THE Mount Ida Chronicle FRIDAY, JULY 16, 1875.

Mount Ida Chronicle, Volume VI, Issue 332, 16 July 1875, Page 2

THE Mount Ida Chronicle FRIDAY, JULY 16, 1875.

No friend of the G-oldmining. interest will be so wedded to his ideas of the necessity of that interest receiving greater protection as to suppose that the mutual servitudes which have gradually arisen in connection with lands held by different owners could be summarily over-ridden or dispensed with. Nothing is sounder in equity or common sense than the general statement that—" It would be impossible for landed property to be beneficially occupied and enjoyed unless one landowner or occupier is prevented from damming up or diverting the natural streams and watercourses on his land, and thereby depriving his neighbor of water, which would otherwise naturally flow to him. Neither could latid be usefully or beneficially cultivated or enjoyed if one man was allowed to dig pits, mines, or quarries, so near to the boundary of his estate, that his neighbor's land, being deprived of its natural support, would slide down and sink into the hollow." What are roughly classed as common law rights are in reality little other than traditions of former customs""' and usages handed down in more definite and fori. gible shape in volumes of judicial decisions and reports, and in the treatises of learned lawyers. The roots of many of these older decisions, founded upon custom, are now obscurely hid. The common law rights thus shadowed out in decisions and treatises now considered as authoritative, appear to have been little other than judgments in equity between man and man holding, or having a claim to hold, somewhat similar rights. If miners were merely carrying on their occupation on lands which they leased, their common law rights would be neither greater nor less than those of lessees or proprietors of ground under occupation for other: purposes in the same locality or . district, and Blackstone's interpretation of indictable nuisances y would undoubtedly be applicable as prohibiting the further prosecution of their industry. "It is ■a nuisance to stop or divert water .that uses to run to another meadow :or mill, to corrupt or poison a water course by erecting a dye-house or a •lime pit for the use of trade in the upper part of. the stream, or in short to do any act therein that in its consequences must necessarily tend to the prejudice of one's neighbor. So closely does the law of England enforce that excellent rule of G-ospel morality of doing unto others as we would they should do unto ourselves." G-oldminers are not, however, alone participators, as lessees of ground, in rights held equally with other occupiers of land in the same district, who may be engaged in agricultural, pastoral, or other industries. '-They are supposed to beTin possession of statutory powers.

"When gold was; discovered, and a large influx of population flowed into l -the; Colony,- the legislature stepped in and conferred, or intended to confer upon the goldminers special rights which it must have been contemplated would curtail the common law rights of proprietors and occupiers of lands. It is argued that such legislative action, if carried out as contemplated, would be unjust. That, by .consequence of it, one interest would be oppressed for the suppositious benefit of another. Farther than this, that it actually would create an interest that must prove antagonistic to existing interests. ' Such argument does not appiear tous to hold good, neither can ! any such legislative action be taken to be in the least degree exceptional. The legislature always is endowed with arbitrary powers of undefinable extent, enabling it to control, .interfere with, or take away, private rights. "We might instance the compulsory land-taking powers conferred by Act on all railway companies. The New Zealand Government retains and exercises the same powers, and, in addition, does not refrain from vesting similar powers in corporate bodies. Taxation is another form under which common law rights are interfered with. If the maxim is correct that a landed proprietor cannot legnlly suffer any injury or curtailment of hereditary privileges, how can it be legal to establish a compulsory land tax P Such a tax is in force at home, and should be in force in New Zealand.

Did the G-oldfields Acts now in force really convey a title to gol drainers, and grant them practical rights as well as theoretical ones, their position, as possessed of statutory powers, would be a clear one. A position somewhat similar was taken up in England, ysrheu

special legislation was introduced to facilitate compulsory action by boards and other public bodies for the better drainage of lands. Powers were given to them to deal compulsorily with obstructions in rivers regardless of private rights. The statutory powers thus conferred undoubtedly interfered very seriously with the common law rightß of riparian proprietors. The intention of the Legislature was certainly to arrive at the general benefit of the proprietors as a whole. It would not be difficult to prove that the action taken under the powers conferred upon these boards repeatedly injured individuals who yet failed to obtain redress in the Law Courts. A statute such as our Goldfields Act under which powers are conveyed that in their exercise interfere with the common law rights— must have contemplated the creation of the nuisannce which is now complained of. If then the Act itself were perfect, £He contemplation by the Legislature would be a sufficient defence for the nuisance. Unfortunately our Goldfields Act is by no means perfect. When taken in its literal sense, it is argued, it does not contemplate the pollution of streams, or the discharge upon Crown lands of debris from tail races. Through the defects of the Aet the intention of the Legislature is frustrated. It has been decidied that—" If the thing done is within the statute it is clear that no compensation can be afforded for any damage sustained thereby, except so far as the statute itself has provided it, and this is clear on the legal presumption that the Act creating the damage, being within the statute, must be a lawful Act." No one can doubt that the intention of the Legislature in framing the Groldfields Act was to give a practical right to miners for the license fees they were to pay—notwithstanding the palpable fact that their operations would prove detrimental to the common law rights of a few others. What now is desired is not a trampling afresh upon common law rights, but simply a carrying out of the intention which the Legislature originally contemplated. Goldminers do not ask for new legislation, but rather that the now obvious miscarriages of the old shall be remedied. G-oldminers consider it anomalous that they should pay heavily for licenses which are, when opposed, not worth the paper they are written on.

