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ground for any apprehension on that score was a provision adopted from a Bill introduced by his noble and learned Friend (Earl Cairns) in 1878, that permanent investments of savings from subscriptions should, after the lapse of a certain number of years, be regarded in the same light as original endowments. He was willing to modify that clause, if necessary, by extending the time, and also to provide that it should not apply to a reserved fund set apart to meet future deficiencies of income. He disclaimed all intention of injuring these charities. It had been said that ever since the passing of the Act of 1853 the Charity Commissioners had been seeking to increase their power and extend their operations. No doubt they had always endeavoured to extend their operations within proper limits; but no one ought to blame them for that, because if such a body as the Charity Commissioners was to exist at all it must be their duty to exercise their functions in all cases in which they found charities improperly or unwisely administered, and to seek from Parliament the removal of all impediments to their efficiency. Without question, the operation of the Act of 1852 had been most beneficial. The manner in which the Charity Commissioners had discharged their duties entitled them to public confidence. The Commission had been in existence for 28 years, and out of 7,100 orders which they had made only six had been appealed from, and out of those six appeals only two had been successful. That showed the value of their labours. The present Bill proposed, in several respects, to extend their powers, but not, he thought, in any way which the experience of the past did not justify. It contained 26 clauses, of which 16 were taken from the Bill of 1878, introduced by the late Government. The most important of the proposals not taken from the Bill of 1878 were, to enable charity funds to be vested in the official trustees, without in any way interfering with their administration, by the authority of the Commissioners, though no application might be made to them for that purpose; to enable the Commisssioners to settle schemes for the better administration of charities, according to existing trusts, subject to an appeal to the High Court of Justice, though the trustees of the charities might not themselves desire it, and

The Lord Chancellor

though the income might exceed £50 a-year; to enable the provisions of Acts of Parliament-he proposed to limit this to Private Acts-to be altered by such schemes; to enable the Commissioners, when it appeared by the accounts of charities rendered to them that monies had been misapplied, to order payment of such monies, subject to an appeal to the Court; and to place the appointment of new trustees of charities by co-optation under such regulations as would secure the appointment of fit persons, and prevent unnecessary expense to the charities. He should be willing to exempt incorporated charities, such as the great hospitals, and others like them, from those provisions which seemed to have excited their alarm, and which were really intended for cases of a very different kind. The objects of the Bill had been very much misunderstood in certain quarters; and he thought that, when this misunderstanding was removed, on a fair consideration of the provisions of the Bill, it would be approved by the country.

Moved, "That the Bill be now read 2a.” -(The Lord Chancellor.)

THE MARQUESS OF SALISBURY said, his noble and learned Friend had given a faithful account of the Bill; but by a dexterous distribution of light and shade, in touching on its various provisions, he had withdrawn from the view of their Lordships the enormous change it made in the position of the Charity Commissioners towards the various charities of the country. Their Lordships must remember what were the original functions of the Charity Commissioners. The function of the Commissioners was, with the consent of the trustees, to deal with charities all over the country, modifying provisions which had come down from remote times and were no longer suitable to the circumstances of the localities. Absolute power was subsequently given to them to deal with charities of a lower value than £50 ayear. For that there was a great deal to be said, because it could not be expected that charities of an insignificant value would receive the same attention as larger ones at the hands of trustees. But what was proposed now was to take all the charities of the country, from the largest hospital to the smallest village foundation, and hand them over abso

lutely to the direction of the Charity Commissioners. When he said direction, he did not mean that their daily administration would be in the hands of the Charity Commissioners; but if this Bill passed, the Charity Commissioners would have the power of re-writing the will of the founder, and not only that, but of re-writing the Statutes made since in respect of those charities, and even the schemes which had been sanctioned by the High Court of Chancery. It came to this-that whereas before they required that the trustees and the Charity Commissioners should concur, they now set the trustees aside and gave general and absolute power to the Commissioners. He was not arguing in favour of what was called the "dead hand," or of an absolute unalterability of the provisions of a trust, for he was well aware that as time went on the alteration of circumstances was such that trusts must frequently need modification; but he argued against the assertion that the Charity Commission were so very superior to the trustees of the great charities that it was right to dethrone the trustees and set up the Charity Commission in their place. While entirely agreeing that the Charity Commissioners had done good service, and disbelieving that they would make any misuse of powers placed in their hands, they could not, on the ground that the present members were excellent men, justify giving them such vast powers. It was impossible not to see that the effect of this great change would be to diminish every where the local supervision of the charitable trusts, and sweep them all under the direction of one central body-a central body which would be appointed by the Minister of the day; and the persons who enjoyed the benefits of these trusts and those who took an interest in them would see with alarm the result that the private and independent exercise of these trusts would disappear, and the vast revenues of the charities would be more and more administered in obedience to the behests of the central authority. There were clauses in this Bill for providing new schemes, which would have a very considerable effect. The trustees of all charities, however large, respectable, or important, must in future have their names sent up to the Charity Commission to be approved. Distinguished gentlemen, who devoted a great deal of

