Second Shetland Truck System Report Part 20

The first of these reasons is felt and stated by some of the fishermen themselves. But are Shetland fishermen more improvident than other people similarly situated would be?

Under the present system of credit transactions, indeed, it would be strange if a part of them were not careless and extravagant, and it would not be strange if a great majority were hopelessly improvident and insolvent. No man is more likely to waste his means than he who never knows how much he has to spend; and this general truth is not likely to fail in its application to men following a precarious calling in which there are great runs of luck, and who have been brought up from their earliest years to expect their employers to supply their pressing wants in times of adversity. But the objectors themselves a.s.sert, and there is no reason to doubt, that a very considerable proportion of the people have saved money in spite of the influences under which they live, and have, for their rank in life, large deposits in the banks.

If many of them are careless and improvident, that is a reason, not for continuing, but for altering a system which is admirably conceived for promoting extravagance and recklessness about money. If some Shetlanders are improvident, it is the system which has made them so; and if it be a fact that so many have saved money, it proves that under a better system the people of Shetland would compare favourably with those of any other district in frugality and foresight. If the fisherman had his money in his hand, it is not likely that he would forget rent day and the time of short supplies which he has often to pa.s.s through in spring.

[R. Halcrow, 4700; R. Malcolmson, 4781; P.M. Sandison, 5227; G. Gilbertson, 9578; J. Hay, 5375; P. Blanch, 8565; C. Young, 5815, 5918.]

It is said that in bad years, when the crops or the fishing, or both, have failed, the population would starve in winter and spring if the merchants were not to make advances of meal and provisions; and that they could not do this, but for the security afforded by having the men engaged to fish to them for a price to be settled only at a distant day. Even if supplies of food are not required, men may be unable to go to the fishing for want of boats, lines, and hooks, which they have to get from the curer, and which, it is contended, may properly form a first charge against the proceeds of the enterprise. Fishing is always most productive when the men are paid by shares, not by wages; and it is not desirable to introduce any change which would necessitate the payment of the men by wages.

[W. Irvine, 3896; T. Gifford, 8150; H. Hughson, 9599; W. Irvine, 3834; A. Sandison, 10,007; L.F.U. Garriock, 12,605.]

It may be replied, that however true this may be, it just presents one of those cases in which the weaker party is likely to be led into a disadvantageous bargain, and in which, upon recognised principles, the law may interfere for his protection, by regulating the bargain so made, or by teaching him how to escape from the position of disadvantage. The transition to a new state of things might in bad seasons be attended with some difficulties and hardships, especially to those who are now indebted. Thus Mr. A. Sandison, in recommending a system of monthly payments, says, 'I think it would pauperize a number of the fishermen, because there are a great number of them in debt, and in the transition from the one system to the other they would require to pay up their debts, so far as their means would go' (Q.

10,015).* One cannot avoid observing that this cla.s.s of objectors to cash payments exaggerate both the inability of the people to provide against the evil future, and the value of the 'merchants' as a source of credit in bad times. It is impossible to judge of the energy that would be exerted under the stimulus of necessity by a population which has always had landlords, tacksmen, and merchants to depend on in adversity. Those who urge that the men could not live, or at least could not go to fish, unless the merchants were there to supply their wants, forget that, while the existing system presents one ready source of credit to fishermen, it closes up all others. The fish-merchants, by getting delivery of their debtors' fish, have such a security for their accounts, that other shopkeepers do not now venture to furnish any but the smallest quant.i.ty of goods to the average fisherman on credit.

But if there was some certainty that the fish-merchant had not a contra account against the fisherman, at least equal to the price of his fish, other merchants would not have the same reason, in cases of necessity, for refusing to give some credit to deserving men.

This is shown by the fact-certainly an exceptional one-that a most successful business has been established in Dunrossness by Mr. Gavin Henderson, in a district where the tenants are strictly bound, and that he has been in the habit of giving credit to considerable amounts to fishermen bound to other merchants.

And other cases of credit sales by others than the fish-merchant are recorded. The extension of credit dealings with smaller shopkeepers is, however, strongly deprecated by Mr. Spence and Mr. Sandison, partners of the firm of Spence & Co. It is enough to remark, that such credits would be subject to the ordinary rules of the law; and that if they were found to be injurious, it would for the Legislature to consider whether the rule of the Arrestment of Wages (Scotland) Act 1871, or a short prescription, should not be extended to them.

