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required. A provisional order had the force of an Act of Parliament without confirmation. So much for the evolution of the Light Railways Act and its objects.

The strangest thing about the whole matter is the curious way in which the Act has miscarried. The aims and hopes of legislators have not been realised, except to a very limited extent. Light railways, left undefined in the Act, have become synonymous with tramways, and are being promoted chiefly in urban districts. Instead of relieving distressed agriculture, they are enriching joint-stock companies. The loopholes in the Act which permit what was never intended are eagerly taken advantage of; new vested interests are created and new municipal monopolies are established in spite of the protests and the opposition of the local authorities. The chief object aimed at by the promoters is not to put the country districts in communication with the markets in the towns, but to join one town to another, and take over the tramways in each. The Light Railways Act of 1896 is supplanting the Tramways Act of 1870.

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The distinction between the two measures is very important. Tramways are intended to be laid in the public streets, either by the municipality or by a company, with the consent of the municipal authorities. The road authority remains the paramount power. was contemplated that light railways would be laid down alongside country roads, "on waste land at the side of any road," or on land purchased and leased by the promoters. There was no provision made for using the public streets, and there is no protection guaranteed for public interests. When, therefore, a light railway becomes synonymous with a tramway, it obtains all the privileges of the latter without the corresponding obligations. The Light Railways Act, while it gave every opportunity for local authorities to take up the business, did not provide for the local authorities acquiring an undertaking from a company. There is no purchase clause or any suggestion of the kind in the Act. There is no obligation, as in the Tramways Act, that the roadway, where a light railway is made, must be of a certain width, and that it must be laid in a way to ensure absolute protection to all public interests involved. All these things are matters of arrangement under the Light Railways Act; and the Commissioners have power-and have acted upon it-to overrule the conditions suggested by municipalities and override their authority. They allow an alien money-making company to take possession of the streets of a town without paying anything for the privilege.

The advantages of laying tramways as light railways are obvious and many. Besides being free of all control from the public authority chiefly interested, the promoters of a light railway have not to go to Parliament with a Bill. They have to meet local opposition,

to be sure, but the latitude allowed to the Light Railways Commissioners in carrying out a clumsily drafted measure operates, as a rule, in their interests.

The Commissioners have done their best to render a bad Act worse. Their decisions are remarkable only for one thing: their inconsistency. They have taken no definite line of action and adopted no consistent interpretation of the Act. On one or two occasions they have rejected schemes because they were for tramways, but in other places have granted them, although the promoters have frankly admitted that their line was a tramway and not a light railway. At times they listen to the opposition of local authorities, as in the northern suburbs of London, and at other times disregard the opinion of the representative Councils, as at Middleton and many other places. They would not, perhaps, sanction a light railway which was to be wholly confined to the streets of a town, but it is rarely that such a scheme would come before them. Tramways invariably run out to suburban districts or join one urban area to another. One of the latest illogical decisions arrived at by the Commissioners is to refuse consent to a scheme in the western suburbs of London, of which all the local authorities approved, because a railway company opposed on the ground that it came near its line and stations at certain points. This would be true of every light railway which would fulfil its function, as it would be of much less service were it isolated from other means of communication.

The Commissioners have given other curious decisions. They granted a provisional order, for instance, to a company for a line between Leeds and Bradford, two cities which have systems of municipal tramways, and are only two miles apart. Obviously a light railway here which did not form part of either tramway system. would be very undesirable, but the Commissioners granted an order to a company which never meant to carry it out. They created a valuable asset which the fortunate possessors put up to the highest bidder.

In some cases the streets of a town have been handed over to a company in spite of the strongest opposition by the Town Council and an appeal to the Board of Trade. A case in point is that of Middleton, which has been deprived of its municipal birthright in tramways. The Town Clerk of that town says the effect of the Commissioners' action is "to render the Tramways Act a dead letter, and to enable capitalists and others to come into our borough and monopolise our streets without our consent." When the Commissioners have to deal with larger authorities, such as the Corporation of Glasgow, they pay more regard to public opinion.

It may be urged that light railways, even as tramways, are fulfilling a most useful purpose by connecting various towns which are

under separate authorities. In such a case the local authorities could not combine, and a group of towns whose interests are common should have one system of rapid transit, with lines all of the same gauge, as different systems would mean a lack of intercommunication. In the absence of combination among different municipalities, which it is difficult to secure, the promoters of light railways have excellent opportunities, which they are making the most of. All over the country they are linking towns together, and securing control over tramways, in places where they exist, within the area covered. In every case better terms than the Tramways Act offers are secured.

