WARDEN'S COURT.

Mount Ida Chronicle, Volume VII, Issue 371, 14 April 1876, Page 3

WARDEN'S COURT.

April 7. {Beta* H. W. Robinson, Etfj., War-Jen.) IHPOBTAHT APPLICATION, Brookes and others applied for a grant for a tail race one and a quarter mile in length, and sixty-six feet in width, from their extended claim in Roach's Gully to tbe terminating point of tbe Government Channel. To this application objections had been lodged by Patrick Flannagan, Lawrence Flannagan, John Cogan, and John M'Grath, the holders of an extended claim in Roach's Gully; ateo by Robert Maclatchy and George Murdoch, who hold ground in the Main Gully ; and by William Jacob, Henry Jacob, and' Michael Lennano, who "hold an extended claim below the bridge. The object ions are not published, as there waa no dispute about the facts on which they were based. Mr. "W. L. Bailey appeared in support of the application, Mr. H. C. Hertslet for tbe objectors. Mr. Heitslet, addressing the Warde ■, said he was sorry to have to object. He admired the pluck which Mr. Brookes showed; at the same time he must poiu; out that tbe grant would give the sole right in tbe gully. Barely 66 feet of open ground existed. No one else could work ground in the gully without, he presumed, paying Mr. Brookes. If any tail race is granted it should be conditional, so as to aToid a personal moBO]x»ly. If tne persons working in the district had gone" hand in hand, and applied for a main tail race it would have been better, but that seemed impossible at Naseby. Cogan and party's ground of objection is that all ground available for tail races would be monopolised. Mr. Bailey: If Mr. Cogan will take our application he shaJl have it—we give it him. He cannot do it himself, and will not let us.

Mr. Hertslet: A man may have good ground to object without being able to accept the alternative. The application is simply to obtain an extended claim of nine acres.

Mr. Bailey pointed out that Mr. Brookes' own claim was included in the line of race—tho real acreage would be about seven acres.

Mr. Hertslet, accepting the correction, went on to say that such a width of ground as that asked for was unnecessary. The application did not show its real purport, which wan a claim. Mr. Jacob's objection was that lie holds an extended claim of three acres, through which this tail race or canal must pass. Mr. Bailey: Which we will pay him compensation for. That settles that. Mr. Hertslet: No it does not. To grant the application in its present form is impossible. He would be prepared to prove the objections, as to matter of fact> if it was considered necessary. The Warden thought evidence to establish the facts alleged was scarcely necessary. The first objection was trore one for a view; the second is simple ; and also the third. He would propose to view the ground before arriving at any decision. One point would have. to.pe considered. The original plans of ,the Government Cbnnnel showed an intention to bring a race up to the bridge. Unless informed by the engineers, he should hot feel justified in granting the same line to, anyone else. The Government works have been done piecemeal, the last contract being undertaken under pressure, and as yet he had no intimation of any abandonment of the original plan. If 1 lie Government have abandoned their intention bo saw no reason why a private party or a combination of miners should not connect with the Channel.

Mr. Bailey stated that some portions of the race would be twenty-five feet deep. He might say his client was going in for some return for the outlay he would have to make. There was not one individual who could construct such a race to work an acre claim. All parties would reap the benefit. The objectors are reaily shutting up tho whole upper part of the district. Mr. Brookes does not want to create any monopoly. He will be satisfied to allow al 1 parties to run down his race free of cost. AH parties can make free use of tho tail race, if granted, provided that each party using the race contributes to the, repair of damage. It is simply u private individual offering to carry out

what the Government have left 11134006. Mr. Brookes will submit to any terms the Court proposes to protect the miners, provided that the parties using the race contribute to its maintenance. It was not disguised tbat he sought some recompense. With regard, to the objections, they were tin-pot objections. Mr. Green, who had three tail races running down the flat, Mr. Newman, and others, who were largely interested, did not object, looking forward to it as a good thing. The objectors showed a thorough vexatious and tin-pot objection. Ooe individual has seen something thot will pay him, others have not. If Mr. Cogan had been present ho would like to have asked him a lav,- questions. With regard to Jacob's objection, which was not what he called a tin-pot one—he will have an outlet made for him. He would have thought Jacob would have offered a premium. If, however, 0. loss to him can be shewn, Brookes will submit the matter to arbitration. Brookes holds a six-acre claim at the mouth of the two gullies, and two-thirds of another claim higher up. He wants to work his claim, but cannot do so without the grant of a race. If the Government intend to cease at the 1-mile peg, he is prepared to connect with the Chaunel. there. Mr. Hertslet said the terms offered were more liberal than he had been led to expect. At the same time (here was a look of monopoly about the application. If the objections do no other good '< hey will have the effect of sifting the matter thoroughly. If conditions ..were, and, could, be imposed, obligatory upon Mr. Brookes, fee thought the objections might bo withdrawn. At tbe same time, the width asked for was unnecessary. The application was adjourned, sine die. and, the Warden accompanied the parties interested to the ground.