The Sun.
London, England, 1846-04-24 00:00:00

THE SUN, LONDON, FRIDAY EVENINGI APRIL 24, 1846.

they had to consider was the peculiar and anomalous position
in which they found themselves placed, and the wisest course
it behoved them to take. Taking that "pesition into con-
sideration, he mast say, that as far as he understood the
Bill submitted, with the sessional order with which it was ac-
companied, it appeared to him the best means of relieving
them from the difficulty in which they at present stood, and
to meet the evil arising from the enormous demand on the
capital and labour of the country, which stood in the way of
the legitimate commerce ef the ceuntry.—( Hear, hear.) He
must, at the same time, remind the Noble Lords who sat on the
Railway Committee, at the early period of the session, that he
(Lord Ashburton) stated very similar views to those stated
that night, respecting the difficulty in which they would find
themselves placed.—( Hear, hear.) It was impossible to
go on with the present mass of adventure, which was beyond
the means of the country to accomplish in any reasonable time.
A Noble Lord opposite had referred to the case of Ireland,
and the relief which the construction of railways would afford
in the peculiar circumstances of the country; but, however
anxious they might be to relieve Ireland, they must recollect
that if they went beyond the means of the capital of the
country, instead of benefiting Ireland, they would clog all pro-
ceedings intended for that purpose, and defeat the very end
sought to be obtained.—( Hear, hear.) He must say, con-
sidering the peculiar circumstances of the country, that the
-measure was a necessary one to meet the difficulties.
His object was to insure the classification of these several
schemes, and he thought that this classification ought to be
observed—that is, that the several railway schemes ought to
be apportioned into classes. He was aware, that under
the direction of the Noble Lords who had formed the Com-
mittee, that certain lines ought to be preferred, and
the first class they recommended was that which
comprised the lines of the national defences. The next
class was that which was described as being likely to fill up
gaps in established railways ; though, if the business were to be
conducted as it was at present devised, there was little proba-
bility of obtaining their Acts during the present session. It
was much to be regretted that such should be the case, as the
passing, of these Bills was likely to contribute largely to the
advantage of the public. The next class was that which was
called the offspring of the strong companies, more particularly
those of the Great Western, South-Western, and the London
and Birmingham, and others of &similar character, which com-
panies, from their enormous incomes, possessed all the ap-
pliances for carrying out their designs. He was not aware of
the precise feelings ef the Government, but he thought
it was necessary to look to the results of such pre-
ference ; and he must say, that in the consideration of the
Select Committees the object of the national benefit should
be particularly observed—(Cheers)--particularly when the
object of such companies was kept in view.
Lord CAMPBELL was satisfied that the interval of the re-
cess had been advantageous in the consideration of the several
plans which had been submitted to Government, and for the
regulation of private enterprise. He was satisfied also that
this direction of private enterprise would be advantageous in
the improvement of the railway system. A great evil had been
complained of, but he thought if they ss ere only
to look -to the Continent, the Government would
have a very effectual cure, salutary as weil as effectual.
But his, reason for thus presenting himself to their Lordships
upon this subject was, to ask the Noble Lord opposite whether
it was proposed to insert any clause for the purpose of indem-
nifying those who should have become liable to the creditors of
a railway company ? At present a person might take an action
against a member of the committee, and he had no means of
indemnifying himself.
Lord WH ARNCLIFFE was of opinion that it was at pre-
sent premature to be discussing the merits of the Bill not yet
before the House. He had hearcLof the proposition of the Noble
Lnrd in reference to the mode in which parties should proceed
who were desirous of winding up a company ; but in cases
wi ere it might not be possible to procure the proposed number,
would the meeting then have the power of disposing of the ques-
tion ? He thought that if the number required were larger, they
would be more likely to get at the real opinion of the sub-
stantial body of shareholders. What they had to dread was,
that attempts would be made to get up these meetings for
fallacious purrses. He had already stated that he con-
sidered three-fifths too small, and he could wish that
the number requir,el had been somewhat larger. He would
not detain their Lordships longer, but he hoped that the
suggestion
.he had made would have the consideration of the
Noble Lord,

