to the fact that the major part of these powers were purely administrative powers, he asked the Government to make the matter clear in the Act. If they did not make it clear that the whole of the powers were administrative and were to be exercised with the freedom with which administrative powers were exercised by administrative bodies in this country, at any rate let them declare what the judicial powers were and leave the local authority free to administer the administrative powers. He begged to move.

Amendment proposed—

"In page 1, line 9, after the word 'sessions,' to insert the words 'acting as an administrative body.'"—(Mr. Duke.)

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

said so far as he could see this discussion was purely of an academic nature. There was no doubt that many of the duties to be performed were purely of an administrative character. It could be gathered from the Bill, without setting out the fact, that quarter sessions was acting as an administrative body. His hon. and learned friend was correct in saying that many of the duties of quarter sessions under this Bill would be administrative. Licensing and setting up the compensation fund were purely matters of administration, but there were other duties cast on quarter sessions by this Bill which could not be described as other than judicial. In all cases of appeal from the licensing justices and in all matters specified in the first sub-section they would act judicially. A licence-holder who was refused a renewal might appeal to quarter sessions, and there again they would have to act in a judicial capacity. The licensing authorities might report that there were too many licensed houses in the district, and in that case a licence-holder whose licence was to be extinguished had a right to appeal to quarter sessions and say, "It is quite true that you say my licence ought to be taken away but I dispute that." Such a thing as that would constitute the very case which his hon. and learned friend said would necessitate a judicial decision, inasmuch as there would be a dispute between the parties. Quarter sessions were also entitled to hear other parties interested, which would include the justices who made the order. To draw a distinction between one set of cases in which they would be acting in a judicial capacity and another set of cases equally important, as leading to the same result, and to lay it down that in the latter they must act in a purely administrative character, would be a monstrous thing to do.

*

asked the Solicitor-General would the quarter sessions administer the principles of law or doctrines of equity?

said they would administer both. The insertion of the words "acting as an administrative body" would leave it open to quarter sessions to say in regard to particular matters that although they had litigants and advocates before them and had to hear evidence, they, nevertheless, were not acting in a judicial capacity. The important thing was to know what duties were imposed, their nature, and how they were to be carried out. There would be no difficulty in determining, where necessary, when quarter sessions were acting judicially and when administratively.

noted the statements of the Solicitor-General that in accordance with the Act of 1902 the justices would still be heard upon these applications, and that in dealing with the personal and public rights involved there would be an opportunity for legal assistance, if necessary, in determining what were essentially judicial questions. He could not, however, follow the right hon. and learned Gentleman in his distinction between the administrative and judicial functions of quarter sessions. The appointment of the compensation fund provided not by the State or the public, but by the whole body of licence-holders themselves, the want of which had been one great obstacle to temperance reform, and the cessation of which, under a time limit, would, he felt as a magistrate, be a new and even greater impediment to such reform, which he heartily favoured, but for which personally he relied more upon education than upon legislation—was administrative; but the private question whether a licensee should or should not have his licence renewed, and the important public question whether the licence should or should not be renewed in the public interest owing to an excess of licensed houses in the district, was as clearly a matter of justice and to be judicially determined by the magistrates, who had always been bound, in law, not to act merely arbitrarily, but to exercise a real judicial discretion. The insertion of the words now proposed would be restrictive of the operation of the Bill. Two great questions would have to be dealt with judicially—first: Whether a licensee ought to be deprived of his licence on public grounds; and, secondly: Whether a particular house was required or not. In the former a private, and in the latter a public interest was concerned. The calculation of the compensation might be an administrative act, but it was merely a corollary of what quarter sessions must have previously determined judicially, viz., whether or not a licence should be renewed. The determination on the report of the local justices would frequently involve very important judicial considerations. As to the Bill derogating from the power of the local justices, he believed that a formal reasoned report, which would always be before quarter sessions, would have more influence and be more difficult to displace, because the onus of displacing it would be cast upon the virtual appellant. There ought to be in the future as there had teen in the pasta judicial determination of questions which were still really to be the subject of an automatic appeal. He hoped, therefore, the Bill would not be restricted by the insertion of the Amendment, which would restrict the duty owed towards both the publican and the public, each of whom were entitled to justice, and he noted from the speech of the Solicitor-General that the practice before the magistrates at brewster sessions would be maintained intact, and also that the parties interested and the local justices would still be entitled to legal assistance on such judicial points at quarter sessions, while in the county boroughs the abolition of any appeal to the quarter sessions for the county was an unquestionable concession to a long-standing grievance. Compensation, the fund for which might well have been made more adequate, and in which alone, and not in the licence, any vested interest was created, was the corollary of the refusal to renew, was thus administrative, but there was a previous question to be determined, renewal or non-renewal, and this was a judicial one from both points of view. But, it was contended, that the new practice would derogate from the powers and influence of the local justices. As to this, and as both a county and a borough magistrate, and a former legal practitioner in licensing cases on each side as to renewal or non-renewal and as to new licences, he respectfully but strongly differed. For, under the existing practice, the right of appeal from brewster to quarter sessions against non-renewal on; the ground of excession of number of houses was absolute and practically always exercised. And the change proposed to be made in the case of such non-renewals was really an automatic appeal. With this difference, that the local justices, who, it had been legally decided, should not be represented on the appeal except under special circumstances, who were sometimes represented and sometimes not, and who, it was understood, would still retain any right to appear, and under the Act of 1902 would also be empowered to make a written and reasoned report to quarter sessions in every case of non-renewal on public grounds of excess of number of houses; and, whether the justices were represented or not, this report would always be read and largely referred to. Now, as a magistrate, he felt that such a report from a competent Court would receive more respect than any mere ex parte advocacy, inasmuch as it would be founded on local knowledge and experience, while it would be adjudicated upon by an independent judicial tribunal. It would, of course, be treated, as all such Court reports were by appeal tribunals, with respect, while it would have the effect, which advocacy on a rehearing never could have, of casting the onus of displacing it upon the party who impeached it, a legal consideration the importance of which any magistrate or practitioner would appreciate. And this was clearly not an administrative matter, but one which he himself and other magistrates, would always seek to determine as a judicial; question and by the exercise of an impartial discretion, after hearing the justices' report, and that the parties, including the local magistrates, had to say upon it; and surely this was no reduction of such magistrates' powers, but, so far as it was more than an automatic equivalent of the existing absolute right of appeal to quarter sessions, rather an increase of power than otherwise. But all this was essentially judicial, not merely administrative, and such being the case he must oppose the Amendment of his hon. friend.

*

supported the Amendment, which he submitted clearly declared the law as laid down by the highest tribunals in the land—viz., that the determination of the question of the renewal of a licence, on the ground of non-requirement, was an administrative and not a judicial act. The only reason which had been avowed for vesting this duty in quarter sessions was that they were to dispense the compensation fund, but as an administrative and not as a judicial duty, so that no ground had been alleged for turning the tribunal of quarter sessions from an administrative into a judicial body in that sense. The report was to be sent from the licensing justices to the quarter sessions, not as a Court of Appeal, but as an authority who were to deal with it as an originating and determining body; and he submitted that there was a broad distinction between quarter sessions hearing an appeal, and determining a matter as an originating body with sole power to decide. The moment the question was considered in connection with a county borough the absurdity of the position became apparent. In county boroughs the whole body of justices,

AYES.

Ashton, Thomas GairCorbett, A. Cameron (Glasgow)Evans, Samuel T. (Glamorgan)
Barlow, John EmmottCorbett. T. L. (Down, North)Eve, Harry Trelawney
Bayley, Thomas (Derbyshire)Craig, Robert Hunter (Lanark)Fenwick, Charles
Bell, RichardCremer, William RandalFerguson, R. C. Munro (Leith)
Benn, John WilliamsCrombie, John WilliamFoster, Sir Walter (Derby Co.)
Black, Alexander WilliamCrooks. WilliamFuller, J. M. F.
Boland, JohnCross, Alexander (Glasgow)Grant, Corrie
Bolton, Thomas DollingCullinan, J.Griffith, Ellis J.
Brigg, JohnDalziel, James HenryGurdon, Sir W. Brampton
Broadhurst, HenryDavies, Alfred (Carmarthen)Harwood, George
Brunner, Sir John TomlinsonDavies. M. Vaughan- (CardiganHemphill, Rt. Hon. Charles H.
Burke, E. Haviland-Delany, WilliamHigham, John Sharpe
Burns, JohnDobbie, JosephHolland, Sir William Henry
Burt, ThomasDoogan, P. C.Hope, John Deans (Fife, West)
Caldwell, JamesDouglas. Charles M. (Lanark)Horniman, Frederick John
Campbell, John (Armagh, S.)Dunn, Sir WilliamJohnson, John (Gateshead)
Cawley, FrederickEdwards, FrankJones, William (Carnarvonshire
Channing, Francis AllstonEllice, Capt. E C(S. Andrw's BghsJordan, Jeremiah
Condon, Thomas JosephEllis, John Edward (Notts.)Joyce, Michael

having no power to determine the matter themselves, would send it to a committee of their own members to decide finally, so that, according to the Solicitor-General, the whole body would be an administrative body, while the committee of the larger body would be a judicial body. Anybody who had had experience of the working of the licensing law would be compelled to agree with the hon. and learned Member for Plymouth.

agreed that there were times when quarter sessions had to act in an administrative capacity, but he thought the case which had been put forward demonstrated that when it was a question of dealing with the report of a committee, consisting practically of a minority of the magistrates of a county borough, they were bound to act in a judicial capacity. The hon. and learned Member for Plymouth had at any rate made out a case for a clear definition, although possibly the present was not the occasion upon which the Solicitor-General would prefer to give it. Quarter sessions had to determine the number of licences to be sacrificed, and they could not be said to be acting in a strictly judicial capacity until they had actually singled out the individual victims, and then every person interested ought, to be heard.

Question put.

The Committee divided:—Ayes, 132; Noes, 124. (Division List No. 207.)

Kennedy, Vincent P. (Cavan, W.O'Brien, Kendal(Tipperary Mid.Sullivan, Donal
Kilbride, DenisO'Doherty, WilliamTaylor, Theodore C. (Ridcliffe)
Kitson, Sir JamesO'Donnell, T. (Kerry, W.)Tennant, Harold John
Lambert, GeorgeO'Shaughnessy, P. J.Thomas, Sir A. (Glamorgan, E.)
Langley, BattyParrott, WilliamThomas, David Alfred(Merthyr)
Laurie, Lieut.-GeneralPhilipps, John WynfordThomas, J. A. (Glamorgan, Gowe)
Lawson, Sir Wilfrid Cornwall)Power, Patrick JosephTomkinson, James
Leese Sir Joseph F. (AccringtonReckitt, Harold JamesToulmin, George
Leigh, Sir JosephReddy, M.Trevelyan, Charles Philips
Leng, Sir JohnReid, Sir R. Threshie (Dumfries)Wallace, Robert
Lewis, John HerbertRoberts, John Bryn (Eifion)Walton, John Lawson (Leeds, S.)
Lloyd-George, DavidRoberts, John N. (Denbighs.)Wason, Eugene (Clackmannan)
Lundon, W.Robertson, Edmund (Dundee)White, George (Norfolk)
Lyell, Charles HenryRoche, JohnWhite, Luke (York, E.R.)
MacNeill, John Gordon SwiftRunciman, WalterWhitley, J. H. (Halifax)
MacVeagh, JeremiahRussell, T. W.Whittaker, Thomas Palmer
M'Arthur, William (Cornwall)Samuel, S. M. (Whitechapel)Williams, Osmond (Merioneth)
M'Crae, GeorgeSchwann, Charles E.Wilson, Henry J. (York, W.R.)
M'Kenna, ReginaldShackleton, David JamesWilson, John (Falkirk)
Mansfield, Horace KendallShaw, Thomas (Hawick B.)Wood, James
Markham, Arthur BasilSheehy, DavidYoxall, James Henry
Morgan, J. Lloyd (Carmarthen)Shipman, Dr. John G.
Morley, Charles (Breconshire)Slack, John BamfordTELLERS FOE THE AYES—
Morpeth, ViscountSloan, Thomas HenryMr. Duke and Sir James
Moss, SamuelSmith, Samuel (Flint)Woodhouse.
Newnes, Sir GeorgeSoames, Arthur Wellesley
Norton, Capt. Cecil WilliamStirling-Maxwell, Sir John M.

NOES.

Agg-Gardner, James TynteCrean, EugeneHelder, Augustus
Anson, Sir William ReynellCross, Herb. Shepherd (Bolton)Hermon-Hodge, Sir Robert T.
Arkwright, John StanhopeCrossley, Rt. Hon. Sir SavileHickman, Sir Alfred
Arnold-Forster, Rt. Hn. Hugh O.Cubitt, Hon. HenryHoare, Sir Samuel
Arrol, Sir WilliamDalkeith, Earl ofHogg, Lindsay
Atkinson, Rt. Hon. JohnDalrymple, Sir CharlesHope J. F. (Sheffield, Brightside
Aubrey-Fletcher, Rt. Hn. Sir H.Davenport, William Bromley-Houldsworth, Sir Wm. Henry
Austin, Sir JohnDavies Sir Horatio D. (ChathamHouston, Robert Paterson
Bagot, Capt. Josceline FitzRoyDickinson, Robert EdmondJebb, Sir Richard Claverhouss
Bailey, James (Walworth)Dickson, Charles ScottJeffreys, Rt. Hon. Arthur Fred
Bain, Colonel James RobertDoughty, GeorgeJohnstone, Heywood (Sussex)
Baird, John George AlexanderDouglas, Rt. Hon. A. AkersKenyon, Hn. Geo. T. (Denbigh)
Balcarres, LordDoxford, Sir William TheodoreKenyon-Slaney, Col. W. (Salop.
Balfour, Rt. Hn. A. J. (Manch'rDurning-Lawrence, Sir EdwinKerr, John
Balfour, Rt. Hn. Gerald W (LeedsDyke, Rt. Hn. Sir William HartKing, Sir Henry Seymour
Banbury, Sir Frederick GeorgeEgerton, Hon. A. de TattonKnowles, Sir Lees
Bhownaggree, Sir M. M.Finch, Rt. Hon. George H.Law, Andrew Bonar(Glasgow)
Bignold, ArthurFinlay, Sir Robert BannatyneLawrence, Wm. F. (Liverpool)
Bigwood, JamesFirbank, Sir Joseph ThomasLawson, John Grant (Yorks. N.R
Blundell, Colonel HenryFison, Frederick WilliamLee, Arthur H. (Hants., Fareham
Bond, EdwardFlower, Sir ErnestLlewellyn, Evan Henry
Boscawen, Arthur Griffith-Forster, Henry WilliamLockwood, Lieut.-Col. A. R.
Bousfield, William RobertGalloway, William JohnsonLoder, Gerald Walter Erskine
Brodrick, Rt. Hon. St. JohnGardner, ErnestLong, Col. Charles W. (Evesham)
Brotherton, Edward AllenGordon, Hn. J.E. (Elgin & Nairn)Long, Rt. Hn. Walter (Bristol, S)
Brown, Sir Alex. H. (Shropsh.)Gore, Hn. S. F. Ormsby- (Line.)Lowe, Francis William
Bull, William JamesGoschen, Hon. George JoachimLowther, C. (Cumb., Eskdale)
Burdett-Coutts, W.Goulding, Edward AlfredLoyd, Archie Kirkman
Butcher, John GeorgeGray, Ernest (West Ham)Lyttelton, Rt. Hon. Alfred
Carson, Rt. Hon. Sir Edw. H.Greene, Henry D. (Shrewsbury)MacIver, David (Liverpool)
Cautley, Henry StrotherGreene, W. Raymond- (Cambs.)M'Arthur, Charles (Liverpool)
Cavendish, V. C. W. (DerbyshireGretton, JohnM'Fadden, Edward
Cayzer, Sir Charles WilliamGreville, Hon. RonaldM'Iver, Sir Lewis (Edinburgh, W.
Chamberlain, Rt. Hn J.A. (Wore.Groves, James GrimbleM'Killop, James (Stirlingshire)
Chapman, EdwardHall, Edward MarshallMajendie, James A. H.
Charrington, SpencerHambro, Charles EricMartin, Richard Biddulph
Clare, Octavius LeighHamilton, Marq. Of (L'nd'nderryMassey-Mainwaring, Hn. W. F.
Coates, Edward FeethamHare, Thomas LeighMaxwell, Rt. Hn. Sir H.E (Wigt'n
Cochrane, Hon. Thos, H. A. E.Harris, F. Leverton (Tynem'th)Maxwell, W.J.H. (Dumfriessh.)
Coghill, Douglas HarryHarris, Dr. Fredk. R. (Dulwich)Meysey-Thompson, Sir H. M.
Cohen, Benjamin LouisHatch, Ernest Frederick Geo.Milvain, Thomas
Cox, Irwin Edward BainbridgeHeath, Arthur Howard (HanleyMolesworth, Sir Lewis