*'10,016. Do you think the fishermen under that new system would not be able to get credit to a certain extent?-I don't see how some of them could. For instance, take the year 1869. In 1868 the fishings were almost a failure. Our total catch in Unst and Yell amounted to 1607, which could not average much over 4, 10s. to each fisherman. That year we imported meal and flour to the amount of 1824, cost price per invoice; we paid in cash for rents to Major Cameron, Mr. Edmonstone, Lord Zetland, and others, 1600; and we expended on fishing-boats and fish-curing materials 780,-being a gross amount of outlay of 4223 against the fishing, the return for which, as said, was only 1607.'

[R. Henderson, 12,855; M. Laurenson, 7342; D. Edmonstone, 10,658; J. Thomson, 11,711; L. Moncrieff, 11,518; G. Georgeson, 12,032, 12,118; J. t.w.a.tt, 12,186; J. Spence, 10,559; A. Sandison, p. 248, f.n. 10, 494.]

It may be contended that a law which would restrict the freedom of fishermen to contract for payment in proportion to the profits realized on their fish, would be inexpedient; but it is not impossible to frame an enactment which, leaving them this power, should require payment, weekly or monthly, of such a proportion of their earnings as would obviate the necessity of living on credit.

OPINION OF MR SANDISON IN FAVOUR OF SHORT PAYMENTS

It is satisfactory to find one of the most enterprising and intelligent merchants in Shetland stating a strong opinion in favour of a system of monthly payments for fish. Mr. Sandison's evidence on this subject, with which the other members of his firm agree is as follows:-

'10,006. Do you think it would be possible to introduce any system by which the settlement should not be made at such long intervals?-I have considered the matter seriously since the Truck Commission was first spoken about, and I have come to the settled conviction that it would be very much better for the curer to pay monthly in cash.'

'10,007. Would that payment be according to the quant.i.ty of fish delivered, or by way of wages, or partially both?-There are two reasons why I think wages would not do. In the first place, the fishermen would not like to take wages, because if they make a good fishing they would not get so much as they do now; and, in the second place, I am sorry to say that with the greater part of them, if they got wages they would not fish half so much.'

'10,008. Then what system would you suggest?-I think the right system is just to fix a price at the beginning of the year of so much per cwt. for green fish, and pay it monthly or fortnightly in cash as may be agreed upon.'

'10,009. Do you think it likely from your experience that the fishermen would agree to that?-Two years ago in North Yell, when I settled with the fishermen there, I urged the men to take cash payments, because we had no store there, and it was an inconvenience for us to send goods. We had to employ a man and pay him, which cost us something. But I found that they all declined my proposal. In the same year, 1870, I tried to engage our fishermen in the south of Unst and in Yell at a fixed price, and I did so. Every fisherman who went out in the south end of Unst and Yell that year was engaged at 7s. per cwt. I made that bargain in December in writing; but when settling time came we could afford to pay them 7s. 3d., and I did so, according to the previous practice. I might have pocketed 30 by that transaction; but if I had done so, the fishermen would have thought I had treated them dishonestly.'

'10,010. Were they going to grumble?-I have no doubt some of them would have grumbled if they had not got the additional price.

I would not say that all of them would have grumbled, because there are some of our fishermen who are very intelligent and very reasonable men, and who would have understood the thing, and said that a bargain was a bargain.'

GENERAL INQUIRIES AS TO FISHERIES IN OTHER PLACES

I have thus endeavoured to state some of the general considerations on both sides of the question as to the possibility and expediency of introducing, by direct or indirect legislative action, a system of cash payments into the Shetland fisheries. In such an investigation it is natural to ask how fishing undertakings are conducted elsewhere, and whether indebtedness and truck are necessary elements in the condition of all fishermen. In the hope of obtaining an answer to this question, which might either suggest a remedy for the case of Shetland, or might show how far local and exceptional legislation is admissible, I made some very general inquiry as to the state of fishermen elsewhere in regard to the mode of paying their earnings. For this purpose some personal and informal inquiries were made in Orkney and Wick; and at Edinburgh two of the employees of Mr. Methuen, the most extensive fish-curer in Scotland, who has stations on almost all parts of the coast, were examined. The prima facie conclusion derived from such inquiries is, that where fishermen are not within easy reach of a fresh market, they are apt to be largely in debt to the fish-curers. In Orkney, the social state of which formerly closely resembled Shetland as it now is, a great change has been effected by the improvement of agriculture. The tenants have to a large extent abandoned fishing, finding sufficient employment and adequate support in cultivating their farms. In Orkney the fish-curers have in general no shops. I was not able to ascertain whether there is any practice of guarantees, such as is said to exist at Wick and Stornoway.

