In the Railway and Canal Traffic Bill (1886) was also embodied a
proposal to the effect that any person who was of opinion that a
company was charging an unfair or unreasonable rate might make a
complaint to the Board of Trade, who were to be entitled to call
on the company for an explanation and to appoint one of their
officers, or a competent person, to communicate with the company
and the complainant, and to endeavour to settle the difference
amicably between the parties. The Board of Trade were from time to
time to submit to Parliament reports of the complaints so made, the
results of their proceedings, and such observations as they should
think fit. The effect of this provision would have been startling.
Even where a rate was within a company’s powers--although undue
preference was not alleged--at the instance of a trader desirous
of obtaining a reduced rate which had been refused by a company
and believing that either his own circumstances or those of other
traders entitled him to communicate with the Board of Trade, the
railway company would be called upon to prove to the Board of Trade
that the claim of the trader ought not to be granted. It would be,
in effect, litigation made easy and cheap, whether the complaint
was good or bad. The President, Vice-President, Secretary, or
Assistant-Secretary of the Board of Trade could not spare the time
necessary to master the numerous difficult questions and details as
to the rates.[97] Notwithstanding the great ability with which that
department is conducted, these officials could not deal with such
questions in the same way or within the same time as the traders
and the representatives of the companies are able. The companies
would probably be burthened with correspondence and discussions on
matters already fully gone into in negotiation. The discussion would
be necessarily carried on through subordinates or nominees of the
Board of Trade, who, it is not presumptuous to say, would be neither
interested in, nor specially trained to deal with, such questions.
Suppose that the representatives of the Board of Trade and the
railway companies disagreed as to the necessity or reasonableness of
a reduction in rates, the former would have no authority to compel
the companies to comply with their views. Would not the result
probably be a cry that Parliamentary powers should be conferred on
the Board of Trade to enforce their conclusions? Such a policy would
in the end place the railway companies of the country, whose capital
has entirely been raised by private enterprise, in a worse position
than the railway companies in Holland where the State has done so
much for them, or in France, where it has guaranteed the dividends.
Public-domain text, read in full here on John Shaqi.
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