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 c.u.mberland and Westmorland.
5.--_There is a great deal of land, both on the seash.o.r.e 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 princ.i.p.al 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 munic.i.p.al 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 sh.o.r.es 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 a.s.sertion 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 s.p.a.ce 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 quant.i.ties 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 pa.s.sing 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 sh.o.r.e 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 pa.s.s 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, pa.s.sed 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 a.s.sist in getting them pa.s.sed. 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 subst.i.tuting 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 pa.s.s 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 pa.s.sed. 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 a.s.similate 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 a.s.similate 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 s.p.a.ce 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 const.i.tuted 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 ma.s.s 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 s.p.a.ce 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 circ.u.mstances, 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 cla.s.sing 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 a.s.similated 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