THE Mount Ida Chronicle SATURDAY, DECEMBER 1, 1877.

Mount Ida Chronicle, Volume VIII, Issue 450, 1 December 1877, Page 2

THE Mount Ida Chronicle SATURDAY, DECEMBER 1, 1877.

It is -with, no ironical intention that, publishing fifty or sixty miles away from any native tree, we intend to introduce to oar readers "The Floatage of Timber Act. 1873 ":

It shall be lawful for the licensed owner of an 3 r Jogs lumber timber firewood posts rails or other wood, flax gum or other substances or materials either by himself or by his servants or workmen to raft or float the same or to cause the same to be rafted or Soared down and along the course of any river stream of' tidal creek mentioned in hi; license : Provided, that in so doing he or they shall do permit or suffer or cause to be done permitted or suffered as little injury spoil or damage as possible to the lands on the banks or along the course of any such river stream or "tidal creek 3nd that the owner of the timber or other substances or materials rafted or otherwise floated as aforesaid shall be liab'e to pay to the owners and occupiers of any such lands compensation in damage for any actual injury spoil or damage which shall be doae permitted or suffered in the exercise of th» power granted by this Act: And provided also that in so doing he or they shall not injuriously interfere with the ordinary naviga-' tion of any such river stream or tidal creek. £§o far the Act. Another clause follows/ which limits the right of damage to the " value of injury spoil or daniage'actually-' " proved to have been done permitted or' " suffered." Here we find the Legislature interfering with and absolutely cancelling without compensation the vested' riparian rights of freehold proprietors. The reservation of riparian rights by the Crown upon Goldfields has been frequently urged by the miners. If the Legislature will not resume the rights already parted with there can be no reason, why in future sales rights should be parted with which have in many cases alreadybeen leased to others, and the non-reser-vation of which leads to the serious paralysis of a great industry, and a great loss to local and Colonial revenue. The State, in its wisdom, has expended £300,000 in constructing and subsidising water races; at the same time it allows any person who succeeds in securing a hundred yards of frontage to a stream to paralyse t!>e utili-" sation of the works constructed at the public expense. It might be a hardship in some cases to pass an Act taking away riparian rights already acquired by purchasers of land in favor of the goidinißersy although the magnitude of the mining in» dustry would, in our opinion, justify such an Act. But no one can show that there is any hardship when the State says to ths would-be purchaser of land upon Goldfields, "Yes, buy land which is non anri- " ferous by all means, but we do not sell " the riparian rights in order to enable you/ " to levy black mail upon the industry the " development of which alone induces you " to purchase. We sell you the surface- " of the land, you will be protected against " all actual damage, but the rights to the " flow c f the water, pure or impure, we " reserve for the development of the " mines." When a proposal is made to carry into law so wise a provision all kinds of objections are raised. The poor struggling man is painted for our sympathy; his farm inundated with tailings, his cows milkless, himself ruined, and left a victim to the unsubstantial miner, whom it is fruitless to pursue at law. The other side of the question is not looked at. Terr few claims now are worked with less capital than is required on average farm homesteads in Goldfields districts. In a mining district mining is the leading interest, so far as the rights in the soil are concerned, and employs the greatest number. When the Crown needlessly parts with the water rights it is obvious that a greater number ot persons must be injured than could possibly bethec::se from the reservation in future sales of such rights. The agriculturist might have toarrange for a supply of water in some cases, and full facilities exist in the Lands Acts to enable him to secure legal water rights without arrangement with anyone. The springs on the low ground, which are valueless for mining, can all be made toserve the end the farmer has in view. This position of relation is admitted by miners and farmers resident in Goldfields districts. Our representatives cannot so readily impress the common sense view of the question upon their colleagues at Wellington. Mr. Donald Beid is horrified. His vision is bounded by the anticipated groans of the small farmer. So horrified is he that, rather than give way, he on a late occasion was induced to stonewall his own pet, the Lands Bill. Referring again to our exlrat\ from Statute law, we may premise that all the verbiage about lumber, timber, flax, gum,. &c, is strictly Vogclian. The industry protected by the "Floatage of Timber Act" is confined to kauri logs, which float readily. These logs are collected on the streams (in no case navigable), and driven down in freshes by means of men wiih immense poles, and dams suddenly unlocked at intervals along the course of the stream. The scene when the first drive takes place can hardly be understood unless seen. The stream is one day calm, and dotted here and there with large holes, full of gigantic eels, and fords over which the stream just trickles. The next day after the first drive it is a seene of uniform waste. Immense stoppages take place, till the dammed up waters and coming floods break them up, and cause the liberated loss to tear nil before them in their downward course, leaving the bed levelled and choked with clay, sand, roots, and every kind of river debris. In. deference to the mill-proprietors we see a retrospective law was passed, absolutely taking away the rights of the riparian owners. The proposal to reserve rights in the water on the Goldfields is not retrospective. The Legislature did not see such grave objections when dealing with the timber owners. The poor man and his cow, alas! had few defenders. The few did not include Mr. Donald Beid. It did include Mr. Parata and Mt. Taka- | moana, whose plain statements of damage ! which would ensue have been amply confirmed in practice. Kauri forests have been leased or purchased upon streams. | In order to drive the timber down dams I have been made, to be suddenly opened, | floods have been taken advantage of. valuI able eel weirs have been destroyed, gardens obliterated, and private -rights of every kind have been ruthlessly ignored. Yet the timber trade has thrived, and the loga driven down to the tea hsir« been

