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Commons Chamber

Volume 160: debated on Monday 9 July 1906

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House Of Commons

Monday, 9th July, 1906.

The House met at a quarter before Three of the Clock.

Private Bill Business

Dowlais Gas Bill; Epsom and Ewell Gas Bill; Waterford Corporation and Bridge Bill. Lords Amendments considered, and agreed to.

Dover Corporation Bill [Lords]. Read the third time, and passed, without Amendment.

London and North Western Railway Bill [Lords] (King's Consent signified). Bill read the third time, and passed, with Amendments.

South Lincolnshire Water Bill. As amended, considered. Ordered, That Standing Orders 223 and 243 be suspended, and that the Bill be now read the third time.—( The Chairman of Ways and Means.)

Bill accordingly read the third time, and passed.

Sutton District Water Bill. As amended, considered; to be read the third time.

Lord Tredegar's Supplemental Estate Bill [Lords]. Read a second time and committed.

Kent Electric Power Bill [Lords] (by Order). Read a second time and committed.

Rutherglen Burgh Order Confirmation Bill. Read a second time and committed.

Private Bills (Group I)

Mr. TOULMIN reported from the Committee on Group I of Provisional Orders Confirmation Bills; That, for the convenience of parties, the Committee had further adjourned till Thursday, at half-past Eleven of the clock.

Report to lie upon the Table.

Message From The Lords

That they have agreed to—South Suburban Gas Bill, without Amendment.

Dublin, Wicklow, and Wexford Railway Bill, with Amendments.

Amendments to: Bury Corporation Bill [Lords]; Hull and Barnsley Railway (Steam Vessels) Bill [Lords], without Amendment.

That they have passed a Bill, intituled, " An Act to authorise the construction of certain new works for improving the harbour of Dover; the abandonment of certain authorised works by the Dover Harbour Board; and for other purposes." [Dover Harbour (Works, etc.) Bill [Lords].

Dover Harbour (Works, etc.) Bill [Lords]. Read the first time; and referred to the Examiners of Petitions for Private Bills.

Petitions

Census Of Production Bill

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

Education (England And Wales) Bill

Petitions against. From Long Framlington; Nottingham; and, Plumtree; to lie upon the Table.

Education (England And Wales) Bill (Religious Teaching)

Petitition from Gravelly, against alteration of Law; to lie upon the Table.

Poisons And Pharmacy Bill Lords

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

Returns, Reports, Etc

Universities (Scotland) Act, 1889 (Ordinance)

Copy presented, of University Court Ordinance, No. XVI (Glasgow, No. 4) (Institution of a Degree in Science in Pharmacy) [by Act]; to lie upon the Table, and to be printed. [No. 242.]

Army (Civil Employment)

Copy presented, of Report of the Committee on Civil Employment of ex soldiers and sailors, with Minutes of Evidence and Appendix [by Command]; to lie upon the Table.

Board Of Agriculture And Fisheries (Agricultural Returns)

Copy presented, of Report on the Agricultural Returns for Great Britain, with Statistics for the United Kingdom, British Possessions, and Foreign Countries for 1905 [by Command] to lie upon the Table.

Board Of Agriculture And Fisheries

Copy presented, of Annual Report of Proceedings under the Salmon and Freshwater Fisheries Acts, & c, for the year 1905 [by Command]; to lie upon the Table.

Board Of Agriculture And Fisheries

Copy presented, of Report of the Proceedings at the Sixteenth Annual Meeting of Representatives of Authorities under the Sea Fisheries Regulation Act, 1888, June 14th, 1906 [by Command]; to lie upon the Table.

Superannuation Acts, 1859 And 1876

Copy presented, of Treasury Minute, dated July 3rd, 1906, declaring Chinanfu to be an unhealthy place within the meaning of the Superannuation Act, 1876 [by Act]; to lie upon the Table.

Gas And Waterworks Facilities Act, 1870

Copy presented, of Report by the-Board of Trade as to dispensing with consents of certain Local and Road Authorities in the case of the Mid Kent Water Provisional Order [by Act]; to lie upon the Table, and to be printed. [No. 243.]

Gas And Waterworks Facilities Act, 1870

Copy presented, of Report by the Board of Trade as to dispensing with the consent of the Chippenham Rural District Council in the case of the Corsham Gas Provisional Order [by Act]; to lie upon the Table, and to be printed. [No. 244.]

Treaty Series (No 8) 1906

Copy presented, of Accession of Columbia to the Convention, signed at Geneva, August 22nd, 1864, for the Amelioration of the condition of the wounded in Armies in the Field, June 7th, 1906 [by Command]; to lie upon the Table.

County Courts (Plaints And Sittings)

Address for " Returns from every County Court in England and Wales of the total number of Plaints, & c, entered in each Court from the 1st day of January to the 31st day of December, 1905, both days inclusive, distinguishing those not exceeding £20, those above £20 and not exceeding £50, those above £50 and not exceeding £100, and those by agreement over £100."

" And, of the Sittings of the County Courts in England and Wales holden before the Judges of such Courts in the year 1905 (in continuation of Parliamentary Paper, No. 284, of Session 1905)."—( Mr. Herbert Samuel.)

Questions And Answers Circulated With The Votes

Hms "Africa"

To ask the Secretary to the Admiralty whether the now battleship " Africa," while out for her trials, was only saved from running on the rocks at the Lizard by the engines being put full speed astern; and, if so, has any inquiry been made into the matter, and with what result. (Answered by Mr. Edmund Robertson.) The engines of H.M.S. " Africa" were reversed during her trials on account of her getting into proximity to the shore in a fog. It is not proposed to make any further inquiry into the matter.

Despatches Of Mails From Sliddery, Isle Ofarran

To ask the Postmaster-General whether he is aware that the mails from Sliddery, in the Island of Arran, now do not leave Lamlash till after 3 p.m., instead of at 11.30 a.m., as formerly; whether letters, consequently, are not delivered in Glasgow until the following day; and whether he can see his way to restoring the previous arrangement. (Answered by Mr. Sydney Buxton.) The alteration in the service from Sliddery referred to is the usual summer arrangement for the steamers between Lamlash and Ardrossan, and has been in operation for several years. I understand that, although the correspondence from Sliddery should reach Glasgow in time for delivery the same day, it occasionally, owing to loss of time on the way, arrives too late for the suburban post. I will make inquiry as to the possibility of effecting an improvement in the service.

Transvaal Self-Government

To ask the Under-Secretary of State for the Colonies whether His Majesty's Government will afford opportunity for consideration by the House of any proposals they may make with a view to the establishment of responsible Government in the Transvaal and Orange River Colonies before taking definite action on the Report of Sir West Ridge-way's Commission. (Answered by Mr. Churchill.) I must ask the hon. Member to address himself to the Prime Minister, who answered a somewhat similar Question on the 25th ultimo.†

Merchant Vessels And The Naval Manœuvres

To ask the Secretary to the Admiralty how many merchant vessels of fourteen knots speed or under, and how many of over fourteen knots took part in the recent eight days naval manœuvres; and whether the insurance policy taken out covered these vessels

† See (4) Debates, clix, 665.
exclusively, or whether other ships were included. (Answered by Mr. Edmund Robertson.) The Reports of the numbers of merchant vessels taking part in the manœuvres have not yet been received. There is no speed limit named in the insurance policy.

Erection Of Letter-Box At Cleggan

To ask the Postmaster-General whether he can agree to the erection of a letter-box at Cleggan on the mail car route between Creeslough and Carrigart, county Donegal. (Answered by Mr. Sydney Buxton.) I will send the hon. Member an answer after I have made inquiry on the subject.

Winton (Bournemouth) Post Office

To ask the Postmaster-General if any decision has been come to as to whether the post office at Winton, Bournemouth, shall be constituted a salaried sub-office; and whether he can give any information as to when the present vacancy will be filled up. (Answered by Mr. Sydney Buxton.) I have now decided that the post office at Winton, Bournemouth, shall remain a commission sub-office, and steps are being taken to fill the appointment.

Irish Evicted Tenants—Case Of Thomas Flanagan

To ask the Chief Secretary to the Lord Lieutenant of Ireland whether the Estates Commissioners have yet made provision for Thomas Flanagan, Clonag-hadoe, an evicted tenant upon the estate of Mrs. Adair, Mountmellick, Queen's County, the remaining portion of which is now before them for sale; can he say whether the Estates Commissioners are prepared to sell Flanagan's farm to the planter who has come into occupation since 1901; and, if so, how they propose to deal with the evicted tenant's claims. (Answered by Mr. Bryce.) I informed the hon. Member on May 17th that the Estates Commissioners had referred Mr. Flanagan's application to one of their inspectors for inquiry. His Report has not yet been received, and in the meantime the Commissioners are unable to come to a decision in the case.

Case Of Fat Fahy

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have received an application for reinstatement from Pat Fahy (Frank), who was evicted on the Clanricarde estate in 1886; whether the Estates Commissioners have made inquiry as to how the evicted farm is now held; and whether the present holder is willing to take compensation and sell to the Estates Commissioners, or what provision they intend to make for Fahy. (Answered by Mr. Bryce.) The Estates Commissioners inform me that they have received from Patrick Fahy an application for reinstatement as evicted tenant. The application states that his former holding is in the occupation of another tenant. The Commissioners will have inquiry made into the case in due course. They are not aware whether the present tenant is willing to accept compensation for the surrender of the holding, but if Fahy cannot be reinstated in that holding the Commissioners will consider his case in connection with the distribution of untenanted land which they may acquire for the purpose.

Restoration Of Representatives Of The Late Mrs Sexton

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state if the tenant who is at present in occupation of the holding of the late Mrs. Kate Sexton, of Holdenstown, county Kilkenny, is a permanent tenant; if so, what steps, if airy, have been taken by the Estates Commissioners to restore the representatives of Mrs. Sexton to an equivalent holding. (Answered by Mr. Bryce.) The Estates Commissioners inform me that they have no knowledge as to the tenure upon which the evicted farm in question is held by the present tenant. Miss Celia Sexton, sister-in-law of Mrs. Kate Sexton, has lodged an application for the evicted farm, and the Commissioners have had the case inquired into by one of their inspectors. They have not, however, yet ruled upon the application.

Evicted Tenants In County Kilkenny

To ask the Chief Secretary to the Lord-Lieutenant of Ireland if, owing to the discrepancy which existed in the numbers between the Returns issued subsequent to the passing of the Land Purchase Act, 1903, and the number of applications lodged by or on behalf of evicted tenants for reinstatement in the county Kilkenny, he will cause a Return to be issued of those evicted who are entitled under the Act to be reinstated, and that the necessary particulars will in each case be given so as to enable those tenants or their friends to lodge applications in due course. (Answered by Mr. Bryce.) The Estates Commissioners inform me that applications have been received from 141 persons seeking reinstatement as former tenants or representatives of former tenants of holdings in county Kilkenny. These applications will be inquired into and reported on by an inspector in due course; but, until each case has been ruled on by the Commissioners, they will not be in a position to particularise how many of the applicants come within Clause (d), Section 2 (1), of the Act. It appears, however, from the particulars shown in the applications themselves, that at least nine of the applicants do not come within the terms of that clause. A Return such as the hon. Member desires does not appear to be either practicable or needed.

Holding For Caldbeck On The Waring Estate

To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he can state if the Estates Commissioners have yet approached the tenant in occupation of the holding of Samuel Caldbeck, Waring's estate, Kilmanagh, county Kilkenny, who expressed his willingness to surrender the holding to Caldbeck on getting reasonable compensation; if not, what steps, if any, have been taken to provide Caldbeck with an equavalent holding. (Answered by Mr. Bryce.) The Estates Commissioners inform me that they have received from Samuel Caldbock an application for reinstatement in a holding on the Waring estate. The Commissioners have not approached the present occupier of the evicted farm, but they intend to have Caldbeck's application inquired into in due course by one of their inspectors.

Marine Works In County Mayo

To ask the Chief Secretary to the Lord-Lieutenant of Ireland if he will state the exact position in which the scheme for connecting Malloranny and Belmullet by steamer service, under the Marine Works Act of 1902, now stands; and if he will state who or what is responsible for the delay in carrying out a scheme decided upon over three years ago.

To ask the Chief Secretary to the Lord-Lieutenant of Ireland if any of the marine schemes proposed to be carried out three years ago in the county of Mayo, under the Marine Works Act of 1902, have been abandoned; and, if so, whether it is intended to expend the money available by the dropping of these schemes in the county of Mayo where railway and other transit facilities are so much needed. (Answered by Mr. Bryce.) I understand that two schemes, under the Marine Works Act, for county Mayo wore proposed by the late Government, one relating to harbour works at Innishlyre, and the other to a steamer service between Belmullet and Tonragee, near Mulranny. Difficulties in regard to both schemes arose while the late Government were still in office, with the result that both were suspended. His Majesty's present Government have had both schemes under consideration, as also the question of railway extension to Belmullet and of transit facilities in the district generally. The whole question is still engaging the earnest attention of the Government, but it is one of much complexity, and I do not anticipate that I shall be in a position to make a statement on the subject for some time to come.

Sale Of The Perry-Knox-Gore Estate

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have approached Mrs. Perry-Knox-Gore, the owner of the Crannagh farm at Ardagh, Ballina, county Mayo (which it was proposed some time ago to dispose of by public auction), with a view to the purchase by the Commissioners of the Crannagh farm and the occupied portion of the Perry-Knox-Gore property; and, if so, with what result. (Answered by Mr. Bryce.) The Estates Commissioners inform me that no proceedings for the sale of the property referred to have been instituted before them and they have not yet approached the owner upon the subject of purchase, but are now about to do so.

Meat Contracts For Troops At Belfast

To ask the Secretary of State for War whether the Liverpool contractor who holds the Belfast contract for meat is the person chiefly responsible for changing the condition of tender from Home-bred to Home-killed; and whether a Yorkshire farmer obtained this contract, which is supplied by an American firm. (Answered by Mr. Secretary Haldane.) The Answer to the first part of the Question is in the negative. As regards the second, the contract was obtained by Mr. Boddy, as the hon. Member was informed on the 25th ultimo. The quality of the meat is excellent.

Pigeon Shooting In Egypt

To ask the Secretary of State for War whether any general regulation with reference to the shooting of pigeons has been issued by the General in command of the British troops in Egypt: and, if so, whether he can state the terms of the regulation, and the date on which it was issued. (Answered by Mr. Secretary Haldane.) Lord Cromer in a telegram dated the 14th ultimo, addressed to my right hon. friend the Member for the Berwick-on-Tweed Division, stated that the order hitherto existing in Egypt has been that no pigeon-shooting was to take place without the consent of the Omdeh of the village, and that, since the Denshawai incident, the General Officer Commanding in Egypt was about to issue orders forbidding the shooting of pigeons in the future, but I am not aware of the terms of the order or the date of its issue.

Artillery Practice On Dartmoor

To ask the Secretary of State for War whether he can arrange that on August Bank Holiday there may be no artillery practice on Dartmoor. (Answered by Mr. Secretary Haldane.) Instructions have been issued to the commandment, artillery practice camp, Okehampton, that there is to be no firing on Easter Mondays, Whit Mondays, or August Bank Holidays.

Furnishing Of Officers' Quarters—Local Tenders

To ask the Secretary of Hate for War whether the furniture and all necessaries for the officers' quarters and mess, in Kilkenny, which were usually supplied by local firms, are now supplied from London and other outside places; and, if so, whether, in the interest of local trade and industries, he will see that the old order is reverted to, and such orders given in Kilkenny. (Answered by Mr. Secretary Haldane.) The furniture previously obtained locally was presumably that purchased by officers privately before quarters and mosses were furnished at the public expense, Furniture is now obtained by public tender and supplied as Government equipment to quarters and messes. I do not propose to change the system now in force.

Australian Tinned Meat

To ask the Under-Secretary of State for the Colonies whether the Colonial Office have received any representations as to the position of the tinned moat trade in New South Wales; and whether he can say if he has any official information that the system of inspection in operation in Australia is so rigorous and careful that the occurrence of any abuse is impossible, and that consequently there has been no complaint whatever as to the excellence of the article supplied by the Australian trade. (Answered by Mr. Churchill.) Since the hon. Member's Question was put to me on July 2nd, a letter has been received from the Agent-General for New South Wales pointing out that special care is exercised by the New South Wales Government that only healthy beasts are slaughtered for food, and both in freezing and canning works every precaution is taken to ensure that cleanly methods are adopted. All animals intended for human food are, first of all, inspected alive in the sale yards by Government veterinary experts. These inspectors are either veterinary surgeons or have passed a thorough examination in the detection of diseases both in live stock and meat. Subsequently the carcases are inspected in the slaughter-houses which are also under Government control. In transit, in shops, and other places, frequent inspections are made, and these extend in every instance to the whole premises and to all meats or parts of the carcase. Not only this, but the utensils and appliances, in addition to the blood, offal, etc., are inspected, and were any breach of the regulations regarding cleanliness to occur, the licence to such premises would be at once withdrawn. The Government inspectors have to make weekly reports with particulars of the numbers of cattle slaughtered. Not only has every slaughtering establishment to be licensed but every person intending to slaughter cattle for food has to give twelve hours notice to the inspector to enable him to be present, a penalty of £5 being inflicted for every head of cattle which has been slaughtered without proper notice having been given. The laws against slaughtering for food of any cattle that are in any way diseased are strict; and if an inspector finds the milt or spleen of any slaughtered animal to be diseased, he causes the on the carcase to be removed and destroyed under penalty of a fine from £10 to £50. Any person taking such beast to slaughter is liable to imprisonment for a term not exceeding two years, with or without hard labour, and any one attempting; to sell such diseased meat is liable to a long term of imprisonment. In the establishments where meat is being prepared for canning, etc., the regulations are especially strict. I desire to correct a mistake which was unfortunately made in my Answer to the hon. Member's Question on July 2nd. I then stated that no tinned meat was exported from New South Wales to this country. I should have stated that no boneless meat was exported. Tinned meat is imported from New South Wales and also from Queensland in considerable quantities and in smaller quan- tities from South Australia and Victoria. I understand that in the principal works in Australia where the preserved meat industry is carried on the beasts are killed purely and solely for preserving purposes, and only the finest parts of them go into the tins.

South African Custom Duty On Skimmed Condensed Milk

To ask the Under-Secretary of State for the Colonies whether he is aware that, by the action of the South African Customs Convention, certain new duties were simultaneously passed and became law throughout British South Africa as from mid-day on May 25th last, and that a duty of 6d. per pound was placed on skimmed condensed milk which had hitherto entered South Africa under a duty of 2s. per case, valued at 12s. 6d., whereas the new duty imposed is 24s. per case; that the trade in this article, almost wholly in the hands of British merchants, averaging from 30,000 to 40,000 cases per month, is in danger of destruction, and that, contrary to the established practice, no previous intimation was given of the proposed increase of duty, and no provision made for the clearance at the old duty of shipments in transit, approximating 35,000 cases, which will be prohibited entrance except at the new duty; and, if so, will he use his influence with the Colonial Governments to permit shipments in transit at the time of the imposition of the extra duty to be admitted at the old rate. (Answered by Mr. Churchill.) The Secretary of State is aware of the increase of duty alluded to by the hon. Member. Representations as to the hardship of collecting the new duty on cargoes in transit were communicated to the South African Governments, and collection was postponed till July 1st subject to sufficient proof being given that importations prior to that date were kept within the limits of contracts entered into before May 20th on which date the increased duties provided for by the new Customs Convention came into force.

The Rajah Of Sarawak And The Sultan Of Brunei And The Foreign Office

To ask the Secretary of State for Foreign Affairs whether, when desiring to bring fully to the notice of His Majesty's Government the subject of the relations between the Government of His Highness the Rajah of Sarawak and that of the Sultan of Brunei, both under British protection, any question, or any application for information, shall be made to the Foreign Office or the Colonial Office. (Answered by Secretary Sir Edward Grey.) All questions arising in connection with the relations between the States of Sarawak and Brunei are dealt with by the Foreign Office

Temporary Second Division Clerks Appointed To Irish Government Departments

To ask the Secretary to the Treasury whether he can give the number of second division clerks who were appointed temporarily during the last five years in the first instance to Irish Government Departments; and whether he can give the number of these second division clerks that were afterwards made permanent in the Departments to which they were originally assigned for temporary duty. (Answered by Mr. McKenna.) During the period July 1st, 1901, to June 30th, 1906, I am informed the forty-four second division clerks were assigned for temporary duty in Irish Government Departments. Of these, twelve were afterwards made permanent in the Departments to which they were originally assigned.

Excise Department—Promotion To Supervisorships

To ask the Secretary to the Treasury what is the average age of officers of Excise when called upon to attend the examination for supervisorship, and what proportion of those who present themselves secure promotion; whether in view of the course of study which success at the examination entails, the Board of Inland Revenue will adopt the course introduced by the Board of Customs in similar circumstances and give six months notice of the date of the examination, and at the same time indicate the officers who will be called upon to attend; whether he can state when the next examination will be held, and also say how far down the seniority list of first class officers the summons to attend will be extended; and whether he will give instruction that so far as is practicable future examinations, both for the supervisorship and the inspectorship, be held in the spring so as to avoid the necessity for a course of close study during the summer months. (Answered by Mr. McKenna.) (1) The average age of officers attending the examination for the supervisorship is forty-four. (2) Roughly speaking about one-third of the number of candidates are passed. (3) As long a notice as possible is given of the date when the next examination for the supervisorship will be held. In view of the uncertainty of requirements, as resulting from the vacancies that occur, it would be difficult to give as much as six months notice, or to indicate the officers who will be called upon to attend. (4) So far as the Board of Inland Revenue can tell at present, an examination for the supervisorship will be held early in the spring of next year, but it is impossible to state how far down the seniority list the summons to attend will be extended. (5) I understand it would not be practicable, as a general rule, to hold the two examinations in the spring of the year.

Inspection Of Imported Food

To ask the President of the Board of Trade whether he will consider the advisability of introducing a public measure to compel all port sanitary or borough council authorities to inspect imported food, including tinned products. (Answered by Mr. John Burns.) My right hon. friend has asked me to reply to this Question. I have now under consideration the expediency of proposing legislation for the purpose of amending, the law in relation to food inspection.

Railway Rates And Facilities

To ask the President of the Board of Trade whether he will consider the advisability of extending the-powers of the Railway Department of the Board of Trade in regard to complaints by individual traders, respecting rates, facilities, and contracting out of liabilities previous to an appeal to the Railway Commission; and whether any arrangement can be made to cheapen the cost of proceedings before the Railway Commission. (Answered by Mr. Lloyd-George.) The whole matter is engaging my careful attention, but I am not at present able to make any statement on the subject. I am fully aware of the desirability of securing as cheap arid expeditious a means of dealing with traders' complaints as the circumstances of the case permit.

Distribution Of Grants Under The Education Bill

To ask the President of the Board of Education, the financial Resolution for the Education Bill having been passed, if he can now give any indication as to the probable distribution of the money. (Answered by Mr. Birrell.) As stated by me on the introduction of the Education Bill, and in Answers to various Questions put to me since then in the House, the general principle upon which the Board of Education will proceed in the ultimate distribution of the new grant will be to have regard both (a) to the actual increase of local burden consequent upon the Bill, and (b) to the amount of the education burden in the area. In regard to the first of these points the Government are of opinion, as I stated on April 9th, that it is not possible to lay down any detailed scheme for the distribution of the grant until some reliable estimate can be formed of the probable additional burden accruing in individual areas through the operation of the Bill, and this cannot be obtained until we have had some experience of the arrangements that are made under the Bill between local education authorities and the owners or the trustees of voluntary schools. But there can be no doubt that, taking the country as a whole, the sum named in the Bill will considerably more than cover the total liabilities that can reasonably be expected to accrue to the local authorities generally in respect of the new burden of the structural repairs of those voluntary schools which are taken over, and in respect of sums paid by way of rent or otherwise on the taking over of those schools, or in the shape of new annual charges of sinking fund and interest for the erection of any new council schools that may be erected in lieu of existing voluntary schools. In regard to the second of the two points named above, it is clear that any scheme of distribution of the Exchequer grant, which is to have regard in some equitable manner to the total burden borne by a locality in respect of elementary education, must involve some readjustment of the existing Exchequer grants in aid of elementary education. For these reasons the Chancellor of the Exchequer has decided that there should be a comprehensive scheme of allocation of all State grants in aid of the local burden in respect of elementary education throughout England and Wales. An amalgamation of the existing grants for elementary education, which are now threefold, annual grant, free grant, and special aid grant, and are paid on various very complicated bases and at different dates, is, on other grounds, eminently desirable; and the Board have, for some time past, had it in contemplation to attempt some such administrative reform as this, and also to reform the extremely tangled scheme of " school years," delayed payments, and quarterly instalments, at present attaching to the grants generally. From these various considerations, therefore, the Government are of opinion that the best mode of dealing with the matter is to prepare a scheme by which all existing grants for elementary education, together with the new grant of £1,000,000 sterling, shall be newly distributed, having regard especially to the two points hereinbefore named, and that, as such a scheme cannot, for the reasons above stated, be prepared until information is available as to the arrangements made respecting transfers of schools under the Bill, it shall be made the subject of a Bill to be introduced next year.

Schools Promoted By Persons Other Than Local Education Authorities

To ask the President of the Board of Education what is the number and what the religious character of the schools promoted by persons other than local education authorities, and sanctioned by the Board of Education under Section 8 of the Education Act of 1902. (Answered by Mr. Birrell.) The number and religious character of the new voluntary schools promoted by persons other than local education authorities, and sanctioned by the Board of Education under Section 8 of the Education Act, 1902, is—forty-five Church of England; fourteen Roman Catholic; two Wesleyan; four other undenominational. This is irrespective of certain enlargements which have been sanctioned.

Men Employed In Royal Dockyards

To ask the Secretary to the Admiralty what has been approximately the maximum and minimum number of men employed in the Royal Dockyards since 1900, inclusive; and what is the approximate number contemplated by the Admiralty at the conclusion of the present financial year; or, if this figure cannot be given, whether he can state the number now employed. (Answered by Mr. Edmund Robertson.) The maximum number of men employed since 1900 is 35,676, and the minimum 27,000, which is the number borne at the present time the numbers to be borne at the end of the year have not been determined.

Application For Allotments At Achscrabster—Expense Involved

To ask the Secretary for Scotland whether he is aware that in a recent application under the Allotments Act for land (extending to thirty acres, and valued at £15 11s. per annum), at Achscrabster, in the county of Caithness, the legal and other expenses connected with the valuation of this small piece of land were as follows: Arbiter's fee and expenses, £17 1s. 5d.; fee and expenses to the clerk to the Reference, £47 2s. 6d.; cost of the solicitors for the proprietor, £25 15s. 1d.; compensation to the tenants (£15 6s. 5d.), and their expenses (£4 2s. 5d.) together £19 8s. 10d.; cost of the solicitors representing the parish council, £3 5s. 8d.; outlays incurred by the county clerk, £21 12s. 1d.; making a total of £134 8s. 7d.; and whether the Government will introduce legislation to amend the Allotments Act so as to make the incurring of such expenses impossible in the future. (Answered by Mr. Sinclair.) The expenses connected with the Achscrabster I allotments are correctly reported by the hon. Member. The rent, however, is£18 9s. 6d. per annum, not £15 11s. Undoubtedly the total amount of the expenses is out of all proportion to the magnitude of this transaction, and a simpler and cheaper procedure is necessary to any large extension of the allotments system. Until Parliament has had an opportunity of considering the Bill amending the Crofters Act, which is now under preparation, I am unable to give any pledge as to legislation.

Payments Under The Agricultural Bates Act

To ask the President of the Local Government Board whether he has received copies of a Resolution from the Vaynor and Penderyn Rural District Council, recommending that the payments made under the Agricultural Rates Act to spending authorities should be based on the average of the rates collected during the three years immediately preceding years to that in which payments are made, and not, as now, on the one year basis; and whether he intends taking any action in connection with the matter. (Answered by Mr. John Burns.) I have received copies of several Resolutions from local authorities to the effect stated in the Question. The Act requires that the annual payments made under it shall be based on the amount of the rates raised during the year 1895–6. I could not undertake to propose legislation to alter it in this respect.

Assessment And Taxation Of Coal

To ask the President of the Local Government Board whether he has received a petition from the Merthyr Board of Guardians praying that a committee of inquiry be set up to report upon the present system of assessing coal raised in the country for the purpose of rating and to fix a national basis for assessment purposes, and what action he purposes taking. (Answered by Mr. John Hums.) I have received a copy of a Resolution passed by the Merthyr Tydvil guardians on this subject, and I am aware that complaints have been made as to the different methods adopted of ascertaining the rateable value of coal mines. The Royal Commission on Local Taxation referred to the matter in their final Report, and recommended special means for dealing with the valuation of these and some other properties. I do not think it necessary that a committee should be appointed, as suggested by the guardians, but the mode of valuing coal mines will not be lost sight of when the Government are considering the subject of valuation.

American Beef Companies And Income Tax

To ask Mr. Chancellor of the Exchequer whether he is aware that certain American beef companies who import meat into this country state they do so at a loss and pay no Income-Tax upon their turnover; and whether he will institute inquiries regarding this matter. (Answered by Mr. Asquith.) The matter is one to the importance of which the Board of Inland Revenue are fully alive, and every care is taken by them to secure the assessment of the companies to Income-Tax on their true English profits. In the case of an appeal by an American firm against an Inland Revenue assessment in 1903, the firm in question succeeded in proving to the satisfaction of the District Commissioners, by means of a full disclosure of the accounts of the whole of their business, that the trading of the dressed beef department, from which the bulk of the English trade is drawn, had resulted in a loss.

Great Southern And Western Railway And Carriage Of Exhibits From Agriculturalshows

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the Great Southern and Western Railway Company of Ireland, disregarding the practice prevailing with the English railway companies to charge agricultural machines, implements, and other exhibits transferred from one agricultural show to another, at half rates at owner's risk, if such articles are certified by the exhibitor to be unsold, charge in respect of such articles full rates; and whether he is prepared to use his influence to put an end to this treatment in the interests of agriculture. (Answered by Mr. Bryce.) The Department of Agriculture are informed that the arrangements as to charges for the carriage by railway of agricultural machines, implements, and other exhibits, from shows in Great Britain differ somewhat from those which apply under like circumstances in Ireland. In England it appears that such exhibits are charged at full rates going to shows and at half rates when returning, upon being certified as unsold. Unsold exhibits conveyed from one show to another are charged at half rates. In Ireland exhibits going to shows are charged at full rates, as in Great Britain, but are carried back free if certified as unsold. The traffic from show to show is charged full rates in Ireland. The Department are not aware that exception has been taken by any Irish exhibitor to this procedure as adopted on the Great Southern and Western Railway, but it would seem that an English firm, which some time ago exhibited implements at an Irish show, objected to being charged full rates when the goods were carried by railway to another show in Ireland. Traffic of this kind from show to show in Ireland is stated to be very small, and the Department have no information to show that Irish exhibitors are desirous that the system of charging adopted by British railway companies should be substituted for that now in operation in Ireland. The Department are also given to understand that the charges for the carriage of agricultural machines and implements as a whole are lower in Ireland than in Great Britain. In these circumstances it does not appear necessary to make any special representation to the Irish railway companies on the subject.

Irish Agricultural Organisation Association

To ask the Chief Secretary to the Lord-Lieutenant of Ireland when the promised Return, giving detailed particulars of payments by the Department of Agriculture to the Irish Agricultural Organisation Association, and to officials of that organisation, will be issued. (Answered by Mr. Bryce.) I am now prepared to give this Return if the hon. Member should formally move for it.

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state how many members of the Irish Agricultural Organisation Society have been nominated by the department to membership of the Agricultural Council and Board of Agriculture, respectively; and whether he will say who was the founder of the Agricultural Organisation Society. (Answered by Mr. Bryce.) I am informed that of the thirty-four members of the present Council of Agriculture nominated by the Department, eight are members of the Irish Agricultural Organisation Society, and that of the four members of the Agricultural Board nominated by the Department, three are members of the Society. The Society was founded by Sir Horace Plunkett.

Construction Of A Boat Slip At Maghery Bay

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received a memorial from fishermen and others asking for the construction of a boat-slip at Maghery Bay, between Burtonport and Portnoo, county Donegal; and whether he is prepared to accede to the request of the memorialists. (Answered by Mr. Bryce.) The memorial in question represented the need for a boat-slip or harbour at Maghery Bay to accommodate a large number of luggers and small fishing boats. The memorial has been placed before the Congested Districts Board, who have decided to postpone consideration of the project, as the probable cost of a suitable work would be beyond the moans at their disposal. The Board understand that no harbour that would be safe for luggers in bad weather could be constructed at such an exposed place under a cost of £10,000, and probably this sum would be largely exceeded. Even a slip, with protecting break water which would be useful for small boats, would cost about £3,000.

Bank Of England Stock

To ask the First Lord of the Treasury, in view of the facts that the value of the Bank of England stock has of late years declined from 342 to 284, or equal to £60, and that the values of limited bank shares have hardly depreciated during the same period owing to the existence of Leeman's Bank Act of 1867, which protects these stocks from bear operations, what steps does His Majesty's Government intend to take to protect the Bank of England stock and other trust securities; and whether the Government will adopt the same effectual legislative measures to apply to all these stocks as Leeman's Act does with limited bank shares, in order to stop a continuance of the systems of bull and bear financial gambling operations in fictitious shares, with the object of protecting the interests of bonâ fide shareholders. (Answered by Sir H. Campbell-Bannerman.) I doubt if Leeman's Act produces all the effect that the hon. Member attributes to it, and I am not prepared to take the action that he suggests.

Extension Of Labourers (Ireland) Act To Artizans Of Urban Districts

To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has received from the Galway Urban District Council and other local bodies in Ireland copies of Resolutions asking the Government to extend the provisions of the Labourers (Ireland) Bill to the labourers and artizans of urban districts, so that the same facilities be granted to urban councils which are proposed to be granted to rural district councils; and, if so, will he say what action the Government propose taking. (Answered by Mr. Bryce.) Resolutions to the effect mentioned have been received. In reply to the concluding inquiry I beg to refer to my Answer to the similar Question of the hon. Member for West Kerry on June 21st. †

Questions In The House

British Naval Training

I beg to ask the Secretary to the Admiralty whether the attention of the Board has been called to the Report made by the Italian Minister of Marine to the Chamber of Deputies in which the new scheme of naval training in the British Navy is condemned: and whether he will lay upon the Table a translation of such parts of the Report as deal with the new scheme of naval training.

My attention has been called to the memorandum and I have taken steps to obtain a copy of it, but until this is received I must defer replying to the last part of the hon. Member's Question.

Army Route Marching

On behalf of the hon. Member for East Northamptonshire, I beg to ask the Secretary of State for War what has been the result of the investigations he instituted into the circumstances of the march of the first brigade of the Buffs from Lydd to Dover, which was alleged to have resulted in several casualties of a serious nature.

† See (4) Debates, clix., 374.

*

The report of this case which has been received shows that the man who died in Dover hospital from valvular disease of the heart on April 11th did not march with the detachment, but was sent from Lydd to Dover by train on the 10th. The marches were as follows: April 10th, Lydd to Shorncliffe 16 miles. Halts of 5, 10, 10 and 20 minutes respectively. Weather cool, N.E. wind. No men fell out. April 11th, Shorncliffe to Dover Citadel. Left Shorncliffe 8.55 a.m., arrived Citadel 12.15 p.m., distance about 9 miles. Hales of 5, 10, 10 and 5 minutes respectively. Weather hot and close, S.W. wind. A private fell out near Dover Rifle Range after descending a long decline, and was sent in by a cart to Station hospital, Western Heights, where he died the following morning. He had two years' service, had never served abroad, had done the previous day's march without apparent fatigue, and had not complained of feeling unwell before starting. The General Officer Commanding is of opinion that the marches were mot of excessive length, that they were carried out at the pace laid down in Regulations for large bodies of troops, that the halts wore amply sufficient, and that care was taken that the men obtained food and refreshment on the march. The conclusion to be drawn is that the man referred to died from the effects of the abnormal heat wave, to the effects of which he had a predisposed susceptibility. This is the opinion of the Army Medical Officer and is borne out by the fact that no other men of the detachment fell out except one man with the baggage guard. Two men also reported sore feet the following day, but none of these went to hospital. I am satisfied that the officers of this battalion and the army medical officers were not in any way neglectful of the comfort and welfare of their men, and I much regret that the unfortunate death of this young soldier should have given rise to the exaggerated reports in the Press that two men had died as the result of the march, that numbers of men had fallen out, and that there were numerous sufferers in hospital.

Bloemfontein Garrison

I beg to ask the Secretary of State for War whether his atten- tion has been called to the deficiency in transport in connection with the Bloemfontein garrison; whether he is aware that when the Artillery brigade goes into camp the rest of the force are practically left without any transport at all; that such waggons as are available are of different patterns and not interchangeable in their parts; and that one battalion of infantry has no mobilisation equipment whatever; and whether he will take steps to remedy such deficiencies at an early date.

There is no deficiency of transport in connection with the Bloemfontein garrison, and the hon. Member must to under a misapprehension as to the rest of the force being left without transport when the Artillery Brigade goes into camp. The transport wagons are the local pattern buck wagons and are in every way satisfactory. All the Infantry battalions in South Africa ire in process of being completed with mobilisation equipment.

Reservists In The Brigade Of Guards

I beg to ask the Secretary of State for War what is the number of reservists belonging to each of the four regiments A the brigade of Guards.

The strength of the Army Reserve of the Brigade of Guards on July 1st, 1906, was as follows:—

Regiment.Section "A"Section "B"Section "D"Total.
Grenadiers392,4873472,873
Coldstreams811,9701892,243
Scots551,3312071,593
Irish454201466
Total2236,2087447,175

Cost Of A Grenadier Guard-

I beg to ask the Secretary of State for War what is the average annual cost per man of the rank and file to the Grenadier Guards, taking men with the colours and in the reserve together for the purpose of striking the average.

*

The average annual effective cost of the rank and file of the Grenadier Guards, on the lines indicated, is about £29 10s. per man.

Cost Of A Battalion Of The Guards

I beg to ask the Secretary of State for War what is the annual cost of maintenance of a battalion of the Guards including and excluding reservists, respectively.

*

The annual effective cost of maintenance of a battalion of Foot Guards (other than the battalion of Irish Guards which has a specially high establishment) is approximately £59,000, including a share of the depot, but not including reservists. The cost of the reservists of the Foot Guards, exclusive of the Irish Guards, is at present about £7,000 per battalion. The reserve of the Irish Guards has not yet attained its full proportions.

Cost Of Army Maintenance

I beg to ask the Secretary of State for War what is the annual cost of upkeep of the following units; a field battery, Royal Artillery, on lower establishment, a battery of the Lancashire Militia, Field Artillery

Battalion.Head Quarters.
England.
3rd Battalion East Kent RegimentCanterbury.
5th Battalion Royal Warwickshire RegimentWarwick.
7th Battalion Royal Fusiliers RegimentHounslow.
4th Battalion Somersetshire Light InfantryTaunton.
3rd Battalion Bedfordshire RegimentBedford.
3rd Battalion Yorkshire RegimentRichmond.
6th Battalion Lanarkshire FusiliersBury.
4th Battalion Shropshire Light InfantryHereford
3rd Battalion Loyal North Lancashire RegimentPreston.
3rd Battalion Oxfordshire Light InfantryHigh Wycombe.
7th Battalion King's Royal Rifle CorpsBarnet.
3rd Battalion North Staffordshire RegimentLichfield.
3rd Battalion York and Lancashire RegimentPontefract.
Ireland.
4th Battalion Royal Irish RiflesBelfast.
5th Battalion Connaught RangersBoyle.
3rd Battalion Royal Munster FusiliersKinsale.
4th Battalion Royal Dublin FusiliersDublin.
Scotland.
4th Battalion Scottish RiflesHamilton.
3rd Battalion Gordon HighlandersAberdeen.
And one other not yet definitely selected.

Brigade, and a horse artillery battery of the Honourable Artillery Company.

*

The annual effective cost of upkeep of a battery of Royal Field Artillery on lower establishment is £13,000, and that of a battery of the Lancashire Field Artillery Militia £6,500. The cost to the public of a horse artillery battery of the Honourable Artillery Company is approximately £1,100; but I am not in a position to state what further expenditure may take place from the funds of the Company.

Winter Training Of Militia Regiments

I beg to ask the Secretary of State for War if he can now state the names of the Militia battalions with which the experiment of training recruits, for six winter months is to be tried.

*

The following are the Militia battalions selected for experimental training of six months (for recruits) and of six weeks for trained men.

Australian Mail Service

I beg to ask the Under Secretary of State for the Colonies whether His Majesty's Government have considered any fresh arrangement for the Australian mail service to come into force when the present contracts terminate?

The Postmaster-General has invited tenders for the performance of the England-Australia mail service after January 31st, 1908, but the tenders have not yet been received.

asked if the agreement reported in to-day's paper as having been come to by the Federal Government in any way affected the contract that might be entered into by the Homo Government.

General Botha And The Chinese Coolies

I beg to ask the Undersecretary of State for the Colonies whether the Secretary of State has received a letter from General Botha asking the Government to take drastic action to bring to an end the employment of Chinese in the Transvaal gold mines: and, if, so, what reply has been given to the letter; and whether the correspondence will be included in the forthcoming Blue-book on South African affairs.

The Secretary of State has received a letter from General Botha urging that unless the outrages committed by the Chinese coolies can be effectively stopped the labourers should be repatriated in the interests of public tranquillity. The reply to this letter is on its way to South Africa and will be included in the forthcoming Blue-book.

White Labour In The Transvaal Mines

I bog to ask the Under-Secretary of State for the Colonies how many white men (approximately) were employed in the Transvaal mines when the Government took office; and how many are now in employment there.

The number of white men employed in the Transvaal gold mines when the Government took office was about 18,150: the number employed on May 31st was 18,309.

Kaffirs In The Transvaal Mines

*

I beg to ask the Under-Secretary of State for the Colonies if he will state the number of Kaffirs employed in the mines in the Transvaal on April 30th, 1906; the number of Kaffirs employed in the said mines before the war broke out; the number of Kaffirs, other than those employed in the mines, employed in the Transvaal, whether by the Public Works. Department, the military authorities, in domestic service, in trade, or otherwise, at the present time; the number similarly employed before the war.

