The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-02-16 00:00:00

THE LIVERPOOI STA-NDA;R:D.

7,10 M ==iVl

',SSL,M=IM'WI!4rtM2:eSEX.SMMIN

rity and illuminating powers of the gas. Their evidence
went to show that the• gas was both as pure and brilliant
as in the best regulated and most extensive manufactories
in the kingdom ; that.there was room within the premises
of the company for the erection of additional works to
supply four times the present consumption ; and that the
price of gas for public lamps was exceedingly moderate,
being no more than in the large town of Liverpool, where
there were sa many private consumers. The price to the
private consumer they also • considered very reasonable,
considering the state of the town. _ _ _

Mr. Al -01 Ea V thenY called Mr. Taylor, draper' Mr.
Willoughby, Mr. Nicholls, and Mr. Robert Hughes to
prove that the present line of conduct of the Commission-
ers in seeking for their present bills was contrary to the
wishes of the great majority of the ratepayers.
Mr. Milligan not being prepared with the required
statement of accounts, the inquiry was adjourned until
seven o'clock, and in the mean time the. Commissioner
visited the existing works,- in order to form his own judg-
ment of their efficiency. _ _ _

The inquiry was resumed at seven o'clock, when Mr.
14IALLAnv made a long and ahle speech against the pro-
posed bill. _

He pro. ted nearly as follows:-1 had anticipated, I con-
fess, sir i entering upon this inquiry, that very little
uld e =been needful from me; ttat my learned friend
uld 1 .re opened that kind of legitimate case which his bill
ural.y called forth without the introduction of any of those
ects calculated to excite feelings exceedingly painful to me,

would
=ould hay

otaers-with whom I have acted, ana not at all calcu-
lated to promote.the. object which he had in view. ' Looking at
the object of this inquiry,.which the Act of parliament under
—I, You. sit prescribes, one- would have thought that the
would have been, as my learned friend himself
'-sion of this day's business—might have
ery narrow. compass; and might have
it must now be said on my part. You,
will have seen how much I have been
.4.rs of this township ; -and you will find that
Ain received the office of clerk to the corn-
e year 1841, to the. present, the.most impor-
tant local acts for the improvement of this place have become
the law of the land. I have acted throughout with those whose
cordial and correct feelings were most important for the inte-
rests of the township. You will see that from Julie, 1841, Mr.
Wm. Jackson, his brother, myself, and some others, entered
upon the functions which were appointed .torus by the electors
of the township, that some of the most vital.measures, which
affect not the local interests of. this place only, but are ofim-
mense importance to this great estuary, have been devised—
through all opposition carried, and, being now the law of the
land, are in progress of being accomplished under these acts
of parliament. To me it is an exceedingly painful thing that
any dqviation from that cordial and unanimous feeling should
ever have taken place ; but it is still more painful to find that
that feeling could not arise between other parties, but that I,
who had been the means of conducting. all these affairs through
the troublesome sea, was to be involved in the struggle—that
Imputations in the highest degree derogatory to' me as a man,
..necially as a professional man, have been insinn-
Jc say that they have been avowed openly, for if
seen frankly and openly avowed from the source
.iley emanated, probably a very different issue would
taken place among the commissioners themselves ; be-
I believe that body would have shrunk from making the

