CHAPTER XX

AGRICULTURAL DEVELOPMENT

In all kingdoms this first and original art [agriculture]—this foundation of all others—must be pursued and encouraged, or the rest will faint and be languid.—ARTHUR YOUNG.


The most important practical reform of all is to make the land more productive, to put it to the most profitable use. By profitable use we do not mean using it so as to bring the owner the largest return in money per acre, aiming at the largest net profit by reducing expenditure as much as possible and growing whatever will fetch the highest price at least cost of production. The really useful object is to lay out and use all the land of the country in such a way as to produce the greatest aggregate of commodities which are of real intrinsic value for use or which can be exchanged for useful commodities coming from other nations; in particular to produce in our own country as much wholesome food as possible, and in so doing to support as large an agricultural population as possible in reasonable comfort and health. To grow in our own country a larger proportion of the food we consume is necessary, first, in order to meet our own needs from our own internal resources, and so reduce the amount which has to be paid to other countries for the commodities they supply; secondly, in case of war, to avoid the risk of starvation and reduce the strain on the Navy and on the Mercantile Marine due to the necessity of bringing the larger part of the essential food of the country overseas and also, what may be equally important, to avoid the distress which may be caused owing to the country being unable to provide the means of payment for the immense proportion of the food required which must be brought from overseas. It was long ago pointed out that the "trades by which the British people has believed it to be the highest of destinies to maintain itself cannot now long remain undisputed in its hands."

The next object is to increase the agricultural population. It has been found again and again in other countries as well as our own that a large and healthy agricultural population is essential to keep up the physique of a nation. The town folk tend to decay unless constantly replenished by influx from the country. One good effect of the War has been to direct attention to the vital importance of this subject, and careful inquiries have been made and useful steps taken which have had the effect of greatly increasing the home production of food.

The subject is treated clearly in a popular way in a book published in 1917 on Agriculture after the War by Sir A.D. Hall, now secretary of the Board of Agriculture, and in fuller detail in the report of a committee of which Lord Selborne was chairman. The report was published at the beginning of 1918; some of the proposals have been already acted upon, others will no doubt be the basis of future action by the Board of Agriculture and the Ministry of Reconstruction.

Before the War the imports of food less re-exports amounted to about 229 millions annually, or, to put the case in another way, about half of the total food consumed in the British Islands was brought overseas; but "if the most essential foodstuff, wheat, is considered, less than one-fifth of what we required was produced in the country." The position was one of terrible insecurity; but for the efficiency of the Navy the country would have been starved into complete submission in this War, and its prosperity and liberty would have been lost for ever. After the War the financial question of the continued ability of the nation to pay for the food we require is probably the most serious we have to face. The first remedy for the existing state of things is the increase of tillage. Assuming that the same pecuniary profit can be obtained by using any land for tillage as for pasture or other purposes, it is obvious that it is right to do everything possible to get that land devoted to tillage, first, as national insurance for the reasons above stated, and, second, to support a larger population under healthy conditions. One of the great causes of discontent, of vagrancy, and of distress in the sixteenth century was certainly the conversion of large tracts which had formerly been arable into pasture land, because the land laid down as pasture would produce a larger profit to the owner though it supported a much smaller population and required far less labour. A considerable portion of the rural population was thrown out of employment and the supply of food was diminished. Again and again the decay of the agricultural population has been the ground of complaint. Goldsmith speaks of it beautifully and pathetically in the "Deserted Village," and the process went on, becoming year after year a greater national peril; but the Government and Parliament seemed to care little about it, so that even during the last forty years, according to the statement of Sir A.D. Hall, "the productivity of the land of Great Britain as a whole has declined." Although a far larger rent might be obtained from the wealthy who use a great part of Scotland for shooting than could be obtained from crofters, national welfare demands that it should be used for crofts and to raise the population which has supplied our armies with many of the finest soldiers and the whole Empire with many of its best colonists. Of course, there are large tracts of such a character that people cannot support themselves in tolerable comfort by tilling them, and it is better that land of that kind should be used for sheep if possible, and, in cases where even this is impossible, for deer forests or grouse moors, subject to reasonable public rights of access.

Among the measures which may be taken to increase the home production of food the following may be mentioned:—

1.—Improved farming or intensification of agriculture under the existing system. It is admitted that English, and perhaps still more Scottish, farming at its best is admirably conducted. Fortunately, very many of the large landowners are themselves keenly interested in agriculture and take a pride in promoting it. It is perhaps not generally known what a useful and valuable trade the country carries on in the export of pedigree stock. The prices obtained for the best bred British bulls, rams and boars are very high. An extension over all suitable parts of the country of the highest type of British farming would add to the wealth of the country immensely.

Connected with this subject is the promotion of agricultural education, and along with that of agricultural research. Very great advances have been made of recent years, and it would be an utterly false economy to starve productive work of this kind. It ought to be held a disgrace for a country landowner not to have some knowledge of agriculture and interest in it.

