The State and the Railways
In the Railway Regulation Act, 1842, (5 and 6 Vict., c. 55,) entitled "An Act for the better Regulation of Railways and for the Conveyance of Troops," it was provided, by section 20:—
Whenever it shall be necessary to move any of the officers or soldiers of her Majesty's forces of the line ... by any railway, the directors shall permit them, with baggage, stores, arms, ammunition and other necessaries and things, to be conveyed, at the usual hours of starting, at such prices or upon such conditions as may be contracted for between the Secretary at War and such railway companies on the production of a route or order signed by the proper authorities.
This was the first provision made in the United Kingdom in respect to the conveyance of troops by rail. It was succeeded in 1844 by another Act (7 and 8 Vict., c. 85,) by which (sec. 12) railway companies were required to provide conveyances for the transport of troops at fares not exceeding a scale given in the Act, and maximum fares were also prescribed in regard to public baggage, stores, ammunition, (with certain exceptions, applying to gunpowder and explosives,) and other military necessaries. In 1867 these provisions were extended to the Army Reserve. Further revision of the fares and charges took place under the Cheap Trains Act, 1883, (46 and 47 Vict., c. 34,) entitled "An Act to amend the Law Relating to Railway Passenger Duty and to amend and consolidate the law relating to the conveyance of the Queen's forces by railway."
State control of the railways in case of war was provided for under the Regulation of the Forces Act, 1871, (34 and 35 Vict., c. 86,) "An Act for the Regulation of the Regular and Auxiliary Forces of the Crown, and for other purposes relating thereto." Section 16 laid down that—
When her Majesty, by Order in Council, declares that an emergency has arisen in which it is expedient for the public service that her Majesty's Government should have control over the railroads of the United Kingdom, or any of them, the Secretary of State may, by warrant under his hand, empower any person or persons named in such warrant to take possession in the name or on behalf of her Majesty of any railroad in the United Kingdom, and of the plant belonging thereto, or of any part thereof, and may take possession of any plant without taking possession of the railroad itself, and to use the same for her Majesty's service at such times and in such manner as the Secretary of State may direct; and the directors, officers and servants of any such railroad shall obey the directions of the Secretary of State as to the user of such railroad or plant as aforesaid for her Majesty's service.
Any warrant granted by the said Secretary of State in pursuance of this section shall remain in force for one week only, but may be renewed from week to week so long as, in the opinion of the said Secretary of State, the emergency continues.
Provision was also made for the payment of "full compensation" to the interests concerned.
The powers of control thus acquired by the Government followed, in effect, closely upon the precedent already established in the United States, (see p. 16,) even although they were not defined with the same elaborate detail. On the other hand greater emphasis is laid in the English Act on the provision that the Government "may take possession of any plant without taking possession of the railroad itself." This gives them the right to take over the locomotives and rolling stock of any railway in any part of the United Kingdom, even though the lines in question may not themselves be wanted for the purposes of military transport.
Under the provisions of the National Defence Act, 1888, (51 and 52 Vict., c. 31,) traffic for naval and military purposes is to have precedence over other traffic on the railways of the United Kingdom whenever an Order for the embodiment of the Militia is in force.
It was by virtue of the above section of the Act of 1871 that the Government took control over the railways of Great Britain on the outbreak of war in 1914.
As regards the earlier Acts of 1842 and 1844, these were mainly domestic measures relating to the conveyance of troops in time of peace rather than war. The beginnings of organisation of military rail-transport for the purposes of war followed, rather, on a realisation both of the possibilities of invasion and of the weakness of the position in which England at one time stood from the point of view of national defence.