been cc

spared very much rat' win
although a stranger-here

imputations which the daring malignity of others have done.
It most have struck my friends with surprise, as it certainly
did me, that a witness of the name of Mees should have ven-
tured to utter one of the most vile calumnies against any public
officer, or the body of commissioners, for the imputation did
not affed:inerely me, but the body under which 1 then acted.
I allude to the daring falsehood- for I give it its proper name
—that the tenders were postponed for a week, in order that
Mr. William Jackson might have an opportunity of knowing
their contents, and then delivering his in accordance with
them. These tenders were delivered on the 7th April, and al-
though that witness uttered something worse than calumny of
me and others in the postponement, yet I am glad that it was
proved before you, from the mouth of that respectable man, Mr.
A. King, as well as from his letter, entered on the records of
the commissioners, that it was from his solicitations, and
not for any other reason, that the. postponement took place.
" the commissioners to obtain the heft
King, which induced the postpone-
gentleman an opportunity of
mated upon that day week. I
union that as a new calumny, springing up at the moment,
and without, I venture to say, any man who hears me or any of
the commissioners having heard the slightest breath of it be-
fore. His daring led him to forget that a closer inquiry must
naturally draw from him the circumstances of the case; and
can it be believed that that man who could denounce such a
proceeding as it deserved—that be could have denounced such
a proceeding, and yet confess that no word of reproach, no
word of complaint, had ever escaped his lips, to me, or the
commissioners, or any other person in this world, up to the
moment he revealed his sentiments before you.. [Mr. Mallaby
denounced his conduct with great warmth, and then proceeded.]
But another witness must be called, for the most extraordinary
purpose that ever a witness could be called, and I dare say to
the inconvenience of my learned friend; for it was just such
kind of evidence, and just such result as might have been ex-
pected from such a witness, called to bolster up such a state-
ment made by Mees, .that conceived, contrary to the express
wish of the commissioners, contrary to his own express tender,
he intended to give the inhabitants of this township gas at the
same price as theconsumers enjoyed in Liverpool—that large and
wealthy community. Why the monstrosity revealeditself to your
mind as soon as it was uttered, and it almost confounded and
shocked me, who am so much accustomed to extraordinary
statements from witnesses in courts of justice and other
places. But Mr. Henry Wood, one of the gas and water com-
mittee, who was lately anxious, as appears from Mr. Wil-
loughby, to set up a rival company, and who, almost in the
language of Mr. Mees' was a disappointed gas contractor,
came and was called up to say, not exactly what his intention
was in making the contract, but that he heard Mr. Jackson, at
he public meeting on the 30th of April, say, in reply to some
mestion, by some person or other, at some time or other
during that meeting—he could not tell what the subject was
upon which they were talking, or what the question or what
the answer was—but he hear Mr. Jackson say that we were
to have gas here exactly at the same price as at Liverpool.
Now a report in print—an excellent detailed report—of the
proceedings of that meeting, as published in the Liverpool
Mail, happened to be in the room at the time, and I was
enabled to cross-examine him upon such an assertion. Not
a word appears on the face of that report ; no, not a word ap-
pears on the face of that report of one of the most striking
and important facts, and one of the most important ,gua-
rantees, if 'it were true, of the final success of the motion
that was carried at that meeting. I could say of my own
knowledge, if it were needful for me to asseverate my belief,
that the majority present believe that there was no such
assertion made, but the contrary. 'Without going much fur-
ther into the character of their testimony, I cannot abstain
from adverting to that of Mr. Laycock ; but it will come more
properly in the historical details of the matter, and therefore,
if you please, I will advert to it in detail. Now you have it in

terms,

by the tender of Mr

and having given that
so, they were finally adju,

in the year 1839 the Commissioners
of Birkenhead liad several meetings, and considered the ques-
tion maturely of supplying the township with gas ; and, if I
could carry your mind back exactly to the condition of the
township at that time, and contrast it with its present condi-
tion, you would fully comprehend the character of the propo-
sals which were then submitted. You may now see this town,
comparatively a large, and rich, and populous place, growing—
and growing as I hope it will grow—on a much larger, more
magnificent, and prosperous scale. You would that have seen
it in a feeble and imperfect state, though on a growing scale;
and, therefore, any man who thought proper to encounter the
risk and contingencies of profit from any contract must have
depended on a speculative result. Hence it was that the com-
missioners, crippled in their own finances, and, as it appears
abundantly from the reports of the public meetings that have
been adverted to—abundantly. so from the meetings of the
commissioners themselves—crippled in their finances, and
being only possessed of a most insignificant sum for public pur-
poses, felt the necessity- of resorting. to some contractor for
that purpose. I will call your attention to the advertisement,
which you will see is for the public and private lighting of the
township of Birkenhead with gas. I will read a copy of the
advertisement :

re before you th,

4ii;-&unnissioners of Birkenhead propose to grant the
privileges of their Improvement Acts for publicly and privately
lighting this township upon conditions which may be seen at
the public-office, in Hamilton-street, Birkenhead, where further
information will be given.—Dated 11th March, 1840.
(Signed) "Jos. MALLABY,
"Clerk of the Commissioners."
Now, I call your attention to that particularly,—not that it
would have been material for me to do so, if it bad not been for
a little publication, signed by Mr. Laird, chairman of the Gas
and Water Committee, that letter positively stated that the
proposals were simply for publicly lighting this township—for
lighting the public lights of this township—and that this was
the sole object of the commissioners of the township. That
any individull, could be found so audacious as to state, in the
face of these f that he could have ventured to impose upon
the public unWanding by stating that the object of the com-
missioners wasia•that time simply to light their public lamps,
astounds the • belief at the audacity, the malignity, or any
thing else you may conceive, of the individual who signed

that-advertisement. It was so gross an untruth—it was done
with so malignant an object—it was done so completely
in the face of all truth that I cannot find language
sufficiently strong to condemn any man who could thus
sign an advertisement contrary to what he, as a public man,
knew to be true. It was a fact that this is a part of the mis-
statement that has unfortunately accompanied this case ; but I
have now before me fhe conditions Ilhlch were submitted to the

