When railways were first authorised, it was everywhere anticipated,
strange though it may now appear, that the companies would be
merely toll takers, and that the public, or carriers, would use them
in the same manner as turnpike roads. Every railway was to be a
highway; every one of the King or Queen’s subjects was to be free to
use it. Many statutes bear traces of this, now apparently, curious
assumption. The private Acts, as a rule, contained no provision for
the companies themselves acting as carriers. The classification of
the articles to be carried and the tolls to be taken were borrowed
from the canal Acts. No very clear principle of classification ran
through the special Acts. The classification in the main, however,
probably accorded with the considerations pointed out by Adam
Smith, who drew attention to the inconvenience of levying tolls on
turnpike roads solely according to weight.[33] Speaking broadly,
the tolls were in accordance with the ideas as to indirect taxation
prevalent at the time when canals began to be largely constructed.
In the original classification one may trace a desire to encourage
agriculture, and the manufacture of iron, and such articles as
were, generally speaking, carried in large quantities. Articles of
general use in manufactures and raw materials were to be carried
cheaply. The omissions from the lists of articles are remarkable.
Such commodities as coal, iron ore, bricks, clay, manure, slates,
stone, bar and pig iron, heavy iron castings, anvils, chains,
timber, grain, flour, sugar, hides, dye-woods, earthenware, drugs,
cotton and wool, were enumerated. On the other hand, machinery,
hardware, hollow-ware, cutlery, glass, ale, wines and spirits,
grease, oils, soap, drysalteries, paints, colours, paper, leather,
floor-cloth, and textile fabrics, were not named; they came under
the general description of “manufactured goods, articles, matters or
things,” and might be charged the highest maximum rates. The special
Acts contained, as a rule, an enumeration of only 40 to 50 articles
in three to five classes.
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