IMPORTANT PUBLIC MEETING.

Nelson Evening Mail, Volume IV, Issue 253, 27 October 1869, Page 2

IMPORTANT PUBLIC MEETING.

A ineett&g, palled for^the^ purpose of expressing an opinion $'&y3ie late iand sales at Wangapeka, held at the schoolroom, Lower Wakefield, last night, when quite 200 were present. Mr. Chattock, having read the advertisement, stated that the committee had requested him to call this meeting in order that an opinion might be expressed upon a question which was just then agitating the public mind. The miners at Wangapeka entertained the idea that the settlers were opposed to them, and were annoyed at this, as tbey felt that their privileges had been encroached upon by the sale of the lands. Mr. Silcock, in moving the first resolution, said that the sale of the land was a great griovance, as the effect of it was virtually to lock up the reef, the miners being afraid to commence work, as they felt if they struck gold ihey might be turned off directly. The miners felt that the settled districts were against them, and this meeting was called for the purpose of showing that that was not the case. At present no one knew which way to move, and he wanted to hear some expression of public feeling. He would move That this meeting is of opinion that ths digging population of this province has received a grievous wrong through the sale of auriferous land in the Wangapeka district, and that steps be immediately taken to redress them. Mr. Smith, jun., seconded the resolution. Mr. Baigent suggested that as the members of the Waste Lands Board were present., they might probably tell the meeting how tbe public stood with regard to the sale. His Honor the Superintendent, who was received with loud cheers said, It wiil be convenient for me to explain first how the land came to be sold, because there appears to be an impression that the Government mijjht have prevented it. According to the plans in tbe office the land was outside the boundaries of the South-West Goldfields, and therefore any man who chose was at liberty to purchase it. lam not specially responsible, nor is the Government, but the management lies with the Waste Lands Board which has the administration of, but not the power to alter, the law. The question is how could the Board have stopped, what we all regret, the passing of this land into private hands. They could do nothing. The Board had always been most careful about the selliug of auriferous lands, knowing that it was likely to lead to complications, but the Wangapeka had for a long time been looked upon as a very poor diggings, and the Board wished to see the land taken up in small blocks. Although it had been known for many years to be a gold bearing country, there was nothing whatever to lead to the supposition that a rich field existed. His Honor, having related the circumstances attending Cullefbrd's purchase, went on to say, Mr. Daniell and I thought it desirable to call a meeting of the Board, and sent at once I for Mr. Barnicoat, we did not bfliev'e there was any reason to be iv a great hurry, as Culleford stated positively that he wished to keep the matter perfectly dark, and that he should say nothing of it until he returned to Wangapeka. In order to save tinv j , before Mr. Barnicoat canie in, we got a resolution drawn up and sent the Gazette to the printer's, but in the meantime a number of persons applied, and 130 acres were purchased by about 35 persons. It has been said that the Commissioner aud myself might have acted, but mv own opinion, and also that of tlie Provincial Solicitor, is that it would have been illegal to do so. If we had the slightest suspicion that people were coming ro buy we might have sent a trap and brought Mr. Barnicoat down at once, but we did not think this necessary. It is thought that 16 acres is too large a block to sell for mining purposes, but by the regulations we are empowered to lease for quartz-mining 16 \ acres, extending 400 yards along the line of the reef with a breadth of 200 yards. The question of how far these freeholds stand good against the miners is a very difficult one, and lawyers are of various opinions about the right to the gold parsing with the land. , Mr. Baigent said there was an impression abroad that the plan was not in accordance with the Gazette, would Mr. j Daniell give some information on that j subject."- ?

