Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
These are grave charges against quasi-judicial bodies; let us see if they
are not completely justified. The Sub-Commissioners, I have said, have
taken no heed of Mr. Law's definition of 'fair rent;' but they have acted
as though they set it at defiance; they have ignored the principle of
competition in fixing 'fair' rents. Unquestionably, as Mr. Law pointed
out, a deduction should be made from a competition rent, regard being had
to 'the tenant's interest,' that is, to his rights in respect of
improvements, and perhaps to his rights on account of his tenure, a lease
renewable every fifteen years, when a 'fair rent' is being fixed on his
farm; but why the very idea of competition, that is, of market value, was
to be excluded as an element in estimating 'fair rent,' is what men of
common sense have never understood. This, in fact, was a portentous
mistake, with consequences of a far-reaching kind; you might as well argue
that because two partners had an interest in a fee simple estate, or two
peasants had each a share in a cow, the price of the land or the cow was
not to depend on what would be given for it at an auction mart or a county
fair. Yet this was a position the Sub-Commissions have always taken; they
have always insisted that competition had nothing to do with 'fair rent.'
The evidence on this subject is conclusive; I can only take a few samples
from the statements of a cloud of witnesses, who really seem to make a
boast of their faith. Colonel Bayley, a Sub-Commissioner of large
experience, has laid it down that the 'difference between a competition
rent and the fair rent would be more than 20 per cent.; it would, I
think, be more than that; there would be between 30 and 75 per cent.
difference between the fair rent and the competition rent.'[96] Mr.
Roberts, another Sub-Commissioner, has deposed to much the same effect:
'Decidedly, I believe that if the land was put in the market it would
bring 25 per cent. more than the rent I put on.'[97] So, too, Mr. Bailey,
a legal Sub-Commissioner, very much respected, has alleged: 'It would be
most misleading to take the evidence of letting value in the
neighbourhood, thus bringing in competition value, which we rigorously
exclude in fair-rent cases.'[98] Mr. Bomford, a well-known
Sub-Commissioner, has said, in much the same sense: 'We do not take the
competition rent, and cannot take it into consideration, when fixing what
the fair rent should be. Then you utterly exclude, when you come to the
fixing of the fair rent, the element of competition?--Yes, except in one
matter, when we have town parks.'[99]
Public-domain text, read in full here on John Shaqi.
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