2.—Industrialised farms, i.e., the organisation of large farms to be managed as business enterprises under the control of a general manager. If farming was thus carried on on a large scale machinery would be employed to its full advantage, and there would be economy in buying and selling wholesale and avoiding waste in preparing for and placing commodities on the market. The most highly trained, skilled and energetic management would be obtained for farms of this kind. It is to be noticed that, although some commodities can equally well be produced by small culture, it is generally only on a large scale that cereals can be profitably cultivated.

3.—Co-operative farming.—The subject is one of special interest, as co-operative farming in some form was historically the basis of the whole system of society in many countries. Experiments in co-operative farming may be tried with advantage. They may take various forms. It will, no doubt, be found that in certain branches of farming, such as dairy farming in some districts, co-operative action is almost necessary to success. The experience of Denmark has shown how much can be done to keep up a definite standard in butter, for example, by sending milk to some large, well-equipped and well-managed dairy. Such establishments have also far better opportunities for dealing with transport and distribution.

4.—Colonies of Small Holdings.—It is to be hoped that when the troops are demobilised, and the Small Holdings Acts are put into fuller operation, the number of small holdings will be increased. A population of independent yeomen is the best reservoir of the manhood of any country. No finer race has existed than the statesmen who cultivated the small farms among the hills of Cumberland and Westmorland.

5.—There is a great deal of land, both on the seashore and in inland districts, which might be reclaimed.—The cost of such work would be heavy, but the return in greater aggregate production and in providing means to support a larger country population would be most important. This question will be alluded to briefly in Chapter XXI.

6.—Important industries, such as basket-making and many others, might be carried on in rural districts along with their principal work by those engaged in agriculture or horticulture, just as Swiss peasants by wood carving, when agricultural operations are impossible, produce a number of articles for which there is a substantial demand in other countries.

7.—Last, and perhaps the most interesting and important step of all, is to increase allotments. The demand for allotments, both by the agricultural population in rural districts and by the urban population who are engaged in industrial or even in commercial pursuits in the forge towns, is very keen. The effect of the War and the more pressing need for home-grown food have stimulated the demand, and in trying to meet it, both the Board of Agriculture and private individuals and local authorities have done splendid work, which ought to be recognised as one of the most beneficial movements which have taken place within living memory. More than seventy years ago William Howitt called attention to the advantages derived from the system of urban allotments adopted near his own town of Nottingham, and attention has been subsequently drawn to the subject, but its importance was not fully realised until the outbreak of the War. An enormous advance has already been made, and if the right steps are taken for securing more permanence of tenure, and for obtaining land on fair terms near to the homes of the workers, a far greater and more lasting advance will be made. The number of allotments in England and Wales before the War was about 570,000. It is estimated that now there are upwards of 1,400,000. The urban allotments have increased enormously, an interest has been added to the lives of many workers; their supply of wholesome food of their own growing has been increased and the health of these urban workers promoted. At present the total area taken up by allotments is about 200,000 acres. If half of these are devoted, say, to growing potatoes and produce an average of seven tons per acre, the allotment holders in England and Wales would this year grow "700,000 tons of the most essential war-time crop practically on the spot where the crop is to be consumed." It appears that, taking the whole of England and Wales, there was an allotment holding for one household in twelve before the War. On May 1st, 1918, one household in five held an allotment. In the county boroughs before the War one household in thirty-two possessed an allotment, now the proportion is one household in nine, and the process is going on. It is the most encouraging development, whether looked at from the economic point of view or from the point of view of national health and happiness, that has taken place within living memory. The urban allotments are regularly worked by persons who are engaged in various forms of industry during the greater part of their time, and it is found that the allotments must be small, usually about fifteen to an acre. They ought to be as near as possible to the homes of the people who work them. One of the reasons pointed out for the slow development of the system, even where it has been so successful as in Nottingham long before the War, was the distance of the allotments from the homes of the workers. In town planning there should be an attempt wherever possible to arrange for allotments close to the new small dwellings which are erected. It will be essential, however, to insist (i) on more permanent tenure for those who work their allotments properly and keep them in good condition; (ii) that the land required should be obtained on reasonable terms. Some landowners have themselves voluntarily taken the matter in hand, but in other cases compulsion will be necessary, and, as already stated, it will be right that where the land has been agricultural or vacant land, bringing in a small or even no return, the price or rent paid for it should be based on its agricultural value plus some reasonable addition, and not on the enormously enhanced value of the land as land which has become building land owing to the growth of the urban population in the neighbourhood. It will be desirable to arrange by co-operative or municipal action for the supply of seeds, plants and fertilisers, and also for the sale of any surplus produce not required by the holder for his own use.

The admirable work which is being done by the Board of Agriculture in encouraging allotments ought to be recognised and supported in every possible way.


CHAPTER XXI

AFFORESTATION

Thou, too, great father of the British floods, With joyful pride survey'st our lofty woods, Where towering oaks their growing honours rear And future navies on thy shores appear.—ALEXANDER POPE.


