House Of Commons
Thursday, 8th November,1906.
The House met at a quarter before Three of the Clock.
Private Bill Business
Blairgowrie, Rattray, and District Water Order Confirmation Bill, "to confirm a Provisional Order under The Private Legislation Procedure (Scotland) Act, 1899, relating to Blairgowrie, Rattray, and District Water," presented by Mr. Sinclair; read the first time; and ordered (under Section 9 of the Act) to be read a second time upon Friday, 16th November, and to be printed. [Bill 351.]
Dover Harbour (Works, etc.) Bill [Lords]. Reported, with Amendments; Report to lie upon the Table, and to be printed.
Petitions
Betting And Gambling
Petition from Hull, for legislation; to lie upon the Table.
Railways (Contracts) Bill
Petition from Walsall, in favour; to lie upon the Table.
Trade Unions And Trade Disputes Bill
Petition from Aberdeen, against; to lie upon the Table.
Returns, Reports, Etc
Poplar Union
Copy presented, of Report on the Poplar Union by J. S. Davy, esquire, C.B. [by Command]: to lie upon the Table.
Universal Postal Union
Copy ordered, "of Report of the British Delegates at the Sixth Congress of the Universal Postal Union, held at Rome in 1906, with the Postmaster-General's Letter forwarding the Report to the Treasury."—( Mr. Sydney Buxton.)
Women's Suffrage
Return ordered, "showing (1) the number of Petitions to the House of Commons in favour of Women's Suffrage for each Session from 1890 to 1906, inclusive; (2) the number of names attached to such Petitions." —( Mr. Alfred King.)
Questions And Answers Circulated With The Votes
Exhibition Of Names Of Country Post Offices
To ask the Postmaster-General if he will order the issue of a circular to country post offices authorising and suggesting the convenience of their placing the name of the place over the words "post office." (Answered by Mr. Sydney Buxton.) It is already the rule that the name of the place followed by the words "post office" should appear in a conspicuous position outside every village post office. If the hon. Member is aware of any case in which the rule is neglected either in spirit or letter, I will have inquiry made if he will furnish me with the name of the office.
Australian Trade Marking Laws
To ask the Under-Secretary of State for the Colonies whether his attention has been called to The Commerce (Trade Descriptions) Act, 1905, of the Commonwealth of Australia; is he aware that the Act contains provisions for the marking and description of British goods which will hamper British export trade to Australia, and which are in all cases onerous and in some quite impossible of accomplishment; and will he make representations to the Commonwealth Government on the subject. (Answered by Mr. Churchill.) The Secretary of State has received representations from the London Chamber of Commerce to the effect that the regulations under the Act referred to will hamper British trade to Australia, and he will communicate with the Common-wealth Government on the subject. In the meantime I understand that the Minister for Trade and Customs of the Commonwealth has given instructions that, in the administration of the regulations, every consideration will be given to those merchants or traders who may inadvertently not strictly comply with the regulations in the first instance through mere want of knowledge, or the difficulty attendant upon the first working of the regulations.
Ships In The Navy List
To ask the Secretary to the Admiralty the reason for the insertion of the cruisers "Appollo," "Intrepid,'" "Spartan," "Retribution," "Rainbow," "Tribune," "Naiad," "Melampus," "Andromache," "Pique," "Pomone," "Pactolus," "Philomel," "Medea," and "Medusa" in the only Return issued to Parliament, entitled Fleets, Great Britain and Foreign Countries, 24th April, 1906, when the Navy List, corrected up to 20th April, 1906, and all subsequent Navy Lists, omit these fifteen cruisers. (Answered by Mr. Edmund Robertson.) The names of these vessels have not been omitted from the Navy List.
Application For School At Woldingham, Surrey
To ask the President of the Board of Education whether he has received any application from the education committee of the Surrey County Council for power to acquire land for the purpose of building an elementary school for the parish of Woldingham in Surrey; and, if so, whether, in view of the fact that the children of Woldingham and their parents are inconvenienced by the present lack of school accommodation nearer than Caterham, he can see his way to give such application immediate attention. (Answered by Mr. Birrell.) I understand from the Surrey County Council that land at Woldingham can only be obtained by the exercise of compulsory powers of acquisition, and that they are taking the requisite steps preliminary to making formal application to the Board of Education for the exorcise of such powers. Meanwhile they report that they have leased a site at Woldingham for two years, and plans for providing temporary accommodation are now under the consideration of the Board, and are being put forward with all possible despatch.
Irish School Teachers Registration Fees
To ask the President of the Board of Education to what fund the fees for registration paid by teachers under Section 4 (a) of the Board of Education Act, 1899, are placed; whether those fees will be refunded should Clause 25 of the Education Bill become law; and whether the Board have registered teachers under the above section since the introduction of the Bill. (Answered by Mr. Birrell.) (1) Under the Order in Council the registration foes paid by teachers whose names are entered on the register are placed to the credit of the Teachers Registration Fund from which the expenses of the Teachers Registration Council are met. (2) The passing of Section 25 of the Education Bill would not in itself bring about the abolition of the existing register. It merely removes the obligation at present existing for the establishment and maintenance of a register of teachers. Should the existing register eventually be abolished, the registration fees paid by persons whose names are on it would be refunded to any such persons who applied for it, as I have already stated in Parliament in reply to similar Questions in April, in May, and again in July last. (3) It is not the duty of the Board of Education, but of the Teachers Registration Council, to register teachers. Since 9th April last 915 names have been entered on the register. I understand that ever since the introduction of the Bill the attention of applicants for registration has been drawn by the Teachers Registration Council to the clause in the Education Bill which would remove the obligation to maintain a register of teachers.
Committal Of Young Persons To Prison
To ask the Secretary of State for the Home Department if he will say for what offences the 437 persons under sixteen years of age were committed to prison in default of paying fines of 10s. or less in England and Wales during the: twelve months ended 31st March, 1906; and how many such persons were committed in respect of each offence. (Answered by Mr. Secretary Gladstone). I regret that I have not got this information. To obtain it I should again have to ask for Returns from every prison in England and Wales, and I am very unwilling, considering the great trouble taken by prison officials to collect materials for answering my hon. friend's Question of the 31st October,† to ask them to ex- amine the cases a second time to supply this further information. My hon. friend will find in tables VIII. and XIII. of the Judicial Statistics a great deal of information as to the offences of which persons under sixteen were convicted.
Local Examinations For Indian Civil Service Candidates
To ask the Secretary of State for India if he can see his way to make arrangements by which Indian candidates for the Indian Civil Service can be examined by the local universities or otherwise in India, so that they may not be put to expense and involved in caste disabilities by coming to England for the purpose of examination. (Answered by Mr. Secretary Morley.) This question formed the subject of an exhaustive inquiry by the Government of India and the Secretary of State in 1893 and 1894, and the correspondence was presented to Parliament in Cd. Paper,
No. 7378 of 1894. I am not aware of any new circumstances that would justify a departure from the decision then arrived at.† See (4) Debates, elxiii., 1092.
Mr Addison's Appointment As Secretary Of The Delhi Municipality
To ask the Secretary of State for India if he will state under what circumstances Mr. Addison, a junior member of the Civil Service of India of three years standing, has recently been appointed to the office of Secretary of the Delhi Municipality; and, seeing that the appointment will result in Mr. Addison having to try cases as a magistrate which it will be his duty as Municipal Secretary to institute, will the expediency of rescinding the appointment be considered. (Answered by Mr. Secretary Morley.) I have no information as to the circumstances of Mr. Addison's appointment, but I will inquire.
Action Of Mr Jack In Arresting Ryots At Alipura
To ask the Secretary of State for India if he will ascertain under what circumstances Mr. Jack, a settlement officer in the Patuakhali District of India, was recently engaged in assisting Mr. Kemp, a police superintendent, in searching for lathials, and, seeing that they wrongly arrested as lathials newly settled ryots in the village of Alipura, will he state what action it is proposed to take in the matter. (Answered by Mr. Secretary Morley.) I understand that the proceedings of Mr. Jack have recently been under investigation in a court of law; until the cases connected with them have been decided I see no reason to take any action in the matter.
Reduction Of The 40Th Brigade Royal Field Artillery
To ask the Secretary of State for War whether it is proposed to reduce the batteries of the 40th Brigade, Royal Field Artillery, to two-gun batteries; if so, whether the change would involve the abolition of a colonel's command and of captains' commands; and if he can state where the 40th Brigade, Royal Field Artillery, will be quartered on its arrival in England. (Answered by Mr. Secretary Haldane.) It is not intended, at present, to reduce this brigade to a two-gun establishment; there will therefore be no immediate reduction in officers. Eventually this brigade will become a training brigade, and it will then have a colonel but no captains. Its station on its arrival from India is not yet finally decided on.
Church Parades And Sunday Sports
To ask the Secretary of State for War whether he is aware that on Sunday, 2nd August last, the 16th Brigade of the 8th Division, who were on manœuvres, were compelled to march seven miles to Fermoy to attend Divine service without any rest whatever; if he can state why the 15th Brigade of Infantry and the Artillery, with guns and horses, had to march three miles to Moor Park to attend Divine service, although these are all stationed at Fermoy; and by whose authority on the afternoon of the same date military sports were held. (Answered by Mr. Secretary Haldane.) The General Officer Commanding 8th Division, Cork, reports as follows:—The 16th Brigade marched on Sunday, 2nd September (not August) from Skeheen Mountain camp to Moor Park (not Fermoy), distance seven miles; and two batteries, 31st Brigade, with two battalions, 15th Infantry Brigade, marched from Fermoy to Moor Park, distance three miles, where the remainder of the 31st Artillery and 15th Infantry Brigades were encamped, and where Divine service was held. Major-General Sir William Knox selected this day as the only one on which he could concentrate the whole division to address them before handing over command. The sports held the same afternoon in Moor Park were organised by Sir William, on his own authority, for the amusement of the troops.
Chinese Labour On The Rand
To ask the Prime Minister whether the Government will reconsider the suggestion made last session of buying out any vested interests in the Chinese labour traffic and bringing it to an end at once in the interests of public policy and of public morality. (Answered by Sir II. Campbell-Banner- man.) I regret that I am not able to adopt the suggestion of the hon. Member, which would not be in accordance with the policy of His Majesty's Government, as frequently explained to the House.
Questions In The House
Admiralty Memorandum — Unarmoured Cruisers
I beg to ask the Secretary to the Admiralty whether he is aware that the Memorandum on Admiralty policy, issued last November on the advice of the present Sea Lords of the Admiralty, stated that the best of the unarmoured cruisers have been retained for the present, but that it is recognised that they must be allowed to die out within a few years; and whether the three "Invincibles" of the 1905–6 programme are the only armoured cruisers to be laid down under the programmes of 1905–6, 1906–7, and 1907–8 to replace the large number of cruisers numbering over eighty which, in the opinion of the Admiralty, must die out within a few years.
The reply to the first part of the Question is in the affirmative, but the inference in the second part of the Question is incorrect.
First Class Battleships
I beg to ask the Secretary to the Admiralty whether he is aware that thirty-four British first-class battleships have their waterlines at both ends unarmoured, thirteen have unarmoured sterns, and only the most modern thirteen have complete belts; whether all the French and German battleships have complete belts at the waterline; whether his attention has been called to the published opinion expressed last November by the present Sea Lords of the Admiralty concerning certain first-class battleships that their unarmoured ends make them vulnerable to a second-class cruiser, and, if so, will he say what action he proposes to take in the matter.
The Board of Admiralty are familiar with the constructive details of the ships mentioned in the hon. Member's Question, and no action is considered necessary.
Is the right hon. Gentleman aware that in the Russo-Japanese War the unarmoured parts of ships had holes torn in them by shell over an extent of ten feet by eight feet?
Order, order. The hon. Member ought to give notice of that Question.
The "Xema" Expedition
I beg to ask the Secretary to the Admiralty whether he is aware that the s.s. "Xema," bound for the Guano Islands on a mineral expedition under the British flag, flying the blue ensign, was stopped by one of His Majesty's cruisers; whether he is aware that His Majesty's cruisers "Crescent," "Terpsichore," and "Pelorus," were in that neighbourhood at the time; whether they were sent to that neighbourhood for the purpose of intercepting the s.s. "Xema"; if so, by whose order the ships were despatched on this mission: and whether the costs of despatching the above cruisers are to be paid by the Government of this country or by the Government of Cape Colony?
The answer to the first part of the hon. Member's Question is in the negative. His Majesty's ships "Terpsichore," and "Pelorus" were in the neighbourhood of the Guano Islands at the same time as the "Xema," but not His Majesty's ship "Crescent," which was at Simon's Bay. The two vessels first named proceeded to Walfisch Bay to carry out battle practice in accordance with arrangements made by the Commander-in-Chief so far back as June last. On the representation of the Cape Colony Government the Commander-in-Chief directed them to call at the Guano Islands en route. The "Terpsichore" found the "Xema" there, but took no action beyond warning her master of the Cape Government's proclamation against landing, and immediately left for Walfisch Bay. The "Pelorus" passed the islands without sighting the ''Xema." The point raised in the last art of the Question does not arise.
The Disturbances At Portsmouth Naval Barracks
I beg to ask the Secretary to the Admiralty whether he can give the House any information as to the cause of the recent insubordinate conduct amongst the naval stokers at the Naval Barracks, Portsmouth.
A court of inquiry has been constituted to inquire into the whole Question. Their report is not expected until next Monday, and in the meantime it will not be possible for me to make any statement.
Can the right hon. Gentleman say whether he has any information to justify the belief that an order was given with the intention of punishing and humiliating the men? Will the men have full opportunity of stating their case before the inquiry?
There is no doubt.
Can the right hon. Gentleman favour the House with the terms of reference?
said the terms of reference would include inquiry into the general circumstances of the disturbance.
Will it include inquiry into the character of the officer and the allegations made against him?
I cannot say anything further on the subject.
Is it the present intention of the Admiralty to lay the report before the House?
The practice has not been to make public important documents of that kind. They are intended for the opinion of the Admiralty: but the action of the Admiralty will be made public.
Will the men be represented on the Court?
The court will consist of a rear-admiral and a commodore.
The Home Fleet
I beg to ask the Secretary to the Admiralty, with reference to Clause 3 of the Admiralty Memorandum of the 24th October, how many ships will be withdrawn from the Channel, Mediterranean, and Atlantic Fleets in the process of organising the new Home Fleet; how is the statement in Clauses 1 and 3, that a distinct Fleet will be constituted from the ships in commission in reserve, reconciled with the further statement in Clause 3, that the existing sea - going Fleets are to be reduced for the purpose; with reference to the statement in Clause 2 that the vessels first required in war will have the largest complements what proportion will such complements bear to full complements; what is considered an adequate complement of officers and men for ships in special reserve (Clause 2): and what will be done with the ships in special reserve which are replaced by other ships (Clause 2).
The hon. and learned Member invites me to make a series of statements respecting the details of the scheme for the redistribution of the Fleet. As that scheme is still in course of development, and will not assume a complete shape for some months, it is not possible to give any definite information at present as to points of detail; nor, if possible, would it—in the opinion of the Admiralty—be in the interests of the public service to do so. I hope the hon. and learned Member will, in the meantime, be content with the assurance given by the Prime Minister to the hon. Member for Gravesend, that the Admiralty consider that the redistribution of ships about to be made adds to the fighting efficiency of the Fleet.
Can the right hon. Gentleman give the House an assurance that no man shall be kept in barracks who is available for drafting to one of the ships of the newly-constituted Home Fleet?
I will submit the suggestion to my colleagues at the Admiralty, but there is no intention to increase the number of men in barracks.
Is there any intention to decrease the number of men in barracks?
We believe that the net result of the scheme, which is still incomplete, will be an increase and not a diminution of the sea-service officers and men, taken as a whole.
Obsolete Battleships
I beg to ask the Secretary to the Admiralty, whether in view of the fact that the Admiralty have placed the six so-called first-class battleships, "Sanspareil," "Anson," "Camperdown." "Benbow," "Howe," and "Rodney," in the class of obsolete warships on which no money is spent for maintenance, their names will be removed from the next annual Return of Fleets (Great Britain and Foreign Countries) when at present they appear in the list as first-class battleships; and whether he can explain why these ships appear in the Navy List, while a number of cruisers in the same class of the reserve have had their names removed from the Navy List.
The question of removing the six battleships named from the next annual Return of Fleets will certainly be considered. The hon. and learned Member does not mention the names of the cruisers to which he refers, but I am informed that there are no cruisers in the same class of reserve as that to which the ships mentioned by the hon. and learned Member belong.
Will the right hon. Gentleman undertake that the annual Return of the ships presented to this House shall include only those ships which are considered by the Admiralty as efficient for taking their place in the line of battle?
The Return is made in obedience to the order of this House, and perhaps that order will have to be amended.
Will the right hon. Gentleman see that the order of the House is amended?
I am desirous that the Return should give an accurate, complete and faithful picture of the strength of the Navy.
Have the Admiralty received any protest from the mover of the Return against the form in which it is given?
I never made a protest because the Return must be made in the form which the Admiralty think most convenient.
Army Service Corps
I beg to ask the Secretary of State for War what steps he proposes to take to attract the best officers of the Army to the Army Service Corps, and so re-establish it in the high position it should fill in public estimation, having regard to the importance of its duties to every soldier in peace or war.
There is no lack of suitable candidates for the Army Service Corps. Measures are under consideration to ensure that selected officers of this corps shall undergo technical training in the higher duties of military administration.
St Helena
I beg to ask the Secretary of State for War what was the cost of maintaining the garrison at St. Helena during the last financial year; and what economy it is anticipated will be realised by the removal of the troops to other quarters.
The cost of the garrison of St. Helena in 1905–6 was approximately £35,000. Practically the whole sum will be saved by the removal of the garrison, as the troops withdrawn are not required for service elsewhere.
Employment For Discharged Soldiers
I beg to ask the Secretary of State for War whether he can state how many soldiers who served in the South African War and have since been either passed to the Reserve or discharged have been given employment in Government Departments.
No, Sir, the information required is not in the possession of my Department.
Will the right hon. Gentleman, as the Minister responsible for the Army, take steps to ascertain from other Departments how many soldiers have been given employment?
I do not know if there is material from which to gain the information.
If a Return is moved for will the right hon. Gentleman agree to it?
I do not know if I am in a position to do that.
War Office Allotments At Fittleton
I beg to ask the Secretary of State for War whether he is aware that the allotment holders on War Office property in the parish of Fittleton, Wilts, were informed, when they went to pay their rents for the past year, on the 17th October, that the rents had been increased by ¼. a pole, without due notice having been given to the tenants of such increase; and that the alleged reason is to make the tenants pay the cost of rates on the land; and whether, in view of the fact that the rents are already fully commensurate with the value and situation of the land, and have been hitherto, as in the case of neighbouring allotments on War Office property, taken to include payment of rates, he will inquire what justification exists for disturbing the existing terms on which these allotments are held.
The rents were raised as stated. It appears from the inquiry that has been made that the rents can be raised only by determining the agreement except with the tenants' consent, and that the agreement can only be determined by three months' notice expiring at Michaelmas being given. As this notice was not given this year, instructions have been issued to refund to the allotment holders the amounts of rates levied in the shape of increased rents. I may add that the sum in question is £1 11s 3d. per annum only, which is spread over some twenty-five allotments.
Do not the rents represent the full value of the land?
I will inquire.
Private Contractors And Government Contracts
I beg to ask the Secretary of State for War if there is any agreement between the Government and private contractors as to the allocation of contracts for war materials and stores; and, if so, will he inform the House as to its terms.
As regards allocation of orders between the Ordnance
| Period. | Number of Discharges. | |||
| Workmen Producers. | Officials. | |||
| Reduction. | Other Causes. | Reduction. | Other Causes. | |
| From week ending 6th January, 1906. | 1,128 | 458 | 21 | 46 |
| To week ending 27th October, 1906. | ||||
| Workmen producers. | Officials. | |||
| Strength on 27th October, 1906. | 12,291 | 1,490 | ||
Cost Of Production At Woolwich Arsenal
I beg to ask the Secretary of State for War, if he can supply the House with particulars as to the cost of war materials and stores produced at the Woolwich Arsenal, and the cost of similar materials and stores purchased from private contractors.
The cost of stores produced at Woolwich Arsenal is given
Factories and the trade, there is no agreement with private contractors, nor are there any fixed proportions governing the allocation of various stores, but for guns there is a general understanding with the trade that as a rule the proportion shall be one-third for the Ordnance Factories and two-thirds for the trade. Also that the rough forgings for the largo guns allotted to Woolwich shall be ordered from the steel trade. The allocation of orders is dealt with each year on the amount of the orders required for the year.
Discharges From Woolwich Arsenal
I beg to ask the Secretary of State for War what is the number of workmen (producers) discharged during the year from the Woolwich Arsenal, and also the number of officials; also the number of workmen (producers) retained, and the number of officials.
The figures asked for are as follows:—
in the annual accounts of the Ordnance Factories. It is not the practice to divulge the prices paid for similar stores to private contractors.
I beg to ask the Secretary of State for War if he is aware that, while discharges of workmen have been carried out at Woolwich Arsenal and expensive plant of the nation made non-productive, the private contractors engaged in the manufacture of war material and stores have been well employed.
No, Sir, the information at my disposal does not bear out the hon. Member's statement as regards those firms having been well employed on the orders of this Department. As I stated on the 31st ultimo, in reply to a Question of my hon. friend the Member for North Paddington, † I am satisfied that the Government factories have received the fullest possible proportion of the Government orders for war material.
said his Question was as to the allocation of the work having regard to the fact that the other places were busy. He wanted to know what the other works were doing.
said he was only dealing with Government work. There was a certain amount of material which the Department must order in part, at any rate, from contractors. They could not break the practice, because it was necessary to encourage other establishments in case of an outbreak of war. Their first care, however, was for their own factories.
inquired whether it was not the fact, while orders were given to certain private firms in order to ensure a reserve of machinery, that when it came to a time of war there was no reserve of machinery, and that every machine which was capable of turning out Government work was employed.
I cannot say whether that is so.
asked what proportion of Government orders was given to private factories?
asked whether the workmen employed by private factories were not as deserving as those employed by the Government.
† See (4)Debates, elxiii., 1089.
asked whether, when an undertaking was given to supply certain factories with work for a certain number of years, the possibility of discharges from the Arsenal was taken into account.
Yes, that is considered.
asked whether contractors who were now taking particulars of work at the Arsenal paid a bonus for the information which was being supplied from the Arsenal, and whether he was aware that the contractors were in the Arsenal getting the information day after day. If they were foreigners they would be locked up.
said that if such a thing were brought to his notice he would deal with it very sharply.
They are there. Two were there on the 6th inst.
Crimean And Indian Mutiny Veterans
I beg to ask the Secretary of State for War how many Crimean War and Indian Mutiny veterans are inmates of workhouses, and how many are in receipt of out-door relief; what are the maximum and minimum pensions given to such pensioners; and whether he will consider the advisability of arranging that old soldiers who have merited a pension and whose infirmities or age prevents them following any occupation should be awarded such an allowance as will prevent them applying for poor law relief, or being wholly or in part dependent upon charity.
With regard to the first clause of the Question, the information asked for is not in my possession; as regards the second clause, the minimum pension to those in necessitous circumstances is 9d. a day, which is increased to 1s. a day when the veteran reaches the age of seventy. Moreover, when the veterans have been wounded or discharged for disability or are suffering from a disability due to military service, these pensions are raised to 1s. 6d. a day for a private, 2s. for a corporal, and 2s. 6d. for a sergeant. The provision made for these old soldiers appears to me to meet the necessities of the case.
Discharges From Netley Hospital
I beg to ask the Secretary of State for War whether he will postpone the discharge of invalids unfit for work from Netley Hospital until the House of Commons has had an opportunity of considering what provision can he made for them.
I am afraid that, as I intimated in answer to a supplementary Question on the 5th instant, † until Parliament places the necessary money in Army Estimates, I cannot undertake to depart from the course being followed. The Question does not refer to people suffering from wounds, but to people suffering from ordinary illness contracted a long time ago. It is absolutely necessary, in the interests of mercy, that they should give place to more urgent cases. The number of beds is strictly limited, and if they were occupied by people who were merely bedridden they would be depriving others, for whom the accommodation is absolutely essential, of the opportunity of treatment. The course which is being taken is that which is taken in the other great hospitals in the country.
asked whether the right hon. Gentleman would not, in the circumstances, postpone the discharge of these invalids till the House had had an opportunity of giving him the provision which he had no doubt it would give.
asked whether the right hon. Gentleman would make inquiries into the facts of the case. Were there not many hundreds of beds unoccupied? If that was the case, if he had been misinformed, would he consider the advisability of giving these unfortunate men a certain amount of respite?
If there are unoccupied beds, that would be a reason for not being in a hurry. I will undertake to inquire, and if that is so, to take more time in the matter. It is obvious, how-
ever, that these invalids are proper people for a home.† See Col. 109.
pressed the right hon. Gentleman to give a pledge that those invalids who were unfit for work would not be turned out of the hospital until the House had had an opportunity of considering their case. If the right hon. Gentleman refused to give such a pledge, he intended to ask leave to move the adjournment of the House.
hoped the right hon. Gentleman would consider whether he might not make an exception at least in those eases where the illness was contracted while the men were on foreign service.
Where the illness has arisen in the service of the nation or is due to some accident in the public service there would be a strong case for consideration. I will consider that case.
said he had a case in mind.
I will consider that case and what my hon. and gallant friend has put to me, but I can give no further pledge.
Newfoundland Modus Vivendi
I beg to ask the Under-Secretary of State for the Colonies whether he is aware that in the case of the modus vivendi of 1890, on which it was stated by His Majesty's Government that the Government of Newfoundland were consulted, it being modified to meet their views, though not assented to by the Colony, Sir Baldwin Walker was successfully sued for damages which were afterwards paid by the British taxpayer: and whether, having regard to the two judgments in the Baird case, the provisions of a Newfoundland Act can be overridden by Imperial administrative arrangements not based on statute.
I am aware of the legal proceedings against the late Sir Baldwin Walker to which the right hon. Member refers and of their result; but I am unable, in answer to a Question, to discuss their bearing upon the present situation.
Labour In Johannesburg Mines
I beg to ask the Under-Secretary of State for the Colonies whether his attention has been called to the annual report of the Simmer and Jack Proprietary Mines of Johannesburg, wherein it is stated that in 1899, when Kaffirs were employed, for every 1,000 Kaffirs there were employed 130 white men, whilst in 1906, when Chinese and Kaffirs were employed, there were 156 white men employed for every 1,000 Chinese and Kaffirs, showing that with Chinese this great mine employs 19 per cent, more white labour than with Kaffirs before the war; and whether he will cause inquiry to be made whether the proportion of white men working at the producing mines has increased or diminished since the introduction of the Chinese.
I have seen an account of the general meeting of the mine referred to in which the statement occurs that "through the general efficiency of the Chinese nearly 20 per cent, more white labour is now being employed than was the case with the Kaffirs before the war." The official figures for May, 1904, and August, 1906, show that in the former month the proportion of white men working on the producing mines on the Rand was 177 per thousand and in the latter month 118 per thousand, or a diminution of 33 per cent.
Chief Tilonko's Appeal
I beg to ask the First Lord of the Treasury if he is aware that the native chief Tilonko made application to the Judicial Committee of the Privy Council on Friday last for special leave to appeal to His Majesty in Council against the decision of a court-martial in Natal which had sentenced him to ten years penal servitude and a fine of 500 head of cattle; that the application was dismissed with the costs on the ground that there was no right of appeal; that Tilonko's objection to the jurisdiction of the court-martial was on the grounds that he was not a military man, that he had not been taken in the field, that he had never taken up arms against the Government, and that the civil Courts were sitting at the time of his trial; and whether any power resides in the Imperial Government to abate the heavy sentence awarded by court-martial on this distinguished subject of His Majesty.
I have seen the account of the proceedings before the Judicial Committee of the Privy Council in The Times of the 3rd instant, when their Lordships decided that they could not entertain an appeal. His Majesty's Government are not in a position to interfere in the matter.
Egyptian Irrigation
I beg to ask the Secretary for Foreign Affairs whether having regard to the fact that of the 50,000,000 tons of Nile mud which pass through the Assouan dam annually it is estimated that 30,000,000 tons are lost in the sea, while only 20,000,000 tons are utilised as manure, he will advise the Egyptian Government to adopt measures whereby such a large amount of waste may in future be prevented.
The Egyptian Government are fully aware of the importance of utilising the Nile flood to its fullest extent, and large sums are yearly spent in improving the irrigation system of the country. Irrigation has made very great progress in the last few years, and the progress will be continued, but it must be gradual.
Egyptian Capitulations
I beg to ask the Secretary of State for Foreign Affairs whether further action has been taken by the Egyptian Government in sequence to the circular which, as Lord Cromer states in his Annual Report for 1905, page 2, was addressed to the Powers suggesting, in anticipation of a renewal in February, 1905, of the functions of the Mixed Tribunals in Egypt, certain reforms in the working of the Egyptian capitulations; and whether he will lay upon the Table of the House copies of the replies received to that circular, and other information showing the present state of the negotiations.
The circular, to which the hon. Member alludes, invited the Powers to take part in an International Commission to consider the question of making certain changes in the law and procedure of the Mixed Courts. The assent of all the Powers having been obtained, the Commission commenced their deliberations, with the result that in March last, five draft laws applicable to foreigners, which had been drawn up by the Commission, were submitted to His Majesty's Government for their approval. His Majesty's Government notified their approval to the Government of Egypt in April, but I have not yet been informed whether the approval of all the other Powers has been obtained. The only correspondence of which His Majesty's Government have cognisance, is that between them and the Government of Egypt, the purport of which I have already notified above. The replies of the other Powers will doubtless be dealt with in Lord Cromer's Annual Report, which will in due course be laid before the House; the matter does not appear to His Majesty's Government to be of sufficient urgency to warrant the immediate publication of separate papers.
