Sir Bernhard Samuelson observes that terminal charges are a
necessary corollary of the Foreign mileage rates,[44] the scientific
basis of which he so much approves; the equity of, and right to make
terminal charges is equally a corollary to the system upon which
the rates in this country have been fixed. The maximum charges for
the user of the road, the user of the truck, and the provision of
the engine are capable of being fairly measured by reference to the
distance travelled. They are, therefore, properly the subject of a
mileage rate. But the providing of station accommodation, and work
which the Railway Companies perform as carriers--as distinguished
from mere conveyance--have no relation to mileage. They must
reasonably be--as it has been held in the case of “_Hall_ v. _The
London Brighton and South Coast Railway Company_,” they legally
are--the subject of an additional charge.
We may here correct a common error. The opponents of terminal
charges are in the habit of speaking and writing of them as if the
companies claimed that they might at their own discretion demand
such payments as they thought fit.[45] The railway companies have
never contended that they were entitled to make arbitrary terminal
charges. Indeed, such a contention would be a legal absurdity.
On the contrary, they have always submitted that, while their
right to make those charges was undoubted, the amount must not
only be reasonable, but also be subject to review by the Railway
Commissioners under the 15th Section of the Regulation of Railways
Act, 1873. Sir Bernhard Samuelson is inaccurate in stating that
the railway companies proposed by their Bills of last Session to
make those charges subject only to their own discretion. While
strongly relying both upon their legal right and the justice of
their claim, the railway companies were willing to submit proposals
to the consideration of Parliament for a re-settlement of their
powers in this respect. But they expressly provided that the
Railway Commissioners should have power to hear and determine any
question or dispute which might arise with respect to the amount
or reasonableness of any terminal charge made by the company, and
that any decision of the Commissioners as to terminal charges should
be binding and conclusive on all Courts and in all proceedings
whatsoever;” words borrowed from s. 15 of the Regulation of Railways
Act, 1873.
[44] Report to Associated Chambers of Commerce.
[45] “The claim of railways to charge terminals would have to
be considered if mileage rates are adopted in principle. That
charge could in no wise be left to the discretion of the railways
themselves, as was proposed in the Bills of last Session.”--Sir B.
SAMUELSON.
Public-domain text, read in full here on John Shaqi.
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