Railways and tine Board of Tradé RAILWAYS AND THE BOARD OF TRADE. LONDON: EFFINGHAM WILSON, ROYAL EXCHANGE. MDCCCXLV. 111^ LIBRARY eURLAU OF RAILWAY ECONCViC^ v/a Note.—The greater part of this pamphlet was written nearly three weeks since. The occupations of the author have pre¬ vented him from issuing it until now. LISRARY eUREAU CF RAILWAY ECONOMICS WASHINCTOM, D. C. 13^ i RAILWAYS & THE BOARD OF TRADE. THERE has arisen within these few months a tribunal in this country, which, if only on account of the vast interests with which it deals, deserves the careful observation of all classes of society ; but, inasmuch as it is founded on a principle altogether new among us; that it works in absolute secrecy; is irrespon¬ sible until it has accomplished its purpose, whether for good or for evil ; and has already, in the very outset of its existence, acted with such rashness as to sur¬ prise even those who foreboded the greatest evils from its establishment,— men may well watch its proceed¬ ings with anxiety, not unmingled with dread. Hitherto it has been characteristick of this nation, that the great works which abroad are executed at the suggestion, with the funds, and under the super¬ intendence of the state, are here undertaken, ac- Acomplished, and managed by private persons. Some¬ times alone, with their individual funds, as in the noble instances of Sir Hugh Middleton and the Duke of Bridgewater ; more frequently by a combination of 4 many persons, united either by a deed of settlement into a partnership, with most of the liabilities of ordi¬ nary traders ; or incorporated by royal charter or act of parliament which protect them in a limited degree from indefinite responsibility. And well may the people of England exult at the triumphs which this system has produced—rivers have been spanned by bridges, which may vie in usefulness and beauty with the greatest works of antiquity ; canals have carried to the manufacturers the material of his industry, and again have enabled him to transport the produce of his ingenuity, at but small expense, to the distant consumer ; docks have been opened, fit for the re¬ ception of the navies of the world ; vast tracts of land have been conquered from the sea, and now form the most fertile portions of England—in short, this system has accomplished the imperial works of the poet ; it has " Bade liarbours open, public ways extend ; Bade temples worthier of the God ascend: Bade the broad arch the dangerous flood contain, The mole projected break the roaring main ; Back to his bounds their subject sea command, To pour obedient rivers through tlie land." But the combined exertions of private persons, unburthened by the patronage and unrepressed by the interference of the executive Government, have far surpassed all that the imagination of the poet could invent. Sums of money so vast as to startle the understanding, have been contributed, and in the 5 raain, profitably to the subscriber, for the con¬ struction of roads, which, in so undulating a country as England, must needs be nearly level; filling up valleys and perforating mountains ; which could not avoid impediments by sudden curves; and which had every physical difficulty aggravated and the pecuniary cost greatly increased by the re¬ strictions of the Legislature. More than 2,000 miles of Railway have been constructed within twenty years, at an expense of nearly seventy mil¬ lions of pounds, voluntarily contributed by indivi¬ duals, in the exercise of their own discretion, subject to their own control, and with a view to their own profit—a view which, if sometimes disappointed, has been generally realized, and often to an extent far exceeding the most sanguine expectations of the speculator. But it cannot be denied, that the promoters of Railways are not more infallible than the rest of mankind.—The merchant or the tradesman some¬ times embarks his fortune in unprofitable specula¬ tions. The illustrious man who conceived and executed the princely task of supplying a metro¬ polis with water, exhausted his fortune, and was reduced in his old age to the brink of indigence, by a work which has enriched his successors. The Duke of Bridgewater, when engaged on the vast un¬ dertaking which has been a source of wealth to his descendants, felt it prudent to abandon the pomp belonging to his rank, and confine his expenditure to the limits of a rigid economy. So men have some- 6 times engaged in Railway speculations, which hav« not yet realized their expectations, however beneficial the undertaking may be to the public now, and however profitable to the proprietors hereafter. So, likewise, there are seasons when, more than at others, the public is prone to Railway specula- lations ; partly from the accumulation of capital, and the impossibility of finding for it profitable in¬ vestments; somewhat, perhaps, from that kind of con¬ tagion which seems at times to infect men, and to impel them to unprofitable rivalry and rash adven¬ ture. Hitherto, however, this evil has been ade¬ quately checked by the prudence of the Legislature, the only legitimate controlling power. No laws in a free state can protect individuls who think fit to embark their whole fortunes in enterprises of doubt¬ ful or remote advantage; it is enough that under¬ takings which require the authority of the state for their accomplishment, should undergo, before the competent tribunal, a careful and impartial ex¬ amination. Such an examination 1, who am well acquainted with the matter, have no hesitation in affirming that Railway Bills do now undergo from Parliamentary Committees, as at present constituted. Patient these committees are, incredibly patient, under the severest trials ; intelligent, business like ; usually, as to a majority of their members, well conversant with the matters discussed ; inaccessible, now-a- days, to solicitation, and beyond all suspicion of cor¬ ruption ; acquainted with tlic wants of ihc country ; \ 7 duly regardful of the rights of private property ; and capable of hearing and very ready to hear the representations, adverse or favorable, of all parties affected by the project before them. That the inquiry before a committee of either House is costly, cannot be denied ; but it is difficult to conceive how matters so multifarious as the objects of those inquiries are, can be investigated by the testimony of eminent witnesses, unless at great expense. This is certain, that no conceivable tribunal can be more cheaply or immediately accessible, by any person complaining of grievance or seeking protection. I have seen illiterate, injudicious, unprofessional persons listened to by a committee on a Railway Bill with the ut¬ most indulgence, whilst they were pertinaciously urging some real or imaginary grievance ; and some¬ how or other, what from the fear of alienating the committee, by rendering notorious a refusal of jus¬ tice, what from the dread of strengthening the case of rival projects, Railway companies are kept in very tolerable order, when they are looking forward to the necessity of seeking anything from a com¬ mittee of the Commons, and still more of the Lords. The year 1844 was rife in Railway projects. Money was abundant ; the channels in which to pour it with safety and a chance of profit, few. Much was invested in foreign Railways, although the adventurer knew that he could exercise little influ¬ ence in the management of the undertaking, even in time of peace ; none, in case of war. But English Railways were the favourite subject of 8 pecuniary investment, and wisely so. Some of the established lines were paying their proprietors from ten to fifteen per cent. ; few were unprofitable, unless from gross mismanagement. How many schemes altogether were suggested I do not know : some perished in the birth ; many were mere branches from existing lines ; many were incom¬ patible one with another : they were rival (or ac¬ cording to the parliamentary phrase, competing ") lines ; so soon as one should receive the authority of Parliament, the other would cease to exist ; each had, in the eyes of its own partisans, merits pecu¬ liar to itself ; Parliament was fully competent to decide between them ; and by that ordeal the pro¬ moters were willing that their schemes should be tried. Few ministers are more dangerous than^those, who think that every evil, or every movement of the public mind which they deem evil, must be met by some new legislative enactment, and controlled by some new department of the executive Govern¬ ment- Wise men, experienced statesmen, know that excitement of whatever sort, excepting, per¬ haps, that of polemical divinity, is of its essence, transitory ; and they content themselves with using the remedies which the constitution has in store. Not so with Gladstone, rash, busy, and of abundant vanity ; uneasy at finding himself restrained in all the more important functions of his office by the prudence of the head of his Government, he saw in Railways a career in which he could exercise un- 9 wonted authority. Thus he comes down to the House of Commons at the end of the session with a Joint Slock Companies Bill, so monstrous and tyrannical in its provisions, and so absurd in its construction, that he was obliged, not without the display of some bad faith and much bad temper, to abandon those portions of it which had mainly prompted its introduction. He sees that Railway Acts are very bulky, as indeed they are ; tells the House that the mere engrossment of them costs two hundred pounds ; never tells them, though he knew it well, that of this large sum one hundred and ninety pounds consists of a fee to the officers of the House, wdnch the promoters must pay, though it avails them nothing ; and forthwith—still, and always at the end of the session—introduces three crude Bills, winch he lays on the table of the House; and which, by a bungling savouring of the confusion of ideas attributed to the inhabitants of the sister country, he recommends the framers of Railway Bills to adopt and deal with as though they were, what in their present state it is greatly to be hoped they never will be, the law of the land. How Parlia¬ ment, how land-owners, how the numberless per¬ sons who find it needful to watch, perhaps oppose, particular Bills, on account of some of the clauses usually inserted in them—but now by Mr. Gladstone's desire, only supposed to be in them—are to deal with Railwav Bills this session, no mortal 'can guess. But the great mischief was still to be accom- 10 plished) and for its perpetration the ready means suggested itself of a new department ; a Board auxiliary to the Board of Trade—itself only a subor¬ dinate department of the Government. Again, at the end of the session, when most of the members had left London, and those who remained were wearied by sittings, vvhich lasted froni midday to midnight, and were perhaps frightened at the pros¬ pect of the private business which thretaened them for the next session, Mr. Gladstone, with more of astuteness than candour, obtained a standing order of the House, requiring that all those documents relating to Railway Bills, which Parliament requires for its information, should be deposited with the Board of Trade; and he at the same time procured authority to create that subsidiary Board, whose reckless doings have filled all men with surprise. Little did the House of Commons dream, worthy of all censure would it have been had it supposed, when it permitted the