A dozen or fourteen years ago the questions attempted now to be answered

were put much more frequently than at present. In the last days of the

first Gladstone Administration and the earliest of the second Government

of Mr. Disraeli, Liberals were looking for other worlds to conquer; and

many of them, not venturing upon such bold courses on the land question

as have since been adopted by even moderate politicians, fastened their

attention upon the waste lands and the game laws. No great results came

from the movement; other and more striking questions forced themselves

to the front; and we are almost as far from a legislative settlement of

the two just mentioned as in the days of a more restricted suffrage.

This is the more surprising because the points named are of practical

importance to the agricultural labourer, and the agricultural labourer

now holds the balance of political power. But it is not likely that this

state of quietude upon two such burning topics will long continue, for

the country voter is certain soon to profit by the example of his

brethren in the towns, and to demand that his representatives shall

attend to those concerns immediately affecting his interests.

And first as to the question of waste lands. Town-bred theorists who

have never walked over a mile of moorland are apt sometimes to talk as

if all the uncultivated land in the country was in that condition

because of the wicked will of those who own it, and to argue that, if

only an Act of Parliament could be secured, the waste lands would

blossom like the rose. They have the same touching faith in the efficacy

of legislation as had Lord Palmerston when he put aside some difficulty

with the exclamation, "Give me an Act of Parliament, and the thing will

be done." But facts are often too strong for legislation, however well

intentioned and skilfully devised, and those about much of our waste

land come within the list.

A large portion of uncultivated land is mountain and moor, the greater

part of which it would be impossible to make productive at any price,

and the remainder could not be turned to account under a sum which would

never make a profitable return. Those who think it an easy matter to

cultivate waste land should visit that portion of Dartmoor which is

dominated by the convict establishment. There they would see many an

acre reclaimed, but, if they were told the cost in money and labour,

they would be convinced that, were it not for penal purposes, both money

and labour might be put to better use elsewhere. And if it be argued

that the State should step in and advance all that is required to

cultivate such waste as can by any possibility be brought under the

plough, it must be asked why the taxpayer (for in this connection the

State and the taxpayer are one and the same) should add to his burdens

for so small a return.

But there is, without doubt, a large amount of land in this country

which now produces nothing, and which could be made to produce a deal.

That which is absorbed by huge private parks, scattered up and down the

kingdom, forms a great portion of this; and though, for reasons which

are mainly sentimental, one would not wish to see all such private parks

turned into sheep-walks or turnip-fields, there is the consideration

that property--and peculiarly property in land--has its duties as well

as its rights, and that those who wish to derive pleasure from the

contemplation of large spaces of cultivable but not cultivated land, and

in this way prevent such from being of any direct value to the

community, ought to pay for the privilege. The rating of property of

this kind at the present moment is ridiculously low; it should at least

be made as high as if the land were devoted to some distinctly useful

end.

As with parks, so with sporting lands. The rating of the latter is

utterly inadequate; and although it maybe true that much of the land,

especially in England, devoted to sporting purposes, is of little value

for anything else, it is equally true that a great deal of it,

particularly in Scotland, is fit for cultivation, and that tenants have

been cleared from it to make room for deer and grouse. In all cases

where the land would have value if cultivated, the owner ought to be

made pay as if that value were obtained, seeing that for his own

pleasure he is depriving the community of the chance of obtaining

increased food. It would be too drastic a measure to adopt the Chinese

method of hanging proprietors who did not till cultivable land; but many

a landowner, if made to feel his duty through his pocket, would do that

duty rather than pay.

From the question of sporting lands to that of the game laws is a very

short step. It may be that we have heard less of the latter during the

last few years, because the Hares and Rabbits Act, passed by the second

Gladstone Government in the first flush of its power, has done much to

reconcile the tenant-farmers to the present state of things, by removing

the grievance they most keenly felt.

The Act referred to provides (to quote Mr. Sydney Buxton's summary)

"that every occupier of land shall have an inalienable right to kill the

ground game (hares and rabbits) concurrently with any other person who

may be entitled to kill it on the same land; that the ground game may

only be killed by the occupier himself or by persons duly authorized by

him in writing; that the use of firearms is confined to himself and one

other, and they may only be used during the day; that those authorized

to kill the game in other ways (poison and traps, except in

rabbit-holes, are prohibited) must be resident members of his household,

persons in his ordinary service, and any one other person whom he

employs for reward to kill the game; that tenants on lease do not come

under the provisions of the Act until the termination of their lease."

This was such a concession to the tenant-farmers that it is little

wonder that those of them who had groaned under the ground game should

have felt generally satisfied with it; and although a wail has been

going up from certain sportsmen that if the Act be not speedily amended

the hare will become as extinct as the mastodon, it is not the least

likely to be altered in the direction they wish. If amended at all, it

will be so as to bring winged game within its provisions.