their time and attention to these charities, might very well decline to have their names sent up to the Charity Commission, who, like other mortals, might cast a slur upon candidates by objecting to the names sent up. If it were not sufficient to be elected by those who were entitled to elect them, such gentlemen would, of course, retire. That would be the very general feeling; and great discouragement to the elected trustees would be the result. Again, some of the charities had a large property in land; but under this Bill in the smallest reference to a Court of Law, for getting the rent, perhaps, of a 2s. 6d. cottage, it would be necessary for the Charity Commission to institute a suit; and where injunctions were required, for instance, to prevent the value of house property being destroyed by building in front of it, it would be necessary to go to the Charity Commission to allow immediate reference to be made, lest delay should make the process useless. He thought the Bill would produce alarm and disgust among a large number of those who took pleasure in the administration of these trusts; and he believed that those who now conferred a great public benefit by much self - denying sacrifice of time and labour would withdraw from their independent administration when they found it transferred to the management of a Central Board in London. The noble and learned Lord on the Woolsack might have every confidence in the excellent intentions of the Charity Commissioners, and he did not wish to doubt their good intentions; but he could not help calling attention to one recommendation in their last Report, which showed the kind of spirit by which they were actuated. They recommended that a number of inspectors should be appointed, and they added that it would be a matter for consideration whether it would not be advantageous that they should be ex-officio governors of the educational endowments in the district. The result of this proposal would be that the officers of the Commission would have votes, and might be supreme in the government of those educational charities. He did not wish to say a word disrespectful to the Charity Commissioners; but with all their burning desire to do good, and their seeming confidence that they alone could do good, they still required the greatest

vigilance to be exercised towards them | Second Reading-Land Law (Ireland) [135]— on the part of their Lordships' House. [Sixth Night]-debate further adjourned. Committee-Petty Sessions Clerks (Ireland) [41]-R.P.

Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Tuesday the 24th instant.

IRISH LAND BILL, 1870.

MOTION FOR A PAPER.

Mored, for a print of the Irish Land Bill, 1870, as read a first time in the House of Lords, showing by difference of print or ink, or by both methods, the amendments made in the Bill as returned to the Commons, and what afterwards became of such amendments, i.e., whether agreed to or disagreed to or further amended.(The Earl Cairns.)

out.

EARL SPENCER said, he thought such a Return rather unusual; but it was not the intention of the Government to offer any opposition to it. But there might be some difficulty in carrying it He desired to know if the noble and learned Earl wished to have a facsimile of the Bill, so as to show its complete history, or whether he only wished the Bill to be shown with the Amendments after it left the Commons and was presented to their Lordships' House, and the state in which it left on its return to the other House? He hoped the noble and learned Earl would allow the words to be added-" or otherwise."

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SOUTH AFRICA-NATAL-SIR OWEN
LANYON.

MR. RYLANDS asked the Under Secretary of State for the Colonies, Whether Sir Owen Lanyon is still retained in the service of the Crown in South Africa; and, in that case, what are the duties which he now performs ?

MR. GRANT DUFF: Sir Owen Lanyon is on his way to Europe on leave of absence. We believe him to be at this moment at Newcastle, in Natal, ready to reply to any questions which the Commission may think fit to address to him.

ARMY (AUXILIARY FORCES)-REVIEW
OF SCOTTISH VOLUNTEERS BY THE
QUEEN.

MR. FRASER MACKINTOSH asked the Secretary of State for War, Whether a Review of Scottish Volunteers will be held by Her Majesty at Edinburgh this year; and, if so, on what date?

MR. CHILDERS: In reply to my EARL CAIRNS said, all he wanted hon. Friend, I beg to state that Her was a print of the Bill as it was intro- Majesty authorizes me to inform the duced in that House, and as it was after-House that she hopes to hold a Review wards when sent back to the Commons.

