The Kumara Times. Published Every Evening. THURSDAY, MARCH 31, 1881.

Kumara Times, Issue 1403, 31 March 1881, Page 2

The Kumara Times. Published Every Evening. THURSDAY, MARCH 31, 1881.

The completion of the first section of the Kumara sludge-channel was one of those events that was looked forward to in this district with more than ordinary interest, as it was considered, and very naturally, that a new era in the history of gold mining would commence simultaneously with the construction of one of the most necessaiy and urgentlyrequired works on this goldfield. Parties of miners amalgamated, claims of larger extent became the order of the day, and labor or expense were considered trifling in comparison with the future benefits to accrue to the mining community through the completion of the Kumara sludge-channel. So much for the dream : now as to its realisation. The contract is completed (with the exception of a few slight finishing touches), but the work in question is of no more use at present to the miners thau if it had never been constructed. And why? Simply because the contractor is unable to obtain what he considered a fair settlement of the claim he has on the Government on account of the construction of this work. " Possession," argues Mr Maher, " is nine points of the law," and he consequently holds, as it were, the keys of the sludge-channel, which he declines to give up until some arrangement as to a pecuniary settlement have been come to between the Government and himself in regard to this matter. At first sight this would appear an almost arbitrary proceeding on the contractor's part, and one that would meet with but little favor in the eyes of those interested. Taking, however, the whole of the surrounding circumstances into consideration, the action of Mr Maher in connection with the sludge-channel can be easily understood, and at the same time very reasonable grounds appear for the course he has thought tit to adopt in the matter at issue. Tenders are invited by the Government for a certain work, the lowest tender is accepted and the fortunate—or more probably unfortunate—individual obtaining it as at once looked on—where the amount involved is large—as a man of means and " a Government contractor" to boot. And a man of means to a certain extent he requires to be, or his name good for an overdraft, as progress payments are only forthcoming, and then not always, as the work proceeds. Plant and material necessary in many cases on the ground before the work cau be commenced count but as a dead letter so far as progress payments are concerned ; but the outlay involved in their purchase if often very heavy on the contractor. The work eventually approaches completion, but the contractor finds that he is in a far worse position in a pecuniary seDse than when he undertook the contract, as not only has he expended the greater portion of his private capital, but in many instances he is compelled to pay banking interest for the means to carry out his undertaking through the payments due on his contract not being made punctually or in accordance with agreement. Such, briefly, may be said to be the case as between the Government and the contractor for the first section of the Kumara sludge-channel. After contending with great difficulties and meeting with a sad accident in carrying out the work, the contractor now finds that the amount he claims as the balance due to him on his contract is disputed. With the justness or amount of Mr Maher's claim we have nothing to do; but that the sludge-channel should be allowed to remain inoperative simply because it is a bone of contention betweeu the Government and Mr Maher is detrimental in the extreme to the interests of the

district and the Government. As the matter at present stands, if the Minister of Public Works, will not allow the disputed claim to be decided by a court of law, then the only course for Mr Maher would be to petition Parliament at its next sittings. But meanwhile scores of men are placed in the most unheard of and awkwai'd position through the sludge-channel being unworkable. In the name of fair play and justice as between the Government and mining community the matter might surely be temporarily arranged so that the contractor would have some guarantee that his claim would be fairly and honorably dealt with, provided meanwhile he conceded the position he now takes up and allows the first section of the Kumara sludge-channel to be utilized for the purpose for which it was constructed.