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A i^PPUEDJVHGE In 16:^J Za%\ Ua)een compiled, embracing extracts from the Debate upon the Railway and Canal Traffic Bill, from the Act appointing the Commissioners, and from their Reports to Her Majesty's Ooveranient, as well as brief reasons for the appointment of a Connnission in Canada. Where extracts have been taken from volumes in the House of Commons Library, references will be found in the margin. It appears that the Railway and Canal Traffic Act of 1854 had been on the Statute Book for many years, but was to p great e.vtent inoperative, on account of the want of suitabl' machinery to carry it into effect. it was Lord Camp- ftTii bell'K opinfoii. era .^,_., g^ Speaking of that Act, Lord Campbell said, that not an Act which the Judges could interpret. It left them SsJ! „ altogether to exercise their discretion as to what the/ might eanl, 133-1137, deem reasonable. , . . The Judges, and himself amongst them, found themselves incompetent to decide in these mat- ters. . . . He confessed he was wholly unacquainted with railway management. Ho knew not how to determine what was an unreasonable fare, what was undue delay, &c. . . , They should have a lay tribunal for the decision of questions of the nature contemplated by the BUI, and not one composed of the Judges." A Committee of Parliament, which took evidence under one Committew Administration, brought ita labours to a close in 1872, and »pp""''«<'' y reported by a Bill which was introduced Ivy- Mr. Chichester FoRTESCUE, then President of the Board of Trade. He uaid :— FtrllMiianUry dthat«>. Third ■erin, mz. AmalKUiiA- luterchAngeiif fMuwt'iiKtint and reight Court* of law unfitted to de- cide trattic Qualificationi of Commis- ■ionerB. The Meuil "i of the Committer were chonen for their know- le«ige of the n ject^an(J tlieir practical experience, so that their Rej)ort wan calculated to carry jjroat weijrht with both Hduhcb. . . . They reconiniended that Parliament should provide a npecinl <|iialitied tribunal for conHiderinjr each case of anialga- uiation an it arose , , . so that application for amalga- mation mijfht come before Parliament, and .ill \>t; dealt with as far Its jwsHible on the same basi* by a tribunal sor.ipetont to deal with so grave and (U-itieal a (piestion. ... '1 ho Com- mittee came to the conclusion that the best and otdy iinpoi-tant thing they could recommend I'arliaiucut to do wa.s to have an improved version of the Railway and C^anai Tmrtic Act of 1854. The main objects of that Act were to secure uninterrupted facilities for the convenient interchange both of goods and pas- sengers from one system to another, and especially to oUsorve the rule of eiiual charges under the .same circumstances. . . . Complaints were still too frequent that railway trattic was not always allowed to take its proper rout(> ; that the .shortest and best route was often artificially barred by the conduct of some railway company, which had an interest adverse to that of the public. . . . The (!onuiiittee of 18">3 made this recom- mendation with respect to goods and passengeix. That every railway company .should be compelled to atlbrd full advantage of convenient interchange from one .system to another ; to give every cla.ss of trattic fair facilities, and oapecially to observe the rule of equal charges under similar circumstances. . . . For rea.sons wliicli he would state to the House, the provisions of that Act, however well intended, had accoin)ili.shed little. He did not say they had done nothing. In principle they had been most valuable, and so fai' as securing fair and equal treatment between trader and trader, they liad liad considerable effect, and some excellent decisions had been given in the Courts of Law in that respect, liut as to seciu'ing the ecjual treatment of com- pany by conqmny and the free and unintenupted forwarding of traffic over the lines which Parliament had sanctioned the succe.ss of the Act had been most imperfect This want of success was, in the opinion of the Committee, due to two causes. One, the want of more specific enactments within the Act itself, the other, the want of authority better fitted for putting the Act in motion. . . . The Committee were of opinion that a Court of Law was not an authority fitced for giving a good efl'ect to an Act so peculiar and special as the Railway and Canal Traffic Act With that view, the Connnittee recommended that the administration of the Railway and Canal Trattic Act should be transferred to a