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Commons Chamber

Volume 142: debated on Thursday 9 March 1905

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House Of Commons

Thursday, 9th March, 1905.

The House met at Two of the Clock.

Private Bill Business

Rotherham, Maltby and Laughton Railway Bill (by Order). Read a second time, and committed.

Norwich Union Life Insurance Society Stamp Duties

Considered in Committee.

(In the Committee.)

[Mr. JOHN ELLIS (Nottinghamshire, Rushcliffe) in the Chair.]

Motion made, and Question proposed, "That, in lieu of the Stamp Duties which would have been payable upon the deeds or assurances which, in case the Bill had

not been passed into an Act, would have been required to pass to and vest in the Society certain property, there be charged a Stamp Duty of five pounds, and such Duty shall be impressed upon the copy of the intended Act to be delivered to the Registrar of Joint Stock Companies under the section of this Act the marginal note whereof is 'Copy of Act to be registered.' "—( Mr. Caldwell.)

Clause 1.

said all the matters contained in the Bill had been carefully considered by the Private Bill authorities in conjunction with the parties concerned, and there was no opposition.

But what is the effect of the Bill. It proposes something and we ought to have some explanation.

said it dealt with the stamp duties. The matter had been carefully considered. The Bill was one for which the consent of the Crown was necessary, and it was forthcoming.

said the Bill, he understood, dealt with a revenue question and imposed an extra stamp duty. If that were so it could only, under the forms of the House, be proposed by a Minister of the Crown, and not by a private Member, even one so distinguished as the hon. Member for Mid.-Lanark.

said it was on the last occasion proposed by a Privy Councillor on behalf of the Crown.

thought the circumstances very peculiar and pressed for some explanation.

agreed that a Minister of the Crown ought to be present to answer Questions, and he therefore moved to report Progress.

Motion made, and Question, "That the Chairman do report Progress; and ask leave to sit again,"—(Mr. Whitley,)—put, and agreed to.

Committee report Progress; to sit again to-morrow.

Mullingar, Kells, And Drogheda Railway Bill

"To abandon the Drogheda section of the undertaking authorised by the Mullingar, Kells, and Drogheda Railway Acts, 1903 and 1904; and for other purposes," presented, and read the first time; and referred to the Examiners of Petitions for Private Bills.

Colne Corporation Bill

Ordered, That it be an Instruction to the Committee on the Colne Corporation Bill to omit Clause 30 of the Bill.—( Sir Edward Strachey.)

Petitions

Agricultural Rates, Congested Districts, And Burgh Land Tax Relief (Scotland) Act, 1896

Two Petitions from Renfrewshire, for continuance; to lie upon the Table.

Licensed Premises (Hours Of Closing)

Petition from Bootle, for alteration of Law; to lie upon the Table.

Town Holdings (Terminable Leases)

Petition from Blackrock, for legislation; to lie upon the Table.

Women's Enfranchisement Bill

Petition from Dundee, in favour; to lie upon the Table.

Returns, Reports, Etc

Army Estimates, 1905–6

Copy presented, of Army Estimates of Effective and Non-Effective Services for the year ending 31st March, 1906 [by Command]; referred to the Committee of Supply, and to be printed. [No. 73.]

Army (Ordnance Factories Estimates, 1905–6)

Estimate presented, of the sum required for the year ending 31st March, 1906, to defray the Expense of the Ordnance Factories [by Command]; referred to the Committee of Supply, and to be printed. [No. 78.]

Trade Reports (Miscellaneous Series)

Copies presented, of Diplomatic and Consular Reports, Miscellaneous Series, Nos. 629 and 630 [by Command]; to lie upon the Table.

Emigration (Colonies)

Copy presented, of Report on the Emigrants' Information Office for the year ended 31st December, 1904 [by Command]; to lie upon the Table.

Sugar (Cost) (Great Britain And Foreign Countries)

Return ordered, "showing the price per pound retail of the kind of sugar most largely consumed by the working classes, whether refined or unrefined, on or about the 1st day of March, 1905, in the capital cities of Germany, Austria-Hungary, Belgium, France, Holland, Russia, Denmark, and Great Britain, respectively, together with the amount, in English currency, of the existing Customs and Excise duties respectively per pound in each case."—( Mr. Gibson Bowles.)

Questions And Answers Circulated With The Votes

Colonial Securities—Double Payment Of Estate Duty

To ask the Secretary of State for the Colonies if his attention has been called to the fact that the executors of a deceased gentleman domiciled in New Zealand, after having paid estate duty at the rate of 10 per cent. in New Zealand in respect of certain New Zealand securities, have been compelled to pay estate duty again in England at the rate of 5 per cent. in respect of the same New Zealand securities, making a total estate duty of 15 per cent.; and whether, with a view to the reciprocal operation as between this country and the Colonies of Section 20 (Sub-sections 1 and 3) of the Finance Act, 1894, he will take such steps or make such representations as will prevent such double payment. (Answered by Mr. Secretary Lyttelton.) My attention has been called to a recent case of the nature referred to by the hon. Member, and I am in communication with the Government of New Zealand on the subject.

Publication Of Report Of Commission On Native Affairs In South Africa

To ask the Secretary of State for the Colonies whether he will present to Parliament the recently issued Report of the South African Commission on Native Affairs. (Answered by Mr. Secretary Lyttelton.) I propose to lay the Report in the form in which it has recently been published in South Africa.

Administrative Expenses And Income Of The Ecclesiastical Commissioners

To ask the hon. Member for West Salford, as Church Estates Commissioner, if he will state the total administrative expenses (including legal expenses and fees to architects and surveyors) of the Ecclesiastical Commissioners for England in each of the financial years from 1890 to 1904, both inclusive, and the income of the Ecclesiastical Commissioners in each of the said years. (Answered by Sir Lees Knowles.) The information desired is, in relation to each financial year of the Ecclesiastical Commissioners, contained in their Annual Report laid before both Houses of Parliament. For the years mentioned in the

Year ending 31st OctOfficial Establishment Expenses.Legal Expenses.Surveyor's Charges.Architects' Charges.Total.Income of the Commissioner's Common Fund.
£s.d.£s.d.£s.d.£s.d.£s.d.£s.d.
189032.7665714,3321797,485621,44991156,0331951,151,047310
189132,83217108,379176,983431,1979346,39212111,219,414154
189232,2897312,1351996,4487101,1778552,051331,209,137121
189332,3519510,653655,92810111,30516750,239341,186,063140
189432,29015117,8871115,7661171,54661147,491561,232,528179
189532,2721527,424497,090941,1014247,8881351,258,9951611
189632,5728109,853227,1701491,24531150,841981,266,735147
189732,932187,09711116,8191201,1607248,0091291,286,801111
189833,4761976,5431256,79414101,24012348,055191l,314,25655
189934,3431117,352527,7681571,0741150,53812111,371,5801311
190034,764286,576717,16412111,280101149,7851371,400,59208
190133,87513107,1581957,130291,1488349,313431,466,939125
190234,8014810,1361008,2081931,50619954,6531381,509,92098
190330,5921728,5401017,294701,2563647,6831791,517,802128
190430,9391667,4981758,4640101,5283648,4301831,531,17743

Workmen's Compensation Scheme For Government Employees

To ask Mr. Attorney-General, with reference to the statement made on behalf of the then Government, July 12th, 1897, that it was their intention to turn the compensation warrant as to Crown workmen into a scheme under the Workmen (Compensation for Accidents) Act, whether the scheme under the Act is still in force, and will be reconsidered in connection with any changes to be introduced by the Government Bill of the present session. (Answered by Mr. Victor Cavendish.) The scheme accepted by Government workmen under Section 3 of the Workmen's Compensation Act, 1897, is still in force. Before any new scheme is proposed for their acceptance full consideration will be given to any alterations that

Question, the income of the Commissioner's Common Fund, and the expenses paid thereout, were as follows:—

may in the meantime be made in the law.

Motor-Car Whistles

To ask the President of the Local Government Board whether his attention has been called to an advertisement of a patent whistle for motor-cars louder than a railway whistle, which can be heard half-a-mile ahead; and whether he can take any steps to prevent the use of an apparatus of that kind. (Answered by Mr. Walter Long.) I have not seen the advertisement referred to by my hon. friend, and I do not at present see my way to take any steps in the matter.

Report Of Mansion House Unemployed Committee

To ask the President of the Local Government Board whether, in view of the legislation promised on the subject of the unemployed, he will advise the Central Mansion House Committee to prepare a Report, to be presented to Parliament, giving a detailed account of their proceedings, and of the results as yet obtained. (Answered by Mr. Walter Long.) I contemplated that the Central Committee would make a Report, and I understand that preparatory steps for this purpose are being already taken. I fear, however, that some time must necessarily elapse before a detailed Report could be presented to Parliament.

Electrified District Railway—Protection Of The Public

To ask the President of the Board of Trade whether under the proposed electrical equipment on the District Railway there will only be one motor-man to each train; whether, having regard to the safety of the public, he will take steps to secure that there be two motor-men to each train. (Answered by Mr. Gerald Balfour.) I am informed by the railway company that every electrical train, whether of seven, four, or three cars, on the District Railway will, in addition to the motor-men, have one or more men who will be thoroughly instructed in the control of the motors. It may be added that the effect of the withdrawal of the motorman's hand from the lever would simply be to cut off the current and stop the train. As a further precaution, if a train passes a signal set at danger it will instantly be stopped through the automatic application of the brakes. I see no reason to take any action in the matter.

Division Of The Kingston Estate

To ask Mr. Attorney-General for Ireland whether he can state what part, if any, of the Kingston Estate is excluded from the five sections into which the vendor has applied to the Estates Commissioners to have the estate divided; and if he will give the names of the townlands comprising each section respectively, and the number of tenants in each such proposed separate estate who have signed the purchase agreements; lodged with the Estates Commissioners. (Answered by Mr. Atkinson.) The Commissioners have declared all the lands comprised in certain specified townlands to be four separate estates. There are nearly 200 of these townlands, and I do not consider that any useful purpose would be served by enumerating them. The agreements to purchase have not yet been checked, and until this has been done the number of tenants included in each separate estate cannot be given. It is understood that the vendor proposes to include the remainder of the property in a fifth originating application.

Alleged Theft Of £5 Note From Mr Hannon

To ask Mr. Attorney-General for Ireland whether he is aware that, on the 9th ultimo, the refusal of Sergeant Booth of the C Division to investigate the theft of £5 belonging to a man called Hannah, was reported to the Commissioner of the Dublin Metropolitan Police in writing; whether, seeing Hannah occupies apartments in Sergeant Booth's house and that other thefts of money belonging to Hannah were traced by the sergeant to his son, he will state why the Commissioner has not replied to Hannah's complaint and no action has been taken in the matter. (Answered by Mr. Atkinson.) Hannon, who was a lodger in the house of Sergeant Booth, received notice to quit on January 2nd. A few days subsequently he stated to the sergeant that a £5 note had been abstracted from a box belonging to his father, and demanded that the sergeant should investigate the alleged theft. The sergeant considered it would be indiscreet for him to take up the case, and requested Hannon to report the matter at the police station, with a view to its investigation independently by another officer. Hannon neglected to take this course, and took no further action until February 9th, when he made a written report to the Chief Commissioner. The police have not yet succeeded in tracing the missing note or in obtaining any information which would corroborate Hannon's account of the reported loss. Hannon is aware that inquiry is being made, and he will be informed of the result in usual course when the inquiry has been completed. The Chief Commissioner is not aware of any foundation for the insinuation in the Question that the sergeant's son, who is a boy under ten years of age, has been guilty of any theft of money.

Royal Irish Constabulary — Average Number Of Men In Charge Of County And District Inspectors

To ask Mr. Attorney-General for Ireland whether he can state what is the average Dumber of men in the Royal Irish Constabulary in charge of a county and district inspector respectively; and will he say whether the two officers by which the force has been reduced since August, 1903, were county or district inspectors. (Answered by Mr. Atkinson.) The average number of men in charge of a county inspector (including the force in Belfast) is 261. The average number of men in charge of a district inspector is forty-eight. The two officers by which the force has been reduced since August, 1903, were district inspectors.

Labourers' Cottages In The Athlone Union

To ask Mr. Attorney-General for Ireland if he is aware that Mr. Barnewell Crofton, Local Government Board Inspector, held an inquiry in the Board Room of the Athlone Union on July 9th last, and approved of the erection of eight labourers' cottages, and that on the next day he visited the sites and approved of them; and, if so, will he say what is the cause of the delay in erecting the cottages; and will the plots be given to the labourers this spring in order that they may be fenced in and potatoes planted. (Answered by Mr. Atkinson.) The Provisional Order, authorising the erection of six of the eight cottages proposed, became absolute on the 21st ultimo, and the rural district council are now in a position to apply for a loan to put the scheme in respect of these six cottages into effect. The remaining two cottages were petitioned against, and the council have abandoned their intention to provide them.

Promotion And Pensions Of Irish National School Teachers

To ask Mr. Attorney-General for Ireland if he will give the number of national school teachers in Ireland promoted from third to second grade, second to second of first grade, and second of first to first section of the first grade respectively, for the triennial period ending March 31st 1903; and of the number thus promoted how many up to the present time have been advanced to a higher class pension scale. (Answered by Mr. Atkinson.) For the triennial period ended March 31st, 1903, 580 teachers were promoted to the second grade, 113 to the second of first grade, and 55 to first of first grade. In 601 of these cases the question of pension advancement does not arise, inasmuch as the teachers interested were not promoted to a grade higher than their previous respective classes. In the remaining 147 cases the teachers were promoted to a grade higher than their previous classes.

Postal Facilities At Redford-Moy, County Tyrone

To ask the Postmaster-General whether he has received a memorial in favour of a pillar letter box being placed at Redford-Moy, county Tyrone; and if he can remove the grievance of a large district in regard to the posting of letters. (Answered by Lord Stanley.) An application has been received for the erection of a letter box at Redford near Moy, and inquiries are now being made on the subject.

Appointment Of Chief Telegraph Superintendent At Bristol

To ask the Postmaster-General whether he is aware that the post of chief telegraph superintendent has been vacant at Bristol since February, 1904; and, if so, whether, in view of the recommendation of the Tweedmouth Committee that vacant superior appointments should be filled without delay, and the stoppage of promotion in the Telegraph Department, he will direct that the necessary appointment be made speedily. (Answered by Lord Stanley.) The vacancy is not an ordinary one, but is caused by the creation of a new and important appointment. Matters relating to the telegraph department at Bristol have required special consideration, and I have not yet been in a position to select a thoroughly suitable officer to fill the vacancy, but I hope to be able to do so very shortly,

Posting Of Late-Fee Letters

To ask the Postmaster-General whether, in view of the fact that a new regulation will come into force on March 15th requiring letters bearing the late fee of an extra halfpenny stamp to be posted in a special box at a post office instead of as at present in any pillar box, he will, in the interest of the public convenience, consider the advisability of retaining the existing facilities of posting. (Answered by Lord Stanley.) Owing to the enormous growth of the correspondence falling into the 7 p.m. collection in the central districts of London it is not now possible in the short time available to pick out all the letters, etc., bearing a late-fee stamp if they are posted in the same box as other letters. The result is that some of them fail to be selected in time for inclusion in the mails for which they are intended. To obviate this I have reluctantly been compelled to restrict the posting of these late-fee letters to special boxes which have been provided at all post offices in the districts affected.

Sunday Delivery Of Letters Between Belturbet And Milltown

To ask the Postmaster-General if he will give a Sunday post between Belturbet and Milltown, county Cavan, and, if necessary, even withdraw one of the ordinary week-day deliveries, seeing that Sunday is availed of almost exclusively for country correspondence, and that it is the day on which American letters, local newspapers, etc., are due to arrive. (Answered by Lord Stanley.) I will make inquiry on the question of establishing a Sunday post between Belturbet and Milltown, and will communicate the result to the hon. Member in due course.

Education—Circular 512

To ask the Secretary to the Board of Education whether his attention has been called to a leaflet issued by the Emergency League in which it is stated that Circular 512 sent out by the Board of Education is practically a dead letter, and the League is prepared to defend any case of prosecution under it; and whether he is ready, under these circumstances, to support authorities in enforcing the demands of the circular. (Answered by Sir William Anson.) My attention has been called to the leaflet in question. There is no ground for the statement there contained that Circular 512 is a dead letter. The Circular sets out the interpretation placed by the Board upon the Education Acts so far as they relate to school attendance, and conveys certain instructions to inspectors. The Board have not departed and will not depart from that interpretation or from those instructions.

Attendance At Schools By Children Re Siding Out Of The District

To ask the Secretary to the Board of Education whether the managers of a public elementary school have any right to refuse admission to a child on the ground that the parents do not reside within the area of the local authority in which the school is situate, assuming, always that there is room in the school for such child. (Answered by Sir William Anson.) The fact that a child does not reside in the area of the local education authority in which the school is situate is not of itself a ground upon which the managers of a public elementary school would be justified in refusing to admit the child. Where, however, children of one, area attend a school maintained by the local education authority of another area in such numbers as to entail a serious charge upon the rates, the Board consider that the maintaining authority would be justified in directing the managers to exclude such children, unless the authority within whose area they reside agrees to contribute a proportionate sum to the maintenance of the school.

Gambling In Options

To ask the President of the Board of Trade whether the information received from Canada, Germany, and other countries respecting the working of legislation against gambling in options and futures is available for Members of the House; and, if not, whether it will be printed and circulated. (Answered by Mr. Gerald Balfour.) If the hon. Member cares to call at the Board of Trade he can see the information that has been received on this subject.

Preferential Trade Between The United States And British Colonies

To ask the Under-Secretary of State for Foreign Affairs if, seeing that under the existing tariff law of the United States the President has authority to enter into treaties of reciprocity with Canada, Newfoundland, the British West Indies, Australia, New Zealand, South Africa, or any British colony or foreign country, he can say whether under it treaties have been negotiated with Newfoundland, British Guiana, British Honduras, and Trinidad, securing the preferential Customs treatment of American products in those colonies. (Answered by Earl Percy.) No treaty securing preferential treatment for American goods has been negotiated or is in process of negotiation on behalf of any British colony.

Petitions To Parliament Of Indian Subjects

To ask the Secretary of State for India, having regard to the fact that petitions from natives of India for the redress of grievances have been again laid upon the Table of the House this session, will he take steps to make known to the people of India that no action in regard to such petitions is taken either by the House or by the Secretary of State for India. (Answered by Mr. Secretary Brodrick.) As promised in the Answer which I gave to the hon. Member for Ipswich on July 19th†last, a copy of the Report of the Select Committee on Public Petitions was sent to the Government of India last autumn, and they were instructed to make the recommendations of the Committee widely known. I find that my despatch and its enclosures were published in the Gazette of India on September 15th last, and were also sent to local governments and administrations for publication in their Gazettes, and for distribution to commissioners and district officers, who have no doubt done their best to give publicity to the matter.

Election Of Bombay University Provisional Syndicate

To ask the Secretary of State for India whether he is aware that certain members of the Bombay University Senate objected to the legality of the rules framed by the Chancellor for the election of the provisional syndicate, and took no part in the election, and that their protest was supported by the opinion of counsel; and, if so, whether, in view of the Indian Universities (Validation) Act, he will direct the Chancellor to hold a fresh election for the provisional syndicate. (Answered by Mr. Secretary Brodrick.) As at present advised, I see no reason for taking the action suggested. If the hon. Member will refer to the speech delivered by the legal member of the Viceroy's Council on February 10th last, when the Indian Universities (Validation) Bill was under discussion, he will see that it was pointed out that under the law the Senate (not the Chancellor as stated in the Question) can only make one appointment of a provisional syndicate, and that

† See (4) Debates, cxxxviii., 415.
a fresh provisional syndicate could only be appointed if it were beyond doubt that the present provisional syndicate was not validly appointed. This is by no means the case. The hon. Member will find the whole matter explained in the debates on the Bill referred to, printed in the Gazette of India for February 18th, which is in the Library of the House.

Indian Universities (Validation) Act

To ask the Secretary of State for India whether he is aware that, under the rules framed by the Chancellor of the Bombay University, Mr. Justice Tyabji, Mr. Justice Chandravarkar, Mr. Justice Batty, Sir Pherozshah Mehta, the Hon. Mr. Setalwad, and other Fellows of the University have been excluded from the Faculty of Arts; and whether, seeing that these Fellows have for many years taken a leading part in the management of the University, he will withhold his sanction to the Indian Universities (Validation) Act of 1905 until this defect is remedied. (Answered by Mr. Secretary Brodrick.) I understand that the gentlemen named in the Question, though not members of the Faculty of Arts, are, nevertheless, Fellows of the Bombay University and members of the Faculty of Law, and as such have the opportunity of taking part in the management of the University in the future as in the past. I see no reason, therefore, on this account to advise His Majesty to disallow the Act mentioned in the Question, which is already law.

Tibet Expedition—Rewards For Officers Of Transport And Lines Of Communication

To ask the Secretary of State for India whether his attention has been called to the fact that it was chiefly due to the exertions of the transport and special service officers on the lines of communication that the Tibet Mission Force was able to get to and was maintained at Lhasa, and that not one of them has obtained a reward; and, if so, whether he can explain the omission from the list of honours issued in connection with the Mission of the names of any such officers. (Answered by Mr. Secretary Brodrick.) The value of the services of those employed on the lines of communication in connection with the Tibet Mission both beyond and within the British frontier was fully acknowledged in General Macdonald's despatch, and in the Papers which have been presented to Parliament, and my hon. friend is mistaken in supposing that their names have been omitted from the list of honours. The officer commanding the line of communications received a C.B., two officers of the Supply and Transport Corps have received the D.S.O., and an officer of the Telegraph Department has been made a C.I.E. The names of many deserving officers were brought to notice, but it was impossible to give rewards in the cases of all who distinguished themselves, whether at the front or on the lines of communication.

Army Lists And Muster Rolls At The Record Office

To ask the Secretary of State for War whether, when a few years ago the old Army lists and muster rolls were transferred from the War Office to the Public Record Office, it was stipulated they should be available to all students under the rules in force there; if not, under what conditions they were handed over. (Answered by Mr. Secretary Arnold-Forster.) The reply is in the affirmative.

Questions In The House

Mooring Places For Disused Vessels In The Clyde

I beg to ask the Secretary to the Admiralty whether his attention has been called to the Gairloch, Loch Long, and Loch Goil, the head of Loch Striven and that portion of Loch Fyne above Otter Spit as suitable ground for the disused vessels now anchored in the Kyles of Bute and the Holy Loch, to the serious inconvenience of the public; and whether he will arrange to have the matter reported upon by the proper Admiralty official, and the result communicated to the House.

These lochs were all considered as possible mooring places for the vessels requiring to be laid up temporarily, but none of them possess the advantages of the East Kyle of Bute and Holy Loch.

There is no Report. The matter has been carefully considered and this is the result, but there is no formal Report.

Army Recruiting

I beg to ask the Secretary of State for War what is the estimated number of recruits required annually, under the present nine years system of enlistment, in order to maintain the establishment at full strength, and how many recruits have actually been obtained since January 1st of this year.

The number of infantry recruits enlisted for nine years required to maintain the establishment of the new Army organisation scheme when in working order is as shown in the document presented to Parliament in 1904 (Cd. 1910). At present a large number is required for reasons that I have already explained to the House. The number of infantry recruits actually obtained since January 1st to February 28th is 4,810.

Short Service

I beg to ask the Secretary of State for War if he can state whether the scheme for the formation of the new localised short-service regiments is now definitely abandoned; and, if not, when it is proposed to take steps to bring the scheme into operation.

I beg also to ask the Secretary of State for War if he can state whether the general-service Army, consisting of men enlisted for nine years with the colours and three with the reserve, explained by him in the House of Commons on July 14th, 1904, and in the Memoranda dated August 2nd, 1904, is now intended to be a temporary measure.

As I have already explained, this scheme of short-service enlistment has not been abandoned, but only postponed until the nine years enlistments have proved sufficient to provide the men necessary to furnish the Indian drafts for the next two years and to stiffen the battalions. The scheme of enlistment for nine years forms part of the whole scheme of Army reorganisation together with the short-service scheme, but has been temporarily applied to all infantry enlistments until the infantry has been rehabilitated in the manner above mentioned.

Army Establishment

I beg to ask the Secretary of State for War what is the present establishment of the Army, and what was the number actually serving on March 1st of this year.

The latest numbers available are those for February 1st, and are as follows:—British establishment—establishment, 206,783; effectives, 206,170. Indian establishment—establishment, 74,648; effectives, 78,141.

Whitchurch Rifle Range

I beg to ask the Secretary of State for War what has been the cost of the range at Whitchurch, Gloucestershire; whether the range is now closed; and, if so, for what reason, and for how long it is likely to remain closed; and what arrangements are being made to permit the men of the depôt at Horfield, and the Militia and Volunteer Battalions to fire their annual course of musketry.

The range cost £5,000. It is now closed, owing to some cottages in the rear being unsafe, as there is not sufficient danger area. It is not possible, however, to state at present whether it will have to be abandoned. The 4th Militia Battalion of the Gloucester Regiment will fire the annual course on Salisbury Plain. Arrangements will be made for the other troops using this range to fire their annual course, but the places have not yet been definitely selected.

asked if the cottages were there before the expenditure was incurred.

Indian Expenditure

:I beg to ask the Secretary of State for India what are the chief causes of the Indian Government's increased expenditure during the first eight months of the financial year, under the head of Military Services, of 100 lakhs in excess of the Budget estimates; have there been any recent savings under that head, or has an estimate been made for an excess during the remaining portion of the year ending with next month; to what unforeseen circumstances is attributable the excess in these eight months under the head of Civil Debts; to what amount beyond the Budget estimate of £18,435,500 for Home Charges have the Secretary of State's drawings on India reached at the present date, and to what purposes are these excess drawings being applied; and what is the present amount of the Secretary of State's cash balances in this country and in India.

May I refer the hon. Member to the Answer which I gave to a similar Question asked by the hon. Member for North Manchester on March 2nd.†

European Turkey

I beg to ask the Undersecretary of State for Foreign Affairs whether, in view of the fact that the latest information given to the House is dated August, 1904, the Government will lay upon the Table further correspondence relating to the European provinces of Turkey.

It would not be desirable to present further correspondence on the subject until the important negotiations which are still

† See p 172
pending have been brought to a definite issue.

Turkish Outrages—Rebuilding Of The Villages

I beg to ask the Under-Secretary of State for Foreign Affairs whether any, and, if so, how many of the houses in the six villages in Malesia and the nineteen villages in Debritza, which were totally destroyed by Turkish troops, have been rebuilt, as promised by the Turkish Government.

We have received no information as to the rebuilding of these particular villages, but His Majesty's Ambassador at Constantinople will be instructed to make inquiries on the subject.

Post Office Savings Bank—Purchase Of Consols

I beg to ask Mr. Chancellor of the Exchequer what was the amount of Consols purchased by the Commissioners for the Reduction of the National Debt on account of the Post Office Savings Bank (exclusive of the amount purchased for depositors) in the years 1894 to 1899, inclusive; what was the average price paid for the stock so purchased; what was the deficiency in respect of the total amount of Consols bought in these years, taking the price at which the stock was valued on December 31st, 1903, namely, 87⅞ per cent.

The details of the figures now asked for by the hon. Member will appear in the Return which has already been promised to him, and which is now in preparation.

Yes Sir. I understood it had been given, and was being prepared. Perhaps the hon. Member will communicate with the Secretary to the Treasury.

Interest To Post Office Savings Bank Depositors

I beg to ask Mr. Chancellor of the Exchequer whether, in view of the fact that the average rate of interest allowed to depositors by the Post Office Savings Bank is higher than the average rate of interest on deposits paid by the London Joint Stock Banks; and in view of the fact that, in addition to the deficiency in the capital account of the Post Office Savings Bank, it is estimated that for at least several years to come there will be, as there has been in the last two years, a deficiency in the income account, he will take steps to secure that persons belonging to the well-to-do classes do not, as Post Office Savings Bank depositors, enjoy a rate of interest partially made up by contributions of the general body of taxpayers.

I do not admit that the average rates of interest allowed to depositors by the London Joint Stock banks, which derive profit from the monies placed on deposit with, them, should determine the rate to be given by the Post Office Savings Banks, which were established to encourage thrift and do not trade for profit. But, however that may be, the evidence given before the Select Committee of 1902 did not support the view that any considerable proportion of depositors are outside the classes for which the Savings Banks are intended to provide. It has been suggested that the Savings Banks Act, 1893, passed at the instance of the Party opposite, by extending the limit of annual deposit from £30 to £50, has led to the introduction of depositors of a different class; but the evidence before the Committee was that the proportion of depositors of different classes had not been altered by that Act. I see no present necessity for taking any step to diminish the facilities afforded by the Savings Banks.

