Lords Sitting of 16 February 1905

Bentley Lyonel John Lord Tollemache sat first in Parliament after the death of his grandfather.

PRIVATE BILL BUSINESS.
The LORD CHANCELLOR acquainted the House, That the Clerk of the Parliaments had laid upon the Table the Certificates from the Examiners that the Standing Orders applicable to the following Bills I have been complied with:—
Aberdare Tramways.
Abertillery Urban District Council.
Accrington Corporation.
Accrington District Gas and Water Board.
Acton Sewage.
Administrative County of London and District Electric Power Company.
Alexandra Park and Palace.
Andover Lighting and Power.
Aylesbury Gas.
Baker Street and Waterloo Railway.
Bangor (County Down) Water and Improvement.
Barry Railway.
Birmingham Corporation.
Blackpool Improvement.
Blackpool, St. Anne"s, and Lytham Tramways.
Bolton Corporation.
Bootle Corporation.
Brentwood Gas.
Bridgewater Canals.
Bristol Blind Asylum.
Bristol Corporation.
Brockenhurst Gas.
Bromley Corporation.
Brompton, Chatham, Gillingham, and Rochester Water.
Buenos Ayres Grand National Tramways Company.
Cardiff Railway.
Central Electric Supply Company.
Central London Railway (New Lines).
Channel Ferry Railway and Quay (Dover).
Charing Cross, Euston, and Hampstead Railway.
Charing Cross and Strand Electricity Supply Corporation (Power Supply).
Chelsea Electricity Supply Company.
City of London Electric Lighting Company (Extension of Powers).
City of London (Means of Escape from Fire).
Clacton Improvement.
Clacton-on-Sea Commissioners.
Clay Cross Railway (Abandonment).
Colne Corporation.
Commercial Union Assurance Company.
Cordoba and Rosario Railway Company.
Cork Junction Railways.
County of London Electric Supply Company.
Croydon Corporation.
Croydon Gas.
Dearne Valley Railway.
Dublin Corporation (Superannuation).
Dublin United Tramways.
Dublin, Wicklow, and Wexford Railway.
Ealing Corporation.
East Cowes Gas.
East London and Lower Thames Electric Power.
Edgware and Hampstead Railway.
Entre Rios Railways Company.
Epping Gas.
Form by Township.
Gas Light and Coke, South Metropolitan, and Commercial Gas Companies.
Gosport and Fareham Tramways.
Great Berkhampstead Gas.
Great Central Railway.
Great Central Railway (Pension Fund).
Great Eastern Railway.
Great Northern Railway.
Great Northern (Ireland) and Midland Railways.
Great Northern, Piccadilly, and Brompton Railway (No. 1).
Great Northern, Piccadilly, and Brompton Railway (No. 2).
Great Western Railway (Additional Powers).
Great Western Railway (New Railways).
Halifax Corporation.
Hastings Harbour.
Hastings Harbour District Railway (Abandonment).
Hessle Gas.
Hessle Urban District Council.
Higham and Hundred of Hoo Water.
Hitchin and District Gas.
Hull, Barnsley, and West Riding Junction Railway and Dock.
Humber Conservancy.
Hythe Corporation.
Ilfracombe Harbour and Improvement.
Leeds and Liverpool Canal.
Littlehampton Urban District Council (Arun Bridge).
Liverpool Corporation (General Powers).
London Building Acts (Amendment).
London County Council (General Powers).
London County Council (Tramways).
London Gas.
London and India Docks.
London and North-Western Railway.
London Port and Docks Commission.
