Fifty Years of Railway Life in England, Scotland and Ireland — John Shaqi
Fifty Years of Railway Life in England, Scotland and IrelandTatlow, Joseph
History
Fifty Years of Railway Life in England, Scotland and Ireland
Tatlow, Joseph
Railroads -- Great Britain -- History
The Board of Trade, in 1871, was endowed with further powers. By the
_Regulation of Railways Act_ of that year, they were given additional
rights of inspection; authority to enquire into accidents, and further
powers in regard to the opening of additional lines of railway, stations
or junctions. And by this statute the companies were required to furnish
the Board of Trade with elaborate statistical documents, annually, in a
form prescribed in a schedule to the Act.
The only other important Act down to the year 1875 is the _Regulation of
Railways Act_ of 1873. This Act was passed for the purpose of making
"better provision for carrying into effect the _Railway and Canal Traffic
Act_ of 1854, and for other purposes connected therewith." In 1872 a
Joint Committee of both Houses sat and, following upon their report, this
Act was passed. It established a new tribunal, to be called the _Railway
and Canal Commission_, to consist of three Commissioners, of whom--one
was to be experienced in the law, one in railway business, and it also
authorised the appointment of not more than two _assistant_
Commissioners. As to the _third Commissioner_, no mention was made of
qualifications. This tribunal, though styled a _Commission_, conducted
its work as if it were a court; and a regularly constituted court in time
it became. By the _Railway and Canal Traffic Act_, 1888, the section in
the Act of 1873 appointing the Commission was repealed and a new
Commission established consisting of two appointed and three _ex officio_
Commissioners, such Commission to be "a Court of Record, and have an
official seal, which shall be judicially noticed." One of the
Commissioners must be experienced in railway business; and of the three
_ex officio_ Commissioners, one was to be nominated for England, one for
Scotland and one for Ireland, and in each case such Commissioner was to
be a Judge of the High Court of the land. Under the Act of 1873, the
chief functions of the Commissioners were: To hear and decide upon
complaints from the public in regard to undue preference, or to refusal
of facilities; to hear and determine questions of through rates; and to
settle differences between two railway companies or between a railway
company and a canal company, upon the application of either party to the
difference. The Act of 1888 continued these and included some further
powers.
In my humble opinion the Railway Commissioners have done much useful work
and done it well. For more than forty years I have read most if not all
the cases they have dealt with. On several occasions I have been engaged
in proceedings before them, and not always on the winning side.
CHAPTER X.
A GENERAL MANAGER AND HIS OFFICE
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