Moon, Edward Robert PacyReid, James (Greenock)Strutt, Hon. Charles Hedley
Morgan, David J. (WalthamstowRemnant, James FarquharsonTalbot, Lord. E. (Chichester)
Morton, Arthur H. AylmerRenwick, George,Taylor, Austin (East Toxteth)
Mount, William ArthurRichards, Henry CharlesThorburn, Sir Walter
Murray, Rt. Hn A. Graham (ButeRidley, S. Forde (Bethnal Green)Tomlinson, Sir Wm. Edw. M.
Murray, Charles J. (Coventry)Robertson, Herbert (Hackney)Tuff, Charles
Myers, William HenryRolleston, Sir John F. L.Valentia, Viscount
Nannetti, Joseph P.Rollit, Sir Albert KayeVincent, Col. Sir C. E. H. (Sheffield
Nicholson, William GrahamRopner, Colonel Sir RobertWalker, Col. William Hall
Nolan, Col. John P. (Galway, N.)Rutherford, John (Lancashire)Wentworth, Bruce C. Vernon-
Nolan, Joseph (Louth, South)Rutherford, W. W. (Liverpool)Whiteley, H. (Ashton und. Lyne
O'Brien, Patrick (Kilkenny)Sackville, Col. S. G. Stopford-Willoughby de Eresby, Lord
O'Dowd, JohnSadler, Col. Samuel AlexanderWilson, A. Stanley (York, E.R.)
Palmer, Walter (Salisbury)Samuel, Sir Harry S. (LimehouseWilson-Todd, Sir W.H. (Yorks.)
Pease, Herbert Pike (DarlingtonScott, Sir S. (Marylebone, W.)Wolff, Gustav Wilhelm
Pemberton, John S. G.Sharpe, William Edward T.Worsley-Taylor, Henry Wilson
Percy, EarlSheehan, Daniel DanielWrightson, Sir Thomas
Pierpoint, RobertSmith H.C (North'mb. TynesideWyndham, Rt. Hon. George
Plummer, Walter R.Spear, John WardYoung, Samuel
Powell, Sir Francis SharpStanley, Edward Jas. (Somerset)Younger, William
Pretyman, Ernest GeorgeStanley, Rt. Hn. Lord (Lancs.)
Pryce-Jones, Lt.-Col. EdwardStock, James HenryTELLERS FOE THE NOES—
Pym, C. GuyStone, Sir BenjaminSir Alexander Acland-Hood
Ratcliff, R, F.Stroyan, Johnand Mr. Ailwyn Fellowes.

moved to leave out the words "instead of" and insert "sitting with." According to the Bill the justices of the licensing district would have the position of a committee against whom there would be an appeal to quarter sessions. It might happen that the licensing justices declared by a large majority against a renewal, and their decision might be reversed by quarter sessions by a bare majority, and his object in providing that licensing justices should sit with quarter sessions upon the hearing of the appeal, was that the authorities having local knowledge should also have a voice in determining the question. He trusted that the Solicitor-General would, at any rate, be able to accept the substance of his Amendment.

Amendment proposed—

"In page 1, line 9, to lea e out the words 'instead of.' and insert the words 'sitting with.'"—(Mr. Ellis Griffith.)

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

said he could not accept the Amendment; it would be absolutely impossible that the justices of

AYES.

Agg-Gardner, James TynteAtkinson, Rt. Hoc. JohnBain, Colonel James Robert
Anson, Sir William ReynellAubrey-Fletcher, Rt. Hn. Sir H.Baird, John George Alexander
Arkwright, John StanhopeAustin, Sir JohnBalcarres, Lord
Arnold-Forster, Rt. Hn. Hugh O.Bagot, Capt. Josceline FitsRoyBalfour, Rt. Hon. A.J. (Manch'r
Arrol, Sir WilliamBailey, James (Walworth)Balfour, Rt. Hon. G. W. (Leeds

every licensing district should sit at quarter sessions. Licensing justices would, in fact, have great influence, for they would have the initiating power to bring about the withdrawal of a licence and quarter sessions would not. That a decision by quarter sessions might be given by a small majority was true, and the same thing happened in the High Court; he had recent experience of a decision being upset in the House of Lords by a majority of one. That had to be accepted and an exception could not be made in a case of this kind. The hon. and learned Member said that the licensing justices would have no voice in the matter; but he wished to point out that they would have a great voice because quarter sessions would have no initiative, and the licensing justices would have to select those licences which they thought ought not to be renewed. Therefore it was not quite accurate to say that they had no voice, and his hon. and learned friend would therefore see that the matter was not really so bad as he had made out.

Question put.

The Committee divided:—Ayes, 210; Noes, 128. (Division List No. 208.)

Banbury, Sir Frederick GeorgeGroves, James GrimbleNicholson, William Graham
Bhownaggree, Sir M. M.Hall, Edward MarshallNolan, Col. John P. (Galway, N.)
Bignold, ArthurHambro, Charles EricNolan, Joseph (Louth, South)
Bigwood, JamesHamilton, Marq of (L'nd'nderryO'Brien, Patrick (Kilkenny)
Bill, CharlesHare, Thomas LeighO'Dowd, John
Blundell, Colonel HenryHarris, F. Leverton (Tynem'th)Palmer, Walter (Salisbury)
Bond, EdwardHarris, Dr. Fredk. R. (Dulwich)Pease, Herbert Pike(Darlington
Boscawen, Arthur GriffithHatch, Ernest Frederick Geo.Pemberton, John S. G.
Boushfield, William RobertHeath, Arthur Howard (HanleyPercy, Earl
Brodrick, Rt. Hon. St. JohnHelder, AugustusPierpoint, Robert
Brotherton, Edward AllenHermon-Hodge, Sir Robert T.Plummer, Walter R.
Brown, Sir Alex. H. (Shropsh.)Hickman, Sir AlfredPowell, Sir Francis Sharp
Bull, William JamesHoare, Sir SamuelPretyman, Ernest George
Burdett-Coutts, W.Hobhouse, Rt Hn H (Somers't, EPryce-Jones, Lt.-Col. Edward
Butcher, John GeorgeHogg, LindsayPym, C. Guy
Carson, Rt. Hon. Sir Edw. H.Hope, J.F. (Sheffield, BrightsideRatcliff, R. F.
Cautley, Henry StrotherHouldsworth, Sir Wm. HenryReid, James (Greenock)
Cavendish, V.C.W. (DerbyshireHouston, Robert PatersonRemnant, James Farquharson
Cayzer, Sir Charles WilliamJameson, Major J. EustaceRenwick, George
Cecil, Lord Hugh (Greenwich)Jebb, Sir Richard ClaverhouseRichards, Henry Charles
Chamberlain, Rt Hn. J.A (Worc.Jeffreys, Rt. Hon. Arthur Fred.Ridley, S. Forde (Bethnal Green
Chapman, EdwardJohnstone, Heywood (Sussex)Robertson, Herbert (Hackney)
Charrington, SpencerKenyon, Hn. Geo. T. (Denbigh)Rolleston, Sir John F. L.
Clare, Octavius LeighKenyon-Slaney, Col. W. (Salop.Rollit, Sir Albert Kaye
Coates, Edward FeethamKerr, JohnRopner, Colonel Sir Robert
Cochrane, Hon. Thos. H. A. E.King, Sir Henry SeymourRutherford, John (Lancashire)
Coghill, Douglas HarryKnowles, Sir LeesRutherford, W. W. (Liverpool)
Cohen, Benjamin LouisLambton, Hon. Frederick Win.Sackville, Col. S. G. Stopford
Cox, Irwin Edward BainbridgeLaurie, Lieut.-GeneralSadler, Col. Samuel Alexander
Crean, EugeneLaw, Andrew Bonar (Glasgow)Samuel, Sir Harry S. (Limehouse
Cross, Herb. Shepherd (Bolton)Lawrence, Wm. F. (Liverpool)Scott, Sir S. (Marylebone, W.)
Crossley, Rt. Hon. Sir SavileLawson, J. Grant (Yorks., N.R.Sharpe, William Edward T.
Cubitt, Hon. HenryLee, A. H. (Hants., Fareham)Sheehan, Daniel Daniel
Dalkeith, Earl ofLlewellyn, Evan HenrySmith, H C (North'mb. Tyneside
Dalrymple, Sir CharlesLockwood, Lieut.-Col. A. R.Spear, John Ward
Davenport, William BromleyLoder, Gerald Walter ErskineStanley, Edward Jas. (Somerset
Davies, Sir Horatio D. (ChathamLong, Col. Charles W. (EveshamStanley, Rt. Hon. Lord (Lancs.)
Dickinson, Robert EdmondLong, Rt. Hn. Walter (Bristol, S.Stirling-Maxwell, Sir John M.
Dickson, Charles ScottLowe, Francis WilliamStock, James Henry
Disraeli, Coningsby RalphLowther, C. (Cumb., Eskdale)Stone, Sir Benjamin
Doughty, GeorgeLoyd, Archie KirkmanStroyan, John
Douglas, Rt. Hon. A. AkersMacIver, David (Liverpool)Strutt, Hon. Charles Hedley
Doxford, Sir William TheodoreMaconochie, A. W.Talbot, Lord E. (Chichester)
Duke, Henry EdwardM'Arthur, Charles (Liverpool)Taylor, Austin (East Toxteth)
Durning-Lawrence, Sir EdwinM'Fadden, EdwardThorburn, Sir Walter
Dyke, Rt. Hn. Sir William HartM'Iver, Sir Lewis (Edinburgh, WTomlinson, Sir Wm. Edw. M.
Egerton, Hon. A. de TattonM'Killop, James (Stirlingshire)Tuff, Charles
Finch, Rt. Hon. George H.Majendie, James A. H.Valentia, Viscount
Finlay, Sir Robert BannatyneMartin, Richard BiddulphVincent, Col. Sir C.E.H (Sheffield
Firbank, Sir Joseph ThomasMassey-Mainwaring, Hn. W. F.Walker, Col. William Hall
Fison, Frederick WilliamMaxwell, Rt Hn. Sir H.E (Wigt'nWentworth, Bruce C. Vernon-
FitzGerald, Sir Robert PenroseMaxwell, W.J.H. (Dumfriessh.Whiteley, H. (Ashton und. Lyne
Flower, Sir ErnestMeysey-Thompson, Sir H. M.Williams, Colonel R. (Dorset)
Forster, Henry WilliamMilvain, ThomasWilloughby de Eresby, Lord
Calloway, William JohnsonMolesworth, Sir LewisWilson, A. Stanley (York, E.R.
Gardner, ErnestMontagu, Hn. J. Scott (Hants.)Wilson-Todd, Sir W.H. (Yorks.)
Gordon, Hn. J.E. (Elgin & Nairn)Moon, Edward Robert PacyWolff, Gustav Wilhelm
Gore, Hon. S.F. Ormsby-(Linc.)Morgan, D. J. (Walthamstow)Worsley-Taylor, Henry Wilson
Goschen, Hon. George JoachimMorpeth, ViscountWrightson, Sir Thomas
Goulding, Edward AlfredMorrell, George HerbertWyndham, Rt. Hon. George
Graham, Henry RobertMorrison, James ArchibaldYoung, Samuel
Gray, Ernest (West Ham)Morton, Arthur H. AylmerYounger, William
Greene, Henry D. (Shrewsbury)Mount, William Arthur
Greene, W. Raymond (Cambs.)Murray, Rt. Hon. A. G. (Bute)TELLERS FOE THE AYES—Sir
Gretton, JohnMurray, Charles J. (Coventry)Alexander Acland-Hood and
Greville, Hon. RonaldMyers, William HenryMr. Ailwyn Fellowes.

NOES.

