The Sun.
London, England, 1846-09-01 00:00:00

iriornin 5Am4

LONDON, TUESDAY, SEPTEMBER 1, 1846.

The Select Committee appointed, on the motion of
Mr. MORRISON, to inquire whether, without dis-
couraging legitimate enterprise, conditions may not
be embodied in Railway Acts better fitted than '
those hitherto inserted in them, to promote and se-
cure the interests of the public, have just published
their second report. It is to be regretted, that the
difficulties interposed in the way of procuring data,
on which to found their conclusions, the delays expe-
rienced in obtaining returns on subjects connected
with the inquiry, have prevented the Committee from
presenting their report at an earlier period. Much,
however, that is valuable can even yet
be obtained from the document. One of the
principal recommendations there put forward
has been already partially acted on, by the appoint-
ment of the new Railway Board, the Bill constituting
which received the royal assent on Friday,' just
before the prorogation of Parliament, and although
the powers thereby conferred are not, as we conceive,
si ifflcient for the attainment of the objects contem-
paLlted, we are assured on the highest authority that
th,a Bill was only the framework of future legislation
with respect to railways. we may, therefore, confi-
dently anticipate that the leisure afforded by the recess
will be turned to good account, and that the persons
selected for those important duties may, on the next
meeting of Parliament, be fully prepared with mea-
sures to secure the great desideratum—an efficient
system of control and supervision applicable to all
railways at present existing or to be constituted
hereafter.
The report points out one of the chief defects in
the existing mode of procedure before the Legis-
,lature, in adjudicating on important public in-
tcrests, although coming before it in the
Alpe of private Bills, viz., that it supplies no
adequate means for obtaining a knowledge of the real
merits of measures to other parties than those who
, support or oppose them. Too often the opposition is
• bought off, and a measure is passed sub silentio,
although it may be very injurious to the
p u
blic generally, or certainly not be the line
be st calculated to afford the requisite accommodation
to the nation. -.Many may see the mischief likely to

take place, but they will not willingly incur the
heavy expense and annoyance to which they would
be subjected, if they entered opposition against such a
Bill. Committees hitherto have rather selected the
best of the projects brought before them, than in-
quired whether there might not be some other plan
far better than any of those submitted to their investi-
gation. This error will be remedied for the future by
the strict examination to which every new project
will be exposed by the new Commissioners before it is
brought before Parliament. It will be a part of the
duty of the board to exercise the functions of an
avocat da liable, and to seize on and expose any blot
or imperfection that may exist in the scheme. As to
the lines that have already been constructed, or those
which have received the sanction of the Legislature,
the mischief is irremediable, and we can only look
forward to the adoption of such means as will make
the management so efficient, the working of the rail-
ways in every respect, both as regards the fares to be
demanded, and the accommodation to be afforded to
the public, so beneficial, that the inconveniences will
be reduced to the lowest possible amount.
It may be said that this may be productive of an
undue interference with private property, and that it
would be inequitable and unjust now to impose re-
strictions which were not thought of when the under-
takings were originally proposed, or when they re-
ceived the sanction of Parliament. This argument,
however, cannot prevail, as the right of the State to
deal with the property of its subjects for the public
benefit has ever been fully recognised and acted upon,
giving the parties fair compensation ; and it would be
peculiarly inapplicable in the case of railway com-
panies, every one of which have taken by
compulsion the property of individuals on the
plea of the public interest ; besides, powers have
been reserved in all Bills, whether for the construction
of new lines or the extension of old, which have been
passed within the last two sessions, for the revision
and regulation of the scales and charges whenever it
it should be deemed necessary, and there are few in-
deed of the railways throughout the country which
have not voluntarily submitted themselves to that
control and superintendence. The report urges in the
strongest manner the right to subject the railways to
this control, and its urgent necessity ; it points
out that the roads of a country, from the very nature
of things, are public concerns, and that they must be
kept free from obstructions rthat in this country, from
the remotest periods, the right of the SOVEREIGN, as
representing the nation, has always been allowed—
hence the term " King's highway ;" and though power
was from time to time given to associations locally
interested to make and repair roads, and to levy tolls
thereon, that was but a delegated authority,
and never amounted to a permanent transfer ;
the public having always possessed the right
of controlling the trustees and withdrawing
from them the management of the highways
included in their trust, a right which has been re-
peatedly exercised in our own times. It then urges
the paramount importance of railways, and lays down
the doctrine "that if it be necessary for the public
welfare that a country should never divest itself
in perpetuity of its right of property in
ordinary highways, it is still more important
that it should not part with the right to control its
railways." It fully and clearly points out that a
railway company must exercise a complete monopoly,
that the public cannot count on being relieved by
competition from the abuse of power on their part.
The deduction from this is pretty obvious—that a
monopoly subject to no responsibility, and under no
efficient check or control, is necessarily an intolerable
abuse, that can only he rendered innoxious by sub-
jecting it to a rigorous control and supervision.
A most interesting historical sketch is given of the
rise and progress of the railway system in the differ-
ent countries of Europe ; the errors, the mistakes
that were committed in its infancy, and the means
adopted for their correction, are fully and clearly set
forth. Belgium receives the applause of the Com-
missioners as being the only country in which
the Government adopted a systematic plan from
the commencement, to which it afterwards
strictly adhered—a plan that embraced the
whole kingdom, and had exclusively for its
object to communicate, at the cheapest possible
rate, the benefit of railways equally to every part of
its population. The lines in Belgium were originally
all undertaken by the Government, and begun and
completed by the means of loans; by which means.
the fares have been fixed at an exceedingly low rate of
late years. Several lines of railways have been con-
ceded to private companies, for terms of years, on
terms beneficial to the public. In France, some lines
were at first undertaken by private companies and
others by the Government itself, till at length, in
1842, a plan was formed by which those means of
communication should be created, and connected with
each other according to a fixed system, of which the first
general rule was, that the great lines should run
from Paris to the frontiers, both by land and sea ;
the next to select the directest and shortest lines, and
the plan of leasing the lines to private companies was
recommended. This plan has ever been acted on
since, and the lines are conceded for terms of years,
varying from ninety-nine to twenty-five.
In Austria, Prussia, and the other German States,
the construction of the lines have generally been con-
, ceded to private companies, either for terms of years,
or until the capitals have been recouped by
' means of sinking funds, with rights of purchase, re-
vision of the fares, &c., &c., but in every instance the
lines revert to the Government at some period. In
this country alone the possession of lines in perpetuity
was allowed.

