MINING CONFERENCE.

Cromwell Argus, Volume IV, Issue 163, 24 December 1872, Page 7

MINING CONFERENCE.

w (Condensed from the Tuapeka Timet.) Monday, December 9, The Sub Committee met for the purpose of drawing up the report. Tuesday, December 10. Mr Alexander, on being called npon, read the following REPORT. The Conference of Delegates elected by the miners of the Province met here for the purpose of more effectually uniting themselves as a body to protect their interests, and to offer suggestions to the General Government as to the framing of a Gold Mining Bill. Taking advantage of the offer of the Government to receive and entertain such suggestions, they would humbly place at their disposal the following report of their proceedings for consideration : The Conference is of opinion that there exists a great necessity for altering the present laws relating to gold mining. There are go many acts and parts of acts in operation on the gold-fields, that they conflict with each other, and confuse to such an extent, that the miner, however intelligent, cannot know what is law ; also, that these acts deal I with the miners too much as a separate body 1 from other branches of the community. The I Conference admits the necessity of providing 1 the miner with a law to legalise his calling, I to provide a right to mining and to mining I property. But it is of opinion that the comI mon law, unless in exceptional cases which I may come under the bill, may be fairly apI plied to miners. I OCCUPATION OF CROWN LANDS. I The right and subject of occupation of “I Crown lands for mining purposes is one of I the main objects that should be treated by a I Gold Mining Bill. Having carefully consiI dered the law as it at present stands, we | would endeavour to point out the evils that jII bow exist. First, then, the miner’s right as I an element of title has come under our very I serious consideration, and private opinions al of the legal profession have been freely reel ceived and entertained by the Conference, jil The object or uses of the miner’s right we I consider to be a means of providing revenue ll 'l in proportion to the amount of crown lands e! held in possession by the minor, or to give v I the miner a locus sta.tdi on the gold-fields ; n Jhot it is, or may be used by the law as, an instrument of tracing title to mining pro|lperties, which, by the present law, might act unfairly to a rightful owner of property. nlJThough the miner may have acquired such ,-frights honestly, a lapse occurring in the issue : Jof rights, either by presenter previous owner, Tlvould be likely to endanger the whole title. i*JThe Conference agree that the miner’s right, -I'ilor license, confers great privileges, which it I I lwould, be unwise to abolish—such as giving ■miners a right to vote at elections, the right U|, |of grazing two head of great cattle on a goldJfieids common, and certain other privileges e 'lon the gold-fi -lds. We are of opinion that lit would be advantageous to adopt the system |)f the possessory title, with the provision [that a miner’s right or license may be granted ■«r any period from one to ten years, and be i, made available in all parts of New Zealand, rcfwhich we consider to moan that claims may it iflbe taken up and held without the holder or tiolwcupier being the actual possessor of a blilainer’a right, and that it imposes strict penaltlifties for neglecting to take out a miner’s right. lUnder the present head, extended claims and refold mining leases may be considered, and Lavfhis Conference would recommend the abolition of the present system of gold mining .haleascs. We would point out some of the pepreluliar objections. One is that if a lease is applied for, even if there is no objection, a hj Jong period elapses before a proper title can g ale obtained ; also, in case of objection, if it d iliiould be valid, it will take at least two or llree months before it can be unlocked from ■h (fie applicant. The object of the mining Tlif ases appears to be to give a more secure t tlif nure than the miner’s right or possessory j Ijftlo, and it also seems to provide for a greater itiofitent of land being held by paying a rent, ■atejider more easy restrictions than a claim werfdd by a miner’s right, or as to keeping the ■e iiiquircd amount of labour employed. Anri thflier evil of leasing, which causes considerwcijUe annoyance, is that the right to transfer e irlsell all such properties is too cumbersome. I is necessary to provide machinery to give ik. Jgood title to mining property, which could uise# simply acquired, and simply transferred. Avsrfta system of licensed holdings, as estabntiulhed by the Gold Mining Districts Act i ujiuckland) would be a good substitute both 'ornir extended claims and gold mining leases. Net l recommending this, we do not include the nvryimes referring to inspectors, forfeiture, and Vicfnalties. The size of claims and number of ie lh| en to be employed, we suggest, should be 3 Calfdt with by regulations made under the o it (ft. In support of this, we may state that, iile we believe that a Gold-fields Act should sist»niade to embrace the whole of New Zeaocatiid, the regulations should be made to suit char# different districts or provinces. Should Tlilte desired to define by the Act any partibeiif lr area which claims should not "exceed, i leaving the same to be dealt with by the ; Nitrations, we would recommend that the ;ausi#a of any claim or licensed holding do not e helped ten acres in alluvial claims, and in 'k citfrtz claims sixteen acres. In the case of bytlrtz reefs or lodes, the right should be as stlftn to follow such veins with all their dips, s worPations, and angles, to any depth, although id ally may enter the land adjoining. Before ;rotti|cluding the present subject, we would rcit. Sfmend to the consideration of the Govemsitnilff and the framers of this new Gold Min-

