The Sun.
London, England, 1845-04-23 00:00:00

ties, at least, to this delusion, when about December or Jan-
uary next they should be reaping the bitter fruits of their
present conduct. In his opinion they were much to blame for
having allowed their neighbours the French to get so much
ahead of them as to the sound method of dealing with
this quest:on. Ia that country the Legislature took the
matter into their own handi--not as a matter of course, not
without opposition, the speculators were against it, but the
Government in the most statesmanlike manner took the matter

into its own hands. Few railways were allowed to be con-
structed at first, and those were constructed on well-founded
principles. Another thing they had done for the benefit of
the public. The railways were not allowed to be vested in the
companies beyond a term of years—five and forty, five and
fifty, or five and thirty years. After the lapse of that time
they reverted to the public, who might renew the lease upon
advantageous terms, such as lowering of fares. Now here all
control over the companies was given up. It would have been
Letter if we had adopted a similar course to that which had
been adopted in France. He deeply lamented that
some steps had not been taken to damp the mania
for railway speculation. He did not mean to say that
there should be no railways at all. It would be absurd—it
would be ridiculous to say so. Under proper regulations they
were the greatest possible public benefits. He did not mean
to say that there should be no railways, but that there should
be only a certain moderate number constructed at present, and
that the others should be postponed because this mania ought
not to be encouraged. The only other subject with which he
would trouble their Lordships was in reference to the powers of
those railways companies. Since he had addressed their Lord-
ships on this subject, he had heard of some what he should call
really heart-breaking circumstances of oppression of poor
people who were trampled upon by the agents of railway Bills,
because they had not the means of resistance. In fact the
agents to the Bills assumed to themselves all the power of these
Bills as if they had passed, so sure were they they would pass.
Since he last made some observations upon this subject in that
Home on Thursday last, he believed was some parties who
had been complaining had he understood received some satis-
faction. But he would now implore their Lordships to listen
to this. If a line was proposed to pass through any part of the
lands of a Noble Lord, he, of course, would be certain of re-
dress ; there was no fear of him ; but, to snake up for this,
the gardens of poor cottagers were cut up without the least
hesitation, because they had not the same means of defence
that the occupier of a noble house had. Such were the
common devices and contrivances of those companies, to call
their acts by no other name. Then, on the other hand, if it
was proposed to run a part of a line through a nobleman's
kitchen garden, he was satisfied if it could be avoided, to permit
the line to run over his avenue. It was like a man submitting
to have his head cut off in order to save his kg from a similar
operation. or lie was willing to sacrifice one eye to save the
other. He had received a letter from a clergyman who com-
plained that a proposed line would be sure to darken his study
and library ; but the writer added that he was but the mere
incumbent, his patron was also a patron of railroads, and there-
fore he (the incumbent) had nothing to do but sit down,
and quietly submit for the remainder of his life. Nuw, any-
thing more grievous than this he had never heard. The clause
in the Bill to which he principally objected, and which he
singled out as the one which appeared to him to systematise in-
justice in the most marked manner, was that clause in the
Railway Consolidation Bill in the 3.2 d section of the Bill. This
was the clause—" That it shall be lawful for the company, at
any time before the period limited fur the completion of the
railway, to enter whenever they pleased, without making any
previous payment, or tender, or deposit on any land, within the
prescribed limits, or if there were no prescribed limits, on any
land not being more than 2.00 yards distant from the centre of
the railway, and not being a garden, orchard, avenue, or walk ;
and that it should not come nearer to any mansion than the
prescribed distance, and if there was no prescribed distance
then net nearer than 500 yards therefrom, and the com-
pany might keep the said land as long as it might be
necessary for the completion or repairing of the
railway, or any accomodation works connected there-
with, as might be required for any of the following pur•
poses : —For the purpose of taking earth or soil by side cut-
tings ; for the purpose of depositing soil therefrom ; for the
purpose of obtaining materials therefrom for the construction
or repair of the railway, or such accommodation works as
aforesaid, or of roads to and from, or by the side of the rail-
way ; and it shall be lawful to make deposits for the manufac-
ture of brick works, and also to dig or take from any such
land clay, or stone, or sand, for the purposes of such works,
or for the purpose of erecting any workshops or buildings of a
temporary nature." Such was the clause—a clause which
ought net, he thought, to be very agreeable to their Lord-
ships. They could take two hundred yards on each side of
the railway, making in the whole four hundred yards, or a
quarter of a mile, all over the country through which
the railway run. Now, in the cage of a farm in Essex, con-
sisting of two hundred acres, it was proposed that seven rail.
