Labourers (Ireland) Acts 1883-1906

Before Ireland gained Independence housing was an issue particularly in rural areas. In order to address the issue for labourers various legislation was put in place including the Labourers (Ireland) Acts (1883-1906) and the Housing of the Working Classes Act, 1890. Farm labourers who were not married usually lived in unheated outbuildings or in a loft in a stable or barn where they worked. Married labourers could apply to the Rural District Council where they resided seeking a cottage.

The authorities would seek land from landowners on which to construct cottages that were rented to a married labourer. The idea was that farmers who employed labourers would provide a building site, but often the farmers objected to giving up any of their land for cottages or the compensation for the land was considered inadequate. In 1909, an arbitrator was appointed to determine disputed compensation in the Waterford No. 2 Rural District. This was known as the Inquiry (Waterford Standard, Sat. 4 Sept. 1909, p. 2).  The cottages were built for less than £150 and there were often more battles fought over who would get the cottage.

In 1911, Glenmore featured in such a battle. Under the Poor Laws, the parish of Glenmore was divided between the Waterford Union and the New Ross Union. Less than a quarter of Glenmore was in the New Ross Union. Landowners paid rates (taxes) to their respective Unions, and the elected Poor Law Guardians and District Councillors were constantly on alert to ensure that the rate payers in one district were not supporting poor persons from other Unions. Each Union had its own workhouse, infirmary, dispensaries, cottages and road maintenance etc. See our post of 28 April 2020 regarding the Poor Law Act 1838 and the Glenmore Dispensary The elected District Councillors were responsible among other things for the cottages and road maintenance in their respective districts.

On 1 May 1911, it was announced that nominations had been received and there would be no contest in any of the divisions of Waterford No. 2 Rural District. In other words, the nominees were deemed elected without an election. Local representatives included: Kilbride: Patrick Fitzgerald & John Ennett; and Kilmakevogue: James Kirwan, and Richard Fitzgerald, Aylwardstown (Evening News (Waterford), Mon. 1 May 1911, p. 4).

The Disputed Glenmore Cottage

The Waterford No. 2 Rural District Council built a cottage in Ballywairy/Ballyveria, Glenmore on the land of Martin Phelan. It was noted by Phelan’s solicitor that Phelan agreed to the cottage, so long as he agreed to the tenant. When the cottage was complete there were two applications for the cottage. One was from John Power of the Waterford Union and the second was from Andrew Harte of the New Ross Union. John Power was awarded the Ballyveria cottage.

Sometime after getting the tenancy of the cottage John Power gave the key to Richard Young, of the Waterford Union. Richard Young moved into the cottage and applied for the tenancy. The cottage was advertised and Andrew Harte again applied for the Ballyveria cottage.

May Meeting 1911

At a meeting of the Waterford No. 2 Rural District Council, held at the end of May 1911, the  Waterford News & Star (Fri. 2 June 1911, p. 7) covered the meeting. However, the newspaper failed to record the date of the meeting. It did record that only 8 Councillors were present. A quorum only required 7 members be in attendance.

Two applications were received for the cottage at Ballywiera (sic), Glenmore. Richard Young wrote stating that he had possession of the cottage. It was given to him by the late tenant who gave it up. The other application was from Andrew Harte. The newspaper did not state the basis of the decision, but the Council decided to give possession to Harte. Mr. P. Walsh, Rent Collector was directed to get possession from Young. The District Council then adjourned.

June Meeting 1911

At the next meeting was held on Saturday the 24^th of June 1911. Mr. A.E. Bowers, J.P. presided and 15 other District Councillors were in attendance including John Ennet of Cappagh, Glenmore, P. Fitzgerald, of Weatherstown and Richard Fitzgerald of Aylwardstown. John Ennett did not attend the May meeting and subsequently filed a motion to rescind the decision granting Andrew Harte the tenancy of the Ballyveria, Glenmore cottage. Solicitor P.A. Murphy appeared before the council representing Martin Phelan. Both the Waterford News & Star (Fri. 30 June 1911, p. 7) and the Munster Express (Sat. 1 July 1911, p. 3) reported on this disputed cottage case.

Andrew Harte’s Letter

It was first queried by Richard Fitzgerald whether the previous decision to award the cottage to Andrew Harte could be rescinded. The Clerk assured the meeting that it was possible as John Ennett had provided notice of his written motion to rescind the previous decision.