contractors for, that purpose. ():
will remember, taken from the e(,
the commissioners " shall take "
the gas contractor at a valuation
to one calumny, which found I,y

of the conditions, as you
missioners' books, was that
e mains and apparatus of
Now, sir, having adverted
')me process very sudden
has b • lavrely

growth, I will come to another N7t-hich aeen more .argei
circulated. That condition was one appearing in the gas com-
mittees' minutes, I think, of the 6th March, 1840, to be appended
to conditions that were then submitted by me, from the very
Ad"- I - of them, of what !thought ought t,

best judgment t could for..._
be the conditions to bind any contractor.. You, I dare say, sir,
are perfectly aware that conditions of that kind are conditions
in favour of the lessee, to enable him safely to go on Investing
his capital, because the lessees shall be bound to take his plant
at the end of his term. In mining leases, and leases of that

ways consi

itions in favour of thi

lessee against

the lessor. The condition then proposed was for the benefit of
the lessee, to induce him to undertake the lighting for a term of
years. The tenders were made. It is said that Mr. Jack-
son's tender does not advert to that condition, but another ten-
der does. Nov, that tender which does was that of Mr. Henry
Wood and Mr. flees. If the tender had been made in precise

..____ _he conditions, it would then have needed no
mention of any specific one. Mr. Jackson's tender being made
in conformity with the conditions 'did not mention any specific
one, and it was because an alteration was engrafted upon the
terms proposed by the commissioners, that it became necessary
for Messrs. Nees and Wood to say anything, about conditions.
(Mr. Mallaby here read a copy of the tender alluded to.) Now,
sir, it was totally unnecessary for any man, who was complying
with the conditions upon which he had to contract,. to enter
into details of the conditions. lie might have recapitulated the
s whole of them in the tender, without selecting that particular

one.. But Messrs. Wood and Mees, knowing that the condition
proposed was one obligatory upon the commissioners, and not
obligatory upon the lessee, no doubt thought they were propos-
ing a great favour upon : commissioners. They offered the
commissioners to have i., i option of taking, the plant. I only
point out, and I really should not have noticed it if it had not
struck the gentleum who instructs my learned friend that
Mees and Woods' 1: ceder having _mentioned that was
.a mot
that they were to the obligation of the coninissi7
oners, and Mr. Jackson's tender was a proof that he was not
submitting to the obligation. Now the reverse is the fact. It
was something of a guarantee that Mr. Jackson, being the
owner of houses and a landed proprietor, and having land un,
built upon, in the best situation for making and distributing
gas, would use his contract in such a way as would be most be-
neficial to the public,—that for him to attempt to obtain very
exorbitant profits—for him to attempt to Work that gas and
water company inconsistent with the welfare of the township
was fo do that which was suicidal of his own interest; whilst
on the other hand, any other individual, who resided out of the
town, and had no local interest, would necessarily attempt to
abstract all the advantages he could for such a contract, and
confer but little good upon the public. Now, that is just the
state of things. With regard to Messrs. Wood and•Mees, they
had the condition before them, and one of which was that the
rent must be at least ..f6 to commence with, and there must be
an increase of £3 per annum up to the expiration of the lease.
Second, that they must supply lights at the some price
as at Liverpool. These gentlemen, instead of stepping one
inch beyond the least allowable tender, stop at the last
limit, and confine themselves to the absurdity of at;
that they were to have it, because they offered the lowest pos-
sible sum. If I were to offer to public competition awl say
that 1 would not let a thing for, less. than ,elOO, surely some
man would offer XlOl, if he desired to have it. I would not
have troubled you at such length, were it not for the necessity
of. making an exposition of these tenders, as I think you
have seen that his contract, which was finally entered into,
does not contain the obligatory clause—namely, that the corn-

.41t7J,MW:mAll!ig

. :

missioners are to take the works:at the end of seventy-five
years. I thought that the condition obliged them, whether
they would or not. It was by my advice that they, after-the
tender was accepted, got rid of the clause; and Lam proud to
say that that advice was giyen, as. it was received, with the best
feelings for the interest of the township. I could then perceive
that there might be in seventy-five years modes of illuminating
the township very different from that of distributing gas by
mains and through smaller pipes into houses. I could conceive
the possibility of every man registering his own mains and
making his own lights, and taking the chance of there being
any change in the mode of illuminating. It is not needful forme
to say anything more than refer to Mr. Laycock, who was the
only witness called adverse to that bill by the commissioners,
who knew best what the feelings of the gas company was who
had sanctioned that contract. Look you at what he says.
What a triumph it was at the time that they had escaped from
the clause. At the meeting of the 30th April, Mr. Laycock
remarked that "he bad supposed at first that the clauses in the
bill, in reference to water, would confer an advantage upon the
township; and as to gas, if the act did not pass, Mr. Jackson
will not be entitled to any pipes laid down, except those on his
_
own e' e Those in tb,- 'blic sib ^t th

