It is not to be wondered at that Gladstonian finance was ever after looked at with well-grounded suspicion in Ireland.

Another circumstance that has had a serious and lasting effect on Irish population has still to be mentioned. At first the emigration movement was largely a flight from starvation, a movement that would have come to an end under normal circumstances with the end of the famine crisis. But as we have seen, the conditions were not normal; the crisis was artificially protracted by injurious financial legislation. And, in addition, although many of them perished by the way owing to the abominably insanitary conditions of the coffin ships employed for the journey, the emigrants arriving at New York or Boston soon found conditions unexpectedly favourable for the class of labour which they were best qualified to supply. America was just then opening up and turning to the new West, and the demand for unskilled labour for railway work was unlimited. The Irish emigrant seldom or never takes to the land when he goes to America, and navvy work just suited him. To a man accustomed to sixpence a day the wages offered seemed to represent unbounded wealth, and as the news spread in Ireland the move to America, which at the first seemed hopeless exile, presented itself as a highly desirable step towards social betterment. Emigration is now the result of attraction from America rather than of repulsion from Ireland, a fact which explains the failure of more than one well-meant attempt to check the movement by action on this side of the Atlantic.

ULSTER'S DEVELOPMENT.

A word should perhaps be given to the position of the industrial portion of Ulster, which has flourished so remarkably since the Union. This of itself affords sufficient proof that that Act, whatever its defects, cannot be held accountable for any lack of prosperity that may still exist in other parts of Ireland. It is sometimes stated that Ulster was favoured at the time when the commercial jealousy of certain English cities succeeded in securing a prohibition of the Irish woollen industry. The southern wool, it is alleged, was checked, and the Belfast linen was favoured—hence the prosperity of the northern capital. This is a really curious perversion of quite modern history. The linen industry was at the time in question in no sense confined to the North and was by no means prominent in Belfast. It was distributed over many districts of Ireland, for whilst Louis Crommelin was sent to Lisburn to look after the French colony settled there, and to improve and promote the industry, his brother William was sent on a similar errand to Kilkenny, and stations were also started at Rathkeale, Cork and Waterford. When, later on, the Irish Parliament distributed bounties through the Linen Board, the seat of that Board was in Dublin, and its operations included every county in Ireland.

At the time of the Union, indeed, the linen manufacture was almost unknown in Belfast, the "manufacturers" or handloom weavers in the North, as elsewhere, living mostly in the smaller country towns and bringing their webs in for sale on certain market days. From Benn's "History of the Town of Belfast," published early in the century, we learn that at that time the principal manufacture of the town was "cotton in its various branches." This industry had been introduced in 1777, we are told, to give employment in the poorhouse, but it caught on and spread amazingly. "In many of the streets and populous roads in the suburbs of the town, particularly at Ballymacarrett, the sound of the loom issues almost from every house, and all, with very few exceptions, are employed in the different branches of the cotton trade. In the year 1800 this business engaged in Belfast and its neighbourhood 27,000 persons." In 1814 there were eight cotton mills at work with steam power driving 99,000 spindles. On the other hand, "there is very little linen cloth woven in this town or parish. In 1807 Belfast contained 723 looms, only four of which were for weaving linen."

The story of the sudden change from cotton to linen is an instructive one. Cotton appears to have forced itself to the front because cotton spinning could be carried on by machinery whilst the linen weavers were still dependent on the spinning wheel for their yarn. It was Andrew Mulholland, the owner of the York Street cotton mill, who first took note of the fact that while the supply of hand-made linen yarn was quite insufficient to justify the manufacture of linen on a large scale in Belfast, quantities of flax were shipped from Belfast to Manchester to be spun there and reimported as yarn. Mulholland determined to try if he could not spin yarn as well as the Manchester people, and accordingly in 1830, "the first bundle of linen yarn produced by machinery in Belfast was thrown off from the York Street mill." That, and not legislation nor any system of State bounties or State favour, was the beginning of the Belfast linen industry in which the York Street mill still maintains its deserved pre-eminence. When the critical moment arrived, as it does in the case of all industries, when manufacturers must adapt themselves to new methods or succumb, the Belfast leaders of industry rose to the occasion and secured for themselves the chief share in the linen trade. In the rest of Ireland, it is true, the manufacture dwindled and disappeared, but whatever may have been the cause of that disappearance, it was certainly not the Act of Union.

