The Sun.
London, England, 1850-09-10 00:00:00

OFFICIAL_ SALARIES COMMITTEE.

BOARD OF TRADE, &c.
The following is the substance of the latter portion
of the evidence in this department :
The Right Hon. Sir Edward Ryan examined.
Chairman—You are one of the Commissioners of
Rail ways ?—Yes.
Mr. Ellice—Are they all eligible to seats in Par-
liiment ? No, I am not. The President and the
other Commissioner are, by the terms of the Act.
Do you consider Mr. Lebouchere the President of
the eJuimirision ?—Y(s. Lord Granville represents
the 13 eird in the House of Lords.
Mr. Ricardo—Was not the original Railway De-
partment appointed by a Treasury minute of the 6th
of August, 1844, and was not the Railway Commis-
sion of 1848.9 quite different ?—Entirely ; it is ap-
pointed under the Act of Parliament which passed in
1846.
Will you describe generally the branches of duty
that you have to perform ?—One branch of duty
under the 5 and 6 Vict. is as to the opening of rail-
ways; no railway is to be opened without notice to
the Commissioners of Railways, and they are to ap-
point officers to inspect, and they are empowered,
upon the reports of the officers, to postpone the open-
ing, and to do so from time to time, till they think
the railway can be opened with safety to the public.
Then under the 3 and 4 Vict., c. 97, and 7 and 8
Vict., c. 85, they may appoint inspectors of railways,
and the persons so appointed may examine railway
stations, works, buildings, and carriages, for the pur-
p Ise of enabling the Commissioners to carry the pro-
visions of any general or special Act into execution.
Under that, of course, there are various duties which
the Commissioners have to discharge; for instance,
upon inspecting on one occasion the engines of the
Brighton Railway Company, we found that they
were deficient, and steps were taken to remedy
that. Another branch of duty is as to the con-
struction of roads and bridges; this is under the
Railways Clauses Consolidation Act. The Commis-
sioners, after hearing the parties interested, may in
certain cases modify and alter the construction of roads,
bridges, and other works, and decide upon the ar-
rangements and mode of construction which may be
desirable, and authorise the same by a certificate in
writing. ahat, of course, involves inspection; no-
tices are to be given to the parties who are heard
before the Commissioners on each side, the parties
proposing and the parties objecting to those altera-
tions; and there is a formal decision upon the case,
which is drawn up with a plan annexed, and which
has, in fact, the force of an Act of Parliament.
Another duty is as to deviations from gradients,
curves, &c. The Commissioners of Railways may,
after examination and inquiry, empower railway com-
panies in the construction of their works to alter the
works described in the Parliamentary plans and sec-
Eons, by increasing the inclination of gradients,
diminishing the radius of curves, substituting tunnels
for cuttings, and viaducts for solid embankments;
applications of that kind are very numerous. The
same course is pursued there ; notice is given, the
parties are heard, and an adjudication is made. Then
as to the junction of branch railways; in case of dis-
putes between an owner or occupier or other person
and the railway company, as to the proper places for
any openings in the ledges or flanches of any railway,
the Commissioners are to hear and determine in the
same manner. They have also the power of interfering
and regulating branch communications with railways,
to insure the public safety. They have also the
power of authorising railway companies, in cases of
accidents or slips, to enter upon adjoining lands; and
when they think it necessary for the public safety
that additional land should be taken, they may re-
vive the compulsory powers of purchasing and
taking lands contained in the Act of the company.
That, of course, requires consideration and inquiry.
The parties are heard, if necessary, upon the subject.
The Commissioners have also power to make regula-
tions as to gates and the crossing of turnpike-roads,
and as to speed, with a view to the public safety.
They have also the power to sanction, after hearing
the parties interested, the substitution of bridges for
level crossings. That is dealt with in the same man-
ner. They have also to regulate cheap trains, which,
under the Act of Parliament, are to be provided by
the company, and are to be approved of by the Corn- '
missioners, as to the hours of starting, the rate
of speed, the stations at which they stop, and
the provision of seats and protection from the
weather, as to which we have a Aiscretionary
power. We may dispense with those conditions,
if we think fit, in consideration of other arrangements
being made more convenient to the public. We are
not allowed to alter the rate of charge; the charge
must not exceed a penny a mile, but as to all the
other circumstances•attending those cheap trains, we
have a discretion, and they require much considera-
tion and inquiry. We have also to decide disputes
between connecting railway companies, where com-
panies have a common terminus or a portion of a line
in common. Further, we decide questions in dispute
relating to arrangements for conducting joint traffic.
We also appoint umpires to determine certain matters
referred to arbitration, under the provisions of the
Companies Clauses Consolidation Act, and the Land
Clauses Act, and the Railway Clauses Act. And
further, we have the bye-laws of all the companies to
regulate.
No bye-laws of railway companies are good with-
out they are approved by you ?—No ; we have to
approve not only of bye-laws relating to the use of
railways, but also regulating the use of canals, docks,
and harbours, and other works of a public nature be-
longing to railways. Then we have another duty,
which is an important one, and a difficult one in its exe-
cution at times, and certainly not a very popular one,
which is the enforcement of the provisions of Railway
Acts. These are either general or special. There is
the enforcement of the provisions of general Railway
Aets, such as obliging the railway companies to
carry the mails, under certain circumstances, or the
police, or enforcing certain regulations as to cheap
trains; and there are also in the special Acts various
provisions which we are called upon at times to
enforce.

