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Written Answers

Volume 10: debated on Tuesday 7 September 1909

Madras Civil Service (Mr. P. Kershasp).

asked the Undersecretary of State for India whether he has received a Report regarding the case of Mr. P. Kershasp, of the Madras Civil Service, who was reduced from the rank of sub-collector in connection with the riot at Guntur; whether the inquiry into his conduct was formal and public; whether distinct articles of charges were drawn up and read to him; whether, in other respects, effect was given to the principles laid down in Act 37 of 1850 for regulating inquiries into the conduct of public servants not removable without the sanction of the Government; whether, under Standing Order No. 133 of the Madras Board of Revenue, Mr. Kershasp was told of the evidence and arguments in support of the charge before he was required to defend himself; and whether, if the proceedings were not in accordance with the above regulations, the Secretary of State will move the Madras Government to reconsider its decision in the case?

The Secretary of State has received a Report on the case of Mr. Kershasp. The inquiry into his conduct was held not under India Act 37 of 1850, but under Madras Act 5 of 1893 "for facilitating inquiries into matters connected with the administration of the Revenue and into the conduct of public servants." Mr. Kershasp appears to have been duly furnished with copies of reports and evidence. The Secretary of State sees no reason for his reconsideration of this case.

asked whether Mr. Kershasp, a Parsee gentleman, who was sub-collector and joint magistrate at Guntur, was removed to an appointment of less executive responsibility by the Madras Government for having left the scene of a riot which was to his knowledge at the time taking place; whether it is not competent to a local government to take such action as this without holding any inquiry or assigning any reason, whenever it considers such a step necessary in the public interests; and whether, since Mr. Kershasp's conduct was pessimi exempli, the Secretary of State will consider whether some more exemplary punishment by the Madras Government is called for in this case?

The action of the Madras Government in this case was taken after an inquiry conducted under the provisions of Madras Act V. of 1893, and was quite within their powers. The Secretary of State sees no necessity for intervention.

Petition to India Office (Irregular Procedure).

asked whether a petition has yet been received from one Jamiatrai Bhojwani; and whether any orders have been passed on it?

The memorial was received, having been forwarded irregularly, that is direct to the India Office by the memorialist. In accordance with the rules it was returned to him on 16th July last in order that it might be forwarded through the local Government and the Government of India.

Bombay Meeting and Transvaal Indians.

asked the Under-Secretary of State for India whether he has any information as to the cancellation of a meeting called by the sheriff of Bombay at the request of its citizens for the purpose of protesting against the treatment of the Indians in the Transvaal?

The Secretary of State has no official information on the subject. He has seen a report in the Press to the effect stated; the reason given an that report for the decision of the Government of Bombay was that they thought that the passing of the South Africa Union Bill made such a meeting under the auspices of a Government official undesirable.

Burns-Hartopp Estate, County Kerry.

asked the Chief Secretary can he state what steps, if any, have been taken by the Congested Districts Board in connection with the improvements on the Burns-Hartopp estate, Waterville, county Kerry, to build the bridge over the river near Inchees, which was promised last year?

The Congested Districts Board intend to erect a large bridge at the place mentioned sufficient for the requirements of the few tenants who need it. These tenants were informed last month that the work would be carried out as soon as other and more urgent work had been completed.

Evicted Tenant (Valentia Island, County Kerry).

asked the Chief Secretary whether he can state what steps, if any, have been taken to secure the reinstatement of Denis Sullivan, an evicted tenant, now living at Dohilla, Valentia Island, county Kerry, in his former holding on the island?

The Estates Commissioners have not received any application for reinstatement from Denis Sullivan in reference to a farm on Valentia Island, county Kerry.

Bowen Estate, Kildorrery.

asked the Chief Secretary whether the Estates Commissioners propose, under the provisions of the Evicted Tenants Act of 1907, to acquire the untenanted lands on the Bower estate, Farahy, Kildorrery, seeing that this estate is under the control of the Court of Chancery, and that the lands in question are required to provide for evicted tenants and others in the neigh-bourhood?

The Estates Commissioners will consider whether this is a case in which they could acquire the lands under the compulsory provisions of the Evicted Tenants Act, with a view to providing farms for evicted tenants under that Act.

Reputed and Imperial Measures.

asked the Chancellor of the Exchequer whether he can state if, under the Finance Bill, a reputed quart is the same liquid measure as an imperial quart; and, if not, what percentage of difference there is between them, and can he state where the public can obtain a standard reputed quart measure?

A reputed quart is not the same liquid measure as an imperial quart. A reputed quart bottle has been recognised for a very long period as being generally used for wines and spirits, and in several Acts where quantities of wine or spirit are referred to the contents of one dozen reputed quart bottles are taken as being equivalent to two gallons, so that the quantity contained in one reputed quart bottle is estimated at one-sixth of a gallon. There is no standard reputed quart measure, and the quantity contained in a bottle sold as a reputed quart is not invariably quite the same.

