The Trent and Mersey Canal Act of 1776, for example, authorised the construction of a "rail-way" from the canal to the Froghall quarries, a distance of three and a half miles.[32] In 1802 the same company obtained authority to construct three "railways" extending from their canal in various directions. The preamble of the Act (42 Geo. III. c. 25) recited that the lines would be of "great advantage to the extensive manufactories of earthenware ... and of public utility," and the Act accordingly sanctioned the lines "for the passage of waggons and carriages of forms and constructions, and with burthens suitable to such railways, to be approved by the company," at rates duly specified. These various railways, together with the Trent and Mersey Canal itself, were, in 1846, taken over by the North Staffordshire Railway Company, whose general manager, Mr W. D. Phillipps, informs me that portions of two of them are still in daily use. They are laid with cast-iron tram plates, with flanges to keep the wheels in place, and ordinary waggons {211}and carts use them to get from the canal basin to the high road, a few hundred yards away, the same rate of toll being charged as on the canal. Mr Phillipps further says: "Our Froghall tramway rises 400 feet from the level of the canal to the quarry, passing by means of a tunnel through an intermediate hill, and it is worked entirely by gravitation, there being four inclined planes of various lengths and inclinations. The gauge is 3 feet 6 inches. It is practically the same as when laid down over 100 years ago. We convey over it nearly 500,000 tons of limestone annually, and I find it a cheap and expeditious mode of conveyance." I would call special attention to these details because it was, no doubt, the fact that ordinary road carts, with flat-edged wheels, could be taken along the flanged plates of the early railways, and were so taken under authority of the Acts of Parliament here in question, that originally established the idea both of a common user of the railways by traders employing their own vehicles upon them and of competition being thus ensured between different carriers. The pioneer public railways, provided as accessories to canal transport, were, indeed, looked upon as simply a variation, in principle, of the ordinary turnpike road. They were roads furnished with rails, and available for use, on payment of the authorised tolls, by anyone whose cart-wheels were the right distance apart. The position in this respect was entirely changed when the system of railway operation came to be definitely fixed on the principle of edge-rails and flanged wheels, with locomotives in place of horses; yet the legislation immediately following the spread of railways on this vastly different basis was still determined, as regarded their use by the public, by the precedent originally established under the conditions here narrated.