§ Mr. P. Thomsonon the order of the day for the further consideration of the report on the Great Western Railway Bill, said, that he should now submit to the House the motion of which he had given notice. He at the same time wished to say, that he intended the day after to-morrow to move for a select Committee to inquire into and report upon the subject of railway bills generally, and until that should be disposed of, he thought it best that no further progress be made with railway bills. He should therefore, move, that the further consideration of the report on any railway bill be not entertained before Tuesday, the 23d of April. In his opinion the delay of this additional week could not produce any material inconvenience, and he hoped, that the House would agree to it.
§ Mr. R. Palmerseconded the motion, and as an instance showing its necessity, he need only advert to the provisions contained in the Great Western Railway Amendment Bill. No one looking at that bill could doubt, that its object was to enable the company to raise more money, and for himself, upon looking at the breviate, he felt great surprise at the increased powers given to the company by the new bill. He found, that the original bill consisted of twenty clauses, and the present bill of twenty-nine, not one word of which would be understood as the original bill stood. The company had the power of taking possession of and entertaining any lands within a certain distance of the railway for the purpose of depositing earth, stones, &c.—and giving such compensation as a Jury might determine. That was a very strong power to give to any company, and in his own case not less than fifty acres of good arable land had been taken possession 1242 of on his estate, for the purpose of depositing earth, stones, &c., which it was impossible could ever be removed, and the result would be a permanent occupation. The 18th clause of the present bill proposed to repeal the clause in the original bill, which gave the company the power to enter into the temporary occupation of any land, and then enacted, that it should be lawful for the company to enter upon the land of any person as aforesaid for the purpose of depositing thereon, either temporarily or permanently—any earth, stones, &c. The agents for the bill had stated, this was nothing but a bill for raising money, and they then took the opportunity of introducing other most important clauses.
§ Mr. Hawessaid, that to the motion of the hon. Member the President of the Board of Trade, he should under ordinary circumstances have given his support, and he was rather surprised at the statements made by the hon. Member opposite. He was informed, that the bill was strictly a money bill, but the hon. Member had certainly pointed out clauses inconsistent with that object. He was informed by the agent and solicitor for the bill, that not one of those clauses of which the hon. Member had complained, had been introduced by the promoters of the bill; and, on the contrary, they were considered hostile to the interests of the company, and had been forced upon them by authority in another place. It was well known, that a noble Lord in another place exercised a sort of jurisdiction (he would admit a most advantageous one to the public in general), and these clauses had been introduced by his authority. The bill was, therefore, strictly a bill for raising a further sum of money, and he was authorized to state, that great public as well as private inconvenience would be the result if any material delay took place. He could not agree with his right hon. Friend in his system of ex post facto legislation. The whole subject of railway police and regulation, should have been taken up long ago, instead of having been left to the present hour, and he thought the proposition came with a very bad grace from his right hon. Friend. Under these circumstances he hoped the House would allow the report to be received.
§ Mr. Freshfielddenied, that the motion was one which ought to be called an ex post facto measure. The company declared, that they were unable to proceed, and they came to Parliament to enable 1243 them to raise more money. While that question was before the House they were perfectly at liberty to adopt any regulations which they thought proper in reference to railway bills, and apply them to the case then under consideration.
§ Mr. Haweswould move as an amendment, that the report on the Great Western Railway Bill do form an exception to the motion then before the House.
§ Mr. P. Thomsonsaid, that if the House adopted the amendment then proposed by the hon. Member for Lambeth, he should not think it expedient to bring forward the motion of which he had given notice for a select committee. In the event of the amendment being successful, he should abandon all hope of doing the least service by means of a select committee. At the present moment they had certain railway bills before them. Let them permit the present opportunity to pass away, then indeed the proceeding would be in the nature of an ex post facto law, and he and those who thought with him, could not hope for a successful issue to that which they proposed, otherwise than by means of a much stronger case than would now be considered necessary.
§ Mr. Hawesfinding the sense of the House to be against him, would not put them to the trouble of dividing.
§ Motion agreed to,