Mr. Ellice—Have you power, with respect to the
mails, to enforce any particular rzte of charge to the
public ?—Yes, according to 'the provisions of the
existing Acts ; the case to which I particularly allude
is with respect to sending a guard with mail-bags as a
passenger, and the company refused to allow the guard
to take up and leave bags on the way ; where the
company refuse, and the law says they are bound to
do that, we have the power to enforce it.
Have you the power of making a law with respect
to the stoppage of the trains at different places for the
accommodation of the Post-office ?—Certainly not ;
only to enforce the conditions of the Acts of Parlia-
ment as to the conveyance of the mails.
If any dispute arises between the Post-office and a
railway company, have you the power of settling the
dispute arbitrarily ?—No.
It must be settled by reference to a court of law ?
—lf it is a dispute about the rate of carriage, there
is a power provided in the Act, namely, by arbitra-
tion; but if they do not comply with the provisions
of the Act of Parliament, we cannot decide the mat-
ter; we can only institute legal proceedings to en-
force the Act of Parliament. -

ocee
Supposing a private individual has a complaint as
y themßoard
to think
warrant
theri right, h
pt
r, upon a caseding, to
against any ( f those railway companies, and should
appeal upon that complaint to the Railway Board,
wwohuiclhd
atphepeaßrea
dil wtoa
desire the Attorney-General or the Lord Advocate
of Scotland to proceed against the company at the
public expense ?—No ; certainly not ; unless there
were some public advantage in so doing ; they y would
not listen to a particular individual complaint, unless
there were some public advantage in doing so.
Then why should a special distinction be made in
the case of a contract between the public and the
railway company ?—The distinction is made by the
Act of Parliament.
Chairmsn—What is the nature of the reference
that the Post-office make to the Railway Commis-
sioners ?—ln soing instances they apply to us, saying
that they have difficulties in carrying their mails by
guards, and that they want to know whether the
company are obliged to carry the mails under those
circumstances, and if they are obliged, what course
should be taken to compel them to do so.
Under what Act of Parliament is that ?--Under
the 9;11 section of the 9th and 10 h of Victoria, chap.
105 ; that is the Act which appoints the Commis-
sioners, the Act of 1846: " And whereas, in some
cases, railway companies have exceeded the powers
given to them under the Acts constituting them, or
have otherwise acted contrary to the provisions of the
said Acts, or of the General Acts for regulating
Riilways • be it enacted, that it shall be the duty of
the said dommissioners to prevent any such unlawful
proceedings by the exercise of any powers now vested
in the Lords of the said Committee." The powers to
which this Act refers are those contained In what is
termed Mr. Gladstone's Act, 7 and 8 Vic , c. 85, s. 16,
17, and 18. .

What is the par,icular case in which you have un-
dertaken for the Post-office to direct the Attorney..
GrHi eral to proceed against a railwAy company ?--it
ißsatihieway ; the
question ii:7
case oftheEdlni,yvhe
r,gh,Ptheerrth, and Dundee
Under the 11th
cseacotiroonfuosfe tthoe
a7ltlhowandtheBthmaiVli-useg.,er.4Bs, the company
to take up and