new body appointed for this express purpose, to a body which might be called the Railwa}' and Canal Commissioners, con- sisting of three gentlemen of high standing and character, one, at all events, to be an endncnt Lawyer, and one, if it were possible, a man practically convei-sant with the management of railway trattic The Bill which he was about to ask have to introduce would carry out the recommendation of the Committee. . . . It is proposed to create such a Com- mission as he had described, consisting of men of high stand- i^i National Library of Canada Biblloth^ue nallonala du Canada injf, and with amnio romiinoiatinn which would, ho believed, command the coiihdciice both of th« I'ouiitry and of the railway intereHt. . . . The Cominittoo liad to coiisidi.-r whether the Act in the public intoroHt could not bu utrungthuiied in it8 pro- visions . . . and they found, as they believed, a method by which the Act could l)e j,'reatly improved One was a propo,sai tliat gcni'ral compulsory running powers should be given to every liailway Company over the lines of i; very other. The other was f. svstcm of general through rates under new provisions and regutati.ms Tliu (|uostion of running powei-s was fully sifted, and the conclusion tlie (Jonunittee arrived at was, that it would not be wise to enforce general ruiming powers liy any general Knactment . . . that they were not, as a rule, nece«.sary ; that they were oidy convenient in some ciiHes ; that to enforce them upon unwilling companie.s would be an interference with the management of lines At the sami! time it was ipiite evident that there were now, and there would Ik; in the future, many canes in which ruiming f)owers to be exercised by one eoni])any, in case of need, over the ines of another might be pro])erly and wisely given. . . . But the Conunittee desired to leave that to the determination of tlie Railway Connuittees as a coinlition to l)e inipo.seil in amal- gamation Bills if it should be tlmught tit. and to bt; enforced by the Commissioners whom this I5ill pro])osed to set up. . . The (piestion of through rates and fart.'s was found to be a different one, and the (Jonunittee came U) the conclusion that something u.seful and valuable might l)e done in that direction by general legislation. After most careful consideration they came to the following resolution .... " Second, and only second, to the (piestion of railway charges is that of the inter- change of railway traffic or, in other wi)nls, tht^ (|uestion of best utilising and developinL,' under the pri'sent system of occa- sional conllicting eompanies, the capabilities of a railway . . If the company monopolising a district is to be allowed to arrange or disarrange tlie tratiic as it pleases, to time jiassenger trains .so that they shall not meet at a junction with other pa.ssenger ti-ains ; to obstruct tratlic coming over their lines and to send trathc by the longest and least convenient route in order to keep it on its own line, there may be the greatest possible inconvenience." .... And they went on to recom- mend that under proper conditions railway companies should have a right to acipiire and obtain tlin)Ugh rates over the lines of their neighboins The prima facie rule for the de- termination of the apportionment of these rates would of course be mileage, but that was a rule which was not capable of l>eing always rigidly observed and wouhl, in some instances, even work injustice, and therefore the committee were of ojiinion that the Conmiissioners proposed to lie cieatetl should be invested with ample power to settle that matter between company and company.. . . There was ime duty of a very im]>ortant kind with respect to wliich there appeared to be positive unanimity of opinion among experienced railwaj' witnesses who were ex- amined, and that it would be of the greatest advantage to allot it to the Commission, that, namely, of exercising the functions of arbitrator under the provisions of the Railway and Canal Acts .... The Committee were very much struck by the Running powera. Through ratMk Running pftwers rcserv- ml to actiiin of i'arliitmerit. Pro rata mile- act' not an alMolutc rule. Arbitration. nwy wbttn lion. Mr. (llliiln'ii reuuuka. ManAKcnieTit vt private «n- oviilencfl of various witncwoft m to the vexationH and «ial Railway ActM iiH now exeroised. It wiih Hhtiwii that tht'No urIiitiationH oven lingered for inontlm and years and coiintantly defeated the very object and purpono for which they were demanded, and of couino while tiie railway