THE PETITION OF MINERS

Kumara Times, Issue 2496, 19 June 1884, Page 2

THE PETITION OF MINERS

USING THE SLUDGE-CHANNEL. The following is a copy of the petition to Parliament of miners using the sludge-channel, forwarded by Mr E. J. Seddon, the member for the district, on Friday, the 6th inst., and which, with the Borough Council petition advocating the reduction of the price of water, Messrs White and Morris, the delegates deputed, went to Wellington to support:— To the Honourable the Speaker and Members of the House of Eepresentatives, in Parliament assembled. The Petition of the miners using the Government Sludge-Channel at Kumara humbly sheweth— That at the solicitation of the miners the Government of New Zealand consented to construct a sludge-channel or main tail-race and that the said sludgechannel or main tail-race was to receive and discharge all debris flowing from the private tail-races that discharged thereinto. That it was agreed that the manner of sluicing then in vogue on the Kumara goldfield should obtain, and that the payment to be made to the Government for the use of the sludge-channel should be at the rate of ten shillings per week for each and every man employed in and upon any claim the tail-race to which discharged into the sludge-chanuel. That in the month of April of the year 1882, Messrs Seddon and FitzGerald, M.H.Rs., proceeded to Wellington at the request of those whose claims could be worked by means of tail-races discharging into the sludgechannel for the purpose of arranging with the Minister of Mines as to permanent and definite terms upon which the miners could have the use of the sludge-channel which was at that date all but completed. That the Minister for Mines, at the interview between himself and Messrs Seddon and Fitz Gerald, agreed upon the lines upon which the regulations and contracts for the use of the sludgechannel should be based, and that on the Ist day of April, 1882, the Minister forwarded to Messrs Seddon and Fitz Gerald a letter stating what he, on behalf of the Government, would concede and be bound by. This letter was published in the Kumara Times and the miners were satisfied that good faith would be kept; and accordingly applied under the regulations made in conformity with the “Mines Act, 1877,” to I'egister tail-races commencing at their claims and terminating at the sludge-channel. That in the application for these tail-races the fall, size, and point at which the tail-race entered the sludge-channel had to be given, and a copy of the application had also to be served upon the manager of the sludgechannel.

That the Government forwarded printed contract forms embodying the terms agreed upon between Messrs Seddon and Fitz Gerald, M.H.Rs., and the Minister for Mines, the Hon. W. Rolleaton, upon which the miners should have the use of the sludge-chan-nel and that the Government would on their part maintain the same. That the contracts signed were headed.thus : “ Terras and conditions on which the Kuraara sludge-channel may be used by persons other than the holder of such sludge-channel.” The various clauses then read as follows : 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 channel. If it should be necessary at any time to stop the working of the sludge-channel, there shall be no liability on the part of the holder of the channel in respect of stoppage.

2. Before any person shall cut into or connect with the sludge-channel, he shall apply to the Warden, in the manner provided by “The Mines Act, 1877,” and regulations made thereunder for the granting of tail-races, and shall state in such application the proposed fall to be given to the tail-race. He shall also give notice to the manager of his application. 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 sludge-channel. 8. The owner or occupier of any tailrace discharging water and tailings into the said sludge-channel shall at any time cease to so discharge water and tailings when required so to do by the manager, either verbally or in writing, and °the manager shall at all times have full access to any such tail-race orany claim connected therewith.

I. Any owner or occupier of any tailrace emptying into the sludge-channel, who shall by the construction of his tailrace, 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 estimate of damage, it may be assessed under the provisions of The Mines Act, 1877,” and of regulations made thereunder, or by arbitration, if the parties are agreeable thereto. 5. No person shall run water or tailings into the sludge-channel, or be employed in any claim from which water or tailing are run, without the written permit of the manager, stating the name of the person so authorised to use the channel. Any person failing to comply with these terms and conditions, or using the channel without having first agreed to these terms, and obtained the permit of the manager, shall pay £1 per day as liquidated damages for every day such channel is used without the manager’s permit. 6. Each person purchasing an interest m any claim which is using the sludgechannel shall subscribe to these terms and conditions, in a legal and binding manner, before being entitled to have the use of the said channel.