A meeting of shareholders in the Naseby Coal Mining Company is called for Tuesday evening next. The Education Board have agreed to raise, the Kyeburn schools from being merely subsidised to the Mink of side schools. In the case of the application made by Mr. Joseph Creighton, for exchange of lease, we have been requested to draw the attention of those who may be interested to the public notice in this issue. . A SAI/E is announced for Wednesday, the 11th of August, of household furniture, at the Parsonage, Naseby, including pianoforte, washing machine, books and sundries. Foil particulars will be seen in our advertising columns. The item of news telegraphed to us from Dunedin, in reference to a petition being about to be got up praying for the removal of Mr. Warden Beetham appears to have been put in circulation by a single individual, and deserving of little or no consideration. Fot the 7,000 acres proclaimed on the Heriot Hundred as open for application under deferred payments there were 350 applicants. The number of sections was only 35. Supposing the runholders had not succeeded in their jSne of obstruction nine applications would have failed for every one successful. . This is gambling with a vengence.

The nomination of candidates for the office of Mayor of Naseby, -will be held at the Town Hall, on Friday, 16th inst., at noon. The candidates at present in the field are the retiring Mayor, Mr. L. W. Busch, and Mr. E. T. George, whe was the first elected Mayor of Naseby. The Naseby Good Templars have put out an excellent programme for their' entertain-' ment on Monday evening. The first part is to commence at 8 o'clock. Tickets can be obtained from the members of the Order,. or at the doors. The Athenaeum lecture—the first, we understand, of a is fixed for the evening of Friday, the 23rd. The ability of the lecturer, Mr. H. W. Robinson, and the fertility of his subject, will be sure bo attract a good audience. Tickets can be obtained from members of Committee, and at the stores. A meeting of the Naseby Cemetery Managers was held on the 14th instant. Present —'Messrs. Walter Inder (chair), L. W. Busch, Brown, and Rowlatt. Receipts were reported at £lB 13s. 6d.; expenditure, £3 2s. 6<£; leaving a credit balance of £ls lis. The following accounts were passed for payment: J. and R. Bremner, 10s. 6d.; G. F. Rowlatt, £2 Ids. Mr. Busch was appointed Secretary and Treasurer, in the reom of Mr. John Bremner, resigned. ■We understand that, for the convenience of applicants for land on deferred payment, the Warden (who is also District Land Offi3er) will take with him, on his next visit to Hyde and Macraes on July 28th and 29th, a number of licenses with respect to which holders of land have had notice that they must be executed within thirty days. This will save licensees the expense and trouble of a journey to Naseby to make their declarations, sign and take up their licenses, and pay their rents.

The Queenstown people mean mischief. Having given up fighting among themselves they are prepared for anything. Unless, indeed, the local correspondent to the Dunedin ' Star' belies them very much, which is likely enough. Anyway, he wired on Saturday:—lf revolutionary support is necessary, it will be afforded to the Waste Land Board and Government. People here clearly understand that the abolition of the Provinces means the destruction of landed estate until local selfgovernment is granted, with control over the land revenue. The battle with the sqatters is keenly watched. On Tuesday evening there 'was an alarm raised of fire, and the bell was quickly rung. All that could be ascertained was a rumour that the fire was down the flat. A number of people hurridly ran down the road, bnt, nothing been seen, the report was considered by many to be a hoax. Fire had actually commenced in the house occupied by Mr. Sub-Inspector M'Cluskey. Through some inadvertence the blind or curtains hanging in a bedroom at the back of the building caught fire, and for a few minutes endangered the house. The flames were, however, quickly extinguished, without much damage having been incurred.

On Friday last the Secretary for Works and Provincial Engineer arrived at Naseby for the purpose of inspecting the public works. On Saturday the head race and sludge channel were both visited, and car£ fully examined. In the evening a deputation of residents and miners waited upon the representative of the Government, urging the' folly of allowing works of so great magnitude to remain comparatively unfinished, or unreasonably delayed. Mr. Green expressed himself as qiite alive to the fact that the works, having reached their present stage, must be completed. Messrs. Shannon, lnder, and Brookes, ably urged the practical advantages the Government would derive by a steady prosecution of these works, and, on the other hand, the bad economical results of delay upon delay. The visit, we understand, was intended purely to obtain information—consequently theta was no attempt to formally annoy and worry the visitors. On Monday the Taien bridge was visited on the road down country.

A Committee meeting of the Hamilton and Sowburn. Miners Association was held at °? T d ' P re sent—Messrs. KS. Booth, A.L Nwholas, W. H. TJdy, R. Barron, and j! Nicholls. Hie miihitea of the previous meet- £ 6I V ea i and confir med. It was moved by Mr. Booth, and seconded by Mr Herlihey, That all books, maps, and papers received from the Government be placed in the public library at Hamilton, under the same regulations as other library books, marked w^°^ ation '" Carried - Proposed by Mr. W.Bailey, seconded by Mr. Udy That a vote of thanks be tendered ttf Mr! Lautour for his prompt action in forwarding the mteeest of the district, as well as for his indefatigable exertions in endeavoring to place the occupation of mining on a more permanent basis. Carried unanimously. Proposed by Mr. Booth, seconded by Mr. Herliney, T That a vote of thanks be tendered to Mr. J. P. Armstrong for his prompt action in forwarding the works for which this Committee were in communication with the Government, and expressing oar approval of the course taken by him during the Ministerial charges; which resolution, after some lengthy remarks by Mr. Booth on the subject, was 1 earned unanimously. Proposed by Mr. Udy seconded by Mr. Barron, That the future meetings of this Committee be held on the nrst Saturday evening of every month. Carried. The meeting then adjourned.