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in regard to Railway Companies?' And that Section simply deals with
the question of, if you erect conveniences of this sort, charging so much
for the use of them. That special Section, and only that Section, has an
exemption in favour of Railway Companies. Mr. Courthope Munroe
says, and very strongly says: 'If the Act did not apply what is the
necessity of excepting that Section only? 'I think that is a very strong
ground, because if the Act did not apply there was no necessity to except
it at all, whereas if the Act applied altogether, or if it did not apply, it
seems to prove that the Railway Company at the time the Act was
before Parliament had their attention called to it—they had their
representative there, people represented them in Parliament, that
particular Section was legislated for, and that particular Section does not
apply to Railway Companies. I think it is a very strong ground, as
Mr. Courthope Munroe says, that excepting that one Section shows that
the General Act does apply, except, that is, it is so inconsistent that it
ought not to apply. As to the inconsistency, Mr. Glen put it that the
Railway Company have powers, powers which are granted to them by
the Act of Parliament, and powers which make it very necessary that
the very greatest care should be taken in any works that are thought
necessary to be done in reference to the Railway, or otherwise you
might have a very serious accident occurring, for which the Railway
Company would be responsible, although the action was brought about
by an interfering body who came in and required certain work to be
done, or if, as he put it, they had power under the Act of Parliament to
come in and do it themselves, if inexperienced people came and did the
work on the Railway, they might cause a state of affairs which would be
harmful and detrimental to the public, and also to the Railway
Companies themselves. In answer to that, I think one must take it that
a public body must be supposed, if they have powers such as that, which
they undoubtedly would have under the Public Health Act, to enter and
do the work in case of its not being done. They can enter, but at the
same time they are not bound to enter. They might take out summonses,
either at this Court or any other Court—because this decision applies to
the whole of England as far as it goes—and complain that the work was
not done, according to the notice, and have the work done against the
Company. And in default of their doing so, there is power then to
enforce it being done by imposing daily penalties until it is done.