No one acquainted with rural life can doubt that the game laws, as at

present administered, are a fruitful source of demoralization and crime.

They demoralize all round, for they pollute the seat of justice by

allowing such game preservers as are county magistrates to wreak

vengeance upon all who transgress upon their pleasures; they lower the

moral standard of the gamekeepers, whose miserable employment turns them

into spies of a peculiarly unpleasing description; they make the rural

police a standing army for the preservation of game; and they consign to

gaol many a man who, but for these laws, would be honest and free.

Such as would see justice most openly travestied should sit in a country

police court and hear game cases tried. Let them notice the ostentatious

fashion in which some magistrate, while a summons in which his game is

concerned is being heard, will (as is carefully noted in the local

papers) "withdraw from the bench" by taking his chair a foot back from

his fellows and friends. Let them hear evidence upon which no man

charged with any other offence would ever be convicted. Let them see the

vindictive sentences that are passed. And then let them go home and

think over the fashion in which that which is nicknamed "justice" is

administered to any man unlucky enough to have offended a gamekeeper or

a policeman, and to be charged as a poacher.

In the good old hanging days, a man was sentenced to death in a western

county for sheep-stealing. The sentence was the usual one, but other

sheep-stealers had been let off the capital penalty for so many years

that it was greatly to the astonishment of the district that this one

was hanged. Then people began to think, and, remembering that he had the

reputation of being a clever poacher, they saw that he had been paid off

for the new and the old. It is much the same in the rural districts

to-day. In game cases the presumption of the English law courts that a

man shall be held to be innocent until he is proved guilty is

systematically reversed. The unsupported word of a gamekeeper is

considered to be worth that of half-a-dozen ordinary men; and it is not

uncommon for a defendant convicted of some offence, totally unconnected

with the game laws, to have his penalty increased because the

superintendent of police has whispered to the justices' clerk, and the

clerk to the magistrates, the fatal word "poacher." Those who live in a

town can scarcely conceive the open fashion in which justice is degraded

by the county magistrates when the game is in question. But, if any

would bring it home to themselves--and the strongest words are too faint

to picture the reality--let them go to some rural court, where the

justices do not imagine that the light of public opinion can be brought

to bear upon them, and see how poachers are tried.

If it were only because of the widespread demoralization they cause, the

game laws ought to be repealed. They are avowedly kept up for the

benefit of the class which does little or no work, and they fill the

prisons at our expense to preserve a sport in which we have no share and

no wish to share. And, if they are to be retained on the statute book at

all, their administration should, at the very least, be taken from those

who are practically prosecutor, jury, and judge in one, and placed in

impartial hands.

XIX.--OUGHT LEASEHOLDS TO BE ENFRANCHISED?

The proposal to enfranchise leaseholds--that is, to enable a

leaseholder, upon paying a fair price, to claim that his tenure be

turned into freehold--is a comparatively new one in the field of

practical politics; but it has come to the front so rapidly that it is

already far nearer solution than others which have agitated the public

mind for many years. The grievance had for a long time been felt, and in

some parts of the kingdom sorely felt; but a ready remedy had not

suggested itself, and the subject slept.

The grievance is this--that the present system of leases for lives or

for a term of years causes frequent loss to the leaseholder and much

injury to the community, benefiting only the owner of the soil. The

remedy would be to empower a leaseholder to demand from the ground

landlord that the land shall be transferred to him upon payment of its

fair value, as appraised by some public tribunal.

And first as to the results which flow from the present state of things.

These vary with the circumstances, and some of the circumstances demand

study. Leases, broadly speaking, are of two kinds--those which are

granted on lives and those which are for a specified term of years. Of

the two, the former are the more objectionable, as they frequently work

gross injustice. A lease is granted which shall expire at the death of

the third of three persons named in the deed. Under that lease a man

builds a house; the first life expires, and the leaseholder has to pay a

fine--or, as it is called, a heriot--of a specified sum; the second

dies, and another fine has to be paid; and when the third passes away,

the property and all upon it revert to the landlord. Is it not easy to

see that no particular chapter of accidents is required to terminate any

three given lives within a comparatively short period, while, if an

epidemic occurred, ground landlords everywhere would reap a rich harvest

from the ready falling in of leases for lives?

One instance out of thousands may be quoted of how the system works. "A

piece of land which let for L2 an acre as an agricultural rent was let

for building purposes at L9 an acre, and divided into eleven plots. On

one of these a poor man built a cottage, at a cost of L60, on a ground

rent of 16s. 6d. The term was for three lives and one in reversion. The

charge for the lease was L5. On the expiration of each of the three

lives L1 was payable as a fine or heriot, and L10 was to be paid on

nominating the life in reversion. All the four lives expired in

twenty-eight years. The landlord thereupon took possession of the house.

