THE Mount Ida Chronicle FRIDAY, AUGUST 1, 1873.

Mount Ida Chronicle, Volume IV, Issue 230, 1 August 1873, Page 4

THE Mount Ida Chronicle FRIDAY, AUGUST 1, 1873.

The report of the Groldfields Committee on the petition of the Kakanui Water Hace Company, when brought before the Council for adoption, raised a very protracted debate. The report was- —" That the Committee, taking in- " to consideration the prayer of the " petition of the shareholders of the " Kakanui Water Race Company " (manager, William Williamson), re- " commends that, as the petition opens " up a large question as to the legality " or otherwise of all the rights out of the " Kakanui River, the Government ap- " point a Commission of three and the •" Provincial Solicitor, to determine the " title of water rights out of that river; "so that, if defective, expensive works " may be stopped as soon as possible j " or, if valid, that capital may be en- " eouraged to develope the water races " from that source, and thus tend to " open up the large auriferous depo- " sits at Maerewhenua ; and that, the " petition *under consideration be re- '" ferred to such Commission to report " upon to the Government." It was moved that this report be adopted, upon which Dr. Menzies, Mr M'Lean, and others spoke against the motion, stating that a very large question was raised as to the whole validity of water rights, and they individually were not inclined to entrust such a power as was proposed into the hands of a Commission. This seems to us a most unreasonable position for these gentlemen to have taken up. It amounted to saying that because the petitioners were aggrieved or so considered themselves—in a matter that, being decided promptly, might necessitate a decision in other independent and very difficult questions, therefore we will not consider their petition at all —in other words, we will shelve it. Others, again, took a still more extraordinary view. They said: " This is purely a legal question. If the petitioners are injured they have a legal redress." This was not the case ; for the mere refusal by the Warden to grant additional water rights could not for a moment be supposed to be a legal injury, and the petitioners admit that they hold a right, purchased by them, for a license to divert fourteen heads of water that,

so far, no one has attacked. Yet, if they prepare to avail themselves of it —by cutting a race some twenty miles —and then divert the water their license entitles them to, , the very same objection that stopped the grant of the additional right asked for would be rained to force them to let go the fourteen heads for which their race was cut. To put it plainly, they would have to go to the expense of some £20,000 to cut a dry ditch, and—if the original objection is raised and, sustained in law—then and then only, they would be in a position to go into Court as being legally injured. It is clearly unreasonable to take such aposition as these latter objectors take to the proposed enquiry, by insisting that either this Company or the Government are to wilfully waste some £20,000 in order to show that there has been a legal injury. We fail to see what other course the Goldfields Committee could have taken other than as indicated in their report. They had not time or, indeed, power, to get all the evidence on the question, nor did they feel confident in their ability to judge where really professional acumen was required. To lieve the petitioners, to aid the Government, was it not the wisest course to let the Executive appoint a Commission that would be presumedly competent to deal with the claim of the petitioners, and to determine, as far as they legally could, the disputed rights from the Kakanui River —even going as far as to get the matter argued before the Supreme Court, if necessary—so that, if the law is being | broken by the diversion of water for gold mining purposes, the Legislature and the gold miner may at once know their exact position, and the former be able to decide how necessary and established works may be legalised to the joint advantage of miners and agricultural settlers. Dr Menzies pointed out that the Waste Lands Act, 1872, provides for the redemption of water rights required for mills and general purposes, but he did not point out that the succeeding clause also provides full compensation for such rights so resumed, which is only fair. The Government should at once decide whether the water from the upper branches of the Kakanui is required for such specific purposes ; and, if- so, they should cancel without delay all the rights out of it, awarding full compensation to the companies holding those rights. The .amount of such compensation is great enough now, and will increase very rapidly year by year. If, however, the Government think that they have a loophole in law by which they will escape from such compensation, and at the same time determine to ignore the rights, their delay in the matter is still more reprehensible, for they are allowing parties to expend thousands of pounds, knowing quite well that if the rights are to be forfeited, and no compensation to be paid, their labor and enterprise must end in absolute ruin.

The Council ultimately decided to recommend the special petition of the Kakanui Company to the favorable consideration of the Government, with a clause attached urging the desirability of legislation on the matter. It would have been better, we think, and led to more likelihood of a speedy settlement, to have adopted the recommendation of the Committee for the immediate appointment of a Commission. The G-overnment have had this matter before them for over six months, and have given no sign of action. Indeed, it was not their fault it came before the house at all, rather—as no doubt they think—their misfortune. We very much fear that a decision will still be delayed ; and in the meantime expensive rights will have to be maintained, and paralysing uncertainty be continued, affecting equally the settlers and minors in the Kakanui and Maerewhenua districts.

Tn:e session of the Provincial Council has at last dragged to an end. It cannot be said, however, that nothing has been done, for a few great and extensive subjects have been ta,ken up, and in someinstances decided upon. "We hope to consider these subjects more in detail when we are further removed from the newness of the proposals. Provincial 'railway development, the

recognition of science as the necessary attribute to practical mining, the permanent settlement of the Goldfields, by means of proclamation of Hundreds, and last, though perhaps not least, in importance, the proposed withdrawal of State aid from charities and schools, with a view to a gradual education of the people themselves in philanthropy and social matters, have all been dealt with.