This was a new portent for the Welsh farmer—a lawyer who was not in league with the rich. It flashed as a shining light on the eyes of a people who had always been used to regard the law as the paid servant of power and property. It brought more of those farmers flocking to his office: and once more it brought him forward as the legal friend of the poor and the oppressed—“the poor man’s lawyer” of Carnarvonshire.
The people gradually learned that here was a man skilled in the law who was ready on their behalf to face the tyrants of the Bench and to challenge their power.
In nothing had this power of the Bench been more ruthlessly exercised than in the matter of fishing. By a curious distortion of public rights, the rivers of this country have been mainly turned into private property. While fishing on the open sea is as free as the air, unlicensed fishing in fresh water in England outside navigable waters is often accounted a crime.[[22]]
This law of private property in fresh water fishing has fallen with peculiar harshness upon a people like the Welsh, who inherit a great passion for this particular sport. The pressure of the law has been made worse by the fact that the prohibition is perpetually being extended to waters where a customary right of fishing has existed.
Here has been a cause of perpetual conflict between the law and the public—a conflict in which the bias of the law has been mainly against the public.
Such a case occurred in North Wales in May 1889, when four quarrymen were prosecuted for fishing in a small mountain quarry lake.[[23]] The aim of the prosecution was to bring the lake within the definition of the word “river” in the Act of Parliament. It soon became quite clear from the proceedings that the bias of the Court was against the quarrymen. Mr. Lloyd George rapidly determined to bring this out in the most vivid manner possible. So when the chairman—a great local potentate and sportsman—gruffly interrupted his legal argument by saying that the legal point must be tried in a higher Court, Mr. Lloyd George swiftly replied:
“Yes, sir, and in a perfectly just and unbiassed Court too.”
The result of this remark was precisely what Mr. Lloyd George expected. The chairman rather unwisely asked Mr. Lloyd George to what magistrate he was referring. To this the young advocate immediately replied:
“I refer to you in particular, sir.”
Whereupon the chairman immediately rose with great pomp and dignity and left the court.