The Evening Star TUESDAY, JULY 18, 1871.

Evening Star, Volume IX, Issue 2626, 18 July 1871, Page 2

The Evening Star TUESDAY, JULY 18, 1871.

The Report of the mining Commission deals with such a number of subjects, all, upon consideration, of direct importance, that we feel at a loss to discuss them—as we had originally intended— seriatim. We must therefore refer our readers to the document itself for the decisions and recommendations upon many technical points both of law and practice, and confine ourselves to the criticism of two or three of the more salient points not touched upon in our previous articles. The “ administration of justice” upon the goldfields appears to have very closely engaged the attention of the Commissioners ; and they recommend a very bold measure of reform, being neither more nor less than the abolition of Wardens’ Courts as courts of special jurisdiction. Instead of following the example of Victoria and constituting “ Courts of Mines,” as another step between the Warden and the Supreme Court, they express their opinion decidedly, that it is not desirable that “ the subject be further complicated by “ the establishment of new tribunals,” and go on to say that “ there seems to u be nothing in the management of tne « cold fields, or in the nature of mining “tenure, requiring a large equitable “ jurisdiction to be given to inferior “ courts.” They suggest that the Resident Magistrates’ Courts have at present sufficient power, or nearly to adjudicate upon thoao mattcis ol dispute which ordinarily aviso amongst miners ; that those courts should have extended powers, so as to lie enabled to try cases with assessors ; and they express their conviction that by thus superseding the machinery ot the Wardens’ Courts a great deal of complication and unnecessary difference in practice in the administration of justice would be avoided. We arc not, of course, sufficiently familiar with the technicalities of the practice in the various courts of law to be •enabled to judge how far this recommendation is practicable; but in the spirit of it, we most cordially agree. It has been, we think, a mistake from the first, what we might call legal and territorial isolation of the gold-miner from his foliow-citizens — that he should he looked upon na a strange animal requiring peculiar treatment, special keepers, and to be carefully fenced within certain bounds. It would have been better policy at once to have declared the whole Province a goldfield, and recognised mining as the permanent industry it has since become. As to administration of the law, we, perhaps, in our ignorance, can see no reason why disputes between miners cannot be settled in the Courts which decide the differences between persons engaged in other pursuits. Then, again, there is the utterly unaccountable anomaly of difference of jurisdiction, Resident Magistrates are limited in their jurisdiction to .-£2O, £- r )0, or £IOO, as the case may be. The jurisdiction of the Warden is absolutely unlimited ; so that it frequently happens upon the goldfields that the same individual who, as Resident Magistrate, is very properly limited in his power to deal with cases involving a very moderate amount; as Warden disposes on equitable grounds, as he may understand them, of interests and property worth thousands of pounds. We have nothing, whatever, to allege against our present Wardens ; we believe that they are practical, experienced men ; but they have not, so far as we are aware, enjoyed the advantage of legal training, or even of high education ; and we cannot but agree with the Commissioners that it is dangerous to entrust to their discretion such very large powers of administration. Let those officers, as the Report recommends, retain their positions as Resident Magistrates, adjudicating in those Courts all cases, whether relating to mining or otherwise; they have here intelligible rules

of law for their guidance, and cannot easily step outside the track; whilst important matters, involving large questions of law and equity, will properly be relegated to the District or Supreme Court; there to be dealt with intelligently by the practiced intellects which adorn the Bench. There is nothing so dear as cheap law ; and the miners themselves arc beginning to find out that the Warden’s Court, with its easiness of access, its informality of proceedings, and its judgments “ without regard to any rule of “ law, or the practice of any Court of “Equity” (section 68, Coll Fields Act, 18156), is a delusisn and a snare, and too frequently the threshold to very costly proceedings upon appeal — the losing party not having, naturally enough, any very strong reason for confidence iu the gentleman who has, “ equitably ” no doubt, disposed of his property. We shall be anxious to see how the Assembly deals with this matter. Constituted as the Commission was, its recommendations can hardly be ignored, especially upon a subject with regard to which of necessity its members wore well qualified to form a correct judgment. The present system evidently does not give satisfaction to the miners, who have thus expressed through their elected delegates the desire for a change. We think this change can bo carried out, as indicated above, with economy to the State and advantage to the goldfields community. .