The Sun.
London, England, 1847-06-18 00:00:00

IMPERI

AMEN T

HOUSE OF ; -) S, 17.

Their Lordships met at Five o'clock, when the Earl of
SHAFTESBURY presided, in the absence of the Lord
Chancellor, for some time, during which several Bills
were brought up from the Commons and laid on the
table.
The LORD CHANCELLOR having taken his seat on the
Woolsack, other Bills were brought up and forwarded a
stage.

PORTUGAL.
Lord BROUGHAM said he wished to ask the Noble
Ilarquis whether was true that upon the arrival of the
small vessel which had taken out the Count Bomfim and

the other prisoners of war to Angola, an insurrection
had broken out in that colony, and whether it was true
that Count Bomfim, who had been sent out as a convict,

was now in the position of the Governor of Angola, he
being himself a prisoner of war? He hoped that Das

Antas, instead of being a prisoner of war, was not now
the Governor of Lisbon.—(Hear, hear, and a laugh.)
The Marquis of LANSDOWNE—I have heard the
report.
Lord BROUGHAM—Have you any doubt about it?
—(Hear, hear, and a laugh.)
The Marquis of LANSDOWNE —I have some
doubts. •

Lord BROUGHAM—Has my Noble Friend at the

head of the Admiralty heard it?-(Hear, hear.)
The Earl of AUCKLAND—I have heard it.

Lord BROUGHAM—Have you any doubt of it?—
(Hear, hear, and a laugh."

HEALTH OF TOWNS BILL.
Lord DENMAN presented a petition in favour of the

Health of Towns Bill,
BIRMINGHAM AND OXFORD JUNCTION
RAILWAY.

Lord LYNDHURST then rose to move the further
consideration of the report of the Committee appointed
to inquire into the truth of the allegations contained in
the petition of the Great Western Railway Company re-
lating to the Birmingham and Oxford Junction ltailway.
The Noble Lord then proceeded to say that the directors
of the North-Western Company had purchased 4,000
shares in the new company, and read over the names of
several of the directors, engineers, solicitors, locomotive
superintendents, and clerks, who had purchased those
shares, among whom the names of Mozely and Tootal
occupied a prominent place. He would ask their Lord-

ship; what the y thought of such a proceeding? Now,
what was the next step which was taken? A meeting was
advertised, for the purpose of appointing an additional
number of directors, and at that meeting six more were
added to the original eighteen, under the direction of
the North-Western Company. The next step taken
was to try to remove four of the old directors. The dis-
pute was then brought into the Court of Chancery, and
subsequently into the Court of Queen's Bench, and how
they should succeed there it was not for him to say.
A Bill was then brought into Parliament to obtain the
sanction of the agreement, and the Bill was reported on
favourably by the Committee who sat upon it. Some
discussion afterwards arose upon it, and it was re-
committed, with the same result, and the sanction of
Parliament was subsequently obtained for it. The Bill
was then brought before their Lordships, and it
remained for them to decide what course they should
adopt in reference to those strange prcceedings. Let
him suppose, for a moment, how this matter would
have stood if an agreement had been entered into by
the Great Western Company to accomplish a similar
object. Would anybody for au instan suppose that a non-
compliance with the standing orders would in any way
have prevented the consideration of the merits of the
Bill, or that it would in any way have affected the de-
cision of the Committee? It was perfectly evident to any
one in the possession of common sense, that these shares
had been placed in the hands of the present holders
not for the honest purpose of deriving an income
from them, but in order to obtain a preponderance of in-
terestin the concern, with a view to influence the opposition
and obtaining the defeat of the Bill. This was the rea-
son why they were placed in such a situation, and he
was quite sure that, considering the matter in that light,
their Lordships would not allow any merely tech-
nical obstacle to stand in the way of substantial justice to
the parties. And he felt the greater confidence on this
point, because, is fact, at the time the report of the
Committee was made, they were not aware of the precise
position in which the Bill stood before the Committee of
Standing Orders, and should, therefore, move, that, in
compliance with the instructions which they had received,
the Committee should be directed to take the evidence,
and inquire into the merits of the Bill pending the deci-
sion of the Committee of Standing Orders.
A conversation here ensued across the table between
Lord Lyndhurst, Earl Grey, Lord Brougham, Lord
Redesdale, and the Duke of Richmond, at the conclu-
sion of which

The Earl of DEVON moved that the Committee do
proceed in the usual way.
The Duke of RICHMOND then explained that it
was the custom of the Standing Orders' Committee to
allow of one month; to go to the shareholders in the
event of there being a non-compliance in any particular.
Such was, in fact, the position of the Bill at the present
moment.

