To legislation in Continental countries as to the fixing of rates,
we only briefly refer; in Appendix III. are full details as to
the law on this subject of Prussia and the German Empire. It may,
however, be here observed that the Prussian General Railway Law of
1838 provided for a reduction of rates when the net profits exceeded
10 per cent.; that the concessions to private companies stipulate
for the control of the Government over rates; but that, in recent
concessions, greater freedom is accorded to the companies, which
may, within certain maximum limits, modify rates at pleasure. Such
legislation is well worthy of attention; only it may be suggested
that it is not reasonable to pick out for commendation this or that
provision without regard to its concomitants--to propose to adopt
provisions to the disadvantage of railways, and to ignore those
which recompense them.
In Germany exist District Consultative Councils or Conciliation
Courts, which deal with all questions relating to conveyance of
goods on railways, and with the application of existing tariffs and
the introduction of new local tariffs. It has been stated that those
Councils or Courts are of great practical utility. Whether this be
so or not the circumstances under which Conciliation Boards are
appointed in Germany are very dissimilar to those of the railways
in this country. Their constitution is peculiar; similar elements
do not exist here. These Boards are composed of representatives of
the Government as workers of the railways and representatives of
the traders as users of them. Both, however--the nominees of the
Government and the traders--may be said to represent the owners
(in reality--the public) of 85 per cent. of the lines, who are
liable for any loss in working them. In this country neither the
Government nor the traders are the owners.[96] Moreover, in Germany
the representative of the Government which controls the working of
the railways, has, in fact, the power of fixing any rate by his
final decision, whatever may be the views of the traders or the
Conciliation Boards. In the last resort the owner of the lines
controls the rates.
[96] The railways in this country are governed by directors who
have shares in the respective undertakings, and represent the
shareholders (assumed to be about 500,000), but generally their
interest in the railways is relatively small compared with that
which they possess in land, manufactories, collieries, ironworks,
and commerce &c., besides which from their local connections,
and as public men, they are keenly alive to the requirements of
agriculture, trade and commerce, and in reality represent those
interests to a much greater extent than is sometimes assumed to be
the case.
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