THE LAND QUESTION.

The agrarian problem has caused more trouble in Ireland than any other, and statesmen have long recognised that on its definite settlement depends the hope of permanent peace and progress over the greater part of the country. It is not, and never has been, the real cause of rural depopulation, for, as we have seen, the increase of the rural population was most rapid at the time when agrarian conditions were at their very worst, whilst on the other hand emigration continues almost unchecked in counties where the question has been virtually settled. And in 1881 the late Mr. J.H. Tuke discovered by an analysis of the census returns that the only "townlands" in which the rural population was actually increasing were those scattered along the western seaboard of Ireland, where the tenure and the conditions of existence seemed most hopeless. But, as the Devon Commission announced in 1845, it was an essentially defective system of land tenure that lay at the root of the perennial discontent with which Ireland was troubled, and things went from bad to worse until the Party organised for the defence of the Union and the social betterment of Ireland took up the task of settling the question by the transfer on fair terms of the ownership of the soil from the large landowners to the tenants.

The system of land tenure in England has been the growth of custom gradually hardening into law; in Ireland the traditional custom was suddenly abolished, and English law substituted in its place. The English law was no doubt a better law, and one more fitted to a progressive community; but in Ireland it violently upset the traditional law of the country, and, consequently, was met with sullen and unremitting hostility. By Irish law, the tribe was owner; the tribesmen were joint proprietors, and the forfeiture of the chief did not involve the forfeiture of the land occupied by the tribesmen. By English law, however, these latter, such of them as were not expelled or exiled, suddenly found themselves transformed from joint-owners into tenants at will. Further, the difficulty of dealing direct with tenants, experienced by landlords who were in very many cases absentees, led to the abominable "middleman" system by which the owner leased great stretches of land to some one who undertook to "manage" it for him, and who in turn sub-let it in smaller patches at rack-rents to those who, to get back their money, had to sub-let again at still higher rents. The result was, as an official report in the eighteenth century states: "It is well known that over the most part of the country, the lands are sub-let six deep, so that those who actually labour it are squeezed to the very utmost." And Lord Chesterfield, when Viceroy, complained of the oppression of the people by "deputies of deputies of deputies." The eighteenth-century policy of checking or suppressing the industrial enterprises of the English colony aggravated the evil until, as Lord Dufferin expressed it: "Debarred from every other industry, the entire nation flung itself back upon the land, with as fatal an impulse as when a river whose current is suddenly impeded, rolls back and drowns the valley it once fertilised."

In time the middleman tended to die out, but the evil results of the system in preventing direct and friendly and helpful relations between landlord and tenant remained. Here and there, even in Arthur Young's time, enterprising and devoted landlords had established something like the "English system" on their estates, but, as a rule, the landlord remained a mere rent charger. The report of the Devon Commission says:—

In a word, as one who owned land both in England and in Ireland put it, "In England we let farms, in Ireland we let land." And by law an unjust landlord had the power at any moment to expel a tenant or a group of tenants, although no rent was owing, and without giving any compensation for the "improvements" which were the sole work of the tenant. Most landlords acted reasonably and equitably in such matters, but, especially among the new class of purely mercantile purchasers who came in under the Landed Estates Court after the great famine of 1846, there were too many who insisted on their extreme legal rights, thus disturbing the peace of the country and producing the Irish Land Question in an acute form that called for State interference.

The systems of "compensation for improvements" (1870), and of rent fixing by itinerant tribunals (1881), were tried in turn, but each was found to raise more difficulties than it settled, until finally Mr. Parnell and his Land League set the whole country in a flame, and produced a series of strikes against the payment of any rent. For some years it is hardly too much to say that the law of the League, with its purely revolutionary propaganda, supplanted the law of the land and reduced large areas to a condition of chaos, the decrees of the "village ruffians," who ruled the situation, being enforced by systematic outrage and assassination.

The first statesman who made a really serious attempt to meet this appalling state of things was Mr. Arthur Balfour, who, as Chief Secretary for Ireland, resolutely took up the task, first of repressing crime and enforcing the law, and then of recasting the whole land system in such a way that the tenant, transformed into an owner, would for the first time feel it his interest to range himself on the side of the law and of orderly government. At the same time, a systematic attempt was made to deal with the question of perennial poverty in the extreme West of Ireland in what came to be known as the "Congested Districts." The construction of railways and piers, the draining of land, and the provision of instruction in agriculture, fisheries, etc., speedily gave promise of a new era in the economic history of a hitherto helpless and hopeless population.