93,739 was the number of Kaffirs employed in the Transvaal Gold Mines on April 30th. There is some uncertainty as to the numbers prior to the war the report of the Transvaal Labour Commission quotes the Government Mining Engineer's statement that 107,827 were employed on gold mines in July, 1899; of these 91,484 were at work. Subsequently the Mining Department published the figures 107,482 as representing the coloured labour for the Witwatersrand Gold Mines with a statement that the figures for other districts were not known. The number of Kaffirs in other employment than Gold Mining in Labour Districts on April 30th appears to have been between 85,000 and 90,000. I am not in a position to give the numbers before the war, but the numbers in other employment were much fewer then than now.

Has there been any change in the rate of wages since the war?

There was a distinct and serious reduction of the rate of wages paid to the Kaffirs in the Witwatersrand area after the war, but I am informed that the rate of wages has now been raised to the pre-war level.

Outrages By Chinese Coolies

I beg to ask the Under-Secretary of State for the Colonies what is the number of outrages committed by Chinese coolies during the months of March, April, May, and June; and how many Chinese coolies are at present in prison in the Transvaal as a result of crimes, outrages, and other breaches of the Law.

The following are the returns of convictions for March, April and May:—

March.April.May.
Common assault557348
Assault with intent1264
Murder0176
Housebreaking by day82720
Housebreaking by night1221
7614579
The returns for June are not yet available. The number of Chinese coolies in prison on May 31st was 1,311.

asked whether the Government had published a Return of the outrages committed by natives during the present year.

No, Sir. I do not think the figures are available with anything like the same degree of accuracy in regard to the natives. These returns involve great expense and trouble. We endeavour to supply Returns for the information of this House when the House calls for them. There is a considerable proportion of crime among the Kaffir population.

If the hon. Gentleman desires to have a Return he is fully acquainted with the proper procedure.

Has the Government any information of any other working population one-fiftieth of whom are in gaol?

South African Labour Party And Coolie Repatriation

I beg to ask the Undersecretary of State for the Colonies whether he is aware that a meeting has been held at Pretoria under the auspices of the Labour Party, and also a mass meeting at Bramfontein, at which Resolutions were passed calling for the repatriation of the Chinese coolies; and whether, in view of these Resolutions, he proposes to take any action to give effect to the growing feeling in favour of such a policy.

The Resolution of the meeting of the Transvaal Independent Labour Party at Pretoria of May 9th, which has been received by the Secretary of State, is a Resolution in support of the action of His Majesty's Government with regard to Chinese repatriation. I have not received the Bramfontein Resolution.

Murder By Natives In Natal

*

I beg to ask the Undersecretary of State fur the Colonies whether the Colonial Office has received any confirmation of the alleged discovery of the mutilated corpse of a white man in Mesini's kraal.

Yes, Sir, a telegram from the Governor states:— " Body found of white civilian bicyclist foully murdered by Mesini's order. Head, arm, and leg missing and trunk disfigured by most horrible mutilations.

Will the hon. Gentleman tell us how many mutilated bodies of Kaffirs have been found in the kraals?

[No Answer was returned.]

The Swadeshi Movement In Bengal

*

I beg to ask the Secretary of State for India whether the Swadeshi movement in Bengal has led to the importation from Austria, Germany, Belgium, and other non-British sources, of Foreign goods which are stamped by Indian Native importers with the Swadeshi stamp, and sold, in preference to better goods of the same descriptions, which were formerly supplied from Britain.

I have seen a statement to this effect in the newspapers, but I have no definite information as to the extent to which this dishonest practice prevails, or the degree of success attending it. Imports of British goods into India during the twelve months ending March 31st last show no falling off, but on the contrary a considerable increase on those of previous years.

Outrages By Indian Natives

*

I beg to ask the Secretary of State for India whether the natives of India who recently assaulted Mr. Earle, a British planter in the Ranikhet district, and left him for dead, have been brought to justice; and what was the result of the trial of certain natives of India for the murder of Mr. Goss, a British planter, of Darjeeling.

I have no official information as to these cases, but I believe that the first case is still under investigation, and that in the second case an appeal is pending against the sentence of transportation for life which was passed on a servant of the deceased who was convicted of the murder.

Indian Official Publications

I beg to ask the Secretary of State for India whether his attention has been called to the fact that the annual publication known as " The Moral and Material Progress of India" contains a great deal of matter that has already appeared in official publications, and that much of the information contained in it is out of date before it appears; and whether, under these circumstances, he will consider the desirability of repealing the section in Act 21 and 22 Vic, under which this publication is issued, so as to save the expense now annually incurred.

The wording of the Act, under which these Reports have to be laid annually before Parliament, shows that they were intended to present in a convenient shape information collected from other Reports already published, and to form a permanent record, systematically arranged and easily referred to, of the administration of Indian affairs. I have reason to think that they fulfil this purpose, and I do not as at present advised see any reason for repealing the section quoted in the Question.

Indian Viceregal Council And The Budget Debate

I beg to ask the Secretary of State for India whether he has yet communicated with the Government of India with regard to the importance of allowing more time for the annual Budget debate in the Viceregal Council; and what steps have been taken in the matter.

I am discussing this subject with the Government of India, and I can assure my hon. friend that I am sensible of its importance.

British Garrison In Egypt

I beg to ask the Secretary of State for War if there is any intention to further reduce the British garrison in Egypt, in view of the fanatical feeling existing in that country and in the North of Africa generally.

THE SECRETARY TO THE LOCAL GOVERNMENT BOARD
(Mr. RUNCIMAN, Dewsbury, for Sir EDWARD GREY)

The Answer is in the negative.

Dalny

I beg to ask the Secretary of State for Foreign Affairs whether he has any official information showing that the Manchurian port of Dalny is closed to all except Japanese goods.

His Majesty's Ambassador at Tokio has been informed by the Japanese Government that pending the completion of the necessary arrangements, Dalny is not yet open to foreign vessels. There is, however, no discrimination of any kind in favour of Japanese merchandise. Foreign merchandise is as free to enter Dalny as Japanese articles, and foreigners availing themselves of the opportunities afforded are as free as Japanese to send their merchandise thither. The coastal junk trade with Dalny has been reopened, and the export and import duties in the leased territory have been abolished since June 30th.

Macedonia Administration

I beg to ask the Secretary of State for Foreign Affairs what steps His Majesty's Government intend to take in view of the failure of the Ottoman Government to provide for the expenses of administration and the payment of salaries in Macedonia.

In reply to this Question I must refer the hon. Member to the statement made by mo in the debate in this House on the 5th instant,†and to the Answer to the hon. Member for Northamptonshire.

Turkish Reforms

On behalf of the hon. Member for East Northamptonshire, I beg to ask the Secretary of State for Foreign Affairs whether, in the event of the renewal of negotiations for the increase of the Turkish Customs duties, His Majesty's Government will consider the advisability of obtaining more adequate guarantees for effective reform.

The attitude of His Majesty's Government on this subject was explained in my speech in this House on the 5th instant,† to which I have nothing to add. As my hon. friend will have gathered from what was said on Thursday, what is most urgently required to secure reform is that the present deficits should be supplied. This and other conditions necessary to maintain and carry on the reforms are now being considered.

Macedonia Gendarmerie

I bog to ask the Secretary of State for Foreign Affairs what steps His Majesty's Government intend to take in view of the non-compliance of the porte with the demands relating to the Macedonian Gendarmerie, that were presented in March and renewed in June.

His Majesty's Government intend to press for the fulfilment of the demands relating to the Macedonian Gendarmerie in conjunction with the other Powers.

Khanikin—Kermanshah Railway Project

I beg to ask the Secretary of State for Foreign Affairs

† See Col. 324, et seq.
whether he has any information in- regard to a German syndicate having presented an application to the Persian Government for a railway concession from Khanikin, over the Turco-Persian frontier, to Kermanshah in Persian territory.

I have nothing to add to the Answer given to the hon. Member for the Montgomery District on June 13th, to the effect that I could give no information.

Turco-Persian Boundary Commission

I beg to ask the Secretary of State for Foreign. Affairs whether he is in a position to give the date and place of meeting of the Turco-Persian Boundary Commission in regard to Pasova.

Russia And The Aland Islands

I beg to ask the Secretary of State for Foreign Affairs what steps the Government intend taking to enforce the Treaty of Paris with regard to the Russian troops in the Aland Islands.

I have nothing to add to my reply to the hon. Member for the North Blackpool Division of Lancashire on the 28th ultimo, to the effect that we have no information to slow that the Russian Government contemplate any breach of the provisions of the Treaty of Paris by fortifying the Aland Islands, or maintaining or creating Military or Naval establishments there.

Visit Of The British Fleet To Russian Ports

I beg to ask the Secretary of State for Foreign Affairs whether the Channel Fleet will pay a visit to a Russian port before compensation has been paid for all the British merchant vessels sunk during the late war.

I have nothing to add to the statements which I have already made in this House on the subject of the visit.‡

‡ See col. 327, et seq.

Ethiopian Railway

I beg to ask the Secretary of State for Foreign Affairs whether the Government is giving any pledge to the French Government in connection with the Ethiopian Railway in Abyssinia which will stop a railway being built in British Somaliland from Berbera to Harrar via Hargeisa.

The agreement has been provisionally initialled, but will not be signed until the Emperor Menelik has had an opportunity of expressing his views. In the meantime, no statement can be made on the subject.

Workmen's Compensation—Southwark Case

I beg to ask the Secretary of State for the Home Department whether his attention has been called to a recent case under the Workmen's Compensation Act, in which the judge of the Southwark County Court reduced an allowance to an injured workman of 15s. per week to 1d., in order to induce him to undergo a surgical operation, which his employers stated would, in their opinion, have the effect of remedying his injuries; and, if so, whether he will consider the desirableness of introducing in the Bill now before Parliament such provision as will relieve an injured workman from the necessity of incurring the risk of further injuries by undergoing, at the dictation of his employers, surgical operations to which he objects.

*

I am informed by the deputy judge by whom this case was decided that he reduced the allowance to the workman, not for the reason suggested by the hon. Member, but because he was satisfied on the evidence that the workman was at the time quite well and able to work. The Act does not empower an employer to require a workman to undergo any surgical operation, and I see no, reason, therefore, to introduce any Amendment such as the hon. Member indicates.

I beg to give notice I will ask the Prime Minister if he will grant an early day to consider the conduct of this extraordinary Judge.

Danger Of Tram Ticket Collections— Hammersmith Fatality

I beg to ask the Secretary of State for the Home Department whether his attention has been called to the inquest and verdict at Hammersmith upon Frederick Barnard, who was killed by a vehicle at Beadon Hill; will he say what was the ago of the deceased and whether he was in the act of collecting tram and 'bus tickets; and will he say how many serious accidents and deaths have been brought about by this advertising device since its inception; and whether the Government will take the necessary stops to put an end to this dangerous form of advertising.

*

Frederick Barnard, a child of four years, was killed at Hammersmith by a vehicle while picking up tram tickets in the roadway. Two fatal, accidents and seven resulting in personal injury have to the knowledge of the police boon brought about by this cause within the Metropolitan Police District. The question of the legality of these advertisements is now under consideration and will, it is hoped, be decided at an early date on a case stated by a magistrate.

Case Of Mrs Ellen Hitchcock

I beg to ask the Secretary of State for the Homo Department whether his attention has been directed to the remarks of Mr. d'Eyncourt, the stipendiary magistrate at Clerkenwell, in dismissing a charge preferred by the police against Mrs. Helen Hitchcock of behaving in a disorderly manner and using obscene language in Upper Street, Islington, on June 26th, and particularly to the magistrate's comment on the alteration of the charge from one of solicitation to one of disorderly behaviour; and whether he will cause an inquiry to be made into the action of the police constable who arrested Mrs. Hitchcock and of the inspector who took the charge at the police station.

*

My attention has been called to the case, but I find that there was no alteration in the charge; what the magistrate pointed out was that from the first the charge was not one of solicitation, but of disorderly conduct. (A charge of solicitation can only be brought against a person known to be a prostitute, which was not the case here.) The magistrate tells me that though he discharged the woman, he believes the officer acted honestly and from no improper motive; and the Commissioner of Police, who has made inquiry into the facts, reports that he is of opinion that the officer was not to blame. I think, however, and in this opinion the Commissioner concurs, that the case is one that should be referred to the Royal Commission.

Case Of Edward Guerin

I beg to ask the Secretary of State for the Home Department whether Edward Guerin is a British subject; and whether he is to be extradited to France on the charge of being convicted of larceny in that country.

*

Edward Guerin has been committed to prison to await extradition to France. He has, however, applied for a writ of habeas corpus and a rule nisi has been granted. The question of his nationality will be decided on that application.

Vaccination Exemption Certificates

I beg to ask the Secretary of State for the Home Department if he is aware that the county magistrates in the West Hiding Court, Skyrack Division, at Leeds, on June 26th, refused to entertain the case of an applicant, Mr. Samuel Priestly, for a certificate of exemption from vaccination on the ground that the certificate of the child's birth produced, and obtained from the local registrar for 3d., was not sufficient, and demanded, as a preliminary to trying the case, that a birth certificate costing 2s. 6d. should be produced; and will he take steps to obtain some alteration in the procedure at this Court.

*

The 3d. certificate mentioned in the Question is not a certificate of birth, but only a certificate of registration. As I informed the hon. Member for the Wycombe Division in answer to his Question on March 28th, it has been held by the High Court that magistrates are entitled to require a certificate of birth, unless some reason is shown why it cannot be given. I have no authority to intervene in the matter.

I beg to ask the Secretary of State for the Home Department whether his attention had been called to the refusals of the Porth, Glamorganshire, magistrates upon two occasions to grant a certificate of exemption from vaccination for the child of Mr. William Griffiths, 71, Penygraig Road, Penygraig; and whether, in face of the fact that Mr. Griffiths had been prevented from making an application at the Ystrad Court on June 18th, and met with the same treatment at the Pontypridd Court on June 21st, making four appearances at the Courts without result, he proposes to take any action to protect the rights of the citizen under the conscientious objection section of the Vaccination Act.

*

The Justices at Porth twice considered applications from Mr. Griffiths, but were not satisfied that the applicant conscientiously believed that vaccination would be prejudicial to-the health of his child. At Ystrad and Pontypridd the Court refused to review the decision of other magistrates. I have no authority to take any action in the matter.

What steps can Mr. Griffiths take to get his case before the Courts? He has a real grievance, for he is a conscientious objector.

*

replied that the present state of the law gave rise to-some friction, and he could only suggest that the hon. Member should induce the Government and Parliament to alter it.

Committal For Contempt Of Court—Case Of Mrs Hunt Of Exmouth

I beg to ask the Secretary of State for the Home Department whether he has made inquiries with reference to the case of Mrs. Hunt, of Exmouth, who has been committed to Exeter Gaol for contempt of Court in not removing a stall which she has held for thirty years on Exmouth beach; and, if so, what is the result of his inquiries.

*

I understand that Mrs. Hunt has been committed to prison for refusal to comply with an order of the County Court. In these circumstances I regret to say that I can take no action in the matter, as I have no power to interfere with the procedure of a civil Court. Mrs. Hunt can always apply to the Judge and will no doubt obtain her release if she undertakes to obey the order.

Prosecution Of A Cab Driver At Marlborough Street Police Court

I beg to ask the Secretary of State for the Home Department whether his attention has been drawn to the prosecution of a cab driver named Simmons at the Marlborough Street police court on June 29th, when the magistrate, imposing a fine of 40s. with £5 5s. costs, informed counsel for the defence that he declined to reduce the amount on the ground that it was not the accused person but the trade union to which he belonged that was to pay; and whether he proposes to take any action in the matter.

*

My attention has not previously been called to the case. I have consulted the learned magistrate who tried the case, and he informs me that in fixing the costs he paid no regard to the question who would be responsible for their payment; but when the defending barrister protested against the costs on the ground that they were excessive for a poor man he replied that as the barrister was instructed by the Cab Drivers' Union it was probable that the expense would not fall on the defendant. The question of the amount of costs to be imposed in any given case is by law left to the discretion of the magistrate.

German Railway Statistics

I beg to ask the President of the Board of Trade if he is in a position to state what is the amount of national capital embarked in State railways in Germany, and what interest the net receipts return thereon; and further, what allowance is made from gross earnings for depreciation and sinking fund, as also how many miles of track are worked by the State, and how many passengers were carried last year, and what was the total tonnage of goods hauled.

According to the latest returns available (March, 1905) the amount of National capital embarked in State railways in Germany (including narrow gauge lines) was £686,300,000 and the percentage of net working; receipts to capital was 5·9 per cent. The ength of such railways was 31,600 miles, equivalent to a track mileage of about, 69,900 miles. The number of passengers carried in the year 1904–5 was 984,785,000, and the tonnage of goods, (inclusive of the weight of live stock) 382,203,000 tons. The net receipts of German State railways are paid into the Treasury and the published returns do not indicate any allowance for depreciation or sinking fund.

British Railway Statistics

I beg to ask the President of the Board of Trade what is the total private capital embarked in British railways; what interest the net receipts return thereon; and what allowance is made for depreciation and sinking fund; and also how many passengers were carried last year, and what was the total tonnage of goods hauled.

The railway companies are not required to state in their returns to the Board of Trade the amounts carried to depreciation and sinking fund accounts. As regards the other points mentioned, the total paid-up capital of British railways at the end of 1905 was £1,088,421,000; the proportion borne by the net receipts to the paid-up capital was approximately 4 per cent.; the number of passengers carried last year, exclusive of season ticket holders, was 1,197,502,000; and the total tonnage of goods hauled was 461,162,000 tons. The hon. and gallant Member will find this information, with other particulars, in the Return Cd. 2948, a copy of which I have caused to be sent to him.

Workmen's Trains

I beg to ask the President of the Board of Trade what stops he proposes to take to carry out the Reports of the Select Committee on Workmen's trains.

It would not be practicable to legislate on this subject during the present session; but the whole question is engaging my earnest attention. I have been in communication with the railway companies on the subject of recent complaints made. I propose to inform the House of the result when the Board of Trade estimates are reached.

Armagh Boiler Explosion

I beg to ask the President of the Board of Trade if any inquiry has been held into the cause of the explosion of the Great Northern Railway Company's (Ireland) locomotive engine boiler at Armagh, on May 16th last, when the engine-driver and fireman wore severely scalded; and whether he can say what was the cause of the firebox end of the boiler exploding.

The accident in question was reported to the Board of Trade. No formal inquiry has been held into it, but the Board have received from the railway company full particulars of the nature and causes of the accident. These particulars I shall be prepared to show to the hon. Member.

Metropolitan Asylums Board Hospital Regulations

I beg to ask the President of the Local Government Board whether he is aware that, although the rules of the Metropolitan Asylums Board strongly discountenance the making of personal inquiries at infectious hospitals by the friends of patients and state that all inquiries must be made in writing to the medical superintendent, delay frequently occurs in answering such inquiries, and information is not given either to the nearest relative or to the certifying medical attendant as to the diagnosis of the case after admission; whether he is aware of instances in which, from misunderstanding or ignorance of the rules, or other causes, relatives of patients receive no official information whatever during the whole period of detention of the patient; and whether, as the removal of patients is practically compulsory, he will cause a circular to be issued to the Metropolitan Asylums Board, and other similar authorities outside the London area, prescribing forms for brief reports to be sent to relatives at prescribed and frequent intervals, whether formally applied for or not, and for a report on the diagnosis and bacteriological examination of the case to be sent to the medical practitioner by whom the case was certified.

The managers of the Metropolitan Asylum District have, as I am informed, no reason to believe that delay frequently occurs in answering letters of inquiry concerning patients in their hospitals, nor have I received complaints on the subject. I understand that the certifying medical practitioner is always informed by the medical superintendent of the hospital when the latter does not agree with the certified diagnosis of the case. Notice of the arrival of a patient at a hospital of the managers is always sent to the parents or other nearest known relative or friend. Extracts from the Regulations are printed on the notice, and these show that inquiries as to the condition of the patient may be made in writing of the Medical Superintendant, who will send an early reply, and that, should the patient become dangerously ill, notice will be sent to the nearest known relative or friend with an intimation that the patient may be visited. I believe, too, that as regards the hospitals of local authorities outside London, it is the general rule to give notice where the patient is dangerously ill. As at present advised, I do not think there is sufficient ground for adopting the suggestion in the last part of the Question, which would involve considerable expense as well as labour to those concerned, I think that the object which my hon. friend has in view will be sufficiently met by the public attention which will be drawn to the matter by his Question.

Notification Of Infectious Outbreaks

I beg to ask the President of the Local Government Board whether he intends to suggest to the local authority concerned the desirability of taking legal action against the Metropolitan Asylums Board for omitting for fourteen days to notify the outbreak of enteric fever, in fact, until there had been more than fifty cases; and whether he can say why the Metropolitan Asylums Board did not use the ordinary test for enteric fever which would have taken but a few hours.

I am informed that the facts are not quite what my hon. friend supposes. I understand that the first notification of the cases of enteric fever at the Belmont Asylum was made twelve days after the earliest manifestation of illness amongst the inmates, and that the number of persons who had been then attacked was ten. At first the patients were supposed to be suffering from influenza. When, however, suspicion arose that the disease was enteric fever the necessary apparatus for applying the test referred to in the Question was obtained, and samples were sent to the bacteriological laboratory of the Asylums Board. On the same day that the real nature of the disease was ascertained as a, result of the bacteriological test notification was made. I do not propose to suggest to the local authority to take proceedings against the Asylums Board in the matter.

Is not twelve days a very long period to elapse before notifying a serious outbreak of this kind?

Yes, but I am informed that the Board will make the necessary arrangements to prevent the possibility of a recurrence of such delay.

Do I understand the right hon. Gentleman to say that the Board had not the necessary apparatus for applying the tests, but had to obtain it?

I do not think the Answer means that, for I believe they had the apparatus. Indeed, I am certain they had, but if the hon. Member will put down his Question I will inquire further.

Motor Car Fatalities

I beg to ask the President of the Local Government Board if his attention has been called to the death, from motor car accidents, of John Waterhouse, killed at Bamber Bridge June 29th; of a child, six years old, killed at Plymouth Juno 30th; of a girl killed at Battersea July 1st; and of a boy killed in Cambridgeshire July 3rd; and whether he proposes to take any steps to secure to local authorities fuller powers to control motor traffic within their respective areas.

My attention has not been called to the particular cases mentioned. The question as to what amendments, if any, should be made in the Motor Acts and the Regulations under them is included in the reference to the Royal Commission, and I believe that their Report will be made very shortly.

Is it intended to refuse the local authorities control over this traffic?

No, but I think it would be unwise and injudicious for us to make any alteration until the Commission has reported —which I hope it will do in a few days.

Are we to draw the inference that you will not sanction new regulations?

I do not think any such inference can be drawn from my Answer. All I suggest is that we should reserve these and other points until the Commission has reported.

Vaccination Fees

I beg to ask the President of the Local Government Board if his attention has been called to the existing scale of fees for primary vaccination by the several boards of guardians; and whether, in view of the financial burden imposed on them, he can take immediate steps to alter the scale of fees and cost of administration of the Vaccination Laws.

Yes, Sir, my attention has been called to this subject, and it is receiving my consideration at the present time

Instruction In Agriculture

I beg to ask the President of the Board of Education whether, with a view towards checking the migration from the land of its able-bodied population, he will consider the advisability of granting powers to the county education authority to liberate from school attendance, at the age of twelve, all boys who, with their parents' consent, wish to follow the pursuit of agriculture or horticulture as a means of livelihood, whereby they would gain on the land greater facilities for acquiring a more practical knowledge of their work than they could otherwise do by attending school where the instruction given can only be of a theoretical nature.

The local education authorities in rural districts already possess, and the great majority of them already use, very considerable powers of the kind desired by the hon. Member. I am informed that in about two-thirds of the rural areas of England and Wales children can leave school at twelve years of age on passing a standard well within the competence of the average child of that age. There are also special provisions, such as that which is known as the Robson By-law, which can be adopted with the same objects in rural areas. Moreover, the Board of Education are giving special attention to the improvement of practical instruction in rural schools, and to the improvement of special courses for teachers in rural elementary schools enabling them to give instruction specially suited to rural conditions. I do not think, therefore, that, until there has been time to gauge the effects of these recent developments, the Board or Parliament would be well advised to interfere further, in the direction suggested, with the work of our schools in rural areas.

Medical Inspection Of School Children

I beg to ask the President of the Board of Education whether Clause 35, sub-section (b), of the Education Bill empowers a local authority to arrange for the systematic inspection of children by medical officers appointed for that purpose; and, if so, whether, with the view of affording some guidance or assistance to the authorities adopting this clause, he contemplates the formation, of a medical department in connection j with the Education Board.

The Answer to the first part of the Question is in the affirmative. As regards the second part, I have nothing to add to the reply which I gave on June 14th to an identical Question put to me by the hon. Member for Merthyr Tydvil.†

Is it the intention of the Government to make it compulsory on the local authorities to appoint medical officers to inspect the children?

Teachers' Superannuation

I beg to ask the President of the Board of Education whether, in the event of a school becoming a State-aided, and non-rate-aided school, contemplated j under the amended form of Clause 4, the certificated teacher or teachers working in such school will be permitted to remain in recorded service under The Teachers' Superannuation Act, 1898.

Llanelian School Teacher

I beg to ask the President of the Board of Education whether the Denbighshire local education authority have declined to pay to the head teacher of Llanelian National School a salary which is, in the opinion of the Board of Education, adequate; and, if so, what steps the Board proposes to take in the matter.

The Answer to the first paragraph of the Question is in the affirmative; and to the second, that the matter has only just been brought to my notice, and I am now communicating with the local education authority upon the matter with a view to obtaining a satisfactory settlement.

† See (1) Debates, clviii., 1144.

State-Aided School Grants

I beg to ask the President of the Board of Education who will receive and administer grants payable to State-aided schools.

The persons recognised by the Board of Education as the responsible body of managers of the school will receive and administer the grants payable in respect of any State-aided school.

Teachers And Religious Instruction

I beg to ask the President of the Board of Education whether a teacher who has been permitted I to give and has undertaken to give special religious instruction under Clause 4 of the Education Bill may be dismissed if he afterwards refuses to give that instruction?

The various conditions under which a teacher's tenure of office might probably be brought to an end by a local authority which has appointed him would depend, presumably, upon the terms of his agreement or contract. It is therefore, quite impossible to give a general reply applicable to all such incidents in the future. But the correct reply to the point, which I imagine to be the real kernel of the hon. Member's Question, would seem to be that careful regard must be had to the provisions of Section 7 of the Bill in the drawing up and signing of any such agreement or contract whether by the applicant or by the appointing authority, so that there may be no infringement of the clause either in the terms of that document or in its enforcement should any such contingency arise as that suggested by the hon. Member.

Part Iii Of The Education Bill

I beg to ask the President of the Board of Education if it is proposed to omit any clauses in Part III. of the Education Bill?

The hon. Member will find on the Order Paper to-day Amendments in my name proposing the omission of Clauses 25, 30, and 34 of the Bill.

" Extended Facilities " Administration

I beg to ask the President of the Board of Education if he will explain the procedure to be followed by a local education authority where extended facilities are demanded, explaining in particular the number of public inquiries which should be held in order to ascertain whether a ballot is necessary; whether the results of the ballot have been vitiated by the unavoidable absence of some person entitled to vote; and whether further public school accommodation is desired by those who have asked for extended facilities.

I must refer the hon. Member to my reply to the hon. Member for Melton on July 2nd, to which I have nothing to add. †

I beg to ask the President of the Board of Education whether a vacancy in the teaching staff occurring in a school to which extended facilities have been granted, it will be permissible for the local education authority to take steps to ascertain that the teacher engaged to fill the vacancy is able or willing to give the special religious instruction allowed in that school.

If the word " whether " be substituted for the word "that," in the Question, after the word " ascertain," the Answer is in the affirmative, assuming State-aided schools to be excluded from consideration. But, if the word " that " be retained, and if I rightly interpret the purport of the hon. Member's Question in that shape, the Answer is in the negative.

Teachers' Undertakings

I beg to ask the President of the Board of Education how it is proposed to enforce the undertaking or contract of a teacher, express or implied, to give religious instruction, having regard to the words of Section 7 (1) of the Education Bill.

† See reply to Colonel Walker, Lancashire, Widnes ((4)Debates, clix., 1427).

It is no part of the duties of the Board of Education to arrange or to enforce contracts between teachers and the local authorities who appoint them, nor to give legal advice to either parties beforehand on the remedies open to them for breaches of contract. Presumably any contracts that are drawn in accordance with the law will be subject to the usual legal sanctions, and it will be for both parties to take care that no contracts are entered into which would be contrary to any provisions of the law in regard to what may and what may not in future properly be required as obligatory duties of candidates for teaching posts.

Are not existing contracts to be continued after the new Act comes into force?

I beg to ask the President of the Board of Education whether the agreement or minute of appointment under which teachers are now employed by local education authorities embodies or includes an undertaking to give religious instruction.

In the great majority of cases I believe such an undertaking, either express or implied, is included; but this is not necessarily the case, and no doubt there are many instances to the contrary.

Report Of The Royal Commission On London Traffic

I beg to ask the Secretary to the Treasury what was the cost to the country of printing, publishing, and circulating Volume 4, Appendices to the Report of the Royal Commission on London Traffic; and whether he will consider the possibility, in the interests of economy, of adopting some other method of publishing and making known this matter to persons interested.

The cost of printing, including paper, of the volume in question was £1,552. There are no special charges for publishing and circulation, as this work is let out to sale agents. I will reply to the last part of my hon. friend's Question in my Answer to his next Question.

I beg to ask the Secretary to the Treasury what was the total cost of the whole eight volumes of the London Traffic Commission Report and Appendices; how many copies were printed; how many were sold and what amount was received for them; how many were distributed officially; how many are left on hand; and what steps, if any, he proposes to take to prevent a repetition of such expenditure.

The cost for printing and paper of the whole eight volumes was £6,380. In addition, I am informed, the Ordnance Survey incurred expenditure in preparing and printing maps amounting to £1,400 to March 31st last. The number of copies of all the volumes printed is 14,000. Of these 4,022 have been sold up to date, and the net amount received for them, after deducting the sale agents' percentages, is £2,637. I think it would be premature for me to make any statement in reply to the last part of my hon. friend's Question until the Report has been issued of the Select Committee which is now considering the subject.

asked if the hon. Gentleman could state how many hon. Members cared to have their bookshelves littered with this rubbish.

I have no information at this moment, but if the hon. Member desires I will have steps taken to find out.

Fatal Accidents (Scotland) Bill

I beg to ask the hon. Member for North Norfolk, as Chairman of the Committee of Selection, whether it is proposed to transfer the fifteen Members already added to the Grand Committee on Law, in respect of the Fatal Accidents (Scotland) Bill, to the Grand Committee on Trade to which that Bill has now been transferred by Resolution of the House.

Yes, Sir, and the notices have been or will immediately be sent out.

Ceylon Pearl Fisheries

I beg to ask the Prime Minister whether, in view of the facts that the ex-Governor of Ceylon commenced the negotiations for a lease of the Ceylon pearl fisheries, that a lease was granted to a syndicate, of which the ex-Governor was a member, and by the syndicate sold to a company of which the ex-Governor is a shareholder and director, he will grant a full inquiry by Commission or otherwise into the whole circumstances, correspondence, and documents leading up to these transactions, by which the Ceylon Government have transferred to a private company a valuable property of the Colony for inadequate consideration.

THE PRIME MINISTER AND FIRST LORD OF THE TREASURY
(Sir H. CAMPBELL-BANNERMAN, Stirling Burghs)

In his dispatch of 9th May, which has been laid before the House, the Secretary of State, who is cognisant of the circumstances connected with the leasing of the fishery, has recorded the opinion that the lease appears to him to have been drafted with a sincere desire to safeguard to the utmost, the property and interests of the Colony. It has also been stated in the House that a careful study of the Papers shows that Sir West Ridge way acted throughout in good faith and with integrity. I therefore see no grounds for granting a special inquiry.

Scottish Supply

I beg to ask the Prime Minister whether, in view of the fact that the Foreign Office Vote occupied all the sitting last Thursday, he will find another day for Scotch Estimates.

I will see if it is in any way possible to give more time. But I am bound to say that I cannot hold out any very strong hopes of being able to do so.

Wireless Telegraphy Bill

I beg to ask the Prime Minister upon which day he proposes to take into consideration the Lords' Amendments to the Wireless Telegraphy Bill.

I cannot tell the hon. Member on what day these Amendments will be considered. I believe the hon. Member is not quite correct in speaking of " these Amendments." There is only one Amendment, to substitute " 9 " for " 15," orvice versaas the case may be—I forget for the moment.

Army Supply

I beg to ask the Prime Minister whether, considering the protracted character of speeches and the importance of the subject, he would allocate an additional day for the debate on the proposal of the Secretary of State for War.

Army Supply has already been discussed on five days this session, and I am afraid it is impossible to give a further day in addition to Thursday next.

Ulster Sermon At Belfast

I beg to ask Mr. Attorney-General for Ireland whether his attention has been called to a meeting in Ulster Hall, Belfast, on July 1st, and to a sermon delivered by the Reverend R. D. Patterson, who warned His Majesty that by his conduct to the Roman Catholic party since he came to the throne he had excited suspicion, alienated the affections, and strained the loyalty of thousands of his most valuable subjects, and that he must cease at once coquetting with the Church of Rome or else his throne would rock; and whether he proposes to take any action with regard to this sermon.

My attention has been called to a newspaper report of the sermon to which the hon. Member refers. If the reverend gentleman is correctly reported he appears to have made use of language of a most violent and disloyal character. I appreciate the horror and indignation with which my hon. friend naturally regards such language; and I sympathise with his evident desire that criminal proceedings should be taken against the reverend gentleman who uttered it. Having regard, however, to the fact that there is no serious risk, so far as I can judge, of any actual breach of the peace being provoked by the reverend gentleman's language, the Government does not propose to take any action in the matter.

Was this a meeting of 100 lodges of the Orange Society, and may this be taken as a sample of the loyalty of the so-called loyal minority?

Has the Attorney-General any authorised report of this sermon, or is his inference drawn from the Question due to the imagination of the hon. Member for East Clare?

I have seen no authorised report, inasmuch as no police were present at the meeting. I have only seen the newspaper report, and cannot say whether it is accurate or not.

asked was the right hon. Member aware that these blood-curdling proceedings ended with the singing of " God Save the King?

Was it not printed in several of the Dublin newspapers? Will the right hon. Gentleman take steps to ascertain whether it was a correct report, and will he bear in mind I was often put in gaol for nothing at all?

I read the report in theBelfast News Letter. I was not aware it had travelled so far as Dublin.

Will the right hon. Gentleman take care to send a police note-taker to future meetings of this kind?

[No Answer was returned.]

Kinvara Harbour

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the legal technicality between the Board of Agriculture and the Galway County Council, respecting certain works to be carried out in Kinvara Harbour, has been got over; and will he instruct the Department of Agriculture and the Congested Districts Board to write to the Galway County Council approving of the plans for the extension of the pier, submitted by the county surveyor, so that the contract may be given out at the next meeting of the county council, to be held on July 20th, with a view to starting the work early in August.

As I explained in my reply to the hon. Member's Question of June 21st, the legal difficulty is not one which concerns the contribution of the Department of Agriculture, but relates to the powers of the county council to contribute. The Government are advised that under the existing law the county council are not empowered to contribute so large an amount as is proposed in the present case. The question whether legislation may be necessary is under consideration.

Will the right hon. Gentleman instruct the Board of Works to utilise the unexpended moneys to enable the county council to do the necessary repairs?

It seems that the county council have no power to expend the money, and I have no control over the Board of Works. This matter is under the control of the Treasury, whose sanction must be obtained for the expenditure.

But was not a sum of £1,900 placed at the disposal of the Boards of Works to carry out certain repairs to this harbour; have they not still £550 in hand, and will the right hon. Gentleman instruct the Board to hand over the money to the county council?

I cannot answer as to the exact figures without notice, and I have told the hon. Member what my relations to the Board of Works are.

Will the right hon. Gentleman give this matter his close attention? It is really very hard on the people of this locality that the work of their little harbour should remain uncompleted because of the inaction of the Treasury.

Unfortunately the law will not permit the county council to do what it is willing to do.

Will you at once introduce legislation, giving the county council the necessary powers?

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Glenaboy Evicted Tenants

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have received a copy of a resolution passed by the people of the parish of Closetoken, Loughrea, requesting the Commissioners to communicate with the landlord of a small property in the parish, to wit, Colonel O'Hara, Glenaboy, Galway City, with a view of endeavouring to restore Mrs. Duffy or her next-of-kin to the holding out of which she was evicted some twelve years ago; and whether, seeing that the terms of agreement have been signed by the agricultural tenants to purchase their holdings, he will ask the Commissioners to accede at once to the prayer of the resolution and try and have this lady reinstated.

The Estates Commissioners inform me that they have received the resolution referred to. Mrs. Duffy's case has been noted and will be fully considered by the Commissioners when the owner of the estate institutes, as they understand he is about to do, proceedings for sale under the Irish Land Act, 1903.

Sale Of Intoxicating Liquors (Ireland) Bill

I beg to ask the hon. Member for South Belfast whether he means to proceed with his Sale of Intoxicating Liquors (Ireland) Bill, as amended by the Standing Committee on Trade?

the hon. Member is, no doubt, aware that the Bill was amended in Grand Committee on the lines of the compromise negotiated by the hon. Member for South Tyrone. I had no knowledge of the negotiations that took place, nor was I consulted. I was no party to the compromise, and when the Bill was before the Committee I stated clearly that I could not be bound in any way in regard to future legislation, but, at the same time, the arrangements come to were such that I could not take the responsibility of rejecting them and imperilling the Bill.

Is it not the fact that the Grand Committee were perfectly unanimous in this matter, and that not a single division was taken?

Yes, and it is that circumstance which caused me to refuse to take the responsibility of withdrawing the Bill; at the same time I strongly protested against the alterations.

Ireland And The Royal Commission On Canals

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether arrangements have been made to add a member to the Royal Commission on Canals in respect to the Irish portion of the subject which is being inquired into; and when will this appointment be made and -the name of the new Commissioner announced?

My right hon. friend has asked me to answer this Question. I am in communication with the Chairman of the Royal Commission on this subject, and hope to be able to give a definite reply before the House rises.

East India Revenue Accounts

Ordered, That the several Accounts and Papers which have been presented to the House in this Session of Parliament relating to the Revenues of India be referred

to the consideration of a Committee of the Whole House.—( Mr. Secretary Morley.)

Resolved, That this House will, upon Friday, 20th July, resolve itself into the said Committee.—( Mr. Secretary Morley.)

Reserve Forces Bill

Lords' Amendments to be considered forthwith; considered, and agreed to.— ( Mr. Secretary Haldane.)

Selection (Standing Committees)

Sir WILLIAM BRAMPTON GURDON reported from the Committee of Selection; That they had discharged the following Member from the Standing Committee on Law and Courts of Justice, and Legal Procedure, in respect of the Fertilisers and Feeding Stuffs Bill: Dr. Macnamara; and had appointed in substitution, Major Renton.

Report to lie upon the Table.

Butter Trade

Report from the Select Committee, with Minutes of Evidence, brought up, and read;

Report to lie upon the Table, and to be printed. [No. 245.]

New Bill

Irish Tobacco Bill

"To repeal the Law which prohibits the growing of Tobacco in Ireland," presented by Mr. William Redmond; supported by Sir Thomas Esmonde, Mr. Patrick O'Brien, Mr. Joyce, Mr. Hayden, Mr. Vincent Kennedy, and Mr. Charles Devlin; to be read a second time upon Monday next, and to be printed. [Bill 303.]

Education (England And Wales) Bill

Considered in Committee.

(In The Committee)

[Mr. EMMOTT (Oldham) in the chair.]

Clause 8:—

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moved to leave out the words in sub-section (a) " sufficient guarantee is given," and insert "they are satisfied that sufficient provision will be made." The hon. Member contended that the words of the section were too strong. A guarantee for five years was a very serious thing and might mean an expenditure of £500 or £1,000 during that period, which would be a severe strain; only the other Wednesday the Minister for Education said that he did not intend to require " guarantee" in the legal sense of the term, but only that the Commissioners should have a reasonable assurance that the school would be carried on.

Amendment proposed—

In page 5, line 19, to leave out the words 'sufficient guarantee is given, 'and insert the words 'they are satisfied that sufficient provision will be made.'"—(Mr. Cave.)

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

said he thought the word " guarantee" was sufficient. What they wanted to do was simply to bring before the minds of the Commissioners that they must have some good grounds to go upon that the school was going to be carried on for five years. It was not a long period, and what Parliament had done was to give an indication of their opinion. A general assurance was not sufficient; what the Commissioners had to consider was whether the proposals put before them amounted to a reasonable guarantee. He did not consider that the words proposed by the hon. Member would make things any bettor. The word " guarantee" brought to the minds of the Commissioners the very point the Government wished. They would not put any strict legal definition upon the word, but they would take care that a positive assurance would be given that the school should be carried on; he thought the words as they stood were-good words and should be retained.

pointed out that the sub-section enacted that a guarantee should be given. He wished to know by whom the guarantee would be given and in whose interests? He suggested that the right hon. Gentleman should select some words which. would reasonably satisfy the Commissioners and at the same time be more specific.

thought that the Minister for Education would be well advised in substituting the words " reasonable assurance," because the word " guarantee " was open to much misconstruction and misinterpretation by the Commissioners.

did not think they should insist upon so strong a word us " guarantee."

said that the word "guarantee" meant some promise which contained a legal obligation.

said that the Minister for Education had stated over and over again that the new court would fulfil the same functions as the Charity Commissioners and the Chancery Court, and would give their decisions upon the same principles. He had never heard that it was the principle of the Court of Chancery or of the Charity Commissioners to require guarantees for the fulfilment of the trusts so long as trusts were being fulfilled. It seemed to him that the whole sub-section really violated the principles laid down by the Minister for Education in his speeches. He urged the Minister in charge of the Bill to do every thing he could to mitigate the severity of the section, and suggested that he would be well advised to accept some words less rigid than the words which stood upon the Paper. The more the Bill was mitigated the more it would conform to the intentions expressed by the Minister for Education.

said that the object of the words was to afford the Commissioners reasons for determining what should comprise a sufficient guarantee. In his opinion the word " guarantee" was a very good one and quite adequate. Anyone who read this clause would see that the Commissioners had imposed upon them the legal obligation of making schemes, and if a trust was in anything like default and the trustees came to the Court of Chancery nothing would be easier than to require some assurance or guarantee that they were in a position to keep their word. The duties of the Commissioners ought not to be confounded in this way, and the people who said they were able to keep a school going for five years should be in a position to satisfy the Commissioners that they were able to do so.

