The Sun.
London, England, 1846-07-01 00:00:00

TILE SITN, LONDON, WEDNEgDAY

o'clock, and_ that he thought he should be able to save any
further delay and trouble to the Committee, as he hoped he
should be able to conclude au arrangement with Mr. Brunel.
Aster a short time, whict' was spent in consultation be-
tween Mr. Brunel and Mr. Walker,
Mr. Mr:l-...,,wErtatit stated that he had, been informed that
an arrangement had been entered into between the parties,
which he would his' before the Committee in a formal and
proper mluner to-morrow.
' rho Committee then adjourned till twelve to-morrow.

GROUP XXXIII.
The Committee on this Bill having adjourned to this day
from Saturday, met again at twelve o'clock this morning,
and pr, ceuded with the adjourned case of the landowners,
petitioning against the
317.17e1INGEAVE AND ozronn jUNCTION.
Mr. itliscLoN proceeded to address the Committee on the
part of his several clients petitioning against the Bill. He
went over the whole of the evidence given on Saturday,
which was stated at great length in The Sun of Monday
morning, both as it referred to the landowners, and of the
traste:ii of the Independent Chapel. In respect of the latter
case, the Learned Counsel observed that it was impossible for
his clients to accept the offer of Mr. Cockburn, as to tie
building of another chapel, in the case of the annoy-
ance to the congregation being as great as was repre-
sented. His clients were of opinion that it would
be impossible to find an efficient arbitrator. It would be im-
possible to appoint any person who would be able to form a
-4gment upon the many " nice points" which were included
question, as to whether the annoyance was as great
beep anticipated. The Learned Counsel concluded by
ing that the objections to the line, on account of the
to prnperty, would certainly not be sufficient of them-
wives," but that the line itself was not one which was called
for by the exigencies of the country, and that the Warwick-
shire and London lines were far superior to the Birmingham
and Oxford Junction.
Mr. WNATELEY then addressed the Committee on the part
of the promoters of the Bill at great length. The Learned
Counsel said, that the only very important opposition to the
line was on the part of the trustees of the chapel, and on the
part of Sir Edward Smythe. In respect of the latter, he
would only say that he was prepared to refer the question as
to whether the Company should buy the whole of his pro-
perty or not to any gentleman they might choose; and he
would then refer the price to be paid for it to arbitration ;
or if Sir Edward Smythe wished to keep his property, or
any part of it, they would refer the question of compensation
to arbitration, and would give the most liberal compensa-
tion. In respect of the chapel, the Learned Counsel repeated
the offer made by Mr. Cockburn on Saturday, as to the con-
tingent building of a new chapel, and said that he
thought the Company could not make a more liberal offer.
He also instanced several cases of places of worship
being situated in the immediate vicinity of railways, and no
inconvenience being sustained, or, at all events, complained
of. The Learned Counsel then proceeded to object to the
Warwick,hire and London Railways. He said that the
London and Birmingham Company had, in this case, pur-
sued an obstructive policy. These lines were not intended to
supply the wants of the country, but to take posses-
sion of it and keep every one else out of it. The
Learned Counsel objected to the three lines of the
Warwickshire and London on these grounds. The
Worce,ter and Weedon was an eastern and western
line, and it had been proved that the whole traffic was north
and south. There had been no attempt to prove a case of
traffic on this line, except in regard to lean cattle, and indeed
there was no traffic that could go by the line but that. The
same was the case with the Hampton and Aschurch and
the Hampton and Banbury; there had been no evidence
whatever as to traffic on either? and the latter was a line
beginning nowhere and ending nowhere. It stopped
at half a mile from Banbury, and a junction could nut be
made with the Oxford and Rugby line, because the level of
the Hampton and Banbury was thirty feet above the Oxford
and Rugby. Besides this, the Hampton and Banbury ran
for a considerable distance parallel to the Oxford and Rugby,
and then passed through most valuable property. Again, the
case set up on the part of the London and Birmingham
Company, as to the hospital at Warnford, that the rail-
way would be rather an improvement than an injury to
the hospital, it certainly had been said by Doctor Jephson,
that the patients would rather like it than not; but he
would ask the Committee whether a man in the height of
fever, or a poor fellow who had had his leg taken off, and had
taken an opiate for the sake of forcing an unnatural sleep,
would be very much pleased by a train passing by, with the
engine hissing, screaming, and roaring m the dead of the
night ?—( A. laugh.)
The Learned Counsel's speech occupied about an hour.