Egyptian Imports Of Alcoholic Liquors
I beg to ask the Secretary of State for Foreign Affairs whether he will procure from the Egyptian Government, for the information of the House, a statement as to amounts and values of alcoholic liquors imported into Egypt during each of the years 1900 to 1906, showing the places of origin and destination and the nationalities of the consignors and consignees; also a statement of the number of distilleries and breweries for the manufacture of alcoholic liquors, showing in each case the towns and provinces in which they are situated, and the amounts and values of the outputs together with the nationalities of the proprietors for each of the years between 1900 and 1906.
I will make inquiry and get as much of the information asked for as is obtainable.
The Admission Of Undesirable Aliens
I beg to ask the Secretary of State for Foreign Affairs if his attention has been called to the frequent cases in which foreign Governments refuse permission to land to undesirable aliens who are refused permission to land in England and are returned to the ports whence they sailed, also to the cases of aliens who are sentenced to deportation by our Courts; and whether he will consider the advisability of some international arrangement under which each country should be obliged to provide asylum for its own native subjects when for any reason they are expelled from a foreign country.
I am aware of certain cases of the nature described. The matter is regarded by His Majesty's Government as one of importance, and is engaging the consideration of my right hon. friend the Home Secretary and of myself.
Loughborough Brush Company And The Truck Act
I beg to ask the Secretary of State for the Home Department whether his attention has been called to the fact that the Loughborough licensing justices have granted a licence to the brush company at Loughborough for the sale at their works of intoxicating liquors for the benefit of those workmen who are living on the premises during the present dispute; and whether, seeing that such permission makes such premises so licensed a public-house, and in view of the provisions of the Truck Act, he proposes to take any, and, if any, what, steps in the matter.
Yes, Sir. I have made inquiry into the matter, but so far as I am able to judge from the facts which have been brought to my knowledge, I cannot find that any breach of the Truck or other Acts has taken place. The magistrates appear to have been within their powers in granting the licence.
Mining Royalties
I beg to ask the Secretary of State for the Home Department whether he can state the value of the mineral royalties which have been paid during the past five years in the counties of Cumberland, Northumberland, and Durham, respectively.
I have no information as to the amount paid in mining royalties in these counties later than that which is contained in the Report of the Royal Commission on mining royalties in 1893; but my hon. friend will find particulars as to the rates in question in Paragraph 19 of that Report.
Case Of Richard Flynn
I beg to ask the Secretary of State for the Home Department whether representations were made to the Home Office on 4th April, 1906, respecting the case of Richard Flynn, who was arrested, convicted, and sentenced at the Clerkenwell Sessions, 7th June, 1905, for an alleged watch robbery; whether he is aware that in the first trial, on 6th June, 1905, the jury after due deliberation did not agree that Flynn was guilty, and that he was accordingly discharged, but was arrested next day, 7th June, 1905, tried upon the same charge, and convicted, and that the detective, Burrell, who made the charge against Flynn was the same officer who had a case before the Marylebone Police Court on 24th May, 1905, in which Flynn gave evidence in favour of the innocence of the accused; whether he is aware that Flynn was arrested outside the Marylebone Police Court on the mere statement of someone in court who alleged that he recognised Flynn as one of a gang concerned in a watch robbery; and whether, having regard to these circumstances, he will institute inquiries with a view to ascertaining whether justice has been done.
The whole case has received the most careful consideration both from myself and from the late Home Secretary. Flynn was recognised at the Marylebone Police Court on the 24th May, 1905, by two persons as the man who was concerned with another in a robbery committed on one of them; these persons were most positive in their identification and the police would have altogether failed in their duty if they had not arrested and charged him with the felony. On the 6th June, the first jury empannelled to try the charge could not agree; Flynn, of course, was not discharged, but following the ordin- ary course, he was put up for trial by a second jury, who, after a careful hearing, found a verdict of guilty. In consequence of his strenuous assertions of innocence the police instituted most exhaustive inquiries in the case, but failed to discover any facts that would have justified the Secretary of State in advising the remission of the sentence. Another man, however, surrendered and confessed to being concerned in the robbery; he was arraigned on that charge and pleaded guilty. The case was full of difficulty, and far too complicated to allow of my attempting any résumé of the facts within the limits of an Answer, but I may say that I entirely agree with my predecessor's decision to release Flynn from prison, and also with his well-considered opinion that the case was not one for recommending any grant of compensation from public funds.
Is the right hon. Gentleman aware that the detective actually threatened Flynn when he gave evidence in another case?
Is there no evidence of bias and malice on the part of the detective, and under these circumstances should not Flynn be compensated?
He got the benefit of the doubt. I do not think we can go beyond that.
Case Of Elizabeth Perkins
I beg to ask the Secretary of State for the Home Department, if his attention has been called to the case of Elizabeth Perkins, who was recently charged at the Tower Bridge Police Court with perjury on the evidence of three police constables and a female searcher, but who was discharged without a stain on her character, the police authorities admitting that a mistake had been made, and agreeing to pay her expenses; and what compensation he proposes to pay this woman for the serious injury done to her.
I beg to refer the hon. Member to the full statement which I made yesterday in answer to the Questions put to me by several hon. Members.†
† See col. 540.
Is it proposed to appoint a Committee of Inquiry into the circumstances of this case and into the efficiency or otherwise of the officer who committed this blunder?
No, Sir.
Heavy Sentence At The Bedford Quarter Sessions
I beg to ask the Secretary of State for the Home Department whether his attention has been called to the cases of George Woods and William Charles Hutchinson, who wore sentenced to penal servitude for five years by the recorder, Mr. W. Russell Griffiths, at the Bedford Quarter Sessions, for breaking window panes; and if he will consider the possibility of reducing their sentences, considering the circumstances under which the offences were committed and there being no previous conviction against them.
At the same time may I ask the Secretary of State for the Home Department whether his attention has been called to the sentence of five years penal servitude passed by the Bedford Recorder at the Borough Quarter Sessions on two men for breaking a plate glass window in High Street, Bedford; and whether in view of the punishment awarded and the character of the crime, he will take steps to secure a reduction of the sentence.
This extraordinary case was brought to my notice some days ago by my hon. friend the Member for Bedford. I inquired into it at once, but I am not yet in possession of all the facts, and perhaps the hon. Member will repeat his Question.
Case Of Max Nettlau
I beg to ask the Secretary of State for the Home Department whether it has been reported to him that M. Max Nettlau was refused permission to land in this country because he refused to undergo a medical examination under the terms of the Aliens Act; whether he is aware that Dr. Nettlau is a Doctor of Philosophy who for twenty years past has paid an annual visit to this country for the purpose of studying at the British Museum; and whether he will give instructions to prevent a recurrence of such an incident.
I have this matter under my consideration, and I shall be glad if the hon. Member will post-pone his Question for a few days.
Is it not possible to introduce a Bill to repeal this inhospitable and un-English Act?
[No Answer was returned.]
Committals For Trial
I beg to ask the Secretary of State for the Home Department whether his attention has been called to the number of cases in which persons are kept in prison for long periods before being brought to trial; whether he is aware that, according to the judicial statistics for 1904, eighteen persons were acquitted after having been kept in prison for several months before trial; and whether he will take any steps to remedy this state of things.
I have had under my consideration the statistics to which the hon. Member refers, and have consulted the Lord Chancellor and the Lord Chief Justice with regard to the long delay which occasionally occurs before prisoners can be tried. The result was that in August last I issued a circular strongly urging on magistrates the importance of granting bail more freely in proper cases to prisoners committed for trial.
Judicial Statistics
I beg to ask the Secretary of State for the Home Department, when the judicial statistics for the year 1905 will be published.
The preparation of these statistics is an enormously heavy task, but I hope that if no fresh demands are made upon the Statistical Department of the Home Office, the criminal statistics may be published in about six weeks.
Child Life Insurance
I beg to ask the Secretary of State for the Home Department whether his attention has been given to the number of cases in which parents draw-considerable sums from insurance companies on the death of their infant children through neglect and ill-usage; and whether he will take steps, by legislation or otherwise, to put an end to the practice of infant insurance.
Cases of the nature referred to have, occasionally, come to my notice. I beg to refer to the Answer which I gave in this House on the 16th July last to the hon. Member for the Chesterfield Division of Derbyshire, † in which I explained the law on the subject, and I may add that the matter is under the consideration of my hon. friend the Secretary to the Treasury, who hopes, if opportunity offers, to introduce legislation further limiting the sums of money which can be obtained in this manner.
Quarry Accidents
I beg to ask the Secretary of State for the Home Department what steps, if any, have been taken in view of the statement on page 99 of the Reports on Mines and Quarries for 1905 (Labour) that accidents by falls would be reduced if more quarries were worked in steps or galleries instead of with a vertically continuous face of great height; whether he is aware that 33 per cent, of fatal accidents in quarries are due to falls; and whether, under those circumstances, the Report has been brought to the attention of quarry owners with a view to their adopting the gallery system wherever practicable.
No special steps have been taken to bring this particular remark to the notice of the quarry owners. The Report itself is widely circulated by the Home Office, and is reviewed at length in the trade papers. The point is no doubt present to the minds of all the inspectors, but they have no power to direct the adoption of any particular method of working. Special precautions against falls are contained in Nos. 1, 2 and 3 of the Code of Special Rules for Quarries which has been established at a large number of quarries. These are enforced by the inspectors.
Quarry legislation is one of the numerous subjects which call for my attention.† See (4) Debates, clx., 1335.
Borough Council Elections
I beg to ask the Secretary of State for the Home Department whether he is aware that a number of voters were shut out and prevented from voting at the recent borough council elections in consequence of the polling stations being closed at 8 p.m., and whether it is the intention of the Government to introduce legislation next year to extend the hours of polling to 10 p.m.
Perhaps I may be allowed to answer this Question. I do not find that the Local Government Board have received any representations as to voters being prevented from voting at the recent elections of borough councillors on the ground to which my hon. friend refers. Note will be taken of the suggestion for legislation on the subject, but no promise could be given at the present time to introduce a Bill with regard to it next year.
Loch Ryan Oyster Fishery
I beg to ask the President of the Board of Trade whether his attention has been called to the action of the Loch Ryan Oyster Fishery Company in laying on the solum of the loch quantities of broken bricks and also boxes filled with stones; and, seeing that such action is a danger to shipping using the loch, which is of shallow depth, and is an important waterway between Scotland and North of Ireland, whether he will cause the practice to be prohibited in future, and also cause the present obstructions to be removed.
The attention of the Board of Trade has been called to the matter to which the hon. Member refers. It would take too long for me to read out the details of the case, but I shall be happy to show them afterwards to the hon. Member.
The Ladies' College, Cheltenham
I beg to ask the President of the Board of Education whether his attention has been called to the refusal of the authorities at the Ladies' College, Cheltenham, the college being on the list of the Board of Education training colleges for elementary school teachers, to accept a pupil from the Leeds City Council Thoresby High School for Pupil Teachers, who, in accordance with the regulations, applied for admission; whether he can state that, in applying for admission to the Ladies' College, Cheltenham, the social status of the applicant determines admission; and, if so, seeing that the college in question is subsidised to an extent from public funds, what steps he intends to take in the matter.
My attention has not been called to any such case as that described in the Question, except by private correspond-once with a Member of this House, in which no details of the case were given. I have no information whatever as to the grounds on which the College authorities refused admission. If the hon. Member will cause the case of the girl who was refused admission to be officially submitted to the Board, I will have it carefully investigated, as indeed I had already promised to the hon. Member who first named the matter to me.
Bibles For Non-Provided Schools
I beg to ask the President of the Board of Education whether, in the West Riding of Yorkshire, the Local Education Authority have refused to provide Bibles for use in the non-provided schools while making no such refusal in the case of the provided schools; and, if so, whether he will take steps to prevent such inequality of treatment in future.
Before the right hon. Gentleman answers the Question, is it not the fact that local education authorities are under no obligation to provide Bibles, catechisms, or any other religious textbooks in denominational schools, and has not the Court of Appeal decided chat the West Riding local authority has no control over, and consequently no responsibility whatever regarding re- ligious instruction of any sort in non-provided schools?
I will furnish the right hon. Gentleman with particulars of a case.
No information has reached the Board of Education with regard to any such action on the part of the West Riding.
Are we to understand that, so far as the right hon. Gentleman knows, there exists in this country a single denominational school not adequately supplied with Bibles by the managers, having regard to their well-known zeal for religious teaching?
[No Answer was returned].
Tenants Of Crown Lands
I beg to ask the hon. Member for South Somerset, as representing the Board of Agriculture, whether he will inform the House of the number of notices to quit served upon the agricultural tenants of Crown lands, specifying the length of previous occupation by such tenants and the special reasons given for terminating such tenancies; and what steps are being taken to form such lands when vacated into small holdings, and where such lands are situate.
In consequence of the death of two of the Crown tenants, notice to quit has been given to their representatives. The tenants in question had occupied their farms, which are situated at Holbeach and at Walpole St. Andrews and Wingland, for twenty and fifteen years respectively. The farms referred to will not come in hand till next Michaelmas, and my noble friend is unable at present to make any statement as to the use that will be made of them. In addition, before my noble friend was appointed a Commissioner, notice to quit was given in the case of a farm near Scarborough, on the ground that the tenants did not themselves occupy the land, but were merely middlemen and that land was required by the Local Authority for small holdings and allotments.
Crown Receiver
I beg to ask the hon. Member for South Somerset, as representing the President of the Board of Agriculture, whether it is intended to dismiss the present Crown Receiver; and, if so, for what reason; what steps are being taken to fill the position; what qualifications will be required for the position; and what remuneration will be paid to the next Receiver.
Notice has been given to the two firms who act at present as agents for the Crown lands that their services will not be required in future so far as concerns the agricultural properties which are to be placed under the charge of my noble friend. My noble friend desires me to say that the change of agency is not intended in any sense as a reflection on the honourable and conscientious manner in which the two firms in question have performed their duties, but that for the execution of the policy of utilising as far as possible the Crown lands for small holdings it is necessary to have agents who have had practical experience of the kind of work that will have to be done. Negotiations are now proceeding as to the appointment of new agents, but I cannot make any definite announcement on the subject at the present time. I may add that the Land Revenue Act, 1829, requires that every Crown Receiver should be "by profession a surveyor of lands or land steward, and accustomed to act as such, or otherwise skilled in the management and cultivation of lands, and competent to the superintendence thereof."
How many years have these gentlemen acted for the Crown?
I cannot say. It would be a considerable time.
Land Tenure Bill
I beg to ask the hon. Member for South Somerset, as representing the President of the Board of Agriculture, if he can give an estimate of the cost of making the records of the conditions of farms under Clause 8 of the Land Tenure Bill.
I am afraid it is impossible to give any estimate of the cost of making the records referred to. It will be a matter of arrangement between the parties in each particular case, and will obviously depend on the size of the farm and the amount of work involved.
Prosecutions For Corrupt Electoral Practices
I beg to ask Mr. Attorney-General whether he will state the number of the cases, giving the names and places of the persons implicated, in which proceedings, and the nature of those proceedings, have been taken by the Treasury under the Corrupt Practices Act in respect of the general election of January, 1906.
I have already answered this Question. I shall be glad to furnish the hon. Member with a list of the cases if he desires.
King's Bench Trials
I beg to ask Mr. Attorney-General whether he is aware that 70 per cent, of the cases tried in the King's Bench Division are in respect of sums of £100 and less; and whether he will advise a modification of the Order in Council, issued under the County Court Act, 1903, in order that such cases may be dealt with in the county courts.
I do not think a modification of the Order in Council would quite meet the case to which the hon. Gentleman calls attention. Legislation would be required, and I am not. prepared to advise at present that that course be adopted.
Scottish History
; I beg to ask the Secretary for Scotland whether the Scottish Education Department intends to take any definite steps to remedy the neglect in Scottish schools of Scottish history complained of by the Convention of Royal Burghs, and admitted in the recent Report on Secondary Education.
The responsibility for what history shall be taught in their own schools and what text-books shall be used rests in the first place upon school boards and school managers. But the Department has under consideration the advisability of issuing for the guidance of managers and teachers suggestions for the teaching of several school subjects, including history. The suggestions for the teaching of history will deal with the point mentioned by the hon. Member.
Will the right hon. Gentleman recommend Sir Walter Scott's Tales of a Grandfather as a text-book?
I shall be glad to consider that suggestion.
Salaries Of Irish National School Teachers
I bog to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he has received a Resolution from the Blacklion and Dowra Teachers' Association, drawing attention to the miserable salary paid to Irish national school teachers, to inadequate pensions, and to the delay in advancement and promotion of teachers; and, if so, in view of the gravity of delay in having the teachers' grievances put right, will he give this matter his first consideration.
I have received the Resolution referred to. The whole question of salaries to Irish primary teachers is under the consideration of the Commissioners of National Education, and the Irish Government will gladly consider any proposals on the subject which the Commissioners may make.
Evicted Farms In County Cavan
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners' inspector visited county Cavan recently; and, if so, how many owners of the fifty-two evicted farms now on the landlords' hands were visited; did any of these landlords refuse to see the inspector; did any of these landlords refuse to allow the evicted tenant back; and, if so, how many.
The Estates Commissioners inform me that one of their inspectors is at present making inquiries into the cases of evicted tenants in county Cavan. Until these inquiries have been completed the Commisssioners are not in a position to give the details asked for in the Question, and, moreover, they do not think it desirable that they should furnish at irregular intervals piecemeal reports as to the progress of the work in different localities.
Galway Election Disturbances
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that there was much riot and disorder connected with the recent election for the town of Galway; and can he state the number of the electors on the register at present in force, the population of the town, and the number of police that were employed to keep order during the three days preceding the election and on the day of polling.
Reports which I have received from the police authorities indicate that on the afternoon of the 1st instant considerable disturbance and fighting took place at Galway. On the following day there was no disturbance, and on the third, the day of the polling, there was no general disturbance or riot, but some little fighting occurred. The number of electors in Galway is 2,250, and the population about 16,000. No extra police were employed at Galway on 31st October. The number of police employed on 1st November was sixty; on 2nd November, 100; and on 3rd November, the polling day, 200. These figures include ten men of the ordinary town force.
Lord Fermoy's Limerick Estates
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he is aware that the preliminary documents for sale and purchase as between landlord and tenants were perfected in the case of Lord Fermoy and the tenants on the Kilcullane, Cahirguillamore, and other lands in the parishes of Herbertstown and Grange, county Limerick; is he aware that Lord Fermoy subsequently withdrew his sanction to the sale unless the tenants paid a higher price, and on their refusal to do so served on them writs for rents to be tried in the superior courts, and, in the case of one tenant, Mr. Martin Hogan, served a process to be tried before the county court judge at the Bruff Quarter Sessions, which he subsequently withdrew before going into court; and will he consider the advisability of taking steps to save tenants from being harassed by lawsuits where the title is doubtful.
The Estates Commissioners inform me that no proceedings in connection with the sale of Lord Fermoy's estate are pending before them, and they have no knowledge of the legal proceedings referred to in the Question. The Government have no power to restrain landlords from taking legal proceedings.
Adara Evicted Tenants
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland is he aware that on 25th September last the Earl of Dunraven evicted from his holding in Ardshanbally Adara, a farmer named Thomas Drew, who held as tenant from year to year; is he aware that since his eviction, six weeks ago, Thomas Drew, with his delicate wife, have been obliged to live in an insanitary cabin; does he know that in order to the more effectually deprive Thomas Drew of any title to his holding a caretaker's agreement from the rent office, in the name of the Earl of Dunraven, was served on him which he refused to sign; can he say whether all the other evicted tenants on the Dunraven property have been reinstated; and will the Estates Commissioners send an inspector to see to the reinstatement of Thomas Drew.
The Estates Commissioners inform me that they have no knowledge of the facts alleged in the Question in reference to the case of Thomas Drew, from whom no communication has been received. The Commissioners have received eight applications for reinstatement on the estate mentioned. Six of the applicants have been reinstated by the Commissioners, one was outside the scope of the Act, and the remaining case has not yet been dealt with.
Complaint Against Mr P J Kelly, Jp, Of Loughrea
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to the fact that on 12th October Mr. P. J. Kelly, while adjudicating on the bench at the Loughrea Petty Sessions, publicly expressed approval of seditious statements made in court by a person charged with disorderly conduct at Gortymadden; if the Lord-Chancellor has expressed disapproval of Mr. Kelly's statement about grabbers, police, and British Government; and if Mr. Kelly has been called upon to withdraw the statement or resign his seat on the bench.
My attention had not been called to the fact alleged in the Question, and I have no information on the subject. I have, however, referred the Question to the Lord Chancellor, but, owing to the short notice given, there has not been time for the Lord Chancellor's observations to reach me.
I will repeat the Question in a few days.
Provision For The Irish Unemployed
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland what will be the Irish share of the £200,000 which the President of the Local Government Board has announced will be voted for the unemployed.
If the hon. Member will refer to the Supplementary Estimates of the present session, Class VII., he will see that the provision of £200,000 for the purposes of the Unemployed Workmen Act is to be allocated by the Treasury between England and Wales, Scotland and Ireland. I understand that the allocation has not yet been made.
River Floods In The North Of Ireland
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he has been informed that several of the principal rivers in the north of Ireland have overflowed their banks and that miles of low-lying country districts are under water; that in several parts of Derry, Fermanagh, and Monaghan, hundreds of acres of potatoes have been totally destroyed, and that farmers are compelled to use boats to remove horses and cattle from dangerous positions; and whether he will advise the Commission on arterial drainage to visit the flooded districts so as to take an object lesson on the subject matter of their inquiry.
I had not received information to the effect mentioned in the Question. I have, however, referred the Question to the Secretary of the Commission on Arterial Drainage, and am informed that the Commission will sit in Belfast to-day and on the remaining days of this week, and the hon. Member's suggestion will be brought before the Commissioners for their consideration.
Is it not the fact that the state of things is much worse along the basin of the Barrow?
I have no information as to that.
Irish Training Colleges
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if, since the settlement arrived at in 1890 in connection with the training colleges in Ireland, that settlement has been sot aside by the action of the Government in granting a sum of £50,000 for buildings for the Government College in Marl-borough Street, Dublin; whether he is aware that since 1890 three colleges have been established, one at Waterford, one at Belfast, and one at Limerick, with the assent of the Treasury, on the recommendation of the Commissioners of National Education, who considered them necessary in order to provide a sufficient supply of trained teachers; whether he is aware that under the present system these colleges at Belfast, Limerick, and Waterford have to pay interest on their loan and sinking fund out of their annual earning, thus reviving in their cases the grievances which were removed in the case of the colleges which were in existence in 1890; will he say if the Treasury have refused to redress these grievances on the ground that they have not been pressed to do so by the Irish Office; and whether, in view of the hardship which is being inflicted on the managers of these colleges, and the detri- mental effect the present policy is having upon the education and training of hundreds of teachers, he will take steps to impress on the Treasury the urgent necessity of acceding to the request which has been made to them for a free home grant.
The Board of National Education did make representations in favour of what is called a "free home grant" to the Limerick College, but do not appear to have made any similar representations in respect of the colleges at Belfast and Waterford. These provincial colleges have all been opened since 1890, with the full knowledge on the part of the promoters that a building grant would not be given to them, and I am informed that the Irish Government and the Treasury have consistently refused subsequent applications on behalf of these colleges for a grant to clear off the loans taken up for building purposes. The grant of £50,000 for new buildings, in connection with the Marlborough Street Training College, was made by the late Government two years ago out of the Irish Development Grant. It cannot be admitted that the making of that grant re-opened the settlement arrived at in 1890. The intention of that settlement was then stated to he to place the three denominational training colleges in Dublin on an equality of treatment as to building grants, with that previously accorded to the undenominational training college at Marl-borough Street under the control of the Commissioners. The reasons for making the grant in 1904 were fully stated in this House by the right hon. Member for Dover, 16th March, 1904, † and His Majesty's present Government have had nothing whatever to do with that matter. The question of grants for these colleges has not been the subject of discussion between the present Irish Government and the Treasury since we came into office, inasmuch as there was no reason to think that the attitude of the Treasury, who in November, 1905, positively refused to entertain a similar proposal, would be at all modified. The managers of two of these colleges, however, appealed directly to the Chancellor of the Exchequer, whose reply—it cannot have been accurately conveyed to the hon. and
learned Member—was not that which might be gathered from the Question, because while stating that, he could not properly take any action upon the matter, except upon the recommendation of the Chief Secretary, my right hon. friend added that he had looked into the history of the subject and did not think it likely that the previous decisions would be modified. There are so many questions connected with Irish Education in its various branches on which the Irish Government are constantly pressing the Treasury for further expenditure, some of which engage a public attention that extends over the whole of Ireland, that I am not prepared to give a prominent and exceptional place to the Question of further expenditure on any training college. The question of the training of teachers is no doubt one of great importance, but it must be dealt with as a whole; and, as I have said, there are other branches of education in Ireland, expenditure on which is a matter of more importance and greater urgency.† See (4)Debates, cxxxi., 1259, 1260, 1313.
Has the right hon. Gentleman any objection to publishing the correspondence as a Parliamentary Paper or allowing me to have a copy of it?
I will look into it to see if that can be done.
Arklow Harbour
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if the report on Arklow Harbour recently furnished to the Irish Government was made at the request of the Government or on the initiative of the Department of Agriculture.
The report in question was furnished at the request of the Irish Government and not on the initiative of the Department of Agriculture
Courtown Harbour
I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he is aware that the fishermen at Courtown, county Wexford, have been unable to get to sea for some time past owing to the silting up of the harbour; if the dredger, promised on 22nd October last by the Department of Agriculture, has been sent to Courtown; and whether, in view of the fact that for years past the fishermen at Courtown, and at other places on the south-east coast of Ireland, have been continually making representations to successive Governments with a view to the improvement of their harbours, he will seriously consider the question of giving them the same opportunities of earning their living as are given to fishermen in Scotland and in other parts of Ireland.
The Department of Agriculture are aware that the larger boats at Courtown have recently been prevented from leaving the harbour, owing to the condition of the bar. A similar state of affairs existed at the end of the year 1904. The Department, in co-operation with the county council, then cleared the entrance by the use of a steam crane and grab working from the pier. On learning, on 22nd October, that the entrance to the harbour had again become choked, the Department took immediate steps to have the crane moved from Arklow to Courtown; and it is now being erected there. The greater number of harbours on the east coast are purely artificial, and are liable to become choked by accumulations of sand. The Department are now in possession of a sand pump dredger, which is available for use in harbours suitable to her capacities, and arrangements could be made for placing her at the disposal of such harbour authorities as are prepared to cooperate in providing for her expense.
Irish Policy Of The Government
I beg to ask the Prime Minister whether a draft or outline of the Government proposals with regard to changes in the government of Ireland which are intended to be embodied in legislation next session has been submitted to the leader or leaders of the Nationalist Party; and whether he can state when the public will have an opportunity of considering the scheme.
No statement regarding the Government's proposals for Irish legislation next session can at present be made. It would be altogether unusual to do so. As to the persons who may or may not be consulted, I have nothing to say; but I shall be very glad to consult the hon. Member if he will allow me.
Will the right hon. Gentleman give mo an opportunity of consulting with him?
I am always available.
Census Of Production Bill
Reported from the Standing Committee on Trade, etc., with Amendments.
Report to lie upon the Table, and to be printed. [No. 344.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 344.]
Bill, as amended (in the Standing Committee), to be taken into consideration upon Monday next, and to be printed. [Bill 352.]
Adjournment
Mr. T. L. CORBETT, Member for North Down, rose in his place, and asked leave to move the Adjournment of the House for the purpose of discussing a definite matter of urgent public importance, viz., "the decision of the Government to discharge a number of invalid soldiers, who are unable to earn their livelihood, from Netley Hospital, without giving the House of Commons an opportunity of considering what provision can be made for them;" and, the pleasure of the House being signified, the Motion stood over, under Standing Order No. 10, until a quarter past Eight this evening.
Land Tenure Bill
As amended (by the Standing Committee), further considered.
rose to move the following Amendment to Clause 2—
"In page 2, line 9, at end, to insert the words, 'Provided that in the case of Ireland, where the tenant has bought out under any of the Land Purchase Acts, no such charge shall be imposed on the Irish Development
As I understood it, the Bill does not apply to Ireland, and if that be so the hon. Member's Amendment is out of order.
said that the clause itself could not possibly refer to Ireland, and he would further say that it was the intention of the Government to strike out Clause 3, which was the only clause which did apply to Ireland.
ruled the Amendment out of order.
in moving to insert in Clause 2 after the word "agreement" the words "made after the damage has been suffered," said that his object was to put right what he thought was obviously a slight error in the drafting of the section, because it said in the first sub-section that "any agreement to the contrary shall be void" and subsequently that "the amount of compensation payable under this section shall in default of agreement." Clearly the meaning of the word "agreement" was an agreement by which landlord and tenant bargained beforehand that there should be no compensation. Landlord and tenant should be able to fix the amount by agreement made after the damage was done without the expense of arbitration.
Amendment proposed—
"In page 2, line 11, after the word 'agreement,' to insert the words 'made after the damage has been Buffered.' "—(Mr. Beale.)
Question proposed, "That those words be there inserted."
intimated that the Government proposed to accept the Amendment together with a similar Amendment which he understood was going to be moved and which, in application, was identical with that of his hon. friend.
