MAEREWHENUA.

Mount Ida Chronicle, Volume III, Issue 204, 24 January 1873, Page 6

MAEREWHENUA.

\Ve had heard so ranch about this field, yet in its infancy, that we were glad of t he opportunity a rather hurried visit gave ■us, of making a few personal notes. There can be no doubt that the importance of the district will be exactly in proportion to the amount of water able to be brought on. It may be taken for granted, that the ground of a payable nature is unlimited, and from its nature peculiarly adapted for sluicing purposes. We see "toothing there of; that hard, tenacious ground, of the Hogburn aide of the ranges. The■ sources of water supply, are the

the Awamoko, and the Kakanui. Sooner Maerewhenua (with its different branches), or later, combination of capital or labor will bring in all the available water from the first two of these sources. It will not, however, be easy to say what amount of water may be counted on from the Kakanui, owing, to difficulties as 1 to diversion of water from one water-shed to another, &c. Several of the races are being progressed with speedily and well, mostly under the direct superintendence of men well known on the Hogburn. The township is placed on a spur leading down to the bed of the Maerewhenua, and though rather exposed to high winds, yet, judging from the grass and the vegetation in the gardens, the climate and soil combine together to make the district a singularly pleasant one in which to settle. Mr. Thomas Cooper has secured a site in the centre of the township, on which he has erected a handsome stone house. He has also enclosed an acre of ground, which already bears evidence of the care and labor bestowed upon it. Mr. Craig has erected a commodious and comfortable hotel. Mr. Osterborg, too, has improved his already well-known hotelleaving nothing to be desired. We were also shown over the premises built by Mr G. Stephens, shortly to be opened as an hotel under the able management of Mr. Gallagher, so well known in Mount Ida. I Mr. Gallagher has done well to look j ahead, and provide accommodation, which! this promising field fmust require at no very distant date. Messrs. Hanna and Co.'s buildings catch the eye at once on entering the town, and we had an opportunity of judging that the inside contents fully deserved the exterior appearance. , Mr. Crickmore is a little behind the times, but shortly intends to erect a place of business which, from its situation, must commond a good trade. No one need be afraid, with an ordinary sound horse, to ride through the Pass and see their old friends. A good track, cut all the way, makes a mistake impossible. We were certainly surprised that, with such a good road, no efforts had been made to establish a weekly horse mail from the Kyeburn. Such a mail, worked as a parcel express, could be made to pay a very handsome remuneration. - AVahden's Cotjbt. (Before H. W. Robinson, Esq., Warden). Cooper and others' application for twelve heads of water from the Xakanui River —This was partly heard at a former sitting, when it was held over to see if it could be made not to conflict with another application made by W. Williamson, on behalf of the ICakanui Company. These two applications were now considered together, that is, so far as the objections to be tendered were concerned. Mr. E. A. Julius appeared on behalf of Messrs Booth and Cheeseborough, and also, as lie explained, severally on behalf of the Meat Preserving Company, the flour mill, the fellmongeries, and all the holders of land on both sides of the river. The Warden stated, that objections had been received by letter from various parties interested. The answers sent to these had been to the effect, that no instructions having been received from the Government to the contrary, h e would proceed to hear any applications, but that in the face of the report of the Special Commission, no grants would be made without reference to the Government. Mr. Julius said, that the first question he should have to raise in the interests of his clients was, that notice has not been served as required by Rule XII, Sub section I, of Goldfields regulation, which directs, that any persons desiring to construct a race " shall, &c. . . . give notice to every person whose interest may be affected." Section 1 of the Goldfields Act also bears this interpretation. Section 21, sub-section 1, also applies to this point. Notice should have been given to the township of Kakanui, to the promoters of the harbor works, and to every owner of land on the river. This was a preliminary objection, which he wished the Court to make a note of—preferring, however, to deal with the case on its merits. No notice, was given to the flour mill nor to the fellmongeries. The various stations who had large races constructed for sheep washes were all affected by this application, and should have had notice, as well as the landowners all down the river. Section 21, sub-section 9, says that no license shall be granted under these Regulations for water that is in use, or may be required, for public purposes. Sub-section 10 provides that two sluiceheads shall be left for private purposes : this is of minor importance, but still shows that the intention of the framer of these Regulations was-not to in jure residents on the river. Section 65, sub-section 9, of the Otago < Waste Lands Act, 1872, says that "no license shall be granted under the authority of this Act for the use or diversion of any water which is or may be required for public purposes, or for the use of the miners generally, or for mills or

