THE GLOBE. WEDNESDAY, JUNE 8, 1881. THE TRAMWAY BY-LAW.

Globe, Volume XXIII, Issue 2241, 8 June 1881, Page 2

THE GLOBE. WEDNESDAY, JUNE 8, 1881. THE TRAMWAY BY-LAW.

As will have been observed from the report of the proceedings of the City Council, notice has been given for the rescinding of the by-law recently passed with respect to the Tramway. This was to be expected after the strong opposition manifested by the general public. The Council have, we think, made the mistake of interfering unduly and without cause in petty matters of detail which can have little or no effect upon the broad question of public safety. There was certainly no need, for instance, for them to have gone into the enactment of a by-law to regulate the number of passengers to bo carried. This would be all very well and proper legislation if the cars were propelled by horse power, but we cannot see the force of the Council interfering to prevent the steam motion from being overworked by having two or three extra passengers. If the public are inconvenienced or an accident occurs through over-crowding, the company are liable to be sued similarly with railway companies. How this restriction would work very inconveniently as regards the public has been demonstrated by numerous correspondents in the local journals. Henee we find that here is something intended to bo put in force, which, while not conducing to the convenience of the public, yet acts vexatiously with regard to a public company which is doing good work in rendering access to and from the suburbs cheap, safe, and convenient. This is one instance where we think the Council have descended to mere minor details, ignoring the broad and comprehensive grounds upon which, if the Council wished to regulate the traffic in the interests of the public,’ the by-law should have been framed. Had this been done there could have been no possible objection to the Council, as the local governing body, exercising a general power of control. But to do this it is not necessary to enact by-laws. The Council have very wide and comprehensive powers given to them by the Act and under their deed of concession, so that the by-law is really not required. In former articles on this subject we urged upon the Council the necessity of exercising their powers under the Act. We were, however, certainly not prepared to find them interfering most unwarrantably and unduly with the working of a company which has invested so large an amount of capital, and has, it will be admitted, conducted the traffic in an admirable manner. That this is the case will, we think, be seen by a reference to the text of the by-law which we published a few days back. The enactments are merely dealing with matters which should be beneath the dignity of an important body such as the City Council, who might as well legislate for the regulating the traffic of perambulators and nursemaids on the side walks. It must certainly have been a very great surprise to the public to find that, after all the flourish of trumpets as to what was going to be accomplished by the By-law Committee, there should come out a mere dealing with petty details a vexatious and uncalled - for interference with private enterprise to no good public end. The Council could scarcely have looked at the matter in its proper light when it came before them, or they must have seen that the proposed by-law could bo made an instrument of much vexation and annoyance to the company, and that, too, when by its provisions the convenience of the public has not in one iota been increased or conserved. It is, therefore, matter for congratulation that, by Cr. Cuff’s motion, an opportunity is afforded to the Council to reconsider its decision, and we hope that the result will he the rescinding of the by-law. Ample powers in the interests of the public are given by the Tramways Act, and if they are in earnest in wishing to see the company conduct its business under supervision, let them use these. As it is now, they have laid themselves open to the charge of potty spite and personal bias, and this is to some extent fostered by the absurd restrictions imposed in the by-law.