The Sun.
London, England, 1852-06-01 00:00:00

PARLIAMEN

The meeting adjourned, after a protracted discussion
of three hours and a half.

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, May 31.
IN RE WILLIAM COBBETT.
Mrs. Cobbett applied for a writ of habeas corpus to
bring up her husband to this court, for the purpose of
enabling him to show that he was improperly detained
in custody in the Queen's Bench Prison. Mrs. Cobbett
moved on affidavits setting oat the circumstances under
which her husband was imprisoned, and said it was a
disgrace to the country that she should have to make such
repeated applications for the re:ease of her husband,
who had now been twelve years an inmate of the Queen's
Bench.

The CHIEF JUSTICE said there was nothing in the
matter in which the Curt could act, th© question being
exactly the same as that which the Court had disposed
of a few days before.—The application was, therefore,
refused.

---.0.---- . .
THE ELECTRIC TELEGR A PEI COMPANIES.
CASE FOR THE RAILWAY COMPANIES.
Yesterday on the re-assembling of this Committee,
llothani (chairman), Earl Jermyn,
Mr. E, Stanley, and' Mr. West.
MR irghßt
alloono.h,Lorq
Mr. ALEXANDER, Q.C., in a lengthy address, opened
the case ire opposition to the British Telegraph Com-
pany's Bill, on behalf of twenty-seven railway companies,
on the ground that the Bill sought to invest the pro-
moters of it with power to enter ' compulsorily upon any
railway or canal in order to lay down telegraphs and
apparatus for their own private benefit. The Bill also
proposed to empower the promoters to remove either
permanently or temporarily, as occasion or convenience
might require in respect of their works, all obstructions
and impediments that might exist on all railways or
canals in the United Kingdom. The railway companies,
he represented, opposed the delegation of any such
compulsory powers to any undertaking as novel and
altogether anomalous. Even if the old Telegraph Com-
pany had not existed, or if that company had been the
parties applying for these unconstitutional powers, the
railway companies would have -met the measure' with
hostility. These powers, if granted by the Legislature,
and drawn into a precedent, as set forth in the peti-
tions before the Committee, would enable the British
Telegraph Company to interrupt .at their pleasure
the traffic upon any railway, mid the arrangement of its
works and stations; and although the Bill provided that.
the company shottld give Compensation to the railways
for damage that might be inflicted, yet the whole capital
of the company, as at present raised, would not'be ade-
quate to compensate for the damage that might be in-
flicted by the interruption of truffle for a single day.
The process intended to be adopted by the new com-
pany was not defined, nor was there any restriction upon
them, by deposited plan or other means, as to the quail-
might take, or as to the nature of
rrks.nd they
yway companies were liable by statute
tttoihteyroir ofa wkgeo ou
comoeneation for injuries •by accident, but if
the servants and Workmen of a rival company were per-
mitted to exercise such powers`, it would be impossible
for the railways to secure the 'public from injury or
would require that their workmen shonld
themselves from pecuniary loss. The "works of the new
entercomp on all parts of the railways, and that materials
should be deposited and trains stopped at irregular
places. This, if not entrusted to the railley company,
would be attended with extreme danger, unless there
was a voluntary and not a compulsory arrangement for
the purpose. No such powers had been granted to other
telegraph 'companies, and, if they were granted at all,
should not be granted to one undertaking, but by public
act to all'of a like nature. The York, Newcastle, and
Berwick, amongst other railways, bad constructed, at
a cost of 34,000/., a telegraph of their own, and would
not have done so bad they not calculated on the undis-
turbed enjoyment of their own property, and if the
proposed • compulsory powers passed into a law their
property.would be rendered valueless. The railway
companies submittedthat that. telegraph compantes es-
tablished on at railway with powers indepeudent of and
paramoyht to those of the railways thems-elves-wopld lead
to great
inconvenience and danger. The telegraph pro
perty of the York, Newcastle, and Berwick might be
made the subject of sale or lease, but the new company
sought to transfer to itself this pecuniary value without
giving- compensation; end such a transfer would amount
to an act of confiscation if allowed by legislative euchre
rite. The proposal in the Bill which professed to give
compensation to the railway companies was . wholly
illusive, where it . professed to give compensa-
tion only
for damage done, . although it was
the peculiar characteristic of the electric tele-
graph to do little or no damage to the land or works
over which it is carried,-but at the same time to destroy
their value for telegraphic purposes to the owner.. He
would take as an illustration of this the case of the mag-
nificent structure known as the High Level Bridge of
the York, Newcastle, and Berwick Railway over the
Tyne. A telegraph might be constructed along this
without doing more than nominal damage, but ttie
claim of the new company was sub,tantially• to enter
upon that structure, and to ase it without making com-
pensation, arid, in fact, for all purposes contemplated by
the Bill to. enjoy the advantages of a work that cost
them nothing, though it had cost the railway cempeny
not less than 250 000/. If the principle of giving corn-
,
puleory power to enter on- railways was sanctioned, it
would be equally available for water companies, gas, and
other companies to lay their pipes along the railways
Without paying more than nominal compensation. An-
other objectionable object of • the measure was to limit
the personal liability of the members of the new com-
pany, and which they were now under- in common with
all other joint stock companies; but such a limita-
tion of liability would be anomalous and inconsistent
with legislative policy, which heretofore, made • a prac-
tice of never granting to a company compulsory powers
to purchase lands, unless the company proved • by ate
adequataelibscription. contract, which did not exist in
this case, that they had funds sufficient to carry out the.
undertaking. . Experience proved that ' rival railway's,
either coalesced eventually, or worleed at a losi; and so,
he contended, it would 'be with telegraphs; and that the
well-known saying on the subject would be realised—