Board of Trade to make pre¬ liminary inquiries into one or two of the details concerning Railways, that it was in fact abrogating its functions ; delegating to the Executive im¬ portant duties proper to the Legislature ; divesting itself practically of the power to deal with the vast and multifarious interests involved in these great undertakings ; and handing over, not to the crown, but to a few clerks in a subordinate Government- office the control of the means of communication in this empire. Thus, however, the Railway department of the 11 Board of Trade was created ; and it remained to be seen who should fill the oflSce. The selection was no easy task ; its difficulty, however, might have been foreseen ; and it therefore affords no apology to the minister, if he has erred in his choice. It behoved him to appoint men of such a station as to be above the reach of influence, and beyond temp¬ tation to corruption ; men who would scorn to prop up their decisions by unjustifiable concessions to the parties affected, doling out little benefits here to compensate for greater disappointments else¬ where ; of minds sufficiently capacious to compre¬ hend the extent and importance of their task ; cau¬ tious, deliberate ; not only conversant with the prin¬ ciples and the details of Railways, but of such re¬ putation for knowledge and discretion, as to induce the engineer, the capitalist, the land-owner, and the public readily to defer to their judgment. And whom has Mr. Gladstone appointed? I would willingly avoid the inquiry ; it is infinitely irksome to me to discuss the personal qualities of gentlemen, most of whom are, I dare say, desirous of well discharging their duty to the publick ; against whom 1 have, as yet, no other specifick ground for complaint than their utter hopeless incompetency, and their entire ignorance of the proper limits of their functions, and the consequences of their own acts. But the inquiry is inevitable. These persons have not hesitated to handle secretly, and (as I shall presently show) with most insufficient information, 12 interests of enormous magnitude and ramified into a thousand branches ; they have done what in them lies to destroy property of vast amount ; to deprive large districts of the best means of Railway commu¬ nication, and to establish a principle jn the selec¬ tion of those undertakings, so dangerous, that if it is confirmed by the Legislature, the remotest posterity will rue the day when this department was created. Men who assume, and (as I believe) usurp these functions, must submit to have their qualifications for the discharge of them unsparingly scrutinized ; and I will not be deterred by any silly affectation of delicacy, from demonstrating, by the intellectual character of the individuals from whom they ema¬ nate, how worthless the judgments are which have of late issued from this tribunal. First in place, and perhaps in capacity, is Lord Dalhousie, a man of business and of considerable acuteness ; and if the Board had been composed only of such as him, probably small mischief would have been done. He knows little if an y t hi tig of the construction of Railways; has, I should think, but very indistinct notions of the ineamng of a datum line, and would be infinitely puzzled to de¬ monstrate an error on a section. But if Lord Dalhousie had all the qualifications which I have predicated as essential to a good member of this Board, they would avail us nothing, for his lordship fills the laborious, or what ought to be the laborious, office of Vice-President of the Board oí Trade. He 13 cannot possibly have time to inquire into these pro¬ jects; he must form his opinions upon the state¬ ments of his colleagues. Of General Pasley I would desire to speak with all respect, out of gratitude to him for the great services which, in the zenith of his bodily and mental powers, he rendered to the country. He knows too well the caution and deliberation re¬ quired in surveying a country, to have affected to bring his knowledge as an engineer to bear in any but the most superficial and perfunctory manner upon the innumerable questions which have been pre¬ sented to the Board, and (incredible as it may seem) decided by them, since the 30th of Novem¬ ber last. Besides, he is an Inspector of Railways ; an ofBce which, as it produces a salary, is, I hope, also not unproductive of work. Of Railways, consi¬ dered as a great national system, General Pasley, I know, does not pretend to judge—he is an engineer, and that is all. Mr. Porter is the third member of this illustrious body ; and a very worthy, industrious man he is. He was a wine-merchant, and in the year 1832, or thereabouts. Lord Auckland, who was then Presi¬ dent of the Board of Trade, promoted him to a clerkship in that department, upon the credit of cer¬ tain very useful statistical tables and papers, which he was in the habit of preparing for an annual publication. His office of Superintendent of the Statistical Department of the Board of Trade, Mr. Porter still holds, with much credit to himself. It 14 ought to be a laborious office, and, as I know Mr. Porter to be a conscientious person, I believe, that, in fact, he devotes most of his life to it. He is also an Inspector of Railways. Thus he has no time to look, and most assuredly he does not look nar¬ rowly into the projects on which he reports ; nor, if he did look into them, would his opinion be of any weight. Few men know better than he does the aggregate length of all Railways ; their cost, per¬ haps the average cost of each per mile ; the num¬ ber of casualties which have occurred in a given space of time ; and, very possibly, he has calculated what are the chances of any hundred men arriving at their destination alive, if they start by a third- class train on the Great Western Railway. But beyond this table-work, Mr. Porter, even if he had time, would be a very incompetent guide in Rail¬ way matters. Mr. or Captain O'Brien follows in the order of signature, and plays a very prominent part in the Board; indeed,between him and Mr. Laing, the whole burthen of the office is notoriously borne. Captain O'Brien was Secretary to the Home. Secretary, and is a brother of the Superintendent of the South-Eastern Railway. He was himself Secretary to the Great North of England Railway, an office which he left for his clerkship in the Board of Trade. He is evidently a man of energy and ability, but the cir¬ cumstances I have mentioned, foreboded that his decisions would unavoidably be regarded with great mistrust, and the event has verified those forebodings. 