§ DR. KENNY (Cork, S.)asked the Secretary to the Treasury, Whether he is aware that at the Cork Assizes just held an application was made before Judge O'Brien (as reported in Cork Daily Herald of 26th instant), for a mandamus to compel the Arbitrators of the Schull and Skibbereen Tramway to grant their certificate to enable payment to be made of the Guaranteed Baronial Dividend on that undertaking; that, during hearing of said application, it was stated by one of the Arbitrators, Mr. Barrett, that General Hutchinson, of the Board of Trade, had in his original Report on the line certified it was in proper order; hut that immediately afterwards Mr. Jackson, the County Surveyor of West Riding of Cork, re-inspected the inspected line, and certified that it was in a very unfinished state and required a large outlay, and that General Hutchinson, in a subsequent Report, also condemned the state of the line; that Judge O'Brien then expressed the opinion that, inasmuch as the present state of the line was occasioning great loss to the ratepayers of the district, the ratepayers ought to be compensated for the loss they are now sustaining by reason of the mistake of General Hutchinson; and, whether, considering the great hardships entailed through General Hutchinson's error on the people of the district, he will recommend the Treasury to grant some assistance towards defraying the cost of putting the line into working order?
§ THE SECRETARY (Baron HENRY DE WORMS) (Liverpool, East Toxteth)The Tramway was authorized by an Order of the Lord Lieutenant in Council, and, in accordance with the Tramways (Ireland) Act, 1871, had to be inspected and cer- 531 tified as fit for public traffic by the Board of Trade before being opened. The Order in Council also provided that the use of steam or mechanical power should be subject to Regulations made by the Board of Trade. As regards fences, railings, &c, the work had to be done to the satisfaction of the County Surveyor. Upon this officer is also thrown the duty of inspecting the line, engines, and rolling stock from time to time, and reporting to the Grand Jury. The line was inspected by General Hutchinson in September, 1886; and, as the result of his Report, Steam Regulations were issued, and the line certified to be fit for public traffic. Shortly after the line was opened the engines appear to have broken down, and traffic was suspended. The Board of Trade cannot be responsible for the failure of the engines. Subsequently, at the instance of the ratepayers, the Board of Trade appointed General Hutchinson to hold a further inquiry; and, as a result of this inquiry, the Board of Trade have certified that there has been default in working and maintaining the line, and have called upon the promoters to make good the default within four months. Nothing has been seen or heard by the Board of Judge O'Brien's expression of opinion. The line was open for six months; and a certificate that a line is tit for public traffic is not a guarantee that the line will be so maintained and the rolling stock kept in efficient order. The information before the Board of Trade tended to show that insufficient funds contributed largely to the closing of the line.
§ DR. KENNYasked, whether it was not owing to the original defect in the construction of the permanent way, which was so badly ballasted that as soon as the engines were put on they began to subside; and whether the break-down of the engine was not due to the fact that it was not able to bear the strain put upon it by the roughness of the way?
§ BARON HENRY DE WORMSThe Board of Trade have no information confirming that view. The information I have is that the engines themselves were unfit for the work.
§ DR. KENNYWill the hon. Gentleman recommend that a portion of the £50,000 of the Imperial grant be devoted to defray the expenses of putting 532 this line into order, and so relieving the unfortunate ratepayers?
§ BARON HENRY DE WORMSI have no power whatever in such a direction, nor could I recommend the Treasury to take any such step.