The Sun.
London, England, 1853-02-01 00:00:00

DAILY WEA7HER TABLE.

TUESDAY, FEB. 1, 1853.
State of the wind and weather at each of the following
places at nine o'clock yesterday morning. The stations
Ire arranged in order of latitude.
HASTINGS—N.N.E., gentle breeze—cloudless.
SOUTHAMPTON—E., gentle breeze—foggy.
FOLKESTONE—N.E., light air—cloudless.
TUNBRIDGE-N.W., gentle breeze—cloudless.
GREENWICH--W. calm—foggy.
STROOO—N., calm,—cloudless.
Swirmorr—N.W. light airs—cloudless.
LEIGHTON—N.W., calm—overcast.
CAMBRIDGE-N.., gentle breeze—cloudless.
YARMOUTH—E., gentle_breeze—cloudless.
Theteturns from the following places indicate the state
cf the weather oil Saturday morning at nine o'clock
_ _

LEXGHTON—N.E., calm—overcast.
IfoLikEAD—Calm—overcast, frosty.
LANCASTER—S.W., calm—foggy.
WHlTBY—Calm—foggy.
DARLINGTON—W.S.W., gentle breeze—overcast and
foggy.
SHAD—S.E., gentle breeze—overcast.

THE WEATHER.—SuN OFFICE, FEB. 1.
THERMOMETER, IN THE SHADS.
40—highest since noon on Saturday.
29—lowest yesterday morning, and during Sat. night.
32—yesterday at noon.

BAROMETER, 30'28.
WIND, N.--A thick fog came on last evening, and has
continued ever since. It was very dense this morning ;
but has cleared up a little towards mid-clay.

tr Vat,
n

LONDON, TUESDAY, FEBRUARY 1, 1853:

The very able and conclusive judgment of Mr.
ELLIOTT at the Lambeth Police Court, on Friday,
when finally disposing of the summon against a
cab-driver for an alleged plying for hire at the
Waterloo terminus, and within the grounds of the
South-Western Railway Company, ought to have
the effect of setting that vexata questio at rest for
ever. It bears every mark of calm deliberation,
and of cool and attentive consideration. There was
no controversy as to the facts. Everything neces-
sary to raise the issues had been admitted. The
matters in dispute had been fully argued on either
side, the meaning of the enactments discussed, and
many pertinent cases cited. The decision is in
every way worthy of Mr. ELLIOTT'S previous re-
putation, and, coupled with those of the majority
of the Magistrates, and the opinions of the late-
ATTORNEY and SOLICITOR GENERALS, may be con-
sidered as completely overruling the rather hastily
formed opinions of Mr. A'BEcxErr and of the one
gentleman whose views coincided with his own.
Under ordinary circumstances, it might be antici-
pated that the matter would terminate here--that
Mr. A'BECKETT would bow to the decision of the
majority of his magisterial brethren, and that the
cab-owners privileged to enter the stations of the
South-Eastern and Brighton Companies may be
freed from a persecution to which those re-
sorting to the London and North-Western, the
Great Western, the Great Northern, and the
South-Western stations are no longer liable. We
fear, however, nothing but the decision of one
of the Superior Courts will satisfy Mr. A'BECKETT,
and if such- indeed be the case, and that he refuse
to observe the ordinary routine, it will be his
duty to place the matter on such a foundation
as will enable that decision to be as speedily and
economically obtained as may be practicable.
Two questions, depending on the construction
of different statutes, have to be determined before
we can arrive at a just and proper conclusion.
let, What is " a plying for hire," within the
meaning of the Acts Ist and 2d WM. IV., c. 22,
and 6th and 7th Vie., c. 86 2dly, Whether the
word " Elsewhere," contained in the 32d sec-
tion of the last-mentioned statute, can be con-
sidered as applying to private property ? On the
first point, " the plying," generally speaking, is
a constructive plying, depending on the interpre-
tation of the 24th section of the let and 2d WM.
c. 22, which enacts " that every hackney-
carriage which shall be found standing in any
street or place, and having thereon any of the
numbered plates required by that Act to be
fixed on hackney-carriages, shall, unless actually
lared, be deemed to be plying for hire, al-
though such carriage shall not be on any
standing, or place, usually appointed for the pur-
pose of hackney-carriages standing, or plying for
hire." In that clause, the word " place" must
be deemed to be ejusdem, generic with its an-
tecedent " stre et," and to mean only any locality
open to the public. The case of PAUL V. JAMES,
cited by Mr. Ermorr, is directly in point. A
mere standing at the carriage-way in one of the
stations, on the private property of any company,
could not therefore be deemed " a plying for hire"
under that Act, and there is nothing in the sub-
soquent statute to extend the meaning of the
phrase ; and as the 34th section of the 6th and
7th Vic., imposing a fine, must be considered
as a penal enactment, it must, according to the
established rule, be construed strictly, and most
favourably to the defendant. It is clear that the
" plying for hire" must be distinct and positive,
which never takes place in railway stations, the
regulations not allowing any solicitation of pas- i
sengers.