15 Last in order, but far the first in influence, comes Mr. Laing, the chief instrument in Mr. Gladstone's hands, if, indeed, he was not that minister's promp¬ ter in suggesting the hasty, bungling measures at the close of the last session, to which I have alluded. Mr. Laing was either a barrister or an attorney, and of so little success in his profession, whichever it was, that a short time since he became a clerk in the Board of Trade, at a salary of about three or four hundred pounds a-year. He is laborious, easy of access, and (with the exception of an excessive, and, toa plain man, somewhat alarming astuteness, and an unceasing watchfulness for the aggrandizement of the office which he has, by almost imperceptible de¬ grees, created for himself) he is, I have no doubt, a very virtuous and respectable person ; but to say that Mr. Laing is in any one single respect qualified to judge what Railways ought to be constructed in this kingdom ; nay, to assert that he has any talents, natural or acquired, which should induce his most intimate friend to consult him, excepting out of courtesy, as to the direction of a garden-path, would be to sacri¬ fice truth most needlessly to compliment. And yet Mr. Laing deals with the subjects brought he- fore him as though he were conscious of faculties fit to bear the weight of mightiest monarchies ; and, as though the noble projects which have anxiousl)'' occupied the study of engineers-—that class of men whose genius is the main prop of this country un¬ der pecuniary burthens, which but for them would well nigh crush it—projects which liave attracted 16 the wealth of the capitalist, which agitate populous towns, rouse from their apathy rural districts, and induce great land-owners to allow their paternal acres to be invaded, were things by his capacious mind immediately conceived and intuitively to be judged of. Quite recently he thought it befitted him to receive, single-handed, at his levee, deputa¬ tions from a dozen towns in England, headed by members of parliament and borough magistrates. There was a time when county members and the representatives and mayors of ancient towns ex¬ pected that they should be listened to by a minister of the crown, if deputed to explain the wants of their constituents ; but the Railway de¬ partment has altered all that. Not even the Vice- Chairman of the Board of Trade was there, and, it seems, that these deputations, conscious, no doubt, of the power of mischief which Mr. Laingcan wield, condescended, without a murmur, to present their memorials, and utter their petitions to a clerk in a Government office Verily, I greatly mistake my countrymen if this system lasts. There is also a Captain Coddington, who, like his colleagues, has favoured the world with an an¬ nouncement of his intentions, favourable or adverse to certain Railway schemes which he has had under consideration Of this gentleman I shall say nothing ; because I (in common, I believe, with all the rest of mankind) know of him nothing, excepting that he appears in the Red Book as an assistant to General Pasley. 17 Such are the individuals to whom Mr. Gladstone has presumed to delegate interests directly involving many millions of pounds, and the fortunes of thou¬ sands of persons ; indirectly and by no means remotely, affecting every subject of these realms— every man who moves from home, whether for duty or pleasure ; the necessities of his livelihood or the calls of affection—every man who has anything to send or to receive, to manufacture or to consume. How the Board so constituted have performed their functions remains now to be discussed. There was a function, humble, no doubt, but use¬ ful, to the performance of which this Board was competent. They might have investigated the pre¬ liminary steps in the formation of Railway Com¬ panies before they reach the House of Commons, and might have ascertained whether the promoters of the schemes are persons of such station and means as to raise a fair presumption that their ulti¬ mate intention is to attain the professed object, and not merely to create a stock on which to gamble. That inquiry, among the multiplicity of other sub¬ jects of investigation, is almost practically excluded from the consideration of two committees of the House of Commons, to which for distinct purposes these Bills are referred. It is precisely the kind of inquiry which might with propriety be referred to a Board composed virtually of Mr. Laing and Mr, O'Brien. The legal education and temper of the former, and the experience and associations of the latter would probably render them acute investi¬ gators of these matters. b 18 Perhaps, too, it would not have been beyond the sphere of their abilities, if they had endeavoured to mediate between promoters of Railways and landed proprietors ; protecting the former from wanton opposition ; the latter from