This neglect on the part of our successive Govern-
ments is lamented by the Commissioners. We can-
not, however, believe that the mischief is so great as
it is represented to be ; the right of control is ad-
mitted on all sides, and that being the case we cannot
regret that our Government acted on the wise prin-
ciple of non-interference with legitimate speculation.
England is essentially a commercial nation, and the
greatest possible degree of freedom should be conceded
to every enterprise : it is to that, we owe our
greatness as a nation, and we shall not be injured,
because the wealth and capital that has been
created by the construction of railways has found its
way into the coffers of individuals in place of the
exchequer of the nation. The report goes to a con-
siderable length, and it is impossible to devote a
greater space thereto this day. We shall, however,
return to the subject on an early occasion.

[We are aware that Mr. MORRISON has addressed a
letter to the Times, which we publish in another
column, stating that he prepared the draught of the
report, which was simply laid before the Committee,
but as it is published as a Parliamentary paper, we
have treated it as what it professes to be, viz., as the
report of the Committee.]

So frequently have we had occasion to insist upon
the necessity of measures being adopted for the pro-
motion of cleanliness among our labouring classes,
that we rejoice the late session was not brought to a
conclusion before Parliament had taken the matter
into consideration, and had afforded the new system
the approbation and patronage of Government. Im-
mediately before the prorogation of the two Houses,
namely, on Wednesday last, the royal assent was
given to the Bill for encouraging the establishment of
Public Baths and Washhouses. Nothing could have
formed a better preliminary to the social reforms an-
ticipated from, and in many instances guaranteed to
the people by, the RUSSELL Administration. What
the present Ministry have principally undertaken
to accomplish, and what the population princi-
pally expect them to perform, is a reorga-
nization of the internal and domestic arrange-
ments of the empire. They are to introduce
proper and wholesome ventilation into the densest
quarters of our towns and cities through the inter-
position of certain building enactments : they are to
prevent the poisoning of our river-waters, and the
exhalation of pestilential vapours by a novel alteration
in the sewerage : they are to increase the comfort of
the inhabitants of cities, and to render the cities
themselves more salubrious by supplying them with
additional quanties of fresh water : they are to
modify some of the pernicious and pestiferous incon-
veniences of our present system of interment; and,
by other minor and collateral proceedings, they are
to endeavour to in-Trove the sanatory and moral con-
dition of the poorer classes of the United Kingdom.
Remembering that these things form a considerable
portion of the Ministerial programme, we look upon
the acceptance of the Bill already particularised as

