the Editor of the Si,—As one of "the Public," Task leave to make a few remarks upon the letter of the Trustees of the Recreation Fund, which appeared in your issue of the 18th instant.
The Trustees apparently anticipate that Her Majesty's Privy Council will employ itself in investigating the early history of the Fund, and in exposing the historical errors of the Chief Judge, and I will not anticipate the labours of that august body. One thing is clear, however, namely, that there is an important difference between the circumstances under which the then and the circumstances under which the present, or any future Trustees, would deal with the existing ground. In 1863 there was a defined body of proprietors, some fifty in number, and this body had absolute power to deal with their land in any way they pleased. Now, there is no defined body of proprietors. " 'I'he present consti-tents of the Trustees are the inhabitants of Shanghai generally, and it is very doubtful indeed whether the Trustees of their own mere motion have a right to take any step whatever in dealing withthe property which they nominally hold. As to what their position in point of law really is, I cannot venture to offer an opinion; but it seems to me that it must be one which should at any rate make them very careful to ascertain in any given case that public opinion supports them. Where is their authority for ignoring the views and wishes of the public of to-day in favour of what they are pleased to imagine will be the views and wishes of some public of the future?
Assuming, however, with the Trustees, that the time may come when it will be to the advantage of all concerned to sell the land in the interior of the Race Course, let us sce what justification the Trustees offer for the course they are pursuing in appealing from the recent decision.
According to their own admission, they are fighting for a right to exercise which, when gained, would be "a grave infraction" of their Trust, s0 long as the present Race Course continues to be used for racing purposes. They then proceed to lay down some law, but whether good law or bad law isa question. They say, in effect, that the restriction against building upon the interior of the Cou would hold good, notwithstanding tha the Course itself ceased to be used for racing purposes, and was old as building avd." Ip teas eraxeah Z dertainky guider from the report of the case in Court that the restriction in question is attached to the Recreation Ground and its proprietors, only 80 long as the Race Course is used as a Race Course. Even if the lawyers are of opinion th: not 80, or that the case is a doubtful one, would isnot be well for the Trustees to try to come to some agreement with the Race Course proprietors upon the point, before proceeding further?
Then, again, the Trustees expressly guard themselves against saying that the result they fear is probable, and yet they are going to prolong an already sufficiently embittered strife, and to involve themselves and others in a large expenditure, to provide against a contingency which may never happen, and which could be just as well provided against if and when it became probable or certain, instead of improbable. I understand that there is nothing in the recent decision to prevent the 1g the question afresh, and having it tried out at any future time—then why hurry it on now The Trustees refer with great complacency to the results of a successful appeal; but I doubt if their complacency will be shared by the general public, for the result of expensive legal proceedings in England, if it be to saddle the Race Club with the costs of them and of the proceedings in the Court here, will be to administer an almost crushing blow to racing in Shanghai, and this, however great the claims of Cricket and Boating, is hardly a consummation to be desired." Of course, in the eyes of the Trustees, the Race Club and the public have nothing in common.
It is almost amusing to see how persistently the Trustees exhibit themselves as the attacked and injured party. They, or their tenants (and for this purpose they must be considered as one), deli-Derately infringe what the Race Club consider an important right—entirely refuse to give way—and then complain because Race Club does meekly fold its hands. It is no doubt quite in harmony with the tone of the letters published by you to-day, which appears to be "give up everything, and we will see what we can do for you." How the Trustees can have expected to effect a capture with such palpable salt is marvel To conclude, Sir, it appears tome, and I think I may say to the great majority of the Shanghai community, that this litigation has gone quite far enough, and that in the public interest it will be well now to let it die, or at any rate slumber.
Iam, Sir, Your obedient servant, One or tHe Pusuic.
18th July.
Text read from the printed page and cleaned; old type leaves the occasional error.