We shall use the word afforestation here to denote the steps to be taken for promoting the growth of timber on a large scale. The original sense in which it is employed in any historical or legal work is quite different. There it means turning a track of land into a forest, and a forest did not mean land covered with timber trees, but a "certain territory of woody grounds and fruitful pastures, privileged for wild beasts and fowles of the forest to rest and abide in," in "the protection of the King for his princely delight and pleasure." It was subject to special jurisdiction, and special officers were appointed over it "to the end that it may the better be preserved and kept for a place of recreation and pastime meet for the royal dignity of a prince." The Forest Laws were oppressive, and for the purpose of afforestation many wrongs were committed. In the Crown forests, like Epping Forest and the New Forest, there were a number of commoners who had special rights of pasture and of taking certain things from the forest, such as firewood "that might do them good." It is by the assertion of such ancient rights of common that Epping Forest has been preserved as a place of recreation for the people of East London, and that so much of the New Forest remains open land. The latter is a source of perennial enjoyment to those who visit it, and maintains the successors of the old forest commoners in prosperity, due largely to the fact that they can graze ponies there and feed pigs on the acorns and beechmast. Whatever steps are taken to promote the growth of timber—and much has been done from time to time in the New Forest with that object—it is important that these valuable common rights should be preserved, and that the value of open lands for the health and recreation of the people should not be overlooked.

The need for systematic action and for the Government to take steps to promote the growth of timber in the United Kingdom has been pointed out from time to time. The Board of Agriculture in 1911 drew up a memorandum pointing out that "British forestry was far behind that of other leading European States," and that "the growing of timber had never in this country been recognised as a business"; that "there had been no continuity of policy with regard to it." When the War broke out it appears that only eight per cent, of the total amount of timber required for home use was grown in the United Kingdom, ninety-two per cent, had to be brought from oversea. The War showed how perilous and how costly a thing it is to neglect home production of necessaries.

When all our shipping was required for other purposes, it was a most serious matter to take up tonnage with a cargo so bulky as timber, occupying probably more ship space in proportion to its value than any other. More timber was required for huts and sheds, for railway sleepers, and a variety of other purposes. For the construction of aircraft special kinds of timber were needed. The demand for pit props in enormous quantities was urgent and continuous. At the same time the loss of shipping through submarine action became very serious. Fortunately our French Allies had been more provident in conserving and promoting their home supplies. Forestry in France had been carefully fostered by the Government. To take one example alone, the Landes, the district near the coast between Bordeaux and Bayonne, which had once been a region of dreary marsh, shifting sand, or scanty pasture, had been turned into splendid forest by wise forethought a century ago, and yielded great supplies of valuable timber. Science has pointed out many ways in which small and waste wood also can be used for the production of a number of substances necessary in peace and still more urgently required in war. The Landes country was noted for its production of rosin. Thousands of cups into which it exudes from cuts in the trees are to be seen when passing through the forests in that region.

Shortage of tonnage during the War made it necessary to use the home supply of wood of the United Kingdom to the fullest extent. A controller of timber supplies was appointed, though, as usual, rather late in the day. Under his energetic management a very large part of the timber needed was obtained in this country. It was essential to get all that was possible, but the result is inevitable "that we shall have to face a period in which production will be much below even the low figure which it had reached before the War. Not only have mature crops been felled in all parts of the United Kingdom, but thousands of acres of young or immature woods have been felled for pit-wood and other purposes, or have been thinned to a degree which renders clearing and replanting absolutely essential."

One painful result has also been to deprive certain places of the beautiful trees which gave the countryside there its special charm. There is no plainer case for taking in hand the question of reconstruction at once, for framing a clear policy as to the steps to be used to repair the losses caused by war, and to ensure that in the future we shall not be so completely dependent on supplies from abroad through neglect of the possibilities of production at home. A Committee, under the chairmanship of Mr. F.D. Acland, was appointed in July, 1916, "to report upon the best means of conserving and developing the woodland and forestry resources of the United Kingdom, having regard to the experience gained during the War." The report of that Committee, dealing with the whole subject, was issued in 1918, and is a model of clear statement, and a mine of information made readily accessible. It gives a full survey of the present position, and sets forth a "forest policy recommended" which is definite and worked out in detail. The Committee find that "the timber position at home is bad, that prospects of supply from abroad are becoming doubtful, that ample supplies in time of emergency are a national necessity of the very first importance, that they can only be secured for certain if the timber be grown at home, and finally, that it is essential for the State to take a very much more active part in forestry than it has been content to take in the past." State action is becoming, perhaps, too much the fashion—free individual action is generally far better—but in this matter, which is one of "national insurance," State action is necessary, and reasons of a conclusive character are given—such as the long period required before the crop can be matured and any return obtained, and the uncertainty as to the future conditions and factors on which its ultimate profitableness will depend—showing why the matter should be taken in hand by the State. Such action would, of course, not exclude individual or local action; indeed, private enterprise might also be helped by the State in many ways, including the giving of expert advice and making the results of the best scientific research available to all.