London Southern Tramways.
London Squares and Enclosures (Preservation).
London United Tramways.
Loughborough Corporation.
Mansfield Corporation.
Marylebone Chapels (Saint Paul"s, Great Portland Street, and Saint Peter"s, Vere Street).
Matlock Bath Improvement.
Medway and Thames Canal.
Metropolitan District Railway.
Metropolitan Electric Supply Company (Acton District).
Metropolitan Electric Supply Company (Various Powers).
Metropolitan Electric Tramways.
Metropolitan and Great Central Railway Companies.
Metropolitan Pneumatic Despatch Company.
Metropolitan Railway.
Mexborough and Swinton Tramways.
Midland Railway.
Morley Corporation.
Mortgage Insurance Corporation.
Naval Works (Portsmouth Barracks Site).
Newcastle-upon-Tyne Corporation.
Nine Mile Point Railway.
North-East London Railway.
North-Easterm Railway.
North-Eastern Railway (Steam Vessels).
North Metropolitan Electric Power Supply.
North Sussex Gas.
Norwich Union Life Insurance Society.
Nottingham Corporation.
Nottingham and Retford Railway.
Ocean Accident and Guarantee Corporation.
Oldham and Saddleworth District Tramways.
Orphan Working School and Alexandra Orphanage.
Otley Gas and Improvement.
Preston Corporation (Ribble Navigation).
Rathmines and Rathgar Extension and Improvement.
Rhondda Urban District Council.
Rhymney Railway.
Rotherham, Maltby, and Loughton Railway.
Sale of Bread (London).
Sandgate Urban District Council (Sanitary Powers).
Seaham Gas.
Sheffield University.
Shepton Mallet Gas Company (Electric Lighting).
Shropshire and Worcestershire Electric Power.
Skegness Water.
South-Eastern and London, Chatham, and Dover Railways.
South Lancashire Tramways.
South Metropolitan Gas.
South Oxfordshire Water and Gas.
South Suburban Gas.
South Wales Electrical Power Distribution.
Southampton and Winchester Great Western Junction Railway (Abandonment).
Southend and Colchester Light Railways.
Southport, Birkdale, and West Lancashire Water Board.
Staffordshire County Council.
Stepney Borough Council (Superannuation).
Stockport Corporation.
Sunderland and South Shields Water.
Swansea Corporation.
Tees Valley Water Board.
Thames Conservancy.
Thames Harbour.
Torpoint Water.
Tralee Urban District Council.
Truro Water.
Tyneside Tramways and Tramroads.
Ulster and Connaught Light Railways.
University College, London (Transfer).
Walker and Wallsend Union Gas (Additional Powers).
Weaver Navigation.
West Cumberland Electric Tramways.
West Riding of Yorkshire Rivers.
Western Valleys (Monmouthshire) Water and Gas.
Weybridge and Walton-upon-Thames Electric Supply.
Whitby Urban District Council.
Whitechapel and Bow Railway.
Woolwich Borough Council.
Workington Harbour and Dock.
Wrexham Gas.
And also the Certificates that the Standing Orders applicable to the following Bills have not been complied with:—
Wellingborough and District Tramroads and Electricity Supply.
Wigan Corporation.
Hastings Tramways.
Coventry Electric Tramways (Extension of Time).
Hammersmith City and North-East London Railway.
Heckmondwike Improvement.
Mullingar, Kells, and Drogheda Railway.
Llandrindod Wells Urban District Council.
The same were ordered to lie on the Table.

