8
—considering the large amount of money, the thousands of pounds they
have had and will have given to them—in point of fact, they have had an
offer of something like £4000; you may take it that that positively is put
into their pockets. I was about to say, that if you were to settle it like
that, you would set a most lamentable example, in my opinion, to the
other cases which will shortly come before you, which certainly, as far as I
know, do not offer any palliation in the same way as these two cases of
Messrs. Paul do. They do offer some amount of palliation, I do not mean
to deny that at all. The enclosures are a long way back, and upon that
ground some sympathy may be felt for them. I submit to you that it would
not only be a very bad example if the land is given to them in perpetuity,
but great responsibility would be incurred in the conduct of other cases.
Sir, I think I have said all I have to say. I am very much obliged to
you for your patience. I come before you as one who knows a good deal
about it. I think very few people know more about these questions than
I do, and I hope my observations will have that attention which I am sure,
Sir, you will give them.
Sir WILLIAM HARCOURT: There is one matter I should ask you
to deal with. Mr. Burney, I am bound to say, made a criticism upon our
conduct which, I think, was well founded. He said that there was a class
of evidence we had not brought, and we ought to have brought. I wish
to call your attention to it that you may deal with it as you have dealt with
difficult matters of that kind before, and that is, that you would make the
enquiry as to what is the ordinary term in the case of nursery gardens of
this description, where the nursery gardens have land upon lease, of which
there are many examples, and you could satisfy your mind as to what the
habitual term of those leases is—I mean as regards land and the power of
giving notice, and so on. That is then a point upon which I take the
entire blame to myself for not having supplied you with information ; I do
think it is a very important information and that you should have it. I only
put it as an hypothesis. If nursery gardeners are in the habit of taking land
for the purposes of their trade upon 14 or 21 years' lease, or for any other
term, I do not say that because that would be giving evidence, that is a
character of evidence which I feel we ought to have furnished you with in
this case, and therefore, not having done so, if you will take any course
you think best to satisfy your mind upon that subject.
The ARBITRATOR : I think the way I will deal with it is this. If
I were to come to the conclusion that is unnecessary or undesirable that
the land should be thrown open, so that Messrs. Paul remain owners in
perpetuity, then all the evidence would be unnecessary. If I come to the
conclusion that they ought to have a temporary interest given them, then
that evidence will be material. It struck me the moment Mr. Burney
mentioned it. But I had better first see what conclusion I come to. There
must be some further argument as to value in either case, only it would be
on the one principle or the other according to whether the interest is
perpetual or temporary.