grou and buildings. ie pm, .reets, a, -le
termination of Mr. Jackson's lease, would below.'' to the town-
Thip..(Applause.) He thought it only fair that Mr. Jackson

should have asked the commissioners' liberty to proceed with
the bill. As they bad not done so, but in opposition to
them carried it on so far, he would say—stop the bill until
another session of parliament. In opposition to this, some
might say, consider the expense already incurred in its progress.
`l'his they had nothing to do with. It was their own duty to
look to their own interests and those of their posterity, and
resolutely to oppose every attr 'nt at monopoly;

trusted that the present meeting would show-bytheir votes
this evening their determination to do so. (Applause.)"
Now, sir, this is just the effects of such a clause not being in-
troduced into the contract. You know something of the con-
struction which the Gas Committee of that day put upon the
effort .of escaping from that clause. It was quite obvious why
I advised this.. At the end of seventy-five years, Mr. Jackson
would have the right of distributing any gas in this township.
All the privileges which that lease conferred upon him become
at once a dead letter. He would cease to light any lamps or
public lights, he would cease to lay any mains, or to exact any
rent for private lights ; and then, if 11.1 r. Jackson were the owner
'of these useless mains, what is his position ? It is quite obvi-
ous that he would not have the means of using that property;
and if he had the right to take them up and sell them for old
iron, he would get very.little for them, and he.would have been
delighted for the commissioners to take them at a valuation
I tl. - •

iterefore said to the gas committee, "I advise ypu to get rid
pf that clause which compels you nolens volens to take the gas
apparatus and all the machinery, and see whether you can in-
duce Mr. Jackson to forego the clause." The gas committee
were glad to get rid of it, and I told Mr. Jackson that as there
had been an offer to give the comm issionters the option to take
his mains or not, lie ought at all events to forego the compulsory
power.• It is said that there is no record of that advice. It is true
here is not, but there is conclusive evidence of their acting upo a it
in the contract itself, and in thelanguagethat I havereadfroin Mr.
Laycock. That shows you the thing was visible before the
eyes of the commissioners, and that they were glad to get rid
Of it. I have the original draft drawn by Mr. Crooke, one of
the most eminent conveyancers in the district of Liverpool.
Now, sir, you have had a copy of the contract delivered in, and
I am ready to place this draft in you'
turned as it may be required 13'

It is in the hand-
ed accucately with

wilting of Mr. Crook

thecontract_execnted between the p:

unlined to-day by one of the officers o,

n(1 it is exactly a fac simile of the contract ex-
hasty - for it was

proauctic
Committee after

by my clerk
ecuted. The contract was ni
gravely considered by the Ft
considered by the gas commission
That appears upclti tt.

s under its various head
proceedings that have been airea

proved before you. The original Was then handed over to Mi.
Jackson for his consideration ; and it appears by the minutes
of the subsequent meeting of the committee, that that draft
was returned to the gas committee with certain alterations,
which they were careful enough to have noted on their minutes
in detail ; and every minute word with respect to this alteration
was finally approved of. That contract you will see, sir, at a
subsequent meeting of the commissioners, was received by
them upon the report of the Gas Committee and approved of,
and ordered to be executed. It was finally so executed. Now,
sir, I-think it would be quite sufficient for me to rest the case
there. Thi,cnntract having been so considered in all its varia-
tions, the commissioners were perfectly aware of its nature
and character to the extent of every minute idea that is to be
found in it. Could it then be supposed, ,after such a conside-
ration of this subject, that it remained for this day, or for a
few days agO, to see an imputation cast upon me of having
wilfully omitted that condition for the benefit of -an individual,
and against the interests of the township 7 Could it be conjec-
tured that six or seven years after that event, after such a close
consideration of the subject as took place in 1840, appearing
as it does that the contract was again read on theScl April,
1841,—could it be supposed that, under all these circumstances,
a•clause-like this could have been forgotten or neglected, and
that it remained for this day to have an imputation cast upon
the contract on account of this not being found in it? Sir, I
could have rested upon the evidence which has been given this
day to have concluded the question of the integrity of this
contract; but, sir, if this contract had to be impugned, and if
those concerned in the framing of it had to be accused, would
it have iemained to this day to have such a thing imputed?
No, sir; the question was mooted by the commissioners. Igno-
rant of these facts, Mr. Brodrihb, at the very meeting I alluded
to, made the statements he did. He did not see the drift of it,
and ii was not so palpable to, him because he was not on that
committee. He had not an opportunity of considering its
effects, and he therefore looked upon the contract as one which
would eventually give the comissioners the light to light the
township without their having the necessary works and mains,
and to Mr. Jackson the right of having the requisite works and
mains, without the power of lighting the township, as was
evidenced by his remarks at the meeting. Now, that was a
construction that would very naturally arise in the mind of a
man who knew nothing of the question mooed in the Gas
Committee. That being the state of the contract, I think
enough has been said to show that that contract deserved not
at this day, to be charged, or that there should be the insinu-
ation of a charge against the integrity of it. Then, sir, we
come to the notice for the bill on the Ist of December, 1840.
I, as it appears on the commissioners' minutes, directed the
attention of the commissioners to that notice, and it was read
to them. You are aware, sir, no doubt, that by the standing
orders of Parliament, these notices are obliged to be on the
doors of every church and chapel in the district, as well as in
the newspapers of the county and the Gazette of the Govern-
ment, so that it is one of those things of local character which
cannot escape local scrutiny; but the pretence against all blind-
ness is removed by the fact of the attention of the Commis-
sioners having been called to it ; and it is stated upon these
minutes—and it is a minute which was suggested by myself—
that the print of the bill should, as soon airpossibie, be sent
to the commissioners. It has been already stated, that this
was at the meeting of the commissioners, on the 24th of March.
I explained to them the fact of my having received three copies
of that bill as soon as it was printed, and how Iliad dealt with
them. We know very well, sir, that the commissioners meei
on the first Tuesday in every month, and that the committee
could meet at any time; and however it might have happened
that they did not meet, or, by whatever mischance this bill did
not fall into their hands, the universal opinion of the commis-

