Irish Railway Record Society

HISTORY OF RAILWAY LEGISLATION  6

IRISH TRAMWAY AND LIGHT RAILWAY LAW

Part 2

Tim Moriarty 

BALFOUR'S ACT

The process by which existing railway companies became the promoters of light railways and tramways under the acts was a gradual one. Initially they could not be promoters unless they obtained a Special Act of Parliament. They could however subscribe to a proposed line under the Act of 1883 if their shareholders agreed. By the act of 1889 the Lord Lieutenant by Order in Council could authorise an Irish railway having a line open for traffic to build a light railway "between certain places for the development of fisheries or other industries" and such railways could be aided by loans or grants administered by the Board of Works. In other words the main companies could now become the promoters of Light Railways. This Act was known as Balfour's Act the bill being vigorously supported even during his holidays by Arthur J Balfour (1848-1930) then Chief Secretary for Ireland. Some 319 miles of light railway were built after his Act, 194 on the standard gauge and 125 narrow gauge. 

It was generally accepted at the time of the promotion of Balfour's Act that "there is now no place in Ireland that a railway can be made to, that would pay in the first instance, for the outlay". This view was shared by the railway companies who had appeared before the Royal Commission on Irish Public Works. Accordingly Government assistance may be seen as a genuine attempt by Britain to help Ireland in matters of communication and the fostering of local industries. But it must be viewed also against the background of British Conservative Politics of the day for strengthening and maintaining the Union with Britain. By tackling the Irish problems of poverty, land ownership, poor farming methods, communications and market access the British Government hoped to dissipate the aspirations, agitation and efforts for Home Rule. Balfour's policy was one of "killing Home Rule with kindness"  As well as the railways he was responsible for the Land Act of 1891 (also known as Balfour's Act), the Congested Districts Boards and the reform of Local Government. "There is no need to wait for 'Home Rule" wrote Herapaths Railway Journal in November 1889 "to start enterprises for which circumstances will never be more favourable than at present"

Railway Companies were empowered by the Transfer of Railways (Ireland) Act 1890 to have transferred and vested in them light railways and tramways of promoters with the approval of the Railway and Canal Commission. The railway company was then deemed to be the amalgamated company and the promoters the dissolved company. Following the transfer the railway company could apply for an Order in Council to allow them to raise additional capital and to borrow money on mortgage. They also assumed the responsibility to pay promptly the dividends on the baronial guaranteed shares being in due course reimbursed by the baronies. There was however no automatic transfer of staff from the promoting company to the railway company. Only by agreement could "any clerk, officer, or servant of the promoters become or be a clerk, officer or servant of the railway company" (s4).

Where Government contribution based on estimates for Light railways was insufficient for construction and equipment, the working companies preferred to have these Light Railways made as ordinary standard gauge railways but with lighter rails e.g. 65lb as opposed to 95 lb per yard. So companies who undertook to work and maintain railways constructed under Balfour's Act often contributed themselves towards the cost of construction and equipment. It may well be asked if this was philanthropy or shrewd business acumen or both? Thomas Andrews (of Titanic fame) a director of the B&CDR told the Ardglass inquiry (q.v.) "All railway companies are in the same position (as the B&CDR). There are a number of branches tacked on to all large lines. They don't pay per se but yet it is a wise policy to have these lines tacked on, as indirectly they pay the company". Twelve lines totalling 236.75 miles received state assistance under the Acts of 1889 and 1893 (see post at Lines Built).

THE CONGESTED DISTRICTS

Under the Irish Act of 1896 where the Lord Lieutenant was satisfied that the making of a railway was necessary for the development of any district but could not be constructed without state aid, the Treasury were authorised to make an agreement with an existing railway company and to make an advance of money as a free grant. The railway company could be empowered to construct or re-construct and maintain as part of the railway any necessary quay, harbour or jetty.

The Congested Districts were the poorer parts in the west, south and north west of the country and the Congested Districts Boards (CDB) were called into existence in 1891 (by Balfour q.v.) to ameliorate the conditions of life of the inhabitants by fostering agriculture, sea fishing, enlarging holdings etc. They were called "congested" not because of any density of population but because of the insufficiency of good land for their support. In the case of a railway proposed for these areas if an existing railway company could not be found to construct the railway the Board of Works could construct or contract for the construction of the line and be conferred with all the powers of the Land Clauses Acts as promoters of the undertaking.