LEEDS CORPORATION (CONSOLIDATION) BILL.
The LORD CHANCELLOR acquainted the House, That (pursuant to the Resolutions of the 8th of August last) the Bill had been lodged in the Private Bill Office, together with the declaration of the agent; Bill presented; read la; read 2a, and committed.
RETURNS, REPORTS, ETC.

  EDUCATION (SCOTLAND).
  Return showing the expenditure from the grant for public education in Scotland in the year 1904; with statistics.
  Minute of the Committee of Council on Education in Scotland, dated 16th February, 1905, providing for the distribution of the General Aid Grant.
  Presented (by Command), and ordered to lie on the Table.

  ARMY (MILITARY SAVINGS BANKS).
  Statement of the amount due by the public to depositors in Military Savings Banks on the 31st March, 1903, and of the receipts, interest, and disbursements in the said Military Savings Banks during

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  the year next ensuing, ended the 31st March, 1904, etc.

  PENAL SERVITUDE ACT, 1891 (PRISONS, SCOTLAND).
  Regulations, dated 20th August, 1904, made by the Secretary for Scotland under the Act for the measuring and photographing of prisoners.
  LOCOMOTIVES ON HIGHWAYS ACT, 1896, AND MOTOR CAR ACT, 1903.
  The Heavy Motor Car (Scotland) Order, 1905.

  UNIVERSITIES (SCOTLAND) ACT, 1889.
  Annual report on the state of the finances of the University of Edinburgh under the Act, for the year 1903–1904.
  Annual statistical report by the University Court of the University of Edinburgh to the Secretary for Scotland under the Act, for the year 1903–1904.
  Annual statistical report by the University Court of the University of Glasgow to the Secretary for Scotland under the Act, for the year 1903–1904.

  GREENWICH HOSPITAL AND TRAVERS" FOUNDATION (CAPITAL AND INCOME ACCOUNTS, 1903–1904).
  Accounts of the receipt and expenditure of the capital and of the income derived from the lands and other property held for the benefit of Greenwich Hospital, and the Foundation of Samuel Travers, Esquire, for the year ended 31st March, 1904; together with the Report of the Comptroller and Auditor-General thereon.
  PARKS REGULATION ACT, 1872.
  Rules for Osborne.

  POST OFFICE (MONEY ORDERS) STATUTORY RULES AND ORDERS, 1904.
  No. 1568. The Postal Order (Colonial) Regulations, 1904.
  No. 1806. The Postal Order (Colonial) Amendment (No. 1) Regulations, 1904.

  GREEK LOAN OF 1832.
  Account for 1904.
  DISEASES OF ANIMALS ACTS, 1894 TO 1903.
  Hull (Channel Islands Animals) Landing Place Revocation Order of 1904.

  MOTOR CAR ACTS, 1896 AND 1903.
  Regulations as to weight, conditions of use, construction and speed of heavy motor cars, made by the Local Government Board under Section 6 of the Act of 1896, and Section 12 of the Act of 1903.
  Regulation as to restriction of the driving of motor cars on certain highways or parts of highways situate with the borough of Beverley, made by the Local Government Board under Section 6 of the Act of 1896, and Section 8 of the Act of 1903.
  (a) Regulations as to registration of motor cars made by the Local Government Board under Section 6 of the Act of 1896, and Section 7 of the Act of 1903—
  Blackpool and Tynemouth (County Boroughs). For assigning index marks distinguishing the councils of the county boroughs for the purposes of the regulations prescribed by the Motor Car (Registration and Licensing) Order, 1903.
  (b) Regulations as to registration of motor cars made by the Local Government Board under Section 6 of the Act of 1896, and Section 7 of the Act of 1903—
  Dorset (County). For changing the index marks assigned to the council of the county by the Motor Car (Registration and Licensing) Order, 1903.

  PUBLIC RECORDS.
  His Majesty"s Stationery Office. Schedule containing a list and particulars of classes of documents existing or accruing in His Majesty"s Stationery Office which are not considered of sufficient public value to justify their preservation in the Public Record Office.
  Board of Agriculture and Fisheries. Second Schedule containing a list and particulars of classes of documents existing or accruing in the office of the Board of Agriculture and Fisheries which are not considered of sufficient public value to justify their preservation in the Public Record Office.

  PATENTS, DESIGNS, AND TRADE MARKS ACTS, 1883–1892.
  Patents Rules, 1905.

  PRIVATE PROCEDURE (SCOTLAND) ACT, 1899.
  Report by the Acting Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons, under Section 2 of the Private Legislation Procedure (Scotland) Act, 1899—
  That, having regard to Section 16 (2) of the Private Legislation Procedure (Scotland) Act, 1899, the provisions of the Caledonian Railway Order, the Clyde Navigation Order, the Clyde Navigation (Reconstitution) Order, the Highland Railway Order, and the North British Railway (General Powers) Order are of such a character that they ought to be dealt with by Private Bills and not by Provisional Orders;
  That, save as aforesaid, the Provisional Orders be allowed to proceed subject to such recommendations as may be hereafter made with respect to the several Orders.
  Laid before the House (pursuant to Act), and ordered to lie on the Table.

