Portland Guardian (Vic. : 1876 - 1953), Friday 2 September 1887, page 2


TuE L iAW TEBNIS GROSUD AgAI..Contrary to general expectations the right to occupy the piece of ground in the Botanical Gardens known as the Lawn Tennms Court has been revived.. Our readers will remember that at the beginning of 1885 a dispute over this land occurred between two Croquet Clubs, and after the matter had been threshed out in the columns of the local paper the Borough Council very wisely decided to withdraw anything they might have on their books giving one club a preference over another,: and this was fulfilled by the carrying of a resolution that all motions on the Council's minutes having reference to Lawn and Tennis Courti be resciinded.. The passing of such- a resolution, gave no one party a privilege- that others could not likewise enjoy, and although this was considered by some as 'unjust, as one club had gone to considerable expense in preparing the ground, it was pointed out that when the sanction of the Council was asked to use the ground it was decided "that the request be granted on the distinct understanding that the club in question shall not have exclusive use of same, or any portion of the Gardens, and that the Council may resume posession by notice at any hour." This clearly shows that in the very first instance the ground was neverintended to be given to any one party, and that the subsequent action in cancelling every motion dispelled al claims. A number of residents have been using the ground ever since without interruption as a Tennis Court, &o., the sport proving no doubt healthful and enjoyable. . On Wednesday afternoon, however, a change came o'er the scene. The Militia Band; according to promise, proceeded to carry out their advertised programme in the: Gardeni; and iere fortunate inhaving a large audience. The spot selected for the band was on, the Tennis Court-as suitable a place as could be well imagined. b"h o one was using. the ground at the time, and having obtained the sanction of the Mayor to play in the Gardens, they very naturally selected the most approprite. spot. When a portion of, the programme had been gone through some of the tennis players put in an ap.' pearaice and the bandmaster was told the ground was required for tennis purposes. After some demnr,and probably with the idea of preventing a scene, the. band moved to another spot, and the tennis players - four young men -took possession. Now it appears. to us that there is something decidedly wrong if four-or even a dozen-peo:le can make another body move off a piece of land such as that'under notice, particularly as in the case in point, when those who were in possession first wcore catering for the amusement of the public, while the ousters, so to speak, required it for their own personal amusement. The teunis players have been allowed to iius the ground without interruption so long that they-or some of themnappear to think they have a perfect right to lmonopolise it. .ltclh. we hold, is not the case, and uuder the circulmstances we fail to see by what right the lhan.l was rerquested to move. It is not the luero matter of tinding a piece of ground large enough to form the band circle that is looked at, lbt thei action of being politely requested to " move on " that is objected to, particularly when a large number of residents were likewise inconvenienced.Tosay the least, under the circumstances, and sup.

posing the tennis players to have a prior claim to the ground than our public band-which we distinctly denyand considering the number who wanted to use the ground, the band might have been allowed to remain ini" possession of theo positioii they had taken up for the afternoon. This should be a tmat:cr for the, Council to deal with. for no one party hias a right t i? prior clitim to any portion of our public gardens over ait lto , a ll tdrr di tbesnmner is allpproachling' when no doubt others besides members composing the one club will desire toeuse tli ground st'ipi should be tiken to pruecut .s rc?etifito, of the January 1865 dtisp.t . ..'uo?nirl,--A we umentioed itt our last-iesite maniatch will -be played to.morrow between teams representing the Plortland uCollegei atd llamiltm Academy. TThe respective tearms will be chosed fromn the following:--Portlahid Collego: :i. Spieoice (calptain), Keinnedy, 1utler, Perry, 'l'ulloh, Drmni-: imond, l)unbar, lnnnettt. Barron.. I!. Spence, M3itheson, Cameron, Uarrison, Hleaney, Crnsel 0'llcilly (2).) Ifauniltou Academy-Macnillan (capttain), R]obertson, Thompson, tuartcrr ("), Davis, Konnau, Brown, Paisley. Seymour, Stewart, McArthur, Morrison. King, Macmillan. C. Laidlaw, Thomas, Destree, and Smithwick, Play will coutmmene SatOKE NI?ln'r- I:Arrngeietis lad been made toIhayve a smnko night itn connection with the local branccl of the A.N.A. on Tuesday next. a good pro. gramme having been ariranged for the entertainment of visitors. It has been decided, however, to postpone the gath ering for a fortnight in deference to a lecture to be delivered on the night originally fixed upon by, thie hiCe.I Mr. MacDougall in the Wesleyan Church. POLICE CoURT.