He had thus received in twenty-eight years, besides the annual ground

rent, the following sums:--L5 for the lease, L10 for nomination of life

in reversion, L3 as heriot on the expiration of the three lives--in all

L18; and, in addition, the house built at the expense of the victim,

which he sold for L58."

The reply may be made, "But, granting that leases for lives often have

cruel results, is not the remedy in the hands of those who want leases?

Why do they take those for lives?" For this reason--that in some parts

of the country it is the only way by which a building plot can be

obtained, and that, as long as the possibility of securing so good a

bargain is legalized, so long will the more unscrupulous among the

landlords force an intending tenant to accept that or nothing.

Leases for long terms of years do not as readily lend themselves to the

chance of legal robbery, but they have their own ill effects. Houses are

built in flimsy fashion upon the express idea that they are intended to

last only the specified term; and during the expiring years of the

lease, repairs are grudged, and the dwellings rendered unhealthy to the

occupier and unsafe to the passers-by. If a man has a house which is

erected upon leasehold land, and therein builds up, by his own skill

and industry, a good business, he is absolutely at the mercy of the

ground landlord when the lease expires. The rent is raised because of

the success his own faculties have secured, onerous conditions in the

way of repairs are imposed, and what can he do? "If you don't like it,

you can leave it," is the landlord's reply; but there is many a business

which does not bear transplanting, and if the tenant be on a large

estate it might happen that, if he did not accede to the owner's terms,

he would have to move to a far-distant part of the town, or even--as at

Devonport and Huddersfield among other places--out of the town

altogether, and that would mean ruin. And thus he is practically

compelled to struggle on in order to increase the wealth of the

landlord, who has done nothing, at the expense of himself, who has done

all.

And this is not always the worst, for in many cases landlords for

various reasons will not renew at any price, and the tenant has perforce

to go the moment his lease expires. A certain Whig duke--and, of course,

a zealous defender of "the rights of property"--conceived the idea, upon

coming into his estates some years ago, that a village stood too near

his park gates. Not brooking that herdsmen and traders should stand

between the wind and his nobility, he directed that, as leases fell in,

the tenants should be cleared out, graciously, however, offering them

other plots some three miles away. And the tenants had to leave the

homes in which they had been born and where their parents had lived

before them, and to see them tumble down in utter ruin, in order that so

mighty a person as a duke should not be shocked by the sight of the

common herd. It was one of the thousand cases in life where a man had a

right to do that which it was not right for him to perform.

Another fashion in which grievous injustice to the leaseholder can be

done is frequently illustrated. It has happened, and happened very

recently, that a ground landlord has granted leases for a term of years;

that, upon the strength of these agreements, houses have been built; and

that upon the landlord's decease it has been discovered by some skilful

lawyer that the dead man had had no power, under an entail or

settlement, to grant such leases; whereupon the heir has invoked the law

to cancel the whole, and has seized everything upon the land. This is

legal, but is it commonly honest?

In other ways the leasehold system is an injury not only to individuals

but to the community. A west country town, where all the land is held by

one man, has been crippled in every attempt to expand and improve by the

impossibility of obtaining a freehold plot. What person in his senses

would erect a substantial factory or a large concern of any kind upon a

comparatively short lease? Men embark upon such enterprises in order

that, as year follows year, their property may become more valuable, not

that year by year it may become less so by the growing nearness of the

time when it will pass to the landlord, who has never contributed a

penny or a thought to the success of the concern, the building

containing which, at the expiration of the lease, he can call his own.

For all these unfairnesses to individuals, hindrances to trade, and

injuries to the community, is proposed the remedy stated--that a

leaseholder who has twenty (or, as some suggest, ten or fifteen) years

to run, shall be empowered to demand that his land be made freehold upon

the payment of its value, as assessed by some specified tribunal.

The first objection is that this would be an undue interference with

"the rights of property." But it has already been laid down by

Parliament that such "rights" can be set aside in the public interest

upon the payment of fair compensation; and what has been done in regard

to the making of railways can be done respecting the building or the

preserving of houses. The existing system is an injury to the community;

and as the price to be paid for its abolition, whether wholly or in

part, would be assessed by a tribunal constituted by Parliament, the

landlords would have no more reason to complain than they now have when

compelled to sell a portion of their property to a railway company.

The next plea is that it would interfere with "freedom of contract."

