Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
To make this plain, let us glance back at the principles which assuredly
ought to have been kept in view, in coming to sound conclusions on the
subject of 'fair rent.' It will be seen that the Sub-Commissioners either
gave little or no attention to these, or directly violated them in,
perhaps, tens of thousands of cases. They have never attempted to
establish some kind of standard, which would form a general measure of
'fair rent;' they have completely ignored the definition of Mr. Law,
precise and most valuable as it was; they have treated 'Griffith's
valuation' as though it did not exist; they have regarded the Report of
Mr. Gladstone's Commission, declaring that Ireland was not excessively
rented, as mere waste paper; they have apparently taken hardly any account
of the well-known distinction between the low rentals of the great and old
landlords, and the rack-rents too often exacted by purchasers under the
Encumbered Estates Acts. So, too, it would seem, they have refused to
consider the strong presumption that rents would be 'fair' if not raised
during a long series of years, and if reasonably well paid, within that
period; and they certainly have given no real weight, as an element in
adjusting rent, to the agricultural progress made by Ireland since the
Great Famine. Innumerable complaints have been made against their
decisions as to the exemption of tenants' improvements from rent; but my
belief is that they gave great attention to this subject; the wrong that
has been done was owing to the difficulty of the law, and of its
application to given cases; and the law, besides, was not, I think, just.
On the correlative and most important question of the deterioration of
farms through the default of tenants, they have hardly ever inquired into
this; they have repeatedly done the landlords wrong; they have made grave
and palpable mistakes; and in many instances they have made no allowances
for the expenditure of landlords upon their estates. Having thus refused
to follow the principles which ought to have been their guide, they have
widely deviated in the actual fixing of 'fair rents' from rules and
methods they should have observed and made effective. They have given too
much weight to the class of evidence that was least important and most
open to question; they have attached little and sometimes no value to the
class of evidence by far the most trustworthy, and that ought to possess
the greatest influence. This has especially been the case, as we shall
see, with respect to the sums paid on the transfer of farms, the strongest
possible indication that their rents must be 'fair,' on the ordinary
principles of human nature, and giving the purchasers credit for the
simplest common sense.
Public-domain text, read in full here on John Shaqi.
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