7. If the capacity of the sludge-channel shall at any time prove insufficient to carry off the tailings of all tail-races discharging into it, priority of right to the use of the said channel is to be determined by the date of the applications for registration of such tail-races.

8. Every claim discharging into the sludge-channel shall be continuously worked, unless in case of sickness, unavoidable absence of any person, or in consequence of failure of water supply. If not so worked, or if neglected for the space of one calendar month, unless protected as provided for by the mining regulations, priority of right for the use of such sludge-channel shall be forfeited. 9. 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.

That, when signing these contracts afore recited, the Manager informed the owners oi the tail-races that they could sign for any period up to ten years; that if they elected to sign for a shorter period, that at the expiry of the period signed for that the permits would be renewed like miners’ rights, and that it was immaterial whether they signe'd for twelve months or a term of years.

That the Manager, prior to these contracts being signed, also told the owners of tail-races connected with the channel that whatever debris they discharged into the channel he would undertake the channel would discharge it.

That on the strength of these pledges and from the fact that we were allowed and had permanent rights in the shape of certificates for our tail-races, your petitioners contracted with the Government for the use of the channel on the terms afore recited. Some of your petitioners signed for twelve months, some for two years, some for three years, some for five years. That the average time it will take to work out your petitioners’ claims will not be less than seven years ; also that the expenditure on each claim in capital and labour will iu no case be less than one thousand pounds; and that this enormous expenditure was incurred principally on the ground that the Government would keep their part of the contract, and that the terms first agreed upon for the use of the sludge-channel would be faithfully and permanently adhered to.

That instead of such being the case, immediately the permits or contracts for one year had expired, the Manager insisted on varying the contracts by striking out the seventh clause, which said clause defined the right to the use of the channel by priority of application for the tail-races.

That your petitioners objected to the alteration, and claimed to have a renewal of the permits on the original terms, and reminded the manager of the promises given at the time the first contracts were made. Although the manager did not deny that a renewal been promised, yet his answer was— Unless you agree to the striking out of the seventh clause, down goes the water-gauge, and you will get no more water until you sign the contract with the altered conditions; also that the permits now issued will only be for a short period. That, seeing no other water was available and seeing that the manager was as good as his word and would not give your petitioners any water until the new contracts with the altered conditions were signed, your petitioners were coerced into entering into the fresh contracts, and by so doing were forced to surrender the rights previously held; also that if they had not so agreed to sign, they would have been utterly ruined and would have had to have left the claims upon which they had expended so much capital and labour. That at this time your petitioners were heavily in debt and could not without acting very dishonestly leave the district; therefore the new permits were signed under protest, and until your petitioners had an opportunity of bringing their gievances before your honourable House. That, subsequently to signing the

permits with the excision of clause seven of the original terms, the Minister of Public Works by proclamation dated the 3rd day of October, 1883, made other regulations which were utterly unworkable, and which would have, if insisted upon, ruined your petitioners, besides entailing a severe loss to the colony without any corresponding benefits. That your petitioners objected to the regulation, so proclaimed, and the said regulations were never enforced; also that a commission sat and upheld in the main the views of your petitioners. That subsequently the manager of the sludge-channel made application to the Warden to have brought in force other regulations, notice of which was given and copies of the same were lodged in the Warden’s office. That your petitioners objected to the said regulations on the grounds that they were harsh and unjustifiable, and would ruin your petitioners if brought into force; and that it would be impossible for your petitioners to make their claims pay tinder the restrictions proposed; also that the first terms upon which the sludge-channel was used should be maintained in their entirety, they being fair to the Government and to those using the channel. That at the hearing of your petitioners’ objections the Warden made certain alterations, and admitted that your petitioners had sustained their objections by the evidence submitted, and expressed his regret that ho could not grant the relief sought, inasmuch as the Government insisted upon the new regulations being enforced; and he, the Warden, was not even sure that the Government would agree to the alterations he had made and would recommend. Your petitioners, therefore, aver that the Warden was placed in a false position and fettered in deciding upon the questions submitted, and that had the application and objections been as between mifpjr and miner with the Warden acting under the powers given under the “ Mines Act, 1877,” the results would have been different, and that a decision in accordance with the evidence would have been given. That your petitioners object to the new regulations in toto, and desire that the original terms be adhered to, and and that good faith on the part of the colony be kept. That your petitioners humbly call your hou. House’s attention to clauses 4,5, 6,7, 9, and 16 as being utterly at variance with the terms of the original contracts; that the enforcement of these clauses would prove ruinous to your bumble petitioners and render their, property valueless, destroy the title now held to the tail-races, and make the working of the claims nonpayable. That your humble petitioners assert and are prepared to prove that there is no just cause for the enforcement of regulations so arbitrary, unjust, and unworkable a nature; also that no rules of a kindred nature were ever in force on any goldfield in the world. That your humble petitioners are also prepared to prove that owing to incompetence and mismanagement' the cost of maintaining the sludge-channel is much greater than it ought to be; and your petitioners are of the opinion that owing to the excessive cost of maintenance that that is the principal reason why the Government seek to impose the new regulations. That prior to the new regulations being signed by the Warden, your petitioners used every endeavour to get justice done ; but the Minister of Mines refused to listen to the entreaties made, and threw the responsibility upon the Warden; the Warden, on the other hand, by his statements prior and subsequently to the regulations being ‘ signed, denies being solely responsible for the regulations and restrictions therein contained.

