[97] In a case of the kind referred to, which was brought before the
Board of Trade when the Bill was before Parliament, as a skilled
officer of the company was occupied 150 hours, in preparing the
information alone to reply to the Board of Trade, irrespective of
the time occupied by others in analysing the information, and in
corresponding with the Board of Trade on the subject, all of which
had no practical result.
When we are invited to place in the hands of a tribunal the control
of the rates, it is expedient to note the difficulties which the
Railway Commissioners seem to have felt in dealing with the various
questions raised before them, and the manner in which they have
dealt with them.
In determining under the Traffic Act questions of alleged undue
preference, they have been obliged to express their opinion on the
reasonableness of particular rates. As to the legal correctness
of their decisions, nothing need here be said; for the present
purpose it may be assumed that they are open to no legal exception,
and we fully recognise the ability and care which they manifest.
Only their economical effects are here considered. There would be
no difficulty in showing that they have acted upon principles, so
far as they have acted upon any, which have not merely not been
sanctioned, but have been condemned, by every Royal Commission or
Select Committee which has inquired into the subject, and by almost
every economist of eminence. On the part of the Commissioners there
have been--not unnaturally--some waverings in opinion. But on the
whole, they appear to have attempted to frame rates according to
cost of service; and they appear not to admit that the existence
of competition is a reason for varying them. Now, in the first
place they apply--it may be added, necessarily apply--the cost of
service principle in an imperfect fashion. They deal only with
undue preference in regard to the same or very similar articles.
They do not say, what consistent adherence to the theory would
compel them to say, that a ton of coals and a ton of tin ingots
must be carried at much the same rate; they are bound by the
existing classification, which forbids this. Occasionally their
decisions are indeed curiously inconsistent in many respects, as
was probably inevitable, where they were called upon to face the
commercial results which would have followed a too rigid adherence
to some of the principles by which they felt themselves bound.[98]
In the case of the _Nitshill and Lesmahagow Coal Company_ v.
_Caledonian Railway Company_,[99] the defendant company claimed to
charge more for carrying cannel coal, which, it was alleged, cost
38s. a ton, than they charged for carrying splint, which cost 15s.
6d. On the principle on which the classifications in most special
Acts were framed, this would be reasonable; the more valuable
article could bear more, and ought to pay more. But the Railway
Commissioners decided differently. “As the quality of coal does not
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