Amendment negatived.

*

said a principle of great importance was involved in the Amendment which he proposed. It had been said of the right hon. Gentleman that the sub-sections were only illustrative or superfluous. But sub-section (a) was something more than this. The Minister for Education said the course followed by the Commissioners would be precisely that of any Court of Justice, but was it possible that such, a Court could hold that a proposal to carry on a trust in exactly the same way as it had been carried on before, with instruction precisely the same as from the beginning, was not carrying out the spirit of the trust? Was it a proper mode of giving effect to it when the only alternative means by which it could be effected was by requiring that the school should pass under an authority which was not in existence or even contemplated when the trust was founded It seemed to him that a sub-section like that was neither illustrative nor descriptive, and that it introduced into the action of the Commissioners a consideration of an entirely new kind which was subversive altogether of trusts, and one which no Court would ever be likely to follow in deciding what was or was not a proper means of giving effect to the trust. What did this guarantee which was to be demanded amount to? The President of the Board of Education said it was not to be too exactly defined and that it was not necessary for any rich men to give the guarantee, and that poor men would do quite as well. How was a guarantee which implied the supporting of a school at great expense for five years to be given without being backed by some man of means? What means had the parents for giving such a guarantee? If a school, say, of 100 scholars was to be carried on without rate aid or grant, the expenditure could not be less than £400 a year, and to guarantee that amount for five years was exacting something that had never before been exacted from any school in the past, and no school in the future could undertake to fulfil it. The homes of the children might be moved, there might be a great change in the population, the school might become useless, and then the guarantee would not only become useless, but impossible to fulfil. It really meant that they were imposing a condition which had never before been imposed upon a public elementary school in the country, and it was a condition which most school managers would declare was impossible of fulfilment. Was it the right hon. Gentleman's intention to stamp out of existence the voluntary schools, even in cases where they were asking for no help from the Parliamentary grant and no assistance from the rates? The President of the Board of Trade had told them " clericalism was the enemy," and they knew the source from which he got that phrase. Had the Minister for Education derived his inspiration from the same source? He thought the words he suggested were a better and a sounder alternative than the guarantee proposed' and he hoped they would be accepted.

Amendment proposed—

" In page 5, line 19, to leave out from the word ' sufficient,' to the word ' and,' in line 21, and insert the words ' evidence is furnished that such a proposal is in accordance with the wishes of the majority of the parents of children attending the school.' "—(Sir Herbert Craik.)

Question proposed, " That the words to the word 'for' in page 5, line 21 stand part of the clause."

reminded the Committee that Clause 1 placed certain obligations upon voluntary schools, and it was impossible to go back upon or disregard the principle laid down in that clause. The point they were now considering was that where a school could satisfy the Commissioners that it could keep its doors open for five years, it should be allowed to come under this sub-section. They were now considering the financial, not the educational position. The whole motive of this proposal was to substitute the wishes of the parents, and it was really irrele vant to sub-section (a). If the parents were in a position to promise financial support that might be sufficient, but the mere fact that the parents wished the schools to continue was not relevant to the matter with which they were now dealing. Therefore he could not accept the Amendment, which was inconsistent with the whole scope of Clause 1. A school had got to fulfil its trust as best it could, and the trustees might be bound by the decision of the Commissioners to transfer their school to the local authority as the only means of carrying out the trust. If the trustees were in a position to give a guarantee for the effective continuance of the school they would get the benefit of the clause. That was a financial consideration, and had nothing whatever to do with the wishes of the parents.

*

said the Amendment was intended to meet the case of schools which otherwise did not fall under this Bill at all. That being so, they were surely entitled to look to the circumstances and conditions of the case, and to ascertain not merely whether the financial position of the trustees was adequate, but also whether there was a general desire that the school should go on under the exceptional conditions created by the Bill. He thought this clause was not merely financial, but that it related to schools outside the purview of the rest of the Bill.

said the Commissioners were to be empowered to make a scheme with respect to the best mode in which effect could be given to the trusts of the schoolhouse in future, but they were not to be allowed to do so unless certain conditions were satisfied. That was to say, the Commissioners were not to give the best effect that could be given to the trusts unless " sufficient guarantee is given to the effective continuance of the school for a period of at least five years." That was a perfectly unreasonable doctrine. He could understand the Government saving that they were not to be allowed to carry on a school as a certified efficient school, even if it was the best way of carrying out the trusts, unless the parents wished it. That was the Amendment of his hon. friend. He did not understand why any question of five years should arise. It appeared to him that the continuance of the school was a matter which might well be left entirely to the trustees. The question whether the parents desired the school was one which the Commissioners might not—he did not know that they would be entitled to—consider in determining the best way of carrying out the purposes of the trusts.

asked whether the Committee were to understand that if the trustees of a school desired to carry it on without any aid from the State, and if the parents of a majority of the children attending the school also desired to carry it on without any aid from the State, it would not be possible to do so after this Bill passed.

AYES.

Acland, Francis DykeBurnyeat, J. D. W.Fowler, Rt. Hon. Sir Henry
Agnew, George WilliamBuxton, Rt. Hn. SydneyCharlesFuller, John Michael F.
Ainsworth, John StirlingByles, William PollardFullerton, Hugh
Alden, PercyCameron, RobertGibb, James (Harrow)
Ashton, Thomas GairCampbell-Bannerman, Sir H.Gill, A. H.
Asquith, Rt. Hon. HerbertHenryCarr-Gomm, H. W.Gladstone, Rt. Hn. HerbertJohn
Astbury, John MeirCheetham, John FrederickGlendinning, R. G.
Baker, Sir John (Portsmouth)Cherry, Rt. Hon. R. R.Gooch, George Peabody
Baker, Joseph A. (Finsbury, E.Churchill, Winston SpencerGreenwood, G. (Peterborough)
Balfour, Robert (Lanark)Clarke, C. GoddardGriffith, Ellis J.
Baring, Godfrey(Isle of Wight)Clough, W.Grove, Archibald
Parker, JohnCoats, Sir T. Glen(Renfrew, W.)Gulland, John W.
Barlow, Percy (Bedford)Collins, SirWm. J.(S. Pancras, W.)Gurdon, Sir W. Brampton
Barnard, E. B.Cooper, G. J.Hall, Frederick
Beale, W. P.Cornwall, Sir Edwin A.Harcourt, Rt. Hon. Lewis
Beauchamp, E.Cory, Clifford JohnHarmsworth, Cecil B. (Wore'r)
Beaumont, W. C. B. (Hexham)Cotton, Sir H. J. S.Hart-Davies, T.
Beck, A. CecilCowan, W. H.Harvey, A. G. C. (Rochdale)
Bellairs. CarlyonCraig, Herbert J.(Tynemouth)Haslam, James (Derbyshire)
Benn, W.(T'w'Harmlets, S. Geo.Cremer, William RandalHazel, Dr. A. E.
Bennett, E. N.Crombie, John WilliamHedges, A. Paget
Bertram, JuliusCrosfield, A. H.Henderson, Arthur (Durham)
Bethell, J. H. (Essex, Romford)Dalziel, James HenryHenderson, J.M.(Aberdeen, W.)
Bethell, T. R. (Essex, Maldon)Davies, M. Vaughan- (CardiganHenry, Charles S.
Billson, AlfredDavies, Timothy (Fulham)Herbert, Col. Ivor (Hon., S.)
Birrell, Rt. Hon. AugustineDickinson, W.H. (St. Pancras N.Herbert, T. Arnold (Wycombe)
Black, ArthurW.(Bedfordshire)Dilke, Rt. Hon. Sir CharlesHigham, John Sharp
Brace, WilliamDunne, MajorE. Martin(WalsallHobart, Sir Robert
Bramsdon, T. A.Edwards, Enoch (Hanley)Hobhouse, Charles E. H.
Branch, JamesEdwards, Frank (Radnor)Hope, John Deans (Fife, West)
Brocklehurst, W. D.Elibank, Master ofHope, W. Bateman(Somerset, N.
Brunner, J.F.L.(Lancs., Leigh)Ellis, Rt. Hon John EdwardHorniman, Emslie John
Bryce, Rt. Hn. James(AberdeenEvans, Samuel T.Howard, Hon. Geoffrey
Bryce, J. A. (Inverness BurghsEverett, R. LaceyHudson, Walter
Burns, Rt. Hon. JohnFerens, T. R.Illingworth, Percy H.

was given to the trusts, and in order to see that a school could be effectively carried on surely it was necessary to see that it would be effectively carried on for some time. If the trustees could snap their fingers and say, " We can get on without you, as our forefathers did," that was giving effect to the trust, and he did not think they should find fault. But it should be remembered that the local education authority had to consider the educational needs of the whole area, and that it had to satisfy itself that there was proper school accommodation for the whole of the children in the area. It was entitled to know what schools it could look to for performing this function. He did not think there was anything unreasonable in asking a sufficient guarantee for the effective continuance of the school for a period of five years.

Question put.

The Committee divided:—Ayes, 236; Noes, 120. (Division List No! 193.)

Jacoby, James AlfredNorton, Capt. Cecil WilliamStanley, Hn. A. Lyulph(Chesh.)
Jardine, Sir J.Paul, HerbertStrachey, Sir Edward
Jenkins, J.Paulton, James MellorStraus, B. S. (Mile End)
Johnson, W. (Nuneaton)Pearce, Robert (Staffs. Leek)Strauss, E. A. (Abingdon)
Jones, Sir D. Brynmor(SwanseaPearce, William (Limehouse)Stuart, James (Sunderland)
Jones, Leif (Appleby)Perks, Robert WilliamSummerbell, T.
Jones, William(Carnarvonshire)Philipps, J. Wynford(PembrokeTaylor, Austin (East Toxteth)
Jowett, F. W.Pickersgill, Edward HareTaylor, Theodore C. (Radcliffe)
Kearley, Hudson E.Price, C.E.(Edinburgh, Central)Tennant, SirEdward(Salisbury
Kekewich. Sir GeorgePrice, RobertJohn(Norfolk, E.)Tennant, H. J. (Berwickshire)
King, Alfred John (Knutsford)Priestley, W.E.B.(Bradford, E.)Thomasson, Franklin
Laidlaw, RobertRadford, G. H.Thorne, William
Lambert, GeorgeRainy, A. HollandTomkinson, James
Lamont, NormanRaphael, Herbert H.Torrance, Sir A. M.
Layland-Barratt, FrancisRees, J. D.Trevelyan, Charles Philips
Lea, Hugh Cecil (St. Pancras, E.)Rendall, AthelstanUre, Alexander
Lehmann, R. C.Richards, T.F.(Wolverh'mpt'n)Verney, F. W.
Levy, MauriceRickett, J. ComptonVivian, Henry
Lewis, John HerbertRobertson, Rt. Hn. E. (DundeeWalker, H. De R.(Leicester)
Lloyd-George, Rt. Hon. DavidRobertson. SirG. Scott(Bradf'rdWallace, Robert
Lough, ThomasRobertson, J. M. (Tyneside)Walton, Sir John L. (Leeds, S.)
Lupton, ArnoldRobinson, S.Walton, Joseph (Barnsley)
Lyell, Charles HenryRobson, Sir William SnowdonWard, John(Stoke-upon-Trent)
Macdonald, J. R. (Leicester)Roe, Sir ThomasWardle, George J.
Macdonald, J. M.(FalkirkB'ghsRogers, F. E. NewmanWarner, Thomas Courtenay T.
M'Callum, John M.Rowlands, J.Wason, Eugene (Clackmannan)
M'Kenna, ReginaldRunciman, WalterWason, John Cathcart(Orkney)
M'Laren, H. D. (Stafford, W.)Russell, T. W.Waterlow, D. S.
M'Micking, Major G.Samuel, Herbert L. (Cleveland)Whit bread, Howard
Maddison, FrederickScarisbrick, T. T. L.White, J. D. (Dumbartonshire)
Mansfield, H. Rendall (Lincoln)Schwann, C. Duncan (Hyde)White, Luke (York, E.R.)
Marnham, F. J.Schwann, Sir C. E.(Manchester)Whitley, J. H. (Halifax)
Massie, J.Scott, A.H.(Ashton under LyneWiles, Thomas
Masterman, C. F. G.Sears, J. E.Williams, J. (Glamorgan)
Menzies, WalterSeaverns, J. H.Williams, Osmond (Merioneth)
Molteno, Percy AlportSeely, Major J. B.Wills, Arthur Walters
Montagu, E. S.Shaw, Charles Edw. (Stafford)Wilson, Hon. C.H.W.(Hull, W.)
Morgan, G. Hay (Cornwall)Shipman, Dr. John G.Wilson, P. W. (St. Pancras, S.)
Morrell, PhilipSinclair, Rt. Hon. JohnWilson, W. T. (Westhoughton)
Morse, L. L.Sloan, Thomas HenryWoodhouse, SirJT(Hudd'rsfi'l d
Murray, JamesSmeaton, Donald MackenzieYoxall, James Henry
Myer, HoratioSoames, Arthur Wellesley
Nicholls, GeorgeSoares, Ernest J.TELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Nicholson, Chas. N.(DoncasterSpicer, Sir Albert
Norman, HenryStanger, H. Y.

NOES.

Abraham, William (Cork, N.E).Cecil, Lord John P. Joicey-Flynn, James Christopher
Acland-Hood, RtHn. SirAlex. F.Claney, John JosephForster, Henry William
Anson, Sir William ReynellCoates, E. Feetham(Lewisham)Ginnell, L.
Anstruther-Gray, MajorCondon, Thomas JosephGordon, SirW. Evans.(T'rHam)
Arnold-Forster, RtHn. HughO.Corbett, T. L. (Down, North)Halpin, J.
Ashley, W. W.Courthope, G. LoydHardy, Laurence (Kent, Ashf'rd
Balcarres, LordCraig, CharlesCurtis(AntrimS.Harrison-Broadley, Col. H. B.
Balfour, RtHn. A. J.(City Lond.)Craig, Capt. James (Down, E.)Hay, Hon. Claude George
Balfour, Capt. C. B. (Hornsey)Crean, EugeneHayden, John Patrick
Banbury, Sir Frederick GeorgeCullinan, .
.
Hazleton, Richard
Barrie, H. T. (Londonderry, N.)Delany, WilliamHeaton, John Henniker
Beach, Hn. MichaelHugh HicksDevlin, CharlesRamsay(GalwayHelmsley, Viscount
Bignold, Sir ArthurDixon-Hartland, SirFredDixonHill, Sir Clement (Shrewsbury)
Blake, EdwardDolan, Charles JosephHogan, Michael
Boland. JohnDonelan, Captain A.Kennedy, Vincent Paul
Bridgeman, W. CliveDouglas, Rt. Hon. A. Akers-Kenyon-Slaney, Rt. Hn. Col. W.
Bull, Sir William JamesDu Cros, HarveyKilbride, Denis
Burdett-Coutts, W.Duffy, William J.Lane-Fox, G. R.
Burke, E. Haviland-Duncan, Robert (Lanark, GovanLaw, Hugh A. (Donegal, W.)
Butcher, Samuel HenryFaber, George Denison (York)Lee, Arthur H. (Hants., Fareham
Carlile, E. HildredFell, ArthurLiddell, Henry
Carson, Rt. Hon. Sir Edw. H.Finch, Rt. Hon. George H.Lockwood, Rt. Hn. Lt.-Col. A.R.
Cave, GeorgeFlavin, Michael JosephLundon, W.
Cecil, Evelyn (Aston Manor)Fletcher, J. S.Lyttelton, Rt. Hon. Alfred

MacNeill, John Gordon SwiftO'Shee, James JohnTalbot, Lord E. (Chichester)
MacVeagh, Jeremiah (Down, S.Parker, SirGillbert(Gravesend)Talbot, Rt. Hn. J.G(Oxf'd Univ.
Magnus, Sir PhilipPease, HerbertPike (DarlingtonThomson, W. Mitchell- (Lanark
Marks, H. H. (Kent)Powell, Sir Francis SharpTurnour, Viscount
Mason, James F. (Windsor)Power, Patrick JosephValentin, Viscount
Meagher, MichaelRasch, Sir Frederic CarneWhite, Patrick (Meath, North)
Middlemore, JohnThrogmortonRawlinson, John Frederick P.Willoughby de Eresby, Lord
Mooney, J. J.Redmond, John E.(Waterford)Wilson, A. Stanley (York, E.R.)
Nolan, JosephRedmond, William (Clare)Wolff, Gustav Wilhelm
O'Brien, Patrick (Kilkenny)Remnant, James FarquharsonWortley, Rt. Hon. C. B. Stuart-
O'Connor, James(Wicklow, W.'Roberts, S. (Sheffield, EcclesallYoung, Samuel
O'Connor, T. P. (Liverpool)Ropner, Colonel Sir RobertYounger, George
O'Hare, PatrickSassoon, Sir Edward Albert
O'Kelly, James (Roscommon, N.Scott, Sir S. (Marylebone, W.)TELLERS FOR THE NOES—Sir Henry Craik and Lord Robert Cecil.
O'Kelly, Conor (Mayo, N.)Smith, Abel H.(Hertford, East)
O'Malley, WilliamSmith, F.E.(Liverpool, Walton
O'Mara, JamesSmith, Hon. W. F. D. (Strand)
O'Shaughnessy, P. J.Sullivan, Donal

said that the intention of this Bill seemed to be to destroy the Church schools, although not the Jewish, Roman Catholic, and very few of the Wesleyan schools. Clause 8 was aimed specially at Church schools, and it was because of the animus of hon. Gentlemen opposite they were to be destroyed. A five years guarantee was impossible. The amount of money to be given was too much. He had been told by an hon. Gentleman who sat below him and who was an expert, that it would mean £400,000 a year. Elderly men, who might be asked to give a guarantee, would die in the meantime, and the whole guarantee would be unsatisfied, and young men who had given a guarantee might emigrate. Five years was too large a part of a man's life for him to feel confidence in giving a guarantee to maintain the present management of a Church school for that period. Therefore he moved to substitute "one" for "five."

Amendment proposed—

" In page 5, line 21, to leave out the words 'five years ' and insert the words ' one year.' " —(Mr. Middlemore.)

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

said he was unable to agree with his hon. friend that a period of five years was too long as showing the amount of support which might be given by the neighbourhood to a particular school, nor could he believe that it was an impossible guarantee. It had not been suggested that the guarantee should be in the form of a sum named or anything of that kind. It was simply left to the Commission to satisfy themselves that there was a sufficient guarantee that the parents in the neighbourhood would continue to support the school in an efficient state. The guarantee of five years, he thought, did not go really beyond the necessities of the case. In fact, the Government had considered this point very carefully and some people thought that five years was too short a period. They must remember that the local authority had to consider the responsibility which was placed upon them and that they must know whether the school was likely to be continued to be supported.

*

said that this was only another instance of the way in which the Bill would affect injuriously the rural districts. In these districts it might be quite impossible to get more than one or two gentlemen to support a school continuously or for more than one year. He thought the right hon. Gentleman forgot that it was not a mere general assurance or general statement to the Commission which was required, but that a guarantee was to be given.

*

A sufficient guarantee for the effective continuance of the school for five years. Everybody knew that a guarantee was a technical term. He knew that it was sometimes used in a colloquial sense; but if the Commission acted with the powers of the Court of Chancery they would not use legal phraseology in that sense. The only persons who could give a guarantee would be very few, and he thought these persons would rather shrink from the term " guarantee." Nothing could happen under this clause unless demanded by the local education authority. Under these circumstances it would be exceedingly hard to insist upon this continuous assurance for five years, when they might get persons or bodies to give the guarantee from year to year. He admitted that the term of five years might not be excessive in urban districts where there were persons of wealth in considerable numbers who contributed to denominational schools, but he ventured to think that it was likely to impose very great hardship on the rural districts where there might be only one school to which the neighbourhood was attached and which might be continued if a large landowner in the neighbourhood were permitted to give an assurance for a year at a time, when he would not be likely to give it under the severe terminology of the clause.

said he would like the right hon. Gentleman to reconsider this question. If he could not agree to one year he might agree to three years, which he himself had ventured to suggest in an Amendment standing in his name. For himself he thought that if the Commission found that the school had been carried on efficiently, a guarantee for one year was quite as good as a guarantee for five years if there was evidence that there were really people of ability behind it. There were difficulties about a formal guarantee, and the piling up of conditions made it a formidable undertaking. In many rural districts where the owner of a property had only a title for life, he might be perfectly willing to give a guarantee for one year, but would hesitate to give a guarantee for five years. After all, these schools would have to be brought before the Commission by the local education authority, and he thought it would be rather unreasonable that the whole strength of the local education authority should be brought into force to make an additional barrier in the way of carrying on these schools. He pleaded with the right hon. Gentleman to accept the modified term of three years.

could not see why the Minister for Education should say that five years was of great importance Supposing the guarantee failed after one year, what would happen? Would anybody be sued? He could not see what the value of the five years guarantee would be, because, as he understood the Bill, if a school was not continued as efficient, the work of that school would not be a sufficient compliance with the Education Act, so that it would be no longer of any use as a public elementary school. It should be sufficient to have a guarantee renewed from year to year.

said he thought it would be a very serious thing for any person to give a guarantee for such a long period as five years. The liability to take on this responsibility for a period of five years might place the trustees in a very unfortunate position.

quite agreed that the sub-section did not give them very much, but they were trying to get what they could. Supposing a guarantee was given and it appeared that the school could be made an efficient school, and it paid to make it one then the local education authority was under a responsibility to take it over. Let the Committee consider the difficulty of the local education authority, if the guarantee was not forthcoming. They would be unable to ascertain their liabilities. This sub-section was not a protection of the local education authority at all because the local education authority might, if the guarantee after two or three years failed, find that the school was of no use, the children could no longer go to it, and they would be burdened with the responsibility of providing a site and buildings for themselves. It seemed to him important that the Commission should be able to protect the local authority against such a contingency. That was the reason why the Government had named a date, which would make the persons who wished to maintain their school as an efficient school see the responsibility they would assume, and make them come forward with such an amount of support as would satisfy the Commissioners that they would be able to keep their school going for five years. He thought the argument was in favour of retaining the words of the sub-section.

thought the remarks of the right hon. Gentleman threw a strong light upon the whole object and intention of the sub-section, which seemed to be to impose a fine upon particular trustees so that they should be forced to give up their trusts, in favour of the local authority, in order that the school might be carried on. Such a course would be a very gross injustice, and would be very hard upon voluntary schools. In the parallel case of a hospital supported by voluntary contributions; who could guarantee that those subscriptions would be continued for five years? The provision would impose a severe disability upon trustees which should not be imposed upon them except for an adequate cause. What was the adequate cause put forward in this case? Education would, he thought, suffer unless the proposal of his friend were accepted. Suppose the right hon. Gentleman, instead of insisting upon five years,

AYES.

Agnew, George WilliamBethell, T. R. (Essex, Maldon)Cheetham, John Frederick
Ainsworth, John StirlingBillson, AlfredCherry, Rt. Hon. R. R.
Alden PercyBirrell, Rt. Hon. AugustineChurchill, Winston Spencer
Ashton, Thomas GairBlack, ArthurW.(BedfordshireClarke, C. Goddard
Astbury, John MeirBrace, WilliamCleland, J. W.
Baker, Sir John (Portsmouth)Bramsdon, T. A.Clough, W.
Balfour, Robert (Lanark)Branch, JamesCoats, SirT. Glen(Renfrew, W.)
Baring, Godfrey(Isle of Wight)Brocklehurst, W. D.Cooper, G. J.
Barker, JohnBrooke, StopfordCorbett, CH(Sussex, E. Grinst'd
Barlow, Percy (Bedford)Brunner, J.F.L. (Lancs., Leigh)Cornwall, Sir Edwin A.
Barnard, E. B.Bryce, Rt. Hn. James(Aberdeen)Cory, Clifford John
Beale, W. I'.Bryce, J. A. (Inverness Burghs)Cotton, Sir H. J. S.
Beauchamp, K.Burns, Rt. Hon. JohnCowan, W. H.
Beaumont, W. C. B. (Hexham)Burnyeat, J. D. W.Craig, Herbert J.(Tynemouth)
Beck, A. CecilBuxton, Rt. Hn. SydneyCharlesCremer, William Randal
Bellairs, CarlyonByles, William PollardCrombie, John William
Benn, W.(Tow'rHamlets, S. Geo.Cameron, RobertCrosfleld, A. H.
Bennett, E. N.Causton. Rt. Hn. RickardKnightDalziel, James Henry
Bertram, JuliusChance, Frederick WilliamDavies, David(MontgomeryCo.)

assented to a proposal of one year, and at the end of two years it was found impossible for the philanthropists or parents in the neighbourhood to provide the accommodation, and they could not carry on the school. The Commission would then say that they must allow the local education authority to take over the school. Why not wait till that contingency happened? The right hon. Gentleman was really, by his own admission, trying to warp and pervert the practice of the Court of Chancery, which appeared so prominently in his speeches, by requiring the Court to impose an obligation which was absolutely of a destructive character. It was a fine so heavy that it could not be paid. It was a condition so onerous that it could not be complied with, and it was imposed because it could not be complied with and in order to drive the trustees into the arms of the local authorities. It was not justified in the interests of the children; it was not justified in the legitimate interests of the local authorities or the ratepayers; and it was profoundly injurious to the trustees.

wished to know why it was that in this particular kind of school a guarantee was to be exacted which was not exacted in regard to any of the existing certified schools.

Question put.

The Committee divided:—Ayes, 252;. Noes, 131. (Division List No. 194.)

Davies, M. Vaughan - (CardiganLaidlaw, RobertSamuel, Herbert L. (Cleveland
Davies, Timothy (Fulham)Lamb, Edmund G.(Leominster)Scarisbrick, T. T. L.
Dewar, John A. (Inveniess-sh.)Lambert, GeorgeSchwann, C. Duncan (Hyde)
Dickinson, W. H(St. Pancras, NLamont, NormanSchwann. Sir C.E. (Manchester)
Dickson-Poynder, Sir John P.Layland-Barratt, FrancisScott, A.H.(Ashton and. Lyne)
Dilke, Rt. Hon. Sir CharlesLea, HughCecil(St. Pancras, E.)Sears, J. E.
Dobson, Thomas W.Levy, MauriceSeaverns, J. H.
Dunn, A. Edward (Camborne)Lewis, John HerbertSeely, Major J. B.
Dunne, Major E. M. (Walsall)Lloyd-George, Rt. Hon. DavidShackleton, David James
Edwards, Clement (Denbigh)Lough, ThomasShaw, Charles Edw. (Stafford)
Edwards, Enoch (Hanley)Lupton, ArnoldShipman, Dr. John G.
Edwards, Frank (Radner)Lyell, Charles HenrySinclair, Rt. Hon. John
Elibank, Master ofMacdonald, J. R. (Leicester)Sloan, Thomas Henry
Ellis, Rt. Hon. John EdwardMacdonald, J. M.(FalkirkB'ghsSmeaton, Donald Mackenzie
Erskine, David C.Macnamara, Dr. Thomas J.Soames, Arthur Wellesley
Essex, R. W.M'Callum, John M.Soares, Krnest J.
Everett, R. LaceyM'Kenna, ReginaldSpicer, Sir Albert
Faber, G. H. (Boston)M'Laren, H. D. (Stafford, W.)Stanger, H. Y.
Ferens, T. R.M'Micking, Major G.Stanley, Hn. A. Lyulph(Chesh.)
Ferguson, R. C. MunroMaddison, FrederickStrachey, Sir Edward
Fowler, Rt. Hon. Sir HenryMansfield, H. Rendall (Lincoln)Strauss, B.S. (Mile End)
Fuller, John Michael F.Marnham, F. J.Strauss, E. A. (Abingdon)
Fullerton, HughMassie, J.Stuart, James (Sunderland)
Gibb, James (Harrow)Menzies, WalterSummerbell, T.
Gill, A. H.Moltono, Perce AlportTaylor, Austin (East Toxteth)
Gladstone. Rt. HnHerbertJohnMontagu, E. S.Taylor, Theodore C. (Radcliffe)
Glendinning, R. G.Morrell, PhilipTennant, Sir Edward(Salisbury
Gooch, George PeabodyMorse, L. L.Tennant, H. J. (Berwickshire)
Greenwood, G. (Peterborough)Murray, JamesThomas, Sir A. (Glamorgan, E.
Griffith, Ellis J.Myer, HoratioThomasson, Franklin
Grove, ArchibaldNapier, T. B.Thorne, William
Gulland, John W.Nicholls, GeorgeTomkinson, James
Gurdon, Sir W. BramptonNicholson, Chas. N. (Doncast'rTorrance, Sir A. M.
Hall, FrederickNorman, HenryTrevelyan, Charles Phillips
Harcourt, Rt. Hon. LewisNorton, Capt. Cecil WilliamUre, Alexander
Hardy, George, A. (Suffolk)Nuttall, HarryVerney, F. W.
Harmsworth, Cecil B.(Worc'r)O'Donnell, C. J. (Walworth)Vivian, Henry
Harmsworth, R.L(Caithn'ss shPaul, HerbertWalker, H. De R. (Leicester)
Hart-Davies, T.Paulton, James MellorWalton, Sir John L. (Leeds, S.)
Harvey, A. G. C. (Rochdale)Pearce, Robert (Staffs., Leek)Walton, Joseph (Barnsley)
Haslam, James (Derbyshire)Pearce, William (Limehouse)Ward, John(Stokeupon Trent)
Hazel, Dr. A. E.Perks, Robert WilliamWardle, George J.
Hedges, A. PagetPhilipps, J. Wynford (PembrokeWarner, ThomasCouitenayT.
Henderson, Arthur (Durham)Pickersgill, Edward HareWason, Eugene (Clackmannan)
Henderson. J.M.(Aberdeen, W.Price, C. E. (Edinb'gh, Central)Wason, John Cathcart(Orkney
Henry, Charles S.Price, Robert John(Norfolk, E.)Waterlow, D. S.
Herbert, Colonel Ivor(Mon., S.Priestley, W.E.B.(Bradford, E.)Whithread, Howard
Herbert, T. Arnold(Wycombe)Radford, G. H.White, J. D. (Dumbartonshire)
Higham, John SharpRainy, A. HollandWhite, Luke (York, E.R.)
Hobart, Sir RobertRaphael, Herbert H.Whitehead, Rowland
Hobhouse, Charles E. H.Rees, J. D.Whitley, J. H. (Halifax)
Hodge, JohnRendall, AthelstanWiles, Thomas
Hope, John Deans (Fife, West) Renton, Major LeslieWilliams, J. (Glamorgan
Hope, W. Bateman (Somerset, NRichards, T. F.(Wolverh'mpt'nWilliams, Osmond (Merioneth
Horniman, Emslie JohnRickett, J. ComptonWilliamson, A.
Howard, Hon. GeoffreyRoberts, Charles H. (Lincoln)Wills, Arthur Walters
Hudson, WalterRobertson, Rt. Hn. E.(Dundee)Wilson, Hon. C.H.W. (Hull, W.
Hyde, Clarendon Robertson, SirG. Scott(Bradf'rdWilson, P. W. (St. Pancras, S.)
Illingworth, Percy H.Robertson, J. M. (Tyneside)Wilson, W. T. (Westhoughton)
Jacoby, James AlfredRobinson, S.Wood, T. M'Kinnon
Jardine, Sir J.Robson, Sir William SnowdonWoodhouse, SirJ. T.(Huddersf'd
Jenkins, J.Roe, Sir ThomasYoxall, James Henry
Johnson, W. (Nuneaton)Rogers, F. E. NewmanTELLERS FOR THE AYES— Mr. Whiteley and Mr. J. A. Pease
Jones, Leif (Appleby)Rowlands, J.
Jones, William(CarnarvonshireRunciman, Walter
Russell, T. W.Kearley, Hudson E.

NOES.

Abraham, William (Cork, N.E.)Arkwright, John StanhopeBalcarres, Lord
Ambrose, RobertArnold-Forster, RtHn. HughO.Balfour, Rt. Hn. A.J.(CityLond.
Anson, Sir William ReynellAshley, W. W.Balfour, Capt. C. B.(Hornsey)
Anstruther-Grey, MajorAubrey-Fletcher, Rt. Hn. Sir H.Banbury, Sir Frederick George

Baring, Hon. Guy (Winchester)Forster, Henry WilliamO'Connor, T. P. (Liverpool)
Barrie, H. T. (Londonderry, N.Gibbs, G. A. (Bristol, West)O'Hare, Patrick
Beach, Hn. Michael Hugh HicksGinnell, L.O'Kelly, Jas. (Roscommon, N.)
Bignold, Sir ArthurGordon, SirW. Evans-(T'rHam.O'Maliey, William
Blake, EdwardHaddock, George R.O'Mara, James
Boland, JohnHalpin, J.O'Shaughnessy, P. J.
Bridgeman, W. CliveHardy, Laurence(Kent, Ashf'rd)O'Shee, James John
Bull, Sir William JamesHay, Hon. Claude GeorgeParker, SirGilbert(Gravesead)
Burdett-Coutts, W.Hayden, John PatrickPease, Herbert P. (Darlington)
Burke, E. Haviland.Hazleton, RichardPowell, Sir Francis Sharp
Butcher, Samuel HenryHeaton, John HennikerPower, Patrick Joseph
Carlile, E. HildredHelmsley, ViscountRasch, Sir Frederick Came
Carson, Rt. Hn. Sir Edward H.Hervey, F. W. F. (B my S. Edm'dsRedmond, John E. (Waterford)
Cave, GeorgeHill, Sir Clement (Shrewsbury)Redmond, William (Clare)
Cecil, Evelyn (Aston Manor)Hogan, MichaelRemnant, James Farquharson
Cecil, Lord John P. Joicey-Hunt, RowlandRoberts, S.(Sheffield, Ecclesall)
Cecil, Lord R. (Marylebone, E.Kennedy, Vineant PaulRopner, Colonel Sir Robert
Clancy, John JosephKenyon-Slaney, Rt. Hn. Col. W.Sassoon, Sir Edward Albert
Coates, E. Feetham(Lewisham)Kilbride, DenisScott, Sir S. (Marylebone, W.)
Condon, Thomas JosephLane-Fox, G. R.Smith, Abel H.(Hertford East)
Court hope, G. LloydLaw, Andrew Bonar (Dulwich)Smith, F.E.(Liverpool, Walton)
Craig, Charles Curtis(AntrimS.Law, Hugh A. (Donegal, W.)Starkey, John R.
Craig, CaptainJames(Down, E.)Lee, Arthur H. (Hants., FarehamSullivan, Donal
Craik, Sir HenryLiddell, HenryTalbot, Lord E. (Chichester)
Crean, EugeneLockwood, Rt. Hn. Lt.-Col. A.R.Talbot, Rt. HnJ. G.(OxfdUniv
Cullinan, .J.Long, Col. CharlesW.(EveshamThomson, W.Mitchell-(Lanark)
Delany, WilliamLundon, W.Thornton, Percy M.
Devlin, CharlesRamsayfGalwayMacNeill, John Gordon SwiftTurnout', Viscount
Dixon-Hartland, SirFredDixonMacVeagh, Jeremiah(Down, S.)Warde, Col. C E. (Kent, Mid.)
Dolan, Charles JosephM'Kean, JohnWhite, Patrick (Meath, North)
Donelan, Captain A.Magnus, Sir PhilipWilloughby de Eresby, Lord
Douglas, Rt. Hon. A. Akers-Marks, H. H. (Kent)Wilson. A. Stanley (York. E.R.)
Du Cros, HarveyMason, James F. (Windsor)Wolff. Gustav Wilhelm
Duffy, William J.Meagher, MichaelWortley, Rt. Hon. C. B. Stuart-
Duncan, Robert(Lanark, GovanMiddlemore, JohnThrogmortonWyndham, Rt. Hon. George
Faber, George Denison (York.)Mooney, J. J.Young, Samuel
Fell, ArthurMurphy, JohnYounger, George
Finch, Rt. Hon. George H.Nolan, Joseph
Flavin, Michael JosephO'Brien, Kendal(TipperaryMid.TELLERS FOR THE NOES—Sir Alexander Acland-Hood and Viscount Valentia.
Fletcher, J. S.O'Brien, Patrice (Kilkenny)
Flynn, James ChristopherO'Connor, Jas. (Wicklow, W.)

moved to leave out from " is" to " they," and insert " advisable," in order to protest against the wording of this sub-section, which seemed to him about the most satirical and cynical bit of printing he had ever read. The Government said they proposed to give effect to the trusts, and they proposed to give effect to them by abolishing them; they proposed to give effect to their affections by murdering the object of them. Why could not the Government say what they meant in plain words and save the Committee this al most Satanic cynicism. They were not going to give effect to the trusts in any legitimate way; they were going to abolish them, and the best way they could do that was to say so in plain and palpable language. The Government had adopted Dr. Clifford's policy; why did not they adopt his manly and straightforward attitude. Dr. Clifford—

hoped the hon. Member would make plain the relevancy of his remarks to the Amendment.

said he wished to protest against the cynical language of the clause. It had given him and others considerable pain. He did, however, now make his brief protest and would not make any further demand on the patience of the Committee.

Amendment proposed—

" In page 5, line 24, to leave out from the word ' is' to the word ' they,' in line 25, and to insert the word ' advisable.' " — (Mr. Middlemore.)

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

moved to leave out the word " best," and insert the word " only " in line 25. They were told that the object of this clause was only to deal with charitable trusts. That being so, the word " only " was, in his opinion, better than " best." The words would then read " only mode of giving effect to the trusts." He supposed the right hon. Gentleman would object to this Amendment; and if he did he (Lord Balcarres) hoped he would explain to what the word " best" was meant to apply, and thus aid the Committee to come to a decision.

Amendment proposed—

" In page 5, line 25, to leave out the word ' best.' and to insert the word 'only.'" — (Lord Balcarres.)

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

said the word best was employed to bring in the doctrine ofcypress. The Commissioners had to consider this problem. A school was governed by a particular trust to provide for the education of the children of a particular parish for ever. Then came difficulties as to finance. The trustees could not give the assurance required; they had no money; they had in the past carried on their trust with public money. Then came this legislation which put upon the Commissioners the task of determining whether or not the best way of carrying out the trust would not be to transfer the school to the public authority. That night not be the only way, but the best way. The word " best" simply enabled the Commissioners to apply the principle ofcypres if the best way of giving effect to the trusts was to transfer them.

*

said they started with the assumption that this was a mixed trust and that there were other things besides giving elementary education which the trustees had to do. Then came a conflict with the local authority which might have arisen in various ways as to the terms of taking over, and the local authority took the school before the Commission. Were the Commissioners to have no guidance whatever in considering these matters? Under the Act of 1902 when the Board of Education had to determine whether a school of this or that character was to be allowed they were told they had to consider the interests of the rate-payers, the area the school was to provide for, and the wishes of the parents. Did the word best include all or any of these things. What was the line they would have to take if they had to make a scheme for the school? It seemed to him that these different issues ought to be taken in the instructions to the Commissioners.

said he did not think on examination the Amendment of the noble Lord was a suitable Amendment at the moment, and he would ask his noble friend not to press it to a division. They had the assurance from the right hon. Gentleman that in the case of a mixed trust the Commissioners would not make a scheme at all.

said it was quite apparent, therefore, that the matter which the noble Lord tried to guard against really did not enter into consideration here at all. There might be the case of a mixed trust where the trustees of the school did not wish to raise the objection that it was a mixed trust, and in that case if it were best to carry the school on as a public elementary school the trustees might even be consenting parties to it; otherwise the trust might be left in a derelict form and of no use at all to the public. That would be somewhat of a misfortune to the public and the object of the trust. For that reason he did not think the noble Lord ought to press the Amendment. At the same time he failed to understand the reason the right hon. Gentleman had given for opposing the Amendment. It was the first time he had ever heard that the Court of Chancery could not carry out the doctrine ofcypres. He should have thought it was the very element of the case.

Then why put this in again if they have the power already to carry out thecypressdoctrine?

quite agreed that that was the object of the clause, but that was not the object of the word " best." If the word was not there at all, the object stated by the right hon. Gentleman would be secured. He could not help thinking the right hon. Gentleman was not candid in the matter.

I do not think anyone would accuse the right hon. Gentleman of being stupid.

said it was quite obvious that the Court of Chancery had the power of carrying out thecypressdoctrine, and what he really feared was that there was some hidden meaning behind this word " best." It seemed on the right hon. Gentleman's own argument to be absolutely unnecessary.

Amendment, by leave, withdrawn.

*

moved to leave out the words after " scheme" in line 26 and to insert words requiring the local education authority to comply with such conditions as to payment or otherwise not being inconsistent with the Act. He said he only desired the President of the Board of Education to carry out the undertaking he gave when he introduced the Bill. Under the clause as it stood the trustees of a school might endeavour to make an arrangement with the local authority under Clause 2, but negotiations having failed in attaining this object, the local authority might bring the trustees before the Commission—which he supposed would be ambulatory—and the Commission, having inspected the schools and taken evidence, might come to the conclusion that on the whole the arrangement proposed by the trustees was a suitable and equitable one in accordance with thecypressdoctrine. A scheme would accordingly be made, and up to that moment there was no reason to suppose it would not be carried into effect. But then the local authority might refuse to agree and the school might be left derelict. What the local education authority agreed to do came first in the clause, and what the Commission thought to be just came second, and that seamed to him to put the Commission in a somewhat inferior position to the High Court, because when the High Court made a scheme he did not suppose it was open to either party to snap their fingers at the Court simply because they did not approve of the entire scheme. He therefore asked the right hon. Gentleman to make the clause what he said the clause would be when he introduced the Bill, giving them clearly to understand that the local authority would be required to adopt the scheme which the Commission thought just, and which embodied what they considered to be the best mode of carrying out the trust.

Amendment proposed—

" In page 5, line 26, after the word ' scheme,' to insert the words ' require the local education authority to comply with such conditions as to payment or otherwise not being inconsistent with this Act.'"—(Sir William Anson.)

