The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1881-11-11
THE LAND COURT.
CONSERVATION Among the Irish Land
lords Over Its VerdictS.


DUBLIN, Nov. z.
The Irish Land Court has given during the
past week unequivocal indications of the
spirit in which 1t intends to administer the
Land act. Justice OHagan's definition of a
fair rent is such rent as will enable the
tenant to live and thrive, This was laid
down at the opening OF the court, a
fortnight ago, and has since been applied by
the Assistant Commissioners at Belfast with
startling results to the rents on the Crawford
estate, and on the corn-mOney tenant estate of
Dundonald, both of which may be called rack
rented. In both the rent was reduced an av-
erage of one-third all round The Commits
sioners expressly said that neither estate had
been MANAGED with the hberallty expected or
usual with Irish landlords hence the reduc-
ton is greater than the probable average.
But these cases afford an example of what will
happen to rack-rented estates generally In
both cases the Commissioners personally ex-
amned infinitely the properties, There is no
reason to suppose that their decision will be re-
versed if appealed from. nor is an appeal ex-
pected. The decision of the came Com
mission respecting improvements is regarded
as still more formidable to the landlords.
1t substantially declares that improvements
shall be presumed to have been made by the
trary. This reyerses completely the presump.
ton supposed to have been created by the act
and shifts the burden of proof to the landlord,
dlsyegarding even express contracts between
landlord and tenant, under which the improve
ments became the landlords The result is
that, in fixing judicial rent, such improve
ments, which in many cases cover a large por-
ton of the value of the property, will be con-
sidered as forming no part of the capital on
ord
The decision has produced something like con-
ste nation among certain classes of landlords,
and will certainly be appealed from, though
every act and word yet proceeding from the
Land Court indicates that it is disposed to hold
to this sweeping principle.
The effect is an enormous increase in the
business of the court, which, before these deci-
sions, had shown signs of becoming unmanage-
able. Applications pour in by the Thousand.
League organs are beginning to claim this as
the result of their new policy. Be.
ing unable to prevent tenants from
resorting to the court, they now encourage lit.
CATION with the view of creating q complete
block. The truth is, the farmers are acting fo1
themselves having understood from Justice
O'Hagan's opening address that the court was
to be Tenants Court From recent appear.
ances the court will be called on to readjust the
whole rental of Ireland.
When, through slip of the tongue, Mr.
Smith, Registrar of the Land Court
proclaimed, on Oct. 10, that "the Court Of
the Land League" was open, he unwittingly
told the truth. Mr.. Justice O'Hagan ant
his colleagues did not hesitate, at the open
ing day, to declare, almost in so many
words, that they intended to interpret the
Land act and to execute it solely in the inter
ests of the tenant applicants, and the Sub
Commissioners are religiously living up to thai
profession. The landlords expected severe
treatment, but they did not count on being alb
solutely garroted. Mr.. Parnell made a great
point against the Government by de
claring that tenants who had beer
evicted during the fierce agitation
in the spring would lose the benefits of the act
But Mr.. Justice O'Hagan has ruled that al
tenants elected within six months before Aug
% (the day the Land bill became a law arr
entitled to its advantages and, furthermore
that when reduction of rent is ordered il
shall apply to all sales which have occurred
since Aug. %.
This sweeping Interpretation of the foggy
fftieth and sixtieth sections of the act alarmed
the landlords, and believe some Of them re-
solved on consulting eminent lawyers in ireland
and England, with the view of testing iii
soundness. But they were told what they
ought to have known-that the act makes the
Land Commission court of final jurisdiction,
and that there is no appeal against its decjjions
MT oven tn the HOuse of T,Ordg