Again, even if the word "place," should
be held to include private property, and
that PAUL v. JAMPA had been overruled, it
might fairly be contended that there was " an
actual hiring" by the Railway Company, so
as to take the case out of the statute. There is
nothing to prevent a company, any more than

a private individual, from hiring any number of
vehicles for the accommodation of those arriving
at or departing from its stations, nor to fix the
amount of remuneration to be paid for such
hiring. The privilege of entering on its private
property would be amply sufficient, for it must
I be remembered that a cab-driver will be bound
• by any agreement he makes to accept any remu-
neration, however trifling or below the fare fixed
by law. Any consideration, however trifling,
would be sufficient, and he would be firmly held
to his bargain. On both grounds, therefore, that
"place" did not extend to private property, and
that the party might be considered as actually
hired by the company it must be held that there
is not (except in cases of direct solicitation by
the driver) a "plying for hire," so as to render
him personally responsible under the later Act.
On the second point, as to the meaning of the
word " elsewhere," the same authorities will ap-
ply as to the necessity of its being ejusdem, generis
with the " standing or place" appointed, which,
by the 29th section of the Act, must be in " the
centre part of the street." The opinion of Sir
FREDERICK PoLLocK, referred to by Mr. Ma'am;
is perfectly clear and distinct on this point. It de-
clares that " elsewhere" means "elsewhere," in some
public place or street; it was meant entirely for the
protection of public places, and has no reference
to any place that is purely private." If, there-
fore, there were an actual, and not merely a con-
structive, " plying for hire " within or at a
railway station, it would not fall within the
statute, nor would the party be liable to any
penalty. , And the fact that the Commissioners of
Police do not consider themselves authorised to
appoint a stand within the stations of railway
companies, or on any private property, although
allowed to do so, under a subsequent Act, at
" any place of public resort," affords additional
confirmation to the argument.
It was attempted to rest the question to a cer-
tain extent on the ground of " pUblic conveni-
ence." Now, no degree of public convenience can
warrant an interference with private 'property, un-
less under the sanction of a direct enactment ;
and care will in every such case be taken that
every party deprived of his rights shall receive
ample compensation. But were it otherwise, we
deny that the public convenience would be in any
degree promoted by removing the control from
the hands of the company, and allowing any
drunken or abusive driver who possessed a licence
to enter the station at any hour or time he
thought proper (as he would be. entitled to do if it
were made a public standing place), and to set
the most useful regulations of the company at
defiance. It is a matter of public notoriety that
there is a greater security against extortion or
misconduct of any kind in cases where the cab
has • been taken from a railway station than if
picked up at a public stand. The drivers know
that they are under strict surveillance, that any
complaint will be promptly attended to, and
strictly investigated, and they will not lightly
risk the valuable privileges which would be for-
feited in case any gross misconduct should be
established against them. Let us only consider
for a moment the facilities for purloining small
but valuable packages that would be afforded,
under cover of a dishonest "cabbie." It would
not be fair to the companies to deprive them of
the power of excluding suspected characters, while
their responsibility was continued and enforced.
The only possible result of forbidding the plying
for hire within stations would be that passen-
gers would be compelled to go with their
luggage to the nearest stand ; and we can
easily conceive the confusion, annoyance, and
loss that would arise when persons, just off
the road, and wearied with the journey, were
surrendered to the tender mercies of the gangs of
pickpockets and swell-mobsmen who would fre-
quent every standing. The only complainants,
indeed, are the excluded cab-owners, who consider
that their more favourable brethren derive con-
siderable advantage from their admission ; but
this is no greater grievance than a refusal of
liberty to put their hands into the pockets of their
wealthier neighbours. The mere fact that they
pay a heavy duty to Government—which they
would not unless they conceived it their interest
so to do—cannot possibly warrant their intrusion
on private property, or subject the Railway Com-
panies to their unwelcome visits at all hours of
the day or night, however inconvenient. The
matter works well as it is, and there is no neces-
sity for any interference with the existing system.