A letter from Andrew Harte was produced. The letter was dated 20 June 1911. The return address was Weatherstown, Glenmore.

“Sir—At the last meeting of your Council I was accepted to be tenant on the cottage in Ballyviera (sic) and I claim to be admitted into possession. This cottage was applied for in the first instance by John Power, but he resigned before the Local Government Inquiry. At the inquiry Mr. Wm. Forristal, D.C. proposed, and Mr. P. Coady, D.C., seconded that Andrew Harte be accepted in place of Power. I gave evidence and the Inspector passed the cottage for me. When it was built Power claimed it and you gave him the cottage. He never lived in it.

A few weeks ago in response to your advertisement, I applied and you accepted me as tenant, and I submit I am entitled to possession. I offer testimonials from Canon Holohan P.P.; Father White, C.C.; and Father Phelan, Glenmore. I also give Mr. P. Fitzgerald, Weatherstown, my employer, as reference. I am a married man with a wife and two children.”

There were also testimonials from three R.I.C. officers as to Andrew Harte’s good character.

The Argument

For Young

John Ennett responded that he had no ill feeling to Andrew Harte and did not know him. Ennett pointed out that Harte was living in the New Ross Union, as had his father before him. They were both natives of the New Ross Union. The New Ross Council recently refused to give a cottage to a man living in their own Union simply because he was not a native of the New Ross Union.

Ennett stated that it was only fair that the Waterford District Council should follow the New Ross rule. He concluded that he did not see why the Waterford Union District should build a cottage for a man in the New Ross Union. Thomas Holden seconded Ennett’s motion.

For Harte

Joseph Walsh stated he believed that Harte was entitled to the cottage. He reasoned that Harte was working for P. Fitzgerald who was in the Waterford Union. Ennett responded that Walsh knew nothing about the matter as he had only been on the Council for a short time. It is not clear from the newspaper coverage whether Harte’s employer was the Pat Fitzgerald sitting on the Waterford District Council considering the issue.

Richard Fitzgerald also argued that Harte was the right man for the cottage. He argued that when he first became a member of the Council 12 years previously he issued tickets for Harte’s wife who was very sick. The Kilmakevogue doctor sent her to hospital in Waterford. According to the Munster Express it was for specialised nursing.

Solicitor Murphy

Finally, Solicitor Murphy weighed in. He appeared on behalf of the owner of the land Martin Phelan. Murphy noted that at the inquiry Phelan had agreed to give a site for a cottage, but he was openly opposed to Harte, “for very good reasons. One councillor at the Inquiry nominated John Power. John Power after getting the cottage gave the key to Richard Young.” Solicitor Murphy said it was up to the Council to appoint the tenant for the cottage, but his client had a distinct and decided objection to Harte.

They were all farmers and “could understand the unpleasantness that would arise from having a labourer to whom the surrounding farmers objected to.” Murphy presented a petition signed by a “large number of people” objecting to Harte as tenant of the cottage. Murphy explained that people preferred Richard Young because Young worked “around the place.” The Munster Express quoted Murphy as saying, “ratepayers of this district naturally thought they had enough to do to build cottages for their own labourers without having to provide for outsiders…” Richard Fitzgerald observed that he could get a list on the other side of the issue  as long as the distance between Ballyveria and the Waterford bridge.  

The Decision Regarding the Glenmore Cottage

Ultimately a vote was taken and Ennett’s motion to rescind was successful. This meant that Harte would not get the cottage. Twelve voted in favour of Ennett’s motion including: (Edward Bowe, John Roche; Thomas Holden (Smithstown); John Vereker (Davidstown); James Farrell; James Moore, John Dunphy, Brown; Healy; E. Phelan; James Kirwan and John Ennett). Three voted against against the motion to rescind (and in favour of Harte’s tenancy) including: (Richard Fitzgerald, Pat Fitzgerald, and Joseph Walsh). Edmond Donovan abstained. After the motion passed. John Moore proposed and Thomas Holden seconded that Richard Young, the present occupier of the cottage, be appointed the tenant. This motion carried.

The Aftermath

Immediately after the vote Richard Fitzgerald handed up a notice of his motion to rescind the resolution appointing Young as tenant and Harte be appointed notwithstanding the vote.  A query was posed regarding the cost of the Notice of Motion and the Clerk responded it cost 7 shillings. John Moore remarked to laughter that it was “money gone astray.”