raftetl romul.to A«ckl»n^'iiiiSno:oowr*e, Tho^#,VfHsM}« r l!Tx* CTirtoAt"ffc«A Me .speech - aYj3£Nrretftry'Vm''ftlo7.« lliio'sf'CQtvd the'legislative Council;—. It had been found in practice—he was glad to say only in an individual case—in tho Province of Ancklandl that n person holding a very small block of land at the mouth of one of those croeks had been able to obstruct the operation!) of every person owning timber land higher up tho stream. There was a cause in Auckland which had obtained a certain celebrity in loyal circles there, well known as the ea.-M of Mohi v. Craig. A particular grievance had arisen out of that quarrel between the plaintitf and defendant. The phHiitiff had'been able, from the fact of his possessing a very Braall piece of land at the mouth of the sreek. entirely to obstruct the operations of defendant and his representative on the upper part of the stream. The consequence was that property, to a very large extent, in logs already cut and lying there, had begun to rot and to be destroyed, and £OOOO or £70()0 worth of timber was absolutely useless, and a loss. Kecoursetothe law bad been had, and injunctions had been obtained by the person holding the land below, which had entirely shut up the whole work of the saw mills and of the forests higher up the creek. ,

If flo'vve, of Maerewhemta, and Stephen Itead, of Tinkers, could htive had the same measure meted out to thorn as the .wealthy millowners of the North obtained Messrs. Borton and M'Master and Messrs. Glassf'ord J3ros. would hardly nave liked it.

%Tue directors of the Bank of New Zealand have voted 10 per cent on the salaries of their officers as a Christmas box. A paper will be read in the Minerva Lodge, 1,0.(1 T., Blackstone Hill, on Wed nesday next, December sth, by Hro W. H. Ash, of Naseby. Subject—" The future of 'our Order." . , The Christchurch 'Press' is responsible for giving currency to the report that Mr. Stout is to become Attorney-General, and that Mr. J E. Brown (the member for Ashley) is likely to join the Ministry. , It is tho intention, wo understand, of the Cricket Club to challenge w t. Bathans to a match to take ■ place about Christmas time A meeting of the Committee, to linally consider the. matter, is to be held in the Town Hull on .Saturday evening next, .fV.-eem.ber Ist Tan ' Marlboro!...; 1 ,! Expreisis ' learns that tho plates, and f"n-■**•.--= fur Hie ve\v Zealand subscribers u> th.i Vrr. Union of Loiil.i.i lost on board the Avaiaiiuhe. Anions the ,prizea lost was one valued at £l5O belonging to a gentleman at Waugamii . Wk understand that Mr Jacob, ot Nasoty, is the successful tenderer for. providing the,tea at the Kyeburn Diggings on the evening of the I2tb December. A number of peraous'from Naseby intend being present, and, what with tea. concert, and dance, a pleasant evening should be spent. At last.a meeting is called for the election of Wardens for the Kyeburn Hundred for the remainder of the year 1877, to be held in the Court House, Naseby, on Monday next, 3rd Deomber. Mr. John Creigbto'n will preside at the meeting, and the votes will be taken by ballot. The report that the Pope is dead has been denied, ft is, however (says an exchange), ~ beyond question that his Holiness is broak- • lag tip very fast. Our Paris letter, dated September 30_.sa.vaL.." the new Pope is already nominated in the person of Cardinal T*ahebiwho is seventy years old.' - , Scarlet fever is still prevalent on the West .Coast. Distriot Judge Weston was lately bereaved of two of his children from ..this disease at ilokitika, and last week he had to make a hurried mUsion from Westport to Hokitika. to attend the funeral of other two of his children; twin infants, who had died on Saturday and Sunday. The business at the Resident Magistrate's Court. Macraoi, held before H. W. Robinson, Esu , R M., last week, was exceedingly heavy. The bulk of the cases wuro in eon nection with Chinese gambling. The presence of two gentlemen of the long robe, and the large number of cases, protracted the sitting to two days.

Tub Agent-General, by telegram dated the '■2nd November, advised the Oovernmeht of the sailing of the Apelles, with 2IS immigrants, for Auckland, the Oamaru with 65 for the Bluff, and tUI) for Port Chalmers, and 'the Hereford, with 3.'W for Canterbury. We understand that the Rev. J. M'Cosh Smith and family, of Jtfaseby, are passengers by the Oamaru.

By means of two revenue constables, five convictions were obtained at Oamaru on Friday last for sly grog selling. Fines of from £IS to £', it) were imposed, amounting in all to £IOB. The highest was a linn of £HO in the ease of one Cogvin, who was charged with selling beer ami having a beerpump fixed up in his premises. He asked for an a;"jou,nment to procure witnesses to swear that-there was no beer-pump in his house, but this the Magistrate declined, remarking that he did not doubt that Cogvin "could procure witnesses to swear this, in fact he believed ho could obtain witnesses to ■swear that the house was not there at all. Hub-Inspector Smith deserves credit for bis vigorous action.