Question put, and agreed to.
moved to insert after the word "arbitration" the words "and the arbitrator shall have regard to any existing arrangements between owner and occupier under which damage by game has been taken into consideration." The object of the Amendment was to meet the case of damage by game having been taken into consideration in determining the rent, and to give the landlord some protection against being called on to pay twice over. He noticed that the Solicitor-General had placed an Amendment upon the Paper which for all he knew might entirely achieve the object he had in view. He felt bound, however, to move his own Amendment, because his right hon. and gallant friend the Member for Shropshire had agreed to accept it in lieu of an Amendment he himself had on the Paper. While he was quite willing, if hon. Gentlemen were satisfied with the proposal of the Solicitor-General, to withdraw in its favour, he rather preferred his own and shorter form of Amendment. It was not necessary to discuss the matter further, especially as his whole object was to save the time of the House upon a very small question, upon which they had virtually come to an agreement during the previous day's debate, viz., that the tenant should not receive compensation twice over where compensation had been given in determining the rent. If those in charge of the Bill and hon. Members opposite were willing he was quite ready to withdraw his Amendment in favour of that of the Solicitor-General. There might be in the complicated and legal phraseology points which required explanation, and for this reason also he would withdraw his own Amendment, if desired.
Amendment proposed—
"In page 2, line 11, after the word 'arbitration,' to insert the words, 'and the arbitrator shall have regard to any existing arrangements between owner and occupier under which damage by game has been taken into consideration'—"(Mr. Paulton.)
Question proposed, "That those words be there inserted in the Bill."
said he quite agreed that something was required to make the clause clearer in its meaning, but he hoped the hon. Member would not press his Amendment, because the Solicitor-General had a similar Amendment on the Paper which he (Sir Edward Strachey) thought was preferable.
hoped the hon. Gentleman would not withdraw his Amendment. It was a better one than that of which notice had been given by the Solicitor-General. Perhaps the hon. Baronet in charge of the Bill would explain to the House why the Solicitor-General's Amendment was preferable to that of the hon. Member for Bishop Auckland. The latter was shorter and more easily understood, and he could see no possible reason for its non-acceptance. It was much clearer and contained fewer words, whilst that of the learned Solicitor-General was long, cumbersome, and difficult to understand.
hoped the Amendment moved by his hon. friend would not be dismissed quite so summarily by the Front Bench. On the previous afternoon they had been engaged in a lengthy discussion over an Amendment which, according to the general consensus of opinion in the House, aimed at the object they had in view. It was explained, however, from the Front Bench that it would not achieve the object desired. Unquestionably in the letting and taking of a farm, the probability of damage by game almost always entered into consideration. It was the general consensus of opinion in the House that, this being so, it was desirable to have some form of words inserted in the Bill giving power to the arbitrator, when considering a claim for damage by a tenant, to take notice of any such consideration, if embodied in the agreement and affecting the rent. Personally, he much preferred the Amendment before the House, because it almost exactly reproduced what he believed to be the sense of the House on the previous afternoon. If there were points which needed explanation, and rendered the Solicitor-General's Amendment preferable, it was all the more reason why they should not hastily discard the proposal under discussion.
believed there was a general agreement that the Amendment of the hon. Member for Bishop Auckland covered the ground better than that of the hon. and learned Solicitor-General.
said that as the hon. Baronet in charge of the Bill had suggested that the Amendment before the House should be withdrawn in favour of one standing in the name of the Solicitor-General, it behoved them to look at both in order to see in what respect they differed. The Amendment of the hon. Member for Bishop Auckland said that—
whereas that of the Solicitor - General stated that—"The arbitrator should have regard to any existing arrangements between owner and occupier under which damage by game has been taken into consideration,"
It seemed to him that there was a great difference between the two Amendments. Under the Solicitor-General's Amendment no arrangement between landlord and tenant would have any effect, whereas under the Amendment of the hon. Member for Bishop Auckland it seemed to be open to the tenant and landlord to take into consideration, when making a letting, any possible damage that might be done by game. He trusted that the hon. Gentleman would persist in his Amendment, which was perfectly clear and short, and the purport of which was more easily understood by the ordinary layman than the technical Amendment of the Solicitor-General."Where the landlord proves that under a contract of tenancy, made before the commencement of this Act, any compensation for damage by game is payable, or that in fixing the rent to be paid under such agreement allowance to an agreed amount was expressly made, the arbitrator shall, in assessing the compensation under this section, make such deduction from the compensation which would otherwise be payable as may appear just."
thought he could explain why the Government preferred the Amendment of the Solicitor-General to that of the hon. Member for Bishop Auckland. The real object was to insert a clause which would make specific provision for the value of the loss caused by game. What the Government were anxious to avoid was that the landlord should pay compensation twice over. The Amendment of the Solicitor-General guarded against that danger, so that if the arbitrator found in the lease some clause by which there had been an anticipation as to the damage done by game, he would take it into account. That would quite rightly throw upon the landlord the onus of showing from the lease that he had already by anticipation made an allowance or compensation in respect of damage by game, and that, therefore, it would be grossly inequitable to ask him to pay over again. The two Amendments really came to the same thing; but in the view of the Government it was much better that the arbitrator should have his attention drawn to the point which they all had in view.
thought that the Solicitor-General for Scotland was wrong. It had been made abundantly clear, from the speeches delivered on the previous day, that very often allowance was made for the amount of damage done by game by a reduction of rent. In the southern counties farms were let by yearly agreements, which were usually made out in the same form for a whole estate. He hold in his hand a form of such agreement which was frequently adopted. He could assure the hon. and learned Solicitor-General for Scotland that, although no express mention was made of compensation for damage caused by game, considerable differences were made in the rent of different farms owing to the presence on some farms of large coverts for game. The Amendment of the Solicitor-General contained the word "expressly," which would cut out all the cases whore the reduction of rent by way of compensation was made by tacit understanding, as it was in many parts of the country; and in numerous cases of that kind the arbitrator would have nothing to look to in coming to his decision. Of course, in the future that would be provided for, but it could not be remedied in existing agreements. He hoped the hon. Baronet in charge of the Bill would reconsider the matter and see whether his own object would not be better served by accepting the shorter and clearer Amendment of the hon. Member for Bishop Auckland.
hoped the Government would refuse this Amendment and insist on the words to be proposed by the Solicitor-General. He did not think the two Amendments meant the same thing. He thought the word "arrangement" instead of "agreement" would allow the evasion of the understanding arrived at in the previous day's discussion. The compensation to be given to the tenant by the landlord should be compulsory, and the Amendment of the Solicitor-General would secure that.
thought that hon. Members must have been very agreeably surprised when they saw on the Order Paper the present Amendment. He was glad to hear that a concession of a most valuable character had been made to carry out the understanding arrived at, as he believed, on the previous day, that when an arbitrator came to deal with the question of what compensation was to be given he should be allowed to take into consideration any arrangement which the landlord and tenant had come to on that point. There was no suggestion on the previous day that the arrangement should be expressed in writing in a document under seal. A great many farms in England were let verbally, and it would be impossible in a large number of cases to comply with the stringent and objectionable terms which the Solicitor-General had incorporated in his Amendment. The House would be well advised if they accepted the straightforward and simple language of the Amendment of the hon. Member for Bishop Auckland.
pointed out that in effect they were in Committee upon this Bill in consequence of the action of the Government, instead of dealing with the matter upon the Report stage in the ordinary way. The whole question under debate was that of existing contracts, and he took it that the Amendment before the House, unless it was modified by some other words, would put into the hands of arbitrators in the future a power to consider agreements of a private nature which it was the object of the Bill to prevent; in fact it would defeat the whole object of the Bill. In the case of new tenancies, how was it possible at the beginning of nineteen years to say anything about the amount of damage which would be done at any time during that period? The tenant, however, would submit to whatever game the landlord put upon the land, because he had already obtained as much reduction of rental in regard to such damage as he could possibly receive, and he took it that under this Act he would be able to obtain a reduced rental in the case of larger heads of game being on the farm, and also to claim an arbitrator's decision and get a second allowance. That was what they on that side of the House objected to—that a tenant should be allowed to claim compensation twice over. He thought the Solicitor-General should see that this compensation was not paid twice over, and that a man who had already obtained a reduction of rent, because of game preservation, should not be able to claim a second allowance.
said the speeches which had been delivered showed that there was an ambiguity in the proposed Amendment. Some of his hon. friends assumed that the word "existing" meant existing at the time of arbitration; he did not know whether that was the meaning given to it by the promoters of the Amendment or whether it was to be interpreted as meaning "existing" at the time of the passing of the Bill. In that case it would be possible for any tenant and landlord to come to an agreement with regard to the amount of game to he kept on a farm, and the tenant would not be able to claim compensation for damage except beyond that. There was a vital and enormous difference between the two proposals; indeed, there was the difference of the whole diameter of the globe between them, because in one case they preserved the right to make future contracts in regard to game and in the other they did not. If the first interpretation was the correct one, then there was a vital difference between the Amendment of the hon. Member and that of the Solicitor-General. He thought they ought to know the object with which the Amendment was moved.
said he might be mistaken as to what his hon. friend opposite meant, but he had no other intention than that of dealing with contracts existing at the time of the passing of the Bill.
said that was his interpretation of the Amendment, and the hon. Gentleman opposite seemed to be of the same opinion. Having settled that preliminary ambiguity, he ventured to put in an appeal for the Amendment now before the House and for this very plain and obvious reason. On the subject of contracts already running the Solicitor-General's Amendment would forbid any arrangement between landlord and tenant being taken into account by the arbitrator unless an arrangement was in writing. He instanced the case of the taking of a lease where a tenant might have to pay £300 a year; but, in view of game being kept on the farm, it was lot by the landlord at £280 a year. This abatement of the rent agreed upon between landlord and tenant was never inserted in the lease; and he wanted to know whether a tenant relieved of £20 rent was to be compensated for damage by game, since the contract was not of the formal character suggested by the Solicitor-General. He hoped that the Amendment of the hon. Member would be agreed to.
said that the objections now being urged to the Bill were more extensive in form and substance than the objections seized upon by way of illustration the previous day, and sought to be met by his Amendment. He pointed out, however, that it had not been suggested in the case of existing contracts that an arbitrator should be at liberty in every case, without any proof of distinct agreement, to re-open the negotiations as to the rent. ["Yes."] Where a distinct agreement was made it would be practically nullifying the Bill, as far as existing contracts were concerned, if, in every case, the arbitrator was entitled or obliged to put the tenant through a cross-examination as to whether or not at the time when he made his bargain there was any game on the land. The extreme case of injustice where a distinct agreement had been made at the commencement of the tenancy in respect to compensation for damage done by game had been met by the Treasury Bench, and could easily be met again. It would practically repeal the provisions of this Bill if the arbitrator in every case had to put the questions suggested by the right hon. Gentleman opposite as to whether or not at the time the tenant made the bargain there was any game upon the land, because they would all admit that there was not a tenancy of which the rent was fixed without the knowledge that there was some game on the land. He did not deny that this Bill was in some measure an interference with existing contracts, and hon. Gentlemen opposite did not put the Government in any dilemma when they suggested it, because the Act of 1900 was to some extent an interference with then existing contracts. If hon. Members would read Section 7 of that Act they would find that although under existing tenancies the tenant had no right to compensation for improvements, yet under that Act, notwithstanding agreements, he was to be entitled to compensation for all sorts of improvements which he might make. In this matter the Government was following Conservative precedent. He admitted that the Bill interfered with existing contracts to some extent, and it did so because in this case they were not dealing only with the interests of two classes. This Bill was not brought in in the interests of the farmer and the landlord alone, although hon. Gentlemen opposite had tried to treat it in that way. Any interference with existing contracts was made on grounds of public policy, it being considered that in the interest of the community the agricultural industry should proceed without being hampered by loss and detriment, such as had been alluded to, from game preservation. The Government had tried to meet the extreme case put by the other side, and now they were told that that case never existed. He wished he had been told that before he attempted the rather difficult task of drafting an Amendment to deal with it. Passing to the Amendment of the hon. Member, it was quite clear, as had been suggested by the right hon. Gentleman the Leader of the Opposition, that the words proposed would apply not only to tenanices existing at the passing of the Act, but also to those existing at the time of the arbitration. Did the Amendment limit this to cases where express agreements had been made. On the other hand, it would reopen negotiations for Tent in the case of every existing tenancy. In England the majority of the tenancies existed from year to year and could be determined by notice in any year. Therefore, in the case of tenancies existing at the time of the passing of this Act, the arbitrator in granting compensation would have to take into account the fact that the rent had been fixed without any regard to the damage done by game. The whole object of the Bill was to discourage the preservation of an undue amount of game upon the land, and if the Government were to accept the phrase "existing arrangements" difficulties would arise which would practically nullify the statute. With regard to long tenancies, he thought the difficulties could be overcome by the provisions of the Ground Game Act, which treated existing tenancies at the time of the passing of the Act as terminating at the time at which they could be determined. But he saw no reason why they should not, like other tenancies, come under the same general object of public policy and be subject to compensation for damage. Those were the general purposes he had in view. In framing his Amendment he had endeavoured to meet the extreme case put by hon. Gentlemen opposite, but they must resist the tendency to apply that treatment to every kind of case, because that would have the effect of greatly diminishing the scope of the Bill.
pointed out that the Act of 1900 on which the hon. and learned Gentleman relied as a precedent gave no compensation "in respect of improvements made before the passing of this Act."
said that that clause only applied to the restricted class of improvements made before the passing of the Act. but the Act applied to all classes made after.
said he heard the question argued by his hon. and learned friend behind him the other day, and although the Solicitor-General had then an opportunity of dealing with one of his own calibre he failed to bring forward the arguments with which he now endeavoured to overwhelm him. The Solicitor-General was enamoured of the Act of 1900, and said that it was a precedent worthy of imitation. He therefore asked the hon. and learned Gentleman if he would amend this Amendment to put it on the same lines as Section 7 of the Act of 1900. He suggested that the Amendment should read as follows—
He thought that would bring the Amendment into line with the precedent laid down by the Solicitor-General, and also with the hon. and learned Gentleman's view that where an arrangement existed between landlord and tenant on the question of the compensation to be paid for the game, that arrangement might come before the arbitrator who would give the weight that was due to it. Arrangements between the landlord and the tenant by which the rent was fixed according to the head of game on the land had been made time out of mind in almost every case of a farm being let. If there had been fraudulent arrangements, as the hon. and learned Gentleman might suggest, they would come before the arbitrator under the Bill, arid all that was asked was that the arbitrator should take these facts into consideration. If the arbitrator found that the arrangement entered into was a bona fide arrangement, it would be monstrous and absurd that it should not have some weight given to it. He begged to move."And the arbitrator shall have regard to any arrangements existing at the time of the passing of this Act between owner and occupier under which damage by game has been taken into consideration."
Amendment to the proposed Amendment—
"To leave out the word 'existing,' and insert after the word 'arrangement' the words 'existing at the time of the passing of the Act.'"—[Mr. Cochrane.)
Agreed to.
Question proposed, "That those words, as amended, be there inserted in the Bill."
said his sole object in moving the Amendment had been to save time and difficulty, and he thought it would have received support on all sides. He repudiated very strongly the utterly baseless suggestion which had been made from below the Gangway opposite as to his motive. He was in a position of some difficulty, as he wanted to keep faith with the House, but he found that in putting forward the words of his Amendment he was mistaken in thinking that they would be generally acceptable. He would therefore ask leave to withdraw the Amendment.
opposed the withdrawal of the Amendment, which he hoped would be carried. While wishing to do justice to the tenants they did not want to do any injustice to the landlords. Those who knew anything about land were perfectly well aware that a farm was let at a lower rent if a large head of game were kept on it. It would he very unfair to landowners if under this Bill in the case of a claim being made for damage done by game, there should not be set against that damage the fact that a lower rent was paid in consideration of the large head of game kept on the farm,
said the Solicitor-General really could not have been serious in his reply, from which he seemed to think that a conspiracy between landlords and tenants might be entered into to overrun the whole land with pheasants and partridges to the detriment of the food supply of the country. The hon. and learned Gentleman must know as well as he did that if every pheasant and every partridge in the country were killed to-morrow there would be no appreciable increase in the amount of home-grown wheat. He wished to thank the hon. and learned Gentleman for his phrase in which he said the Government were dealing not with the interests of the tenants only, but with the interests of agriculture and the country as a whole. He hoped the hon. and learned Gentleman, when he came to the clauses which really dealt with land tenure and agriculture, would adopt that principle, and look not at the tenant side only, but also at the maintenance and fertility of the land
AYES.
| ||
| Acland-Hood, Rt. Hn. Sir Alex. F | Baring, Hon. Guy (Winchester | Bertram, Julius |
| Anson, Sir William Reynell | Barlow, Percy (Bedford) | Bignold, Sir Arthur |
| Aubrey-Fletcher, Rt. Hon. Sir H. | Barrie H. T. (Londonderry, N. | Bowles, G. Stewart |
| Balcarres, Lord | Beach. Hn. Michael Hugh Hicks | Bridgeman, W. Clive |
| Balfour, Rt Hn A. J. (City Lond.) | Beck, A. Cecil | Burnyeat, W. J. D. |
| Banbury, Sir Frederick George | Beckett, Hon. Gervase | Butcher, Samuel Henry, |
under the experienced care of those who had managed it for years.
said all these difficulties would be obviated if the Government would accept an Amendment that the Bill should not come into force until 1908. Farms had been let at a lower rent in consequence of the presence of game, but according to this Bill the tenant would be able to obtain compensation twice over. It would be possible now for the landlords to revise their leases.
Order, order! The noble Lord is dealing with matters which have already been disposed of.
could not understand why the Government should not accept the Amendment in its revised form. The Solicitor-General had stated that there were a large number of agreements in which an express sum was named as compensation for damage by game, and that was quite true. That, however, only proved that it was impossible to legislate in a satisfactory manner as regarded the tenure of land and the damage done by game for the whole country. It was well-known that in many cases a lower rent had been accepted than would have been the case if there had been no game on the farm. It had been said that the only thing the landlord would have to do in such cases would be to revise the agreements with his tenants, but that was just what they wanted to avoid. It was desirable to avoid the friction between landlord and tenant which would undoubtedly arise unless this Amendment were accepted in its amended form.
Question put.
The House divided:—Ayes, 92; Noes, 281. (Division List No.385.)
| Carlile, E. Hildred | Harrison-Broadley, Col. H. B. | Renton, Major Leslie |
| Castlereagh, Viscount | Helmsley, Viscount | Ridsdale, F A. |
| Cecil, Evelyn (Aston Manor) | Herbert, T. Arnold (Wycombe) | Roberts, S. (Sheffield, Ecclesall) |
| Cecil, Lord John P. Joicey- | Hervey, F.W. F. (B'ryS. Edm'ds) | Ropner, Colonel Sir Robert |
| Cecil, Lord R. (Marylebone, E.) | Hills, J. W. | Rutherford, John (Lancashire) |
| Cochrane, Hon. Thos. H. A. E. | Howard, Hon. Geoffrey | Salter, Arthur Clavell |
| Corbett, T. L. (Down, North) | Kennaway, Rt. Hn. Sir John H. | Scott, Sir S. (Marylebone, W.) |
| Courthope, G. Loyd | Kenyon-Slaney, Rt. Hon. Col. W | Smith, Abel H. (Hertford, East) |
| Craig, Chas. Curtis (Antrim, S.) | Kimber, Sir Henry | Starkey, John R. |
| Craig, Capt. James (Down, E.) | Lambton, Hon. Frederick Wm. | Staveley-Hill, Henry Staff'sh.) |
| Craik, Sir Henry | Lane-Fox, G. R. | Stone, Sir Benjamin |
| Dalmeny, Lord | Lockwood, Rt. Hn. Lt. -Col. A. R. | Talbot, Lord E. (Chichester) |
| Dixon-Hartland, Sir Fred Dixon | Long, Col. Chas. W. (Evesham) | Talbot, Rt. Hn. J.G.(Oxf'd Univ) |
| Doughty, Sir George | Lyttelton, Rt. Hon. Alfred | Tennant, Sir Edward (Salisbury) |
| Duncan, Robert (Lanark, Govan) | M'Calmont, Colonel James | Thomson, W. Mitchell-(Lanark) |
| Everett, R. Lacey | Meysey-Thompson, E. C. | Thornton, Percy M. |
| Fardell, Sir T. George | Mildmay, Francis Bingham | Turnour, Viscount |
| Fell, Arthur | Napier, T. B. | Valentia, Viscount |
| Finch, Rt. Hon. George H. | Nicholson, Wm. G. (Petersfield) | Vincent, Col. Sir C. E. Howard |
| Fletcher, J. S. | Parkes, Ebenezer | Warde, Col. C. E. (Kent, Mid) |
| Freeman-Thomas, Freeman | Pease, Herbert Pike (Darlington) | White, Luke (York, E. R.) |
| Gardner, Col. Alan (Hereford, S.) | Percy, Earl | Wilson, A. Stanley (York, E. R.) |
| Gibbs, G. A. (Bristol, West) | Randles, Sir John Scurrah | |
| Gurdon, Sir W. Brampton | Ratcliff, Major R. F. | TELLERS FOR THE AYES—Mr. |
| Hamilton, Marquess of | Rawlinson, John Frederick Peel | Paulton and Mr. Whitbread. |
| Hardy, Laurence (Kent, Ashford) | Remnant, James Farquharson |
NOES.
| ||
| Abraham, Wm. (Cork, N. E.) | Byles, William Pollard | Ferguson. R. C. Munro |
| Abraham, William (Rhondda) | Cairns, Thomas | Ffrench, Peter |
| Acland, Francis Dyke | Cameron, Robert | Fiennes, Hon. Eustace |
| Agnew, George William | Campbell-Bannerman, Sir H. | Flavin, Michael Joseph |
| Alden, Percy | Carr-Gomm, H. W. | Flynn, James Christopher |
| Allen, A. Acland (Christchurch) | Cheetham, John Frederick | Fuller, John Michael F. |
| Allen, Charles P. (Stroud) | Churchill, Winston Spencer | Fullerton, Hugh |
| Ambrose, Robert | Cleland, J. W. | Furness, Sir Christopher |
| Armstrong, W. C. Heaton | Clough, William | Gibb, James (Harrow) |
| Asquith, Rt. Hon. Herbert Henry | Clynes, J. R. | Gilhooly, James |
| Astbury, John Meir | Cobbold, Felix Thornley | Gill, A. H. |
| Atherley-Jones, L. | Corbett, CH (Sussex, E. Grinst'd) | Ginrell, L. |
| Baker, Joseph A.(Finsbury, E.) | Cotton, Sir H. J. S. | Gladstone, Rt. Hn. Herbert John |
| Baring, Godfrey (Isle of Wight) | Cowan. W. H. | Glendinning, R. G. |
| Barker, John | Cox, Harold | Gooch, George Peabody |
| Barlow, John Emmott (Somerset | Craig, Herbert J.(Tynemouth) | Grant, Corrie |
| Barnard, E. B. | Cremer, William Randal | Greenwood, G. (Peterborough) |
| Barnes, G. N. | Crombie, John William | Greenwood, Hamar (York) |
| Barran, Rowland Hirst | Crooks, William | Gulland, John W. |
| Barry, E. (Cork, S.) | Cross, Alexander | Hammond, John |
| Beale, W. P. | Crossley, William J. | Hardie, J. Keir (Merthyr Tydvil.) |
| Beauchamp, E. | Dalziel, James Henry | Harwood George |
| Beaumont, Hn. W. C. B. (Hexh'm) | Davies, Ellis William (Eifion) | Haslam, James (Derbyshire) |
| Bell, Richard | Davies, Timothy (Fulham) | Haworth, Arthur A. |
| Bellairs, Carlyon | Davies, W. Howell (Bristol, S.) | Hedges, A. Paget |
| Bennett, E. N. | Delany, William | Henderson, Arthur (Durham) |
| Bethell, J. H. (Essex, Romford | Dewar, Arthur (Edinburgh, S.) | Henry, Charles S. |
| Bethell, T. R. (Essex, Maldon) | Dickson-Poynder, Sir John P. | Herbert, Col. Ivor (Mon., S.) |
| Billson, Alfred | Dilke, Rt. Hon. Sir Charles | Higham, John Sharp |
| Birrell, Rt. Hon. Augustine | Dolan, Charles Joseph | Hobart, Sir Robert |
| Black, Arthur W. (Bedfordshire) | Donelan, Captain A. | Hobhouse, Charles E. H. |
| Boland, John | Duckworth, James | Hogan, Michael |
| Brace, William | Duncan, J. H. (York, Otley) | Horniman, Emslie John |
| Branch, James | Dunn, A. Edward (Camborne) | Hudson, Walter |
| Brigg, John | Dunne, Major E. Martin (Walsall) | Idris, T. H. W. |
| Bright, J. A. | Edwards, Frank (Radnor) | Illingworth, Percy H. |
| Brodie, H. C. | Elibank, Master of | Jenkins, J. |
| Brooke, Stopford | Ellis, Rt. Hon. John Edward | Johnson, John (Gateshead) |
| Bryce, Rt. Hn. James (Aberdeen) | Erskine, David C. | Johnson, W. (Nuneaton) |
| Bryce, J. A.(Inverness Burghs) | Esmonde, Sir Thomas | Jones, Leif (Appleby) |
| Buchanan, Thomas Ryburn | Faber, G. H. (Boston) | Jones, William (Carnarvonsh.) |
| Burke, E. Haviland- | Fenwick, Charles | Jowett, F. W. |
| Buxton, Rt. Hn. Sydney Chas. | Ferens, T. R. | Kearley, Hudson E. |
| Kekewich, Sir George | Nuttall, Harry | Sinclair, Rt. Hon. John |
| Kincaid-Smith, Captain | O'Brien, Kendal (Tipperary Mid) | Smeaton, Donald Mackenzie |
| Kitson, Rt. Hon. Sir James | O'Brien, Patrick (Kilkenny) | Smyth, Thomas F. (Leitrim, S.) |
| Laidlaw, Robert | O'Connor, James(Wicklow, W.) | Snowden, P. |
| Lamb, Ernest H. (Rochester) | O'Connor, T. P. (Liverpool) | Soares, Ernest J. |
| Lambert, George | O'Donnell, C. J. (Walworth) | Spicer, Sir Albert |
| Lamont, Norman | O'Dowd, John | Stanger, H. Y. |
| Law, Hugh A. (Donegal, W.) | O'Grady, J. | Steadman, W. C. |
| Layland-Barratt, Francis | O'Kelly, James (Roscommon, N.) | Stewart, Halley (Greenock) |
| Leese, Sir Joseph F. (Accrington) | O'Malley, William | Strachey, Sir Edward |
| Lehmann, R. C. | O'Mara, James | Straus, B. S. (Mile End) |
| Levy, Maurice | O'Shaughnessy, P. J. | Stuart, James (Sunderland) |
| Lloyd-George, Rt. Hon. David | O'Shee, James John | Syllivan, Donal |
| Lough, Thomas | Parker, James (Halifax) | Summerbell, T. |
| Lundon, W. | Partington, Oswald | Sutherland, J. E. |
| Lupton, Arnold | Paul, Herbert | Taylor, John W. (Durham) |
| Lyell, Charles Henry | Pearce, Robert (Staffs. Leek) | Thomas, Sir A. (Glamorgan, E.) |
| Lynch, H. B. | Pearce, William (Limehouse) | Thomasson, Franklin |
| Mackarness, Frederic C. | Pearson, W. H. M. (Suffolk, Eye) | Thorne, William |
| Macnamara, Dr. Thomas J. | Perks, Robert William | Tomkinson, James |
| MacVeagh, Jeremiah (Down, S.) | Philipps, Col. Ivor (S'thampton) | Torrance, Sir A. M. |
| MacVeagh, Chas. (Donegal, E.) | Philipps, Owen C. (Pembroke) | Ure, Alexander |
| M'Crae, George | Pickersgill, Edward Hare | Verney, F. W. |
| M'Killop, W. | Pirie, Duncan V. | Walker, H. De R. (Leicester) |
| Maddison, Frederick | Price, C. E. (Edinb'gh, Central) | Walsh, Stephen |
| Mallet, Charles E. | Price, Robert John(Norfolk, E.) | Walters, John Tudor |
| Mansfield, H. Rendall (Lincoln) | Rainy, A. Rolland | Walton, Sir John L. (Leeds, S.) |
| Marks, G. Croydon (Launceston) | Raphael, Herbert H. | Walton, Joseph (Barnsley) |
| Marnham. F. J. | Rea, Walter Russell (Scarboro') | Ward, John (Stoke upon Trent) |
| Massie, J. | Redmond, John E. (Waterford) | Ward, W. Dudley (Southampton) |
| Masterman, C. F. G. | Redmond, William (Clare) | Wardle, George J. |
| Meagher, Michael | Rees, J. D. | Wason, Eugene (Clackmannan) |
| Meehan, Patrick A. | Richards, T. F. (Wolverh'mptn) | Wason, John Cathcart (Orkney) |
| Menzies, Walter | Rickett, J. Compton | Watt, H. Anderson |
| Micklem, Nathaniel | Roberts, G. H. (Norwich) | Wedgwood, Josiah C. |
| Molteno, Percy Alport | Roberts, John H. (Denbighs.) | White, J. D. (Dumbartonshire) |
| Money, L. G. Chiozza | Robertson, Rt. Hn. E. (Dundee) | White, Patrick (Meath, North) |
| Montagu, E. S. | Robertson, J. M. (Tyneside) | Whitley, J. H. (Halifax) |
| Mooney, J. J. | Robson, Sir William Snowdon | Whittaker, Sir Thomas Palmer |
| Morgan, G. Hay (Cornwall) | Rogers, F. E. Newman | Williams, J. (Glamorgan) |
| Morgan, J. Lloyd (Carmarthen) | Rose, Charles Day | Williams, Llewelyn (Carmarth') |
| Morrell, Philip | Rowlands, J. | Williams, Osmond (Merioneth) |
| Morse, L. L. | Runciman, Walter | Wilosn, Henry J. (York, W. R.) |
| Morton, Alpheus Cleophas | Samuel, Herbert L. (Cleveland) | Wilson, P.W. (St. Pancras, S.) |
| Murphy, John | Samuel, S. M. (Whitechapel) | Wilson, W. T. (Westhoughton) |
| Murray, James | Scott, A. H. (Ashton under Lyne) | Winfrey, R. |
| Myer, Horatio | Sears, J. E. | Young, Samuel |
| Nicholls, George | Seely, Major J. B. | Yoxall, James Henry |
| Nicholson, Chas. N. (Doncast'r) | Shackleton, David James | |
| Nolan, Joseph | Shaw, Rt. Hon. T. (Hawick B.) | TELLERS FOR THE NOES—Mr |
| Norman, Henry | Shipman, Dr. John G. | Whiteley and Mr. J. A |
| Norton, Capt. Cecil William | Silcock, Thomas Ball | Pease. |
moved to leave out the words "one week" and to insert "three days." He said it seemed to him undesirable to allow the crop, after it was cut so long a time as a whole week, to remain uncarted in order to be able to claim compensation for damage by game. Every day the crops remained the damage by game would increase, and surely three days notice would be ample.
seconded the Amendment.
