The Sun.
London, England, 1846-03-31 00:00:00

RAILWAY LEGISLATION.

Lord KINNAIRD brought forward the motion of which he
had given notice—That a Select Committee be appointed:—

Ist, To take into consideration the best means of enforcing
one uniform system of management on railroads in operations,
or to be constructed, and to secure the due fulfilment of the
provisions of the Acts of Parliament under which the compa-
nies have obtained their powers, whereby greater accommoda-
t ion and safety may be insured to the public. !Id, To take into
consideration what means may best be adopted for diminishing
the extravagant expenses attendant on obtaining Acts of Par-
liament fur legitimate and necessary undertakings, and at the
same time for discouraging the formation cf schemes got up
for the mere purpose of speculation. 3d, to consider what
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legislative measures could be framed to protect individuals from
the injury they may sustain by laying down lines of railway
through their property, without subjecting them to th- ruinous
expense of opposing Bills in Parliament. These resolu-
tions contained the objects which he sought to carry
out by the present motion. He had no hostile
feeling against railways, but he wished to place them on a good
and wholesome footing. There was now found a great diffi-
culty in the other House of Parliament, in legislating on this
subject, from the strong railway interest that was growing up
there, and unless the matter was taken up in good time, this
pewer would so increase that it would be very difficult to deal
with it. No time therefore was to be lost. Some steps were
absolutely necessary to be taken, in order to control this grow-
ing power to a certain extent. He knew it would be said that
it was now too late to urge on this question. That was the ob-
jection by which it was met before ; and he was glad that.no
step had been taken upon the subject before, because when this
project was urged on a former occasion, they had no idea of the
extent to which this railway spirit would spread ; but now they
had the advantage of the experience the delay afforded them ;
and he did trust the House would take advantage of it, and
frame some measure by which the public, as well as individuals
would be protected. He might be met with the answer that
the Board of Trade had certain powers over railways, but he
did not think those powers sufficient. The Board of Trade
was not to be blamed for that; he had no doubt they did their
best ; but it was not because they had failed that another trial
should not he made, with a view to a more successful result.
The Board, he suggested, should have a power of superintend-
ence over railways in actual operation, and appoint superintend-

ents in the same way as they had superintendents now over
parishes, and over rivers, and other matters. Now he thought
there were certain means which might be adopted by the Com-
mittee, and which would, in his opinion, exercise a control
over them. This was one of them. He found it in a
letter addressed some years back to a Member of the

other House by an eminent engineer. After com-
paring roads and canals with railroads, and com-
plaining that there was no adequate safety to the public, he
said that by reducing the capitals of all railways into one stock,
he would venture to say that the evils now complained of would
be done away with. He ( Lord Kinnaird) thought the thing
practicable ; at all events, it was worth the consideration of
the Committee. His own idea was that the public would be
efficiently protected by encouraging competition. There were
already several lines in existence, all proceeding from this great
metropolis, and all forming what he might term the great
arteries of the country. His proposal was, that these lines
should be considered great arteries, and therefore should not be
allowed to amalgamate. Now let them look at the lines in
operation. They had the Great Western, which proposed, by
way of Oxford, to reach Liverpool, then Lancaster, and so along
the coast to Glasgow; then the London and Birmingham,
which partly taking the same route, joined the Caledonian, and
so round by the north to Edinburgh and Glasgow. They had
also the London and York, which, by way of Hexham, reached
Edinburgh; and the Eastern Counties, which, proceeding by
Newcastle, reached Berwick. If they turned to the west,
they found the Great Western throwing out lines to
Exeter, and the South-Western doing the same
thing. They had lines to Dover, to Brighton, and
to East Kent, aid these all formed great and distinct lines.
He thought that competition should be encouraged between
these companies; and he put it to their Lordships' consideration
whether such a system would not be likely to conduce to the
public interest, if adopted. Suppose they wish to accommo-
date the country between these lines, say perhaps Nottingham,
then a reference would be made to the Government Board,
which would apportion ►t in reference to the existing railways.
There were several other points bearing upon the question, but,
as the motion was not to be opposed, he would content himself
with moving for the Committee.

