all trains, for all classes, on
all railways, except on the railway of the Metropolitan Company. Up to
then the railway smoker had to obtain the consent of his fellow
passengers in the same compartment before he could light up, or brave
their displeasure; and many were the altercations that ensued. The Act
also imposed penalties on railways who provided trains for attending
prize fights, which was hard on companies of sporting instincts. A
clause provided for means of communication between passengers and the
servants of the company in charge of trains running twenty miles without
stopping; and another clause gave the companies power to cut down trees
adjoining their line which might be dangerous. Prior to 1868, although
railways had then existed for three and forty years, the accounts of one
company could not usefully be compared with those of another, for
scarcely any two companies made up their accounts in the same way.
Variety may be charming, but uniformity has its advantages.

The Board of Trade, in 1871, was endowed with further powers. By the
_Regulation of Railways Act_ of that year, they were given additional
rights of inspection; authority to enquire into accidents, and further
powers in regard to the opening of additional lines of railway, stations
or junctions. And by this statute the companies were required to furnish
the Board of Trade with elaborate statistical documents, annually, in a
form prescribed in a schedule to the Act.

The only other important Act down to the year 1875 is the _Regulation of
Railways Act_ of 1873. This Act was passed for the purpose of making
"better provision for carrying into effect the _Railway and Canal Traffic
Act_ of 1854, and for other purposes connected therewith." In 1872 a
Joint Committee of both Houses sat and, following upon their report, this
Act was passed. It established a new tribunal, to be called the _Railway
and Canal Commission_, to consist of three Commissioners, of whom--one
was to be experienced in the law, one in railway business, and it also
authorised the appointment of not more than two _assistant_
Commissioners. As to the _third Commissioner_, no mention was made of
qualifications. This tribunal, though styled a _Commission_, conducted
its work as if it were a court; and a regularly constituted court in time
it became. By the _Railway and Canal Traffic Act_, 1888, the section in
the Act of 1873 appointing the Commission was repealed and a