Amendment proposed—
" In page 2, line 18, to leave out the words ' one week,' and insert the words ' three days.'" —(Mr. Everett.)
Question proposed, "That the words proposed to be left out stand part of the Bill."
said this matter was carefully considered by the Committee upstairs, and they took the Scottish precedent of the 1877 Act which, it was allowed, had worked well.
Question put, and agreed to.
Amendment proposed—
"In page 2, line 20, at end, insert '(3) Where the landlord proves that under a contract of tenancy made before the commencement of this Act, any compensation for damage by game is payable, or that in fixing the rent to be paid under such contract allowance in respect of such damage to an agreed amount was expressly made, the arbitrator shall, in assessing the compensation under this section, make such deduction from the compensation which would otherwise be payable as may appear just.'"— (Sir W. Robson.)
Question proposed, "That those words be there inserted in the Bill."
said the Amendment did not seem to him to improve the clause very much, but probably it was better than nothing at all. He did not think it in any degree met which he understood to be the pledges given by hon. Gentlemen opposite in respect to this matter. It did not go so far as they had indicated they were willing to go, but it went some length, and therefore, he personally would not offer it any opposition. But he hoped the Solicitor-General would reconsider the matter, and see if he could not at a future stage meet the legitimate points which had been raised on both sides of the House.
moved to omit the words "to an agreed amount."
seconded the Amendment. It was impossible to agree beforehand as to what the amount of damage would be. There might be a case where a farm when taken had a very large head of game upon it, and the landlord, having the shooting of it took that into consideration in fixing the rent. But afterwards a change might be made. The landlord might be invalided and not want any game at all. The conditions then would be altogether different, and it was impossible to lay down a hard and fast rule as to the amount of damage.
Amendment proposed to the proposed Amendment—
"To leave out the words 'to an agreed amount.'"—(Mr. Everett.)
Question proposed, "That the words proposed to be left out stand part of the proposed Amendment."
said the hon. Member for the Woodbridge Division was a practical man who looked at these matters from the farmer's point of view. [Cries of "No."] He came from a district where there was probably more game than in any other part of England, and therefore a proposal made by him deserved some consideration. This was a perfectly reasonable Amendment. Before taking a farm a tenant went round and made inquiries in regard to all the circumstances. The amount of damage likely to be done by game was taken into consideration. If during the tenancy any change took place in the head of game on the land the tenant already had his remedy, because he could recover damages from the landlord where unusual steps had been taken to increase the head of game. It seemed to him natural and indispensable that the Amendment to the Amendment should be accepted, and that the arbitrator should not to be restricted to taking into account a sum actually named in the agreement. The arbitrator should be allowed to take all the circumstances into consideration, and if he was satisfied that a reduction of rent was allowed in respect of the head of game on the holding, that should be kept in view in assessing the damage. He hoped the Government in this matter would have some regard to the arguments of those who realty knew something about the question.
said he should like to know the objection which the Government entertained to accepting this Amendment. It seemed to him to carry out precisely the pledges which the Government had given to the House on the previous day.
said the Government had given no pledge on the previous day. They were under no obligation in the matter, but they had done their best to meet the wishes of the House.
said he apologised to his hon. and learned friend. If he remembered correctly the Government, at any rate, did not repudiate this proposal as they certainly might have done. He thought that this Amendment which the Solicitor-General had brought up was intended to carry out the object the hon. Member for the Wood-bridge Division had in view. It had seemed to him that on the first clause the Government were adverse to anything being put in writing; but now they wanted everything to be put in writing. The Government. Amendment still left the onus of proof on the landlord. They must conclude that the arbitrator was a sensible man, and unless the Solicitor-General could convince him that his Amendment carried out the understanding come to on the previous day he would support the Amendment of his hon. friend the Member for the Woodbridge Division.
thought the Government would do well to accept it. He was surprised that-some hon. Gentleman had disagreed with the statement that the hon. Member for Woodbridge was a farmer and had a complete knowledge of agriculture. If anyone were to go into the Woodbridge Division and say that the hon. Member was not a genuine farmer he would meet with a very warm reception. He believed that if the Government did not accept this Amendment the Bill would not be of very great value, because he defied any farmer or ordinary person to understand the Amendment of the Solicitor-General.
disagreed with his noble friend that no one could understand the Amendment of the Solicitor-General. It was put down in order that the Government might be able to say that having listened to the arguments on the Opposition side of the House they had endeavoured to meet them in a very considerable degree. He contended that the Amendment of the Solicitor-General was so illusive that it would practically make no alteration at all in the Bill. What happened? A farm fell vacant. The landlord told his agent to look about for a good tenant. A man came along and. when the agent asked a rent of £300 a year, the man replied, "You cannot expect me to give that rent for a farm which has so much game on it. I offer £260 a year." The agent went to the landlord, and said, "Here is a very good tenant anxious to take the farm, but he is not willing to pay a rent of £300 a year," and the landlord would say, "Oh, if he is a very good man, let him have the farm for £260 a year." He believed that there was a regular form of agreement, but nothing was put in it as to the game. [A LABOUR MEMBER: "Why not?"] Because it was not the custom to do it. He sincerely hoped that the Amendment would be carried.
said that when a farmer proposed to take a farm he inquired as to the amount of rates to be paid, as to the condition of the farm, and as to the head of game on it. There was no agreement about all those points any more than when a man bought a horse. When he wanted to buy a horse he looked to see whether the horse had broken knees. He knew that in some cases tenant farmers had been hardly treated, but speaking for his own part of the country and as a tenant farmer himself, he could say that tenant farmers were quite capable for making their own bargains.
said that to accept this Amendment would be to whittle down the clause altogether. Difficulties would be sure to arise, and when a claim was made for compensation for damage done by game the land steward might come forward and say, "Oh, in fixing the rent I took the question of game into consideration." When a farm was let it was generally let to the highest bidder. [OPPOSITION cries of "No, No."] He knew as much about letting farms as hon. Gentlemen opposite, and he contended that in nine cases out of ten a farm was let to the highest bidder. If the Solicitor-General kept to his proposal those tenant farmers who had made bona fide arrangements in respect of game would be protected.
said he would ask the hon. Gentleman who had just sat down if he knew of any existing contract of tenancy in England in which allowance to "an agreed amount" for compensation for damage done by game was "expressly made." What was the value which the Solicitor-General put on the words "an agreed amount was expressly made"? If they were struck out all that the hon. and learned Gentleman desired would remain in full force. He urged the Government to accept the Amendment.
thought that the legislation upon which the Government was now engaged was almost the worst that could be conceived, because it introduced the maximum of variation of principle, and the minimum of benefit to either individuals or the community. If the Government were going to cut up contracts and destroy the basis of civilised society, if they were going to make sacrifices of this kind to the cry of the moment, let them do it for the benefit of someone, but they were introducing the maximum loss which would affect the social system as a whole and the minimum gain to any individual. That was what he called bad legislation. The Solicitor-General had never attempted a defence of this clause or of this Bill. All that he had done in the numerous and very able speeches which he had made was, in the first place, to allege that there was a precedent for this violation of contract in the Unionist legislation of six years ago, and in the second place that it was for the public interest that game preserving should be discouraged. He traversed both those statements. It was not necessary for him, however, to go into what had been done in the past. He did not mean to argue whether in substance what was being done by the hon. and learned Gentleman now was done by a previous Government; before he did so he should require from him some substantive definition of his own policy and a statement in what way it was going to benefit the community. He wished, however, to deal with his view that game-preserving was anti-social, and ought to be put a stop to. [MINISTERIAL cries of: That is not the question.] That was the question. The question was whether they were or were not to regard contracts as sacred. [An HON. MEMBER: For no fixed amount.] He did not think the hon. Member quite understood that there were contracts of various kinds, and dealing with this question the hon. and learned Gentleman meant to give relief in some cases and not in others, and the proposal that they wished to quarrel with was the limiting proposal. In other words, they quarrelled with the words which limited the relief by excepting a certain class of contracts. Why did the hon. and learned Gentleman propose to strike this blow at a certain class of contracts? He had distinctly told them that afternoon on another Amendment that he wished to discourage game preserving, but if he wished to do that he ought to bring in a different kind of Bill.
said he had not said that he desired to discourage game preserving and he did not desire to do so. He did point out, however, that it was an object of public policy that game preserving should not be excessive. Where it existed compensation should be given for the burden it placed upon persons engaged in producing food for the million.
did not know whether the House thought that he was engaged in misinterpreting the hon. and learned Member. At all events one of the reasons why the hon. Gentleman liked this Bill was that it was going to discourage the game preserver. But let the House take into account that that was not the object of the Bill. If it were it would have to prevent, not only the owner of the soil from excessive game preserving, but also the tenant to whom the game had been let both from excessive game preserving and from using the land let to him for the purpose of growing corn and roots for the purpose of rearing pheasants and partridges. The object expressed by the hon. and learned Gentleman was not the object of the Bill and was not to be found in its framework. What object could there be in this violation of contract? If there was to be no allowing people to contract themselves out of compensation, then those evils would not be a diminishing quantity after the Government had passed the present Bill, because existing contracts would come to an end month by month and year by year, and the time would come when every tenancy would be held under the stringent conditions of this Bill. So that so far as general considerations were concerned there was no great and permanent benefit to be gained by breaking these contracts. The tenants had entered into contracts under which the damage caused by game had been taken into consideration in fixing the rent. No doubt it had not been put down in figures, but the tenant took the farm with a full knowledge that the rent was justified by the conditions of the farm with game on it. Was a man who had received the contracted amount of compensation to receive compensation every year over again? If so, the Government were reduced to this unhappy conclusion, that simply in order to meet the case of a small class they were going to violate all the admitted principles which had governed legislation. That could not be right or wise, and it was opposed to all the traditions of the profession to which the Solicitor-General belonged. For the sake of a small and microscopic advantage the hon. and learned Gentleman was going to make a change which would go beyond the trifling and petty advantages which the Government proposed to gain if they adhered to this proposal. The Government had never argued their own case, but had contented themselves with quoting the precedent of six years ago. He submitted that when they were going to make a great departure from constitutional principles they ought to give some reasons for it.
said he had had some experience in letting farms, and he could unhesitatingly say that in the majority of cases a landlord let to the farmer who he thought was the best man. [Some LIBERAL MEMBERS: To the man who gives the most rent.] If landlords had pursued such a policy as hon. Members suggested I the state of agriculture in the country would be in a far worse position than it was at present. He felt certain that the majority of the Members of the House who knew anything about land would agree that all good landlords let their farms to the applicants who they considered would do the most good to the land. If the landlord let his farm in every case to the highest bidder the tenant in many cases would take all he could out of the land and leave nothing to the man who came after him.
said the hon. Baronet in charge of the Bill and the Solicitor- General placed different constructions upon their proposal. The Solicitor -General said the object of the Bill was to deal with the national food supply, but the hon. Baronet said its object was to prevent excessive game preservation except when compensation was paid to the tenant. It was in the latter light they had considered it. Supposing a tenant had made an arrangement with his landlord under which he received £50 a year as the equivalent for the damage caused by game. There was no express written agreement, but he received £50 a year for ten years and then when he received notice for bad farming or gave notice he might claim compensation which would include the sum he had received.
said the right hon. Gentleman had put with great clearness a case which exactly illustrated the necessity for this Amendment—a case in which there was a contract or an arrangement to compensate for the damage done by game and where the damage was estimated at a definite amount first of all, although it was neither arranged nor in the contract, nor made before the tenancy was arrived at. That was precisely the arrangement which might be valid under this Amendment. It must not be assumed that the Amendment did nothing. It certainly did exactly what was put by the right hon. and gallant Gentleman. Not only might the arbitrator take it into account, he must take it into account. The Amendment dealt with two cases. It dealt with one which he imagined was somewhat rare, the case of an agreement in the contract to allow a definite amount for any damage done by game. Then it dealt with an alternative case which was precisely that put by the right hon. and gallant Gentleman, where before the contract was arrived at terms had been discussed and the landlord and tenant had in some way combined to deal with the question. When it was proved to the arbitrator that the matter had been treated in a definite way he was bound to take it into account. But where there was no definite amount, where it was an ordinary case of each party taking into account all the conditions, the case would not come under the Amendment.
suggested that possibly the desire of hon.
AYES.
| ||
| Abraham, William (Rhondda) | Cowan, W. H. | Hemmerde, Edward George |
| Acland, Francis Dyke | Cox, Harold | Henderson, Arthur (Durham) |
| Alden, Percy | Craig, Herbert J. (Tynemouth) | Henderson, J. M.(Aberdeen, W.) |
| Allen, A. Acland (Christchurch) | Cremer, William Randal | Henry, Charles S |
| Allen, Charles P. (Stroud) | Crombie, John William | Herbert, Col. Ivor (Mon., S.) |
| Ambrose, Robert | Crooks, William | Higham. John Sharp |
| Armstrong, W. C. Heaton | Crosfield, A. H. | Hobart, Sir Robert |
| Asquith, Rt. Hn. Herbert Henry | Cross, Alexander | Hobhouse, Charles E. H. |
| Astbury, John Meir | Crossley, William J. | Hodge, John |
| Atherley-Jones, L. | Davies, Ellis William (Eifion) | Hogan, Michael |
| Baker, Joseph A.(Finsbury, E.) | Davies, M Vaughan-(Cardigan) | Holden, K. Hopkinson |
| Baring, Godfrey (Isle of Wight) | Davies, Timothy (Fulham) | Hooper. A. G. |
| Barker, John | Delany, William | Horniman, Emslie John |
| Barlow, John Emmott (Somerset) | Dewar, Arthur (Edinburgh, S.) | Howard, Hon. Geoffrey |
| Barnard, E. B. | Dickson-Poynder, Sir John P. | Hudson, Walter |
| Barnes, C. N. | Dilke, Rt. Hon. Sir Charles | Illingworth, Percy H. |
| Barran, Rowland Hirst | Dolan, Charles Joseph | Jackson, R. S. |
| Barry, E. (Cork, S.) | Donelan, Captain A. | Jenkins, J. |
| Beale, W. P. | Duckworth, James | Johnson, John (Gateshead) |
| Beauchamp, E. | Duncan, C. (Barrow-in-Furness) | Johnson. W. (Nuneaton |
| Beaumont, Hn W. C. B. (Hexha'm | Duncan, J. H. (York, Otley) | Jones, Leif (Appleby) |
| Bell, Richard | Dunn, A. Edward (Camborne) | Jones, William(Carnarvonshire |
| Bellairs, Carlyon | Dunne, Major E. Martin (Walsall) | Jowett, F. W. |
| Bennett, E. N. | Edwards, Frank (Radnor) | Joyce, Michael |
| Berridge, T. H. D. | Elibank, Master of | Kearley, Hudson E. |
| Bethell, J. H. (Essex, Romford) | Ellis, Rt. Hon John Edward | Kekewich, Sir George |
| Bethell, T. R. (Essex, Maldon) | Esmonde, Sir Thomas | Kennedy, Vincent Paul |
| Billson, Alfred | Evans, Samuel T. | King, Alfred John (Knutsford) |
| Birrell, Rt. Hon. Augustine | Eve, Harry Trelawney | Kitson, Rt. Hon. Sir James |
| Boland, John | Fenwick, Charles | Laidlaw, Robert |
| Bolton, T. D. (Derbyshire, N.E. | Ferens, T. R. | Lamb, Edmund G.(Leominster |
| Brace, William | Ffrench, Peter | Lamb, Ernest H. (Rochester) |
| Branch, James | Flavin, Michael Joseph | Lambert, George |
| Brigg, John | Flynn, James Christopher | Lamont, Norman |
| Bright, J. A. | Fuller, John Michael F. | Law, Hugh A. (Donegal, W.) |
| Brodie, H. C. | Fullerton, Hugh | Layland-Barratt, Francis |
| Brooke, Stopford | Furness, Sir Christopher | Leese, Sir Joseph F. (Accrington) |
| Brunner, Rt. Hn. Sir J. T. (Chesh.) | Gibb, James (Harrow) | Lehmann, R. C. |
| Bryce, Rt. Hn. James (Aberdeen | Gilhooly, James | Lever, W. H.(Cheshire, Wirral) |
| Bryce, J. A. (Inverness Burghs) | Gill, A. H | Levy, Maurice |
| Buchanan, Thomas Ryburn | Ginnell, L. | Lloyd-George. Rt. Hon. David |
| Buxton, Rt. Hn. Sydney Chas | Gladstone, Rt. Hn Herbert John | Lough, Thomas |
| Hyles, William Pollard | Glendinninig, R. G. | Lundon, W. |
| Cairns, Thomas | Gooch, George Peabody | Lupton, Arnold |
| Cameron, Robert | Greenwood, G (Peterborough | Lyell, Charles Henry |
| Campbell- Bannerman, Sir H. | Greenwood. Hamar (York) | Lynch, H. B. |
| Carr-Gomm. H. W. | Gulland, John M. | Mackarness, Frederic C. |
| Causton, Rt. Hn. Richard Knigh | Haldane, Rt Hon. Richard B. | Macnamara, Dr. Thomas J. |
| Cheetham, John Frederick | Hammond, John | Macpherson, J. T. |
| Churchill, Winston Spencer | Hardie, J. Keir (Merthyr Tydvil) | MacVeagh, Jeremiah (Down, S.) |
| Clarke, C. Goddard | Harmsworth, Cecil B. (Worc'r) | MacVeigh, Charles (Donegal, E.) |
| Cleland, J. W. | Hart-Davies, T. | M'Crae, George |
| Clough, William | Harwood, George | M'Killop, W. |
| Clynes, J. R. | Haslam, James (Derbyshire) | Maddison, Frederick |
| Cobbold, Felix Thornley | Haworth, Arthur A | Mallet, Charles E. |
| Corbett, CH. (Sussex, E. Grinst'd) | Hazel, Dr. A. E. | Mansfield, H. Rendall (Lincoln |
| Cotton, Sir H. J. S. | Hedges, A. Paget | Marks, G. Croydon (Launceston) |
Members opposite would be met by taking out the words proposed to be omitted and inserting the word "definite" in front of the previous word.
Question put.
The House divided:—Aves, 305; Noes, 101. (Division List No. 386.)
| Marnham, F. J. | Price, C. E.(Edinb'gh, Central) | Taylor, Theodore C. (Radcliffe) |
| Massie, J. | Price, Robert John (Norfolk, E.) | Thomas, Abel(Carmarthen, E.) |
| Masterman, C. F. G. | Radford, G. H. | Thomas, Sir A.(Glamorgan, E.) |
| Meagher, Michael | Rainy, A. Rolland | Thomasson, Franklin |
| Meehan, Patrick A. | Raphael, Herbert H. | Thorne, William |
| Menzies, Walter | Rea, Walter Russell (Scarboro) | Tomkinson, James |
| Micklem, Nathaniel | Redmond, John E. (Waterford) | Torrance, Sir A. M. |
| Molteno, Percy Alport | Redmond, William (Clare) | Trevelyan, Charles Philips |
| Mond, A. | Rees, J. D. | Ure, Alexander |
| Money, L. G. Chiozza | Richards, T. F. (Wolvorh'mptor.) | Verney, F. W. |
| Montagu, E. S. | Rickett, J. Compton | Vivian, Henry |
| Mooney, J. J. | Roberts, G. H. (Norwich) | Walker, H. De R. (Leicester) |
| Morgan, G. Hay (Cornwall) | Roberts, John H. (Denbighs.) | Walsh, Stephen |
| Morgan, J. Lloyd (Carmarthen) | Robertson, Rt. Hn. E. (Dundee) | Walton, Sir John L.(Leeds, S.) |
| Morrell, Philip | Robertson, J. M. (Tyneside) | Walton, Joseph( Barnsley) |
| Morse, L. L. | Robson, Sir William Snowdon | Ward, John (Stoke upon Trent) |
| Morton, Alpheus Cleophas | Rogers, F. E. Newman | Ward, W. Dudley(Southampton |
| Murphy, John | Rose, Charles Day | Wardle, George J. |
| Murray, James | Rowlands, J. | Wason, Eugene(Clackmannan) |
| Myer, Horatio | Runciman, Walter | Wason, John Cathcart (Orkney) |
| Nicholls, George | Samuel, Herbert L.(Cleveland) | Waterlow, D. S. |
| Nicholson, Charles N (Doncast'r) | Samuel, S. M. (Whitechapel) | Watt, H. Anderson |
| Nolan, Joseph | Scott, A. H. (Ashton under Lyne) | Wedgwood, Josiah C. |
| Norman, Henry | Sears, J. E. | White, J. D. (Dumbartonshire) |
| Norton, Capt. Cecil William | Seaverns, J. H. | White, Patrick (Meath, North) |
| Nuttall, Harry | Shackleton, David James | Whitehead, Rowland |
| O'Brien, Kendal (Tipperary Mid) | Shaw, Charles Edw. (Stafford) | Whitley, J. H. (Halifax) |
| O'Brien, Patrick (Kilkenny) | Shaw, Rt. Hon. T. (Hawick B.) | Whittaker, Sir Thomas Palmer |
| O'Connor, James (Wicklow, W.) | Shipman, Dr. John G. | Wiles, Thomas |
| O'Connor, John ( Kildare, N.) | Silcock, Thomas Ball | Williams, J. (Glamorgan) |
| O'Connor, T. P. (Liverpool) | Sinclair, Rt. Hon. John | Williams, Llewelyn (Carmarth'n |
| O'Donnell, C. J. (Walworth) | Smeaton, Donald Mackenzie | Williams, Osmond (Merioneth) |
| O'Dowd, John | Smyth, Thomas F. (Leitrim, S.) | Williamson, A. |
| O'Kelly, James (Roscommon, N) | Snowden, P. | Wilson, Hon. C. H.W.(Hull, W.) |
| O'Mara, James | Soares, Ernest J. | Wilson, Henry J.(York, W. R.) |
| O'Shaughnessy. P. J. | Spicer, Sir Albert | Wilson, John (Durham, Mid) |
| O'Shee, James John | Stanger, H. Y. | Wilson, P. W. (St. Pancras, S.) |
| Parker, James (Halifax) | Steadman, W. C. | Wilson, W. T. (Westhoughton) |
| Paul, Herbert | Stewart, Halley (Greenock) | Winfrey, R. |
| Pearce, Robert (Staffs, Leek) | Strachey, Sir Edward | Wood, T. M'Kinnon |
| Pearce, William (Limehouse) | Straus, B. S. (Mile End) | Young, Samuel |
| Pearson, W. H. M. (Suffolk, Eye) | Stuart, James (Sunderland) | Yoxall, James Henry |
| Philipps, Col. Ivor (S'thampton) | Sullivan, Donal | |
| Philipps, Owen C. (Pembroke) | Summerbell, T. | TELLERS FOR THE AYES.—Mr. |
| Pickersgill, Edward Hare | Sutherland, J. E. | Whiteley and Mr. J. A. |
| Pirie, Duncan V. | Taylor, Austin (East Toxteth) | Pease. |
NOES.
| ||
| Acland-Hood, Rt. Hn Sir Alex. F. | Cecil, Lord John P. Joicey- | Hamilton, Marquess of |
| Agnew, George William | Cecil, Lord R. (Marylebone, E.) | Hardy, Laurence (Kent, Ashford |
| Aubrey-Fletcher, Rt. Hon. Sir H | Coates, E. Feetham (Lewisham) | Harrison-Broadley, Col. H. B. |
| Balcarres, Lord | Cochrane, Hon. Thos. H. A. E. | Herbert, T. Arnold (Wycombe) |
| Balfour, Rt Hn A. J. (City Lond.) | Corbett, T. L. (Down, North) | Hervey, F.W.F.(BuryS. Edm'ds |
| Banbury, Sir Frederick George | Craig, Captain James (Down, E.) | Kennaway, Rt. Hon. Sir John H. |
| Baring, Hon. Guy (Winchester | Craik, Sir Henry | Kenyon-Slaney, Rt. Hon. Col. W |
| Barlow, Percy (Bedford) | Dalmeny, Lord | Kimber, Sir Honry |
| Barrie, H. T. (Londonderry, N.) | Dixon-Hartland, Sir Fred Dixon | Lambton, Hon. Frederick Wm. |
| Beach, Hn. Michael Hugh Hicks | Doughty, Sir George | Lane-Fox, G. R. |
| Beck, A. Cecil | Duncan, Robert (Lanark, Govan | Liddell, Henry |
| Beckett, Hon. Gorvase | Erskine, David C. | Long, Col. Charles W. (Evesham) |
| Bertram, Julius | Fardell, Sir T. George | Lonsdale, John Brownlee |
| Bignold, Sir Arthur | Fell, Arthur | Lowe, Sir Francis William |
| Bowles, G. Stewart | Ferguson, R. C. Munro | Lyttelton, Rt. Hon. Alfred |
| Bridgeman, W. Clive | Fiennes, Hon. Eustace | Moysey-Thompson, E. C. |
| Bull, Sir William James | Finch, Rt. Hon. George H. | Mildmay, Francis Bingham |
| Burdett-Coutts, W. | Forster, Henry William | Muntz, Sir Philip A. |
| Burnyeat, W. J. D. | Gardner, Col. Alan (Hereford, S.) | Napier, T. B. |
| Butcher, Samuel Henry | Gardner, Ernest (Berks, East) | Nicholson, Wm. G. (Petersfield) |
| Carlile, E. Hildred | Gibbs, G. A. (Bristol, West) | Nield, Herbert |
| Castlereagh, Viscount | Grant, Corrie | Nussey, Thomas Willans |
| Cecil, Evelyn (Aston Manor) | Gurdon, Sir W. Brampton | Partington, Oswald |
| Paulton, James Mellor | Salter, Arthur Clavell | Valentia, Viscount |
| Pease, Herbert Pike (Darlington | Scott, Sir S. (Marylebone, W.) | Vincent, Col. Sir C. E. Howard |
| Percy, Earl | Smith, Abel H. (Hertford, East) | Warde, Col. C. E. (Kent, Mid) |
| Randles, Sir John Scurrah | Smith, F. E. (Liverpool, Walton) | Whitbread, Howard |
| Ratcliff, Major R. F. | Starkey, John R. | White, Luke (York, E. R.) |
| Rawlinson, John Frederick Peel | Stone, Sir Benjamin | Wodehouse, Lord (Norfolk, Mid) |
| Remnant, James Farquharson | Talbot, Lord E. (Chichester) | Wortley, Rt. Hon. C. B. Stuart- |
| Renton, Major Leslie | Talbot, Rt. Hn J. G. (Oxf'd Univ. | Wyndham, Rt. Hon. George |
| Ridsdale, E. A. | Tennant, Sir Edward (Salisbury | |
| Roberts, S.(Sheffield, Ecclesall) | Thomson, W. Mitchell- (Lanark) | TELLERS FOR THE NOES—Mr. |
| Ropner, Colonel Sir Robert | Thornton, Percy M. | Everett and Colonel Lock- |
| Rutherford, John (Lancashire) | Turnour, Viscount | wood. |
Original question again proposed.
moved an Amendment to the proposed Amendment to insert after "made" in line 4, the words "or where payments or allowances have been made by the landlord in respect of such damage." The case he wished to provide for was that in which, after the contract had been made, the landlord voluntarily gave compensation year by year to a tenant for damage by game. The matter was not raised at the time the contract was entered into, but because the landlord recognised that damage had been done, or was being done, by game he voluntarily made a rebate every year. When compensation was claimed by an outgoing tenant in such a case, as it might be, it would be hard upon the landlord if the arbitrator was not allowed to take it into consideration.
seconded.
Amendment proposed to the proposed Amendment—
"In line 4, after the word 'made' to insert the words 'or where payments or allowances have been made by the landlord in respect of such damage.'"—(Colonel Kenyon-Slaney.)