Abraham, William (Cork, N.E.)Bayley, Thomas (Derbyshire)Boland, John
Ashton, Thomas GairBell, RichardBolton, Thomas Dolling
Asquith, Rt. Hn. Herbert HenryBenn, John WilliamsBrigg, John
Barlow, John EmmottBlack, Alexander WilliamBroadhurst, Henry

Brown, George M. (Edinburgh)Hemphill, Rt. Hon. Charles H.Roberts, John Bryn (Eifion)
Brunner, Sir John TomlinsonHigham, John SharpeRoberts, John H. (Denbighs.)
Burke, E. HavilandHolland, Sir William HenryRoche, John
Burns, JohnHope, John Deans (Fife, West)Rose, Charles Day
Burt, ThomasHorniman, Frederick JohnRunciman, Walter
Buxton, Sydney CharlesJohnson, John (Gateshead)Russell, T. W.
Caldwell, JamesJones, William (CarnarvonshireSamuel, S. M. (Whitechapel)
Campbell, John (Armagh, S.)Jordan, JeremiahSchwann, Charles E.
Cawley, FrederickJoyce, MichaelShackleton, David James
Channing, Francis AllstonKitson, Sir JamesShaw, Thomas (Hawick B.)
Condon, Thomas JosephLambert, GeorgeShipman, Dr. John G.
Corbett, A. Cameron (Glasgow)Langley, BattySlack, John Bamford
Craig, Robert Hunter (Lanark)Lawson, Sir Wilfrid (Cornwall)Sloan, Thomas Henry
Cremer, William RandalLeese, Sir Joseph F. (Accrington)Smith, Samuel (Flint)
Crombie, John WilliamLeigh, Sir JosephSullivan, Donal
Crooks, WilliamLeng, Sir JohnTaylor, Theodore C. (Radcliffe)
Cross, Alexander (Glasgow)Lewis, John HerbertTennant, Harold John
Dalziel, James HenryLloyd-George, DavidThomas, Sir A. (Glamorgan, E.)
Davies, Alfred (Carmarthen)Lundon, W.Thomas, D. Alfred (Merthyr)
Davies, M. Vaughan (CardiganLyell, Charles Henry-Thomas, J A (Glamorgan, Gower
Delany, WilliamMacVeagh, JeremiahTomkinson, James
Dobbie, JosephM'Arthur, William (Cornwall)Toulmin, George
Donelan, Captain A.M'Crae, GeorgeTrevelyan, Charles Philips
Doogan, P. C.M'Kenna, ReginaldWallace, Robert
Douglas, Charles M. (Lanark)Mansfield, Horace RendallWalton, Jn. Lawson (Leeds, S.)
Dunn, Sir WilliamMarkham, Arthur BasilWason, Eugene (Clackmannan
Ellice, Capt E.C (S Andrw's BghsMorgan, J. Lloyd (Carmarthen)White, George (Norfolk)
Ellis, John Edward (Notts.)Morley, Charles (Breconshire)White, Luke (York, E. R.)
Evans, Samuel T. (Glamorgan)Moss, SamuelWhitley, J. H. (Halifax)
Eve, Harry TrelawneyNewnes, Sir GeorgeWhittaker, Thomas Palmer
Fenwick, CharlesNorton, Capt. Cecil WilliamWilliams, Osmond (Merioneth)
Ferguson, R. C. Munro (Leith)O'Brien, K. (Tipperary, Mid.)Wilson, Henry J. (York, W.R.)
Flavin, Michael JosephO'Doherty, WilliamWilson, John (Falkirk)
Foster, Sir Walter (Derby Co.)O'Donnell, T. (Kerry, W.)Wood, James
Fuller, J. M. F.O'Malley, WilliamWoodhouse, Sir J.T (Huddersf'd
Furness, Sir ChristopherParrott, WilliamYoxall, James Henry
Gladstone, Rt. Hn. Herbert JohnPhilipps, John Wynford
Grant, CorriePower, Patrick JosephTELLERS FOR THE NOES—Mr.
Gurdon, Sir W. BramptonReckitt, Harold JamesEllis Griffith and Mr. Ed-
Harwood, GeorgeReddy, M.wards.

moved to leave out the word "but" in line 10, and to insert the word "and" with the object of ensuring that there should be a sufficient reduction of licences under the Bill and also to ensure that the public, to some extent, would get value for the rights which, in the opinion of many, they were called upon to relinquish under the Bill. The Solicitor-General informed the Committee yesterday that some of the Amendments were being moved in a perfunctory manner without sufficient reasons being given in their support. He was afraid that he would now be open to the same charge, because the point raised by the Amendment was a very large one. The reproach did not come very well from those who had taken steps to secure that it would be impossible to reason on many of the greater issues raised by this Bill. If time permitted, he believed a strong case could be made out for the Amendment he now proposed. In introducing the Bill, the Home Secretary said its object was the reduction of licences. The right hon. Gentleman said that was a good thing. Well, if this reduction was so necessary, why was it not to be compulsory? The impression of the Prime Minister was that the justices had been consumed with a desire to reduce licences unnecessarily throughout the country. His own experience was very different. He believed that the desire for conferring licences was, in many instances, a great deal keener than the desire to restrict them. The licensing authorities which had been least inclined to reduce licences had been quarter sessions. They might take as an example a division of the county to which he belonged. In the Island of Lewis the local justices had over and over again refused to renew licences, and the licences had always been restored by quarter sessions. He saw little security under this Bill of any large, general, or sufficient reduction of licences. Indeed, it offered obstacles to the reduction of licences, because many licences, which had no value at present, would be given a value, and the valuation scheme, by which it was proposed to make the value of licences as they stood at the passing of the Bill the basis of compensation, was, in his opinion, largely delusive. It would be found that they were raising, under this Bill, many financial obstacles to the reduction of licences. To make the reduction effective, he submitted that it should be compulsory. He did not regard the reduction of licences as the most essential branch of temperance reform. He looked upon the provision of counter attractions, which were wholly unprovided for in this Bill, and the maintenance of the control of the justices, as far more important than the mere reduction of licences, which to a large extent would be made more difficult under this Bill than it was now. There could be no difficulty in providing compulsory power under the Bill, because the hon. Baronet the Member for Northwest Manchester, Lord Peel, and others suggested a scheme by which compulsion could be effected, and they recorded in the Minority Report that a great reduction of licences was a matter of the first importance, and that the redistribution of licensed houses should be safeguarded by a statutory maximum of say one on-licensed house to every 750 persons in a town population, and every 400 in a country population. Their view was that in seven years the number of on-licences should be reduced to that figure in England, and within five years in Scotland. The hon. Baronet knew that the distribution of licences in the North was much more approximate to this standard than it was in England. He wished the hon. Baronet had himself raised this point, and all the more because, although they had heard a great deal as to the support moderate men would be able to give to temperance reform, the course of this debate had shown how utterly ineffective their support had been in the discussions on the Bill. The object of the hon. Baronet was that at the end of seven years in England and five years in Scotland, the field should be left clear for legislative experiments by Parliament in the way of providing for the elimination of the element of profit in the liquor traffic, or any other method by which the liquor traffic could be more effectively controlled than at present. Besides that there should be absolute freedom for local communities to control the liquor traffic, either through local option or any other effective system of administration. Judging from his experience of the working of the present system he believed this Bill would form an effective check to the development of temperance reform schemes in the direction he had indicated. He believed that a compulsory reduction of licences would in some degree be a mitigation of the evils which would follow the passing of the Bill, and that it would be some security for leaving the way open for future experiments. It would also secure that the public would not have to pay a great deal more than they ought to. What the public were losing through this Bill was the rights in the monopoly which had been created by the public. That constituted to his mind confiscation of public property. He moved his Amendment, and would leave it to the judgment of the House.

Amendment proposed—

"In page 1, line 10, to leave out the word 'but,' and insert the word 'and.'"—(Mr. Munro Ferguson.)

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

said that the Amendment put from the Chair had no relation to the important question raised by the hon. Member opposite. The hon. Member had spoken on many points of great public importance, and had said that under this Bill the public were losing the benefit of a monopoly which belonged to them. If that were so, all he could say was that the public had been a very long time in trying to regain that monopoly. In his view the public would have a very much better chance of securing that monopoly on a proper basis when this Bill was passed, because it was practically admitted that during the last fifty or sixty years no progress had been made in the reduction of public-houses at all. The object of the Amendment was to lay down a fixed proportion of public-houses to population in every district in the country, and to do so in general terms. That was impossible, because the requirements of every district were absolutely different from those of other districts, and the hon. Member had the Report of the Commission against him. It appeared that the hon. Member also wished, in laying down his arbitrary statutory maximum or minimum, to provide an unlimited amount of compensation. His principle might be all very well if they were dealing with public funds, but was quite out of place when they were calling on the trade itself to supply the money for the insurance. He entirely disputed the suggestion that licences which had no value now would acquire a value by the passage of this Bill. They had put the clearest possible language into the Bill to prevent that.

said that according to a trade paper no one doubted that those who would have to pay this tax were the consumers of liquor.

said that the complaint of the hon. Member was that in this Bill no provision was made for what he spoke of as counter attractions to the public-house, and he seemed to regard that as of more importance than the reduction of licences. He himself had always held that view, and had preached it in vain to hon. Gentlemen opposite. When the hon. Member for Wolverhampton introduced his Parish Councils Bill he moved an Amendment that parish councils should have the power to provide parish rooms which would be a counter attraction to the public-houses, but that Amendment was refused. The object of the Amend-

AYES.

Agg-Gardner, James TynteBaird, John George AlexanderBlundell, Colonel Henry
Anson, Sir William ReynellBalcarres, LordBond, Edward
Arkwright, John StanhopeBalfour, Rt. Hn. A. J. (Manch'rBousfield, William Robert
Arnold-Forster, Rt. Hn. Hugh O.Balfour, Capt. C. B. (Hornsey)Bowles, Lt.-Col. H.F (Middlesex
Arrol, Sir WilliamBalfour, Rt. Hon. G.W. (Leeds)Brassey, Albert
Atkinson, Rt. Hon. JohnBanbury, Sir Frederick GeorgeBrodrick, Rt. Hon. St. John
Aubrey-Fletcher, Rt. Hn. Sir H.Bathurst, Hon. Allen BenjaminBrotherton, Edward Allen
Austin, Sir JohnBhownaggree, Sir M. M.Brown, Sir Alex. H. (Shropsh.)
Bagot, Capt. Josceline FitzRoyBignold, ArthurBull, William James
Bailey, James (Walworth)Bigwood, JamesBurdett-Coutts, W.
Bain, Colonel James RobertBill, CharlesButcher, John George

ment, as he gathered, was to secure a compulsory reduction in the number of licences. He himself had put on the Paper an Amendment with the object of making it the duty of magistrates to give attention to the number of public-houses in proportion to the requirements of the population. He hoped that the Government would give their attention to this matter, and would see whether they could not insert in the Bill some provision in the direction suggested in his Amendment.

said that if they were to pass a compensation scheme they should secure some substantial reduction of licences. But under the Bill there was no guarantee that there would be any reduction anywhere. It would be optional for the local justices to make a recommendation, optional for quarter sessions to accept the recommendation, and optional for quarter sessions to raise a fund. The object of this Amendment was to make it certain that there would be a reduction if the on-licences exceeded a certain number. The Amendment suggested a reasonable number in proportion to the population. In order to deal with the case of London it would be easy to institute a special class of licences for hotels, so that the ordinary drinking bar should be limited to some definite proportion. It was said that if this Amendment were adopted there would be an unlimited levy. There ought to been unlimited levy. There ought to be power to make a levy in order to raise whatever amount of money was necessary I to make the reduction that was deemed necessary.

Question put.

The Committee divided:—Ayes, 264; Noes, 167. (Division List No. 209.)

Carlile, William WalterHay, Hon. Claude GeorgeMurray, Charles J. (Coventry)
Carson, Rt. Hon. Sir Edw. H.Heath, Arthur Howard(HanleyMyers, William Henry
Cautley, Henry StrotherHeaton, John HennikerNewdegate, Francis A. N.
Cavendish, V.C.W. (DerbyshireHermon-Hodge, Sir Robert T.Nolan, Col. John P.(Galway,N.)
Cayzer, Sir Charles WilliamHickman, Sir AlfredNolan, Joseph (Louth, South)
Cecil, Evelyn (Aston Manor)Hoare, Sir SamuelO'Brien, Patrick (Kilkenny)
Cecil, Lord Hugh (Greenwich)Hobhouse,Rt.Hn H(Somers't,EO'Dowd, John
Chamberlain, Rt.Hn J. A(Wore.Hogg. LindsayPalmer, Walter (Salisbury)
Chaplin, Rt. Hon. HenryHope, J.F.(Sheffield,BrightsideParker, Sir Gilbert
Chapman, EdwardHouldsworth, Sir Wm. HenryPease, Herbert Pike(Darlington
Charrington, SpencerHoult, JosephPeel, Hn.Wm.Robert Wellesley
Clare, Octavius LeighHouston, Robert PatersonPemberton, John S. G.
Coates, Edward FeethamHoward, Jn.(Kent, FavershamPercy, Earl
Cochrane, Hon. Thos. H. A. E.Hozier, Hn. James Henry CecilPierpoint, Robert
Coghill, Douglas HarryHudson, George BickerstethPilkington, Colonel Richard
Cohen, Benjamin LouisJameson, Major J. EustacePlatt-Higgins, Frederick
Colston, Chas. Edw. H. AtholeJebb, Sir Richard ClaverhousePlummer, Walter R.
Compton, Lord AlwyneJeffreys, Rt. Hon. Arthur Fred.Powell, Sir Francis Sharp
Cox, Irwin Edward BainbridgeJohnstone, Heywood (Sussex)Pretyman, Ernest George
Craig, CharlesCurtis( Antrim,S.)Kenyon, Hn. Geo. T.(Denbigh)Pryce-Jones, Lt.-Col. Edward.
Crean, EugeneKenyon-Slaney, Col. W. (Salop)Pym, C. Guy
Cripps, Charles AlfredKerr, JohnQuilter, Sir Cuthbert
Cross,Herb. Shepherd (Bolton)Keswick, WilliamRatcliff, R. F.
Crossley, Rt. Hon. Sir SavileKimber, HenryReid, James (Greenock)
Cubitt, Hon. HenryKing, Sir Henry SeymourRemnant, James Farquharson
Dalkeith, Earl ofKnowles, Sir LeesRenshaw, Sir Charles Bine
Dalrymple, Sir CharlesLambton, Hon. Frederick Wm.Renwick, George
Davenport, William BromleyLaurie, Lieut.-GeneralRichards, Henry Charles
Davies,Sir Horatio D.(ChathamLaw, Andrew Bonar (Glasgow)Ridley, S. Forde (Bethnal Green
Dickinson, Robert EdmondLawrence, Wm. F. (Liverpool)Roberts, Samuel (Sheffield)
Dickson, Charles ScottLawson, J. Grant (Yorks., N.R.Robertson, Herbert (Hackney)
Dimsdale, Rt.Hn. Sir Joseph C.Lee, A. H. (Hants., Fareham)Robinson, Brooke
Disraeli, Coningsby RalphLlewellyn, Evan HenryRolleston, Sir John F. L.
Doogan, P. C.Lockwood, Lieut.-Col. A. R.Rollit, Sir Albert Kaye
Doughty, GeorgeLoder, Gerald Walter ErskineRopner, Colonel Sir Robert
Douglas, Rt. Hon. A. Akers-Long, Col. Charles W.(EveshamRutherford, John (Lancashire)
Doxford, Sir William TheodoreLong, Rt.Hn.Walter(Bristol,S.)Rutherford, W. W. (Liverpool)
Duke, Henry EdwardLonsdale, John BrownleeSackville, Col. S. G. Stopford-
Durning-Lawrence, Sir EdwinLowe, Francis WilliamSadler, Col. Samuel Alexander
Dyke, Rt.Hn.Sir William HartLowther, C. (Cumb., Eskdale)Samuel, Sir Harry S.(Limehouse
Egerton, Hon. A. de TattonLoyd, Archie KirkmanSassoon, Sir Edward Albert
Faber, Edmund B. (Hants.,W.)Lucas, Col. Francis (Lowestoft)Scott, Sir S. (Marylebone, W.)
Fielden, Edward BrocklehurstLyttelton, Rt. Hon. AlfredSeton-Karr, Sir Henry
Finch, Rt. Hon. George H.Macdona, John GummingSharpe, William Edward T.
Finlay, Sir Robert BannatyneMacIver, David (Liverpool)Sheehan, Daniel Daniel
Fison, Frederick WilliamMaconochie, A. W.Simeon, Sir Barrington
FitzGerald, Sir Robert Penrose-M'Arthur, Charles (Liverpool)Smith, H. C(North'mb. Tyneside
Flannery, Sir FortescueM'Fadden, EdwardSmith James Parker (Lanarks.)
Flower, Sir ErnestM'Iver,SirLewis(Edinburgh,W.Spear, John Ward
Forster, Henry WilliamM'Killop, James (Stirlingshire)Stanley, Hn.Arthur (Ormskirk)
Galloway, William JohnsonM'Killop W. (Sligo, North)Stanley, Edward Jas.(Somerset)
Gardner, ErnestMajendie, James A. H.Stanley, Rt. Hon. Lord (Lanes.)
Garfit, WilliamMalcolm, IanStirling-Maxwell, Sir John M.
Gordon, Hn.J.E.(Elgin&Nairn)Martin, Richard BiddulphStock, James Henry
Gordon, Maj. Evans (T'r H'lets)Massey-Mainwaring, Hn. W. F.Stone, Sir Benjamin
Gore, Hon. S.F. Ormsby-(Linc)Maxwell, Rt Hn. Sir H.E.(Wigt'nStroyan, John
Goschen, Hon. George JoachimMaxwell, W. J. H (DumfriesshireStrutt, Hon. Charles Healey
Goulding, Edward AlfredMelville, Beresford ValentineTalbot, Lord E. (Chiehester)
Graham, Henry RobertMeysey-Thompson, Sir H. M.Taylor, Austin (East Toxteth)
Gray, Ernest (West Ham)Mildmay, Francis BinghamThorburn, Sir Walter
Greene, Henry D.(Shrewsbury)Milvain, ThomasTollemache, Henry James
Greene, W.Raymond- (Cambs.)Molesworth, Sir LewisTomlinson, Sir Wm. Edw. M.
Grenfell, William HenryMontagu, G. (Huntingdon)Tuff, Charles
Gretton, JohnMontagu, Hn. J. Scott (Hants.)Tufnell, Lieut.-Col. Edward
Greville, Hon. RonaldMoon, Edward Robert PacyValentia, Viscount
Groves, James GrimbleMoore, WilliamVincent,Col.SirC.E.H.(Sheffield
Hall, Edward MarshallMorgan David J.(WalthamstowVincent, Sir Edgar (Exeter)
Hambro, Charles EricMorpeth, ViscountWalker, Col. William Hall
Hardy, L. (Kent, Ashford)Morrell, George HerbertWarde, Colonel C. E.
Hare, Thomas LeighMorrison, James ArchibaldWebb, Colonel William George
Harris, F. Leverton(Tynem'th)Morton, Arthur H. AylmerWelby, Sir Charles G.E.(Notts.)
Harris, Dr. Fredk.R. (Dulwich)Mount, William ArthurWentworth, Bruce C. Vernon-
Hatch, Ernest Frederick Geo.Murray,Rt.Hn.A.Graham(ButeWharton, Rt. Hon. John Lloyd

