In the absence of those fixed rules which legislation alone can establish, frequent recourse is necessarily had to arbitration; which, however, is unsatisfactory in its results, owing, no doubt, chiefly to the difficulty of procuring an umpire at once sufficiently conversant with the facts and principles that should form the basis of judgment, sufficiently unbiassed to deal with them dispassionately, and at the same time acceptable to the railway companies. In cases of difference between individuals and large companies, the public feeling, as shown by the decision of juries and otherwise, is for the most part unduly favourable towards individuals; and, in like manner, in cases between companies and that largest of corporations the State, the feeling is unduly favourable to the companies; the more so as the companies can address ex parte statements to the public, while even the highest fixed officers in any Government department are bound by official etiquette to silence.
Further indication as to the true interest of railway companies in relation to the Post Office will be found in the following passage:—It may be remembered that I had, when chairman of the Brighton Railway Company, induced the directors to offer to the Post Office the almost gratuitous conveyance of an additional mail by every train between London and Brighton not already retained for postal service, and that this offer had been in part accepted. In the beginning of 1859, however, I learnt that the company, then under the chairmanship of Mr. Schuster, demanded payment for this additional service. Sincerely believing the demand to be contrary to the company’s true interests. I wrote to the chairman in earnest deprecation. I give the essential part of my letter:—
“15th February, 1859.
“My dear Sir,
* * * * * *
“I trust, however, that you will not lightly disturb the existing arrangements. You are mistaken as to the motives which induced the board, at the time I had the honour of being their chairman, to undertake the conveyance of the mails between London and Brighton at the present rates of charge. Our motive was not so much the benefit of the Post Office as that of the railway company; and the result of fourteen years’experience clearly establishes, I think, the policy of the measure.
“Beyond the limits of the London District there is no town in England which has equal postal facilities with Brighton; and the board will, I think, on reconsideration, agree with me in opinion that no inconsiderable part of the £20,000 a year obtained from the sale of season tickets is attributable to this cause.
“Any attempt to raise the charge upon us would necessarily lead to a diminution of service; and, in this way, the company as well as the public would suffer.
“As a shareholder, I am anxious on this point. . . .”