We insert with much pleasure the letter of
"An Old Reformer" on the Ballot, as we always
do communications which controvert our argu-
ments with ability and candour ; and we at once
concede to him, that universal suffrage, as it is
termed, or at least some extension of the suffrage
which shall include the great bulk of rate-payers,
is the constituency most appropriate to the Ballot.
When each man, or nearly so, has a vote for him-
self, each may safely leave his neighbour to vote
for his own interest, and regard his own honest
preference as a sufficient guide. Such is the
assumption of the Fox MAIME theory. But it is,
after all, a low and unworthy one. We trust the
time will never come when it will be the control-
ling idea in the minds of English Electors.
" Every man for himself," and " no friendship in
trade," are, we are aware, settled maxims in
Manchester, and its adjacent towns ; but we are
happy to know that the thorough selfishness of
commerce has not destroyed all brotherly sympa-
thy between man and man ; and the schools,
libraries, and parks bear witness, and we trust
will do so increasingly, to the pleasing fact. So
much do we disrelish the low conception that each
voter should vote for himself only, that we think
the tendency of the Ballot to lessen this feel-
ing, and to train men to a nobler one, one of its
chief recommendations. The intimidated voter
is frequently under the moral necessity of voting
for his immediate personal interests in a most
humiliating form. He is compelled selfishly to
save himself and family at the cost of what he
believes to be the general interests of the nation.
The Ballot, in a vast majority of instances (and
this large majority is sufficient to justify its use),
would deliver him from the necessity of acting
on motives he so despises. The bribed voter,
again, whether influenced by beer or money,
must be thrown upon higher motives than for-
merly in giving his vote secretly. He now gives
it from the lowest and vilest of inducements,
he could not be influenced by worse, and the
great probability is when no one could pay him
in any shape with safety, that he would begin
to conceive of and to ponder more disinterested
considerations. We must even condemn the
kind of influence exercised by non-electors over
the shopkeepers and publicans at Stockport ;
for so far as it is really moral, as our correspon-
dent terms it, the Ballot would leave it untouched ;
the tradesmen susceptible of moral influence,
would also be so could they vote secretly. The
truth is, that the only " influence" affected by
the Ballot would be that of threats from the
operatives of exclusive dealing ; a threat which
which we have heard them justify as necessary to
balance the threats of customers as important
nearly to the shopkeeper by their wealth, as the
workmen are in consequence of their numbers.
We equally detest both threats. No elector
ought to be at their mercy. We advocate the
Ballot as leaving the tradesman-voter equally free
from the intimidation of the individually wealthy
few, and the collectively wealthy many, but
open to the moral influence of both. We may
notice, in passing, that the theory of all classes of
persons being represented by our present other-
wise indefensible hodge-podge of constituencies, is
one which is founded essentially on this selfish
view of the electoral privilege. Each class
will, it is said, vote in accordance withits interests ;
therefore we must have a large swarm of petty
boroughs, and boroughs entailed with an estate,
an University or two, tenant-at-will and
Woodstock-park constituencies. All sorts, in
fact, because electors will be sure to vote
not for the national interests, but only for
their private ones. We cordially hate the doc-
trine, and its degrading tendency. We hold
that PROVIDENCE has designed us to be trained,
by our social combinations, to something a step