Electricity In Mines

I beg to ask the Secretary of State for the Home Department whether the new rules relating to the use of electricity in mines have been agreed upon; if so, can he state the date upon which they will come into force.

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

In settling these rules, I consulted representatives both of the owners and of the men. The notices proposing the rules were sent out between February 20th and March 1st, and the rules come into force in each case at the end of twenty days from the receipt of the notice by the owner of the mine, unless he has previously objected to them in writing. So far, very few objections have been received.

Labour Statistics—Annual Abstract

I beg to ask the President of the board of Trade whether he can state the reason for the delay of the publication of the Tenth Annual Abstract of Labour Statistics, and when it is likely to be ready for issue.

This volume will be published very shortly; its preparation has been somewhat delayed by the pressure of work in connection with the preparation of special Returns.

Post Office Savings Bank—Limit Of Deposits

I beg to ask the Postmaster-General whether the rule as to limit of deposits in the Post Office Savings Bank is evaded by the opening by the same person of two or more accounts in his own name, or in fictitious names, or in the names of members of his family or other dependents.

Cases have come to light in which the limit of deposits in the Post Office Savings Bank has been exceeded by the opening of two or more accounts in the same name or in fictitious names by means of a false declaration; but such cases are very rare. There is no information available as to the extent to which the limit is evaded by the opening of accounts in the names of members of a depositor's family or household; as such evasions would not come to light so long as deposits and withdrawals were made by the persons in whose names the accounts were opened. There is, however, no reason to suppose that evasions of this nature are numerous.

Rural Postmen's Wages

I beg to ask the Postmaster-General whether he will take steps to give the rural postmen who start from the Oswestry Post Office the same rate of wage as those who deliver letters in the town.

I have already announced to the staff that rural postmen starting from towns will be given the same pay as the postmen in the towns, and the rural postmen at Oswestry will be dealt with on these lines.

West Highland Mail Services

I beg to ask the Postmaster-General if, in renewing the mail contracts for steamer services for the Barra, Uist, and Benbecula districts of the West Highlands, he will endeavour to arrange a more convenient service, having Oban and Mallaig as termini; and if he will make it part of the contract that the mail steamer should call at Petersport Pier in Benbecula.

There is at present no question of renewing the contract for the mail steamer service to the districts to which the hon. Member refers; but I may state that with the existing train service it would not be practicable to afford so good a mail service by way of Mallaig as is at present provided via Oban. There are also other objections to the adoption of the Mallaig route, as was pointed out in the letter sent to the hon. Member on August 17th. 1901. As regards the suggestion that the mail steamer should call at Petersport Pier, I find that such a call would delay the boat, and would prejudicially affect the mail service to and from the most important places in the districts concerned. In these circumstances I regret I cannot comply with the hon. Member's wishes in the matter.

Berwick-Upon-Tweed—Preservation Of Ancient Walls

I beg to ask the hon. Member for Chorley, as representing the First Commissioner of Works, whether the negotiations for the preservation of the ancient walls of Berwick-upon-Tweed, dating from the reign of King Edward the First, have now been completed by His Majesty's Office of works; and, if so, whether they have resulted in a scheme which will prevent the threatened destruction of these interesting monuments.

The negotiations have now so far advanced as to give reason to hope that they mar be brought to a successful issue. The scheme proposed includes a lease of the historic ground and monuments to the Commissioners of His Majesty's Works which, if concluded, will effectually preserve them from destruction.

Land Purchase In Ireland—Archdale, County Longford, Estate

I beg to ask Mr. Attorney-General for Ireland whether any application has been made to the Estates Commissioners for the purchase by them of the Archdale (county Longford) Estate; and, if so, to state the terms of such offer.

No such application has yet been made.

Longford Land Appeals

I beg to ask Mr. Attorney-General for Ireland when the next sitting of the Chief Land Commission for the hearing of appeals will take place in and for county Longford; how many such appeals are now pending when the last sitting of the Commission took place in Longford; and on how many occasions since have Longford appeals been sent to other venues because of the refusal of the Commissioners to come to Longford.

A sitting for the hearing of appeals has been provisionally fixed for May 30th. There are 204 appeals pending. The last sitting of the Commissioners to hear appeals was held in July, 1903. Appeals from Longford have not since been heard elsewhere.

Monaghan Lunatic Asylum—Case Of Nurse Holland

I beg to ask Mr. Attorney-General for Ireland whether he can now state the result of the Government inquiry into the case of Nurse Holland, who was reported by the Inspectors of Lunacy as entirely unfitted for her position, having regard to her faithless-ness in the discharge of her duties and the untrustworthiness of her statements.

I have carefully considered this case. The appointment and dismissal of asylum nurses is vested solely in the committee of management of the asylum. The only way in which the Government could intervene would be by withdrawing the capitation grant paid to the Monaghan Asylum under Section 58, Sub-section 2 (c) of the Local Government (Ireland) Act of 1898, on the ground that the asylum is improperly managed. In the present instance the charge preferred by Nurse Holland was found to be false. The action of the committee in deciding to retain her services under the circumstances is much to be regretted, but I do not consider that their action can be held to bring the case within the provisions of the Act to which I have referred.

Mr Robert Jevers' Estate, County Limerick

I beg to ask Mr. Attorney-General for Ireland, is he aware that the estate of Mr. Robert Jevers, of county Limerick, is up for sale in the court of Mr. Justice Ross; does he know whether any bid has been made for it as yet; and, if so, by whom, and what is the amount of it; can he say whether the notice of sale has been brought before the Estates Commissioners with a view to their purchasing it in the public interest for the benefit of the evicted tenants, small farmers, and labourers of the district; is he aware that a brother of the owner, by name William Jevers, is an evicted tenant, having been evicted off the Langford property convenient; and, if so, will he recommend to the Estates Commissioners that William Jevers will have the first claim for a farm on the estate of his father and brother of equal area to that from which he was evicted.

The estate was offered for sale in the Land Judge's Court on the 1st instant. An offer of £3,250 was made and was considered insufficient. A motion on behalf of the owner was thereupon made to the Court that an application be made to the Estates Commissioners to issue a request under the 7th Section of the Act of 1903, and the solicitor having carriage of the sale was authorised to make such application. I am inquiring whether the matter has been brought before the Commissioners.

Irish Agricultural Department—Catholic Clerks In The Veterinary Department

I beg to ask Mr. Attorney-General for Ireland whether he is aware that the chief clerk of the Agricultural Department recently suggested to one of the Catholic clerks of the veterinary branch that he should withdraw from the representations which they had put before the Department in May last; and, if so, whether he will say what steps he proposes taking to put a stop to such action.

This is a repetition of a Question put to me by the hon. Member on the 1st instant.† I have nothing to add to the reply given by me on that occasion.

Irish Evicted Tenants—Case Of James Jordan, Of Granard

I beg to ask Mr. Attorney-General for Ireland whether his attention has been called to the case

† See page 27.
of James Jordan, of Derrycassan, Granard, who was evicted by Colonel Dopping in 1886, although offering to pay the full amount of rent which he was decreed for; whether he is aware that subsequently Jordan obtained a decree for £47 10s. for illegal eviction against the agent; and whether, having regard to the fact that this man's holding now forms part of the demesne of Derrycassan, and is therefore in occupation of the landlord, he will take steps to bring his case under the notice of the Estates Commissioners with a view to his reinstatement when the property is being sold.

I am informed that Catherine Jordan deceased, and her son James Jordan, were evicted in January, 1887. Payment of the amount of the decree was offered, but not within the period allowed by the County Court Judge. No decree for illegal eviction against the agent was obtained. The evicted holding appears to be in the possession of a new tenant. The application of James Jordan for reinstatement will be considered by the Commissioners should the estate come before them.

Is the right hon. Gentleman aware that in this case the evicted tenant actually paid the money to the sheriff? Whether it was paid to the agent I know not.

Dopping Hepenstall Estate, North Long Ford

I beg to ask Mr. Attorney-General for Ireland whether any reply has yet been received from the Estates Commissioners on the subject of the proposed purchase of the Dopping Hepenstall Estate, in North Longford, under the 7th Section of the Land Act of 1903.

No proceedings are at present before the Commissioners in respect to this estate, and it does not appear, so I am informed, that the sale of this estate is pending in the Land Judge's Court. If particulars of the property are supplied to the Commissioners they will consider the question of issuing a request under the enactment referred to.

Is the right hon. Gentleman aware that in this case a petition was signed by the leading men of the district, and the priests and clergy of all denominations, asking the Commissioners to take action? Will he draw their attention to it?

I am sure if the petition has been received it will receive the attention of the Commissioners.

Kenmare Guardians—Charges Against The Rev Mr Duggan

I beg to ask Mr. Attorney-General for Ireland whether he is aware that a memorial, signed by seventeen members of the board of guardians and rural district council of Kenmare, was sent to the Local Government Board on January 30th, assigning reasons why a public inquiry should be held relative to the case of a fever patient named Cottar who died recently in the union; can he state on what grounds the inquiry has been refused; and whether, in view of the charges made against the Rev. Mr. Duggan, Protestant rector of Kilgarvan parish, steps will be taken to hold an inquiry immediately.

Such a memorial has been received. The grounds upon which the memorialists urged the Local Government Board to hold an inquiry on oath were that the Rev. Mr. Duggan had gratuitously afforded medical advice to a poor person named Cottar. As this clergyman is not in any way under the jurisdiction of the Local Government Board, they were advised that the matter was not one in which they could intervene. Moreover, there was nothing to show that the rev. gentleman had done anything illegal or actionable, rendering him liable to a penalty under 21 and 22 Vic., Cap. 90, Sec. 40.

But seeing that this man died from fever and not pneumonia and the rev. gentleman has asked for an inquiry, cannot one be held?

Longworth Estate, County Galway

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state the acreage of the Longworth Estate, in county Galway, purchased by the Congested Districts Board; how much of it is untenanted; how long this portion is in the possession of the Board; what use is being made of it; when it is intended to divide it up amongst small adjoining occupiers; and what is the cause of the delay in currying out the work of dividing this land.

The estate contains 1,316 acres, all untenanted. It has not yet been vested in the Board, but it is expected this will be done in a few weeks. The lands are being let for grazing until the Board are in a position otherwise to deal with them.

Is the right hon. Gentleman aware that the large quantity of untenanted land in this neighbourhood is giving rise to a great deal of dissatisfaction? Will he draw the attention of the Congested Districts Board to the fact?

To whom are the lands being let? Is it to the adjoining tenants?

Pirrie-Iveagh Motor Scheme

I beg to ask Mr. Attorney-General for Ireland whether he can state how many and what county councils have declined to accept the financial responsibity of keeping the roads in the condition required by the promoters of the Pirrie-Iveagh scheme; and whether any negotiations took place between the promoters and any member of the Government with reference to providing funds from the Treasury for putting the roads in order.

The local authorities in the counties of Mayo, Galway, Londonderry, and Antrim declined to incur the expenditure necessary for putting the roads into proper condition for motor traffic. In reply to the second part of the Question the hon. Member is doubtless aware that, acting on a suggestion made by the Galway County Council, the Government proposed an Amendment to the Labourers Bill of last session which contemplated the expenditure of the whole or part of the unexpended balance of a county's share in the Exchequer contribution for labourers' cottages for purposes such as the schemes referred to in the Question. There was never any intention, so far as I am aware, to provide funds from other sources.

Is that statement made with the knowledge and concurrence of the right hon. Gentleman the Member for Dover?

The statement I make here is, of course, not made with that right hon. Gentleman's knowledge.

Are we to understand that this scheme has broken down? Are we to hear no more of it?

"Broken down" is not the phrase to use. It has not been carried into effect because the roads have not been put in proper repair.

Is it not a fact that several county councils in Ireland have offered to repair the roads if they could secure the introduction of this motor scheme, but their offer has been refused?

Sir George Colthurst's Estate

I beg to ask Mr. Attorney-General for Ireland if he is aware that some time last June the tenants of Sir George Colthurst or Lady Colthurst, in the parish of Ardpatrick, and county of Limerick, signed agreements for the purchase of their holdings: is he aware that the Hon. W. C. Trench, of Clanadfoy Kilfinane, purchased the mountain portion of the estate in which they had the right of turbary and grazing young cattle, thereby depriving the tenants of the advantages of cheap turf and rearing of some cattle; and can he state whether, in negotiations with the tenants, stipulations were made that the turbary rights should belong to the tenants, and if the tenants were compelled to pay the amount of interest usual in such circumstances; and have the tenants communicated on the subject with the Estates Commissioners; if so, with what result.

The mountain referred to does not form part of the estate for sale. It has been sold to Captain Trench. For some years past the tenants have ceased to cut turf on the mountain as the bog is practically cut out. The Commissioners have no knowledge of any stipulations as to turbary in the negotiations for sale. The tenants have been required to pay the interest payable under the statute pursuant to their agreements.

Gore Booth Estate, Sligo

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the sale of the Gore Booth estate, situate in the county of Sligo, has yet been ratified or agreed to by the Estates Commissioners; and, if not, whether, seeing that the town of Ballymote forms portion of that estate, and that the landlord agrees to sell to his town tenants, through the Estates Commissioners, the latter will be instructed to look into this matter with the view of having the proposed sale sanctioned.

The lands in the neighbourhood of Ballymote on this property have been declared an estate for the purpose of sale. But the town of Ballymote was excluded from the originating application.

Is it not a fact that Boyle, on a neighbouring estate, has been sold, and was not Strokestown purchased by the Congested Districts Board?

[No Answer was returned.]

Beet Cultivation In Ireland

I beg to ask Mr. Attorney-General for Ireland whether he is aware that the Central Chamber of Agriculture have recently reported that beet grown in Ireland yields as much sugar as that grown in Germany; and that beet has been successfully grown on inferior bog land in the counties of Sligo and Mayo, as ordinary crops, such as mangold and turnips, are grown; and, if so, whether the attention of the Board of Agriculture will be called to this matter, with the view of establishing experimental plots for the purpose of ascertaining how far this crop can be profitably grown in Ireland.

The Department are aware that the Central Chamber of Agriculture issued a Report in June, 1901, dealing with beet sugar experiments carried out in 1900 in several counties in Ireland, as well as in other centres in Great Britain. They are also aware from their own experiments, a report of which appeared in the Department's Journal for February, 1901, that beet of a good quality can be grown in Ireland. They cannot, however, feel justified in recommending beet as a general crop in this country for the reason mentioned in my Answer to the hon. Member's Question of February 24th.† The obstacles to the successful establishment of the industry in Ireland are more detailed in a memorandum which I have communicated to the hon. Member.

Lugnadiffa National School

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he will name the religious denomination to which the teacher of Lugnadiffa National School, near Cullooney, county of Sligo, belongs, also the religious denomination of the children on the rolls of that school on

† See (4) Debates, cxli. 1212.
December 31st, 1904; will he state the name of the school nearest to Lugnadiffa, the religious denomination of the teacher, and also the name of the nearest school taught by a Catholic teacher; and whether, seeing that the patron of Lugnadiffa and Larkhill Schools is the landlord of the district, and that he has refused a site for a new school, and in view of the fact that the people of the district are mainly Catholic, the commissioners of National Education will co-operate with the Rev. E. H. Connington, the parish priest, with the view of having the needs of Catholic children attend to.

Lugnadiffa School is a Protestant. The number of children on the rolls on December 31st last was eighteen, all of whom were Protestants. The nearest school to Lugnadiffa is that at Larkhill, the teacher of which is a Protestant. The nearest schools under Catholic teachers are at Rockfield and Ballysodare. The Rev. E. H. Connington has already been informed by the Commissioners that the proposed additional schoolhouse at Larkhill is quite unsuitable and unfitted for school purposes, and that his application for a grant would be considered when these objections were overcome.

Alleged Outrage At Woodville

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he will state if he has any official reports in regard to an alleged outrage at the residence of Mr. Persse, Woodville, county Galway; and, if so, whether he will state their purport.

Reports have been received from the police who are investigating this matter. It is obviously impossible to disclose the purport of these confidential reports without injury to the public service.

Can the right hon. Gentleman say whether the report that shots were fired into this house was true or false? Was it not mere sensational journalism?

In view of the fact that a sensational account of a desperate outrage has been published, would it not be advisable also to publish a correct statement of fact?

Irish Agricultural Department—Staff Grievances

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state what local public bodies in Ireland have up to the present made representations to the Irish Agricultural Department regarding the dissatisfaction which exists in that Department on account of the inequality in the treatment of its staff; and what action has been taken in the matter.

Six public bodies have made representations to the Department in the terms of the resolution which was proposed by the hon. Member himself at a meeting of the King's County Council and passed by that council. The receipt of these representations was acknowledged.

Palms Spread Morgan Estate

I beg to ask Mr. Attorney-General for Ireland whether the attention of the Estates Commissioners has been called to the circumstances connected with the farm forming the estate of Palms Spread Morgan, who is at present confined as a lunatic, and from which farm James J. Greene was evicted in 1889; and whether, seeing that this holding is now in the occupation of Captain Jonathan Morgan, brother and administrator of the owner, the Commissioners, having regard to his position as remainder man, will refuse to sanction an advance to Captain Jonathan Morgan to enable him to purchase this estate to which he is the heir in succession.

The hon. Member has been in correspondence with the Commissioners in this matter. The property is under the control of the Court of Chancery, and an offer made by Captain Morgan to purchase the holding in question was accepted by the Land Judge in July last. The Commissioners, under the circumstances, have no authority to intervene, but in the event of their acquiring untenanted land in the neighbourhood the application of James Greene will be further considered.

De Freyne Estate

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Irish Congested District Board has purchased the estate of Lord de Freyne in counties of Roscommon, Galway, and Sligo; and, if so, whether he can state the total purchases money and the number of tenants, also the particulars of the arrears, current rent, and untenanted land.

Case Of H J Livingstone, Of Newry

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state under what statute the Inspector-General of the Royal Irish Constabulary was empowered to forbid the execution of the warrant issued by a resident magistrate in public Court, for the arrest of H. J. Livingstone, of Newry; whether he can state the precedents, if any, for suck a course; whether Fearon's solicitor was consulted as to the evidence available against Livingstone: and, if so, by whom and with what result; whether any private representations were made to any official in Dublin Castle as to the advisability of preventing the warrant from being enforced; and whether the whole question will now be reconsidered.

The facts are not accurately stated in the Question. I have already informed the hon. Member that when inquiries were made to determine whether steps should be taken to obtain the extradition of the accused, if found in America, or his re-arrest and deportation to this country under the Fugitive Offenders Act, if found in Canada, it was ascertained that there was no available evidence to sustain the general charge made on the information of Fearon on which this warrant was granted in Ireland. Under such circumstances, it would be futile and improper and contrary to the practice to attempt to take action in the matter, and the Inspector-General was directed accordingly. The course taken was the usual and proper course, and precedents frequently occur. It was Fearon's duty, when asked, to supply the evidence, which he failed to do. The district inspector consulted Fearon's solicitor and informed him of the nature of the evidence required before the Crown could take action. There is no foundation for the insinuation contained in the latter part of the Question. Of course, if sufficient evidence be at any time supplied action will be taken by the police.

Is it not the fact that this man is still in Toronto, and that the Chief Constable of the city has provided the Government with his address?

He is supposed to be somewhere in Canada, but we have no definite information.

Order, order! If Questions are to be treated in this way it will be impossible for other Members to ask their Questions within the time limit.

On a point of order, Sir, I want to submit the right hon. Gentleman has utterly reversed the Answer he gave the day before yesterday.

That is not a point of order. It is not in order now to discuss whether Answers to Questions are consistent with previous Answers.

Rent Reductions In Clare

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware of the dissatisfaction expressed by representative bodies in county Clare at the reductions of five per cent. in West Clare and ten per cent. in East Clare given by the Sub-Commission at the last hearing of fair rent applications; will he state what previous knowledge or experience had this gentleman who inspected these lands of Clare farming or the nature of Clare land and the climatic conditions of that county; and whether, in view of these expressions of want of confidence in the Lay Sub-Commissioner, he will represent to the Land Commission the advisability of transferring the services of this gentleman to a part of the country with which he has had some previous acquaintance.

:This Question has been referred to the Judicial Commissioners, who are at present in the country hearing appeals. Perhaps the hon. Member will repeat the Question on Monday.

Galway Harbour

I beg to ask the Secretary to the Treasury if he is aware that the Harbour Commissioners of Galway had repeatedly pointed out to the late Chief Secretary the damage which was being done to the trade of the city owing to the silting of sand at the entrance to the docks, which caused great difficulty to steamers trading to the port; whether he is further aware that the late Chief Secretary promised to place a dredger at the disposal of the Commissioners: and if he can now say when the dredger will be available.

The Board of Works, in whose charge the dredger is, have no knowledge of any communications between the Harbour Commissioners and the late Chief Secretary, or that he made any such promise as stated. The Board are now in correspondence with the Harbour Commissioners as to the date when the dredger will be available for Galway, but they are not yet in a position to state when that date will be.

Then may I ask if representations have not been repeatedly made during the last two years asking for the hire of a dredger?

Telegraph Line To Scrabby

I beg to ask the Postmaster-General whether he is aware that the proposed guarantee given for a telegraph line from Granard is given in respect of a line through Cloonagh to Scrabby and not to Dring; and that the distance from Scrabby to Aghnacliffe is only two miles, and would be, moreover, the easiest way to reach that district; and, if so, pending an arrangement of the line of route which will be satisfactory to the local people, will he suspend any order made in the matter for the present.

I am not aware that any guarantee has been proposed for a telegraph line to Scrabby. As to the other places referred to, I made a suggestion to the hon. Member in replying to his Question of the 27th ultimo,† and I shall be glad to wait a short time to enable him to consider whether it can be acted on.

Irish Language In The Irish Post Office

I beg to ask the Postmaster-General whether he is aware that, in reply to an application from Mr. Thomas Murphy, asking of particulars of the errors which were alleged to be in Irish address of the letter written by him to a correspondent in Kilronan, Aran, the Post Office authorities refused to give the information; and whether, in view of the fact that the sub-postmaster of Kilronan could not read Irish, he will state who is responsible for the statement that the Irish address of the letter was incorrect, and will he state what the alleged errors were.

The Postmaster of Galway reports that the address on the cover of the letter to which the hon. Member refers was considered by those competent to judge to be incorrect, both as regards spelling and in the formation of the Irish characters. As a knowledge of the Irish language is not at present made a condition of the Postmaster-General's appointment, and as I do not happen to know the language, I should be unable to explain the errors of the letter before me.

Who is the official responsible for the statement that there were errors in the address?

Irish Postmasterships

I beg to ask the Postmaster-General if he can state how many years service had the successful candidates

†See (4) Debates, cxli., 1336
dates recently appointed to the post-masterships of Tralee, Carrick-on-Shannon, and Arklow at the date of their several appointments; and what were the years of service of the senior applicants in each of the three cases.

I do not think it desirable to enter into details as to the qualifications or seniority of the candidates for postmasterships from amongst whom my selection is made; but I may mention that in the case of Tralee and Carrick-on-Shannon the senior recommended applicants were officers at Sheffield and in London respectively, who did not possess all the qualifications necessary; while in the case of Arklow the senior recommended applicant was a postman unacquainted with telegraphy.

Yes, but these postmasterships are open to the whole United Kingdom, and there were applicants from other parts senior and more suitable.

Longford And Elphin Mail Service

I beg to ask the Postmaster-General whether the proposed direct mid-day mail service between Longford and Elphin has yet been begun; and, if not, when he proposes to inaugurate it.

The question of establishing a day mail service between Longford and Elphin has been carefully considered, but I regret to find that I should not be justified in giving this accommodation in view of the additional expense which would be involved. The cost of the existing service is very high as compared with the revenue from the correspondence.

War Office Purchases In Athlone

I beg to ask the Secretary of State for War whether he is aware that the War Office authorities took over the bog situate at Curramore, near Athlone; that awards for compensation to the tenants were made as far back as November 29th, 1903, and that the tenants were notified by the police authorities not to further use the bog on May 28th, 1904; and, if so, whether, seeing that the tenants have been deprived of their principal means of livelihood, though the compensation awarded them has not yet been paid, he can state when the money will be paid to these tenants.

The awards were delivered on December 23rd, 1903. No tenant was disturbed until August 16th, 1904, when possession of the portions of the Curramore turf bank which projected into the danger area was taken over by the War Department. This only affected the turf banks of ten of the twenty-three tenants, all of whom had other banks in Curramore which have not been interfered with. The necessary arrangement will, it is hoped, be completed and the money paid during the present month. The tenants concerned in the portion taken over will be entitled to interest on the purchase money.

By what authority was the land taken from these people before the money was paid?

Sir Antony Macdonnell

I beg to ask the First Lord of the Treasury whether, in view of the resignation of the Chief Secretary, it is still the intention of the Government to retain the services of Sir Antony MacDonnell as Under - Secretary at Dublin Castle.

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

My hon. friend will readily understand that I could not offer any opinion upon the subordinate members of the Chief Secretary's Office until I have the advantage of the advice of the Chief Secretary. The Chief Secretary is not yet appointed, and, therefore, I fear I cannot answer the Question.

May I ask whether in the meantime the House is to understand that conditions under which Sir Antony MacDonnell accepted the Under-Secretaryship have not been with-drawn, and still hold good?

Sir Antony MacDonnell, as I have explained, in my opinion, holds his office on the ordinary tenure of a Civil servant.

Has the right hon. Gentleman appealed to any of the Ulster Unionists to see if they will take the Chief Secretaryship?

Is there any reason why Sir Antony MacDonnell should be victimised to satisfy a handful of Orange bigots?

Can the First Lord of the Treasury say whether Sir Antony MacDonnell has been informed that the particular conditions under which he accepted his appointment have been withdrawn?

I have answered that by statements in debate in this House, and those statements are public.

Will the right hon. Gentleman give us some idea when he will be in a position to make an announcement with reference to the appointment of Chief Secretary; or does he intend to leave it vacant until the dissolution?

No, Sir. I hope to make an appointment very soon. The length of time the hon. Gentleman suggests for leaving the office open would be formidable indeed.

Will the right hon. Gentleman say who is now the Minister responsible for the maintenance of the Executive Government in Ireland?

I beg to ask the First Lord of the Treasury whether, on the receipt by him in September, 1902, from the late Chief Secretary to the Lord-Lieutenant of Ireland, of the purport of the letter of Sir Antony MacDonnell, dated September 22nd, 1902, he communicated in any way to his colleagues the conditions set forth in such letter, and their acceptance by the late Chief Secretary and himself as the basis of Sir Antony MacDonnell's appointment as Undersecretary.

I have no statement to make to the House, as I think I have before intimated, with regard to communications between members of the Government.

May I ask why, as the Chief Secretary, in the hearing of the right hon. Gentleman, made a statement as to the communications between himself and the First Lord of the Treasury, the House should not have the other letters?

I think the hon. Gentleman is mistaken. My right hon. friend made no such statement. What he did was to read two letters, one which passed from Sir Antony MacDonnell to him, the other from him to Sir Antony MacDonnell, in which there was a reference to me.

He went further. [Cries of "Order."] I am perfectly in order. I wish to remind the Prime Minister that the Chief Secretary went further. He not only read the letters, but told the House that he sent to the First Lord of the Treasury the purport of those letters, and received his assent.

I do not think he did say that. [Cries of "Yes."] I may be wrong; I do not remember everything said in the House; but my recollection is that there was a phrase in one of the letters which the hon. Gentleman has in his mind, but that no comment was made by the Chief Secretary.

Did it not appear from one of the letters read to the House that a ciphered message passed to the Prime Minister?

May I ask the right hon. Gentleman whether he communicated the fact that he had these ciphered letters submitted to him to his other colleagues?

With all respect, Sir, I would submit that it is on the Paper, for the Prime Minister is asked whether he communicated in any way to his colleagues the conditions set forth in Sir Antony MacDonnell's letter.

I thought some other communication was referred to, because the Question on the Paper has been answered.

No, Sir. The First Lord of the Treasury is under a misapprehension if he thinks he answered that Question, because he certainly did not answer either negatively or affirmatively whether he communicated to his colleagues the ciphered correspondence.

The hon. Gentleman is perfectly right. I did not answer the Question either affirmatively or negatively. I did not answer it at all.

I beg to ask the First Lord of the Treasury whether, in expressing his concurrence with the appointment of Sir Antony MacDonnell as Irish Under-Secretary, in reply to a ciphered telegram from the Chief Secretary to the Lord-Lieutenant conveying to him the purport of the letter of Sir Antony, dated September 22nd, 1902, reciting the conditions under which he accepted that appointment, this concurrence was signified by him as the head of His Majesty's Government, and is to be understood as carrying with it the collective approval of the Cabinet; and, if not, when that approval was given.