ways should pass over it, and the consequence was, that nearly
the whole of the farm was absorbed. And all this arose from
their extraordinary love of rail vay legislation. True, compen-
sation was provided by the Bill for the taking of land ; but the
House must remember that only the damage actually done
was to be paid for, and nothing more. There was but another
remark, and that was the last he intended to make before he
moved his amendment of that 3:2,1 clause. If these powers
were necessary, at least the parties who concocted the measure
ought to know what way they meant to go ; they ought at
least to have made up their minds as to where their line ought
to run; for he thought that if they did desire to change their
minds and to go through another close than the one which
they had marked down on the plan—but he wouid not give
them a power of deviating to the extent of 100 yards to the
right side or the left—and if, through any unforeseen contin-
gency, • they were obliged :to deviate, then, at least, do so
with the consent of the owners. The owners were quite
enough at the mercy of the companies already. They now
came to the owners after the passing of the Bill, for before they
never thought of making any proffer at all ; but after the passing
of the Act, they came to the owners, and then gave whatever
they pleased. The object of his clause was to diminish the
power of deviation to twenty yards, and that, with the permis-
sion of the owners. He had felt it his duty to make these few
remarks, because he had reason to believe that the instance he
adduced the other evening was not without its use. He had
been told that the circumstance which he had stated of the ap-
plication of a devisee in trust to the Court of Chancery had
stopped an extensive railway. He thought, therefore, that
these powers were too extensive to be permitted without some
check. He had received the thanks of many clergy, for what
they were pleased to call the moral tendency of his exertions
in preventing this species of gambling, which led to others of a
worse description. For his part, he could say L;berari (minium.
He had deemed it his duty to take the part which he had
taken ; and he hoped he had given no offence to'any individual,
but if so, he had done his duty sincerely and conscientiously.
The Earl of DALHOUSIE had explained to the House the -
nature and objects of the Bills now on the table when he moved
the second reading, and he would not now enter into any dis-
cussion upon the principal one. But he would ask their Lord-
ships how much of the time which his Noble and Learned
Friend had occupied was devoted to the business before them.
His Noble and Learned Friend devoted three quarters of an
hour to censure the Railway Board, and a quarter of an hour
to a lecture upon the evils of railway speculation. Really, he
( Earl Dalhousie) never saw a smaller pennyworth of bread to
so huge a quantity of sack.—(A laugh.) He would only say
that, of all his Noble and Learned Friend had stated, there was
only one thing to which he (Lord Dalhousie) could give the
least assent—and that was, that there are but twenty•four
hours in the day.—( A laugh.) His Noble and Learned
Friend said that it was a fact which could not be denied, that
the Railway Board heard only one side. Now, to that asser-
tion he must give a most unqualified and unhesitating denial.
His Noble and Learned Friend said that the Board received
der utations from railway directors, and no others were ad-
smtted. To that he ( Lord Dalhousie) gave a most distinct
and positive denial. The Board sought interviews with no
one. When they were ready to go into the inquiry, they
stated as much in a public advertisement, and they received all
persons who had any public matters to submit to the Board ;
but by the constitution of the Railway Board, they were pre-
cluded :rom going into the consideration of any private matters.
At the same time, they never concealed from these
to whom they granted interviews, that it would be
on written statements only, to which the Beard could give its
deliberate consideration, that any decision could be come
to. And the decision to which the Board had come to on
every case was founded on the fullest and most impartial con-
siderations. As to the speculations to which his Noble and
Learned Friend said the Railway Board gave rise, he (Lord
Dalhousie) did not deny that there were speculations—but he
did deny that since the constitution of the Board, speculations
had been carried to a greater extent. In former years the
speculation was of greater extent, anti of a more reckless
kind. He could cite many cases, but their Lordships had
not forgotten that of the Brighton Railway in which fortunes
were made and lost in one day. The price of shares fluctuated
from day to day, and hour to hour, as the favour of the Com-
mittee seemed to fluctuate. His Noble and Learned Friend
said that the institution of the Board was calculated to promote
speculation.
