The Sun.
London, England, 1841-06-21 00:00:00

REGULATION OF RAILWAYS,

MR. LABOUCHERE'S BILL.
The Select Committee appointed to consider whether it
is desirable for the public safety to vest a discretionary
power of issuing regulations for the prevention of ac-
cidents upon railways in the Board of Trade ; and if
so, under what conditions and limitations ; have con-
sidered the matters to them referred, and have agreed
to the following Report :
The discretionary power which is especially referred
to the consideration of your Committee is contained in
the 11th clause of the Bill :
" And be it enacted that it shall be lawful for the Lords
of the said Committee to issue, from time to time, such re-
gulations as they shall deem necessary for the prevention of
accidentsupon railways. Provided alway-s that such regula-
tions shall not prescribe anything of an experimental na-
ture, nor interfere with the number of trains, nor with the
times of starting, nor with the stoppage of trains, nor with
the speed of travelling on any railway further than may
be necessary for the purpose of preserving an interval
of not morn than fifteen minutes between succeeding
trains ; provided also, that any such regulation shall
be, as nearly as circumstances may render it expedient,
the same upon all railways : provided also, that no srch
regulation shall be in force after the first issue thereof
for a longer period than six mouths, unless at the end of
such six months the Lords of the said Committee shall
direct its further continuance : provided, also, that no
such regulation as aforesaid shall be binding upon any
Railway Company, unless the Lords of the said Com-
mittee shall have given to such Company one calendar
month's notice in writing of their intention to issue the,
same, in which notice the precise nature of such in-
tended regulation shall be specifically stated, and if it
be intended to apply to particular railways, or in a dif-
ferent manner to different railways, the reasons for such
special applications shall also be stated ' • and any Com-
pany shall be at liberty to memorialise the Lords of the
said Committee against such intended regulation, which
memorial shall be filed by the said Lords in their proper
office for such purpose, and submitted to Parliament as
hereinafter mentioned."
The reasons which were alleged as making it desirable
that this discretionary power should be given to the
Board of Trade are stated by Sir Frederick Smith; who
has bee:a appointed to the situation of Inspector-General
of Railways. He observes that the question of Govern-
ment supervision having been settled by the Act of last
session for regulating railways, it now only. remains to
determine the extent to which that supervision shall be
carried.
He states that it appears from the returns of acciilcnts
made to the Board of Trade, and from the inquieies.in-
stituted by the Board into their causes, that a consider-
able member have been occasioned by the want of proper
regulations, and might have been 'prevented if a power
of issuing regulations had been vested in the Board of
Trade. He also considers it important for the public
safety that a power should exist somewhere of prevent-
ing what experience shows to have occasionally hap-
pened, the disregard of points so essential to the safety
of the railway traveller, that there can be no rational
'doubt as to their necessity.
It is impossible, however, he says, to define the
powers which should be granted to the Board of Trade
as to the course they should pursue for the prevention of
accidents, until it can be defined what are all the various
causes having a tendency to endanger the safety of trayel-

