Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
The Land Commission sometimes heard these appeals at length, though
usually their proceedings were summary in the extreme. The Commissioners
occasionally pronounced well-considered judgments, on the difficult
questions of law that came before them, especially as regards the
exemption of tenants' improvements from rent; in several instances the
results were curious. The lay Commissioner now and then dissented from his
legal colleagues; his plain common sense rejected theories in tenants'
interests; his decisions were more than once confirmed, on these points of
law, by the highest Court of Appeal in Ireland, a circumstance of no
slight significance. Nineteen-twentieths, however, of these appeals were
conversant only with the amount of 'fair rent,' as to which the
conclusions of the Land Commission could not be challenged. The Land
Commissioners undoubtedly heard these cases, and sometimes had much
evidence brought before them; in tolerably many instances they varied the
'fair rents' fixed by the Sub-Commissions, if these variations were seldom
important. But the Land Commission practically adopted, with scarcely a
single exception, the errors of principle and the faulty methods which had
marked the practice and the proceedings of the Sub-Commissions.[115] They
excluded the element of competition from the subject of 'fair rent;' they
never attempted to define 'fair rent,' or to establish a standard by which
to gauge it; they disregarded, to a considerable extent at least, the
distinction between the rentals of the old and the new landlords; they
paid little or no attention to the fact that rents had been paid for many
years without an increase; they hardly ever took deterioration into
account, or the expenditure made on their estates by landlords. And in the
actual fixing of 'fair rents' they virtually followed in the wake of their
inferiors; they rejected, as a rule, the evidence that was most relevant;
they refused to consider the rents of adjoining or neighbouring lands, in
a word, the price of the market, in determining rent; above all, they gave
scarcely any heed to the enormous sums paid for the tenant right of lands,
as an indication that their rents were 'fair.' On all these particulars,
in a word, supremely important as they were, they almost said ditto to the
Sub-Commissions; in these respects the appeals were well-nigh useless. It
should be added that the animus of the head of the Land Commission was
significantly exhibited on one striking occasion. When opening the
proceedings of the Land Commission, Mr. Justice O'Hagan pointedly laid it
down, that the object of the Act of 1881 was 'to make tenants live and
thrive;' in other words, as Lord Salisbury indignantly remarked, to compel
rent to gravitate to the level of the most indolent and worthless Irish
peasant, and practically to discourage industry.
Public-domain text, read in full here on John Shaqi.
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