Another proposal of a somewhat similar character is, that the
Railway Commissioners, or some other special tribunal, should fix
the rates. Were a Court for the control of rates established with
the consent of all concerned, there would remain the question on
what principle are the rates to be framed? Are they to be according
to equal mileage, or, if not, in what other manner? What better mode
can be suggested than the past practice, which, as has been shewn,
has been beneficial to the community? Nor is it easy to understand
how any Court could fix all the incalculable number of rates, and
hear and determine all the practical questions certain to arise.
Even if a trifling proportion of the rates were fixed in this
manner, and the task in those cases were performed, with reference
to all the many circumstances now governing rates, complications and
difficulties must arise, and the Court would be placed in a position
of great, if not insurmountable, difficulty. So many anomalies
must be authorised that it would be impracticable for the Court to
decide consistently with precedents. In all probability the control
would either become nominal, or the whole system would have to be
recast. Nor must the serious loss of time by the staff of railways
in attending to such inquiries, and the consequent diminution of
the efficiency of their work in the actual regulation and conduct
of railway traffic be lost sight of. The costliness of inquiries
before such a Court is a secondary, but not an unimportant, matter.
In the hope of obtaining reduced rates, or of compelling a company
to raise the rates of a competitor in trade, or to raise the rates
to and from competing ports, some traders and merchants, separately
or combined, might risk the expense of applications to such a
Court.[92] But the general interest could not be promoted by the
creation of any such arbitrary and anomalous Court.
[92] In the case of the application of the North Wales Colliery
proprietors to the Railway Commissioners against the Great Western
Railway Company, on the ground that they charged coal from South
Wales to Birkenhead, 159 miles, at the rate of ·454d. per ton per
mile, as against ·893d. per ton per mile for their coal for 28
miles, the expense incurred by the Great Western Company, exclusive
of the time occupied by their own staff, was £1,433; and the time
which was taken up in preparing for, and in attending, the hearing
was very serious.
Public-domain text, read in full here on John Shaqi.
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