That, seeing your petitioners cannot possibly work under such restrictions, they are thrown out of employment; and whilst the hardship and personal loss is very great, the colony is also a serious loser; that whilst there is a collateral loss of indirect revenue that there is also a direct loss from the fall, ing off in the returns from the sludgechannel and water-race, whilst the cost of maintenance is the same.

Your petitioners, therefore, humbly pray that you will take the premises into your earnest consideration and that you will afford such relief as tho serious nature of the case demands and as in your wisdom you may deem meet. And your petitioners will ever pray. Michael Borlase, James Metcalfe, David Moore, Richard Rothwell, George Mansfield, William Morris, John White, And over 80 others.

THE BAD AND WORTHLESS Are never imitated or counterfeited. This is especially true of a family medicine, and it is positive proof that the remedy imitated is of the highest value. As soon as it had been tested and proved by the whole world that Hop Bitters was the purest, best and the most valuable family medicine on earth, many imitations sprung up and began to steal the notices in which the press and the people of the country had expressed the merits of H. 8., and in every way trying to induce suffering invalids to use their stuff instead, expecting to make money and credit on the good name of H. B. Many others started nostrums put up in similar style to H. 8., with variously devised names in which the word “Hop” or “Hops” were used in a way to induce people to believe they were the same as Hop Bitters. All such pretended remedies or cures, no matter what their style or name is, and especially those with the word “Hop” or “Hops” in their name or in any way connected with them or their name, are imitations or counterfeits. Beware of them. Touch none of them. Use nothing but genuine American Hop Bitters, with a bunch or cluster of green Hops on the white label, and Dr. Soule’s name blown in the glass. Trust nothing else. Druggists and Chemists are warned against dealing in imitations or counterfeits.

On account of the prevailing erroneous idea that it is necessary for the gums to shrink before inserting artificial teeth, Dr. Sinclair begs to state that he has adopted the latest American principle, by which means artificial teeth are inserted by implantation. This enables him to make the artificial teeth so steady and secure that they can never alter, whilst the gums are not even interfered with. Testimonials and American pamphlets to the effect that this method surpasses all others may be inspected. Patients can therefore have their teeth out in the morning and replaced in the evening, and can rely that what they hear re shrinkage of the gums is altogether at fault. It is impossible to explain the new method in an advertisement. Parents are therefore invited to have it explained personally. In oder to ensure entiz'e satisfaction to the inhabitants of Kumara and District, Dr, (Sinclair will return in Kumara on the Ist August, so as to personally see how patients have succeeded with the artificial teeth made. Note.—Xo new work will bo undertaken on his second visit, as Dr. Sinclair will only bring such tools as necessary for making alterations. Note.— A footman will be in attendance, in order to shew patients into the surgery, with the utmost privacy. E, F. HODGSON, Agent,