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The life of George Stephenson, railway engineer - Lighthouse ...

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468 KAILWAY SYSTEM AND ITS EflSULTS.<br />

and eighty-six different Acts ! Of<br />

in the present reign.<br />

these the greater part were passed<br />

But it is not so much the number <strong>of</strong> the statutes regarding <strong>railway</strong>s,<br />

that excites surprise. <strong>The</strong> extraordinary feature <strong>of</strong> the Parliamentary<br />

legislation and practice consists in the anomalies, incongruities, irre-<br />

concilabilities, and absurdities which pervade this mass <strong>of</strong> legislation.<br />

A Commission was appointed a few years since for the consolidation<br />

<strong>of</strong> the Statute Law. If ever that Commission should have to deal<br />

with Railway Law it will indeed find itself in a dilemma. It will find,<br />

that the legislation for <strong>railway</strong>s, both in principle and in detail, is<br />

and that the only way <strong>of</strong> escaping the difficul-<br />

utterly irreconcilable ;<br />

ties <strong>of</strong> the position would be to sweep the whole from the statute-book<br />

and legislate afresh.<br />

i^ot only is the legislation irreconcilable, but throughout the quar-<br />

ter <strong>of</strong> a century during which attention has been given to this branch<br />

<strong>of</strong> legislation, the Acts <strong>of</strong> the Parliament have been wholly at variance<br />

with its own principles. To illustrate this : Several different Select<br />

Committees have, at various times, deliberately reported against the<br />

possibility <strong>of</strong> maintaining competition between <strong>railway</strong>s, and to this<br />

principle Parliament has as <strong>of</strong>ten assented. Yet the practical operation<br />

<strong>of</strong> the laws, which have received legislative sanction, has been<br />

throughout and at the same time directly to negative this principle, '<br />

by almost invariably allowing competition to be obtained, wherever<br />

it has been sought ! Parliament, therefore, has been adding to the<br />

capital <strong>of</strong> Railway Companies, whilst it has been sanctioning measures<br />

to subdivide the trafiic. <strong>The</strong> decline <strong>of</strong> dividends was an inevitable<br />

consequence.<br />

Again : In 1836, the House <strong>of</strong> Commons required its Committees<br />

upon Railway Bills specially to report as to the probability <strong>of</strong> <strong>railway</strong>s<br />

paying. This principle has, however, been gradually departed from,<br />

until such inquiry is now considered and treated as utterly unimpor-<br />

tant. Legislative sanction having been given to a line, it might be<br />

supposed that Parliament would also grant adequate protection, exact-<br />

ing from the <strong>railway</strong> certain public facilities and advantages, in return<br />

for the rights afforded to it. But, instead <strong>of</strong> doing this, the practice<br />

has been precisely the reverse. Whilst the Legislature and the Government<br />

have exacted facilities and advantages, even beyond what<br />

they had a fair right to demand, so far from protecting the interests <strong>of</strong><br />

those to whom they conceded the right <strong>of</strong> making the line, they have<br />

allowed—nay, they have encouraged—every description <strong>of</strong> competition<br />

! What has been the result ? As regards the completeness and<br />

perfectness <strong>of</strong> the line first made, obviously it must hayp bepn most

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