The Queen's Bench Division has given a severe blow to
the Railway Commissioners. That body, at the request of the corporation of Hastings, had ordered the South-Eastern Railway to make certain improvements in their stations in that town; which involved " structural " changes, and of course, much expense. The Railway Company appealed, and the Lord Chief Justice and Mr. Justice Manisty held that the Legislature, judging by its previous policy, could not have intended, when it invested the Commissioners with power to secure -"facilities" for traffic, to authorise them to compel any structural changes they chose. They therefore annulled -the order. Mr. Justice Lush dissented, holding that the Act was "remedial," and must be largely interpreted and with a view to the convenience of the public, but the counter-decision -can only be upset by the Lords or further legislation. The Commissioners are therefore precluded from giving any orders which involve changes of structure in the stations, however -greatly required, and their future usefulness is greatly reduced.
Previous page
