The Sun.
London, England, 1849-11-14 00:00:00

THE SUN, LONDON., WEDNESDAY'
__. EVENING, NOVEMBER 14, 1849.

NTELLIGENCE.
SHREWSBURY AND
RAILWAY it
BIRKENHEAD RAIL •
FRACASCHESTER B E T
ANDWEE NT B
WAY COMPANIES.
A dispute, which has occasioned considerable
interest in railway circles, 'has just occurred between
the two companies above-mentioned. In order to
understand what follows, it will be necessary to ex-
plain how it originated. It apyears that the Shrews-
bury and Birmingham line is to open this day
(Monday), from whence the Shrewsbury and
Chester Company always contemplated receiving
some portion of the traffic between Liverpool and
Birmingham, as the distance between these
two towns is the same by the route of the
London and North-Western and that via
Birkenhead, Chester, and Shrewsbury. The latter
route having the disadvantage of crossing the Mer-
sey, it is proposed by the Shrewsbury companies to
make a reduction of charge in order to place the two
routes on an equal footing, and for this purpose a
mileage rate for the three companies interested in the
Shrewsbury and Birmingham route should be agreed
upon. This arrangement the Birkenhead Com-
pany declined to accede to, and it was therefore
resolved by the other two companies competing
for the passenger traffic with the London and
North- Western to sableesh omnibuses from
Chester to Birkenhead, less charge than the
railway fare, so as to accommodate passengers who
preferred a saving of money to a saving of time.
These omnibuses have now continued to run from
Chester to Birkenhead for several days, no doubt
considerably diminishing thereby the amount of pas-
senger traffic on the Birkenhead line. The contract
for the omnibuses is taken by Mr. Smith, an extensive
omnibus proprietor in Chester, and it has been the
practice of his drivers to take the omnibus direct to
the booking offices at the Chester general station, and
thence to carry such passengers from Shrewsbury
and elsewhere as preferred omnibus to railway
accommodation.
T
hursday last an intimation was given by the
managor at the station to the driver of one of the om-
nibuses, th,:q he would not permit him again to enter
the station premises, for the purpose of decoying
passengers from using the Birkenhead line. No at-
tention, however, wig paid to the prohibition, and in
the afternoon the driver attended with his omnibus as
usual, upon which the station-manager called in a
policeman and gave him into custody. Immediately
after the driver was conveyed to the lock-up a train,
filled with "navvies," armed with clubs, was driven
into the station, prepared for any work that might
have ,been apportioned to them, As the prisoner,
however, had been removed, no disturbance took
place.
On the following day (Friday) the driver was
brought up at the Chester Police Court, charged by
Mr. Jones, the station-manager, with wilfully im-
peding and obstructing the business of the station.
Mr. C. W. Potts appeared for the complainant, and
Mr. Kelsall, the law clerk of the Shrewsbury and
Chester Railway Company, for the defendant. It
appeared from the statement of Mr. Potts that the
sLation was built at the joint expense of the
Lon,'on and North- Western, the Shrewsbury
and Chester, the Chester and Holyhead,
and the Birkenhead, Lancashire, and Cheshire
Junction Iti.'l"3l Companies ; that its regu-
lation was comm.
;tted to a committee consisting of
two directors from lath of the railway boards, who
had appointed Mr. Jon,
'IS as a
.general manager. By
the regulations of the cOtninittee parties were ex-
cludee from plying from the station with omnibuses
in the direction taken by the converging railways.
Mr. Potts, therefore, contended that Mr. Jones was
justified in ordering the driver off the station,
and
and
that the latter, by refusing to go, had impeded
obstructed the business of the station, aild rendered him-
self liable to a penalty not exceeding .51., and in default
two months' imprisonment under the Act 4th and sth
Tic., chap. 97, sec. 16, commonly known as Lord Sey-
mour's Act.
Mr. KELSALL argued that the omnibuses really
belonged to the Shrewsbury and Chester Railway
Company during the continuance of the contract with
Mr. Smith; that the Shrewsbury and Chester Com-
pany were part owners of the station, and as such had
a right to authorise, and did authorise the defendant
to enter upon and use the premises, and that Mr.
Jones had never consulted the station committee
before he ordered the defendant to be taken into
custody. He stated these facts for the information of
the magistrates, but denied at the s, me time their
jurisdiction in the matter, as the queson of right
must necessarily be tried elsewhere.
The Court consulted for a shore time, and
Mr. POTTS, the presiding magistrate, then gave its
decision, to the effect that no " wilful impeding or
obstructing" had been proved ; that the defendant
believed that he had a right to act as he had done,
in consequence of his instructions from the Shrews-
bury and Chester Company ; and that they must
therefore decline to adjudicate. and. leave the parties
to seek a remedy in the superior courts.
The dispute between the railway companies seems
likely to furnish some employment to the gentlemen
of the long robe ; in fact, we understand proceedings
'lave actually already been commenced,

lIIRIIINGFIAM AND OXFORD.
It is rumoured in certain quarters that negotia-
tions are pending between the London and North-
Western and Great Western directors for the sale of
the Birmingham and Oxford Railway to the former
company, who, it is said, are likely to obtain posses-
sion of it. We believe we are correct in stating that
negotiations have been carried on for such a purpose,
but that they have had an unsatisfactory termination.
One of the eonditions of the negotiations was, that
the London and North-Western Company should
advance 1,500,0001. on account of the purchase.
There were other conditions respecting the limits of
the bread and narrow gauges. We can, however,
state that negotiations are being carried on between
the two companies in the most friendly spirit for
working the traffic of the Birmingham and Oxford,
Birmingham, Dudley, and Wolverhampton, and
some other connecting lines, with the greatest pos-
-1 Bible economy.

CALEDONIAN.
We mentioned a few days since that the directors
of the Caledonian Railway had applied to the London
and North-Western Company for pecuniary assist-
ance; On Saturday the application—viz., for an
advance of some 200,0001. or 300,0001. upon the
rolling stock of the Caledonian Railway—was brough
under dsscussion at the monthly meeting of the Lont
don and North-Western board, and, after a very
animated debate, it was resolved not to advance the
sum required.
NORTH STAFFORDSHIRE.
Some serious differences have arisen between the
directors of the North Staffordshire and the directors
of the London and North-Western Railways re-
specting the agreement entered into in 1845—that
is, previous to the amalgamation of the old London
and Birmingham and Grand Junction—for taking the
Manchester traffic over a portion of the North Staf-
fordshire line. To carry out the agreement would
necessarily injure the amalgamated companies, who
are now called upon to fulfil the terms of the agree-
ment. Their objection to do so arises, it seems, from
the fact that a canal in connexion with the North
Staffordshire Company is competing with the London
and North-Western for the goods traffic. It is stated
that the latter company require this competition to be
put an end to before they will consent to negotiate
upon the basis of the agreement of 1845.
SOUTH YORKSHIRE, DONCASTER, AND
GOOLE.
The portion of this _line
,extending about nine
miles in length, from Doncaster to the Swinton
station, on the Midland Railway, was opened for traffic
on Saturday. Four trains now run daily each way
between Doncaster and Sheffield.