The work of afforestation would provide a healthy and suitable employment for discharged soldiers who preferred a country life to resuming their occupations in towns. The number taking up forest work, however, would probably be very small. There are also some branches of forest work which would be suitable for partially disabled soldiers. A very interesting scheme has been framed for establishing forest nurseries on reclaimed lands. One specially suitable site has been suggested on the shore of the River Kent at the head of Morecambe Bay, near Grange-over-Sands, where land was reclaimed after the making of the Furness Railway. The reclaimed land would be suitable for a forest nursery for raising young trees. The soil is light, so the work would be healthy and would not be too strenuous. The scheme has been worked out in detail, and an attractive description of it is given by Mr. Mawson. There are other places where reclaimed land or other land with light and suitable soil might be used for such nurseries. Partially disabled men might also be trained for the lighter kinds of forest work, such, for example, as the "marking of thinnings." It is of a technical character, but does not involve any serious physical strain.


CHAPTER XXII

LAW REFORM

I should not be an advocate for the repeal of any law because it happened to be in opposition to temporary prejudices, but I object to certain laws because they are inconsistent with the deliberate and permanent opinion of the public.—SIR JAMES MACKINTOSH.


Compared with some of the other great questions involved in Reconstruction, mere reforms in the law may often seem almost trivial, but they have the advantage of being easier to handle than social and economic reforms. It is not so difficult to state exactly what is wanted, to embody the proposals in definite shape in a Bill, and to pass it if the Parliamentary machine is properly used. The incapacity of Parliament to deal with remedial legislation embodied in a Bill clearly drawn is often exaggerated. A reform merely in Parliamentary procedure would go far to remedy the existing congestion. A case could be quoted from very short Parliamentary experience where a private member, surprised at getting first place in the ballot, adopted a friend's suggestion to attempt a long-needed practical reform. The subject has too much technical difficulty to be explained here, but the Bill was drafted in an hour or two, passed the House of Commons early one afternoon without alteration, and the House of Lords with slight verbal changes. It became law in two or three weeks, and the Act is now used with beneficial results in the Courts almost daily. A real injustice was prevented and practical inconvenience removed, but the measure was nearly wrecked by some theorists who wished to extend the principle of the Bill logically, as they said, but in a manner which would have made it virtually unworkable, without benefit to a single human being. A small matter, but instructive.

Much may be learned from the procedure of Grand Committees. In some, at least, the average length of speeches is about three minutes, and they are confined to the definite point in hand. Members vote according to their view of the merits, knowing what they are voting about, and may defeat the Government without causing a political crisis. A case has occurred where the representative of the Government, who knew little of the subject in question, was left in a minority of one against a solid vote of the rest of the Committee. "Downstairs" the point might have been decided the other way by a score or two of members rushing in, as Sir George Trevelyan once described it, "between two mouthfuls of soup," asking, "Are we Ayes or Noes?" and shepherded into a division lobby accordingly.

Another step needed to aid Law Reform would be the appointment of a Minister of Justice, whose business it would be to consider proposed reforms, to see that they were put into proper shape and to assist in getting them passed. The same Minister might have the duty of attending to arrangements for the convenient and prompt administration of justice, but should have no judicial functions of any kind and should not interfere in any way with the action of the Courts. It is impossible to guard too jealously against substituting decisions of any department of Government for the law of the land as declared and administered by the regular Courts of Justice. Mr. Samuel Garrett, the President of the Law Society, dealt with the question very fully in January, 1918, in an address which has since been published. We may view the establishment of another new Ministry with something like horror, but a strong case is made out for it here. Definite functions are suggested for such a Ministry, and it is probable that it might in the long run save expense as well as promote efficiency. Mr. Garrett very forcibly says:

"Law Reform hangs fire for want of an officer of State armed with the power of conducting the necessary inquiries and investigations, and supplying the necessary driving force to initiate and prepare the requisite legislative measures and to pass them through Parliament, and with strength to overcome the vis inertiae of a preoccupied and ill-informed public and the active opposition of vested interests. Without such an officer the cause of reform is hopeless." It is now and in the immediate future that such reform is, and will be, most pressing. A reformed is naturally also a reforming Parliament as it was after 1832.

There are a large number of reforms in the law which ought to be taken in hand at once. The nature of the amendments needed is clear; all that is required is that they should be brought in proper form before Parliament, and that the Government should use its influence to get them passed. It would be difficult for the Lord Chancellor to see to this work efficiently and regularly along with his other duties, and it is certainly impossible for the Law Officers, whose duty it is to represent the Crown in the Courts and to advise the Government on questions of law, to undertake this duty. It could be done if a capable solicitor or barrister who had experience of cases relating to property, not just a successful advocate but a lawyer well acquainted with the practical difficulties which make amendment in the law desirable, were put in charge of the work.

It is a complete mistake to imagine that devolution to other bodies of the legislative powers of Parliament would do what is required in this respect. Such a delegation as regards many subjects would make confusion worse confounded. Questions relating to marriage and personal status, naturalisation, the law of companies, all branches of commercial law, the law of contracts, and the law relating to devolution of property, should be dealt with by one body, whose aim should be to assimilate the law on these subjects over as wide an area as possible. Endless trouble, litigation and uncertainty arise from an unnecessary variety of laws on such subjects as these. It would be well, indeed, with regard to such subjects, to endeavour to assimilate the law of the Colonies and of the Mother Country, and to enter into negotiations with other countries to facilitate their commercial intercourse by enacting similar laws on subjects of this kind as far as may be.

