182 



JOURNAL OF HORTICULTUBE AND COTTAGE GABDENEB. 



[ February 27, 1873 



" for the purpose of the improvement of horticulture in all its 

 brandies, ornamental as well as useful," and I assume that they 

 contain nothing "which can affect the present question. 



"By the fifteenth clause of the existing Charter the Council are 

 authorised to make and establish such Bye-Laws as they shall 

 deem useful and necessary for the regulation of the Society, and 

 of the estate, goods, and business thereof, and for carrying into 

 effect the arrangement between the Commissioners and the 

 former Society, and the recited agreements and the affairs in 

 general of the Society, and all matters and things in any wise 

 relating thereto ; to vary, alter, or revoke such Bye^laws, and 

 make others as they shall think most useful and expedient, so 

 that the same be not repugnant to the now stating Charter or 

 laws of the realm. Arid Clause 16 requires all Bye-Laws to be 

 adopted and confirmed at a General Meeting of the Fellows at 

 large of the Society, and provides that in the case of open voting 

 the majority shall bind the minority, but that in case of a 

 ballot (which any five Fellow's may demand), the Bye-Laws, to 

 be binding, must be adopted and confirmed by two-thirds of the 

 Fellows voting. 



" These powers are very large, but I am of opinion that they do 

 not enable the Council, even with the authority of a majority of 

 Fellows at a General Meeting, to enter into or carry into effect 

 the proposed agi-eement with the Commissioners. They may, 

 doubtless, alter' the existing Bye-Laws and make such other 

 regulations as to the admission of visitors to the Gardens as 

 they think fit, but they cannot lawfully pay or apply any of the 

 funds of the Society to any purposes other than those for which 

 the Society was incorporated. They are forbidden to do this by 

 the seventeenth of the existing Bye-Laws, but if that Bye-Law 

 were to be repealed they would remain under the same dis- 

 ability. 



" I am also of opinion that the Council cannot delegate any of 

 their powers to the Conlmissioners, or to any other body ; but 

 this they would do if they were to agree not to alter the annual 

 subscription to the Society without the consent of the Com- 

 missioners, or if they were to agree not to accept any more 

 life members except by agreement with the Commissioners, 

 and to bind the Society to the proposed arrangements dur- 

 ing the whole term of the Society's lease nnless the Exhibition 

 cease. 



" I am of opinion, therefore, that Clauses 3, 4, 6, 10, and 11 of 

 the proposed agreement are beyond the powers of the Council 

 even if they obtain the assent thereto of a majority of Fellows 

 at a General Meeting, and that upon a bill tiled on behaH of 

 the Fellows and Debenture Holders, the Court of Chancery 

 would restrain the CouncU and the Society from entering into 

 or acting upon any such agreement. 



"William Speed, Lincoln's Inn. 



" 19th February, 1873." 



Supposing that the amended propositions had been adopted 

 there is every reason to believe that the Society would have made 

 a good financial bargain with the Eoyal Commissioners. But 

 this arrangement was limited to the continuance of these much- 

 abused annual International Exhibitions, and as the general 

 belief is that these cannot endure, or will not be endured 

 much longer, the prop the Society woiild receive would not be 

 long-lasting. 



We repeat, of whomsoever the new Council is composed, it 

 will have to face the question. What next? Any arrange- 

 ment it may make with the Boyal Commissioners must be of 

 a temporary character, for apart from the failure of the annual 

 Exhibitions, our conviction is, that the Commission itself will 

 ere long cease to exist. Tlie Society will have to seek a home 

 some day, and the sooner this is set about the better.^ 



After having devoted great attention to the relations sub- 

 sisting between the Society and the Eoyal Commissioners, and 

 seeing the small benefits that have resulted to the Society by 

 such a connection, we have long been impressed with the con- 

 viction that the only safety for the Society is to sever the 

 bond and again become independent. There need be no 

 obstacle in the way of such a severance. We beUeve the Eoyal 

 Commissioners feel as much hampered by their connection 

 with the Society as the latter does with them ; and if the two 

 parties would consent to part company, the Society going back 

 to the old homestall at Chiswick and leaving the Eoyal Com- 

 missioners to deal with South Kensington as seems best to 

 them, an arrangement might be made on such a basis as the 

 following, and which would bo equitable for both parties — ■ 



To cancel all agreements existing between the Commissioners 

 and the Society. 



In consideration of the enormous expenditure of upwards of 

 £70,000 which the Society has made on the Commissioners' 

 estate at South Kensington, the Commissioners to take the 

 whole of the Society's debentuie debt, for the haU of which it 

 is already responsible. 