needless invasion of their estates, to be resisted only at vast trouble, expense and risk. But the fatal ambition of the Board made them launch into a wider sea. The former of these two matters they utterly, as I know, neglect; the latter they professedly exclude from the scope of their labours. They must, forsooth, take larger views, lay down principles for the guidance of the Legislature, anticipate all its labours, and wield undi¬ vided sway over the whole realm of Railway enter- prize—a sphere, Heaven knows, far beyond their ken. There are three aspects in which Railway projects must be contemplated, before it is fitting that they should receive the authority of the Legislature. First. They must be of public utility ; they must traverse a populous country, and facilitate the inter¬ course of its inhabitants; or they must connect remote places, whose inhabitants are, or might be, united by the ties of interest or society—the merchant with the manufacturer; the man of business, or of pleasure, with a place of relaxation. Or, again, they must tend to the improvement of the land, or facilitate the production or transit of some particular property arising from the land ; conveying ore to the smelting furnace; coal to the manufacturer, or the town ; ma¬ nufactured goods to the ports from which they will be spread over the world. 19 A second and subordinate point of view, from which to examine Railway projects, is their profit¬ ableness to the promoters; a matter best left to their own discretion, and therefore, from year to year, less and less investigated by Parliament ; and this the rather, because it may perfectly well happen that a Railway, unprofitable directly to its promoters, pay¬ ing perhaps not two per cent., is indirectly a source of the utmost advantage to them as mine-owners, land¬ owners, or manufacturers ; or as a part of a more ex¬ tended scheme on the whole productive. Again, the public, or future generations, may gain by the imme¬ diate loss—a dangerous principle, no doubt, to be ap¬ plied in all cases, or even generally ; but, nevertheless, not entirely to be lost sight of, before men, who are anxious to embark their capital in projects, are refused leave to do so, because some tribunal, with necessa¬ rily less perfect means of judging than the specu¬ lator, conceives them to be mistaken in their calcu¬ lations of profit. Nevertheless, it is right that the Legislature should, to a certain extent, learn the pro¬ fitableness of the undertakings submitted to them. One element of this inquiry is, the cost of construc¬ tion, which is, in fact, the largest and most difficult branch of evidence discussed before parliamentary committees. It usually occupies them many days; is sifted by the minutest examination of the chief engineer ; corroborated or disputed by other eminent persons in the same profession ; and is generally made up of a vast variety of details, some peculiar to the particular case, which nothing but the most patient investigation will display. The nature of the c 2 20 country traversed, its fertility, undulation, soil, the roads and navigable w^aters to be crossed, the orna¬ mental property or houses to be taken, the distance to which materials for the Railway must be carried, the temporary and ever-fluctuating price of those materials, are among the causes which make the cost of constructing Railways vary from twelve to ninety thousand pounds a mile. Last of all, though by no means the least impor¬ tant in the eyes of Parliament, is the interference with landed property. If of two Railways, of equal advantages, the one interferes with no ornamental property, and has the assent of the land-owners over whose estates it is made, while the other heaps its ugly embankments across ancient parks, roots up avenues, the growth and ornament of ages, and dis¬ regarding alike the dwellings of the living and the sepulchres of the dead, raises throughout the coun¬ try, which it invades, a clamour of indignation—it is clearly the duty of the Legislature to prefer the for¬ mer project. What means have the Board ofTrade of examining these various difficult subjects ? They have, since the 1st of December, inquired into and dealt upon more than two thousand miles of proposed Railway. If on deciding on any, even the least important of these projects, they have omitted from their consideration one of the matters at which I have glanced, they have grossly betrayed their duties, sacrificed to their rashness or negligence the interests of the publick, and committed on the promoters of the schemes which they have rejected—perhaps too of those which 21 they have adopted—a great, unpardonable, and, I fear, in many cases, irreparable injury. Nor are they altogether free from this censure, if, after duly weigh¬ ing these matters, they have decided on them erro¬ neously ; they have usurped their functions; on them is the responsibility even of inevitable error. The Board of Trade have formed their judgment on more than two thousand miles of projected Rail¬ way, or profess to have formed it, upon the inspection of plans and sections deposited with them on the 30th of November; on written statements, made se¬ cretly by the promoters, in favour of their own pro¬ jects, and (I blush to be obliged to state the fact concerning any public department in this country, which deals with the property and reputation—for that too is involved in these questions—of thousands of persons) on written statements, made secretly by the promoters, or by any one else, in disparagement of adverse projects. Finally, the Board listens to oral statements of the same sort, made by the promoters in the absence of their adversaries. The ingenuity of man could scarcely devise more