All this was done by Mr. Balfour and his successors in spite of opposition and obstruction of a kind such as no Chief Secretary had ever before had to encounter. Formerly, all through the centuries, whenever a Viceroy or Chief Secretary was face to face with an organised outbreak of crime and sedition in Ireland, both British parties united in supporting and strengthening the hands of the executive as representing the Crown. Mr. Gladstone's extraordinary reversal of policy and principle in the winter of 1885-86 put an end to all this, and gravely increased the difficulties of the Irish Government.

When Mr. Gladstone was first confronted with the demand for Home Rule, even in the mild and constitutional form advocated by Mr. Isaac Butt, and his Home Government Association, founded in the autumn of 1870, he promptly declared, like Mr. John Morley, that legislative Union with Great Britain was the only position permanently possible for an island situated as Ireland is. In a speech at Aberdeen[19] he indignantly asked—

And for fifteen years, in power or in opposition, Mr. Gladstone preached and acted upon the same doctrine. When the Land League was founded he denounced it as an organisation whose steps were "dogged with crime," and whose march was "through rapine to the dismemberment of the Empire." The League was finally "proclaimed" by his Government as a criminal conspiracy and its members, from Mr. Parnell downwards, arrested and imprisoned without trial as being "reasonably suspected" of criminal practices.

This continued until in an unfortunate moment for himself Mr. Gladstone discovered, in November, 1885, that the votes of Mr. Parnell and his eighty-six colleagues were necessary for his own return to power as Prime Minister, whereupon he entered into negotiations which resulted, on the one hand, in his securing the necessary votes, and on the other in his accepting the principles and the policy of those whom until then he had denounced and imprisoned as instigators to crime and sedition. He rightly recognised that there was no half-way house, and that he could not become a Home Ruler without accepting and defending the actions of the Home Rulers. He worshipped what he had formerly burnt, and he burned what he had hitherto worshipped. The result was that for several years England beheld for the first time the scandalous spectacle of men who had held high office under the Crown openly defending—and even instigating—lawlessness and disorder, shielding and excusing criminals, proved such before the courts, and thwarting, misrepresenting, and obstructing those whose duty it was to restore order and legality in Ireland.

Such were the difficulties that confronted Mr. Arthur Balfour as Chief Secretary for Ireland from 1887 to 1891, difficulties which he surmounted with such resolution and such statesmanship that he retired from an office that has been called "the grave of reputations" with a reputation so much enhanced as to ensure him the leadership of his party and the gratitude of Irishmen of all classes for generations to come. And yet his method was a supremely simple one—to reassert the supremacy of the law, to neglect, almost ostentatiously, all merely political cries, and to set himself seriously to deal with the real Irish question, that of conferring some measure of security and prosperity on a population which over wide districts had known too little of such things.

Occupying ownership of Irish land by means of State credit was not, of course, a new policy in Mr. Balfour's day. The Bright clauses (1869) had introduced the principle into the Statute-book, and Lord Ashbourne's Act (1885) had carried it several steps further. But it was Mr. Arthur Balfour and his successors, Mr. Gerald Balfour and Mr. George Wyndham, who carried it by a series of boldly conceived steps almost within sight of completion. So thorough was the success of this policy of land purchase, and so marked was the cessation of crime and outrage and seditious agitation in every district into which it was carried, that those who made their living by agitation grew alarmed, and did all in their power to stop the working of the Purchase Acts. One Nationalist member declared that the process had gone "quite far enough," and that he wished it could be stopped. The farmers who had purchased their holdings were declared to have become selfish, and "as bad as the landlords." In other words, they had become orderly and industrious, and had ceased to subscribe for the upkeep of the United Irish League and its salaried agitators.

The unhappy result of this outcry on the part of those whose occupation would be gone, and who would be compelled to resort to honest industry should Ireland become peaceful and prosperous, was the passing of Mr. Birrell's "amending" Bill, which has practically stopped for the present the beneficent working of the Wyndham Act of 1903. Under the various purchase Acts over 180,000 Irish farmers have become the owners of their holdings, thanks to over one hundred millions of public money advanced on Imperial credit for the purpose. The first task of a Unionist government, when again in power, must be the resumption of this policy of State-aided land-purchase—the only completely and unquestionably successful and pacifying piece of agrarian legislation in the history of English rule in Ireland.

