Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
The Land Commissioners, but from a different point of view, might have
learned something from Parnell in this matter. They were, no doubt,
harassed by the prospect of the task before them; but had they taken a
certain number of 'test cases,' and investigated them as a Court of first
instance, they would have laid down principles to be followed in the
fixing of 'fair rent;' have explained these in well-considered judgments,
going over the whole field of inquiry; and, so far as in them lay, have
tried to do justice. Even if they had not adopted this course, one of
their members, as the Act of 1881 provided, might have taken part for some
time with their subordinates in the adjustment of rent; this would have
been in accord with Mr. Gladstone's assertions that the Land Commission
was to be the real arbiter of rent. Unfortunately the Commissioners acted
quite otherwise; their conduct, palliate as you may, was an abdication of
a plain duty, on the plea that they were overwhelmed by the work before
them. Not one of them ever sat in a Court of first instance to fix 'fair
rents;' they delegated this the most important of all their functions to
their Sub-Commissions, to which they thus committed the charge of
adjusting rent throughout the whole of Ireland. These Sub-Commissions
formed Courts, each composed of three members, one a legal Commissioner
and two laymen; the Sub-Commissioners were nominees of the Government,
whether appointed on the recommendation of the Land Commission or not is
not certain; the only qualifications for the legal Commissioners were that
they should be barristers or solicitors of six years' standing, and for
the lay Commissioners that they should have some knowledge of land. These
were strange tribunals to deal with property worth hundreds of millions;
but this was only a part of what must be called a scandal most
discreditable to those responsible for it. The Sub-Commissioners, one and
all, were much underpaid; their salaries were inadequate to secure fitting
men; and, one and all, they were at the sufferance of the men at the
Castle, liable to be dismissed at a moment's notice, and without the
independence which is the best guarantee of justice. Some of the
Sub-Commissioners, indeed, were only paid for the job, by the day; they
had, therefore, a direct personal interest to reduce rents, in order to
make work for themselves and to retain their places. Even in Ireland such
tribunals were never set on foot, since Cromwell assembled his Courts of
Claims to give their sanction to his huge forfeitures; that they were ever
thought of is one of the many proofs of the disregard shown to property in
land in Ireland. No wonder that it was significantly remarked: 'The whole
spirit of our judicial institutions suggests that officers with such
extensive powers should be selected with the greatest care and with
reference to their possession of high qualifications, and that they should
Public-domain text, read in full here on John Shaqi.
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