356 History of Inland Transport 



unreasonable manner, such person may complain to the Board 

 of Trade. (2) The Board of Trade, if they think that there is 

 reasonable ground for complaint, may thereupon call upon 

 the railway company for an explanation, and endeavour to 

 settle amicably the differences between the complainant and 

 the railway company." A resort to this expedient by ag- 

 grieved parties involves the payment of no fees or costs. 



The eleventh report by the Board of Trade of their proceed- 

 ings under the Conciliation Clause shows that during 1908 and 

 1909 the number of complaints made to them was 280 a 

 total insignificant in comparison with the many millions of 

 separate transactions in which the traders and the railway 

 companies must have been concerned during the two 

 years in question. The 280 complaints are classified as 

 follows : Rates unreasonable or excessive in themselves, 39 

 undue preference, 65 ; rates unreasonably increased, 22 

 classification, 30 ; delay in transit, 27 ; owner's risk, 17 

 rebates, 23, through rates, 15 ; miscellaneous, 42. Settlement 

 or partial settlement was effected in 91 cases ; in 62 the 

 complaints were not proceeded with ; in 122 an amicable 

 settlement could not be arrived at ; and in five the proceedings 

 had not been completed. " In certain of the cases," the 

 report further states, " in which an amicable settlement 

 was not reached, it seemed clear to the Board of Trade that 

 the complainants had no real ground for complaint." 



Boyle and Waghorn are of opinion that in matters more or 

 less personal to the applicant, or of comparatively minor 

 importance, the procedure under this Conciliation Clause 

 has saved much litigation ; though when questions of general 

 principles are at issue the Board of Trade, as a rule, prefer 

 to remit the determination of them to the Railway Com- 

 mission. They further say : " The principal cause of the 

 comparative absence of litigation lies in the fact that a law 

 of railway traffic is being gradually evolved, reasonably 

 considerate of the rights of both parties, and adapted to the 

 actual circumstances of the traffic. In the early days of 

 railways this was very far from being the case." (" The Law 

 Relating to Railway and Canal Traffic.") 

 ji Much of the adverse criticism of railway rates and charges 

 which has been indulged in of late years, without even any 

 resort to an inexpensive complaint to the Board of Trade, 



