THE RIGHTS OF SLUICERS.

Cromwell Argus, Volume III, Issue 137, 25 June 1872, Page 5

THE RIGHTS OF SLUICERS.

lo the titutor oj the Cromwell Argus. Sir, —A case of great importance was decided against us in the Warden's Court on the 13th inst. In giving judgment the Warden distinctly said that as, from the evidence brought forward, there is only about as much water in the gully where we are working as a horse might drink, we are not entitled to the use thereof. We are at a loss to understand what reason can be brought forward for depriving us of the right to water which we have been in the habit of using for the last five years. The Min'ng Itegulations distinctly state that any party or parties working in the bed of a creek are entitled to the use of water running therein ; and they further state that any party depositing earth or tailings on any mining property belonging to another, shall be liable for damages. Aow, we were in possession of a claim an 1 dams previous to the erection of machinery in Smith's Cully ; and since the Elizabeth Company's battery was started, we have been put to a great deal of inconvenience through having constantly to clean out our dams. We wonder if it is an understood affair that ai soon as the reefer appears the sluicer has to clear out '! It seems so, from the maimer in which the Warden treated us before he gave his decision. He riade an appointineut with us to come and see the ground in dispute. He came, but he did not see our ground. We expect there was 100 much attraction about the machinery for him to spare time to have a yarn with a sluicer ; or perhaps lie imagined his appearance on the < ';irn'ck was sufficient to satisfy the sluicing population. The laws that were made to protect the reefer ought most undoubtedly prote.jt the sluicer, who has on all occasions to work under difficulties. What we are looking for is our rights ; and fiis is our reason for trespassing on your space.— Yours, fte , Whitfield and Bei>n. Smith's Gully, June 22. 1572.