as had
obsery
injury

Mr. AUSTIN then rose on the part of the
WARWICKSHIRE AND LONDON (WOR-
CESTER. AND WIZEDON, lIA.TIMPT:.7N AND
BANDITRY, HAMPTON AND IiSHCHITECII).
In reply to the speech of Mr. WIATELEY, he dwelt at some
length on the accusations of that gentleman against the
London and Birmingham Company, and observed that
he was very sorry that the Great Western Com-
pany should instruct their counsel to make such allegations
as this, which could not be disproved, but which he thought
could have no effect with the Committee. The Learned
Counsel proceeded to show that the three lines of the War-
wick and London were not competing with the Birmingham
and Oxford. The only parts of the two schemes which
could at all be said to compete, or even to compare one with
another, were the War wick and Banbury portion of the Hamp-
tGn and Banbury and the corresponding portion of the Bir-
mingham and Oxford. It had been said that the stations of the
Warwickshire and London, at Leamington and Warwick, li
were n9t convenient. Now at these places each line formed
a letter S ( Mr. Austin here referred to a plan). In the War-
wick and London one curve brought them close to Learning-
ton, and the other brought them near Warwick; and at each
place the station was within one street's length of the popu-
lous part of the town. But on the Birmingham and
Oxford the S was reversed, oae curve taking the line far
away from Leamington, and the other carrying it far away
from Warwick. The Hampton and Ashchurch and the
Worcester and Weedon were not mere east and west lines,
but north-east and south-west Imes, and would carry a large
amount of north-east and south-west traffic. The Hampton
and Banbury line did not fall short of the town of Banbury,
as represented by Mr. Whateley. There was a station to the
west of the Oxford. and Rugby line, which was common to
this and the Tring to Banbury line, and although it was
lost in the Tring to Banbury Bill, it still remained
lin the Hampton and Banbury line. The Learned Counsel
dwelt at great length on the question of monopoly and com-
petition, and urged that the passing of the two Bills for lines
competing with one another, would not have the effect of
440:_vcio4 monopoly. There could be no competition be:

once come down to the lowest point to which it was the in-
terest of the companies to bring them they
would amalgamate and raise the prices The ne-
cessity for high tolls being increased by the double
expenditure of capital, the passing of both lines would rather
injure than advantage the public. He did not look upon his
Learned Friend's observations as to the mischiefs that might
result from the line passing by the hospital as likely to have
much weight with the Committee. He thought the evi-
dence of Dr. Jephsou had set that point at rest, and he
should think that gentleman's opinion much more worthy to
be relied on than that of his Learned Friend.

Mr. AUSTIN'S speech occupied about two hours.
At. about five minutes to four o'clock the room was cleared
in order that the Committee might consalt as to the course to
be ad6pted in proceeding with the case. On our re-admis-
sion the Chairman said that the Committee would prefer to
take the evidence of the engineers who had been sent down
to examine the levels of the Worcester and Weedon line, on
Thursday, instead of to-morrow, if that would be equally con-
venient for the parties.
The Couns_l having declared that it would,
The Committee rose at about nalf-past four, and adjourned
till to-morrow at eleven o'clock.

GROUP XXXVIII.
The Committee met at the usual hour.

WEST F ZIaXNG UNION.