-At the local court yesterday Sergeant Kentnedy, as Inspector of Nuisances for the Borough, proceeded against a numtber of residents for allowing cattle to wanderat large in the streets and in all cases succeeded in obtaining convictions. The following. is the list and fines:--Joseph Wright, 8 head, fined 2s Gd in each case, and 2s Gd costs. R. Edriclh, 2 head, fined 2s Gd in each case, and 2s '3d costs. Thos. Bennett, J. Carroll, W. Parker, 1 head, eachfined 2stldand "I/osts.Il. layward and IH Goldsmith for I head were fined 5s and 2si Gd costs, as in their -cases it was a second offence. The Trnatit Inspector proceeded against C. Patterson for neglecting to send a child to school the requisite number of days. A fine of 2s Gd and 2s Gd costs was imposed. The presiding magistrates were Messrs. Thos. MInst and Lindsay Clarke. A l'.~sFCL ACCIDENT. - On Sunday night at elderly lady named Mrs. iigh land met with a painful accident in a remarkably simple manner. From ihat we have been able to learn it appears that Mrs. Highland had been living with her daughter, Mrs. Fanning, at Bessiebello, and in order that she might be in readiness to proceed to Adelaide on a visit to another daughter there she was brought to Portland on Sunday and put up at the Buildors! Arms Hotel. When about to retire for the night, and during the temporary absence of her .daughter from the room, the. old lady feolaiid injured her leg badly at the hip. Mrs. Fanning returned at once to the roou, and in answer to inquiries her mother stated that she tripped over the carpet. Although the fall was considered a nasty one, it was not thought any of the bones were broken. However, next morning Dr. Levis was called in but unfortunately the leg was too much swollen to examine the injured part, but he advised her removal to the hospital. On'Tuosdasi this was doile; and an examination by Dr. Brewer convinced him that the bone was broken and the leg was at once set. The injured lady is 80 years of age and although greatly prostrated by the pain is progressing as favorably as can be expected tader the trying circumstances. OUaSAv.i CotsxrcnER.--Tl e Premier has received a communication from the agent-general intimating that the Lords of the Admiraly have consented to allow Captain Thomas to remain in .com.mand of the Victorian naval forces for a further period of two years; from the 31st March last, his colonial service to be counted for promotion as if he were in coniminiid of a British warship at sea. A Foorss n C.usE.-A telegrtam from WarrntinboIltellsius (,Argus) thatafoot. balling disppute was heard in the police court on Tuesday.. Saltau, a member of the Warrnambool club, proceeded against Finnigan, of the Tower-hill club, for £5 damages for ?ssault, the defeidnt hav-. ing struck the plaintiff a heavy blow in the face whilst the latter was disputing a niaTrk With', another player.: A- largeo number of witnesses on both sides.were examined. : The magistrate reprobiated such rotgh conduct on the football field, a:ld awarded the damages claimed with £111scosts.: ' ' TH. TvRENDr na Sros.uL Tirough the courtosy of.!lMr: Brownlaw-; of Tyrenldarm, we liave receivel a pies iof stone fron tihe new qusrry just opened up at Tvrentdarni? We hIave'alea idahluded to the stone, andt those mttild mayty view it in unsr shop window. hti-n• S~s i.?T? \ t '3ic s 'Iotel Mr. J.n R Wodisbmtt sc'eral parelsd of landl in thle ettst 7of ihe lute fr. Owenr O'Reilly. Alltitietit tiP l tik p-arish lof to l1Mre hnn3en, 5nt. ' p~r st Allotnicitt 4, iii Pecn-: riet t onthi utaininig Ialf-ant-acre;r ii a" Inu ght by MrC. . \ Robiti on fuir £1. Tsed reiluttiitmg Iwo toviU lilotlelltut sere nuot sold; one leini,. passedl in at £6, and for the olther no offelr wals made. A.t. Foc-rsunis. -Last night the members ot Court Ifope. A.O.1.. celebrated their 2lth nuniversary by a sutpper hehl i the Foresters' lltt,. 'awlecr street. There were iupwards o, -O ie-Sons prusent i cludig rI.CpreCsenitatives of all lithe icielit orders ii the town, aild it o't:luck thi collllplly -eat ldownr to an excellent cold cillation iTovidcl i Mris. Ithrlash. Aftier amplle jus.tice ht: tli th& oe t, lie got, thuigs tirovided a ple?aeani tvenin wa, .peni in speech ilakiig, 'hngiig. S .. all pies. ut apual'iig to \eiry niuch eiij oy the proceeditigs. The Mh1or, ilSo. \V. T. Vile, oceiljiod the chai'. iiol.u . Trickiey ofliciating as vice-chairnlau. racessulre upon our slace conlpiels us to holu o\'cr a more extended report until lnext issue,.