Whiteley,H.(Ashton und.Lyne)Worsley-Taylor, Henry WilsonTELLERS FOR THE AYES—
Williams, Colonel R. (Dorset)Wortley, Rt. Hon. C. B. Stuart-Sir Alexander Acland-Hood
Willoughby de Eresby, LordWrightson, Sir Thomasand Mr. Ailwyn Fellowes.
Wilson, A. Stanley (York, E.R.)Wyndham, Rt. Hon. George
Wilson-Todd,Sir W.H.(Yorks.)Young, Samuel
Wolff, Gustav WilhelmYounger, William

NOES.

Abraham, William (Cork, N.E.)Gurdon, Sir W. BramptonPrice, Robert John
Ainsworth, John StirlingHain, EdwardReckitt, Harold James
Allen, Charles P.Harcourt, Lewis V.(RossendaleReddy, M.
Ashton, Thomas GairHarwood, GeorgeRickett, J. Compton
Asquith, Rt.Hn.Herbert HenryHemphill, Rt. Hon. Charles H.Rigg, Richard
Barlow, John EmmottHenderson, Arthur (Durham)Roberts, John Bryn (Eifion)
Bayley, Thomas (Derbyshire)Higham, John SharpeRoberts, John H. (Denbighs.)
Benn, John WilliamsHolland, Sir William HenryRobertson, Edmund (Dundee)
Black, Alexander WilliamHope, John Deans (Fife, West)Roche, John
Boland, JohnHorniman, Frederick JohnRoe, Sir Thomas
Bolton, Thomas DollingHumphreys-Owen, Arthur C.Rose, Charles Day
Brigg, JohnHutchinson, Dr. Charles Fredk.Runciman, Walter
Broadhurst, HenryHutton, Alfred E. (Morley)Russell, T. W.
Brown, George M. (Edinburgh)Jacoby, James AlfredSamuel, S. M. (Whitechapel)
Brunner, Sir John TomlinsonJohnson, John (Gateshead)Schwann, Charles E.
Burke, E. Haviland-Jones William (CarnarvonshireSeely, Maj. J.E.B.(Isle of Wight
Burns, JohnJordan, JeremiahShackleton, David James
Burt, ThomasJoyce, MichaelShaw, Charles Edw.(Stafford)
Caldwell, JamesKennedy, Vincent P.(Cavan,W.Shaw, Thomas (Hawick B.)
Campbell, John (Armagh, S.)Kitson, Sir JamesShipman, Dr. John G.
Campbell-Bannerman, Sir H.Lambert, GeorgeSlack, John Bamford
Cawley, FrederickLangley, BattySloan, Thomas Henry
Channing, Francis AllstonLaw, Hugh Alex. (Donegal,W.)Smith, Samuel (Flint)
Churchill, Winston SpencerLawson, Sir Wilfrid (Cornwall)Soames, Arthur Wellesley
Condon, Thomas JosephLayland-Barratt, FrancisStanhope, Hon. Philip James
Corbett, A. Cameron (Glasgow)Leese,Sir Joseph F.(AccringtonStrachey, Sir Edward
Craig, Robert Hunter (Lanark)Leigh, Sir JosephSullivan, Donal
Cremer, William RandalLong, Sir JohnTaylor, Theodore C. (Radcliffe)
Crombie, John WilliamLevy, MauriceTennant, Harold John
Crooks, WilliamLloyd-George, DavidThomas, Abel (Carmarthen, E.)
Cross, Alexander (Glasgow)Lough, ThomasThomas, Sir A. (Glamorgan, E.)
Cullman, J.Lundon, W.Thomas,David Alfred (Merthyr)
Dalziel, James HenryLyell, Charles HenryThomas, J.A(Glamorgan,Gower
Davies, Alfred (Carmarthen)MacNeill, John Gordon SwiftTomkinson, James
Davies, M.Vaughan- (Cardigan)MacVeagh, JeremiahToulmin, George
Delany, WilliamM'Arthur, William (Cornwall)Trevelyan, Charles Philips
Denny, ColonelM'Crae, GeorgeUre, Alexander
Dilke, Rt, Hon. Sir CharlesMansfield, Horace RendallWallace, Robert
Dobbie, JosephMarkham, Arthur BasilWalton, John Lawson (Leeds, S.
Douglas, Charles M. (Lanark)Morgan, J. Lloyd (Carmarthen)Walton, Joseph (Barnsley)
Duncan, J. HastingsMorley, Charles (Breconshire)Wason, Eugene (Clackmannan)
Dunn, Sir WilliamMoss, SamuelWason, John Cathcart (Orkney)
Edwards, FrankMoulton, John FletcherWhite, George (Norfolk)
Elliee,Capt.EC(S.Andrw's BghsMurphy, JohnWhite, Luke (York, E.R.)
Ellis, John Edward (Notts.)Newnes, Sir GeorgeWhitley, J. H. (Halifax)
Emmott, AlfredNorton, Capt. Cecil WilliamWhittaker, Thomas Palmer
Evans, Samuel T. (Glamorgan)Nussey, Thomas WillansWilliams, Osmond (Merioneth)
Eve, Harry TrelawneyO'Brien, Kendal(Tipperary,MidWilson, Fred. W.(Norfolk,Mid.)
Fenwick, CharlesO'Doherty, WilliamWilson, Henry J. (York, W.R.)
Foster, Sir Walter (Derby Co.)O'Donnell, T. (Kerry, W.)Wilson, John (Falkirk)
Freeman-Thomas, Captain F.O'Malley, WilliamWood, James
Furness, Sir ChristopherO'Shaughnessy, P. J.Woodhouse, Sir JT.(Huddersf'd
Gladstone,Rt.Hn.Herbert JohnParrott, WilliamYoxall, James Henry
Goddard, Daniel FordPartington, Oswald
Grant, CorriePaulton, James MellorTELLERS FOR THE NOES—
Griffith, Ellis J.Philipps, John WynfordMr. Munro Ferguson and
Guest, Hon. Ivor ChurchillPower, Patrick JosephMr. Herbert Lewis.

*

The Amendment which stands in the name of my hon. and learned friend the Member for Anglesey, and which I propose now to move, raises a question of interest and importance second to none in the whole Bill; it raises, in fact, the whole question of compensation. The Committee, I am sure, will not be surprised to hear that in submitting it I am embarrassed by the conditions under which I am compelled to speak. It is not as though I or anyone in this House was in the least degree entitled to complain of the time which has been occupied last night and this evening by previous Amendments. Point after point of the most serious importance has been barely and boldly stated to the House, and has been at once divided upon, without the advantage which, in Committee at any rate, we are accustomed to derive from the free play of informal, but not less useful, arguments across the floor of the House. A severe and, as some of my hon. friends would say, excessive self-restraint has been exercised. I am not at all sure that the results which have been achieved will be held to warrant its repetition. But at any rate, it is perfectly true that there has been no waste of time, no excess of talk, and no diversion of the attention of the House from serious and important to trivial and frivolous points. But when I approach this Amendment I cannot discuss it without considering its relation to, and its effect upon the remainder of this clause. What is the clause we are discussing? It contains twenty-two lines, of which we have discussed six. Upon the Order Paper at this moment there stand fifteen pages of Amendments, which I will not say remain for discussion, but

AYES.

Agg-Gardner, James TynteBhownaggree, Sir M. M.Chapman, Edward
Agnew, Sir Andrew NoelBignold, ArthurCharrington, Spencer
Anson, Sir William ReynellBigwood, JamesClare, Octavius Leigh
Arkwright, John StanhopeBill, CharlesClive, Captain Percy A.
Arnold-Forstcr,Rt,Hn.Hugh O.Blundell, Colonel HenryCoates, Edward Feetham
Arrol, Sir WilliamBond, EdwardCochrane, Hon. Thos. H. A. E.
Atkinson, Rt. Hon. JohnBousfield, William RobertCohen, Benjamin Louis
Aubrey-Fletcher, Rt.Hn.Sir H.Bowles, Lt.-Col.H.F.(MiddlesexColston, Chas. Edw. H. Athole
Austin, Sir JohnBrassey, AlbertCompton, Lord Alwyne
Bagot, Capt. Josceline FitzRoyBrodrick, Rt, Hon. St. JohnCox, Irwin Edward Bainbridge
Bailey, James (Walworth)Brown, Sir Alex. H.(Shropsh-)Craig, Chas. Curtis (Antrim, S.
Bain, Colonel James RobertBull, William JamesCripps, Charles Alfred
Baird, John George AlexanderBurdett-Coutts, W.Cross, Herb. Shepherd (Bolton)
Balcarres, LordButcher, John GeorgeCrossley, Rt. Hon. Sir Savile
Baldwin, AlfredCarlile, William WalterCubitt, Hon. Henry
Balfour, Rt. Hn. A. J.(Manch'rCarson, Rt. Hon. Sir Edw. H.Cust, Henry John C.
Balfour, Capt. C. B. (Hornsey)Cautley, Henry StrotherDalkeith, Earl of
Balfour, Rt, Hn. GeraldW(LeedsCavendish, V. C.W.(DerbyshireDalrymple, Sir Charles
Balfour, Kenneth R.(Christch.Cayzer, Sir Charles WilliamDavenport, W. Bromley-
Banbury, Sir Frederick GeorgeCecil, Evelyn (Aston Manor)Davies,Sir HoratioD.(Chatham
Bartley, Sir George C. T.Cecil, Lord Hugh (Greenwich)Dickinson, Robert Edmond
Bathurst, Hon. Allen BenjaminChamberlain, Rt Hn. J. A.(Wore.Dickson, Charles Scott

which are to be ignored and passed aside without any discussion at all. They embrace some of the most important features of this Bill. But how am I, in the five minutes which are still to elapse before the guillotine falls, to say anything really useful or fruitful about that which is the vital and essential principle of this Bill? The provision in the lines which I have moved to omit, the provision which in future will restrain all power to refuse or reduce licences in conformity with the limited dimensions of a fund which will be small and exiguous, and in some parts of the country, may not exist at all —this proposal, this far-reaching, deep-seated, and unprecedented revolution in the whole of our law of licensing is to pass now from this Committee unamended and even undiscussed. The procedure of the House of Commons is reduced to a farce. We are taking part in a parody of debate, and making ourselves accomplices in a caricature of the forms, and a betrayal of the spirit of Parliamentary institutions.

Amendment proposed—

"In page 1, line 10, to leave out from the world 'but' to the end of line 12."—( Mr. Asquith.)

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

The Committee divided:—Ayes, 279; Noes, 210. (Division List No 210.)