I am afraid that the hon. Gentleman must draw his own conclusions from what has already been made public.

The High Commissioner Of South Africa

I beg to ask the First Lord of the Treasury whether His Majesty's Government will lay upon the Table the instrument by which the present High Commissioner in South Africa was appointed, and any other documents showing what is the nature and extent of his authority over the government of those, districts of British South Africa which do not enjoy responsible government, and over the British forces in South Africa; whether it is intended to advise His Majesty to confer similar powers upon the new High Commissioner as those possessed by the present High Commissioner; or, if not, what difference will there be.

I must refer the right hon. Gentleman to the Colonial Office for information as to the official publications which contain some of the documents inquired for, or as to others which could be laid on the Table. It is not proposed to make any alteration in the position of the new High Commissioner.

Will the Papers which the Government are willing to lay contain everything to be said with regard to the position of the High Commissioner?

I would suggest that the right hon. Gentleman should move for a Return, and then my right hon. friend will be able to tell him if there is any objection. It being now five minutes to Three o'clock four starred Questions on the Paper remained unanswered.

Business Of The House

Has the right hon. Gentleman any statement to make about the business for next week?

We take Vote A and Vote 1 of the Navy Estimates on Monday, but I cannot specify the business for succeeding days. I think that the whole of next week will have to be devoted to the necessary business of Supply.

asked when Part II. of the Navy Return promised would be ready?

replied that it would take a fortnight to prepare. Part I. had been issued.

said Part I. was quite useless. He suggested that further consideration of the Navy Votes should be postponed till Part II, was ready.

I presume there will be two or three days interval between the circulation of the Estimates and the debate.

Selection (Standing Committees)

Mr. WODEHOUSE reported from the Committee of Selection; That they had discharged the following Member from the Standing Committee on Trade (including Agriculture and Fishing), Shipping, and Manufactures:—Sir J. Fortescue Flannery; and had appointed in substitution: Mr. Llewellyn.

Report to lie upon the Table.

New Bills

Crofters' Holdings (Scotland) Bill

"To amend The Crofters' Holdings (Scotland) Act, 1886," presented by Mr. Cathcart Wason; supported by Sir Arthur Bignold, Mr. Ainsworth, Mr. Leveson-Gower, Mr. Harmsworth, Mr. John Dewar, Mr. Lamont, Mr. Black, and Mr. Weir; to be read a second time upon Tuesday, 28th March, and to be printed. [Bill 90.]

Agricultural Education In Elementary Schools Bill

"To promote Agricultural Education and Nature Study in Public Elementary Schools," presented by Mr. Jesse Collings; supported by Sir John Kennaway, Mr. Rothschild, Mr. Seymour Ormsby-Gore, Sir Ernest Flower, Mr. Spear, Mr. Morrell, Colonel Webb, and Sir J. Fortescue Flannery; to be read a second time upon Wednesday, 22nd March, and to be printed. [Bill 91.]

Agricultural Rates Act, 1896, Etc, Continuance Bill

"To extend The Agricultural Educational Rates Act, 1896, etc., Continuance Act, 1901," presented by Mr. Long; to be read a second time upon Monday next, and to be printed. [Bill 92.]

Telegraph (Construction) Bill

"To amend the Telegraph Acts, 1863 to 1904, with respect to the Construction and Maintenance of Telegraph Lines," presented by Lord Stanley; supported by Mr. Chancellor of the Exchequer and Mr. Victor Cavendish; to be read a second time upon Monday next, and to be printed. [Bill 93.]

Supply

Considered in Committee.

(In the Committee.)

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

Civil Services (Supplementary) Estimates, 1904–5

Class Iii

Motion made, and Question proposed, "That a Supplementary sum, not exceeding £700, be granted to His Majesty, to defray the Charge which will come in course of payment during the year ending on March 31st, 1905, for the Salaries and Expenses of the Office of the Irish Land Commission."

said the Irish Members were placed in a very awkward position in regard to this Vote, because they had no Report from the Commission from which they could obtain any information upon the items involved, and consequently they were at a disadvantage. The amount, according to the Estimate, was intended to cover an increase in the staff which was sanctioned for the year 1904–5, but they had no knowledge as to what that increase meant. The only information they did possess as to the procedure in the office of the Estates Commissioners and of the Land Commissioners was that the work was going on most slowly. In the Return, dated December 31st, it appeared that there were 31,000 applications from purchasers in Ireland, while only 8,000 purchases had been sanctioned by the Estates Commissioners, and that showed the vast amount of arrears. Again, in regard to the evicted tenants, out of 4,000 only 131 had actually been dealt with, and he was reminded that of the 131, ninety had been reinstated by the landlords, thus leaving only forty cases dealt with by the Estates Commissioners, which made things very much worse. Last August they were told that the Estates Commissioners were not willing to take the initiative themselves in approaching landlords in regard to buying evicted farms or untenanted lands. He personally waited upon the landlords and agents in his own Division to try to get them to approach the Estates Commissioners in order to bring about negotiations, and his experience of both landlords and agents had been most unsatisfactory. Although he applied to large numbers there was only one who gave a sort of tacit consent to sell an evicted farm, and when that half-hearted consent was submitted to the Estates Commissioners it took them over six months to deal with it. Indeed, he believed that no decision had yet been arrived at in the case. If this was to be the rate of progress, when might they expect the problem of the evicted tenants to be solved? He knew there were large grazing tracts in his own county which had been brought under the notice of the Estates Commissioners, yet he had never been able to get a satisfactory reply from that body as to what they were doing. All they had told him was that the matte was under consideration. Gould the Attorney-General that day give them the information which had been asked for by the hon, and learned Gentleman the Member for Waterford over and over again? Could he tell them whether any orders or instructions had been given to the Estates Commissioners by Dublin Castle? He did not care whether those orders or instructions were written or oral, but he did think they had a right to know what, if any, instructions had been given, seeing that last August or September the Commissioners were reluctant to take the initiative themselves in cases of purchase of untenanted or evicted farms, and that now they were actually taking the initiative.

Yes, in a different class of cases.

Yes, they were taking the initiative, and he would like to know whether in so doing they were acting under any special instructions of the Law Officers of the Crown, and what those instructions and orders were. Last year the hon. Member for South Tyrone made a complaint that a totally inadequate staff was employed in the office of the Estates Commissioners, and when they looked at the Returns they found that, although agreements representing a total value of £17,000,00 had been entered into within the last eighteen months, the Commissioners had only sanctioned agreements of the value of £4,600,000. He submitted that that was most unsatisfactory, and he would like to learn from the Attorney-General whether the sum asked for in the Vote under discussion was to be applied to an increase of the staff, whether the proposed increase was sufficient to relieve the pressure of business in that particular office, and would it tend to expedite the completion of sales? Would it not be better for them to have more frequent Reports from the Estates Commissioners as to the progress they were making in the working of the Land Act, and could they not let the House have the necessary information to enable Members to know on what grounds the objects of the Land Act were being frustrated? He could point to cases where tenants had been evicted for a long period of years, where the Estates Commissioners had sent inspector- to visit their holdings, and had then, in fixing the purchase money, based it on the original rent paid by the evicted tenant, and had offered twenty-four years purchase, of that rent to the landlord, whose reply was to the effect that it was simply an attempt to confiscate his property. He would like to know what was being done to prevent the Estates Commissioners from making that progress which it was indicated would be made in the settlement of the evicted tenants' question at the time of the passing of the Land Act. At that time they had every assurance that the evicted tenants would be dealt with in a most generous manner, yet at the end of eighteen months they found that only forty evicted tenants had been dealt with through the medium of the Estates Commissioners. He would like to ask the right hon. and learned Gentleman whether, in cases where the present occupier of an evicted farm, who had purchased the interest in that holding under the Ashbourne Acts, was willing to surrender that holding on getting compensation from the Estates Commissioners, they would take action to restore the evicted tenant, and whether they would be prepared to give an equivalent farm or compensation to the person vacating the evicted farm? On the Report stage of the Irish Land Bill the hon. Member for Waterford asked the Chief Secretary whether, under the clauses then under discussion, the Estates Commissioners would be empowered to compensate the occupiers of evicted farms with the object of restoring evicted tenants to their holdings, and whether they would be empowered to advance money for the purpose of putting up buildings on the evicted lands and of restocking the farms. The Chief Secretary replied unhesitatingly that the Estates Commissioners would have such powers. Now, they were anxious to learn from the right hon. Gentleman whether the Commissioners in the future would be in a position to deal with these cases on the lines indicated in that debate, and whether, where occupiers of evicted farms were perfectly willing to give up those farms providing the Estates Commissioners would compensate them in cash or give thorn an equivalent farm elsewhere, that would be done. He would like to point out that one effect of the removal of these parties out of the various localities would be to create a better feeling among the people, and to improve the men's own position by taking them to places where their presence would not excite trouble. Another point to which he wished to invite attention was the selection of places for the sittings of the Land and Sub-Land Commissioners' Courts. He would like to point out that the Land Commissoners were in receipt of splendid salaries, and that they were allowed travelling expenses, and he did think that in fixing the places at which appeals could be heard they should study the convenience of the farmers, who were very poor, and who often, even if they succeeded, were put to an expense which many years gain, based on the extent of their success, failed to compensate them for. He thought they were justified in asking on behalf of the Irish farmers that in future the Commissioners should make arrangements to meet at places more convenient to the parties appealing. He had also a few words to say in regard to the decisions arrived at by the Land Commissioners' Courts. It was a most extraordinary fact that, while the Sub-Commissioners had been giving very small reductions—reductions which the tenants themselves considered inadequate in view of the present depressed condition of agriculture in Ireland—yet in the majority of the cases where appeals had been entered the Land Commission had actually raised the first-term rents. He called that simply monstrous, and he assured the Committee that the Members of the Nationalist Party were resolved on every possible opportunity to call attention to the working of the Land Commission in this direction. There was still one more point to which he wished to draw particular attention. He had always considered that the zone system had proved practically ruinous to the tenants of Ireland. They found that landlords, when negotiating terms of purchase with their tenants, offered them trivial reductions and then got them to sign second-term rents, immediately afterwards instituting legal proceedings. The result was that they were terrifying them into purchasing at any price in order to save themselves. That had especially been the practice in the West and South of Ireland, and he was satisfied that many years would not pass ere a large number of tenants would find themselves ruined because of the improvident prices which were forced upon them. In his own Division he was aware of the conspiracy which existed in order to force tenants into purchasing. It was a most extraordinary fact that in one case, where the landlord demanded exorbitant terms and the tenants refused, he immediately turned round and sued these tenants for the year's rent just then due.

Order, order ! I do not think the matters the hon. Member is now entering into are relevant to the Vote. He is perfectly right in criticising the action of the Land Commission, but he is now going further, and dealing with the general working of the land system in Ireland, and that I do not think is relevant to the Vote.

said he would, of course, bow to the Chairman's ruling, and he proposed to conclude at once by moving a reduction of the Vote by £100.

Motion made, and Question proposed, "That a sum, not exceeding £600, be granted for the said service."—( Mr. Cullinan.)

said he desired to call the Attorney-General's attention to the promise made by the Chief Secretary that the instructions and regulations of the Estates Commissioners would be laid upon the Table of the House. In answer to a Question by the hon. and learned Member for North Louth the late Chief Secretary said that he had not yet decided upon the exact form of publication, but he agreed that the regulations should come before the House in some way. Being further pressed by the hon. and learned Member for York who represented the landlords, the Attorney-General stated that if the desire of the House was that the rules should be laid on the Table he would bring up a clause on Report dealing with the matter. Did the right hon. Gentleman doubt that that was the desire of the House? What did the Chief Secretary mean when he said that "He had not yet decided upon the exact form of publication, but he agreed that they should be brought before the House in some way."

Yes, I gave that promise in Committee, but it was not carried out on Report.

said that meant that the right hon. Gentleman did not carry out the undertaking he had given. It was a rule that such understandings should be religiously kept, and the right hon. Gentleman had no business to go against a direct pledge given by the Chief Secretary. He wished to know what the right hon. Gentleman meant to do in the face of what took place during the Committee stage of that Bill? Did he mean to take refuge in the plea that this great Act was to be administered by private correspondence between the Lord-Lieutenant and the Estates Commissioners? What was the object of trying to work an Act of this kind without rules and regulations? The only object of this course was to burke discussion, and that was not a legitimate object. Did the right hon. Gentleman mean to lay these regulations upon the Table of the House? If he did not, would he tell the House why With regard to the Report of the Estates Commissioners the Committee was in an extraordinary position. They all knew what an enormous amount of work had been done under the Act of 1903. No less than £20,000,000 had been applied for, and agreements had been made under the Land Purchase Act for that amount. They all knew that the Estates Commissioners were enormously overworked, and their start and premises were wholly insufficient. Nearly eighteen months had passed since the Act came into operation and they had not yet had any Report of the proceedings of that Department, because they refused to take the half-sheet of paper that was published as an Interim Report giving a column of figures which had already appeared in the newspapers. Was that Report to be presented at once, or were they to remain in the same position of blank ignorance of what was taking place, or were they to have a detailed Report of how this money was being spent? The House of Commons was entitled to a full Report of what was being done with the money of the people. He had in his possession the Report of the Land Commission for 1903. The practice was to issue these Reports about the month of July or August in the following year when they could not be discussed in the House. He thought they were entitled to have the principles laid before them upon which the Estates Commissioners were proceeding and acting. During the discussion of the Land Bill of 1903 a certain section of tenants were taken out of the zone system because they had no relation to the zones whatever. What actuated the House at the time in adopting this course was that those tenants had never had their rents fixed. In the case of 70,000 or 80,000 future tenants they were taken out of the zones, and Section 5, which was adopted to meet their case, was as follows—

"In the case of the sale of an estate where an application for an advance, to which the provisions of Sub-section 1 of Section 1 of this Act do not apply, is made, the Land Commission may, subject to the limitations of the Land Purchase Act, advance the whole or part of the purchase money if they are satisfied with the security, and are of opinion that having regard to all the circumstances of the case the agreed price is equitable."
He wanted to know what the Estates Commissioners had done under that section and how it had been administered. This section referred to 100,000 tenants who had a right to that justice which the House of Commons intended them to have. Was it a fact that when the inspectors were sent to inspect such a holding all they inquired into was whether the security on the holding was sufficient for the advance? It might be a holding upon which the tenant had more property than the landlord. Was it a fact that the tenant's property was assessed as security and that the tenant was in fact buying his own property over again. Was that the way the working of Section 5 was being carried out? He did not want to know so much about the amount of money expended, but they did want to know upon what principle the Act was being administered. The declared intention of Parliament was that these tenants would not get justice under the zones system, but now they had gone out of the frying-pan into the fire. They were being plundered and robbed, and the Estates Commissioners were a party to the plunder and the robbery. The Estates Commissioners were now administering Section 5 of the Act upon the sole question of security. What did "all the circumstances of the case" mean? What did the House of Commons intend? Simply that when an inspector went to inspect a holding under that section he should discriminate between the property of the landlord and the tenant. Would the right hon. Gentleman undertake that the Report should contain the principles upon which those gentlemen were acting in regard to Section 5, and would he let them know how it was being administered? He wanted to put another Question to the right hon. Gentleman. There was an estate—the Maher Estate—the other day brought before the House of Commons by the hon. Member for Mid.-Armagh. It was a very interesting story. He himself wanted some supplementary information in addition to that which had been obtained by his hon. friend. The hon. Member for Mid. Armagh was very anxious to find out which of the Commissioners had acted in that case. Mr. Wrench was one of the Estates Commissioners, and part of his salary, but only part, came under this Vote. The rest was safe under the Consolidated Fund. Did Mr. Wrench visit that estate? Was he the only Commissioner to visit it? With whom did he confer? Did he see the owner or her solicitor? Did he see a single one of the men who had been placed on the land? Did he see Lord Kilmaine? That was the question he wished to press, because Lord Kilmaine was at the bottom of this whole story. Did he make any report when he came back to his fellow Commissioners. Could they have that report? [A NATIONALIST MEMBER: It is privileged.] He knew it was privileged and they were not likely to get it, but all the same his hon. friend was exceedingly anxious to know about that case. He wanted to know which of the Commissioners was involved in it.

I did not mention the name of Mr. Wrench. It was Mr. Finucane I mentioned.

said he was mentioning Mr. Wrench. The hon. Gentleman went for Sir Antony MacDonnell and brought down the Chief Secretary. In this case he went for Mr. Finucane and brought down Mr. Wrench. These Gentlemen were bringing down the wrong birds. They were not good sportsmen. He asked whether Mr. Wrench was the only one of the Commissioners to visit the Maher Estate. Did he make any report of his business? What was he doing there if he did not? Whom did he see, whom did he call upon, and with whom did he stay? They would find out how this business was being administered some way or another. He now came to another part of the proceedings. This Vote was for a sum of £700 for salaries. He asked what was the position of the business of this Commission at the present moment. Would the Attorney-General tell them what was the amount applied for at the present time.

said he wanted the information up to date. Really this was the House of Commons, and they would have get some information. The information already given was up to December 31st last and they travelled fast. They dealt in millions every month. In addition to that would he tell them how much had been paid out, how much money had been secured, and if anything was going to be done to supply money for those cases where agreements had been made and simply awaited payment of the money. Had the whole machinery been slowed down? The Secretary of the Treasury was in his place and he would be able to tell them whether the whole machinery of the Estates Commission had been deliberately slowed down because there was not nearly enough money to meet the agreements that had already been signed, lodged, and passed. The 1903 Act was a great Act of Parliament. Were they to be told that that Act, which was passed for the pacification and appeasement of the country—that the whole thing was to be brought to a dead stop and that friction was not only to go on but to be increased every day. If there were any English Members around he asked them not to be alarmed. There was no raid on the British Treasury because when he asked for more money the British Treasury was perfectly safe in their hands. There was no establishment in this country which could take better care of England in dealing with the people of Ireland and they had taken admirable care that whatever loss there was on the money, and whatever discount there was, the English Treasury would not suffer. They were only getting £88 or £89 for every £100, and that deficiency was made up purely out of an Irish fund. It did not come from Imperial sources at all. In view of the fact that £20,000,000 sterling was applied for, and that only £11,000,000 sterling had been raised, that agreements were coming in every day and the machinery was being slowed down, how were they to go on without money, and were these agreements to lie in the office in Merrion Street and landlords and purchasers alike to be placed at a disadvantage? That was a plain question and they would have to get a plain answer. The last Question was what was going to be done about the office and staff of the Commission. The office was a perfect disgrace. There was no accommodation for the clerks, and he dared to say that if Sir Charles Cameron, the medical officer of health, were called into the place he would clear the whole place out. It ought to be cleared out. It was one of the most congested districts in the city of Dublin. The sanitary inspector ought to have been sent in long ago. Was the Attorney-General going to provide decent accommodation for this great Department of the State, and was he going to supply the Estates Commissioners with a staff competent and fit for its work. The whole thing had got into the most lamentable condition already although the Department was only eighteen months old. They were disappointing hopes and causing friction in the country which need not be caused if they dealt resolutely with the whole thing. What about those instructions, regulations, and rules? The Attorney-General had said there was no word about instructions or rules in the debate. He should not take refuge in that. The word regulations was used and that covered everything. He asked the right hon. Gentleman to redeem the promise made by the Chief Secretary at that date and give the House an opportunity of judging of the work and principles upon which that body was acting.

said he wished to call attention to the fact that the rent-fixing machinery of the Land Commission was practically at a standstill, and that in consequence of the manner in which the sittings of both the Sub-Commission and the Head Commission were fixed considerable injustice had been done to a great number of his constituents and to people in other constituencies. When the Irish Land Act was passing through this House great hopes were aroused that it would completely change the whole face of the country, and that tenant farmers would not very much longer require to have rents fixed at all, that they would be all transformed at once into peasant proprietors, and so forth. One of the pleas which the late Chief Secretary put forward in bringing forward the Land Bill in 1903 was that the machinery by which rents were fixed was so costly and such a deadweight upon litigants and the Treasury that it should be swept away. It was swept away by setting up this comprehensive scheme of land purchase. That was very good so far as it went, and if the tenant farmers of the country had been allowed by the landlords to purchase on fair terms he had no doubt the prophecies of the right hon. Gentleman might in great part have been realised. Those who were acquainted with the working of the Land Purchase Act in Longford, at all events, knew that it had been brought to a standstill by the exorbitant demands of the landlords. He could quote quite a number of cases in support of that, statement. The tenants were not allowed to purchase their holdings on fair terms, and the consequence was that they had to go into Court to have their rents fixed or revised. But in consequence of the breakdown of the rent-fixing machinery the tenants were being held like Mahomet's coffin between heaven and earth on the questions of land purchase and rent-fixing. This was working out in the interest of the landlords, and acting as a sort of lever to compel the tenants to give a higher price for the land. In answer to a Question to-day the Attorney-General acknowledged that there were 200 appeals from county Longford awaiting the consideration of the Land Commission, and that it was in 1903 that the last appeals from that county were heard. Instead of being heard in the county town they were heard at Dublin, the most inconvenient place that could have been chosen for the tenants, many of whom were poor and unable to bear the expenses of the journey and the employment of counsel to appear in their cases. The way appeal cases were dealt with in the higher Court was a perfect scandal. On two occasions within the last four years the Land Commissioners passed by Longford, going from Carrick-on-Shannon to Mullingar. And why? Because they thought they could not get proper hotel accommodation at Longford. It was their own personal convenience they were thinking of, and not the convenience of the poor people whose cases were to be heard. The management of the Sub-Commission was almost as bad. An eminent K.C., Mr. Edge, occasionally came round, and so far as that gentleman was himself concerned the list brought before him was fairly well exhausted; but many on the list of between 200 and 300 cases were adjourned by reason of the absence of the Lay Commissioners or for some other excuse. He asserted, and believed implicitly, that the wish was to suspend the operation of the Land Act of 1881 in order that it should be applied as a compulsory lever to the tenants to give larger prices for their holdings and bring them under the heel of the landlords. That was a disgraceful state of things, and he appealed to the right hon. Gentleman, as the chief Law Officer of the Crown in Ireland, and in the absence of a Chief Secretary the be-all and end-all of the Government system in Ireland, to take note that the Head Commision was over listed by 300 cases, that the Sub-Commissioners gave bad attendance to their duties, and that the sittings were too infrequent. He had been very much interested in the purchase by the Estates Commissioners of the Cusack Estate in the county of Longford. This estate formed one of the most famous cases of landlord tyranny that could be brought before the House of Commons. The owner deliberately entered into possession for the purpose of wrecking the property and the homes and hearts of the unfortunate people who were cursed with him as a landlord. With a great deal of trouble he had got the late Chief Secretary to press on the Estates Commissioners the necessity of purchasing that property under the 7th Section of the Act. The Estate Commissioners sent the case on to Judge Ross's Land Court on November 7th. On the property there were 400 acres of untenanted land—the only untenanted land in county Longford on which evicted tenants could be placed. He found that the decision in the case was not a judicial decision, but it worked at that the purpose for which the land was acquired was over-ridden by the decision of Judge Ross, who accepted deliberately the applications of seven grabbers who already had holdings of their own, for the purpose of shutting out evicted tenants. If the Estates Commissioners lent themselves to a policy of that kind, then the whole of this Act was a fraud and a humbug. They would be far better without it, for all the high hopes of its doing good in settling the land question were a mockery, delusion, and a snare. He could assure the right hon. Gentleman that if, in the case of this particular property, no relief was to be afforded to evicted tenants, the Irish Government might furbish up the Coercion Acts for use in the county of Longford. Then there was the King-Harman Estate in the neighbourhood of the county town, consisting of 40,000 acres. On that estate there was a Protestant tenant named Robert Armstrong, who, with his forefathers, had been for generations in occupation of a large farm from which he-was evicted by the late Mr. King-Harman, a Member of that House, in 1887. The tenant who was put in possession was a bailiff on a neighbouring estate, but his. security for the rent was supposed to be uncertain and the landlord only made him an eleven-months tenant. But that tenant was made a permanent tenant for the purpose of purchase, to the exclusion of the evicted tenant, who could have got any amount of security for the proper repayment of the instalments. Was that the way in which the policy of pacification was to be worked out? Was the grabber to be protected and encouraged, and the evicted tenant to be left out on the roadside? Then there was the case of the Galbraith Estate, which was really a congested district within the meaning of the Act. Whatever powers the Commissioners had ought to be availed of; and he hoped the right hon. Gentleman would call their attention to this matter. The majority of the tenants on this estate were rented at under £4; their land was mountain and bog, and their lives were made miserable by a harassing system of processing and decreeing from time to time in the Assize Court. There were 1,400 such tenants, and the greatest possible good could be done if they were granted fair terms. They were willing that the whole of the transaction should be carried through by the Estates Commissioners, and they were not anxious to strike a bargain at too low a rate. If the Act was going to work, the right hon. and learned Gentleman should direct the attention of the Estates Commissioners to the fact that the rate of interest was going on for months and years before the bargains already passed were finally closed up. That delay should be put a stop to. The landlords in some cases charged 4 per cent., and in others 3frac12; per cent.; but whatever the tenant paid in such cases the money was absolutely paid away, and if the Act was to work satisfactorily the money should be advanced more quickly. There was another case to which he wished to draw attention, viz., the farm of Tonnemore in the North Division of the county of Longford. On that farm 190 acres of the best grazing land were available, and these were let at present under the eleven-months system. He happened to know the gentleman who had the farm, and he would not stand between the Commissioners and the tenants if purchase terms could be arranged. He asked the right hon. and learned Gentleman not to treat this as a matter of Question and Answer, but to use his powers or influence to see that this property was bought up for the settlement of evicted tenants. There were eighty-six applications before the Estates Commissioners, and as they had at present only 400 acres of untenanted land available, it would only give five acres to each. If the right hon. and learned Gentleman could induce the Estates Commissioners to acquire this farm of Tonnemore in order to settle evicted tenants on it he would do a great deal to restore confidence in the working of the Act

said that two points arose in connection with the debate, namely, the fixing of rents and the administration of the Estates Commissioners. It was, therefore, unfortunate that the Committee had no information in regard to the operations of the Act of 1903. He hoped that when a Return was presented it would not be a mere column of dry figures, which were appalling to the average mind and conveyed little information to the intelligent mind, but that it would show how the Act had been working in regard to tenants within the zones and tenants outside the zones, and the other various classes of tenants, so that real light might be thrown on the operations of the Act. His hon. friend had called attention to a very grave matter in connection with the administration of the Act of 1903, and its reflex action on the Act of 1881. There was at present a loss of £11 or £12 per cent, on Consols, and there would, therefore, be enormous loss in the flotation of the stock if large advances were sanctioned. In his opinion it would be better that large advances should not be sanctioned until they involved a smaller loss. Although it might be said to be opposed to the land settlement he thought that the Estates Commissioners should act rather slowly than hastily. As long as a large proportion of landlords were seeking to impose upon the tenants, and to drive them into bargains which undoubtedly would be detrimental to their future prosperity if not absolutely ruinous to them, the Land Act of 1903, which was intended to be a great measure of appeasement and pacification, might turn out a curse rather than a blessing to the tenantry of Ireland. The Committee would observe the connection between the administration of the Estates Commissioners and the present operation of the Land Commissioners. A two-fold process of procrastination and unfair treatment was in progress, and a double-edged policy of that kind was calculated to drive the tenants into improvident bargains. In the case of second-term rents the tenants were face to face with two great difficulties. One was that their cases were held over, and every possible delay was put in the way of getting their rents revised. The second and the more alarming difficulty was that the tenants were not receiving the reductions to which they were entitled, owing to the present deplorable state of agriculture, the fall in prices, increased competition, and other circumstances. Only to-day it was pointed out that the reductions only varied from 5 per cent, to 10 per cent., and the Attorney-General was only able to give a stereotyped answer. In such circumstances the tenants were being driven to purchase on terms which would be ruinous to themselves and their successors. He would wish to refer to a few matters of detail. One was the callous indifference with which the Assistant Commissioners treated the comfort and the resources of the tenants in the matter of fixing rents. Every Irish representative would be glad if this rent-fixing business was done away with once for all, and the land question settled in a large and comprehensive way, if it could be accomplished without ruinous conditions being imposed on the tenantry. But until then the tenants would stand by the fixing of fair rents as the lesser of two possible evils. It would, therefore, be thought that the Sub-Commissioners would strive to meet the general convenience of the tenants. They had heard that afternoon of the Sub-Commissioners sitting in remote towns because comfortable hotels and bathing and golf were available. They all liked such things, but did not allow them to interfere with the conduct of their business. He had received numerous complaints from his own constituency with reference to tenants being obliged to travel forty or fifty miles to have their cases heard. When he asked a Question he was told that Killarney was more convenient for Cork tenants than Cork City itself. The real explanation, of course, was that Killarney was a very pleasant place in summer and had beautiful scenery and a salubrious climate. As regarded the action of the Estates Commissioners in connection with the evicted tenants he regretted they did not adopt a more sympathetic attitude. If such an attitude were not adopted the land settlement would turn to ashes on the lips of the Irish people. So far as he could see there was very little of the sympathetic spirit which animated the ex-Chief Secretary when the Bill was passing through the House being reflected in the action of the Estates Commissioners. He hoped that the result of the debate would be to introduce a better and a broader spirit into the administration of the Act. An Irish Member had to comply with many requirements. He had to possess an intimate knowledge of all the Land Acts and be able to give advice to his constituents on technical points. Otherwise he was regarded as inefficient. Secondly, if he did not bring every case of hardship, be it gigantic or minute, before the House he was regarded as not discharging his duty. His hon. friend had brought several cases to the attention of the Committee, he would submit one. The Newman Estate in his constituency was recently sold, although the money had not yet been advanced. One tenant, Mr. O'Callaghan, of Dromore, a thrifty, improving, and industrious tenant, came to him in great distress and wanted to know why he had been excluded from the general bargain, as he was willing to pay the same price as the other tenants. He wrote to the Estates Commissioners and received a very unsatisfactory answer. It stated that this tenant was excluded not for any wrong he had done or the terms he required, but because the landlord wanted to resume possession of the holding. There might be disturbance and trouble if this man was evicted, and he certainly would not give up his holding without a struggle, whereas the Estates Commissioners could settle the whole matter by informing the landlord that they would not sanction the advance unless this tenant was included with the others. This question could be discussed much more adequately if the Committee were in possession of the necessary Papers and Returns, and he hoped that when the main Estimate came up hon. Members would have all the information the Irish Office could supply.