Mr. BnlNEs, Q.C., opened the case for the promoters of this
Lne, in a speech of considerable length.
The first witness called was

Mr. Hawkshaw, the engineer to the line. He was also
the engineer to the Manchester and Leeds Railway. The'
whole sy-teni of railroad included in this scheme was about
45 miles in length. The main line was laid out so as to form
a continuous line of communication between Leeds, Bradford,
and Halifax. The next branch was proposed to accommo-
date Bradford, Halifax, and Huddersfield. The third branch
ran in the direction of Bradford, Dewsbury, and Wakefield.
There was also a branch from the main line at Brighouse to
Bradford. -A branch called the Cockersdale branch was pro-
posed to be made for the purpose of accommodating the ex-
tensive coal fields in this district. The examination And
cross-examination occupied the whole of the day.
The Committee adjourned till 12 to-morrow.

many parties, and one's hopes in these particulars are some-
times fallacious. However, in a short space of time, I cannot
say immediately, but probably in the course of half an hour,
or as much time as will be occupied by the law- stationer in
copying some papers, I shall be prepared to lay before you
the terms which we have to submit,
Mr. CocunuaN, Q.C., said he appeared on behalf of the
Shrewsbury and South Staffordshire (that part of the line
that would extend from Wolverhampton to Shrewsbury),
and the question of levels would materially affect the line of
his clients. They were, therefore, extremely anxious to
know the nature of the term's that would be submitted to
the Committee. It was quite clear that what would affect
the Shrewsbury line would also affect the line of the party
for whom he appeared. There were two competing lines
between Shrewsbury and Wolverhampton, and both lines
would be laid down on different levels ; and whatever might
be the decision of the Committee, the line for which he ap-
peared would have to adopt the level of the line sanctioned
by the Committee.
The Hox. CHAIRMAN—They must be a party to tbe ar-
rangement.
Mr. Cociuiunx—Of course.
Mr. Hope—l believe there will- be no great difficulty in ar-
ranging this matter.
Mr. COCKBURN—I dare say if the Committee would ad-
journ for an hour, or half an hour, the matter will be ar-
ranged.
The Hox. CHAIRMAN—We had better say half an hour.
The Committee accordingly suspended proceedings until
the expiration of that period.
Mr. COCKBURN said he was sorry to find that at present
his clients could not enter into any arrangement with the
other. His party were perfectly willing to amalgamate with
them on such terms as the Committee or any person might
fairly approve of. It appeared that the other party had no
substantial objection to amalgamate, but they had raised some
technical ojection against the accuracy of the measurement
of the line for which he appeared.
The Hon. CIAIRMAN—That is the level of your line be-
tween Wolverhampton and Shrewsbury?
Mr. COCKBURN—Certainly. They proposed, in the first
place, that the question of the supposed inaccuracy of these
levels should be ascertained, and they said that, supposing
that that inaccuracy should be established then they would
have nothing to do with his clients. Supposing, however,
that it was ascertained that no such inaccuracy existed, they
would then consent to amalgamate, so that they offered to
play with them a sort of game of " head, I win, tail, you lose."
Of course his clients could not consent to amalgamate on such
terms.
The Hon. CHAIRMAN—If you cannot agree upon the facts,
you know you cannot get on further—that is quite clear.
Mr. COCKBURN—bst so. The decision on the question
of levels might most seriously affect the interest of his clients,
and they objected to the Committee coming to any decision
until they had heard what were the levels which the other
party had adopted. They would be most willing to accom-
modate the other party, but of course they could not accept
the terms proposed.
Mr. HOP/ said that the .objection which his party made
would, if it were established, be a most fatal one, and it was
his duty therefore to insist on the question of the accuracy of
the measurement of his Learned Friend's clients' line being
settled. They had proposed that it should be settled by the
engineers of both lines, or, in case of their disagreeing, by
the decision of their referree. The Learned Counsel then
proceeded to read and comment on the terms of settlement
proposed to be entered into between the Shrewsbury and
Birmingham and the Birmingham, Wolverhampton, and
Dudley Companies.
Mr. Sergeant KIWOLAKZ then addressed the Committee
at some length on the terms proposed by his party. He
contended that the low level was the best level for the t own
of \% olverhampton, and that the Shrewsbury and Birmingham
Company did not struggle for the high level there for the
purpose of accommodating the district, but really to
construct a line by which they might pour upon their
canal line (if they were to obtain it) the whole
of the traffic coming from Shrewsbury. The question
of the levels was a public one, and he hoped that
the Committee would so decide as to force the traffic
arriving in Wolverhampton to be brought in on the low
level. His clients were perfectly willing to give up that
part of the line which would accommodate Dudley, but he
contended that in return for this concession the Shrewsbury
and Birmingham ought undoubtedly to give up to his
clients that part of their line between Tipton and Wolver-
hampton. because the population and the traffic of
that district did not require it. The Learned Sergeant con-
cluded by proposing to put in a written statement explana-
r4ory of the propositions of his Clients, but
Mr. HOPE having objected,
The Hon. Cuainatax decided that the document ought not
to be received.
Mr. Hera then contended that the proposals of arrange-
ment of the Birmingham, Wolverhampton, and Dudley Com-
pany ac ere not such as his clients were fairly entitled to, and
relied to the remarks of the Learned Sergeant. The propo-
sitition he pronounced to be the most niggardly he had ever
heard. The question of levels was entirely an open ques-
tion, and would not, as his friend had adroitly re-
presented, settle the lines of the district under the
consideration of the Committee. He contended that
if the Committee did not sanction that portion
of the Shrewsbury and Birmingham line between Tipton
and Wolverhampton, they would hand over that district
bound hand and foot to the Great Western Company. His
Learned Friend had proposed amalgamation in the same
breath that he had extolled the benefits arising from com
petition. The fact was that if the line proposed by his
Learned Friend were sanctioned in its present shape, it would
lead to one of the greatest monopolies in the country.
Mr. SEW% said he appeared on behalf of a body of inde-
pendent ironmasters, who were very much interested in the
question now before the Committee. He understood that an
arrangement between the two companies had been proposed
to the effect that the district in question should be fairly
and equally divided between them. He begged to say,
on behalf of the public, or at least that portion of
the public which he represented, that they had a most
decided objection to any arrangement which should prevent
the green line (the Shrewsbury, Wolverhampton, and South
Staffordshire) from Tipton to Dudley being carried through
to Wolverhampton. He trusted that the interests of the
public would not be sacrificed by any arrangement between
the two countries.
Mr. COCKBURN submitted that before the Committees de-
cided upon the terms proposed, they ought to hear his clients
on the question of level. They were quite willing to
amalgamate with the Shrewsbury and BirmingLava, provided
the low level at Wolverhampton were adopted. If the Com-
mittee decided that the high level of that company should
be sanctioned, the fate of his clients' line was sealed.
Mr. HOPE said that, for the purpose of coming to a fair
rongannient Ny2t,ll!;l2,..Learned,,Counsel's_elients, he; pffoleil
the Committee might fairly come to a decision on the terms
proposed between the Shrewsbury and Birmingham and the
Birmingham, Wolverhampton, and Dudley Companies, with-
out hearing the case of the other companies as to the advan-
tage of the low level. Let that lengthened inquiry be re-
ferred to the engineers—that course had been adopted in
other Committees.
The Hon. CHAIRMAN said he thought it would be well, in
his opinion, that the Learned Counsel on the opposite side
should consent to refer the matter.