[G.S. Sutherland, 16,661 sqq.; D. Davidson, 16,920 sqq.]

COMBINATION OF FISHING AND FARMING

Orkney is referred to as showing the beneficial effect of separating the occupation of fishing from that of farming. It is not, however, certain that the immediate separation of fishing and farming in Shetland is either possible or desirable. It is held by some of the chief opponents of truck in Shetland that the land will be most profitably managed under a system of sheep farming, and that the fisheries also will be most productive if the fishermen are not dependent for a material part of their subsistence upon their crofts, but are stimulated by necessity to go to sea during the greater part of the year. The 'improvements' which have been begun with the view of effecting this separation on the Garth and Annsbrae estates, have given rise to much of the indignation which the introduction the of sheep farming and depopulation has been wont to excite in similar cases. Nothing but actual experiment, however, will prove whether cod and ling fishery can be prosecuted successfully from the coasts of Shetland in winter. The fishermen here do not, like those of Wick, described in the paper of Mr. M'Lennan, fish all the year round in modes adapted to the varying seasons. Almost their only profitable fishing is in the summer months; and it seems to be certain that the haaf fishing could not be successfully prosecuted in winter with the present open boats. These, buoyant and wonderfully safe and handy as they are, afford no shelter, and cannot in stormy winter weather keep the sea for any length of time. When a storm comes on the Shetland fisherman makes for land, although it is in approaching it that he meets with the dangerous tideways in which the shipwrecks of his comrades have usually taken place. In winter and spring these storms are so frequent and so sudden, that it is impossible for open boats to pursue the haaf fishing successfully. It is disputed whether larger vessels, such as the smacks employed in the Faroe fishing, or those of the Grimsby and Yarmouth men, could carry on the long-line fishing in the deep water and rocky bottom of the Shetland haul, and the best authorities say that they could not, because on that fishing ground the lines cannot be taken in by the boats while sailing. It does not, however, appear whether recent attempts have been made on a sufficiently large scale to justify a decision in the negative; and it is satisfactory to know that a company has been formed for the express purpose of extending the season of the ling fishing, and carrying it on without the ordinary connection with a shop.

[Appx. p. 61; C. Williamson, 10,841; L.F.U. Garriock, 12,478, etc.; C. Williamson, 10,839, 10,794; J. Walker, 15,941, 15,952.]

INQUIRIES AT WICK

At Wick many of the resident fishermen are nothing but fishermen; but some who fish from Wick in summer have small farms along the coast, and many of the hired men who are required for the herring fishing come from Highland districts, where they combine agricultural and seafaring occupations during the rest of the year. The paper by Mr. M'Lennan of Wick affords interesting information with regard to the Wick fisheries. It shows, by the experience of the haddock fishing and the winter cod fishing, that payment to crews fishing on shares, or 'on deal' as it is there called, may easily be made each Sat.u.r.day night; by that of the winter herring fishing that payment may be made at landing the fish, and by that of the Lewis herring fishery, how a settlement in a very extensive fishing with complicated arrangements is made immediately at the close of the fishing season.

[Mr M'Lennan, Appendix II; D. Davidson, G.S. Sutherland, 16,806, 16,750.]

At Wick the herring fishing alone is directly affected by the indebtedness of the fishermen, and in it alone is the settlement delayed for two months after the close of the season. The amount of indebtedness existing among the fishermen, and its effects upon the bargains which they make, is remarkable. In Shetland, as has been seen, one-third, and in some districts a much less proportion, of the fishermen is indebted to the curers. There, 20 or 30 is a very large debt for a fisherman to owe, and such debts make no disadvantageous distinction between the debtors and other fishermen in regard to the price paid for the fish. At Wick, on the contrary, the expense of boats and nets is so great, that debts of 200 and upwards are not uncommon; and all who owe above a certain amount are obliged to fish for 20 per cent., or according to another witness 1s. per cran, less than free men get. These statements agree with the information I received personally from a large fish-curer at Wick. Mr. M'Lennan says that 'there is no such thing as truck; and payment, when payment is owing, is made in cash.' But it appears both from his paper and from the evidence of Mr. Sutherland, that at Wick, and in the Hebrides and West Highlands, the men cannot prosecute the fishing without supplies being advanced to them. Except, however, as regards boats and fishing materials, these advances are not made directly by the curers, who do not keep provision shops but by the local shopkeepers upon 'lines' or guarantees by the curers. 'It is tolerable certain,' says Mr. M'Lennan, 'that the curer receives an abatement or discount from the merchants' prices of meal, goods, ropes, nets, or other things which the fishermen procure on his guarantee.' Nothing, indeed, can be more probable; but no inquiry being made into transactions between curers and fishermen out of Shetland, except for the purposes of suggestion and comparison, I am not able to say whether such a system of disguised truck does in fact prevail.