lers by railway.
In. the present state of railway knowledge, if any po-
sitive and definitive enactment were made, -es to the par-
ticular cases in which the Board of Trade should or
should not issue precautionary regulations, the effect
would be that powers might be given where experience
would prove them to be unnecessary, while the authority
would probably be fettered where et might be required
to have the widest scope.
The varions differences in local circumstances existing
in the different railways of the kingdom necessarily oc-
casion a great variety in the system of their management,
so as to render many regulations which are highly pro-
per upon some lines inapplicable to others without occa-
sioning injury to the peoprietors and inconvenience to
the public.
The real interests of the Railway Companies, as well
as the 'safety of the public, would therefore, Sir F. Smith
considers, be best preserved by vesting a discretionary
power in officers respons-;ble not only to the chief of an
important branch of *.-,ne public service, but also to the
public and to Parliament. -
It will be obsereed that in the clause above quoted the
discretionary pc,wer is limited in regard to several mat-
ters which are intimately and unavoidably connected
with the publi e safety, such as the number, speed, and
and stopping of trains.
times of starring
These Fimitations have been introduced in order to
meet the, views of different Railway Companies, who re-
presened them to be important for the protection of
their interests ; but your Committee believe that the
ev;_denee they have collected clearly establishes the inex-
r.seliency of any such limitations, and they have there-
fore considered the propriety of giving to the Board of
Trade a general, unrestricted, discretionary power in
all matters connected with the public safety.
With reference to the expediency of vesting such a
power in the Board of Trade, widely different opinions
have been expressed- by witnesses of great practical ex-
perience in the management of railways.
On the one hand, it has been stated by witnesses ex-
tensively. connected with railways, that they consider it
very desirable for the public safety that there should be
some power to regulate a great number of things which
cannot be regulated in any other way, but to enforce a
greater degree of uniformity of system than now prevails
in matters essential for the public safety; and that they
view the proposal to vest a discretionary power in the
Board of Trade without any apprehension of injury to
their interests as railway proprietors. On the other
hand, it has been strongly urged that the existence of
such a power in a Government department would be in-
jurious to the railway interest, and might tend to dimi-
nish rather than increase the safety of railway travelling,
by interfering with the responsibility of those entrusted
with the management. .
It is established by evidence to the satisfaction of your
Committee, that the existingpower of supervision vested
in the Board of Trade by the Act of last Session, for
regulating railways, has worked well hitherto, and pro-
mises considerable advantages for the future, from the
continuance of the amicable spirit and cordial co-opera-
tion which seems to have happily prevailed on the part 1
of both the Inspector-General and. the Directors and En-
gineers of railways.
This amicable spirit, it has been represented by seve-
ral
witnesses connected with railways, is likely to con-
tinue uninterrupted so long as the supervision of the
Board of Trade is exercised as at present, in the way of
suggestion; but if an absolute power of enforcing regu-
lations under pain of a penalty were given, it might, al-
though exercised with the greatestjudgment and for-
bearance, have the unfortunate effect of engendering, on
the part of Railway Companies, a desire of concealment
and feelings of jealousy which would not otherwise arise.
Influenced by these considerations, your Committee
recommend that the Board of Trade sbould not at pre-
sent have the discretionary power contemplated in the
eleventh clause of the Bill above quoted, and prefer that
the supervision of that department should be exercised
in the way of suggestion rather than in that of positive
regulation. At the same time they propose that minutes
should be made of the various suggestions which may
from time to time be offered to Railway Companies; and
your Committee make this recommendation with a view
to the suggestions themselves and the correspondence
arising therefrom being submitted to Parliament when-
ever they may be called for.
Your Committee therefore suggest that, in lieu of the
11th clause, a clause should be substituted requiring that
Railway Companies shall enter in the minutes of the
proceedings of their boards of management, or in some
book to be brought under the notice of the Directors at
their periodical meetings, all such suggestions as may be
addressed to them by the railway department.
Your Committee are of opinion that one great source
of danger to the public may arise from a want of har-
monious proceeding on the part of the managers of con-
necting railways, in reference to their regulations and
arrangements at the junctions ; and your Committee,
with a view to remove the difficulties which are likely
to exist in this matter, consider it expedient that when-
ever the directors of connecting lines of railways shall
not be able to agree upon arrangements for conducting,
with safety and convenience to the public, their joint
traffic, it should be lawful for the directors of either of
such railways to demand that the arrangements for carry-
ing into effect the above object, so far as they can be
deemed to relate to the safe and convenient transference
othf e passengersother,
companies should a n and goods
nominating
be r:a f
ne fromrarrebd i t
rtaoonearbitrator
rc
arbitration,o ; n
an ne edt,i ni n railwayeathehe oef v h
the
to
net
of the disagreement of the arbitrators so nominated, the
railevay department of the Committee of Privy Council,
on application in writing by either party, should be au-
thorised to appoint an umpire, whose decision should be
conclusive on such points as may be submitted to him in
efore,
f u ryt hoeurra nccoemomf ti
thteeseeaorbe j, etcht
es .i.
of opinion that clauses
for the objects above stated should be added to the Bill.

THE UNHOLY - ,
Fr o m the
doS c o t
notsn ian . t
exhibith
71-7-------LAGU
a combination
LEAGUE—CORN.
LAW FALLACIES.
The annals of ParliamentC
more indecent and unprincipled than
arrayed against the people of Britain ; and
which is now
contest appeals not only to the pockets, but the
coming
mon sense and the manhood of the whole electoralto the core
It is unquestionably the interest of the oT bc.dy,
as much as any other class to have ctealcultY.trists
which is consumed by all the landholdperssugar,
and
farmers, and by at least one-half of the P
santry ; yet we see their representatives sue':.
p-
porting the West India monopoly. The ivt.
Indians, on the other hand, would find their t
ad-
vantage in getting their bread at as low a price as
possible ; and yet we find them declaring in favour of
the Corn-laws. The problem is easily solved. Each of
the parties has a small interest in common with the con-
sumers,-but he has, or thinks he has, a much greater one
in upholding his own monopoly. They, therefore, submit
quietly to pay an extra price for each other's produce,,
tnat their joint strength may enable them -to draw
what they believe to be a ten times larger sum from the
pockets of the community c.t large. Begging pardon of
both parties, we must say that the morality of their coa-
lition is very like the morality of certain classes of de-
predators, who, though plying their trade in very distant
spheres, make common cause against the.. police and the
public.
In the same way, the Canadian interest, consisting of
some dozens of merchants and shipowners, would be
benefited by having their sugar and- their corn
as cheap as poSsible. But having; . invested their
e,
funds in the business of supplying us with bad
timber, they see, that if the corn and sugar mono-
!. , . - -r: ; 7,77 i,- : • •. • (slid f.,-.11()%if. •Ti.:ll, tii,:i•c-r
,
r • .., !, I, .•• • r:r,rLirL thE; cydi (I' (Vl-r corn alit'
L!ettr sugar upon us, that they may be able to plunder us
through the article of timber. I
We are a •
,satisfied that each of then .three classes, though