§ SIR JAMES WHITEHEAD (Leicester)I beg to ask the President of the Board of Trade whether he is aware that the Railway Companies decline to give an analysis of their actual rates and charges when they are below the maximum; and whether the law gives them the right to do so; and, if not, whether he will undertake to proceed against them?
§ MR. MUNDELLAYes, Sir; I am aware that certain Railway Companies decline to give an analysis of their actual rates and charges when they are below the maximum. The Board of Trade considered this matter so important that they took the opinion of counsel upon it; and they are advised that—
Upon a proper application being made under Sub-section 3 of Section 33 of the Act of 1888 the company are bound to dissect the actual charge made, on the ground that the sub-section applies not only to a maximum rate, but also to the charge made or claimed.The Board of Trade are advised that the language of Section 33 implies that the person whose private right is infringed by a company's refusal is the person to proceed under Sub-section 7. This question, however, is receiving further consideration, and is one which will be brought under the notice of the Select Committee which we are anxious to appoint.
§ SIR J. WHITEHEADDo not the Board of Trade consider it their duty to take proceedings under the circumstances?
§ MR. MUNDELLAI have stated the actual advice given by counsel on the matter. It now becomes a question for the consideration of the Committee.
§ MR. MUNDELLAIt is not a question of the reduction of rates; it is a question of the splitting up of rates. Traders have the remedy in their own hands.