believed that in the next few months before November 1st, which would complete two years operation of the Land Act, it was not unreasonable to suppose that from twenty-eight to thirty millions' worth of land would be agreed to be sold. There was no difference of opinion among those persons who had regard for the welfare of the country that the Act should be worked rapidly in the interests of both landlord and tenant. But what would be the position of affairs supposing that between twenty and thirty millions' worth of land were agreed to be sold, but only ten millions of money could be had to carry out the contracts? That would leave two-thirds of the purchasers hanging up and blocking future sales. There was another matter in which the tenant was greatly interested. He knew landlords who would be satisfied with 3frac14; or 3frac12;per cent. interest until the money was advanced by the Land Commissioners. But the period during which the tenant had to pay instalments and at the end of which he was to become absolute owner of his property, did not begin to run during all the period of time that such interest was being paid. He thought that in many cases landlords were trying to make reasonable arrangements as to interest, but they were powerless in the matter. Nothing could bring into operation the beginning of the period during which instalments were to be paid before the tenant could become owner of his farm. The late Chief Secretary said he did not want more than £5,000,000 a year to be advanced. He thought that probably the right hon. Gentleman had in his mind the very low price of the Funds at that time, and the great loss there would be in dealing with large sums of money, and he might also have thought it would interfere with the money market. The last speaker was in error, he thought, in regard to the quotation of Consols. He understood that when the first loan was issued they stood at, 86frac12; or 87frac12; per cent. But Guaranteed Irish Land Stock now stood at 94frac12;. It that were so, there was 7 per cent. difference. That eased a great deal of the strain upon the Irish funds. But notwithstanding that, he thought no reasonable Irishman would be unwilling to put some strain upon them in order to hasten these land transactions.

said that in the quotation he made he was speaking of earlier transactions.

said that that made the matter clear. He wished to point out that at the expiration of a year and a half they now found that money could be raised on 7 per cent. better terms. What had they to wait for? He hoped the Treasury would take advantage of a reasonably good market, and not stop at the suggested £5,000,000 a year. He believed it was the wish of hon. Members that these transactions should be hastened, and he hoped the Attorney-General would influence the Treasury to double the amount advanced and make it £10,000,000 a year. Then as to the Department, there ought to be a better staff. He did not care how efficient a man at the head of a Department might be, if he had an insufficient staff the work must be retarded. He hoped the observations made in the course of the debate that the Government desired to go slow was not well founded, but that as everybody had heartily approved of the Act nothing would be done by the Government to retard its rapid progress.

said that having watched very closely the working of the Land Act he thought it regrettable that they did not know exactly what had been done up to the present by the Estates Commissioners. It should be remembered that the Estates Commissioners were not a judicial body; they were strictly ministerial, and subject to the control of the House of Commons. It was, the before, very strange that there should be any hesitation in laying upon the Table or communicating to the House in some other way the regulations under which they carried on their business. The Attorney-General would doubtless see the necessity for satisfying the House of Commons that everything that ought to be done had been done to make the Act really effectual. As to the delay, it was preposterous that cases should be pending for three years before the tenants could ascertain their position. That was the more to be deplored because, without drawing to any appreciable extent on the Imperial Exchequer, the staff could be so strengthened as to obviate this delay. There was a large number of Assistant Commissioners, both lay and legal, who, under a properly arranged system, could go round the country and fix first and second-term rents. Mr. Justice Meredith was doubtless very hard worked, but there was no reason whatever why aid should not be rendered by other Judges of the High Court. Could not some means be adopted, without throwing any additional burden on the Imperial Exchequer, by which the hearing of appeals might be facilitated and the fixing of fair rents expedited? Reference had already been made to the inadequacy of the staff. That matter and also the condition of the offices in Dublin should be looked into. One of the best suites in Dublin had been purchased, but although some months had elapsed since the completion of the purchase the staff were not yet reaping the fruits of the expenditure. If those offices were fitted up there would be ample accommodation for the additional staff which was so urgently required. There was a feeling in Ireland that the authorities were not anxious to expedite the carrying out of this Act and that for financial reasons they did not desire to have the whole of the land of Ireland purchased within a reasonable time. That was a bad and unsound policy. The Act was passed with the idea of abolishing dual ownership, with the hope of turning every occupier into the owner of his land so as to make him a prosperous and a peaceable citizen, and it was a monstrous thing that any financial reasons should now stand in the way of the Act being fully carried out. Notwithstanding an unfortunate legal construction which had been placed upon one section of the Act, which had caused considerable delay, about £17,000,000 of land purchase contracts had been made. Cases had come within his knowledge where all the necessary steps had been taken except the payment of the money, and there was a considerable difficulty now being experienced about the landlord getting the 3frac12; per cent, interest which had been contracted for under the Act. He knew of cases in which all the arrangements were completed some six or nine months ago, but the landlords had not yet received the interest on the purchase money. That state of things was intolerable, and he agreed with the hon. Member for South Deny that means should be at once taken to obviate that difficulty. As there was no limit in the Act stating that not more than £5,000,000 a year should be raised, as seemed to be the impression, the money ought to be forthcoming upon reasonable terms. If more money was not advanced Ireland would be in this extraordinary position: that there might be millions of pounds worth of landed property in regard to which agreements had been consummated and all the difficulties got over, but the law would not operate until the money was forthcoming, and the occupier would be neither the tenant nor the owner, but would be under the obligation to pay the interest, which must be recovered through the Estates Commissioners. This was a most anomalous state of things and there was nothing like it in the whole Empire. The only remedy was to have a fund ready to meet all demands.

said he regretted that hon. Members were not in possession of the Land Commissioners' Report, which ought to show what the operations of the Act had been, and the lines upon which it had been worked. He hoped that hon. Members would be indulgent during this interregnum, when he scarcely knew whether he was the Chief Secretary, or the Attorney-General, or an Estates Commissioner, or probably, as Mrs. Malaprop said to Cerberus, "three gentleman at once." Had he known that this debate was about to take place so early in the session, and was going to range over so many subjects, he would have endeavoured to have obtained special information dealing with the particular matters, and this would have enabled him to give a much more satisfactory reply to the legitimate Questions which had been put to him. The delivered had dealt with two topics: (1) land purchase, and (2) the fixing of fair rents. With regard to the fixing of fair rents, he entirely concurred with the hon. Member who mentioned the matter that three years was much too long a time for appeals to be pending. He was not in a position either to quarrel with that, statement or to accept it, because, he did not know what answer the Commissioners might have, or what explanation they might offer. He admitted that unless there was a very sufficient answer three years was much too long a period for appeals to be outstanding. He did not think there was any ground for the accusation made against the Sub-Commissioners that they selected places for their own convenience which were inconvenient to those who had to appear before them. He was informed that they did their utmost to choose places with the most facilities of access to meet the convenience of all concerned. They insisted upon the best possible arrangements being made for the general convenience, and for disposing as rapidly as possible of the business that came before them. As he had not received notice of this Question he could not furnish the hon. Member with any explanation, and it would not be fair under the circumstances to pronounce a definite opinion. It was the duty of the Sub-Commissioners to endeavour to accommodate and meet the convenience of all the litigants, and to endeavour to deal as expeditiously as possible with their cases. An hon. Member opposite had dealt with the reductions made by the Sub-Commissioners on appeal. That was a matter for which the Commissioners themselves were responsible. They were in a judicial position and they were bound to administer the law as it was enacted and according to their lights and notions of what was right and just. If they found that some rents were too low, of course it was their duty to raise them, and if too high to lower them. It should be borne in mind that it was contemplated that this Purchase Act would dispense with the necessity of fixing rents in a great many instances. Of course there were judicial decisions which he was not in a position either to criticise, condemn, or approve. With regard to this particular Estimate speeches of £700, that was required for salaries of the additional staff of the Estates Commissioners in order to promote and facilitate the purchase operations. That additional staff would consist of one examiner, one assistant examiner, one inspector of the management of estates, four estate surveyors, nine surveyors of boundaries and holdings, and fourteen second-division clerks; but all these were subordinate members of the staff. With regard to the sales the money distributed was £4,630,000. That, owing to the figure at which the first loan was placed, practically absorbed the £5,000,000. The agreements lodged covered estates, the purchase money of which was £16,900,000. [An HON. MEMBER: Up to what date was that?] Up to the 28th February. Assuming that those agreements were carried out, that would leave a balance of £12,270,000. Perhaps hon. Members opposite could persuade the Chancellor of the Exchequer to advance money in sufficient sums to deal with these questions as they arose—in sums sufficient to put the Estates Commissioners in ample funds. He doubted very much whether they would succeed, the reason being that the loss in flotation would fall upon an Irish fund, which would not be able to bear it for any length of time, and the fund would not have any money available for other legitimate purposes which it was desired to supply out of that fund. The Chancellor of the Exchequer had placed a loan of £6,000,000 this year, making £11,000,000 for the two years, and in the face of the definite pledge given by his right hon. friend the late Chief Secretary that not more than £5,000,000 a year would be required for the first few years, it would be unfair to ask the Chancellor of the Exchequer to arrange in the first two years not for £10,000,000 but for £16,000,000 or £17,000,000. The £6,000,000 loan would probably bring in £5,340,000 which with the bonus, assuming that that amount was sold would leave —4,900,000 to be applied in purchase money, so that there would be available for purchase £5,000,000, which added to the £4,900,000 would bring up the amount for the two years to £10,000,000. No one was more convinced than himself that the two great difficulties in the way of this Act were the growth of agreements and the dearth of money.

asked whether there would be a third flotation after March.

said he did not know whether that would be so, or whether the Chancellor of the Exchequer would admit that it came within the arrangement at all that a loan should be floated in 1903–4, another in 1904–5, and that a third loan should be floated in 1905.

pressed for some information as to whether the Estates Commissioners had received the second loan. He pointed out that sales were being delayed and if the Estates Commissioners had already had that money he would like to know how such a state of delay came about.

said he could not say how much had been paid out. That was how the matter stood at present. He had been requested to press the Estates Commissioners to furnish a Report and he quite agreed a Report ought to be furnished. He had made representations and the information conveyed to him was that the Commissioners were doing their utmost to bring out a Report as soon as possible. But as hon. Members must know, the framing of such a Report must take time. He could not say what the delay in getting out this Report was due to, but he had made inquiries of the Estates Commissioners, and he was informed that it would be out in a very short time. It would, of course, require to be very carefully examined and framed by them.

said he did not know anything about revision, but the Treasury would have to see it as it dealt with public money. The hon. Member for South Tyrone had made a vehement charge against the Estates Commissioners, and had told the House of the intention of the Act, but he would remind the hon. Member that once a Bill passed on to the Statute-book it had to be interpreted according to its wording and no one was entitled to state the intentions of its framers.

The hon. and learned Gentleman misrepresents me. What I charged the Estates Commissioners with doing was ignoring the last paragraph of Section 5. They only had regard to the security for the advance, and ignored the second part which directed them to take the actual circumstances of each case into consideration.

said the Estates Commissioners were obliged to be guided by the Act of Parliament, and if they found themselves in a difficulty in regard to a point of law or the meaning of a section, as to how far it bore on a particular case, it was their business to get a decision upon it from the Judicial Commissioner. If the Commissioners had any difficulty about the interpretation of this or any portion of the Act all they had to do was to get a judicial decision on the matter from Judge Meredith. The hon. Member for South Tyrone had suggested that they were to take their law from, himself.

No, what I suggested was that if they were in a difficulty they were to take the opinion of the Law Officers of the Crown.

said the Law Officers of the Crown had nothing to do with it. The only persons he was called upon to advise were the Chief Secretary and some Departments of the Government, but provision was specially made in the Land Act in order that the Commissioners might get their legal directions from an independent source unconnected with the Government whenever a point of difficulty arose. It was not at all necessary that parties should go on their own motion in any particular case for a judicial decision. He was not aware that they had raised the point in question in any particular case.

What the right hon. Gentleman has said now is very important, namely, that it is not necessary that the point should be brought before the Judge by the party interested and that it can be brought before the Judge by the Commissioners.

stated that what he said was that if the point arose in any particular case they could of their own motion bring it before the Judge and get his decision. He did not say that the Judge was to entertain abstract questions or applications, but if any particular case arose in connection with any case before them they could immediately refer that to the Judicial Commissioner and get his decision upon it.

May I ask in regard to Section 5 whether in the case of any estate where the Commissioners are dealing with non-judicial tenants, the Commissioners can on their own motion go to Judge Meredith and ask a proper interpretation of the concluding words of that section, and that they should take into account the equities of the case. Have they done that in this instance?

said he was not aware that they had. Possibly the matter had not been before them.

If it has the fault was theirs. If any non-judicial tenant came before them, they could make a ruling upon the case and decide according to Section 5, and if there was any doubt about the ruling the landlord or the tenant, if they desired it, could get a decision from the Judicial Commissioner, This provision was specially designed in order that the Commissioners should get their law from the head of the Commission to which they belonged, and that they were not to take their law from any Law Officer, whoever he might be. Hon. Gentlemen sometimes found fault with the Commissioners for not doing something they wished them to do, or something that they thought it fair and right they should do, without ever asking themselves if they had any power to do it. If the statute did not give them power they could not do it. They were bound by the powers conferred upon them, and on this question of the evicted tenants some Gentlemen who had addressed the House thought that the Estates Commissioners had much larger powers than in point of fact they had. It was only under Section 8 that they had power to buy land, and that was in reference to a sale or intended sale of an estate. It was ancillary to that sale that they got land for the purpose of enlarging holdings, and for the purpose of reinstating evicted tenants. Many hon. Gentlemen supposed that it on a landlord's estate there were two evicted farms they could go down to the landlord and say, ''Will you sell these two evicted farms without the rest?" The landlord said, "I cannot do that. I will sell the whole of the estate, but I will not sell these two evicted farms apart from others even for the sake of reinstating these men." The Commissioners had no power to make the landlord sell in such a case, and any attempt to do it would lead to great confusion.

Have any instructions been issued to the Commissioners on that matter, or has any Minute been made with reference to it.

said he would come to the Minutes later. He would deal with the matter altogether when he came to it. He admitted the other night and he admitted now that it would be desirable that the purchase of these different estates should progress at a much quicker rate, but unfortunately the Commissioners were not able to secure untenanted land sufficient to carry out the reinstatement of the evicted tenants. But it must be always borne in mind that the main purpose of this Act of Parliament was to turn occupying tenants into owners. No doubt that hope had not been so quickly realised as was desirable, but it must be remembered that all the untenanted land that the Commissioners so far had obtained was 6,000 odd acres. They were in treaty for 30,000 acres more, and they hoped to be able to obtain them. When they did so the progress would be very much accelerated. The hon. Member for South Tipperary had asked if the Commissioners had any power to advance money to evicted tenants for the purpose of stocking their farms. The hon. Member must have forgotten that he stated the other night that forty-six men who had been reinstated had been advanced free grants amounting to £3,311.

What I asked was if the Estates Commissioners could assist the evicted tenants, whether they purchased under the Ashbourne Act or any other Act.

said he had been under a misapprehension on that point. The Commissioners had done so in every case without adding to the purchase money at all. On August 13th, 1904, the hon. Member for South Kildare asked whether the attention of the Chief Secretary had been directed to a letter from the Estates Commissioners to Mr. John Purcell, Arless, Queen's County, representing P. J. M'Laughlin, an evicted tenant, then in America, and the Chief Secretary replied—

"The hon. Member has been good enough to furnish me with a copy of the letter in question. But some misunderstanding seems to exist because the apparently simple question, 'Can the Estates Commissioners make an advance for the purpose of compensating a tenant for leaving his holding?' raises several issues which in reality are distinct. (1) In the case of a holding forming part of an estate which is not 'purchased or proposed to be purchased' no advance can be made. Such a case is outside the scope of Section 12 of the Irish Land Act, 1903. (2) In the case of a holding forming part of an estate 'purchased or proposed to be purchased' compensation may be paid, under Sections 12 and 43, for the 'benefit or improvement' of that estate, or 'generally for the purposes' of the Act, one of which is the restoration of evicted tenants in connection with a transaction for sale. (3) The suggestion that compensation may be paid for this purpose seems sometimes to be made in respect of a third category of cases, viz., where the present holder has purchased under a previous Land Act. On such cases I express no opinion, and refer the hon. Member to the reply given on July 19th to the hon. Member for Tipperary South."

asked whether a tenant who had purchased under the Ashbourne or any other Act an evicted farm and was willing to dispose of his interest was entitled to compensation in cash or an equivalent farm.

refused to answer that, and for this reason, his opinion would bind nobody but himself. The Estates Commissioners might take no notice of it, and he had no power to make them act on the opinion he gave. It was a very difficult and nice question. If a question of that kind came up they would have no difficulty in sending it to Mr. Justice Meredith in order to have it decided one way or another.

asked whether the Estates Commissioners had any power in a case where a planter was willing to surrender a farm.

said he could not answer the question off-hand, and even if he did answer, he did not know that any person would be bound by it.

asked if the right hon. Gentleman could give any information about the Maher Estate.

said the only information he had about that estate was what he gave the other day. The only other matter which he thought it necessary to deal with was the question of the regulations, and he confessed that he felt very great difficulty in approaching it, because whatever he could say could have no binding effect on whoever might be appointed to the important office of Chief Secretary for Ireland; and, indeed, it would be most unfair for him to endeavour to outline or suggest any policy which the successor of his hon. friend the Member for Dover might deem it right to adopt. He knew the policy that his right hon. friend pursued, as he had indicated the other day, but on this question of the position of the Estates Commissioners it would be necessary to make up one's mind as to what they were. Were they Judges regulating their conduct by published rules, independent as long as they acted within those rules, or were they Civil servants for whom rules might be prescribed, but in addition to which they might get instructions? Then he turned to the Act and the speeches which were made in the House to see what it was contemplated they should be. The 8th sub-Section of the 23rd Section of the Act of last year purported to fix their position. It was to the following effect—

"The Estates Commissioners, in carrying out the foregoing provisions of this Act, shall be under the general control of the Lord-Lieutenant and shall act in accordance with such regulations as may be made by him from time to time."
In the last section of the Act-there was a provision about the rules. When the clause, which was ultimately crystallised in the form in which it appeared in the Act, was under discussion in Committee, his hon. friend the Member for York objected to the Lord-Lieutenant having any daily intercourse or daily communications with the Estates Commissioners.
"What was objected to," he said, "was that in carrying out the provisions of this measure they should be subject to the daily and hourly control of the Lord-Lieutenant. It could not be right for the Lord-Lieutenant to give directions that the Commissioners should buy a particular estate or give a particular price. If that were done the Commissioners would be prejudiced in the discharge of their duty, and lie was unable to say what other meaning could be placed on the words."
The hon. Member for Longford then intervened and said that—
"The words, when taken in connection with those that followed seemed to lend themselves to some extent to the criticisms which had been made."
He agreed that these gentlemen were to be executive officers, and there was no harm in making it perfectly plain that the Government were responsible for their conduct. That being so, the Government must be able in a general way to regulate the course which the Commissioners should pursue, and that object was secured not only by the tenure of the office, but also by the words—
"Shall act in accordance with such general regulations as may be made by the Lord-Lieutenant."
But when the two provisions of this sub-section were taken together it seemed to be intended that the Lord - Lieutenant should exercise a daily and hourly control over the detailed performance of the work and the determinations of the Commissioners in regard to particular estates.
"He thought that could hardly be intended," said the hon. Member, "and it would be well if the right hon. Gentleman explained exactly what the words did mean."
Then his (Mr. Atkinson's) right hon. friend replied that the hon. Member—
"must be aware that a member of the Government could not interfere minutely from day to day in the detailed work of a great Department. These words merely meant general control and guidance, the Government being responsible for the success of the Act. The Government would not interfere in regard to a particular estate or as to the sphere of the operation of the Commissioners. But seeing that the Government of the day would be criticised in Parliament if the holies raised in the course of the debate were disappointed, it might be right for them to have a word as to whether the energies of the Commissioners should be directed towards dealing with congestion or some other of the objects of the measure."
Then the hon. Member for Louth intervened and made a pointed speech. He said—
"That in the administration of a new body with large funds at its back it would be intolerable if the Chief Secretary of the day, who would be constantly subject to criticism in Parliament, had not a directing voice. Especially would that be the case in regard to the present Chief Secretary, who was responsible for this Bill. If the measure failed to work satisfactorily the right hon. Gentleman would be attacked on all sides, and it would be impossible for him to defend his position, unless he could say he had given the necessary directions or something to that effect. It would be a satisfaction if the Committee could be told whether the regulations to be prescribed, were to be published, or submitted to Parliament. He would suggest that they should be laid on the Table of the House with power to present a prayer against them if necessary."
The hon. Member for Longford again intervened, and said—
"There was a great deal to be said for the position of the Chief Secretary, so long as the interference of the Executive Government was directed to the principles of actions, to seeing that the Act was carried out in the spirit in which it was intended, and did not extend to the minor details of judgment and so forth."
Now, it would be observed that the hon. Member for Louth dealt with two things, first, the general regulations, and asked how they were to be published: but he also dealt with the control and interference for the general purposes of the Government with the Commissioners. They were to make regulations, but in addition to regulations, and outside them, it was competent to control the Commissioners on general lines but not to interfere in particular instances. In reference to that his right hon. friend said that—
"He had not yet decided the exact form of publication, but he agreed that the regulations should come before the House in some way."
That was quite so.

said that subsequently the hon. Member for York proceeded to state that—

"This Act was going to work for a considerable number of years before it was worked out, and therefore he did not like the Lord - Lieutenant to be able to lay down any regulations he liked."
And the hon. Member moved an Amendment to add the words—
"And such regulations shall be deemed to be statutory rules within the meaning of the Rules Publication Act of 1893."
The question was put that those words he there inserted. Then he himself interposed and said that he had no objection to the proposal of the hon. Member, but some other form of words would be necessary if the rules were to be laid on the Table of the House. [An HON. MEMBER: Rules?] That must have meant regulations, for they were then speaking of regulations. Then he went on to say that if it was the desire of the House that the rules should be laid on the Table of the House he would bring up a clause on Report dealing with the matter.

said that the right hon. Gentleman had omitted the fact that in consequence of that statement the hon. Member withdrew his Amendment—viz.: on the understanding that the rules would be laid on the Table of the House.

Quite so. He (Mr. Atkinson) said that if it was the desire of the House he would bring up a clause.

said he did not do it because he was thrown over; and when the Bill came up on Report and a further Amendment was introduced he had not charge of the Bill. The pledge he had given seemed to others unacceptable; and that it was not desirable to lay the rules on the Table of the House. Accordingly an Amendment was introduced which limited the provision as to disclosing the regulations to the rules referred to in Sub-section 13. The provision in the Bill then read—

"On page 14, line 14, add 'these reports and rules under the last preceding sub-section': i.e., Sub-section 13."
He quite admitted that he said in Committee that if it was the desire of the House he would bring up a clause. On the Report he was not in charge of the Bill; but in Committee he was put up and told to say that. On consideration on Report his right hon. friend did, as he was perfectly entitled to do, change his mind.

said that the hon. Member for York withdrew his Amendment in Committee on the distinct promise—on an undertaking given to the House of Commons that that would be done. The right hon. and learned Gentleman now said that he did not fulfil that promise because he was thrown over. But did he not make any explanation to the House?

said he did not think he was required to make any explanation to the House at all. He was not in charge of the Bill, but his right hon. friend who was in charge of the Bill did not make the Amendment on Report, and nobody objected.

