THE TERMS FOR WATER AND USE OF SLUDGE-CHANNEL.

Kumara Times, Issue 1716, 30 March 1882, Page 4

THE TERMS FOR WATER AND USE OF SLUDGE-CHANNEL.

MINERS' PETITION TO THE MINISTER OF MINES. ♦ : [Reprinted from the Kumara Times, of March 15, 1882.] To the Hon. W. Rolleston, Minister of Mines. Honorable Sir—The petition of the undersigned miners and residents of the Kumara goldfields, humbly sheweth— That the rules and conditions for the future management of the Kumara branch water-race and sludge-channel are unjust, and that we are unable to conform to them unless suggestions as proposed and desired by us, meet with your approval and consideration, viz., I. As to repayment of water, we would most respectfully suggest that it be paid as heretofore, and not in advance, as nine-tenths of the miners now opening out their respective claims have been so long waiting for completion of sludgeohannel and water supply, and are so heavily in debt to the merchants, that if the present demand is insisted on, a general collapse must inevitably follow, and prove most disastrous to the district. And; we, the miners who have spent all our time and money in getting our claims in working order must eventually give way to capitalists, because we will not be able to comply with the Government demand. H. That for the last six years the Government have allowed the miners to have the use of the water before seeking payment for same, and that the custom during that period has been for us to pay in full for the water so used at every w,ashing-,up, 111. That the arrangement has proved a; great boon to us, and remunerative to the colony, inasmuch as the losses from non-payments by the miners owning sluicing claims, are next to nil, and that many acres of payable sluicing ground have developed and opened-up by having the concession granted of use of water until gold was obtained, miners as a rule not having money sufficient to pay in advance. TV. That, knowing the terms on which Government have given the water in the past, we miners whose capital was limited, have been induced to take up claims, and have constructed tail-races and other appliances to open-up our claims, and in many instances the construction of these works, together with the delays caused through non-completion of the sludgechannel (twelve months having elapsed in completion), our capital ia all expended and in nearly every instance have we had to go in debt for the necessaries of life. V. That from the distance the majority of the claims are from the sludge-channel, together with the many difficulties encountered in opening-out owing to the depth of the drift, which in nearly all cases averages over thirty feet, coupled with the. faot that the ground is very atony and has been previously worked by driving, and is now standing on timber, it makes it dangerous to work, and the utmost caution is neoessary, otherwise, great loss of human life would ensue. With these obstacles to overcome, an average of six months is required from the day the water is turned on before it can be said the claims are fairly openedout, VI. That private companies in all parts of the colony, as well as in the Kumara and Greenstone distriots, allow miners water free to open-out with, and make no charge at all for the first two months' water, and seek payments afterwards from time to time as eaoh washing-up takes place. VII. That in other parts of Westland, Nelson Creek, for instance, is stated to be an exoeption, and that payment in advance for water is in vogue. This locality is exceptionally situated : the ground is rich and shallow, and easy of access, and there is therefore very little loss or inconvenience felt in washing-up often. VIII. That at Kumara quite the reverse is the case, as we are working deep faces on a gravel bottom, and oft large slips and falls oocur, which take days to remove, and we are not able to get at the gold to clean same up, until these slips are removed. Under ordinary oircumstances it oft takes a week to wash-up, and relay the gold-saving appliances ready for the next washing. Where there are six or eight men in a party, the loss of time is very heavy; and would be a serious loss, if we are foroed to wa3h-up at short intervals. IX. That we, miners, having expended all our own capital and having in many instanoea had to run in debt, owing to the claim taking so long to open out, if Government demands for payment in ad. vance for water and use of sludge-channel, be insisted on, a further capital of about two hundred pounds each claim would be required; This would foroe us miners who. are poor into the hands of the insurers and money lenders, and, in the end, seeing the uncertainties as to repayment within a specified time, especially when the moneys have to be raised from mining claims, it would result in many instances in foreclosure, and the bona fide miner would lose his olaim, the work of years be sacrificed, and a lasing injury to the district and the colony be inflicted. X- That the demand made at this juncture for payment in advance, without giving notice to the miner to prepare for such an emergency, will prove most disastrous; but would not be so severely felt if each olaim and shareholder had been notified that after twelve months all water money would be required to be paid in advanoe. Again, in making this demand, Government will not guarantee a certain supply of water within a given time to those

ckimholders who may be fortunate enough to have the money to pay with. XL That as regards the sludge-channel at a meeting held at Dillman's in January, 1879, prior to commencing the sludgechannel, an agreement was entered into between the Government and the miners, to the effect that the sum of ten shillings per week per man should be paid for use of channel. This we miners are loyally determined to adhere to, no matter how poor the ground may be. But there was no arrangement that this payment was to be made in advance ; quite to the contrary. We, therefore, ask that good faith shall be kept and the original terms adhered to, and that such payments shall be made in full every washing-up, and that the period between each payment shall not exceed two months, unless by special permission of the manager of the race, XH. That the following modifications in the " Terms and Conditions on which the Kumara Sludge-channel may be used by persons other than the holder of such sludge-channel" may receive your kind consideration : 1. The rate to be paid by miners for the privilege of using the sludge-channel shall be ten shillings per week for each miner, whether owner or wages-man, working in each claim from which water and tailings are run into such sludgechannel. 2. No person shall run water or tailings into the sludge-channel or be employed in any claim from which water or tailings are run without the written permit of the manager. 3. Before any person shall cut into or connect with the channel he shall apply to the Warden in the manner provided by registration under Mines Act, 1877, for granting of tail-races; and shall give notice to the manager of his application, stating where the proposed tail-race will connect with the channel, its intended dimensions and fall. No certificate for any tail-race shall be granted by the Warden unless it shall be certified to him by the manager that such tail-race may be safely allowed to be connected with the channel. 4. The owner or occupier of any tailrace discharging water or tailings into the sludge-channel shall at any time cease to discharge any water or tailings when required to do so by the manager either verbally or in writing ; and the manager shall at all times have full access to any such tail-race or any claim connected therewith. 5. Any owner or occupier of any tailrace emptying into • the sludge-channel who shall by the construction of his tail-race or in the use of his privilege oause any damage to the sludge-channel, shall, on demand, pay to the manager the full cost of repairing such damage. In case such owner or occupier shall be dissatisfied with the manager's assessment of damage, he may appeal to the Warden, who shall thereupon confirm or vary such assessment, subject to right of appeal. 6. Any person purchasing a privilege and failing to comply with these terms and conditions shall, in addition to any other expense which he may have to refund, pay the sum of ten pounds as liquidated damages for the inconvenience caused to the holder of the sludge-channel by such non-compliance. 7. Each person purchasing a privilege shall subscribe to these terms and conditions in a properly legal and binding manner before exercising such privilege. 8. The word manager, when used herein, shall mean the person or officer appointed by the Minister of Mines, and for the time beingin chargeof the said channel. XIII, In oonclusion, your humble petitioners pray that you will cause inquiry to be made into the allegations contained in this petition and we take this opportunity of thanking the Government and the colony for the construction of these most necessary public works ; and we will endeavour, by all means in our power to pay any fair demands as to prioe of water, &c, and are willing that such payments shall be made claim expenses and be a first charge on the gold extracted. Not having the means to pay in advance, or until it comes out of the ground, we trust you will deal liberally with us, and that in the interest of the colony and the district, should any matter arise in fixing the best manner of securing payment or terms for using sludge-channel, that you will agree to have the same settled by arbitration, in the usual way ; and that you will be further pleased to grant such concessions as the justice and equity of the case demands. " And your petitioners, as in duty bound, will ever pray.