certain means of error. If these people desired to be misled, or to dis¬ play their incapacity ; if they had already determined on the projects which they would select or condemn, and were only seeking a pretext for their foregone conclusions ; if, in the dearth of public amusement in this country, they entertained the benevolent in¬ tention to hold themselves forth as the laughing¬ stock of all persons conversant with the subjects which they feign to master, never could they have attained more complete success. i he plans and sections, until narrowly sifted, afford no ground of opinion. And yet upon them alone the Board must have formed their opinion of the cost of construction of the Railways. That they should have subjected the documents to mi¬ nute inquisition in the eight weeks which have passed since the deposit of them in Whitehall is a sheer impossibility, only less inconceivable than that which some thoughtless people have pre¬ tended—that the Board have actually sent to sur¬ vey the district affected by the schemes before them. In one section now before the Board of Trade it is alleged, I believe on suEBcient authority, that there is an error of fifty feet spread over many miles ; in many the face of the country is falsely represented—and yet all seems fair—there is nothing to lead the Board to discover the errors even if they had time, and it is stupid to suppose that they have time, to inquire. But these errors go to tlie root of the whole matter. Besides, the section and plan show nothing of the soil, or of the nature of the property affected, perhaps de¬ stroyed. And then the written and the oral statements. I beseech the reader to reflect carefully upon this part of the system ; a system not the growth of gradual abuse; not a relic of worse times ; not a part of any ancient institutions, tolerated by habit, and perhaps palliated by preponderating benefits ; but now for the first time avowedly introduced— God forbid tliat I should say established—in this country. And let there be no doubt about its ex- 23 istence ; to me it was told by a member of the Board, that the statement to be made (and, remem¬ ber, secretly made) In support of a particular pro¬ ject, might contain any charges which the projec¬ tors might think fit, impugning a rival scheme. No confronting of parties ; no means of reply ; no knowledge of the accusation ; on the contrary, a refusal to reveal the contents of any adverse docu¬ ment. Again I say, that I blush for a department where such things prevail—a department which offers a premium to effrontery of assertion ; which violateseveryprincipleacknowledgedin this country of investigating conflicting claims ; which shocks all those convictions of reflecting men, so rooted that they seem instinctive. And see the wide door to abuse which this system opens. I believe that direct bribery—the giving of hard money, or money's worth, to a pub¬ lic oflBcer, for the sake of influencing his conduct— is rare; though not unknown, it is, I believe, not fre¬ quent. But if we desired to give vogue to that crime, I should say, let us establish a Railway depart¬ ment of the Board of Trade, such as that which now revels in an existence as brief 1 hope as it is mischievous. There are men to whom the report of the Board of Trade, on a particular project now before them, will produce gain or loss to the extent of twenty or thirty thousand pounds. It is noto¬ rious among those who have watched its proceed¬ ings, that the business of the Railway department is in fact, as it needs must be, managed by Captain O'Brien and Mr. Laing. It is perfectly well worth 24 the while of not one or two, but of many persons, to offer either of those two individuals five thousand pounds to decide one way or other upon a project before him. The bribe would no doubt be refused by him, but who shall answer for his successors ? Let these gentlemen blame themselves, and the pernicious system they have established, if the possibility of these things is suggested ; and if there grows up in the mind of the public a sus¬ picion, that such an offer would not be rejected. But if bribery is rare, stock-jobbing, we all know, is common. The share-market is affected by the decisions of the Board to an extent which brings ruin on many men, wealth to some. The members of the Railway department (excepting Lord Dalhousie and General Pasley) are just in that station of life in which they are likely to have brothers or other near connexions involved in speculations in Railway shares. Is there any one silly enough to suppose, that men formed in the ordinary mould of humanity will allow their re¬ latives to be ruined by a decision which is to be announced next afternoon, if by hinting at that decision beforehand they can avert the ruin, nay, convert it into opulence ? But if it is so likely as to be nearly certain, tiiat in their relations with their near kindred and friends they will avail themselves more or less of their foreknowledge, what is to prevent that process in the case of the individual members of the Board themselves ? They know that certain shares will on the day after their report be at four or five pounds premium 25 or discount—they see wealth within their grasp. Does the blockhead breathe who dreams that they will not clutch it? I never believe rumours ; but there have been fluctuations in the prices of shares singularly premonitory of the reports of the Board of Trade, To these I shall recur. And, alas ! the step is not very wide, though no doubt there is a distance, betwixt profiting by a knowledge of the decision which one is about to pronounce, and modifying that decision to suit one's profit. Of all the vices which trouble men in the middle ranks of life, in the