sioners is testified fit their approval of that resolution which I
nronosed. as recorded in the minutes. that "Mr_ lirodribh

WitlidreWhis amendment, and that the resolution, that a copy
of the bill, as amended, should be sent to every commissioner
seven days before meeting, anti that in the meantime no proceed-
ings-should be taken farther in the House of Lords, until the sen-
timents of the ratepayers had been ascertained by the commis-
sioners." I did that in order that no man should have the right
of saying that there were not abundant means for them to prepare
to attack it in any way they thought proper, and I need not tell
you, sir, so well acquainted as you are with the practice of the
House of Lords, that if there could have been the slightest speck
thrown upon the candour and integrity.of a public officer upon
the justness of that proceeding with reterence io the commis-
sioners, that it would have been rejected by that house, which
takes care that all parties go there with clean hands.
Sir, -in those times, whatever might have been said by
a few, there was a spirit of confidence in me, and in the
integrity and justice of my proceedings on the part of the rate-
payers of the township who-knew that my hand was never yet
stretched out but in_ its defence, and that I never sought to

enter into any speculation whereby I could deriy

any personal

advantage to the injury of the township; (and I believe there
is, excepting. among a few individuals personally oppoied to
me, a most implicit confidence placed in the justness of my
proceedings.) Five days after, a meeting was held,. which
was intended to be a direct blow at the bill, and in one
sense a direct blow at the interference of the commis-
sinners but at that meetine von have heard a resolution

directly,
contrary was adopted. Again, on the 30th of
April there was a meeting held, convened, as Mr. Broderibb
stated, by fifteen commissioners of Birkenhead, with a view of
ascertaining what were the sentiments of the township; at
which Mr. Broderibb stated that if his constituents decided
against him by voting in favour of the bill, he should resign.
But the commissioners did, on the 14th of April, come to the
resolution that the word "Birkenhead" should be struck out of
the bill. So completely disgusted was Mr. Jackson, after hav-
ing consented to a reductionof the 12 per cent. profit clause to
a 10 per cent. clause—and, I confess, I partook in that senti-
ment at that time—that on the 23rd of April I wrote to my
agents in London to strike out Birkenhead from the bill, but
having been called upon next day by Mr. Stansfield and some
others, I, at their request, did again write to say that I had
been induced by several inhabitants of the township to consent
that the clause should stand as it did. At that very meeting of
the 30th April, we find in the report published at the time, the
following remarks
"Mr. Stansfield

But, as I said before, the Commis,sk:ners

having struck Birkenlq

out of the Operations of the um, u►e
rig .to the agents in London to that

ISMICH,VI We. ttvou. a
effect, which would at once be depriving us froni 'obtaining or
the present, and perhaps for a long time, those important mea-
sures. What was to be done in this dilemma? There was not
time to convene a meeting of the Commissioners, as it requires
three days' clear notice. There was not time to call a public
meeting of the inhabitants, nor was there occasion, as the
-• A ~.11

- .
public meeting

)le 01 the bill, leaving the revision of the clauses with the Can
,nissioners. What was then to be done? NothinT hut 1, av

