Sir J. Y. Bullerreported from the Select Committee on Petitions for Private Bills—
That, in the case of the Midland Railway Branches Bill, the Standing Orders had not been complied with, inasmuch as a Clause (No. 15 in the said Bill) confers power to take lands by compulsion, and to make several Branch Railways, which intention was not specified in the Notices; and such Clause gives this power to individuals whose estates contain minerals lying within five miles of the main line of the said Midland Railways, and not to the said Company.
§ Lord G. Somersetthought the Report showed a gross violation of the Standing Orders but the House would observe that 594 the Committee did not state the circumstances under which the Resolution was made. He was, therefore, strongly impressed with the belief that some further inquiry ought to be instituted, not with a view of inquiring further into the fact of the irregularity, but to ascertain the circumstances under which it had been fallen into. He had been privately informed that the agent was cognizant of the introduction of this Clause, and therefore the agent had been guilty of a serious error. He moved that the Clause be referred back to the Committee, with power to inquire and report specially to the House by whom and under what circumstances the Standing Orders had been violated.
Sir J. Y. Bullersaid, the reason why they did not report how this Clause got into the Bill was because the majority of the Committee thought it was only their province to ascertain if the promoters of the Bill had complied or not with the Standing Orders. He agreed with the noble Lord that the matter had better be referred back to the sub-Committee, giving them leave to report specially to the House. He thought also, that, in referring the case back to the Committee, it should be an instruction that the evidence given erroneously by Mr. Burke should be written out for the consideration of the Committee.
§ Mr. Laboucheresaid it was quite clear a most gross, flagrant, and dangerous breach of propriety had been committed on the part of the agent for this case, and it was equally necessary that the circumstance under which that breach of propriety was made ought to be inquired into. He, therefore, thought the House would do well to adopt the course recommended by the noble Lord.
Report referred back to the said Committee. Instruction to the Committee to ascertain by whom and under what circumstances the said violation of the Standing Orders was committed, and to report the same to the House.