Dimsdale, Rt. Hn. Sir Joseph C.Keswick, WilliamReid, James (Greenock)
Disraeli, Coningsby RalphKimber, HenryRemnant, James Farquharson
Dixon-Hartland,SirFred DixonKing, Sir Henry SeymourRenshaw, Sir Charles Bine
Dorington, Rt. Hn. Sir John E.Knowles, Sir LeesRenwick, George
Doughty, GeorgeLambton, Hon.Frederick Wm.Richards, Henry Charles
Douglas, Rt. Hon. A. Akers-Laurie, Lieut.-GeneralRidley, S.Forde'(Bethnal Green
Doxford, Sir William TheodoreLaw, Andrew Bonar(Glasgow)Roberts, Samuel (Sheffield)
Duke, Henry EdwardLawrence, Wm. F. (Liverpool)Robertson, Herbert (Hackney)
Durning-Lawrence, Sir EdwinLawson JohnGrant(Yorks.N.RRobinson, Brooke
Dyke, Rt. Hn. Sir William HartLee,Arthur H.(Hants,FarehamRolleston, Sir John F. L.
Egerton, Hon. A. de TattonLlewellyn, Evan HenryRollit, Sir Albert Kaye
Faber, Edmund B. (Hants, W.Lockwood, Lieut.-Col. A. R.Ropner, Colonel Sir Robert
Fardell, Sir T. GeorgeLoder, Gerald Walter ErskineRound, Rt. Hon. James
Fergusson, Rt. Hn. Sir J.(Manc'rLong, Col.Charles W.(EveshamRutherford, John (Lancashire)
Fielden, Edward BrocklehurstLong, Rt.Hn.Walter (Bristol,S)Rutherford, W. W. (Liverpool)
Finch, Rt. Hon. George H.Lonsdale, John BrownleeSackville, Col. S. G. Stopford-
Finlay, Sir Robert BannatyneLowe, Francis WilliamSadler, Col. Samuel Alexander
Fisher, William HayesLowther, C. (Cumb., Eskdale)Samuel,SirHarry S. (Limehouse
Fison, Frederick WilliamLoyd, Archie KirkmanSassoon, Sir Edward Albert
FitzGerald, Sir Robert Penrose-Lucas, Col. Francis (Lowestoft)Scott, Sir S. (Marylebone,W.)
Fitzroy, Hn. Edward AlgernonLucas, Reginald J.(PortsmouthSeely, Charles Hilton (Lincoln)
Flannery, Sir FortescueLyttelton, Rt. Hon. AlfredSeton-Karr, Sir Henry
Flower, Sir ErnestMacdona, John dimmingSharpe, William Edward T.
Forster, Henry WilliamMacIver, David (Liverpool)Simeon, Sir Barrington
Foster, Philip S.(Warwick,S.W.Maconochie, A. W.Smith,H.C(North'mb.Tyneside
Galloway, William JohnsonM'Arthur, Charles (Liverpool)Smith, James Parker(Lanarks.)
Gardner, ErnestM'Iver,SirLewis(Edinburgh,W.Spear, John Ward
Garfit, WilliamM'Killop, James (Stirlingshire)Stanley, Hn. Arthur(Ormskirk
Gibbs, Hon. A. G. H.Majendie, James A. H.Stanley, Edward Jas.(Somerset)
Gordon, Hn. J.E. (Elgin&NairnMalcolm, IanStanley, Rt.Hn.Lord (Lancs.)
Gordon,Maj.Evans-(T'rH'ml'tsMartin, Richard BiddulphStewart, Sir Mark J. M'Taggart
Gore, Hn. S.F. Ormsby-(Linc)Massey-Mainwaring, Hn. W.F.Stirling-Maxwell, Sir John M.
Goschen, Hon. George JoachimMaxwell, Rt Hn.SirH.E(Wigt'nStock, James Henry
Goulding, Edward AlfredMaxwell, W. J. H.(DumfriesshireStone, Sir Benjamin
Graham, Henry RobertMelville, Beresford ValentineStroyan, John
Gray, Ernest (West Ham)Meysey-Thompson, Sir H. M.Strutt, Hon. Charles Hedley
Greene, Henry D. (Shrewsbury)Mildmay, Francis BinghamTalbot, Lord E. (Chichester)
Greene, W. Raymond- (Cambs.)Milvain, ThomasTalbot, Rt. Hn. J.G.(Oxf'd Univ.
Grenfell, William HenryMolesworth, Sir LewisTaylor, Austin (East Toxteth
Gretton, JohnMontagu, G. (Huntingdon)Thorburn, Sir Walter
Greville, Hon. RonaldMontagu, Hn. J. Scott (Hants.)Tollemache, Henry James
Groves, James GrimbleMoon, Edward Robert PacyTomlinson, Sir Wm. Edw. M.
Hall, Edward MarshallMoore, WilliamTuff, Charles
Hambro, Charles EricMorgan, David J. (WalthamstowTufnell, Lieut.-Col. Edward
Hardy,Laurence(Kent, AshfordMorpeth, ViscountValentia, Viscount
Hare, Thomas LeighMorrell, George HerbertVincent, Col. Sir C. F. H(Sheffield
Harris, F. Leverton(Tynem'th)Morrison, James ArchibaldVincent, Sir Edgar (Exeter)
Hatch, Ernest Frederick GeoMorton, Arthur H. AylmerWalker, Col. William Hall
Hay, Hon. Claude GeorgeMount, William ArthurWarde, Colonel C.E.
Heath, Arthur Howard (HanleyMowbray, Sir Robert Gray C.Webb, Colonel William George
Heath, James (Staffords., N.W.)Murray, Rt. Hn. A.Graham(ButeWelby, Lt. Col.A.C.E.(Taunton
Heaton, John HennikerMurray, Charles J. (Coventry)Welby, SirCharlesG.E.(Notts.
Henderson, Sir A. (Stafford, W.)Murray, Col. Wyndham (Bath)Wentworth, Bruce C. Vernon-
Hermon-Hodge, Sir Robert T.Myers, William HenryWharton, Rt. Hon. John Lloyd
Hickman, Sir AlfredNewdegate, Francis A. N.Whiteley, H.(Ashton und.Lyne
Hoare, Sir SamuelNolan, Col. John P.(Galway, N.)Whitmore, Charles Algernon
Hobhouse,Rt Hn H.(Somers't,EPalmer, Walter (Salisbury)Williams, Colonel R. (Dorset)
Hogg, LindsayParker, Sir GilbertWilloughby de Eresby, Lord
Hope, J.F.(Sheffield, BrightsidePease, Herbert Pike(DarlingtonWilson, A. Stanley (York,E.R.)
Houldsworth, Sir Win. HenryPeel, Hn. Wm. Robert WellesleyWilson-Todd, SirW.H.(Yorks.)
Hoult, JosephPemberton, John S. G.Wolff, Gustav Wilhelm
Houston, Robert PatersonPercy, EarlWorsley-Taylor, Henry Wilson
Howard, J. (Kent FavershamPierpoint, RobertWortley, Rt. Hon. C.B. Stuart-
Hozier, Hn. James Henry CecilPilkington, Colonel RichardWrightson, Sir Thomas
Hudson, George BickerstethPlatt-Higgins, FrederickWyndham, Rt. Hon. George
Jameson, Major G. EustacePlummer, Walter R.Young, Samuel
Jebb, Sir Richard ClaverhousePowell, Sir Francis SharpYounger, William
Jeffreys, Rt. Hon. Arthur FredPretyman, Ernest George
Johnstone, Heywood (Sussex)Pryce-Jones, Lt.-Col. Edward
Kennaway, Rt.Hn.Sir John H.Pym, C. GuyTELLERS FOR THE AYES—
Kenyon, Hon. Geo. T. (DenbighQuilter, Sir CuthbertSir Alexander Acland-Hood
Kenyon-Slaney, Col. W.(SalopRankin, Sir Jamesand Mr. Ailwyn Fellowes.
Kerr, JohnRatcliff, R. F.

NOES.

Abraham, William (Cork,N.E.)Furness, Sir ChristopherPartington, Oswald
Ainsworth, John StirlingGoddard, Daniel FordPaulton, James Mellor
Allen, Charles P.Grant, CorriePerks, Robert William
Ashton, Thomas GairGriffith, Ellis J.Philipps, John Wynford
Asquith, Rt.Hn.Herbert HenryGuest, Hon. Ivor ChurchillPower, Patrick Joseph
Atherley-Jones, L.Gurdon, Sir W. BramptonPrice, Robert John
Barlow, John EmmottHain, EdwardPriestley, Arthur
Barran, Rowland HirstHaldane, Rt. Hon. Richard B.Rea, Mussell
Bayley, Thomas (Derbyshire)Harcourt, Lewis V. (RossendaleReckitt, Harold James
Beaumont, Wentworth C. B.Harwood, GeorgeReddy, M.
Bell, RichardHayden, John PatrickRedmond, John E. (Waterford
Benn, John WilliamsHemphill, Rt. Hon. Charles H.Rickett, J. Compton
Black, Alexander WilliamHenderson, Arthur (Durham)Rigg, Richard
Boland, JohnHigham, John SharpeRoberts, John Bryn (Eifion)
Bolton, Thomas DollingHolland, Sir William HenryRoberts, John H. (Denbighs.)
Brigg, JohnHope, John Deans (Fife, West)Robertson, Edmund (Dundee)
Broadhurst, HenryHorniman, Frederick JohnRobson, William Snowdon
Brown, GeorgeM.( Edinburgh)Humphreys-Owen, Arthur C.Roche, John
Brunner, Sir John TomlinsonHutchinson, Dr. Charles FredkRoe, Sir Thomas
Bryce, Rt. Hon. JamesHutton, Alfred E. (Mortley)Rose, Charles Day
Buchanan, Thomas RyburnJacoby, James AlfredRunciman, Walter
Burke, E. Haviland-Johnson, John (Gateshead)Russell, T. W.
Burns, JohnJones, David Brynmor(SwanseaSamuel, S. M. (Whitechapel)
Burt, ThomasJones, William, CarnarvonshireSchwann, Charles E.
Buxton, Sydney CharlesJordan, JeremiahSeely, Maj. J.E.B (Isle of Wight)
Caldwell, JamesJoyce, MichaelShackleton, David James
Cameron, RobertKennedy, Vincent P. (Cavan,W.)Shaw, Charles Edw. (Stafford)
Campbell, John (Armagh,S.)Kilbride, DenisShaw, Thomas (Hawick, B.)
Campbell-Bannerman, Sir H.Kitson, Sir JamesSheehan, Daniel Daniel
Cawley, FrederickLambert, GeorgeSheehy, David
Channing, Francis AllstonLangley, BattyShipman, Dr. John G.
Churchill, Winston SpencerLaw, Hugh Alex. (Donegal, W.)Slack, John Bamford
Condon, Thomas JosephLawson, Sir Wilfrid (Cornwall)Sloan, Thomas Henry
Corbett, A. Cameron (Glasgow)Layland-Barratt, FrancisSmith, Samuel (Flint)
Craig, Robert Hunter (LanarkLeamy, EdmundSoames, Arthur Wellesley
Crean, EugeneLeese, Sir Joseph F.(AccringtonStanhope, Hon. Philip James
Cremer, William RandalLeigh, Sir JosephStevenson, Francis S.
Crombie, John WilliamLeng, Sir JohnStrachey, Sir Edward
Crooks, WilliamLevy, MauriceSullivan, Donal
Cross, Alexander (Glasgow)Lewis, John HerbertTaylor, Theodore C. (Radcliffe)
Cullinan, J.Lloyd-George, DavidTennant, Harold John
Dalziel, James HenryLough, ThomasThomas, Abel (Carmarthen, E.)
Davies, Alfred (Carmarthen)Lundon, W.Thomas, Sir A. (Glamorgan, E.)
Davies, M. Vaughan (CardiganLyell, Charles HenryThomas, David Alfred(Merthyr)
Delany, WilliamMacnamara, Dr. Thomas J.Thomas, J A (GlamorganGower
Devlin, Joseph (Kilkenny, N.)MacNeill, John Gordon SwiftTillet, Louis John
Dickson-Poynder, Sir John P.MacVeagh, JeremiahTomkinson, James
Dilke, Rt. Hon. Sir CharlesM'Crae, GeorgeToulmin, (George
Dobbie, JosephM'Fadden, EdwardTrevelyan, Charles Philips
Doogan, P. C.M'Kenna, ReginaldUre, Alexander
Douglas, Charles M. (Lanark)M'Killop, W. (Sligo, North)Wallace, Robert
Duncan, J. HastingsM'Laren, Sir Charles BenjaminWalton, JohnLawson(Leeds,S.)
Dunn, Sir WilliamMansfield, Horace RendallWalton, Joseph (Barnsley)
Edwards, FrankMarkham, Arthur BasilWason, Eugene (Clackmannan)
Elibank, Master ofMorgan, J. Lloyd (Carmarthen)Wason John Cathcart (Orkney)
Ellice,Capt. EE(S.Andrw'sBghsMorley, Charles (Breconshire)White, George (Norfolk)
Ellis, John Edward (Notts.).Moss, SamuelWhite, Luke (York, E. R.)
Emmott, AlfredMoulton, John FletcherWhitley, J. H. (Halifax)
Evans,Sir Francis H (MaidstoneMurphy, JohnWhittaker, Thomas Palmer
Evans, Samuel T. (Glamorgan)Nannetti, Joseph P.Williams, Osmond (Merioneth)
Eve, Harry TrelawneyNewnes, Sir GeorgeWilson, Fred. W.(Norfolk, Mid.)
Farquharson, Dr. RobertNolan, Joseph (Louth, South)Wilson, Henry J. (York, W.R.)
Fenwick, CharlesNorton, Capt. Cecil WilliamWilson, John (Falkirk)
Ferguson, R. C. Munro (Leith)Nussey, Thomas WillansWood, James
Field, WilliamO'Brien, Kendal(Tipperary MidWoodhouse,Sir J.T (Huddersf'd
Fitzmaurice, Lord EdmondO' Brien, Patrick (Kilkenny)Yoxall, James Henry
Flavin, Michael JosephO'Doherty, William
Flynn, James ChristopherO'Donnell, T. (Kerry, W.)TELLERS FOR THE NOES—Mr.
Foster, Sir Walter (Derby Co.)O'Dowd, JohnHerbert Gladstone and Mr.
Fowler, Rt. Hon. Sir HenryO'Malley, WilliamWilliam M'Arthur.
Freeman-Thomas, Captain F.O'Shaughnessy, P. J.
Fuller, J. M. F.Parrott, William

And, it being after Eleven of the clock, the Chairman proceeded, in pursuance of the Order of the House of the 5th July, successively to put forthwith the Question on any Amendments moved by the Government of which notice had been given, and on every Question necessary to dispose of the allotted Business to be concluded on the first allotted Day.

Amendment proposed—

"In page 1, line 13, after the word 'an,' to insert the word 'existing.'—(Mr. Secretary A hers-Douglas.)

Question, "That the Amendment be made," put and agreed to.

Amendment proposed—

"In page 1, line 16, after the word 'district,' to insert the words 'on the consideration by them, in accordance with the Licensing Acts, 1828 to 1902, of applications for the renewal of licences.'"—(Mr. Secretary Akers-Douglas.)

Question, "That the Amendment be made," put, and agreed to.

AYES.

