PREFERENTIAL RATES, TEST CASE 231 



complained of constituted an undue preference to the im- 

 ported goods. 



The company attempted to justify the preference on the 

 ground that the low rate on the imported goods was (1) an 

 apportioned amount of a through rate ; (2) that it had to 

 be maintained at the low figure to enable them to compete 

 successfully with the water route ; and (3) that it was 

 justified by a difference in circumstances, such as volume of 

 traffic, method of packing, &c., in favour of the foreign goods. 

 The Commission decided that the proviso could not be held 

 to operate as desired by the applicants, although it might 

 prevent justification of preferences on the grounds mainly 

 relied upon by the company and their general manager, 

 and afterwards, to quote the words of Mr. Justice Collins, 

 vehemently repudiated " and abandoned by their counsel ; 

 that the applicants were nevertheless entitled to relief if 

 they could establish undue preference, and that, in regard 

 to three of the articles in question hops, hay and fresh 

 meat undue preference had, in fact, been established, and 

 some modification must be made. 



These three articles comprised all the traffic of importance 

 in home produce which was the subject of complaint.* 



In April the Railway Committee reported to the Chamber 

 upon this case, and expressed their opinion that the law was 

 unsatisfactory and ought to be made unmistakeably clear. 

 They refused to accept the view that the words " in respect 

 of the same or similar services " could be held to cover differ- 

 ences of charges so enormous as were shown in the South- 

 ampton case. They therefore urged the President of the 

 Board of Trade to introduce a Bill defining the law on the 

 subject, and to give powers to the Board of Trade to carry 

 the law into effect. 



In November the Railway Committee reported that the 

 revised rates under the order of the Railway Commission had 

 been put into operation, and that they still left possibilities 

 of preferential treatment, especially with regard to hay ; 



* Annual Report of Mansion House Association, 1894 and 1895. 