It is impossible, without taking up too much space and entering too much into technical detail, to do more than indicate in general terms some of the reforms in the law which demand early attention. The following may be given as examples:

(1) The complete revision of the Statute Law, consolidating the law on each subject as far as possible, and in some cases amending it at the same time. The present state of English Statute Law is a disgrace to any civilised nation. There are subjects on which it is almost impossible to say what the law is, owing, amongst other causes, to the pernicious habit of legislation by reference from one statute to another. Judges, the legal advisers to parties in litigation, clerks to local authorities, and others, ought to have in compendious form before them the whole Statute Law on a subject under discussion. Much good and very laborious work has been done under the direction of the Committee on Statute Law, but their duties should be extended and fuller facilities afforded for more complete and more rapid revision. These powers should include that of presenting at the same time to Parliament minor incidental amendments in the Statute Law which would remove doubts and inconsistency, and get rid of obsolete provisions. Either a Minister of Justice or one of the existing Ministers along with his other duties should be definitely responsible for seeing that the work is done without undue delay or expense. Probably a small Joint Committee of Lords and Commons might consider any cases where amendments were made, and, if they approved of the revised and consolidated Statutes, the Committee stage in both Houses might be dispensed with, and a single reading of the Bill of revision or even merely "to lay it on the table" would be quite sufficient to preserve the general authority of Parliament over legislation of this kind. A small executive department should be established under the direction of the Minister for dealing with all details and drafting the proposed Bills. There should be a permanent head of such a department with a small but efficient staff and proper accommodation for carrying on the work, which would be continuous, in order not only to put but to keep the Statute Law in proper form. The head of such a department should have a very free hand as regards the mode of carrying on the work, subject to certain general regulations laid down as to the scope of his duties, and the expense that might be incurred, and the department should be free from some at least of the ordinary conditions relating to the Civil Service. With the advantage of existing experience, such a department might be constituted on sound lines within a week or two, and its work would result in saving time and trouble to Courts, to local authorities, to private individuals, and to various government departments themselves. The cost of such a department would be covered over and over again by the improvements effected. It is a comparatively small matter, but the lines of action are so clear and so definite, and it would be so easy to make the necessary arrangements in a few days, that it might be taken as an example of the way to effect a reform promptly.

The huge mass of emergency legislation which has come into existence since the War would no doubt require separate consideration. That exceptional legislation will have to be revised and almost the whole of it repealed, in some cases at once and in others within a short time after the close of the War. This question is already engaging the attention of the Government. It is not an easy task, but the transition to freedom should be made as rapidly as possible. The action to be taken, however, in many cases, will very closely affect trade, and in these cases the question is not one primarily for lawyers; even the officials with most experience will require the advice and guidance of those who know each trade practically. The more anyone in the discharge of official duties learns of the course of trade in any commodity the more he will recognise the necessity for practical knowledge of the conditions of that trade, and the futility of attempting to deal with any question affecting it without hearing those who have been actually engaged in it. What an intelligent open-minded man might expect to happen is very often exactly what does not in fact happen. It is tempting to give concrete examples which have forced themselves into notice, but limitation of space forbids.

(2) The law on certain subjects should now be codified. This is a different question from the revision of the Statute Law and the introduction of something like order into that chaos. It is, however, probable that a general codification now would do harm, and there are strong grounds for contending that Case Law, with its capacity for growth and adaptation to new conditions as they arise and to unforeseen circumstances, is often more convenient and indeed more scientific than a code. Criminal Law, however, at least so far as it relates to indictable offences, ought to be embodied in a definite and complete code, and in the process of codification certain amendments might be made.

(3) The law as to murder and homicide, for example, urgently requires considerable amendment. The present state of the law classing together as murder acts of totally different character and decreeing the punishment of death for all alike is most unsatisfactory, and in some cases revolting to the moral sense. The whole doctrine of "constructive murder" should be done away with, and only those acts treated as murder and punishable with death where the accused intended deliberately the death of his victim, and was not acting under great provocation or under the kind of mental distress or anxiety which might be reasonably supposed to affect his—it might indicate the usual nature of such cases better to say "her"—judgment and power of control.

There are also a number of alterations in the law relating to the devolution of property, and to personal status which ought to be made by the new Parliament at an early date. Most of them have been suggested long ago, but as no party capital was to be made out of law reforms, such reforms have generally been neglected unless taken up by a Lord Chancellor or some other legal authority with political influence. A few of these alterations may be enumerated.

(4) The devolution of real estate in case of intestacy should be assimilated to that of personal estate. The present state of the law is often a great injustice, especially to women, and women will now be in a position to demand its amendment. If a man dies intestate, leaving a wealthy son and half a dozen daughters quite unprovided for, the son takes all the real property, and the daughters may be left penniless, but if the property happens to be leasehold for 1,000 years, the daughters share equally. The present state of the law is a survival of the time when ownership of freehold land implied personal service.