•sr 6 VW, 1,
ercise that right which our free constitution gives us—that of
petitioning. The merits of the question were so fully discussed
and explained in the last meeting, that there is no occasion to
repeat them here. A meeting, the most respectable and orderly
I ever attended in Birkenhead, and which terminated in the
way in which I hove this will terminate. in the ereatest bar-

loony; a !motto
but after the ex,
withdrew their motion of opposition, and the amendment in
its favour was carried unanimously. (" No, no.") I say it ap-
peared to me so, and also to many others." (Expression was
here given in the affirmative.)
I all- Ic it stF sigh him, and those with him,

kt, too, especially conyeried to opp-a

the bill ;

..elude to it because it was tin,
that I. was induced to write the *wool' Liter. Tlw rc...vdis--e_ f
that meeting you know. It has been already proyed.m.evidenco
_
that. it was moved by Mr. Stansfield, then a commissioner, al-
though he no longer resides here, and that he was seconded by
Mr. john Laird, who is a commissioner, and who does reside
here, that a petition to the Lords be adopted. This was unani-
mously earned, and it was most numerously signed—by' the
most respectable and the most influential inhabitants at that
time, as has been shewn in evidence—yet so determined, so ac-
rimonious was the opposition of certain parties in respect of
that bill, that an attempt was made to defeat it on standing
orders. - After a caustic allusion to the paltry patriotism which
could not afford the sum of 70 to defeat such a bill, if it were
opposed to the wishes of the public, Mr. Mallaby proceeded to
say,—The liberality of the Gas Coinpany is acknowledged by
every man not individually hostile to the promoter of it. I can
appreciate the views of the commissioners, and I can respect
'say
of a body. of men, who,. upon a large public principle,
say they are desirous of acquiring the dominion and regulation

of two great articles of life--alintist at this time—conceiving it
to be for the benefit of the community that they should do so.
I would have refused to do any business even for Mr. Jackson
that I thought might prove hurtful to the community. I think
it was on the water inquiry, to which there has been some re-
ference in this room—not hostile to the bill, that I was invited
here from London exuressly upon a mission from this

and itwas uponpropositions that seemed mutually agreed upon
that I at once came down here with my friend, -Mr.-Lloyd, for
the purpose of cementing the union."-So far from any hostility,
I abstained from taking any active step. But I condemn the
principle. I think it is as pernicious a one as can in the pre-
sent age be conceived. Mr. Mallaby then proceeded to say
that he would give municipal authorities the power of furnish-
ing gas and water if there were not to be found private indi-
viduais of capital and enterprise who were willing to consult
the public good; and he adverted to the change which had come
over Mr. NI, illoughby and other large ratepayers of Birkenhead
with reference to the bill of 1841. He next referred to a letter
signed William Laird, in the Liverpool Albion, accusing him
(Mr: Mallaby) of wilful and corrupt omission with regard to the
contract which has been alluded toi and he read a letter which
he bad received from Mr. Potter, the late chairman of the com-,
mi6sioner,. to the effect, that the letter in question had not
been published by the consent or with the knowledge of the
commissioners. lie declared that the commissioners, even if
they got their bill, could not compel Mr. Jackson to sell the
the works, as there was no compulsory clause, and the bill
would be just like so much waste paper, and the commissioners
dared not introduce a compulsory clause in the bill, because
arliament would reject it. After justifying his conduct inpub-
lie life, he noticed the improper and unauthorieed proceedings

of the Gas and Water Committee appointed in 1846, solely to
open a negociation with Mr. Jackson for the existing Water
Works, but which committee had nevertheless abstained from
entering into those negociations, preferring to adopt hostile
proceeuings.at a most lavish expenditure of the township funds
in promoting the two bills now before parliament, without ma-
king any report to the General Board of Commissioners until
January just passed, when the greater part Of the expenditure
had been incurred.
Mr. Mallaby concluded by producing copies of extracts from
documents already proved in evidence, as to the public meet-
ing on the 30th April 1841, viz.,—Motion made at the meeting
of 30th April 1841, by Mr. Fowler :
" This meeting expresses its satisfaction at tb,e opposition
which the commissioners have already offered to 'the bill now
before Parliamert, _brought-in by Mr. William Jackson and
others, called the `Birkenhead, &c., Gas and Water Works
Bill,' considering the same to be adverse to the rights already
granted to the township respecting gas, and forestalling the ad-
vantages which ought to accrue to the township respecting
water; and they respectfully reqaest the commissioners will
continue to use their best endeavours to prevent the bill be-
coming law. The meeting also urges upon the commissioners
the propriety .of their selecting
.the best legal advice for this
purpose, and they further recommend them to take the earliest
opportunity of applying to Parliament themselves for a Water
Bill for the benefit of the township at large."
Amendment moved by Mr. S. Stansfield
" 1 hat in the opinion of this meeting the Gas and Water Bill
will be beneficial to this township, and ought to be supported

uy me nate-payers signing the petition in fav,ur of it, now in
course of signature, and that the revision of its clauses be left