Question proposed, "That those words be there inserted in the proposed Amendment to the Bill."
said it was entirely unnecessary to introduce the words proposed. Any intelligent arbitrator would of course take into account any payments which the landlord had made in respect of damage by game.
said that no doubt under ordinary circumstances the construction of the hon. and learned Gentle- man was perfectly reasonable, but here it was expressly defined what the arbitrator had to take into account in dealing with the question. In a case where there was a long lease and the rent was originally fixed at a high sum, rebate might be made year by year, sometimes for damage by game and sometimes owing to bad times, and the arbitrator ought to have to find out the proportions. The Amendment of his right hon. friend could do no harm to the Amendment of the Solicitor-General.
said all that the clause dealt with was compensation for damage by game, and any payment in respect thereof would undoubtedly be taken into account. If it were shown as to part of the damage that it had been treated as an equivalent claim compensation did not arise.
thought there was some doubt about the matter. He perfectly agreed with both the Solicitor-General for England and the Solicitor-General for Scotland that in any ordinary case a competent arbitrator would be bound to deduct any payments that had been made. But the crucial point was that special provision was made that this thing and that thing were to be taken into account, and it seemed more than doubtful whether it would not be held afterwards that in specific cases the arbitrator might make these deductions, but not in others.
contended that it could not be said that they had expressed something which would imply the exclusion of other things.
asked how simple laymen could understand what the Government meant by this clause when two learned Members on one side said one thing and two learned Members on the other said something else. It surely ought to be possible for the Solicitor-General to set out this clause in such a manner that both landlord and tenant might be able to understand it, and so that justice might be done to both parties without having to call in gentlemen to indulge in whom was the most expensive form of luxury.
suggested that the Government should redraft
AYES.
| ||
| Acland-Hood, Rt Hn Sir Alex. F. | Duncan, Robert(Lanark, Govan) | Randles, Sir John Scurrah |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Fardell, Sir T. George | Ratcliff, Major R. F. |
| Balcarres, Lord | Fell, Arthur | Rawlinson, John Frederick Peel |
| Balfour, Rt Hn A J.(City Loud.) | Finch, Rt. Hon. George H. | Remnant, James Farquharson |
| Banbury. Sir Frederick George | Forster, Henry William | Roberts, S.(Sheffield, Ecclesall) |
| Baring, Hon. Guy(Winchester) | Gardner, Ernest (Berks, East) | Ropner, Colonel Sir Robert |
| Barrie, H. T. (Londonderry, N. | Gibbs, G. A. (Bristol, West) | Rutherford, John (Lancashire) |
| Beach, Hn. Michael Hugh Hicks | Hamilton, Marquess of | Salter, Arthur Clavell |
| Beckett, Hon. Gervase | Hardy, Laurence (Kent, Ashford | Scott, Sir S. (Marylebone, W.) |
| Bignold, Sir Arthur | Harrison-Broadley, Col. H. B. | Smith, F.E.(Liverpool, Walton) |
| Bowles, G. Stewart | Hay, Hon. Claude George | Starkey, John R. |
| Bridgeman, W. Clive | Hervey, F. W. F (BuryS. Edm'ds) | Stone, Sir Benjamin |
| Bull, Sir William James | Kennaway, Rt. Hon. Sir John H. | Talbot, Rt. Hn. J.G(Oxf'd Univ. |
| Burdett-Coutts, W. | Kimber, Sir Henry | Tennant, Sir Edward (Salisbury |
| Butcher, Samuel Henry | Lambton, Hon. Frederick Wm. | Thomson, W. Mitchell-(Lanark) |
| Carlile, E. Hildred | Lane-Fox, G. R. | Thornton, Percy M. |
| Castlereagh, Viscount | Law, Andrew Bonar (Dulwich) | Tumour, Viscount |
| Cave, George | Liddell, Henry | Valentia, Viscount |
| Cecil, Evelyn(Aston Manor) | Lockwood, Rt. Hn Lt.-C'ol. A. R. | Vincent, Col. Sir C. E. Howard |
| Cecil, Lord John P. Joicey | Long, Col, Charles W.(Evesham) | Warde, Col. C. E. (Kent, Mid) |
| Cecil, Lord R. (Marylebone, E.) | Lonsdale, John Brownlee | Wilson, A. Stanley (York, E. R.) |
| Coates, E. Feetham (Lewisham | Lowe. Sir Francis William | Wortley, Rt. Hon. C. B. Stuart- |
| Cochrane, Hon. Thos. H. A. E. | Lyttelton, Rt. Hon. Alfred | Wyndham, Rt. Hon. George |
| Corbett,T. L. (Down, North) | Meysey-Thompson, E. C. | |
| Craig, Captain James(Down, E. | Mildmay, Francis Bingham | TELLERS FOE THE AYES— |
| Craik, Sir Henry | Muntz, Sir Philip A. | Colonel Kenyon-Slaney and |
| Davies, David (Montgomery Co. | Nicholson, Win. G. (Petersfield) | Mr. Abel Smith. |
| Dixon-Hartland, Sir Fred Dixon | Pease, Herbert Pike(Darlington | |
| Doughty, Sir George | Percy, Earl | |
NOES.
| ||
| Abraham, William(Cork, N. E.) | Barnes, G. N. | Boulton, A. C. F. (Ramsey) |
| Abraham William (Rhondda) | Barran, Rowland Hirst | Brace, William |
| Acland, Francis Dyke | Barry, E. (Cork, S.) | Branch, James |
| Agnew, George William | Beale, W. P. | Brigg, John |
| Alden, Percy | Beauchamp, E. | Bright, J. A. |
| Allen, A. Acland (Christchurch) | Beaumont, Hn W. C. B (Hexham) | Brodie, H. C. |
| Allen, Charles P. (Stroud) | Beck, A. Cecil | Brooke, Stopford |
| Ambrose, Robert | Bell, Richard | Brunner, Rt Hn Sir J T.(Cheshire |
| Armstrong, W.C. Heaton | Bellairs, Carlyon | Bryce, Rt. Hn. James (Aberdeen) |
| Asquith, Rt. Hn. Herbert Henry | Benn, Sir J Williams(Devonp'rt) | Bryce, J.A.(Inverness Burghs) |
| Astbury, John Meir | Bennett, E. N. | Buchanan, Thomas Ryburn |
| Atherley-Jones, L. | Berridge, T. H. D. | Burnyeat, W. J. D. |
| Baker, Joseph A.(Finsbury, E.) | Bertram, Julius | Buxton, Rt. Hn Sydney Charles |
| Baring, Godfrey(Isle of Wight) | Bethell, J. H. (Essex. Romford) | Byles, William Pollard |
| Barker, John | Bethell, T. R. (Essex, Maldon) | Cairns, Thomas |
| Barlow, John Emmott (Somerset | Billson, Alfred | Cameron, Robert |
| Barlow, Percy (Bedford) | Birrell, Rt. Hon. Augustine | Campbell-Bannerman. Sir H. |
| Barnard, E. B. | Boland, John | Carr-Gomm, H. W. |
the main Amendment. If hon. and learned Members could not understand it the average tenant farmer would not be able to do so. This was only another instance of the trouble the Government had got themselves into by their ill-considered Amendments to a Bill introduced by other people.
Question put.
The House divided:—Ayes, 81; Noes 332. (Division List No. 387.)
| Causton, Rt. Hn Richard Knight | Haslam, James (Derbyshire) | Montgomery. H. G. |
| Cawley, Frederick | Haworth, Arthur A. | Mooney, J. J. |
| Cheetham, John Frederick | Hazel. Dr. A. E. | Morgan, G. Hay (Cornwall) |
| Churchill, Winston Spencer | Hedges, A. Paget | Morgan, J. Lloyd(Carmarthen) |
| Clarke, C. Goddard | Hemmerde, Edward George | Morrell, Philip |
| Cleland, J. W. | Henderson, Arthur(Durham) | Morse, L. L. |
| Clough, William | Henderson. J M(Aberdeen, W.) | Morton, Alpheus Cleophas |
| Clynes. J. R. | Henry. Charles S. | Murphy, John |
| Cobbold, Felix Thornley | Herbert, Colonel Ivor (Mon., S.) | Murray. James |
| Collins, Sir Wm. J.(S. Pancras, W. | Herbert, T. Arnold(Wycombe) | Myer. Horatio |
| Corbett, CH(Sussex, E. Grinst'd | Higham, John Sharp | Napier, T. B. |
| Cotton, Sir H. J. S. | Hobart, Sir Robert | Nicholls. George |
| Cowan, W. H. | Hobhouse, Charles E. H. | Nicholson, Charles N.(Doncast'r) |
| Cox, Harold | Hodge, John | Nolan, Joseph |
| Craig, Herbert J.(Tynemouth) | Hogan, Michael | Norman, Henry |
| Cremer, William Randal | Holden, E. Hopkinson | Norton, Capt. Cecil William |
| Crombie, John William | Hooper, A. G. | Nussey, Thomas Willans |
| Crosfield, A. H. | Horniman, Emslie John | Nuttall, Harry |
| Cross, Alexander | Howard, Hon. Geoffrey | O'Brien. Kendal(Tipperary Mid |
| Crossley, William J. | Hudson, Walter | O'Brien, Patrick (Kilkenny) |
| Dalmeny, Lord | Illingworth, Percy H. | O'Connor, James(Wicklow, W.) |
| Dalziel, James Henry | Jackson, R. S. | O'Connor, John (Kildare, N.) |
| Davies, Ellis William(Eifion) | Jenkins, J. | O'Connor, T. P. (Liverpool) |
| Davies, M. Vaugban-(Cardigan) | Johnson, John (Gateshead) | O'Donnell. C. J. (Walworth) |
| Davies, Timothy (Fulham) | Johnson, W. (Nuneaton) | O'Dowd, John |
| Delany, William | Jones, William (Carnarvonshire | O'Kelly. James(Roscommon, N' |
| Dewar, Arthur(Edinburgh, S.) | Jowett, F. W. | O'Malley. William |
| Dickson-Poynder, Sir John P. | Joyce, Michael | O'Mara, James |
| Dilke, Rt. Hon. Sir Charles | Kearley, Hudson E. | O'Shaughnessy, P. J. |
| Dolan, Charles Joseph | Kekewich, Sir George | O'Shee, James John |
| Donelan, Captain A. | Kennedy, Vincent Paul | Parker, James(Halifax) |
| Duckworth, James | King, Alfred John (Knutsford) | Partington. Oswald |
| Duncan, C.(Barrow-in-Furness | Kitson, Rt. Hon. Sir James | Paul, Herbert |
| Duncan, J. H. (York, Otley) | Laidlaw, Robert | Pearce, Robert (Staffs, Leek) |
| Dunn, A. Edward (Camborne) | Lamb, Edmund G.(Leominster) | Pearce, William (Limehouse) |
| Dunne, Major E. Martin(Walsall) | Lamb, Ernest H. (Rochester) | Philipps, Col. Ivor (S'thampton) |
| Edwards, Frank (Radnor) | Lambert, George | Philipps, Owen C. (Pembroke) |
| Elibank, Master of | Lamont, Norman | Pickersgill, Edward Hare |
| Ellis, Rt. Hon. John Edward | Law, Hugh A. (Donegal, W.) | Pirie, Duncan V. |
| Erskine, David C. | Layland-Barratt, Francis | Price, C. E. (Edinb'gh, Central) |
| Esmonde, Sir Thomas | Leese, Sir Joseph F.(Accrington) | Radford. G. H. |
| Evans, Samuel T. | Lehmann, R. C. | Rainy, A. Rolland |
| Eve, Harry Trelawney | Lever, A. Levy (Essex, Harwich | Raphael. Herbert H. |
| Everett, R. Lacey | Lever, W. H.(Cheshire, Wirral) | Rea, Russell (Gloucester) |
| Fenwick, Charles | Levy, Maurice | Rea, Walter Russell (Scarboro') |
| Ferens, T. R. | Lloyd-George, Rt. Hon. David | Redmond. John E. (Waterford) |
| Ferguson, R. C. Munro | Lough, Thomas | Redmond, William (Clare) |
| Ffrench, Peter | Lundon, W. | Rees, J. D. |
| Fiennes, Hon. Eustace | Lupton, Arnold | Renton, Major Leslie |
| Flavin, Michael Joseph | Lyell, Charles Henry | Richards, T. F.(Wolverhampt'n) |
| Flynn, James Christopher | Lynch, H. B. | Rickett, J. Compton |
| Fuller, John Michael F. | Macdonald, J.M.(Falkirk B'ghs) | Ridsdale, K. A. |
| Fullerton, Hugh | Mackarness. Frederic C. | Roberts, G. H. (Norwich) |
| Furness, Sir Christopher | Macnamara, Dr. Thomas J. | Roberts. John H. (Denbighs.) |
| Gardner, Col. Alan(Hereford, S.) | Macpherson, J. T. | Robertson, Rt. Hn. E. (Dundee) |
| Gibb, James (Harrow) | MacVeagh, Jeremiah(Down, S.) | Robertson, J. M. (Tyneside) |
| Gill, A. H. | MacVeigh, Charles(Donegal, E.) | Robson, Sir William Snowdon |
| Ginnell, L. | M'Crae, George | Rogers. F. E. Newman |
| Gladstone, Rt. Hn Herbert John | M'Killop, W. | Rose. Charles Day |
| Glendinning, R. G. | Maddison, Frederick | Rowlands, J. |
| Gooch, George Peabody | Mallet, Charles E. | Runciman, Walter |
| Grant, Corrie | Mansfield. H. Rendall (Lincoln) | Samuel, Herbert L.(Cleveland |
| Greenwood, G. (Peterborough) | Marks, G. Croydon (Launceston) | Samuel, S. M. (Whitechapel) |
| Greenwood, Hamar (York) | Marnham, F.J. | Scott, A. H.(Ashton under Lyne) |
| Grey, Rt. Hon. Sir Edward | Massie, J. | Sears, J. E. |
| Gulland, John W. | Masterman, C. F. G. | Seaverns, J. H. |
| Gurdon, Sir W. Brampton | Meagher, Michael | Seely, Major J. B. |
| Haldane, Rt. Hon. Richard B. | Meehan, Patrick A. | Shackleton. David James |
| Hammond, John | Menzies, Walter | Shaw, Charles Edw. (Stafford) |
| Hardie, J. Keir (Merthyr Tydvil) | Micklem, Nathaniel | Shaw, Rt. Hon. T. (Hawick B.) |
| Harmsworth, Cecil B. (Wore'r) | Molteno, Percy Alport | Shipman. Dr. John G. |
| Hart-Davies, T. | Mond, A. | Silcock, Thomas Ball |
| Harwood, George | Montagu, E. S. | Sinclair, Rt. Hon. John |
| Smeaton, Donald Mackenzie | Torrance, Sir A. M. | Whitehead, Rowland |
| Smyth, Thomas F. (Leitrim, S.) | Trevelyan, Charles Philips | Whitley, J. H. (Halifax) |
| Snowden, P. | Ure, Alexander | Whittaker, Sir Thomas Palmer |
| Scares, Ernest J. | Verney, F. W. | Wiles, Thomas |
| Spicer, Sir Albert | Vivian, Henry | Williams, J. (Glamorgan) |
| Stanger, H. Y. | Walker, H. De R. (Leicester) | Williams, Llewelyn (Carmarth'n) |
| Steadman, W. C. | Walsh, Stephen | Williams, Osmond (Merioneth) |
| Stewart, Halley (Greenock) | Walton, Sir John L. (Leeds, S.) | Wilson, Hon. C. H. W. (Hull, W.) |
| Strachey. Sir Edward | Walton, Joseph (Barnsley) | Wilson, Henry J. (York. W. R.) |
| Straus, B. S. (Mile End) | Ward, John (Stoke upon Trent) | Wilson, John (Durham, Mill) |
| Stuart, James (Sunderland) | Ward, W. Dudley (Southampton | Wilson, P. W. (St. Pancras, S.) |
| Sullivan, Donal | Wardle, George J. | Wilson, W. T. (Westhoughton) |
| Summerbell, T. | Wason, Engene (Clackmannan) | Winfrey, R. |
| Sutherland, J. E. | Wason, John Cathcart (Orkney) | Wodehouse, Lord (Norfolk, Mid |
| Taylor, Austin (East Toxteth) | Waterlow, D. S. | Wood, T. M'Kinnon |
| Taylor, Theodore C. (Radcliffe) | Watt, H. Anderson | Young, Samuel |
| Thomas, Abel (Carmarthen, E.) | Wedgwood, Josiah C. | Yoxall, James Henry |
| Thomas, Sir A. (Glamorgan, E.) | Whitbread, Howard | |
| Thomasson, Franklin | White, J. D. (Dumbartonshire) | TELLERS FOR THE NOES—Mr. |
| Thompson, J. W. H. (Somerset, E | White, Luke (York, E. R.) | Whiteley and Mr. J. A. |
| Tomkinson, James | White, Patrick (Meath, North) | Pease. |
Proposed words there inserted in the Bill.
expressed his regret that he was prevented by accident from moving his previous Amendment. He hoped there would be an opportunity of putting the matter right in another place. The intention of the Amendment he desired to move now was to express and make perfectly definite the intention of the framers of this section in order to make it work smoothly and fairly. There was a danger that the tenant might grow his crops with a view to obtaining compensation, and he might neglect to get them in with proper care. It was essential that reasonable precautions should be taken to mitigate damage. The Amendment he now proposed was in the following terms—
The last words of the Amendment were intended to safeguard the tenant against having to incur extra expense in order to prevent damage by game. It was not suggested that the arbitrator should be able to say to the tenant that a certain amount of damage could have been prevented if he had armed a sufficient number of boys with guns or pistols to shoot the game. The arbitrator was only to take into consideration what the tenant could be expected to do without increasing his staff. Above all, he was to have regard to the fact that game frequently came from the ground belonging to another landlord. The landlord would go to his neighbour and say that he must keep the game from coming or give the tenant compensation. It had been pointed out that that would not give complete protection in pheasant counties, but it would enable them to come to some reasonable arrangement without friction. What he wanted was that the arbitrator should be able to take into account reasonable conduct all round."Provided also that the arbitrator shall take into consideration the question whether the crop was a proper mode of cultivation and that no compensation shall be included for damage which the arbitrator shall deem to be due to the neglect or refusal of the tenant to take such precautions to mitigate or prevent the damage as he could reasonably have taken without himself incurring any special expense for the purpose, and having regard to any permission or facilities given or offered by the landlord."
seconded the Amendment, remarking that it was an extremely fair one, and that probably, as it was moved by one of their own supporters, the Government might see fit to insert it. A tenant might, with the view of obtaining compensation for damage, abstain from taking certain precautions which he might fairly have boon expected to take. He might do so by leaving crops exposed to wind and wet, or he might, departing from the ordinary custom of the country as to the cropping, grow wheat in a field contiguous to a place whore it was known that game existed, a thing which he might have no right to do under his lease. It should be proved that the tenant had not neglected to take reasonable precautions against damage by game, provided that such precautions could be taken without expense to himself. He thought they were all agreed that that would be perfectly fair. A landlord, for instance, might say to a tenant, "Your crops are open to the attacks of game from my cover. I will send down so many hundred yards of wire or netting, and I will send my men to do the fencing"—and that case was happening every other day— but if the tenant said he did not want the men that day, and left the wire or the netting lying about the hedgerows until it was practically useless, he would have neglected precautions to protect himself against damage by game which the landlord was ready to afford. Other precautions which the landlord was willing to give might be neglected by the tenant, and the landlord might be put in a very unfair position.
Amendment proposed—
"In page 2, line 20, after the word 'made,' to insert the words ' Provided also that the arbitrator shall take into consideration the question whether the crop was a proper mode of cultivation and that no compensation shall be included for damage which the arbitrator shall deem to be due to the neglect or refusal of the tenant to lake such precautions to mitigate or prevent the damage as he could reasonably have taken without himself incurring any special expense for the purpose, and having regard to any permission or facilities given or offered by the landlord.' "(Mr. Beale.)
Question proposed, "That those words be there inserted in the Bill."
said the Amendment was very vague. The argument in favour of it had been temperately and moderately stated, and it was one which might appeal to the reason of anyone, but when they came to look into the proposal they found that it was certainly one which would turn a simple controversy or inquiry between landlord and tenant into a very serious and substantial litigation. The inquiry which this Amendment would involve might possibly necessitate the employment of solicitors and counsel at the arbitrations and the payment of substantial fees. The question whether a tenant had followed the proper and ordinary mode of cultivation in the country was a difficult matter to decide, and it could only be decided after elaborate inquiry. The Government could not accept the Amendment. It should not be imagined that the landlord was entirely without protection. There was a very excellent principle of English law that no man should profit by his own wrong, and that principle was imported into every Act of Parliament. Therefore, if a tenant left his crop to the inclement influences of wind and wet, and if, watching it day by day, he, instead of delighting in its progress and hailing the sunshine, looked to the period when he would have a valuable claim, he would find himself disappointed. He would not be entitled to gain advantage from his own wrong. The Amendment would open up a very doubtful field of investigation, and it might be an extremely serious matter if the words received a very strict and unfriendly construction. The Government, on the whole, were content to rest upon the principle that a man should not profit by his own wrong. The arbitrator could not allow a tenant to take advantage of his own wrong, and they must leave him to deal generally with these matters, which would undoubtedly affect in his mind the amount of compensation.
said there wore cases in which a farmer might lure game on to his farm, and it seemed to him that in such cases the arbitrator would have no such discretion as that to which the Solicitor-General had referred. There would be the tenancy, the game, and the damage. The game had caused the damage, and it would not be open to the arbitrator to take into consideration any of the causes due to the neglect of the tenant. The general rule of the law that a tenant or anybody else must not be allowed to take advantage of his own wrong was one which in this case would not apply. It was not a wrongful act for a tenant to crop in any way he thought proper if the terms of his agreement permitted his doing so, nor would the arbitrator be able to take into consideration any such suggestion as to the tenant not having taken the precautions necessary to drive away the game.
said the Amendment was all the more necessary on account of the fact that the tenant was under no obligation to give notice of damage to the croptill three weeks before it was reaped. He would like to ask the Solicitor-General if a man came to him on the 1st of August and said that his crop had been damaged by game in the spring, how would he satisfy himself as to the truth of his statement? And how would he satisfy himself that the man's fields had boon cultivated according to good methods of husbandry? It was, therefore, all the more necessary to accept the Amendment. He understood that this Bill was intended to defend the good tenant from the bad landlord, and the good landlord from the bad tenant, but here was a distinct refusal on the part of the hon. and learned Gentleman to protect the good landlord from the bad tenant.
said the gist of the Solicitor-General's argument seemed to be that injustice might possibly follow an act done by a tenant, but that as it was difficult to devise a proper form of words to remedy that injustice, they should leave that injustice alone. He thought that that was rather hard lines, and that the Government should really try to select a proper form of words. He did not want to press the idea that there would be either malignant or fraudulent tenants; but still there would be considerable temptation to some men to try to take advantage of the Act of Parliament for their own benefit.
said he would remind the right hon. Gentleman opposite that the clause now under consideration bore a strong family likeness to a clause in the Act. of 1877 which owed its form largely to the right hon. Gentleman himself. In Committee upstairs there was not a hint of a suggestion that such an instruction as was embodied in the Amendment should be introduced, and he thought it was entirely unnecessary. Were the House really going to say that an arbitrator, selected by intelligent landlords and tenants to settle a claim for damages, would have so little sense as not to be able to see when a man had wilfully courted damage, and that therefore he was not entitled to compensation? He might not have the maxim volenti non fit injuria always before him, but he would have the spirit of that maxim in his mind, and would not be likely to give the tenant damages for his own failure to take the precautions referred to in the Amendment.
said that it seemed to him, at first sight certainly, and with the law as it stood at present, that the first part of this Amendment was more or less unnecessary. He understood the hon. and learned Gentleman who moved it to say that the first part of the Amendment was to prevent the farmer cultivating and growing an improper crop for the purpose of obtaining compensation. Under the law, as it stood at present, he thought both sides of the House would agree that that was an exceptional case, and not likely to occur. Under the law, however, as it was proposed to be altered by this Bill he was not sure it would be such an exceptional case. Looking at this clause and another to be subsequently discussed, and also to the amount of compensation which it was proposed to pay under the Bill for different classes of damage, he was bound to admit that it might be possible in very exceptional cases for an unscrupulous tenant to grow a crop for the purpose of compensation. Supposing, for instance, a tenant farmer whose land was very poor and unsuited for market gardening turned it into a market garden and wished to cultivate strawberries. He would have an object for doing so, though not a very proper one, viz., that he might obtain two classes of compensation—the first for damage done to his strawberries by game; and, secondly, when he loft his holding, for so-called improvements. The cultivation of strawberries might not be an improvement to the farm at all in the long run. He thought also there was a second point which had escaped the notice of the House. There was no reason why an unscrupulous farmer should not feed his land for the purpose of attracting partridges and pheasants upon it. Everyone would agree with him that if they put down amongst strawberries a certain amount of maize and corn considerable injury would be done by pheasants or partridges. The hon. Member for Cardiff laughed. Did he see anything very extraordinary—
I think it is an intrinsic absurdity.
said he could not carry on an argument across the floor of the House, but when he sat down perhaps the hon. Gentleman would tell the House where the intrinsic absurdity came in in the instance he had given. There was nothing absurd in a farmer wishing to cultivate strawberries for the purpose he had referred to. Coming to the second part of the Amendment, namely—
he was bound to confess that he saw no hardship in the proposed Amendment to cither tenant or landlord. He thought one hon. Gentleman opposite had admitted that in many respects it was a reasonable Amendment: it was exceedingly necessary before compensation was paid that tenants should do their best to prevent damage being done to their crops. Even if the House and the Government refused to accept the first part of the Amendment, they should accept the second part. Under the Bill as it stood it gave an opening which, however, might only be taken advantage of in rare instances, to an unscrupulous farmer to grow a crop, say, of strawberries simply for the purpose of obtaining compensation of two classes and a crop which did not pay, but which would pay on the grounds he had mentioned."That no compensation shall be included for damage which the arbitrator shall deem to be due to the neglect or refusal of the tenant to take such precautions to mitigate or prevent the damage as he could reasonably have taken without himself incurring any special expense for the purpose and having regard to any permission or facilities given or offered by the landlord,"
did not think he should serve any useful purpose in pressing his Amendment to a division. He was rather discouraged, however, from withdrawing his Amendment by what had been said by the learned Solicitor-General for England.
said the hon. Member was not entitled to make a speech. He could withdraw his Amendment.
said he wanted to make it clear that he asked leave to withdraw
AYES.
| ||
| Acland-Hood, Rt. Hn Sir Alex. F. | Bull, Sir William James | Craik, Sir Henry |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Burdett-Coutts, W. | Cross, Alexander |
| Balcarres, Lord | Butcher, Samuel Henry | Dixon-Hartland, Sir Fred Dixon |
| Balfour, Rt. Hn. A. J. (City Lond) | Carlile, E. Hildred | Duncan, Robert (Lanark, Govan) |
| Banbury, Sir Frederick George | Castlereagh, Viscount | Fardell, Sir T. George |
| Baring, Hon. Guy (Winchester) | Cecil, Evelyn (Aston Manor) | Finch. Rt. Hon. George H. |
| Barrie, H.T. (Londonderry, N.) | Cecil, Lord R. (Marylebone, E.) | Forster, Henry William |
| Beach, Hn. Michael Hugh Hicks | Coats, E. Feetham (Lewisham) | Gardner, Ernest (Berks, East) |
| Beckett, Hon. Gervase | Cochrane, Hon. Thos. H. A. E. | Gibbs, G. A. (Bristol, West) |
| Bowles, G. Stewart | Corbett, T. L. (Down, North) | Hamilton, Marquess of |
| Bridgeman, W. Clive | Craig, Capt. James (Down, E.) | Hardy, Laurence (Kent, Ashford) |
in consequence of what the learned Solicitor-General for Scotland had said.
Leave to withdraw Amendment refused.
said his whole attitude towards the Amendment had been changed by the speech of the noble Lord above the gangway and by his cogent, lucid, and closely reasoned argument. He did not think anyone could have thrown more light upon the subject. For instance, he did not believe that there was any man in this House into whose mind it would have entered that the tenant might ruin the land in order to grow a crop of strawberries. That put the matter in an entirely different light. He appealed to the noble Lord not to do what he understood he was about to do and leave his Party for some time. He could not blame the noble Lord or anyone for wanting to leave the Party. He would ask the noble Lord, however, to respond to the call of duty, to stand by the ship and not desert it at the present moment. He did not know what they would do in these complicated debates in which nice law points suddenly occurred if they were deprived of his services. One naturally liked to see the Party to which one was opposed reach the lowest possible level of power, but he did not think any one wanted to see the Party deprived of the noble Lord's services.
thought that the statement of the Solicitor-General for Scotland fell to the ground, as there was no power to appoint an arbitrator.
Question put.