(5) Estates tail might be abolished or at least alienation of such estates made simpler.

(6) Copyhold tenure with its inconvenient incidents should be converted into freehold.

(7) Both as a means of raising revenue, and to prevent useless litigation without in any way discouraging thrift or disappointing legitimate expectations, the State should take the whole property as to which anyone dies intestate without leaving near relations. The whole subject of Death Duties needs reconsideration; a mere increase of these duties all round would cause intolerable hardship in some cases and would discourage people from attempting by careful foresight to make provision for those dependent on them, but when very large sums devolve on death to persons who are not dependents, the State might take a much larger portion of a deceased person's property than it does at present. If a multi-millionaire dies without leaving a wife or lineal descendants, there would be no hardship in taking fifty per cent. of his property—not devoted to charitable purposes—for the State. It would not be difficult to frame provisions to meet the possibility of settlements being made to evade the duty.

(8) Legitimation by subsequent marriage would remove many cases of great hardship, and might aid in inducing fathers to recognise their duties to children for whose existence they are responsible, and also to the mothers of such children.

(9) A regular form of legal adoption should be provided by which, subject to some form of public sanction to secure that the adopting parents are fit and able to take such responsibility, persons might give children, whom they desire to adopt, a recognised legal position. The losses caused by the War make this question one of increased practical importance.

(10) The reform of the law as to marriage ought not to be longer delayed. The question has already been carefully considered by the Commission of which Lord Gorell was chairman. This subject will, no doubt, provoke controversy, and it is impossible to discuss it fully here, but delay may have serious consequences.

The above incomplete list will be sufficient to indicate in a fairly definite way some of the work that has to be done in Law Reform. It is certainly a heavy task, but in almost all cases the lines on which reform could be carried out are clear, and it only requires that the matter should be resolutely taken in hand. If a small expert committee to consider each branch of the subject and draft the necessary Bills were appointed, or some Minister were made definitely responsible for attending to such matters, and if the procedure in Parliament were reformed as suggested, the congestion in Parliament need not prevent these reforms from being carried through rapidly.


CHAPTER XXIII

PURIFICATION OF POLITICAL LIFE

Find us men skilled, make a new Downing Street fit for the new era.—THOMAS CARLYLE.


No one will imagine that the long list of questions that have been mentioned covers the whole field of reconstruction, still less that the answers suggested are complete. Some of the suggestions made may be fruitful, others not. Enough has been said to show how huge that task is, and how it will need for its accomplishment all the knowledge and wisdom, and all the energy available. It is, therefore, clear that every proposal which may be made must be examined on its merits, not as it affects any party or personal interests, and that those who are elected to decide or appointed to deal with any matter shall in each case be chosen because of their fitness for the work assigned, not because their influence or support may be useful to any party or coterie.

Political life from bottom to top must be purified if reform is to be carried out on just and sound lines. On this question plain speaking is essential. For some time elements of corruption have been growing up in English politics, which it will be one of the first duties of the electorate and of a new and reformed Parliament to get rid of. The very word "politician" has become a term of contempt. The country is alive to the evil and ought to insist that it shall be promptly dealt with. The task is not an agreeable one. Those who have anything personally to gain or to lose in political life will naturally shrink from it. At the same time, nothing is worse than to overstate the case, and nothing easier than to create an atmosphere of suspicion without definite evidence. Directly the word "purity" is mentioned in any sense, there is a tendency to put forward something startling, "to pander to the lust for the lurid." It would be an excellent thing to put a tax on the use of adjectives, at all events in the discussion of any question of politics or morals, as fines are sometimes imposed for the unnecessary or offensive expletives employed as a common form of emphasis.

One or two definite changes could be made which would go far to promote political purity. (1) No "honour" should be conferred on any Member of Parliament while he retains his seat there. It ought to be considered sufficient honour to belong to that assembly. Gratitude to a Government for personal favours of this kind, either already conferred or to come, should not enter as a disturbing element affecting a man's political action. There is much to be said for the rule that acceptance of an office of profit under the Crown vacates a seat in the House of Commons. The rule should apply to the acceptance of any honour. Perhaps an exception might be made allowing a limited number of members, who had served at least ten years in Parliament, to be placed on the Privy Council on the advice of a Select Committee of the House. Such a course would strengthen the Privy Council by the addition of experienced men who had won the respect of their fellow-members irrespective of party, but had never taken office. An appointment so made would neither be the reward of docility or assiduity in attending divisions, nor a prophylactic against too critical tongues; it would be a mark of respect from those whom long association had given the means of judging. There are some men in every Parliament whose high character and unobtrusive work through a long period of service have won the special regard of their fellow-members, even though opposed to them in politics, and an opportunity of expressing that feeling would be welcomed. The selection would be a real honour, and would be bestowed in recognition of independence of character and steady useful work. Peerages might still be conferred on the advice of the Prime Minister, as a peerage renders the recipient incapable of sitting in the House of Commons, and the existence of Ministries does not depend on votes in the Lords.