Reports of the CDB in 1896 & 1898 were very complimentary to the railways especially the MGWR "who gave great facilities...for the conveyance of fish from Clifden to Dublin". For this traffic zinc lined vans with ice chambers were used and a special fish siding was provided at Tonragee, near Achill. It cost one shilling and sixpence to send a hundredweight of herrings from Clifden to Dublin. In the South the CB&SCR gave a portion of their station premises for the packing and icing of fish. The GS&WR ran fish specials from Valentia to Dublin's North Wall a distance of 240 miles at 35 mph. So much of the Irish fish traffic destined for the UK market was conveyed over "light railways and single track". Thus in an era before frozen foods the light railways contributed much to the fishing industry and to the work of the Congested Districts Board generally.

LINES BUILT

Light Railways including standard gauge were subsequently built in Galway, Kerry, Mayo and Donegal place where they could never have been commercially viable but were to prove of benefit for commerce and tourism until the rise of the road motor vehicle brought about their demise. Good examples here were the lines to Kenmare and Valentia the cost of construction being greatly assisted by Government money. The GS&WR was authorised by Order in 1891 to construct and work the West Kerry (Killorglin and Valencia) Railway, which cost £243,627. The Government contributed a free grant of £85,000; the GS&WR spent £88,627 in addition to the guaranteed capital of £70,000 for which the Grand Jury of Kerry guaranteed dividends at 4% in perpetuity.

The land through which the Valentia Branch passed was of poor quality but the importance of its construction won way by the benefit of rail connection with Valentia Harbour apart altogether from the spectacular features of the line - steep gradients, tunnels, bridges and cliff hanging section above the Atlantic. The Kenmare branch because of its severe grades had a permanent speed restriction of 25 mph.

Other examples of standard gauge constructed after the Act of 1883 was the Loughrea Branch and the line to Clifden, which was aided by a Government Grant of £264,000. The Clifden branch followed an inland route as recommended by the Allport Commission but a branch of some ten miles from Recess to Killary harbour "which has remarkable advantages for fishing as well as great advantage for summer traffic" was never built. It would have added some £40,000 to the lines construction.

The Tralee & Dingle was built as narrow gauge despite the recommendations of Allport who estimated that the difference between construction on narrow and standard gauges would be in the region of £14,000. 

The line from KIlrush to Kilkee was proposed as a standard gauge in 1860 but nothing happened for some 25 years until the West Clare Railway obtained an order under the Act of 1883 for a three-foot gauge line from Ennis to Milltown Malbay.

By contrast the Londonderry & Lough Swilly Railway was built to standard gauge from Derry to Farland Point in 1863 and converted to narrow gauge authorised by legislation in 1880.

The Finn Valley Railway converted its line form Strabane to Stranorlar from standard to narrow gauge in 1884 and sold its redundant stock to the DW&WR.

In only one case did Allport recommend the adoption of the three-foot gauge, this was in the proposed extensions to Mulroy Bay and Sheep Haven in north Donegal. His reasoning here was that this line would be an extension of the Lough Swilly (L&LSR) and Letterkenny lines already built on the narrow gauge.

Where a light railway under Act of 1896 or under any other light railway act was aided out of public money The Board of Works could appoint a "fit person to inspect and report upon the condition of the undertaking and the working, maintenance and development of same." This work was contracted out to competent railway officers and engineers and five lines were examined viz. Donegal and Killybegs, Stranorlar and Glenties, Collooney and Claremorris, West and South Clare, Letterkenny and Burtonport. Where an adverse report was given the Privy Council could by order appoint a manager or receiver of the undertaking with powers conveyed by the order. In 1917 the board asked Joseph Tatlow then a director of the MGWR to carry out such an investigation into the Burtonport line. An order was duly made appointing Mr Hunt of the L&LSR as manager for two years of the Burtonport line "subject to the supervision of Mr Tatlow"- much to his surprise [22].

  Despite the Baronial Guarantee and Government money some lines thus constructed never paid and continued to loose money. To an extent this had been foreseen and the legislation made provision for such lines to be run by a committee of management of the Grand Jury. Five lines eventually succumbed to County Council management. The Local Government Act of 1898 amended the Tramways Act of 1883 and allowed tramways, which had become the property of a County Council to be taken over by an existing railway. The Tralee & Dingle was transferred to a committee of management of the Grand Jury of County Kerry (later by Kerry County and Tralee Urban District Council) in 1896 just five years after it opened. The Scull & Skibbereen and the Timoleague & Courtmacsherry lines were managed by Cork County Council. In 1916 the management of the Dublin & Blessington (D&BST) passed to the Surveyor of Dublin County Council. Much later in 1928 the CVR was transferred to a committee of management of the county councils of Fermanagh and Tyrone and the Ministry of Commerce (NI) by the Clogher Valley (Committee of Management) Order of 1928. The Railway Commission of 1922 had recommended it be taken over by the GNR(I) who had declined.

Copyright © 2008 by Irish Railway Record Society Limited
Revised: January 04, 2016 .