Free Travel Appeal Dismissed
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ON Tuesday the Court of Appeal dismissed with costs the appeal by Birmingham Corporation against a decision of Mr. Justice Vaisey in the Chancery Division, that their scheme allowing old-age pensioners to travel free during certain times was illegal.
Mr. G. V. PreScott, a ratepayer, had successfully sued the corporation, claiming a declaration that the scheme was ultra vires.
Lord Justice Jenkins, delivering judgment, said that at a meeting of the finance committee in October, 1952, it was resolved that women of 65 and over and men of 70 and over should have free use of the corporation's transport services.
The Licensing Authority had required that the cost should be met out of the general rate fund, as opposed to an 'increase in fares.
For the corporation, Mr. Michael Rowe, Q.C., had submitted, said his Lordship, that the transport undertaking was not to be regarded purely as a business enterprise and the function of the corporation was to provide transport services for the benefit of any inhabitant of the city. That included carriage of workmen and children free or at half-fares, and blind and disabled persons. He contended that the scheme in question was only another example of equal legitimate discrimination.
Lord Justice Jenkins said the court could not accept Mr. Rowe's allegation. Whilst it was left M the corporation to decide what fares should be charged within a maximum, the undertaking should be run as a business venture. The concession in respect of workmen was enjoined by statute and those in respect of children were universally agreed by transport undertakings, but the present scheme went beyond anything that could reasonably be authorized and the corporation misapprehended the nature and scope of their discretionary powers.
The court granted leave to appeal to the House of Lords on condition that the order as to costs made so far should not be disturbed and that the corporation should not ask for costs against Mr. Prescott if the appeal were successful.
A proposal to promote a one-clausc Parliamentary Bill to legalize free travel on the buses will come before next Tuesday's meeting of Birmingham's City Council. The meeting may also consider whether to appeal.