(2) The party whips ought to have nothing to do with the conferment of honours of any kind, whether on members of the House of Commons or others. The considerations which must be uppermost in the mind of a whip, whose duty it is to fill the division lobbies for his party, ought not to affect the fountain of honour.

(3) The accounts of the party associations ought to be published. It may be right for well-to-do people who feel keenly on political questions to contribute to help party organisation, to aid in providing the money necessary to enable promising men, who have not the means for paying their own election expenses, to contest a seat and to enter Parliament. There is nothing derogatory to a candidate in accepting assistance of the kind. Many men who were unable to fight an election without it, would prefer to have it openly stated that they had received such assistance. Why should a young man whom a poor constituency would like to adopt, and who can only afford, say, £100 towards the cost of contesting a seat, object to his constituents knowing that the balance had been found from funds provided by others who wish well to the cause he is advocating? If the system is wrong, let it be abolished; if right, why try to preserve secrecy?

(4) No one should be allowed to contribute to party funds who has received a peerage or other "honour" within a given period, and if anyone has contributed to such funds before receiving an honour the amount paid should be publicly announced. Everyone has heard, and anyone acquainted with what goes on could give instances, of cases where a contribution has been asked from those whose services to the community are supposed to be recognised by some title of honour.

A change is needed in the method of selecting candidates. Two examples will illustrate the kind of thing that takes place.

A.B. had made a respectable fortune in a well-known and useful business, and retired to a comfortable home in Parkshire. His practical good sense and knowledge of affairs had made him a useful member of the county council, and he was a regular supporter of all benevolent movements in the district. A vacancy was expected in the parliamentary representation of the neighbouring borough of Slowcombe, and A.B., feeling the call to a larger sphere of usefulness—prompted also by Mrs. A.B., for whose charming social qualities the society of Slowcombe was unable, and the antiquated exclusiveness of Parkshire families was unwilling, to afford sufficient scope—desired to fill the vacancy. The party managers were approached, and were delighted to find so suitable a candidate, provided that A.B. would agree to spend at least £—— a year "in nursing the constituency," which was unable to move without such nursing. It is better not to name the amount asked lest it should lead to a painful identification of the real name of the place, and also because it was so large that it would be discredited by all except the unfortunate candidates for similar places. A.B. was compelled to answer, "It is more than I can possibly afford," and added in his own mind, "Would it be right if I could?" He has had to console himself with growing roses and breeding pigs, and attending the county bench; no doubt in every way a valuable member of society, but the larger sphere of usefulness is closed to him.

Dyeborough is a town where business methods are better understood. The late member having resigned, the chairman and agent for one party, greatly exercised as to the means of providing for the expenses of attending to the register and maintaining local interest in the principles of the party, and in the "great cause" which it supports, wisely communicated with "headquarters." As to what passes there, religious silence should be observed. There is no evidence available, and to pry into such mysteries were profane, but shortly afterwards it is announced that Mr. X., with the highest recommendations, will address the association. The local managers are quietly informed that he is willing to pay all expenses of the local organisation, to subscribe to the party clubs, and to spend money freely in the constituency. X. appears from Weissnichtwo with a bevy of carpet bags and some heavy cheque books. He is a man of business, has "made money"—meaning usually acquired money of other people by any means not forbidden by law. The oratorical arts which served to influence prospective shareholders are sufficient to fill the prepared caucus with at least an appearance of enthusiasm, and the open-minded candidate has sufficient democratic sentiment to adopt every plank in the party programme, or "any other damned nonsense" that he thinks will be agreeable. The virtuous Dyeborough yields to the golden shower, and embraces the charming stranger. It takes his subscriptions with content, and watches his career with pride. A far-seeing sporting man offers two to one that in three years the new member will be recognised by a title—of course a "marketable title" suggests a lawyer—but no one is rash enough to take up the bet. (No wonder that Proportional Representation or any other proposal which would interfere with the working of such a convenient system is rejected by the party politicians.) Everyone has been satisfied. The local party managers have been relieved from all anxiety, the local charities and political clubs add handsome subscriptions to their lists, headquarters and the whips have—to put the case mildly—not diminished their funds, and can reckon on a safe seat and steady vote. X. has entered on a career of public service marked at each step by successive honours. The only drawback is that if he should be translated to "another place," it would be found that the borough had become accustomed to such a scale of expenditure from its member that "no one but a very rich and ambitious man would venture to come forward as a candidate there." It offers, however, a splendid chance for a Socialist who can make unlimited promises as to the benefits that he and his friends could confer by taking the money of other people and distributing it in a liberal spirit. As for X., we must see that talents so pre-eminent are not lost to the State, and if no Ministerial office is vacant we must create one, and ask no questions as to its cost or the nature of its operations.

