TOPICS OF TALK.

Mount Ida Chronicle, Volume V, Issue 294, 16 October 1874, Page 3

TOPICS OF TALK.

It la not without interest to watch the periodic weekly convulsions of the Dunedin Harbor Board—that poor, inanimate creation, daily in fear of the Press triumvirate, who, iu-due turn take up the old cry:—"Why idocs riot the Harbor Board progress ? Created so Jong; and as yet, no result f**.---eacliwinding up ,_ with due editori.il adWenitidri and quantum of sage advice. The j?traw meanwhile withheld with which bricks areito be made, the poor Board has a bard time of it, and may well pause in five-hour discussion, and due publicity of testimonials, over the-twenty-four, engineers .who have applied for the high office of advising the Board. At the last meeting the few plain facts we have over and over aga:n stated to be the sine qua non in any Tlavbor Improvement have begun ro find expression through Mr. Keid, as representing, we presume, the Government Mr. M'Derrriid most sensibly protested agninst the Board binding themselves toi an expenditure of £I,OOO a-year, when, so far as tbey knew, they had noi any funds, and already had incurred liabilities of £6OO a-year. He said—

Tt was necessary that, before they proceeded to spend money, they should know what money, if any, they had. He did not know, as a member, that they possessed a farthing; yet already they had incurred an expenditure of £6UO a yearMr. M'Neill: More, a thousand. Mr. M'Dermid: And they, propose to incur the expenditure of another thousand, without knowing where one sixpence was to come from. They had no revenue and no money. Mr. Keid: We have revenue. Mr. M'Dermid: Well, where is it?

Mr. M'Neill: £ will tell you directly. Mr. M'Dermid said that that was the information which should be before the meeting at the present moment. No doubt the Finance Committee knew a great deaV but they refused to give information. He, however, had a strong - objection on another ground. When the Board was established under the Ordinance there were certain powers, and these powers he was willing to exercise to the fullest extent.

Mr. M'Neill: I wish you had passed a proper Ordinance while you were about it. Mr. M'Dermid said it was not his fault. He had been looking up the speeches, and found that the Provincial Solicitor had stated that not a farthing of the Provincial revenue was to be expended by tho Board. There was the dredge: that did not belong to them. Had they had a strong Government it would not have been given away in the manner that

Mr. Beid: It was its strength caused it to be done.

Mr. M'Dermid said that all they had was a promise regarding the dredges. When the Board had money he would not oppose the carrying out of dredging operations in the harbor to the fullest extent. He had come there with the intention of helping to push the matter forward. He meant .to-do He, however, first wirited: to know where the funds were to come from.

.No wonder bin I Lop or, in the chair, expressed an opinion that a great: mistake had been committed in not allowing Mr. M'Dermid to withdraw.Lis rdotion for postponement/ of the appoiritr meat of an Engineer-without discussion. A great mistake, certainly, from a Dunedin point of view. Mr! Eeidis reported to have. &aid;r-

That, though.the Board had the necessary, funds in the bank at the present time, they, would not be in a position to proceed with; the work until a survey had been made. That, in fact, was what they should proceed' with. ■<-...''■'.

Very sensible and very true. .The remark did not satisfy Mr. Reeves; galled and under pressure of outside criti-i cism. He at once jerked out

That the sooner they got to -work, and the sooner tbey let people see .-that -they meant to go to work,, the. better.'. '". ISo matter whether the-work is feasible or not—"let'peopiusee/V. .Mo doubt, after due incubation of reasonable amendment*, we shall tsee. It will be remembered that, we gave the Beard credit for moving in the matter of survey—a motion having been carried to the. effect that a survey should be at once undertaken..-. Tuey" did uot deserve even the Jit tie credit bestowed. Some member of the Bqard, whose liitUiy fa uu't't'uii) iu'iJie

only report .hf !';■••.! i;->. hi-.m, i i':>-d" the' matter. whiV'i i» ->n up T.hYis-: - Some reference having been made to a previous motion, re survey,

The Chairman said he thought the matter was one which might be left to the Engineer. Mr. Reeves remarked that it was not improbable th it tho >oird woal-1 >'>taui the services of an engineer from London. [Of course, uu good uuug~caii come out of GalHlee.l '.'." ' The Chairman added that if that was done it would be unwise to put off survey operations. . On the motion of. Mr, Tewsley, • ' : The Board then adjourned sine die.

A dtsppte has been pending a long time at Queenstown between Vie Corporation and Mr. Robertson, "the proprietor of a w.tter right out yf Onemile Creek. The Corporation need the_water- right for the supply of the town, and naturally Mr. Kobertson wants it himself or a very considerable satisfaction for it. Miv Macassey has given an opinion to the Corporation of very great interest. It will be remembered that t' o Pruvin'-iiil S ; >li- i?nr, Mr Stout', advised the .<loldfieid» Committee, during the last sessi n of the Provincial -Council, relative to the resumption of a water ri<;ht in this district, under section 2b' of the. Goldfields Act of ISG6, that he did not think the power of -.such- resumpti.oo.x'xistedi We are not quite clear whether his" opinion-was, that only in the special oa-e before, the Committee was this want of power existing. We incline to think his opinion was expressed, although guardedly, that, the pmver ofresumption did not exist at all. Mr. M cassey's opinion runs thus:— I incline to think that Mr. Robertson's water privileges are revocable under section 26 .of the "G-oldtields Act, 1866." The words "public use or purpose" woeld probably be held to extend- to a water supply conducted and managed by the.Municipal authorities, for the benefit of the ratepayers residing within the Municipality. In Crook v. Proudfoot Daily Times,' 3ist August, 1S71), Mr. Justice Chapman- decided that a railway (the Dunedin aud Port Chalmers line) although constructed by private contractors, and for their Ovvn immediate protit, was " a work or undertaking of a public nature."

But it is unnecessary that I should dwell on this, because I thilik that there can be no question that under the Goldlields Acts no larger rights can ibe acquired in respect of Crown lands (save as to -royalties), than can be acquired at common law, In respect of private, property (see Stevens v. Webster, 3w. w., and a: b. m. c, 26.

Now, ■ supposing Air.. Robertson was the owner in fee simple of the whole land in which, the creek rises and runs its course, or suppose that he held an exclusive grant of •water rights' from the owners of the soil, there can be no question that the Council could take the water under section 7 of the Act of 1872. Mr. Robertson's legal interest under the Goldlields Act cannot of course stand as high as in the illustrations.pat. One can conceit e that the exercise of the Council's powers in the ease of a stream used for mining purposes may be attended, in many instances, with, results disastrous to the individual. But to that it is to be;replied, salus populi suprema lex est, and' for. th« injury which maybe occasioned, the Council has to make adequate compensation. :

if Maeassev i* risfht, and his reputa? tiou as a,barrister is a high one, we do not think Corporations need fear having any difiu-ulty with regard to the disposal of sewerage in main outlets.a pomt which has threatened to crop up iu more than one instance of late. With regard to resumption of rights for Corporation purposes, as Mr. Maeassev points out, oppressive action is effectually checked by the. compensation which, in any case, would have to be paid, so that mining interests are, we think, safe enough from any und.ue molestation.