The House divided:—Ayes, 68; Noes, 307. (Division List No. 388.)
| Harrison-Broadley, Col. H. B. | Percy, Earl | Talbot, Rt. Hn. J. G. (Oxf'd Univ) |
| Hay, Hon. Claude George | Randles, Sir John Scurrah | Thomson, W. Mitchell- (Lanark |
| Hervey, F. W. F. (Bury, S. Edm'ds | Ratcliff, Major R. F. | Turnour, Viscount |
| Hills, J. W. | Rawlinson, John Frederick Peel | Valentia, Viscount |
| Kenyon-Slaney, Rt. Hn. Col. W. | Remnant, James Farquharson | Vincent, Col. Sir C. E. Howard |
| Kimber, Sir Henry | Roberts, S. (Sheffield, Ecclesall) | Warde, Col. C. E. (Kent, Mid) |
| Lambton, Hon. Frederick Wm. | Ropner, Colonel Sir Robert | Wilson, A. Stanley (York, E. R.) |
| Lane-Fox, G. R. | Rutherford, John (Lancashire) | Wortley, Rt. Hn. C. B. Stuart- |
| Law, Andrew Bonar (Dulwich) | Salter, Arthur Clavell | Wyndham, Rt. Hon. George |
| Lowe, Sir Francis William | Smith, Abel H. (Hertford, East | |
| Muntz, Sir Philip A. | Smith, F. E. (Liverpool, Walton | TELLERS FOR THE AYES—Mr. |
| Nicholson, Wm. G. (Petersfield) | Starkey, John R. | Beale and Colonel Lockwood. |
| Pease, Herbert Pike (Darlington | Stone, Sir Benjamin |
NOES.
| ||
| Abraham, Wm. (Cork, N. E.) | Collins, Sir Wm. J. (S. Pancras, W | Hart-Davies, T. |
| Abraham, William (Rhondda) | Corbett, C. H. (Sussex, E. Grinst'd | Harwood, George |
| Acland, Francis Dyke | Cotton, Sir H. J. S. | Haslam, James (Derbyshire) |
| Agnew, George William | Cowan, W. H. | Haworth, Arthur A. |
| Allen, A. Acland (Christchurch) | Craig, Herbert J. (Tynemouth) | Hazel, Dr. A. E. |
| Allen. Charles P. (Stroud) | Cremer, William Randal | Hedges, A. Paget |
| Armstrong, W. C. Heaton | Crombie, John William | Hemmerde, Edward George |
| Asquith, Rt. Hn. Herbert Henry | Crosfield, A. H. | Henderson, Arthur (Durham) |
| Astbury, John Meir | Crossley, William J. | Henderson, J. M. (Aberdeen, W. |
| Atherley-Jones, L. | Dalmeny, Lord | Henry, Charles S. |
| Baker, Joseph A. (Finsbury, E.) | Dalziel, James Henry | Herbert, Col. Ivor (Mon., S.) |
| Baring, Godfrey (Isle of Wight) | Davies, David (Montgomery C. | Herbert, T. Arnold (Wycombe) |
| Barker, John | Davies, Ellis William (Eifion) | Higham, John Sharp |
| Barlow, John Emmott (Somerset | Davies, Timothy (Fulham) | Hobart, Sir Robert |
| Barlow, Percy (Bedford) | Delany, William | Hodge, John |
| Barnard, E. B. | Dewar, Arthur (Edinburgh, S.) | Hogan, Michael |
| Barnes, G. N. | Dickson-Poynder, Sir John P. | Holden, E. Hopkinson |
| Barry, E. (Cork, S.) | Dilke, Rt. Hon. Sir Charles | Hooper, A. G. |
| Beaumont, Hon. H. (Eastbourne | Dolan, Charles Joseph | Horniman, Emslie John |
| Beaumont, Hn. W. C. B. (Hexh'm) | Donelan, Captain A. | Howard, Hon. Geoffrey |
| Beck, A. Cecil | Duckworth, James | Hudson, Walter |
| Bellairs, Carlyon | Duncan, C. (Barrow-in-Furness | Illingworth, Percy H. |
| Benn, Sir J. Williams (Devonp'rt) | Duncan, J. H. (York, Otley) | Isaacs, Rufus Daniel |
| Bennett. E. N. | Dunn, A. Edward (Camborne) | Jackson, R. S. |
| Berridge, T. H. D. | Dunne, Major E. Martin (Walsall) | Jenkins, J. |
| Bertram, Julius | Elibank, Master of | Johnson, John (Gateshead) |
| Bethell, J. H. (Essex, Romford) | Erskine, David C. | Johnson, W. (Nuneaton) |
| Bethell, T. R. (Essex, Maldon) | Esmonde, Sir Thomas | Jones, Leif (Appleby) |
| Billson, Alfred | Evans, Samuel T. | Jones, Wm. (Carnarvonshire) |
| Birrell, Rt. Hon. Augustine | Eve, Harry Trelawney | Jowett, F. W. |
| Boland, John | Everett, R. Lacey | Joyce, Michael |
| Boulton, A. C. F. (Ramsey) | Faber, G. H. (Boston) | Kearley, Hudson E. |
| Brace, William | Fenwick, Charles | Kekewich, Sir George |
| Branch, James | Ferens, T. R. | Kennedy, Vincent Paul |
| Brigg, John | Ferguson, R. C. Munro | King, Alfred John (Knutsford) |
| Bright, J. A. | Ffrench, Peter | Kitson, Rt. Hon. Sir James |
| Brodie, H. C. | Fiennes, Hon. Eustace | Laidlaw, Robert |
| Brooke, Stopford | Flynn, James Christopher | Lamb, Edmund G. (Leominster) |
| Brunner, Rt. Hn. Sir J.T. (Cheshire | Fuller, John Michael F. | Lamb, Ernest H. (Rochester) |
| Bryce, J. A. (Inverness Burghs) | Fullerton, Hugh | Lambert, George |
| Buchanan, Thomas Ryburn | Furness, Sir Christopher | Lamont, Norman |
| Burnyeat, W. J. D. | Gardner, Col. Alan (Hereford, S. | Law, Hugh A. (Donegal, W.) |
| Buxton, Rt. Hn. Sydney Chas. | Gill, A. H. | Layland-Barratt, Francis |
| Byles, William Pollard | Ginnell, L. | Leese, Sir Joseph F. (Accrington) |
| Cameron, Robert | Gladston, Rt. Hn. Herbert John | Lehmann, R. C. |
| Campbell-Bannerman, Sir H. | Glendinning, R. C. | Lever, A. Levy(Essex, Harwich |
| Carr-Gomm, H. W. | Grant, Corrie | Lever, W. H. (Cheshire, Wirral) |
| Causton, Rt. Hn. Richard Knight | Greenwood, Hamar (York) | Levy, Maurice |
| Cawley, Frederick | Grey, Rt. Hon. Sir Edward | Lloyd-George, Rt. Hon. David |
| Cheetham, John Frederick | Guest, Hon. Ivor Churchill | Lough, Thomas |
| Churchill, Winston Shencer | Gulland, John W. | Lundon, W. |
| Clarke, C. Goddard | Gurdon, Sir W. Brampton | Lupton, Arnold |
| Cleland, J. W. | Haldane, Rt. Hon. Richard B. | Lyell, Charles Henry |
| Clough, William | Hammond, John | Lynch, H. B. |
| Clynes, J. R. | Hardie, J. Keir (Merthyr Tydvil) | Macdonald, J. M. (Falkirk B'ghs) |
| Cobbold, Felix Thornley | Harmsworth, Cecil B. (Wore'r) | Mackarness, Frederic C. |
| Macnamara, Dr. Thomas J. | Partington, Oswald | Summerbell, T. |
| Macpherson, J. T. | Paul, Herbert | Sutherland, J. E. |
| MacVeagh, Jeremiah (Down, S. | Paulton, James Mellor | Taylor, Austin (East Toxteth) |
| MacVeigh, Chas. (Donegal, E.) | Pearce, Robert (Staffs. Leek) | Taylor, Theodore C. (Radcliffe) |
| M'Crae, George | Pearson, W. H. M. (Suffolk, Eye) | Tennant, Sir Edward (Salisbury |
| M'Kean, John | Philipps, Owen C. (Pembroke) | Thomas, Sir A. (Glamorgan, E.) |
| M'Killop, W. | Pickersgill, Edward Hare | Thompson. J. W. H. (Somerset, E |
| Maddison, Frederick | Pirie, Duncan V. | Tomkinson, James |
| Mallet, Charles E. | Price, C. E. (Edinb'gh, Central) | Torrance. Sir A. M. |
| Mansfield, H. Rendall (Lincoln) | Radford, G. H. | Ure, Alexander |
| Marks, G. Croydon (Launceston | Rainy, A. Rolland | Verney, F. W. |
| Marnham, F. J. | Raphael, Herbert H. | Vivian, Henry |
| Massie, J. | Rea, Russell (Gloucester) | Walker, H. De R. (Leicester) |
| Masterman, C. F. G. | Redmond, John E. (Waterford) | Walsh, Stephen |
| Meagher, Michael | Rees, J. D. | Walton, Sir John L. (Leeds, S.) |
| Meehan, Patrick A. | Renton, Major Leslie | Walton, Joseph (Barnsley) |
| Menzies, Walter | Richards, T. F. (Wolverh'mpt'n) | Ward, John (Stoke upon Trent |
| Micklem, Nathaniel | Rickett, J. Compton | Ward, W. Dudley (South'mpton) |
| Molteno, Percy Alport | Ridsdale, E. A. | Wardle, George J. |
| Mond, A. | Roberts, G. H. (Norwich) | Wason, Eugene (Clackmannan) |
| Montagu, E. S. | Roberts, John H. (Denbighs.) | Wason, John Cathcart (Orkney) |
| Montgomery, K. G. | Robertson, Rt. Hn. E. (Dundee | Waterlow, D. S. |
| Mooney, J. J. | Robertson, J. M. (Tyneside) | Watt, H. Anderson |
| Morgan, G. Hay (Cornwall) | Robinson, S. | Wedgwood, Josiah C. |
| Morgan, J. Lloyd (Carmarthen) | Robson, Sir William Snowdon | White. J. D. (Dumbartonshire) |
| Morrell, Philip | Rogers, F. E. Newman | White, Luke (York, E. R.) |
| Morse, L. L. | Rose, Charles Day | White, Patrick (Meath, North) |
| Morton, Alpheus Cleophas | Rowlands, J. | Whitehead, Rowland |
| Murphy, John | Samuel, Herbert L. (Cleveland) | Whitley, J. H. (Halifax) |
| Murray, James | Scott, A. H. (Ashton under Lyne | Whittaker, Sir Thomas Palmer |
| Napier, T. B. | Sears, J. E. | Wiles, Thomas |
| Newnes, F. (Notts, Bassetlaw) | Shackleton, David James | Williams, J. (Glamorgan) |
| Nicholls, George | Shaw, Charles Edw. (Stafford) | Williams, Llewelyn (Carmarth'n) |
| Nicholson, Chas. N. (Doncast'r | Shaw, Rt. Hon. T. (Hawick B.) | Williams, Osmond (Merioneth) |
| Nolan, Joseph | Shipman, Dr. John G. | Wilson, Henry J. (York, W. R.) |
| Norton, Capt. Cecil William | Silcock, Thomas Ball | Wilson, John (Durham, Mid) |
| Nussey, Thomas Willans | Sinclair, Rt. Hon. John | Wilson, P. W. (St. Pancras, S.) |
| Nuttall, Harry | Smeaton, Donald Mackenzie | Wilson, W. T. (Westhoughton) |
| O'Brien, Kendal (Tipperary Mid | Smyth, Thomas F. (Leitrim, S.) | Winfrey, R. |
| O'Brien, Patrick (Kilkenny) | Snowden, P. | Wodehouse, Lord (Norfolk, Mid) |
| O'Connor, James (Wicklow, W.) | Soares, Ernest J. | Wood, T. M'Kinnon |
| O'Connor, John (Kildare, N.) | Spicer, Sir Albert | Young, Samuel |
| O'Dowd, John | Steadman, W. C. | Yoxall, James Henry |
| O'Kelly, Conor (Mayo, N.) | Stewart, Halley (Greenock) | |
| O'Kelly, James (Roscommon, N | Strachey, Sir Edward | TELLERS FOR THE NOES—Mr. |
| O'Malley, William | Straus, B. S. (Mile End) | Whiteley and Mr. J. A. |
| O'Shaughnessy, P. J. | Stuart, James (Sunderland) | Pease. |
| O'Shee, James John | Sullivan, Donal |
Amendment proposed to the Bill—
"In page 2, line 21, after the word 'kill,' to insert the word 'the.'"—( Colonel Kenyon-Slaney.)
Question proposed, "That the word 'the' be there inserted in the Bill."
Amendment, by leave, withdrawn.
moved an Amendment to provide that the shooting tenant should be entitled to the same notice of a claim for damage as that to be given to the landlord. He thought it was an Amendment which the Government would have no difficulty in accepting. The hon. Baronet in charge of the Bill would observe that in the case of the landlord where damage had been done and compensation had to be paid by him, he was entitled to have further notice, so that he might be able to ascertain whether a fair claim had been made and whether so much damage had been done as was alleged. And by the third section, where the right to kill game had been vested in a third person, the landlord was entitled to be indemnified by that third person. Under these circumstances it was only fair and just that the third person, the shooting tenant, should be entitled to the same notice that the landlord received. He begged to move.
seconded the Amendment, which he imagined the Government would have no difficulty in accepting as it was only just that the shooting tenant should have the same rights as the landlord under this section.
Amendment proposed—
"In page 2, line 24, at end, to add the words, 'Such other person shall be entitled to the same notice of intention to make a claim as the landlord is entitled to under this section, and the same limit of time within which a claim can be made shall apply.' "—(Mr. Abel Smith.)
Question proposed, "That those words be there inserted in the Bill."
expressed the opinion that it was worth while to accept this Amendment if only for the reason that in all probability when the shooting tenant received this notice he would more often than not step in and settle the claim, and in most cases settle it very generously.
said the acceptance of this Amendment would be to throw an obligation on the tenant to give notice to a third party whom he did not know. The better plan would be to let the whole thing be done together. The shooting was very often let to different people every year and the tenant had no means of finding out who the shooting tenant was. The landlord did know. Therefore, with great respect to hon. Gentlemen opposite he could not accept the Amendment. It would add complexity to the Act. They had already given power to the landlord to be indemnified by the person to whom he let the shooting. Surely under these circumstances they might leave this matter where it was.
said he certainly was surprised at the attitude of the Government in this matter. Of one thing he was certain and that was that the learned Solicitor-General for Scotland would be in favour of this Amendment. The Civil Lord of the Admiralty had said it was very desirable that it should not be made more difficult for the tenant to get compensation, which would be the case if he had to give an additional notice. But the hon. and learned Solicitor-General for Scotland had told the House how well the Scottish Act worked and that there the tenant had no difficulty. Section 7 of that Act provided that no action could be taken by a lessee against a lessor unless notice had been given by the lessee of his intention to take the same, and the third section of that Act defined the word "lessor" to mean the grantor of a lease of a farm for not less than two years, or any person holding under him. Under the law of Scotland notice had to be given by the tenant to the grantor or any person holding under him. But apart from the question of law, equity demanded that such notice should be given to the shooting tenant. Let them take the case of a field of potatoes next a cover. In a dry year pheasants would come out of the cover and do a deal of damage by scratching among and uncovering the potatoes. That would take place comparatively early in the autumn months. If the shooting tenant got notice of that at the time he could send his keepers round and prevent it by wiring off that part of the field or in some other manner. But if the farmer had to claim from the landlord and the landlord in turn from the shooting tenant all he could say was that if he were the shooting tenant he would turn round and say he had been very unfairly treated in not having had notice earlier. But the landlord might not have had notice at the time. He suggested that instead of adopting the circuitous methods so beloved by all Governments, the comparatively simple method of dealing with the matter by accepting this Amendment should be adopted.
was surprised the Government could not accept this Amendment, and also at the arguments that had been urged against it. He failed to see that there would be any difficulty in the tenant's finding out who the shooting tenant was. It would be very unfair for the landlord to be able to come down on the shooting tenant in order to be indemnified for damage done by game, without giving the shooting tenant an opportunity of investigating the extent of the damage.
said that what would happen would be that the tenant would make a claim against the landlord, who, knowing he had a right of relief from the shooting tenant, would on receiving the claim instantly intimate the fact to the shooting tenant so as to enable him to defend the claim. The tenant did not need to give any intimation to anybody but the man who had let the land to him, leaving the landlord to obtain his own relief against the shooting tenant, which he was well enabled to do without any express provision to this effect. This clause had been well considered by the Government. It would be a little hard to insert the Amendment now suggested, because if by any mischance notice was not given by the tenant to the shooting tenant the former's claim against the landlord would be barred merely because he had made the technical mistake of not giving notice to the shooting tenant. It would be putting too heavy a burden on the tenant without any corresponding advantage to the landlord.
AYES.
| ||
| Acland-Hood, Rt. Hn Sir Alex F. | Cross, Alexander | Randles, Sir John Scurrah |
| Anson, Sir William Reynell | Fell, Arthur | Rawlinson, John Frederick Pee |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Finch, Rt. Hon. George H. | Remnant, James Farquharson |
| Balcarres, Lord | Forster, Henry William | Roberts, S. (Sheffield, Ecclesall |
| Balfour, Rt. Hn. A. J. (City Lond | Gardner, Ernest (Berks, East) | Ropner, Colonel Sir Robert |
| Banbury, Sir Frederick George | Gibbs, G. A. (Bristol, West) | Rutherford, John (Lancashire) |
| Baring, Hon. Guy (Winchester) | Hardy, Laurence (Kent, Ashford | Salter, Arthur Clavell |
| Barrie, H. T. (Londonderry, N.) | Harrison-Broadley, Col. H. B. | Smith, F. E. (Liverpool, Walton) |
| Beckett, Hon. Gervase | Hervey, F. W. F. (Bury S. Edm'd | Starkey. John R. |
| Bowles, G. Stewart | Hills, J. W. | Stone, Sir Benjamin |
| Bridgeman, W. Clive | Kennaway, Rt. Hn. Sir John H. | Thomson, W. Mitchell- (Lanark) |
| Bull, Sir William James | Kenyon-Slaney, Rt. Hon. Col. W | Turnour, Viscount |
| Burdett-Coutts, W. | Kimber, Sir Henry | Valentia, Viscount |
| Carlile, E. Hildred | Law, Andrew Bonar (Dulwich) | Warde, Col. C. E. (Kent, Mid) |
| Cave, George | Lockwood, Rt. Hn. Lt.- Col. A. R. | |
| Cochrane, Hon. Thos. H. A. E. | Lowe, Sir Francis William | TELLERS FOR THE AYES—Mr. |
| Corbett, T. L. (Down, North) | Muntz, Sir Philip A. | Abel Smith and Mr. Hicks |
| Craig, Capt. James (Down, E.) | Pease, Herbert Pike (Darlington | Beach. |
NOES.
| ||
| Abraham, Wm. (Cork, N. E.) | Beale, W. P. | Bright, J. A. |
| Abraham, William (Rhondda) | Bellairs, Carlyon | Brodie, H. C. |
| Acland, Francis Dyke | Benn, Sir J. Williams (Devonp't) | Brooke, Stopford |
| Agnew, George William | Bennett. E. N. | Bryce, Rt. Hn. James (Aberdeen) |
| Allen, A. Acland (Christchurch) | Berridge, T. H. D. | Bryce, J. A. (Inverness Burghs) |
| Allen, Charles P. (Stroud) | Bertram, Julius | Buchanan, Thomas Ryburn |
| Armstrong, W. C. Heaton | Bethell, J. H. (Essex, Romford) | Burke, E. Haviland- |
| Baker, Sir John (Portsmouth) | Bethell, T. R. (Essex, Maldon) | Burnyeat, W. J. D. |
| Baker, Joseph A. (Finsbury, E.) | Billson, Alfred | Buxton, Rt. Hn. Sydney Charles |
| Baring, Godfrey (Isle of Wight) | Birrell, Rt. Hon. Augustine | Byles, William Pollard |
| Barlow, John Emmott (Somerset | Boland, John | Carr-Gomm, H. W. |
| Barlow, Percy (Bedford) | Boulton, A. C. F. (Ramsey) | Causton, Rt. Hn. Richard Knight |
| Barnard, E. B. | Brace, William | Cheetham, John Frederick |
| Barnes, G. N. | Branch, James | Clarke, C. Goddard |
| Barry, E. (Cork, S.) | Brigg, John | Cleland, J. W. |
said it would not be any advantage to the landlord, but he thought the shooting tenant would be put into a very hard position if notice was not given him. The claim should be made against the landlord, but if they were going to allow the landlord to make a counter - claim against the shooting tenant, they must give the hitter some opportunity of making a defence. If the shooting tenant received notice at the same time as the landlord he would be able to act. If, however, he did not receive a notice until he got it in the form of a claim from the landlord some time afterwards, it would be impossible for him to get any evidence in mitigation of the claim. It was absurd to suggest that the tenant did not know who the shooting tenant was. The only difficulty was writing an extra letter and buying an extra stamp.
Question put.
The House divided:—Ayes, 53; Noes, 275. Division List No. 389).
| Clough, William | Jones, Leif (Appleby) | O'Malley, William |
| Clynes, J. R. | Jones, William (Carnarvonsh.) | O'Shaughnessy, P. J. |
| Cobbold, Felix Thornley | Jowett, F. W. | O'Shee, James John |
| Collins, Sir Win. J. (S. Pancras) | Joyce, Michael | Partington, Oswald |
| Corbett, C. H. (Sussex, E. Grinstd) | Kearley, Hudson E. | Paul, Herbert |
| Cotton, Sir H. J. S. | Kekewich, Sir George | Paulton, James Mellor |
| Cowan, W. H. | Kennedy, Vincent Paul | Pearce, Robert (Staffs, Leek) |
| Cox, Harold | Kincaid-Smith, Captain | Pearson, W. H. M. (Suffolk, Eye) |
| Cremer, William Randal | King, Alfred John (Knutsford) | Pickersgill, Edward Hare |
| Crosfield, A. H. | Kitson, Rt. Hon. Sir James | Pirie, Duncan V. |
| Dalziel, James Henry | Laidlaw, Robert | Price, C. E. (Edinb'gh, Central |
| Davies, Ellis William (Eifion) | Lamb, Edmund G. (Leominster) | Radford, G. H. |
| Davies, Timothy (Fulham) | Lamb, Ernest H. (Rochester) | Rainy, A. Rolland |
| Delany, William | Lambert, George | Raphael, Herbert H. |
| Dilke, Rt. Hon. Sir Charles | Lamont, Norman | Rea, Russell (Gloucester) |
| Dolan, Charles Joseph | Law, Hugh A. (Donegal, W.) | Redmond, John E. (Waterford) |
| Donelan, Captain A. | Layland-Barratt, Francis | Redmond. William (Clare) |
| Duckworth, James | Leese, Sir Joseph F. (Accrington) | Rees, J. D. |
| Duncan, C. (Barrow-in-Furness) | Lehmann, R. C. | Richards, T. F. (Wolverh'mptn |
| Duncan, J. H. (York, Otley) | Lever, A. Levy (Essex, Harwich) | Rickett, J. Compton |
| Dunn, A. Edward (Camborne) | Lever, W. H. (Cheshire, Wirral) | Ridsdale, E. A. |
| Dunne, Major E. Martin (Walsall) | Levy, Maurice | Roberts, G. H. (Norwich) |
| Elibank, Master of | Lloyd-George, Rt. Hon. David | Roberts, John H. Denbighs. |
| Erskine, David C. | Lough, Thomas | Robertson, Rt. Hn. E. (Dundee) |
| Esmonde, Sir Thomas | Lundon, W. | Robertson, J. M. (Tyneside) |
| Evans, Samuel T. | Lupton, Arnold | Robinson, S. |
| Eve, Harry Trelawney | Lyell, Charles Henry | Rogers, F. E. Newman |
| Everett, R. Lacey | Lynch, H. B. | Rose, Charles Day |
| Faber, G. H. (Boston) | Macdonald, J. M. (Falkirk Bghs.) | Rowlands, J. |
| Fenwick, Charles | Mackarness, Frederic C. | Samuel, Herbert L. (Cleveland) |
| Ferens, T. R. | Macnamara, Dr. Thomas J. | Sears, J. E. |
| Ferguson, R. C. Munro | Macpherson, J. T. | Shackleton, David James |
| Ffrench, Peter | MacVeagh, Jeremiah (Down, S. | Shaw, Rt. Hon. T. (Hawick B.) |
| Fiennes, Hon. Eustace | MacVeigh, Chas.(Donegal, E.) | Shipman. Dr. John G. |
| Flavin, Michael Joseph | M'Crae, George | Sinclair, Rt. Hon. John |
| Flynn, James Christopher | M'Kean, John | Smeaton, Donald Mackenzie |
| Fuller, John Michael F. | M'Killop, W. | Smyth, Thomas F. (Leitrim, S.) |
| Fullerton, Hugh | M'Micking, Major G. | Snowden, P. |
| Furness, Sir Christopher | Maddison, Frederick | Soares, Ernest J. |
| Cardner, Col. Alan (Hereford, S) | Mallet, Charles E. | Spicer, Sir Albert |
| Gilhooly, James | Mansfield, H. Kendall (Lincoln) | Steaclman, W. C. |
| Gill. A. H. | Marks, G. Croydon (Launceston) | Stewart, Halley (Greenock) |
| Gladstone, Rt. Hn. Herbert John | Marnham, F. J. | Stewart-Smith, D. (Kendal) |
| Grant, Corrie | Massie, J. | Strachey, Sir Edward |
| Grey, Rt. Hon. Sir Edward | Meagher, Michael | Straus, B. S. (Mile End) |
| Gulland, John W. | Meehan, Patrick A. | Stuart, James (Sunderland) |
| Gurdon, Sir W. Brampton | Menzies, Walter | Sullivan, Donal |
| Haldane, Rt. Hon. Richard B. | Micklem, Nathaniel | Summerbell, T. |
| Hammond, John | Molteno, Percy Alport | Sutherland, J. E. |
| Hardie, J. Keir (Merthyr Tydvil) | Mond, A. | Taylor, Theodore C. (Radcliffe) |
| Hart-Davies, T. | Montagu, E. S. | Thomas, Sir A. (Glamorgan, E. |
| Haslam, James (Derbyshire) | Montgomery, H. G. | Thompson, J. W. H. (Somerset, E |
| Haworth, Arthur A. | Mooney, J. J. | Tomkinson, James |
| Hazel, Dr. A. E. | Morgan, G. Hay (Cornwall) | Torrance, Sir A. M. |
| Hedges, A. Paget | Morrell, Philip | Ure, Alexander |
| Hemmerde, Edward George | Morton, Alpheus Cleophas | Verney, F. W. |
| Henderson, Arthur (Durham) | Murphy, John | Vivian, Henry |
| Henderson, J. M. (Aberdeen, W. | Murray, James | Walker, H. De R. (Leicester) |
| Henry, Charles S. | Napier, T. B. | Walsh, Stephen |
| Herbert, T. Arnold (Wycombe) | Nicholls, George | Walters, John Tudor |
| Higham, John Sharp | Nicholson, Chas. N. (Doncaster) | Walton, Joseph (Barnsley) |
| Hobart, Sir Robert | Nolan, Joseph | Ward, John (Stoke upon Trent) |
| Hodge, John | Norton, Capt. Cecil William | Ward, W. Dudley (Southampton |
| Hogan, Michael | Nussey, Thomas Willans | Wardle, George J. |
| Holden, E. Hopkinson | Nuttall, Harry | Wason, John Cathcart (Orkney) |
| Hooper, A. G. | O'Brien, Kendal (Tipperary, Mid | Waterlow, D. S. |
| Horniman, Emslie John | O'Brien, Patrick (Kilkenny) | Watt, H. Anderson |
| Howard, Hon. Geoffrey | O'Connor, James (Wicklow, W. | Wedgwood, Josiah C. |
| Hudson, Walter | O'Connor, John (Kildare, N.) | White, J. D. (Dumbartonshire) |
| Jackson, R. S. | O'Dowd, John | White, Luke (York, E. R.] |
| Johnson, John (Gateshead) | O'Kelly, Conor (Mayo, N.) | White, Patrick (Meath, North) |
| Johnson, W. (Nuneaton) | O'Kelly, James (Roscommon, N | Whitehead, Rowland |
| Whitley, J. H. (Halifax) | Wilson, Henry J. (York, W. R.) | Wood, T. M'Kinnon |
| Whittaker, Sir Thomas Palmer | Wilson, John (Durham, Mid) | Young, Samuel |
| Wiles, Thomas | Wilson, P. W. (St. Pancras, S.) | |
| Williams, J. (Glamorgan) | Wilson, W. T. (Westhoughton) | TELLERS FOR THE NOES.—Mr. |
| Williams, Llewelyn(Carmarth'n) | Winfrey, R. | Whiteley and Mr. J. A. |
| Williams, Osmond (Merioneth) | Wodehouse, Lord (Norfolk, Mid) | Pease. |
moved an Amendment excluding Scotland from the operation of the Act. He said he did not object to Scottish farmers having the protection which was claimed for them under the Act. but his objection was that it removed a good deal of the protection which Scottish tenant farmers already enjoyed. The Act did not apply to Ireland, although he understood that a good case could be made out for applying it to that country. The law upon. this subject affecting Ireland was the same as in England, whereas in Scotland they had had an Act of Parliament for thirty years which had operated extremely well. The Solicitor-General had admitted that the Act of 1877 had worked admirably in Scotland, but it was now proposed by the Government to remove Scotland from the operation of that Act and place her under a totally different set of provisions. The Scottish law on the subject at the present time was clear and intelligible. It had been the subject of many decisions and had given universal satisfaction. Under the Scottish law there was this provision for arbitration. Each party might nominate an arbitrator, and before they set to work these two men nominated a third party in case they could not come to an agreement. The Government now proposed to remove this excellent arrangement and to substitute a rigid cast-iron system, under which the landlord and tenant had to agree upon one arbitrator, and in case of a dispute to appeal to the Secretary of the Board of Agriculture, who could appoint some friend of his own, who would have to settle the amount of the damage by game. The tenant farmers of Scotland would not be one whit better off under this Bill than they were at the present moment—in fact he thought they would be distinctly worse off. At present the Scottish tenant farmer was entitled to damage from his landlord if the damage from game exceeded one shilling per acre. In cases where no agreement existed between landlord and tenant the farmer could claim compensation for damage exceeding 40s. for the whole of his farm. The farmer would now have to go through two processes. The first was that he would have to prove that there had been damage to a greater extent than Is. per acre; and in the second place he would have to go to the arbitrator to have the amount of the damage settled. What would be the tenant's position? The damage might be in spots all over the farm where the barley or wheat had been blown down by the storm, for that was the time when the pheasants did the damage. The tenant would have to show that a certain acreage had been damaged to the extent of 1s. per acre. When he had made his claim before the arbitrator and shown the damage he would perhaps only be able to prove damage to five or ten acres, and the rest of the damage to his farm he would not be able to prove. By this Bill they were restricting the tenant's power of claiming damage, they were not facilitating the opportunities he had of getting compensation and the general scheme of the clause did not commend itself to the tenants of Scotland. If he could see anything in this Bill which would make it easier for the Scottish tenant farmer to get any advantage he should heartily support this measure, but he did not see anything in it that would be of any benefit to the tenant farmers of Scotland.