May I ask if you were in charge of the Bill at the time when you made the promise?

said he quite admitted that his right hon. friend did say that the regulations should be published to the House in some form. He himself had never said anything to the contrary. A Question was asked on February 2nd by the hon. Member for East Mayo of the late Chief Secretary as to whether any instructions in connection with the administration of the Land Act had been issued by the Lord-Lieutenant to the Estates Commissioners; and, if so, would they be laid on the Table of the House. His right hon friend's Answer was this—

"No such instructions have been issued to the Estates Commissioners; the hon. Member may, however, have in view the instructions to be issued by the Estates Commissioners for the guidance of the inspectors. The laying of these instructions on the Table of the House is under consideration."
He was again pressed for a further reply by the hon. Member for East Mayo as to whether any instructions had been issued, and he said there had been a Departmental instruction sent out, and he would consider whether it should be laid. Then the hon. Member for South Tyrone asked the late Chief Secretary whether he had not given a definite promise that instructions should be laid before Parliament. To that he replied—
"There is a distinction to be drawn between Departmental instructions and ordinary regulations."
If that did not meet the view of hon. Gentlemen opposite it was not his fault. His right hon. friend contended that there had been no regulations made within the meaning of Section 23, Sub-section 8, of the Act, and that all that he did, viz., to convey a Departmental communication to the Estates Commissioners, was done in accordance with the power that was reserved to him and discussed at the time the Act was passed. It was never contemplated at that time that the only communication he could make to the Estates Commissioners was in the form of a general regulation. No general regulations of that kind had been made, and therefore his right hon. friend thought that he had not failed to fulfil his pledge that he would publish general regulations. He understood that the late Chief Secretary regarded those instructions as confidential and that they should be communicated to nobody. Of course his successor might take a different view of the matter. Until, however, that successor was appointed, it would be quite improper for him to enter into any obligation, or give the House any pledge which he might not be able to carry out. He was not in a position to give any pledge on behalf of the late Chief Secretary's successor. The position of the Commissioners had to be considered. If it were right that under the provisions of the Act they should be in the position of ordinary Civil servants of the State who took orders from their superior, then if these instructions were confidential, they should be confidential for all parties and kept secret from everybody. If, on the contrary, they were to be disclosed by either side they should be disclosed by both. That was the ordinary rule in regard to Civil servants and no Civil servant would be eight to disclose the confidential communications of his superior without the concurrence of all parties concerned.

said he was afraid that according to the debate there were very few. If it were desirable to put these Estates Commissioners in the position of Judges they should be governed by a set of rules published to the world. Then they could have the protection which the Government took upon itself in reference to Civil servants who were bound to do as they were told and were saved from all blame so long as they acted within the instructions given them by their superiors.

said that they had been led to believe that the regulations would be issued and laid on the Table in order that they whether they were framed on and intentions of the Land could not come to any other conclusion than that some "hugger-mugger" or hidden work was to be laid at the doors of the Estates Commissioners which would prove injurious to the tenants. He sympathised thoroughly with the complaints made as to the action of the Sub-Commissioners in different parts of the country. In every district there appeared to be a denial of justice by reason of the delay that had taken place in the sittings of the Sub-Commissioners. In Killarney, appeals lodged five years ago had not yet been heard, and any reasonable person must come to the conclusion that the tenants were placed in a very awkward position, and were badly handicapped. Let the Committee compare the Land Commissioners' work with the fixing of rents in the County Courts. The latter took up the applications and disposed of them in three months, and it was hard to understand why the Head and Sub-Commissioners had to delay for years in dealing with questions of so much greater importance to people in the different districts. He desired to intervene in the debate on behalf of the evicted tenants of Kerry. Out of 411 applications lodged not one single case had been dealt with by the Estates Commissioners in the matter of restoring them to their holdings. It was satisfactory to note that in the majority of Kerry cases no planters were in occupation of holdings from which men had been evicted. Possibly that was because men could not be found to occupy the holdings, but if the holdings were un-tenanted and no effort made to effect such an object surely a stronger case was made out than where planters or grabbers were already in occupation. In one case a gentleman of position named Magill, who had one of these farms, instead of being negotiated with by the Estates Commissioners, was appointed one of their inspectors for the transaction of business under the Land Act. It was setting at defiance both justice and fair play that such a man should be in receipt of a salary from the Commissioners who were expected to deal fairly with the evicted tenant. In another case he, although without influence with the landlord, had been able to effect the reinstatement of an evicted tenant for the mere asking it of Mr. Coltsman, the landlord. Previous to his taking that step they had sent several letters and applications to the Estates Commissioners, and had made every possible effort to get the evicted tenant reinstated, but without avail, and they were compelled to take their own course. He had also made representations to the Estates Commissioners that owing to the number of years the tenant had been out of occupation, to his poverty and difficult position, he was entitled to some assistance; but although twelve months had lapsed since the reinstatement, and various reports had been made regarding that particular evicted tenant, nothing had been done beyond a promise that the case would be considered by the Commissioners. What was true of those two tenants applied equally to other estates in Kerry. The inspectors of the Estates Commissioners apparently made inquiries, but they resulted in no satisfactory treatment of the evicted tenants. Another case was to be found on the estate of the Earl of Kenmare in Killarney, where an evicted tenant, who had been out of his holding fifteen years, was still claiming to be reinstated. A fair rent had been fixed before he was evicted and he owed only one year's rent. He went out on the "Plan of Campaign" and in defence of the other tenants; the landlords' agent was written to, but declined to let to the evicted tenant, and although the farm was vacant, and the Estates Commissioners had been appealed to, nothing had been done. But a worse case was to be found on the Collis Sands Estate, where the landlord had agreed to sell, and the tenant had agreed to buy, and yet no definite arrangement had been made. The result was that tenants were determined not to pay rent until the landlords dealt fairly with them, and the landlords were determined to obtain high prices, even if they had to resort to writs and other processes of intimidation. Thus the whole parish was in a state of turmoil and disorder, whereas if a reasonable bargain had been allowed the parties would have been happily situated. It appeared to him that if anything was to be done for the evicted tenants it must be effected by raising their voice in Parliament and getting the people to agitate at home. The Attorney-General could only be regarded as a stop-gap in the absence of the right hon. Member for Dover, which they all regretted, but he would express the hope that some good might yet be done for the evicted tenants, who were the most deserving and needful section of the people, and that negotiations under the Land Act might be in the future carried out in a more reasonable manner than had been the case during the last two years.

asked whether the hon. and learned Gentleman could say how long the extra staff had been employed, became if they were to be employed for merits between any considerable time, in his opinion the tenants would, Vote was insufficient. It was notorious throughout Ireland that the block in the way of completing transactions was due first to the want of money, and second to the length of time necessary for the completion of the process of examination and inspection, and if this £700 now asked for was for the payment of the staff mentioned for another year, it was quite evident by the experience of the past that that staff was insufficient to get through the work. Passing to the larger question, he understood the hon. and learned Gentleman to say that the amount available each year for land purchase would be £5,000,000. Up to the present there had been £11,000,000, £5,000,000 for the financial year 1903–1904, and £6,000,000 for the financial year 1904–1905. In a few days, when the next financial year commenced, there could be another flotation of stock for another £5,000,000, and the result of that would be that £16,000,000 would be ail the money available to meet the whole of the transactions up to March 31, 1906. In the meanwhile applications kept pouring in. Those already in represented something like £16,000,000, so that they would absorb the whole of the purchase money that could be expected to be available up to the 31st of March, 1906. Yet bargains were being made and applications were coming in. There would be very long delays between the signing of the agreement and the vesting order, which was, to say the least, unfortunate. It had a great disturbing influence in Ireland, and it appeared to him that if the money was not to be got to meet the demands as they came in, some notice should be published by the Government warning both landlord and tenants that under the circumstances any agreement arrived at must remain in abeyance for many months. This was an important matter. He did not complain of the delay, because it arose from the unanticipated success of the Act of 1903, but, the conditions having arisen, in his opinion the Government ought to take some steps, either to ameliorate them, or if they could not do that they should at least let it be known that the agreements between the landlords and the after they had been signed, be shelved for many months, perhaps years, to come.

said it was very necessary for the Estates Commissioners to have proper clerical assistance, because from his personal experience they could not even acknowledge a letter in less than fourteen days. He, however, did not see any necessity for this £700 Vote at all. The staff at the Four Courts had practically nothing to do except read the newspaper all day, and the same state obtained in other Departments, consequently there was no need whatever for this extra expenditure, as clerks might have been transferred from other offices. Twenty inspectors had been appointed by the Estates Commissioners, but in reply to a Question the Attorney-General had been unable to give any information as to their creed, knowledge, or previous experience. As to the evicted tenants, according to the official Returns there were 215 evicted tenants in Queen's County of whom only one had been restored. That was an even lower rate than in the rest of the country. Out of 5,500 evicted tenants in Ireland forty-six had been restored by the Estates Commissioners, and ninety by the landlords, so that at that rate it take forty years to settle the evicted tenants question, upon which settlement depended the whole success of the Act and the peace and contentment of the country. On the Marquess of Lansdowne's estate there were forty-nine evicted tenants, not one of whom had been restored by the Estates Commissioners. He wished to know whether they had approached the planters in the matter, or whether any communications had passed between the Estates Commissioners and Lord Lansdowne with regard to the reinstatement of these tenants. Another case was that of the Caldbeck Estate, one-half of which consisted of untenanted land. That land had been parcelled out between the big graziers, business men, and the bailiff himself, although there were thirty-four tenants whose holdings were absolutely uneconomic and who under the Act had a right to a fair share of the land. Were those men to be swindled out of their rights? When the inspector went down to the estate he travelled with the agent, met the bailiff

AYES.

Abraham, William (Cork, N. E.Duncan, J. HastingsLaw, H. A. (Donegal, W.)
Abraham, William (Rhondda)Dunn, Sir WilliamLawson, Sir Wilfrid (Corn wall)
Ainsworth, John StirlingEdwards, FrankLayland-Barratt, Francis
Allen, Charles P.Elibank, Master ofLeese, Sir J. F. (Accrington)
Asher, AlexanderEllice, Capt E. C(S. Andrw'sBghsLevy, Maurice
Ashton, Thomas GairEllis, John Edward (Notts.)Lewis, John Herbert
Asquith, Rt. Hn. Herbert H.Emmott, AlfredLloyd-George, David
Atherley-Jones, L.Eve, Harry TrelawneyLough, Thomas
Barlow, John EmmottFarrell, James PatrickLundon, W.
Barry, E. (Cork, S.)Fenwick, CharlesLyell, Charles Henry
Beaumont, Wentworth, C. B.Field, WilliamMacnamara, Dr. Thomas J.
Bell, RichardFindlay, Alex. (Lanark, N. E.)MacNeill, John Gordon Swift
Benn, John WilliamsFitzmaurice, Lord EdmondMacVeagh, Jeremiah
Black, Alexander WilliamFlynn, James ChristopherMc Crae, George
Blake, EdwardFoster, Sir Walter (Derby Co.)Mc Hugh, Patrick A.
Boland, JohnFowler, Rt. Hon. Sir HenryMc Kean, John
Bolton, Thomas DollingFreeman-Thomas, Captain F.McKenna, Reginald
Brand, Hon. Arthur G.Fuller, J. M. F.Mc Killop, W. (Sligo, North)
Brigg, JohnFurness, Sir ChristopherMc Laren, Sir Charles Benjamin
Bright, Allan HeywoodGilhooly, JamesMarkham, Arthur Basil
Broadhurst, HenryGladstone, Rt. Hon. Herbert J.Mooney, John J.
Brown, G. M. (Edinburgh)Goddard, Daniel FordMorgan, J. Lloyd (Carmarthen)
Bryce, Rt. Hon. JamesHaldane, Rt. Hon. Richard B.Moss, Samuel
Burke, E. HavilandHammond, JohnMoulton, John Fletcher
Buxton, Sydney CharlesHardie, J. Keir (MerthyrTydvil)Murphy, John
Caldwell, JamesHarmsworth, R. LeicesterNannetti, Joseph P.
Cameron, RobertHarrington, TimothyNewnes, Sir George
Campbell, John (Armagh, S.)Harwood, GeorgeNolan, Joseph (Louth, South)
Causton, Richard KnightHayden, John PatrickNorton, Capt. Cecil William
Cawley, FrederickHayter, Rt. Hon. Sir Arthur D.Nussey, Thomas William
Channing, Francis AllstonHemphill, Rt. Hon. Charles H.O'Brien, James F. X. (Cork)
Cheetham, John FrederickHenderson, Arthur (Durham)O'Brien, K. (Tipperary, Mid.)
Churchill, Winston SpencerHigham, John SharpeO'Brien, P. J. (Tipperary, N.)
Clancy, John JosephHobhouse, C. E. H. (Bristol, E.O'Connor, James (Wicklow, W.
Condon, Thomas JosephHolland, Sir William HenryO'Connor, John (Kildare, N.)
Craig, Robert Hunter (Lanark)Hope, John Deans (Fife, West)O'Connor, T. P. (Liverpool)
Crean, EugeneHorniman, Frederick JohnO'Donnell, John (Mayo, S.)
Cremer, William RandalHutchinson, Dr. Charles FredkO'Dowd, John
Crombie, John WilliamHutton, Alfred E. (Morley)O'Kelly, Conor (Mayo, N.)
Crooks, WilliamJacoby, James AlfredO'Kelly, James(Roscommon,N.
Cullinan, J.Johnson, JohnO'Malley, William
Dalziel, James HenryJones, D. Brynmor (Swansea)O'Mara, James
Davies, Alfred (Carmarthen)Jones, Leif (Appleby)O'Shaughnessy, P. J.
Davies, M. Vaughan (CardiganJones, William (Carnarvonsh.Palmer, Sir Chas. M. (Durham)
Delany, WilliamJoyce, MichaelParrott, William
Devlin, Chas. Ramsay(Galway)Kearley, Hudson E.Partington, Oswald
Devlin, Joseph (Kilkenny, N.)Kennedy, V. P. (Cavan, W.)Paulton, James Mellor
Dewar, John A. (Inverness-sh.)Kilbride, DenisPease, J. A. (Saffron Walden)
Dilke, Rt. Hon. Sir CharlesLabouchere, HenryPerks, Robert William
Doogan, P. C.Lambert, GeorgePirie, Duncan V.
Douglas, Charles M. (Lanark)Lamont, NormanPower, Patrick Joseph
Duffy, William J.Langley, BattyRea, Russell

at the village, and lunched with the biggest grazier. His report, however, could not be procured; it being held to be privileged. He protested against this arrangement being sanctioned by the Commissioners, seeing that under it the whole intention of the Act was being completely defeated.

Question put.

The Committee divided:—Ayes, 218; Noes, 246. (Division List No. 34.)

Reckitt, Harold JamesSinclair, John (Forfarshire)Warner, Thomas Courtenay T.
Reddy, M.Slack, John BamfordWason, Eugene (Clackmannan)
Redmond, John E. (Waterford)Smith, Samuel (Flint)Wason, J. Cathcart (Orkney)
Reid, Sir R. Threshie (Dumfries)Soames, Arthur WellesleyWeir, James Galloway
Richards, Thos. (W. Monm'th)Soares, Ernest J.White, George (Norfolk)
Rickett, J. ComptonSpencer, Rt. Hn. C. R. (NorthantsWhite, Luke (York, E. R.)
Roberts, John Bryn (Eifion)Stanhope, Hon. Philip JamesWhite, Patrick (Meath, North)
Roberts, John H. (Denbighs.)Stevenson, Francis S.Whiteley, George (York, W.R.)
Robertson, Edmund (Dundee)Strachey, Sir EdwardWhitley, J. H. (Halifax)
Roche, JohnSullivan, DonalWhittaker, Thomas Palmer
Roe, Sir ThomasTaylor, Theodore G. (Radcliffe)Wills, Arthur W. (N. Dorset)
Rose, Charles DayTennant, Harold JohnWilson, F. W. (Norfolk, Mid.)
Runciman, WalterThomas, David A. (Merthyr)Wilson, Henry J. (York, W.R.)
Russell, T. W.Thomas, J A (Glamorgan, GowerWilson, John (Durham, Mid.)
Samuel, Herbert L. (Cleveland)Thomson, F. W. (York. W.R)Wilson, John (Falkirk)
Schwann, Charles E.Tillett, Louis JohnWoodhouse, Sir J. T. (Huddersf'd
Scott, Chas. Prestwich (Leigh)Tomkinson, JamesYoung, Samuel
Seely, Maj. J. E. B. (Isle of WightToulmin, GeorgeYoxall, James Henry
Shackleton, David JamesTrevelyan, Charles Philips
Sheehan, Daniel DanielWaldron, Laurence AmbroseTELLERS FOR THE AYES—Sir
Sheehy, DavidWallace, RobertThomas Esmonde and Mr.
Shipman, Dr. John G.Walton, Joseph (Barnsley)Patrick O'Brien.

NOES.

Agnew, Sir Andrew NoelCorbett, A. Cameron (Glasgow)Hall, Edward Marshall
Allsopp, Hon. GeorgeCorbett, T. L. (Down, North)Halsey, Rt. Hon. Thomas F.
Anson, Sir William ReynellCraig, Chas. Curtis (Antrim, S.)Hambro, Charles Eric
Arkwright, John StanhopeCross, Alexander (Glasgow)Hamilton, Marq. of(L'nd'nd'rry
Arnold-Forster, Rt. Hon. H. O.Cross, Herb. Shepherd (Bolton)Hardy, L. (Kent, Ashford)
Arrol, Sir WilliamCrossley, Rt. Hon. Sir SavileHare, Thomas Leigh
Atkinson, Rt. Hon. JohnCubitt, Hon. HenryHarris, F. Leverton (Tynem'th
Aubrey-Fletcher, Rt. Hn. Sir HDalrymple, Sir CharlesHaslam, Sir Alfred S.
Bagot, Capt. Josceline FitzRoyDavenport, William BromleyHeath, A. Howard (Hanley)
Bailey, James (Walworth)Dewar, Sir T. R.(Tower HamletsHeath, Sir J. (Staffords., N. W.
Bain, Colonel James RobertDickinson, Robert EdmondHeaton, John Henniker
Baird, John George AlexanderDickson, Charles ScottHelder, Augustus
Balcarres, Lord Disraeli, Coningsby RalphHenderson, Sir A. (Stafford, W.)
Balfour, Rt. Hn. A. J. (Manc' rDixon-Hartland, Sir F. DixonHermon-Hodge, Sir Robert T.
Balfour, Rt. Hon. G. W. (LeedsDorington, Rt. Hn. Sir John E.Hoare, Sir Samuel
Balfour, Kenneth R. (Christch.Doughty, Sir GeorgeHope, J. F. (Sheffield, Brightside
Ban bury, Sir Frederick GeorgeDouglas, Rt. Hon. A. AkersHorner, Frederick William
Banner, John S. Harmood-Doxford, Sir William TheodoreHoult, Joseph
Barry, Sir Francis T. (Windsor)Duke, Henry EdwardHoward, J. (Midd., Tottenham
Bartley, Sir George C. T.Dyke, Rt. Hn. Sir J. William HartHozier, Hn. James Henry Cecil
Bathurst, Hon. Allen Benj'minEgerton, Hon. A. de TattonHunt, Rowland
Bhownaggree, Sir M. M.Fergusson, Rt. Hn. Sir J. (Manc'rJeffreys, Capt. Hon. Arthur Fred.
Bigwood, JamesFielden, Edward BrocklehurstJessel, Capt. Herl ert Merton
Bill, CharlesFinch, Rt. Hon. George H.Konnaway, Rt. Hn. Sir John H
Blundell, Colonel HenryFinlay, Sir R. B. (Inv'ru'ss B'ghsKenyon-Slaney, Rt. Hn. Col. W.
Boscawen, Arthur GriffithFisher, William HayesKerr, John
Boulnois, EdmundFison, Frederick WilliamKeswick, William
Bowles, T. G. (King's Lynn)FitzGerald, Sir Robt. PenroseKimber, Sir Henry
Brassey, AlbertFlannery, Sir FortescueKing, Sir Henry Seymour
Brodrick, Rt. Hon. St. JohnFlower, Sir ErnestKnowles, Sir Lees
Burdett-Coutts, W.Forster, Henry WilliamLambton, Hon. Frederick Wm.
Butcher, John GeorgeFoster, P. S. (Warwick, S.W.)Law, Andrew Bonar (Glasgow)
Campbell, Rt. Hon. J A.(Glasgow)Gardner, ErnestLawrence, Sir J. (Monmouth)
Carson, Rt. Hon. Sir Edw. H.Garfit, WilliamLawrence, Wm. F. (Liverpool)
Cavendish, V.C.W.(DerbyshireGodson, Sir Augustus Fredk.Lawson, Hn. H. L. W. (Mile End)
Cayzer, Sir Charles WilliamGordon, Hn. J. E.( Elgin & NairnLawson, John Grant (Yorks NR
Cecil, Evelyn (Aston Manor)Gordon, J. (Londonderry, S.)Lee, A. H. (Hants., Fareham)
Chamberlain, Rt. Hn. J. (Birm.Goulding, Edward AlfredLegge, Col. Hon. Heneage
Chamberlain, Rt. Hn. J. A. (W'rcGraham, Henry RobertLeveson-Gower, Frederick N S.
Chapman, EdwardGreen, W.D. (Wednesbury)Llewellyn, Evan Henry
Clive, Captain Percy A.Greene, Sir E W( B'ry S Edm'ndsLoder, (Gerald Walter Erskine
Cochrane, Hon. Thos. H. A. E.Greene, H. D. (Shrewsbury)Long, Col. Chas. W. (Evesham)
Collings, Rt. Hon. JesseGreene, W. Raymond (Cambs.)Long, Rt. Hon. W. (Bristol, S.)
Colomb, Rt. Hn. Sir John C. R.Gretton, JohnLonsdale, John Brownlee
Colston, Chas. Edw. H. AtholeGuthrie, Walter MurrayLoyd, Archie Kirkman
Cook. Sir Frederick LucasHain, EdwardLucas, Col. Francis (Lowestoft)

Lucas, Reginald J. (Portsm'th)Pretyman, Ernest GeorgeStrutt, Hon. Charles Hedley
Lyttelton, Rt. Hon. AlfredPryce-Jones, Lt.-Col. EdwardTalbot, Lord E. (Chichester)
Macdona, John CummingPurvis, RobertTaylor, Austin (East Toxteth)
Maconochie, A. W.Quilter, Sir CuthbertThorburn, Sir Walter
McArthur, Charles (Liverpool)Randles, John S.Thornton. Percy M.
Mc Calmont, Colonel JamesRankin, Sir JamesTomlinson, Sir Wm. Edw. M.
Majendie, James A. H.Rasch, Sir Frederic CarneTritton, Charles Ernest
Manners, Lord CecilRatcliff, R. F.Tuff, Charles
Marks, Harry HananelReid, James (Greenock)Tuke, Sir John Batty
Martin, Richard BiddulphRenshaw, Sir Charles BineTurnour, Viscount
Maxwell, W. J. H. (Dumfriessh.)Renwick, GeorgeValentia, Viscount
Mildmay, Francis BinghamRoberts, Samuel (Sheffield)Vincent, Col. Sir C. E H (Sheffield
Milner, Rt. Hn. Sir Frederick GRobertson, Herbert (Hackney)Walrond, Rt. Hn. Sir William H
Montagu, Hon. J. Scott (HantsRolleston, Sir John F. L.Warde, Colonel C.E.
Moon, Edward Robert PacyRollit, Sir Albert KayeWebb, Colonel William George
Moore, WilliamRopner, Colonel Sir RobertWelby, Lt. -Col. A. C. E (Taunton
Morgan, D. J. (Walthamstow)Round, Rt. Hon. JamesWelby, Sir Chas. G. E. (Notts.)
Morpeth, ViscountRutherford, John (Lancashire)Wentworth, Bruce C. Vernon
Morrell, George HerbertRutherford, W. W. (Liverpool)Whiteley, H. (Ashton und. Lyne
Morrison, James ArchibaldSackville, Col. S. G. StopfordWhitmore. Charles Algernon
Morton, Arthur H. AylmerSadler, Col. Samuel AlexanderWilliams, Colonel R. (Dorset)
Mount, William ArthurSamuel, Sir H. S. (Limehouse)Willoughby de Eresby, Lord
Mowbray, Sir Robert Gray C.Sassoon, Sir Edward AlbertWilson, A. Stanley (York, E.R.
Muntz, Sir Philip A.Seely, Charles Hilton (Lincoln)Wilson, John (Glasgow)
Myers, William HenrySeton-Karr, Sir HenryWilson-Todd, Sir W. H.(Yorks.
Nicholson, William GrahamShaw-Stewart. Sir H. (RenfrewWodehouse, Rt. Hn. E.R.(Bath
Palmer, Sir Walter (Salisbury)Sinclair, Louis (Romford)Wolff, Gustav Wilhelm
Parker, Sir GilbertSloan, Thomas HenryWorsley-Taylor, Henry Wilson
Parkes, EbenezerSmith, A. B. (Hertford, East)Wortley, Rt. Hon. C. B Stuart.
Pease, Herbert P. (Darlington)Smith. Rt. Hon. J. P. (LanarksWrightson, Sir Thomas
Peel, Hn. Wm. Robt. WellesleySmith. Hon. W. F. D. (Strand)Wylie, Alexander
Pemberton, John S. G.Spear, John WardYerburgh, Robert Armstrong
Percy, EarlSpencer, Sir E. (W. Bromwich)
Pierpoint, RobertStanley, Rt. Hn. Lord (Lanes.)TELLERS FOR THE NOES—Sir
Pilkington, Colonel RichardStewart, Sir Mark J. M'TaggartAlexander Acland - Hood
Platt-Higgins, FrederickStock, James Henryand Mr. Ailwyn Fellowes.
plummer, Sir Walter R.Stone, Sir Benjamin
Powell, Sir Francis SharpStroyan, John

Original Question again proposed.

said he had not had the advan age of hearing the speech of the Attorney-General, but he had got what he believed was a fairly adequate summary of it. He wished to return to the subject of the status of the Estates Commissioners at the point where the right hon. Gentleman left it. He would read the passage in the speech of the late Chief Secretary dealing with that subject when the Laud Bill was in Committee. It was to be found in Hansard, 1st July, 1903. The right hon. Gentleman said—

"He would like to define the attitude of the Government step by step. During the long conferences which preceded the introduction of the Bill, and on almost every clause, he had laid the greatest stress on the administrative character of the new Commission. That the new Commission should be of an administrative character was not merely his personal opinion, it was an integral part of the policy of the Government. He could not have persuaded his right hon. friend to sanction the use of large public funds for purely executive work except upon the basis that those who administered them were to be in a very real sense executive officers, subject in all matters of policy, and the economic and proper use of the funds, not only to the control of the Government, but to the criticism of the House."
The late Chief Secretary was certainly a master of lucid exposition, and no language could be more explicit than that passage. There was no single statement in connection with the Bill the meaning of which was more palpable than the one he had quoted. All would agree that they had a right to criticise the action of the Estates Commissioners. It was intended that they should be under the constant control and criticism of the House. To him it was axiomatic from that proposition that the Committee must know the instructions under which the Estates Commissioners did their work if they were to be criticised. Let the Committee see the position in which they were placed by the startling statement of the Attorney-General. The right hon. Gentleman said, "It is quite true that I gave a. pledge that these instructions should be made public."

said the right hon. Gentleman had stated that he was instructed to give that pledge, and that then he was thrown over. He said he was not in charge of the Bill. They must assume. Therefore, that he was thrown over by the Gentleman in charge of the Bill, namely, the late Chief Secretary. They had a subordinate officer of the Government telling the House of Commons that, having on instructions given a deliberate pledge, he was overthrown by his superior. There had been such remarkable relations between different members of the Government that he had ceased to be startled at anything they might do. When he read a speech by the Chief Secretary in favour of one policy, and when he found a strong denunciation of that policy by the Attorney-General, he was in doubt whether the Chief Secretary had thrown over the Attorney-General or the Attorney-General had thrown over the Chief Secretary. They were accustomed to the ordinary constitutional reserve which was observed between Ministers, but this was a startling new development on which he would make further comment. He would look at the situation in which Members from Ireland were placed. They got an undertaking from a representative of the Government, and if that undertaking was not carried out they were deprived of the means of criticising the Commissioners. A pledge given to the House of Commons by one Minister was beyond the power of any other Minister to recall. The Irish representatives had strong reason to complain that the Attorney-General should have allowed himself to be thrown over, and further they had reason to complain that when he was thrown over they were not told of the matter so that the House might have dealt with it.

said the Attorney-General did not bring up words on Report, and the only explanation he gave was that he was thrown over by his hierarchical superior. The result was that a solemn pledge given to the House was broken. That was a flagrant breach of the old practice of that Assembly—a practice without which no business could be brought forward and properly and decorously discussed, namely, that a pledge given by a Minister was one from which he had no right to recede except with the consent of those to whom it was given. It was a most discreditable transaction. He supposed that the next Chief Secretary would not be an Irishman, but a man of the superior nationality who thought they had a right to manage the affairs of Ireland. When he saw the Attorney-General, an Irishman, with long years of office, thrown over by an English Chief Secretary, his sympathies gushed forth towards the right hon. Gentleman in the humiliating position in which he had been placed. He renewed his strong complaint that a breach of faith had been committed. So much in regard to form; he would now come to substance. They had been promised the right to criticise the Estates Commissioners, but they were without the materials to do so on the very point on which, above all others, they wanted material. So far as the transactions between landlord and tenants for the sale of land were entered into, these merely concerned the two parties, and the bargains might be either good or bad. There was no power on those benches by which transactions of that kind, sanctioned by the Estates Commissioners, could be revised; but the action of the Estates Commissioners in regard to the evicted tenants was primarily and mainly executive, and was a matter which affected every section of the people of Ireland, and the whole of the land policy of which the Land Act was the expression. Everybody knew that the Land Bill would not have got one vote from any single man on those benches if they had thought that the evicted tenants were going to be deserted. The supreme and vital part of the Land Act was that relating to the evicted tenants, and the Chief Secretary, as long as the Bill was under discussion in that House, and Lord Lansdowne in another place, cordially accepted that proposal. The Bill became law, and the Estates Commissioners were appointed. He did not know one of them except as a nodding acquaintance; but he had read in the public Press that the Estates Commissioners had been most anxious to deal with the evicted tenants. The right hon. Attorney-General admitted that, somehow or other, the work had not been done. If that was the fault of the Estates Commissioners let the House of Commons know. If the Irish Members could be persuaded that the blame for the manner in which this question had been tinkered with could be laid at the door of the Estates Commissioners, he could assure the Committee that the Estates Commissioners would get the full measure of Parliamentary criticism promised in the speech of the late Chief Secretary. If it was not the fault of the Estates Commissioners, let the House of Commons know. If this great question, which lay at the root of social order in Ireland, which was almost what he might call its poisoned root, was not settled, they had a right to ask who dared prevent it. For that settlement thousands of unhappy beings had been looking, yearning, and longing for ten, twenty, thirty years, hoping that they might be permitted to return to their untenanted houses and desolated farms. In the sporting phrase of his hon. friend behind him he wanted to saddle the right horse; to find out the criminal in order that they might frame an indictment against him. All that the Attorney-General could do was to say, "I promised to give you the material for criticism; I was overruled; I am still like the peri at the door of Paradise awaiting with tremulous anxiety, not unmixed with apprehension, the name of the gentleman who is to succeed to the vacant office of Chief Secretary." To what base uses this Chief Secretary ship, which was once the most important position in the Cabinet, must have come, that it was now going a-begging from one Minister to another? Was there even a poor, shuffling, callow Under-Secretary who would think it worth his while to pick it out of the gutter? This was the apotheosis of Unionism. The Attorney-General was waiting for his new hierarchical chief, and he could promise the right hon. Gentleman that it would be far more easy for him when the typical Saxon, with a fine colossal, hide-bound, rhinoceros-laden ignorance of Irish affairs, arrived as a new Chief Secretary. He pressed upon the hon. and learned Attorney-General the necessity, at the very first consultation he had with his new chief, of impressing on that Gentleman, whoever he might be, the propriety of making no pledges that he could not fulfil, and the absolute necessity of his keeping faith with Parliament and giving to the House the information promised. This matter could not be left where it stood. He was sure that they would have the assistance of the hon. and learned Gentleman in pressing upon his new chief the duty, the honour, and obligation to give the information required. When that information was forthcoming they would be able to deal with this question which for twenty years had been a source of sorrow and astonishment to Ireland.

