The Dunstan Times. FRIDAY, NOVEMBER 17, 1871.

Dunstan Times, Issue 500, 17 November 1871, Page 2

The Dunstan Times.

FRIDAY, NOVEMBER 17, 1871.

Beneath the Rule of Men entirely just the pen is mightier than the sword

In view of the proposed meeting of Dunstan District Miners to consider, primarily, the -question of water supply to the gold-fields, and secondly the desirability of forming a miners’ association, to act in co-operation with similar bodies throughout the province, it is expedient to refer briefly to the action already taken, as a matter of interest and source of information to tlio.se willing to take any further active part in the movement. On the question of the best manner of supplying the gold-fields with water, Mr. Hanghton, some time since, furnished a very elaborate report to the Government, collated and compiled, for the most part, from information supplied by the Wardens o f the various districts, by intelligent men of all classes on the gold-fieb’a, and more especially by practical miners themselves. He showed therein that the policy of the measure was approved of by the miners themselves; but that the manner in which the anticipated Subsidy should be expended had opened up debatable ground, whereon many contradictory opinions were ex pressed Hence in any recommendations as to specific details, Mr. Haughton very wisely adhered to one principle— that, in no case should any ■works be initiated unless satisfactory evidence existed that a sufficient area of auriferous land was available, and a permanent supply of water assured within the limits of possible expenditure. Ultimately he expressed an opinion, “That the amount at the " disposal of the Government for car--44 rying out a water supply for tie ■“ widely scattered gold-fields of New 41 Zealand is too small to make the 41 supply satisfactory to the large body 4 ‘ of the miners ; that the difficulties 41 in the way of administering the ue--41 parfment would be too expensive to ** make it a paying speculation ; and 41 that the scheme propounded would “ naturally prove to be an interference “with private enterprise and private “interests already existing.’’ As a natural sequence thereto, the Goldfields Committee, knowing that the real opinion of almost every Goldfields Member in the House coincided with Mr. Houghton’s, recommended the encouragement of private enterprise, by the advance of one-third the cost of water races by Government on loan, in preference to any public works for water supply being wholly undertaken at the expense of the country. The most experienced witnessaa examined in were in favor of a system of guarantee, rather tbm tie u&atioa of Government

works 5 but it was also suggested, to meet certnin contingencies likely to arise, “ That companies should be “ formed, either for the purchase and “ amalgamation of existing rights and “works, or the construction of new “ ones, interest being guaranteed to “ the shareholders ui a rate proper* “ tioii'*to to the nature of the security." So far, these opinions will probably be endorsed by the general mining comJrtnnityJ[ But another important question hereupon presents itself for notice, on which neither Commissioner nor Committee express any opinion, viz., the question of legal hindrances now existing to the utilization of water foi mining purposes. The Minister of Justice, the Hon. Mr. Sewell, in referring thereto, recommends that “ In•‘laud waters, in all their forms, “ should be regarded by the State as “ objects to be governed by special “ laws and regulations, framed on considerations of public policy, and “ that they should be also regarded as “ subjects of property distinct from “ the land, under a special code, which “should carefully provide for the “ various concurrent interests of the “ public and private persons." Subject f o exhti"g laws, the waters of small inland streams and rivulets are not, like navigable streams, the property of the Crown, but are vested in the proprietors of the lands through which they flow, and “As regards “ natural reservoirs and sources, such “as springs, wells, lakes, ponds, <tc., “ the ownership follows the ownership “of the land where they exist.” Mr. Sewell suggests that such rights of ownership are adverse to the public interest, and are in practice “found to “be obstructive in their application “ to various uses requited {< r the j ub “ lie service and he earnestly sug gests that, “ It will be easier to make “ such provision by law now, in the “ early stage of the colony, than after “ private rights have grown up, which “ will be obstructive to improvement." Whatever primary steps may be taken to develop the resources of the district by means of an increased water supply, it will be incumbent on the promoters of the undertaking, as a public association, to embrace in their plan of operations some moie comprehensive objects than those usually devolving on mere local bodies. It will probably be found comparatively easy to devise schemes, rai*e capital, surmount engineering difficulties, and genei-ally to arrange a well-defined plan of practical work j but the laws affecting goldfields require to be placed on a more liberal basis than now exists, before any reasonable hope of freedom from litigation can be anticipated. In no respect is the law more defective than as regards water rights, and possibly on no Otago gold-field has the evil been more severely felt than here. The construction of water races or other works or a large scale would necessarily involve infringement of some vested rights and privileges, and thence, sooner or later, litigation would necessarily follow. Concurrent ac tion therefore seems necessary to urge upon the legislature such amendments or repeal of existing laws as, after mature discussion and counsel, may he considered necessary to remove the legal hindrances now existing to the free extension of works initiated for the public benefit It is an axiom that “ laws cannot enforce an opinion, but opinion can give force to laws,” and just as it is absolutely necessary for the welfare of the body politic that laws should enforce what public opinion approves, so also is it necessary that laws should amend whatever public opinion condemns. The New Zealand Legislature, with all its manifold defects, has shown itselt amena! le to pub ic opinion, and, although just now, gold-fields legislation seems beset with difficulties, constant agitation, based on reason, persuasion, information, and enlightened opinion, must eventually prevail. A wide field of useful action is open for associations in the direction here indicated. As regards minor topics, they are many and varied, and co-operation alone will prove the one essential element of success therein. o gold-fie’d should be without its mining association. No association should carry its deliberations into effect with on f the counsel or advice of kiudred societies.