Amendment proposed to the Bill—
"In page 2, line 24, at the end, to insert the words, ' (4) This section shall not apply to Scotland.' "—(Mr. Cochrane.)
Question proposed, "That those words be there inserted in the Bill. "
And, it being a quarter past Eight of the clock, and leave having been given to move the Adjournment of the House under Standing Order No. 10, further proceeding was postponed without Question put.
Netley Hospital—Discharge Of Invalid Soldiers
rose to move the adjournment of the House in order to call attention to the decision of the Government to discharge a number of invalid soldiers, who could not earn their livelihood, from Netley Hospital, without giving the House of Commons an opportunity of considering what provision could be made for them. He did not intend to detain the House long, because he was going to leave the details of the case to be dealt with by the noble Lord the Member for East Marylebone. He proposed to rest his Motion on several outstanding facts which he thought were quite sufficient justification for the Motion. There was nothing more remarkable in political life than the blunders made by very able men when they reached the Front Bench. There were certainly few abler men either in the House or outside than the Secretary for War. He was one of the ablest philosophers and statesmen and therefore he was the more surprised that the right hon. Gentleman, should have stumbled into what he could not help thinking was one of the greatest blunders of the day. What was the case that he had to submit to the House? There was a number of invalids in Netley Hospital—men who had served their King and their country, who had gone through the hardships and privations of war, who had gone through the dangers of the battlefied and the no less deadly dangers of treacherous climates. They had suffered these things for the Empire to which they and we belonged. He was quite aware that that of itself was quite sufficient to stir up the animus of certain Members of the House against these old soldiers —[Cries of, "Oh, oh!"]—he did not mean Members below the gangway, but certain Members on the other Side of the House. He did not see the hon. Members present to whom he was referring. The hon. and gallant Member for the Abercromby Division was not one of them, for no one had served his country with more gallantry in South Africa during the war than he. Whatever might be the feelings among a few Members on the Liberal side in regard to the men who had served their country in the way he had tried to describe, nothing but feelings of sympathy and goodwill would be held with regard to them by the majority in that House and in the country. He had spoken of what these men had suffered; what was to be their reward? To be cast out sick, penniless, friendless, to the cold comfort of the workhouse or the forlorn hope of casual charity! That was what the answer of the Secretary for War came to when he was pressed as to what was to be the real fate of these men. He was sorry to use language which might appear to be personal to the Secretary of State for War, for there was no man on that side of the House more respected and honoured by the Opposition than the right hon. Gentleman, but he was bound to say that no more inhuman, no more cruel proposal than that was ever submitted to the House of Commons. By whom was the proposal made? It was made by a Party which constantly posed as the friend of want and the friend of suffering. Sympathy was very often awkwardly expressed; it was very often misunderstood; it was never more awkwardly expressed or more misunderstood than in the case with which the House was dealing. It was a strange way of expressing sympathy with suffering and want to throw out these men who had served their country so well. What were the reasons given for the remarkable manner in which the Government proposed to treat these unfortunate men? He thought the first reason was the most cynical ever given to the House of Commons: it was that this proceeding would save £3,000 a year. The Liberal Government had just paid an official salary to the Lord President of the Council of £3,000, and that salary was created by the present Ministry to compensate a friend who did not require compensation. [An HON. MEMBER: Question.] It was very much to the point. They saved £3,000 a year by turning these unfortunate men into the streets, but they were prepared to grant £3,000 to a noble Lord in the House of Lords who did not require it at all.
AN HON. MEMBER: What are they suffering from?
said he did not intend to deal with innuendoes that would bring discredit on the Army. He knew how to treat them. Although the £3,000 saving might pay the salary of the Lord President of the Council who did not require it, it would not also pay the £300 salary of his secretary who was proved in the debates on the Estimates to have a sinecure.
Order, order. The hon. Member is allowing himself very great latitude.
said his feelings had been so stirred by the case of these men that it was not unnatural that he should have been led a little astray from the point. What were the reasons given for the Government's decision? One was that it would save a paltry £3,000 a year; the other was that it would make room for more urgent cases for skilled surgical treatment. On the face of it he admitted that there was some reason in that argument if there was real need for the accommodation which these men occupied, and if only by their removal could surgical treatment be administered to urgent cases. That reason however was absolutely disposed of by a Question addressed to the War Secretary by the hon. and gallant Member for the Abercromby Livision, than whom nobody knew more about Netley Hospital. That hon. and gallant Gentleman had asked if the Secretary for War was not aware that there were hundreds of vacant beds in the hospital. Therefore the argument used by the Secretary for War that by turning out these unfortunate men he was making room for more urgent and more serious cases, absolutely fell to the ground. The Secretary of State's answer to the hon. and gallant Member for the Abercromby Division was that he did not know but would make inquiry as to whether there were hundreds of beds vacant in Netley Hospital. But he ought to know. And he ought to have ascertained before he determined to turn out these poor friendless men, whose only crime, so far as he knew, was that they had served their King and country. If there were hundreds of vacant beds in Netley Hospital why did not the Secretary of State allot a separate ward for the treatment of these poor men? If that was impossible, why did he not make other provision for them? The right hon. Gentleman had stated in answer to a Question that if the House of Commons would make provision for these poor men he would be only too glad to supply it. His reply to that was that if the House of Commons were given the chance they would supply the necessary funds. The War Secretary had put hon. Members off with vague promises to wait until the Estimates came on again next year. In the meantime he was going to discharge any number of these unfortunate men from the hospital, and then it would be too late for the House of Commons to take the action that many hon. Members were determined to take. Let them not for the sake of a poor, moan, and pettifogging policy inflict this greivous wrong on men who had fought for their country through all the hardships which he had tried to describe. The Secretary for War had been making eloquent appeals to the country on Army reform. He had held up high ideals to the country, and he had spoken of a nation in arms and of a country rallying round the flag. It was surely a strange way of rousing patriotic enthusiasm and of fostering military ardour to treat these invalid soldiers in the harsh, heartless way which so far as his information went they had been treated. He ventured to say that he was justified in moving, as he did, "That this House do now adjourn."
said that in rising to second the Motion he desired to say at the outset that though he regarded this as a very important question and worthy of the attention of the House, he did not think that it was in any sense a Party question. He trusted the House would believe him when he said that it was far from his desire to approach the subject in any such spirit as that. It was a matter of some importance from a public point of view, and of very great importance to those soldiers who were directly concerned, and he felt that it was a matter which the Government should be asked, especially from that side of the House, to treat in a sympathetic spirit because of its intrinsic justice. The House would pardon him if he stated briefly what he understood to be the facts of the case. He might be wrong in some details, but if so the Secretary of State for War and the Financial Secretary to the Treasury could correct him. Netley Hospital, as many hon. Members were aware, was a very large building indeed. It extended over a considerable area of ground, and had been in existence for half a century. It was built at the time of the Crimean war, to afford accommodation not only for soldiers who were invalided in time of war, but in times of peace. The accommodation was, therefore, very large, and in process of years it so happened that a considerable number of patients who were in fact incurable were allowed to accumulate in the hospital. Whether that was right or wrong was not material to the question before the House. As a matter of fact, towards the end of 1905 there were a considerable number of patients suffering from diseases of an incurable character. Some of them wore seriously ill; others were scarcely ill at all in the ordinary sense, but had some sickness or injury which was incurable. The authorities of the day therefore decided that a certain number of them should be discharged from the hospital, and that was done in November, 1905. But there were left in the hospital some men who were in a bad state of health, suffering from paralysis and other diseases which incapacitated them altogether from taking part in the struggle for life. These men and their friends believed that they were in the hospital for a permanency. Some of them had been in the hospital for seven, eight, nine, and ton years, and no doubt they anticipated that for the rest of their lives, necessarily rather a gloomy fragment of existence, they would not be disturbed, but that they would remain there without any further hardships and misfortunes. But in point of fact, for some reason or other of which he knew nothing at all, in the autumn of this year the Government decided that these men must be discharged. And one of the Questions he had put to the Secretary of State was what amount of notice was given to them before they were discharged. It might have been that it was inadequate, but it was the fact that these men were wholly without resources. They had nowhere to go, and he was told that they had no right to a pension because their services had not been sufficiently long. They were not eligible for Chelsea Hospital. He did not know exactly what the conditions were that required to be fulfilled before a man could be admitted into Chelsea Hospital. The right hon. Gentleman would no doubt inform the House whether there was any fund supplied by the public for men in this position. Unless there was such a fund, apart from private charity which the House should disregard altogether in considering this subject from a public-point of view, the only resource of these men was to accept the workhouse. In some cases the place of their settlement was a long distance off, it might be away over in the west of Ireland. He did not want to say anything disrespectful of the Irish, but he was informed that Irish workhouses were not more comfortable than similar institutions in England, and to take an unhapppy man who, whatever the history of his case might be, had been for years absolutely incapacitated in Netley Hospital and discharge him thence, leaving him no refuge except an Irish workhouse was very hard measure indeed. Those were the facts of the case, and the official answer put into the mouth of the Secretary of State was that there was no longer room for them in Netley without depriving others of the advantages of that institution. He was told, however, that the hospital had accommodation for 800 or 900 persons, and that except in war time it was an exceedingly rare thing for there to be more than 300 patients. Indeed, frequently, the number of patients fell to 100 and sometimes lower. It was quite clear, therefore, that there was no want of room for these men. Then it was said that to keep these men in the hospital would cost £3,000 a year. He could not say that that was a very powerful argument for dismissing them.
It is not worth talking about.
The hon. and enthusiastic Member for Stoke thinks that,£3,000 is not worth talking about.
In this case.
said he was not disposed to differ; but he was astounded at the estimate which, at the rate of 10s. per week should be sufficient to provide for 120 men. Whether the number of men was large or small, this was really a part of the important question—What were the obligations of the country and of the House to men who had become incurably diseased or injured in military service? It was not an easy one to settle. He was told that there was a considerable amount of disease in their case. He was told that a large number of soldiers came into hospital with chest disease, consumption or tuberculosis, but by the rules of the War Office they were kept a comparatively short time and then dismissed uncured. In the early stages of the disease they could be cured, but if neglected the disease became incurable. If it was true that these men suffering from consumption were only allowed to remain a short time, and no provision was made by the Government for open-air treatment in a sanitorium, a serious defect existed in our method of administration. He was also told that a very serious state of things existed in the case of soldiers who were lunatics, and that the accommodation for them was of a very limited character. The result was that a large number were dismissed from the hospital before they were cured, and the only result was that they would have to go into an infirmary, because the House would realise that lunatics in the poorer class of life were not only lunatics but friendless. The consequence was that they had no resources, and no place to go to whatever except the workhouse. This was extremely hard treatment to be awarded to a servant of the State. That was the general case which he wished to submit to the Government and to the House. It was a serious matter from several points of view. Could the House conceive anything worse for the general reputation of the Army and the Empire, because after all, whatever their views were upon Imperial and military questions, they did not desire the Army to have a bad reputation. This was, however, a subject in which the general reputation of the Army in the eyes of the country was involved. They did not desire to see recruiting for the Army made unnecessarily difficult, for one of the inducements held out to recruits was free medical treatment. The State ought to take care that those whom they had employed were properly and humanely treated when they were in sickness, and there was an obligation, not only on the State, but upon every Member of the House, to take care that those who served it were so treated in times of sickness.
Motion made, and Question proposed, "That this House do now adjourn."— ( Mr. T. L. Corbett.)
said the noble Lord began by pleading with him not to treat this as a Party question, and had said truly that it ought not to be a Party question. He agreed that it should not be a Party question, but that it was one which should be determined more upon principles of humanity and economy than upon Party lines. The hon. Member for North Down who preceded the noble Lord began by paying him a compliment, and expressed his surprise that he should have made a blunder in adopting a new policy which was wholly unjustifiable. His modesty did not admit of his accepting the compliment which the hon. Member had paid him of having from high and mistaken motives adopted a new policy, because all that he had done in this matter was that he had been carrying out a line of policy which was carefully sifted by a Committee appointed by his predecessor in office, adopted by him, and acted on by him. He was prepared to defend it. When he succeeded to office he found that a batch of men had been discharged from Netley because medical skill could do no more for thorn, and they were blocking the way for others who were more necessitous. Two men were left. He was new to office and he kept those men in the hospital. They knew that they were going to be discharged, but he kept them on in the hope of being able to find a benevolent home for them. In September last, those two men were discharged from the hospital. Why was this action taken? An ordinary hospital was managed on the system that it existed for the purpose of curing poor people who could not afford medical assistance. If they were found to be incurable they were discharged, because a hospital was a place which existed for cure and not for the maintenance of those who could not be cured. The effect of retaining those patients who could not be cured was to block out those cases which needed urgent treatment. The same system prevailed in the Admiralty hospitals and it ought to prevail in the War Office hospitals. Unless they took that course difficulty would inevitably arise in making provision for those cases that really called for the efforts of a cure. It was true that there were only between 300 and 400 patients at Netley, and that there were 900 beds. But the point was that, although the space was there, there was no establishment in time of peace to look after the sick. Netley was our great war hospital, and a large amount of space had to be provided to meet the claims of war. But in peace time only such a staff was provided as was needed for the average number of sick. At the present time the number was about 300, but in one week the number might go down to thirty or forty, and in another week the number might rise to 300. The staff, therefore, was calculated on the average number of sick, so that the peace accommodation at Netley was only about 300 or 400 places. The authorities had to exercise the utmost care as to who were taken in and retained. The principle was to take in whoever needed medical treatment and to keep him while such treatment could do him any good; and then they ought to pass him out when the case proved to be incurable, or when the man was healed, in order to make room for those who needed urgent medical treatment. That was the system worked out by the advisory board composed of men like Sir Frederick Treves and other eminent surgeons, and it had been carried on for a considerable time past. It was a system which had been pursued with some laxity when the late Government took the matter up and decided to treat the hospital on the principle he had described. It was asked "Why do you not make provision for the soldier who is poor and incurable?" His answer was to ask another question—"Why should some thing special be done for the soldier, why should he receive what the great bulk of the poorer classes in this country cannot receive; why do for the soldier what was not done for the sailor and the poorer members of the working classes?" Since the adjournment had been moved he had had the opportunity of consulting with the authorities, and they had given him these figures. Taking a group of military hospitals, if the incurables were not discharged, what would happen? These figures were by way of illustration. Last year the number discharged was 3,687, of whom 700 were suffering from heart disease or tuberculosis. Everyone would like to keep those 700, but how could it be justified, seeing that the taxpayers included large numbers of the poorer classes for whom no such provision was made? If the Government were to accept the principle urged upon them tonight it would mean that, in respect of men suffering from heart disease and tuberculosis alone, 700 would be retained every year. Their average expectation of life might be taken at ten years. Those were cases of persons who were discharged not because their lives were in danger—if they were in danger they were treated—but because they were incurable. Therefore if they assumed the number of cases every year discharged was 700, and the mortality was 10 per cent. on a basis of ten years average the cost would amount to £324,000 a year. If other diseases were included, the cost would be not less than £500,000 a year. Saving money was not in question. He was asked to find £500,000 a year and to provide new buildings for the accommodation of those cases; and all this for the benefit, not of the community at large, or even for the Services, for the sailors had not these advantages, but for a privileged class— the incurables in the military hospitals, because the military hospitals could do them no further good. All that the military authorities could do for them was to give that pension to which they were entitled. The system of the military organisation of this country provided pensions for a certain class. If a soldier were totally incapacitated by wounds he got a pension of from 1s. 6d. to 2s. 6d. a day. If he were sick in consequence of military service, but not totally incapacitated, he received from 6d. to 1s. 6d. a day. But if the sickness were not due to military service, but illness which, so to speak, had come to the soldier in his civilian capacity as it might come to any other member of the community, then the soldier only received a short time pension, like one of the men whose case had been raised by this Motion. Those who could be cured were cured, and those who could not, but who were eligible for Chelsea, received a Chelsea pension or admission to Chelsea Hospital. This was no new arrangement, and to change the system would be to place a heavy addition on the Estimates and the building, both to benefit soldiers in a way that no other class of the community was benefited. It was quite true, as the hon. Member had said, that there were hundreds of vacant beds at Netley, but there were no attendants for them. Netley was now on the peace establishment, and beds without attendants were not beds that were worth much. It was said that these men had suffered for the Empire. They were ill as any civilians might be ill. Neither of the men had seen war service or had beep wounded, and, in his opinion, they were entitled to no more consideration than any other poor member of the community.
What about those whose disease is due to foreign service?
said that such men would be eligible for Chelsea, but the illness of the men in question was not due to foreign service. The late Government very properly discharged all the incurables but two, whom he soft-heartedly had retained. His only reward was to be bombarded in the house with Questions. The provision for wounded men was at Chelsea and not at Netley, which was a hospital for curing the sick. He thought he had answered all the points put to him. He regretted very much that he could not make provision for everybody, but that was a regret that should apply to the community as a whole, and not to any special class. He thought they had done all that they ought to do in this case. He entirely agreed with the policy which had been adopted by the medical authorities, because he felt that if that policy were departed from, it would be the worse for those whom medical aid could cure, and who would thus be debarred from obtaining that aid.
said that as he knew these two men personally, having been in Netley hospital a good many times during the past two years and having thus become acquainted with them, he might perhaps be permitted to say what he knew of the matter. He would say first of all for the relief of the mind of his right hon. friend that in only one particular was he wrong. He was under the impression that one of these men who had been dismissed had gone to the poor-house at Fermoy. That was where he was destined to go when he was dismissed, but fortunately some friends had intervened, and he was now in a nursing home at Southampton. The fact was that all this was the direct result of the decision of the late Secretary of State for War, and if the House was to censure anyone they ought to censure that right hon. Gentleman as much as the present holder of the office. The right hon. Gentleman would admit that if he were in his place, and therefore whatever blame was to be imputed could not be imputed to his right hon. friend for the policy initiated by his predecessor. Having said that, he did not for one moment agree to the doctrine of his right hon. friend that there was no harm in a system which would say that a man who had been for ten years in one of our military hospitals as an incurable invalid should, by the mere decision of a Board, be sent to the poor-house in Fermoy. He submitted to the House in no Party spirit, as the decision was that of the late Secretary of State, that that was wrong, and that no amount of talking about other members of the community having as much right to consideration as retired soldiers would make it right. If it was Tight to keep a man for ten years, a hopeless paralytic, it must be wrong with no change whatever in his condition or in the condition of the finances of the responsible persons to send him to a workhouse. It was as though a man had an employee fell and broke his log, and the leg would not set. It might be alleged that the man fell through his own fault and was partly to blame—he did not admit that in this case, but what was true in the one case might be true in the other, but it was probably not. The employer decided to put that man in one of his lodges and take care of him for ten years. If at the end of that period without any disaster to his finances he were to turn the man out into the street to go into the workhouse no one would be surprised if the inhabitants of the neighbourhood were much tempted to go and break his windows. That was what had happened at Netley Hospital through the order of his right hon. friend's predecessor. It was wrong, and the particular point which his right hon. friend referred to, though hardly mentioning it, made the matter all the more disastrous to those who knew the circumstances of a soldier's life. Had we a right to send men to India at a time of life when they were most liable to suffer owing to the temptations and the dangers of a tropical climate, and then, years later, having taken all the best out of them for the purposes of the State, to throw them back on the labour market, or, as in this case, upon the workhouse? He was glad this Motion had been brought before the House. His right hon. friend had certainly cleared his reputation as a man of extraordinary kindness of heart. He pleaded that before dismissing this matter they should look facts squarely in the face. If they would only make up their minds not to enlist men unless they could treat them properly, there would be no more of these perpetually recurring cases of soldiers, who had served their country faithfully in peace and in war, going to the workhouse. He therefore appealed to the House to weigh carefully the next time it was suggested that the Army might be reduced, and not to meet the argument with the statement that it was unpatriotic.
thought the hon. and gallant Member was rather wide of the question.
said he was endeavouring to show that if the House of Commons was to see that men were properly treated, it was necessary for them to take measures to that end. But he had concluded his remarks, and he only wished to urge that it was better to attend to the necessities of these unfortunate men, even though it might be said in certain cases that they had a share in their own misfortunes, than to have an ever-increasing number of men who were not treated properly.
said the right hon. Gentleman had stated that when he first came into office i he found only two men in the Netley Hospital, and yet in an answer to his noble friend the Member for East Marylebone the other day he had stated that the saving to the country by removing the incurables was no loss than £3,000 a year. Did the right hon. Gentleman mean to tell the House that these two men cost the country £1,500 a year each? The right hon. Gentleman in speaking of Netley Hospital had hardly brought forward the point that that hospital was primarily a hospital where incurables were sent when they returned from service abroad, and was equipped for that purpose. He objected strongly to the policy of over-riding the discretion of the principal medical officer of Nedey Hospital. He would ask the right hon. Gentleman whether the Government now intended absolutely to forbid the principal medical officer at Netley Hospital to exercise his former discretionary power of keeping a man in hospital if he thought such a course desirable.
said they always allowed a certain discretion to the medical officer in individual cases, and a certain latitude as to the time, but they did not allow him to retain them in Netley Hospital if they were incurable
asked whether hon. Members really considered that the principal medical officer at Netley; Hospital would have kept those men there during the South African War if he had not thought there was every justification for the course and that it was only justice to keep them there. The right hon. Gentleman might yet reconsider what ought to be done to men who came home from abroad suffering from curable disease. He would add nothing to what had been said by the hon. and gallant Member for the Abercromby Division. He only disagreed with the hon. and gallant Member in his latter remarks, which were out of order. He hoped that the right hon. Gentleman, having heard the appeal from both sides of the House, would be able to evolve some scheme for dealing with this matter, even if a large sum wore required for the purpose.
agreed with the noble Lord who seconded the Motion that this was not a Party question, but it was a question which particularly concerned Ireland and the ratepayers of that country. He did not at all accept the comparison the right hon. Gentleman had made between the soldier patient and the civilian patient. Did the right hon. Gentleman assume that the State undertook no obligation to a soldier when it took him from the ordinary avocations of life for the profession of arms, to risk his liberty, health, and life? The right hon. Gentleman had shown clearly what obligations the State undertook in regard to a man or a body of men who were called upon to serve their country. He knew a man who had served his country in the Army who would have become the prospective occupier of a pauper's grave in Ireland but for private charity. He mentioned the other day that Irish workhouses were packed with old soldiers, and he called the attention of the Secretary for War to an old Crimean warrior who was now living in Ireland upon 1s. 6d. per week outdoor relief from the Tullamore Guardians, and the reply of the right hon. Gentleman was that there was some difficulty in regard to money. There was always that difficulty. He also said that the State had its obligations to all aged people. That might be so, but the State had a triple obligation in regard to old soldiers for the reason he had already stated. In the Colonies they granted old age pensions.
said he was afraid that old age pensions could not be discussed under this Motion.
said the Secretary for War had never tried to meet this difficulty. Why could he not put an Estimate down for this and challenge the Opposition to support him.
said they already had £2,100,000 on the Estimates as pensions for these very cases.
thought the House would admit he had some right to join the noble Lord (Lord R. Cecil) in his disavowal of Party motives, because the part he took in regard to a cognate Question in the past could certainly not be said to have been taken from Party motives. He could not, however, exonerate the Secretary for War from participation in any Party treatment of this subject, because, whilst he agreed with much he had said about Netley Hospital, it seemed to him that the amazing argument he had used, that this Government and the country and the House of Commons had no greater responsibility to those who had served their country in difficulty and danger than they had to those who had served themselves only, was an appeal to Party feeling such as he had rarely heard introduced into a subject of this kind. When it was left to an hon. Member from Ireland to establish the responsibility of the Government to the man who had served his country, it seemed to him that that hon. Member had a fuller conception of the responsibilities of Imperial citizenship than the right hon. Gentleman opposite. He agreed with the right hon. Gentleman that a hospital should not be turned into a home for incurables. If a hospital was suited to cure disease and deal with surgical cases, it was unsuited to house incurable cases. By "unsuited" he meant that its whole equipment, its nursing and medical staff, were practically wasted on incurables. He could give the House a parallel instance from what happened in South Africa during the war. There, in the unreformed days, the great general hospitals at the base, and many near the front, were crowded with convalescents who needed no medical attendance and nursing, and who occupied beds which were sorely needed for sick and surgical cases. It was only when this point was urged upon the authorities and the suggestion was made from outside, that convalescent camps were established, which were better for the convalescents themselves, and freed the beds for the sick and surgical cases. He mentioned this as a parallel case, because although a convalescent was exactly the opposite to an incurable, yet both bore the same relation to the function of a hospital for the cure of disease and the treatment of surgical cases. Therefore he should be the last to complain of sending incurables away from such a hospital, from the point of view of the hospital itself. But what about the incurables? Where were they going to send them? He had shown that before the authorities could deal with convalescents they had to find places to put them in. How much more necessary was this in the case of incurables? These men had contracted disease whilst serving with the colours. It was not their fault that their disease had become incurable. Where did they draw the line of responsibility? The men whom they treated in the hospital had become sick from the same cause as the others who had become incurable. How could they assume responsibility in the one case and divest themselves of it in the other? Was there either justice or humanity in allowing these men to shift for themselves or hurrying them into the workhouse with paupers when their only fault was that they had worn the King's uniform? ["Oh, oh!"] Well, he was quite ready to withdraw that and substitute for it— the very cause of whose incurable disease was that they had worn the King's uniform. Were they going to leave those men to eke out their lives on charity or leave them permanently in the workhouse? Such a policy would have a fatal effect upon the morale of the Army and upon the prospects of recruiting. It was the duty of the Minister to advise the House; and the guidance he had given to the House, if his words had been rightly understood, was that these men who had contracted their diseases in the service of their country were to be left to a pauper's fate; for the country was to do nothing to help them, and the Minister would not face the possible unpopularity with his Party of proposing in the Estimates some substantial relief. With regard to extra beds at Netley Hospital he would venture to make a practical suggestion. Very little medical attendance or nursing was necessary for incurables, and it would be possible so to arrange Netley Hospital that in time of peace the shelter it afforded could be devoted to the comfortable and merciful housing of those incurables, while some system was being worked out for their more permanent charge by the country. If it became widely known that this sort of fate awaited any man who entered the Army and served his country and happened to contract an incurable disease while serving it, the gravest harm would be done to the Army and it would constitute almost an outrage on humanity and patriotism alike.
said the hon. Gentleman who had just sat down had twitted the Minister for War by stating that an hon. Member from Ireland had a more just conception of Imperial duty than himself. He entirely differed from the hon. Gentleman even in regard to that, but what he was concerned about was the statement of the hon. Gentleman that, whereas soldiers served their country, other citizens served themselves. He could not imagine a broader line of demarcation between the two conceptions of civic and military duty than that. The boiler-maker, weaver, or follower of any other "common" trade served his country just as much as any private, noncommissioned officer, or officer in the Army. If there was one proposition made by the Secretary for War more worthy of their support than another, it was his contention that, while making all humane and proper provision for our troops, they had no right beyond this to make distinctions, involving a large amount of money, between the man who happened to be employed in the Army and the man who happened to be employed in a weaving shed or elsewhere. They had heard a good deal about listening to clamour. He was glad the Secretary for War had not listened to the clamour of hon. Members opposite that night when a peremptory demand was made upon him to give a pledge on the spot that no alteration should be made at Netley Hospital until the House of Commons had discussed it. Where would the War Office be if a Minister gave way to such a demand? They read in The Times that if the Labour Members made a demand the Ministers gave way at once. Supposing the Labour Members had made this demand. [An HON. MEMBER: They would have given way.] The first Members of the House to protest against concession to clamour would be hon. Gentlemen opposite, who had tried clamour that night, but were, he thought, going to find it a dismal failure. He was glad that the Leader of the Opposition had consulted the dignity of the House in not being present to support a Motion which had no justification. Where was the right hon. Gentleman the Member for the City? [An HON. MEMBER: What price Wyndham?] The Minister for War had approached this matter in a most sympathetic spirit. A day or two ago and again to-day he had explained the whole position, and hon. Members opposite were not consulting the dignity of the House when they attempted to get the right hon. Gentleman to give way on the spot in regard to a matter which he had had under his consideration. He maintained that workmen had never refused to be generous to the soldier, and especially to the sick soldier. What amused him was the wonderful concern shown about two soldiers at Netley by the Opposition to-day when he recalled how the hon. Member for Westminster stood surrounded by a number of icebergs uttering his noble plea for hospital accommodation when our soldiers were fighting at the front and were being struck down more by disease than by the bullets of the Boers. Yet a remnant of the Opposition were now endeavouring to make Party capital—[Cries of "No, no."]
The hon. Member, in the extreme venom of his Party spirit —[Cries of "Order" and "Withdraw," and interruption.]