said the restoration by the Estates Commissioners of forty-six, and by the landlords of ninety odd evicted tenants was not a very great result to show for a year and a half's working of the Land Purchase Act of 1903. In fact, it was an exceedingly poor result. There were, they were told, 4,550 applications for reinstatement, some from America, some from Australia and other countries, and he was glad to hear the hon. and learned Gentleman say he did not intend to make any point of that fact. He quite admitted that some of those claims might not be genuine, but the enormous bulk of them were, and the hon. and learned Gentleman might minimise them as much as he could, but still the forty-six restorations by the. Estates Commissioners stood out as a. miserable result of the working of the Act of 1903 in this regard. Out of the. £250,000 at the disposal of the Estates. Commissioners for the reinstatement of evicted tenants they had spent something like £3,500, which came to about £72 each tenant. Could the hon. and learned Gentleman say whether those forty-six tenants had been restored to their own holdings, or whether in that number he included those for whom other farms had been found. He himself believed that the Irish land question would never be settled to the satisfaction of Ireland, or to the advantage of the House until every evicted tenant was restored to the holding from which he had been evicted. He himself was the first tenant evicted under the Plan of Campaign, and ho never had, and never would go back from anything he did on that occasion. Given the same, circumstances and conditions, he would do to-morrow what he did then. He had taken the rough with the smooth side of Irish political life, as the hon. and learned Gentleman opposite knew, and the hon. and learned Gentleman had used every device of the law to give him penal servitude. But when he arrived in that House he neither attacked the hon. and learned Gentleman nor complained. He was one of those who preferred the rough tongue of the hon. and learned Gentleman to the smooth tongue and smiling manner of the late Chief Secretary the right hon. Member for Dover. In the one case he always knew where he was and in the other case he never knew where he was. The hon. and learned Gentleman had never deceived him. He always knew that in the hon. and learned Member he had an opponent, skilful and learned in the law, to fight, who would use every trick and device of the law to put him into jail and keep him there. He did not complain, and frankly admitted that if, under different circumstances, the hon. and learned Gentleman had to deal with him, as through the mercy of providence he might have to, yet he would do the same by him. With reference to the question he had asked that day as to the reduction of rents in county Clare, he asked the hon. and learned Gentleman to remember that some of those rents were fixed as first-term rents before 1884. Rents in West Clare were reduced by 5 per cent., and in East Clare by 10 per cent. He could not understand how any Commissioner, acquainted with the nature of the land, and having regard to the reduction in the prices of agricultural produce, could come to the conclusion that a reduction of 5 per cent. on a second-term rent could result in a fair rent, when the first-term rent had been fixed before 1884. He drew attention to the fact that one of the Sub-Commissioners who was sent to fix these rents in Clare, where the land was principally crag land and bog land, came, from county Wexford where such classes of land were almost unknown, and the result was that, instead of proper valuation being made, these ridiculous reductions of 5 per cent. for West Clare and 10 per cent, for East Clare were made. It was, of course, all done in the interest of Irish landlords, who desired to sell. The basis of purchase must be the existing rents, and these men who knew nothing about the value of land in a particular county were sent down in order to make these valuations so that the landlord might get as much money as possible, and in order to prevent the tenants going into Court, and so drive them into purchase. The Land Commissioners issued periodically a list of prices current in the Dublin markets for beef and mutton and for all classes of store stock at the various country fairs. They had inspectors attending at these fairs who sent up a return of the prices of all things sold, and what yearlings and two-year olds and so on were to be bought for, and these returns were sent to the Sub-Commissioners as a guide to them in fixing rents. Some of these Sub-Commissioners were broken-down landlords, while others were men who had endeavoured to farm on their own land and then could not make it pay. He would like to know the names of some of these Sub-Commissioners. Late in the previous session he put several questions to the right hon. Member for Dover as to whether the Estates Commissioners had any power of initiative with regard to the reinstatement of evicted tenants, or whether the Estates Commissioners had the power of initiative to approach a grabber and suggest to him to take either monetary compensation or a similar farm elsewhere to that which he was in. To these questions he never obtained a satisfactory answer. On June 29th, 1903, during the Report stage of the Land Bill, the hon. and learned Member for Waterford asked whether, under Clause 11 of the Bill, the Estates Commissioners would have power to buy out the interests of existing tenants in order to reinstate evicted tenants, and whether the money at the disposal of the Estates Commissioners, under that clause, would be available for the purpose of restocking and rebuilding farms. The Chief Secretary in reply said—

"The answer to those two questions is certainly in the affirmative."
In the face of that reply he could not understand how the right hon. Gentleman at the close of the session could have refused to give a definite answer. If nobody had a power of initiative there could not possibly be a settlement where persons had taken possession of evicted tenants' holdings. These grabbers had been described as the landlords' "wounded soldiers." There never was a greater misnomer; while the battle was going on they never took part in the fighting. They were rather the camp followers and jackals, who came in after the battle was over to rifle the wounded and the dead. In nine cases out of ten they were not and never had been practical farmers. Yet, in spite of the definite statement of the late Chief Secretary, the Estates Commissioners, under some occult influence, now refused to approach any grabber. Why was it? Who had given them their instructions? Instructions, regulations, orders, or minutes had been supplied by someone, and somewhere; it was not

AYES.

Agnew, Sir Andrew NoelBrassey, AlbertDickson, Charles Scott
Allsopp, Hon. GeorgeBrodrick, Rt. Hon. St. JohnDisraeli, Coningsby Ralph
Anson, Sir William ReynellBull, William JamesDorington, Rt. Hon. Sir John E
Arkwright, John StanhopeBurdett-Coutts, W.Doughty, Sir George
Arnold-Forster, Rt. Hon. H. 0.Butcher, John GeorgeDouglas, Rt. Hon. A. Akers
Arrol, Sir WilliamCampbell, Rt. Hn. J. A. (GlasgowDoxford, Sir William Theodore
Atkinson, Rt. Hon. JohnGarson, Rt. Hon. Sir Edw. H.Duke, Henry Edward
Aubrey-Fletcher, Rt. Hn. Sir HCavendish, V. C. W. (DerbyshireDyke, Rt. Hn. Sir William Hart
Bagot, Capt. Josceline FitzRoyCayzer, Sir Charles WilliamEgerton, Hon. A. de Tatton
Bailey, James (Walworth)Cecil, Evelyn (Aston Manor)Fergusson, Rt. Hn Sir J (Manc'r
Bain, Colonel James RobertCecil, Lord Hugh (Greenwich)Fielden, Edward Brocklehurst
Baird, John George AlexanderChamberlain, Rt. Hn. J. (Birm.Finch, Rt. Hon. George H.
Balcarres, LordChamberlain, Rt Hn. J A. (Worc.Finlay, Sir R. B. (Inv'rn'ss B'ghs.
Balfour, Rt. Hn. A. J. (Manch'rChapman, EnwardFisher, William Hayes
Balfour, Rt. Hon. G. W. (LeedsClive, Captain Percy A.Fison, Frederick William
Balfour, Kenneth R. (Christch.Coates, Edward FeethamFitzGerald, Sir Robt. Penrose
Banbury, Sir Frederick GeorgeCochrane, Hon. Thos. H. A. E.Flower, Sir Ernest
Banner, John S. Harmood-Collings, Rt. Hon. JesseForster, Henry William
Barry, Sir Francis T. (Windsor)Colomb, Rt. Hn. Sir John C. R.Foster, P. S. (Warwick, S. W.)
Bartley, Sir George C. T.Colston, Chas Edw. H. AtholeGardner, Ernest
Bathurst, Hn. Allen BerjaminCook, Sir Frederick LucasGarfit, William
Beach, Rt. Hon. Sir M. HicksCorbett, T. L. (Down, North)Godson, Sir Augustus Fredk.
Bhownaggree, Sir M. M.Craig, Chas. Curtis (Antrim, S.)Gordon, Hn. J. E. (Elgin & Nairn
Bignold, Sir ArthurCrossley, Rt. Hon. Sir SavileGordon, J. (Londonderry, S.)
Bigwood, JamesCubitt, Hon. HenryGoulding, Edward Alfred
Bill, CharlesCust, Henry John C.Graham, Henry Robert
Bingham, LordDalrymple, Sir CharlesGreen, W. D. (Wednesbury)
Blundell, Colonel HenryDavenport, William BromleyGreene, Sir E W (B'ry S Edm'nds
Boulnois, EdmundDewar, Sir T. R.(TowerHamletsGreene, H. D. (Shrewsbury)
Bowles, T. G. (King's Lynn)Dickinson, Robert EdmondGreene, W. Raymond(Cambs.

known by whom, or where. Was it because of those instructions that the Estates Commissioners refused to do that which the Chief Secretary definitely stated they would have power to do? The Attorney-General had stated that he did not give the instructions. But did they issue from the law department of Dublin Castle? Were they given by the Lord-Lieutenant? It was not supposed that the Lord-Lieutenant had anything to do with them. Lord Dudley desired to see the evicted tenants' question settled on just and amicable lines, and for that reason Nationalists were delighted that he still remained at Dublin Castle. Those who had not the courage of their convictions, who could not keep their word, had left the castle, but the man of honour and the man of his word remained.

Mr. ATTORNEY-GENERAL for IRELAND rose in his place, and claimed to move, "That the Question be now put."

Question put, "That the Question be now put."

The Committee divided:—Ayes, 235; Noes, 198. (Division List No. 35.)

Gretton, JohnMaconochie, A. W.Round, Rt. Hon. James
Hain, EdwardMcArthur, Charles (Liverpool)Rutherford, John (Lancashire)
Hall, Edward MarshallMc Calmont. Colonel JamesRutherford, W. W. (Liverpool)
Hambro, Charles EricMajendie, James A. H.Sackville, Col. S. G. (Stopford
Hamilton, Marq. Of (L'nd'nd'rryManners, Lord CecilShaw-Stewart, Sir H. (Renfrew)
Hardy, L. (Kent, Ashford)Marks, Harry HananelSinclair, Louis (Romford)
Hare, Thomas LeighMartin, Richard BiddulphSloan, Thomas Henry
Harris, F. Leverton (Tynem'thMaxwell, W. J. H. (Dumfriessh.Smith, A. H. (Hertford, East)
Haslam, Sir Alfred S.Milmay, Francis BinghamSmith, Hon. W. F. D. (Strand)
Heath, Arthur H. (Hanley)Milner, Rt. Hon. Sir Fredk. G.Spear, John Ward
Heath, Sir J. (Staffords., N. W.)Montagu, Hn. J. Scott (Hants)Stanley, Rt. Hon. Lord (Lancs.
Helder, AugustusMoon, Edward Robert PacyStewart, Sir Mark J. M'Taggart
Henderson, Sir A. (Stafford, W.Moore, WilliamStock, James Henry
Hermon-Hodge, Sir Robert T.Morgan, D. J. (Walthamstow)Stone, Sir Benjamin
Hoare, Sir SamuelMorpeth, ViscountStroyan, John
Hope, J. F. (Sheffield, BrightsideMorrell, George HerbertStrutt, Hon. Charles Hedley
Horner, Frederick WilliamMorrison, James ArchibaldTalbot, Lord E. (Chichester)
Hoult, JosephMorton, Arthur H. AylmerTalbot, Rt. Hn. J. G. (Oxfd Univ
Houston, Robert PatersonMount, William ArthurTaylor, Austin (East Toxteth)
Hozier, Hn. James Henry CecilMowbray, Sir Robert Gray G.Thorburn, Sir Walter
Hunt, RowlandMyers, William HenryTollemache, Henry James
Hutton, John (Yorks. N. R.)Nicholson, William GrahamTomlinson, Sir Wm. Edw. M.
Jeffreys, Rt. Hn. Arthur Fred.Palmer, Sir Walter (Salisbury)Tritton, Charles Ernest
Kennaway, Rt. Hn. Sir John HParker, Sir GilbertTuff, Charles
Kenyon, Slaney, Rt. Hn. Col. WParkes, EbenezerTuke, Sir John Batty
Kerr, JohnPease, Herbert P. (Darlington)Tumour, Viscount
Keswick, WilliamPeel, Hon. Wm. Robt. WellesleyValentia, Viscount
King, Sir Henry SeymourPemberton. John S. G.Vincent, Sir Edgar (Exeter)
Knowles, Sir LeesPercy, EarlWalrond, Rt. Hn. Sir William H
Lambton, Hon. Frederick Wm.Pilkington, Colonel RichardWarde, Colonel C. E.
Law, Andrew Bonar (Glasgow),Platt-Higgins, FrederickWebb, Colonel William George,
Lawrence, Sir J. (Monmouth)Plummer, Sir Walter R.Welby, Sir Chas. G. E. (Notts.)
Lawrence, Wm. F. (Liverpool)Powell, Sir Francis SharpWhiteley, H. (Ashton und. Lyne
Lawson, Hn. H. L. W. (Mile End)Pretyman, Ernest GeorgeWhitmore, Charles Algernon
Lawson, John G. (Yorks., N. R.Pryce-Jones, Lt. -Col. EdwardWillough by de Eresby, Lord
Lee, A. H. (Hants., Fareham)Purvis, RobertWilson, A. Stanley (York, E. R.
Lees, Sir Elliott (Birkenhead)Quilter, Sir CuthbertWilson, John (Glasgow)
Legge, Col. Hon. HeneageRandles, John S.Wilson-Todd, Sir W. H. (Yorks.)
Leveson-Gower, Frederick N. SRankin, Sir JamesWodehouse, Rt. Hn. E. R. (Bath)
Llewellyn, Evan HenryRasch, Sir Frederic CarneWolff, Gustav Wilhelm
Loder, Gerald Walter ErskineRatcliff, R. F.Worsley-Taylor, Henry Wilson
Long, Col. Chas. W. (Evesham)Reid, James (Greenock)Wortley, Rt. Hon. C. B. Stuart
Long, Rt. Hon. W. (Bristol, S.)Renshaw, Sir Charles BineWrightson, Sir Thomas
Lonsdale, John BrownleeRenwick, George,Wylie, Alexander
Loyd, Archie KirkmanRidley, S. FordeYerburgh, Robert Armstrong
Lucas, Col. Francis (Lowestoft)Roberts, Samuel (Sheffield)
Lucas, Reginald J. (Portsm'th)Robertson, Herbert (Hackney)TELLERS FOR THE AYES—Sir
Lyttelton, Rt. Hon. AlfredRolleston. Sir John E. L.Alexander Acland-Hood and
Macdona, John CummingRollit, Sir Albert KayeMr. Ailwyn Fellowes.
Maclver, David (Liverpool)Ropner, Colonel Sir Robert.

NOES.

Abraham, William (Cork, N. E.Burke, E. HavilandDevlin, Chas. Ramsay (Galway
Abraham, William (Rhondda)Burns, JohnDevlin, Joseph (Kilkenny, N.)
Ainsworth, John StirlingBuxton, Sydney CharlesDewar, John A. (Inverness-sh.
Allen, Charles P.Caldwell, JamesDilke, Rt. Hon. Sir Charles
Asher, AlexanderCampbell, John (Armagh, S.)Doogan, P. C.
Ashton, Thomas GairCauston, Richard KnightDouglas, Charles M. (Lanark)
Asqnith, Rt. Hon. Herbert H.Cawley, FrederickDuffy, William J.
Barlow, John EmmottChanning, Francis AllstonDuncan, J. Hastings
Barry, E. (Cork, S.)Cheetham, John FrederickDunn, Sir William
Beaumont, Wentworth G. B.Churchill, Winston SpencerEdwards, Frank
Bell, RichardClancy, John JosephElibank, Master of
Benn, John WilliamsCondon, Thomas JosephEllice, Capt E C (S. Andrw's Bghs
Black, Alexander WilliamCraig, Robert Hunter (Lanark)Ellis, John Edward(Notts.)
Blake, EdwardCrean, EugeneEmmott, Alfred
Boland, JohnGremer, William RandalEvans, Samuel T. (Glamorgan)
Bolton, Thomas DollingCrombie, John WilliamEve, Harry Trelawney
Brigg, JohnGullinan, J.Farrell, James Patrick
Bright, Allan HeywoodDavies, M. Vaughan (CardiganFenwick. Charles
Broadhurst, HenryDelany, WilliamField, William

Findlay, Alex. (Lanark, N. E.)Mc Crae, GeorgeRussell, T. W.
Fitzmaurice, Lord EdmondMc Hugh, Patrick A.Samuel, Herbert L. (Cleveland)
Flynn, James ChristopherMc Kean, JohnSchwann, Charles E.
Foster, Sir Walter (Derby Co.)Mc Kenna, ReginaldSeely, Maj. J. E. B. (Isle of Wight
Freeman-Thomas, Captain F.Mc Killop, W. (Sligo, North)Shackleton, David James
Fuller, J. M. F.Mc Laren, Sir Charles BenjaminSheehan, Daniel Daniel
Furness, Sir ChristopherMarkham, Arthur BasilSheehy, David
Gilhooly, JamesMooney, John J.Shipman, Dr. John G.
Gladstone, Rt. Hon. Herbert J.Morgan, J. Lloyd (Carmarthen)Sinclair, John (Forfarshire)
Goddard, Daniel FordMoss, SamuelSlack, John Bamford
Hammond, JohnMoulton, John FletcherSoames, Arthur Wellesley
Hardie, J. K. (Merthyr Tydvil)Murphy, JohnSoares, Ernest J.
Harmsworth, R. LeicesterNannetti, Joseph P.Spencer, Rt. Hn. C. R (Northants
Harrington, TimothyNolan, Joseph (Louth, South)Stanhope, Hon. Philip James
Hayden, John PatrickNussey, Thomas WillansStevenson, Francis S.
Hayter, Rt. Hn. Sir Arthur D.O'Brien, James F. X. (Cork)Strachey, Sir Edward
Hemphill, Rt. Hon. Charles H.O'Brien, K. (Tipperary, Mid.)Sullivan, Donal
Henderson, Arthur (Durham)O'Brien, P. J. (Tipperary, N.)Taylor, Theodore C. (Radcliffe)
Higham, John SharpeO'Connor, James (Wicklow, W.Tennant, Harold John
Hobhouse, C. E. H. (Bristol, E.O'Connor, John (Kildare, N.)Thomas, David A. (Merthyr)
Holland, Sir William HenryO'Connor, T. P. (Liverpool)Thomas, JA (Glamorgan, Gow'r
Hope, John Deans (Fife, West)O'Donnell, John(Mayo, S.)Thomson, F. W. (York, W. R.)
Horniman, Frederick JohnO' Dowd, JohnTillett, Louis John
Hutchinson, Dr. Charles Fredk.O' Kelly, Conor (Mayo, N.)Tomkinson, James
Hutton, Alfred E. (Morley)O' Kelly, James (Roscommon, NToulmin, George
Jacoby, James AlfredO'Malley, WilliamTrevelyan, Charles Philips
Johnson, JohnO' Mara, JamesWallace, Robert
Jones, Leif (Appleby)O' Shaughnessy, P. J.Walton, Joseph (Barnsley)
Jones, William (Carnarvonsh.Parrott, WilliamWarner, Thomas Courtenay T.
Joyce, MichaelPartington, OswaldWason, Eugene (Clackmannan)
Kearley, Hudson E.Paulton, James MellorWason, J. Cathcart (Orkney)
Kennedy, V. P. (Cavan, W.)Pease, J. A. (Saffron Walden)Weir, James Galloway
Kilbride, DenisPerks, Robert WilliamWhite, George (Norfolk)
Labouchere, HenryPirie, Duncan V.White, Luke (York, E. R.)
Lambert, GeorgePower, Patrick JosephWhite, Patrick (Meath, North)
Lamont, NormanRea, RussellWhiteley, George (York, W.R.)
Langley, BattyReckitt, Harold JamesWhitley, J. H. (Halifax)
Law, Hugh A. (Donegal, W.)Reddy, M.Whittaker, Thomas Palmer
Lawson, Sir Wilfrid (Cornwall)|Redmond, John E. (Waterford)Wilson, F. W. (Norfolk, Mid.)
Layland-Barratt, FrancisReid, Sir R. Threshie (Dumfries)Wilson, John (Durham, Mid.)
Leese, Sir J F. (Accrington)Richards, Thos. (W. Monm'th)Wilson, John (Falkirk)
Levy, MauriceRickett, J. ComptonWoodhouse, Sir J T (Huddersf'd
Lewis, John HerbertRoberts, John Bryn (Eifion)Yoxall, James Henry
Lloyd-George, DavidRoberts, John H. (Denbighs.)
Lundon, W.Robson, William SnowdonTELLERS FOR THE NOES—Sir
Lyell, Charles HenryRoche, JohnThomas Esmonde and Mr.
Macnamara, Dr. Thomas J.Roe, Sir ThomasPatrick O'Brien.
Mac Neill, John Gordon SwiftRose, Charles Day
MacVeagh, JeremiahRunciman, Walter

Question put accordingly, "That a supplementary sum, not exceeding£700, be granted to His Majesty, to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1905, for the Salaries and

AYES.

Agnew, Sir Andrew NoelBalfour, Rt. Hn. A. J. (Manch'r.Bigwood, James
Allsopp, Hon. GeorgeBalfour, Rt. Hon. G. W. (LeedsBill, Charles
Anson, Sir William ReynellBalfour, Kenneth R. (Christch.Bingham, Lord
Arkwright, John StanhopeBanbury, Sir Frederick GeorgeBlundell, Colonel Henry
Arnold-Forster, Rt. Hon. H. O.Banner, John S. Harmood-Boulnois, Edmund
Arrol, Sir WilliamBarry, Sir Francis T. (WindsorBowles, T. G. (King's Lynn)
Atkinson, Rt. Hon. JohnBartley, Sir George C. T.Brassey, Albert
Aubrey-Fletcher, Rt. HnSir H.Bathurst, Hon. A. BenjaminBrodrick, Rt. Hon. St. John
Bain, Colonel James RobertBeach, Rt. Hon. Sir M. HicksBull, William James
Baird, John George AlexanderBhownaggree, Sir M. M.Burdett-Coutts, W.
Balcarres, LordBignold, Sir ArthurButcher, John George

Expenses of the Office of the Irish Land Commission"

The Committee divided:—Ayes, 299; Noes, 193. (Division List No.36.)

Campbell. Rt. Hn. J. A. (GlasgowHenderson, Sir A. (Stafford, W.Powell, Sir Francis Sharp
Carson, Rt. Hn. Sir Edw. H.Hermon-Hodge, Sir Robert T.Pretyman. Ernest George
Cavendish, V. C. W. (DerbyshireHoare, Sir SamuelPryce-Jones, Lt.-Col. Edward
Cayzer, Sir Charles WilliamHope,J.F.(Sheffield, BrightsidePurvis, Robert
Cecil, Evelyn (Aston Manor)Horner, Frederick WilliamQuilter, Sir Cuthbert
Cecil, Lord Hugh (Greenwich)Hoult, JosephRandles, John S.
Chamberlain, Rt. Hn. J. (Birm.)Houston, Robert PatersonRankin, Sir James
Chamberlain, Rt. Hn. JA (Worc.Hozier, Hn. James Henry CecilRatcliff, R. F.
Chapman. EdwardHunt, RowlandReid, James (Greenock)
Clive, Captain Percy A.Hutton, John (Yorks., N. R.)Renshaw, Sir Charles Bine
Coates, Edward FeethamJeffreys, Rt. Hn. Arthur Fred.Renwick, George
Cochrane, Hon. Thos. H. A. E.Kennaway, Rt, Hn. Sir John H.Ridley, S. Forde
Collings, Rt. Hon. JesseKenyon-Slaney. Rt. Hon. Col. W.Roberts, Samuel (Sheffield)
Colomb, Rt. Hn. Sir John C. R.Kerr, JohnRobertson, Herbert (Hackney)
Colston, Chas. Edw. H. AtholeKeswick, WilliamRolleston, Sir John F. L.
Cook, Sir Frederick LucasKirg, Sir Henry SeymourRollit, Sir Albert Kaye
Corbett, T. L. (Down, North)Knowles, Sir LeesRopner, Colonel Sir Robert
Craig, Chas. Curtis (Antrim, S.)Lambton, Hon. Frederick Wm.Round, Rt. Hon. James
Crossley, Rt. Hon. Sir SavileLaw, Andrew Bonar (Glasgow)Rutherford, John (Lancashire)
Cubitt, Hon. HenryLawrence, Sir J. (Monmouth)Rutherford, W. W. (Liverpool)
Cust, Henry John C.Lawrence, Wm. F. (Liverpool)Sackville, Col. S. G. Stopford
Dalrymple, Sir CharlesLawson,Hn.H.L.W. (Mile End)Sadler, Col. Samuel Alexander
Davenport, William BromleyLawson, John G. (Yorks., N. R.Shaw-Stewart, Sir H. (Renfrew)
Dewar, SirT.R.(Tower HamletsLee, A. H. (Hants., Fareham)Sinclair, Louis (Romford)
Dickinson, Robert EdmondLees, Sir Elliott (Birkenhead)Sloan, Thomas Henry
Dickson, Charles ScottLegge, Col. Hon. HeneageSmith, A. H. (Hertford, East)
Disraeli, Coningsby RalphLeveson-Gower, Frederick N. S.Smith, Hon. W. F. D. (Strand)
Dorington, Rt. Hn. Sir John E.Llewellyn, Evan HenrySpear, John Ward
Doughty, Sir GeorgeLoder, Gerald Walter ErskineStanley, Rt. Hn. Lord (Lancs.)
Douglas, Rt. Hon. A. AkersLong, Col. Chas. W. (Evesham)Stewart, Sir Mark J. M 'Taggart
Doxford, Sir William TheodoreLong, Rt. Hon. W. (Bristol, S.)Stock, James Henry
Duke, Henry EdwardLonsdale, John BrownleeStone, Sir Benjamin
Dyke, Rt. Hn. Sir William HartLoyd, Archic KirkmanStroyan, John
Egerton, Hon. A. de TattonLucas, Col. Francis (Lowestoft)Strutt, Hon. Charles Hedley
Fergusson. Rt.Hn.SirJ (Manc'r.Lyttelton, Rt. Hon. AlfredTalbot, Lord E. (Chichester)
Fielden, Edward BrocklehurstMacdona, John CummingTalbot, Rt. Hn. J. G(Oxf'd Univ.
Finch, Rt. Hon. George H.MacIver, David (Liverpool)Thorburn, Sir Walter
Finlay, SirR.B (Inv'rn'ssB'ghs.Maconochie, A. W.Tollemache, Henry James
Fisher, William HayesM'Arthur, Charles (Liverpool)Tomlinson, Sir Wm. Edw. M.
Fison, Frederick WilliamM'Calmont, Colonel JamesTritton, Charles Ernest
FitzGerald, Sir Robt. PenroseMajendie, James A. H.Tuff, Charles
Flower, Sir ErnestMarks, Harry HananelTuke, Sir John Batty
Forster, Henry WilliamMartin, Richard BiddulphTurnour, Viscount
Foster, P. S. (Warwick, S. W.)Maxwell. W. J. H (DumfriesshireValentia, Viscount
Gardner, ErnestMildmay, Francis BinghamVincent, Sir Edgar (Exeter)
Garfit, WilliamMilner,Rt.Hn.Sir Frederick GWalrond,Rt.Hn.Sir William H.
Godson, Sir Augustus Fredk.Montagu, Hn. J. Scott (Hants.)Warde, Colonel C. E.
Gordon,Hn.J. E.(Elgin & NairnMoon, Edward Robert PacyWebb, Colonel William George
Gordon, J. (Londonderry, S.)Moore, WilliamWelby, Sir Chas. G. E. (Notts.)
Goulding, Edward AlfredMorgan, D. J. (Walthamstow)Whiteley, H. (Ashton und. Lyne
Graham, Henry RobertMorpeth, ViscountWhitmore, Charles Algernon
Green, W. D. (Wednesbury)Morrell, George HerbertWilloughby de Eresby, Lord
Greene, Sir EW(B'ry SEdm'ndsMorrison, James ArchibaldWilson, A. Stanley (York, E. R.)
Greene, H. D. (Shrewsbury)Morton, Arthur H. AylmerWilson, John (Glasgow)
Greene, W. Raymond (Cambs.)Mount, William ArthurWilson-Todd, SirW. H. (Yorks.)
Gretton, JohnMowbray, Sir Robert Gray G.Wodehouse, Rt. Hn. E. R(Bath
Hain, EdwardMyers, William HenryWolff, Gustav Wilhelm
Hall, Edward MarshallNicholson, William GrahamWorsley-Taylor, Henry Wilson
Hambro, Charles EricPalmer, Sir Walter (Salisbury)Wortley, Rt. Hn. C. B. Stuart
Hamilton, Marq. Of (L'nd'nd'rryParkes, EbenezerWrightson, Sir Thomas
Hardy, L. (Kent, Ashford)Pease, Herbert P. (Darlington)Wylie, Alexander
Hare, Thomas LeighPeel, Hn. Wm. Robt. WellesleyYerburgh, Robert Armstrong
Harris, F. Leverton (Tynem'thPemberton, John S. G.
Haslam, Sir Alfred S.Percy, EarlTELLERS FOR THE AYES£Sir
Heath, Arthur H. (Hanley)Pilkington, Colonel RichardAlexander Acland-Hood and
Heath, Sir J. (Staffords., N.W.)Platt-Higgins, FrederickMr. Ailwyn Fellowes.
Helder, AugustusPlummer, Sir Walter R.