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

said he quite agreed that there was a point of substance in the Amendment. The condition of affairs was quite obvious under this clause. The local education authority had to take the trustees before the Commissioners either because of the terms, or in the event of the trustees being unwilling to be taken over, to ascertain whether or not the school was bound to be taken over owing to the nature of the trust. Therefore the matter rested entirely in the option of the local authority who, casting their eye abroad and fixing upon a school as being a desirable one for their educational system, accordingly endeavoured to come to terms. They might fail to do so, either because the trustees did not agree to the terms or because they objected to be taken over at all. On either one of these reasons, or because of both, they went before the Commissioners; he dared say the Commissioners would often visit the places, but it was not for him to say. He thought it would be unreasonable and unfair if, after the Commissioners had thrashed the whole matter out, and decided that the school was bound to be transferred, even against the will of the trustees or owners, and had fixed the terms, the local authority were to say, " We do not like these terms, and we will disregard them." He did not think that would be a satisfactory arrangement, and, without wishing to be reminded of anything he said before, he was quite desirous that this should be set right now. There were one or two words he would like an opportunity of adding on Report. Everyone desired that there should be as little litigation as possible, and that people should not come before the Commission and then discover what they might have known before, namely, that the trust was, for example, one of the alternative kind, over which the Commissioners had no real power. Therefore words ought to be inserted making it obligatory on the owners or trustees to give the local authority the opportunity of seeing the exact words of the trust, so that the owner might not be taken before the Commissioners ons peculation. He did not think this was a sort of tribunal that ought to be attended at great expense by great luminaries of the law. He hoped it would not become the scene of forensic eloquence and forensic costs. The matters with which it would have to deal were matters which could fairly be intrusted to the ordinary legal officers of the parties concerned and to the men of business connected with the local authorities. Consequently the authorities should be fully forewarned ' and forearmed. The proper course to adopt would be to omit the words " as may be agreed to by the local education authority and " in line 28 and the first word in line 29. The Clause would then read— "or other matters as the Commission think just." He thought that would fulfil his obligations and would also meet the justice and equity of the case. There was only one point which had occurred to him and that was the terms, and in regard to that matter he thought the local authority might very properly have a voice. Suppose the local authority wanted to take over the school for ten years and the Commission suggested fifteen or twenty years—that was a matter in which the local authority should not be bound by the view of the-Commission. On the question of rent, of course, the judgment of the Commission should be final, but the question of the term was one upon which the local authority ought not to be absolutely bound by the finding of the Commission. He intended to introduce words which would make it obligatory on both sides to disclose their case to each other and make known their points. Subject to that understanding he would move his Amendment.

said that in view of the statement of the right hon. Gentleman he would withdraw his Amendment.

Amendment, by leave, withdrawn.

Amendment proposed—

" In page 5, to leave out line 28, and the first word in line 29.''—(Mr. Birrel.)

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

expressed his satisfaction with the way in which the Minister for Education had carried out his promise. He entirely agreed with the right hon. Gentleman that there ought to be an elimination of all those matters which might render the proceedings before the Commissioners nugatory. The local education authority ought to put their points before the managers and the managers should produce their trust deeds. He did not think there should be any very expensive legal judgments, because the trusts were not in such a flourishing condition as to be able to spend large sums upon legal proceedings. He thought they ought to do everything they could to save as much of the trust funds as possible for the purposes of the trust.

also xpressed his satisfaction with the concession which had been made by the right hon. Gentleman.

was afraid the concession of the right hon. Gentleman was a rather serious curtailment of the power of the local authority. It seemed to be open to the objection that the voluntary school owners and managers might be taken by the local authority before the new tribunal, and after costs had been incurred terms for the use of the voluntary schools might be held to be equitable by the judicial Commission, which the local authority might find extremely onerous. It was manifest that the costs incurred by the local authority in bringing the voluntary school managers before the tribunal would be an unjust imposition even if proceedings were limited in the way which the Minister for Education fondly hoped would be the case. He doubted whether the hope of the right, hon. Gentleman that the legal fraternity would be excluded from these inquiries would be realised. He was afraid that the most acute legal minds would have to be brought to bear to interpret some of the clauses. What was the position of the local education authority in the presence of this Amendment? They were bound to accept the judgment of the judicial Commission for the taking over of these voluntary schools, and they might have to take them over on conditions which might prove onerous to the locality. They might even prefer to put up their own new school fitted with all modern requirements. Under these circumstances it would be infinitely better to make the local authority repay to the managers of those schools the costs of any such abortive inquiry. The local authority would be able to inspect the school deeds before they embarked upon the legal inquiry, and therefore under such circumstances it was quite reasonable that they should pay the cost of the inquiry. He did not think it was wise, in the interests of education, that the local authorities, come what might, should be forced to take over the schools even on the conditions which the Commissioners might determine. He earnestly hoped that the Government would in some way, provide that the power now possessed by the local authority in the Bill as drawn should not be taken away from them.

*

thought the Opposition would regret that this Amendment was ever put forward. The effect of it would be that in many places the local authorities would not bring the trustees before the Commission. By this clause the scheme of the Commissioners would have the effect of an Act of Parliament, without possibility of any review or appeal, and the local authority would be bound by whatever happened to be done by the scheme. The consequence would be that the local authority would much rather build a school of their own over which they would have complete control than take over a. voluntary school. He regretted that the clause as it originally stood had been marred in any particular.

*

said that in regard to material things it was quite reasonable that the local education authority, having taken unwilling trustees before the judicial Commissioners, should abide by their decision. Under the section as it, stood when the trustees had been before the Commissioners and a scheme had been drawn up, the local authority could say, " Yes, that scheme seems reasonable and we will accept it." But by the concession which had now been made that power was taken out of the hands of the local authority. When they talked of " payment or other matters " it seemed to him rather important that they should know precisely what those other matters were, and how far the powers of the Commissioners were to go in regard to them. Before this concession was made this was immaterial from the public point of view, because the authority could refuse to take the school over, but now they would have to accept the scheme and therefore they ought to know exactly what responsibility was involved in taking the trustees of a school before the Commissioners. There was a danger that unless the local education authorities were quite clear as to the responsibility they were incurring they would be very unwilling to take trustees before the Commission at all for the purpose of getting schemes drawn up. He appealed to the Minister for Education to consider whether the words " other matters" should not be more carefully defined in order that local authorities might know where they stood.

said the scheme contemplated under Clause 8 was a substitute for the voluntary agreement under Clause 2. The "other matters" contemplated were the rent, the term of years, it might be the time of day when the schoolhouse would be required, and things of that kind. His hon. friend was a little anxious about the " facilities." He himself did not see that the facilities had anything whatever to do with the matter. The facilities referred to were those given by the Act, and the Commissioners would have no power to extend them for denominational teaching beyond what was contemplated and proposed by the Act itself. He thought there was no occasion for the local authority to be nervous as to the terrible things that this Commission might impose upon them, because nothing would be imposed on them that was not within the direct legal authorisation of the Act. He deprecated anything being put in the Bill which would interfere with the local authorities desiring to take schools over which they thought fitted in with their educational schemes. The religious facilities contemplated by the Act were the only facilities which the Commissioners would impose on them.

Question put, and agreed to.

*

moved to leave out " or repair" and insert " enlargement or improvement" in line 31. He said the sub-section provided that in fixing the payment for the use of the school the Commissioners were to have regard to the grants or assistance, if any, received from public funds towards the building of repair of the schoolhouse. He did not himself consider that any deduction ' should be made for building grants, but in any case he thought the provision should be confined to capital expenditure, and should not extend to expenditure on ordinary repairs. Under the Act of 1902 the local authorities had been paying for the ordinary wear and tear of the non-provided schools. The effect of the Bill would be that the cost of these repairs would be charged against the schools and deducted from any payment which the owners of the schools would otherwise have when taken over. To make a charge of that kind was not, he thought, a businesslike manner of dealing with the question. Personally, he objected to the whole clause, but he submitted that, at all events, the Amendment he now proposed should be made."

Amendment proposed—

" In page 5, line 31, to leave out the words ' or repair,' and to insert the words ' enlargement or improvement.' ''—(Mr. Cave.)

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

said he quite agreed that the words to which the hon. Member objected were not the proper words to use. The proper words were those which were to be found in Section 96 of the Act of 1870, namely, " enlarging, improving, or fitting up." He asked the hon. Member whether he would move the insertion of these words.

*

objected to the words "fitting up," and adhered to his proposal that the words inserted should be " enlargement or improvement," and not " enlarging or improving."

asked the Minister for Education whether the " public funds " referred to in the sub-section would cover monies which had been received by many of these voluntary schools from public corporations which gave donations and subscriptions simply to keep out school boards. In towns like Crewe, Rugby, and Ashford these enlargements and improvement of voluntary schools had been largely provided out of subscriptions from the railway companies given simply to keep down the rates. It would be very unjust if the Commissioners in settling the rent to be paid for the voluntary schools were told that they must only have regard to monies arising from public funds. " Public funds " was not defined in the Bill, and he wished to know whether it included subscriptions from these corporations.

said he did not think it was possible for Parliament to inquire into the motives which induced these railway companies or any other subscribers to give to any fund. A great many public bodies conceived it to be part of their duty to provide education for the children of their employees and he thought it would be an impossible task—although the attempt would be one which his analytical mind would greatly enjoy—to ascertain the precise motive which induced either corporations or individuals to give millions or smaller sums. It was perfectly true there were towns where railway companies had subscribed funds for this particular purpose, but it would be impossible to treat their subscriptions as public funds within the meaning of the Act. He was obliged, therefore, to answer the Question in the negative.

*

asked the Minister for Education whether the words " fitting up " should not also be included in the Amendment. He was not sure that the case was met by the words " enlargement or improvement." If money had been spent in "fitting up" it seemed fair that it should be reckoned. He moved as an Amendment to the Amendment the addition of the words " fitting up."

Amendment proposed to the proposed Amendment—

"At end to add 'or fitting up.'"—(Mr. Leif Jones.)

Question " That those words be there added," put, and agreed to.

Main Question, as amended, put, and agreed to.

*

moved an Amendment providing that the Commission, in making an arrangement for the transfer of a schoolhouse to the local authority, should consider the grants or assistance received from public funds towards the building or repair of the schoolhouse "and the dates at which such grants or assistance were received." He pointed out that in old days ' the grants to supporters of voluntary-schools were given under something of the nature of a contract. There was a condition that the promoters of the school should expend a similar amount, and when this had been done, there was no obligation remaining on one side or the other. Moreover, the amount paid by the Government for building Church of England schools was about £1,500,000, whereas the amount contributed by the friends of Church of England schools had exceeded £20,000,000. The beginning of building grants on a scale worthy of consideration was in 1840; and having regard to the deterioration of buildings which must, occur in sixty-five years it seemed to him most unjust to refer back to grants given at or near that period. Moreover, they knew what strong pressure had been put, and in his opinion rightly put, on the managers of schools by his hon. friend Mr. Acland, to improve their buildings, especially in regard to cloak-rooms, class-rooms and out offices. In consequence of such demands very large sums had been expended, and the charges made were in some instances so great that the old buildings might really be said to have disappeared. He did not think the Government meant to act unjustly, but unless there was direction given to the Commissioners that they should take into consideration the dates as well as the amounts of grants, great injustice and great wrong would be done.

Amendment proposed—

"In page 5, line 32, after the word 'school-house,' to insert the weds 'and the dates at which such grants or assistance were recived.''—(Sir Francis Powell.)

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

said that the Commissioners were directed in very general terms to take into consideration the whole circumstances; and he thought it would be very undesirable to give too minute directions in that regard.

*

said that the question was whether they would do that without a direction in the statute.

said the words, "that the use of the schoolhouse for the purpose of a public elementary school by the local education authority" were sufficient to show that the Commissioners would consider the amount of the grant and all the circumstances under which the grant was made, and the present value of the school. It would be inadvisable to enter into too minute details in the clause of the Bill, and he thought the general expression was sufficient.

said the only objection which the hon. and learned Gentleman had made to accepting the Amendment was that it would encumber the clause; but even if the Amendment were accepted it would not unduly overburden the clause, and he thought the Commissioners would be able to master its contents. At any rate they would be making it clear that not only the amount but the date of the grants should be taken into consideration.

hoped the Government would accept the words. He understood the Solicitor-General to say that this sub-section directed the Commissioners not only to take into consideration the amount of the grants but all the circumstances under which they were made. The clause as it stood said that the Commissioners were to consider " the grants," not the circumstances under which they

AYES.

Abraham, William (Cork, N.E.)Butcher, Samuel HenryDuffy, William J.
Acland-Hood, Rt. HnSirAlexF.Carlile, E. HildredDuncan, Robert(Lanark, Govan
Ambrose, RobertCarson, Rt. Hon. Sir Edw. H.Faber, George Denison (York)
Anson, Sir William ReynellCavendish, Rt. Hon. VictorC. W.Fell, Arthur
Anstruther-Gray. MajorCecil, Evelyn (Aston Manor)Finch, Rt. Hon. George H.
Arkwright, John StanhopeCecil, Lord John P. Joicey-Flavin, Michael Joseph
Arnold-Forster, Rt. Hn. HughO.Cecil, Lord R. (Marylebone, E.)Fletcher. J. S.
Ashley, W. W.Clancy, John JosephFlynn, James Christopher
Aubrey-Fletcher, Rt. Hn. SirH.Coates, E. Feetham(Lewisham)Forster, Henry William
Balcarres, LordCochrane, Hon. Thos. H. A, E.Gardner, Ernest (Berks, East)
Balfour, RtHn. A.J.(CityLond.)Condon, Thomas JosephGibbs, C. A. (Bristol, West)
Balfour, Capt. C. B. (Hornsey)Courthope, G. LoydGinnell, L.
Banbury, Sir Frederick GeorgeCraig, CharlesCnrtis(AntriniS.Gordon. Sir W. Evans(T'rHam.
Baring, Hon. Guy (Winchester)Craig, CaptainJanies(Down, E.Haddock, George R.
Beach, Hn. Michael Hugh HicksCraik, Sir HenryHalpin, J.
Bignold, Sir ArthurCrean, EugeneHardy, Laurence(Kent, Ashford
Blake, EdwardCullinan, J.Hay, Hon. Claude George
Boland, JohnDelany, WilliamHayden, John Patrick
Bowles, G. StuartDevlin, Chas. Ramsay (GalwayHazleton, Richard
Boyle, Sir EdwardDixon-Hartland, SirFredDixonHeaton, John Henniker
Bridgeman, W. CliveDolan, Charles JosephHelmsley, Viscount
Bull, Sir William JamesDonelan, Captain A.Hervey, F.W.F.(BuryS. Edm'ds
Burdett-Coutts, W.Douglas, Rt. Hon. A. Akers-Hill. Sir Clement(Shrewsbury)
Burke, E. Haviland-Du Cros, HarveyHills, J. W.

were made. He could not suppose that there would be any general objection to adding the words " and all other circumstances affecting the grants." The Amendment of his hon. friend or those he suggested would only give effect to what the Solicitor-General had stated.

hoped that the Government would undertake to consider this question before the Report stage.

said that the meaning was sufficiently clear already. If they stated one circumstance they would have to state all. The general reference was sufficient.

could not see what harm there would be in inserting words in the Bill enabling the Commissioners to consider the whole matter.

said the Commissioners were given a discretion which was indicated by the fact that they might take into view " such other circumstances as may in their opinion properly be considered."

Question put.

The Committee divided:—Ayes, 152; Noes, 304. (Division List No. 195.)

Hogan, MichaelMildmay, Francis BinghamRopner, Colonel Sir Robert
Hornby, Sir William HenryMooney, J. J.Rutherford, John (Lancashire)
Houston, Robert PatersonMurphy, JohnSassoon, Sir Edward Albert
Hunt, RowlandNicholson, Wm. G.(Petersfield)Scott, Sir S. (Marylebone, W.)
Kennaway, Rt. Hon. SirJohnH.Nield, HerbertSmith, Abel H.(Hertford, East)
Kennedy, Vincent PaulNolan, JosephSmith, F. E.(Liverpool, Walton
Kenyon-Slaney, Rt. Hon. Col. W.O'Brien, Kendal (Tipperary, MidSmith, Hon. W. F. D. (Strand)
Keswick, WilliamO'Brien, Patrick (Kilkenny)Starkey, John R.
Kilbride, DenisO'Connor, James (Wicklow. W.)Sullivan, Donal
Lambton, Hon. FrederickWm.O'Connor, John (Kildare, N.)Talbot, Lord E. (Chichester)
Lane-Fox, G. R.O'Connor, T. P. (Liverpool)Talbot, Rt. Hn. J.G.(Oxf'dUniv.
Law, Andrew Bonar(Dulwich)O'Hare, PatrickThomson, W. Mitchell-(Lanark)
Lee, Arthur H.(Hants, FarehamO'Kelly, Conor (Mayo. N.)Thornton, Percy M.
Liddell, HenryO'Kelly, James(Roscommon ,N.Turnour, Viscount
Lockwood. Rt. Hn. Lt.-Col. A.R.O'Malley, WilliamValentia, Viscount
Long, Col. CharlesW.(EveshamO'Mara, JamesWalrond, Hon. Lionel
Lonsdale, John BrownleeO'Shaughnessy, P. J.Warde, Col. C. E. (Kent, Mid).
Lundon, W.O'Shee, James JohnWhite, Patrick (Meath, North)
Lyttelton, Rt. Hon. AlfredParker, Sir Gilbert (Gravesend)Wilson, A. Stanley (York, E.R.)
MacNeill, John Gordon SwiftPease, HerbertPike(DarlingtonWolff, Gustav Wilhelm
MacVeagh, Jeremiah(Down, S.Power, Patrick JosephWortley, Rt. Hon. C.B. Stuart.
M'Iver, SirLewis(EdinburghW.Rasch, Sir Frederic CarneWyndham, Rt. Hon. George
M'Kean, JohnRawlinson, John Frederick P.Young, Samuel
Magnus, Sir PhilipRedmond, John E. (Waterford)Younger, George
Marks, H. H. (Kent)Redmond, William (Clare)
Mason, James F. (Windsor)Remnant, James FarquharsonTELLERS FOR THE AYES—Sir Francis Powell and Mr. Cave.
Meagher, MichaelRoberts, S.(Sheffield, Ecclesall)
Middlemore, JohnThrogmortonRoche, John (Galway, East)

NOES.

Acland, Francis DykeBryce, Rt. Hn. Jas. (Aberdeen)Dunn, A. Edward (Camborne)
Adkins, W. RylandBryce, J. A. (Inverness Burghs)Dunne, Maj. E. Martin (Walsall
Agnow, George WilliamBuchanan, Thomas RyburnEdwards, Clement (Denbigh)
Ainsworth, John StirlingBuckmaster, Stanley O.Edwards, Enoch (Hanley)
Alden, PercyBurnyeat, J. D. W.Edwards, Frank (Radnor)
Allen, A. Acland (Christchurch)Burt, Rt. Hon. ThomasElibank, Master of
Armitage, R.Buxton, Rt. Hn. Sydney Chas.Ellis, Rt. Hn. John Edward
Ashton, Thomas GairByles, William PollardErskine, David C.
Asquith, Rt. Hn. Herbert HenryCameron, RobertEssex, R. W.
Astbury, John MeirGarr-Gomm, H. W.Everett, R. Lacey
Baker, Sir John (Portsmouth)Causton, Rt. Hn. Richard K.Faber, G. H. (Boston)
Balfour, Robert (Lanark)Cheetham, John FrederickFen wick, Charles
Baring, Godfrey (Isle of Wight)Cherry, Rt. Hon. B. R.Ferens, T. R.
Barker, JohnChurchill, Winston SpencerFiennes, Hon. Eustace
Barlow, Percy (Bedford)Clarke, C. GoddardFoster, Rt. Hon. Sir Walter
Barnard, E. B.Cleland, J. W.Fowler, Rt. Hon, Sir Henry
Beak, W. P.Clough, W.Fullerton, Hugh
Beauchamp, E.Clynes, J. R.Gibb, James (Harrow)
Beaumont, W. C. B. (Hexham)Coats, Sir T. Glen (Renfrew, W.Gill, A. H.
Beck, A. CecilCobbold, Felix ThornleyGladstone, Rt. Hn. Herb. John
Bell, RichardCollins, Stephen (Lambeth)Glendinning, R. G.
Bellairs, CarlyonCollins, SirWmJ. (S. PancrasWGooch, George Peabody
Benn, W.(T'w'rHamlets, S. Geo.Copper, G. J.Greenwood, G. (Peterborough)
Bennett, E. N.Corbett, C.H.(Sussex, EGrinst'dGreenwood, Hamar (York)
Berridge, T. H. D.Cornwall, Sir Edwin A.Grey, Rt. Hon. Sir Edward
Bertram, JuliusCory, Clifford JohnGriffith, Ellis J.
Bethell, J. H. (Essex, Romford)Cotton, Sir H. J. S.Grove, Archibald
Bethell, T. R. (Essex, Maldon)Cowan, W. H.Gull and, John W.
Billson, AlfredCraig, Herbert J.(Tynemouth)Gurdon, Sir W. Brampton.
Birrell, Rt. Hon. AugustineCremer, William RandalHall, Frederick
Black, Alexander Win. (Banff)Crombie, John WilliamHarcourt, Right Hon. Lewis
Black, Arthur W. (Bedfordsh.Crossfield, A. H.Hardy, George A. (Suffolk)
Bolton, T. D. (Derbyshire, N. E.Davies, David(MontgomeryCo.Harmsworth, Cecil B. (Wore'r)
Boulton, A. C. F. (Ramsey)Davies, M. Vaughan (CardiganHarmsworth, R. L.(Caithn's-ssh
Brace, WilliamDavies, Timothy (Fulham)Hart-Davies, T.
Bramsdon, T A.Davies, W. Howell (Bristol, S.)Harvey, A. G. C. (Rochdale)
Branch, JamesDewar, John A. (Inverness-sh.Haslam, James (Derbyshire)
Brocklehurst, W. D.Dickinson, W.H. (St. Paenras, N.Haslam, Lewis (Honmouth)
Brodie, H. C.Dickson-Poynder, Sir John P.Hazel, Dr. A. E.
Brooke, StopfordDilke, Rt. Hon. Sir CharlesHenderson, Arthur (Durham)
Brunner, J.F. L. (Lanes. Leigh)Dobson, Thomas W.Henderson, J.M.(Aberdeen, W.)
Brunner, Sir J. T. (Cheshire)Duncan, J. H. (York, Otley)Henry, Charles S.

Herbert, Colonel Ivor (Mon. S.Mond, A.Silcock, Thomas Ball
Herbert, T. Arnold (Wycombe)Morley, L.G. ChiozzaSinclair, Rt. Hon. John
Higham, John SharpMontagu, E. S.Sloan, Thomas Henry
Hobart, Sir RobertMorgan, G. Hay (Cornwall)Soames, Arthur Wellesley
Hobhouse, Charles E. HMorgan, J. Lloyd (Carmarthen)Soares, Ernest J.
Hodge, JohnMorley, Rt. Hon. JohnSpicer, Sir Albert
Holland, Sir William HenryMorrell, PhilipStanger, H. Y.
Hope, John Deans (Fife, West)Morse, L. L.Stanley, Hn. A. Lyulph (Chesh)
Hope, W. Bateman(Somerset, N.Murray, JamesStrachey, Sir Edward
Horniman, Emslie JohnMyer, HoratioStraus, B. S. (Mile End)
Howard, Hon. GeoffreyNapier, T. B.Strauss, E. A. (Abingdon)
Hudson, WalterNicholls, GeorgeStuart, James (Sunderland)
Hyde, ClarendonNicholson, Chas. N. (DoncasterSummerbell. T.
Illingworth, Percy H.Norman, HenryTaylor, Austin (East Toxteth)
Isaacs, Rufus DanielNorton, Capt. Cecil WilliamTaylor, John W. (Durham)
Jackson, R. S.Nuttall, HarryTaylor, Theodore C. (Radcliffe))
Jacoby, James AlfredO'Donnell, C. J. (Walworth)Tennant, Sir Edw. (Salisbury)
Jardine, Sir J.O'Grady, J.Tennant, H. J. (Berwickshire)
Jenkins, J.Paul, HerbertThomas, Sir A. (Glamorgan, E)
Johnson, W. (Nuneaton)Paulton, James MellorThomasson, Franklin
Jones, Leif (Appleby)Pearce, Robert (Staffs. Leek)Thompson, J.W.H.(Somerset, E
Jones, Wm. (Carnarvonshire)Pearce, William (Limehouse)Thorne, William
Jowett, F. W.Perks, Robert WilliamTomkinson, James
Kearley, Huason E.Philipps, Col. Ivor(S'thampton)Torrance, Sir A. M.
Kekewich, Sir GeorgePhilipps, J. Wynford(PembrokeToulmin, George
Kincaid-Smith, CaptainPickersgill, Edward HareTrevelyan, Charles Philips
King, Alfred John (Knutsford)Price, C. E. (Edinb'gh, CentralUre, Alexander
Laidlaw. RobertPrice, Robert John (NorfolkE.Verney, F. W.
Lamb, Edmund G.(Leominster)Priestley, W. E.B. (Bradford, E.Vivian, Henry
Lamb, Ernest H. (Rochester)Radford, G. H.Walker, H. De R. (Leicester)
Lambert, GeorgeRainy, A. RollandWallace, Robert
Lamont, NormanRaphael, Herbert H.Walton, Sir J. L. (Leeds, S.)
Layland-Barratt, FrancisRees, J. D.Walton, Joseph (Barnsley)
Lea, Hugh Cecil(St. Pancras, E.Rendall, AthelstanWard, John (Stoke-upon-Trent
Leese, SirJosephF.(Accrington)Renton, Major LeslieWardle, George J.
Lehmann, R. C.Richards, T.F. (Wolverh'mpt'nWarner, Thomas Courtenay T.
Lever, W.H. (Cheshire, Wirral)Roberts, Chas. H. (Lincoln)Wason, Eugene (Clackmannan)
Levy, MauriceRoberts, G. H. (Norwich)Wason, John Cathcart(Orkney)
Lewis, John HerbertRobertson, Rt. Hn. E.(Dundee)Waterlow, D. S.
Lloyd-George, Rt. Hon. DavidRobertson, SirGScott(Bradf'rdWhite, J. D. (Dumbartonshire)
Lough, ThomasRobertson, J. M. (Tyneskle)White, Luke (York, E.R.)
Lupton, ArnoldRobinson, S.Whitehead, Rowland
Luttrell, Hugh FownesRobson, Sir William SnowdonWhitley, J. H. (Halifax)
Lyell, Charles HenryRoe, Sir ThomasWhittaker, Sir Thomas Palmer
Macdonald, J. R. (Leicester)Rogers, F. E. NewmanWiles, Thomas
Mackarness, Frederic C.Rose, Charles DayWilliams, J. (Glamorgan)
Maclean, DonalRowlands, J.Williams, Llewelyn(Carmarthett
Macpherson, J. T.Runciman, WalterWilliams, Osmond (Merioneth)
M'Arthur, WilliamRussell, T. W.Wilson, Hon. Ch. W.(Hull, W.)
M'Callum, John M.Samuel, Herbert L.(Cloveland)Wilson, J.H. (Middlesbrough)
M'Kenna, ReginaldScarisbrick, T. T. L.Wilson, W. T. (Westhoughton)
M'Laren, H. P. (Stafford, W.)Schwann, C. Duncan (Hyde)Winfrey, R.
M'Micking, Major G.Schwann, Sir C. (Manchester)Wood, T. M'Kinnon
Maddison, FrederickScott, A. H-(Ashton-und.-LyneWoodhouse, Sir JT(Huddersf'd
Mallet, Charles E.Sears, J. E.Yoxall, James Henry
Mansfield, H. Rendall (LincolnSeaverns, J. H.
Marnham, F. J.Seddon, J.TELLERS FOR THE NOES—Mr. Whiteley and Mr. J. A. Pease.
Massie, J.Seely, Major J. B.
Menzies, WalterShackleton, David James
Micklein, NathanielShaw, Charles Edw. (Stafford)
Molteno, Percy AlportShipman Dr. John G.

moved to insert at the end of Sub-section 1, line 32, after " schoolhouse" the words "the contributions of the supporters of the school to the maintenance and repair of the school-house and the saving effected to public funds as regards salaries of officials and expense of administration by the volun- tary service of school correspondents and other supporters of the schools." This would provide that these things should be taken into consideration in addition to the grants for assistance received from public funds towards the building or repair of the schoolhouse He brought the Amendment forward by way of illustration of the matters which the Commissioners should take into account. The four sub-sections given in the clause dealt with topics which obviously and manifestly would tell against the trustees of voluntary schools. He therefore proposed that Amendment to give illustrations in an opposite sense in favour of the owners. If the right hon. Gentleman took exception to the precise words perhaps he would put in one or more illustrations to act as counterpoise to those in the clause.

Amendment proposed—

" In page 5, line 32, after the word ' school house,' to insert the words, ' and the contributions of the supporters of the school to the maintenance and repair of the schoolhouse and the saving effected of public funds, as regards salaries of officials and expenses of administration by the voluntary services of school correspondents and other supporters of the schools.' " —(Lord Balcarres.)

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

thought the Amendment illustrated the advantage of not being too specific. It sought to give directions to the Commissioners, but he noticed that it omitted all reference to contributions by the supporters of the school towards the building of the school.

said that, as the Amendment now stood, the Commissioners would have to take into account the giants made out of public funds towards building, but not the amounts subscribed by the personal supporters of the schools. That showed the danger of trying to go in great minuteness into these matters. The Government could not accept the Amendment.

asked why the Government saw no difficulty and no objection as to all the things that were to be taken into account under Sub-sections (i), (ii), (iii), and (iv), which told against the owners of the schools, when directly a suggestion was made that there should be some balance— that suggestions should be made not for one side only, but for both, they suddenly became alive to the extraordinary danger of minuteness and precision. He did not deny that there was some force in the considerations urged by the hon. and learned Gentleman. He did not deny that there might be danger lurking in too great precision and microscopic and minute considerations in the drafting of the Bill. But if these cautious principles were thrown to the wind on the one side, let them, be thrown to the wind on the other. Let not the right hon. Gentleman resist suggestions in favour of the voluntary schools on grounds quite as valid as those urged in favour of the sub-sections and on grounds which ought to carry weight in the Committee. He did not wish to speak too strongly on the subject, because he recognised that the right hon. Gentleman had done much to meet them in this matter. But he confessed the clause as it originally stood was plainly and obviously framed in favour in every respect of the local authority and against the owners and trustees when they came before the Commission. Some not inconsiderable traces of that taint remained in the clause, and if there was an objection to the words of his noble friend some better grounds should be found for resisting the Amendment.

said that this was a matter in which the Committee was entitled to hear the views of the right hon. Gentleman. It was only reasonable to suggest that some directions should be given to the Commissioners to consider the wishes of the owners of the school if so many directions were given them to consider the wishes of the local authority. His noble friend had said he was quite ready to accept the words of the Government to his words were objected to, and that being so the criticism of the hon. and learned Gentleman the Solicitor-General of the words of the Amendment was no answer to it at all. The object was that the inquiry should not be one sided, and that was an object that he hoped the Government would carry out

Question put.

AYES.

Abraham, William (Cork, N.E.Fell, ArthurNolan, Joseph
Acland-Hood, Rt. HnSir Al x F.Field, WilliamO'Brien, Kendal(Tipperary Mid
Ambrose, RobertFinch, Rt. Hon. George H.O'Brien, Patrick (Kilkenny)
Anson, Sir William ReynellFlavin, Michael JosephO'Connor. James(Wicklow, W.
Anstruther-Gray, MajorFletcher, J. S.O'Connor, John (Kildare, N.)
Arkwright, John StanhopeFlynn, James ChristopherO'Connor, T. P. (Liverpool)
Arnold-Forster, Rt. Hn HughOForster, Henry WilliamO'Grady, J.
Ashley, W. W.Gardner, Ernest (Berks, East)O'Hare, Patrick
Aubrey-Fletcher, Rt. Hon Sir H.Gibbs, G. A. (Bristol, West)O'Kelly, Conor (Mayo, N.)
Balcarres, LordGinnell, L.O'Kelly, James(Roscommon, N.
Balfour, RtHn. A. J. (City Lond)Haddock, George R.O'Malley, William
Balfour, Capt. C. B. (Hornsey)Halpin, J.O'Shaughnessy, P. J.
Banbury, Sir Frederick GeorgeHardy, Laurence(Kent, AshfordO'Shee, James John
Baring, Hon. Guy (Winchester)Hay, Hon. Claude GeorgeParker, Sir (Gilbert (Gravesend)
Beach, Hn. MichaelHughHicksHayden, John PatrickPease, HerbertPike(Darlington)
Bignold, Sir ArthurHazelton, RichardPowell, Sir Francis Sharp
Blake, EdwardHelmsley, ViscountPower, Patrick Joseph
Boland, JohnHervey ,F. W. F. (BuryS. Edm'dsRasch, Sir Frederic Carne
Bowles, G. StewartHill, Sir Clement (Shrewsbury)Redmond, John E. (Waterford
Boyle, Sir EdwardHills, J. W.Redmond. William (Clare)
Bridgeman, W. CliveHogan, MichaelRemnant, James Farquharson
Bull, Sir William JamesHornby, Sir William HenryRoche, John (Galway. East)
Burdett-Coutts, W.Houston, Robert PatersonRopner, Colonel Sir Robert
Burke, E. HavilandHunt, RowlandRutherford, John (Lancashire)
Butcher, Samuel HenryKennaway. Rt. Hn. Sir John H.Sassoon, Sir Edward Albert
Carlile, E. HildredKennedy, Vincent PaulScott, Sir S. (Marylebone, W.)
Carson, Rt. Hon. Sir Edw. H.Kenyon-Slaney, Rt. Hon. Col. W.Smith, Abel K. (Hertford, East)
Cave, GeorgeKeswick, WilliamSmith, F.E. (Liverpool, Walton)
Oavendish. Rt. Hn. VictorC. W.Kilbride, DenisSmith, Hon. W. F. D. (Strand)
Cecil, Evelyn (Aston Manor)Lambton, Hon. Frederick Wm.Stanley, Hn. A. Lyulph(Cheshire
Cecil, Lord John P. Joicey-Lane-Fox, G. R.Starkey, John R.
Cecil, Lord R. (Marylebone. E.)Law, Andrew Bonar.(Dulwich)Sullivan, Donal
Clancy, John JosephLee, Arthur H(Hants. FarehamTalbot, Lord E. (Chichester)
Coates, E. Feetham(Lewisham)Liddell, HenryTalbot, Rt. Hn. J.G.(OxfdUniv.
Cochrane, Hon. Thos. H. A. E.Long, Col. Chas. W. (Evesham)Thomson, W. Mitchell-(Lanark)
Condon, Thomas JosephLundon, W.Thornton, Percy M.
Courthope, G. LoydLyttelton, Rt. Hon. AlfredTurnour, Viscount
Craig, CharlesCurtis(Antrim, SMacNeill, John Gordon SwiftValentia, Viscount
Craig, Capt. James (Down, E.)Macpherson, J. T.Walrond, Hon. Lionel
Craik, Sir HenryMacVeagh, Jeremiah (Down. S.Warde, Col, C. E. (Kent, Mid)
Crean, Eugene .M'Iver. SirLewis(EdinburghWWhite, Patrick (Meath, North)
Cullinan, JM'Kean, JohnWilson, A. Stanley (Vork. E.R.)
Delany, WilliamMagnus, Sir PhilipWolf, Gustav Wilhelm
Devlin, CharlesRamsay (Galw'yMarks, H. H. (Kent)Wortley. Rt. Hon. C. B. Stuart-
Dixon-Hartland, SirFredDixon.Mason, James F. (Windsor)Wyndham, Rt. Hon. George
Dolan, Charles JosephMeagher, MichaelYoung, Samuel
Donelan, Captain A.Middlemore, Jhn. ThrogmortonYounger, George
Douglas, Rt. Hon. A. Akers-Mildmay, Francis Bingham
Du Cros, HarvevMooney, J. J.TELLERS FOR THE AYES—Mr. Samuel Roberts and Mr. Rawlinson.
Duffy, William J.Murphy, John
Duncan, Robert(Lanark, GovanNicholson, Wm. G.(Petersfield)
Faber, George Denison (York)Nield, Herbert

NOES.

Acland, Francis DykeBaring, Godfrey (Isle of Wight)Berridge, T. H. D.
Adkins, W. RylandBarker, JohnBertram. Julius
Agnew, George WilliamBarlow, Percy (Bedford)Bethell, J. H. (Essex, Romford
Ainsworth, John StirlingBarnard, E. B.Bethell, T. R. (Essex, Maldon)
Alden, PercyBeale, W. P.Billson, Alfred
Allen. A. Acland (Christchureh)Beauchamp, E.Biirell, Rt. Hon. Augustine
Armitage, R.Beaumont, W. C. B. (Hexham)Black, Alexander Wm. (Banff)
Aehton, Thomas GairBeck, A. CecilBlack. Arthur W.(Bedfordshire)
Asquith, RtHonHerbertHenryBell, RichardBolton. T. D. (Derbyshire. N.E.)
Astbury, John MeirBellairs, CarlyonBoultou. A. C. F. (Ramsey)
Baker, Sir John (Portsmouth)Benn, W. (T'w'r H'mlets. S. Geo.Brace, William
Balfour, Robert (Lanark)Bennett, E. N.Bramsdon, T. A.

The Committee divided:—Aves, 151; Noes, 310. (Division List No. 196.)

Branch, JamesGriffith, Ellis J.Marnham, F. J.
Brocklehurst, W. D.Grove, ArchibaldMassie, J.
Brodie, H. C.Gulland, John W.Masterman, C. F. G.
Brooke, StopfordGurdon, Sir W. BramptonMenzies, Walter
Brunner, J.F.L. (Lanes., Leigh)Hall, FrederickMicklem, Nathaniel
Brunner.Sir John T. (Cheshire)Harcourt, Rt. Hon. LewisMolteno, Percy Alport
Bryce, Rt. Hn. James (AberdeenHardy, George A. (Suffolk)Mond, A
Bryce, J.A.(InvernessBurghs)Harmsworth, Cecil B. (Worc'r)Money, L. G. Chiozza
Buchanan, Thomas, RyburuHarmsworth, R.L.(Caithn'ss-shMontagu, E. S.
Buckmaster, Stanley 0.Hart-Davies, T.Montgomery, H. G.
Burnyeat, J. D. W.Harvey, A. G. C. (Rochdale)Morgan, G. Hay (Cornwall)
Burt, Rt. Hon. ThomasHaslam, James (Derbyshire)Morgan, J. Lloyd (Carmarthen)*
Buxton, Rt. Hn. SydneyCharlesHaslam, Lewis (Monmouth)Morley, Rt. Hon. John
Byles, William PollardHazel, Dr. A. E.Morrell, Philip
Cameron, RobertHenderson, Arthur (Durham)Morse, L. L.
Carr-Gomm, H. W.Henry, Charles S.Murray, James
Causton, Rt. Hn. Richard KnightHerbert, Colonel Ivor (Mon., S.)Myer, Horatio
Cheetham, John FrederickHerbert, T. Arnold (Wycombe)Napier, T. B.
Cherry, Rt. Hon. R. R.Higham, John SharpNicholls, George
Churchill, Winston SpencerHobart, Sir RobertNicholson, CharlesN(Doncaster
Clarke, C. GoddardHobhouse, Charles E. H.Norman, Henry
Cleland, J. W.Hodge, JohnNorton, Capt. Cecil William
Clough, W.Holland, Sir William HenryNuttall, Harry
Clynes. J. R.Hope, John Dcans (Fife, West)O'Donnell, C. J. (Walworth;
Coats, SirT. Glen(Renfrew, W.)Hope, W. Bateman(Somerset, N.Paul, Herbert
Cobbold, Felix ThornleyHorniraan, Emslie JohnPaulton, James Mellor
Collins, Stephen (Lambeth)Howard, Hon. GeoffreyPearce, Robert (Staffs. Leek)
Collins, Sir W m J(S. Pancras, WHudson, WalterPearce, William (Limehouse)
Corbett, CH(Sussex, G. Grinst'dHyde, ClarendonPerks, Robert William
Cornwall, Sir Edwin A.Illingworth, Percy H.Philipps, Col. Ivor (S'thampt'n
Cory, Clifford JohnIsaacs, Rufus DanielPhillips, J. Wynford(Pembroke)
Cotton, Sir H. J. S.Jackson, R. S.Pickersgill, Edward Hare
Cowan, W. H.Jacoby, James AlfredPrice, C.E.(Edinburgh, Central)
Craig, Herbert J. (TynemouthJardine, Sir J.Price. Robert John(Norfolk, E.)
Cremer, William RandalJenkins, J.Priestley, W. E. B. (BradfordE.),
Crombie, John WilliamJohnson, W. (Nuneaton)Radford, G. H.
Crosfield, A. H.Jones, Leif (Appleby)Rainy, A. Rolland
Davies, David(Montgomery Co.Jones, William (CarnarvonshireRaphael, Herbert H.
Davies, Ellis William (Eifion)Jowett, F. W.Rea, Walter Russell(Scarboro'
Davies, M. Vanghan- (Cardigan)Kearley, Hudson E.Rees, J. D.
Davies, Timothy (Fulham)Kekewich, Sir GeorgeRendall, Athelstan
Davies, W. Howell (Bristol. S.)Kincaid-Smith, CaptainRenton, Major Leslie
Dewar, John A. (Inverness-sh.King, Alfred John (Knutsford)Richards, T.F.(Wolverh'mpt'n)
Dickinson, W.H.(St. Pancas, N.Laidlaw, RobertRoberts, Charles H. (Lincoln)
Dickson-Poynder, Sir John P.Lamb, Edmund G. (Leominster)Roberts, G. H. (Norwich)
Dilke, Rt. Hn. Sir CharlesLamb, Ernest H. (Rochester)Roberts, John H. (Denbighs.,
Dobson, Thomas W.Lambert, GeorgeRobertson, Rt. Hn. E.(Dundee)
Duncan, J.H. (York, Otley)Lamont, NormanRobertson, SirG. Scott(Bradf'rd
Dunn, A. Edward (Camborne)Layland-Barratt, FrancisRobertson, J. M. (Tyneside)
Dunne, MajorE. Martin(WalsallLea, HughCecil (St. Pancras. E.)Robinson, S.
Edwards, Clement (Denbigh)Leese, Sir Joseph F.(AccringtonRobson, Sir William Snowdon
Edwards, Enoch (Hanley)Lehmann, R. C.Roe, Sir Thomas
Edwards, Frank (Radnor)Lever, W.H. (Cheshire, Wirral)Rogers, F. E. Newman
Elibank, Master ofLevy, MauriceRose, Charles Day
Ellis, Rt. Hon. John EdwardLewis, John HerbertRowlands, J.
Erskine, David C.Lloyd-George, Rt. Hon. DavidRunciman, Walter
Essex, R. W.Lough, ThomasRussell, T. W.
Everett, R. LaceyLupton, ArnoldSamuel, Herbert L. (Cleveland)
Faber, G. H. (Boston)Luttrell, Hugh FownesScarisbriek, T. T. L.
Fenwick, CharlesLyell, Charles HenrySchwann, C. Dunean (Hyde)
Ferens, T. R.Macdonald, J. R. (Leicester)Schwann, Sir C.E.(Manchester)
Fiennes, Hon. EustaceMacdonald, J.M.(Falkirk B'ghsScott, A.H.(Ashton under Lyne
Foster, Rt. Hn. Sir WalterMackarness, Frederic C.Sears, J. E.
Fowler, Rt. Hn. Sir HenryMaclean, DonaldSeaverns, J. H.
Fullerton, HughM'Arthur, WilliamSeddon, J.
Gibb, James (Harrow)M'Callum, John M.Seely, Major J. B.
Gill, A. H.M'Kenna, ReginaldShackleton, David James
Gladstone, Rt. Hn. Herbert J.M'Laren, Sir C. B. (Leicester)Shaw, Chas. Edw. (Stafford
Glendinning, R. G.M'Laren, H. D. (Stafford, W-)Shipman, Dr. John G.
Gooch, George PeabodyM'Micking, Major G.Silcock. Thomas Ball
Greenwood, G. (Peterborough)Maddison, FrederickSimon, John Allsebrook
Greenwood, Hamar (York)Mallet, Charles E.Sinclair, Rt. Hon. John
Grey, Rt. Hon. Sir EdwardMansfield, H. Rendall (Lincoln)Sloan, Thomas Henry

Smeaton, Donald MackenzieTorrance, Sir A. M.Whitley, J. H. (Halifax)
Soames, Arthur WellesleyToulmin, GeorgeWhittaker, Sir Thomas Palmer
Soares, Ernest J.Trevelyan, Charles PhilipsWiles, Thomas
Spicer, Sir AlbertUre, AlexanderWilliams, J. (Glamorgan)
Stanger, H. Y.Verney, F. W.Williams, Llewelyn(Carmarthen
Strachey, Sir EdwardVivian, HenryWilliams, Osmond (Merioneth)
Straus, B. S. (Mile End)Walker, H. De R. (Leicester)Wilson, Hon. C. H. W.(Hull, W.)
Strauss, E. A. (Abingdon)Wallace, RobertWilson, J. H. (Middlesbrough)
Stuart, James (Sunderland)Walton, Sir John L. (Leeds, S.)Wilson, P. W. (St. Pancras, S.)
Summer bell, T.Walton, Joseph (Barnsley)Wilson, W. T. (Westhoughton)
Taylor, Austin (East Toxteth)Ward, John (Stoke upon Trent)Winfrey, R.
Taylor, John W. (Durham)Wardle, George J.Wood, T. M'Kinnon
Taylor, Theodore C. (Radcliffe)Warner, Thomas Courtenay T.Woodhouse, SirJ. T.(Hudd'rsfi'd
Tennant, Sir Edward(SalisburyWason, Eugene (Clackmannan)Yoxall, James Henry
Tennant, H. J. (Berwickshire)Wason, John Cathcart(Orkney)
Thomas, Sir A. (Glamorgan, E.)Waterlow, D. S.TELLERS FOR THE NOES— Mr. Whiteley and Mr. J. A. Pease.
Thomasson, FranklinWhitbread, Howard
Thompson, J. W. H. (Somerset, EWhite, J. D. (Dumbartonshire)
Thorne, WilliamWhite, Luke (York, E.R.)
Tomkinson, JamesWhitehead, Rowland

moved to omit sub-paragraph (ii). He said he objected to all four sub-paragraphs, but especially to sub-paragraph (ii), because he thought it was grossly misleading and unfair. Why should they direct the Commission to take into account the limited nature of the user of the school by the local education authority, when they were not to be asked to take into account the limited nature of the user by the trustees? It was well known that if this Bill were passed the local education authority would be able by structural alterations so to alter the schoolhouse as to make it perfectly useless for any other purposes than that of a public elementary school. He had in his mind the schools of Christ Church, Hoxton. He understood these schools were held under trust which allowed of their use both as a public elementary school and as a gymnasium and for other purposes. The London County Council had intimated that they must have the schoolroom divided into classrooms in order that the elementary school might be carried on. He did not quarrel with that, but the trustees of the school had said they would not allow a public elementary school to be carried on there after the end of the term, because the use of the school for other purposes would be put an end to. As the law stood at the present moment the trustees had the power if they liked to safeguard the other uses of the school, but if this clause were passed they would have no control, and the local education authority would be able to put up partitions or fix seats in the schoolroom in a way that would prevent its use for other purposes.

