WILTS & BERKS CANAL TRUST

The Wilts and Berks Canal at one time enjoyed considerable traffic but the Great Western Railway Company, having control of the Kennet and Avon Canal over which all its Bristol traffic has to pass from Semington, has been able to checkmate it.

The Act of 1888 has, however, effectually prevented any extension of the power of the railway companies over canals, for section 42 forbids any railway company, director, officer of the railway company without express statutory authority, to allow any part of the company's funds to be applied for the acquisition of any interest in any canal undertaking. The terms of the section are most comprehensive and provide that if it is contravened the interest acquired shall be forfeited to the Crown, and the persons who are to blame shall be liable to repay the company the sum expended and the value of the forfeited interest and proceedings for the recovery of this exemplary penalty may be taken by any shareholder of the company.

But the action of the legislature has not ended there, for section 33 provides that "where a railway company, or the directors or officers of the railway company, or any of them or any person on their behalf have the control over, or the right to interfere in or concerning the traffic conveyed or the tolls, rates or charges levied on the traffic of or for the conveyance of merchandise on a canal or any part of a canal, and it is proved to the satisfaction of the Commissioners that the tolls, rates or charges levied on the traffic of or for the conveyance of merchandise are such that are calculated to divert the traffic from canal to railway, to the detriment of the canal or persons sending traffic over the canal - the Commissioners may, on application of any person interested in the traffic of the canal, make an order requiring the tolls, rates and charges levied to be altered or adjusted, in such a manner that the same shall be reasonable compared with the rates on the railway."

But the Paddington Board (GWR) have also formulated bye-laws, which while they show a benevolent regard for the well being of their servants, which might well be extended to the guards and signalmen on the line, have also acted very effectually in restraint of trade. They prevent all Sunday traffic, they do not allow boats to pass through any lock after 9pm or before 4am, so that a boatman, instead of being able to make a forced march so as to speak, and get through in a day, has to lay-by at 9pm, however near he may be to his destination, and suffer the delay and expense of being out all night.

But in section 40 of the Act, all existing bye-laws cease to have effect unless duly authorised by the Board of Trade within such a time as it shall prescribe, and no new bye-laws may be enacted without its sanction. Moreover, with regard to the existing or future bye-laws the Board of Trade may at any time give the canal company notice of disallowance and then the bye-laws will cease to be in force.

Further, if the canal is not kept in proper condition, and it is contended that the Kennet and Avon needs clearing of mud, the Board of Trade can send down an inspector with all the powers of a Railway Inspector. We should add that the Wilts and Berks canal is connected by a short branch from Swindon, through Cricklade with the Thames and Seven Canal, into which new capital is about to be thrown with a view to developing it as a means of transit.

It will, we think be seen that with the new energy which is to be bestowed upon the management of the Wilts and Berks Canal and the resolute determination of the Legislature to foster canals, there is every propsect of much increased facilities for getting heavy goods from Bristol to London. In the end we believe even the railway companies will benefit, for they will be relieved of a class of traffic which is of no good to them, and which they will eventuallt see they have no business with.

Swindon Advertiser