There is no hostility to this system of extending the means of communication, but what every authority seeks to obtain is a reasonable purchase clause. When a light railway is promoted as a tramway at little cost, it should contain the purchase clause of the Tramways Act, or one which approximates to it. The Tramways Act provides that the municipality may, after the expiry of twentyone years, compulsorily acquire the undertaking of a company at its "then value," without any allowance for goodwill, or any compensation beyond the value of the tram lines and plant as they stand. These conditions were somewhat hard on investors, except in the large cities, thirty years ago, but, with the introduction of electric traction, there is more reason for their adoption now. Only in one instance have the Light Railways Commissioners adopted the Tramways Act purchase clause. The term of years is usually extended to twenty-five, thirty-five, or forty. There are in many cases good reasons why there should be an extension, provided the Tramways Act conditions of purchase are maintained. But this is not done, as provision is made at the expiry of the extended period for purchase on other terms, which would involve a loss to the municipality. The majority of orders granted contain no purchase clause whatever.

The Light Railways Act has miscarried in another respect. It was the intention of Parliament that County Councils and Rural District Councils should carry out the measure, either themselves or in cooperation with companies. But they have not taken advantage of it, and the only municipal schemes which have been promoted are in urban districts where the Act was not wanted. Where light railways have been carried out in country districts, with the object of conveying agricultural produce to markets or to railway stations, they have served a most useful purpose, and it is unfortunate that the Act has not been applied to a greater extent in this direction.

Friendly commentators on the Act have pointed out the new elements which it contains and the new precedents it sets. Mr. Seward Brice, Q.C., for instance, in his "Law of Tramways and Light Railways," says:

“The Act transfers to the Board of Trade powers of quasi-legislation, in

respect of the vague, undefined subject of light railways, almost as extensive as possessed by Parliament itself. The order, therefore, will probably vary indefinitely according to the circumstances, and it may confer rights and powers, or impose liabilities, qualifying the general principles of law otherwise applicable. Amongst other things, the prerogative of the Crown as to the creation of corporations, hitherto most jealously guarded, is infringed; and, by Section IX. of the Act, an order of the Board of Trade may contain provision for, amongst other things, the constitution as a body corporate of a company for the purpose of carrying out the objects of the order."

Mr. H. A. Steward, the Secretary of the Light Railways Commission, in his book on the Act, tries to define the functions of a light railway as distinguished from a tramway. He says:

"It is not within the scope of this Act to construct, under the form of, and in the guise of, light railways, lines which, in substance and in the services they offer, are tramways, and should be promoted and proceeded with as such.

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He also observes that:

"In this country it is not usual for, or incidental to, a railway to run along a highway; on the contrary, that is regarded as distinctive of a tramway."

This was written before tramway companies found how easily they could take advantage of the Act.

The Act just came into operation when we were on the eve of a revolution in methods of traction. Electric traction is usually applied to light railways, and means a great reduction in the working expenses, as compared with horse power, and consequently more profitable results.* And companies which secure a hold in a district with electric light railways also endeavour, sometimes successfully, to obtain control of the electric lighting, and strengthen their monopoly.

The most fortunate thing about the Light Railways Act, from & public point of view, is that it expires in 1901, unless the Commissioners are reappointed. This will give Parliament an opportunity to amend a measure which has miscarried, and to confine light railways to the purpose they were originally intended to serve. In the meantime the best way that municipal authorities can preserve their interest in tramways is to take advantage of the Light Railways Act themselves.

ROBERT DONALD.

As illustrating the economy and increased profit which result from electric traction the following figures from the Glasgow Tramway Report for last year are interesting:

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THE REFORM OF CHINA AND THE

REVOLUTION OF 1898.

CHIN

YHINA has always been proud of herself and has despised foreigners. Before 1894 the booksellers of Peking had no maps of the world, therefore the capital was enclosed in darkness. Only those on the sea coast and some young students knew the excellence of Western government. Having been defeated by Japan, they determined to reform. Having lost Formosa, the scholars began to talk of foreign learning. But the high Ministers are mostly promoted according to seniority, and are from seventy to eighty years of age; they have, moreover, to superintend several departments. As every ounce of their strength is used up, and as they have no time to study foreign affairs, they greatly dread the idea of change, which would make them of no use; therefore, they are unanimous in putting difficulties in the way of reform.

The Manchu high Ministers have only a superficial knowledge of even Chinese literature, and as to foreign matters, many of them do not even know the names of the foreign countries.

The Empress-Dowager is daily occupied with seeking pleasure and having theatricals performed before her. She is over sixty years of age. Since she resigned her rule she has not seen Chinese Ministers, much less Chinese scholars. Her Court consists only of eunuchs, Manchus, and a few Ministers of the Imperial household, and she does not study at all.

As she is thus blind and deaf to foreign affairs, how can she know the excellence of Western government? She hears only what is

about her, and her mind is full of hatred of foreigners.

Although the Empress-Dowager professed to resign the government, she really still held the reins in her hands. She read the memorials about appointments. All the Ministers of the first and second rank

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