Amendment proposed—

"In page 5, line 33, to leave out subparagraph (ii)"—(Mr. Ashley.)

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

thought that some of the criticism of the hon. Gentleman approached what might be called without offence hypercriticism. There might be two opinions as to the necessity of the sub-paragraph. As the Commissioners were men of the utmost intelligence, integrity, and experience, the first thing that they would have before their minds would be that all that was required was that the local authority should obtain just that use of the premises for the purposes of a public elementary school—which was already going on, because one had always to bear in mind that they were now dealing with existing voluntary schools. Therefore they had not to consider the question of other uses to which the school was being put at other times than school hours. All that they had to consider was whether it was possible to continue the public elementary school on the premises during school hours. Although he would not mind one atom if these words were struck out, because they were of the very essence of the contract before the parties, namely, the acquisition of these premises for a very limited purpose, still he thought that, after all, these things had an educational influence in that they showed that they were not trying to drive people out of their own premises and destroying trusts extraneous to those of a public elementary school. It was useful that people should get it well into their heads that all that this Star Chamber—as it was once called, but which was now regarded as a perfectly safe and sound body—had to do was to consider whether the school should continue as a public elementary school during school hours on five days a week. That being so, he could not see what was the use of occupying the time of the Committee when there were so many more important things to be considered. The words proposed to be left out were as harmless as any that ever found their way into an Act of Parliament.

said the Committee could not forget the Solicitor-General's speech of a few moments ago. The right hon. Gentleman with admirable ingenuity had discovered an argument that had escaped the acute eye of the

AYES.

Acland, Francis DykeBolton, T.D.(Derybshire, N.E.)Collins, SirWm. J. (S. Pancras, 'W
Adkins, W. RylandBoulton, A. C. F. (Ramsey)Corbett, C.H.(Sussex, EGrinst'd
Agnew, George WilliamBrace, WilliamCornwall. Sir Edwin A.
Ainsworth, John StirlingBramsdon, T. A.Cory, Clifford John
Alden, PercyBranch, JamesCotton, Sir H. J. S.
Allen, A. Acland(Christchurch)Brigg, JohnCowan, W. H.
Armitage, R.Brocklehurst, W. D.Craig, Herbert J. (Tynemout
Ashton, Thomas GairBrodie, H. C.Cremer, William Randal
Asquith, Rt. Hn. Herbert HenryBrooke, StopfordCrombie, John William
Astbury, John MeirBrunner, J.F.L.(Lancs., Leigh)Crosfield, A. H.
Baker, Sir John (Portsmouth)Brunner, Sir John T. (Cheshire)Davies, David (MontgomeryCo
Baker, Joseph A. (Finsbury, E.Bryce, Rt. Hn. James(AberdeenDavies, Ellis William (Eifion
Balfour, Robert (Lanark)Bryce, J. A.(Inverness Burghs)Davies, M. Vaughan-(Cardigan
Baring, Godfrey (Isle of Wight)Buchanan, Thomas RyburnDavies, Timothy (Fulham)
Barker, JohnBuckmaster, Stanley 0.Davies, W. Howell (Bristol, S.)
Barlow, Percy (Bedford)Burns, Rt. Hon. JohnDewar, John A. (Inverness-sh.)
Barnard, E. B.Burnyeat, J. D. W.Dickinson, W.H.(St. Pancras, N.
Beale, W. P.Burt, Rt. Hon. ThomasDickson-Poynder, Sir John P.
Beauehamp, E.Buxton, Rt. Hn. Syndey CharlesDilke, Rt. Hon. Sir Charles
Beaumont, W. C. B. (Hexham)Byles, William PollardDobson, Thomas W.
Beck, A. CecilCameron, RobertDuncan, J. H. (York, Otley)
Bell, RichardCarr-Gomm, H. W.Dunn, A. Edward (Camborn)
Bellairs, CarlyonCauston, Rt. Hn. Richard KnightDunne, Major E. Martin(Walsall
Benn, W (T'w'rHamlets. S. Geo.Cheetham, John FrederickEdwards, Clement (Denbigh)
Bennett, E. N.Cherry, Rt. Hon. R. R.Edwards, Enoch (Hanley)
Berridge, T. H. D.Churchill, Winston SpencerEdwards, Frank (Radnor)
Bertram, JuliusClarke, C. GoddardElibank, Master of
Bethell, J. H.(Essex, Romford)Cleland, J. W.Ellis, Rt. Hon. John Edward
Bethell, T. R. (Essex, Maldon)Clough, W.Erskine, David C.
Billson, AlfredClynes, J. R.Essex, R. W.
Birrell, Rt. Hon. AugustineCoats, SirT. Glen(Renfrew, W.Everett, R. Lacey
Black, Alexander Wm. (Banff)Cobbold, Felix ThornleyFaber, G. H. (Boston)
Black, Arthur W(BedfordshireCollins, Stephen (Lambeth)Fenwick, Charles

Solicitor-General, and having nothing better to say in defence of this subsection it occurred to him that, however useless it might be from other points of view, it had a very great educational influence. He now understood for the first time what the right hon. Gentleman meant when he said on the First Reaching that this Bill had an educational side. He had discovered that it came in in sub-paragraph (ii.)of Clause 8. He was ready to accept all the educational value that; was derived from this sub-paragraph, if it was made educational not entirely in one direction, but leaving the mind of the educated person in that well-balanced state which was the sign of true wisdom. He therefore suggested that the right hon. Gentleman should either accept his hon. friend's Amendment, or make a more symmetrical arrangement than the subsection now presented.

Question put.

The Committee divided:—Aves, 319; Noes, 149. (Division List No. 197.)

Ferens, T. R.Levy, MauriceRoe, Sir Thomas
Ferguson, R. C. MunroLewis, John HerbertRogers, F. E. Newman
Fiennes, Hon. EustaceLloyd-George, Rt. Hon. DavidRose, Charles Day
Foster, Rt. Hon. Sir WalterLough, ThomasRow lands, J.
Fowler, Rt. Hon. Sir HenryLuptou, ArnoldRunciman, Walter
Fuller, John Michael F.Luttrell, Hugh FownesRussell, T. W.
Fullerton, HughLyell, Charles HenrySamuel, Herbert L. (Cleveland)
Gibb, James (Harrow)Macdonald, J. R. (Leicester)Scarisbrick, T. T. L.
Gill, A. H.Macdonald, J.M. (FalkirkB'ghsSchwann, C. Duncan (Hyde)
Gladstone, Rt. Hn HerbertJohnMackaraess, Frederic C.Schwann, Sir C.E. (Manchester)
Glendinning, R. G.Maclean, DonaldScott, A. H. (Asliton under Lyne
Goddard, Daniel FordM'Arthur, WilliamSears, J. E.
Gooch, George PeabodyM'Callum, John M.Seaverns, J. H
Greenwood, G. (Peterborough)M'Crae, GeorgeSeddon, J.
Greenwood, Hamar (York)M'Kenna, ReginaldSeely, Major J. B.
Grey, Rt. Hon. Sir EdwardM'Laren, Sir C. B. (Leicester)Shackleton, David James
Griffith, Ellis J.M'Laren, H. D. (Stafford, W.)Shaw, Charles Edw. (Stafford)
Grove, ArchibaldM'Micking, Major G.Shipman, Dr. John G.
Gulland, John W.Maddison, FrederickSilcock, Thomas Ball
Gurdon, Sir W. BramptonMallet, Charles E.Simon, John Allsebrook
Hall, FrederickMansfield, H. Rendall (Lincoln)Sinclair, Rt. Hon. John
Harcourt, Rt. Hon. LewisMarnham, F. J.Sloan, Thomas Henry
Hardy, George A. (Suffolk)Massie, J.Smeaton, Donald Mackenzie
Harmsworth, Cecil B. (Worcs'rMasterman, C. F. G.Soames, Arthur Wellesley
Harmsworth, R.L (Caithn'ss-shMenzies, WalterSoares, Ernest J.
Hart-Davies, T.Micklem, NathanielSpicer, Sir Albert
Harvey, A. G. C. (Rochdale)Mond, A.Stanger, H. Y.
Harwood, GeorgeMoney, L. G. ChiozzaStanley, Hn. A Lyulph (Chesh.
Haslam, James (Derbyshire)Montagu, E. S.Stewart-Smith, D. (Kendal)
Haslam, Lewis (Monmouth)Montgomery, H- H.Strachev, Sir Edward
Hazel, Dr. A. E.Morgan, G. Hay (Cornwall)Straus, B. S. (Mile End)
Henderson, Arthur (Durham)Morgan, J. Lloyd (Carmarthen)Strauss, E. A. (Abingdon)
Henderson, J.M.(Aberdeen, W.)Morley, Rt. Hon. JohnStuart, James (Sunderland)
Henry, Charles S.Morrell, PhilipSummerbell, T.
Herbert, Colonel Ivor (Mon. S.)Morse, L. L.Taylor, Austin (East Toxteth)
Herbert, T. Arnold (Wycombe)Murray, JamesTaylor, John W. (Durham)
Higham, John SharpMyer, HoratioTaylor, Theodore C. (Radcliffe)
Hobart, Sir RobertNapier, T. B.Tennant, SirEdward (Salisbury)
Hobhouse, Charles E. H.Nicholls, GeorgeTennant, H. J. (Berwickshire)
Hodge, JohnNicholson, Charles N(Doncast'rThomas, SirA.(Glamorgan, E.)
Holden, E. HopkinsonNorman, HenryThomasson, Franklin
Hope, John Deans (Fife, West)Norton, Capt. Cecil WilliamThompson. J. W. H. Somerset. E-
Hope, W. Bateman(Soinerset, N.Nuttall, HarryThorne, William
Horninian, Emslie JohnPaul, HerbertTomkinson, James
Howard, Hon. GeoffreyPaulton, James MellorTorrance, Sir A. M.
Hudson, WalterPearce, Robert (Staffs. Leek)Toulmin, George
Hyde, ClarendonPearce, William (Limehouse)Trevelyan, Charles Philips
Illingworth, Percy H.Perks, Robert WilliamUre, Alexander
Isaacs, Rufus DanielPhilipps,Col.Ivor (S'thamptonVerney, F. W.
Jackson, R. S. Philipps, J. Wynfordf PembrokeVivian, Henry
Jacoby, James AlfredPhilipps, Owen C. (Pembroke)Walker, H. De R, (Leicester)
Jardine, Sir J. Pickcrsgill, Edward HareWallace, Robert
Jenkins, J.Price, C. E.(Edinb'gh,Central) .Walton, Sir John L. (Leeds, S.)
Johnson, W. (Nuneaton)Price, Robert John(Norfolk,EWalton, Joseph (Barnsley)
Jones, Leif (Appleby)Priestlev, W.E.B.(Bradford,E.Ward, John (Stoke upon Trent
Jones, William(Carnarvonshire)Radford, G. H.Wardle, George J.
Jowett, F. W.Rainy, A. HollandWarner, Thomas Courtenay T.
Kearley, Hudson E.Raphael, Herbert H.Wason, Eugene (Clackmannan)
Kekewich, Sir GeorgeRea, Walter Russell (Scarboro')Wason, J. Cathcart (Orkney)
Kincaid-Smith, CaptainRees, J. D.Waterlow, D. S.
King, Alfred John (Knutsford)Rendall, AthelstanWhitbread, Howard
Laidlaw, RobertRenton, Major LeslieWhite, J. D. (Dumbartonshire)
Lamb, Edmund G. (Leominster Richards, T. F. (Wolverh'mpt'n White, Luke (York, E.R.)
Lamb, Ernest H. (Rochester)Roberts, Charles H. (Lincoln)Whitehead, Rowland
Lambert, GeorgeRoberts, G. H. (Norwich)Whitley, J. H. (Halifax)
Lamont, NormanRoberts, John H. (Denbighs.)Whittaker, Sir Thomas Palmer
Layland-Barratt,FrancisRobertson, Rt. Hn. E. (Dundee)Wiles, Thomas
Lea, Hugh Cecil (St. Pancras. E.)Robertson, SirG. Scott (Bradf'dWilliams, J. (Glamorgan)
Leese, SirJoseph F. (AccringtonRobertson, J. M. (Tyneside)Williams, Llewelyn(Carmarthen
Lehmann, R. C.Robinson, S.Williams, Osmond (Merioneth)
Lever, W. H (Cheshire.Wirral)Robson, Sir William SnowdonWilson, Hon. C.H.W. (Hull, W.).
Wilson, J. H. (Middlesbrough)

Wilson, P. W. (St. Pancras. S.)Wood, T. M'KinnonTELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Wilson, W. T. (Westhoughton)Woodhouse, SirJ. T.(Huddersf'd
Winfrey, R. VYoxall, James Henry

NOES.

Abraham, William (Cork, N.E)Fineh, Rt. Hon. George H.O'Brien, K. (Tipperary .Mid)
Acland-Hood, Rt, HnSirAlexF.Flavin, Michael JosephO'Brien, Patrick (Kilkenny)
Ambrose, RobertFletcher, J. S.O'Connor, James (Wicklow. W.)
Anson, Sir William ReynellFlynn, James ChristopherO'Connor, John (Kildare, N.)
Anstrntlier-Gray, MajorForster, Henry WilliamO'Connor, T. P. (Liverpool)
Arkwright, John StanhopeGardner. Ernest (Berks, East)O'Hare, Patrick
Arnold -Forater, Rt. Hn HughO.Gibbs, G. A. (Bristol, West) O'Kelly, Conor (Mayo, N.)
Aubrey- Fletcher, Rt. Hon.SirHGinnell. L.O'Kelly, James(Roscommon, N.
Balcarres, LordHaddocK, George R.O'Malley, William
Balfour, RtHnA. J.(City Lond. Halpin, JO'Shaughnessy, P. J.
Balfour, Capt. C. B. (Hornsey)Hardy, L. (Kent, Ashford)O'Shee, James John
Banbury, Sir Frederick GeorgeHay, Hon. Claude GeorgeParker, Sir Gilbert(Gravesend
Baring, Hon. Guy (Winchester)Hayden;, John PatrickPease, HerbertPike,(Darlington
Beach, Hn. MichaelHughHicksHazletoh, RichardPowell, Sir Francis Sharp
Bignold, Sir ArthurHelmslejy, ViscountPower, Patrick Joseph
Blake, EdwardHervey, F.W.F.(BurySEdm'dsRasche, Sir Frederie Carne
Boland, JohnHill, Sir Glement (Shrewsbury)Rawlinson, John Frederick P.
Bowles, G. StewartHogan, Michael Redmond. John E. (Waterford)
Bridgeman, W. Clive Hornby, Sir William HenryRedmond, William (Clare)
Brotherton, Edward AllenHouston, Robert PatersonRemnant, James Farquharson
Bull. Sir William James Hunt, Rowland Roberts, S. (Sheffield. Eeclesall
Burdett-Coutts, W.Kennaway. Rt. Hn. SirJohnH.Roche, John (Galway. East)
Burke, E. Haviland-Kennedy. Vincent PaulRopner, Colonel Sir Robert
Butcher, Samuel HenryKenyon-Slanney. Rt. Hn. Col. W.Rutherford, John (Lancashire)
Carson, Rt. Hon. Sir Edw. H-Keswick, WilliamSassoon, Sir Edward Albert
Cave, GeorgeKilbride, DenisScott, SirS. (Marylebone. W.)
Cavendish, Rt. Hn. Victor C.W-Lambton, Hon Frederick Win.Smith, AbelH. (Hertford, East)
Cecil, Evelyn (Aston Manor)Lane-Fox, G. R.Smith, F. E.(Liverpool. Walton)
Cecil, Lord John P. Joicey-Law, Andrew Bonar (Dulwich)Smith, Hon. W. F. D. (Strand)
Cecil, Lord R. (Marylebone, E.)Lee, ArthurH. (Hants., FarehamStarkey, John R.
Clancy, John JosephLiddell, HenrySullivan. Donal
Coates, E. Feetham (Lewisham)Lockwood, Rt. Hn. Lt.-Col. A.R.Talbot. RtHn. J. G.(0xfdUniv.)
Cochrane, Hon. Thos. H. A. E.Long, Col. Charles W.(EveshamThomson, W.Mitchell-(Lanark)
Condon. Thomas JosephLundon, W. Thornton, Percy M.
Courthope. G. LoydLytteiton, Rt. Hon. AlfredTurnour, Viscount
Graig, CharlesCurtis'Antrim. SMacpherson. J. T'Valentia, Viscount
Craig, Capt. James (H)own, E.)MacVeagh, Jeremiah (Down, S.Walrond, Hon. Lionel
Crean, EugeneM'l ver, SirL
(EdinburghW.
Warde, Col. C. E. (Kent, Mid)
Cullinan, J.M'Kean, JohnWhite, Patrick (Meath, North)
Delany, WilliamM'Kiliop, W.Williams, Col. R. (Dorset, W.)
Devlin, CharlesRamsay(GalwayMagnus, Sir PhilipWilloughby de Eresby, Lord
Dixon-Hartland, SirFred DixonMarks, H. H. (Kent)Wilson; A. Stanley(York. E.R.)
Dolan, Charles JosephMason,, James F. (Windsor)Wolff, Gustav Wilhelm
Donelan, Captain A.Meagher, MichaelWortley, Rt. Hon. C. B. Stuart-
Douglas, Rt. Hon. A. Akers-Middlemore, JohnThrogmortonWyndham, Rt. Hon. George
Du Cros, HarveyMildmay, Francis BinghamYoung, Samuel
Duffy, William J.Mooney, J. J.Younger, George
Duncan, Robt. (Lanark, GovanMurphy, John
Faber, George Denison (York)Nicholson, Wm. G. (Petersfield)TELLERS FOR THE NOES—Mr. Ashley and Mr. Curlile.
Fell, ArthurMeld, Herbert
Field, WilliamNolan, Joseph

moved to omit the word "limited " from the subsection. The Government had again and again admitted that they only wanted to give general directions to the Commissioners as to what they had to consider, and that they did not want the directions to be of a one-sided character. In that case they should not insert a .word which must have an injurious effect on one of the parties. His Amendment really carried out the expressed intentions of the Government.

Amendment proposed—

" In page 5, line 33, to leave out the word 'limited.'"—(Mr. Laurence Hardy.)

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

said a limited user was the only user that was required, as the local authority would not be acquiring the complete freehold of the property of a school. He did not ask the Committee to admire the sub-section, but what possible object would be obtained by striking out the word "limited" he could not for the life of him understand.

said it was a perfectly rational Amendment. It would greatly improve the drafting of this Bill, if nothing else. But it did more than that. The sub-section as it stood directed the attention of the Commissioners to only one aspect of the transaction. There was nothing to prevent the Commissioners under this clause providing a scheme for handing the whole thing over to the local education authority if they arrived at the conclusion that on the whole that would be the best business transaction for both sides.

hoped the Government would withdraw this word from the sub-section, because really to all intents and purposes these schools were monopolised by the proposals of the Government. Who could describe the occupation of these schools by the local education authority as a limited use? It was outrageous. The word would convey a totally wrong impression, to the Commissioners, and would lead them astray. In the case of the Star Chamber there was some sort of appeal to the will of the Sovereign, but in this case there was no appeal, so that the Commission would be ten times worse than any Star Chamber.

asked leave to withdraw the Amendment, though he certainly thought it exactly carried out the intention of the right hon. Gentleman.

Amendment, by leave, withdrawn.

*

moved to omit sub-paragraph (iii), which provided that the Commissioners, in considering the payment to be made for the use of the school house, should have regard to " the facilities given therein for special religious instruction and the performance of the original trusts." He thought that involved an act of very great meanness indeed. He ventured to think that nothing more Jewish was contained in the wholes length of the Bill. [Cries of " Oh !"] He meant nothing offensive to any Gentleman present. He thought the provision a most mean and sordid one. The owners of the voluntary schools had been., trying to get the facilities which the Government had given with a very grudging hand; they had got infinitely less than they had a right to expect, and now they found that under this sub-section even these facilities were to be reckoned up in pounds shillings and pence against them It was obvious that that would be the effect of the sub-section. After the appeal made to the Committee not to increase the number of details to be put before the Commissioners, he thought they might fairly urge that this detail should not be put before them. They might fairly claim that this should be left to the Commissioners themselves. He appealed to the Minister for Education to consider whether the miserable right of two half hours a week in the schools for religious instruction should be reckoned up as part of a financial bargain.

Amendment proposed—

" In page 5, line 35, to leave out sub-paragraph (iii)."—(Mr. Lane-Fox.)

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

said he was surprised that the hon. Gentleman should use such strong language. The fact that facilities were given went to the fulfilment of the trust. Surely the fact that the facilities were given was of the essence of the case. It was all very well for the hon. Gentleman to talk of this "miserable half hour." but it was, as a rule, the time which had hitherto been given to catechetical and formulary instruction, and to speak of it thus was both to underrate its value and the capacity of the children to stand more. The Commissioners might very fairly take into consideration the facilities given when estimating the rent. Hon. Gentlemen seemed rather to suppose that these provisions put some burden on the directing wills of the Commissioners; they did not do anything of the sort, they simply called their attention to particular matters which they might take into their consideration.

said the Amendment raised a very important principle. The local educational authority, when considering the amount of compensation they were entitled to give to the owners, would look to these sub-paragraphs as being the basis on which the Commissioners would have to decide. The only test that ought to be applied was the market value of the user of the building which the local authority proposed to take over for a certain number of hours in the week. If more money would have to be paid in cases where facilities for religious instruction were given it would give a tremendous leverage to any agnostic element on the local authority. The local authority would be able to say to the owners that they would not give more than £25 if religious facilities were insisted upon, but that they would give £50 if the owners said nothing about religious facilities at all. There should be no higgling of the market in that way.

asked whether the facilities in question were those in Clause 4 as well as those in Clause 3. If that was so, he supposed that there would necessarily be a different standard of conditions as to payment in the event of the facilities being given under Clause 4 instead of Clause 3.

said the sub-paragraph which was proposed to be left out had a material bearing on Sections 3 and 4. He had been going to raise the same point as that to which the hon. and learned Gentleman's question referred. He entirely accepted the view of the Minister for Education that the facilities given for religious instruction were one of the main features which an arbitrator would necessarily take into consideration. A reference to the trust deeds would show that the main object for which the schools were built was to bring up children in, say, the tenets of the Church of England. It was admitted that this was not a money question at all. What was sought to be provided for was the future religious welfare of the children and, therefore, if that had already been provided for, and they came before the Commissioners, who he believed were all members of the Church of England, they would at once say, " This is one of the most material considerations for us to take into account." He asked the Minister for Education whether this sub-section applied as to ordinary facilities schools where on two mornings of the week denominational religious instruction would be given, or to schools under Clause 4 where extended facilities for special religious instruction were given on five mornings in the week. Clause 8 did not come into operation a all where there had been inability to agree. Was the Commission, to say at the outset of the arbitration, " What do you intend your school to be? Is it to be under Clause 3, because that would determine our judgment? " He wanted to know from the Minister for Education whether the provision for the Commission in making their inquiry did really apply to schools under Clause 4, which enjoyed extended facilities for special religious instruction. [Cries of " No."] Somebody said " No," but he wanted the Minister for Education to tell him that. Further, he wanted to know what would happen in the case of village schools where there had been no agreement, and where alone this section would operate.

said he should have thought that by this time the thing was pretty plain. The Commissioners were to be concerned only with the duty of declaring and of seeing to the fulfilment, so far as they could, of the condition of trusts under which schools were held. The question of trusts did not apply at all to Clause 4. These schools were frankly denominational, and in regard to them what was to be ascertained was the wishes of the parents, with an appeal to the Board of Education under the amended Clause 4, so that they were beyond the purview of the Commission altogether. Then there was a question as to whether or not the schools under trust had been transferred to the local education authority. His hon. friend the Member for Cambridge University seemed to think that they would get rid of the facilities by offering to pay a higher rent; but he was quite certain that they would not be able to transfer any school against the wishes of the owner unless the facilities were given, and that these were sufficiently good to carry out the conditions of trust. The two positions were perfectly and entirely distinct.

said he should like to urge the unfairness, if the Commissioners were to take into consideration in fixing the rent these extended facilities, that under Clause 3 no part of the living should be paid by the local education authority. They first made the owners pay for the advantage of the special facilities granted under Clause 3; and then under Clause 8 they fined them for having received them. That seemed to him an unfair method, for by the Bill the Government acknowledged the absolute right of demand. The only result was that the owners of schools were to be fined doubly for the granting of the facilities. The impression they had always had up to now was that religious instruction of a special character which was to be given was to be confined to Clause 3. It might be said in connection with the new Amendment, that the Bill dealt with many other considerations under Clause 4, which would come under the purview of the Commission. He confessed he understood that this Commission had nothing to do with the question of facilities at all. The facilities were not granted by the Commission, but by the scheme. He was very glad his hon. friend had moved the omission of the words, for he thought that an extreme, injustice would be inflicted when the school owners had to pay for those facilities and then to pay for them over again.

*

said there were strong reasons for omitting this sub-paragraph. He called the attention of the Committee to the words of sub-section (6); the Commission may by the scheme make provision for the purpose of giving effect to the trust "subject to such conditions (if any) as to payment, or other matters —where " other matters " must include " facilities " for special religious instruction, as these would be among the essential conditions of the bargain—and the clause then runs on, " having regard to ‥‥the facilities given " in the schoolhouse " for special religious instruction." Clearly there was a want of logical coherence in the drafting, nor was it possible to say what the effect of such words would be. Apart, however, from the form, the intention of sub-paragraph (iii) obviously was, as the Commission think just, that the rent of the schoolhouse should be, or might be reduced on the score that facilities were given for special religious instruction. He assumed that the local education authority would have already got the use of the school to the full extent they desired for the purpose of giving the particular form of religious instruction they required. Was it reasonable, then, because another form of religious teaching was being given in another room at the same hour, that the rent for the school should be diminished as if the rights of the local authority were thereby curtailed?

said it appeared to him that these words meant that the rent was to be reduced in schools where special facilities were given for religious education. There was a general feeling abroad that the object of all these provisions was to discourage parents from declaring in favour of facilities being given for religious teaching, because these facilities would mean the loss of a certain amount of money. He did not know whether this proposal would apply to schools coming under Section 4. He presumed under the new Amendment it would not. But a great number of schools would in any case be excluded from the operation of Clause 4, as the Minister for Education knew, through a variety of reasons, and they would be affected by these words. It seemed to him, looking at the matter in a plain way, that the sum total of this provision was that in schools where facilities were given for teaching of a particular class, a certain amount of rent would be withheld simply because those facilities were given. He thought that would be unfair. It would not be in order for him to discuss upon this clause considerations applying to Clause 4, but he did say that the proposal to deprive schools of a certain amount of rent because they had declared in favour of facilities did not seem right or just. He assured the right hon. Gentleman that these words did bear the construction that it was intended to discourage schools from applying for special facilities. Surely the Commissioners, who were gentlemen of great position and commanded universal respect, might be left to settle the matter without hard and fast instructions of this kind.

said he was always desirous of keeping the loyal support of the hon. Gentleman, whose fairness he recognised, but he would point out to him that if the Government had not made arrangements in the Bill the, Commissioners would not in such cases I have been able to allow any rent at all. The Commissioners would have said to the trustees—" You must transfer your-self to the local authority on the terms of getting your catechetical and dogmatic instruction twice a week. That is the only way in which you can perform your trust. Therefore you have got to do it." Therefore the Commissioners would not have provided any rent if' this iniquitous Government had not come to t he assistance of the trustees by allowing the Commissioners to do that which the Court of Chancery could not have done — namely, give them a rent. But surely in considering what that rent should be it was not unreasonable that the Commissioners should be allowed to take into account the fact that the school was fulfilling a trust, that religious facilities would be given, and that the children would continue to be instructed in the principles of the denomination, in accordance with the provisions of the trust.

*

wished to know how this provision would affect the schools in which four-fifths of the parents of the children desired facilities. Under Clause 4 the local authority might take over the four-fifths schools or they might refuse to do so. It was true there was an appeal to the Board of Education, but supposing the trustee did not appeal to the Board of Education, was it in the power of the local education authority to take the trustees of that school before the Commissioners and ask them to draw up a scheme? And in that event, could the facilities granted be facilities as under Clause 4?

If the four-fifths arrangement broke down, it would be in the power of the local authority to take the school before the Commissioners and then the only facilities given would be under Clause 3.

hoped that the right hon. Gentleman would further consider this matter. He could not see in this clause any provision except that facilities were to be given " in accordance with the provisions of the Act" and he could not see that there could be anything in " accordance with the provisions of the Act" except in regard to four-fifths schools. Why were the facilities therefore limited to Clause 3? Clause 3, moreover, only applied to cases where the local education authority had agreed to take over the school and that case also was covered by the words " in accordance with the provisions of this Act." He would suggest to the right hon. Gentleman that the matter should be set right and needed further consideration.

said lie was always perfectly ready to consider a point. He was told that this provision was perfectly right, but he would look into it.

said he really did not understand how the clause would work. It was said that the Commissioners were to have regard to the facilities given, but facilities were not given to the school at all unless they were given by the Commissioners themselves. He could not understand how they were to have regard to facilities given by themselves. Then the right hon. Gentleman said that this clause did not apply in some cases to schools coming under Clause 4, but he could not understand how that could be, because under Clause 4 there were two alternative methods of procedure. The original procedure before the Amendment of the right hon Gentleman was that the school should be transferred, and that then, quite independently of the transfer, an application should be made under Clause 4 for facilities. But they had nothing to do with the transfer as the Bill was originally drafted. He agreed that it was suggested that the facilities should form part of the arrangement under this section, but under Clause 4, as originally framed, they were not part of the arrangement. Supposing in a school which would eventually turn out to be a Clause 4 school, negotiations had been entered into for a transfer but had broken down and the local education authority then came to the Commissioners and said, "We want this school." The Commissioners would then have to deal with the matter, and what they wanted was to settle the method of the transfer and how the facilities were to be settled, because no application for facilities, which was to be made by the parents, would have been made up to that point. How were the Commissioners to consider the facilities given in such a case? It was a matter which might not affect the rent, but which might affect many conditions under which the school would be transferred. The fact was that this sub-section I was an extremely difficult one and he did not think the right hon. Gentleman had even now appreciated the difficulty. The animus of it was clear enough. It was to provide for a less rent than the owners would otherwise get. Taking that as the intention, was that a proper arrangement? Here were the owners who were going to make an arrangement and they wished for facilities which would operate for the benefit of the children. The Bill said that under Clause 3 in obtaining the facilities—and this was the effect of the sub-section—the trustees would get less for their school than if facilities were not asked for. In short it would be to the interests of the owners to ask for as little religion for the children as possible. He could not think that that was intended and he ventured to appeal to the Government even at this late stage to leave out the sub-section.

said the effect of the subsection seemed to be that in certain cases schools which were transferred were to be penalised if religious instruction was granted.

*

said he read the clause in this way, that where there had been no agreement made under Clauses 3 or 4 and no arrangement come to at all, then Clause 8 would come into operation. Under Clause 8 the Commissioners were to consider the best mode of giving effect to trusts and frame schemes. Under this section they would consider what were the facilities to be given for religious instruction, and if it I were struck out no facilities at all would be given.

pointed out that, with the amendment of Clause 4, the instructions given to the Commissioners, and the hint given to the local education authority, the Government practically settled that no transferred voluntary school enjoying religious facilities under Clauses 3 and 4 would receive anything in the nature of a rent. He thought that that was wrong. In order to carry on the trust school teachers would have to be found and paid by the trustees, and there could be nothing more akin to the trust than that payment should be made out of the rent to give the religious teaching for the provision of which the school had been founded.

said in that case he hoped the right hon. Gentleman would reconsider the wording of the sub-section in order to remove a genuine doubt as to the meaning of the words. There was one other point. If religious instruction had to be given out of school hours, why penalise the owners and trustees for using that particular hour of the day over which the local education authority had no control? Such a restriction was unjust and indefensible, and that fact alone was sufficient to justify the right hon. Gentleman in reconsidering the whole question.

trusted the right hon. Gentleman would reconsider the wording of this clause, because there seemed to be at present two separate and distinct views of what it really meant. He thought it should be made clear, because no one reading it would come to any other conclusion than that it was a penalising clause, although the right hon. Gentleman denied that that was so.

*

also expressed a hope that the right hon. Gentleman would reconstruct this clause. The Minister for Education had told them that the Commissioners would take into consideration the matters referred to in the sub-paragraph in assessing the rents of these schools under sub-section (b). He took that view and thought the clause was wholly unnecessary and might be left out. Sub-paragraph (ii), however, was of a different character altogether. If subparagraph (iii) had not been put in the Commissioners would not have directed their consideration to the religious facilities provided, in determining the rent to be paid for the schools. But he rose to call attention to a matter of great unfairness that this clause embodied. It was suggested when they were considering sub-paragraph (iii) that there was no necessity to include the word "limited," and the omission of that word had been proposed. He certainly thought if the word " limited'' was put into sub-paragraph (ii), it ought to be put into sub-paragraph (iii), because it must be admitted that the facilities for religious instruction under this sub-paragraph were of a much more limited character than they would have been if the school were held upon the trust. He therefore hoped the right hon. Gentleman would reconsider these sub-sections so as to see whether they could not be left out altogether, or whether at least, the word " limited " could not be inserted in sub-paragraph (iii), so that the Commissioners should recognise the fact in assessing the rent to be paid that the facilities given

AYES.

Acland, Francis DykeAinsworth, John StirlingAstbury, John Men
Adkins, W. RylandAllen, A. Acland (Christchurbn)Baker, Sir John (Portsmouth)
Agnew, Georage WilliamArmitage. K.Baker, J. A. (Finsbury, E.)

under this clause for religious instruction were of a very limited character.

wished to say a word or two in reply to the objection raised by the hon. Member for Stoke, who said that this was merely a question of money. If the hon. Member wanted to arouse the strongest and deepest feelings of hon.Members amongst whom he had the privilege of sitting he could not have made an interjection more calculated to arouse that feeling. Their opposition was not a question of money, but one of principle. He hoped the President of the Board of Education would see his way to insert words in this clause drawing the special attention of the three Commissioners to the fact that the so-called facilities under Clauses 3 and 4 were very largely hollow shams which did not give what they proposed to give and what the right hon. Gentleman doubtless thought they gave. As a matter of fact they robbed them of the right of ensuring that the children should be taught by people who believed in the religious instruction they had to impart. The facilities did not include what ought to be included and therefore this sub-paragraph ought to come out. He thought instructions should be given to the Commissioners that they should not allow these hollow shams to be referred —

I have given the hon. Member a good deal of latitude thinking he was finishing his speech. He must confine himself to the Amendment.

said reference had been made to the terms of the original trusts. With regard to the teachers it would be apparent to all of them that under this section the performance of the original trusts not only would not be carried out but they never could be carried out under this iniquitous Bill.

Question put.

The Committee divided:—Ayes, 256; Noes, 106. (Division List No 198.)

