COMPLAINTS TO THE BOARD OF TRADE 215 



the Conciliation Clause (Section 31, Railway and Canal Traffic 

 Act, 1888) has, in the opinion of many, caused greater evils 

 than it has obviated. 



In giving effect to this section, the officials of the Depart- 

 ment are brought into constant personal touch with the 

 principal officials of the railway companies. When a trader 

 feels himself aggrieved and goes to the Board of Trade, he 

 probably does not clearly understand his position. The cause 

 of his complaint may be a perfectly legal proceeding on the 

 part of the railway company, but this body knows the law 

 and the individual trader does not. The latter is, more often 

 than not, quite ignorant of technicalities ; he only knows that 

 (for instance) some facility which he has been accustomed to 

 enjoy has been withdrawn. The arguments on both sides are 

 heard, it is found that the railway company is within its 

 legal right, and the Department points this out to the trader. 

 This probably happens four times out of five, and consequently 

 the Board of Trade officials gradually come to the conclusion 

 that, speaking generally, one party knows its business, while 

 the other does not. Human nature being what it is, it cannot 

 be long before they, unintentionally but inevitably, acquire 

 a bias in favour of the parties whom they have got to know, 

 and who they find understand the questions brought before 

 them, and against the stranger whom they do not know, who 

 does not. 



The railway companies are encouraged by the existence of 

 this conciliation clause to be ever scheming to reduce services 

 rendered in consideration of rates charged. For example, 

 some trader complains to the Board of Trade, negotiations 

 take place, and ultimately the railway companies accept a 

 suggestion from the Department that they should only go 

 half as far as they had intended. The traders accept this as 

 a partial victory, and the companies obtain, in greater or 

 less degree, more than a Court would have given them had 

 its intervention been sought. Incidentally, the Board of 

 Trade claims credit for the Department. Again, the trader 

 may bring grievances before the Department ; the officials 

 point out to him the difficulties of the situation, but make no 