We could not locate any further accounts of further votes on the disputed Glenmore cottage. It could be that the motion was withdrawn, it wasn’t seconded, or the newspapers did not cover it. From an interview that Danny conducted in 1970 of Mrs. Mai Aylward, of Ballyfacey, Dick and Katie Young had no children and lived in the cottage where Dwyers lived in 1970 in Mourlerstown. It is not clear if Mai Aylward was referring to the disputed cottage of Ballyveria but the two townlands adjoin.

The 1911 Census

Luckily, we have the 1911 Census, as well as parish records etc. to shed some light on some of the people involved.

The Applicants for the Disputed Glenmore Cottage

Andrew Harte in the 1911 Census was 45 years of age and working as an agricultural labourer. His wife Ellen was 47 they had a son John aged 9 and their youngest son was Andrew aged 7. They resided in Shanbogh. The couple were married 10 years. The Census records that their youngest son was “an idiot” a term now thankfully consigned to history.

Richard Young (c.1891-1936) in 1911, was a 24-year-old newlywed. He and his wife were married in November 1910. Richard worked as an agricultural labourer. He and his wife Kate née Hennessy (aged 32) were living in Ballyfacey with his father-in-law, Richard Hennessy, a 60-year-old widower. Richard Hennessy was also employed as an agricultural labourer. Others in household included three unmarried daughters: Annie Hennessy (28) was a typist; Mary Hennessy (26) was a National Teacher and Ellie Hennessy (24) was also a typist,

John Power who was granted tenancy, and apparently never took possession of the disputed cottage (and gave the key to Richard Young), is not in Ballyveria in the 1911 Census. There are two John Power’s in the parish of Glenmore in 1911 who were agricultural labourers. One was 31 and living in Aylwardstown with his wife and children. The second John Power was 36, single and living in Robinstown.

Harte’s Glenmore Employer

Pat Fitzgerald was the only Fitzgerald in Weatherstown in 1911. Notwithstanding the fact that Harte used a Weatherstown address on his letter to the Council, Harte did not reside in Weatherstown. Pat Fitzgerald (c.1883-1942 per headstone) of Weatherstown, was in 1911 a 51-year-old married farmer. In 1911 he resided with his wife and 6 children and had three servants including: Kate Grant (49, domestic servant); James Seinnott, (33, farm servant) and Pat Roorke (22, farm servant). If he was a member of the Waterford No. 2 Rural District and voted in the matter he had a clear conflict of interest as Harte was his employee.

The Glenmore Land Owner

Martin Phelan—There was no Martin Phelan residing in Ballyveria, Glenmore in 1911. There was a Martin Whelan living in Ballyfacey.

The only Phelan in Ballyveria was John Phelan (aged 20, farmer) and his sister Mary Phelan aged 24. The parish records reveal that John and Mary Phelan (b. 1886) were the children of Richard Phelan (b. 1891) (farmer) and his wife Anne Donovan.  Richard Phelan (c. 1842-1911) died on 20 January 1911 at Ballyweira. He was a widower and his son John was present when he died.

Ironically, John Phelan became Richard Young’s brother-in-law in 1916. They were married to 2 of the Hennessey sisters of Ballyfacey. John Phelan (c. 1892 -1956) of Ballyveria, married Mary Hennessey (1883-1963) of Ballyfacey (schoolteacher) on 22 May 1916 at Glenmore. The groom’s father was Richard Phelan (farmer) and the bride’s father was Richard Hennessey (labourer).  

The Glenmore Elected District Councillors

 John Ennett (1853-1939) a farmer of Cappagh, Glenmore, was first elected to the District Council around 1900.

Richard Fitzgerald (1868-1955) began his work as a public servant before 1900. He was a farmer in Aylwardstown, Glenmore. He served as Poor Law Guardian and as a District Councillor. In 1912, he ran for Kilkenny County Council.

It is not clear from the newspapers which Pat Fitzgerald of Glenmore was a member of the District Council in 1911. In addition to Pat Fitzgerald, of Weatherstown, there was at least one other Pat Fitzgerald who lived in the Kilbride District Electoral Division.  Pat Fitzgerald (1843-1920) of Ballyveria. He was baptized at Moulerstown on 23 September 1843. Unfortunately, no obituary was found to determine if he served on Waterford No. 2 Rural District Council.

Please send any corrections, further information or photographs to glenmore.history@gmail.com .

The featured photo above was a Council cottage that has been extended over the years. It is not the 1911 disputed cottage.

Dr. Kathleen Moore Walsh