Balfour, Robert (Lanark)Essex, R, W.M'Kenna, Reginald
Baring, Godfrey (Isle of Wight)Eve, Harry TrelawneyM'Laren, Sir C. B. (Leicester)
Barker, JohnEverett, R. LaceyM'Micking, Major G.
Barlow, Percy (Bedford)Faber, G. H. (Boston)Maddison, Frederick
Barnard, E. B.Fenwick, CharlesMallet, Charles E.
Barnes, G. N.Ferens, T. R.Mansfield, H. Rendall (Lincoln)
Beauchamp, E.Fiennes, Hon. EustaceMarnham, F. J.
Beaumont, W. C. B. (Hexham)Fuller, John Michael F.Massie, J.
Beck, A. CecilFullerton, HughMicklem, Nathaniel
Bell, RichardGardner, Col. Alan(Hereford ,S.Mond, A.
Bellairs, CarlyonGibb, James (Harrow)Money, L. G. Chiozza-
Benn, W.(Tw'rHamlets, St. Geo.Gill, A. H.Montagu, E. S.
Bennett, E. N.Gladstone, Rt. Hn. Herbert JohnMontgomery. G. H.
Berridge, T. H. D.Glendinning, R. G.Morgan, G. Hay (Cornwall)
Bethell, J.H. (Essex, Romford)Goddard, Daniel FordMorgan,J. Lloyd (Carmarthen)
Bethell, T. R. (Essex, Maldon)Gooch, George PeabodyMorse, L. L.
Billson, AlfredGrant, CorrieMurray, James
Birrell, Rt. Hon. AugustineGreenwood, G. (Peterborough)Myer, Horatio
Black, Alexander Wm.(Banff)Greenwood, Hamar (York)Napier, T. B.
Black, Arthur W. (Bedfordsh.)Griffith, Ellis J.Nicholls, George
Bolton, T. D. (Derbyshire,N.E.Grove, ArchibaldNicholson, CharlesN.(Done'str.)
Boulton, A. C. F. (Ramsey)Gulland, John W.Norton, Capt. Cecil William
Brace, WilliamGurdon, Sir W. BramptonNuttall, Harry
Bramsdon, T. A.Hall, FrederickPaul, Herbert
Branch, JamesHardy, George A. (Suffolk)Pearce, Robert (Staffs. Leek)
Brigg, JohnHarmsworth, Cecil B. (Worc'r.Pearce, William (Limehouse)
Brodie, H. C.Hart-Davies, T.Pearson, W. H.M.(Suflolk, Eye
Brooke, StopfordHarvey, A. G. C. (Rochdale)Perks, Robert William
Brunner, J.F.L.(Lancs., Leigh)Haslam, James (Derbyshire)Philipps, J. Wynford (Pembroke
Brunner, Sir J. T. (Cheshire)Haslam, Lewis (Monmouth)Pollard, Dr.
Bryee, J. A.(Inverness Burghs)Hazel, Dr. A. E.Price, C. E. (Edinb'gh, Central
Buchanan, Thomas RyburnHenderson, Arthur (Durham)Price, Robert John.(Norfolk, E.
Buckmaster, Stanley O.Henderson, J.M.(Aberdeen, W.Priestley, W. E.B. (Bradford, E.
Burns, Rt. Hon. JohnHenry, Charles S.Radford G. H.
Burnyeat, J. D. W.Herbert, Colonel Ivor(Mon. S-)Rainy, A. Holland
Burt, Rt. Hon. ThomasHerbert, T. Arnold (Wycombe)Raphael, Herbert H.
Buxton, Rt. Hn. Sydney Chas.Higham, John SharpRea, Walter Russell(Scarboro')
Byles, William PollardHodge, JohnRees, J. D.
Cameron, RobertHolden, E. HopkinsonRendall, Athelstan
Carr-Gomm, H. W.Hope, W. Batenmn(SomersetN.Renton, Major Leslie
Causton, Rt. Hn. Richard K.Horniman, Emslie JohnRichards, T.F.(Wolverh'mpt'n
Cheetham, John FrederickHyde, ClarendonRoberts, Charles H. (Lincoln)
Cherry, Rt. Hon. R. R,Illingvvorth, Percy H.Roberts, G. H. (Norwich)
Clarke, C. GoddardJackson, R. S.Roberts, John H. (Denbighs.)
Cleland, J. W.Jacoby, James AlfredRobertson, SirG. Scott(Bradford
Clough, W,Jardine, Sir J.Robertson, J. M. (Tyneside)
Clynes, J. R.Jenkirs, J.Robinson, S.
Coats, Sir T. Glen (Renfrew.W.Johnson, John (Gateshead)Robson, Sir William Snowdon
Cobbold, Fchx ThornleyJohnson, W. (Nuneaton)Roe, Sir Thomas
Collins, Stephen (Lambeth)Jones, Leif (Appleby)Rogers, F. E. Newman
Collins, Sir W. J. (S. Pancras, WJowett, F. W.Rowlands, J.
Corbett, CH(Sussex, E.Grinst'd)Kearley, Hudson E.Runciman, Walter
Cornwall, Sir Edwin A.Kekewich, Sir GeorgeSamuel, Herbert L. (Cleveland)
Cory, Clifford JohnKing, Alfred John (Knutsford)Schwann, C. Duncan (Hyde)
Cotton, Sir H. J. S.Laidlaw, RobertSchwann, SirC. E. (Manchester
Cowan, W. H.Lamb, Edmund G. (LeominsterScott, A.H. (AshtonunderLyne)
Craig, Herbert J. (Tynemouth)Lamb, Ernest H. (Rochester)Sears, J. E.
Cremer, William RandalLambert, GeorgeSeaverns, J. H.
Crosfleld, A. H.Lamont, NormanShackleton, David James
Davies, David(MontgomeryCo.Lea, Hugh Cecil(St. Pancras, E.)Shipman. Dr. John G
Davies, Ellis William (Eifion)Leese, SirJosephF.(AccringtonSilcock, Thomas Ball
Davies, Timothy (Fulham)Lehmann, R. C.Sinclair, Rt. Hon. John
Davies, W. Howell (Bristol, S.)Lever, W. H. (Cheshire, WirralSmeaton, Donald Mackenzie
Dewar, John A. (Inverness-sh.Levy, MauriceSoares, Ernest J.
Dickinson, W.H.(St.Pancras, N. Lewis, John HerbertStanley, Hn. A. Lyulph (Chesh.)
Dobson, Thomas W.Lough, ThomasStewart, Halley (Greenock)
Duncan, C. (Barrow-in-FurnessLupton, Arnold Stewart-Smith, D. (Kendal)
Duncan, J. H. (York, Otley)Luttrell, Hugh FownesStrachey, Sir Edward
Dunn, A. Edward (Camborne)Macdonald, J. R. (Leicester)Straus, B. S. (Mile End)
Edwards, Clement (Denbigh)Macdonald, J.M. (Falkirk B'ghsStrauss, E. A- (Abingdon)
Edwards, Enoch (Hanley)Maclean, DonaldStuart, James (Sunderland)
Elibank, Master ofM'Callum, John M.Summerbell, T.
Ellis, Rt. Hn. John EdwardM'Crae, George

Taylor, John W. (Durham)Wason, Eugene (Clackmannan)Wills, Arthur Walters
Taylor, Theodore C. (Radcliffe)Wason, Jn. Cathcart (Orkney)Wilson, John (Durham, Mid.)
Thomas, Sir A. (Glamorgan, E.)Waterlow, D. S.Wilson, P. W. (St. Pancras, S.)
Thompson, J. W.H.(Somerset, EWedgwood, Josiah C.Wilson, W.T. (Westhoughton
Torrance, Sir A. M.White, J.D. (Dumbartonshire)Winfrev, R.
Toulmin, GeorgeWhite, Luke (York, E.R.)Wodehouse, Lord(NorfolkMid)
Vivian, HenryWhitehead, RowlandWood, T. M'Kinnon
Walker, H. De R. (Leicester)Whiteley, J. H. (Halifax)
Wallace, RobertWiles, ThomasTELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Ward, John (Stoke upon TrentWilliams, J. (Glamorgan)
Wardle, George J.Williams, LIewelyn(Carm'rth'n

NOES.

Abraham, William (Cork. N. E.)Finch, Rt. Hon. George H.O'Connor, James (Wicklow, W.
Acland-Hood, Rt. Hn. SirAlex. FFlavin, Michael JosephO'Connor, John (Kildare, N.)
Anson, Sir William ReynellForster, Henry WilliamO'Hare, Patrick
Arkwright, John StanhopeGardner, Ernest (Berks, East)O'Kelly, Conor (Mayo, N.)
Ashley, W. W-Gibbs, G. A. (Bristol, West)O'Kelly, James (Roscommon, N.
Balcarres, LordGinnell, L.O'Malley, William
Balfour, Rt. Hn. A.J.(CityLond.)Haddock, George R.O'Mara, James
Bertram, JuliusHalpin, J.O'Shaughnessy, P. J.
Bignold, Sir ArthurHardy, Laurenee(Kent, AshfordO'Shee, James John
Blake, EdwardHayden, John PatrickPease, HerbertPike(Darlington
Boland, JohnHazleton, RichardPowell, Sir Francis Sharp
Bowles, G. StewartHelmsley, ViscountPower, Patrick Joseph
Bridgeman, W. CliveHill, Sir Clement(Shrewsbury)Rasch, Sir Frederic Carne
Brotherton, Edward AllenHogan, MichaelRawlinson, JohnFrederickPeel
Burdett-Coutts, W.Houston, Sir Robert PatersonRedmond, John E.(Waterford)
Burke, E. Haviland-Hunt, RowlandRedmond, William (Clare)
Butcher. Samuel HenryKennaway, Rt. Hon. Sir JohnH.Roberts, S.(Shettield, Eeclesall)
Carlile, E. HildredKennedy, Vincent PaulRopner, Colonel Sir Robert
Carson, Rt. Hon. Sir Edw. H.Kilbride, DenisSeddon, J.
Cave, GeorgeKing, Sir HenrySeymour (Hull)Sullivan, Donal
Cecil, Lord R. (Marylebone, E.)Law, AndrewBonar (Dulwich)Talbot, Rt. Hn. J.G.(Oxf'dUniv.
Clancy. John JosephLaw, Hugh A. (Donegal, W.)Thomson, W.Mitchell- (Lanark
Coates, E. Feetham(Lewisliam)Long, Rt. Hn. Walter(Dublin, S.)Valentia, Viscount
Condon, Thomas JosephLundon, W.Walrond, Hon. Lionel
Courthopo, G. LoydMacpherson, J. T.Warde, Col. C. E. (Kent, Mid)
Craik, Sir HenryMacVeagh, Jeremiah (Down, S.White, Patrick (Meath, North)
Grean, EugeneM'Kean, JohnWilliams, Col. R. (Dorset, W.)
Cullinan, J.M'Killop, W.Willoughby de Eresby, Lord
Delany, WilliamMagnus, Sir PhilipWortley, Rt. Hon. C. B. Stuart-
Devlin, CharlesRamsay(Galw'yMeagher, MichaelWyndham, Rt. Hon. George
Dolan, Charles JosephMiddlemore, JohnThrogmort'nYoung, Samuel
Donelan, Captain A.Mooney, J. J.Younger, George
Douglas, Rt. Hn. A. Akers-Murphy, John
Duffy, William J.Nicholson, Wm. G. (PetersField)TELLERS FOR THE NOES—Mr.
Faber, George Denison (York)Nolan, JosephEvelyn Cecil and Mr. Lane-
Fell, ArthurO' Brien, Kendal(Tipperary, MidFox.
Field, WilliamO' Brien, Patrick (Kilkenny)

moved to amend the sub-section by inserting the words " limited nature of the," so that the Commissioners should be directed to have regard to " the limited nature of the facilities given therein for special religious instruction." The Minister for Education had pointed out that the use of the school by the local authority was limited, and he had inserted the word " limited " in sub-paragraph (ii) of this clause. The facilities given for religious instruction were limited also, and the words ought to be inserted because the limitations were similar in each case. The local authority enjoyed the use of the schools upon certain days for certain hours, and the owners had the use of them on a fewer number of days, but there was a further limitation that they had to pay for the teacher out of their own funds, and no teacher in the school could give the instruction. The limitations in the sub-paragraph affecting these facilities were of a far more drastic character. The Minister for Education felt it necessary to insert the word " limited " when dealing with the user of the school, and why should he resist the insertion of the word in this case?

said that it was perfectly clear what the facilities were, and therefore the application of any qualifying word was wholly unnecessary. He did not attach much importance to the insertion of the word " limited " in sub-paragraph (ii), and he did not think that it would be right to apply the word to the facilities in this case. The facilities given therein were in the schoolhouse, and the facilities were for special religious instruction. Those were the facilities given and contemplated by the Act. The words proposed were quite unnecessary because they knew what the facilities were, and to insert those words would be surplusage wholly unnecessary and would not convey a single idea which the Commissioners were not already fully possessed of.

thought the Amendment was utterly useless and inadequate. It was not the limited facilities they now had to consider, but the facilities. " Limited " did not appear to be either truthful or applicable in reference to its collocation.

*

said that if the word " limited " were admissible in the first sub-paragraph it was equally applicable in the second. The limitation in the one case was intimately associated with

AYES.

Anson, Sir William ReynellDouglas, Rt. Hon. A. Akers-Pease, HerbertPike(Darlington)
Arkwright, John StanhopeFell, ArthurPowell, Sir Francis Sharp
Ashley, W. W.Finch, Rt. Hon. George H.Rasch, Sir Frederick Carne
Balcarres, LordForster, Henry WilliamRawlinson, J. Frederick Peel
Balfour, RtHnA. J.(CityLond.)Gardner, Ernest (Berks, East)Roberts, S. (Sheffield Ecclesall
Bignold, Sir ArthurGibbs, G. A. (Bristol, West)Ropner, Colonel Sir Robert
Bowles, G. StewartHaddock, George R.Thomson, W. Mitchcll-(Lanark)
Bridgeman, W. CliveHardy, Laurence(Kent, AshfordTurnour, Viscount
Brotherton, Edward AllenHelmsley, ViscountWalrond, Hon. Lionel
Burdett-Coutts, W.Hill, Sir Clement (Shrewsbury)Williams, Col R. (Dorset, W.)
Carlile, E. HildredHouston, Robert PatersonWilloughby de Eresby, Lord
Cave, GeorgeHunt, RowlandWyndham, Rt. Hon. George
Cecil, Evelyn (Aston Manor)Kennaway, Rt. Hon. Sir John H.
Cecil, Lord R. (Marylebone, E.)Lane-Fox, G. R.TELLERS FOR THE AYES—Sir Alexander Acland-Hood and Viscount Valentia.
Coates, E. Feetham (Lewisham)Law, Andrew Bonar (Dulwich)
Courthope, G. LoydMagnus, Sir Philip
Craik, Sir HenryMiddlemore, JohnThrogmorton

NOES.

Abraham, William (Cork, N.E.)Astbury, John MeirBarnard, E. B.
Acland, Francis DykeBaker, Sir John (Portsmouth)Barnes, G. N
Adkins, W. RylandBaker, JosephA.(Finsbury, E.)Beale, W. P.
Agnew, George WilliamBalfour, Robert (Lanark)Beaucharap, E.
Ainsworth, John StirlingBaring, Godfrey (Isle of Wight)Beaumont, W. C. B. (Hexham)
Allen, A. Acland (Christchurch)Barker, JohnBeck. A, Cecil
Armitage, R.Barlow, Percy (BedfordBell, Richard

the limitation in the other. He was astonished at the argument used by the right hon. Gentleman. He stated that the word " limited " in the previous paragraph was useless but that it was there. But how did the word get into that paragraph? It did not drop into it like flies in the amber. Its existence in the clause was not part of the order of nature. If it was there it was there because the draftsman acting under instructions put it there. Why should the word appear in one paragraph and not in the other? The facilities were as limited as the user. The voluntary schools enjoyed the full right of religious instruction. The Bill came down upon them and declared that they would lose that altogether and they only got it back in the form of a reduced right under the title of facilities out of school hours. Surely the limitation was as necessary in the one case as in the other. The less facilities there were the less would be the charge for the payment of the teacher which they would have to pay out of the rent which they got for the limited user.

Question put.

The Committee divided:—Ayes 47; Noes 298. (Division List No. 199.)

Bellairs, CarlyonEllis, Rt. Hon. John EdwardLevy, Maurice
Benn, W.(T'w'rHamlets, S. Geo.Eve, Harry TrelawneyLewis, John Herbert
Bennett, E. N.Everett, R. LaceyLough, Thomas
Berridge, T. H. D.Faber, G. H. (Boston)Lundon, W.
Bertram, JuliusFenwick, CharlesLupton, Arnold
Bethell, J. H. (Essex, RomfordFerens, T. R.Luttrell, Hugh Fownes
Bethell, T. R. (Essex, Maldon)Field WilliamMacdonald, J. R. (Leicester)
Billson, AlfredFiennes, Hon. EustaceMacdonald, J.M. (Falkirk B'ghs
Birrell, Rt. Hon. AugustineFlavin, Michael JosephMaclean, Donald
Black, Alexander Wm. (Banff)Flynn, James ChristopherMacpherson, J. T.
Black, ArthurW.(Bedfordshire)Fuller, John Michael F.Mac V'eagh, Jeremiah (Down, S-
Blake, EdwardFullerton, HughM'Callum, JohnM.
Boland, JohnGardner, Col. Alan(Hereford, S.M'Crae, George
Bolton, T.D.(Derbyshire, N.E.)Gibb, James (Harrow)M'Kean, John
Boulton, A. C. F. (Ramsey)Gill, A. H.M'Kenna, Reginald
Brace, WilliamGinnell, L.M'Killop, W.
Bramsdon, T. A.Glendinning, R. G.M'Micking, Major G.
Branch, JamesGoddard, Daniel FordMaddison, Frederick
Brigg, JohnGooch, George PeabodyMallett, Charles E.
Brodie, H. C.Grant, CorrieMansfield, H. Rendall (Lincoln)
Brooke, StopfordGreenwood, G. (Peterborough)Marnham, F. J.
Brunner. J.F.L.(Lanes., Leigh)Greenwood, Hamar (York)Massie, J.
Brunner, Sir JohnT.(Cheshire)Grove, ArchibaldMeagher, Michael
Bryce, J.A. (Inverness Burghs)Gulland, John W.Micklem, Nathaniel
Buckmaster, Stanley 0.Gurdon, Sir W. BramptonMond, A.
Burke, E. Haviland-Hall, FrederickMontagu, E. S.
Burns, Rt. Hon. JohnHalpin, J.Montgomery, H. G.
Burnyeat, J. D. W.Hardy, George A. (Suffolk)Mooney, J. J.
Burt, Rt. Hon. ThomasHarmsworth, Cecil B. (Worc'r)Morgan, G. Hay (Cornwall)
Buxton, Rt. Hon. Sydney Chas.Hart-Davies, T.Morse, L. L.
Byles, William PollardHarvey, A. G. C. (Rochdale)Murphy, John
Cameron, RobertHarwood, GeorgeMurray, James
Carr-Gomm, H. W.Haslam, James (Derbyshire)Myer, Horatio
Causton, Rt. Hn. RichardKnightHaslam, Lewis (Monmouth)Napier, T. B.
Cheetham, John FrederickHayden, John PatrickNicholls, George
Cherry, Rt. Hon. R. R.Hazel, Dr. A. E.Nicholson, Chas. N. (Doncaster
Clancy, John JosephHazleton, RichardNolan, Joseph
Clarke, C. GoddardHenderson, Arthur (Durham)Norman, Henry
Cleland, J. W.Henderson, J.M. (Aberdeen, W.)Norton, Capt. Cecil William
Clough, W.Henry, Charles S.Nuttall, Harry
Clynes, J. R.Herbert, Colonel Ivor(Mon., S.)0' Brien, Kendal (Tipporary Mid
Collins, Stephen (Lambeth)Herbert, T. Arnold (Wycombe)O'Brien, Patrick (Kilkenny)
Collins, SirWm. J.(S. Pancras, W.Higharu, John SharpO'Connor, James (VVicklow, W.)
Condon, Thomas JosephHodge, JohnO'Connor, John (Kildare, N.)
Corbett, CH.(Sussex, E. GrinstdHogan, MichaelO'Hare, Patrick
Cornwall, Sir Edwin A.Holden, E. HopkinsonO'Kelly, Conor (Mayo, N.)
Cory, Clifford JohnHope, W. Bateman(Somerset, N)O'Kelly, James (Roscommon, N
Cotton, Sir H. J. S.Horniman, Emslie JohnO'Malley, William
Cowan, W. H.Hyde, ClarendonO'Mara, James
Craig, Herbert J. (Tynemouth)Illingworth, Percy H.O'Shaughnessy, P. J.
Crean, EugeneJackson, R. S.O'Shee, James John
Cremer, William RandalJacoby, James AlfredPaul, Herbert
Crosfield, A. H.Jardine, Sir J.Pearce, Robert (Staffs. Leek)
Cullinan, J.Jenkins, J.Pearce, William (Limehouse)
Davies, David(Montgomery Co.Johnson, John (Gateshead)Pearson, W.H.M. (Suffolk, Eye)
Da vies, Ellis William (Eifion)Johnson, W. (Nuneaton)Philipps, J. Wynford(Pembroke
Davies, Timothy (Fulham)Jones, Leif (Appleby)Pollard, Dr.
Davies, W. Howell (Bristol, S.)Jowett, F. W.Power, Patrick Joseph
Delany, William Kekewich, Sir GeorgePrice, C.E. (Edinburgh, Central)
Devlin, Chas. Ramsay (GalwayKennedy, Vincent PaulPrice, RobertJohn(Norfolk, E.)
Dewar, John A. (Inverness-sh.Kilbride, DenisPriestley, Arthur (Grantham)
Dickinson, W.H. (St. Pancras, N.King, Alfred John (Knutsford)Priestley, W.E.B.(Bradford, E.
Dobson, Thomas W.King, Sir Henry Seymour(Hull)Radford, G. H.
Dolan, Charles JosephLaidlaw, RobertRainy, A. Holland
Donelan, Captain A.Lamb, Ernest H. (Rochester)Raphael. Herbert H.
Duffy, William J.Lambert, GeorgeRea, Walter Russell (Scarboro')
Duncan, C. (Barrow-in-FurnessLamont, NormanRedmond, John E.(Waterford)
Duncan, J. H. (York, Otley)Law, Hugh A. (Donegal, W.)Redmond, William (Clare)
Dunn, A. Edward (Camborne)Lea, Hugh Cecil (St. Pancras, E.Rees, J. D.
Edwards, Clement (Denbigh)Leese, SirJosephF.(Accrington)Rendall, Athelstan
Edwards, Enoch (Hanley)Lehmann, R. C.Ren ton, Major Leslie
Ellibank, Master ofLever, W.H.(Cheshire, Wirral)Richards, T. F. (Wolverh'm't'n

Roberts, Chas. H. (Lincoln)Stewart, Halley (Greenock)Wedgwood, Josiah C.
Roberts, G. H. (Norwich)Stewart-Smith, D. (Kendal)White, J. D. (Dumbartonshire);
Roberts, John H. (Denbighs)Strachey, Sir EdwardWhite, Luke (York, E.R.)
Robertson, SirG. Scott(Bradf'rdStraus, B. S. (Mile End)White, Patrick (Meath, North)
Robertson, J. M. (Tyneside)Strauss, E. A. (Abingdon)Whitehead, Rowland
Robinson, S.Stuart, James (Sunderland)Whitley, J. H. (Halifax)
Robson, Sir William SnowdonSullivan, DonalWiles, Thomas
Rogers, F. E. NewmanSummerbell, T.Williams, J. (Glamorgan)
Rowlands, J.Taylor, John W. (Durham)Williams, Llewelyn(C'r'arth'n.
Runciman, WalterTaylor, Theodore C (Radclifie)Wills, Arthur Walters
Samuel, Herbert L.(Cleveland)Thomas, Sir A. (Glamorgan, E.)Wilson, John (Durham, Mid)
Schwann, C. Duncan (Hyde)Thompson, J.W.H.(Somerset, E.Wilson, P. W. (S. Pancras, S.)
Schwann, Sir C. E. (Manchester)Torrance, Sir A. M.Wilson, W. T. (Westhoughtou)
Scott, A.H.(Ashton-und.-Lyne)Toulmin, GeorgeWinfrey, R.
Sears, J. E.Vivian, HenryWodehouse, Lord(NorfolkMid)
Seaverns, J. H.Walker, H. De R. (Leicester)Wood, T. M'Kinnon
Shackleton, David JamesWallace, RobertYoung, Samuel
Shipman, Dr. John G.Ward, J. (Stoke-upon-Trent)
Silcock, Thomas BallWardle, George J.TELLERS FOR THE NOES—Mr. Whiteley and Mr. J. A. Pease.
Smeaton, Donald MackenzieWason, Eugene(Clackmannan)
Soares, Ernest J.Wason, JohnCathcart(Orkney)
Stanley, Hn. A. Lyulph(Chesh.)Waterlow, D. S.

on behalf of the noble Lord the member for East Marylebone, moved to insert the words, "Provided that, if required by the owners of the schoolhouse, any such scheme shall provide for affording facilities for religious instruction of a special character under Section 3 of this Act, and in cases satisfying the conditions of Section 4 for affording facilities under that section." The object of this was to carry out the intention of the President of the Board of Education expressed in discussion on Clause 3, when he said he would be ready to make it perfectly plain that if the local authority wanted the school and the trustees wanted facilities, then facilities there should be. As sub-paragraph (iii) stood it seemed impossible to make out the meaning of " facilities given therein," because facilities would not be given until this decision was arrived at. Unless the proposed words were inserted he really failed to see how the right hon. Gentleman could carry out the undertaking he had given.

Amendment proposed—

" In page 5, line 40, after the word ' considered,' to insert the words 'provided that, if required by the owners of the schoolhouse, any such scheme shall provide for affording facilities for religious instruction of a special character under Section 3 of this Act, and in cases satisfying the conditions of Section 4 for affording facilities under that section.' "—(Mr. Bridgeman.)

said that under Clause 3 agreed facilities could be made a condition of the scheme, and a special pro- vision inserted to that effect, therefore it seemed to him the matter did not remain open for consideration. Having regard to the operation of Clause 4 as amended, Clause 8 might require a little readjustment in language in reference to what was meant by facilities. He adhered to what he had already said: the four-fifths facilities being based on the wishes of parents were not the facilities contemplated within Clause 8. He did not think, having regard to the way Clause 3 stood, this question really arose.

*

reminded the right hon. Gentleman that Clause 3 referred to an arrangement when facilities were to be granted, but Clause 8 rested on the supposition that the negotiations for arrangement had broken down, and the local authorities and trustees could not come to terms. The Commission would then have to take up the matter and deal with it de novo. It was really important to insert words to secure that the negotiations should be taken up by the Commission at the point where they had broken down with the; local education authority.

*

said that if the facilities were refused there should be an appeal to some authority to compel them to be given; but under Clause 8 there was no such appeal, and no compulsion whatever.

*

said he could not find in Clause; 8 any words which would compel the Commissioners to grant the facilities under Clause 3 if they were demanded by the owner or owners. There should be something of that kind in this clause, otherwise they would get back to the old gap. Apart from that, were they to understand that the Commissioners could not grant in their schemes the facilities provided in Clause 4?

said he had stated that many times. The facilities granted in Clause 4 would not come under the purview of the Commissioners.

said he would appeal to the right hon. Gentleman to accept this Amendment. Its substance, it seemed to him, was perfectly sound in view of the decided pledges given to the House in answer to the right hon. Member for South Dublin.

said that the right hon. Gentleman had given a pledge to fill up this particular gap, and he thought that he should in common sequence put in this Amendment. He attached great importance to the matter, because Clause 3 facilities would be of greater moment than Clause 8 facilities. A great majority of the Church of England schools could not come in under Clause 4. Therefore, they were thrown back on Clause 3 for the facilities which the Church of England required for their work under the trust. The right hon. Gentleman could not be surprised that they should press him to make it clear that those facilities were to be made a reality. If there was a corresponding Amendment in Clause 8 to that in Clause 3 it would then be clear that the Commissioners were bound to make the facilities under Clause 3 mandatory if they were demanded by the owners.

said that the Amendment was totally unnecessary. If the owners made it a condition of any scheme that the facilities given in Clause 3 should be granted, then the Commissioners would be bound to make those facilities part of the scheme.

said he could not see in reading Clause 3 that the matter was so clear. There was nothing about the owners there at all. It entirely depended upon the decision of the Commissioners whether there was to be a scheme or not.

said he would like the right hon. Gentleman to say whether, if the owners or trustees asked for facilities under Clause 3, the Commission was bound to give them.

Yes; if the owners or trustees require it as part of the scheme the Commissioners are bound to give them.

If it is part of the scheme; but if it is part of the scheme which the local education authority refuses to accept, and consequently the trust has to be considered under Clause 8, have the owners then any right to place their demands before the Commissioners, and have the Commissioners any power to order that Clause 3 facilities shall be given?

Amendment, by leave, withdrawn.

moved to add to the clause, "Provided that in no case shall the rent fixed by a scheme be less than the amount which will be produced by a charge of 5s. per head of average attendance," in order to elicit from the Parliamentary Secretary to the Board of Education what was in the mind of the Government as to the amount of rent to be paid. The figure he had put in the Amendment was a token figure; but after all 5 per cent, on the cost of accommodation per child, including cost of site and conveyance of land, was not excessive. In Lancashire the cost per child accommodated ranged from £12 to £15. The Chancellor of the Duchy had said that the sum of money provided by Clause 12 in the Bill would be paid to denominational schools for rent and repairs and he thought the right hon. Gentleman said that 2s. per child was a fair amount to pay for maintenance. He should like to know whether that was considered to be the rent payable under this arrangement.

Amendment proposed—

" In page 5, line 40, after the word ' considered ' to add the words ' provided that in no case shall the rent fixed by a scheme he less than the amount which will be produced by a charge of 5s. per head on average attendance.' " —(Lord Balcarres.)

Question proposed " That those words be there added."

said it was quite impossible for the Government to accept these or any similar words. They would impose a quite unreasonable fetter on the Commissioners, and it would be extremely foolish on the part of the Government to do so at this stage. He did not desire to go into questions of finance, because he did not think this was the proper place to do so. A statement had been published in newspapers which dealt with this question.

said he had no desire to press the Amendment, but he did think that they were entitled to some more succinct reply than they had received from the hon. Member. No doubt there had been a long statement in Saturday's newspapers written by the President of the Board of Education, but all he could gather from it was that the Minister for Education said that educational finance was in a complete muddle and he hoped to settle it next year. It was no use saying that a satisfactory answer was given in the newspapers; it was much more important that a satisfactory answer should be given to the Committee at that moment.

said in regard to Clause 12 he wished to point out that it only provided for the payment of a grant of £1,000,000. That clause had nothing to do with rent, and simply provided that £1,000,000 should be advanced. It was impossible to say whether this Amendment, therefore, could be dealt with on that clause; he was not sure that it would then be in order.

wished to call the attention of the Committee to the relevancy of this Amendment. The clause provided that the Commission should make schemes with respect to voluntary school buildings held under trust. It went on to give a great many directions to the Commission, some of which appeared to be important and some of which were admittedly unimportant. Further on the Bill proposed to provide for a million of money, which was to be given, he supposed, for rent and repairs. Under the circumstances it might be that the Government were unable to give them any answer, but he thought the request of his hon. friend was a reasonable one. Having regard to the variety of instructions which they had already given to the Commission it was not unreasonable that they should give directions as to the distribution of the £1,000,000.

said the question of the £1,000,000 had nothing to do with this clause, which merely dealt with the power to obtain schemes.

said that of course he bowed to the ruling of the Chair, but having regard to the tenor of the Bill he thought the Commissioners should have some indication as to the line they were to take as to the payments for rent in return for the use of the schools.

said that the Government were not anxious to take more than was just, and he could imagine no worse kind of Amendment than that which they were now discussing. No form of instruction could be more undesirable than that which fixed either a maximum or a minimum. To take such a course might inflict great hardship upon voluntary schools, and it was not the kind of direction that the Government desired to give.

thought the answer of the Solicitor-General was a good one, but said it was different from that which was given by the Minister for Education. If the sum of five shillings was fixed it would bind the Commissioners, who might desire to give more. He suggested the withdrawal of the Amendment.

Amendment, by leave, withdrawn.

*

moved an Amendment to provide that the schemes of the Commission—

"shall be subject to the like conditions as to publication and approval by His Majesty in Council as a scheme made by the Board of Education under the Endowed Schools Acts and subject thereto."
He said that the object of the Amendment was that schemes made under this Act should be subject to the same provision as to publication and approval as schemes made under the existing Acts. They had no objection to the constitution of the Commission, but he did not think that any body of men should be freed from all control whatever, and no harm would be done if the procedure laid down by the Endowed Schools Acts were applied to these Commissioners. It was an extraordinary thing that in this Bill every one of the precautions to which they were accustomed in other Acts of Parliament was omitted. In every other case, including the Endowed Schools Acts, provision was made for the publication of the schemes, and time was given for objection. Under this Bill there was nothing of the kind. A scheme made by the Commissioners became operative at once, without the least chance being given for objection or appeal. If hon. Members went through the Bill from beginning to end, they would find that all the old precautions were omitted. He had not moved his Amendment on the Paper which provided that the Commission should not make any such scheme with respect to any schoolhouse of which the trusts had been declared less than thirty years before the passing of this Act except with the consent of the owners of the schoolhouse, but he felt bound to move the Amendment which he now brought forward. Amendment proposed—
" In page 6, line 1, after the word ' Commission ' to insert the words ' shall be subject to the like conditions as to publication and approval by His Majesty in Council as a scheme made by the Board of Education under the Endowed Schools Act, but subject thereto.'"—(Mr. Cave.)

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

thought his hon. and learned friend could hardly have considered the effect of his Amendment upon the procedure of the Commission. It was of the highest importance that their procedure should be rapid, and that was the reason why the idea of the Commission was adopted at all. It was a very strong Commission, and it was one from which one could safely say that no appeal was necessary. The object of the Government being to secure rapidity, it was not unreasonable to desire that the decisions of the Commission should be final. For that reason the Government stood by the provisions of the Bill and could not accept the Amendment.

supported the Amendment. Rapidity had been urged as the great object to be aimed at. Considering the very short time the Commission would give to the decision of these questions in view of the number of cases, it was extremely probable they would make some mistakes, and therefore an appeal was necessary. Earlier in this clause they tried to obtain an extension of the date for voluntary agreements, and that having been refused it was still more important that there should be an appeal owing to the greater and heavier work which the Commissioners had to do. If there was this enormous number of schemes to make and no time to make them in—if rapidity was to be the one object that the Commissioners were to have in view—it was quite certain that there would be a considerable number of mistakes, and there would have to be some form of appeal. He therefore thought the Government ought either to accept the Amendment of his hon. friend or the one that stood a little lower down on the Paper in his name.

*

thought that if they had had no experience in this matter there might have been a good deal to be said for the Amendment, but fortunately they were not without some experience. The hon. Member had pointed out that the Charitable Trusts Act and the other Acts he had referred to had always contained a provision for an appeal. He himself was so impressed by what had been said in this regard on previous occasions that he had asked the right hon. Gentleman the President of the Board of Education for a return of the number of appeals that had been lodged under these various Acts. The return showed the number to be twenty-six, of which only six had resulted in the alteration of the scheme. The appeals, therefore, were quite a negligible quantity, and having regard to the confidence the Committee had in the Commissioners he thought this matter might safely be left in their hands. It must not be forgotten that the schemes made under previous Acts had been made without argument on behalf of the persons concerned, while the present Commission would give the fullest opportunity of being heard to those whoso interests were affected. Seeing, therefore, that appeals had been so few when political passions were not aroused, and bearing in mind the possibility of the Act being made inoperative by an enormous number of appeals if trustees desired for political reasons to block its progress, he thought it would not be wise to give a right of appeal. It seemed to him that although, theoretically, it might be foolish not to have some appeal, looking at the matter in the light of experience it was utterly unnecessary.

said the remarks of the hon. Member for Wycombe were, to his mind, a strong argument in favour of an appeal. His argument shortly was that there should not be an appeal because it was so seldom required; but that made it all the more necessary that there should be a court of appeal, in order to prevent the least chance of there being anything in the nature of a miscarriage of justice. The hon. and learned Solicitor-General said the Commissioners had met with the general approval of the Committee, but he forgot that those Commissioners would not live for ever, and that others would have to be appointed, and they might not enjoy the confidence of this House in the same way as these three gentlemen did. He believed, especially on the Liberal side of the House, there had been a strong argument not for diminishing courts of appeal but for increasing them. There had been a question of a criminal court of appeal and other courts of appeal, all of which had received strong support from the opposite side of the House. But here they had a Bill which was going to affect the whole of the country and was going to create a sort of Star Chamber, and the Radical Party were going to allow the Star Chamber to be created. He hoped his hon. friend would go to a division, in which case he would receive the support not only of all hon. Members on the Unionist but of many hon. Members on the Radical side of the House.

*

said that the main reason advanced for declining to accede to this Amendment was that it was essential there should be rapidity. They had heard of the " happy despatch," and that appeared to be the method the Solicitor-General proposed to adopt with regard to the voluntary schools of the country, 14.000 in number. He had, however, no quarrel with rapidity if it could be combined with justice. But it was surely expedient that every precaution should be taken that the Party brought before the tribunal should be assured of the justice of that tribunal. The Bill contained no provision whatever for the alteration or amendment of a scheme made by the Commission. There was nothing to suggest that a scheme once made could ever be altered. A scheme was made by the Commission and after a certain date the Commission disappeared and no arrangement was made for anybody to take its place, whereas in the area of the school, with its shifting population, the whole of the conditions might be altered in five years. He desired, with the Solicitor-General, that if this Bill came into operation it should come into operation with promptitude, but he also desired that it should come in with the goodwill of the parties concerned, and that would not be the case if there was any suggestion that the action of the Commission was hasty and illadvised, or that a decision once given could neither be recousidered nor amended.

said the point of allowing a review of a scheme not by way of appeal from the decision of the Commission, but a review at a later date rendered necessary by a change in circumstances, was engaging the attention of the Minister for Education.

*

said that his Amendment did not provide for an appeal. Its only effect was to give time for consideration and objections. The clause provided no such opportunity, and that being so he must press the Amendment to a division.

said he did not know quite where his Amendment, requiring schemes to be laid on the Table of both Houses for six weeks, stood with regard to this Amendment. It might be that they were the same in effect although they were quite different with regard to the working. However that might be it was not right that a new civil court should be set up without a court of appeal to revise its decisions. Under the law there was no civil court from which there was no appeal. They were now setting up a new jurisdiction— a new civil court without setting up a court of appeal. If the Government said at this stage of the Bill that there should not be a court of appeal there was a good deal more reason for calling this court a Star Chamber than there appeared to be at first. There ought to be an appeal. In the analagous case of the Charity Commissioners the schemes were laid upon the Table of both Houses, and the same thing

AYES.

Abraham, William(Cork, N.E.)Banner, John S. Hannood-Butcher, Samuel Henry
Anson, Sir William ReynellBaring, Hon. Guy (Winchester)Carlile, E. Hildred
Anstruther-Gray, MajorBignold, Sir ArthurCarson, Rt. Hon. Sir Edw. H.
Arkwright, John StanhopeBoland, JohnCave, George
Arnold-Forster, RtHnHughO.Bowles, G. StewartCecil, Evelyn (Aston Manor)
Ashley, W. W.Bridgeman, W. CliveCecil, Lord R. (Marylebone, E.)
Balearros, LordBrotherton, Edward AllenClancy, John Joseph
Balfour, Rt. Hn. A.J. (CityLond.Burdett-Coutts, W.Coates, E. Feetham (Lewisham)
Banbury, Sir Frederick GeorgeBurke, E. Hiiviland-Cochrane, Hon. Thos. H. A. E.

was done in the case of provisional orders, and there ought not to be a new jurisdiction set up without some chance being given to revise its decisions These schemes ought certainly to b submitted to Parliament.

thought there was great force in the suggestion that the schemes should be allowed to lie on the Table of the House, and he came to the conclusion on quite different grounds from those which influenced the hon. Member for Aston Manor. He did not wish to say anything derogatory to the Commission, but at the same time he had to express his regret that among all the experts upon this question it had not been possible for the right hon. Gentleman to find a Nonconformist or a Member of the Liberal Party to serve as one of the Commissioners. Although the Government had no doubt been guided by the desire to find the best men, at the same time it was quite within the bounds of possibility to find Gentlemen for these very important posts who might have given perhaps, greater confidence to the Nonconformists of the country, and also to some Members of the Liberal Party. Therefore, he thought, having in view the extraordinary results that did sometimes arise in appointing to important positions men who had not altogether been tried, it was import that the House should have the opportunity from time to time in years to come to review some of the decisions, if they thought proper, of the Commissioners under the extraordinary powers with which they had been endowed under his Bill.

Question put.

The Committee divided:—Ayes, 116; Noes, 286. (Divisional List No. 200.)

Condon, Thomas JosephHill. Sir Clement (Shrewsbury)O'Kelly, James(Roscornmon, N
Corbett, A. Cameron (Glasgow)Hogan, MichaelO'Malley, William
Courthope, G. LoydHouston, Robert PateraonO'Mara, James
Craik, Sir HenryHunt, RowlandO'Shaughnessy, P. J.
Crean, EugeneKennedy, Vincent PaulO'Shee, James John
Cullinan, J.Kenyon-Slaney, Rt. Hn. Col. WPease, HerbertPike(Darlington
Delany, WilliamKilbride, DenisPowell, Sir Francis Sharp
Devlin, Chas. Ramsay (GalwayKing, Sir Henry Seymour(Hull)Power, Patrick Joseph
Dolan, Charles JosephLane-Fox, G. R.Rasch, Sir Frederic Carne
Donelan, Captain A.Law, Hugh A. (Donegal W.)Rawlinson, John Frederick P.
Douglas, Rt. Hon. A. Akers-Long, Rt. Hn. Walter(Dublin,S)Ridmond, John E. (Waterfora
Du Cros, HarveyLundon, W.Redrrond, William (Clare)
Duffy, William J.Lyttelton, Rt. Hon. AlfredRoberts, S. (Sheffield, Ecclesall
Duncan, Robert(Lanark, GovanMacpherson, J. T.Ropner, Colonel Sir Robert
Fell, ArthurMacVeagh, Jeremiah (Down, S.Rutherford, John (Lancashire)
Field, WilliamM'Kean, JohnStarkey, John R.
Finch, Rt. Hon. George H.M'Killop, W.Sullivan, Donal
Flavin, Michael JosephMagnus, Sir PhilipThomson, W. Mitchell- (Lanark)
Flyun, James ChristopherMarks, H. H. (Kent)Turnour, Viscount
Forster, Henry WilliamMason, James F. (Windsor)Walrond, Hon. Lionel
Gardner, Ernest (Berks, East)Meagher, MichaelWhite, Patrick (Meath, N.)
Gibbs, G. A. (Bristol, West)Middlemore, JohnThrogmortonWilliams, Col. R. (Dorset, W.)
Ginnell, L.Mooney, J. J.Willoughby, de Eresby Lord
Haddock, George R.Murphy. JohnWolff, Gustav Wilhelm
Halpin, J.Nolan JosephWyndham, Rt. Hon. George
Hardy, Laurenee(Kent, Ashf'rdO'Brien, Kendal(Tipperary, MidYoung, Samuel
Hay, Hon. Claude GeorgeO'Brien, Patrick (Kilkenny)Younger, George
Hay den, John PatrickO'Connor, James (Wicklow, W.
Hazleton, RichardO'Connor, John (Kildare, N.)TELLERS FOR THE NOES—Sir Alexander Acland-Hood and Viscount Valentia.
Helmsley, ViscountO'Hare, Patrick
Hervey, F.W.F(BuryS, Edm'dsO'Kelly, Conor (Mayo, N.)

NOES.

