DISCRETIONARY POWERS OF WARDENS.

Grey River Argus, Volume XI, Issue 1020, 2 November 1871, Page 2

DISCRETIONARY POWERS OF WARDENS.

|TO THE EDITOR.] '. Sir — There ia one evil existing on the Nelson Gold Fields that tends more to keep things at a standstill and the mining community in a state of insolvency than all the rest of the evils put together, that is, the unlimited discretionary power given to the Wardens, and the wholesale manner with which they use it. ; Now, a Warden, having such power, should be man with liberal ideas, not one who favors monopoly, but one who will hold out sufficient inducement to justify men in opening difficult ground and bringing in expensive water races, and building reservoirs, &c. And in granting certificates of registration for these undertakings, to grant them without encumbering them with restrictions and provisos which make the tenure of the right uncertain and open to legislation. I will give a few of the many instances of how this discretion has been used, as in this district. On the Half-Ounce Lead, where machinery has to be erected, and it takes Trom— six to twelve months to open a claim, we cannot get an extended claim without our certificate of registration being saddled with the proviso, that if a second lead be discovered within the area, the party must double their number by putting on wages men, or takVthe choice of the leads, thereby giving'" the men who have opened and drained the ground but a poor chance of repaying themselves, and also discouraging them from attempting similar undertakings. Again, the party known as the Greek's apply for a double area ; the Warden refuses to grant the application, but discretion steps in and offers them an extended claim. Now, be it understood, the area applied for would be less than two acres, and would give Government but two shillings and sixpence, whereas the area offered would be four and a half acres, and would give five pounds ten shillings. The party, not liking the title by which extended claims are held, did not accept the offer, and had to content themselves with their ordinary claims. In a previous application the same party applied for a special site for machinery, and had a certificate of registration granted them for an area of over fifty acres, " subject to reduction." Now, no one knows bettetf that discretion; j;hat before any of us can throw a barrow of tailings on that special site ; our pockets are also subject to reduction to the amount of the expenses incurred in a case in the Warden's Court. So long as we see, in reading the Mining Rules, so much of " the Warden may, in his discretion," and know he has it in his power, on the renewal of any certificate of registration, to make the title next to worthless by imposing any fresh conditions he may think proper, just so long may we expect to see things in the same state of stagnation a£ at present. Curtail this power, and let us know when our works come under a certain clause, it shall be the Warden's duty to grant certificates of registration according to that clause unencumbered with restrictions and proviso. Then we will feel secure iv our title, and, with rules applicable to the district, the day will not be far distant when we will see extensive water works commenced, and the miles of payable hills and ranges now lying dormant giving remunerative employment to a larger population than has ever before been on the Grey district. I am, &c, Samuel §. Hapjford, Minbr. Half-Ounce, October 30th, 1871.