Agg-Gardner, James TynteCecil, Evelyn (Aston Manor)Egerton, Hon. A. de Tatton
Agnew, Sir Andrew NoelCecil, Lord Hugh (Greenwich)Faber, Edmund B.( Hants, W.)
Anson, Sir William ReynellChamberlain, Rt Hn. J.A (Wore.Fardell, Sir T. George
Arkwright, John StanhopeChaplin, Rt. Hon. HenryFergusson,Rt. Hn.Sir J. (Manc'r
Arnold-Forster, Rt.Hn. Hugh OChapman, EdwardFielden, Edward Brocklehurst
Arrol, Sir WilliamCharrington, SpencerFinch, Rt. Hon. George H.
Atkinson, Rt. Hon. JohnClare, Octavius LeighFinlay, Sir Robert Bannatyne
Aubrey-Fletcher, Rt. Hn. Sir H.Clive, Captain Percy A.Fisher, William Hayes
Austin, Sir JohnCoates, Edward FeethamFison, Frederick William
Bagot, Capt. Josceline FitzRoyCochrane, Hon. Thos. H. A. E.FitzGerald, Sir Robert Penrose-
Bailey, James (Walworth)Cohen, Benjamin LouisFitzroy, Hn.Edward Algernon
Bain, Colonel James RobertColston, Chas. Edw. H. AtholeFlannery, Sir Fortescue
Balcarres, LordCompton, Lord AlwyneFlavin, Michael Joseph
Baldwin, AlfredCorbett, A. Cameron (Glasgow)Flower, Sir Ernest
Balfour, Rt. Hn. A. J. (Manch'rCox,Irwin Edward BainbridgeForster, Henry William
Balfour, Capt. C. B. (Hornsey)Craig, Charles Curtis(Antrim,S.Foster, Philip S. (Warwick, S. W.
Balfour,Rt Hn Gerald W.(LeedsCripps, Charles AlfredGalloway, William Johnson
Balfour, Kenneth R. (Christch.Cross,Herb, Shepherd (Bolton)Gardner, Ernest
Banbury, Sir Frederick GeorgeCrossley, Rt. Hon. Sir SavileGarfit, William
Bartley, Sir George C. T.Cubitt, Hon. HenryGibbs, Hon. A. G. H.
Bathurst, Hon. Allen BenjaminCust, Henry John C.Gordon, Hn J.E.(Elgin&Nairn)
Bhownaggree, Sir M. M.Dalkeith, Earl ofGordon,Maj Evans (T'rH'mlet
Bignold, ArthurDalrymple, Sir CharlesGore, Hn. S. F.Ormsby- (Line.)
Bigwood, JamesDavenport, W. BromleyGoulding, Edward Alfred
Bill, CharlesDavies, SirHoratio D.(ChathamGraham, Henry Robert
Blundell, Colonel HenryDenny, ColonelGray, Ernest (West Ham)
Bond, EdwardDevlin, Joseph (Kilkenny,N.)Greene, Henry D. (Shrewsbury)
Bousfield, William RobertDickinson, Robert EdmondGreene, W. Raymond-(Cambs.)
Bowles, Lt.-Col.H.F.(MiddlesexDickson, Charles ScottGrenfell, William Henry
Brassey, AlbertDimsdale,Rt.Hn.Sir Joseph C.Gretton, John
Brodrick, Rt. Hon. St. JohnDisraeli, Coningsby RalphGreville, Hon. Ronald
Brown, Sir Alex. H. (Shropsh.)Dixon-Hartlaud,SirFred DixonGroves, James Grimble
Bull, William JamesDoogan, P. C.Hall, Edward Marshall
Burdett-Couts, W.Dorington, Rt. Hn. Sir John E.Hambro, Charles Erie
Butcher, John GeorgeDoughty, GeorgeHardy,Laurence(Kent Ashford
Carlile, William WalterDouglas, Rt. Hn. A. Akers-Hare, Thomas Leigh
Carson, Rt. Hon. Sir Edw. H.Doxford, Sir William TheodoreHarris, F. Leverton (Tynem'th)
Cautley, Henry StrotherDuke, Henry EdwardHarris, Dr. Fredk. R. (Dulwich)
Cavendish, V.C.W. (DerbyshireDarning-Lawrence, Sir EdwinHatch, Ernest Frederick Geo.
Cayzer, Sir Charles WilliamDyke, Rt. Hn. Sir William HartHay, Hon. Claude George

Amendment proposed—

"In page 1, line 17, after the word 'particular,' to insert the word 'existing.'"—(Mr. Secretary Akers-Douglas.)

Question, "That the Amendment be made," put, and agreed to.

Amendment proposed—

"In page 1, line 19, after the word 'an,' to insert the word "existing."—(Mr. Secretary Akers-Douglas.)

Question, "That the Amendment be made," put, and agreed to.

Amendment proposed—

"In page 1, line 23, after the word 'premises,' to insert the words 'and unless it appears to quarter sessions unnecessary, any other persons appearing to them to be interested in the question of the renewal of the licence of those premises.'"—(Mr. Secretary Akers Donglas).

Question put, "That the Amendment be made."

The Committee divided; Ayes 285; Noes, 198. (Division List No. 211.)

Heath, Arthur Howard (HanleyMassey-Mainwairing,Hn. W. FRutherford, John (Lancashire)
Heath, James (Staffords., N.W.Maxwell, Rt Hn. Sir HE (Wigt'nRutherford, W. W. (Liverpool)
Heaton, John HennikerMaxwell W.J. H (DumfriesshireSackville,Col. S. G. Stopford-
Holder, AugustusMelville, Beresford ValentineSadler, Col. Samuel Alexander
Henderson,Sir A. (Stafford, W.)Meysey-Thompson, Sir H. M.Samuel,Sir HarryS,(Limehouse
Hermon-Hodge, Sir Robert T.Mildmay, Francis BinghamSassoon, Sir Edward Albert
Hickman, Sir AlfredMilvain, ThomasScott, Sir S. (Marylebone, W.)
Hoare, Sir SamuelMolesworth, Sir LewisSeely, Charles Hilton (Lincoln)
Hogg, LindsayMontagu, G.(Huntingdon)Seton-Karr, Sir Henry
Hope, J.F.(Sheffield, BrightsideMontagu, Hn. J. Scott (Hauls.)Sharpe, William Edward T.
Houldsworth, Sir Wm. HenryMoon, Edward Robert PacySimeon, Sir Harrington
Hoult, JosephMoore, WilliamSkewes-Cox, Thomas
Houston, Robert PatersonMorgan, David J. (WalthamstowSmith, HC (North'mb,Tyneside
Howard, J. (Kent, Faversham)Morpeth, ViscountSmith, James Parker (Lanarks.)
Hozier, Hn. James Henry CecilMorrell, George HerbertSpear, John Ward
Hudson, George BickerstethMorrison, James ArchibaldStanley, Hn. Arthur(Ormskirk
Jameson, Major J. EustaceMorton, Arthur H. AylmerStanley, Edw. Jas. (Somerset)
Jebb, Sir Richard ClaverhouseMount, William ArthurStanley,Rt. Hon. Lord (Lanes.)
Jeffreys, Rt. Hon. Arthur FredMowbray, Sir Robert Gray C.Stewart, Sir Mark J.M'Taggart
Jessel, Capt. Herbert MertonMurray, Rt Hn. A.Graham (ButeStirling-Maxwell, Sir John M.
Johnstone, Heywood (Sussex)Murray,Charles J. (Coventry)Stock, James Henry
Kennaway, Rt. Hn. Sir John H.Murray, Col. Wyndham (Bath)Stone, Sir Benjamin
Kenyon, Hn. Geo. F. (Denbigh)Myers, William HenryStroyan, John
Kenyon-Slaney, Col. W. (Salop.Newdegate, Francis A. N.Strutt, Hon. Charles Hedley
Kerr, JohnNolan, Col. J. P. (Galway, N.)Talbot, Lord E. (Chichester)
Keswick, WilliamO'Brien, Patrick (Kilkenny)Talbot, Rt. Hn. J.G.(Oxf'd Univ
Kimber, HenryPalmer, Walter (Salisbury)Thorburn, Sir Walter
King, Sir Henry SeymourParker, Sir GilbertTollemache, Henry James
Knowles, Sir LeesPease, Herb. Pike (DarlingtonTomlinson, Sir Wm. Edw. M.
Laurie, Lieut.-GeneralPeel, Hn. Wm. Robert WellesleyTuff, Charles
Law, Andrew Bonar (Glasgow)Pemberton, John S. G.Tufnell, Lieut.-Col. Edward
Lawrence, Wm. F. (Liverpool)Percy, EarlValentia, Viscount
Lawson, J. Grant (Yorks. N.R.Pierpoint. RobertVincent, Col. Sir C.EH (Sheffield
Lee, Arthur H (Hants. FarehamPilkington, Colonel RichardVincent, Sir Edgar (Exeter)
Llewellyn, Evan HenryPlatt-Higgins, FrederickWalker, Col. William Hall
Lockwood, Lieut.-Col. A. R.Plummer, Walter R.Warde, Colonel C. E.
Loder, Gerald Walter ErskinePowell, Sir Francis SharpeWebb, Colonel William George
Long, Col. Chafe. W.(EveshamPretyman, Ernest GeorgeWelby, Lt. -Col. A. C. E. (Taunton
Long, Rt. Hn. Walter(Bristol S.Pryce-Jones, Lt.-Col. EdwardWelby, Sir Chas. G. E. (Notts
Lonsdale, John BrownleePym, C. GuyWentworth, Bruce C. Vernon-
Lowe, Francis WilliamQuilter, Sir CuthbertWharton, Rt. Hon. John Lloyd
Lowther, C. (Cumb., Eskdale)Rankin, Sir JamesWhiteley, H.(Ashton und. Lyne
Loyd, Archie KirkmanRatcliff, R. F.Whitmore, Charles Algernon
Lucas, Col. Francis (LowestoftReid, James (Greenock)Williams, Colonel Lt. (Dorset)
Lucas, Reginald J (PortsmouthRemnant, James FarquharsonWilloughby de Eresby, Lord
Lyttelton, Rt. Hon, AlfredRenshaw, Sir Charles BineWilson, A. Stanley (York, E.R.
Macdona, John GummingRenwick, GeorgeWilson-Todd, Sir W. H. (Yorks.)
MacIver, David (Liverpool)Richards, Henry CharlesWorsley-Taylor, Henry Wilson
Maconochie, A. W.Ridley, S. Forde (Bethnal GreenWortley, Rt. Hon.C. B. Stuart-
M'Arthur, Charles (Liverpool)Roberts, Samuel (Sheffield)Wyndham, Rt. Hon. George
M'Iver, Sir Lewis(Edinburgh WRobertson, Herb. (Hackney)Young, Samuel
M'Killop, James (Stirlingshire)Robinson, BrookeYounger, William
M'Killop, W. (Sligo, North)Rolleston, Sir John F. L.
Maejndie, James A. H.Rollit, Sir Albert KayoTELLERS FOR THE AYES—Sir
Malcolm, IanRopner, Colonel Sir RobertAlexander Acland - Hood
Martin, Richard BiddulphRound, Rt. Hon. Jamesand Mr. Ailwyn Fellowes.

NOES.

Abraham, William(Cork, N. E.)Bolton, Thomas DollingChanning, Francis Allston
Ainsworth, John StirlingBrigg, JohnChurchill, Winston Spencer
Allen, Charles P.Broadhurst, HenryCondon, Thomas Joseph
Ambrose, RobertBrown, George M.(Edinburgh)Craig, Robert Hunter (Lanark)
Ashton, Thomas GairBrunner, Sir John TomlinsonCremer, William Randal
Asquith, Rt. Hn. Herb. HenryBryce, Rt. Hon. JamesCrombie, John William
Atherley-Jones, L.Buchanan, Thomas RyburnCrooks, William
Barlow, John EmmottBurke, E. Haviland-Cross, Alexander (Glasgow)
Barran, Rowland HirstBurns, JohnCullinan, J.
Bayley, Thomas (Derbyshire)Burt, ThomasDalziel, James Henry
Beaumont, Wentworth C. B.Caldwell, JamesDavies, Alfred (Carmarthen)
Bell, RichardCameron, RobertDavies,M. Vaughan-(Cardigan
Benn, John WilliamsCampbell, John (Armagh, S.)Delany, William
Black, Alexander WilliamCampbell-Bannerman, Sir H.Dilke, Rt. Hon. Sir Charles
Boland, JohnCawley, FrederickDobbie, Joseph

Douglas, Charles M. (Lanark)Law, Hugh Alex. (Donegal, W.)Roe, Sir Thomas
Duncan, J. HastingsLawson, Sir Wilfrid (Cornwall)Rose, Charles Day
Dunn, Sir WilliamLayland-Barratt, FrancisRunciman, Walter
Edwards, PrankLeamy, EdmundRussell, T. W.
Elibank, Master ofLeese, Sir Joseph F.(AccringtonSamuel, S. M. (Whitechapel)
Ellice,CaptE.C(S.Andrw'sBghsLeigh, Sir JosephSchwann, Charles E.
Ellis, John Edward (Notts.)Leng, Sir JohnSeely, Maj. J. E. B.(IsleofWight
Emmott, AlfredLevy, MauriceShackleton, David James
Esmonde, Sir ThomasLewis, John HerbertShaw, Charles Edw. (Stafford)
Evans,Sir Francis H (MaidstoneLloyd-George, DavidShaw, Thomas (Hawick, B.)
Evans, Samuel T. (Glamorgan)Lough, ThomasSheehan, Daniel Daniel
Eve, Harry TrelawneyLundon, W.Sheehy, David
Farquharson, Dr. RobertLyell, Charles HenryShipman, Dr. John G.
Fenwick, CharlesMacNeill, John Gordon SwiftSlack, John Bamford
Ferguson, R. C. Munro (Leith)MacVeagh, JeremiahSloan, Thomas Henry
Fitzmaurice, Lord EdmondM'Crae, GeorgeSmith, Samuel (Flint)
Flynn, James ChristopherM'Fadden, EdwardSoames, Arthur Wellesley
Foster, Sir Walter (Derby Co.)M'Kenna, ReginaldStanhope, Hon. Philip James
Fowler, Rt. Hon. Sir HenryM'Laren, Sir Charles BenjaminStevenson, Francis S.
Freeman-Thomas, Captain F.Mansfield, Horace RendallSullivan, Donal
Fuller, J. M. F.Markham, Arthur BasilTaylor, Theodore C. (Radcliffe)
Furness, Sir ChristopherMooney, John J.Tennant, Harold John
Go ldard, Daniel FordMorgan, J. Lloyd (CarmarthenThomas, Abel (Carmarthen), E.
Grant, CorrieMorley, Charles (Breconshire)Thomas, Sir A. (Glamorgan, E.
Girffith, Ellis J.Moss, SamuelThomas, David Alfred (Merthyr
Guest, Hon. Ivor ChurchillMoulton, John FletcherThomas, J. A(Glamorgan,Gower
Gurdon, Sir W. BramptonMurphy, JohnTillet, Louis John
Ham, EdwardNewnes, Sir GeorgeTomkinson, James
Haldane, Rt. Hon. Richard R.Norton, Capt, Cecil WilliamToulmin, George
Harcourt, Lewis V (RossendaleNussey, Thomas WillansTrevelyan, Charles Philips
Harwood, GeorgeO'Brien,Kendal(Tipperary MidUre, Alexander
Hayden, John PatrickO'Doherty, WilliamWallace, Robert
Hemphill, Rt. Hon. Charles H.O'Donnell, T. (Kerry, W.)Walton, John Lawson (Leeds, S.
Henderson, Arthur (Durham)O'Dowd, JohnWalton, Joseph (Barnsley)
Higham, John SharpeO'Malley, WilliamWason, Eugene (Clackmannan)
Holland, Sir William HenryO'Shaughnessy, P. J.Wason, JohnCathcart (Orkney)
Hope, J. Deans (Fife, West)Parrott, WilliamWhite, George (Norfolk)
Horniman, Frederick JohnPartington, OswaldWhite, Luke (York, E. R.)
Humphreys-Owens, Arthur C.Paulton, James MellorWhitley, J. H. (Halifax)
Hutchinson, Dr. Chas. Fredk.Perks, Robert WilliamWhittaker, Thomas Palmer
Hutton, Alfred E. (Morley)Philipps, John WynfordWilliams, Osmond (Merioneth)
Jacoby, James AlfredPower, Patrick JosephWilson, Fred.W.(Norfolk.Mid.)
Johnson, John (Gateshead)Price, Robert JohnWilson, Henry J.(York, W. R.)
Joicey, Sir JamesPriestley, ArthurWilson, John (Falkirk)
Jones,DavidBrynmor (SwanseaRea, RussellWood, James
Jones, William (CarnarvonshireReckitt, Harold JamesWoodhouse,SirJ.T.(Hudd'rsfi'd
Jordan, JeremiahReddy, N.Yoxall, James Henry
Joyce, MichaelRickett, J. Compton
Kennedy, Vincent P.(Cavan, W.Rigg, RichardTELLERS FOR THE NOES.—Mr.
Kilbride, DenisRoberts, John Bryn (Eifion)Herbert Gladstone and Mr.
Kitson, Sir JamesRoberts, John H. (Denbighs.)William M'Arthur
Lambert, GeorgeRobson, William Snowdon
Langley, BattyRoche, John

