Is it fair that anybody should pay anything at all for travelling
on the railways? That is the question which must finally be
considered, if Mr Francis' preliminary questions are to be
entertained. Because some part of the capital of the shareholders
may have been needlessly expended, they ought in this view to
receive a less amount of interest for the remainder! The silliness
of the above passage is so supreme--the ignorance which it displays
of the first rules of law and equity, regarding property, is so
profound, that it is hardly worth while exposing it. It betrays an
obliquity of intellect of which we had not previously suspected
even Mr Francis. Pray observe the exquisite serenity with which
this important personage opens his case: "The question which is now
proposed!" Proposed--and for whose consideration? Not surely for
that of the Legislature, for the Legislature has already pronounced
judgment. Are the public to take the matter in hand, and decide
on the tables of rates? It would seem so. In that case, we might
indeed calculate upon travelling cheap, provided the rails were not
shut up. But the whole of his remarks are as practically absurd
as they are mischievous in doctrine. What right has Jack, Tom, or
Harry to question the cost of his conveyance? Are there not, in
all conscience, competing lines enough, independent altogether
of Parliamentary regulations, to secure the public against being
overcharged on the railways? On what authority does Mr Francis
assume that a single acre of the land was paid for at an unjust
rate? Mr Robert Stephenson's estimate, we take it, has not the
authority of gospel. No engineer's estimate has. Their margin is
always a large one; and it almost never happens that, when the
works are completed, their actual cost is found to correspond with
the hypothetical calculation. But the truth is, that the value
paid for the land taken by railways is the only item of expense
which cannot be justly challenged. The reason is plain. A railway
company has in the first instance to prove the preamble of its
bill--that is, it must show to the satisfaction of the Legislature
that the construction of the work will be attended with public and
local advantages. The settlement of the money question, regarding
the value of the land, is reserved for the legal tribunals of the
country. To complain of the verdicts given is to impugn the course
of justice, and to cast discredit on the system of jury trial.
Very wisely was it determined that such questions should be so
adjudicated, because no reasonable ground of complaint can be left
to either party. The decision as to the value of the land, and the
amount of compensation which is due, is taken from the hands both
of Ahab and Naboth, and their respective engineers and valuators,
and intrusted to neutral parties, whose duty it is to see fair play
between them.
Public-domain text, read in full here on John Shaqi.
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