or two beyond our animal pleasures, and beyond
our tills and ledgers too. The family, the parish,
the municipality, the national Legislature,—all are
or ought to be concentric indeed, but widening
circles, by expanding to which our whole moral
Man becomes ennobled. Of course, a man voting
secretly may also vote selfishly ; but he cannia t
be compelled or tempted very easily by his fello- vs --
creatures to do so ; and every man knows that .it
is in those acts which are screened from the ey(
of men, he is most likely (unless depraved ind( )edl
to remember his responsibilities to society, anc
even to the GREAT JUDGE of all right and wrong..
But descending to much lower ground.—t(l
Stockport, and other similar boroughs as the: T
are—we much question the moral and politi
cal influence of the non-electors over tb .e
electors. We have known a good deal .of
such boroughs since the Reform Bill, an d
we have seen unparalleled efforts made by
thousands of non-electors, and we have seen tb lei r
man a bare winner, and we have seen him a dso
defeated. We have seen operative electors silen ce(l.
by Tory masters, or obliged to vote agai t
their wishes, whom, with the protection of th e
Ballot, their masters could never have managed L.
We have known men compelled, for their fan,: i-
lies' sake, to vote with their employers, w 12.1.),
even if' their employers had dared to exact a
wicked promise from them, would ha' .re
thought it less wickedness to break it
the interest of their innocent country, than
to keep it in fidelity to a guilty tyrant.
So far, therefore, as we have seen, any influonce
of the non-electors has been frequently over-ba,
lanced by those vilest of tyrants, who, hy.virig
votes themselves, yet rob their poorer depeudenics
of theirs. Moreover, we have heard shopkeepe rs
remark, that between the demands of the opes :a-
tives and those of the master they choose to :re-
main neuter ; others have observed, " Why they
are too many to hold together long, and if I do
but sell sugar and plums a farthing a pound
cheaper for awhile I shall have them all back
again, and others too, and keep my rich cus-
tomers besides." Hence we are persuaded that
the lower classes have nothing to lose by con-
ferring the Ballot on the present electors. In-
deed, we fee/ confident that the elected at the hus-
tings would then more commonly be the elected at
the poll. Stockport, moreover, is, as it strikes
us, rather an unfortunate borough as an argument
against the Ballot. It enjoys a somewhat unen-
viable notoriety in connection with another
larger borough on the other side of Manchester
for electoral raisbehaviours, which would dispose
many decided opponents of the Ballot to think that
Stockport might be most advantageously required
with Oldham to give its votes secretly. Each
borough has been honoured with the candidature
of a Methodist-Tory (the meanest type of Toryism),
and each has obtained a British reputation for in-
sufferable displays of drunkenness and violence at
the elections :in which this gentleman was a candi-
date. In St( )ckport this gentleman—who voted
against the ten-pound franchise in counties,
against the Jews admission to Parliament, for the
Ecclesiastical Titles Bill, of course, but against
the Ballot, al fainst, indeed, every Liberal measure
we can now remember—in Stockport, this gen-
tleman trim/ iphed. Surely he was not the man
of the unrepresented 8,600 ! Into the details
of Stockport electioneering we cannot now descend,
we may have time on another occasion ; but we
imagine that Stockport and Oldham will be gene-
rally adduced! as imperative arguments in favour
of the Ballot. Take the kingdom through, how-
ever. No man can doubt that the influence of the
millions of iton-electors is as nothing compared
with that of the few wealthy electors and
the aristocracy. It is so in the numerous
petty boroughs ; it is so by universal confession
in nearly all the counties. The farmers are
influenced solely by their landlords ; it were ludi-
crous to think even of the " moral and political
influence" over them, of agriculturallabourers, and
country trad., asmen. We would call our correspon-
dent's attention to the speech of Mr. H. H.
Vivi Arr, tho Member for Truro, at a
" crowded and enthusiastic meeting" held
in that tol n L in favour of the Ballot, which
he will find in another part of to-day's paper.
He found, in. examining a county constituency,
with a view of contesting it, that the agents weni
to work after the usual and indispensable custom,
inquiring, not how this or that elector will vote,
—not what are his opinions on political subjects,
—but, " Whose tenant is the man?"—" Whom
does he work under ?" and thus, he says, the
I electors were arranged, in fact regularly scheduled
under certain t influences, by which it could be"
pretty well predicted how they would vote.
Mr. VIVIAN found the schedules were against
him ; but ha ving thought little of the Ballot pre-
viously, the moment of his touching an election
convinced him t)f its necessity. Mr. VIVIAN had
another interesting lesson on the necessity of the
Ballot at Set. Ives (Cornwall). The schedules
there were A, the electors under a large mine
proprietor ; B, those under a large landed
proprietor ; 0, the ten-pound householders
not very numerous ; D, the old free-
men, a very candid class of men, always hesi-
tating till tl ie last hour, and very " open to con-
viction." Ire found the tenants from year under
" perfect di ;" the miners also, as some who
had been ocs'ce insubordinate had been sent in con