Order, order! I do not think the noble Lord's expression is permissible.
expressed regret for having been carried away beyond the limits of order; but the speech of the hon. Member was of an extremely provocative character considering the way in which the question had been treated on that side of the House.
said that his criticism might be provocative, but he believed it to be true. Was the House to be asked to sanction the plea that a soldier who had perhaps lived a reckless life in India and had given way to the temptations of the cantonments, thereby contracting disease which made him incapable of further work, should, because he wore the King's uniform, for life be saddled upon the State? As a workman who had lived among his own class, he said that it would be a wrong to the community and that the Government had no right to sanction it. If a young engineer went out to India and contracted a disease through falling a victim to temptations, was any fair and good employer to be called upon to make himself responsible for that man for all his life? No, and he repudiated the doctrine that the State was called upon to assume a wide and indiscriminate obligation of this kind.
said the debate had shown in a very marked manner what a striking change took place in the aspect and dimensions of a question between the time when it was brought before the House at the question hour, and the time when it became the subject of a Motion for adjournment. In answer to a Question on Tuesday last the Secretary of State for War stated that the retention of men in military hospitals after their discharge from the Army had been brought to the notice of the War Office last year, but that night they had heard from the same authority that the action he took in regard to that matter was action based on the example of his predecessor in office, and was taken in consequence of a decision arrived at by the late Government. It might be that the late Government had concurred in the view that Netley was not to be used for the reception of incurable cases, but there was a wide difference between that position and discharging men from the hospital after they had been admitted, because it was found that their maladies had not been cured. On the same occasion the right hon. Gentleman stated in answer to a Question that the retention of the men would only cause a charge on the Army Votes of about £3,000 a year, but to-night he figured that it would involve a charge of £300,000 a year. On Tuesday the right hon. Gentleman said that, apart from the cost, the retention of these cases absorbed the hospital accommodation which was required for other soldiers. That statement had been withdrawn to-night. [Cries of "No".] Well, it had been modified now in a very material degree, because the right hon. Gentleman had told the House that while there were 900 beds in Netley Hospital there were only between 300 and 100 patients. He admitted that the statement was qualified by the further information that although there were vacant beds there was no staff, and no means to provide a staff for them. For what was staff required? It was required for the medical care and treatment of the sick. But what was the class of men to whom this Motion for adjournment referred? The right hon. Gentleman said on Tuesday last that the men were not in condition of grave sickness; they were only incurable! The man who was only incurable had not so much need of medical attendance. He needed exactly that which the right hon. Gentleman said he could not give him—the shelter of a home. Therefore, the question of the staff did not enter into the matter in any important degree. These men, according to the right hon. Gentleman's own statement, might be retained at Netley by an expenditure of £3,000 a year. Surely, that was not an immense sum to ask the Government, the House, or the country to grant for such a purpose. The right hon. Gentleman had said, "I am already asking for £2,300,000;" but if such a sum as that was asked for, why not add £3,000 to it? That would settle the question immediately before them. The right hon. Gentleman had only been asked to say that he would suspend the discharge of these men from the Hospital till such time as the House of Commons would give authority to expend the sum of £3,000 necessary for their retention, say, until March next. And this he had refused to do. It was not denied that the men discharged would have to seek a refuge in the workhouse. The House did not realise the extent to which old soldiers were going into the workhouse. They were going there at the rate of 1,500 a year. The right hon. Gentleman recently stated that the number of old soldiers in the workhouse was not known at the War Office. He thought that that admission threw a peculiar light on the methods of the War Office. If the War Office had kept in touch with the old soldiers this Motion would have had more sympathetic treatment at their hands. In his statement to the House on Tuesday last, which differed in many important particulars from his statement to-night, the right hon. Gentleman had said he was doing all in his power to find homes for the soldiers discharged from Netley. It would be well if he would state with some definiteness what steps he was taking in that direction. It would relieve the minds of many who deeply deplored the harsh treatment meted out to the poor men on whose behalf the evening's debate had been raised.
said that his justification for asking the indulgence of the House for a few moments was that when he was Under-Secretary for War he was brought into contact with very similar problems to this, problems which were very difficult to solve. He might say that the actual facts of what a young soldier's life was, was then much present in the public mind, and the Government of that day had to resist immense pressure to commit the State to schemes of pensions which would have involved hundreds of thousands if not millions a year. But, though the Government incurred unpopularity for resisting those claims, they did not resist them all; for they recognised that they must depart from the rigour of the bargain, and that there was an obligation on the State to treat old soldiers with consideration. The speech of the hon. Member for Burnley was calculated to inflame the debate and to prevent the House from giving proper consideration to this case. The hon. Member for Burnley saw no distinction between the soldier in the Army and the soldier of industry. Everybody saw that distinction when we were at war in South Africa. Was it not plain that the man who was paid only 7s. a week, who was under rigid discipline, and who was under a seven years contract which might involve him in spending a large part of his youth abroad under dangerous climatic conditions, and in exposing himself in battle to death and mutilation—was it not plain that such a man was in a peculiar case? Mr. Ruskin in his "Roots of Honour," had put the case that when everything was said against a soldier which could be said, in regard to his drink habits, or impurity of life, yet, when the moment came, he was ready to die for his King and country.
said that he drew a distinction between a soldier on duty in war time and in peace.
said that that distinction was rather a refinement. But the fact was that the soldier entered into a contract which involved all these hardships. Passing that by, however, they had to take the practical view that we needed recruits for our Army. We did not pay them a wage which compensated them for all the accidents which were incidental to their employment, and it was only fair that we should endeavour to make their life as happy as possible while they were in the Army, and show them at least that consideration which we would show to a horse when sick. It was said that his right hon. friend the Leader of the Opposition was not there because he thought that this was a frivolous motion; but that was not the case, the right hon. Gentleman having asked him to express his regret that he was not present. Such cases as these were worthy of occupying the attention of the House for two hours, because they threw new light upon the large and difficult problem of how we were to treat the man who suffered while wearing the King's uniform. The Secretary of State for War had said that they had on the Estimates a considerable sum for Chelsea Hospital, but he also said that all these cases could not be relieved at Chelsea.
said they might also be relieved by what was called a short time pension and in other ways.
said they got very hard cases at the War Office, but they were bound by the rules, as it seemed to him, to pay excessive compensation to one man, and they were debarred in the same way from helping a man whom they would wish to help. In his opinion it was more important that the man who was absolutely disabled and who was an old soldier should be relieved than the raw recruit who met with an accident in the riding school within three weeks of enlisting. When an old soldier permanently incapacitated was sent to a workhouse we gave the maximum of advertisement to an event which we did not wish known and did not wish to happen. That man became an object of public spmpathy, but how vain was sympathy bestowed on an old soldier sent to a workhouse. If such cases could be obviated by an expenditure of £300,000 he hoped the Secretary for War would reconsider this decision. Surely we had not said the last word of wisdom and mercy in this matter. There had been a steady advance during the last few years in the treatment of our soldiers; let not that advance be stayed for £300,000. They were all agreed that Netley Hospital should not be a home for incurables, but these men had been there a long time, and something like prescription arose. It was hard in such circumstances to say, "I made a mistake, and now I must correct it," He would not press that point. He made it to meet the charge that the Party in opposition were responsible for this matter. He had said they were responsible for all rules as to pensions relating to men who were incapacitated whilst serving in the Army. They had made advances when in office with regard to men who were subject to exposure in tropical climates. He asked the right hon. Gentleman not to shut the door and say that, while Secretary for War, he would not reconsider this very small category of cases.
said he would like as one who had listened to the whole of this discussion to give expression to the feelings which had been formed in his mind by it. Expressions had been made use of by the mover and seconder of the Motion to which very little attention had been paid by the subsequent speakers, but which he thought ought to be revived. It was suggested that the reason why this Motion was brought forward was that the Government and those behind them had no care for the Empire and particularly for those whose lives had been given in its defence. That was the definite proposition which was made, as Hansard would show.
I absolutely repudiate that there was any such proposition. I never used such words at all or conveyed any such impression.
said that at any rate that was the impression left upon his mind, and that was followed by a speech from the hon. Member for Westminster, who, starting very carefully, finished up with an almost similar declaration, calling attention to the inhumanity and the breach of humane principles which were involved in the action of right hon. Gentlemen opposite. One would have imagined that the present Secretary of State for War was really the individual who had initiated this particular order.
I never said that.
said that might be so, but the inference was that the present administration were the guilty parties. There was no object in the Motion if the present administration were not guilty. [Cries of "No!"] Well, he was ready to take the alternative and to say that this Motion was really a vote of censure on the late administration. [Cries of "No!] Hon. Gentleman on the front Opposition Benches would not take that alternative. But surely they condemned someone. At all events they would condemn the principle of the order. [Cries of "No!"] Well then, he could not understand the object of the Motion for the adjournment. it seemed, after all, that what they had been doing was simply, like a gang of schoolboys, having a game of marbles. He really thought that this was a serious business, and he thought that when questions were put to-day and during the speeches that a great wrong was being done to men who had served their country well. He understood that that was the proposition. [Cries of "Yes."] Well, who initiated it? If the statement of the Secretary of State for War was correct, and nobody on those Benches had attempted to deny it the recommendation was made by a Departmental Committee during the last administration and acted upon by the late Secretary of State for War. Therefore, if there was any condemnation hon. Gentlemen themselves would have to take it. That seemed to a plain man the natural inference to be drawn from all the statements that had been made. If the statement of the Secretary for War was incorrect, the whole position was changed, but nobody had denied its truth. It was admitted in the very conciliatory speech of the right hon. Member for Dover. The right hon. Gentleman had not had the opportunity of listening to the Secretary of State for War or he would have known at once that he and his friends were responsible for any breach of humane feeling and humane principles. The Opposition Benches were the roost to which the birds came home.
said the hon. Member was unintentionally misrepresenting the speech he had made. But he thought he had made it in a proper spirit.
said he was only a young Member of the House, but he had watched the debates from a more elevated position for many years and he had always understood that a Motion for the adjournment of the House amounted to a censure on the administration for something they had done or for something they had omitted to do. In this case he understood the Secretary of State was wrong for having carried out the policy of his predecessor. In his opinion it scarcely became the members of the Opposition to press that point. He agreed that the soldiers were not fairly treated. But right hon. and hon. Gentleman would discover that those representing the working men in this House who advocated peace on principle, because they thought war was wrong, would be the first to stand up and defend the rights of the soldier. They agreed that the treatment of the soldiers was not right. They agreed that they ought to be treated much better than they were, if it was necessary, as it appeared to be to nations at large, that soldiers should be employed. But it was the late Government who had failed in their duty to treat them well, and if anyone was to stand at the bar it was the men on the Opposition Benches. This discussion had been useful. It had been useful for a purpose which its initiators had not intended. It had shown the House, whatever might be said of the Party opposite or those who sat upon the Labour Benches, that if any cruelty had been perpetrated, it had been perpetrated by the Gentleman who sat on the Opposition Benches.
said the hon. Gentleman who had just sat down had endeavoured to justify the attack he had made on the Motion before the House by defending the Secretary of State for War, and his defence amounted to this, that the right hon. Gentleman was doing that which his predecessor initiated. They had always heard, however, not only from the Press, but from the mouths of Ministers in the House, that right hon. Gentlemen opposite had been placed there to reverse the policy of the late Government. He, at any rate, could claim that in the last Parliament he was not a supporter of many of the schemes of the War Minister in that administration, and his attitude, therefore, was impartial. The House seemed to have lost sight of the history of Netley Hospital. From a Report made upon the institution in 1858, it appeared that, in the view of its founders, it was one of its main objects to shelter soldiers suffering from incurable illness contracted in the service of the Crown. The right hon. Gentleman had said that if they did anything for the cases in respect of which this Motion was made they would be establishing a system which ten years hence would cost the country over £300,000 a year. It was not right, however, that because of their own weakness or by the stress of the work which the nation asked of the soldiers the State should not bear the cost of providing decent and easier conditions for them during their incurable illness, or that they should foist upon some poor parish from which the soldiers came the whole burden which the State ought to bear. Nor would the argument of the right hon. Gentleman be accepted by the country that the soldier had no more right to consideration than a civilian if he suffered from the terrible diseases which were more likely to come to him than to a civilian, or because of long sojourn in India. The right hon. Member for Dover had shattered the miserable arguments of the hon. Member for Burnley, who had tried to compare the soldier to a man who earned wages with a full chance of getting the best possible personal profit out of his earnings. It was absolute nonsense to compare the two cases. He did not suppose the right hon. Gentleman thought this country would be at war for the next year or two, and he had ample time to evolve a scheme, which, without interfering with the necessary arrangements for war time, would obviate the necessity of these men being sent to the workhouse or thrown upon private charity as a recompense for having been soldiers of the Crown. He was satisfied that this debate would arouse a great feeling through- out the country, and would shew those who, on whichever side they sat, were sincere in their desire to make the career of a soldier not only happy and comfortable with the colours, but one which assured him care and relief when an invalid, that they represented the wishes of the great mass of the people.
said he would not like this debate to leave any hon. Member with the idea that the soldier who served his country was altogether neglected and badly treated. From some of the observations addressed to the House one would think that soldiers who had served their country in foreign parts, and who had been wounded, or who had suffered from bad climates in which they had served were left to suffer in neglect. Nothing of the sort. Every soldier who had so suffered was entitled to a pension. Pensions were also granted to those who were disabled in the service but not through service. There wore 550 life pensioners in Chelsea Hospital, and these men had either war or long service, or were afflicted with old age. But pensioners must be men of first-rate character, and only that day the Board had admitted an old soldier eighty years of age on a first application. Two millions were paid annually in the way of pensions through Chelsea Hospital. Nobody would desire that those who served their country in whatever capacity should be found in the workhouse as a result of their service. The extra cost to the country, however, of continuing the Netley policy would be nearer £500,000 a year than £3,000.
said that he had acted as one of the Commissioners of Chelsea Hospital, and he was glad on every occasion to pay a high tribute to the efficiency and value of the work done by that institution. The intervention of the right hon. Gentleman who had just spoken had done something to bring the debate back to the level it attained in the speech of the noble Lord who seconded this Motion. The hon. Member for Stoke had endeavoured to make it a Party question, while the Opposition had made it clear that that was the thing that they wished to avoid. The case involved in the present discussion was one with which Chelsea Hospital could not deal. There had been case after case of this kind presented, and although the Commissioners had neither power nor funds to deal with the cases officially they were yet able by individual efforts, by canvassing among friends and philanthropic institutions, to do a great deal in the way of amelioration. But there was something wrong with a system which threw adrift men who suffered from an incurable disease or a shattered constitution, which ground them under the heel of a merciless and pitiless economy. Would not the right hon. Gentleman be well advised to devote some part of the savings to be gained from the reductions in the Army Estimates next year to providing a system by which men who were incurable might find some home other than the workhouse? Was it economy not to deal with these cases? Our military system depended upon voluntary enlistment, and there was nothing that deterred men from enlisting so much as bad and harsh treatment of old soldiers, and very often it was the best old soldiers who were treated the worst. Was it likely that the best men would enlist when they had in the cases under discussion living —perhaps it would be more correct to say dying—examples of the manner in which diseased old soldiers were treated? He hoped the debate which had taken place would have some weight, because after all it rested with the House to alter the system. When the question came up for revision, he hoped something would be done to remove this blot from our system.
said that one result of this debate would be to warn the young men of Ireland of the treatment they might expect in their old age, if they were foolish enough to enlist. There was a case in the north of Ireland where some men were prosecuted and sent to prison because they had issued and posted certain placards calling upon the young men of Ireland not to join the British Army. There would be no need to go outside the law in future to give warning. All that would be required would be to get a full and true report of this debate, and to circulate it widely throughout the length and breadth of the land. That would undoubtedly show to all whom it might concern the fate that was likely to overtake many of those who in the heyday of their youth unhesitatingly joined the colours and entered the Army—the fate of finding in the end, when their youth and vitality had passed away, and when age and helplessness came upon them, that they were thrown on one side by the State, and left to end their days in the most miserable way in the pauper wards of the workhouse. He was somewhat surprised at the attacks made by speakers on the Opposition side of the House on the Secretary of State for War. One would imagine from those speeches that the right hon. Gentleman was responsible for the system which prevailed, and that what was complained of had taken place since he assumed office. Those who remembered the time when the War Office was presided over by Mr. Brodrick, would remember that the Irish Members brought before him case after case of unfortunate aged and suffering soldiers who were forced into the workhouse in the end of their days. The system which prevailed was a bad system. It was nothing to Irishmen what system was adopted except in so far as it affected their young men, but it was a notorious fact to everybody who had studied the conditions abroad that the treatment meted out to the common soldier in the British Army was exceedingly bad, and, he would say, a disgrace to those concerned. As compared with the treatment given to the common soldiers, the men behind the guns, by the American nation and other countries, there was very little consideration given to them in this country, but there was plenty of consideration given to the general officers, the pets of society. The present Minister for War had inherited the system of his predecessors, and those who had ruled at the War Office for the last twenty years knew that the system was bad. The Secretary of State was not the man to be insensible to the sufferings of any man, but the right hon. Gentleman had said it was a case of money—a matter of some £3,000. The House of Commons did not think of a few thousands when it showered tens of thousands of pounds upon Lord Kitchener and Lord Roberts. [Cries of "Oh!"]. He was endeavouring to put before the House his point of view moderately and without giving offence. Hon. Members who were going to support this Motion for the adjournment professed to be solicitous about the welfare of the poor aged soldiers who were turned out of Netley, and they attacked the present Administration as if the last Administration was not responsible at all; but what did they do or say when it was a question of voting £100,000 to Lord Roberts, and £50,000 to Lord Kitchener? They did not say a single word. He was not saying that, from the last Administration's point of view, the generals were not deserving of reward, but he contended that they had no right to lavish the money of the taxpayers on generals, and leave in existence the system under which these poor soldiers received the treatment now complained of. He remembered that when these large sums were voted to the generals he raised his voice on behalf of the wives and families of the poor Reservists who were in hunger in the towns and villages of Ireland, and he received a pretty good remonstrance from the hon. Member for North Down and his friends, who were then very numerous, and, therefore, could make much more noise than at the present time. He held in his hand the Report of the Viceregal Committee on Poor Law Reform, and he found at page 57 the statement that in the month of January this year there were admitted into the various workhouses of Ireland no less than 1,040 old soldiers. If they were going to get soldiers to fight their battles, let them not, in God's name, flood the workhouses in Ireland, and put this disgraceful burden upon the already overburdened ratepayers and taxpayers of that unfortunate country. He hoped that this debate would be discussed at every cross-roads in Ireland.
Question put, "That this House do now adjourn."
AYES.
| ||
| Acland-Hood, Rt. Hn. Sir Alex. F. | Craig, Capt. James (Down, E.) | Ropner, Colonel Sir Robert |
| Anson, Sir William Reynell | Cross, Alexander | Rutherford, John (Lancashire) |
| Arkwright, John Stanhope | Doughty, Sir George | Salter, Arthur Clavell |
| Aubrey-Fletcher, Rt. Hn. Sir H. | Douglas, Rt. Hon. A. Akers- | Scott, Sir S. (Marylebone W.) |
| Balcarres, Lord | Fell, Arthur | Smith, Abel H.(Hertford, East) |
| Balfour, Rt. Hn A. J(City Lond. | Finch, Rt. Hon. George H. | Smith, F.E.(Liverpool, Walton) |
| Banbury, Sir Frederick George | Forster, Henry William | Starkey, John R. |
| Baring. Hon. Guy (Winchester) | Gibbs, G. A. (Bristol West) | Staveley-Hill, Henry (Staff'sh.) |
| Barrie, H. T.(Londonderry. N.) | Hamilton, Marquess of | Talbot, Rt. Hn. J.G.(Oxf'd Univ) |
| Beach, Hn. Michael Hugh Hicks | Harrison-Broadley, Col. H. B. | Thomson, W. Mitchell-(Lanark) |
| Beaumont, Hn. H. (Eastbourne) | Hay, Hon. Claude George | Turnour, Viscount |
| Beckett, Hon. Gervase | Hervey, F. W. F. (Bury S. Ed'md | Valentia, Viscount |
| Bridgeman, W. Clive. | Hills, J. W. | Vincent, Col. Sir C. E. Howard |
| Bull, Sir William James | Houston, Robert Paterson | Warde, Col. C. E. (Kent, Mid.) |
| Burdett-Coutts, W. | Jowett, F. W. | Wilson. A. Stanley (York, E.R.) |
| Butcher, Samuel Henry | Lane-Fox, G. R. | Wyndham, Rt. Hon. George |
| Carlile, E. Hildred | Law, Andrew Bonar (Dulwich.) | Younger, George |
| Castlereagh, Viscount | Marks, H. H. (Kent) | |
| Cave, George | Meysey-Thompson, E. C. | TELLERS FOR THE AYES—Mr. |
| Cecil, Evelyn (Aston. Manor) | Randles, Sir John Scurrah | T. L. Corbett and Lord |
| Cecil, Lord John P. Joicey- | Remnant, James Farquharson | Robert Cecil. |
| Coates, E. Feetham (Lewisham) | Roberts, S. (Sheffield, Ecclesall) | |
NOES.
| ||
| Abraham, Wm. (Cork, N.E.) | Burke, E. Haviland- | Everett, R. Lacey |
| Abraham, William (Rhondda) | Burnyeat, W. J. D. | Fenwick, Charles |
| Ac land, Francis Dyke | Byles, William Pollard | Ferens, T. R. |
| Agnew, George William | Campbell-Bannerman, Sir H. | Ffrench, Peter |
| Alden, Percy | Carr-Gomm, H. W. | Fiennes, Hon. Eustace |
| Allen, A. Acland (Christchurch) | Causton, Rt. Hn. Richard Knight | Flavin, Michael Joseph |
| Allen, Charles P. (Stroud) | Channing, Francis Allston | Fuller, John Michael F. |
| Armstrong, W. C. Heaton | Clarke, C. Goddard | Fullerton, Hugh |
| Astbury, John Meir | Clough, William | Gill, A. H. |
| Atherley-Jones, L. | Cobbold, Felix Thornley | Gladstone, Rt. Hn Herbert John |
| Baker, Sir John (Portsmouth) | Collins, Sir Wm.J.(S.Pancras, W) | Glendinning, R. G. |
| Baker, Joseph A.(Finsbury, E.) | Corbett, C.H(Sussex, E. Grinst'd | Greenwood, G. (Peterborough) |
| Baring, Godfrey (Isle of Wight) | Cory, Clifford John | Greenwood, Hamar (York) |
| Barlow, Percy (Bedford) | Cotton, Sir H. J. S. | Grey, Rt. Hon. Sir Edward |
| Barnes, G. N. | Cremer, William Randal | Gulland, John W. |
| Barry, E. (Cork, S.) | Crosfield, A. H. | Gurdon, Sir W. Brampton |
| Beale, W. P. | Crossley, William J. | Haldane, Rt, Hon. Richard B |
| Beauchamp, E. | Dalziel, James Henry | Hammond, John |
| Beaumont, Hn. W. C.B.(Hex'm | Davies, David (Montgomery, Co | Hardie, J. Keir (Merthyr Tydvil) |
| Beck, A. Cecil | Davies, Ellis William (Eifion) | Harmsworth, Cecil B. (Worc'r) |
| Bellairs, Carlyon | Davies, Timothy (Fulham) | Harwood, George |
| Benn, W.(T'w'r Hamlets, S. Geo. | Davies, W. Howell (Bristol, S.) | Haslam, James (Derbyshire) |
| Bennett, E. N. | Delany, William | Haworth, Arthur A. |
| Berridge, H. T. D. | Dewar, Arthur (Edinburgh, S.) | Hazel, Dr. A. E. |
| Bertram, Julius | Dobson, Thomas W. | Hedges, A. Paget |
| Bethell, J.H. (Essex, Romford) | Donelan, Captain A. | Hemmerde, Edward George |
| Billson, Alfred | Duckworth, James | Henderson, Arthur (Durham) |
| Birrell, Rt. Hon. Augustine | Duncan, C.(Barrow-in-Furness) | Herbert, T. Arnold (Wycombe) |
| Brace, William | Duncan, J. H. (York, Otley) | Higham, John Sharp |
| Branch, James | Dunn, A. Edward (Camborne) | Hobart, Sir Robert |
| Brigg, John. | Dunne, Major E. Martin(Walsall | Hogan, Michael |
| Brodie, H. C. | Edwards, Frank (Radnor) | Holden, E. Hopkinson |
| Brooke, Stopford | Elibank, Master of | Hooper, A. G. |
| Bryce, Rt. Hn. James(Aberdeen | Erskine, David C. | Horniman, Emslie John |
| Buchanan, Thomas Ryburn | Esmonde, Sir Thomas | Horridge, Thomas Gardner |
The House divided:—Ayes, 61; Noes 259. (Division List No. 390.)
| Howard, Hon. Geoffrey | Morgan, G. Hay (Cornwall) | Shipman, Dr. John G. |
| Hudson, Walter | Morgan, J. Lloyd(Carmarthen) | Simon, John Allsebrook |
| Hyde, Clarendon | Morrell, Philip | Smeaton, Donald Mackenzie |
| Illingworth, Percy H. | Morse, L. L. | Smyth, Thomas F. (Leitrim, S.) |
| Isaacs, Rufus Daniel | Morton, Alpheus Cleophas | Snowden, P. |
| Jackson, R. S. | Murphy, John | Soares, Ernest J. |
| Johnson, John (Gateshead) | Murray, James | Spicer, Sir Albert |
| Johnson, W. (Nuneaton) | Nicholls, George | Stewart, Halley (Greenock) |
| Jones, Leif (Appleby) | Nicholson, Chas. N. (Doncaster | Stewart-Smith, D. (Kendal) |
| Jones, William (Carnarvonsh.) | Norton, Capt. Cecil William | Strachey, Sir Edward |
| Joyce, Michael | Nussey, Thomas Willans | Straus, B. S. (Mile End) |
| Kearley, Hudson E. | Nuttall, Harry | Stuart, James (Sunderland) |
| Kekewich, Sir George | O'Brien, Kendal(Tipperary Mid | Sullivan, Donal |
| Kennedy, Vincent Paul | O'Brien, Patrick (Kilkenny) | Summerbell, T. |
| Kitson, Rt. Hon. Sir James | O'Dowd, John | Taylor, Theodore C. (Radcliffe) |
| Laidlaw, Robert | O'Kelly, Conor (Mayo, N.) | Tennant, Sir Edward(Salisbury) |
| Lamb, Edmund G. (Leominster | O'Malley, William | Thomas, Sir A.(Glamorgan, E.) |
| Lambert, George | O'Mara, James | Thomasson, Franklin |
| Lamont, Norman | O'Shaughnessy, P. J. | Thompson, J. W. H (Somerset E) |
| Layland-Barratt, Francis. | O'Shee, James John | Tomkinson, James |
| Leese, Sir Joseph F.(Accrington | Parker, James (Halifax) | Torrance, Sir A. M. |
| Lehmann, R. C. | Partington, Oswald | Trevelyan, Charles Philips |
| Lever, A. Levy (Essex, Harwich | Paul, Herbert | Ure, Alexander |
| Lever, W. H. (Cheshire, Wirral) | Pearce, Robert (Staffs. Leek) | Verney, F. W. |
| Levy, Maurice | Pearson, Sir W. D. (Colchester) | Villiers, Ernest Amherst |
| Lloyd-George, Rt. Hon. David | Philipps, Owen C. (Pembroke) | Vivian, Henry |
| Lough, Thomas | Pickersgill, Edward Hare | Walker, H. De R. (Leicester) |
| Lundon, W. | Price, C. E. (Edinb'gh, Central) | Wallace, Robert |
| Lupton, Arnold | Radford, G. H. | Walsh, Stephen |
| Lyell, Charles Henry | Rainy, A. Rolland | Walters, John Tudor |
| Macdonald, J.M.(Falkirk B'ghs) | Raphael, Herbert H. | Ward, John(Stoke-upon-Trent) |
| Macnamara, Dr. Thomas J. | Rea, Russell (Gloucester) | Ward, W. Dudley-Southampton |
| Macpherson, J. T. | Redmond, John E. (Waterford) | Wardle, George J. |
| MacVeagh, Jeremiah(Down, S.) | Redmond, William (Clare) | Wason, Eugene (Clackmannan) |
| MacVeigh, Chas, (Donegal, E.) | Rees, J. D. | Wason, John Cathcart(Orkney) |
| M'Crae, George | Renton, Major Leslie | Waterlow, D. S. |
| M'Kean, John | Richards, T. F.(Wolverh'mpt'n) | Watt, H. Anderson |
| M'Killop, W. | Rickett, J. Compton | Whitbread, Howard |
| M'Micking, Major G. | Ridsdale, E. A. | White, J. D. (Dumbartonshire) |
| Maddison, Frederick | Roberts, G. H. (Norwich) | White, Luke (York, E.R.) |
| Mansfield, H. Rendall (Lincoln) | Roberts, John H. (Denbighs.) | Whitehead, Rowland |
| Marks, G. Croydon (Launceston) | Robertson, J. M. (Tyneside) | Whitley, J. H. (Halifax) |
| Marnham, F. J. | Robinson, S. | Whittaker, Sir Thomas Palmer |
| Mason, A. E. W. (Coventry ) | Robson, Sir William Snowdon | Williams, J. (Glamorgan) |
| Massie, J. | Rogers, F. E. Newman | Williamson, A. |
| Meagher, Michael | Rose, Charles Day | Wilson, Henry J. (York, W.R.) |
| Meehan, Patrick A. | Rowlands, J. | Wilson, W. T. (Westhoughton) |
| Menzies, Walter | Runciman, Walter | Younger, George |
| Micklem, Nathaniel | Samuel, Herbert L. (Cleveland) | |
| Molteno, Percy Alport | Samuel, S. M. (Whitechapel) | TELLERS FOR THE NOES—Mr. |
| Montagu, E. S. | Seaverns, J. H. | Whiteley and Mr. J. A. |
| Montgomery, H. G. | Seely, Major J. B. | Pease. |
| Mooney, J. J. | Shackleton, David James |
Land Tenure Bill
Postponed proceeding on Amendment proposed on consideration of the Bill, as amended, resumed.
Question again proposed, "That those words be there inserted in the Bill."
Motion made, and Question, "That the Debate be now adjourned"—( Mr. Whiteley)—put, and agreed to.
Debate to be resumed To-morrow.
Whereupon Mr. SPEAKER adjourned the House without Question put, pursuant to the Resolution of the House of the 4th August last.
Adjourned at ten minutes after Eleven o'clock.