THE GOLD FIELDS RULES.

Grey River Argus, Volume X, Issue 777, 10 January 1871, Page 2

THE GOLD FIELDS RULES.

. ♦ [to the editor.] Sir — I crave space in your paper for the following remarks respecting a decision of Mr Warden Whitefoord at Napoleon Hill on 23rd December. Noonan and party; who hold a right for five heads of water out of Orwell Creek for the last two years, and have never their full supply unless in wet weather, have been summoned by Connelly and" party, who have set in to work on Orwell Flat, for a breach of the regulations, section JO, clause 8, -which sets forth* that a head of water shall be let flow down the creek, which means it shall be let down the creek for the couveuience of any party who may he working in the bed of the stream. Warden Whitefoord rules it shall be let flow in the creek, that another -party may divert the same from the creek about 100 yards from the head of Noonan's race to work machinery. Now, Mr White foord must be careless in his duty to the public, or he would refer to, clause 10, in which he conld clearly see that clause 8 iieed not be complied with, unless the water is required in the natnral course of the stream, so that Warden Whitefoord takes the authority of walking over the regulations, , and doing an injustice to a party, the like of which has not beendone on the gold field since the commencement of water-rights. " Leaving the above clauses out of the question, if the Warden is to give privileges to any party to commit a breach of the regulations, in justice it should be the party who holds thewater -right who should be so privileged. Mr Whitefoord seems to let those cases chrough his hands, where hundreds of pounds worth of labor and property are involved, as unconcerned aa if inspecting a game of pitch-and-toss. If Mr Whitefoord can be made to believe that a large flat with heavy timber grow-

ing on it is a creek or river bed it is very strange. Does he know the difference between creeks and terraces 1 The creek is where the water flows ; the terrace or flat is where grass, ferns, and timber grow. I h^e Mr Whitefoord may see his error ; buw^niost of the Wardens don't care about mistakes or errors, so long as they are passed over unnoticed. Mr Whitefoord might as well have said, "Norman and party, you must give water from your property to this party to work their machinery." Noonan and party are not done with the case yet. They will give Mr Whitefoord another opportunity to see whether he can takt time to understand these clauses, and see whether he will or not do them justice. I am, &c, D. Noonan. Napoleon, Jan. 4, 1871.