The Sun.
London, England, 1846-12-07 00:00:00

HIGHWAYS AND RAILWAYS.

In the very interesting report on " Railway Acts
Enactments," some useful information is given respect-
ing Highways and Railways, which has a direct bearing
at the present time. The report states, " the roads of a
country, from the very nature of things, are public con-
cerns ; they are as necessary to a people as the air they
breathe. The very nature of society implies that men
should have access to each other for the supply of their
respective wants, whether they live in towns or are scat-
tered over the face of a country ; and the common sense
of mankind tells them that the roads and streets should
be free from obstruction. In this country, from the re-
motest times, the title of the Sovereign as representing
the nation, to the control of its roads has always been
allowed. The designation of King's Highways,' by
which the public roads were known, sufficiently indicates
the right which the Crown possessed aid exercised over
them. The practice of intrusting to associations locally in-
terested, the making and repairing of roads, with the
power of levying tolls to repay the outlay required for
that purpose, which first became general towards the
middle of the last century, amounted merely to a delega-
tion for a time by the Legislature, on certain conditions,
of a portion of the powers of Government to meet a
public exigency, but never to a permanent transfer of
them. The public has always possessed the right to
control the trustees, and to withdraw from them the
mans.,.:ement of the highways included in their trusts,
and there are repeated instances in our own time, of the
exercise of this right." Further on in the Report, the
Committee declare, " But of all the means of communi-
cation between different parts of a country, that by rail-
ways is by far the most important. If it be necessary
for the public welfare that a country should never divest
itself in perpetuity of its right of property in its ordinary
highways, it is still more important that it should not part
with the right to control its railways; on an ordinary road
there could have been no monopoly of the means of con-
veyance; a man might travelby it at all hours, and in any
manner he pleased; but on a railway he can only
travel at such time, and under such arrangements, as
those who are intrusted with its direction may choose
to adopt. If one coach on a road charged too much,
travelled at too slow or too quick a rate, or failed in one
respect to give satisfaction, another might have been
started ; but on railways there is no option ; the pas-
senger must either submit to the regulations fixed by
its directors, or abstain from using it! It has now been
ascertained that the hope of relief from the objection-
able course pursued on one railroad, by having recourse
to a competing line, must in a great measure be aban-
doned. It is confidently stated by nearly all the wit-
nesses examined by your Committee that the public can-
not count on being relieved by competition from the con-
sequences of an abusive exercise of the power on the
part of railway companies. From the very nature of
things, therefore, a railway company exercises a com-
plete monopoly ; but a monopoly subject:to no responsi-
bility, and under no efficient check or control, is neces-
sarily an intolerable abuse, and it can only be rendered
innoxious by subjecting it to a rigorous control and
supervision."

CHERTSEY.—EXTRAOUDINARY John
Smith, farmer of New Haw, in the parish of Chertsey,
was brought up on Wednesday week last, before J. I.
Briscoe, Esq., chairman ; the Hon. G. J. Cavendish,
Captain Prescott, and R. W. Edgell, Esq., charged
with having on the 29th ult., followed and taken game
with a dog and gun, he not having a game certificate,
and for a like offence on the 31st. Mr. Binns, of Essex-
street, Strand, attended on his behalf, and the case
created a vety great interest, the room being crowded.
Henry Baker deposed that he was assistant gamekeeper
to Messrs. Summer and Sparkes, and that on the day
named he saw the defendant in his turnip field, near
New Haw ; he had a dog and gun with him, and was
heating down the field. He saw the dog point, and
almost immediately afterwards heard a gun fired, and
heard the defendant say " Dead !" He saw a partridge.
He also saw Mr. Smith load his gun, and pick something
up, which he put into his pocket ; he could not see what
it was. Defendant then went away. Could not say the
exact distance he was from Mr. Smith ; it might have
been forty, fifty, sixty, or one hundred yards. Ridger
was then called—Knew Mr. Smith ; recollected the 29th
October. On Saturday he was at work on part
of the plantation, when Baker came to him
about half-past four, and asked him if he had
heard a gun go off at that time ? He replied in the
negative. Baker then said, "Do you see them men
yonder?" He replied " yes, and that they appeared to be
at work." He asked him if he could see if one was
Smith? He said he could not. Baker then said he saw
Smith shoot on Thursday, and asked him if be could
swear one of the men (pointing to the direction of Mr.
Smith's house) was the defendant? He said he could not.
He asked him why he could not swear it was him on
Thursday? and the reply was that he was too far off to
speak positively. He then said if he would go and swear
he was eighty yards off, the magistrates would not know
any difference. It was quite a mist all the 29th, and he
was at work near the plantation, but did not hear any
shooting the whole of the day. He was unable to see more
than eighty yards. Mr. Binns having again addressed the
Court, the Bench, after a short consultation dismissad the
case. Thesecond ease was then proceeded with. Baker was
again sworn, and stated most positively that on the day
in question, he saw the defendant in the plantation at
the rear of his dog ; that he fired at a hare, being at that
time not more than twelve yards from him ; and that
both dog and hare passed within five yards of him. The
dog was a light-coloured pointer ; the defendant and
himself saw each other, but they did not speak.—James
Moss swore positively that his master, the defendant, was
not absent from his sight three minutes during the whole
of the day.—Ridger was again called, and swore that he
was working near the spot, and that he heard no firing
on the 31st. The case was dismissed, the magistrates
being equally divided in their opinion.—Bucks Gazette.
Not one railway plan has been deposited this year
with the clerk of the peace for Newark, and only eight
for the county. Last year there were between thirty
'aucl forty.