Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1881-11-10

THE LAND COURT.
CONSERVATION Among the Irish Land
lords Over Its Verdicts.

DUBLIN, Nov. 7.
The Irish Land Court has given during tho
past week unequivocal Indications OF the
spirit in which IT intends 10 administer the
Land act. Justice OHSsan's definition OF
fair rent ia such rent as will enable the
tenant to live and thr =, 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 tho Crawford
estate, and on tho 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 CommiB-
Hioners expressly said that neither estate had
been managed with the liberahty expected or
usual with Irish landlords hence the reduce
ton is greater than the probable average.
But these cases afforL example OF what W Il
happen TO rack-rented estates generally In
both cases the Commissioners personally OK
amined infinitely the properties. There is no
reason TO suppose that their decision will be re-
Yersed 10 appealed from, nor is an appeal OK
pected. The decision OF the pamc Com
mission respecting improvements is regarded
as still more formidable TO the landlords
II substantially declares that improvements
shall be presumed TO have been made by the
tenant unless the landlord can prove the con
trary. This reverses completely the presuInp-
and shifts the burden OF proof to the landlord
disregarding even express contracts between
landlord and tenant, under which the improve
ments became the landlords. The result il
that, in fixing a judicial rent, such improve.
ments, which in many cases cover large por-
ton Of the yalue OF the property, will be con
sidered as forming no part OF the capital on
which the landlord Is entitled 10 receive rent
The decision has produced something like CON
sternation among certain classes of landlords
and will certainly be appealed from, though
every act and word yet proceeding from the
Land Court indicates that II is disposed to bold
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 numanage.
able. Applications pour in by the thousand
League organs are beginning 10 claim this AZ
the result Of Their new policy. Be
ing unable to prevent tenants from.
resorting to the court, they now encourage liti-
CATION with the view of creating a complete
block. The truth Ia, the farmers are acting for
themselyes, having understood from Justice
o'Hagan's opening address that the court was
TO be Tenants Court. From recent appear.
ancss the court viii called on 10 readirist the
whole rental Of Irelal :
When, through a slip Of the tongue, Mr..
Smith, Registrar Of the Land Court.
proclaimed, on Oct. IS, that "the Court O.
the Land League" was open, he unwttngly
told the truth. Dir. Justice OHagAn and
his colleagues did not hesitate, at the open
ing dAv, to declare, almost IN so many
words that they intended to interpret the
Land act and to execute IL solely IN the inter.
ests Of the tenant applicants, and the Sab.
Commissioners are religiously living up to thai
profession The landlords expected severe
treatment, but they did not count on beiBg ab.
solutely garroted. Mr.. Parneg made a great
point against the Government by do
claring that tenants who had been
evicted during the fierce agitation
in the spring would lose the benefits Of the act
But Mr.. Justice OHagan has ruled that 81
tenants elected within six months before Aug.
70 (the day the Land biI became lew) are
entitled to its advantages and furthermore.
that when a reduction Of rent Is ordered il
shall apply TO all sales which have occurred
since Aug. p.
This sweeping Interpretation Of the foggy
fftieth and sixtieth sections Of the act alarmed
the landlords, and belieSe some Of them re-
solved on consulting eminent lawyers in Ireland
and England, with the view OF testing lis
soundness. But they we're told What they
ought to have kn0wn-thst the act makes the
Land Commission court Of final jurisdiction.
and that there "a no appeal against its decisions,
not even 70 the HOME Of Lords
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