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552
THE CHRONICLES OF EARLY MELBOURNE

the commonalty, but in the select circle of the Melbourne Club, where he was facetiously spoken of under the alias of " Tippo," (Tip O h !), the paternity of which alias (it could not well be called a pseudonym) was attributed to no less a personage than the Superintendent of the Province (Mr. Latrobe). O f course, his Honor only chimed in with what he believed to be a general joke, and would hesitate before taking any step to ruin a m a n in St. John's position. At length, when " J o h n n y " Fawkner " bell'd the cat" at the public meeting, previously noticed, the Superintendent taught St. John that he was not to be trifled with, and even then Fawkner was only able to adduce testimony barely sufficient to prevent St. John getting a verdict, and the legal altercation terminated in a drawn battle. It was a disastrous result, however, for the plaintiff, whose race was run in the Province, and Port Phillip was well rid of him. As this is the Major's last appearance in these C H R O N I C L E S (unless, perhaps, an incidental reference to his name), I dismiss him by stating that he was a scion of the noble English House of Bolingbroke, was born in 1797, and held a Major's Commission in the 52nd Regiment. After his departure from the colony he applied unsuccessfully for some other appointment, and was eventually admitted to the refuge provided for impoverished gentility, known as the Military Knights of Windsor, where he died 24th July, 1866. RACE LICENSING COMPLICATIONS.

In 1851 Teetotalism assumed a short-lived importance, chiefly owing to the exertions of Mr. Richard Heales, w h o had a seat in the City Council. A n impression gained ground that, if no intoxicating drinks were sold at the Melbourne Racecourse during the annual meeting, the social habits of the people would be m u c h improved, and several underhand influences were brought to bear against a dozen Melbourne publicans, for permission to erect drinking booths on the course. T h e Flemington race ground was without the city boundary, though the applicants were city publicans, and a question arose as to whether Territorial Justices could vote. This was referred for the opinion of the Government L a w Adviser (Mr. Croke), who held that it was a matter in which city Licensing Justices only had jurisdiction. A special meeting of Magistrates was convened to consider the question of booths or no booths, and on a division Teetotalism triumphed, for the voting was :— For—Captain R. Jacomb, Messrs. A. M'Lachlan, H . Moor. Against—The Mayor, Mr. W . Nicholson, Dr. Wilmot, Messrs. R. W . Pohlman, Jas. Simpson. Non-voter : Mr. James Smith. Absent: Mr. E. P. Sturt, Captain Hutton, and Dr. Greeves. Action of this kind, without precedent in the colony, occasioned widespread dissatisfaction. But though the city publicans were baulked in their desire to cater for the race-going public, the city Bench could not bind the district one. Flemington was in the county of Bourke, and a number of district publicans accordingly sent in applications for permission to sell on the course, and so the teetotal battle had to be fought over again upon a more unfavourable field. There was a strong muster of the Terrritorial Magistrates, and the division thus resulted :— For—Messrs. C. Payne, R. Jacomb, W . Thomas, T. Baillie, W . Taylor, M'Credie, W . H . Wright, R. H . Bunbury, E. P. Dana, E. P. Sturt, W . Firebrace, C. J. Griffith.—12. Against—Messrs. J. Simpson, R. W . Pohlman, P. M'Arthur, W . B. Wilmot, Benj. Heape, G. Playne, G. A. Robinson, J. Smith, A. F. Greeves.—9. Majority for, 3. The Chairman (Mr. Simpson) objected to the voting of Messrs. Baillie and M'Credie, as they were not Justices of the County of Bourke, notwithstanding which they voted. T h e Chairman then declared he should adjourn the meeting until the next day, and meantime obtain legal opinion on the point. This was done, and the legal dictum was that the gentlemen objected to possessed a Territorial jurisdiction, and their votes were valid. Twelve applications were accordingly granted, conditional upon the booths being kept open only from 12 to 3 o'clock of each day of the meeting, an absurd restriction, which was not adhered to. LICENSED VICTUALLERS' ASSOCIATION.

In the beginning of 1850, the necessity for some united action on the part of the Melbourne publicans forced itself urgently upon the members of the trade. O n the 14th October a public meeting was