FRIDAY, MAY 28, 1875.

Dunstan Times, Issue 684, 28 May 1875, Page 2

FRIDAY, MAY 28, 1875.

The decision in the celebrated Mberawhenua water pollution case, although amounting to a verdict for the plaintiffs, was not unexpected. The rights of riparian proprietors is one of the principles of our common law, and the same holds good all over the world where civilization has set its foot. It was laid down in ancient Roman Law that the proprietor of the land held the right to all the water that flowed through it, and he was entitled to receive it in its natural state. Every owner of the soil possessed the same in common, and was entitled to use, or dp whatever he liked with the water on his own premises, but he was compelled to return it to his neighbor in exactly the same state, and in quantities, neither more nor less, than had its natural flow never been interfered 'with. Viewed in this light it appears nothing more than just and equitable that such should be the case, and it shows the great foresight and sagacity of the Romans when legislating upon the elements, which providence undoubtedly created equally for the benefit of all his creatures. Water we have long since learned to make convertible to our use, hence the difficulties that we have fallen into inspecting it, and it appears extremely hard that we cannot do as we like, but

tlien common law is retrospective in its operations, and would equally affect any of the other elements, should the march of science ever make them convertible to our use upon an extended scale equally with water. This is of course extremely improbable and our argument thus becomes hypercritical. still, it would be very awkwanl if some few of us desired to use an undue share of, or to pollute the air, or possibly to monopolize the effects of fire especially for private advantage, and no lav existed for the protection of the many. In this respect and this only, can wo recognise the justice of Judge Johnson’s finding The verdict in this ■ suit seriously affects the gold-fields, and were its principles insisted upon, our mining industry would become annihilated, as there are no streams flowing down from the mining districts but what are more or less polluted. Dealing espeeial'y with the gold-fields it shows the fallacy long since pointed out of parting with the fee simple of the lands. It mav be all very well to say that land alienated when a district has been declared a gold-fio'd, is in consequence subject to an easement claus> in resnect to the operations of the Gold-fields’ Act, but it is a matter for very grave and serious argument. Judge Johnson’s opinion nevertheless to the contrary. Settlement < n the gold-fields would have been equally as successful under a system of long leases as by purchase right out. and in this particular instance the principle that all land should remain the property of the State, might, with considerable advantage, have been given effect to. Because the industrv of gold-min : ng mav be at present in a languishing ftate, it will not always remain so. As soon as the Public Works’ Scheme has expended itself, and this will not be very long, as the limit of onr borrowing powers have been pretty well reached, so footi will it be necessary for ns to set ourselves to the task of oxeroisi! g mm paying ones, the value of the ge'd fields will become to be appreciated, as tiny must be chiefly relied noon to pav the interest of onr loans, as without the gold produce, all other industries must relapse in a seriously languishing condition. Wool n ay accomplish much, while it keeps at a high value, but this, in the common course of events cannot possibly last long, and there is the absolute certainty looming in the distance that since the profits of wool g-owing have attracted so very ranch attention in all other parts of the world, increased production must eventually seriously affect its present value. Looking at the aspect of things as we may, the gold-miner is the goose that lays onr g'lden eggs, and we are sillily trying to follow the example of the old woman, who must needs kill and out

open tlio poor unfortunate bird, because she "would not wait until it

presented her with one in the due course of nature. Let us hope that the result will he different in our case even if wc are nowiser than the ancient dame herself