Mr. Daniell said : I ana glad of the , opportunity of affording any reasonable explanation of this matter, I came purposely to give information hut, understand, that I do not consider myself placed on my.defence. If. any of you bare a fault to find with ma as Commissioner, it is open for you to report me to the General Government and I shall be dealt with accordingly. I wish to say that Mr. . Curtis had nothing more to say to the sale of these lands beyond giving advice than any one of you, but that I was compelled by law to act as I did. Place yourselves in my position ; Mr. Greenfield came to me and reported that a miner had come to him with some specimens of auriferous quartz and wanted protection. He first applied for a lease but as that would not have answered his purpose, I was compelled to inform him in what way he could obtain protection, namely, by purchasing the land. He did so, at the same time expressing the greatest anxiety to keep the matter quiet as he said he wished to leave town and get to Wangapeka before it was known that he had purchased. Had I refused to sell he could have brought an action against me for damages. Mr. Curtis and myself then arranged to write to Mr. Barnicoat and I took the letter to Holder. The van however was not down, and I could find no person by whom to send the letter. There was no ground whatever to suppose that there would be a rush. Of course we can see now what it would have been best to do, but in all the concerns of life, whether public or private, we can all of us be wise after the event. lam not in the slightest degree interested in this land, as I feel strongly that it would not be right of any officer to take advantage of knowledge officially obtained. Next morning I found the office besieged, Mr. Catley came to me and said, are we to proceed with the sales. I replied that there was no help for it. I went at once lo Mr. Curtis, and he asked if Mr. Barnicoat had received his letter. I said no, and suggested that we two should hold a meeting, to which Mr. Curtis replied that.it would be illegal. I saw this at once as if only two of us had met and withdrawn the land from sale, any person would have had their remedy against us at law. We immediately sent a special messenger for Mr. Barnicoat, and in the meantime drew out the Gazette and sent it to be priuted. I feel it but right and just to Mr. Curtis to say that if blame attaches to anyone it is to me, and I am willing to bear it. Theu with regard to the charge of selling the laud to Government officials and Mr. Curtis' supporters, I kuew none of them as such. Suppose Mr. Catley had said to an applicant, Oh ! you are a Government officer, I can't sell to you. Is it not manifest to all of you that it would have been wrong and absurd to do so. Besides most of those who purchased are General not Provincial officers, and they bought, not by themselves, but with a lot of others. None of those who knew of Culleford's purchase officially are among the purchasers. That same eveuing Culleford ma le the whole affair public at Everett's hotel, and thus everyoue came to hear of it. Mr. Daniell then produced a plan showing the situation of the reef. Mr. Luckie said that from Mr. Haast's pamphlet and the Admiralty map, it appeared that the Eulling River was within j tbe boundaries of the South-west Gold- j fields. Mr. Daniell: According to our map it is decidedly not so, and that is our only guile. Mr. Luckie: Waß it not the mau's duty to prove that the land he applied for , was not within a goldfield. Mr. Daniell: It was my duty to see where it was. Mr. John Kerr: It seems to me that you left noihiug for the man to do, but did it all for him. You say yourself that you persuaded him to buy the. land. Mr. Daniell: I said nothing of the kind, Mr. Kerr, and you know that perfectly well. I am surprised that you should make an assertion which you. know to be a falsehood. Mr. Kerb: You said you persuaded him. Mr. Daniell: I distinctly deny it. I was bound to give him every information, and I should do the same for any one of you were you to apply to-morrow. ' Mr. Andrews : How does the land run -tbat is sold? r ; Mr. Daniell: The purchasers are^at the mercy of the. Waste Lands Board to a great extent. The land can be laid out in