Lord BROIIG HAM had not said the institution ; he said
the constitution.

Lord DALHOUSIE said—Allow him to say what he
meant. He did not attempt to state or explain what his Hun.
and Learned Friend said or meant.—( A laugh.) His Noble
and Learned Friend had fortherly alleged, and had now repeated
that partial revelations had taken place. Now, when those
allegations were made, he (Lord Dalhousie) required to be
furnished with specific allegations. In the three cases which
were before alleged—that of the South-eastern Railway, with
which it was said a person in the employment of the Board of
Trade was connected—to that charge, his Noble and Learned
Friend admitted a complete answer was given. The next was--
that some shadowy individual obtained information somewhere
and used it somehow, on some day, in some place, in specula-
tion in some railway, by which he made forty thousand
pounds. How was that charge to be met ?—( Hear, hear. )
It was also charged, that in consequence of impropn informa-
tion, upon the day when the Board came to a decision, the
shares of one or two rival companies rose, and those of the
other went down. The fact was, that the rise in the price was
occasioned by the union of the successful company with one al-
ready established.—( Hear, hear.) He (Lord Dalhousie) put
it to their Lordships to postpone their judgment on the unfit-
ness and inefficiency of the Railway Board until the end of the
session, when they would have all the results before them. In
conclusion, he must remind their Lordships, that if they struck
this clause out of the Bill, a similar one would have to be in-
troduced into the special Act.
Lord ASHBURTON admitted that in some instances great
disappointment had resulted from the proceedings of the Board
of Trade ; but, in his opinion, it was utterly impossible for Go.
vernment to take steps to avoid this. It was quite impossible to
prevent railway speculations, but at the same time he was far
from agreeing that improvements could not be introduced into
the constitution of the Railway Department of the Board of
Trade. But he objected to the provisions of this Bill being
confined to railways which were to be hereafter made. Some
of them ought decidedly to apply retrospectively to railways
already in existence. There was, for instance, the ninth
clause, which provided that no partiality should be shown by a
railway company either in the transit of goods or of passen-
gers. No individuals, or body of individuals, were to have
partiality shown to them by the railway company, but all
were treated alike ; and certainly this clause was very essential
for the ends of justice, and ho could see no reason why the
same provision should not be applied to railways already in
existence. There was another clause which ought to
be extended to the existing railways. He alluded to
the one which enacted that future railway com-
panies should provide separate carriages for the con-
vbeeyaapnpelei
applicable ffeltoon se
xaisntdinglunaties. Wlhty
wasshould i
only the
the
othereladuasye
that he heard of a gentleman
railways?
who got into a railway carriage
and found himself seated by the side of a couple of felons who
were chained together. This
was decidedly a bad system,
and ho hoped the G ,vernin,ut would take steps to put a
stop
The to it.
Duke of BEAUFORT complained that
so
persons were allowed to go about and circulatetrnhaetttimhies and
liner
ios
theande
ebseetnh
esyan
acs ti opnaortt be yo l
at hoey Baosasrecrit
eodf
tThraatd et,hewywhile
eiwn
oththaet
from private information that such and such a line would be fa-
hvoadurlaebdlytorespoo
reportsmrteudehofspb.evetohleatßioonartod.theltrawilawsathyotosearket, a whichnd f
course, had the Board of Trade never existed, they never co' ould
have been made.
The Earl of WINCHILSEA bore his testimony to the able
and impartial manner in which the Railway Department of the
Board of Trade had discharged its arduous duties, and declared
his intention to support the third reading of the Bill.
Lord CAMPBELL thought the Bill before the House would
have the beneficial effect of lessening the expense of procuring pri-
vete and special bills for the construction of railways. He washed,
however, to draw the attention of the Noble Lord to the Ow-