OFFICIAL ARBITRATORS 223 



satisfactory to have every question settled by an official 

 referee. 



The independence of such an official is insisted on by 

 Mr Ballingall, who says " the parties should not be 

 allowed to nominate him, because that would bring in 

 the wedge of friendship or partisanship." 



" The sheriff is not an agricultural expert, and might 

 not pick out the best man. We want officials who are 

 officials and nothing else, who are not dependent on 

 either proprietors or tenants for their business. We 

 should have a permanent official for a defined district." 



Mr Stuart is also strongly for appointment by the 

 Crown, instead of selection by '.the sheriff. Mr Peile, a 

 land agent, approves of a judicial valuator in place of 

 the present system. 



Two views crop up in the Scotch and English 

 evidence. Some witnesses adhering to the idea of 

 having some form of option, would prefer an official 

 list from whom the arbitrator for any particular case 

 must be selected ; others, attaching most importance 

 to absolute independence and judicial impartiality, wish 

 for an official arbitrator with a definite circuit. 



Mr Speir says : " You might have for all Scotland a 

 list for each of the three or four districts, or you might 

 have a single person for each of the districts. The former 

 plan has a good deal to recommend it, but against it is 

 this, that if you have a great many people doing the work 

 you are sure to have many that are not suited for it, and 

 you will have conflicting decisions, you will never have 

 any continuity or uniformity of opinions on courses 

 to be followed. Whereas, if you appointed a single 

 man in a certain district, approaching in some respects 

 to a sheriff in a county, you will then have uniform 

 decisions_^ and working. They might be applied to by 

 either landlord or tenant as to any dispute which arose, 

 or was likely to arise. A new tenant going into a farm 

 might wish a record of condition, or on the dissent of 

 the landlord to any proposed improvement, might apply 

 for a decision from these gentlemen. They might become 

 a court of conciliation which would decide any difference 