At the time of our going to press, the Tuapeka coach had not arrive ’. The meeting of the General Assembly is further prorogued to the 30th June next. We are requested to notice the postponement of the Sale hy Auction at Alexandra of Mr Fraser’s household furniture, to Monday next the 31st instant. J. C. Chappie, Auctioneer, Alexandra. Wo have to acknowledge with thanks receipt of Provincial Counc'l papers, estimated receipts and expenditure for the year, statement of expenditure for the past year, and numerous other valuable papers, reports, &c. Parties looking out for a farm will do well to attend the Sale by Auction under Distress Warrant, on Tuesday next the Ist of June at I o’clock, of two hundred acres of land held un.der de f erred payment system. and situate in Ida Valley. (See advertisement. ) Onr Dunedin correspondent very kindly sent us the information to he found under the heading of Telegraphic intelligence. Whether it is that nothing has since transpired to his deep mind, worthy of note, we cannot pretend to say. We have to deplore the want of further news, and tmst onr readers will assign the cause to our correspondent’s and not to us. We have neither time nr inclination (o reply to Mr Janes Aitohisau’s (the ganger of five men, and as many wheelbarrows on the Cromwell road) inso’ence. Our Cromwell correspondent (Mr Drury) we regret to say is still confined to his bed in the Dunstan Hospital. On his recovery, Mr Ganger may expect to got his desei fci, and pet haps, in such a form ho little dreams of. In the list of names objected to being retained on the Electoral 801 l of the Dunstan District, and published in our issue of the 14th inst., through a typographical error Mr Morvyn’s name appears instead of MerKVK. To rectify that error wo surfeited onr readers with the list in onr issue of the 21st, and again in to-day’s the 28th, for which wo crave their indulgence. ‘But, to make matters worse “Query,” the writer of a letter which appears in the Tuapeka Times of the 22nd, takes advantage of this error to vent his spleen, by a covert attack, on the Registration Officer. We cannot but think that if Mr Query had taken the trouble to refer to the published 801 l for last year, he would have found that Mr Meenyn is the party that has no existence, and not Mr Mervyn, or Glen Farm, and wo arc quite sure that had_ ho consulted Mr Mervyn he would have been told what we now tell him, that ho had found a mare’s nest.

We would rcmindjmombera of the Clyde Cricket Club, that a meeting of members will be hold on Monday evening next the 31st instant—To close accounts for the past season.” Wo hope to boo a good attendance.

From private information received, wo think we are justified in allaying any fears the item of nows in our last week’s issue may.have occasioned for the safety of the Hon. It. Campbell, and W. A. Low, Esq., who were supposed to have boon passengers in the ill-fated steam ship “ Schiller, ” that was wrecked off the Scilly Isles with the San P’rancisco Mail, as they did not sail with the outgoing vessel that carried the said Mail from Melbourne.

No little annoyance has been caused' amongst resident shareholders in the SubMarino Gold Mining Company, at the peremptory demand received for a certain sum alleged to be duo to the Company, backed up.by a further demand of L2 12 6, in each case for costs of writ, which it is stated will bo placed in tho Sheriff’s hands, if the full demand is not paid by tho 31st instant. To oar unsophisticated mind, the whole affair bears a strong impress of rough riding on tho part of (we must presume the liquidator) the company being in course of liquidation, and wo fully concur in the stand taken by the shareholders to contest its legality. From reports of meetings held by Dunedin shareholders, who likewise question the legality of the demand, we learn that it is decided to try the question in tho District Court, and that ponding tho result, ail proceedings are to be stayed. Mr Stout will conduct the ease for the shareholders.

The writer of the “ Peerybingle Papers ” in tlie Melbourne Weekly Times, says “ Being once in Auckland, L strolled into the Native Land Court, the presiding officer of which was Mr Commissioner Fenton, A case was being heard touching the claim upon certain lands, the rival claimants being two native tribes. Among the witnesses for the occupyiug'natives was an old gentleman named Apihi te Kawai, one of the old sort who had thrived on cannibalism, and who saw no shame in his good condition. Well, this old gentleman was interrogated through an interpreter, the case being tried by Maori law, which recognises the good old custom of might as right. Well, the’Commisaioner said, ‘Ask him if any of the tribe elected returned to claim the land ?’ Ho says “ Yes,” said the interpreter. ‘ Ask him when they went away,’ continued the Commissioner. The interpreter put the question ; when the old savage laughed, and answered with gr ; m emphasis that they never went away. Then, cried the Commissioner, * what became of them?’ The question was put,, and Apil j te Kawai answered with a smile which showed the stumps of a former splendid row ofjteeth, ‘We ate them all—ugh ! and they were good,’ and he smacked his lips. Nowhere yon see the value of consistency. The case was settled at once, for who could dispnto'tho claims of those who had put all dispute aside by devouring tbe ‘ other side?’ Apihi te Kaiwai’s evidence settled the matter, and bis tribe came out of Court triumphant. A curious accident happened to. a horse at Puriri yesterday. Mr Morpeth, storekeeper. at Ohinemuri, left his horse at Rowley’s Diggers’ P.cst Hotel while he went to have a look at the Tairua. On returning the horse was found in a had state, apparently poisoned. Mr Lcydon lanced the gums and after a time the animal’s mouth was opened half a’bottle of gin was then poured down, which seemed to have a reviving effect and the horse was got on his legs. Ho was then walked down towards Say’s place, apparently in a fair way of recovery. It was thought that the horse had been eating tivpaki or some other poisonous weed, hut a Maori who was present said he had got the measles.