Acland, Francis DykeBrigg, JohnDewar, John A. (Inverness-sh
Adkins, W. RylandBright, J. A.Dickinson, W.H.(St. Pancras, N.
Agnew, George WilliamBrocklehurst, W. D.Dilke, Rt. Hon. Sir Charles
Ainsworth, John StirlingBrodie, H. C.Dobson, Thomas W.
Alden, PercyBrooke, StopfordDuncan, C. (Barrow-in-Furness
Allen, A. Acland (Christchurch)Brunner, J. F. L. (Lanes., Leigh)Duncan, J. H. (York, Otley)
Armitage, R.Brunner, SirJohnT.(Cheshire)Dunn, A. Edward (Camborne)
Asquith, Rt. Hn. HerbertHenryBryce, J. A. (Inverness Burghs)Edwards, Enoch (Hanley)
Astbury, John MeirBuckmastor, Stanley O.Edwards, Frank (Radnor)
Baker, Sir John (Portsmouth)Burns, Rt. Hon. JohnElibank, Master of
Baker, Joseph A. (Finsbury, E.)Burnyeat, J. D. W.Ellis, Rt. Hon. John Edward
Balfour, Robert (Lanark)Burt, Rt. Hon. ThomasEve, Harry Trelawney
Baring, Godfrey (Isle of Wight)Buxton, Rt. Hn. Sydney CharlesEverett, R. Lacey
Barker, JohnByles, William PollardFaber, G. H. (Boston)
Barlow, Percy (Bedford)Cameron, RobertFenwick, Charles
Barnard, E. B.Carr-Gomm, H. W.Fereng, T. R.
Barnes, G. N.Causton. Rt. Hn. RichardKnightFiennes. Hon. Eustace
Beale, W. P.Cheetham, John FrederickFuller, John Michael F.
Beauchamp, E.Cherry, Rt. Hon. R. R.Fullerton, Hugh
Beaumont, W. C. B. (Hexham)Clarke, C. GoddardGill, A. H.
Bock, A. CecilCleland. J. W.Gladstone, Rt. Hn. HerbertJohn
Bell, RichardClough, W.Glendinning, R. G.
Bellairs, CarlyonClynes. J. R.Goddard, Daniel Ford
Belloc, Hilaire Joseph Peter R.Coats, Sir T. Glen (Renfrew, W.)Gooch, George Peabody
Benn,W.(T'w'r Hamlets,S.Geo.Cobbold, Felix ThornleyGrant, Corrie
Bennett, E. N.Collins, Stephen (Lambeth)Greenwood, G. (Peterborough)
Berridge, T. H. D.Collins, Sir Wm. J.(S. Pancras, WGreenwood, Hamar (York)
Bertram, JuliusCorbett.CH (Sussex, E. Grinst'd)Grey, Rt. Hon. Sir Edward
Bethell, J.H. (Essex, Romford)Cornwall, Sir Edwin A.Griffith, Ellis J.
Bethell, T. R. (Essex, Maldon)Cory, Clifford JohnGrove, Archibald
Billson, AlfredCotton, Sir H. J. S.Gulland, John W.
Black, Alexander Win. (Banff)Craig, Herbert J. (TynemouthGurdon, Sir W. Brampton
Black, ArthurW.(BedfordshireCremer, William RandalHall, Frederick
Bolton, T.D. (Derbyshire, N.E.)Crosfield, A. H.Hardy, George A. (Suffolk)
Boulton, A. C. F. (Ramsey)Davies, David(MontgomeryCo.Harms worth, Cecil B. (Worc'r)
Brace, WilliamDavies, Ellis William (Eifion)Hart-Davies, T.
Bramsdon, T. A.Davies, Timothy (Fulham)Harvey, A. G. C. (Rochdale)
Branch, JamesDavies, W. Howell (Bristol, S.)Harwood, George

Haslam, James (Derbyshire)Masterman, C. F. G.Seaverns J. H.
Haslam, Lewis (Monmouth)Micklem, NathamelShackleton, David .James
Hazel, Dr. A. E.Molteno, Percy AlportShaw, Charles Edw. (Stafford)
Hedges, A. PagetMond, A.Sliipman, Dr. John G.
Henderson, Arthur (Durham)Money, L. G. ChiozzaSilcock, Thomas Ball
Henderson, J. M (Aberdeen, W.)Montagu, E. S.Sloan, Thomas Henry
Henry, Charles S.Montgomery, H. H.Smeaton, Donald Mackenzie
Herbert, Col. Ivor (Mon., S.)Morgan, G. Hay (Cornwall)Snowden, P.
Herbert, T. Arnold (WyeombeMorgan, J Lloyd (Carmarthen)Soares, Ernest J.
Higham, John SharpMorrell, PhilipSpicer, Albert
Hobart, Sir RobertMorse, L. L.Stanley, Hn. A Lyulph (Chesh)
Hobhouse, Charles E. H.Murray, JamesStewart, Halley (Greenock)
Hodge, JohnMyer, HoratioStewart-Smith, D. (Kendal)
Holden, E. HopkinsonNapier, T. B.Strachey, Sir Edward
Hope, W. Bateman(Somerset, N)Newnes, Sir George (Swansea)Straus, B. S. (Mile End.)
Horniman, Emslie JohnNicholls, GeorgeStrauss, E. A. (Abingdon)
Howard, Hon. GeoffreyNicholson, Chas. N. (Doncast'rStuart, James (Sunderland)
Hyde, ClarendonNorman, HenrySummerbell, T.
Illingworth, Percy H.Norton, Capt. Cecil WilliamTaylor, Austin (East Toxteth)
Isaacs, Rufus DanielNuttall, HarryTaylor, John W. (Durham)
Jackson, R. S.Paul, HerbertTaylor, Theodore C.(Radcliffe)
Jacoby, James AlfredPearce, Robert (Staffs, Lock)Tennant,Sir Edward (Salisbury
Jardine, Sir J.Pearce, William (Limehouse)Tennant, H. J. (Berwickshire)
Jenkins, J.Pearson, W.H.M.(Suffolk, Eye)Thomas, SirA. (Glamorgan, E.)
Johnson, John (Gateshead)Philipps, Col. Ivor(S'thampton)Thomasson, Franklin
Johnson, W. (Nuneaton)Philipps. J Wynford(PembrokeThompson, J. W.H(Somerset, E.
Jones, Leif (Appleby)Philipps, Owen C. (Pembroke)Torrance, A. M.
Kearley, Hudson E.Pollard, Dr.Toulmin, George
Kekewich, Sir GeorgePrice, C.E. (Edinburgh, Central)Vivian, Henry
King, Alfred John(Knutsford)Price, Robert John(Norfolk, E.)Walker, H. De E. (Leicester)
Laidlaw, RobertPriestley, Arthur (Grantham)Wallace, Robert
Lamb, Edmund G. (LeorainsterPriestley, W.E.B. (Bradford, E.Walsh, Stephen
Lamb, Ernest H.(Rochester)Radford, G. H.Walters, John Tudor
Lambert, GeorgeRainy, A. HollandWalton, Sir John L. (Leeds, S.)
Lamont, NormanRaphael, Herbert H.Ward, John (Stoke-upon-Trent
Lea, HughCecil (St. Pancras, E.)Rea, Russell (Gloucester)Wardle, George J.
Leese, SirJoseph F. (AccringtonRoa, Walter Russell (Scarboro'Wason, Eugene (Clackmannan
Lohmann, R. C.Rees, J. D.Wason, JohnCathcart(Orkney)
Lever, A. Levy (Essex, Harwich)Rendall, AthelstanWaterlow, D. S.
Lever, W. H.(Cheshire, Wirral)Renton, Major LeslieWedgwood, Josiah C.
Levy, MauriceRichards, T. F.(Wolverh'mpt'nWhite, J. D. (Dumbartonshire)
Lewis, John HerbertRickett, J. ComptonWhite, Luke (York, E.R.)
Lough, ThomasRoberts, G. H. (Norwich)Whitehead, Rowland
Lupton, ArnoldRoberts, John H. (Denbighs)Whitley, J.H. (Halifax)
Luttrell, Hugh FownesRobertson, Rt. Hn. E. (Dundee)Wiles, Thomas
Macdonald, J. R. (Leicester)Robertson, SirG. Scott(Bradf'rdWilliams, J. (Glamorgan)
Macdonald, J.M.(Falkirk B'ghsRobertson, J. M. (Tynesido)Williams, LlewellynfCarm'rth'n
Maclean DonaldRobinson, S.Williams, Arthur Walters
Maenamara, Dr. Thomas J.Robson, Sir William SnowdonWilson, John (Durham, Mid)
M'Arthur, WilliamRogers, F. E. NewmanWilson, W. T. (Westhoughton)
M'Crae, GeorgeRunciman, WalterWodehouse, Lord(Norfolk, Mid
M'Kenna, ReginaldRussel, T.W.Wood, T. M'Kinnon
M'Micking, .Major G.Samuel, Herbert L. (Cleveland)Yoxall James Henry
Maddison, FrederickScarisbrick, T. T. L.
Mallet, Charles E.Schwann, C. Duncan (Hyde)TELLERS FOR THE NOES—Mr. Mr. Whiteleyand Mr. J. A. Pease.
Mansfield, H. Rendall (Liocoln)Schwann, SirC- E. (Manchester
Marnham, F. J.Scott, A.H (Ashton under Lyne)
Massie, J.Sears, J.E.

moved an Amendment requiring that a scheme made by the Commission should be laid upon the Table of both Houses of Parliament as soon as possible after the same had been made, and should lie there for six weeks, and should have effect as if enacted by the Act, unless within that period a Resolution were passed by either House rejecting the same. This practice was a very usual one. It was done in the case of the Charity Commissioners and in the case of Provisional Orders, and he thought the decisions of this Commission were exactly in the same category. It would secure a much greater measure of justice to the schemes and to the parties represented. It was a much shorter procedure than that under the Endowed Schools Acts. It was entirely different from the last Amendment in that particular. It was also more concise and simplified. It was one which hon. Gentlemen who had studied the practice of Parliament thoroughly understood, and it seemed to him that in a matter of this kind where no appeal whatever was to be made, the simple, natural, and usual procedure was to establish a time limit during which these schemes should lie on the Table of both Houses, and during which objectors who had a locus standi could make themselves heard, and the matter could be decided by Parliament.

Amendment proposed—

" In page 6, line 1, after the word ' shall' to insert the words ' be laid upon the Table of both Houses of Parliament as soon as possible after the same has been made, and shall lie there for six weeks, and, unless within that period a Resolution shall be passed by either House rejecting the same.'"—(Mr. Evelyn Cecil.)

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

said he could not accept the Amendment, first, on the ground that its effect would be to delay proceedings, and, secondly, on the ground that it would not enable the parties to come to an amicable settlement.

submitted that, since they were giving to the Commission a much greater power than even the Court of Chancery possessed, there ought to be some provision for Parliament to review their decisions. There was no precedent for enacting that a scheme should have effect without Parliament having any power whatever in the matter. There were precedents for giving power to make schemes, but in this case they were going

AYES.

Abraham, William (Cork, N.E.)Banbury, Sir Frederick GeorgeBurke, E. Hiiviland-
Acland-Hood, Rt. HnSirAlex FBanner, John S. Harmood-Butcher, Samuel Henry
Anson, Sir William ReynellBaring, Hn. Guy (Winchester)Carlile, E. Hildred
Anstruther-Gray, MajorBignold, Sir ArthurCarson, lit. Hon. Sir Edw. H.
Arkwright, John StanhopeBoland, JohnCave, George
Arnold-Forster, Rt. Hn. HughOBowles, G. StewartCavendish, Rt. Hn. Victor C.W
Ashley, W. W.Boyle, Sir EdwardCecil, Lord John P. Joicey-
Aubrey-Fletcher, Rt. Hn. SirH.Bridgenian, W. CliveCecil, Lord K. (Marylebone, E.)
Balcarres, LordBrotherton, Edward AllenClancy, John Joseph
Balfour, RtHn. A.J. (CityLond.)Burdett-Coutts, W.Coates, E. Feetham (Lewishani)

a great deal further, because they we making them part of the Act of Parliament. They had been told that the Commissioners were going to act in the same way as the Court of Chancery, b all schemes drawn up by the Court Chancery were subject to review in the Court of Appeal and if necessary in the House of Lords. Were they giving the exceptional powers to the Commissioners because the Government thought the were better judges than the Judges in the Court of Chancery? He could not si why they should be placed in a different position.

thought they were entitled to some answer from the Government upon this point. No precedent had bee put forward for such a procedure as this in fact it was an absolutely unprecedented clause, because it deprived the King's Bench of the right to interfere even by the old remedy of prohibition or the rule of certiorari. It was astonishing that they could get no further explanation in regard to a proceeding which place these three distinguished men in position superior to the Court of Chancery and made their schemes perpetual. Surely they were entitled to some explanation t make their bewilderment less.

said the question c the terms of the agreement was a matter which would be reserved for consideration on Report, but as to precedent, the provision now challenged was adopted and adapted from the Church of Scotland Act, 1905, for which the Front Opposition Bench itself was responsible.

Question put.

The Committee divided—Ayes, 135 Noes, 299. (Division List No.201.)

Cochrane, Hn. Thos. H. A. E.Hunt, RowlandO'Shee, James John
Collins, SirWm J(S. Pancras, WKennedy, Vincent PaulPease, HerbertPike(Darlington)
Condon, Thomas JosephKenyon-Slaney, Rt. HnCol. W.Powell, Sir Francis Sharp
Courthope, G. LoydKeswick, WilliamPower, Patrick Joseph
Craik, Sir HenryKilbride, DenisRasch, Sir Frederic Carne
Crean, EugeneKing, Sir Henry Seymour(HullRedmond, John E.(Waterford)
Cullinan, J.Lamb, Ernest H. (Rochester)Redmond, William (Clare)
Delany, WilliamLane-Fox, G. R.Roberts, S. (Sheffield, Ecclesall)
Devlin, Chas. Ramsay (Galway)Law, Hugh A. (Donegal, W.)Roche, John (Galway, East)
Dolan, Charles JosephLong, Col. Ch"s. W. (Evesham)Ropner, Colonel Sir Robert
Donelan, Captain A.Long, Rt. Hn. Walter(Dublin, S.)Rutherford, John (Lancashire,
Douglas, Rt. Hn. A. Akers-Lundon, W.Scott, SirS. (Marvlebone, W.)
Du Cros, HarveyLyttelton, Rt. Hon. AlfredSmith, AbelH. (Hertford, East)
Duffy, William J.Macpherson, J. T.Starkey, John R.
Duncan, Robt. (Lanark, Govan)Mac Voagh, Jeremiah (Down, S.)Sullivan, Donal
Fell, ArthurM'lver, SirLewisfEdinburghW.Talbot, Rt. Hn. J.G.(Oxf'd Univ.
Field, WilliamM'Kean, JohnThomson, W. Mitchell (Lanark)
Finch, Rt. Hon. George H.M'Killo ., W.Thornton, Percy M.
Flavin, Michael JosephMagnus, Sir PhilipValentia, Viscount
Flynn, James ChristopherMarks, H. H. (Kent)Waldron, Laurence Ambrose
Forster, Henry WilliamMason, James F. (Windsor)Walrond, Hon. Lionel
Gardner, Ernest (Berks, East)Meagher, MichaelWarde, Col. ('. K. (Kent, Mid)
Gibbs, G. A. (Bristol, West)Middle more, J. ThroginortonWhite, Patrick (Meath, North)
Ginnell, L.Mooney, J. J.Wiles, Thomas
Haddock, George R.Murphy, JohnWilliams, Col. R. (Dorset, W.)
Halpin, J.Nicholson, Win. G. (Petersfield)Willoughby de Eresby, Lord
Hardy, Laurence (Kent, Ashf' d.)Nolan, JosephWolff, Gustav Wilhelm
Harrison Broadley, Col. H. B.O'Brien, Kendal(TipperaryMid.Wortley, Rt. Hn. C. B. Stuart
Hay, Hon. Claude GeorgeO'Brien, Patrick (Kilkenny)Wyndham, Rt. Hn. George
Hayden, John PatrickO'Connor, James(Wieklow, WYoung, Samuel
Hazloton, RichardO'Connor, John (Kildare, N)Younger, George
Helmsley, ViscountO'Hare, Patrick
Hervev, F.W.F.(BurvS.Edm'dsO'Kelly, Conor (Mayo, N.)TELLERS FOR THE AYES—Mr. Evelyn Cecil and Mr. Rawlinson.
Hill, Sir Clement (Shrewsbury)O'Kelly, James(Roscommon ,N.
Hogan, MichaelO'Malley, William
Hornby, Sir William HenryO'Mara, James
Houston, Robert PatersonO Shaughnessy, P. J.

NOES.

Acland, Francis DykeBillson, AlfredClynes, J. R.
Adkins, W. RylandBirrell, Rt. Hon AugustineCoats, Sir T. Glon(Renfrew. W.)
Agnew, George WilliamBlack, Alexandi-ii Win. (Banff)Cobbold, Felix Thornley
Ainsworth, John StirlingBlack, Arthur W. (BedfordshireCollins, Stephen (Lambeth)
Alden, PercyBolton, T.D.(Derbyshire, N.E.)Cooper, G. J.
Allen, A. Acland (Christehurch)Boulton, A. C. F. (Ramsey)Corbett, A. Cameron (Glasgow)
Armitage, R.Brace, WilliamCorbett, C. H.(Sussex, E Grinst'd
Asquith, Rt. Hn. HerbertHenryBramsdon, T. A.Cornwall, Sir Edwin A.
Astbury, John MeirBranch, JamesCory, Clifford John
Baker, Sir John (Portsmouth)Brigg, JohnCotton, Sir H. J. S.
Baker, Joseph A.(Finsbury, E.Bright, J. A.Craig, Herbert.). (Tynemouth)
Balfour, Robert (Lanark)Brocklehurst, W. D.Cremer, William Randal
Baring, Godfrey (Isle of Wight)Brodie, H. C.Crosfield, A. H.
Barker, JohnBrooke, StopfordDavies, David(Montgomery Co.
Barlow, Percy (Bedford)Brunner, J. F.L. (Lancs., Leigh)Davies, Ell s William (Eifion)
Barnard, E. B.Brunner, Sir John T.(Cheshire)Davies, Timothy (Fulham)
Barnes, G. N.Bryce, J. A. (Inverness Burghs)Davies, W. Howell (Bristol, S.)
Barren, Rowland HirstBuchanan, Thomas RyburnDewar, John A. (Inverness-sh.
Beale, W. P.Buckmaster, Stanley O.Dickinson, W.H.(St. Pancras, N.)
Beauchamp, E.Burns, Rt. Hon. JohnDobson, Thomas W.
Beaumont, Hubert(EastbourneBurnyeat, J. D. W.Duncan, C. (Barrow-in-Furness
Beaumont, W. C. B. (Hexham)Burt, Rt. Hon. ThomasDuncan, J. H. (York, Otley)
Beck, A. CecilBuxton, Rt. Hn. SydneyChas.Dunn, A. Edward (Camborne)
Bell, RichardByles, William PollardDunne, Major E. Martin(Walsall
Bellairs, CarlyonCameron, RobertEdwards, Enoch (Hanley)
Belloc, Hilaire Joseph Peter R.Carr-Gomm, H. W.Edwards, Frank (Radnor)
Benn, W.(T'w'rHamlets, S. Geo.)Causton, Rt. HnRichard KnightElibank, Master of
Bennett, E. N.Cheetham, John FrederickEllis, Rt. Hon. John Edward
Berridge, T. H. D.Cherry, Rt. Hon. R. R.Eve, Harry Trelawney
Bertram, JuliusClarke, C. GoddardEverett, R. Lacey
Bethell, J.H.(Esseex, Romford)Cleland, J. W.Fenwick, Charles
Bethell, T. R. (Essex, Maldon)Clough, W.Ferens, T. R.

Fiennes, Hon. EustaceLough, ThomasRunciman, Walter
Fowler, Rt. Hon. Sir HenryLupton, ArnoldRussell, T. W.
Fuller, John Michael F.Luttrell, Hugh FownesSamuel, Herbert L. (Cleveland)
Fullerton, HughMacdonald, J. R. (Leicester)Scarisbrick, T. T. L.
Gibb, James (Harrow)Macdonald, J.M.(FalkirkB'ghs)Schwann, C. Duncan (Hyde)
Gill, A. H.Maclean, DonaldSchwann, Sir C.E.(Manchester)
Gladstone, Rt. Hn. Herbert JohnMacnamara, Dr. Thomas J.Scott, A.H.(Ashton under Lyne)
Glendinning, R. G.M'Arthur, WilliamSears, J. E.
Goddard, Daniel FordM'Callum, John M.Shackleton, David James
Gooch, George PeabodyM'Crae, GeorgeShaw, Charles Edw. (Stafford
Grant, CorrieM'Kenna, ReginaldShipman, Dr. John G.
Greenwood, G. (Peterborough)M'Micking, Major G.Silcock, Thomas Ball
Greenwood, Hamar (York)Maddison, FrederickSinclair, Rt. Hon. John
Grey, Rt. Hon. Sir EdwardMallet, Charles E.Sloan, Thomas Henry
Griffith, Ellis J.Manfield, Harry (Northants)Smetton, Donald Mackenzie
Grove, ArchibaldMansfield, H. Rendall(Lincoln)Snowden, P,
Gulland, John W.Marnham, F. J.Soares, Ernest J.
Gurdon, Sir W. BramptonMassie, J.Spicer, Sir Albert
Hall, FrederickMasterman, C. F. G.Stanley, Hn. A. Lyulph(Chesh.)
Hardy, George A. (Suffolk)Micklem, NathanielStewart, Halley (Greenock)
Harmsworth, Cecil B. (Worc'r)Molteno, Percy AlportStewart-Smith, D. (Kendal)
Harmswoth, R.L. (Caithn'ss-shMond, A.Strachey, Sir Edward
Hart-Davies, T.Money, L. G. ChiozzaStraus, B. S. (Mile End)
Harvey A. G. C. (Rochdale)Montagu, E. S.Strauss, E. A. (Abingdon)
Harwood, GeorgeMontgomery, H. G.Stuart, James (Sunderland)
Haslam, James (Derbyshire)Morgan, G. Hay (Cornwall)Siunmerbell, T.
Haslam, Lewis (Monmouth)Morgan, J. Llovd(Carmarthen)Taylor, Austin (East Toxteth)
Hazel, Dr. A. E.Morrell, PhilipTaylor, John W. (Durham)
Hedges, A. PagetMorse, L. L.Taylor, Theodore C.(Radcliffe)
Henderson, Arthur (Durham)Myer, HoratioTennant, SirEdward(Salisbury)
Henderson, J.M.(Aberdeen, W.)Napier, T. B.Tennant, H. J. (Berwickshire)
Henry, Charles S.Newnes, Sir George (Swansea)Thomas, SirA. (Glamorgan, E.
Herbert, Colonel Ivor (Mon., S.)Nicholls, GeorgeThomason. Franklin
Herbert, T. Arnold (WycombeNicholson, Chas. N.(Doncaster)Thompson, J. W,H.(S'mers't, E..
Higham, John SharpNorman, HenryTomkinson, James
Hobart, Sir RobertNorton, Capt. Cecil WilliamTorrance, A.M.
Hobhouse, Charles E. H.Nuttall, HarryToulmin, George
Hodge, JohnPaul, HerbertTrevelyan, Charles Philips
Holden, E. HopkinsonPearce, Robert (Staffs. Leek)Ure, Alexander
Hope, John Deans (Fife, West)Pearce, William (limehouse)Vivian, Henry
Hope, W. Bateman (Somerest, NPearson, W.H.M. (Suffolk, Eye)Walker, H. De R. (Leicester)
Horniman, Emsile JohnPhilipps, Col. Ivor (S'thampton)Wallace, Robert
Howard, Hon. GeoffreyPhilipps, J. Wynford(PembrokeWalsh. Stephen
Hyde, ClarendonPhilpps, Owen C. (Pembroke)Walters, John Tudor
Illingworth, Percy H.Pollard, Dr.Walton, Sir John L. (Leeds, S.)
Isaacs, Rufus DanielPrice, C.E. (Edinburgh, Central)Ward, John (Stoke-on-Trent)
Jackson, R.S.Price, Robert John (Norfolk, E.)Wardle, George J.
Jacoby, James AlfredPriestley, Arthur (Grantham)Wason, Eugene (Clackmannan)
Jardine, Sir J.Priestley, W.E.B.(Bradford, E.)Wason, John Cathcart(Orkney)
Jenkins, J.Radford, G.H.Waterlow, D.S.
Johnson, John (Gateshead)Rainy, A. RollandWedgwood, Josiah C.
Johnson, W. (Nuneaton)Raphael, Herbert H.White, J. D. (Dumbartonshire)
Jones, Leif (Appleby)Rea, Russell (Gloucester)White, Luke (York, E.R.)
Kearley, Hudson E.Rea, Walter Russell (Scarbora'Whitehead, Rowland
Kekewich, Sir GeorgeRees, J. D.Whitley, J. H. (Halifax)
King, Alferd John (Knutsford)Rendall, AthelstanWilliams, J. (Glamorgan)
Laidlaw, RobertRenton, Major LeslieWilliams, Llwwelyn (C'rm'rth'n
Lamb, EdmundG. (LeominsterRichards, T.F. (Wolverhampt'nWills,Arthur Walters
Lambert, GeorgeRickett, J. ComptonWilson, Hon. C.H.W.(Hull, W.
Lamont, NormanRoberts, Charles H. (Lincoln)Wilson, John (Durham, Mid.)
Lea, Hugh Cecil(St. Pancras, E.Roberts, G. H. (Norwich)Wilson, W. T. (Westhoughton
Leese, SirJosephF. (Accrington)Roberts, John H. (Denbighs.)Winfrey, R.
Lehmann, R.C.Robertson, Rt. Hn. E. (Dundee)Wodehouse, Lord(Norfolk, Mild)
Lever, A.Levy (Essex, HarwichRobertson, SirG. Scott(Bradf 'rdWood, T. M'Kinnon
Lever, W.H. (Cheshire, Wirral)Robertson, J.M. (Tyneside)Yoxall, James Henry
Levy, MauriceRobson, Sir William SnowdonTELLERS FOR THE NOES— Mr. Whiteley and Mr. J. A. Pease.
Lewis, John HerbertRogers, F. E. Newman
Lloyd-George, Rt. Hon. DavidRowlands, J.

*

moved to insert words providing that a scheme " may from time to time be altered by-order of the Board of Education on the application of the owners of the school or the local education authority, and with the consent of both." He understood that this matter had already engaged the attention of the President of the Board of Education. He moved the Amendment for the purpose of calling attention to the extraordinary gap which existed in the clause as it stood. He did not suppose that it was intended that the Commission should be permanent. That being so, there was no power to which the owners of schools and the local education authorities might go for the determination of questions arising between them after the Commission had ceased to exist. Unless words were inserted a curious state of things might arise. After a school had been adopted under Clause !i the neighbourhood might change altogether and the school be no longer needed, yet the local authority would be bound to maintain the building and the owners to provide the school. In that way the owners of the school might be prevented from using the school for some more useful purpose. Under these circumstances he moved the Amendment pro forma. He thought the Government i had already considered the question, butt he was sure that there would be great difficulty in working the clause.

Amendment proposed—

" In page 6, line 2, at end, to insert the words " but may from time to time be altered | by older of the Board of Education on the application of the owners of the school or the local education authority, and with the consent | of both.' "—(Sir William Anson.)

Question proposed, " That those words j be there added."

said that Part II. provided for an alteration of the scheme, but, as he proposed, with the approval of Gentlemen opposite, to move the omission of Part II., some Amendment would be necessary. He did not himself think that the Amendment of the hon. Baronet went quite far enough; and, therefore, it would be necessary on Report for him to introduce words which would fill the gap and carry out the object desired more efficiently.

Amendment, by leave, withdrawn.

*

moved the omission of sub-section (4). It had been stated that there was an analogy between the action of the Commission in the case of the Scottish Churches and the power to be given to the Commission in this Bill; but he believed that there was no relation between the circumstances of the two cases, Whether that were so or not, this was a new Parliament, and Members were fully entitled to receive some justification for this entirely unprecedented and most remarkable action. It was more than whispered that this Court was of a highly exalted character, and that it would be almost an insult to submit its decisions to review. It should be remembered however, that Courts of the highest authority, manned by lawyers of the greatest legal distinction, experience, and skill were not ashamed to have their decisions reviewed. The Commission proposed to be set up by this Bill was at least as liable to error as other human institutions. It might err by exceeding its powers, by greatly mistaking them, or by inadequate interpretation of the language of the statute. He maintained that old principles should be adopted the solution of new problems which demanded the highest exercise of the best judicial mind. The power of review was one of the greatest importance. He happened to remember the time when this House passed an Address to the Crown relating to schemes of the Endowed Schools Commission with no power of review. Some change was necessary. Shortly after a Bill was introduced and passed to effect a change by giving powers to review. He thought that instead of establishing this new Commission certain powers required in dealing with trusts, charitable or educational, might have been given to the Charity Commissioners.

Amendment proposed—

" In page 6, line 3, to leave out subsection (4)."—(Sir Francis Powell.)

Question proposed, " That the words proposed to be left out to the word ' and,' in line 5, stand part of the clause."

said that strong words had been used in reference to a provision which had not even the merit of originality. The sub-section followed the language of the Churches of Scotland Act of 1905. He thought that in a case of this sort, having constituted a Court consisting of a member of the Judicial Committee of the Privy Council and two other distinguished men, it would be absurd to allow an appeal in even case. It was essential that the Court should be strong, competent, and likely to inspire confidence; and that it should be allowed to carry out the object they all desired, a speedy settlement. It was true that the Commission would have to deal with very difficult questions affecting a large number of cases, but none of the forebodings expressed in old times in similar circumstances had been warranted by facts. There was no more remarkable and useful Commission of lawyers than that which was presided over by Sir Matthew Hale and which settled all the cases between landlord and tenant, leaseholders and freeholders, remaindermen and reversionaries, arising out of the Fire of London. That seemed going back a long time, but let anyone visiting Guildhall see the portrait there of Sir Matthew Hale, presented by the Corporation of London as a testimony of their obligation to him and the Court over which he presided. There was no appeal from their decisions, and they brushed aside the ordinary rules of evidence as then existing, and in the course of thirteen months an enormous number of cases were settled, involving immense sums, arising out of the Fire of London, which destroyed hundreds of deeds. All the cases were settled to the satisfaction of everybody end no appeal was allowed. Only one solitary peer made a complaint in the book of protests, that true home of lost causes, because he was shocked at there being no appeal. It was essential that the competent Court to be established under the Bill should settle these cases finally and quickly.

had nothing whatever to say against the interesting historical review of the right hon. Gentle-ma n, in which he went back to 1666. [Mr. BIRRELL: The same period as the Act of Uniformity.] The right hon. Gentleman assumed that the perpetual tribute was awarded to Sir Matthew Hale because he swept aside all the rules of evidence and forms of procedure, and he might ask the right hon. Gentleman if these three gentlemen wore expected to perform a great public service of the same character. ["No, no."] Then there was no chance of their earning the immortality accorded to Sir Matthew Hale. One observation of the right hon. Gentleman's was unnecessarily controversial, when he said that no man who was party to the Act of the late Government in connection with the troubles in the Scottish Presbyterian Churches could object to this. But there was absolutely no parallel. The right hon. Gentleman had reminded them that this Commission would act according to the procedure of the Courts. The Scottish Commission had to deal with a great practical issue which was outside any mere legal decision, and of the three gentlemen appointed only one was a lawyer. There was no suggestion that they were to follow the practice of any Court of law. The gentlemen appointed under this Bill were a Court of law. He should like to ask what Court would have power to interfere with the Commission if sub-section (4) was not passed? If the Commission, acting within their powers, were to misuse those powers, it might be desirable that there should be an appeal, though he would be prepared to take the risk simply with a view to stopping interminable legal proceedings. But it was also possible that the Commissioners might go outside their powers. In that case, was there any power to restrain their action by any of His Majesty's Courts?

expressed the opinion that if there was reason to believe that the Commission had not acted in accordance with the ordinary principles of the Court of Chancery, and there was no sub-section like that with which they were dealing, it would be possible to proceed, not by way of direct appeal, but by mandamus or prohibition, by some order from a superior Court on the ground that the Commissioners were not acting within their proper scope. In his opinion, this sub-section would prevent any proceedings by way of prohibition so long as the Commissioners did not go outside the whole scope of the Act. If they were to enact that money should be devoted under a scheme to some purpose wholly foreign to the general objects and purpose of the Act, in his opinion the right of the superior Court to proceed by way of prohibition would exist, but within certain limits.

*

said he did not know whether it was the intention and desire of the Government that there should be a right of prohibition or some such power surviving to interfere with the action of the Commissioners if that action had been to travel outside the powers vested in them; but if so, he desired to impress upon the Government the fact that the language of this section was particularly ill-adapted to secure that result. It was provided in the first place in Clause 8, sub-section (2), that the Commission should act in accordance with the principles followed by the High Court, but the Committee must consider the effect of sub-section (4),which provided that no Court should have power to review or interfere in any way with the scheme or proceedings of the Commission. He asked under what words in this Bill, or under what common law right existing independently of the Bill, the Solicitor-General suggested that the right of prohibition could survive in the face of the perfectly clear statement in the clause. Did he understand the Solicitor-General to say that such an interference would not be in direct violation of the words of this section, which were that no Court should interfere in any way? He thought if the hon. and learned Gentleman had spoken a little more considerately he would not have given that opinion. It became necessary, therefore, to ask for a clear and distinct opinion from either the Solicitor-General or the right hon. Gentleman in charge of the Bill, who had had the advantage of a long and distinguished career on the Chancery side. He contended that if they were to attempt any proceedings by way of mandamus or prohibition upon the Bill as drafted, and if they were asked how they could justify their claim ' to this remedy in face of the words of Clause 4, no living lawyer could make an answer which would satisfy the Court. He welcomed the statement, however, that it was the intention of this Bill that if the Commissioners travelled outside their jurisdiction they should be dealt with. If that was the view of the Government he should certainly ask the Minister in charge of the Bill to make some change in these words.

said he had observed that upon every legal question of great general public interest and importance all the eminent lawyers in the House always differed, while the sensible laymen always agreed. He merely rose to remind the Loader of the Opposition that there was a Court, the creation of a recent statute, from which there was no appeal at all, namely, the Judicial Committee of the Privy Council.

sincerely hoped the Government would accept this Amendment. The real point was whether under this clause there would be any appeal at all. He would, therefore, ask the solicitor-General whether he really suggested that there would be any means of-restraining the Commissioners, however widely they might travel beyond their jurisdiction.

said that no proceeding of prohibition would be effective under Sub-section (4), but that he could imagine a case arising under the Churches of Scotland Act where the Commissioners had allocated the property to some other community altogether than either the United Free Church or the Free Church. That, clearly, would be going so entirely beyond the real purpose of the Act as to approach almost to the committing of an illegal act. Under those circumstances, he thought prohibition would lie.

reminded the hon. Member for Northampton that it was not at all to be wondered at that lawyers and even Courts disagreed on these points. When lawyers were spoken of contemptuously it might be only fair to bear in mind that they rendered a service in this House in pointing out directions in which improvements could be effected in Bills. He gathered from the speech of the Solicitor-General that under certain circumstances prohibition might lie and that under certain other circumstances prohibition might not lie: but he thought the hon. and learned Gentleman would agree that it would be impossible to tell under what circumstances

AYES.

Acland, Francis DykeCherry, Rt. Hon. R. R.Hall, Frederick
Adkins, W. RylandChurchill, Winston SpencerHardie, J. Koir(MerthyrTydvil)
Agnew, George WilliamClarke, C. GoddardHardy, George A. (Suffolk)
Alden, PercyCleland, J. W.Harmsworth, Cecil B. (Worc'r)
Allen, A. Acland (ChristchurchClough, W.Harmsworth. R. L. (Caithn'ss-sh
Armitage, R.Coats, Sir T. Glen (Renfrew, W.)Hart-Davies, T.
Ashton, Thomas GairCobbold, Felix ThornleyHarvey, A. G. C. (Rochdale)
Asquith, Rt. Hn. Herbert H.Collins, Stephen (Lambeth)Harwood, George
Astbury, John MeirCollins, SirWm J(S. Paneras, W.Haslam, James (Derbyshire)
Baker, Sir John (Portsmouth)Cooper, G. J.Haslam, Lewis (Monmouth)
Baker, Joseph A. (Finsbury, E)Corbett, C.H(Sussex, E. Grinst'dHazel, Dr. A. E.
Balfour, Robert (Lanark)Cornwall, Sir Edwin A.Hedges, A. Paget
Baring, Godfrey (Isle of Wight)Cory, Clifford JohnHenderson, Arthur (Durham)
Barker, JohnCotton, Sir H. J. S.Henderson. J. M. (Aberdeen, W-
Barlow, Percy (Bedford)Craig, H. J. (Tynemouth)Henry, Charles S.
Barnard, E. B.Cremer, William RandalHerbert, Col. Ivor (Mon., S.)
Barran, Rowland HirstCrosfield, A. H.Herbert, T. Arnold (Wycombe)
Beale, W, P.Davies, David (Montgomery CoHigham, John Sharp
Beauchamp, E.Davies, Ellis William (Eifion)Hobart, Sir Robert
Beaumont, Hubert(EastbourneDavies, Timothy (Fulham)Hobhouse, Charles E. H.
Beaumont. W. C. B. (Hexham)Davies, W. Howell (Bristol, S.)Hodge, John
Beck, A. CecilDewar, John A. (Inverness-sh.Holden, E. Hopkinson
Bell, RichardDickinson, W.H.(St. Pancras, NHolland. Sir William Henry
Bellairs, CarlyonDobson, Thomas W.Hope, John Deans (Fife, West)
Benn, W. (T'w'r Hamlets, S. GeoDuncan, C. (Barrow-in-FurnessHope, W. Bateman(Somerset, N.
Bennett, E. N.Duncan, J. H. (York, Otley)Horniman. Emslic John
Berridge, T. H. D.Dunn, A. Edward (Camborne)Howard, Hon. Geoffrey
Bertram, JuliusDunne, MajorMartin(Walsall)Hyde, Clarendon
Bethell, J. H. (Essex, Romford)Edwards, Clement (Denbigh)Illingworth, Percy H.
Bethell, T. H. (Essex, Maldon)Edwards, Enoch (Hanley)Isaacs, Rufus Daniel
Billson, AlfredEdwards, Frank (Radnor)Jackson, R. S.
Birrell, Rt. Hon. AugustineElibank, Master ofJardine, Sir J.
Black, Alexander Win. (Banff)Ellis, Rt. Hon. John EdwardJenkins, J.
Black, ArthurW.(BedfordshireEv., Harry TrelawneyJohnson, John (Gateshead)
Bolton, T. D. (Derbyshire, N.E.Everett, R. LaceyJohnson, W. (Nuneaton)
Boulton, A. C. F. (Ramsey)Fenwick, CharlesJones, Leif (Appleby)
Brace, WilliamFereny, T. R.Jones, William (Carnarvonsh.
Bramsdon, T. A.Fiennes, Hon. EustaceJowett, F. W.
Branch, JamesFoster, Rt. Hon. Sir WalterKearley, Hudson E.
Brigg, JohnFowler, Rt. Hon. Sir HenryKekewich, Sir George
Bright, J. A.Fuller. John- .Michael F.Kineaid-Stniih, Captain
Brocklehurst, W. D.Fullerton, HughKing, Alfred John (Knutsford)
Brodie, H. C.Gardner, Col. Alan(Hereford, S.Laidlaw, Robert
Brooke, StopfordGibb, James (Harrow)Lamb, Edmund G. (Leominster)
Brunner, J.F.L.(Lancs., Leigh)Gill, A. H.Lamb, Ernest H. (Rochester)
Bryce, Rt. Hn. James (AberdeenGladstone, Rt. Hn. Herbert JohnLambert, George
Bryce, J.A. (Inverness Burghs)Glendinning, R. G.Lamont, Norman
Buchanan, Thomas RyburnGoddard, Daniel FordLea, Hugh Cecil (St. Pancras. E.)
Buckmaster, Stanley O.Gooch. George PeabodyLeese, Sir. J. F. (Accringrton
Burns. Rt. Hot. JohnGrant, CorrieLever, A. Levy (Essex, Harwich)
Burnyeat, J. D. W.Greenwood, G. (Peterborough)Level, W. H. (Cheshire, Wirral)
Burt, Rt. Hon. ThomasGreenwood, Hamar (York)Levy, Maurice
Buxton, Rt. Hn. Sydney CharlesGrey, Rt. Hon. Sir EdwardLewis, John Herbert
Byles, Willam PollardGriffith, Ellie J.Lloyd-George, Rt. Hon. David
Carr-Gomm, H. W.Grove, ArchibaldLough, Thomas
Causton, Rt. Hn. RichardKnightGulland, John W.Lupton. Arnold
Cheetham, John FrederickGurdon, Sir W. BramptonLuttrell, Hugh Fownes

stances they would lie and under what circumstances they would not. If the Committee passed this section they would be opening the door to further litigation.

Question put.

The Committee divided:—Ayes, 315; Noes, 148. (Division List No. 202.)

Macdonald, J. R. (Leicester)Priestley, Arthur (Granthnm)Summerbell, T.
Macdonald, J.M.(Falkirk B'ghsPriestley ,W. E. B. (Bradford, E.Taylor, Austin (East Toxteth)
Maekarness, Frederic C.Radford, G. H.Taylor, John W. (Durham)
Maclean, DonaldRainy, A. HollandTaylor, Theodore C.(Radcliffe)
Macnmara. Dr. Thomas J.Raphael, Herbert H.Tennant, SirEdward(Salisbury)
M'Arthur, WilliamRea, Russell (Gloucester)Tennant, H. J. (Berwickshire)
M'Callum, JohnM.Rea, WalterRussell(Scarboro')Thomas, Sir A. (Glamorgan, E.)
M'Crae, GeorgeRees, J. D.Thomasson, Franklin
M'Kenna, ReginaldRendall, AthelstanThompson, J.WH.(Somerset, E.
M'Laren, Sir C. K. (Leicester)Renton, Major LeslieTomlinson, James
M'Laren, H. D. (Stafford, W.)Richards, T. F.(Wolverh'mton)Torrance, A. M.
M'Micking. .Major G.Rickett, J. ComptonToulmin, George
Maddison, FrederickRoberts, Charles H. (Lincoln)Ure, Alexander
Mallet, Charles E.Roberts, G. H. (Norwich)Verney, F. W.
Manfield, Harry (Northants)Roberts, John H. (Danbighs)Vivian, Henry
Mansfield, H. Rendall (Lincoln)Robertson, SirG. Scott(Bradf'rd.Walker, H. lie R. (Leicester)
Marnham, F. J.Robertson, J. M. (Tyneside)Wallace, Robert
Massie, J.Robinson, S.Walsh, Stephen
Menzies, WalterRobson, Sir William SnowdonWalters, John Tudor
Micklem, NathanielRoe, Sir ThomasWalton, Sir John L. (Leeds, S.)
Molteno. Percy AlportRogers, F. E. NewmanWalton. Joseph (Barnsley)
Mond, A.Rowlands, J.Ward, John (Stoke-upon-Trent
Money, L. G. ChiozzaRunciman. WalterWardle, George J.
Montagu, E. S.Russell, T. W.Wason, Eugene ((Clackmannan)
Montgomery. H. G.Samuel, Herbert L. (Cleveland)Wason, John Cathcart(Orkney)
Morgan, G. Hay (Cornwall)Scarisbrick. T. T. L.Waterlow, D. S.
Morgan, J. Lloyd (CarmarthenSchwann, C. Duncvi (Hyde)Wedgwood, Josiah C.
Morley, Rt. Hon. JohnSchwann, Sir C. E.(Manchester)White, J. D. (Dumbartonshire
Morrell, PhilipScott, A.H. (Ashton-und.-LyneWhite, Luke (York, E. R.)
Morse, L. L.Sears, J.E.Whitehead, Rowland
Murray, JamesSeddon, J.Whitlev. J. H. (Halifax)
Myer, HoratioSeely, Major J. B.Whittaker, Sir Thomas Palmer
Napier, T. B.Shackleton, David JamesWiles, Thomas
Newnes, Sir George (Swansea)Shaw, Charles Edw (Stafford)Williams, J. (Glamorgan)
Nicholls, GeorgeShipman, Dr. John G.Williams, Llewolyn(Carm'rth'n
Nicholson, Chas. N. (DoncasterSilcock, Thomas BallWilliams, Osmond (Merioneth)
Norman, HenrySimon, John AllsebrookWills, Arthur Walters
Norton, Capt. Cecil WilliamSinclair, Rt. Hon. JohnWilson, John (Durham, Mid)
Nuttall, HarrySloan, Thomas HenryWilson, W. T. (Westhoughton)
Paul, HerbertS meat on, Donald MackenzieWinfrey, R.
Pearce, Robert (Staffs. Leek)Snowden, P.Wodehouse, Lord(Norfolk, Mid)
Pearce, William (Limehouse)Soares, Ernest J.Wood, T. M'Kinnon
Pearson.W. H.M. (SntTolk.Eye)Spicer, Sir AlbertWoodhouse, SirJT. (Huddersfi'd
Perks, Robert WilliamStanley, Hn. A. Lyulph (Chesh.)Yoxall, James Henry
Philipps, Col. Ivor(S'thampton)Stewart, Halley (Greenock)
Philipps, J. Wynford(PembrokeStewart-Smith', D. (Kendal)TELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Philipps, Owen C. (Pembroke)Strechev, Sir Edward
Pollard, Dr.Straus, B. S. (Mile End)
Price, C.E.(Edinburgh,Central)Strauss, E. A. (Abingdon)
Price, Robert John(Norfolk, E.)Stuart, James (Sunderland)

NOES.

