The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1913-10-02

tn the governor, as follows
of land. These latter, not knowing
the heart of the farmer, and anxious
to secure larger profits as well as
social recognition, are disposed to ad-
vance rents, sometimes beyond the
limits OF justice.
IL was largely to correct the abuses
that have grown out of this custom
that the land legislation of the last
thirty years has been enacted This
legislation (Which may be found in its
complete form in the Public General
Acts, l90S) endeaYors to conserve the
rights, first, of the i9,fd; second, of the
tenant; and third, of the landlord
The British law does not recognize
the landlord as the absolute owner of
the land. The spirit of the lad is best
stated by a definition given us by a
Scotchman who has given this subject
much study, namely; Land and all
that is in it and on it belongs to who
ever put it there" There is no ques-
tioning of the means by which these
large estates came into the hands OF
the ancestors of the present owners.
The landlord has title TO the land it.
self, and in England and Scotland he
also owns the improvements which
he and his ancestors put there; but
there is recognition of the right of the
tenant to remove at the end of his
lease without damage to the inter
ests of the landlord) any improve
ments he has been obliged to make,
and especially of his right to any fer.
tility he may have added to the land
during his occupancy.
For example, if he has bought stock
feeds. such as Indian corn, oil meal,
cottonseed meal. or any other meal,
and has fed il to stock, he Is credited
with the manurial value Of that feed
until be has had opportunity to recov-
err II during the term of his lease or
OF his occupancy. If he has plowed
under cover or other humus material,
he is entitled to compensation in case
to commercial fertilizers.
On the other hand. if he has sold off
the farm certain grains specified by
the law, the landlord has the right to
sue him to recover the manurial value
of the feeds sold, or to demand that
an equivalent be returned to the land
by the tenant
The landlord may not raise the rent
because of any increase in fertility
which the tenant may have put in the
land And If he does so without rea-
sons justified by good hqsbandry, &C
cording to the custom of the country
and neighborhood the tenant may re-
cover not merely for the expense OF
removal. but for any damages that he
may have incurred. This Is called
suing for disturbances. When d
lease expires and Is not renewed, and
the tenant actually leaves. he is en-
titled to recover for any uneXhausted
manures. This the landlord must pay.
He charges it up to the land. This
must be assumed by the incoming ten,
ant the equities being determined by
an arbitrator, an expert in lands and
manures, appointed by the depart
ment of agriculture. From his decis'
ions there can be an appeal, and a
second appeal, but no more. This de-
cision, If at all just, is practically
final.
This brings us to the very core OF
the matter The tenant, being assured
of payment for any unexhausted fer
tility he may have added to the land
is encouraged to do his best, and nat
lurally desires to remain on the land
for long period, usually the longer
the better. On the other hand, the
landlord. being indisposed TO pay the
debts of the land, is anxious to retain
the tenant as long as possible. This
explains why the one year lease Il
something practically unknown ethel
in England, Scotland or Wales.
II also explains the fact surprising
to us, that lands in these countries
usually maintain their fertility, This
was not the case prior TO the enact
ment OF these laws. Under the ole
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