NEW BILLS.
  BISHOPRIC OF BRISTOL BILL [H.L.]
  A Bill for re-arranging the boundaries of the dioceses of Bristol and Gloucester and Bath and Wells. Was presented by the Lord Bishop of Bristol; read 1a; to be printed; and to be read 2a on Tuesday next. (No. 3.)
  RESERVE FORCES BILL [H.L.] (No. 4).
  A Bill to amend the law relating to the Reserve Forces; And—
  MILITARY MANOEUVRES BILL [H.L.] (No. 5).
  A Bill to amend the Military Manœuvres Act, 1897. Were presented by the Viscount Hutchinson (E. Donouqh-more); read 1a; to be printed; and to be read 2a on Friday the 24th inst.

  SEAMEN"S AND SOLDIERS" FALSE CHAR ACTERS BILL [H.L.]
  A Bill to amend the law relating to the falsification of seamen"s and soldiers"
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  certificates of service or discharge, and to false statements made, used, or given in connection with entry or enlistment into His Majesty"s Naval, Military, or Marine Forces. Was presented by the Viscount Hutchinson (E. Donoughmore); read la; to be printed; and to be read 2a on Tuesday next. (No. 6.)

  ECCLESIASTICAL" COMMISSIONERS BILL [H.L.]
  A Bill to provide for the appointment of an additional Church Estates Commissioner. Was presented by the Lord Archbishop of Canterbury; read 1a; and to be printed. (No. 7.)
  MUNICIPAL CORPORATIONS (MERTHYR TYDVIL SCHEME CONFIRMATION) BILL [H.L.]
  A Bill to confirm a scheme made by a Committee of the Lords of His Majesty"s Privy Council under the Municipal Corporation Acts, 1882 and 1885, relating to Merthyr Tydvil. Was presented by the Lord President (E. Vane [M. Londonderry]); read 1a; and to be printed. (No. 8.)

  THE CHAIRMAN OF COMMITTEES.
  THE SECRETARY OF STATE FOR FOREIGN AFFAIRS (The Marquess of LANSDOWNE): My Lords, at the beginning of last session it was my painful duty to announce to the House that the Chairman of Committees, Lord Morley, was prevented by serious indisposition from assuming the duties of his post. I know that the announcement was received with genuine concern in all parts of the House, and that we all of us hoped that with rest and care Lord Morley"s health would be restored, and that we should again see him at his place at this Table. In the meanwhile, the duties of Chairman were undertaken by my noble friend, Lord Balfour of Burleigh, to whom I think the House owes a great debt of gratitude, and in whose hands the Private Bill business of the House has proceeded without interruption and without detriment.
  I deeply regret to inform your Lordships that I have now heard from Lord Morley that the condition of his health is such as to make it, in his opinion, impossible that he should retain the

