THE TERMS FOR WATER AND SLUDGE-CHANNEL DISPUTE.

Kumara Times, Issue 1716, 30 March 1882, Page 2

THE TERMS FOR WATER AND SLUDGE-CHANNEL DISPUTE.

On Monday last, as most miners know, H. A. Stratford, Esq., Warden of this district, came to Kumara on a special visit, under instructions from the Government, and an arrangement was made by Mr Gow, manager of the sludge-channel, to have certain miners present to hear what had to be said to them. Messrs M. Borlase, Moran, Hobbs, and Thorn were the miners who interviewed the Warden and race manager. The Press was not informed of the interview, and so far as we know the proceedings were intended to be of a private character, whatever the outcome might be. The result was that after about three hours' consultation, during which the Warden expressed hL» regret that the miners had not appealed to or consulted him in the matter, by which they might probably have saved all this vexatious trouble and delay, Mr Stratford, as Warden, the same day forwarded to the Hon. Mr Rolleston, Minister of Mines, at Auckland, a telegram requesting certain modifications of the terms and conditions on which the sludge-channel might be used, of which the following is a copy : To the Hon. W. Rolleston, Auckland. Have had a meeting of miners in whom I have great confidence, and find that the allegations that many of them are deeply in debt to storekeepers is bona fide. I strongly recommend you to relax the rules for a fixed period as follows : On rule 1 erase the words " or about," and suspend the order of payments in advance for six months, and instruct me that the manager is to substitute the following conditions for these six months, namely—Payments to be made once in two months) and the first payment to be in four months' from the present time, so as to cover tinte" already conceded by you. Agreement to be. signed by each shareholder in each claim before the application granted, and no transfer permitted of individual shares until transferee makes himself responsible for debt then standing. No. 2 rule, erase all the words after " sludge-channel" on third line. On rule No. 5 erase all the Wdrds after "thereupon" on sixth line, and Substitute these words—"appoint an arbitrator, and complainant an arbitrator, who together shall choose an umpire, and theft* award shall be final. The costs of award to be decided by arbitrators, and to be paid by Crown or complainants as ordered." The men I have consulted are trustworthy and honest, and have not pressed me to my recommendations, which I make on conviction. May I strongly urge on you to reply immediately, confirming these suggestions, to Mr Gow, Kumara, and myself at Greymouth, if possible to-night. Offices closes at 5 ; order it to keep open for your reply to-night to Mr Gow, or my suggestions. Please wire to Mr Thorn, miner, Dillman's. Kumara, March 27, 1882. On Friday last, Mr R. J. Seddon, M.H.R., proceeded to Wellington conveying three petitions—one from the miners of Kumara, one from Goldsborough, and one from Stafford—being delegated by the miners to. interview the Hon. W. Rolleston, Minister of Mines, in reference to the prayer of the petitions. Mr G. G. Fitz Gerald, M.H.R., was also asked by the Chairman of the Westland County Council to meet Mr Seddon and act with him in the matter of the prayer of the petitions, to which request Mr FitzGerald kindly responded that he would. On his arrival in Wellington on Sunday Mr Seddou appears to have found that Mr Rolleston was still in Auckland, and, meeting the Hon. Major Atkinson, Colonial Treasurer, he at once proceeded with him in the mail steamer Hawea to Auckland, touching at New Plymouth. Of course all who know the desirability of the important questions at issue being speedily settled, will approve of the prompt action of Mr Seddon ; and we believe it was quite impossible for Mr Fitz Gerald, who was at Wanganui, to have accompanied Mr Seddon. What now has transpired at the interviews of our delegate with the Minister of Mines and his colleague will be found reported in a special telegram in another part in this issue. The following is the reply of the Hun. the Minister of Mines to Mr Warden Straiford:— To Mr Warden Stratford, Kumara. I have received, through Mr Seddon, a petition of miners and residents in the Kumara goldfields, setting forth their objections to the rules which have been issued for the regulation of the watersupply and use of the sludge-channel. I have also read the accounts in the public newspapers of the several meetings which have been held on the subject. So far as I can learn from these accounts, the intention of the Government aa to accompanying the system of prepayment with liberal concession of water does not seem