sequence 20 or 30 miles to their work in perfect
discipline also. In one district he heard but the
name of th..e great miner mentioned—in another,
that of the landlord. And the independent voters
being but a hopeless few (the Liberal member this
year polled. but 18, his Tory competitors, 256 and
218), Mr. VIVIAN thought he had no chance by
open voting, and tried Truro, we are happy to say,
with the suwess which he deserves. We sum up
the whole for the present with the remark, that,
where the Ballot would free one elector from the
proper influence of the non-electors, it would free a
thousand from the improper influence of Peers of the
realm and of the wealthier electors.

It is deeply to be regretted that, in consequence
of a petulant decision on the part of the Common
Council of the City of London—a decision at
variance with the opinions previously expressed
by that body—Mr. CHARLES PEARSON has been
compelled to retire from his position as honorary
member of the Central Railway Terminus Com-
pany. The announcement of this unfortunate cir-
cumstance was made about a week since, on the
occasion of the first general meeting of the share-
holders of the Company, at their offices in Black-
friars. That the original of the entire scheme
should be thus summarily obliged to retire from
any connection whatsoever with its management,
is most deeply to be regretted ; and, but that the
enterprise has been so far advanced under his
guidance as to defy the chances of its abandon-
ment, we should view the withdrawal of Mr.
PEARSON as calculated to prove disastrous to the
undertaking. Happily he has contrived al-
ready so firmly to establish the pro-
ject in the public estimation, that he leaves his
post at the Board of Management for a while with-
out much cause for serious solicitude as to the
consequences. Nevertheless, while such is un-
doubtedly the case, it must be admitted on all
hands that the course pursued in this matter by
the Court of Common Council is most earnestly
and energetically to be deprecated. It must be
remembered that Mr. PEARSON originally pro-
posed his plan for a Central Railway Terermithe
at at a time when he himself was emb fCommon Council. He, in fact, promoted the
measure, as he has himself observed, " in confor-
mity with the express resolutions of the Common
Council, pronounced twice in its favour after an
interval of some years by that body I Yet the
Common Council eats its own decision—enters a
formal dissent from the Company's Bill—and
thereby, of course, necessitates Mr. PEAR-
SON'S immediate resignation of his seat as
an honorary member of the Board, in con-
sequence, of course, of the official position held
by him as Solicitor to the City of London Corpo-
ration. We may confidently assert that the ici-
dent here referred to will not in any manner
tend to elevate an already unpopular municipality
in the public estimation. As matters now stand,
we can only hope that some circumstance may

speedily arise that will admit of Mr. PEARSON'S
speedy return to his place at the Board of the
Central Railway Terminus Company. His tem-
porary retirement, it is at least gratifying to
remember, was marked by a resolution of the
Shareholders, expressive of regret for his de-
parture, and of hope for his return under more
favourable auspices—a resolution which, having
been duly proposed and seconded, was, of course,
carried by acclamation.