conipanieH Hutl'ered from this cauNe the public Muti'ered hIno. Mr. GiM'iN did not inti lul U> uppoHe the introduction of the Bill : he would, however, nay that it would he neccMNary for the LegiHlaturo to conHii'.or how far it was wise, how far it wan lieHt for the interests of the puldiir that Parliament should interfere in the management of what, after all, was private enterprise, when they took up mattei-s which were generally l)est managed liy the companies themselves in their own interests; how far, in short, they might do mischief where they intended to do good. There was no douht that a new tribunal was much wanted to deal with these various (pies- tioUH . . It was perfectly well known that while the cost 01 one line of more extent might be so much per mile, some of the smaller lines, like the Metropolitan, the Charing Cross and some portions of the Hrii'hton line, Ivid cent an enormous sum, and that to hav? the faro at anything like the Bauo rate would be obviously unjust. vi.i. ..i-rei.- Col. Berehford rose chiefly to enter his dissent from the (ord'»rfm»rk»; ypj^JQ,, ^^1,;^!, i,aii Imua e.\pres,sed by the Hon. Mendier for Northampton (Mr. Uilpin) against the adoption of the running through system. He believed that, under proper supervision, the through system could be adpted with safety and certainty and that it would greatly add to the convenience of the public. Extracts from tlie Act. I'liMic Rcncral This Act n-ay be cited as the Regulation of Railways Act Ax:t«, 187;). of 1H73, and provides amongst other things : (Sec. 4.) For the appointment of Railway Commissioners. (Sec. .5.) Commissioners shall sell or dispose of any .stock, share, debenture!, or other security of any llailway Company in the United Kingdom, in which, at the time of his appoint- ment, he .shall own or 1x3 interested in for his own benefit. (.'((I. Berei*- ThrouKh c«r- riogeB. Extract* frtmi Kiulwav antl Canal Act, 1873. 4 Conimi««ion- (See. 7.) The Commissioners have power, before entering ere inay a»k upon the regular hearing, to enable companies to make expla- exnlaiiatum ',. .° n i ■ i i. r i iHjKircheariug. nations as to any alleged violations oi law. (Sec. 10.) Transfers to the Commissioners certain powers and duties of the Board of Trade. (Sec. 11.) Explains the provisions of the Act of 18,54 a« to the receiving, forwarding, and delivering of ti'athc, and as to No iiniliie the companies not giving undue or unreasonable preference or (ircference or advantage in favour of any j)articular person or company, and US to the regulations against unrea.sonable delay. (Sec. 12.) Gives the Commissioners pov, r is to through rates. uiuluu ilclay. (Sec. 13.) ProvidoH for complaints by public authority in •ertain csHes. (Soc 14.) ProviilfN thiit every Railway Oumpany shall ki»ep Booknnf ratM at each iif thi'ir statioriH a bonk or bookM nhnwin;,' cvt'ry tatf, 'p("|','ij'" """ for th« time Ixjinj;, charged for tlio ('arriafjo of trathc from that Htation to any phico to which they book, including any ratt-H charged undur any special contract, and Htaling the distanco from that ntJition to every stiition to which any such rate i.s chH:g<'d Every Huch book .shall, during all rea.son- able houi-N, \w ojjen to the inspection nf any j)er.Hon without tho payment of any fee. . . . The t'ouuiUMsioners may, from time to tiinu, make oniorH reuniring a Ilailwiiy Couipany to diMtingiiish how m\ich of each rate is t'oi the conveyance of traffic, for the use of cni riage.s, for locomotivo power, and how much for other ex|)enMUM. (Sec. 15.) Gives power to the Comuiiiwionei-H to fix ternuna. oharguH. (Sec. 18.) Provides that every Railway Company shall con- vey by train Huch mails as may bo tendered. (Sec. 2.5.) Provides that the roMunissionoiN shall have full X„vn\ ]»'w»n power to dei'ide all (|uestions of law or of fact (A), by t,i selves, or by any person u|)pointed by them to prosecute n in(|uiry, enter or inspect any place or building, being the pro- perty or under the control of any Railway ('oni])Jiny, the entry or in.spection uf which appeai-s reipiisite (IJ.) Tliey miij- re- quire the attendance of all sucli pei.sons as tliey tliink tit to call before them, and examine, and may reipiiri' answers and returns to all such enciuiries they think tit to make. ((!.) They may require the pripduction of all papers, books, and docu- ments ndating to the nuitters before them. They may admin- ister an riath. They may, when sitting in open Court, punish for contempt, in like manner, as if they were sitting as a