Abraham, William, (Cork, N.E.Boyle, Sir EdwardCorbett, T. L. (Down, North)
Acland-Hood, Rt. HnSirAlexF.Bridgeman, W. CliveCourthope, G. Loyd
Ambrose, RobertBrotherton, Edward AllenCraig, Charles Curtis (Antrim, S.
Anson, Sir William ReynellBull, Sir William JamesCraig, Capt. James (Down, E.)
Anstruther-Gray, MajorBurdett-Coutts, W.Craik, Sir Henry
Arkwright, .John StanhopeBurke, E. Haviland-Crean, Eugene
Arnold-Korster, Rt. Hn. HugliO .Butcher. Samuel HenryCullinan, J.
Ashley, W. W.Carlile, E. HildredDelany, William
Aubrey-Fletcher, Rt. Hn. Sir H.Carson, Rt. H m. Sir Edw. H.Devlin, CharlesRamsay(Galway
Balcarres, LordCave, GeorgeDolan, Charles Joseph
Balfour, Rt. Hn. A.J.(City Lond.Cavendish, Rt. Hn. Victor C.W.Donelan, Captain A.
Banbury, Sir Frederick GeorgeCecil, Evelyn (Aston Manor)Douglas, Rt. Hon. A. Akers-
Banner, John S. Harmood-Cecil, Lord John P. Joicey-Du Cross, Harvey
Baring, Hon. Guy (Winchester)Clancy, John JosephDuffy, William J.
Barrie, H. T.(Londonderry. N.)Coates, E.Feetliani(LewishamDuncan, Robert(Lanark, Govan)
Beach, Hn. Michael HughHicksCochrane, Hon. Thos. H. A. E.Fell, Arthur
Bignold. Sir ArthurCogan, Denis J.Field, William
Boland, JohnCondon, Thomas JosephFinch, Rt. Hon. George H.
Bowles, G. StewartCorbett, A. Cameron (Glasgow)Flavin, Michael Joseph

Fletcher, J. S.Lonsdale, John BrownleeRawlinson, JohnFrederickPeel
Flynn, James ChristopherLundon, W.Redmond, John E. (Waterford
Forster, Henry WilliamMacpherson, J. T.Redmond, William (Clare)
Gardner, Ernest (Berks, East)MacVeagh, Jeremiah (Down, S.Roberts, S.(Sheffield, Ecclesall
Gibbs, G. A. (Bristol, West)M'Iver, SirLewis(EdinburghWRoche, John ((Sahvay, East)
Ginnell, L.M'Kean, JohnRopner, Col. Sir Robert
Haddock. George R.M'Killop, W.Rutherford, John (Lancashire)
Halpin, J.Magnus, Sir PhilipScott, Sir S. (Marylebone, W.)
Hardy, Laurence(Kent, Ashford)Marks, H. H. (Kent)Smith, AbelH-(Hertford, East)
Harrison-Broadley, Col. H. B.Mason, James F. (Windsor)Smith, F.E.(Liverpool, Walton
Hay, Hon. Claude GeorgeMeagher, MichaelStarkey, John R.
Hayden, John PatrickMildmay, Francis BinghamSullivan, Donal
Hazleton, RichardMooney, J. J.Talbot, Rt. Hn. J. G. (Oxf'dUniv.
Heaton, John HennikerMurphy, JohnThomson, W. Mitchell-(Lanark)
Helmsley, ViscountNicholson, Wm. G. (PetersfieldThornton, Percy M.
Hervey, F.W.F.(Bury S. Edm'dsNield, HerbertTurnour, Viscount
Hill, Sir Clement(Shrewsbury)Nolan, JosephValentia, Viscount
Hogan, MichaelO'Brien, Kendal (TipperaryMidWaldron, Laurence Ambrose
Hornby, Sir William HenryO'Brien, Patrick (Kilkenny)Walrond. Hon. Lionel
Houston, Robert PatersonO'Connor, James (Wicklow, W.Warde, Col. C. E. (Kent, Mid.
Hunt, RowlandO'Connor, John (Kildare, N.)White, Patrick (Meath, North)
Kennedy, Vincent PaulO'Connor, T. P. (Liverpool)Williams, Col. R. (Dorset, W.
Kenyon-Slanoy, Rt. Hn. Col. W.O'Donnell, John (Mayo, S.)Willougliby de Eresby, Lord
Keswick, WilliamO'Hare, PatrickWolff, Gustav Wilhelm
Kilbride, DenisO'Kelly, Conor (Mayo, N.)Wortley, Rt. Hon. C. B. Stnart-
King,Sir HenrySeymour(Hull)O'Kelly, JameslRoseoinmonN.)Wyndham. Rt. Hon. George
Lane-Fox, G. R.O'Malley, WilliamYoung, Samuel
Law, Andrew Bonar(DulwiehO'Mara, JamesYounger, George
Law, Hugh A. (Donegal, W.)O'Shaughnessy, P.J.
Long, Col. Chas. W.(Evesham)O'Shee, James JohnTELLERS FOR THE NOES—Sir Robert Cecil.
Long, Rt. Hn.Walter (Dublin, S.Power, Patrick Joseph

And, it being after Eleven of the clock, the Chairman proceeded to interrupt the business.

Whereupon Mr. BIRRELL claimed, "That the Question, 'That the clause as

AYES.

Acland, Francis DykeBethell, J. H. (Essex, RomfordCherry. Rt. Hon. R. R.
Adkine, W. RylandBethell, T. R. (Essex, Maldon)Churchill, Winston Spencer
Agnew, George WilliamBillson, AlfredClarke, C. Goddard
Ainsworth, John StirlingBirrell, Rt. Hon. AugustineCleland, J. W.
Alden, PercyBlack, Alexander Wm. (Banff)Clough, W.
Allen, A. Acland (ChristchurchBlack, Arthur W.(BedfordshireCoats, Sir T. Glen (Renfrew, W.)
Armitage, R.Bolton, T. D.(Derbyshire, N.E.)Cobbold, Ft'lix Thonrley
Ashton, Thomas GairBoulton, A. C. F. (Ramsey)Collins, Stephen (Lambeth)
Asquith, Rt. Hn. Herbert HenryBrace, WilliamCollins, .Sir W. J. (S. Pancras, W
Astbury, John MeirBramsdon, T. ACooper, G. J.
Baker, Sir John (Portsmouth)Branch, JamesCorbett, CH.(Sussex, E.Grinst'd
Baker, Joseph A.(Finsbury, E.)Brigg, JohnCornwall, Sir Edwin A.
Balfour, Robert (Lanark)Bright, J. A.Cory, Clifford John
Baring, Godfrey (Isle of Wight)Brocklehurst, W.D.Cotton .Sir H. J. S.
Barker, JohnBrodie, H. C.Craig, Herbert J. (Tynemouth
Barlow, Percy (Bedford)Brooke, StopfordCremer, William Randal
Barnard, E. B.Brunner, J. F. L. (Lanes. LeighCrosfield, A. H.
Barran, Rowland HirstBryce, Rt. Hn. Jas. (Aberdeen)Crossley, William J.
Beale, W. P.Bryce, J.A (Inverness Burghs)Davies, David (MontgomeryCo.
Beauchamp, E.Buchanan, Thomas RyburnDavies, Ellis William (Eifion)
Beaumont, Hubert (Eastbo'rneBurns, Rt. Hon. JohnDovies, Timothy (Fulham)
Beaumont, W. C. B. (Hexham)Burnveat, J. D W.Davies W. Howell (Bristol, S.)
Beck, A. CecilBurt, Rt. Hon. ThomasDewar, John A. (Inverness-sh.)
Bellairs, CarlyonBuxton, Rt. Hn. Sydney Chas.Dickinson, W. H. (StPancrasN.
Benn, W.(T'w'rHamlets, S. Geo.Byles, William PollardDobson, Thomas W.
Bennett, E. N.Carr-Gomm, H. W.Duncan, C.(Barrow-in-Furness
Berridge, T. H. D.Causton, Rt. HnRichardKnightDuncan, J. H. (York, Otley)
Bertram, JuliusCheetham, John FrederickDunn, A. Edward (Camborne)

amended stand part of the Bill,' be now put."

The Committee divided:— Ayes, 311; Noes, 145. (Division List No. 203.)

Dunne, Major E. Marin(WalsallLamb, Edmund G. (LeominserRichards, T.F. (Wolverh mp 'n
Edwards, Clemen (Denbigh)Lamb, Ernest H. (Rocheser)Rickett, J. Compton
Edwards, Enoch (Hanley)Lamber, GeorgeRoberts, Charles H. (Lincoln)
Edwards, Frank (Radnor)Lea, Hugh Cecil(St. Pancras, E.Roberts, G. H. (Norwich)
Elibank, Maser ofLeese, Sir Joseph F.(AccringonRoberts, John H. (Denbighs)
Ellis, Rt. Hon. John EdwardLever, A. Levy (Essex, Harwich)Roberson, SirGScott (Bradf'r
Eve, Harry TrelawneyLever, W. H. (Cheshire, Wirral)Robertson, J. M. (Tyneside
Everett, R. LaceyLevy, MauriceRobinson, S.
Fenwick. CharlesLewis, John HerbertRobson, Sir William Snowdon
Ferens, T. R.Lloyd-George, Rt. Hon. DavidRoe, Sir Thomas
Ferguson, R. C. MunroLough, ThomasRogers F. E, Newman
Fiennes, Hon. EustaceLupton, ArnoldRowlands, J.
Fowler, Rt. Hon. Sir HenryLutrell, Hugh FownesRunciman, Walter
Fuller, John Michael F.Macdonald, J. R. (Leicester)Russell, T. W.
Fullerton, HughMaedonald, J.M. (Falkirk B'ghsSamuel, Herbert L. (Cleveland)
Gardner, Col. Alan (Hereford, SMackamess, Frederic C.Scarisbrick. T.T.L.
Gibb, James (Harrow)Maclean, DonaldSnhwaun, C. Duncan (Hyde)
Gill, A. H.Macnamara, Dr. Thomas J.Schwann, SirC. E(Manchester)
Gladstone, Rt. Hn. Herbert J.M'Callum, John M.Scott, A.H.(Ashton underLyne)
Glendinning, R. G.M'Crae, GeorgeSears, J. E.
Goddard, Daniel FordM'Kenna, ReginaldSeddon, J.
Gooch, George PeabodyM'Laren, Sir C. B. (LeicesterShackleton, David James
Grant, CorrieM'Laren, H. D. (Stafford, W.)Shaw, Charles Edw. (Stafford)
Greenwood, G. (Peterborough)M'Micking, Major G.Shipman, Dr. John G.
Greenwood, Hamar (York)Maddison, FrederickSilcook, Thomas Ball
Grey, Rt. Hon. Sir EdwardMallet, Charles E.Simon, John Allsebrook
Griffith, Ellis J.Manfield, Harry (Northans)Sinclair, Rt. Hon. John
Grove, ArchibaldMansfield, H. Rendall (Lincoln)Sloan, Thomas Henry
Gulland, John W.Marnham, F. J.Smeaton, Donald Mackenzie
Gnrdon, Sir W. BramptonMassie, J.Snowden, P.
Hall, FrederickMenzies, WalterSoares, Ernest J
Hardie, J. Keir(MerthyrTydvil)Micklem, NathanielSpicer, Albert
Hardy, George A. (Suffolk)Molteno, Percy AlportStanley, Hn. A.Lyulph(Chesh.)
Harmsworth, Cecil B. (Worc'r.Mond, A.Stewar, Halley (Greenock)
Harmsworth, R.L.(Caithn'ss-sh.Money, L. G. ChiozzaStewar-Smith, D. (Kendal,
Hart-Davies, T.Montagu, E. S.Strachey, Sir Edward
Harvey A. G. C. (Rochdale)Montgomery, H. H.Straus, B.S. (Mile End
Harwood, GeorgeMorgan, G. Hay (Cornwall)Strauss, E. A. (Abingdon)
Haslam, James (Derbyshire)Morgan, J. Lloyd (CarmarthenStuart, James (Sunderland)
Haslam, Lewis (Monmouth)Morley, Rt. Hon. JohnSummerbell, T.
Hazel, Dr. A. E.Morrell, PhilipTaylor, Austin (East Toxteth)
Hedges, A. PagetMorse, L. L.Taylor, John W. (Durham)
Henderson, Arthur (Durham)Murray, JamesTaylor, Theodore C. (Radcliffe)
Henderson, J.M (Aberdeen, W.Myer, HoratioTennant, Sir Edw. (Salisbury)
Henry, Charles S.Napier, T. B.Tennant, H J. (Berwickshire)
Herbert, Colonel Ivor (Mon., S.)Newnes, Sir George (Swansea)Thomas, Sir A. (Glamorgan, E.)
Herbert, T. Arnold (Wycombe)Nicholls, GeorgeThomasson, Franklin
Higham, John SharpNicholson, CharlesN. (Doncast'rThompson, J.W.H.(Somerset.E
Hobart. Sir RobertNorman, HenryTomkinson, James
Hodge, JohnNorton, Cap. Cecil WilliamTorrance, Sir A. M.
Holden, E. HopkinsonNutall, HarryTouhnin, George
Holland, Sir William HenryPaul, HerbertUre, Alexander
Hope, John Deans (Fife, West)Pearce, Robert (Staffs. Leek)Verney, F. W.
Hope, W.Bateman(Somerset, NPearce William (Limehouse)Vivian, Henry
Horniman, Emslie JohnPearson, W.H.M. (Suffolk, Eye)Walker, H. De R. (Leicester)
Howard, Hon. GeoffreyPerks, Robert WilliamWallace, Robert
Hyde, ClarendonPhilipps, Col. Ivor(S'thampton)Walsh, Stephen
Illingworth, Percy H.Philipps, J. Wynford (PembrokeWalters, John Tudor
Isaacs, Rutus DanielPhilipps, Owen C. (Pembroke)Walton, Sir John L. (Leeds, S.)
Jackson, R. S.Pollard, Dr.Ward, John (Stoke upon Trent)
Jardine, Sir J.Price, C.E.(Edinburgh, Central)Wardle, George J.
Jenkins, J.Price, Robert John (Norfork, E.Wason, Eugene (Clackmannan)
Johnson, John (Gateshead)Priestley, Arthur (Grantham)Wason, John Cathcart (Orkney
Johnson, W. (Nuneaton)Priestley, W. E. B.(Bradford, E.Waterlow, D. S.
Jones, Sir D. Brynmor(SwanseaRadford, G. H.Wedgwood, Josiah C.
Jones, Leif (Appleby)Rainy, A. HollandWhite, J. D. (Dumbartonshire)
Jowett, F. W.Raphael, Herbert H.White, Luke (York, E.R.)
Kearley, Hudson E.Rea, Russell (Gloucester)Whitehead, Rowland
Kekewich, Sir GeorgeRea, Walter Russell (Gl'cester)Whitley, J. H. (Halifax)
Kincaid- Smith, CaptainRees, J.D.Wiles, Thomas
King, Alfred John (Knutsford)Rendall, AthelstanWilliams, J. (Glamorgan)
Laidlaw, RobertRenton, Major LeslieWilliams, Llewelyn (Carm'thn

Williams, Osmond (Merioneth)Winfrey, R.TELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Wills, Arthur WaltersWodehouse, Lord (Norfolk, Mid
Wilson, Hn. C. H. W. (Hull, W.)Wood, T M'Kinnon
Wilson, John (Durham, Mid)Woodhouse, Sir J.T(Hudd'rsfi'd
Wilson, W. T. (WesthoughtonYoxall, Thomas Henry

NOES.

Abraham, William (Rhondda)Duffy, William J.Nield, Herbert
Ambrose, RobertDuncan, Robert(Lanark, GovanNolan, Joseph
Anson, Sir William ReynellFell, ArthurO'Brien, Kenilal(Tipperary, Mid
Anstruther-Gray, MajorField, WilliamO'Brien, Patrick (Kilkenny)
Arkwriglit, John StanhopeFinch, Rt. Hon. George H.O'Connor, James (Wicklow, W.
Amold-Forster, Rt. Hn. Hugh O.Flavin, Michael JosephO'Connor, John (Kiltlane, N)
Ashley, W. W.Fletcher, J. S.O'Connor, T. P. (Liverpool)
Aubrey-Fletcher, Rt. Hn. Sir H.Flynn, James ChristopherO'Donnell. John (Mayo, S.)
Balcarres, LordForstor, Henry WilliamO'Hare, Patrick
Balfour, Rt. Hn. A.J.(CityLond.Gardner, Ernest (Berks, East)O'Kelly, Conor (Mayo, N.)
Banbury, Sir Frederick GeorgeGibbs, G. A. (Bristol, West)0'Kelly,James(Roscommon, N.
Banner, John S. Harmood-Ginnell, L.O'Malley, William
Baring, Hon. Guy (Winchester)Haddock, George R.O'Mara James
Barrie, H. T. (Londonderry, N.)Halpin, J.O'Shaughnessy, P. J.
Beach, Hon. MichaelHugh HicksHardy, Laurence (Kent, AshfordO'Shee, James John
Bignold, Sir ArthurHarrison-Broadley, Col. H. B.Pease, Herbert Pike(Darlington
Boland, JohnHay, Hon. Claude GeorgePowell, Sir Francis Sharp
Bowles, G. StewartHayden, John PatrickPower, Patrick Joseph
Boyle, Sir EdwardHazleton, RichardRawlinson, Joim Frederick P.
Bridgeman, W. CliveHeaton, John HennikerRedmond, John E. (Waterford
Brotherton, Edward AllenHelmsley, ViscountRedmond, William (Clare)
Bull, Sir William JamesHervey, F.W.F.(Bury S. Edm'dsRoberts, S. (Sheffield, Ecclesall)
Burdett-Coutta, W.Hill, Sir Clement (Shrewsbury)Roche. John (Galway, East)
Burke, E. Haviland-Hogan, MichaelRopner, Colonel Sir Robert
Butcher, Samuel HenryHouston, Robert PatersonRutherford, John (Lancashire)
Carlile, E. HiklredHunt, RowlandScott, Sir S. (Marvlobone, W.)
Carson, Rt. Hon. Sir Edw. H.Kennedy, Vincent PaulSmith, Abel H. (Hertford, East
Cave, GeorgeKenyon-Slaney, Rt. Hn. Col. W.Smith, F.E. (Liverpool, Walton)
Cavendish, Rt. Hon. VictorC. W.Keswick, WilliamStarkey, John R.
Cecil, Evelyn (Aston Manor)Kilbride, Denis .Sullivan, Donal
Cecil, Lord John P. Joicey-King, Sir HenrySeymourf Hull)Talbot, Rt. Hn. J.G.(0x'fdUniv
Cecil.Lord R. (Marvlebone, E.)Line-Fox, G. R.Thomson, W.Mitchell-(Lanark)
Claney, John JosephLaw, Andrew 15onar (DulwichThornton, Percy 11.
Cochrane, Hon. Thrw. H. A. E.Law, Hugh A. (Donegal, W.)Tumour, Viscount
Cogan, Denis J.Long, Col. Chas. W. (Evesham)Waldron, Laurence Ambrose
Condon, Thomas JosephLong, Rt. Hn. Walter(Dublin, S.Walrond, Hon. Lionel
C rbett, A. Camton (Glasgow)Lonsdale, John BrownleeWarde, Col. C. E. (Kent, Mid.
Corbett, T. L. (Down, North)Lundon, W.White, Patrick (Meath, North)
Courthope, G. LoydLyttelton, Rt. Hon. AlfredWilliams, Col. R. (Dorset, W.)
Craig, Chas. Curtis (Antrim, S.)MaeVeagh, Jeremiah (Down, S.Willoughby de Eresby, Lord
Craig, Capt. James (Down, E.)M'lver, Sir Lewis (Edinburgh)Wolff, Gustav Wilhelm
Craik, Sir HenryM'Kean, JohnWortley, Rt. Hon. C. B. Stuart-
Croan, EugeneM'Killop, W.Wyndham, Ht. Hon. George
Cullinan, J.Magnus, Sir PhilipYoung, Samuel
Delany, WilliamMarks, H. H. (Kent)Younger, George
Devlin, Chas. Ramsay(Galway)Mason, James F. (Windsor)
Dolan, Charles JosephMeagher, MichaelTELLERS FOR THE NOES—Sir Alexander Acland-Hood and Viscount Valentia.
Donelan, Captain A.Mildmay, Francis Bingham
Douglas, Rt. Hon. A. Akers-Mooney, J. J.
Du Cros, HarveyMurphy, John

Question put accordingly, " That the clause, as amended, stand part of the Bill."

AYES.

Acland, Francis DykeArmitage, R.Balfour, Robert (Lanark)
Adkins, W. RylandAsrhton, Thomas GairBaring, Godfrey(Isle of Wight)
Agnew, George WilliamAsquith, Rt. Hon. Herbert H.Barker, John
Ainsworth, John StirlingAstbury, John MeirBarlow, Percy (Bedford)
Alden, PercyBaker, Sir John (Portsmouth)Barnard, E.B.
Allen, A. Acland (Christchurch)Baker, Joseph A. (Finsbury, E.)Barran, Rowland Hirst

The Committee divided:— Ayes, 311; Noes, 146. (Division List No. 204.)

Beale, W. P.Everett, R. LaceyLewis, John Herbert
Beauchamp. E.Fenwick, CharlesLloyd-George, Rt. Hon. David
Beaumont, Hubert(EastbourneFerens, T. R.Lough, Thomas
Beaumont, W. C. B. (Hexham)Ferguson, R. C. MunroLupton, Arnold
Beck, A. CecilFiennes, Hon. EustaceLuttrell, Hugh Fownes
Bellairs, CarlvonFowler, Rt. Hon. Sir HenryMacdonald, J. R. (Leicester)
Benn, W. (T'wr HamlotsS, Geo.Fuller, John Michael F.Macdonald, J.M.(FalkirkB'ghs)
Bennett, E. N.Fullerton, HughMackarness, Frederic C.
Berridge, T. H. D.Gardner, Col. Alan(Hereford, S.Maclean, Donald
Bertram, JuliusGibb, James (Harrow)Macnamara, Dr. Thomas J.
Bethell, J. H. (Essex, Romford)Gill, A. H.M'Cullum, John M.
Bethell, T. R. (Essex, Maldon)Gladstone, Rt. Hon. Herb, JohnM'Crae, George
Billson, AlfredGlendinning, R. G.M'Kenna, Reginald
Birrell, Rt. Hon. AugustineGoddard, Daniel FordM'Laren, SirC. B. (Leicester)
Black, Alexander Win.(Banff)Gooeh George PeabodyM'Laren, H. D. (Stafford, W.)
Black, Arthur W. (Bedfordshire)Grant, CorrieM'Micking, Major G.
Bolton, T. D.(Derbyshire, N.E.)Greenwood, G. (Peterborough)Maddison, Frederick
Boulton, A. C. F. (Ramsey)Grey, Rt. Hon. Sir EdwardMallet, Charles E.
Brace, WilliamGriffith, Ellis J.Manfield, Harry (Northants)
Bramsdon, T. A.Grove, ArchibaldMansfield, H. Rendall (Lincoln)
Branch, JamesGulland, John W.Marnhara, F. J.
Brigg, JohnGurdon, Sir W. BramptonMassie, J.
Bright, J. A.Hall. FrederickMenzies, Walter
Brocklehurst, W D.Hardie J. Keir(MerthyrTydvil)Micklem, Nathaniel
Brodie, H. C.Hardy, George A. (Suffolk)Molteno, Percy Alport
Brooke, StopfordHarmsworth, Cecil B. (Worc'r)Mond, A.
Brunner, J.F.L.(Lanes.,Leigh)Harmsworth, R.L.(Caith'ss-sh)Money, L. G. Chiozza
Bryee, Rt. Hn. Jas. (Aberdeen)Hart- Davies, T.Montagu, E. S.
Bryoe, J. A. (Inverness Burghs)Harvey, A. G. C. (Rochdale)Montgomery, H. G-
Buchanan, Thomas RyburnHarwood, GeorgeMorgan, G. Hay (Cornwall)
Burns, Rt. Hon. JohnHaslam, James (Derbyshire)Morgan, J. Lloyd (Carmarthen)
Burnyeat, J. D. W.Haslam, Lewis (Monmouth)Morley, Rt. Hon. John
Burt, Rt. Hon. ThomasHazel, Dr. A. E.Morrell, Philip
Buxton, Rt. Hn. Sydney Chas.Hedges, A. PagetMorse, L. L.
Bylea, William PollardHenderson, Arthur (Durham)Murray, James
Carr-Gomm, H. W.Henderson, J. M. (Aberdeen, W.Myer, Horatio
Causton, Rt. Hn. RiehardKnightHenry, Charles S.Napier, T. B.
Cheetham, John FrederickHerbert, Col. Ivor (Mon. S.)Newnes, Sir George (Swansea)
Cherry, Rt. Hon. R. R.Herbert, T. Arnold (Wycombe)Nicholls, George
Churchill, Winston SpencerHigham, John SharpNicholson, Chas. N.(Doncast'r)
Clarke. C. GoddardHobart, Sir RobertNorman, Henry
Cleland, J. W.Hodge, JohnNorton, Captain Cecil William
Clough, W.Holden, E. HopkinsonNuttall, Harry
Coats, Sir T. Glen(Renfrew, W.)Holland, Sir William HenryPaul, Herbert
Cobbold, Felix ThornleyHope, John Deans (Fife, West)Pearce, Robert (Staffs. Leek)
Collins, Stephen (Lambeth)Hope, W. Bateman(Somerset, N.Pearce, William (Limehouse)
Collins, Sir W.J.(S.Pancras, W.)Horninian, Emslie JohnPearson, W.H.M.(Suffolk, Eye)
Cooper, G. J.Howard, Hon. GeoffreyPerks, Robert William
Corbett, C.H.(Sussex, E Grinst'dHyde, ClarendonPhilipps, Col. Ivor (S'thampton)
Cornwall, Sir Edwin A.Illingworth, Percy H.Philipps, J. Wynford(Pembroke)
Cory, Clifford JohnIsaacs, Rufus DanielPhilipps, Owen C. (Pembroke)
Cotton, Sir H. J. S.Jackson, R. S.Pollard, Dr.
Craig, Herbert J. (Tynemouth)Jardine, Sir J.Price, C. E. (Edinb'gh, Central)
Cremer, William RandalJenkins, J.Price, Robert John (Norfolk, E.
Crosfield, A. H.Johnson, John (Gateshead)Priestley, Arthur (Grantham)
Crossley, William J.Johnson, W. (Nuneaton)Priestley, W.E.B.(Bradford, E.
Davies, D. (Montgomery Co.)Jones, Leif (Appleby)Radford, G. H.
Davies, Ellis William (Eifion)Jones, William (Carnarvonsh.)Rainy, A. Rolland
Davies, Timothy (Fulham)Jowett, F. W.Raphael, Herbert H.
Davies, W. Howell (Bristol, S.)Kearley, Hudson E.Rea, Russell (Gloucester)
Dewar, John A. (Inverness-sh.)Kekewich, Sir GeorgeRea, Walter Russell(Scarboro')
Diekinsou, W.H.(St. Pancras, N.Kincaid-Smith, CaptainRees, J. D.
Dobson, Thomas W.King, Alfred John (Knutsford)Kendall, Athelstan
Duncan, C.(Barrow-inFurness)Laidlaw, RobertRsnton, Major Leslie
Duncan, J. H. (York, Otley)Lamb, Edmund G. (LeominsterRichards, T. F. (Wolverh'mp'n)
Dunn, A. Edward (Camborne)Lamb, Ernest H. (Rochester)Rickett, J. Compton
Dunne, Maj. E. Martin(Walsall)Lambert, GeorgeRoberts, Charles H. (Lincoln)
Edwards, Clement (Denbigh)Lamont, NormanRoberts, G. H. (Norwich)
Edwards, Enoch (Hanley)Lea, Hugh Cecil (St. Pancras, E.Roberts, John H. (Denbighs.)
Edwards, Frank (Radnor)Leese, SirJoseph F.(Accrington)Robertson, SirG, Scott(Bradf'rd
Elihank, Master ofLever, A. Levy (Essex, Harwich)Robertson, J. M. (Tyneside)
Ellis, Rt. Hon. John EdwardLever, W. H.(Cheshire, Wirral)Robinson, S.
Eve, Harry TrelawneyLevy, MauriceRobson, Sir William Snowdon

Roe, Sir ThomasStrachey, Sir EdwardWason, Eugene(Claekmannan)
Rogers, F. E. NewmanStraus, B. S. (Mile End)Wason, John Cathcart (Orkney)
Rowlands, J.Strauss, E. A. (Abingdon)Waterlow. D. S.
Runciman, WalterStuart, James (Sunderland)Wedgwood. Josiah C.
Russell, T. W.Summerbell, T.White, J. D. (Dumbartonshire)
Samuel, Herbert L. (Cleveland)Taylor, Austin (East Toxteth)White, Luke (York, E.R.)
Scarisbrick, T. T. L.Taylor, John W. (Durham)Whitehead, Rowland
Schwann, C. Duncan (Hyde)Taylor. Theodore C. (RadcliffeWhitley, J.H. (Halifax)
Schwann, Sir C.E.(Manchester)Teimant, SirEdward(SalisburyWhittaker, Sir Thomas Palmer
Scott, A.H.(Ashton underLyne)Tennant, H. J. (Berwickshire)Wiles, Thomas
Sears, J. E.Thomas, Sir A.(Glamorgan, E.)Williams, J. (Glamorgan)
Seddon, J.Thomasson, FranklinWilliams, Llewelyn(Caimarthea
Shackleton, David JamesThompson, J.W.H.(Somerset,E.Williams, Osmond(Merioneth
Shaw, Chas. Edward (Stafford)Tomkinson, JamesWills. Arthur Walters
Shipman, Dr. John G.Torrance, Sir A. M.Wilson, Hon.(' H.W.(Hull, W.
Silcock, Thomas BallToulmin, GeorgeWilson, John (Durham, Mid)
Simon, John AllsebrookUre, AlexanderWilson, W.T. (Westhoughton)
Sinclair, Rt. Hon. JohnVerney, F. W.Winfrey, R.
Sloan, Thomas HenryVivian, HenryWodehouse, Lord(Norfolk, Mid
Smeaton, Donald MackenzieWalker, H. De R. (Leicester)Wood, T. M'Kinnon
Snowdon, P.Wallace, RobertWoodhouse, SirJT(Henrdersf'd
Soares, Ernest J.Walsh, StephenYoxall, James Henry
Spicer, Sir AlbertWalters, John Tudor
Stanley, Hn. A. Lyulph (Chesh.)Walton, Sir John L.(Leeds, S.)TELLERS FOR THE AYES—Mr. Whiteley and Mr. J. A. Pease.
Stewart, Halley (Greenock)Ward, John (Stoke upon Trent
Stewart-Smith, D.(Kendal)Wardle, George J.

NOES.

Abraham, William (Cork, N.E.)Cullinan, J.Lonsdale, John Brownlee
Ambrose, RobertDelany, WilliamLundoti, W.
Anson, Sir William ReynellDevlin, CharlesRamsay(GalwayLyttelton, Rt. Hon. Alfred
Anstruther-Gray, MajorDolan, Charles JosephMaopherson, .J. T.
Arkwright, John StanhopeDonelan, Captain A.MacVeagh, Jeremiah (Down, S.)
Arnold-Forster, RtHnHughO.Douglas, Rt. Hon. A. Akers-M'lver, Sir L. (Edinburgh, W.)
Ashley, W. W.Du Cros, HarvevM'Kean, John
Aubrey-Fletchor, Rt. Hn. Sir H.Duffy, William J.M'Killop, W.
Balcarres, LordDuncan, Robert(Lanark, GovanMagnus, Sir Philip
Balfour, Rt. Hn. A.J.(CityLond.Fell, ArthurMarks, H. H. (Kent)
Banbury, Sir Frederick GeorgeField, WilliamMason, James F. (Windsor)
Banner, John S. Harmood-Finch, Rt. Hon. George H.Meagher, Michael
Baring, Hon. Guy (Winchester)Flavin, Michael JosephMildmay. Francis Bingham
Barrie, H. T. (Londonderry, N.)Fletcher, J. S.Mooney, J. J.
Beach, Hn. Michael HughHicksFlynn, James ChristopherMurphy, John
Bignold, Sir ArthurForster, Henry WilliamNield, Herbert
Boland, JohnGardner, Ernest (Berks, East)Nolan, Joseph
Bowles, G. StewartGibbs, G. A. (Bristol, West)O'Brien, Kendal(TipperaryMid
Boyle, Sir EdwardGinnell, L.O'Brien, Patrick (Kilkenny)
Bridgeinan, W. CliveHaddock, George R.O'Connor, James(W7ieklow,W.)
Brotherton, Edward AllenHalpin, J.O'Connor, John (Kildare, N.)
Bull, Sir William JamesHardy, Laurenee(Kent, AshfordO'Connor, T. P. (Liverpool)
Burdett-Coutts, W.Harrison-Broadley, Col. H. B.O'Donnell, John (Mayo, S.)
Burke, E. Haviland-Hay, Hon. Claude GeorgeO'Hare, Patrick
Butcher, Samuel HenryHayden, John PatrickO'Kelly, Conor (Mayo, N.)
Curlile, E. HildredHazleton, RichardO'Kelly, James(Roscomnion, N-
Carson, Rt. Hon. Sir Edw. H.Heaton, John HennikerO'Malley, William
Cave, GeorgeHelmsley, ViscountO'Mara, James
Cavendish, Rt. Hn. Victor C.WT.Hervey, F.W.F.(BuryS, Edm'ds.O'Shaughnessy, P. J.
Cecil, Evelyn (Aston Manor)Hill, Sir Clement (Shrewsbury)O'Shee, James John
Cecil, Lord John P. Joicey-Hogan, MichaelPease, HerbertPike(Darlington)
Cecil, Lord R. (Marylebone, E.)Houston, RobertPatersonPowell, Sir Francis Sharp
Clancy, John JosephHunt, RowlandPower, Patrick Joseph
Cochrane, Hon. Thos. H.A.E.Kennedy, Vincent PaulRawlinson, John Frederick P.
Cogan, Denis J.Kenyon-Slaney, Rt. Hon. Col. W.Redmond, John E. (Waterford)
Condon, Thomas JosephKeswick, WilliamRedmond, William (Clare)
Corbett, A. Cameron (Glasgow)Kilbride, DenisRoberts, S. (Sheffield, Ecclesall}
Corbett, T. L. (Down, North)King, SirHenrySeymour(Hull)Roche, John (Galway, East)
Courthope, G. LoydLane-Fox, G. R.Ropner, Colonel Sir Robert
Craig, Charles Curtis(Antrim, S.Law, Andrew Bonar (Dulwich)Rutherford, John (Lancashire)
Craig, Capt. James (Down, E.)Law, Hugh A. (Donegal, W.)Scott, Sir S. (Marylebone, W.)
Craik, Sir HenryLong, Col. CharlesW.(Evesham)Smith, Abel H.(Hertford, East)
Crean, EugeneLong, Rt. Hn. Walter(Dublin, S.Smith, F.E.(Liverpool, Walton)

Starkey, John R.Walrond, Hon. LionelWyndham, Rt. Hon. George
Sullivan, DonalWarde, Col. C. E. (Kent, Mid.)Young, Samuel
Talbot, Rt. Hn. J.G.(OxfdUniv.White, Patrick (Mcath, North)Youngor, George
Thomson, W. Mitchell-(Lanark)Williams, Col. R. (Dorset, W.)
Thornton, Percy M.Willoughby de Eresby, LordTELLERS FOR THR NOES— Sir Alexander Acland-Hood and Viscount Valentin.
Turnour, ViscountWolff, Gustav Wilhulm
Waldron, Laurence AmbroseWortley, Rt. Hon. C. B. Stuart

Whereupon the Chairman left the Chair to make his Report to the House.

Committee report Progress; to sit again To-morrow.

Great Northern Railway (Ireland) Bill Lords (By Order)

Order for Second Reading read.

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

who had a Motion upon the Paper " That tile Bill be read a second time upon this day three months," said the House had recently adopted an Instruction to the Committee in connection with another Bill of this Company, and it was rumoured that the Company intended to flout the decision of the House. They were to hold a meeting to-morrow for the purpose of considering the matter. It was obvious that the House ought to know the decision of the Company before it proceeded with the consideration of this Bill, and accordingly he moved the adjournment of the debate. The Bill could be set down on Wednesday, and meantime it could be seen what arrangements were made.

Motion made, and Question proposed, " That the debate be now adjourned."— ( Mr. MacVeagh.)

said he only rose to reply to one observation made by the lion. Member to the effect that the Great Northern Railway Company of Ireland were threatening to flout the decision of this House. There was not the slightest foundation for the suggestion. When the Second Reading of the other Bill was carried an Instruction was moved throwing certain obligations upon the Company. The Company were quite within their rights to say whether they would accept those obligations or not, and, as he stated at the time, they would have to consider whether under the circumstances they would proceed with that Bill or not. Nobody had any right to say that they intended to flout the decision of the House, and indeed that was the last thing they intended to do.

appealed to the hon. Member who moved the adjournment not to persist in the Motion, on the ground that this was a very important Bill to the North of Ireland. The session was passing away rapidly and unless they got the Second Reading of the Bill to-day they might not be able to get the measure through. He submitted that there was no reason why the Second Reading should not be proceeded with at once. When the Instruction to the Committee which would have to consider the other Bill of this Company was brought forward, they very much objected to it, but the railway company were considering whether under the circumstances they would oppose it any further. The hon. Member had paid that this Bill could be set down for Wednesday and in the meantime arrangements could be made by the board of directors in Belfast to carry out the negotiations which were proceeding. But those who were accustomed to negotiations between a railway board and the opponents of a: Bill must know that they could not be carried out in one or two days. The directors would have to come over from Ireland and would have to consult their advisers, and considerable time would be lost by the negotiations. Under these circumstances he thought he was right in asking that the Motion for adjournment should be withdrawn, and the Bill read a second time.

wished to know whether the hon. Gentleman was prepared to accept the Instruction passed the other night on the previous Bill if this Bill were passed.

said it was still a matter of negotiation between the promoters and their opponents. He could not accept it at that moment.

said that was a conclusive reason for the adjournment of the debate. Since the House came to a decision the other night the railway company, through their agents, had threatened to drop the first Bill. If they dropped the first Bill, the Nationalist Members would object to their getting the second Bill. It therefore seemed a reasonable course! for them to adopt j to adjourn the debate in order that they might sec what the result of the negotiations was.

Question put, and agreed to.

Debate to be resumed upon Wednesday.

Labourers (Ireland) Advances

Order for the House to be put into Committee read.

and other hon. Members objected to its being taken.

said the Bill to which the Resolution referred had been agreed to by all Parties, and this was a formal stage of it. Under the circumstances, as all the Conservative Members from Ireland supported the Bill, he would appeal to hon. Members not to persist in their objection.

appealed to his hon. friend not to persist in his objection, as the Bill was unopposed.

declined to with-draw his objection, and the Committee stood over till Tuesday.

Musical Copyright Bill

Order for the House to be put into Committee read.

said he did not wish at that late hour to ask the House to go into Committee on this Bill, but he wished to make a personal statement with j regard to it. Certain Amendments which altered the phraseology of the Bill had been suggested, and it was also suggested that those words should be referred to the Law Officers of the Crown. In accordance with a promise given on a former occasion he had consulted the Law Officers, and they had helped him very much. Acting upon the suggestions which had been made, he was willing to omit certain words from the Bill and to replace them by words taken from the Food and Drugs Act. He would not mention those words now, but he hoped to be able to place them upon the Order Paper tomorrow.

appealed to the hon. Member to accept the Amendments which he and others had put down and thus facilitate the progress of the Bill.

said that as a personal appeal had been made to him he might be allowed to say that though he was willing to accept any reasonable Amendment, it would not be his fault and he would not be responsible if they were not discussed. Some of the Amendments which the hon. Member had put down had not to meet his (Mr. O'Connor's) opposition, but the very much more serious opposition of His Majesty's Government.

NEW WRIT.

New Writ for the county of Tyrone (East Tyrone). Order (6th July), for resuming, upon Thursday, the Adjourned Debate on the Motion relating to the New Writ for the county of Tyrone (East Tyrone), read, and discharged.— ( Colonel Saunderson.)

Motion withdrawn.

And, it being after half-past Eleven of the clock, Mr. Speaker adjourned the House without Question put, pursuant to Standing Order No. 1.

Adjourned at twelve minutes before Twelve o'clock.