such long sections as will give to each but a smali portion of the reef. Mr. Andrews: If you could not act without Mr. Barnicoat, how do you act when Mr. Curtis is at the Assembly in Wellington? -* Mr. Daniell: That is different, and is provided for. Mr. Curtis is then away from his. usual place of abode. Mr. Andrews: Did you not feel sure that Mr. B-irnicoat would have agreed with you in withdrawing tbe land from sale? Mr. Dantkll: Yes, but still it would have been illegal. A Voice: Why did you not send a special messfingpr for Mr. Barnicoat? ~Mr. Daniell: There did not appear to be the slightest necessity for doing so. Mr. Smith: What course shall you pursue, Mr. Curtis? Mr. Curtis: The Waste Lands Board must act, not the Government which has no control over waste lands outside a goldfield. My intention is, so far as my own action is concerned, to send a Warden and the Provincial Engineer to the spot. The former will ascertain from the miners their assumed rights, will take down the names of all who have pegged out claims on the reef, and then I shall cause it to be proclaimed a goldfield. Of course I shall take immediate steps for deciding if the disputed land be within the South-west Goldfield, though the office plan shows that it is not within, and I have hitherto always taken our own surveys in preference to others. If the land be within the Southwest Goldfield, the sale is clearly illegal. We shall endeavor to settle that at once. Any question of compensation is of course one of law, and not for. us to decide. Mr. Luckie : After the Warden shall have registered the names and claims of the miners, how will that affect the purchasers and the district ? Mr. Curtis : Declaring it a goldfield will open up the whole district, when perhaps many more reefs may be discovered. Mr. Luckie : If the action of the Government prejudices the claims of the purchasers, who pays damages ? Mr. Curtis : Proclaiming it a goldfield cannot affect those interests at all. A court of law must settle that. If the Warden can deside these claims amicably he will certainly do so. It is likely his decision may be appealed from by either party, but I think it can and wili be settled. Mr. Luckie: Can the Warden decide it? Mr. Curtis : I think so. Several other questions were put. Mr. Curtis : You ask me many questions with which I really have nothing to do. The land was sold by an officer of the General Goverment, and he tells you he was compelled by law to sell it. . Mr. Smith said he should like to hear Mr. Barnicoat ou the subject. Mr. Barnicoat : I should have been sorry to leave without saying a few words because my silence might be misconstrued into a wish to separate myself from the Board. But I identify myself entirely with it, and I believe that it could not have acted otherwise than it did. - Two members could not have acted without me, so long as I was within reach. I wish to corroborate all the facts mentioned by Mr. Curtis, and Mr. Daniell, and to concur in their actions. Had they the gift of prophecy and foreseen how things were going to turn out, they might have sent for me quicker, but this gift of prophecy is a peculiar oue, and I have frequently noticed that it is unaccompanied by auy other gilts. Mr. Painton: Have no meetings of the Waste Lands Board been held in your absence? _''— Mr. Barnicoat: I really cannot say, but .if they have, they have been merely .formal meetings. - ; Mr. Andrews: Had Mr. Curtis and Mr. Daniell iss.ued?;iKe Gazette, should you have objected?: vt Mr. Barnicoat: No; but then that is after wisdom. Mr. Andrews : But they sold the reef. Did they do right in so doing ? Mr. Barnicoat : I think they conld have done nothing else under the law as it stands* 7 ■' ' : Mr. CuStis : Mr. Barnicoat, yoa say we acted right in what we did. I presume you also think if we had withdrawn the land from sale and refused the money, we should have acted illegally, and been liable- therefor ? ; ' / i Mr. Barnicoat : Clearly I do. ' Mr. Luckie : If a missive Js despatched summoning a Waste Lauds, 'Board/ -and only two meet, can they not ;:act;-? Jyj'

Mr. Curtis : If notice were given it would be a different thing. But suppase we had acted without Mr. Barnicoat what would Mr. Luckie have said ? He would at once have protested indignantly against the slight that had been passed upon the Speaker of the Provincial Council, and have found fault with us for veuturing to act independently of him. Mr. Luckie : On the contrary,.l should have entirely concurred with you. Mr. Curtis : If so, it would have been the very first time that the Superintendent had, in the eyes of Mr. Luckie, acted rightly. Mr. R. M. Smith proposed — " That this meeting is of opinion that prompt action be taken for the settlement of this much-vexed question, and that they fully endorse any action the Government may adopt to see that the miners are put in possession of their usual rights." Mr. T. Price seconded the motion, which was unanimously adopted. The resolution first moved by Mr. Silcock was withdrawn. A vote of thanks to the Waste Lauds Board for their courteous explanations was proposed, by Mr. Smith, seconded by Dr. Irvine, and carried unanimously. With a vote of thanks to the Chairman, the meeting separated.