Court of Record. nf ('(iIIIIlliR NioiltTM, (Sec. 29) Gives powers to the Commissioners to make Gene- ral Orders. There are other sections containing details of routine, and tho last (sec. 37,) provides that the Act shall contimie for tive years and thenceforth tmtil the end of the next Session of Parliament. Being assented to on the 21st July, the Act does not expire until the end of the present Session of Parliament. The Comnrssioners have from year to year presented reports Reports of to Her Majesty on matters submitted to them. I'ominis- nionuni, 187S, ^ . , , . , vol. 21. One of the complamts was from a carrier that the South Carted rate.. Western Railway Company gave only "carted rates," that is, rates which include the collection and'delivery by load as well as the carriage by railway. His chief complaint was, that the amount of deduction allowed was not enough. Rluht ilUlKTt td. The ooncluHion wm, that the complaint ww woll fmimled and that tho company ha.l kIvou to th.MiiH.lv.*. and to their ageniH an umhif piffcri'nct!. WorkinK There arc accounts of disput- botwoen railways an to work- '«'-'""*' ing aKreenienU. Thr.mKhr.u.. CaHOH w.Ti- investiKfttod whor»< conipn ic« rofusod to jyive throiiKh riiti'H ovor tin; line of another .onipiiny. The Comnii«Hion has iwwer to det.»rniine what the through rates Hhall l«, and the amount to be awarded to each company. In a PAse whieh .•an... l"'tbro the ( 'omn.iHsionerH, the London and North WeHtern lUilway ('o.npany woul.l not aUow .•..i... ..lainant to copy or make extract» Iron. WokH kept at I. ur Ciness Statlm; it was deei.led that the hookn Hlundd We open to inspection, anon .Irduel.ons l.y thioug lutes on account of the use of .ailway e,.n-.ages Wy am.tlK. comoanv ■ upon the ■.n.o.uit of teiininal expenses to l.e al- ow ,TY "cZ. any working a .uilway -1- ,1--; .ir,'. the amom.t to he allowed eo.„pames -r n.nn.ng Jul 1. n cars over their sy.le.,. ami .ipon the pl..c.;s w.e.e passenge.s were oblig.d to exchange trains from one lino to anothei. Settle.! wit... The Commi.Hsione..* also say that tl.e.v were several cases Sarit ^,,i,h weiv settled witho.it a hearing, ami ot wh.c h hey post- p, „ed the hearing fro,., tin.e to ti.ne, ,n order that they u.,gl.t ^arranged. " It is l.est occasionally that the suhjects of ca.se. "Bhould he thus disp.,sed of. hut the necessary impulse wou .1 '■he wanting hut for the power in rese.ve to calf ..pon . s to " interfere, an.l perhaps, too, in sou.e eases .so would Ik. the ne- "cessary i.ea..s of c.n.ing to tern.s of accomn.odat.ou. hut for "such full and accu.-ato staten.ents as i.artie8 have preimred " for our consideration." As already stated, the Act fron. ^vhich and its operations these citations have been n.a.le exp..es at the '■"; ' ^ ^1'' Fe- sent Sessi.m of I'a.lian.ent. (hi Febn.a.y 13th, Kail \M.Atot,H. FIELD, in giving an account of the Ministenn n.e^s.ires to be brought forward, mentioned one to renew and ^;xt'' "' tl"J Act app hitin- Ilailwav ( 'on.n.issioners. As a.. Engl.sh " lansard Kt .uailable, it cannot he stated whether the Ministerial scheme has been completed. In this country, the need of a Railway Commission is more urgent than in Orca Britain, and its powers might be m- Undue prefer- •no*. CliiiinK au- tloM. Interchange (if Truffle. Timrtahlrn. Eicmlvx chamea cm Ii«»l tr»Wi'. erenNi'd with jfrcat a»lvftiitiiKo t)i tho puMic and all partioH coni't^rni'il. Tho iiiaxiiiiuiii fiircK forpaMHi'iiKciH iiin Hxi-il hy liiw, hut tilt' iiiitiiiniiiii jii« not. 'l\\v ('iiiiiiiiiHNiim could dftonnino wlu'tlicr it would lir iiiopcr to riuirj^e a paMHcMucr ahHolutidy a ){i('nt<'r humi to lii> cariiud n xhurt diHtanco limn a longer diMtancc. • So, also, in ronard to froi^jht. I'ast'H can Ik' hIiowh whore tho Mttuii' I'oinniodity, in i'i|uhI ipuiiitity, i** cairiod, nay Hvo ImkicIiimI Miili'H, lor liMs than the cliurge for onu luiadrod. Hundreds of paNcn can ho Hhown of partiiw who, }iy tho ftoridcnt of living a fow nulcM from the junction of coinp<'tinj{ iincM, arc olil'i(cil to pay rates out of all proportion groatur than thoMu ha iuj,' aci'c.H.s to stations at the jnnctinn. Cases are in oxistonco where uiantifactnroi-s team their products ten ndlcs to secure throuj.di rates from C(inpptinj{ riiihvays, while the railway at their doors will not carry for thcni except at local rates, Personal predilections should hav(! no place in businesH arrau;,'emeiits ; (Miuity should ride in the dealings of chartered companies with tlic pulilic, yet these maxims are utterly dis- ro;,'arde