a propitious circumstance in the inauguration of that '
Ministry.
The Act for the Encouragement of Municipal and
other Authorities in the Erection of Public Baths
and Washhouses, is nothing more than a Legislative
sanction of whomsoever may be induced to undertake
the construction of such edifices and the formation of
such establishments. Substantially it is merely the
Government patronage of an extensive scheme. Go-
vernment has not empowered its officers to interfere
in any undue or unnecessary manner in the prosecu-
tion of this project. The Act enables the councils of
all municipal boroughs in the three kingdoms, all
parochial vestries in England, and all town commis-
sioners in Ireland, to form local baths and
washhouses for the convenience of the popu-
lation in the vicinity, and to discharge
all expenses thereby incurred out of the local rates.
It facilitates the purchase of land for the proposed
undertakings, and sanctions loans fro:n the Public
Works' Loan Commissioners—those loans being re-
paid by instalments of twenty years. The permis-
sion of the Secretary for the Home Department is
requisite for the adoption of the Act; and loans can
only be obtained under the express approval of the
Lords Commissioners of the Treasury. Nothing, we
conceive, could well be more salutary than this
limited patronage of the Executive ; individual, or,
we should rather say, local, enterprise would have
been nullified had the Government taken the entire
system into its own hands ; while, under the present
arrangement, a kind of stability is afforded to the local
enterprises of this nature by the direct sanction
afforded them by Government.
Now that extraordinary facilities_ are afforded to
our parochial and municipal authorities, we cordially
hope that public baths and washhouses will be
springing up in all directions—in the metropolis, in
the manufacturing towns, and in the rural districts.
by affording to the humbler members of the com-
munity opportuities for insuring their personal and
domestic cleanliness, let it be remembered that the
poor will be healthier in body, more prone to morality
and moderation, and more elevated and purified as
thinking beings. Nor will the erection of such esta-
blishments be any cause of pecuniary annoyance to
the districts in which they may be undertaken ; on
the contrary, experience has shown that such struc-
tures form a safe and even lucrative investment
for capital. When such baths and washhouses
are scattered throughout the country, our industrial
classes will be better able to bring muscle and alacrity
to their employment; they will less frequently be a
burden upon our parishes as ailing paupers ; they will
be more domesticated, and on that account more
civilised; they will find the companionship of the
schoolmaster more agreeable than that of the publican.

A letter from Leghorn, of the 22d, states that the
earthquakes in that city have at length ceased. The
number of persons killed is reported at 70, and 180
have been wounded. A great number of houses have
been destroyed, and 4,000 persons have in conse-
quence been deprived of shelter.
_ _

A letter from Rome of the 15th instant contains
the following :
" A subscription having recently been opened at Rome
for the benefit of such of the amnestied prisoners as were
without the means of subsi*tence, and for which con-
siderable sums had been collected, the Pope sent for M.
Marini, the Governor of the city, and anxiously inquired
from him as to the object of it. M. Marini replied that
he attributed a dangerous political motive to the sub-
scribers, but that he would not venture to give his ad-
vice on the subject. The Pope, after some moments'
reflection, desired the list to be handed to him, and in-
scribed the name of his own family for 100 scudi, and
that of M. Marini for 10 scudi, and ordered the list to
be sentto all the principal houses in Rome. It is by
such traits of delicacy that his Holiness wins every
heart."

The POPE and Cardinal Gun have nearly com-
pleted their programme of contemplated reforms. It
is said that the Austrian Ambassador, to whom its
contents have been communicated, has in vain remon-
strated against its publication. It is rumoured in
Rome that the following appointments will shortly
take place :--Prince BORGHESE, Treasurer ; Prince
ALTIERI, Minister of War ; and Prince PIOMBLWO,
Minister of Police and Governor of Rome.

