From Edmund FitzGibbon to Ferdinand von Mueller   20 May 1871

20th May 1871

My dear Dr von Mueller,

In answer to your letter of yesterday — The matter of a drive through Government House reserve not having been referred to for these two or three years past has not been taken into account in letting the toll gate on the St Kilda road the lease of which has nearly eleven months to run. And I may add that the difficulty in dealing with some of the parties sharing in the toll is so great as to make it most unpleasant to open up any new question in connection with it.

2. The City Council has never called upon the other participants in the toll to share the cost of maintaining the toll house but has borne the cost out of its own proportion of the toll. That proportion has recently been very materially and unjustly decreased by the Roads and Bridges Department and it is therefore not likely that the Council will or can make any improvements at the toll houses nor indeed until the Government put the road side fences into decent order would there be any congruity in an ornamental fence to the toll house premises.

3. As to the keeping of fowls &c by the toll man — the difficulties which arose during the last year between the parties sharing in the toll were such as to preclude the introduction of any new clauses into the lease which could in the slightest degree be held to alter the position of the lessee, so that even if this matter had been remembered when the lease was submitted to tender at the close of last year and again early in this it could scarcely have been dealt with, because of forming an additional matter for formal communication and discussion between so many corporate councils The state of things may be more auspicious for peaceable and easy settlement of the matter to which you refer nine months hence, when tenders will be invited for a fresh lease.

Believe me my dear Dr Von Mueller

Yours very faithfully

E. G. FitzGibbon

Town Clerk