MINING LAWS AND MINERS’ ASSOCIATIONS.

Cromwell Argus, Volume IV, Issue 178, 8 April 1873, Page 6

MINING LAWS AND MINERS’ ASSOCIATIONS.

To the Editor of the Cromwell Argus. Sir, —Now that a considerable time has passed mnce the meeting of the Mining Conference, I can with due deliberation and regret assert that disappointment at the result is the general feeling ; and I much fear that unless combined action and energy are at once brought to bear on the subject, the entire movement will prove a failure. It is far from my desire to undervalue the disinterested and patriotic efforts of the originators; but the attempts made by the Delegates to call the attention of Government to existing abuses will certainly prove abortive from the excessively feeble manner in which they have been represented. For instance, in a gentle and hesitating manner they suggest that it is desirable that the discretionary power of the Wardens should be more clearly defined. This is truly a polite way of remonstrating when the Warden possesses more irresponsible power than the highest English tribunal. This may seem a daring assertion ; but if you refer to the Goldfields Regulations, you will perceive that nearly all the clauses state that he may do this or may grant that, but in no case that he must or must mot; and lest that should not give sufficient power, the Gold-fields Act, 1866, clause cxv., empowers him to inflict a fine instead of forfeiture. Most miners are aware of this. But the climax of irresponsible power is granted by clause Ixviii., which states: “Every such Warden shall have power, in every case brought before him, to make such decree or give such judgment as shall be just, without regard to any rule of law, or the practice of any court of law or equity, and to award damages and reasonable costs, or direct payment to be made to either party.” Another power that sadly wants restraining is that of postponing the hearing of cases or applications from week to week : by this means, they can weary out whom they please with perfect safety to themselves. Fancy a poor miner being compelled to travel twenty or thirty miles in order to obtain a grant for a race, residence area, or extended claim, and by some quibble having to renew his visits week after week. Having at last given up the attempt in despair, he mav very probably find that a more favoured individual will obtain the grant without trouble a few weeks afterwards. If few such cases happen, it is not because the Warden does not possess the power, and many applicants may rather thank their own perseverance than the Warden’s inclination. Such power should not be given to any class of men, however honest and disinterested, and still less to Wardens who are generally believed to be peculiarly liable to be influenced by big storekeepers, jolly publicans, and other aristocrats. This is but one (perhaps the most important) of the most existing abuses. All the mining laws are in a perfect mess,—contradicting one another in various places, and admirably calculated to bring employment to legal vultures. Therefore it is very desirable | that a new Act and new Regulations (retaining j what is good of the old) should be passed and | the old ones repealed. I have one more subject to refer to in connec- j tion with the Miners’ Association. I perceive by your paper that there is a dispute about precedence between the Cromwell and Bannockburn Societies,—trifling and ridiculous at present, but liable to cause great injury to the movement we all desire to help. My opinion, aud that I have heard expressed by all those of my class to whom I have spoken on the subject, is, that it is bad taste for publicans, storekeepers, and mining agents to shove themselves forward into a society having for its object the formation of the miners into a compact organisation which would compel the attention of Government to their just demands. The assistance of the aristocracy would be very acceptable to the Association in some cases, but in many others the interests of the two would be bound to clash. For instance, those paying into claims might wish to reduce wages ; and the simplification of the mining laws so "much to be desired by the miner would l>e professional ruin to the mining agent. If those “ big bugs” would be content with the position of Iron, mems., and kindly subscribe if we should find it necessary to send round the hat, we should all be delighted, and will be most happy to give them a turn as Chairman, or any other harmless and honourable billet at public meetings ; but as to their taking prominent positions, I can only say, Timco Dana os, as they say in Gaelic. I am, &c., Crusher.