that wherever combination was possible, competition
was not.of long duration. The Learned Counsel con-
cluded by calling
Mr. J. R. M`Lean, C.E.,_ who stated that he held a
lease of the South Stafferd.hire Railway f0r.20 years,
and that he had, at his own expanse, constructed a
telegraph on that line. Great inconvenience was felt
and' much care required in adjusting and repairing
the telegraph at present on the railway, and an addi-
tional telegraph would double the inconvenience and
nuisance, independent Ofthe danger that would accrue to
the eat) working of the railway, if compulsorily entered
upon by rival parties. Should not in that event like to
be, responsible for the sate working of the railway, and
would rather, though it would be a greet hardship, pay
the parties than allow them to come on the line when
they might go without danger along she turnpike roads.
.
Was,- opinion, nevertheless, that two lines of tele•
.4'll!b tter than one for the polio service.
Mrh.
did 4 :L was the next witness examined.
t the clause in the' Bill for giving a
power to the Board of Trade would remedy
Controllinggti evilsihreeap wn 66tc would
Lltd Ehb bille' apprehended, and no board could exone-
rate a railway from liability to accident, that such a
state of things was calculated to superinduce. The
railway company would be liable under statute for com-
pensation in the event of accident to the public, and did
not,
there was no subscription contract, lodged
by t see, as
he British Telegraph Company, what means the
railways would have for recompensing themselves. Was
of 'opinion that notice, as was the case in all similar un-
dertakings, ought to have been given by the promoters
of 'the Bill of their proposed intention under the Bill to
take land compulsorily from railways. An accident
Might on the first commencement of operations happen
that would cost 20,000 e, and it was only fair that
iaeshould have the security of the usual gua-
rantees were instrumental in us-
nhg:trhreaesilfwron saytthe parties th
catastrophe. Knew from experience in public
works that where there were rival workmen on-the
ground they would destroy and play tricks. The public
interest Was identified with having teeth the railway and.
telegraph service of this country -done in the beet pos-
sible way, but did not believe that interest would be pro-
lryeoainodePomit ply for the outlay of two capitals and the
manipulations. Did not think it fair that
lines of wire, or the
ostpmhoteeostiratts
doeooadofos
sfebt
employ,
dn
combined'g forafterwards,t hei
f tthe
a ont
hp ea number of
npi eu
le, I ai
es wow oil ist l frequently
e
any company should be invested with powers that would
enable them to select any railway they pleased, and to
stop or go on as they liked. -Did'not know, but it might
possibly happen that if these compulsory powers were
granted, they might, in the absence of security of capital,
be used for the purposes of extortion and buying off.
The promoters having got their Bill might exercise it,
Rather than permit rival Workmen to come on a railway
a would be glad to pay to gee rid of them.
pay to-keep them off. Would
make one telegraph do'all the work just as he would one
railway, and the peblic, if they only saw that as the re-
salt lotdhfeicnrodamiivlpwiedtauiy:olYtt rthlieti:rrhadto. pay in the end double,
had considered the in-
terference contemplated by the compulsory powers pro-
posed relative to the commercial and private arranges
meats of the railways of this country, apart from thet.
would,
m r.
Rho believed,stephensop,
lax.,
immediate supervision of their officers, and was
10
' opinion that the powers sought for would be highly
dangeroua. Oa railways of large. traffic and where.at a
trains were numerous, their position and speed was in
great measure regulated by telegraph, and it „
-essential to the security- of the public service at all
times thatithis secure
ble
" and unconletcting. No system was probably more
fla the
to be injured h
-.Y. contingency so much as that .o
. telegraph, for the mere accident 'of one wire casually
falling-upon another w acalculated to divert.or destroy
supervision should be perfectly
interfere contingency might be
the electrical connexion. Cohohived that, under the- in-
fluence of ON rival interests this
I.
Of frequ
With, interests, would
• personal
one another irrespective of any
feitling .
,that might subsist. officera. A
.ellt 9eourrenee ,as the two
amongst the different
All iudividuala and everything connected
: with the *working _of a railway, could not be too.
absolutely Under one system of supervision. The moot
greatly.
the electric telegraph' had enabled the London and
North-Western Reilway to multiply their trains very
Without the telegraph they
compelled would have been
to have adopted a system of long and large
trains Moiling but seldom, for the accommodation of
the public.
Workmen .employed under rival ,control
generallyespeekin_
lc showed earelesstiersa and a disregard.
for interests they were not employed to promote. The
reversion ,
ef these telegraphs after- a certain period to
the railivays Would constitute a #aluable property, and
any interference with that reversion would be unjust, as
an interference with-their legitimate source of profit:- If
one company, were to be permitted to force themselves
on a railway without absolute control, did not see why a
third or a fourth should not be ,permitted to do the
same. The granting of any sueh power would be the
admission of a principle that could not fail to be attended
with consequences most disastrous. Competition. ac ap-
plied to telegraphs, or in other words competition be-
tween]
Aghtning and lightning, was an absurdity. It bad
been proved to be an absurdity as regarded railways,
for • competition alwayi closed in coalition. Railways
could never be worked so well as when centralised under
one establishment, and the result Was, as it would it
with telegraphs, that the public would derive the greetercnse
benefit. In telegraphs, almost" 9.loths of the expense
forp the
arose from stations and clerks, and it would be
interest of the public. as regarded:cost, instead of
purposes of
establish-
ment. Could not conceive a case for the.
eventual combination more easy, advantageous,
or pere
baps proper,. than
that of telegraphs.) It _ termed to
this. and Beton there would be only two or_ three great
railway interests in thiicountiy, While of Opinion that
was ftst- perfect absurdity;
competition in telegraphs'
thOuthe the telegraph companies Might to be compelled
1/41°641rtte-4501Me before/130%1mi%* out have *tit

