HL Deb 03 August 1869 vol 198 c1137

Bill read 3a with the Amendments.

THE MARQUESS OF SALISBURY

moved an Amendment enabling railway companies to charge on owners of cattle the expense of disinfecting the trucks. The noble Chairman of Committees invariably opposed any attempt on the part of companies to raise the rates they had originally laid down, on the ground that they formed a contract with the public. Now, admitting this for argument's sake to be correct, justice required that no burdens should be imposed on the companies beyond those originally contemplated, and at the time when the tariffs were fixed it was plainly impossible to foresee the necessity of disinfection as a precaution against the cattle plague. He might be told that the expense would be small; but last year two new expenses —those of smoking carriages and of communication between passengers and guard—were cast on the companies, and many small items like this formed a heavy burden on the poorer companies, such as would account for the difficulties under which they laboured.

EARL DE GREY AND RIPON

opposed the Amendment, on the ground that the cleansing and disinfection of trucks had been obligatory on railway companies under various Acts of Parliament ever since the Cattle Plague Orders of 1867. An attempt, moreover, on the part of the company with which the noble Marquess was connected to impose a charge on its customers had been pronounced illegal, Mr. Justice Keating holding that it was not a service rendered to the plaintiff individually as distinguished from the rest of the public, and Justices Montague Smith and Brett concurred with him. On the ground stated by the learned Judge the existing law ought to be maintained.

Amendment negatived.

Amendments made; Bill passed, and sent to the Commons.