said he wished to ask on a point of order whether those Members of the House who were personally and pecuniarily interested in the result of the division were entitled to vote.

*

The Rule of the House has always been that any Member who has a direct pecuniary interest is liable to have his vote struck off. I think I have correctly stated the Rule.

asked, as a matter of practice, in order to avoid complications and difficulties in the future, at what time should objection be taken to the votes of Members who had a direct personal pecuniary interest? The proper manner, he knew, would be to take objection immediately after the division, but there were so many gentlemen involved that they could not immediately bring all the votes that should be challenged to the notice of the House. Could they save themselves by taking formal exception now and giving notice that when the division list was printed they would bring the question before the House?

*

The practice has always been to call the attention of the House to the matter directly the division is taken.

AYES.

Agg-Gardner, James TynteDavies, Sir Horatio D(ChathamHozier, HonJamesHenryCecil
Agnew, Sir Andrew NoelDevlin, Joseph (Kilkenny, N.)Hudson, George Bickersteth
Anson, Sir William ReynellDickson, Charles ScottJameson, Major J. Eustace
Arkwright, John StanhopeHinsdale, Rt. Hon. Sir Joseph C.Jebb, Sir Richard Claverhouse
Arnold-Forster,Rt. Hn.HughO.Disraeli, Coningsby RalphJeffreys, Rt. Hon. ArthurFred.
Arrol, Sir WilliamDixon-Hartland, SirFred DixonJessel, Captain Herbert Merton
Atkinson, Rt. Hon. JohnDoogan, R. C.Johnstone, Heywood (Sussex)
Aubrey-Fletcher, Rt. Hn. SirH.Dorington, Rt.Hon. Sir John E.Kenyon, Hon. Geo. T.( Denbigh)
Austin, Sir JohnDoughty, GeorgeKenyon-Slaney,Col. W.(Salop.
Bagot, Capt. Joseeline FitzRoyDouglas, Rt. Hon. A. AkersKerr, John
Bailey, James (Walworth)Doxford, Sir William TheodoreKeswick, William
Bain, Colonel James RobertDurning-Lawrence, Sir EdwinKimber, Henry
Baird, John George AlexanderDyke, Rt. Hn. Sir William HartKing, Sir Henry Seymour
Balcarres, LordEgerton, Hon. A. de TattonKnowles, Sir Lees
Baldwin, AlfredFaber, Edmund B. (Hants, W.Laurie, Liet.-General
Balfour, Rt. Hn. A. J. (Manch'rFardell, Sir T. GeorgeLaw, Andrew Bonar (Glasgow)
Balfour, Capt. C. B. (Hornsey)Fergusson, Rt.HnSirJ.(Mane'rLawrence, Wm. F. (Liverpool)
Balfour,Rt.Hn.Gerald W.(LeedsFinch, Rt. Hon. George H.Lawson, JohnGrant( Yorks. N. R
Balfour, Kenneth R. (Chritsch.Finlay, Sir Robert BannatyneLee, Arthur H.(Hants,Fareham
Banbury, Sir Frederick GeorgeFisher, William HayesLlewellyn, Evan Henry
Hartley, Sir George C. T.Fison, Frederick WilliamLockwood, Lieut.-Col. A. R.
Bathurst, Hon. Allen BenjaminFitzGerald, Sir Robert PenroseLoder, Gerald Walter Erskine
Bhownaggree, Sir M. M.Fitzroy, Hon.Edward AlgernonLong, Col. Charles W.(Evesham
Bignold, ArthurFlannery, Sir FortescueLong, Rt.Hn.Walter (Bristol, S.
Bigwood, JamesFlower, Sir ErnestLonsdale, John Brownlee
Bill, CharlesForster, Henry WilliamLowe, Francis William
Blundell, Colonel HenryFoster, PhilipS.(Warwick,S.W.Lowther, C. (Cumb., Eskdale)
Bond, EdwardGalloway, William JohnsonLoyd, Archie Kirkman
Boscawen, Arthur Griffith-Gardner, ErnestLucas, Col. Francis (Lowestoft)
Bowles, Lt.-Col. H.F.(MiddlesexGarfit, WilliamLucas, Reginald J.(Portsmouth
Brassey, AlbertGibbs, Hon. A. G. H.Lyttelton, Rt. Hon. Alfred
Brodrick, Rt. Hon. St. JohnGordon, Hn. J.E.(Elgin&NairnMacdona, John Cumming
Brotherton, Edward AllenGordon, Maj Evans (T'rH'mletsMacIver, David (Liverpool)
Brown, Sir Alex. H. (Shropsh.)Gore, Hon. S. F. Ormsby (Line.)Maconochie, A. W.
Bull, William JamesGoulding, Edward AlfredM'Arthur, Charles (Liverpool)
Burdett-Coutts, W.Graham, Henry RobertM'Iver, SirLewis( Edinburgh,W
Butcher, John GeorgeGray, Ernest (West Ham)M'Killop, James (Stirlingshire)
Carlile, William WalterGreene, Henry D.(ShrewsburyM'Killop, W. (Sligo, North)
Carson, Rt. Hon. Sir Edw. H.Greene, W. Raymond (Cambs.)Majendie, James A. H.
Cautley, Henry StrotherGrenfell, William HenryMalcolm, Ian
Cavendish, V. C. W. (DerbyshireGretton, JohnMartin, Richard Biddulph
Cayzer, Sir Charles WilliamGreville, Hon. RonaldMassey-Mainwaring, Hn. W. F.
Cecil, Evelyn (Aston Manor)Groves, James GrimbleMaxwell, Rt. Hn. Sir H.E(Wigt'n
Cecil, Lord Hugh (Greenwich)Hall, Edward MarshallMaxwell, W.J.H(Dumfriesshire
Chamberlain, Rt. Hn. J.A(Wore.Hambro, Charles EricMelville, Beresford Valentine
Chaplin, Rt. Hon. HenryHardy, Laurence( Kent, AshfordMeysey-Thompson, Sir H. M
Chapman, EdwardHare, Thomas LeighMildmay, Francis Bingham
Charrington, SpencerHarris, F.Leverton(TynemouthMilvain, Thomas
Clare, Octavius LeighHarris, Dr. Fredk. R.(Dulwieh)Molesworth, Sir Lewis
Clive, Captain Percy A.Hatch, Ernest Frederick Geo.Montagu, G. (Huntingdon)
Coates, Edward FeethamHay, Hon. Claude GeorgeMontagu, Hn. J.Scott (Hants.)
Cochrane, Hon. Thos. H. A. E.Heath, Arthur Howard(HanleyMoon, Edward Robert Pacy
Cohen, Benjamin LouisHeath, James (Staffords.,N.W.)Moore, William
Colston, Chas. Edw. H. AtholeHeaton, John HennikerMorgan, David J.( Walthamstow
Compton, Lord AlwyneHelder, AugustusMorpeth, Viscount
Cox, Irwin Edward BainbridgeHenderson, Sir A.(Stafford, W.)Morrell, George Herbert
Craig, Charles Curtis (Antrim, S.Hermon-Hodge, Sir Robert T.Morrison, James Archibald
Cripps, Charles AlfredHickman, Sir AlfredMorton, Arthur H. Aylmer
Cross, Herb. Shepherd (Bolton)Hoare, Sir SamuelMount, William Arthur
Crossley, Rt. Hon. Sir SavileHogg, LindsayMowbray, Sir Robert Gray C.
Cubitt, Hon. HenryHope, J. F.(Sheffield, BrightsideMurray,Rt Hn A.Graham( Bute
Gust, Henry John C.Houldsworth, Sir Wm. HenryMurray, Charles J. (Coventry)
Dalkeith, Earl ofHoult, JosephMurray, Col. Wyndham (Bath)
Dalrymple, Sir CharlesHouston, Robert PatersonMyers, William Henry
Davenport, W. Bromley-Howard, John(KentFavershamNewdegate, Francis A. N.

Question put, "That Clause 1, as amended, stand part of the Bill."

The Committee divided:—Ayes, 281; Noes, 194. (Division List No. 212.)

Nolan, Col. John P. (Galway,N.Ropner, Colonel Sir RobertTomlinson, Sir Wm. Edw. M.
O'Brien, Patrick (Kilkenny)Round, Rt. Hon. JamesTuff, Charles
Palmer, Walter (Salisbury)Rutherford, John (Lancashire)Tufnell, Lieut.-Col. Edward
Parker, Sir GilbertRutherford, W. W. (Liverpool)Valentia, Viscount
Pease, HerbertPike( DarlingtonSackville, Col. S. G. StopfordVincent,Col Sir C.E.H(Sheffield
Peel, Hn.Wm. Robert WellesleySadler, Col. Samuel AlexanderVincent, Sir Eagar (Exeter)
Pemberton, John S. G.Samuel,Sir HarryS.(LimehouseWalker, Col. William Hall
Perey, EarlSassoon, Sir Edward AlbertWarde, Col. C. E.
Pierpoint, RobertScott, Sir S. (Marylebone, W.)Webb, Colonel William George
Pilkington, Colonel RichardSeely, Charles Hilton (LincolnWelby, Lt.-Col.A.C.E(Tauhton
Platt-Higgins, FrederickSeton-Karr, Sir HenryWelby, Sir Charles G. E. (Notts.
Plummer, Walter R.Sharpe, William Edward T.Wentworth, Bruce C. Vernon
Powell, Sir Francis SharpSimeon, Sir HarringtonWharton, Rt. Hon. John Lloyd
Pretyman, Ernest GeorgeSkewes-Cox, ThomasWhiteley, H. (Ashtonund Lyne
Pryce-Jones, Lt.-Col. EdwardSmith,H.C.(North' mb.TynesideWhitmore, Charles Algernon
Pym, C. GuySmith, James Parker (Lanarks.Williams, Colonel R. (Dorset)
Quilter, Sir CuthbertSpear, John WardWilloughby de Eresby, Lord
Rankin, Sir JamesStanley, Hon.Arthur(OrmskirkWilson, A.Stanley (York,E.R.)
Ratcliff, R. F.Stanley, Edward Jas.(SomersetWilson-Todd, SirW.H.(Yorks)
Reid, James (Greenock)Stanley, Rt. Hon. Lord (Lanes.Worsley-Taylor, Henry Wilson
Remnant, James FarquharsonStewart, SirMark J.M'TaggartWortley, Rt. Hon. C. B. Stuart
Renshaw, Sir Charles PineStirling-Maxwell, Sir John M.Wrightson, Sir Thomas
Renwick, GeorgeStock, James HenryWyndham, Rt. Hon. George
Richards, Henry CharlesStone, Sir BenjaminYoung, Samuel
Ridley, S. Forde(BethnalGreenStroyan, JohnYounger, William
Roberts, Samuel (Sheffield)Strutt, Hon. Charles Hedley
Robertson, Herbert (Hackney)Talbot, Lord E. (Chichester)TELLERS FOR THE AYES.—Sir
Robinson, BrookeTalbot, Rt.Hn.J.G(Oxf'd Univ.Alexander Acland-Hood and
Rolleston, Sir John F. L.Thorburn, Sir WalterMr. Ailwyn Fellowes.
Rollit, Sir Albert KayoTollemache, Henry James

NOES.

