Were such Councils established here their duties would not be so
light as those which fall to them in Germany. There the questions
to be considered must be few, the time occupied in deciding them
short, owing to there being practically no competition, and to the
great bulk of the rates being based on a mileage scale. Much more
complex questions would arise here, much longer time must be taken
up in deciding them in England, where rates are adapted to all the
requirements of trade and competition in its many forms.
In Holland, Belgium, and France, railways have been constructed
with, in some cases, considerable financial assistance from the
Governments, and under concessions for certain periods. Not
unnaturally or unreasonably the Governments have reserved the right
to control the rates and charges to be made while a concession is
in existence, or when it ends. It will be found, however, that when
there is power to reduce the rates before the expiration of the
concession, the State guarantees the dividend in the event of loss
arising from the compulsory reduction. Such is the case in Holland.
The Dutch Law (Article 29) provides that reductions in the tariff
can at all times be ordered by the State. But if, in consequence
of such reductions, the net gain of the company be diminished,
compensation is to be paid out of the State Treasury, and any
dispute as to the amount of compensation is decided by a Court of
Justice. In no case, however, must the amount of compensation raise
the net profits of the year or years for which it is demanded above
8 per cent. of the Company’s capital. Thus the right to control
rates is part and parcel of a system wholly unlike our own. It
exists in a country where the State has helped to construct, and to
a very large extent actually constructed, railways. It is alien to
this country, where capital for the whole of the railways has been
provided by private individuals, on the faith of the powers to levy
the tolls and rates fixed in their private Acts.
Public-domain text, read in full here on John Shaqi.
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