to have been understood at those meetings, Government is sensible of the difficulties under which the Kumara goldfield has labored for some time past, and has every desire to deal in such way as to prove the convenience of the miners and the prosperity of the goldfield. The documents before me here do not seem to disclose any good reason against a system of prepayment which is followed elsewhere with advantage, if proper provision is made to prevent hardship. In telegram sent previously I stated that Government would consider and redress any case of hardship which might arise out of the regulations. Ijhder existing circumstances, as I am unable at the distance and without fuller information to deal with the case. I will, pending full inquiry, suspend the order for payment in advance; and on my arrival in Wellington wiU', hiake such arrangements a 3 will satisfy the justice of the case and prevent hardship to miners in working out of the new systenl mentioned. Miners should sign present agreement as to sludge-channel with words "at such times as the Minister shall determine" inserted after the words "in advance," in first regulation. Please communicate above at once to miners. (Signed) W. Rolleston. Auckland, March 29, 1882. The foregoing reply was read by Mr Warden Stratford to the miners yesterday, aud he was understood to inform Mr Gow, who was present in the Court, that he could add words, or leave them out of the agreement to be signed by the miner's. Yesterday afternoon the following communication addressed to the Miners Committee, was received : To Mr F. Thorn, Secretary Mines Committee, Kumara. Pay in advance order for water suspended. Work to proceed under old terms until after inquiry and regulations are made fair to all parties. The sludge-channel terms are to be amended, and the words after "pay in advance" to be added in clause 1 are—" at such times as the Minister shall, after inquiry, determine." After this and other amendments, then they are to be signed by the parties using the sludgechannel, but shall remain in abeyance until the Minister determines they can be forced without hardship or injury. The question of endorsement on certificates is left open, as the Minister wishes to consult the law officers. The position of affairs and the miners have been grossly misrepresented by the race management. Send copies of this and Kumara Times report to Stafford and Goldsborongh. R. J. Seddon. Auckland, March 29. Mr Dungan the County Chairman, has kindly forwarded us a telegram he received last evening from Mr FitzGeiald. It is as follows: ''To P. Dungan, Esq., County Chairman, Hokitika. u Am very pleased to be able to forward you the following message, just received by me from Minister:"— Have agreed to suspend order of payment in advance, pending further inquiry, but system of prepayment ought to be initiated. I will endeavor to frame conditions as not to inflict injury on the miners. I shall be glad of your assistance in the matter. It is utifdrtunate that the public meeting should have" proceeded on imperfect information as to the' iritentions of Government. W. Rollest'o% " I shall go to Wellington soon as Miuister Rolleston returns there; " G. G. Fitz Gerald. " Wanganui, March 29, 1882." We append the terms and conditions which the race malinger this morninw required the miners to sign before he would allow water for the sludgechannel. Terms and Conditions on which the Kumara Sludge-channel may be used by Persons other than the Holder of such Sludge-channel. 1. The rate to be paid by miners for the privilege of using the sludge-channel shall be.ten shillings per week, payable in advance, at such times* as the Minister [of Mines] shall determine, for each miner (whether owner or wages-man) working in or about each claim from which water and tailings are run into such channel. If it should be necessary at any time to stop the working of the sludge-channel, any sum paid in advance by miners for using j the channel shall be made up to them I either by further use of the channel when again available, or in cash by way of refund, and there shall be no other liability on the part of the holder of the channel in respect of stoppage. 2. No person shall run water or tailings into the sludge-channel or be employed in or Jibout any claim from which water and tailings are run without the written permission of the Manager of the sludgechannel, stating the name of the person so authorised to use it, and certifying that the fees up to a stated date have been paid, and no such written permit shall remain in force beyond the date up to which fees are paid as aforesaid. 3. Before any person, shall cut into or connect with the said* channel he shall apply to the Warden, in the manner provided by the regulations under "The Mines Act, 1877," for granting, of tailraces; and shall also give notice- : to the Manager of his application, stating where [* Mr Gow, the race manager, informs us that this word should be in the singular, "time."—Ed. K, T,]

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 and tailings into the sludge-channel shall at any time cease to so discharge water and 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, cause 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, wRo shall thereupon confirm or vary such assessment, and the decision of the Warden shall be fiflal j 6. Any tierSdii purchasing a privilege and failing to ij'dmply with these, terms and conditions shall) .in addition to any other expense which he may have to refund, pay the sum of teft poUnds as liquidated damages for the iricdnveniende caused to the holder of the sludge-'chaiirie'l by such non-compliance. 7. Each person purchasirig' 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 being in charge of the said channel. When the miners proceeded to work this morning, they found there was to be no water for those using the sludgechannel until they signed the old " Terms and Conditions" which have the objectionable words inserted in the first clause—" payable in advance, at such time as the Minister shall determine." As a matter of course.they refused to bind themselves to the rule which they have all along been protesting against, and consequently waited the return of Warden Stratford this afternoon.who had been down to hold a Court a Goldsborongh. Meantime the miners sent the following telegram to Mr Seddon : To R. J. Seddon, Esq., Auckland. We were given to understand yesterday that we should have water to-day under old system. Manager refnsed sludgechannel water until the old conditions were signed, with the addition that "payment in advance, when such time as the Minister shall determine." All hands have stopped work, and are determined to leave it all in your hands. This relates to sludge-channel only. Outside parties are at work, under old terms. Mr Fitz\Gerald has wired to Mr Duugan that he does not know where you are or anything regarding your movements. Michael Borlase, Chairman. Kumara, March 30, 1882.