[G.S. Sutherland, 16,805.]

It seems to be fairly deducible from this evidence, that cash payments for fish are not impracticable and inexpedient, as some witnesses have said. The condition of fishermen in Wick and the West Highlands shows further that Shetland is not, as has sometimes been thought, a peculiar and exceptional country.

Elsewhere also fishermen have crofts, are poor, and in debt; require advances for boats, fishing implements, and provisions; and obtain them from or through the curers to whom they sell their fish. The evidence given before the Select Committee on the Irish Sea Fisheries Bill of 1867 shows that the condition of many fishermen on the Irish coast is worse in regard to indebtedness than that of any in Shetland.

The question may then be asked, whether a partial and local remedy should be applied to Shetland, while nothing is done for the fishermen of other districts; and whether it is expedient to pa.s.s an Act of Parliament for the protection of a particular trade in a single county, unless it be fully ascertained that its circ.u.mstances are materially different from those of the same trade in the rest of the empire. It is for Her Majesty's Government to decide whether it can introduce a measure for the repression of truck, and the regulation of agreements between fishermen and their employers, without having information as to the nature of the present relations between these parties throughout the empire.

There is a good deal to lead to the conclusion, if any general conclusion may be formed from a local and partial investigation, that fishermen and fish-curers may fairly be subjected to regulations a.n.a.logous to those which the Merchant Shipping Act lays down for the engagement of seamen. It is also a point worthy of consideration, whether the prohibition of set-off should not be extended to all dealings between fishermen and fish-merchants, with this exception, that the curer or merchant should be at liberty to retain one third of each week's or month's earnings for payment of any boats or lines supplied to the fishermen by him or on his guarantee. The carelessness or incompetence of fishermen in regard to pa.s.s-books and accounts, suggests also the propriety of a limitation of action upon such accounts to three months, with a provision that no acknowledgments shall bar prescription unless holograph, or signed before witnesses.

LAND QUESTION.

I have not thought myself at liberty to enter upon the land question in Shetland as substantive part of the inquiry; but it is plain that the prevalence of truck is due in no small degree to the habit of dependence, or submission, which the faulty relations between landlords and tenants have fostered. Here, too, however, it may perhaps be said that legislation ought not to be of a local and exceptional character. I may at least be permitted to hope that, in any reform of the land tenancy laws of Scotland, the case of Shetland will not be forgotten.

The introduction of a cla.s.s of peasant proprietors seems impossible, except by some measure resembling the 44th clause of the Irish Land Act, 1870; while the sudden expulsion of the present population, and the subst.i.tution of sheep, would probably be destructive to the fishing industries as they now subsist.

But the present insecurity of tenure is not consistent either with the permanent interests of the land (in which the country still more than the landlord is concerned), or with the formation or maintenance of a race of independent and intelligent citizens.

Probably a law of landlord and tenant, pa.s.sed with no arriere pensee as to maintaining the authority of the landlord, but with the honest intention of reconciling the rights and interests with the independence of both parties to the contract, would not permit the landlord to evict without cause upon forty days' warning. It may even be maintained that in the present state of agricultural science, no tenure for so short a period as one year ought to be permitted.

Farmers of the larger cla.s.s, however, are or ought to be able to protect themselves in their bargains with landlords; and as this Report has nothing to do with such tenant farmers, they may be left out of the question. But in the case of small fishermen farmers, it is worthy of consideration whether a warning of at least one year, excepting cases of insolvency or specified kinds of misconduct, ought not to be required before eviction from any agricultural holding below a certain rental; and whether in such holdings tenants should not have some summary means of recovering from the landlord or succeeding tenant any extraordinary expenditure they make upon their land or houses.

. (Signed) W. GUTHRIE.

EDINBURGH, 15, 1872

APPENDIX to COMMISSION ON THE TRUCK SYSTEM (SHETLAND).

I.LEASES AND RULES FOR TENANTS.

I.

CONDITIONS OF SET of all LANDS forming parts of the ESTATE of QUENDALE, in the Parishes of DUNROSSNESS, AITHSTING AND SANDSTING, TINGWALL, WHITENESS AND WEISDALE, and LERWICK, in SHETLAND.