NOES.

Abraham, William (Cork, N. E.Allen, Charles P.Asquith, Rt. Hon. Herbert H.
Abraham, William (Rhondda)Asher, AlexanderBarlow, John Emmott
Ainsworth, John StirlingAshton, Thomas GairBarry, E. (Cork, S.)

Beaumont, Wentworth C. B.Hemphill, Rt. Hon. Charles H.Pirie, Duncan V.
Bell, RichardHenderson, Arthur (Durham)Power, Patrick Joseph
Benn, John WilliamsHigham, John SharpeRea, Russell
Black, Alexander WilliamHobhouse, C. E. H. (Bristol, E.Reckitt, Harold James
Blake, EdwardHolland, Sir William HenryReddy, M.
Boland, JohnHope, John Deans (Fife, West)Redmond, John E. (Waterford
Bolton, Thomas DollingHorniman, Frederick JohnReid, SirR. Threshie (Dumfries
Brigg, JohnHutchinson, Dr. Charles Fredk.Richards, H. C. (Finsbury, E.)
Bright, Allan HeywoodHutton, Alfred E. (Morley)Rickett, J. Compton
Broadhurst, HenryJacoby, James AlfredRoberts, John Bryn (Eifion)
Burke, E. HavilandJohnson, JohnRoberts, John H. (Denbighs.)
Burns, JohnJones, Leif(Appleby)Robson, William Snowdon
Buxton, Sydney CharlesJones, William (Carnarvonsh.Roche, John
Caldwell, JamesJoyce, MichaelRose, Sir Thomas
Campbell, John (Armagh, S.)Kennedy, V. P. (Cavan, W.)Rose, Charles Day
Causton, Richard KnightKilbride, DenisRunciman, Walter
Cawley, FrederickLabouchere, HenryRussell, T. W.
Channing, Francis AllstonLambert, GeorgeSamuel, Herbert L. (Cleveland)
Cheetham, John FrederickLamont, NormanSchwann, Charles E.
Churchill, Winston SpencerLangley, BattySeely, Maj. J. E. B. (Isle of Wight
Clancy, John JosephLaw, Hugh Alex. (Donegal, W.Shackleton, David James
Condon, Thomas JosephLayland-Barratt, FrancisSheehan, Daniel Daniel
Craig, Robert Hunter (Lanark)Leese, Sir J. F. (Accrington)Sheehy, David
Crean, EugeneLevy, MauriceShipman, D. John G.
Cremer, William RandalLewis, John HerbertSinclair, John (Forfarshire)
Crombie, John WilliamLundon, W.Slack, John Bamford
Cullinan, J.Lyell, Charles HenrySoames, Arthur Wellesley
Davies, M. Vaughan (CardiganMacnamara, Dr. Thomas J.Soares, Ernest J.
Delany, WilliamMacNeill, John Gordon SwiftSpencer,Rt.Hn.C.R (Northants
Devlin, Chas. Ramsay (GalwayMacVeagh, JeremiahStevenson, Francis S.
Devlin, Joseph (Kilkenny, N.)M'Crae, GeorgeStrachey, Sir Edward
Dewar, John A. (Inverness-sh.)M'Hugh, Patrick A.Sullivan, Donal
Dilke, Rt. Hon. Sir CharlesM'Kean, JohnTaylor, Theodore C. (Radcliffe)
Doogan, P. C.M'Kenna, ReginaldTennant, Harold John
Douglas, Charles M. (Lanark)M'Killop, W. (Sligo, North)Thomas, David A. (Merthyr)
Duffy, William J.M'Laren, Sir Charles BenjaminThomas, J A(Glamorgan, Gower
Duncan, J. HastingsMarkham, Arthur BasilThomson, F. W. (York, W. R.)
Dunn, Sir WilliamMooney, John J.Tillett, Louis, John
Edwards, FrankMorgan, J. Lloyd (Carmarthen)Tomkinson, James
Ellice, CaptEC (S. Andrw's BghsMoss, SamuelToulmin, George
Ellis, JohnEdward (Notts.)Moulton, John FletcherTrevelyan, Charles Philips
Emmott, AlfredMurphy, JohnWallace, Robert
Evans, Samuel T. (Glamorgan)Nannetti, Joseph P.Walton, Joseph (Barnsley)
Eve, Harry TrelawneyNolan, Joseph (Louth, South)Warner, Thomas Courtenay T.
Farrell, James PatrickNussey, Thomas WillansWason, Eugene (Clackmannan)
Fenwick, CharlesO'Brien, James F. X. (Cork)Wason, John C. (Orkney)
Field, WilliamO'Brien, K. (Tipperary, Mid.)Weir, James Galloway
Findlay, Alex. (Lanark, N. E.)O'Brien, P. J. (Tipperary, N.)White, George(Norfolk)
Fitzmaurice, Lord EdmondO'Connor, James (Wicklow, W.White, Luke (York, E. R.)
Flynn, James ChristopherO'Connor, John (Kildare, N.)White, Patrick (Meath, North)
Foster, Sir Walter (Derby Co.)O'Connor, T. P. (Liverpool)Whiteley, George (York, W. R.)
Freeman-Thomas, Captain FO'Donnell, John (Mayo, S.)Whitley, J. H. (Halifax)
Fuller, J. M. F.O'Dowd, JohnWhittaker, Thomas Palmer
Furness, Sir ChristopherO'Kelly, Conor (Mayo, N.)Wilson, Fred. W. (Norfolk, Mid.
Gilhooly, JamesO'Kelly, James (Roscommon, NWilson, John (Durham, Mid.)
Gladstone, Rt. Hn. Herbert J.O'Malley, WilliamWilson, John (Falkirk)
Goddard, Daniel FordO'Mara, JamesWoodhouse, Sir J T(Huddersf'd
Hammond, JohnO'Shaughnessy, P. J.Yoxall, James Henry
Hardie, J. K. (Merthyr Tydvil)Parrott, William
Harmsworth, R. LeicesterPartington, OswaldTELLERS FOR THE NOES—Sir
Harrington, TimothyPaulton, James MellorThomas Esmonde and Mr.
Hayden, John PatrickPease, J. A. (Saffron Walden)Patrick O'Brien.
Hayter, Rt. Hon. Sir Arthur D.Perks, Robert William

And, it being after half-past Seven of the clock, the Chairman left the Chair to make his Report to the House.

Resolution to be reported upon Monday next.

Committee to sit again this evening.

Evening Sitting

Rathmines And Rathgar Extension And Improvement Bill By Order

[SECOND READING.]

Order for Second Reading read.

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

in rising to move the rejection of this Bill, said he had no wish to detain the House for any length of time, but merely to explain shortly the position of himself and the other Members who had similar Motions on the Paper. Rathmines and Rathgar was an urban district situated in that portion of the county of Dublin which he had the honour to represent. Six Members representing the city and the county of Dublin were returned to this House, and so representative was this Bill that the only persons who could be found to introduce it were the hon. Member for South Londonderry and the hon. Member for North Antrim. That curious state of things did not arise from the fact that those who represented Dublin had failed in their duties to their constituents, but from the fact that they would not be parties to a Bill which proposed to confer on one set of people powers and privileges to the detriment of another set of persons who already enjoyed certain of those, powers and privi eges. His main reason or asking for the rejection of this Bill was that it transgressed certain rules which had been laid down by the House for its own guidance. The object of the Bill which was proposed by the Urban District Council of Rathmines was to grab a portion of the existing county of Dublin. The portion it proposed to take had a district council of its own and formed the residential portion of the county of Dublin. It was over one-third the size of the existing area of the district which proposed to annex it, and had a local authority of its own. He submitted that it was against the settled principle of the House to allow the annexation of one district, by an adjoining district when there was in the district proposed to be annexed a council of its own which was hostile to that annexation, unless there was an over whelming case made out in favour of it. The Urban District Council of Rathmines was the last body which should have come to this House and ask them to vary their own rule. The Rathmines District Council had been before the House many times, it had given evidence before Committees which was found to be absolutely misleading, and produced figures which, had it been a limited company whose figures were scrutinised every year by an auditor, no auditor would have granted a certificate for. The town clerk of Rathmines before one of the Committees of the House deliberately stated that the rates in existence in the township of Rathmines were only 4s. in the £. He stated the same thing before a Committee of the Upper House. His statement at the time was strictly true, but he omitted to mention that the rates had been deliberately kept down for the purposes of that evidence, and a less rate had been struck than should have been; that in 1898 the rate was struck at 6s. in the £, and that in 1900 it was actually struck at 10s., in order to make up the deficiency which had resulted in 1899 owing to too low a rate having been struck. The indebtedness of the Rathmines Council per head of the population was greater than that of the City of London. They had indulged in the most extravagant and costly schemes which had not the real sanction of the people in the district, and the real fact of the matter was that the Urban District Council of Rathmines had by mismanagement in the past got themselves into such a state of confusion and debt that they had been obliged to look round for some means of extricating themselves, and the only means which they had been enabled to discover was this attempt to annex this adjoining district, thus robbing the county council of the rates of that portion of the county in order that they themselves might take them for the purpose of paying off their own debts. He begged to move that the Bill be read a second time that day six months.

said the hon. Member who had moved the rejection of the Bill had given so clear an explanation of his reason for so doing that it was not necessary to further labour that point. He himself opposed this Bill on the ground that it would inflict a grave injury upon the Corporation of Dublin, of which he was a member, and the Port and Docks Board of Dublin, of which he was also a member. Both those bodies had entered a protest against this Bill. The unfortunate thing about this Bill was that it came before the House of Commons, very few Members of which understood the matter, and that when the division was taken its fate would be decided by a number of gentlemen who would come in and vote either for or against it, but who had not troubled to come and listen to the arguments. He was perfectly satisfied that if this Bill went before a committee of the citizens of Dublin, no matter whether they were a Unionist or a Nationalist committee, it would be scouted. No case had been made out for the annexation of the district which it was proposed to take over by this Bill. On the other hand, the Corporation of Dublin believed that this Bill would seriously interfere with their scheme of water supply and their great drainage scheme, which had now almost come to completion. The Corporation of Dublin was already supplying the population of the district with water, and, if this Bill was allowed to go through the Rathmines District Council would immediately come into active competition with the Corporation in regard to that. He thought a more preposterous proposal than this could hardly be brought before the House. At the present time the Dublin Port and Docks Board were in negotiation with these people to deal with their sewage. The Port and Docks Board now received £200 a year for allowing them to discharge their sewage into the River Dodder, which was a tributary to the Liffey, and they were now to receive a further £40 a year from the Rathmines people for dealing more effectively with it, as the Rathmines people could not deal with it themselves. The Port and Docks Board of Dublin, therefore, strongly opposed this Bill. Having regard to the great drainage scheme of the city, of Dublin and the purification of the Liffey, in which they were now engaged, was it fair, he asked, to the Corporation of Dublin, who had made ample provision to take over the drainage of these surrounding areas, that this council should be set up against them, and that the work they were now doing in regard to the purification of the river should be prevented by another authority coming in and discharging their sewage into the River Dodder through which it passed into the Liffey, and flowed through Dublin, while they themselves were not allowed to discharge into the Liffey, but to carry it out to sea. No case had been made out for this measure. It was an omnibus Bill which went into various other matters, and it would do a serious injury to the Corporation of Dublin. The promoters of this Bill had sent out a dishonest circular in which, on the one hand, they asked for power to carry out the principle of municipalisation, while at the same time they were sending out a circular on behalf of the manufacturers. This Bill would injure the City of Dublin in regard to their main drainage scheme, which it would hamper unfairly; it would increase the City of Dublin's obligation to the county council, increase taxation in the county at large, and impose a heavier burden of taxation upon the districts to be taken in. For these reasons he asked the House to reject the Bill. When the corporation asked for a locus standi in regard to this measure they were refused unless they consented to withdraw their opposition. Of course, the Corporation of Dublin could not do such a thing, and so they were, refused locus standi.

Amendment proposed—

"To leave out the word 'now' and at the end of the Question to add the words 'upon this day six months.'"—(Mr. Mooney.)

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

said he knew something about the facts of this case. In regard to this measure hon. Members opposite had dealt with everything but the merits of the Bill. Those who had backed this measure with their names were residents and ratepayers in Dublin, and they were deeply interested in the welfare of the city, and each of them could throw a stone from where they lived into the township of Rathmines. Although they represented other constituencies in the House they were far more interested in the districts affected by this Bill than some of the hon. Members opposite who were opposing it. It had been argued that it was contrary to the settled practice and principle of that House for a large municipal community to annex another without the full consent of that community. Now what had happened in the case of the City of Dublin itself? Three times Dublin had brought Rathmines before the House of Commons to annex them against the wishes of nine-tenths of the people of Rathmines and Pembroke, but they had managed to escape the net of that political caucus which ruled Dublin. Clontarf and Kilmainham fought, but both of them were absorbed. For several sessions Dublin had attempted to bring in Rathmines. which was well managed and well regulated, and in every way well-governed in its non-political affairs. ["Oh, oh!"] Rathmines was Unionist to the backbone. [NATIONALIST laughter.] That was a fact, and it was quite capable of managing its own municipal affairs. It was solely because Rathmines excluded politics from its local affairs, and would not be governed by the Dublin Corporation, that this measure was being opposed by hon. Members opposite. It had been said that this was a question of the rates. He did not believe that the rates affected the question much, but he would deal with that argument. The rates in Rathmines were 8s. 9d. in the pound, and 3s. 6d. of that went to the county council, and 1s. to pay the costs which the township of Rathmines was forced to incur in defeating the efforts of the Dublin Corporation to annex them. That was the sort of neighbour Rathmines had got. Now the rates in the City of Dublin were 10s. 4d. in the pound, but Rathmines had to pay 7d. or 8d. in the pound as an equalisation rate, and hand it over to the City of Dublin. Rathmines had been called upon to pay an extra rate of 1s. in the pound for five years by an indefensible procedure on the part of the Corporation of Dublin to annex them, the rates in Dublin being 10s. 4d. in the pound.

That is not a proper expression to use, and I hope the hon. Member will withdraw it.

said he did not wish to use an un-Parliamentary expression and he would withdraw it.

proceeding, said that Rathmines had a good water supply and the City of Dublin at one time had to go to them when they ran short. The hon. Member for Dublin Harbour had said that the difficulties Dublin was likely to be in for water would probably be mitigated by this Bill if passed.

The hon. Member is grossly misrepresenting me. What I said was that Dublin Corporation were making calculations for a new reservoir, and I told them that in my judgment the supply was insufficient, and that if this Bill passed there would be a less demand.

That is practically what I said. Proceeding, he said that in the first place Dublin would not give them a supply unless they came with their hats in their hands, which they refused to do; but they now had a supply capable of supplying a town three times its size. Rathmines, which lay to the south of Dublin, had been in existence since 1847, and it consisted of some 7,000 or 8,000 inhabitants, who found themselves excluded from everything a populous community required. They got themselves formed into a township, and since then adjoining communities had grown up and got themselves added, till now the township numbered about 35,000, with a valuation, he was told, of over £160,000. Pembroke, a large district beside it, was formed into a township, and in 1877 the two joined, and, under Act of Parliament, carried out a joint drainage scheme, whilst Dublin was still polluting the river and making it a perfect scandal. This particular district, which did not join the city, but was in the county of Dublin, grew up till now it had about 5,000 inhabitants and 1,000 occupied houses, with not one single attempt at drainage and without anything in the nature of any system which should serve a populous community. They applied first to the guardians, who prior to the Act of 1898 were the sanitary authority, and then to the district council to do something for them, but not one single step had been taken to do anything, and ultimately, in self-defence,—and he could not blame them—somebody made an opening in the Eathmines and Rathgar main drainage which was absolutely independent of the Corporation of Dublin, and was constructed at a cost of £100,000. The Rathgar Main Drainage Board then applied for and obtained an injunction, but so convinced were they of the necessity of some drainage for the district that from that day, some five years ago, to this they had never put their injunction in force. Everybody knew that it would inflict such a gross injustice and hardship upon the people of the district that they did not attempt to stop it. It would be a source of danger for them to be left in their undrained state; and therefore what they asked was that the injunction should be dissolved, or that, notwithstanding it, the Bill should be allowed to pass, and the little field, consisting of about 500 acres, should be annexed to Rathmines. They got some supply of water from Dublin, and there was an arrangement that they should pay for the pipes, but the corporation found out afterwards that this would not work, and they allowed it to be worked out by giving a reduction in the price for a considerable time. There ought, however, to be some regularity as to streets, for at present anyone could put up buildings at their own will and pleasure, and there were a great many matters both as to frontage lines, material, and mode of construction requiring attention. Then there was no means of lighting the place. The hon. Member submitted that inhabitants representing five-sixths of the valuation of the place were in favour of its being taken over. Rathmines wanted to protect itself, to protect the people who lived in this little district, to take them over and form them into part of a good, well-managed, and well cared-for township. The drainage of the Liffey had already cost about £350,000, and would probably cost in the end over £500,000. If the House was satisfied that there was matter here which did not affect the principle, which hon. Members were not now in a position to determine, and which could be examined into by a Committee, with the view to justice being done to all parties, he would respectfully ask that the Bill should be read a second time and sent to a Committee. If the Corporation of Dublin had all the grievances which were suggested, they would be able to bring them before the Committee if they could prove a locus. All that the promoters asked, and this showed the strength of their position, was that the Bill should go to a Committee, and that it should not be stopped now.

said this was a matter of certain importance, and he thought it right that he should, on behalf of the Government, express their view on the position. He did not at all express any opinion one way or the other on the merits or the demerits of the scheme put, forward by the promoters of the Bill. The question was what was right and proper to be done in the circumstances. There was no assertion that had been made on the opposite side of the House which had not been traversed on his side, and there was no assertion made on his side which had not been traversed on the opposite side, and the result was that the House was absolutely incapable of coming to a conclusion in the matter. In that state of matters what would be the natural course to take? [NATIONALIST cries of "Home Rule."] If Home Rule were in operation, there would not lie two disagreeing parties, but there would probably be five. [A NATIONALIST MEMBER: You have five in the Tory Party already.] Was it not common-sense and reason that, inasmuch as the House was absolutely unable to decide between the conflicting claims and objections on different sides, the Bill should go to the recognised tribunal where things could be investigated. The hon. Member who moved the rejection of the Bill praised the local body in whose administrative jurisdiction this unfortunate district was placed. He said that the District Council of Terenure was one of the best governing bodies if they left out the question of lighting, sewers, and water.

said he understood the hon. Gentleman to say so, but if he did not say it he might have said it. The local body had not supplied this district with light, sewers, or water. In order to get rid of its sewage it had to poach on its neighbour and deliver sewage against the law into the drains in another county. It was absurd to ask the House to decide between the parties, and, therefore, the only intervention he made on behalf of the Government was to say that in the present state of controversy this was a matter which should go to a tribunal which would be able to investigate the circumstances as they affected the Corporation of Dublin and the local body.

said if the speech which the right hon. Gentleman had just delivered was a specimen of the rigid impartiality of mind which the Government had on this question he and his friends looked with considerable anxiety to the time when he should speak as a partisan. The right hon. Gentleman had spoken on this question as if the Government had really no responsibility. A Joint Committee of the House of Commons and the House of Lords considered the question of the relations between Rathmines, Pembroke, and the City of Dublin some years ago, and the right hon. Gentleman, who occupied the same position then as now, had forgotten that that Joint Committee made a recommendation throwing on the Government the responsibility of establishing a joint board so as to prevent the Liffey from being polluted by the discharge of crude sewage into it. The hon. Member for South Londonderry had assured the House that he had no interest in the district in question or in Rathmines.

said the hon. and learned Member did not explain to the House his reason for his warm advocacy of the Bill. The county council was opposing the Bill, and the district council which had charge of this particular district was also opposing it. Every local authority which had anything to do with the drainage of the district was opposing the Bill, except Rathmines, which proposed to take it in. How were they taking it in? Instead of coming to the House with a Bill for that special purpose, they came with an omnibus Bill, in which this was one of the proposals, and this was done deliberately so as to enable them to make out a case for having the Bill sent to a Committee. If it were simply an attempt to extend boundaries the House could consider the question whether or not there should be an extension. This, he maintained, was a dishonest way of bringing a Bill before the House of Commons. It was not a straight way of facing the question of the acquisition of this district. The opposition of the Corporation of Dublin to the Bill was two-fold. First of all they said they were the water authority for the district proposed to be added. Since 1872 the corporation had had a contract with the district for the supply of water, and the contract was so favourable to the district that the corporation was bound to supply water at the price at which it was supplied to the city itself. He was not sure but that the corporation could bring an action for an injunction against the Rathmines Commissioners for employing the borough funds in the promotion of a water scheme where a water scheme already existed, for the Commissioners were prohibited from employing the borough funds in competing with the water authority of the district. These Commissioners were using the borough funds in this matter, although they were as favourably situated as regards water as they possibly could be. The water pipes in the district were the property of Dublin Corporation, and the corporation paid rates to the district council in respect of the pipes. As to the question of sewage, the hon. and learned Member opposite pointed out to the House that an injunction was obtained against the people of the district to prevent them from draining into the Rathmines sewers, but he forgot to tell the House what was the case made in favour of the injunction, namely, that the Rathmines drains were not sufficient to take any more sewage. That was the ground on which the injunction was obtained, and now because they were prepared to annex the district the Commissioners were willing to put themselves to inconvenience in order to collar the rates of the district. Now they were going to turn the storm water in one direction and the sewage in another, and take in the district. Up to the present time the River Liffey had been an open sewer, but the Corporation were now expending £500,000 in preventing the pollution of the river, but at the time when this was being done the Rathmines and Rathgar authority and the Pembroke district had a system of drainage which was delivering into the river crude sewage. In 1900 a Committee of the House of Lords reported that they did not see their way to add the two districts of Pembroke and Rathmines to the City of Dublin, but they came to the unanimous conclusion that it would be a public advantage to have one administrative control of the drainage and the treatment of sewage for Dublin and the two townships. The Committee recommended that legislative steps should be taken to constitute a joint district board for the City and Rathmines and Pembroke. When the Bill was reported to the House, Lord Shuttle worth expressed the hope that the Government would consider that recommendation. The Government had not dealt with the question, and the corporation had only delayed until their system of main drainage should be completed in order that they might promote a Bill. That system would not be completed until next June, when they hoped that the whole scheme of the City of Dublin would be in order. Then it was the intention of the corporation to promote a Bill for the establishment of the joint board suggested by the Committee. He hoped the House would give the corporation fair play by rejecting this Bill.

said that it was perfectly plain that the real opposition to the Bill came from the Corporation of Dublin; and that there was very considerable doubt as to whether that corporation had a locus. An offer was made to be Dublin Corporation that if they withdrew their opposition to the Second Reading the opposition to their having a locus would be withdrawn.

said that that statement was calculated to deceive the House. There were five or six other parties opposing the Second Reading.

said he apologised if he had been led into a mistake. He believed that it was the wish of the House that if this Bill or any other Bill had merits it should be allowed to pass. Hon. Gentlemen opposite desired to prevent the House from ever getting to a discussion on the merits, but no real reason had been shown why the Second Reading should not be passed and the Bill sent upstairs for consideration and adjustment on its merits in Committee. The opposition, he contended, had been determined mainly by political motives, and he hoped that the House would defeat this attempt to deprive the people of Rathmines and Rathgar of the opportunity of presenting the merits of the case before the Committee upstairs.

said he had been asked by the Rathmines Town Commissioners to support the Bill, and by the Dublin Corporation to oppose it. He had declined to put his name on the back of the Bill, or to say what he would do before he had heard the debate. Nobody would be able to say that he had been retained either by the Dublin Corporation or by Rathmines. Two years ago he had given his strongest support to the annexation of Rathmines by Dublin, and it would have been done but for political feeling on both sides. After listening to the debate that evening, and with no prejudice in favour of Rathmines, but rather the contrary, he would not undertake the responsibility of doing anything to prevent the Bill going upstairs to a Committee.

Question put.

AYES

Acland-Hood, Capt. Sir Alex. F.Freeman-Thomas, Captain F.Muntz, Sir Plillip A.
Agnew, Sir Andrew NoelGardner, ErnestMurray, Charles J. (Coventry)
Allen, Charles P.Garfit, WilliamMyers, William Henry
Anson, Sir William ReynellGodson, Sir Augustus FrederickNicholson, William Graham
Arkwright, John StanhopeGordon,Hn J.E.(Elgin & Nairn)Palmer, Sir Walter (Salisbury)
Arnold-Forster,Rt Hn.HughO.Goulding, Edward AlfredParkes, Ebenezer
Arrol, Sir WilliamGreen, Walford D (WednesburyPease Herbert Pike(Darlington
Atkinson, Rt. Hon. JohnGreene, Sir EW(B'rySEdm'ndsPeel, Hn. Wm.RobertWellesley
Aubrey-Fletcher, RtHon. SirH.Greene, Henry D. (Shrewsbury)Percy, Earl
Bailey, James (Walworth)Greene, W. Raymond (Cambs.Pilkington, Colonel Richard
Bain, Colonel James RobertGrenfell, William HenryPlatt-Higgins, Frederick
Balcarres, LordGretton, JohnPowell, Sir Francis Sharp
Balfour, Rt Hon.A.J. (Manch'rHain, EdwardPretyman, Ernest George
Balfour, RtHnGerald W(LeedsHambro, Charles EricPryce-Jones, Lt.-Col. Edward
Balfour, Kenneth R. (Christch.Hamilton,Marq.of( L'nd'nderryPurvis, Robert
Banbury, Sir Frederick GeorgeHardy, Laurence(Kent,AshfordRandles, John S.
Banner, John S. Harmood-Hare, Thomas LeighRasch, Sir Frederic Carne
Bhownaggree, Sir M. M.Harris, F. Leverton(Tynem'th)Ratclitf, R. F.
Bignold, Sir ArthurHeath, Arthur Howard (HanleyReid, James (Greenock)
Bigwood, JamesHeath, SirJames(Staffords, NWRemnant, James Farquharson
Bill, CharlesHelder, AugustusRoberts, John H. (Denbighs.)
Bingham, LordHenderson, Sir A (Stafford. W.)Robertson, Herbert (Hackney)
Blundell, Colonel HenryHermon-Hodge, Sir Robert T.Robinson, Brooke
Brassey, AlbertHope, J.F.(Sheffield, BrightsideRolleston, Sir John F. L.
Brodrick, Rt. Hon. St. JohnHoult, JosephRopner, Colonel Sir Robert
Bull, William JamesHozier, Hon JamesHenry CecilRound, Rt. Hon. James
Butcher, John GeorgeHunt, RowlandRussell, T. W.
Carson, Rt. Hon. Sir Edw. H.Hutton, John (Yorks. N.R.)Rutherford, John (Lancashire)
Cavendish. V.C.W (DerbyshireJeffreys, Rt. Hon Arthur FredRutherford, W. W. (Liverpool)
Cawley, FrederickKennaway, Rt. Hon. SirJohn H.Sackville, Col. S. G. Stopford
Cecil, Evelyn (Aston Manor)Kenyon-Slaney.Rt.Hon.Col.WSadler, Col. Samuel Alexander
Chamberlain, RtHn.J.A(Worc.Kerr, JohnSamuel, Herbert L. (Cleveland)
Channing, Francis AllstonKnowles, Sir LeesSassoon, Sir Edward Albert
Chapman, EdwardLaw, Andrew Bonar (Glasgow)Sharpe, William Edward T.
Cheetham, John FrederickLawrence, Wm. F. (Liverpool)Skewes-Cox, Thomas
Clive, Captain Percy A.Lawson, Hn. H.L.W. (Mile End)Sloan, Thomas Henry
Cochrane, Hon. Thos. H.A.E.Lawson, J. Grant, (Yorks, N.RSmith, Hon. W. F. D. (Strand)
Colomb, Rt Hon. Sir John C. RLawson, Sir Wilfrid (Cornwall)Spear, John Ward
Colston, Chas. Edw. H. AtholeLayland-Barratt, FrancisStanley, Rt. Hon. Lord (Lancs.)
Cook, Sir Frederick LucasLee, ArthurH.(Hants.FarehamStewart, Sir Mark J M'Taggart
Corbett, A. Cameron (Glasgow)Legge, Col. Hon. HeneageStock, James Henry
Corbett, T. L. (Down, North)Leveson-Gower, Frederick N.S.Stone, Sir Benjamin
Craig, Charles Curtis(Antrim,S.Llewellyn, Evan HenryStroyan, John
Cripps, Charles AlfredLong, Col. Charles W(EveshamStrutt, Hon. Charles Hedley
Cross, Alexander (Glasgow)Long,Rt.Hn.Walter(Bristol S)Talbot, Lord E. (Chichester)
Crossley, Rt. Hon. Sir SavileLonsdale, John BrownleeTennant, Harold John
Dalrymple, Sir CharlesLowther, Rt HnJW(Cum.Penr.Thorburn, Sir Walter
Davenport, William BromleyLucas, Col. Francis (LowestoftThornton, Percy M.
Dickinson, Robert EdmondLucas, ReginaldJ(Portsmouth)Tollemache, Henry James
Disraeli, Coningsby RalphLyell, Charles HenryTomlinson, Sir Wm. Edw. M.
Dorington. Rt Hon. Sir John E.Lyttelton, Rt. Hon. AlfredTritton, Charles Ernest
Doughty, Sir GeorgeMacdona, John CummingTuff, Charles
Douglas, Rt. Hon. A. AkersMacIver, David (Liverpool)Tuke, Sir John Batty
Doxford, Sir William TheodoreMaconochie, A. W.Tnrnour, Viscount
Dyke, Rt. Hon.SirWilliam HartM'Arthur, Charles (LiverpoolValentia, Viscount
Faber, Edmund B. (Hants, W.M'Calmont. Colonel JamesWalrond, Rt. HnSir William H.
Fellowes, Hon Ailwyn EdwardMajendie, James A. H.Warde, Colonel C. E.
Fergusson, Rt Hn.SirJ.(Manc'rMarks, Harry HananelWebb, Colonel William George
Fielden, Edward BrocklehurstMartin, Richard BiddulphWentworth, Bruce C. Vernon
Finch, Rt. Hon. George H.Massey-Mainwaring. Hn. W.F.White, George (Norfolk)
Finlay, Sir R. B(Inv'rn'ssB'ghs)Maxwell,W.J H(DumfriesshireWhite, Luke (York, E. R.)
Fisher, Williams HayesMildmay, Francis BinghamWhiteley, H.(Ashton und Lyne
FitzGerald, Sir Robert PenroseMontagu, Hon.J.Scott (Hants.)Williams, Colonel R. (Dorset)
Flannery, Sir FortescueMorgan, DavidJ (WalthamstowWilloughby de Eresby, Lord
Flower, Sir ErnestMorrell, George HerbertWilson, A. Stanley,(York E.R.)
Forster, Henry WilliamMorton, Arthur H. AylmerWilson, John (Glasgow)
Foster, Philip S.(WarwickS.W.Mount, William ArthurWilson-Todd, SirW.H. (Yorks.)