The Earl of DALHOUSIE confessed that he did not enter-
tain such sanguine expectations with respect to the Noble
Lord's plan as the Noble Lord had expressed for himself
With regard to the amalgamation schemes referred to, he would
say, that it was a matter which should be looked upon with a
jealous eye, whether the amalgamations referred to railway to
railway, or railway to canal. The attention of Parliament
had more than once been called to this question. It had been
treated by a Committee of the other House in 1844, and last
year by the Board, in connexion with the Executive
Government. The subject in the present session was referred
to another Committee, just appointed, with the view of laying
down additional rules and conditions respecting amalgamation.
Regarding the other feature of the plan proposed by the Noble
Lord, that of a Board in connexion with the Executive Govern-
ment, he would pass by the consideration of the Board of
last year, in comparison with it, as the powers now sought
by the Noble Lord were more extensive than had been the
fuuction of the Board of Trade. It was quite clear. that the
present system was open to strong objection, but he did not
think that much advantage would result from taking the power
of dealing with them out of the hands of those who now had it.
No doubt, when a company was formed for the purpose of
getting the power of taking possession of the property of others,
it would not be well to leave so large an amount of power in
their hands. As to what had been said about the expenses
incurred in going before Standing Orders' Committees,
it would be desirable that the amount of those expenses should
be lessened, still he did not think that that was a matter in
which the Legislature ought to interfere.
Lord KINNAIRD did not intend that the powers which
Parliament had should be taken from them ; but what he did
suggest was, that certain parties, on behalf of the Government,
should be taken down to make inquiries upon the spot into the
merits of each case. He had been on a Committee in which
this plan was adopted, and the results were most satisfactory,
and such plans would also have the effect of preventing a vast
mass of litigation.
The Marquis of BRED ALBANE said he agreed with his
Noble Friend. Nothing could be more desirable than that
there should be some controlling power over those railway com-
panies. He was anxious to see all railways the result of com-
petition and private enterprise ; but, with respect to the desire
for amalgamation, no doubt it would be very desirable that all
great lines should be under the control of one great directory,
and that frequent ownership along a line should be prevented ;
but he could not say that he entirely concurred in his Noble
Frienp's view of the principle of amalgamation.
The Marquis of LONDONDERRY said he was in favour
of amalgamation ; but care should be taken that it was not
extended too far, lest too great encouragement should be
given to monopoly, which would be very dangerous to the
public interest. He was of opinion that those matters should
be left untouched until the present Committees had sent up
their reports.
Lord WHARNCLIFFE said, that although he did not
wish to express any opinion upon this question, yet he did
not wish it to be understood that by giving his vote in favour
of the Committee he was giving his sanction to the ap-
pointment of a Board of Commission. Railways had now
become matters of national importance, and it would be very
desirable that the Government should have a power of control over
the companies to a certain extent. He was not very sangnine
as to the results of this inquiry, but it might, to some extent,
be useful ; and it was not too late, as had been supposed, to make
it, because, in every railway Bill that had been recently
passed, a clause had been inserted to the effect that all these
companies should be subjected to any general rule which the
Legialature might deem it necessary to adopt.
Lord MONTEAGLE said that great misconception existed
out of doors upon one point connected with railways, and it
was this. In many cases the parties to a deed for a railway
felt indisposed to carry it out, and would prefer not doing so ;
but they were under the impression that they could not come
before Parliament with a petition praying that they might be
relieved from this work, which they themselves had under-
taken to complete ; but he believed they were mistaken, and
he thought it would be well that the public should be made
aware that parties to a deed of this sort had the power to send
in such a petition, and the Legislature to grant its prayer.
The Duke of WELLINGTON said it was the practice to
submit railway companies to the power of the law before they
got their Bill, but there was nothing like a sufficient controul
over them afterwards. He did think that those compani,-s
should be amenable to the common law after they had made
their railways, as well as before.
Lord H AfHERTON did not think that the fact of parties
petitioning to be released from the making of a line, should re-
lieve them from certain responsibilities which they had un-
dertaken. He was also of opinion that the expense and loss
of time consequent upon parties being obliged to go before
two Committees on Standing Orders should be avoided, and it
could easily be done by means of a commission.
Lord CAMPBELL said he agreed with the Noble Duke,
that the public safety should be more carefully guarded against
than it had been upon the railways. The infliction of a
deodand had no effect whatever, and he agreed with a Noble
and Learned Lord, that that was nothing more than a ridi-
culous remnant of ancient superstition. Care should be taken
also that in case when a man, the father of a family suppose,
should have been killed, that the widow and family should re-
ceive compensation. A Bill to that effect was introduced last
session, but was thrown oust. In Scotland the law compelled
pecuniary compensation in such cases ; and he had heard of
one instance in that country, where a matt been killed and his
widow was awarded 2,000/.
Lord REDESDALE hoped the Noble and Learned Lord
opposite would introduce that Bill again, for, under the pre-
sent circumstances, parties had no redress whatever. They
might apply to the superintendent or to the chairman of the
board, but all these were parties interested; they gave very
civil answers, but no redress was to be had.
The motion was then agreed to ; and
Lord KINNAIRD said he would name the Committee to-
morrow.