The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-08-01 00:00:00

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Et2e ,totiqvibe (o!perinr.

SATURDAY, AUGUST 1868.

RAILWAY LEGISLATION.

It Is not, we behave, on record who was the
first num that sutokad in u railway e.trriage. It

is s::.141 WELL tli iuut vlio iiret ti-cst an

oyaler must !tare boeu luau uf great moral
courage, but kid courage was demanded a Lb,
luau who first dared to light pipe or cigar wi.ca
travelling on it railway. Of one thing au
he tol,rubly certaia—that if the smoker was
iu his eompartment, his smoking W 3 ob-
jected to by somei.udy else.. And
.the battle of

:smokers an:l nou-smulters, of the loverA of the

Into:int Weet and its opponents, bss been wig, 'd
cer sine.!. There 1113 boen alt little vsriety in
the arguments on each ocessieo,. On the one
side the harden has been, " IVny sbotill'ilt I
smoke if I like it? " and on the other. " West
_ _

right have :ion to g Hoke if I don't Lke it? "
People here r,frioeL from eiLtering o the rtt•

-
tima!,' of 9:nuking us an innocent or hilarious
h ant, according to their Aevo ea' opinions, but
the wordy 'Janie hut Jaren confined to ;I! 1 asser-
tion of right on tie oae ride, and its denial on
the other. Withoat .nteriog on the merits or
demerits of tobacco, we think that it is nnieui-
atl, that the soaker, have in tha Liao gained

victory. Waco the q:leatiou j toppea
ymt ohject to smokinit ? polt.tness nod hii.d•
111:1A frequently suggest us..e.it to the implied
requi•st, und frequently tom—e-ioxially in tier,'
• carriages—thu (oration is not even ;
an I, moreover, the disike to other people
▪ okino. is generally not so strong astlic desire
to sinukne, which indeed, is freqaently ui MICUII.
trOilUble 113S5ii111. As between railway rcaipany
and passenger, the latter has on loaldedly gained
the victory on the whole in the matter of smok-
ing. It is very soruly that the bye-laws ag.iinst
smoking are enforrd, without sonic irate not:-

smoker vigorously complains, and thus almost
compels the comp my to act. Bat victory is by
no means synonymons with right, and we think
that those that object to smoking, have been, on
the whole, rather hardly dealt with. They have
had the right t.) the enforcement of bye-laws
male for their comfort, though the right has re-
mained little more than a theory. The fact is,
that the whole subj-ct forma one of those knotty
social problems which appear &mined to remain
nusAvabla.
Whether the clauses that Mr. Sheridan has
had inserted hi the Railways Regalation Bill

will set the nutter at rest riinnaus- to be seen.

inelitle t.* doubt it but we heartily agr.ie
witu the clause nevertheless. As twice atneniled,

this clanse now atm& thee: And all railway',
companies shall, front and after the let day of .
Oatoher, in every passenger tiai where there
are more carriages than our of each class, pro-
vide smoking compartments for each class of
nassengrrs, unless specially exempted by the
ft iard of Trade." It will he observed that Mr.
Stieridan says," smoking compartnimits for
each class," hot whether the railway companies
I will contra' this into meaning one compartment
only for each class remains to be seen. If so,
this will not inert the demands of the smoking
euniunhaity, uor indeed. would two or three cont.
pertinent:l for each class in a long train meet
their requirements. Wo can, however, varcely
expect Parliament to he noire exact in their leg-
islation on so ticklish a suhjee,. But thrre is
ROW another e•iu 4iderAtio., into. rtiiiNedt4

'llose who object to mnialting wiil now have not
o ly is touch legal right aa ever, but a good de.,l
!floret eximai for inaistiue 011 t,n, uy...!aws tag dust
ainuk.ng iming BI2ILIIt vacated out. W.: can ail
fancy an ira,e passenger of eith..r seX saying.
'• I inaiat, Sir, en your ruling out our cigar.
I doa't like it, Sir, and I won't Mice ,t. If you
waot to smoke go ioto the smoking coinpart-
'omit." !kr.. &c., &c. The reply that the
ing compartmeiit is full, will he lield as no .x-
-eas. and it the guard lie ap,a,,,ied to. lie eau
lin: side with the objectian. The new clause
in fact, he a straugholil for the anti tobacco
trio.eikrs " Smoking is permitted ia this cost-
;o ,rt. cut." MClllls something else ; it implies
toss it ia not permitted where that suggeative
Label is not affixed. The ne v law will Ulna cut
both ways. flat the public, nevertheless, is to
be congratulated that the railway companies will
now be compelled to do something towards ob-
viating the disputes which have been so con-
stantly occurring. If these companies carry out
the new regulation in a liberal spirit, railway
travelling will become wore agreeable than it
has has hitherto been.
The subject of c.,mpensation for accidents on
i 4 one that the House of Commons
vainly tried to deal with. Mr. Leeman proposed
a clause for compen:ation for a fist-class pas-
senger ki I d or injured to the amount of £4llO,
for a second-class passenger £3OO. and for a
third-class £2OO. It was well that this clanse
was withdrawn and that each case is left to stand
ou its own merits. Juries will now, as hereto-
fore. decide on the amount of compensation,
and this is on the wh•ile the better plan; but ja-
ries have of late been so extravagant in their
verdicts to at some legishtive scale of compel'.
sati must be ultimately adopted unless more
reasonable verdicts are returned. It is right
that any co 'many through whoie carelessness a
fatal or serious accident happens should severely
suffer for it; lint when we bear in mind that Lie-
cidents will happen on the nest regulated rail-
ways as in the best regulated fsniiilies,vindictive
damages seem out of place. The extraordinary
variance in the amount of damages must strike
anyone who has paid !attention to such accidents.
1' ,ere is evidently no principle of action, and it
...lbt. he well for juries to hear ii min ! what
former cmbes .1 at cull .v cha-
r. It is certain that no °mummy coni:d
to cc ap i4Owit a seriei of a!tions resulting
it cOca tremetidotta damages as have Lately been
awarded. Strict justice is one thing—passion-
ate revenge is another.
There is still ose subject connocted with rail-
waj s., there reform is demanded at the hands of
the Legislature., We have bad a great deal of
talk about communication between passenger
and guard, but we may look in vain to railway
companies to do voluntarily what tie public re-
gaire. Seine goat system might to as agreod
non Sc the companies themselves, or lav the
..i Trade for them, aim! toe Legiisiature
adopti ni. f ill tide is done,
• .; usvc Viet guarantee against
....delta .4 iIiCU tl,ey have a right to

MOW& 41../11.