ing Bill, an extract from the appendix to Captain Baldwin’s report on “ Mining in the State of California”:—“And be it further enacted, That whenever any person or association of persons claim a lode or veiia of quartz or other rock bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labour and improvements thereon an amount of not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local Land Office a diagram of the same, so extended laterally or otherwise as to con- 1 form to the local laws, customs, and rules of j miners, and to enter such tract and receive a patent therefor, granting such vein, together with the right to follow such vein or lode, and its dips, angles, and variations, to any depth, although it may enter the land adjoining, which laud adjoining shall be sold subject to this condition.” RESIDENCE AREAS, BUSINESS SITES, ETC. The Conference do not see any necessity for altering the present system. If altered, residence areas might be extended -to two acres, and the price of business licenses should be reduced to one-half. FORFEITURE AND PROTECTION. The Conference are of opinion that all cases arising under these heads can be better dealt with by the regulations than by being embodied in the Act, but they would desire to record that forfeiture, unless under aggravated circumstances of non-compliance with the law, should not be resorted to. DIVERSION OP STREAMS. The Conference having duly considered the above subject, find that, as the law now exists, hitherto such diversion has only been lawful in furthering one particular branch of industry,—namely, gold mining. The Waste Lands Act passed in 1872, and which will soon come into operation, provides for water being diverted for other industries. The Conference quite concur with the provision made by that Act, but it still leaves one point which has hitherto been a source of particular grievance, untouched,—viz., that of provision being made that two heads of water shall at all times flow down the natural bed of any creek: the words “general use” being subject to bo misconstrued. PRIORITY OP RIGHT j Has been an established rule on gold-fields, and cannot, be said to act unfairly. The pro sent water rights entirely depend on prior occupation to defined rights, and such a rule we should not wish to supersede. The main points under this head which the Conference would desire to see remedied are, that a permanent license should be granted by paying a nominal sum per year for each sluice-head ; and they would recommend that Part V I. of the Gold Mining Bill, 1872, with schedule attached, be adopted in preference to existing laws, (eliminating all reference to inspectors and deposit on application); and also making the yearly rental a sum (s i'-) of two and sixpence. The great bugbear as to water rights and races has been, as already stated, that of allowing two heads to flow in the natural channel of crooks if required. This Conference would recommend that priority of right should predominate in this case as in all others in gold mining, winch means, that if the water is required to flow down the natural channel by any party whatsoever, when any application to divert the said water is put forth, that such an objection should be held valid, but if the right be once granted that it should not be again cancelled, except the same is required for settlement or public use, and then only by paying compensation. The right to use and construct dams and reservoirs might be granted on the same principle as water rights, while | we would recommend that the rental, if any j be charged, should he merely nominal. The | privileges allowed by the Act of 18(5(5, for carrying races through private lands, should be still retained. We would recommend that fifteen feet on each side of a race be allowed for repairs and other purposes. POLLUTION OF STREAMS, AND PROVISION FOR DISCHARGE OF TAILINGS. The law, as it at present stands, fails to make mining a legal calling, as by the common statute laws, the miner may be liable to heavy damages in the prosecution of his avocation. A clause should bo inserted in the Bill to protect the miner in respect to defiling creeks and rivers ; and provision should also be made that a reasonable amount of unoccupied crown lands be allowed for the discharge of tailings, due regard being made as to existing rights ; but the Bill should embrace a clause that any occupier of the surface of the soil may be displaced, as well for the discharge of tailings as for gold mining. THE RIGHT OF ENTRY ON GROUND DEMISED BY LICENSE OR LEASE. For the better protection of the auriferous lands of the crown, instead of the right of entry being bound up in the Superintendent and Executive, as the present law enacts, (if such lands are required for mining, the right of entry incurs considerable delay and expense,) a clause that we think would act I fairly might be introduced, by allowing the | miner a right to enter at any time on such I lands by paying a deposit of a fixed sum for | each acre he includes in his claim. This de- : posit could be made large enough to cover any surface damages incurred, and if successful in getting payable gold, the miner to be entitled to hold the land by paying compenj sation for improvements only, and nothing ! in respect of the land, the same to be settled | by arbitration ; in the event of his not find- . ing payable gold, on restoring the soil to its

