NORTH WALES RAILWAY. (Hansard, 5 February 1849)

§ LORD MONTEAGLE
expressed his surprise at the explanation that had been 223 given. In the course of last Session, in the early part of July, a question was raised with regard to the conduct of railway directors and railway companies in the application or misapplication of their funds, which induced their Lordships to make an order for the production of certain documents relative to the accounts of the North Wales Railway. That order was served, by the officers of the House, upon the parties whose immediate duty it was to obey it; and they made no remonstrance to the production of the accounts. If any papers had been called for which tended in the slightest degree to interrupt the course of justice, nothing could have been more easy than to have petitioned the House, upon that ground, to rescind the order. No such steps, however, were taken, but rather the contrary. The order was made on the 3rd of August. It was disobeyed; and on the 23rd of August a peremptory order was made for the production of the documents forthwith. No statement of the kind now made was then offered. The Session being near its termination, notice was given to the parties to attend at the bar this day, to produce the papers in question, and offer any explanation which they could of their neglect to obey the previous orders of the House. No sooner was that order made, than a letter was addressed to himself, and to the Railway Department of the Board of Trade, by the Secretary of the Company, to the following effect:— August 31.—I am directed immediately to comply with the requirements contained in your Lordships' order of the 25th instant, and to inform your Lordships that a letter has been sent, to that effect, to Captain Harness, of the Railway Department of the Board of Trade. The intention of this letter was to deceive and blind the House as to the future course the parties would take. And now they appeared at the bar, saying they were ready to produce copies of bills in Chancery. What was this intended for, but to be a bar to the powers of the House? Such a proceeding had never yet been exhibited before their Lordships, and he called upon the House not to yield to it. He had called for the papers upon public grounds, for the purpose of establishing a fact which, the House agreed with him, was deserving of public attention, namely, that the present system of railway accounts ought to be improved by an effective system of audit. But he put it to their Lordships, whether they could entertain 224 the excuse that had been made for not complying with their order. What might be done with the papers when they were produced, it was not for him to say. At all events, he would recommend the House to insist upon their production, to have them printed, and give the parties notice to attend upon a future day in case their examination should be necessary.

The LORD CHANCELLOR
said, there could be no doubt that where the House made an order for the production of papers, no person having the papers could decline to produce them. So long as the order stood, it must, beyond all question, be enforced. But it was quite another consideration whether their Lordships would consent to enforce it after they had been told they were in the nature of accounts—of which they knew nothing before—that were the subject of proceedings in a court of equity. He apprehended there had been some misconception on this point when the order was made.

§ LORD MONTEAGLE
explained that the House had distinctly before it, when the order was made, what were the accounts desired. They were simply extracts from the Company's hooks, which, by law, they were compelled to leave open for the inspection of every shareholder.

LORD BROUGHAM
remarked, that the Chairman of the Company did not refuse to produce the accounts. He merely said there was a cause pending in which the accounts were documents.

§ The MARQUESS of LANSDOWNE
said, the accounts had been called for by an order of that House. The order had not been obeyed; there could be no doubt, therefore, that a direct contempt had been committed.
After a few words from LORD CAMPBELL, who was of opinion that the papers ought to be laid upon the table,

The MARQUESS of CLANRICARDE
thought the proper course would be to call—first, for an explanation of the cause of delay, and the reason for the non-production of the papers; and then, if their Lordships saw fit, to call for the papers.
The Chairman and Secretary of the North Wales Railway Company were again called to the bar, and subjected to an examination by Lord Monteagle, Lord Brougham, Lord Minto, and other noble Lords, chiefly with regard to the date at which the order of the House for the production of the papers had been served, and to the reasons for delay. The Chairman of the Company explained, 225 during the examination, that the directors lived in different parts of England, and it was difficult to get them together at a meeting. The order of their Lordships had been served upon Mr. Mariner, the Secretary, who had communicated the same to the chairman; and he had not made any objection to complying with the order. Mr. Mariner had not considered it an order of the House of Lords, but thought it emanated from the Railway Department of the Board of Trade; and the Chairman also stated, that the Secretary had communicated the document to him as an order from the Board of Trade; and that it was unusual to comply with such orders until they had been laid before a meeting of the directors. Upon reading the paper, however, it appeared from the heading, that it was an order proceeding from the "Lords Spiritual and Temporal," and

LORD BROUGHAM
intimated to the gentlemen at the bar, that when they received an order of either House of Parliament, it was their bounden duty to obey it, without reference to calling any meeting of their own body.