present state of society, there is none more subtle in its influence, and more sure to enlarge that influence until it becomes despotick, and prompts its victim to reck¬ less, even desperate adventure, than that form of gambling which consists in speculating in Railway shares. Let us suppose some future member of the Railway department of the Board of Trade, holding, in some other name than his own, a large stake in a particular Railway, his property will be depreciated if certain projects, highly beneficial to the public, are accomplished ; it will be doubled if those projects are destroyed ; and to destroy them rests on him alone. He works in secret—that is the principle of action in the Board ; he suggests or fosters counter-projects, infinitely less beneficial, nay, perhaps comparatively injurious, but still not without such merits (what Railway scheme is devoid of them ?) as may cast a pretext over his preference. Perhaps he avails himself of the re¬ verence prevailing in this country towards vested 26 interests ; perhaps counts on the parliamentary in¬ fluence of his own company ; or even relies upon effecting his purpose by dint of mere assertion. But let the means be what they may, the end, I doubt not, will be attained, cost what it will to the publick. I do not pretend now to exhaust this fertile sub¬ ject, or even to suggest the main arguments which occur to me against the establishment, principle, and working of this new Board ; but I must not refrain from suggesting one other objection. We have seen in this country, of late years, parties so nearly balanced in the House of Commons, that five votes on the one side or the other would have displaced a Government. Let us suppose a Rail¬ way scheme, on which a certain district has set its heart ; upon its success and the destruction of its rival depend very much (and this has happened) the seats of two, perhaps four, strong supporters of the Government. They explain to the minister that they must have their Railway : it is the worst, but not very glaringly the worst ; a report in its favour, though wrong, would not shock common sense. Can we doubt that the Vice-Chairman of the Board of Trade would find the officers of his department open to conviction ? Besides, he may himself by his voice determine the decision. There is another point of view from which to be¬ hold the proceedings of this Board ; and if I only mention it, without dwelling on it now, I do not the less appreciate its importance, but 1 reserve it for future discussion. The compliance with the 27 Standing Orders of Parliament is a process which involves vast trouble and expense, In some cases I have known more than twenty thousand pounds expended upon that matter, and necessarily ex¬ pended, before the Bill is brought into the House. It is very probable that in many instances the scheme adopted by the Board of Trade will be utterly deficient in its compliance with the stand¬ ing orders ; whereas, the rejected project will have spent its thousands of pounds to good purpose. Nothing certainly will be watched more jealously during the present session, than the decisions of those Committees of the House of Commons, whose duty it is to inquire into the compliance with standing orders ; and nothing will tend so much to impair the confidence which all parties entertain in the impartiality of those tribunals, as any leaning for or against a Bill according as it may be approved or reprobated by the Board. Although I desire now to confine myself princi¬ pally to a consideration of the vices inherent in the constitution of this Board, reserving for another publication an examination of their acts ; never¬ theless, I should do wrong to the aversion which that constitution has begotten in me, if I did not support, by a reference to their misdeeds, the charges of rashness and incompetence which I have brought against them. First, we must bear in mind, that the announce¬ ment which these individuals have made of their in¬ tentions to report foror against any Railway scheme, arc perfectly wanton and gratuitous. The Board 28 were not required, nay, they were in nowise autlio- rised to make such announcements. They have, for reasons which their friends allow to be inscru¬ table, and which those who disapprove of their conduct, are apt to attribute to motives which I abstain from describing, hurried with most insuf¬ ficient information into a statement of what at some future time will be their conduct. Nothing could be more silly or more mischievous ; no¬ thing more demonstrative of utter ignorance of all those rules which restrain decently conducted tribunals of all sorts. The judges of the land, (men whom it would be a kind of mockery to com¬ pare with Mr. Laing, and Captain O'Brien, and Mr. Porter,) when, dealing with matters of infinitely less weight than those which occupy the Railway department, withhold all expression of their opin¬ ions, (formed by them after open discussion by counsel for both parties face to face) until the moment when the ordinary course of proceeding renders that expression necessary ; and then they accompany their judgment with a statement of the motives which have produced it. Not so the Board of Trade ; they are permitted to report to the House of Commons such matters as they may deem fitting ; and what do they do? Upon a cursory glance over insuificient, probably erroneous, documents; after a hasty hearing of partial statements, and in violation of all the rules of Parliament, they publish in the Gazette, an announcement that they intend to report in a particular way to the House. No reasons for the report are stated ; and there the 29 Board were right ; people who in two months, with such data, form a conclusive