The following readable paragraph appears in the Auckland Echo of Ist instant. “ There is an amusing story of'the Hon. .1. Vogel which we heard lately. The originator of the San Francisco'mail service received a pei feet ovation in America. He was feted everywhere, regarded as a genius hy some, and hy all as a * smart man ’ Silver-Palace Dining Oars were among the honors he received. He was 'he adm'ration of a horde of retired generals and colonels, et hoc genus homo. When ho reached Washington the Senate was in session, and he was accommodated with a seat of honor, and the House rose earlier than usual to allow the dignitaries of the United States an oportunity of interviewing the great man. Anon he was the centre of a circle of senators, whose legs were variously disposed upon mantelpieces and the hacks of chairs, and he was subjected to a running catechism with reference to the resources, climate and the people of Now Zealand. One inquisitive senator desired to know how far it was hy railway from Auckland to Melbourne, and another addressed Mr Vogel as ‘President.’ But the absurdity of the thing was capped hy a tall Yankee whose feet were gracefully dangling over the hack of a chair. Drawing the attention of the rest of the company to Mr Vogel hy a graceful sweep of his arm, he exclaimed in usual accents, ‘ Wall, Mr Vo-jel, considering you come from a tropical climate I must say you look considerably healthy.’ It is recorded that Julius was suddenly afflicted with deafness.” The Daily Times says— “ An individual who has been carrying on an extensive crockery hns-’ess in Dunedin for some time, and who a day or two ago found it necessary to seek the protection of the Court of Insolvency, departed for Hong Kong in the ship William Davie in a somewhat hurried and unexpected manner. From later dates we learn the above refers to Mr Campbell, of the firm of Calveit and Campbell, and that the business in connection with an Insurance Office, of which ho was Agent is the cause of his abrupt departure. Why ought not a timepiece to bo called a thingummy ? Because it is a watch you call it.

Tho New Zealand Times, in an article on the recent defeat and resignation of tho Otago Provincial Government, after alluding to tho changes that took place last session, goes on to say:—“ It must not bo supposed that Mr Bastings mot an undeserved fate last year. On the contrary, he had justice meted to him with his Own measure. Mr Bastings did not scruple to play his own cards when Mr Tolmie took office, and after his resignation, in his alliance with Mr Turnbull ; wherefore his old political allies did not pity his fall in the least. It is to bo hoped, now that the revolution of tho provincial wheel of Otago has brought his spoke once more to tho top, that he will act with greater prudence than before. There are many reforms to he effected, but we hardly think Mr Horace Bastings is the kind of man to make things unpleasant for anyone. Candidly, we do not think he has any of reforming spirit in him, but contrariwise inasmuch as .it was‘under his administration as Secretary of Public Works, that tho management of the Port Chalmers Railway got into such a discreditable muddle. This is an important time for Otago. Provincialism is on its tiial all over the Colony ; and as the hold it has on tho minds of the people is very light, everything may depend in the large Provinces, on the character and capacity of the Provincial Executives. Otago is closely watched on all sides ; and if Mr Bastings is the only possible Provincial leader it can produce, then we say, in all seriousness, let tho curtain fall upon the farce of Provincial legislation and responsible government.” TELEGRAPHIC INTELLIGENCE. —o— Dunedin, May 22. Bastings has definitely' announced the Executive as follows :—Provincial Secretary, Secretary of Works, and Secretary of Goldfields—Bastings ; Treasurer—Moody ; Lands and Survey—Green ; Commissioner of Railways - Fish ; Non-Official—Sumpter and Wood. May 25. The Council met to day. Mr Reid was'very' violent Mr Stewart (Oamaru) tabled a want of confidence ’motion,