Governments have ever kept a watchful eye on railway companies. Up to 1875, the year at which we have now arrived, no less than 112 general Acts of Parliament affecting railways had been placed on the Statute Book of the realm. They were applicable to all railways alike, and in addition to and independent of the special Acts which each company must obtain for itself, first for its incorporation and construction, and afterwards for extensions of its system, for the raising of capital, and for various other purposes.
Many of the general Acts have been framed upon the recommendations
of various Select Committees and Royal and Vice-Regal Commissions, which have been appointed from time to time since railways began. From 1835 down to the present year of 1918 some score or more of these Committees and Commissions have gravely sat and issued their more or less wise and weighty reports.
What are these numerous Acts of Parliament and what are their objects, scope, and intentions?
Whilst neither time nor space admit of detailed exposition, not to speak of the patience of my readers, a few observations upon some of the principal enactments may not be inapposite or uninteresting.
Pride of place belongs to the Carriers’ Act of 1830, passed in the reign of William IV., five years after the first public railway (the Stockton and Darlington) was opened. This Act, although in it the word railway does not appear, is an important Act to railway companies, and possesses the singular and uncommon merit of having been framed for the protection of Common Carriers. It is intituled “An Act for the more effectual Protection of Mail Contractors, Stage Coach Proprietors, and other Common Carriers for Hire, against the Loss or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be Declared to them by the Owners thereof.” The draughtsman of this dignified little Act it is clear was greatly addicted to capitals. Probably he thought they heightened effect, much as Charles Lamb spelt plum pudding with a b—“plumb pudding,” because, he said, “it reads fatter and more suetty.” At the time this Act came into being, railways in the eye of Parliament were public highways, upon which you or I, if we paid the prescribed tolls, could convey our traffic, our vehicles, or ourselves. In the years 1838-1840 many of the companies obtained powers enabling them to act as public carriers; and in 1840 questions having arisen in Parliament as to the rights of the public in this respect the subject was referred to a Select Committee of the House of Commons. The Committee’s report disposed of the view which, until then, Parliament had held, and expressed the opinion that the right of persons to run their own engines and carriages was a dead letter for the good reason, amongst others, that it was necessary for railway trains to be run and controlled by and under one complete undivided authority.
After the Carriers’ Act, which applied to all carriers as well as to railways, the first general railway Act of importance was the Railways (Conveyance of Mails) Act of 1838. This Act enabled the Postmaster-General to require railway companies to convey mails by all trains and to provide sorting carriages when necessary, the Royal Arms to be painted on such carriages, and in 1844, under the Railway Regulation Act, it was further enacted that the Postmaster-General could require, for the conveyance of mails, that trains should be run at any rate of speed, certified to be safe, but not to exceed 27 miles an hour!
As I have said, the Select Committee of 1840 reported against the right of the public to run their own engines and carriages on railways. They made recommendations which led to the passing of the Railway Regulation Act of that year, and in that Act powers were, for the first time, conferred upon the Board of Trade in connection with railways. It was the beginning of that authority, which since has greatly grown, but which the Board of Trade have in the main exercised with an impartiality, which public authorities do not always display. The Act empowered the Board, before any new railway was opened, to require notice from the railway company. This power was repealed by an Act of 1842, and larger powers granted in its place, including the right to compel the inspection of such railways before being opened for traffic. The Act of 1840 also required the companies, under penalty, to furnish to the Board of Trade returns of traffic, as well as of all accidents attended with personal injury; and to submit their bye-laws for certification.
Of the railway mania period I have spoken in a previous chapter. For a time enormous success attended some of the lines. Amongst others the Liverpool and Manchester and the Stockton and Darlington enjoyed mouth watering dividends; the former ten, the latter fifteen per cent.! Said the Government to themselves, “’Tis time we saw to this,” and accordingly they passed the Railway Regulation Act of 1844. This Act provided that if at any time, after twenty-one years, the dividend of any railway should exceed ten per cent., the Treasury might revise the rates and fares so as to reduce the profits to not more than ten per cent. This expectation of high dividends, I need hardly say, has not been realised, and the Act in this respect has been a dead letter. The Act also conferred an option on the Treasury to acquire
future railways at twenty-five years purchase of the annual profits; or, if such profits were less than ten per cent., the price was to be left to arbitration.