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  Chairmanship of our Committees. He writes to me in these words—
  "My resignation, which I gave you at the end of last session, must, therefore, now take effect. In announcing it I should be much obliged if you would, on my behalf, thank the House for the extreme indulgence and consideration which they have shown to me during my long illness, and also if you would express to noble Lords on both sides of the House my grateful appreciation of the support which they have invariably given me in discharging the duties of the Chairmanship for the last sixteen years. Without the assurance of such support the Chairman"s position would be a very difficult one."
  My Lords, I can add nothing to those simple words. In every relation of life Lord Morley has known how to gain the respect and the affection of those with whom he was brought in contact, and I think I may say that this House could not have had a more admirable Chairman of Committees. Besides great diligence and ability, Lord Morley has shown qualities of firmness, great powers of conciliation, and a sound and steady judgment unswayed by considerations of personal popularity. I believe he has performed his duties with the universal approval of all those concerned in the Private Bill business of the House, and I may venture to add that when he has acted as Chairman of Committees of the Whole House we have always obtained from him that guidance which we had a right to expect from him, and which he was so well able to afford to our deliberations. Lord Morley"s retirement is indeed an irreparable misfortune to this House.
  We have now to consider the question of appointing a successor to him. I do not think I shall be contradicted when I say that if Lord Balfour of Burleigh had consented to retain the Chairmanship his decision would have been received with acclamation in all parts of the House. But he has reasons, the force of which cannot be gainsaid, for not adopting that course. And before I leave Lord Balfour of Burleigh, let me say that I have every reason for believing that his successor will find the Private Bill business of the House in perfect order, and that everything will have been made as easy for him as was possible before his assumption of his new duties. Now, my Lords, I need not say that the appointment of Chairman is not a piece of
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  Government patronage. It lies with the Whole House. That is the more indisputable, because on the last two occasions on which the Chairmanship had to be filled, another Peer was preferred to the nominee of the then Government, and for all I know, noble Lords opposite may desire to propose some candidate of their own. But, so far as we are concerned, I may say that, having considered the matter, and having, if I may venture so to put it, turned our searchlight, not only on this Bench, but on all parts of the House, we are unable to suggest to your Lordships any better fitted candidate than our noble friend and colleague Lord Onslow.
  It would be almost an impertinence if I were to delay your Lordships with a description of the duties and responsibilities which belong to the Chairman of Committees, and it would be almost equally superfluous if I were to state at length why it is we consider that Lord Onslow is eminently well fitted to perform those duties. I will only venture to remind your Lordships that he has been for twenty-seven years a Member of this House, and that during that time he has held several important offices. He has been Secretary to the Board of Trade; he has been twice Under-Secretary for the Colonies, and on one of those occasions during the Secretary of State"s absence, he undertook for a time the main burden of colonial affairs. He has held the post of Governor of New Zealand, which he filled with great distinction and much popularity, and he has for two years been a member of the present Government. I may, perhaps, add in addition that he was for some time a member of the London County Council, and took a diligent part in its proceedings. My Lords, we venture to submit Lord Onslow"s name as a successor to Lord Morley, and we do so with a feeling of confidence that if your Lordships are pleased to appoint him to this post he will maintain the traditions of the office, that he is likely to secure the confidence of those who are interested in our Private Bill legislation, that he will worthily uphold the dignity and reputation of this House, and that he will receive from your Lordships that measure of support without which, as

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  Lord Morley truly said, no Chairman of Committees can adequately perform his task.
  Moved, That the Earl of Onslow be appointed to take the Chair in all Committees of this House for this session.
  That the Earl of Onslow do take the Chair in all Committees of the Whole House unless where it shall have been otherwise directed by the House.
  That the Earl of Onslow do also take the Chair in all Committees upon Private Bills and other matters, unless where it shall have been otherwise directed by the House.—(The Marquess of Lansdowne.)
  EARL SPENCER: My Lords, I rise at once to associate myself with the eloquent tribute which the noble Marquess has just paid to Lord Morley, and to say how very deeply we on this side of the House regret that the state of his health will not permit him to resume those duties which he has carried out with such ability and distinction and to the satisfaction of the whole House. I remember Lord Morley from the moment he first came to your Lordships" House. He has always been a personal friend for whom I have entertained the greatest affection. We also deplore the fact that Lord Balfour of Burleigh cannot see his way to continue the duties which he performed with such dignity and success last session. It is not for us to inquire the reason. The noble Marquess has mentioned that this is not a Government appointment, but one which lies with the whole House, and he referred to the fact that on the occasion of Lord Morley"s election Lord Salisbury had recommended another Peer for the Chairmanship. It is rather satisfactory now to find that both the choice of the House on that occasion and the choice of Lord Salisbury have been confirmed, because the Peer whom Lord Morley, I will not say defeated, but took precedence of, on that occasion was my noble friend Lord Balfour of Burleigh, who so ably performed the duties last session.
  I need not go into the importance of the duties of Chairman. They require all the qualities which the noble Marquess has described as having been possessed by Lord Morley and Lord Balfour of
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  Burleigh. I rejoice to think that one we know so well, and who has held such high office, is now proposed by the noble Marquess to fill this post. I presume that Lord Onslow will no longer continue a member of His Majesty"s Government as Minister for Agriculture and a member of the Cabinet. I only mention that because the noble Marquess did not refer to it, but I presume it would be impossible for anybody filling high office in His Majesty"s Government to occupy this position in your Lordships' House. We on this side, if we desired it, would have really no power to affect the issue on this question, but on this occasion we will certainly cheerfully and cordially accept the proposal of the noble Marquess, and I hope that my noble friend Lord Onslow will long fulfil the responsible duties attaching to the post.
  THE MARQUESS OF LANSDOWNE: I may say, in reply to the noble Earl, that we regard it as a matter of course that Lord Onslow will not retain the Presidency of the Board of Agriculture.
  On Question, Motion agreed to, and ordered accordingly.

