JOURNAL OF HORTICULTURE AND COTTAGE GARDENER. 
June 23, 1881. ] 
23rd 
24th 
Th 
F 
Sale of Plants at Womersley House, Crouch HiU, by Mr. J. C. 
25th 
s 
[Stevens. 
26th 
Sun 
2nd Sunday after Trinity. 
27th 
M 
[11 a.m. Rose and Pelargonium Shows, and Evening Fete. 
28th 
TU 
Royal Horticultural Society—Fruit and Floral Committees at 
29th 
W 
Leeds Show, Farniugham (Roses), Croydon and Lee Shows. 
THE ROYAL HORTICULTURAL SOCIETY. 
N another page we publish the fulUtext of the 
judgment of Mr. Justice Fry in the action of 
the Royal Commissioners of the Exhibition of 
1851, as landlords of the gardens in the oc¬ 
cupation of the above Society, on the alleged 
grounds of non-payment of rent. The dif- 
ferences that have existed between the Commis¬ 
sioners and the Society have probably never been made 
so clear to the horticultural public as they are now. 
The question at issue has, perhaps not generally, yet to 
a very great extent, been regarded as a simple difference be¬ 
tween landlord and tenant, as if the case were one of ordinary 
private property and where the tenant’s right of occupation 
rested solely on his actual payment of rent. Judged, as the 
Society has undoubtedly been judged on this basis, the result 
has been that to a not inconsiderable extent it has suffered 
from an alienation of public sympathy and has been deprived 
of the support which it would otherwise have had. 
Whatever may be said against the rights of property, the 
sense of justice is so deeply engraven on the public mind of 
this country, that a man or body of men refusing to fulfil 
engagements that have been entered into is not likely to enjoy 
public confidence. If by imprudence, or, indeed, from almost 
any cause, rent is not forthcoming when it is due, the defaulter 
pays the penalty imposed by the circumstances, and the land¬ 
lord exercises his undoubted right to recover possession of his 
property. Although the tenant under certain conditions may re¬ 
ceive a measure of sympathy, it is not usually of' a substantial 
character, and when once the word “ rent failure " attaches 
to a man, company, or society, public support is immediately 
estranged. That a feeling of this kind, more or less appre¬ 
ciable, has been entertained in respect of the Royal Horti¬ 
cultural Society is certain ; but it is one of the most hopeful 
signs of the future, notwithstanding the peculiar position of 
the Society—with past dissensions still exerting a baleful in¬ 
fluence, with difficulties impeding its progress, with the then 
pending litigation engendering a feeling of uncertainty as 
regards the future—that such steady and in some instances such 
generous support should have been accorded it during the past 
few years. This support could not have been conferred had not 
the true position of the Society been understood, and had not 
the Council carried out the objects for which it was established 
in a loyal, legitimate, and honourable manner. 
A careful perusal of the very able and singularly lucid 
digest of the whole case by the Judge, will show most con¬ 
clusively that the relative positions of the Commissioners 
501 
and the Society are essentially different from those that 
ordinarily exist between landlord and tenant. The pay¬ 
ment of what is called rent is not the first and paramount 
duty of the Society. Other stipulated conditions have to be 
fulfilled, and not till these have been complied with can pay¬ 
ment of a sum be demanded by the Commissioners, and before 
the demand can be tenable it is incumbent that the precise 
sum that is due be ascertained. That this was not done was 
certainly not the fault of the Society, for the Commissioners 
were formally invited by the Council to summon the Expenses 
Committee, but the request was not complied with. In this 
they erred, so far as regards sustaining their position and 
demand, and the Society legally maintains its ground ; and in 
another important respect it maintains it morally also, and 
this as regards their defence of the interests of the debenture 
holders. 
It may be said that the recent action was decided on a 
technical point—the non-fulfilment of a certain stipulation tha t 
did not affect the real merits of that part of the case in which 
the interests of the debenture holders were involved. This is, 
to say the least, taking a very advanced view of the case. 
The real position of the question is this—One given and 
essential point was abundantly sufficient in the estimation of 
the Judge for determining the question at issue, and it was 
unnecessary to enter elaborately into any subsidiary issues, 
however important these might be. Yet, sufficient was said 
incidentally on the injustice to which the debenture holders 
would have been subjected if they had been deprived of their 
security in the summary manner proposed. Instead of their 
position being weakened, it has been greatly and justly 
strengthened and fortified, and in substance as well as in form 
the case was won by the Society. 
Here the litigation ends, and it would have been better if it 
had not been begun. The Commissioners, however, felt it 
their duty to put the law in operation, and the Society, con¬ 
sidering their relations with the debenture holders, had no 
choice but to defend the action. Under the circumstances, 
even if the case had terminated differently, it is not conceiv¬ 
able that the horticultural public would have disapproved of 
the action that was determined upon by the Council. 
But to the future. Cannot any differences that may arise 
between the Commissioners and the Society be settled by 
mutual arrangement, and in an amicable manner, consistently 
with justice being done to all parties, so as to improve the 
property of the one without injuring the interests of the other ? 
This is what we consider could be done and should be done ; 
and we further think it might be done if united action were 
taken, and an earnest endeavour made to settle such differences 
in a satisfactory and equitable manner. 
The position of the Society stands thus : It was established 
to promote and support an important industry—the improve¬ 
ment and promotion of scientific and practical horticulture. 
To this end such resources that may be placed at the command 
of the Council will be applied. The extent of the work to 
be done depends wholly on the support that is received. For 
some time past uncertainty has prevailed, an uncertainty that 
could not be otherwise than enervating. Yet notwithstanding 
there has been a steady accession of new Fellows ; and now 
that firmer ground will be felt, and safety is secured for some 
time to come, it may be reasonably expected that a larger 
measure of support will be accorded. 
No. 62 .—Yol. II., Third Series. 
No. 1708.— Yol. LXV., Old Series. 