" Mr. John Laird seconded the amendment.
" Several individuals instantly held up their hands, but on
Mr. Meacock observing, that he thought some persons did not
understand whether the original motion or amendment was
put ti!st,_

" The Chairman, after a short explanation, put the amend-
ment, and afterwards Mr. Fowler's motion.
" A show of hands took place on each separately, and the
amendment was carried, as well as we could calculate, by a
majority of at least two to one."

'Elie following is the prayer of the petition adopted:—
" Under these considerations, therefore, your petitioners
humbly implore your Lordships to pass the said bill, as it re-
lates to Birkenhead, for the supply of gas and water, subject to
the restricted profit of ten per cent. per annum ; and all other
clauses as may seem, in the wisdom of your Lordships, need-
..
id, also, that the con-

ful for the prOtectic

tingent funil shall not exceed one ihotisand pounds."
Mr. HICKLIN also, addressed the court against the bill,
and Mr. LLOYD having replied, the inquiry closed at a
quarter-past eleven o'clock.

CLERK

Feb. 16, 1847.

and if this was taken from them, they would throw out of
employment many thousands of individuals. '
The TOWN-CLERK then called his next witnesses.•
Mr. Capes Ashlin proved that the number of assess,'
ments in the borough of Liverpool, in 1841, was 47,776►
and in 1846, 60,205. The amount of assessment in 1841
was £1,075,147, and in 1845, £1,395,302, being an in-
crease of one-third over the assessment of 1841.
David Thomas Ansted, Professor of Geology of King's
College, London, submitted a report, which was read by
the Town-clerk, on the condition of the strata in this
neighbourhood, showing that it did not afford a sufficient
supply. The professor was cross-examined by Mr. Sta-
nistreet and Mr. Rowlandson, but no new facts were
elicited.

Several witnesses having deposed to the present insuf-
ficient supply, the court adjourned.

THURSDAY, FEBRUARY 11.
•
The investigation was resumed this morning, when the exa-
mination of witnesses was proceeded with. Their 'evidence
went to show that the population, mit only of the parliamentary
borough, hut the out-townships, was rapidly increasing; that
the supply of water was intermittent, and not continuous ; and
the only remedy would be to carry out the system proposed in
the Corporation Bill.
Mr. Edward Rushton, stipendiary magistrate, was called as a
witness. From his own observation, he could bear testimony
to the inadequacy of the supply of water, both for the purposes
of health, and the extinction of fires. He had frequently seen
fire consuming thousands upon thousands worth of property,
without the possibility of extinguishing it, from want of a sup-
ply of water. In one case, that of Faucett's foundry, a vast de-
struction of property might have been prevented had there
been an adequate supply, and no one was better able to give
evidence on the subject than the manager of the Harrington
Water Company, Mr. H. Al`Donitld. It was. fearful to contem-
plate the filthy state in which many of the poorer inhabitants
were living, who had no possible means of cleanliness afforded
them. He once gave evidence before the House of Commons,
and stated that he was not acquainted with any place in Liver-
pool, especially by the docks, where a wayfaring man could get
a drink of water without begging or buying it. It Was stated
on that occasion that there were pumps in the streets, but it
turned out on inquiry that such pumps were eight feet high,
and locked. If the Commissioners had a desire to inspect the
town, he would send an officer with them, and they, would see
that the condition of the poorer inhabitants was most lament-
able. If a supply of water could be obtained, it should be got
at all risks and at any expence. During his experience as a
magistrate, many cases had come before him in which quar-
relling and fighting resulted from attempts on the part of per-
sons in courts to obtain the water, as there was only one tap
from which the supply was drawn. He admitted that the
quality of the water was excellent, better than could be obtain-
ed in any other town with which lie was acquainted. In reply
to Mr. Stanistreet, he repeated that the quality of the water
was unobjectionable, and said that, so far as he was concerned,
it mattered little to him who supplied the water; provided it
were supplied in its present excellent quality, in quantities.
Mr. ilawkesley was then called by the TowN-cLEux.—The
first. part of his evidence was in effect similar to the retails given'
in his report, brought forward on the preceding day. He de-
scribed the Bala Lake scheme proposed by Air. Rawlinson ; it
was to bring the water to Liverpool, a distance of 56 miles, by
a conduit elevated over the surface of the -country, 'across the
valley of the Weaver and the Mersey at Runcorn. The works
would have been exceedingly costly, and the engineering diffi-
culties great, and after an examination of the country by Mr.
out COW, Mr. Rendall
not be ma, and
~ i f himself, they thought that such an
ay should d
onvenient smirepenniA

