The "Jumping” Cases at Stawell.

Cromwell Argus, Volume IV, Issue 191, 8 July 1873, Page 7

The "Jumping” Cases at Stawell.

Last week, under the heading of Provincial and Colonial, we inserted a Melbourne telegram containing a vague reference to the above. The following, which we find in the letter of the Melbourne correspondent of the Daily Times, is explanatory of the matter : " A subject that has attracted a good deal of attention inside Parliament and outside, is that of some remarkable ' jumping' cases at Pleasant Creek. The mining district of Pleasant Creek is one of the richest reefing localities of the Colony. It possesses mines of the greatest value, some of which have taken many years for their development. It appears that while some of the companies have been entirely engaged in sinking and testing the reefs, others have whiled away time in the pastoral occupation of "shepherding." There is doubt whether this was not carried so far as to cause a failure in complying with the conditions of the leases by which the claims were held. Some litigation ensued, and the holders took measures to secure their title to the land. Unfortunately for them, they missed a trivial requirement, the putting in some pegs again on resuming legal possession of the ground. A. party of unscrupulous men from Ballarat, instigated, it is by legal advisers who used their knowledge of the facts in a very unprofessional way, went to Stawell and took proceedings towards jumping the claims, which are worth many thousands of pounds. The case was heard in the lower Courts, and was finally taken into the Chief Court of Mines, where Judge Molesworth gave a decision on the technical point, in favour of the jumpers. There is thus the authority of the Judge, from whose finding there is no appeal, that the jumpers had made good their claim to the ground. But although they had a legal claim, it is evident that their action was radically unjust and dishonest; and as Mr Higinbotham said in Parliament, a mere piece of ' marauding' which, if successful, would inflict a great shock to public morality. "The claim-holders thus wrongfully attacked being beaten at law, appealed to public opinion through the Press, and to the Government through the Parliament. In every place but Ballarat public opinion has pronounced strongly in their favour. But there is such a character of reckless cynical dishonesty about the jumping business that commends itself irresistibly to the sympathies of Ballarat, which has taken up the cause of the marauders, as though it was the noblest mission in which men were ever engaged. Several leading members of Parliament—such men as Mr Higinbotham, Sir C. G. Duffy, Mr Wrixon, and others, who never agreed about anything else—joined in urging on the Government to take action to prevent so great an injustice from being perpetrated. The Minister of Mines, fortified by this expression, declared that the Government would endeavour to see that substantial justice was done. Failing to effect a compromise between the parties, he gazetted a notice that the Government would in a month issue leases to the claimholders. In the meantime, the Judge of the Court of Mines had decided in another somewhat similar case that the issue of a lease by the Government has no effect as against a claimant who possesses a complete legal title. Consequently the leases will be mere waste paper. The inconsiderate action of the Government, and the impulsive character of the Minister of Mines, have therefore brought about this position : the Court of Mines has made an order putting one set of parties in possession ; the Government is to issue leases to put another set of parties in possession. The contest is, the Law against the Government. " I have given all these particulars because the affair has excited a good deal of strong feeling throughout the Colony; at the locality the excitement is intense. It was for a time apprehended that an outbreak might take place, but it is now thought that the peace will be maintained. The feeling at the locality is strong in favour of the claimholders. At Ballarat, as I said before, it is universally in favour of the jumpers. A public meeting was held, at which the conduct of the Government in trying to interfere to prevent such an outrage upon property was denounced in the strongest language. If the Government had perpetrated some act of the most flagrant corruption, the terms employed to blacken its character could hardly be more severe than now. One calls the action of the Ministry a " gross crime." And all because it sought to prevent a lot of Ballarat vultures from swooping down upon what did not belong to them. Tt may be submitted that the action of the Ministry is mistaken, but that the mistake made by interference was made in all good faith, and with the most honest intentions, is quite obvious to any impartial person.