The House divided—Ayes, 207; Noes, 147, (Division List No. 37.)

Wodehouse, Rt. Hn. E. R. (BathWrightson, Sir ThomasTELLERS FOR THE AYES—
Wolff, Gustav WilhelmWylie, AlexanderMr. John Gordon and Mr.
Worsley-Taylor, Henry WilsonYerburgh, Robert ArmstrongMoore.

NOES.

Abraham, William (Cork, N. E.)Harrington, TimothyPirie, Duncan V.
Abraham, William (RhonddaHayden, John PatrickPower, Patrick Joseph
Ambrose, RobertHemphill, Rt. Hon. Charles H.Reddy, M.
Ashton, Thomas GairHenderson, Arthur (Durham)Redmond, John E. (Waterford)
Asquith,Rt.Hn Herbert HenryHigham, John SharpeRichards,Thomas (W Monm'th
Barry, E. (Cork, S.)Hope, John Deans (Fife, West)Rickett, J. Compton
Beaumont, Wentworth C. B.Horniman, Frederick JohnRoberts, John Bryn (Eifion)
Bell, RichardHutchinson, Dr.Charles Fredk.Robson, William Snowdon
Benn, John WilliamsJohnson, JohnRoche, John
Black, Alexander WilliamJones, Leif (Appleby)Roe, Sir Thomas
Blake, EdwardJones, William (CarnarvonshireRollit, Sir Albert Kaye
Boland, JohnJoyce, MichaelRose, Charles Day
Bolton, Thomas DollingKennedy, Vincent P. (Cavan, WRunciman, Walter
Brigg, JohnKilbride, DenisSchwann, Charles E.
Bright, Allan HeywoodLabouchere, HenrySeely, Maj. J. B. E (Isle of Wight
Broadhurst, HenryLamont, NormanShackleton, David James
Burke, E. HavilandLangley, BattySheehan, Daniel Daniel
Buxton, Sydney CharlesLaw, Hugh Alex. (Donegal, W.)Sheehy, David
Caldwell, JamesLevy, MauriceShipman, Dr. John G.
Campbell, John (Armagh, S.)Lewis, John HerbertSinclair, John (Forfarshire
Carvill, Patrick Geo. HamiltonLundon, W.Sinclair, Louis (Bomford)
Causton, Richard KnightMacnamara, Dr. Thomas J.Slack, John Bamford
Churchill, Winston SpencerMacNeill, John Gordon SwiftSoares, Ernest J.
Clancy, John JosephMacVeagh, JeremiahSpencer, Rt. Hn. C. R (Northants
Condon, Thomas JosephM'Crae, GeorgeStevenson, Francis S.
Crean, EugeneM'Hugh, Patrick A.Strachey, Sir Edward
Cremer, William RandalM'Kean, JohnSullivan, Donal
Cullinan, J.M'Killop, W. (Sligo, North)Taylor, Theodore C. (Radcliffe)
Dalziel, James HenryMarkham, Arthur BasilThomas, David Alfred (Merthyr
Davies, Alfred (Carmarthen)Morgan, J. Lloyd (Carmarthen)Thomas, J A (Glamorgan,Gower
Delany, WilliamMoss, SamuelThomson, F. W. (York, W. R.)
Devlin, CharlesRamsay (GalwayMoulton, John FletcherTomkinson, James
Devlin, Joseph (Kilkenny, N.)Murphy, JohnTrevelyan, Charles Philips
Dilke, Rt. Hon. Sir CharlesNolan, Joseph (Louth, South)Walton, Joseph (Barnsley)
Doogan, P. C.Nussey, Thomas WillansWarner, Thomas Courtenay T.
Douglas Charles M. (Lanark)O'Brien, Kendal (Tipperary,MidWason, Eugene (Clackmannan
Edwards, FrankO'Brien, Patrick (Kilkenny)Wason, John Cathcart (Orkney)
Ellis, John Edward (Notts.)O'Brien, P. J. (Tipperary, N.)Weir, James Galloway
Emmott, AlfredO'Connor, James (Wicklow, W.)Whiteley, George (York, W. R.
Esmonde, Sir ThomasO'Connor, John (Kildare, N.)Whitley, J. H. (Halifax)
Farrell, James PatrickO'Connor, T. P. (Liverpool)Whittaker, Thomas Palmer
Fen wick, CharlesO'Donnell, John (Mayo, S.)Wills, Arthur Walters (N Dorset
Field, WilliamO'Dowd, JohnWilson, John (Durham, Mid.)
Findlay, Alexander (Lanark, NEO'Kelly, Conor (Mayo, N.)Woodhouse, Sir JT (Huddersf'd
Flynn, James ChristopherO'Kelly, James (Roscommon, N.Young, Samuel
Fuller, J. M. F.O'Malley, William
Gilhooly, JamesO'Mara, JamesTELLERS FOR THE NOES—
Gladstone, Rt. Hn HerbertJohnO'Shaughnessy, P. J.Mr. Mooney and Mr. Nannetti
Goddard, Daniel FordParrott, William
Hammond, JohnPartington, Oswald
Hardie, J. Keir (MerthyrTydvil)Pease, J A. (Saffron Walden)

Main Question put, and agreed to.

Bill read a second time, and committed.

Supply

Considered in Committee.

(In the Committee.)

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

Civil Services Supplementary Estimates, 1904–5

Class Iii

Motion made, and Question proposed, "That a Supplementary sum, not exceeding £12,000, be granted to His Majesty, to defray the Charge which will come in course of payment during the year ending March 31st, 1905, for the Salaries and Expenses of the Departments of the Solicitor for the Affairs of His Majesty's Treasury, King's Proctor, and Director of Public Prosecutions, the Cost of Prosecutions, and other Legal Proceedings."

, said that the first item of this Vote, BB., was £3,500 which it was stated, in a note on the Paper, was a sum for the repayment of the expenses of the prosecution of Whitaker Wright, in addition to £2,000 already voted, making in all a total of £5,500 required for that purpose. He did not know what arrangement had been made by the Government with the gentleman who undertook the prosecution, but what he did remember was that the Attorney-General was frequently pressed in the House to undertake that prosecution and that the hon. and learned Gentleman stated that, in his opinion, it was not a case likely to prove successful. Therefore it had been left to private individuals, on their own initiative, to bring the case into the Courts of justice. When it was remembered that the Attorney-General received a salary of £7,000, and in addition fees to the amount of £12,921, he thought it was a pity that they should be called upon to pay £5,500 for legal proceedings which ought to have been undertaken by the law officers of the Crown. In order to make a protest against the way in which this matter had been mismanaged he moved to reduce the item by £1,000.

Motion made, and Question proposed, "That Item BB (Criminal Prosecutions

not undertaken by the Director of Public Prosecutions) be reduced by £1,000."—( Mr. Whitley.)

said it was rather more than a year since he had the opportunity, in the debate on the Address, of stating very fully the grounds on which he came to the conclusion, after taking the best advice and after full consideration of all the circumstances, that this prosecution should not be undertaken by the Director of Public Prosecutions. The hon. Gentleman had said it might be a question whether these costs should be paid in view of the fact that the Director of Public Prosecutions ought to have undertaken the prosecution. Might he point out that a large part of these costs would have been incurred even if the Director of Public Prosecutions had undertaken the prosecution? The only difference would have been that the fees for counsel, instead of going into the pockets of the gentlemen who did conduct the prosecution, would have gone into the pockets of those very much underpaid officials, the law officers of the Crown. [OPPOSITION cries of "Oh!"] Under these circumstances, he hoped the hon. Gentleman would not object to the Vote after the order made by the Judge, so that the costs of the prosecution, which would be fully taxed, should not fall on the shoulders of private individuals.

said that the Committee were thoroughly dissatisfied with this wretched business; and he hoped his hon. friend would take a division. As to the Attorney-General being underpaid, many eminent lawyers would be glad to do the work for less.

said he thought a public apology was due from the Attorney-General, and also that other legal luminary, the Solicitor-General.

said he had nothing to apologise for.

said although the Solicitor-General might not apologise, he would have heard a great deal more of the case if Gentlemen above the gangway had discharged the duty of criticising the Government which primarily devolved on them. It was all very well for officials to talk in a tone of levity with regard to their fees; but their enormous salaries were no laughing matter for the taxpayers. It was a, public scandal that the right hon. Gentleman had no explanation to offer the Committee for an obvious failure in his official duties. But for the public spirit of private individuals this infamous scandal would not have been exposed. This prince of swindlers blasted the career of one of the most brilliant Irishmen of his generation, whose latter days were shaded and darkened by the misery brought upon him. Yet, apparently, the legal luminaries on the Treasury bench were unable to prosecute him; and he hoped that a division would be taken as a protest against the manner in which they discharged their duties. In times like the present, with a shilling income-tax and extra duties on tea and sugar, it was no light matter to be paying enormous salaries to the law officers. He charged Gentlemen above the gangway, with a few honourable exceptions, with an absolute abandonment of their duty as critics of the Government, which they said should be turned out.

said that the Attorney-General stated that he decided not to prosecute Whitaker Wright after taking the best advice he possibly could. To whom did the right hon. Gentleman apply for advice?

said the responsibility for every decision rested with him alone; but he had the opportunity of consulting with and discussing these matters with the Director of Public Prosecutions, the experienced gentlemen who acted for the Treasury, and, above all, the Solicitor-General.

said that the Solicitor-General stated in the House that it would be impossible, in his opinion, to prosecute Whitaker Wright successfully.

said what he stated was that in his opinion the evidence did not bring Whitaker Wright within the statute.

said the expression of the right hon. Gentleman was that under the existing law it would be impossible to prosecute Whitaker Wright. That duty then involved on private individuals, and he desired to know whether they would be recompensed for performing a duty which ought to have been performed by the law officers, or whether these men would be ruined.

said the costs of the prosecution would be taxed and would then be paid out of the money voted by the House.

said it was important to know who would pay the costs beyond the taxed costs, which would probably be very considerable. The Attorney-General stated that he had consulted the Public Prosecutor. Was not the reason why the Public Prosecutor was so very slow in advising prosecutions owing to the fact that he was treated almost as a criminal by the Treasury if he did not obtain a verdict?

said any man would be criminal on £20,000 a year. He would suggest that the Treasury should not take the line to which he referred. They could never be sure of a verdict; he knew that from his own experience, and had suffered for it. The Treasury should accept the fact that they might lose: and if they did, they should not complain about it. In regard to companies, it was very essential in the public interest that the law officers should prosecute when they thought there was a fair case. In most companies many of the shareholders were poor, and would not incur the risk of a prosecution. That was the reason why the Treasury should prosecute, and not object when they did not get a verdict. A few years ago there was a change in the manner in which the law officers were paid. They were then told that the new method would be cheaper. He would ask the Attorney-General whether, taking year in and year out, that had been the case.

said he would not have intervened in the discussion were it not for the highhanded manner in which the Solicitor-General had treated the Committee. He had nothing but praise and admiration for the manner in which the Committee had been treated by the Attorney-General; and for his support of an Estimate for an amount of money which was rightly to be refunded to those who, at the risk of the remnant of their property, determined to see justice done. He was present in Court when the application was made by the hon. and learned Member for Reading and when Mr. Justice Buckley gave his decision. Previous to that learned decision of that very learned Judge he had read with amazement, because he had some knowledge of similar proceedings in another remarkable case, the statement of the Solicitor-General. He read that statement in the light of his knowledge of the Larceny Act, under which the prosecution was eventually brought; and he thought, in his humble judgment, that the conclusion of the right hon. Gentleman was not correct. When he, listened to the decision of Mr. Justice Buckley, with all the respect due to any utterance from such a learned source, he could not help thinking that the judgment was given with a view of letting down the law officers of the Crown as lightly as possible, while at the same time it maintained the public rights that were at stake and which ought to have been asserted by the law officers. To oppose the Vote would be an illogical proceeding; but he thought that the Committee was entitled, if not to an apology from the Solicitor-General, at least to an explanation. The right hon. Gentleman ought to demean himself respectfully to the Committee. Other men as good as he had made mistakes in their professional career; they were all prone to make mistakes; and he did not think it would detract from the dignity of the right hon. Gentleman's position, which he so worthily and brilliantly filled, if he made an explanation in respect of this prosecution.

said if he interpreted the view of the Committee accurately it was their desire, if possible, to bury this unfortunate and wretched business. So far as Whitaker Wright was personally concerned, he had paid the penalty with his life; and he thought the matter might be allowed to rest as far as he was concerned. A very important point was, however, raised by this proposal. He thought the Committee were unanimous in their sympathy with those who instituted the proceedings; but the point which he wished to bring before the Committee was the importance of the precedent they were setting if they passed this Vote. Was it to be the case in future that any private individual could institute a prosecution and rely on the Treasury to pay his expenses if he were successful? That was really the point raised by the Vote. He wished to know what there was in the Whitaker Wright prosecution that induced the Treasury to pay the expenses of the private prosecutors. There were, in his opinion, only two explanations. The first and obvious one was that the Treasury admitted that the law officers had made a mistake in not undertaking responsibility for the prosecution. So far as he was concerned, he did not profess to be able to judge whether the law officers were right in their action or not. He did not know what evidence they had before them; but he did not think that anyone would suggest that they were actuated by any private considerations. He had no doubt that their decision was arrived at dispassionately. The important point, however, was why the Treasury sanctioned this Vote. Surely it was not because the prosecution was successful. Had it failed, would there have been a Vote before the Committee for the expenses? He ventured to say that the Committee would have laughed at any such proposal, and that the law officers or the Treasury would never have consented to pay the expenses of a private prosecution had it been unsuccessful. Therefore, the Committee ought to be given some explanation. The obvious interpretation was that the law officers admitted that they had made a mistake. Otherwise, it was a Vote given entirely because of sympathy with the public feeling which was created by the unfortunate crash caused by the Whitaker Wright collapse. He did not object to the money being given to these private prosecutors; but they would be establishing a precedent which would have a far-reaching effect. How were they going to distinguish between cases of this kind? In future, according to this precedent, it would be open to form a private prosecution committee, and to prosecute any person, and if the prosecution were successful they would have a claim on the Treasury. If that were not the case, why was this particular instance singled out from all similar prosecutions.

said that he had no desire to rake up the evil memories associated with Whitaker Wright; but during his short experience in the House he had never listened to a more cavalier answer given by a Minister than that which they had heard from the Solicitor-General. He told the House he would not apologise for what everyone admitted was a gross dereliction of duty.

If I had been guilty of any dereliction of duty, I most certainly should not only have apologised, but should not have continued to hold my office. I exercised my judgment honestly according to the best of my ability, and that is all any law officer can do.

said the right hon. Gentleman was the only Minister who had sat on the Treasury Bench who would resign for a dereliction of duty. He was delighted that one of his own countrymen was the first to recognise the position. The right hon. Gentleman was not only a law officer of the Crown; he had been the chief apostle in the campaign of slander against Sir Antony MacDonnell, and in fomenting opposition to one of his own colleagues in the Cabinet.

said he only gave it as a reason why the right hon. Gentleman had not time to examine into the Whitaker Wright case. He accepted the ruling of the Chair, and recognised that even if that were the reason, he had no right to discuss it. As one of his hon. friends pointed out, the law officers were placed in a position to enable them to give all their time to the legal business of the Government, and apply their master minds to cases which concerned millions of money belonging to the people of this country. Here was a case where millions of money were swindled away, but the right hon. Gentleman airily passed the case aside until a Judge on the bench had to tell him what his duty was. Some philanthropists on that side of the House stated that the Vote should pass because private individuals should riot be put to the expense of this prosecution. The law officers had, however, salaries amounting to £32,100; they must admit that they had made a mistake; and he would suggest to them that they should pay the costs out of their salaries, and, in that way, relieve the public from expenditure entirely incurred through their ignorance. He was inclined at first to think that it was a sense of chivalry of a high constitutional lawyer that inspired the mind of the Solicitor-General. Then he remembered that the right hon. Gentleman was a coercion prosecutor in. Ireland, and that he prosecuted Members of Parliament and sent them to prison. He could not, therefore, understand why the right hon. Gentleman had displayed so much squeamishness in connection with the Whitaker Wright prosecution. He did not suppose, however, that his suggestion would be accepted, especially in view of the fact that the salaries were not likely to last long.

said the Treasury had already paid a sum, though perhaps not a very large sum, in addition to the taxed costs to the persons responsible for the prosecution. As to the reasons why the prosecution was not undertaken by the Attorney-General, the matter had been fully dealt with on a previous occasion, and he had nothing to add to what was then said.

said that possibly the hon. Gentleman did not hear the point he raised. What he wanted was an answer to the question what were the considerations which induced the Treasury to depart in this case from their well-established rule that they should not pay the costs in a private prosecution. Was it because the Treasury were convinced that a mistake had been made by the law officers? Or was it because of the public interest which had been created? If it was for neither of those reasons, was it because the Treasury had so much money at their disposal that they thought they might pay these costs out of their own funds? This was a Treasury matter, and he thought the Committee were entitled to a full explanation from the representative of the Treasury, who doubtless had the whole of the facts at his finger ends.

said his learned friend the Attorney-General had already fully stated the reasons why he had advised the Treasury to pay the costs, and it was on that advice that the Treasury had acted.

said the Committee would recollect that this case was the subject of a great deal of consideration in February of last year. The precise point which he had to determine was whether the prosecution should be undertaken in the name of the Director of Public Prosecutions. The Solicitor-General was in no sense responsible for the decision which had been come to on that point. The responsibility rested with him, and with him alone. But it seemed to be the general desire of the House, when the matter was under discussion a year ago, that the costs of this private prosecution should be borne by the Treasury, and therefore the Treasury, with his full concurrence, decided to pay the costs. In these circumstances he submitted it would be a little hard were the Committee now to go back upon their decision.

said there must be a great many other cases similar to this though they were not so well known. They wished to know on what particular ground this case was differentiated from other similar cases. There must be some rule or definite principle laid down to justify a departure from well - established precedent, and his hon. friend desired to know what that rule or principle was.

said he was one of those who, when this matter of Whitaker Wright's prosecution was first under discussion, ventured to differ from the opinion expressed by the Attorney and Solicitor-General. There was no question whatever of any dereliction of duty, but he thought the law officers attached too much importance to one principle in their examination of the case, and in their view of the duty of the Public Prosecutor—and that was that there should be, as he understood them to say, some certainty of conviction. He very much questioned that as a principle in the administration of the criminal law at all; in a criminal prosecution the objective ought not to be victory, but truth. The first step in such proceedings would be a magisterial investigation, and if it was then found that an ultimate conviction was improbable there might not be a committal for trial, or the proceedings need not be continued. The fear of a public investigation was a deterrent influence, and one chief object of the appointment of the Public Prosecutor. In this case such an investigation was, in any event, as he had said at the time, fortifying his opinion by references to the statutes under which Wright was ultimately convicted, absolutely necessary, and he was glad the result had been to assert the rights and vindicate the wrongs of many people who had been greatly injured. He thought the law officers had given very proper advice in suggesting the payment of full costs to those who had undertaken the risk and responsibility of instituting the prosecution, with the authority of the learned Judge who authorised it, by which means justice was done and the law vindicated.

congratulated the hon. Member for South Islington on having proved himself a better and greater lawyer than either of the law officers of the Crown. In this matter the House of Commons had not been treated fairly or even respectfully. In 1903 an Amendment to the Address was moved by the hon. Member for South Molton calling attention to this case, and the Government escaped defeat by the skin of their teeth only on the solemn pledge of the Prime Minister that he would introduce legislation to remedy the alleged defect in the law. Down to the present time no remedial legislation whatever had been brought forward. As a matter of fact it was unnecessary, as Mr. Whitaker Wright was prosecuted and convicted under the existing law. In both 1903 and 1904 the "guillotine" was so worked as to prevent discussion on the salaries of the law officers, and thus to silence the House of Commons in regard to their action in the matter. In 1904 an Amendment was again put down to the Address, but before it could be moved some of the respectabilities above the gangway on the Opposition side of the House asked a question in reply to which the Attorney-General made an ex parte statement on which he could not be cross-examined. Why was there a "put up" Question and Answer to prevent discussion? Seeing that the Prime Minister promised legislation to deal with the matter, he thought the right hon. Gentleman's absence on the present occasion most questionable.

said the House ought to have a plain Answer to the Question upon what grounds the Treasury abandoned their established practice of refusing to pay for a private prosecution. The Attorney-General had referred to a general feeling in the House. A general feeling to do what? Not to pay the costs of a private prosecution, but for the Treasury themselves to prosecute, and that general desire was resisted by the hon. and learned Gentleman. If the Attorney-General blundered, he should say so frankly. The Committee wanted a clear explanation from the representative of the Treasury, and in order to give the Secretary to the Treasury time to consult the Treasury records on the subject he moved to report Progress.

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

said he had already answered the Question. The Attorney-General did not think in the first place that the case was one which ought to be prosecuted, but subsequently a very strong feeling was expressed that the Government ought to have taken up the prosecution, and the Treasury thought they were only doing what was fair and proper in the circumstances in paying the costs of the prosecution. There was nothing behind the decision.

expressed his surprise that the Motion to report Progress had not been accepted by the Government. Very strong feeling had been aroused in the country over the failure of the Government to prosecute, and the matter could lot be fully discussed in the short time which had been allotted to it.

said he would have no objection to agree to the Motion, but he hoped the Treasury would be allowed to take the Vote without prolonged discussion on a subsequent occasion.

said the hon. Gentleman must understand that no condition was made on the Opposition side of the House with regard to the length of the debate.

Question puts and agreed to.

Committee report Progress; to sit again upon Monday next.

Small Arms Departments (Enfield And Sparkbrook)

on behalf of Mr. J. CHAMBERLAIN (Birmingham, W.) moved an Address for Return showing—

  • "(1) The average number of persons employed at the Small Arms Department at Enfield, and the Manufacturing Department at Sparkbrook, respectively, for each of the last ten years, 1895 to 1904, inclusive, showing separately, the number of the administrative and clerical staff and of the artisans and labourers.
  • "(2) The rate of wages paid to the principal classes of workmen at the two Departments above named, respectively.
  • "(3) The rates of sick pay, pension allowance, or bonus, at the two Departments, respectively, if they differ in any way.
  • ''(4) The price of coal at the two factories, respectively, giving, if possible, the average price per ton per annum for the same quality for the last five years.
  • "(5) The number of small arms, whether rifles or pistols, of any kind turned out in each year by the two factories, respectively.
  • "(6) The amount, expended during the years 1902–3 and 1903–4 at Sparkbrook, in the Manufacturing Department, on new buildings machinery, engines, and boilers.
  • "(7) The same for the Small Arms Department at Enfield.
  • "(8) The cost of the same class of rifle made during the last ten years at Enfield and Spark-brook respectively.
  • "(9) The amount of fixed charges, including rent, rates, and taxes, contributions to or provision for religious worship and secular instruction, depreciation on buildings and machinery, interest on capital, etc., debited to the Small Arms Department at Enfield and to the Manufacturing Department at Sparkbrook, respectively, for each of the last five years."
  • Several Hon Members Rose To Object

    said it had been ruled frequently that an unopposed Return could not be objected to merely on the ground that it was after midnight.

    asked whether it was not competent for hon. Members to ask for information with regard to a Return such as this, involving as it did public expenditure and work in various departments.

    When an hon. Member asks for information and the Government consents to give it, it has never been the practice to object. There is no reason why an exception should be made in this case.

    asked why the matter was brought before the House at all if they had no power to object.

    asked whether Members could not inquire why other particulars were not to be included in the Return.

    It is perfectly open to hon. Members if they wish for other information to ask for a further Return. Have hon. Members any substantial objection to the Return being granted?

    The Government has undertaken that responsibility. If hon. Gentlemen have any substantial objection to make to it, I will not take it now. But it must be understood that an unopposed Return cannot be objected to simply because it is after twelve o'clock.

    The Motion was then postponed.

    On the Motion that the House do now adjourn.

    asked the Patronage Secretary to the Treasury whether any hon. Gentleman had yet been appointed Chief Secretary for Ireland.

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

    I have no information to give to the House on the subject.

    asked whether anybody had yet been appointed to the Presidency of the Board of Agriculture. That Department had for some time been without a head, to the great inconvenience of hon. Members interested in questions relating to agriculture.

    reminded the right hon. Baronet that on a previous occasion he declared that no resignation had been tendered on behalf of the late Chief Secretary, whereas only three days later the Prime Minister stated that he had at last yielded to the repeated appeals of the right hon. Gentleman the Member for Dover that he might be allowed to resign his office. The right hon. Baronet gave a very emphatic denial on the occasion in question. He ventured to think that such an answer did not show that regard for the facts which the House desired to see in one holding so responsible a position.

    said he could quite understand the natural impatience of the hon. Member for Oldham at not having yet received a letter from the Prime Minister offering him an office in His Majesty's Government. He strongly repudiated any imputation upon his good faith. He had given the House all the information he possessed. As to the Presidency of the Board of Agriculture, he was not in a position to give any information.

    said he had no desire to make any imputation upon the good faith of the right hon. Baronet, but he certainly did make an imputation as to the accuracy of his facts.

    called attention to the habitual absence of the Prime Minister from the debates in the House. Disraeli, Gladstone, Smith, and Harcourt, gentlemen who knew what was due to the House of Commons, were always in their places until the rising of the House so as to be able to answer any Questions that might arise. The present Leader of the House, however, whenever he knew a question was to be raised, beat a strategic retreat. That was a pretty position for the Prime Minister to occupy, and he thought it did not show that respect to which the House of Commons was entitled.

    Adjourned at sixteen minutes after Twelve o'clock.