When made np IFi I From what When
• PLAOrad. ,• General Post-omeel port die- due.
F . . London. patched.
II
' America (by Brit. pkt.)N,june 4 - • ,Livernuol —.Arrived
• •
•kinerlea (by pkt.) Njulte 1
;America (by U.S. pkt.) Per June 8 I tiovi June 9
America
hampt. Jane 3
Atistralis (via' South-
Southampt.
ampton) •• • ••M • • • • • ,Dover . •
Ditto (via Marseilles) N • • 'Plymouth..
• Ditto, via C. of G.llope N,Juneel
the
in..enth
!Plymouth June 3
3.trica (West emit), I
NN 4r
& 30th of mo.,Dover Ju,e 18
Alexandria* •••• • • • : 6aily Dover .. Daily
Belgium 'AI 9th of the month ISoathempt. June 16
Brazil •• 3,1 9th of the month Sonthampt. June 10
Buenos Ayres )1A id & 17th of manor. sou tun ot, June 5
California(viaChagrer
N 2d & 14th of June IPlymouth .. June 3
Cape of (I°°4 Nklnno 2.. • • • •lelYulonth • •
Cape. de Te.rde • •
N 17th 17th 27th of me ,Dover .. May 30
CentralConstan Atinni°t,„ll°,,* •,.
_2.18; livit.hdoi rn_ 18,enthatript: Jane 5
& 111. ISouthampt T. ThiSat
Charnel Isles
51'.4 17th of the month liSalthaMpt. June 5
Chili .". • M
&N T • wiee daily Dover • • Twieedail
France
Greece. Ni7thl7th27thofrno ;Dover .. Slav 30 Y
iumburgli •
NtTuesday & Friday London .. Tags. Sat.
Rolland .. •. Wednes. & Satur. London •
.. Men• Thur
flondnraa Nl7th of the mouth Southampt. June 20 Ireland ,• •• M & NlTwice dally Holyhead • • Twieedelly
India(via southamp.) M,2oth of tho month 'Southana t. June 20
India(
via Aarseilles) SI 1 •tth 24th of month' Dovn, P • June 28
India, via O. of G. lIo?e N 15th of month
Ply
Mauritius .••..Nl5 th of month Plymouth..
mouth..
Mediterranetn (via j
Southair p ton) .. A 1 20th of the month SMathatiart. June 20
'lfediterianellr.l (vl3
Marseilles) . N Bth&24tlt of month Dover .. June 1
Mexico .. '33 Id of the month.. Southampt. June 5
Madeira • • •• '3th of the month Southampt. June 10
Malta*• Ttla,l7th,l9th,27th 1 Dover June 10
& 30th of month
NaPle3* .. • . 2 sth 15th 25th ofmo Dover .• Juno 2
Papal Stated* Ii sth 15th 25th of too Dover .. June 2
Peninsular.. .. M 7th 17th 27th ef mo Southampt. !June G
Peru .. 17th of the month Sonthatnet. June
Tummy* • P sth 15th V.sth of mo Dover .. Junc2
West wiles 34 17th of the month SontbamPt June 20
West Indies (except • Juno 5
Havanna & Nassau) 11 2d of the month .. SoathemP•_
t 4900 ontrin tbys AV: 9A c
4r? are ""4
French pschet Via marmillds,