Lord KINNAIRD said on a former occasion ho voted
against going into Committee, because he did not think
it wise for the Legislature to interfere in the matter
while it was before a court of law, but their Lot dships
having decided to appoint a Committee, he was
inclined to support the motion for going
further into the inquiry. It was alleged that
the directors having delayed the issue of the sealed cer-
tificates deprived the shareholders of the power of
voting upon the Bill, but urged in justification of the
(limiters that these shareholders had purchased their
shares for an object. He had no doubt whatever that
such was the case, but he altogether disbelieved the
statement that the shares were purchased with the funds
of the London and North-Western Company.
Earl FITZ WILLIAM supported the motion for in-
quiry. Ile had supported the appointment of the Commit-
tee, because he thought inquiry necessary for the public
good, and because he thought it behoved their Lord-
, ships to assert the powers which they delegated to the
promoters of that railway, and which powers were
sought to b 3 turned aside by the conduct of cer-
tain parties. Ile regretted that the Commit-
tee had not gone into the inquiry, and with
all due respect and regard for the Noble Lords com-
posing it, he would support the motion of the Noble
and Learned Lord, or he would go further and support
the appointment of a new Committee, who might take a
different view of the proceedings.
The Earl of CHICHESTER said as chairman of the
Committee which had been appointed by the House,
he thought it necessary to make a short statement of
the grounds upon which the Committee had come to
report against proceeding without further instructions
from their Lordships. The further observations of the
Noble Earl were perfectly inaudible.
Lord BEAUMONT thought there were two distinct
questions before the House. The case as brought before
them by the Noble Lord was, whether they should or
should not suspend their own standing orders, and whe-
ther it was wise to suspend them or not depended on the
truth of the allegations in the petition presented to their
Lordships. The Committee appointed to investigate that
was most competent to form a correct judgment, and he
therefore thought it should report to the House
whether the allegations were true or not. It
would be then for the House to say whether they
would suspend the standing orders. He thought, however,
they should not stop there, but take steps to prevent a
repetition of similar acts in future. His own opinion
was, that they were common, and he was of opinion
that the time had arrived when they should put an end
to them. For that purpose, ho would suggest the ap-
pointment of another Committee to report specially on
that subject.
Lord PORTMAN thought that certainly the Com-
mittee ought to report to the House, for the whole of
the argument of his Noble and Learned Friend fell to
the ground, when it was recollected that the agreement
had been entered into by a number of gentlemen, who
i had been elected to the responsible position of directors,
with full powers to make any arrangement which would
be bidding on the shareholders ; and it was hardly to
be supposed that was at all consistent with equity or
fairness, to allow their decisions to be set aside through
the conduct of a few of the shareholders, unless there
was some equitable or legal deficiency in their proceed-
ings. If a Committee then was appointed at all, he
trusted that his Noble Friend, and the Noble Lord next
him (Lord Brougham), and other Noble Lords who were
more conversant with legal and judicial inquiries than
many lion. Members of their Lordships' House, would
consent to render their assistance in the investigation.
The Earl of DEVON was understood to cite some in-
stances of similar purchases of shares, and to show the
effect of them upon the interests of the different com-
panies, but the way in which his Lordship spoke, ren-
dered him quite unintelligible in the gallery.
Lord REDESDALE said that he could not see how
the statement made by many Noble Lords with respect
to the London and North- Western Company, having
purchased a monopoly in the Birmingham and Oxford
shares, had been borne out. It was confidently asserted
that the funds of the North-Western Company had
been employed to get the line into their hands. Now,
what was the fact—lt was said on the other side, that
the shares were not purchased by the North-Western
Company, but by individuals, who, having purchased
those shares, considered that they then had a right to
vote as to the disposal of their property. He looked
• upon the manner in which one-sided statements were
received in that House, as highly injudicious and even
dangerous. The charges made against the North-Western
Company were all received by the House as proved.
It would fall upon the commissioners to report whether,
in the quarter of Oxford and Birmingham, the broad
, gauge should be continued farther. That was a most
important matter for the public, and therefore he moved
that proceedings on the Birmingham, Oxford, Wolver-
hampton and Dudley Junction Railway, and the Bir-
mingham and Oxford Railway, should be intermitted till
, the important questions pending in the Courts of Law
should be decided. He was surprised most of all that
such a motion should ever have been heard as that the
standing orders of their Lordships' House should be sus-
pended. The standing order alluded to was framed for
, the safety of the shareholders, and was one of the most
[ important for the public that existed on the records of
, their Lordships' House.
F The Earl of WICKLOW said he would support the
amendment moved by the Noble Lord who had just sat
down. For he had voted against the original motion
for a Committee of Inquiry as a course which could not
result in anything useful • and now that he had heard
the Noble and Learned Lord, after the Committee had
reported, his opinion was noways changed. He thought
that their time, especially at this part of the session, was
, more valuable, and might be more usefully employed
than in prosecuting an inquiry so abortive. Why should
; a Committee of that House be formed to inquireinto
what was the intention of the Legislature in an
i Act of Parliament whether one company had
power to sell, or another company the power
to buy? A appeared that the Ciro; Western were