The Society to give up all connection with the South Ken- 

 sington garden and return to Chiswick. 



The Commissioners to take possession of South Kensington 

 garden, and to grant to the Society accommodation and space 

 for holding its meetings and horticultural shows therein on 

 terms that may bo mutually agreed upon. 



In this way the interests of the two bodies would be perfectly 

 distinct, and each might aid the other by united aud har- 

 monious action, instead of, as at present, prolonging a discord 

 which is both injurious and undignified. 



Now that matters have reached their climax, it will be well 

 that all who have any interest in the future welfare of tho 

 Society should act cautiously and with moderation, and on no 

 point should they be more careful than in the selection of 

 those who are to form the Council. Men ought to be put upon' 

 it who have not only the desire of benefiting horticulture, hut 

 who are above all chque influences and who have time to 

 attend to its deliberations. I do not think Mr. Peach showei 

 his wisdom in selecting, as he did, Mr. Hole as one of his 

 nominees. Everyone who knows him admires his geniality 

 and kindness of heart, aud as a Eose-grower and writer he i& 

 well known ; but he lives at Newark, and it would not be fair 

 either to him or the Society that he should be expected to 

 attend what must be now the very frequent meetings of the 

 Council. Mr. Hole was placed on the Floral Committee in 

 recognition of his services as the founder of the National Eose 

 Show, and very justly so ; but I think I am not wrong la 

 saying that it attendances had been counted he would long 

 since have ceased to be a member. It is of little moment- 

 there, but would be a serious matter in the Council. There 

 are plenty of men in and about London who can well fill this 

 position, and by all means let such be chosen. — Not an F.E.H.S. 



[Appended is the Report of the Professor of Botany, which, 

 from want of space, we were compelled to omit from our num- 

 ber of February 13th.] 



DuniNG the past year I have endeavoured, as far as possible, 

 to carry out regularly the duties assigned to the Professor ol 

 Botany in the last Report of the Council. 



In the months of AprU, May, and June I delivered a course of 

 six lectm-es on " Flowers aud Fruits." The average attendance 

 at each lecture was about fifty persons. I m.ay perhaps be per- 

 mitted to remark that it would add considerably to the comfort 

 of the audience if, on future occasions, access coidd be obtained 

 to the offices without the necessity of traversing the Council- 

 room while the lecture is proceeding. I have to thank Messrs.. 

 Veitch for the loan of numerous plants for purposes of illustra- 

 tion, besides those which I obtained from the Society's own. 

 gardens. 



During the Birmingham Show a Horticultural Congress was. 

 held on the afternoous of the 26th and 27th of June. Introduc- 

 tory addresses were delivered by myself aud Mr. Moore, aud ten. 

 papers were read. The want of time for adequate discussion 

 was, however, felt to be a great drawback to the practical use- 

 fulness of the meetings. It appears to me very desirable that, if 

 held at all, the Congress should continue to be under the 

 auspices of the Society ; but I am inclined to think that it would 

 be better to conflue it to a single evening meeting, at which ona 

 or two subjects ouly should be taken up. 



The Journal of the Society wiU for the future be pubhshed 

 quarterly, under the joiut editorship of the Rev. M. J. Berkeley 

 and myself. Each number will coutaiu, iu addition to other 

 matter connected with the scientific work of the Society, a brief 

 resume of the Chiswick meteorological observations, with re- 

 spect to which further information will be found in the Report 

 of the Board of Direction. In exchange for the Chiswick meoeor- 

 ological observations, the Director of the Meteorological Office 

 has regularly sent to the Society the daily charts placed in tho 

 Council-room. 



At the commencement of April the Council placed the charge 

 of the Liudley Library in my hands. Having to a considerable 

 extent re-arranged the books, I was able to suggest to the Trus- 

 tees the sale of seventy-six volumes which were cither duplicates 

 or iinconuectedwith botanical or horticultural subjects. During 

 the ])ast year 108 volumes have been added, aud seveuty-niue 

 volumes "bound. Access to this hbrary I have found of_ the 

 greatest possible importance in the performance of my official 

 work, more especially on the show days. 



Ou the 18th of July I despatched to the Jardin des Plantes a 

 collection of forty-two species of Orchids from the Society's 

 collection. These, together with a collection from W. Marshall, 

 Esq., reached Paris in good condition, and during the summer 

 I had the satisfaction of personally seeing tlie appreciation in 

 which they were held. Besides engaging in a considerable and 