MILITIA hAND,-On Wednesday afternoon, according to published announcorent, the militia band proceeded to the Botanical Gardens. On arrival it was found th;itasf assemblage of some 150 piersons were present in anticipation of at?''isftrictcn's' entertainment, and in this we believo no one was disappointed. IThe progranmme discoursed was a well selected one. and the separate itelms were excellently rendered, the appreciation in some ctses being expressed in the forin of clapping. The weather was all that couhl be desired until just at thIeooinclision of thi prceedings when there was a slight showerof rain. We 'trust theohand will again visit the Gardens before the half-holiday season termintates. Poi'rr Adlas Crun.-M3embers of this institution were called together last evening to discuss imnttors relating to the financial position of the club in particular and matters of management in general -Mr. D. lMsachern occupied the chair, and. after a couple of hours had been' spent over matters in general the only real itemit of interest' appeated to be the decidling upon better supervision in the caretaking. Members seemed to be fully alive to"th .necessity of having a male pierson to look after the club's property be responsible for the library books,j and to'do which almost constant attendance at the rooms would be necessary. The appointment of such an officer would prevent subscribers as well as non-sub. scribers taking books indiscriminately,. antd through a careful record being' kept missing books could easily hi traced. The lirancia.l'position was gone carefully into, and although the liability had neen increased somie £20 it was found that over £30 lnd to be expended List year in painting the rooms, provitding a new billiarn table cover and other necessary expenses which should not occur again for a year or two at the least. TItE DAKIx CAsE.-The "attack" on the Attorney-General in connection with, the Dakin contemupt of Court case was made, repulsed, and forgotten in the Legislative .uAeeml,ly on Wednesday in less than an hour. Mr. Gaunson, who ,nbroughlt up the subject, dealt with it very mihlly on a nmotioni for the adjournment of the House, and the gravamen of his charge was t tt the Attorney-General should have protected the judges of the Snpreume Court, and prevented the proeeudings against M3r. )akiin bylbuying the hutd he occupied, and from which -noises arose which disturbed the administration of justice. Mr. O. Young seconded the motion, anti questioned the propriety of continuing the power in tihe judges to act towardnls any person as the Chief. Justice had acted towards MIr. Dakin. Mr. Wrixon had a sympatlietic hearing. He said that the Sulpreme Court lntist secure itself against molestation, and was entitled to put a stop to any noises which interfered with the perfornman?e of its duty to the people. If such disturknee occurred in the vicinity of Parlianient-laptse, it would be stopped, whether the law bave power or not. He distinctly repludiated the responsibility of the Government to buy out any person who canseil a nuliance near a courthouse. Where would that end ? S,) long as Mr. I)akin coniucted l his business as he was bound to do, withlont injuring anyoine, he would not Ie disturbed, but the matter had not been finaltly tisposel of. As to the conduct of the Chief Jutice, he would say nothing, and the Hole cheereudl this determuination. The motion was negatived. IR.turr DEsTuRCTIro..--The Minister of Lands has received a letter from Mr. 1H. A. Bertrand, an engineer, at present in Iloumania. who states that he has devised a method of destroying rabbits without the use of poison. No descrip. tion of the system is given, but Mr. Bor. trand suggests a trial should be made at the cost of the Government witha view to determine the eiadciency of the invention, a premium to be paid to the inventor if the experiments should result to the satisfaction of the Minister Lands and Agriculture. NEW RAILWAY LINSE. - It was announced in the. Legishative Council on Wednesday night that tentlers for the constriteion of the milwav" frohi Teing to Warrna:ubool, Belfast, and Koroit would probably be called this nmonth. Ai?tED CtiulsEus FOR VicToRiaA. -The Defence Department have entered into an arrangement witll Messrs. Huddart, 'iarker, and Co., to utilise as armed cruisers in' t"ime of war,. the 'two new steamnersElingamite and Express-now being built for the conipany in England. One of these vessels hIis a steaning calacity of 17 knots, and the other of 14 knots per hour. The steamners are bing strengthened with a view to render thenm lit for the defence of Victorian waters in the event of any outbreak of hostilities, in the coarse of which colonial comntierce may be threatened. T I~e'Ens.-Tho tender of Mr. M. Campbell at £249 10s has been accepted for alterations and additions to the Post and Telegraph Office, Casterton.