At Bologna the rejoicings in celebration of the
amnesty had been renewed for two days. During
the night of the first day the partisans of the ancient
regime daubed the placards, containing the decree of
amnesty with mud, and effaced the POPE'S
portrait from some of them. In the morning
it was with the greatest difficulty that the
people were r. _ summary vengeance on
the perpetrators of this outrage. New placards were
posted, and the people paraded the streets crying,
" Viva Pius 1X.," " Viva the Italian Confederation,"
" Death to the tyrant." They posted a regular
watch at night to defend the placards. A member of
the late Military Commission, named ZAMA, was
stabbed during the emeute. At Padua some young
men uttered cries of " Viva Pius IX., King of
Italy," which nearly occasioned a collision with the
Austrian troops.

We extract the following from the Universal Ger.
man Gazette of the 24th instant:—

" The King of Prussia has just been handed a letter
from Ali, Raja of Riouw, an island in the China Seas,
lying north of Sumatra, under the following circum-
stances :—M. Roettger, a Protestant Missionary, whose
functions called him to Riouw in 1834, on his return
to Prussia spoke with great praise and gratitude of the
cordial reception given by the Raja to his colleagues
and himself, and the humane treatment they had re-
ceived during an eight years' residence in the country.
In acknowledgment fur this hospitable reception the
King, upon the recommendation of M. Roettger, sent
some splendid presents to the Raja, consisting of
chandeliers, girandoles, musical clocks, a rich vase, and
gold and silver tissues, accompanied with an autograph
letter from his Majesty. These presents were carried
over by M. Roettger, who took his departure in 1844,
and presented by him in due course, with the King's
letter, to the Raja. The latter, in return, has sent a
letter of thanks, accompanied by a dagger in a golden
scabbard, and some javelins with golden ornaments."
Count CASTIGLIONE, the General Commandant of
Cracow, has published a proclamation, refuting the
exaggerated reports of expected disturbances which
have recently been rife in Germany. These reports
had their origin in the fact that certain emissaries of
the disaffected had been arrested in Austrian Gallicia.

The Nuremberg Correspondent of the 24th says :
" The Duke of Holstein, Danish Minister at Frank-
fort, has communicated to the Diet of that city the re-
sult of the examination made by the Commission relative
to the succession to the Duchies of Schleswick, Holstein,
and Lauenbourg. The document so presented contains
the legal development of the opinion put forth in the
King's letter—that the lex regia applies to ;he whole of
the duchy of Schleswick. The pretensions of the two
collateral lines—that is to say, of the lines of Sonder-
bourg and of the younger line of Gottorst are repre-
sented as unfounded. As to Holstein the document
states that no protest has been made by the last Duke."

Madrid papers of the 23d and 24th August have
arrived.

It would appear from the following passage in the
Heraldo, the official organ of the Court, that the
marriage of the QUEEN of SPAIN with Don FRAN-
CISCO D'Assis was considered as settled, and that
there is every probability of a matrimonial alliance
taking place between the Infante Donna Louisa and
Don ENRIQUE:-

" We have long declared that we considered it highly
desirable to effect the marriage of the Queer as soon as
possible, and no spirit of party shall ever cause us to
raise any obstacle to so happy an event. We have no
objection to make to the proposed arrangement ; we
have demanded for Isabella 11. a prince of libaral ideas,
and a Spaniard—Don Francis d'Assis is both. As to
the union of the Infanta Louisa Charlotte we see
nothing against it, and we only wait for the decision of
our Sovereign to conform to it with respect."

The Heraldo of the 24th announces the arrest at
Saragossa of a former Aide-de-Camp of General Es-
PARTERO. He was residing there as the agent of a

gas company.

The Militar Espanol denies that General FLORES
has received any assistance or protection from the
Government in getting up his expedition against the
Republic of the Ecuador, or that the Government ha
removed any obstacles in the way of his recruiting

Colonel ilthaus DE BRoscu and his fellow-pri-
soners, accused of conspiracy against the State, have
been unanimously acquitted. The Conde di Thomar
(COSTA CAnRAL) has left Madrid for Cadiz. Senor
GONZALES BRAVO was to leave Lisbon on the 20th.
The Gazette announces that 1,725 inscriptions of
Five per Cent. Stock, to the amount of 700,000,000
reals, proceeding from the creation of the 700,000,000
reals authorised by the law of June 16, 1840, and 586
inscriptions of Three per Cent. Stock, representing a
sum of 20,000,000 reals, received in payment of
national property, would be burned in thirty days
from the present date.
McDuw BOLSA, AUG. 24.—The Three per Cents.