MINING LEASES AT INANGAHUA

Grey River Argus, Volume XII, Issue 1235, 15 July 1872, Page 2

MINING LEASES AT INANGAHUA

The Nelaon Coloiiist has a second article on the subject of the Superintendent reducing the area of mining leases at the Inangahua. . In the article, which is a reply to some remarks made in the Examiner " on authority," the CoUm nut says :— ■ . • \! It is a pity that the authority has failed to show reasons for his dictum that the decisions of the Judge are in this " opposite direction." Unsupported assertion of this kind usually weakens a case, and the practice of our contemporary should, long ere now, have made if aware of this fact. Let us see. The law provides that land to the extent of 16| acres can be granted to an applicant for "a mining lease.. The Superintendent, after certain conditions as to publication, &c, are fulfilled, enn grant or refuse the application. According to the strict letter of the law, the Superintendent, as Governor's delegate, is restricted to one or other of these alternatives, and, in matters affecting the, interests of- miners, adherence to the letter .and correct interpretation ofj the law 'is strictly carried out in practice. It is simply an evasion of the real question at issue, to say that " the District JTjidge has not decided that the Superintendent has no power to grant a lease for a smaller area." The law has already decided that, by restricting the Superintendent; to the power of granting or ref using, applica- * tions. The finding or decision of the Judge in reply to the questions submitted to him, clearly points to this inevitable reading of the law. This is especially apparent in the finding on the hrst question to the effect that the Gazette notice, announcing the intention to grant a reduced area of six instead of the twelve acres applied for, was neither a granting nor a refusal ; and was a proceeding outside the limits of the Act of 1866. If that answer means anything at all-— and it is an answer with which experienced Wardens agree— it means practically, and as practically applies the meaning, that the Superintendent, has no power to restrict, areas ; aud it will puzzle the Examiiwio show how the finding of the Judge, can possibly bo in { ' an opposite direction.";^ We contend that the Governor's delegate has no more power to reduce such areas \of ground, properly applied for, than he has to disregard the Goldficlds ; Regulations, and reduce the area that a man can. hold xlnder a miner's right. J > It seems rather a poor quibble that contained in the reference to proclamations. Every fool knows that the Executive o annot ibsuo proclamations ; but what the

Westport reporter evidently meant were notifications in the : Gazette making ■ announcements of the illegal reductions of ground applied for ; notifications which the Judge holds to be valueless. So far as regards the minutes of the Executive Council, these the Examiner's authority admits never had any " legal effect." If of none effect, why were they acted on ? After this we would mildly suggest that authority should show a little less of dogmatism, and a little more of mathematical demonstration.. It most not be forgotten in discussing this matter, that not only does the law allow an area of 16£ acres under ordinary mining leases, but it also provides for "special claims "of double that area in circumstances where peculiar difficulties intervene in the opening and working of the claim, or where a large amount of capital is required to develop the work. New Zealand, we believe, offers no parallel to the difficulties that exist at the Inangahua, and the outlay required to work the claims. Thesn latter are situated, in some cases, 1600 ft above the level of the river ; roads have to be cut through tho steep and heavily-tim-bered land, in order to convey machinery, the cost of which; from Westport, has been enormously high ; and it follows, as a natural sequence, that restrictions of area alarms capital, and prevents those vital investments on which the opening and successful working of claims unquestionably depend. It must further be remembered that, rightly or wrongly, much discontent exists on the West Coast. If the Governor's delegate augments that discontent by action outside the law, not only the West Coast, but the Province at large, will hold him responsible for results.