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of the Gardens by this particular kind of encroachment. The noise made by a cable amway must be well known now to every resident, the rattling of the wheels over which he cables run can be heard far from the present line and it is through the quietest part of the Gardens, most remote at present from noisy roads, that it is proposed to run these trams. It would moreover be difficult to imagine anything more detrimental to the beauty of the Gardens than a straight cutting 100 feet wide succeeded by a line of trestles carrying the inetals on which the cars would run. The Gardens are widely famed for their beauty, and are frequently and justly spoken of as the prettiest for their size of all the fine Botanic Gardens for which our Colonies are famous.
As a botanist I specially deplore and most earnestly protest against the proposal that this cutting should pass through and utterly destroy one of the best collections of palms and other trees in the world. More than 100 fine, well grown palins, some of them magnificent specimens, are marked on the plan before you for destruction, besides numerous smaller trees and shrubs of great scientific value. Not one of them can be transplanted in consequence of their size and age and even if their removal were possible there would be no space available for their reception. I would ask you to consider the patient labour and the skill, supported by liberal funds from the Government during the last 40 years, which have resulted in the accumulation of this splendid collection. There was hardly a tropical botanic garden in the seventies that did not either by direct gift or with the generous assistance of the Royal Botanic Gardens at Kew send us contributions. The difficulty of getting small trees in a living state from distant countries is very great and each tree thus obtained is often established only after several failures. Such a series as we possess is therefore a lasting monument of past enterprise as well as a scientific possession of priceless value of which not only the Colony but the English botanical world may be justly proud.
There are I think some very special grounds such as I have detailed above why our smmall Gardens and this particular part of them should not be thus intruded upon, but so much light is thrown upon the general question of encroachment upon open spaces in large towns by the wholesome principles and practice, well established during the last half century in such cases in England by English public opinion, that I would also invite your attention to the legislation and to the decisions of the highest courts in London upon the subject and I am convinced that in them will be found opinions accentuating the contentions that I am endeavouring to express in support of my views. Such an encroachment would I believe be found to be utterly opposed to the spirit and letter of English law as well as to the true spirit of social progress which animates our home parliament in dealing with these and like matters in England.
The principle at least of the Common Acts of 1866 and 1876 will I believe be res- pected here, by which lands over which there are any public rights are secured from encroachment, and I feel sure that the application of the principle to these Gardens which have been for 40 years dedicated to public use and have been largely used during the whole of that period will be appreciated. To show the great public interest felt and the strong public opinion existing on this subject of the prevention of encroachment on open spaces I would refer to the existence and activity of the "Commons Preservation Society" of London which has for its object the prevention of encroachment upon all lands dedicated to the use of the public. There is also the active and successful" Metropolitan Public Gardens Association" formed by the Earl of Meath in 1882 for the special object of opening Metropolitan Gardens and preserving them from encroachment. Similar organizations flourish in most of the larger towns of England as well as in many of the Colonies.
As I have been instructed to submit this minute without delay I am unable to give any detailed reference to the proceedings of these Societies or to the speeches made during the debates in the House of Commons on the Acts referred to, but in them could doubtless be found many cogent arguments in support of my contention. These arguments I submit apply with special force to the case of our small, beautiful and scientifically valuable gardens and when the unsightliness and noisiness of this particular kind of encroachment is con- sidered I am confident that the feeling of the community will recoil from this irreparable injury.
S. T. DUNN,
Superintendent, Botanical and Forestry Department.
26th May, 1909.