~,,unt nave involved an expense of a
million and a half of money. The project was a grand one, and
the water very good and had it not been for the expense, would
have been well worthy of consideration. He had examined the

1/11111 VI 1/111181116 ivin tne er 'rum runywell, to whiithere were
objections, as the water could not have been coyed
without extensive machinery; it was a scheme he couldnve not re-
commend for such a town as Liverpool. There was another
plan for raising water from the Mersey for some of the purposes
of the-town; but it would nut be of any advantage. All the.
plans having been considered, amongst ethers one for bringing
water from the Lake Windermere, it was-decided that the one
now recommended to the Council was the most desirable.
Several legal gentlemen appeared to represent parties, whose
interests in Kivington and the neighbourhood were likely to be
effected by the proposed water scheme. Amongst them were
Mr. Hailstone, on behalf of the Leeds and Liverpool V.—,
COinuanv. and the . _

.-•— t•s,. k.,
... Lim priagewater Trust; Mr.— Crook,, foranai the
Chorley Water Works Company; Mr. Worthington for Richard
Cobden and Co.; and Mr. Easterby, Mr. Rowley, and Mr. Wat-
kins for other opponents. It was urged that the inhabitants of
the township of nivington would have their roads interrupted,
and other persons their water taken away by the erection of the
Water Works, and there was no clause in the bill which would
give them compensation for those disadvantages.
Mr. PAGE said they would be provided for by the Lands Con
have
solidation
state Act. The Town-clerk considered the parties would
to their grounds of opposition before Parliament;
he had no objection to the introduction of a general compensa-
tion clause in the bill. In reply to questions put by the Com-
missioners, the opponents said they were not prepared with any
statements of the amount of their claims, and did not intend to
put in such evidence, lest it might operate against them here-
after.

• Mr. Hawkesley was then cross-examined at some' length by
Mr. Hailstone, Mr. Watkins, Mr. Higson, and othergentlemen.
The general effect of his statements was, that compensation
would be awarded to all parties who might suffer injury, when
such injury was fully substantiated. As to the Chorley Water
Works Company, they would not be deprived of any right
to which they would be entitled by act of parliament. Out of
the .t 650,000 to be raised for carrying out the plan, a consider-
able sum would be appropriated for compensation. Mr.
Ilawkesley did not go into details, although requested to do so
by some of the opponents of the water scheme, and in this
course he was confirmed by the opinion of the Commissioners,
who considered that the amount of compensation estimates, and.
other matters, would come more properly before another tri-
bunal.
Mr. STANISTREET, on behalf of the Harrington Water Com- •
pany, and Mr. HOLT, who appeared for the Bootle Company,
expressed a wish that the Town-clerk should introduce in the
proposed bill a clause compelling the Cor—
_

A long discussion ensued, during which it was urged by the
Com Missioners, that the scheme was based upon the, supposi-
tion of such arrangement being carried out, and the estimates.
calculated accordingly. The Town-clerk said he would pledge
himself that whatever engagements the Council had made they
would carry out; but he could not undertake the insertion of a
clause to the effect required on his own responsibility. Ulti-
mately Mr. Stanistreet expressfd himself satisfied, and the
matter dropped.
The inquiry was adjourned at six o'clock, until Saturday.

SATURDAY.
The court out, pureuunt w adjournment, this mornin at teno'clock precisely, when g
Professor Rusted was called, and examined by the Towic-
-I made an examination of the neighbourhoods of Ili-

geological position. I was there two day

reporting on their
and I made such an

as Lai as the state or the weather would permit
me, as the ground was covered with snow on both those occa-
sions ; but I was also there yesterday, and saw the surface or
the country. I made observations with reference to the capa-
bilities of the surface for drainage, on the principle of the
scheme proposed by Mr. Hawkesley. The geological features
of the country were a stratum of coal measures and mill-stone
grit on the north, whilst on the south side there was nothing
but coal shale so far. as I am aware. The district is very
much elevated on the westward ; but it was not so much so on
the eastern side of the surrounding country. Almost the
whole of the district is surrounded by moors—that is of the
area of drainage. The water is conveyed from those moors to
the valley below, by a number of small channels running into
the small streams or valleys, and these flowing again into the
larger streams or little rivulets, and all of these running almost
directly into one or other of the rivers from which the supply
is to be obtained ; that is to say, the Riddlesworth, Black-

nance map, which is the. only one I had at hand, I esti:
I arl fh