former state, and if no damage to crops have occurred, he should be entitled to receive ' back his deposit. The evil of locking up auriferous land is just beginning to be felt, and encouragement ought not to be g' ven to persons to take up lands in the vicinity of gold-workings. revenue and expenses. Under this head this Conference would desire to record that while it is patent that* all reduction of revenues ought to be met by a like reduction of expenses, they do not approve of special taxation being imposed on miners to any greater extent than anv other portion of the community, and the reduction we may advocate we trust will be looked upon as being based on fairness. The dis- ! 1 X J /2..1J U I UIU.-SCJUCUI 111 gUiU~UUIUB l*« V tJII UtJ, VV f- VVUUIO. I entirely leave in the hands of the Government, trusting it will he based on the same principle. MINING BOARDS. The opinion of this Conference is that the 1 miners are the best judges themselves of the j rules and regulations by which they should j he bound in the prosecution of their avocation, and they would ask the Government to appoint a board of miners for the Province of Otago, to be elected by the miners from certain districts, which may be either defined by the miners or by order of the Governor in Council. That the Governor appoint from among the elected body a chairman. That j power be given to the said board to make ; rules and regulations in conformity with the | Gold-tields Act, which on receiving the sanc- | tion and approval of the Governor in Council, may become the rules and regulations under any particular district or province of the gold-fields. The mode of election, the time for which members should he elected, and the defining of the districts may be safely left in the hands of the Government. ADMINISTRATION OF JUSTICE. j The Conference, having considered carei fully this subject, would recommend that the | present system be entirely altered. Wari den’s Courts and officers wore introduced in | Australia, and imported from thence for the i double purpose of raising revenue and disi pensing justice. When these institutions | were first introduced the gold-fields were oc- | cupiod principally by a very different class ! of people from what they are now. Gold ; was then got by little labour and expense, | and large bodies of miners kept continually i moving from place to place, to follow every | new field that was discovered. It was no : doubt necessary then tiiat a special system ! of administering justice should be adopted, I :dso that a special taxation should be raised I from among the miners to meet the expense. • The gold-fields are now in possession of a ; more settled and enterprising class, who, by | their energy and perseverance, are slowly | succeeding in developing the mineral resources i of the gold-fields. The Wardens’ Courts in : the early days of the gold-fields were excusable, and, for revenue purposes, were proi perlv employed ; but the population has now ; scattered and spread over the extensive area I of our gold-fields, and these courts are too | numerous and expensive to make their functions .is revenue offices a profit to the State, | A reduction of this class of offices will enable the legislature to relieve the miners from the ; pressure of a taxation which bears heavily on ■ toeif industry. Tae Conference are of opi--1 ninn that the common law courts in existence svosud meet the requirements of miners in ; matters between themselves, as between the general population of the country, leaving in tue hands of the miners the adoption, if nc- ■ cossarv, of courts of arbitration, which could ! deal with matters of dispute which could be I appealed from to the District Court of the j Province, if desired ; and as most cases of j any great importance or magnitude are now I either finally settled by District or Supreme : Courts, while arbitration has been used to ; settle cases even after being before these i Courts, should the Government see their way : to adopt some such principle, ive believe they | would confer a great boon to the miners ; | but should Wardens and Wardens’ Courts be considered to be indispensable, we would recommend the system proposed in the Gold ! Mining Bill, 18( 2, in preference to that now in existence, with a clause that in cases ! where the Warden, plaintiff, or defendant i may desire the assistance of assessors, that that the Warden may summon them verbally i from among persons in attendance and in the vicinity of the Court. We would also recommend that the fees and costs given in War- ; den’s Courts be greatly reduced. MINING ON PRIVATE PROPERTY. | The Conference would recommend that ! either part of the Gold Mining Bill referring the above subject (excluding the Inspector^ ; ship clauses), ora separate bill, be introduced to provide for facilitating mining on private property. general. We have now enumerated, most of what we consider necessary in framing laws for the miners ; and the sura and substance may be embodied in a few words—-give the miners a legal right to mine and to prosecute their ! industry, give them a simple and secure title | to all mining property, and deal with them I as with other members of the community. AGRICULTURAL LEAST NO, The Otago Waste Lands Act of 1872, winch | will soon come into operation, embraces the i above subject, and w r e are of opinion that it ■ought not also to be embraced in any Gold | Mining Bill ; but though we admit that such j leasing of land on gold-fields has been a | source of great benefit to the gold fields, it I has nevertheless been attended bv a consider- ! able amount of evil, by locking up from miners ; large tracts of auriferous lands. The Conference would desire to foster and facilitate .settlement on the lands of the Province ; but