Abraham, William (Cork, N.E.Davies, M. Vaughan (CardiganHorniman, Frederick John
Ainsworth, John StirlingDelany, WilliamHutchinson, Dr.CharlesFredk.
Allen, Charles P.Dilke, Rt. Hon. Sir CharlesHutton, Alfred E. (Morley)
Ambrose, RobertDobbie, JosephJacoby, James Alfred
Ashton, Thomas GairDouglas, Charles M. (Lanark)Johnson, John (Gateshead)
Asquith,Rt. Hn. Herbert HenryDuncan, J. HastingsJoicey, Sir James
Atherley-Jones, L.Dunn, Sir WilliamJones, DavidBrynmor(Swansea
Barlow, John EmmottEdwards, FrankJones, William(Carnarvonshire
Barran, Rowland HirstElibank, Master ofJordan, Jeremiah
Bayley, Thomas (Derbyshire)Elhco,CaptE.C.(StAndrw'sBghsJoyce, Michael
Beaumont, Wentworth C. B.Ellis, John Edward (Notts.)Kennedy, Vincent P.(Cavan,W
Bell, RichardEmmott, AlfredKilbride, Denis
Benn, John WilliamsEsmonde, Sir ThomasKitson, Sir James
Black, Alexander WilliamEvans, Sir Francis H(MaidstoneLambert, George
Boland, JohnEvans, Samuel T. (Glamorgan)Langley, Batty
Bolton, Thomas DollingEve, Harry TrelawneyLawson, Sir Wilfrid (Cornwall)
Brigg, JohnFarquharson, Dr. RobertLayland-Barratt, Francis
Broadhurst, HenryFenwick, CharlesLeese, Sir Joseph F(Accrington
Brown, George M. (Edinburgh)Ferguson, R. C. Munro (Leith)Leigh, Sir Joseph
Brunner, Sir John TomlinsonFitzmaurice, Lord EdmondLeng, Sir John
Bryce, Rt. Hon. JamesFlavin, Michael JosephLevy, Maurice
Buchanan, Thomas RyburnFlynn, James ChristopherLewis, John Herbert
Burns, JohnFoster, Sir Walter (Derby Co.)Lloyd-George, David
Burt, ThomasFowler, Rt. Hon. Sir HenryLough, Thomas
Caldwell, JamesFreeman-Thomas, Captain F.Lundon, W.
Cameron, RobertFurness, Sir ChristopherLyell, Charles Henry
Campbell, John (Armagh, S.)Goddard, Daniel FordMacnamara, Dr. Thomas J.
Campbell-Bannerman, Sir H.Grant, CorrieMacNeill, John Gordon Swift
Cawley, FrederickGriffith, Ellis J.MacVeagh, Jeremiah
Charming, Francis AllstonGuest, Hon. Ivor ChurchillM'Crae, George
Churchill, Winston SpencerGurdon, Sir W. BramptonM'Fadden, Edward
Condon, Thomas JosephHain, EdwardM'Kenna, Reginald
Corbett, A. Cameron (Glasgow)Haldane, Rt. Hon. Richard B.M'Laren, Sir Charles Benjamin
Craig, Robert Hunter (Lanark)Harcourt, Lewis V.(RossendaleMansfield, Horace Rendall
Cremer, William RandalHarwood, GeorgeMarkham, Arthur Basil
Crombie, John WilliamHayden, John PatrickMorgan, J. Lloyd (Carmarthen)
Crooks, WilliamHemphill, Rt. Hon. Charles H.Morley, Charles (Breconshire)
Cross, Alexander (Glasgow)Henderson, Arthur (Durham)Moss, Samuel
Cullman, JHigham, John SharpeMoulton, John Fletcher
Dalziel, James HenryHolland, Sir William HenryMurphy, John
Davies, Alfred (Carmarthen)Hope, John Deans (Fife, West)Newnes, Sir George

Norton, Capt. Cecil WilliamRose, Charles DayThomas, J. A(Glamorgan,Gower
Nussey, Thomas WillansRunciman, WalterTillet, Louis John
O'Brien, Kendal(Tipperary Mid.Russell, T. W.Tomkinson, James
O'Doherty, WilliamSamuel, S. M. (Whitechapel)Trevelyan, Charles Philips
O'Dowd, JohnSchwann, Charles R.Ure, Alexander
O'Malley, WilliamSeely, Maj. J.E.B.(Isle of WightWallace, Robert
O'Shaughnessy, P. J.Shackleton, David JamesWalton, John Lawson(Leeds,S.)
Parrott, WilliamShaw, Charles Edw. (Stafford)Walton, Joseph (Barnsley)
Partington, OswaldShaw, Thomas (Hawick B.)Wason, Eugene (Clackmannan)
Paulton, James MellorSheehan, Daniel DanielWason, JohnCathcart(Orkney)
Perks, Robert WilliamSheehy, DavidWhite, George (Norfolk)
Philipps, John WynfordShipman, Dr. John G.White, Luke (York, E. R.)
Power, Patrick JosephSinclair, John (Forfarshire)Whitley, J. H. (Halifax)
Price, Robert JohnSlack, John BamfordWhittaker, Thomas Palmer
Priestley, ArthurSloan, Thomas HenryWilliams, Osmond (Merioneth)
Rea, RussellSmith, Samuel (Flint)Wilson, Fred. W.(Norfolk,Mid.
Reckitt, Harold JamesSoames, Arthur WellesleyWilson, Henry J. (York, W.R.)
Reddy, M.Stanhope, Hon. Philip JamesWilson, John (Falkirk)
Riekett, J. ComptonStevenson, Francis S.Wood, James
Rigg, RichardSullivan, DonalWoodhouse, Sir J.T. (Hudd'rsfi'd
Roberts, John Bryn (Eifion)Taylor, Theodore C.(Radeliffe)Yoxall, James Henry
Roberts, John H. (Denbighs.)Tennant, Harold John
Robson, William SnowdonThomas, Abel (Carmarthen, E.)TELLERS FOR THE NOES—Mr
Roche, JohnThomas, Sir A.(Glamorgan, E.)Herbert Gladstone and Mr.
Roe, Sir ThomasThomas, David Alfred(MerthyrWilliam M'Arthur.

Mr. Chairman, I desire to call your attention to the fact that in the last division a number of Members voted in contravention of a Standing Order of the House. I refer to Order No. 143 which precribes that—

"A Member may not vote on any question in which he has a direct pecuniary interest."
I am going to submit to you the names of several Members who have a direct pecuniary interest in the subject-matter of the last division, and who voted in support of that interest. There have been two divisions on the question of compensation—one at eleven o'clock and the other the last division. In the first the majority was sixty-nine, and of those sixty-three had a direct pecuniary interest in the subject. I will pick out one or two instances and ask the judgment of the House upon them. I will take first the case of the hon. Member for South Salford. I submit that that hon. Member has a direct pecuniary interest in the vote he has recorded; it was a vote in favour of giving compensation for the first time in respect of licences disallowed. Under the present law he would receive no compensation in respect of houses the licences of which were refuse renewal by the magistrates. The moment this Bill becomes law it will add enormously to the value of his property; it will appreciate the value of the brewery shares he holds; and in respect of any houses which, in future, are disallowed he will receive a direct pecuniary advantage. In the circumstances, I submit that the vote of the hon. Member should be disallowed, and I move that the vote of the hon. Member for South Salford in the last division be disallowed on the ground that he had a direct pecuniary interest in the vote which he recorded.

*

There is no Standing Order that is applicable to the case. The book from which the hon. Member has quoted is not the Standing Orders, although I have no doubt that they are correctly stated in that book. The last ruling that I can find on the subject occurred on the Local Government (Ireland) Bill, 1898, when Mr. Speaker ruled as follows —

"The Rule of the House is well understood. There must be a direct pecuniary interest of a private and particular nature, and not of a public and general nature; and where the question before the House is of a public and general nature, and incidentally involves the pecuniary interests, of a class which includes Members of the House, they are not prevented by the Rules of the House from voting.
Therefore I do not think the Motion of the hon. Member would be in order.

I understand that Mr. Speaker's ruling was that where the pecuniary advantage was incidental the general rule would not apply. I submit, however, that here the advantage is not incidental, but that the whole object and purpose of this Bill and this clause is to confer a direct pecuniary interest upon this class, and, as a matter of fact, does confer it. Therefore, I submit, this case comes within the Standing Order.

*

I know that view is taken by the hon. Member and by a great many other hon. Members, but I think he will admit that it is not the universal view. [OPPOSITION cries of "It ought to be left to the House."] There is also this to be said, that it is perfectly possible that the hon. Member's financial position will not be affected in any way. [OPPOSITION cries of "Let him say whether or not it is."] Will hon. Members kindly allow me to finish the sentence? Supposing that none of the licences in which he is interested are affected. The interest of the hon. Member is not of that direct personal character to which the ruling of Mr. Speaker refers.

May I call your attention to the Rule which says—

"The Member whose vote is questioned by such a Motion may rise in his place to explain his position."

*

I have already said that for the reasons I have given I do not think such a Motion as that which has been suggested can be properly moved.

As I understand, you have put the supposition to the Committee that the interest of the hon. Member may not be affected. I respectfully submit to you, Sir, that we should have that as a matter of fact, or otherwise, stated by the hon. Member.

May I quote a specific case? I believe it is the fact that the hon. Member had negotiations with the justices of Manchester in regard to certain houses in which he is interested and an arrangement had been practically come to whereby the licences of those houses were to be surrendered. But owing to the interview between the Prime Minister and the brewers a year ago—I think the hon. Member's own avowal has acknowledged that—those negotiations fell through. Can it, therefore, be argued after that that the hon. Member is not directly interested.

*

I do not know anything about the facts referred to by the hon. Member. I base myself upon the ruling of Mr. Speaker in the case to which I have referred

'….where the question. … is of a public and general nature—"
I think it is so in this case—["No."]—
"and incidently involves the pecuniary interest of a class which includes Members of the House they are not prevented by the Rules of the House from voting."

On the point of order may I submit that this is not a measure of a public nature; it does not incidentally include a class. It refers entirely to a class, and only to that class.

*

I cannot accept the view of the hon. Member that this Bill does not deal with matters of a public nature.

May I point out that the rule begins by saying, "A Member may not vote on any question in which he has a pecuniary interest"?

*

Rule 143. Surely it is a question of fact whether or not the Member whose vote is challenged has a direct pecuniary interest. May I suggest that it is not for you, Sir, as Chairman of Committees, to be, in your official character, so well-acquainted with his private affairs as to be able to pronounce whether a Member has or has not a direct pecuniary interest? The ruling that was given in May with regard to that says—

"The interest must be a direct pecuniary interest, and separately belonging to the persons whose votes are questioned and not in common with the rest of His Majesty's subjects."
The hon. Member put it as a question of fact that in this case the vote with regard to the compensation for licences is a vote in a matter in which the Member, whose vote is challenged, has a direct pecuniary interest, and I submit that the House has a right to have that—

*

The hon. Member is entitled to submit a point of order to me, but I do not think he will be in order in making a speech on it. May I point out to the hon. Member that what he has quoted from is really a manual or guide? He has not quoted from the Standing Orders. The Standing Orders of the House do not refer to this matter, but I have quoted from the last decision of Mr. Speaker on the subject. Mr. Speaker decides points of order as they rise in the House, and it is my duty to decide upon points of order that arise in Committee.

said, on the point of order, Sir, may I ask whether the conduct of the hon. Member in question falls within the ruling of Mr. Speaker which you have quoted, and is not rather a matter for the House than the Chair?

*

And, it being after Midnight, the Chairman left the Chair to make his Report to the House.

Committee report Progress; again upon Monday next.

Adjournment

THE PARLIAMENTARY SECRETARY OF THE TREASURY
(Sir A. ACLAND-HOOD, Somersetshire, Wellington)

moved, "That the House do now adjourn."

Motion made, and Question proposed, "That this House do now adjourn."

said he wished to ask a question with reference to the present position in Tibet. He understood that some information had been received in the course of the day with reference to certain operations which had taken place. He should like to know what the result of those operations had been, and also whether, in view of what had taken place, the time had not now arrived for the Government to give the House some indication of the effect of those operations with regard to their future policy. They wanted to know whether the right hon. Gentleman could now repeat the statement he made some months ago that the operations were at an end. What was the attitude of the Government with regard to this matter, and had any instructions been given to the officer in command of our forces there? He hoped the right hon. Gentleman would be able to give the House some information which would lead them to believe that they were coming to an end of this sorry business.

asked the right hon. Gentleman to explain why information received by the Government had been published in the newspapers before being communicated to this House.

said he wished to call attention to the fact that the suzerain Power had not been consulted in this matter. It had been deliberately ignored, and the present operations were a distinct violation of the promises made by the Prime Minister on the floor of the House a short time ago. The right hon. Gentleman stated that the negotiations were to be of a peaceful character, and he said most distinctly that there was no intention of warlike operations, or of annexing or occupying territory. He trusted that the right hon. Gentleman would be able to give a distinct assurance that warlike operations would not be conducted against a peaceful people.

said there was news going through the city in the afternoon that some operations had taken place. Why was the Minister in charge of the India Office not present to explain to the House what had happened? Was his office a mere sinecure t He thought it was a very great scandal that the right hon. Gentleman was not present. He was very well paid for being present.

asked the right hon. Gentleman to be good enough to state whether there were any gold mines in Tibet.

said he wished to know what our position was with regard to China. Were we at war with China, or were we trying to put down some troubles in a country of which China was suzerain?

said he might be allowed to reply in the first place to the remarks of the hon. Member who spoke last but two. That hon. Gentleman's complaint was that he was not present to give information at Question time. As there were no Questions on the Paper addressed to him, and as no Member had given him private notice of his intention to ask for information, he was not actually in the House when the Question was put, but he had been in the precincts since the House met. If there had been any important communication to be made to the House he would not have failed to be present there. The Government had received no confirmation as yet of the information in Renter's telegrams that afternoon as to the force at Gyangtse having occupied the Jong, but as soon as any information was received he would communicate it through the Press. [Loud cries of "To the House of Commons."] An hon. Gentleman had asked a Question as to the policy of His Majesty's Government. He thought it was too late an hour — [Loud OPPOSITION cries of "No, No!"]—to enter on a disquisition as to the work of His Majesty's forces in Tibet. All he could say was that the policy of His Majesty's Government had changed in no single particular from what was laid down in the telegram to the Viceroy of 6th November last year, and which had been repeatedly affirmed by the House. The operations of the last few days had led the Government to hope that, at last, Tibetan representatives would approach Colonel Younghusband; and a delay had been made in the advance to Lhasa, which had been fixed for the 25th of last month; but it appeared that the Tibetan representatives were not possessed of sufficient credentials, or of any credentials at all. They were there apparently simply to delay the advance of our troops, which it was desirable should not be delayed within the comparatively short time which should pass before the commencement of the Tibetan winter. At any moment negotiations might take place if the Tibetan authorities would send negotiators with sufficient powers to negotiate. It was not the desire of His Majesty's Government to ask for anything at variance with their previous declaration, or to make any more onerous conditions of re paration for what had taken place, and what the House had affirmed to be necessary.

said he thought that the explanation was very unsatisfactory. The point he wished to draw attention to was, that if the Government had received no special news from India, how was it that the Prime Minister had possessed himself of a telegram which he read to the House that afternoon? Had the right hon. Gentleman the Secretary for India read that telegram?

Telegrams are constantly passing between the India Office and the Viceroy.

said he thought the right hon. Gentleman was treating the matter with some levity. The telegram which the Prime Minister had read to the House stated that the bombardment of the Jong had commenced at a certain hour; but it was said that the result was not in the possession of the Government. He asked the Secretary for India whether any supplementary telegram had bean received by the Government. When serious warlike operations of this kind were being undertaken, the Government ought to afford the House some information. He understood that a British officer had been killed and that other serious casualties had taken place, and he thought that some information should be given to the House. On the larger question raised about negotiations with the Tibetans, the right hon. Gentleman repeated that the Government desired to negotiate with them. But if these Tibetans did not desire to negotiate and wanted to simply live peacefully in their own land, was this policy of butchery and extermination to be carried out to the bitter end? Perhaps the Prime Minister would give the House some information. He was responsible for the Government. He was sure that it would be received with satisfaction by the country that there was some prospect that these cruel operations against a people practically unarmed would be put a stop to.

Question put, and agreed to.

Adjourned at twenty-live minutes before One o'clock,