Other writers will give, later on, a more detailed account of various branches of Unionist practical policy in Ireland. The story of the Congested Districts Board, Mr. Arthur Balfour's special work, is a romance in itself. So well, in fact, has it accomplished its immediate task that the time has probably come when it could with advantage be merged in the later-created Department of Agriculture and Technical Instruction. This department, which has been linked up with the County or Borough Councils, by the legislation of Mr. Gerald Balfour, has done an immense amount of educational and practical work in connection with agriculture in all its branches, including dairying, poultry rearing, fruit-growing, and other rural industries, not to speak of technical instruction in matters suited for artisans and town workers.

These remarkable achievements, the work of successive Unionist Governments from 1896 to 1906, have revolutionised the face of the country, and are bringing about a new Ireland. The chief danger now lies in the intrigues of discredited politicians, whose object is to divert the eyes of the people from practical, remedial, and constructive legislation, and to keep them fixed upon what Mr. John Morley has called "the phantom of Irish legislative independence."

CRITICAL

III

Few things are more remarkable in the Parliamentary history of the Home Rule movement than the complete absence from the counsels of the English advocates of Home Rule of any definite and settled policy as to the form of self-government to be offered to Ireland, and their consequent oscillation between proposals radically differing from one another. Since the "new departure" initiated by Davitt and Devoy in 1878,[20] it has been the deliberate practice of Irish Nationalists to abstain from defining the Nationalist demand and to ask in general terms for "self-government," doubtless with the object of attracting the support of all who favour any change which could be described by that very elastic term. Such a policy has its advantages. But confusion of thought, however favourable to popular agitation, is a disadvantage when the moment for legislation arrives; and uncertainty as to the aim goes far to explain the vacillation in Home Rule policy.

Mr. Gladstone's Home Rule Bill of 1886 would have given to Ireland the substance of "responsible" or colonial self-government, subject only to certain reservations and restrictions, the value of which will be considered later in this chapter, and would have excluded the Irish members and representative peers from the Parliament of the United Kingdom. By the Bill of 1893 the reservations and restrictions were increased, and representatives of Ireland were to be permitted to sit at Westminster—by the Bill as introduced for some purposes, and by the Bill as passed by the House of Commons for all purposes.

After the defeat of this second Bill, a "cold fit" appears to have seized the Liberal Party. Lord Rosebery, in 1894, declared that before Home Rule could be carried England, as the predominant partner, must be convinced. Sir Edward Grey in 1905 declared that his party on its return to power would "go on with Sir Anthony MacDonnell's policy," which he rightly described as a policy of large administrative reforms; and Mr. Asquith "associated himself entirely and unreservedly with every word" of Sir Edward Grey's speech.[21] Accordingly the Irish Council Bill proposed by Mr. Asquith's Government in 1907 was purely a measure of devolution, certain administrative functions only being put under the control of an Irish Council, subject to the veto of the Lord Lieutenant, and the whole legislative power remaining in the Parliament of the United Kingdom. This proposal, having been condemned by a National Convention at Dublin, was incontinently withdrawn.

In the years succeeding this fiasco the Liberal policy for Ireland appeared to be at the mercy of shifting winds. For some time Liberal speakers contented themselves with vague declarations in favour of Federalism or "Home Rule all round"—phrases which may mean much or little according to the sense in which they are used. More recently an able writer,[22] while admitting that "there is no public opinion in Ireland as to the form of the Irish Constitution," has argued in a work of 350 pages in favour of the grant to Ireland of full legislative, administrative and financial autonomy; while a member of the Government[23] declared that fiscal autonomy for all practical purposes means separation and the disintegration of the United Kingdom. In a publication recently issued by a committee of Liberals, comprising several members of the present Government,[24] two views directly contrary to one another are put forward, one writer arguing for a devolution to an Irish body of "definite and defined powers only," and another for the grant of the widest possible form of Home Rule and the exclusion from Westminster of all Irish representation. The latest official pronouncements indicate that the Government have it in their minds to revert to the Gladstonian form of Home Rule; but even now[25] no one outside the Cabinet, and possibly few inside that inner circle, would venture on a confident prophecy even as to the broad lines of the measure which in a few days may be submitted to Parliament as representing the urgent and considered demand of public opinion.