manufactories." He contended, then, that this water was required for public purposes, as represented by the numerous inhabitants of a large agricultural district, and important works-.employing- hundreds of hands. The land all down the river had fetched high prices on the strength of the river frontage. The Special Report had been mentioned, and he wished to say that that report was most erroneousbeing a mere jumble of hearsay evidence passed from ear to ear—at least, so far as the river rights were concerned. He would prove that there were not seventy heads of water in the river running to supply the present wants, and that, if these rights were granted, the river would be dried up —the harbor works proposed to be immediately constructed would be useless and the township would be deprived of water except by wells and the lagoon. He would also point out that the meat,preserving works alone were erected at a greater expenditure of capital than the whole G-oldfield at present represented—£2o,ooo in cash having been expended on the strength of the river supply, which is j now insufficient. He, on behalf of his j clients, would, without any want of res- ! pect to the Court, claim, before any grant should be made, that reference should be had to a higher tribunal. He would now call

i David Booth, who said :lam a partner I in a fellmongery on the Lower Kakauui, ! about four miles from the river's mouth. I reside at the works, and have done so for over two years. I take an active part in the working. "I understand what a sluice-head is. At the present time we cannot get above two Government heads. By the Court: We constructed a race from the river through our property. We turn in all the water that we can by a dam of sandbags. The outside flow that escapes us may be two or three heads. Examination continued : The flour mill race takes their supply out of the same dam. If from thirty to seventy heads were taken from the head branches, the effect would be a total cessation of work below. JSTo supplies come in below our works, except the island stream. Cross-examined by W. Williamson and T. Cooper : There are three fellmongeries and one flour mill. About three heads are now available for fellmongeries. There is no reserve on my side of the river. None, that I know of. I have no written authority to lift the water. He-examined by Mr. Julius : I do not know about this reserve. The only thing I know is that' Mr. Connell, the surveyor, showed us the grounds; and said our pegs were on the leasehold. We have not thought it necessary to construct more than temporary dams, on account of the width of shingle. .Our race is constructed in the shingle, and paved. The width of the valley is about a mile. Mr. Andrew Mouat, examined, said: I am a partner in a flour mill situate about four miles from the mouth of Xakanui "River. We rent the flour mill at a rental of £SOO per year, and have, besides, to keep it in repair. The mill is worked by a race from the river. All the water we could get last week was eight to nine inches in a flume six feet wide, and a flow of one and a half mile per hour—sufficient only to drive one pair of stones for half time, instead of four pair for : full time. Our flume is constructed to carry a body of water eighteen inches by six feet, with a correspondingly increased velocity. The mill cost £5,000. In answer to a question as to his knowledge of certain fellmongeries, witness said : We see too much of them. They are quarrelsome fellows—(Who P) —Mr. Wheatley being worse, if possible, than last witness. I don't quarrel with them. I would take the water and be quiet if they would let me alone. Mr. Wheatley requires clean water. He secures what percolates from our dam. I have" to stop work occasionally for them both, and then they are not pleased. Supposing thirty heads were taken-from head sources, I could not work the mill by water. Two days ago there were about five heads in the river additional to the flow in my race. There are several industries at the meat-preserving works which could not be carried on without water. '

Cross-examined by W. Williamson : I tried to shut them up. I don't know what right they have to the water. Booth generally soaps me out of it. Shortness of water varies from four to five months per year. Mr. Williamson then said that these parties had no rights; that the only points that had to be considered by applicants on the G-oldfields were those affecting interests in that G-oldfield; and he held that they- only had to notify such peopl'e as held rights under the Eules and Eeguand the Goldfields Act, and that the objection raised would not holdx. He farther stated that the banks of the river were reserved.

The Warden said he thought the Act must be interpreted to embrace all and every party interested, whether in the Goldfields or outside.

Mr. Julius said he was sorry to raise

the point, but he had been so instructed. After consultation, he said that his clients instructed him to withdraw, the objection,, without, however, prejudice to the raising'.' of the point on any subsequent occasion that might occur, as to previous applications, and would now ask for a decision on the real merits of the objections. The Warden said his opinion was that it would be unwise to make these grants. But, with the fact of the Government having to a certain extent enquired into the matter, he would, be willing to keep the applications open to give the present applicants a prior right. The ca.se made out by the objectors is a very strong one. It happens that the available water is very small. The rights of residents lower down the river are older than: the Goldfield. The value ; of the objectors' property is very great. I don',t think there would be the least probability of these grants being obtained—the objections are too strong for us. I say us, because, as a G-oldfields officer, -1 am naturally anxious for the extension of the Goldfields' interest. I say this, however,, without any prejudice whatever, to grants already made. Those grants I maintain.-. But these applications are as to very large additional rights. However, on the expressed wish of both sides, I will keep the applications open for reference to a higher tribunal. I wish further to say that-, in no case will I confer any additional rights out of this river without the express authority of the Government. It was agreed, after consultation* that the applications should be marked refused." The other business in this Court ■ waspublished last week.