§ SIR GEORGE CAMPBELLasked the Lord Advocate, Whether there is any Law in Scotland against Sunday traffic; if so, whether both police and military were employed at Strome Ferry to protect the Railway Company in breaking the Law, while those who sought to enforce the Law were prosecuted under his (the Lord Advocate's) instructions; and, if this be the case, whether he will take steps by legislation, or otherwise, to bring the Law and the practice into harmony with one another?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)Sir, it is, to say the least, exceedingly doubtful whether the landing of fish and its transmission by railway on Sunday could be prevented by any law now in force, and there has been no recent instance of a prosecution on account of such Sunday work. I may point out that even under the old Scottish Acts works of necessity were excepted, and it is a question whether the conveyance to market of a large quantity of perishable human food, which would otherwise have been lost, was not such a work the police were employed to prevent mobbing and rioting, and the military were in readiness at Fort George in case the police should be overpowered in the event of the rioting being repeated on a larger scale, as was threatened by much larger numbers. It is the fact that 10 of the persons who took part in the riot were prosecuted under my direction, and convicted by a jury. I am not sure whether I quite understand the last part of my hon. Friend's Question, but I may say that there is no intention to legislate in consequence of the recent occurrence at Strome Ferry.
§ SIR GEORGE CAMPBELLMay I ask the hon. and learned Gentleman to answer the first part of my Question—whether there is any law in Scotland against Sunday traffic?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)I think I have answered the whole of the hon. Member's Question.
§ SIR HERBERT MAXWELLI think the hon. and learned Gentleman's answer is somewhat ambiguous. Will he say whether there is or is not a law against Sunday traffic in Scotland?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)There is a whole series of old Scottish Statutes on the subject; and it has been held, within no very long time, that, at all events, as regards selling in shops on Sunday, some of those old Acts are not in desuetude. But there has been no question raised as to whether work of this kind is or is not struck at by these Acts.
§ SIR HERBERT MAXWELLIs it an open question?