they are decidedly of opinion that ri<nd enquiry ought to be now held on all lands open for agricultural leasing, and raining reserves declared where considered necessary. It would be wise to give the mining interest the benefit of the doubt of any land that may be considered auriferous, though not actually proved so —that such land should be exempted for at least a certain number oi years. In opening new blocks of lands on gold-fields, for which provision is made by the above Act, we would recommend that an enquiry, |to be made public, should be held, and I mining reserves, if desired, to be there and i then set apart. .PEAT RESERVES. I The existence of peat in some districts of j the gold fields, and the fact of it being profitj ably used as fuel for the inhe.b’tants, induces ; the Conference to recommend that section 91 of the Otago Waste Lands Act mav be exI tended to give licenses of certain portions of ; crown lands for the raising of peat. i COMMONAGES. j The want of commonages for the miners j and mining community has been greatly felt !in man' 1 of the nrnhig districts of Otago. I The Conference would desire to record their i approval of the course of the present Provinj cial Executive in endeavouring to meet the | requirements of the people in one important district. We trust they will continue to endeavour to satisfy all demands for this purpose , that may be based on fairness. SALE OF LAND ON GOLD-FIELDS. The Conference would recommend that | any sale of lands on gold-fields should be duly j advertised in the local papers. A case in I point in one particular district, which has i come under our notice, which has caused 'great dissatisfaction, and gives a monopoly of i rich auriferous land, hinges entirely on such i sales being concluded without sufficient pubI lication. GOLD EXPORT DITTY. | The Conference would submit their approval | of the course of late legislation on this sub- ! ject; and now that the ice is broken, they i trust the Government will find the ways and means without imposing this tax on the industry of the miners. The tax is unfair in its principle and unjust in its operations, and is, moreover, a class tax. i The Conference is of opinion that the Go- | vernment should place at the disposal of the mining associations, free of charge, the suri vey staff, for the purpose of ascertaining the i practicability of water schemes which the as--1 sociation may deem feasible ; and, further, | the Conference is of opinion that the rules i under which subsidies can now be obtained I are too stringent, and should he made more | elastic, so as to include private parties : also, that the subsidy, instead of being £1 to £2, I should be £1 to £l. I MINISTER OF MINES. The subject has only slightly come under consideration, and is now left to be dealt w'th h>’ the various miners’ aosoeiations. | That the gold-fields of Now Zealand are of j sufficient importance to have a responsible i head we admit; hut the two governing j powers already in existence might thereby ; be made to conflict to a greater extent, and greater expenses might he the result. MINT FOR NEW ZEALAND. The Conference would endorse the recommendation of the Royal Mint Committee, | made to the Government at last sitting of : Assembly. FINAL. The Conference having concluded the business of their present meeting, trust that the suggestions put forth will meet with the concurrence of the Government and of the people generally. Mr Morrison moved the adoption of the | report. Mr Ferris seconded the motion, which was | carried unanimously.. i The thanks of the meeting was recorded to ■ Mr Alexander for the time and trouble he had taken in drawing up the report. Mr Morrison moved a vote of thanks to ! the Chairman for the able manner in which he had presided over the deliberations. Mr Ferris seconded the motion, which was l carried by acclamation, j The Chairman, in acknowledging the vote, ; made an eloquent speech, and concluded by declaring the Conference adjourned until December, 1871k

American (rraves. A new and rather ingenious mode of adornmg graves is now in common use in America. ’ the tombstones have attached to them photographs of those in whose memory they are erected. The photographs vary in size front; | the cartc-dc-visite upwards ; when the por- : traits are taken it is mostly on porcelain or | ntavhle, and these are then let into the tombI stone, covered with glass, or otherwise sei cured. On each portrait you read the name i of the deceased, birthday, date of deaths and sometimes epitaphs in prose or verse, this I custom, not to call it fashion, has so rapidlv | gained favour with the people, that some of j the family graves present quite a picture gallery. there yoil see the lovely child glee- ■ fully playing in the nursery room, the middle- ; aged merchant with steel-coloured hair sitting iat his oflice-desk, the maiden in her bridal j array, the aged woman in her sedate drab, the j warrior on horseback or on foot, nr the priest ! and preacher in canonicals. For the visiting 1 stranger, each of the graves thus adorned | cannot fail to awaken the liveliest interest, — i in fact, becomes a most impressive and cloi quent sermon on the uncertainty of every j thing that is human. Iris stated that por- ' celain is host capable to withstand the influences of time and weather.