Could these claims on the purse as a condition in the selection of candidates be prevented, a great step would be taken towards purifying political life. If the question were resolutely faced, the abuse could be stopped. The late Lord James, when in charge of the Corrupt Practices Bill, was told that the stringent clause limiting election expenses would wreck his scheme. He persisted, and afterwards said that it was that clause which did most to help the Bill through, because so many country gentlemen who had suffered through agricultural depression gave it their hearty support as affording a means of freeing them from the extortionate claims of a set of persons who used an election to obtain money for imaginary services to the unfortunate candidates.

To read in the various biographical memoirs and reminiscences which have been published during the last twenty years how Cabinets have been put together, may amuse the cynical and evoke interest in those who watch politics as a game, but is painful to the citizen who wishes to see the country well governed, and who suffers if it is not. Sometimes, indeed, the formation of a Ministry seems more like the distribution of loot among successful campaigners, or a tactical disposition of the officers for continuing a contest than the provision of the best means and selection of the best men for each part of the work of governing the country.

In spite, however, of some glaring instances where such appointments have led to disaster or serious loss, the result has, on the whole, been not so bad as might have been expected. Those who have won their way in the open conflicts in Parliament and the country have been men who have played a fair game according to the rules. Their personal characters have stood high. Dishonourable action has been rare, almost unknown. As a rule, the abilities of those called to the Front Bench have probably been rather above the average among the country gentlemen, lawyers and men of business who have been associated with them; a few have shown conspicuous ability; most by experience of affairs soon gain a special aptitude in dealing with them. Anyhow the open recognition of party claims publicly recognised is infinitely better, as Burke urged, and history from his day to ours proves, than backstairs influence or merely personal ties, and still more than using official position as a tribute to wealth, and the advantages which wealth can confer on those who do it homage. It is the system which is to blame, not the men to be condemned. Those who denounce the members of a Government most fiercely would be only too happy to accept an invitation to meet them at dinner. Ask the most eloquent writer of philippics who has known, say a score of Ministers on both sides personally, and who is reasonably tolerant, modest and candid, which of them does he believe really to be either a knave or a fool; he will answer, "None, though I am not quite sure about X." We all have our ineradicable antipathies. Fortunately there is something forensic about English political contests. The astonished client sees the advocates who have been hottest in conflict walking away arm in arm. We must make allowance for the requirements of the forum, and at the same time be thankful that while there may be something rotten in the state of politics, those who become prominent in political life are honourable men. To some it may seem half an insult to state the fact, but the kind of talk both public and private too frequently heard to-day makes it necessary to insist upon it. Even Members of Parliament on the opposite side are as a rule quite respectable citizens. To maintaining a correct attitude of antagonism too close knowledge of opponents may sometimes be a hindrance, and it was not without reason that one engaged in a violent controversy on being told that if he knew Y., his antagonist, he would be sure to like him, replied, "That is the reason why I have always refused an introduction to him."

Lastly, when the right men have been selected, they should be supported, their acts and proposals, of course, criticised if necessary, but not made the subject of perpetual and irritating nagging, or dull refusal to understand and appreciate what they are doing and aiming at. They may not expect gratitude. Most people learn in the course of life that recognition given and gratitude shown for any work done varies inversely as the trouble they have taken, and the difficulty of the task, even if it has been successfully carried through, but while they are engaged in it they must claim not to be hindered and thwarted in their work by those who can prove that every possible way of doing something which must be done is wrong, but never show the right way to do it. It is marvellous how some of those in the most responsible positions manage to get through their business at all in face of the constant sniping of those who, like the Scots elder in the story, can neither work nor pray, but can "object." The splendid service rendered to the country by the present Prime Minister in bringing about a unity of command was carried through in face of bitter and persistent opposition set up both by those who claimed to be guarding the proper position of the military profession, and also by those who do not regard victory in the War as an object of their desire.

In the earlier part of 1918, when speaking of a question above mentioned to one whose services had been called for by the State to meet special difficulties, the conversation somehow turned to speaking of our ages, and he, said of himself: "I wish I were twenty years younger, that I might see the results of what is going on now." It is the natural attitude of the true worker to think of the "far goal." He has been called away in the midst of his work, and "from this side" will not see what is to come in these next twenty years, but the history of this age will be very incomplete if it does not record and show the deep significance of the fact that one who undertook a task bristling with difficulties, affecting the daily life of almost everybody, subjecting it to many restraints, who never felt under "an obligation to the popular," won more general regard—it might fairly be said affection—than any other Minister in so short a time. But if the nation appreciated the Minister, we may be sure that the Minister appreciated the nation which accepted inconveniences and restraints with so little grumbling and such ready acquiescence.

Does not everything point to the fact that one of the most necessary reforms is to appoint as Minister for each department the most capable man to do the work required there, one who has the knowledge and foresight to direct aright, instead of looking round to see which of the various offices to be filled will satisfy the "claims" of such and such a politician?

Above all, we want to see the Government of the country kept free from the influence of financial rings or of commercial organisations which may exercise an undue power in determining national policy. Patriotic feeling may be exploited to promote the self-interest of sections of the community. Those who direct the State should never be involved, whether directly or indirectly, in schemes which have for their object the acquisition of individual gain at the expense of the nation as a whole.