Franklin said truly that—

But surely on a question of such vital moment to the Empire as the revision of the constitution of the United Kingdom, the bases, if not the details, of the contemplated change are deserving of prolonged consideration and even of some public and ordered discussion. The British North America Act, 1867, by which the relation of the Dominion of Canada to its provinces is regulated, was the result, not only of years of preliminary debate in the provincial Legislatures and elsewhere, but of a formal conference at Quebec in 1864, followed by the appointment of delegates to confer with the Imperial Government on the matter. In Australia the proposal for union, agitated at intervals since 1846, was canvassed in every detail at inter-colonial Conferences or Conventions in 1883, in 1891, and in 1897-8, as well as in the several colonial Legislatures, before it was embodied in the Australia Constitution Act, 1900. And although in the case of South Africa, owing to the urgency of the question of union, the time occupied in the discussion was less than in the other great dominions, yet in the Convention of 1908-9 the best brains in the country were occupied for months in considering every detail of the proposal for union before it was submitted to the Colonial and Imperial Parliaments for their sanction.[26] And yet in the Mother Country, where centuries of military and political conflict have given us the Union, it is considered that a few weeks' consideration by a committee of the Cabinet, without advice from independent constitutional experts,[27] and without formal consultation even with the Government's own supporters outside the Ministry, is sufficient to determine both the general form and the details of a proposal for its dissolution.

In the confusion so engendered it may be useful to consider in some detail the different proposals which have been or may be made under the name of Home Rule, their special qualities and dangers, and the results to which they may severally lead.

RESPONSIBLE GOVERNMENT.

A proposal to give to Ireland full "responsible" government, without any other limitations than such as are imposed on our self-governing Colonies, would find few supporters in this country. Under such a constitution an Irish Government would have power to forbid or restrict recruiting for the Imperial forces in Ireland, and to raise and train a force of its own. It might establish or subsidise a religion, make education wholly denominational, levy customs duties on imports from Great Britain and give fiscal advantages to a foreign power, confiscate or transfer property without payment, and deprive individuals of nationality, franchise, liberty, or life without process of law. However improbable some of these contingencies may appear, it is right on a matter of so much moment to consider possibilities and not probabilities only. Such powers as these could not without serious risk be conceded to any part of the kingdom, and in the case of Ireland there would be a special danger in granting them to a popularly elected body.

In the first place, the national safety would be involved. Englishmen were at one time too fond of saying that the great Colonies might, if they chose, sever the link which binds them to the Mother Country. Happily, in their case, no such catastrophe need now be considered. But it would be folly to shut our eyes to the fact that to many Irishmen national independence appears to be the only goal worth striving for. If the concession of full responsible government should be followed (at whatever interval) by an assertion of complete independence, we may assume that Great Britain would follow the example of Federal America and re-establish the Union by force of arms, but at how great a cost! Those who deny the possibility of a serious movement towards separation would do well to remember Mr. Gladstone's reference[28] to the position of Norway and Sweden, then united under one crown:—

The tie was broken within twenty years.

It may be that the Nationalist leaders, or some of them, do not desire separation; but it by no means follows that a concession of their demands would not lead to that result. Franklin, in 1774, had an interview with Chatham, in which he says—

And yet independence came within ten years.

In the case of the United Kingdom there is no need to consider in detail how serious would be the effects—naval, military, and economic—of separation, for the gravity of such a contingency is admitted by all. Admiral Mahan, the American naval expert, writes that—

Some Home Rulers are able to—

but to less lofty souls it appears that the safety of the nation is paramount, and that upon it depends the prosperity of each of its component parts.

In the next place, in considering whether complete "colonial" self-government can be conceded to Ireland, it must not be forgotten that the island is bi-racial, that the two races differ widely in character, in politics, and in religion, and that the differences are apt to find vent in violent conflict or secret attacks. Further, Ireland has for generations been the scene of a revolt against one particular species of property, the ownership of land; and although under the operation of the Land Purchase Acts this cause of conflict tends to abate, it still breaks out from time to time in the form of cattle drives and attacks on "land grabbers."[31] Hitherto we have, broadly speaking, kept the peace. That we should now forsake this duty, and, washing our hands of Ireland, leave the Protestant and the landowner, at or small, to his fate is unthinkable.