Motion agreed to.

Ordered to be laid before the House.

House adjourned at half past Six
o'clock, till To-morrow, half
past Ten o'clock.

HOUSE OF COMMONS,

Thursday, 12th May, 1881.

MINUTES.]-SELECT COMMITTEE-Extraordi-
nary Tithe, nominated; House of Commons
(Accommodation), nominated.

PUBLIC BILLS-Ordered-First Reading-Pier
and Harbour Orders Confirmation (No. 2)
[161]; Local Government Provisional Orders
(Cottingham, &c.) [162]; Local Government
(Ireland) Provisional Orders (Bandon, &c.)
[163]; Parliamentary Registration * [165].
First Reading Local Courts of Bankruptcy
(Ireland) [164].

The Marquess of Salisbury

of the Scottish Volunteers in the Queen's Park, at Edinburgh, on some day between the 20th and 31st of August.

VACCINATION ACTS-VACCINATION
IN WORKHOUSES.

MR. HOPWOOD asked the President of the Local Government Board, Whether it be the fact that Dr. Stevens, one of the Inspectors appointed by the Department at the Board of Guardians for St. Saviour's Southwark, recently suggested that in future all children born in the workhouse should be vaccinated before they were allowed to leave, however young they might be, and, in answer to questions, was clearly of opinion that the Guardians had the power to enforce this, even without the consent of the mother upon admission. It was pointed out to him that, in the opinion of some medical men, this would be injurious to the mother, by causing much mental anxiety, and that fatal cases of

this kind had been known; but he replied that it would cause the mother still greater anxiety were the child to have small pox; and, whether such a course of proceeding is justifiable by any, and what, law; and, if not, whether he will not at once express disapproval of it?

MR. DODSON: I find that Dr. Stevens did suggest that children born in the workhouse should be vaccinated before leaving; and that, subject to the opinion of the medical officer in any particular case, this should be done on the sixth day after birth. Dr. Stevens did not express any opinion of his own as to whether the Guardians could enforce this without the consent of the mother; but he did refer to an opinion of the Poor Law Board to the effect that they could. This opinion seems to have been given

so far back as 1848.

MR. HOPWOOD asked whether the order was a legal one?

MR. DODSON: The hon. and learned Member asks my opinion on a point of law. My own opinion is that vaccination cannot be enforced in the circumstances if the mother objects.

CRIMINAL LAW-RE-PUBLICATION

OF THE " FREIHEIT."

MR. BELLINGHAM asked the Secretary of State for the Home Department, If it is a fact that, under the auspices of the Social Democratic Club, the "Freiheit" has reappeared as an English instead of a German newspaper; whether Herr Most's famous article on the Assassination of the Tsar, for which he has been prosecuted by the Government, has been reprinted in English under the title of Regina v. Most; whether the paper states that the publication is intended as an answer to the attempt to suppress "our German contemporary; ' and, whether Her Majesty's Government intend to take any steps in the

matter?

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SIR WILLIAM HARCOURT: I believe that there is such a paper as that alluded to by the hon. Member's Question, and that an English translation of the article referred to did appear in that paper. The article professes to appear in the form of a report of the proceedings in the Bow Street Police Court. In answer to the last Question, I have to say that I do not think it desirable to take any steps in this matter-at all events, until after the trial of Most.

CROWN AGENTS FOR THE COLONIESMEMORANDUM OF SIR PENROSE JULYAN.

MR. ANDERSON asked the Under Secretary of State for the Colonies, If there is in the Colonial Office a Memorandum which Sir Penrose Julyan, while one of the Crown Agents for the Colonies, addressed to Sir Michael Hicks-Beach, explaining the position of the Office; if Copies of that Memorandum were sent to the Colonies; and, if there is any objection to lay it upon the Table?

MR. GRANT DUFF: We cannot give this particular document, which is of a purely confidential character, prepared by the orders of the late Secretary of State for his own information; but, as the subject seems to excite some interest, I will presently lay on the Table Papers which will explain the duties and status of these officers more fully than can be done by answers in this House.

ACCIDENTS IN MINES-REPORT OF

THE ROYAL COMMISSION. MR. MACDONALD asked the Secretary of State for the Home Department, It there be any prospect of the Royal Commission which was appointed to inquire into the prevention of accidents in mines several years ago making a Report this year before the close of the Session; and, whether he is aware that a similar Commission was appointed some time ago in Belgium, and that the Belgian Commission reported in one year and six months from date of its appointment?