anxious to become lessors of the line, and were in pos-
,,e,ien of a vast nevem t• of the xhar,s. The Greit
v- t ~.c- • " •
up as many of these shares as they could find in the
market ; they purchased from the Great Western them-
selves, who could not resist the temptation, and thus
got possession of the line. That was the case, the whole
case, as far as any result which any Committee of their
Lordship's House should ever be able to at rive at.
Lord BROUG HAM thought that the Noule Lord, who
had just sat down, had made a distribution of his goods,
his vote to the one side, :Ind his speech to th-• other.
But whatever !•te..1,--)J!•1;
that thete had been a jugg'e, a Lieviee, a atralag,ha,
had operated to the frustration of the declared intention
of the Legislature. Votes were purchased up at any
price prior to that meeting, which was necessary, under
Lord Wharncliffe's standing order ; and the object,
without doubt, was to frustrate the intention of the
Legislature. But if he was wrong in the fact, the re-
port of the Committee, when brought up, would set
him right. That was the object and the end of a Com-
mittee. A Committee were the very eyes, the organs
by which their Lordships saw. They were instructed to
inquire ; inquire they did, and submitted all the facts to
the House. Complaints had been made about crimina-
tion and recrimination taking place. That was the very
point upon which they ought not to complain, for there
was crimination in that which they had directed their
Committee to inquire into, and they could not expect
that some reply would be wanting to the allegations
which were made against parties, whose interests were
concerned in the transaction. He felt it necessary to
apologise to their Lordships for again entering into the
subject. He had confined himself as much as possible
to the new features which the case had presented ; and,
in conclusion, he should express a hope that a strict
investigation, if honestly gone into, would operate as
an example, and tend to hinder the offence from being
repeated.
Lord STANLEY said that the question was, whether
this was a transaction carried an by one great company,
or was it not? Was it a bond fide purchase, or was it
not? The Committee agreed to investigate the case ;
and the Counsel, in his opening speech, said, that he
would not attempt to prove that this was not a bona fide

transaction, and then the Committee and House were
entertained by a mere assertion of some guarantee hav-
ing been given by the Great Northern Company, and
that they had gained an unfair advantage by a strata
gem. How did the case stand—the shareholders in the
Company had sold their interest in the Company—
no formal transfer had taken place, and the shareholders
took advantage of their nominal position as shareholders
and repudiated that which they had performed, really
and in fact, because of a technical objection. He was
surprised to hear his Noble Friend take the part of those
who had acted in such a manner, and to complain that
the Committee would not hear those whose case had, in
the very outset, been admitted to be no case at all.
He thought that, in such a case, their Lordships would
be wrong if they attempted to depart from the ordinary
rules permitted in these cases.—(Hear, hear.)
Earl FITZWILLIAM stated, that he entirely con-
curred in the view which had been taken of the case,
when Noble Lords stated that there had been a strata-
gem practised. The only question was, whether the
stratagems on one side, or both sides, were calculated to
injure and damnify the public. That was a matter which
ought to be inquired into.
The House then divided, when the numbers were—
For the amendment 22
Against it
Majority against the amendment — 6

The original motion, instructing the Committee to
proceed with the inquiry which they were directed to
make by the former of der, was then put and negatived.
Lord REDDESDALE then gave notice that he
should move a resolution, that the Commissioners of
Railways do inquire into the comparative merits, and the
means of public accommodation afforded by all the rail-
ways between London and Birmingham.
BISHOPRIC OF MANCHESTER BILL.

The Marquis of LANSDOWNE stated that the Com-
mittee on this Bill would be postponed until Monday.
Lord STANLEY said that it was understood that the

Bill would not be committed that night ; in order that a
legal opinion might be taken as to the power of the
Crown to call the four new bishops proposed to be created
to that House, and thus supersede the arrangement of the
Bill on that point.
The Soap Allowances Bill, and the Stage Carriage
Duties Bill were severally read a first time.
The Masters in Chancery Affidavit Bill passed through
Committee, and was reported without amendment.
The Burgh Police (Scotland) Bill was read a third
time and passed.
The other orders of the day were disposed of, and the
House adjourned.

HOUSE OF COMMONS. June 17.
The SPEAKER took the Chair shortly before Four
o'clock.

REPORTS.

The following reports on Bills were brought up, and
ordered to lie on the table:—
Hartlepool and Stockton Junction Railway.
Lytham Improvement.
Newcastle and Berwick Railway (Cramlington and Percy
Main and Killingworth and other Branches).
Newcastle and Berwick Railway (East Coast Line, Blyth,
Seato❑ Sluice, and other Branches).
Wakefield Gas.
THAMES CONSERVANCY.
The wort on the Thames Conservancy Bill was,
upon the motion of Colonel T. WOOD, ordered to be
taken into consideration to-morrow (Friday) week.

CONSIDERATION OF REPOIiTS.
The reports on the following Bills were further con-
sidered and agreed to :
Eastern Counties Railway (Purchase of the North Wool-
wich Railway, &c.)
Edinburgh and Northern, and Edinburgh, Leith, and
Granton Railways Amalgamation.
Edinburgh, Leith, and Granton Railway (Leith and
Granton Junction).
Leeds and Thirsk Railway (Eaglescliffe and Stillington
Extension).
Leeds and Thirsk Railway (Branch from Melmerby to
Northallerton, &c.)
Leeds and Thirsk Railway (Harrogate and Pateley
Branch, &c.)
York and Newcastle, and Newcastle and Berwick Rail-
ways Amalgamation.
York and North Midland Railway (Harrogate Branch,
Boroughbridge and Knaresborough Extension).