  BUSINESS OF THE HOUSE.
  LORD JAMES OF HEREFORD: My Lords, perhaps it would be as well that I should state at once that the Motion standing in my name on the Paper is not intended to be of a purely formal character. I am sure I shall have general acquiescence when I say that in every portion of this House a feeling has been growing that there is not sufficient opportunity afforded to your Lordships of duly discharging your legislative duties at certain periods of the session. This was accentuated at the end of last session, when your Lordships" House was placed in an anomalous position. I suggest to your Lordships that it would be a step in the right direction, and place this House in a better position for action, if the data were in an official manner placed upon record, so that there can be no doubt of the facts with which we shall have to deal. I am now, therefore, asking that a Return shall be placed upon the Journals of this House showing

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  at what dates Bills have been brought from the other House for consideration, and what opportunity has been afforded this House for the due discharge of our deliberate and legislative duties. It would, of course, be no use obtaining this Return without taking some action upon it; and I now give notice that I shall, at some future date, move a Resolution in the hope of, to some extent, extricating this House from the position in which it has been placed. In these circumstances I hope my noble friend the Leader of the House, with whom the great responsibility of dealing with public business here rests, will feel that there is nothing hostile in my Motion.
  Moved, "For a Return, showing—(1) The dates upon which any Bills mentioned in the different Speeches from the Throne during the present Parliament were introduced into the House of Commons; (2) the dates when such Bills were transmitted to this House; (3) the dates when the different stages of such Bills were taken in this House; (4) like dates in respect of Bills of an important character not mentioned in the Speeches from the Throne, but introduced by, or supported by the Government; (5) the dates of the Prorogation of Parliament in the different sessions of the present Parliament."—(Lord James of Hereford.)
  THE MARQUESS OF LANSDOWNE: My Lords, we offer no opposition whatever to the Motion of the noble and learned Lord. In fact, we on this Bench to a great extent share the views which he has expressed as to the desirability of affording to this House increased opportunities of taking a timely interest in the legislation of the session. I may, perhaps, be permitted to say that having made a very careful note of the feelings expressed in different parts of the House last year on this subject, I represented the matter as strongly as I could to my colleagues, and I am able to tell your Lordships that some of the Bills referred to in the gracious Speech from the Throne will certainly be introduced in your Lordships" House. I may mention, in particular, that the Workmen"s Compensation Bill will certainly be so introduced, and I am in hopes that we may be able to make arrangements for also
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  introducing the Valuation Bill in this House. There is, besides, an important Bill which was omitted, owing to an oversight, from the Speech from the Throne—I mean a Bill dealing with the conditions of service in the Militia, which my noble friend Lord Donoughmore will introduce in this House at an early date. There is also a Bill with regard to Crown Cases Reserved, which the noble and learned Earl on the Woolsack intends to introduce, and, I believe, another Bill dealing with corrupt practices. I hope, therefore, that I have said enough to convince my noble and learned friend that we are sincere in our desire to give the House those opportunities which he is so anxious should be accorded to us.
  On Question, Motion agreed to, and ordered accordingly.
  House adjourned at a quarter before Five o'clock, till Tomorrow, half-past Ten o"clock.