SIR WILLIAM HARCOURT, in rePly, said, he had a letter from the Secretary of the Commission, who said that before the end of the Session he would present a preliminary Report, along with a valuable body of evidence. The Secretary gave as a reason why the proceedings of the scientific inquiry had been so much prolonged that it had been necessary to repeat the experiments on the safety lamps and coal dust in va

rious districts. With reference to the

Belgian Commission, it only indicated the inquiry, and suggested the employment of a permanent Commission.

NATIONAL EDUCATION (IRELAND)—

TEACHERS OF MODEL SCHOOLS. MR. JUSTIN MCARTHY asked the Secretary to the Treasury, If, on the

THE ATTORNEY GENERAL FOR IRELAND (Mr. Law): None, so far as

compulsory retirement of the extern | ral rule for their guidance. Each case teachers attached to the various model must stand on its own individual merits. schools in Ireland on the 31st of March MR. HEALY asked whether any inlast, the Commissioners of Education structions had been given by the Gorecommended teachers having a length-vernment on the subject? ened period of service (ten years and over) to the Lords of the Treasury for a gratuity or superannuation allowance, I know. and if such gratuity or allowance has been made to the extern teachers or to any of them; and, if not, whether the Treasury would take the case of this respectable and deserving body of teachers

into consideration?

LORD FREDERICK CAVENDISH: Extern teachers are persons employed for five to seven hours a-week in teaching singing or drawing at model schools. At the beginning of 1881 there were 14 of them; but the services of 12 of these have been dispensed with after four months' notice had been given. Four of these had taught in the manner I have described upwards of 10 years, as stated by the hon. Member, and were recommended by the Commissioners of National Education for a grant of public money. It is impossible to grant them pensions, as this cannot be done even for regular model school teachers, who, I may remind the House, are not civil servants. It did not appear to the Treasury that the occasional character of their employment would warrant the grant of a gratuity from public funds. They received ample notice that their services would no longer be required.

PEACE PRESERVATION (IRELAND)
ACT, 1881-ARMS LICENCES.

MR. HEALY: In the absence of the Chief Secretary to the Lord Lieutenant of Ireland, I wish to ask the Attorney General for Ireland, If he will state whether the Government approve the

refusal of arms licences in Ireland on the ground that the applicants are Land Leaguers?

THE ATTORNEY GENERAL FOR IRELAND (Mr. LAW): According to the provisions of the Arms Act, the issue of licences for arms is left within the jurisdiction of the magistrates, who issue or refuse them in the exercise of their discretion in the several cases which come before them, acting on their own responsibility without interference on the part of the Government. I must, therefore, decline to lay down any gene

Mr. Justin M'Carthy

PRISONS (ENGLAND) ACT-FIRST-
CLASS MISDEMEANANTS.

State for the Home Department, Whe-
MR. HEALY asked the Secretary of
ther Colonel Valentine Baker, when im-
prisoned for twelve months, was treated
as a first-class misdemeanant, and whe-
ther as such he was not allowed to read
any newspapers, English, Irish, Colonial,
or Foreign, illustrated or otherwise, that
he chose to pay for; whether English pri-
soners who are merely suspected of crime
are while awaiting trial only allowed
to provide themselves with London daily
newspapers and a paper from their own
locality; and, whether in case the London
Chronicle," the "Graphic," or the "Il-
weekly newspapers, or the "Newcastle
lustrated London News," were sent to
such prisoners by their friends, these
papers would be stopped by the prison

officials?

SIR WILLIAM HARCOURT: The case to which the hon. Member refers occurred before the prisons passed under the control of the Government; and, therefore, I cannot state what course was taken by the local authorities in that case. With regard to the treatment of English prisoners before trial, the question as to what newspapers shall be supplied to them lies within the discretion of the Visiting Committee. What view Newcastle Chronicle and of the other the Visiting Committee may take of The newspapers to which the hon. Member refers, I am, of course, quite unable to

state.

LAW AND JUSTICE-PETITIONS OF

RIGHT.

MR. J. R. YORKE asked the Secretary of State for the Home Department, Whether, in the case of a Petition of Right by an individual seeking to restrain an interference, or threatened interference, by the War Department, or any other Department of the State, with his private property, it is the practice that a "fiat" should issue forth

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