Original Correspondence.

Lake Wakatip Mail, Volume I, Issue 3, 9 May 1863, Page 5

Original Correspondence.

MINING " RULES AND REGULATIONS." To the Editor of the Lake Wakatip Mail. Sib, —The Commissioner, Mr. Wood, has decided since the Ist of April that he will not grant nor protect any parties in the possession of what are specified in the mining rules and regulations as "creek and river claims," on the Shotover river. This resolution seems to be made in consequence of the difficulty of determining between those and " river beach claims," and to prevent the disputes that might arise therefrom. The object of the Commissioner is doubtless laudable ; and rngarding the two kinds of claims as incompatible, as a Government officer he naturally leans to granting only the more restricted class of claims. But whether such decision is in accordance with the law of the matter—whether it is consistent with the miners' rights and interests, and consequently with those of the general community —is another phase of the question, on which I would offer a fev remarks. In the Rules, under the head of " Claims," it is laid down that beach claims are " situated between high water mark and low water mark on the beaches of rivers," and that their frontage is *• to low water mark." Now the vexed question is what is low water mark, or how is it to be ascertained ? It would be equally difficult to determine what is " high water mark," for the river may have been at one time swollen into many miles of width, and the mark it then perchance left may be now perfectly effaced so as to evade the most scrutinising observation. Then again the river course may have been in the lapse of ages perfectly dried or sealed up. But is it contemplated by the Rules that any one is to determine these things? If so, they must be very absurd—these rules and regulations ; and in truth so they are, for their definition is no definition; their classification only a mystification: They pretend to determine by that which is in itself undeterminable, or never had existence—the high and low water marks of mountain streams and rivers. Surely our sage and venerable Legislators compiled the mining rules whilst enjoying the peaceful retreat of a seaside villa, and forgot that the tidal flow does not affect up country rivulets. There is no such thing as high and low water marks in them. Therefore the whole clause being an absurdity, no valid claims can be supported by it, or founded upon it. Much less, can they be made to over-ride or supersede claims legally taken up undera "prior clause" of the rules and regulations. Such are river claims, because they are established, and enacted before beach claims are so absurdly mentioned. So much for the legal points of the case. And now as to the benefit to the miner, and to the community generally, it may I think be fairly assumed that the speedy and effectual development of the mineral riches of the country is desirable and proper. Men have come here from distant parts, have outlaid their capital and expended their time and energies to be in a position to work the rivers and creeks in the winter, when the frost and snow seal up the supply of water, and the rivers fall to a minimum calibre, and after having done so, and taken up claims under legal sanction and stipulation, are they to be told that because there may be an absurd clause in the mining rules, therefore they are not to be protected in their previously established legal rights. If so, it will undoubtedly reduce many to penury, and paralyze trade and commerce, therefore it will be injurious to the community generally, and to the miners more particularly. The extent and advantage of river over beach claims is very great. In the former, fifty feet of the whole width of the bed of the river (where the most of the gold is); in the latter, thirty feet, extending only half-way across the river, is a claim. The former resembles the frontage system in alluvial sinking in Victoria, and ensures to the enterprising mining capitalist his full chance of the lead of gold; whereas in the latter, or beach claim, he may be on the wrong side of the river for the gold, and the undertaking of turning the stream is reduced to an uneertain speculation or chance. Nor would the limited extent of such claims justify extensive works

of this kind, or encourage the settling down of the digger on an adequate extent of ground for such outlay and labour. Associated labour and capital should 'be encouraged rather than retarded, which is the effect of the small number of claims allowed in a block, viz : —six in river, and only four in beach claims. The whole of the Rules and Regulations seem to me to require remodelling. I am, Sir, Faithfully yours, J. DeCourcy Young. Queenstown, May 7,1863.

THE WAKATIP LAKE. To the Editor of the Lake Wakatip Mai l - Sir, —There is no doubt that Queenstown is a rising place; in fact, the whole of the Wakatip District for progression, wealth, and energy, cannot be equalled in the Province of Otago ; but there are some faults to be rectified, some deficiencies to be supplied which require immediate attention. One is, the absence of all laws and regulations byNrhich the trade upon the Lake could be reduced to some kind of order and system, and I am glad to hear that when the Council meet, an Act is to be introduced for the better regulation of rivers and inland seas. So many accidents have happened lately—so much loss of valuable property has been experienced, that it is high time there was an alteration. We cannot expect that boatmen should be held responsible for the safety of their cargo, as of course they cannot always guard against the elements, but boats might be inspected and classified, and those which are unfit for service condemned.

Day after day, in spite of the awful warnings we have had, the tiny crafts go forth as if in defiance of wind and wave, manned by inexperienced, careless hands, who know nothing of the management of a boat, and arc quite unconscious of the skill required in such a wild, variable, capricious piece of water as Lake Wakatip. The dwellers on the shores of such a lovely lake as ours must necessarily become attached to it: we watch its varying moods—now calm and still as a sleeping infant—now tossing its crested waves on high as if indignant at the narrow bounds assigned to it: in the morning smiling in placid happiness—in the evening, dark, fierce, and cruel, yet ever beautiful, ever near, till it comes to be the familiar friend of our daily life, —the coy, changeful beauty whom we love most when most wayward. But sad indeed it is now to look out upon its glittering surface, and remember that it is fast becoming one great tomb; that instead of regarding it with pride and admiration, we must shudder while we think of the dark, greedy depths which have swallowed up so many treasures, and from whose unfathomed strongholds our lost friends can never more return. The mountain winds, as they sweep down the gorges in strength and fury, seem like demons howling over their intended victims ; every cloud is fraught with a dreadful meaning, every sail i 9 watched with anxiety, and even the musical ripples which so softly break upon the shores, have a lingering, melancholy cadence in their tone —the requiem of those who sleep beneath its beautiful but treacherous waves. Surely the inhabitants of the royal city will keep the Government up to the mark in this matter; it is one which affects every member of the community, and we must begin to help ourselves or we will never get help from other people. Fortunately we have now a local paper in which to make our wants known, and at the same time show the world in general, and Otago in particular, that we know when things are wrong, and that we have energy, spirit, and determination to fight against our grievances, and never rest till they be removed. I am, sir, &c, Alpha. Queenstown, 7th May, 1863.