Qualifications and Pay of Valuation Surveyors.

asked the Secretary to the Treasury if the only professional qualification for valuation surveyors for the new Department, necessary under the land clauses of the Finance Bill, will be Fellowship of the Surveyors' Institution; and if he will consider the necessity of requiring of all applicants for these appointments experience and knowledge of valuations and real property and real estate as well as a theoretical knowledge of surveying.

I cannot at present add anything to my reply on 31st ultimo to a similar question by the hon. Member for South Hackney.

also asked the Secretary to the Treasury if the Gentlemen who are to be appointed as surveyors and valuers under the new Government Department under the land clauses of the Finance Bill will receive permanent appointments; if they will be paid by fees or by fixed salaries; and how many appointments it is intended to make?

I beg to refer the hem. Member to my reply on the 31st ultimo to a similar question by the hon. Member for North-West Lanark.

Pay of Post Office Assistants.

asked the Postmaster-General whether, in view of the fact that the Select Committee's Report made no provision for the rates of pay of Post Office assistants in London, he will state what are the salaries proposed to be paid to the assistants who may be employed at the Upper Baker-street office?

The assistants employed at the Upper Baker-street office will be paid at rates somewhat in excess of those recommended by the Select Committee for similar officers employed at provincial offices in Class I. As in the cases dealt with by the Committee, the amounts vary according to the age and sex of the individual concerned.

Army Commissions to Volunteers.

asked the Secretary of State for War how many commissions in the Regular Army were given to Volunteers during the late South African War; and how many of these officers are still serving?

One hundred and thirty-eight commissions were given, and 80 of the officers are still serving.

Irish Survey (Royal Engineers).

asked the hon. Member for South Somerset, as representing the President of the Board of Agriculture, in view of the approaching completion of the revision Survey of Ireland, if he will cause all transfers to the Irish Survey of young men of the corps of Royal Engineers to be discontinued and sent back to their regiment, and thus avoid the necessity of discharging trained assistants of long service and recognised efficiency?

No, Sir; the adoption of this suggestion would involve an alteration in the organisation of the Ordnance Survey of a character which would be detrimental to the best interests of the Survey and of the public service.

Earby Urban District.

asked the President of the Local Government Board whether he has yet come to a decision regarding the Report, which has been under his considera- tion since before 3rd August, 1909, of his inspector, Mr. A. G. Drury, upon the inquiry into the subject of constituting Earby a separate urban district; and whether he can now say what is the nature of his award?

I propose to issue an Order confirming, subject to certain modifications, the order of the county council in the matter referred to. I sent a draft of the Confirming Order to the county council on the 20th August, and have since been in communication with them regarding it.

Rivers Pollution Acts (West Yorkshire).

asked the President of the Local Government Board whether he has received a communication from the West Riding of Yorkshire Mill Owners' Association requesting him to suspend the administration of the Rivers. Pollution Acts until Parliament can find time to alter the existing law, and thus enable these mill-owners to continue to pour their trade effluents into the streams of the West Riding; whether he proposes to accede to this request; and, if so, whether he will state upon what grounds the members of this particular association are to be exempted from conforming to Acts of Parliament by constructing similar purification works to those which have been constructed at divers times during the last 15 years by other manufacturers within the same administrative area?

I received a communication from the association urging that it is undesirable that I should give consent to proceedings by the West Riding Rivers Board, or that local inquiries should be held in relation to proposed proceedings, until the further Report of the Royal Commission on Sewage Disposal has been received and legislation has been decided upon. This communication was made to me in consequence of my having directed inquiries to be held with respect to application made to me in certain cases for consent to proceedings being taken by the Rivers Board. I have not felt able to accede to the request of the association, and I have directed that the proposed inquiries shall take place.

Coal Smoke in West Ham.

asked the President of the Local Government Board whether his attention has been drawn to the fact that during the last eight years the Coal Smoke Abatement Society has made 3,222 complaints to the West Ham Corporation of the emission of black smoke from the factories within the area of the corporation without that authority taking legal action in any instance; whether such complaints and the failure of the corporation to discharge the duties imposed upon it by The Public Health Act, 1875, have been submitted to the attention of the Local Government Board; whether it is competent for the Department to take upon itself the powers and duties of a defaulting local authority; and whether any action has been taken, or will be taken, in the matter?

I am aware that the society have made numerous complaints to the town council on this subject. The latter have, I understand, served a number of notices calling for abatement of the nuisance, but I do not gather that they have proceeded for penalties before the justices. The Local Government Board have from time to time brought this matter under the notice of the town council. The Board are not empowered to take upon themselves the powers and duties of a local authority who have made default in relation to nuisances under the Public Health Act, 1875, but they could authorise an officer of police acting in the district to institute proceedings if the default of the authority was proved to their satisfaction. Any officer so appointed, however, would have no greater power to take action than is conferred by the Act on any person aggrieved by the nuisance, or any inhabitant of the district, or any owner of premises within it.