Lord KIN NAIRD asked if the standing order would be
considered to-morrow?
Lord DALHOUSIE—No ; on Monday. It was exceed-
ingly satisfactory to him to find that their Lordships ap-
pr,sved of the course pursued by the Government on
he subject of the standing order and of the Bill.
It would be necessary, however, that the Bill and the sessional
order should go hand in hand. He would endeavour to reply
to the various remarks made by the various speakers in their
ro•i,er order ; and first he would.refer to what had fallen from
his Noble Friend beside him. His Noble Friend objected to
the amount fixed as likely to be too small, and as likely also to
open. the door to a system of jobbing and fictitious meetings,
which would be unsatisfactory, inasmuch as it would not really
represent the sentiments of the shareholders in the companies:
That objection had been carefully considered, and although tha
amount fixed upon appeared to look small, yet the Neble Lord
would recollect that it was the minimum. But he would find,
on looking at it in another point of view, that it would be
amply sufficient. Supposirg, for instance, in such companies
as the London and Birmingham and Great Western,
which bad each a capital of five or six millions
that a meeting were called ander the operation of this order
it would require a very considerable degree of exertion to ob
lain that amount. Other companies, it was true, had advan.
tages which these great companies had not ; but it would be
found that even in their case, the sum in the Government pro-
position would be found to act very stringently. His Noble
Friend who sat further down had offered a different
objection. He felt that to ask the sanction of the three-fifths
of the subscribers was to ask too much for the purpose of pi e-•
venting the progress of the Bill. But when their Lordships:
looked to the circumstances of the times—when they looked to
the consequences which would result from any considerable ad-
dition to the railway. projects which had already passed the.
House of Parliament—when they recollected that a vast num
ber of these Bills were forced through Parliament contray to the
wishes of the proprietors, he thought they would find
that the objections urged by his Noble. Friends were untenable.
Wherever there was a doubt, Parliament should throw the
doubt on the side of the negative. With respect to the ques-
tion of the Noble Earl, the order was only sessional—of a pe- ,
culiar character it was true, but it was intended to apply to
an extraordinary crisis—it was to expire with the session.
It might b.e in the recollection of their. Lordships that her Ma-
jesty s Government, at the commencement of the session, ex-
pressed an earnest desire that every possible indulgence should
be shown to those Bills which had for their object the construc-
tion of railways in Ireland. But he did not think his Noble Friend
would wish that Irish Bills should be excepted from the
operation of the order. He was anxious to say that there
should be no obstacle thrown in the way of those Bills. They
should receive their third reading in that House, and they
should not come under the operation of the order
until they went- into the other House, and he
was accordingly prepared on the 27th, to move the
third reading of all those Bills which had arrived at
the proper maturity. With respect to the other Bills, he
wished to mention that they would receive no additional delay.
Lord CAMPBELL wished that something would be said
in reference to the indemnities to be granted to shareholders.
The Earl of DALHOUSIE said that whatever liabilities
were now imposed on the parties, would remain. The lia-
bilities would remain exactly as they were at present.
Lord CAMPBELL—The liabilities will remain, but the in!
demnity will be gone.
The Earl of DALHOUSIE said that creditors would have
the same security as existed at present.
The Bill was then read a first time.
ull.slhosnday-. Ageßditiol.was
The Earl of DALHOUSIE then moved that the sessional •
ordle,hreb4eeetaoknednrienatdoincgonsoifdetrhaetiovon onro
(Scotland)
postponed until Monday.
The House then adjourned.

HOUSE OF comAlioNs April 23.
The SPEAKER took the Chair at. Four o'clock.
REPORTS.

. ,
The following reports were brought up, the amend-
meets and alterations agreed to, and the Bills ordered
to be engrossed, viz.:—
West of Scotland Junction Railway.
Exeter, Topsham, and Exmouth Railway.
Easters Union and Harwich Railways and Pier.
Saint Austell Small Debts.
Western-super-Mare Pier.
Numerous petitions were presented, some in favour
of, and others against, different railway Bills.
• Mr. LABOUCHERE moved that the report on the
Rugby and Huntingdon Railway Bill be presented this
day, notwithstanding the resolution of the House of the
7th of April.—The motion was agreed to.
METROPOLITAN SEWERS.
.Sir R. INGLIS presented a petition from the Dean
and Chapter of Westminster respecing a Bill which was
now pending before the House for the better regulation
of the Metropolitan Sewers. The petition complained
that the deposits of the common sewers were very
noxious. and productive of great dioe.ase in the metro-
Polis.

Mr. WILLIAMS presented a petition from the in-
habitants of Coventry, expressing their satisfaction that
a Bill had been introduced into the House for the entire
removal of the penalties and disabilities to which per-
sons professing the Roman Catholic religion were liable.
Sir G. STRICKLAND presented three petitions in
favour of the Ten Hours' Bill.
EDUCATION IN IRELAND.
Mr. MILES presented a petition from the Church of
England Association in the town of Shepton Mallet, in
favour of Church Education in Ireland.
BISHOPRIC OF MANCHESTER.

The HON. MEMBER presented a petition in favour of
the establishing a bishopric: in Manchester, without en-
croaching on the resources of the Welsh dioceses.
THE LAW OF SETTLEMENT.
The Hort. MEMBER also presented a petition from the
guardians of the poor in Wellington,
Complaining of the
Law of Settlement brot>ht lorward by the Government.
FREE-TRADE MEASURES.
The ~. ''"' MPIPER further presented a petition from
the county of Somerset, against the commercial mea-
sures of the Government.
ItA ILWAY BUSINESS OF THE 'SESSION.
t:ie I.('oP"rdi
Is more
notice, two days since, that I should feel it my duty to
ordinary
rose and spoke as follows:—Sir, I gave
call the attention of the House to the state of the rail-
"ay
and
411 y business now pending before Parliament. No one
impressed than I am with the conviction, in
Current of affairs, of adhering to the great principle of permitting, in a com-
mercial country, the free application of individual
large
of capital for purposes of commercial enterprise under
capital, and although, in the application
the existing law, it has been the practice of Parliament
to f.,vour inchoate companies who applied to Parliament
powers For ate for'mation
even in respect to commercial enterprise, that were
powers, still the general principle is so valuable,
the circumstances of ay. ordinary character I should
not seek or deem it nec(%stry to interfere. The better
role is in the applicatiou of capital in individual enter.
l'ns'''
and
th'' ll,'lgc of Pallifu-nent ha 3 been to grant
strong opo(,eition from lac downers was givon, and where
s.uocvinpetiag lines urged -reasons sufficiently strong why
-.L,_ • 13.Erger.s ahould not' be given. Even in resp:et to
,of railway companies where no
"1 ise should not deuise. it, under ordinary circurn-
. paralyse
stances, a.t advisable rule for Parliament --to in •
terf,re. But at the . salne tithe, at the risk of
:if.teat public inconvenience I deem it advisable that
• riiament should de err. from those principles in the
present state of the coup try, in order that its capital
!1-'537 not be sleedles li• applied to railway specula-
wouldtions which co:rrer noB - t üblic benefit, and which
In doing so it 1.9 before asking
be necessary,
" CO '!:'nreera commercial engagements.