Mr. COCEBUEN objected to do so.
It was, however, eventually arranged that the question of
the supposed inaccuracy in the level should be referred to the
decision of the engineers of the lines.
The room was cleared of strangers, and on oar re-admission,
after the expiration of half an hour,
Mr. Sergeant KIMGLAKE again attempted to lay the
written statement before alluded to before the Committee.
Mr. HOPE agaih objected, and
The Hon. CHAIRMAN decided that it ought not to be
received, remarking that the written terms already before
them required no supplemental explanation.
DECISIONS.
- -

The Hon. CHAIRMAN then said that the Committee had
come to a decision in favour of two stations at Birmingham,
and also two at Wolverhampton. They had also decided
that the whole of the lower line (as represented on the map)
should be assigned to the Shrewsbury and Birmingham
Company, and the upper to the Birmingham, Wolverhamp-
ton, and Dudley.
After a short conversation between' the Hon. Mr. Talbot
and Mr. Lang and the Committee,
The Hon. CHAIRMAN said that the Committee had come
to the decision that the preamble of the
SISE.OPSH/RE UNION RAILWAY and CA-
NAL (CHESTER and ViTOLVERHADIPTON)
had been proved.
At the request of the Learned Counsel, the Committee
postponed going through the clauses of the Bill until to-
morrow.
• The Committee then adjourned, at half-past three o'clock,
till twelve o'clock to-morrow.