1. The proprietor reserves--(1.) All mines and minerals, limestone and stone quarries, marl and clay, in his lands, with full power to work the same. (2.) All sh.e.l.l-fish, and especially mussels and mussel scawps, and all sh.e.l.l-sand on the sh.o.r.es of his lands, with sole and exclusive power to take and use the same. (3.) All game and rabbits on his lands, and sole right to take and kill the same, with full power to enter on and use his lands for that purpose. (4.) All lochs and burns, with power to drain the lochs, and divert the course of the burns, the proprietor making compensation for damage by any of his said operations; and the tenant being ent.i.tled to take and use, for his own purposes only, the limestone, stone quarries, marl and clay in the lands occupied by him, and the sh.e.l.l-fish, mussels, and sh.e.l.l-sand on the sh.o.r.es thereof, subject always to such rules and restrictions as the proprietor may establish or prescribe in regard to any or all of these matters.

2. The proprietor reserves the heritors' share of all ca'ing whales killed or stranded on the sh.o.r.es of his lands; and every tenant, on behalf of himself, and all in family with him, acknowledges the proprietor's right to one-third of such whales.

3. The landlord reserves to himself all tang and other sea-weed, growing and drift, with power to enter upon all his lands, and use the same for the purpose of manufacturing the same, without making any compensation to the tenants therefor; but the tenants shall be ent.i.tled to take such tang and sea-weed as they may require for manure.

4. The proprietor reserves full power -- (l.) To redivide his enclosed lands, to the effect of placing the lands of each tenant in one or more portions, and in a different place or places from where they may have previously lain. (2.) To regulate and control the use of the town mails, gra.s.s, and arable lands, by placing restrictions on the tenants in the keeping of swine, geese, or otherwise. (3.) To enclose or otherwise withdraw from the scattalds such portions, not exceeding one-fourth of each scattald, to be judged of as at the date of each tack, as he may deem proper.

(4.) To regulate the amount of sheep and horse stock to be kept by each tenant on the scattald, so that each tenant shall have an amount of pasturage proportionate to his rent. (5.) To limit the number of swine and geese to be kept by each tenant on the scattald, and, if he sees fit, to prohibit the tenants from turning loose or keeping swine or geese on the scattalds altogether, and, where allowing of such stocks, to place the keeping of them under such regulations as he deems proper.

5. The proprietor reserves all trout fish in the lochs and burns on his lands, and sole right to fish therefor; and every tenant shall be held specially to consent, and shall be expressly bound and obliged, alike as regards himself and all in family with him, to abstain from fishing for trout (fresh-water or sea-trout alike) in all fresh-water lochs, waters, and burns, and also in all burn-mouths into which the sea-water may flow, and in all voes, inlets, or bays, though consisting wholly or partially of salt or sea-water, into which any fresh-water lochs or burns flow, and bounded wholly or partially by lands belonging to the Busta estate; and shall in no way take, or attempt to take (by rod, net, cruive, or hoovie, or in any other way), any trout fish therein, unless with the express leave of the proprietor; and when such leave extends to fishing by net, then with a net of the size of mesh, used in the manner, and at the time, and to the extent, expressly allowed and prescribed by him.

6. All tenants shall be bound, if required, to pay, over and above their stipulated rents, their proportion of all public and parochial burdens which the law has laid, or may lay, directly upon tenants, any custom to the contrary notwithstanding.

7. No office house must, hereafter, be erected on the side or end of a dwelling-house, without the written permission of the proprietor; and no tenant shall be ent.i.tled to remove from out the dwelling-house or offices possessed by him at the expiry of his lease, any roof, window, door, loft, stair, or other plenishing of a like fixed nature, even though furnished and put in by himself, unless his tack specially confers upon him such power; but the incoming tenant shall be bound to pay the outgoing tenant the value of the roofs, windows, and doors of the office-houses, if such roofs, doors, and windows were paid for by him at entry, or furnished by him during his lease.

8. Every tenant shall be bound, throughout the whole currency of his tack, to maintain good and sufficient d.y.k.es of every sort, including yard d.y.k.es, and to maintain sufficient and convenient grinds in his d.y.k.es at all places usual and needful, and to have all d.y.k.es in thorough and sufficient repair, and all grinds sufficient and properly hung, at the latest on or before the first day of April, and to keep up said d.y.k.es and grinds until the first day of November in each year.

9. That in the event of any tenant not keeping d.y.k.es and grinds in sufficient order, the proprietor shall be ent.i.tled to enter upon the lands, and to repair the same, and to charge the tenant 10 per cent.

on the sums expended by him in said repairs; and the amount shall be held as conclusively ascertained and fixed by a certificate thereof, under the hands of the factor on the estate of Quendale for the time.