Upon the general question of what that freedom is, how far it now

exists, and in how large a degree the State has a right to interfere

with it, one need not speak, for in this matter of leases Parliament

has already stepped in to "interfere with freedom of contract." It

having been found that some landlords were accustomed to insert in

leases oppressive provisions for forfeiture in certain conditions, the

Legislature empowered the courts to lift from the leaseholders covenants

which unduly burdened them. And if a precedent is asked for the

particular remedy proposed, the Acts enabling any copyholder to

enfranchise his holding should be consulted.

If it be said that, should such a power be granted by law, no one

possessing land would let on a long lease, it may be answered that this

would be no great evil, seeing how the leasehold system has worked. But

as landowners will want in the future as in the past to let or to sell,

and as it is not to be supposed that any man will take a lease of less

than twenty years and build upon the land, the owners will accommodate

themselves to circumstances, and dispose of their property as best they

can.

Owners in other countries do so, and why not here? Such a leasehold

system as that of England is practically unknown elsewhere. In France,

it is true, something of the kind exists, but we seek for it in vain in

Germany and Austria, in Russia and Switzerland, or in Spain and

Portugal; while in Italy, where no leases for over thirty years are

permitted, a tenant can convert his property into freehold by redeeming

the rent.

The supporters of leasehold enfranchisement, therefore, have on their

side not only the practical evils of the present system, but

parliamentary precedent and continental custom. These should suffice to

persuade all who study the matter that the time for a change has come,

and that the way in which that change is proposed to be effected is just

and equitable.

XX.--WHOSE SHOULD BE THE UNEARNED INCREMENT?

There is a school of politicians which reply to all such proposals as

have been sketched for practical land reform: "They do not go far

enough, for they would merely transfer the unearned increment from the

present freeholders to the present leaseholders, and we want it

transferred to the community." This "unearned increment" is a matter of

which we are likely to hear a deal in the immediate future, for since

John Mill stated the theory it has been much talked of, and to-day more

than ever. It is sometimes contended, in fact, that, supposing all the

projected reforms carried and in full and untrammeled action, "the

absorption of the unearned increment by private individuals would

perpetuate an evil which would swallow up whatever good those reforms

might have a tendency to bring about."

What then is the theory upon which so much may depend? It cannot be

better stated than in the words of Mill:--"Suppose that there is a kind

of income which constantly tends to increase, without any exertion or

sacrifice on the part of the owners: those owners constituting a class

in the community, whom the natural course of things progressively

enriches, consistently with complete passiveness on their own part. In

such a case it would be no violation of the principles on which private

property is grounded, if the State should appropriate this increase of

wealth, or part of it, as it arises. This would not properly be taking

anything from anybody; it would merely be applying an accession of

wealth, created by circumstances, to the benefit of society, instead of

allowing it to become an unearned appendage to the riches of a

particular class. Now this is actually the case with rent."

When Mill's "Principles of Political Economy" was published, this theory

of the State absorbing, in whole or in part, the "unearned increment" of

the land, was regarded by many as so utopian that it was put aside with

a scoff, and was thought to have been settled with a sneer. But it has

struck deep root into many a Radical mind, and those who believe in it

ask it to be shown how it is either dishonest as a theory or would be

impossible in practice.

There need be no attempt to do either, for Mill himself made an

important restriction in his definition of what should be done which

relieves it from the stigma of dishonesty or impracticability. He

believed that "it would be no violation of the principles on which

private property is grounded, if the State should appropriate this

increase of wealth, _or part of it_, as it arises." It may be agreed

that the State could fairly appropriate a part of this increment, and

this might be done by means of taxation. But that is a very different

matter from taking the whole.

One who argues in favour of the latter plan, submits this

contention:--"The area of a county, for purposes of illustration, may be

taken as a fixed quantity. Now, the demand for land will increase, and

as a corollary the price of land will rise, exactly in proportion to the

increase of population. This additional value is not brought about by

either independent industry, ingenuity, or the outlay of capital on the

part of any private individual: it is a growth entirely due to the

increase of the community: it is of enormous value, is extracted from

the dire necessities of the whole population, and goes into the pockets

of private individuals who have never done anything to create it."

But does the illustration hold good whether applied to such a limited

area as a county or to the country at large? It is not the case that the

demand for land increases and its price rises exactly in proportion to

population; and it is as little the case that its increased value, if

any, is "extracted from the dire necessities of the whole population."

For while the number of our inhabitants is increasing, the value of such

land as ministers directly to their wants in the provision of food and

clothing is decreasing. If all the bread that is eaten, beef that is

killed, and wool that is worn, were raised within these shores, there

would be a semblance of truth in the illustration; but we have left the

days when we lived on our own produce far behind, and the British farmer

would only be too happy if the picture thus presented were even

approximately like reality.

Practical Politics; or, the Liberalism of To-day · 第 8 / 17 段