opinion on more than two thousand miles of Railway, cannot fairly be ex¬ pected to have, far less to show, any grounds for their conduct. But the effect is the same, the things which in their folly they desired and dared to crush, are well nigh destroyed ; the share-market, as by some means it foresees, so it ratifies their decisions ; their will has been pronounced, and has been thereby accomplished ; that will may stand in the stead of reasons. The first projects, I believe, on which the Board reported, were those for supplying nearer and cheaper means of communication than now exist between London and the South-Western parts of England. The Great Western Railway Company suggested certain circuitous routes, tending to in¬ crease their revenue at the expense of the public ; the South-Western Company devised other lines, by which a distance of more than forty miles would have been saved between London and Fal¬ mouth. The Board report for the Great Western, and against the shorter and cheaper line. The South-Western Company have a circuitous bad line of Railway, between London and Ports¬ mouth ; no man pretends that they thought of im¬ proving or shortening the route. The Croydon Company project a far shorter, cheaper, and better line, through Epsom and Godalming to Portsmouth. Forthwith the South-Western Company profess to solicit another improved route ; it is still longer, and worse than the Croydon scheme ; it is opposed 30 by nearly all the land-owners whereas, its rival is approved by them ; nevertheless, all men knew that the Board of Trade would compensate, at all events, the South-Western Company for previous injuries; and, in fact, the Board did select the South- Western line. The South-Eastern Railway Company—that fruitful mother of Bills—has constructed a ludi¬ crously bad route to Dover ; other, and better, and shorter lines are projected towards the same point. Thereupon, of course, the South-Eastern Company profess to desire leave to construct an improved route, a desire which, but for this pressure, would never have entered into their breasts. The Board decide for the South-Eastern plan. The share- market foretold this decision—but of that, anon. A vast and overbearing monopoly exercises nearly undivided sway over the Railway commu¬ nication in the midland and north-eastern counties of England. A line is projected between New¬ castle and Berwick, independently of this levia¬ than ; he has a rival scheme. The Board of Trade, instead of rescuing that important dis¬ trict from its present thraldom, confirm the mo¬ nopoly and decide against the independent line. The share-market marvellously foretold this decision likewise; and it is thought that (according to the principle which seems to actuate their decisions) this sop is given to the Midland Company in antici¬ pation of a heavy blow which impends over them. Thus, in all its decisions, the one only prin¬ ciple which guides this rash, short-sighted tri- 31 buna), is evidently a desire to maintain monopolies, or (as thoughtless people would terra it) to protect vested interests ; provided those interests are sufiB- ciently powerful to be formidable. In vain will the public henceforward complain of the conduct of the Great Western Railway Company; the de¬ vices which it contrives for the discomfort of its second-class passengers ; the sufferings to which the poor are exposed in its third-class wagons. Let us no longer dream of the short¬ ening of ill-constructed devious routes ; most use¬ less will be our clamour against the extortionate fares, the arrogant demeanour, the negligence and rapacity of Railway companies ; henceforth they may riot in abuse. The Board of Trade if sup¬ ported by Parliament, has from this moment se¬ cured to them a monopoly more certain and invio¬ lable than charter or statute or custom ever con¬ ferred. Henceforward it will be too late for the Government or the Legislature to talk, as the Duke of Wellington and Sir Robert Peel did wisely talk, of keeping Railway companies under con¬ trol by competition, or the dread of competition. There go two to this competition ; not only the Publick which needs it, but the capitalist who supplies the funds. And what capitalist will from this day spend his money upon the pre¬ liminary steps which must be taken, before a Bill is brought into the House, knowing, as he does, that if his project interferes, however remotely, with any existing Railway company, the latter will suggest a rival scheme; that scheme will be adopted by Government ; tlie preliminary expenses will be wasted, and neither project will be exe¬ cuted ? I do not pretend that it would be fair, excepting in extreme cases, to authorize the construction of a Railway parallel, or nearly parallel, to an existing line ; but I affirm that the Publick have a right to demand, if they will furnish the needful money, and if the land-owners are not unnecessarily in¬ jured, the best route between two termini; es¬ pecially if that route supplies the wants of a new population, whom the existing Railway does not reach. It is the direct interest of existing com¬ panies to prolong the route in order to increase their tolls. Indirectly it is injurious to them to spend money upon improvement, if their monopoly compels the public to use their line at all events. That monopoly the Board of Trade tends to render absolute. What then does it^behove the Publick and the Legislature to do? I answer without hesitation, let them abolish this rash, incompetent, and most mis¬ chievous tribunal. THE END. F.ffinghain Wilson, l*rint»r, Royal Exchange. ^ k 1 b 1 s Gayîord Bros, Makers Syracuse, N. Y. PAT.JAf!. 21,1908 7 •> ' i,;'-'^', '•■•< ; ■ ' '" V .y>>ir.', >. .7' ■'• i' ~* '■ ■ 3 5556 42 358846