In connection with the question last-mentioned it may be necessary at some time to consider how far it is the constitutional right of this country to impose upon the minority in Ireland the new obligations implied in a grant to the whole island of colonial Home Rule. It may be that the Imperial Parliament can disallow the claim of a section of the population of Ireland to remain subject to its own control. But it is one thing to reject the allegiance of a community, it is quite another thing forcibly to transfer that allegiance to a practically independent legislature; and this is especially the case when the transfer may involve the use against a loyal population of coercion in its extreme form.

CHECKS AND SAFEGUARDS.

In every formal proposal for Home Rule in Ireland, weight has been given to the above considerations, and attempts have been made to meet them by qualifying the grant of responsible Government. The qualifications suggested have taken the form of (a) the reservation of certain powers to the Imperial Parliament, or (b) the restriction of the powers granted to the Irish legislature by prohibiting their exercise in certain specific ways, or (c) the provision of some form of Imperial veto or control. It is important to consider whether and how far such checks or "safeguards" are likely to prove effective and lasting.

The "safeguards" proposed by the Government of Ireland Bill, 1886, were somewhat extended by the Bill of 1893; and the proposals shortly to be submitted to Parliament, so far as they can be gathered from recent speeches of Ministers, will not in this respect differ materially from those contained in the latter Bill. It will therefore be convenient to take as a basis for discussion the provisions of the Bill of 1893, as passed by the House of Commons.

The Bill of 1893, after stating in a preamble that it was "expedient that without impairing or restricting the supreme authority of Parliament an Irish Legislature should be created for such purposes in Ireland as in this Act mentioned," proposed to set up in Ireland a Legislature[32] consisting of the Sovereign and two Houses, namely a Legislative Council of 48 members to be returned under a restricted franchise by the Irish counties and the boroughs of Dublin and Belfast, and a Legislative Assembly of 103 members to be returned by the existing parliamentary constituencies in Ireland. A Bill introduced into the Irish Legislature was to pass both Houses; but in the event of disagreement the proposals of the Legislative Assembly were to be submitted, after a dissolution or a delay of two years, to a joint Session of the two Houses. The executive power was to remain in the Crown, aided and advised by an Irish Ministry (called an Executive Committee of the Privy Council of Ireland), and the assent of the Crown to Irish legislation was to be given or withheld on the advice of this Executive Committee subject to any instructions given by the Sovereign.

The specific reservations and restrictions were contained in clauses 3 and 4 of the Bill, which were as follows:—

The power to impose taxation other than duties of custom and excise was to be transferred, subject to a short delay as to existing taxes and to a special provision in respect of taxes for war expenditure, to the Irish Legislature (clause II). Two judges of the Supreme Court in Ireland, to be called "Exchequer Judges," were to be appointed under the Great Seal of the United Kingdom, and to be removable only on an address from the Imperial Parliament; and proceedings relating to the reserved powers or to the customs or excise duties were to be determined by such judges (clause 19). Appeals from the Courts in Ireland were to lie to the Judicial Committee of the Imperial Privy Council (clause 21); and any question as to the powers of the Irish Legislature could be referred to the same Committee (clause 22). The Royal Irish Constabulary and Dublin Metropolitan Police Force were gradually to disappear, and police matters to be regulated by the Irish Legislature and Executive (clause 29). The Irish Legislature was to be prohibited from passing land legislation for a period of three years (clause 34).

As to these proposals the first observation that occurs is that, in addition to the matters proposed to be reserved, there are others in which legislative uniformity throughout the kingdom is greatly to be desired. To mention but a few such matters, questions of status, contract and succession, of international trade and navigation, of the regulation of railways and of industrial labour, and of the criminal law, should not be differently determined in different parts of the kingdom; and as life becomes more complex, the number of subjects in which diversity of laws is a hindrance continues to increase.

In the next place, it is to be noted that the checks proposed affect legislation only and not administration. If the Bill of 1893 or any similar Bill should become law, the whole executive power in Ireland will be in an Irish Ministry responsible to an Irish Assembly; and it is obvious that many of the wrongs against which the restrictive clauses of the Bill were directed may be inflicted by administrative act or omission as effectively as by legislation. To quote a work of authority[33]—