The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. SATURDAY, OCTOBER 28, 1882.

Thames Star, Volume XIII, Issue 4314, 28 October 1882, Page 2

The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. SATURDAY, OCTOBER 28, 1882.

Eumob bas it that Mr Robert Graham in. formed several parties in Auckland jester* day that he was about to apply for an injunction against the Prince Imperial Co., in order to assert certain rights in connection with the shaft from which the company is now workirg. So general was the rumor, that we must accept it aa having more or less foundation in fact, and it was an important factor for a time in the sharemarket Now, we feel confident in stating that tbe original Prince Imperial Company purchased years ago all rights over tbe ground which Mr Graham possessed, or, it might be might be more accurate to say, it was taken for granted he possessed. The company's right was for 21 years. In process of time, say a year ago, the effects and rights of the Company were sold by auction and purchased by some five gentlemen, who formed the New Prince Imperial Company. Clearly, therefore, if the former company had a complete and free title from Mr Graham, the purchasers, or their assignees, are also possessed of it, and Mr Graham is quite out of Court. While on this subject we take the liberty of briefly reviewing the question of Mr Gra* ham's rights on the flit. To commence with. it is at once conceded that he hat surface rights, that is, he is entitled to any actual injury done to hid property through mining, just the same as any tenant would be entitled to compensation. We hold that the probability is, the ultimate reading of

the law would be that there exists a per-1 feet right to mine, which neither Mr Graham nor anyone else can interfere with. Bat that mining must not inflict actual loss upon him or others, therefore the miners are responsible for damage done by. them. Presumably he is the occupier of the ground: if, therefore, a mine injured, a house of his close to it, Mr Graham should be recouped the damage. Mr Graham is paid a considerable amount for the right to mine an. nually. That right was purchased by the Government from the- natires, the bargain being that the Maoris were to receire certain of the goldfields revenue, including miners' rights fees, for granting that privilege. Mr Graham purchased part of the flat, and all the rights which the natives had passed to him, so that instead of such portion of the goldfield's revenue as is derived from that land going to the natives, it thenceforth went to Mr Graham. With the lands the natives sold their title to the [.moiety of goldfield's revenue accruing ! thereto. Thus we see that gentleman has surface rights, to an extent which can not interfere with the mining, and that he is being paid for the right to mine. We hare the best reasons for stating that the Warden holds that he has the power, which he is prepared to exercise, of granting all mining rights whatever on this land. He would not, however, probably take upon himself to grant machine, business, -or residence sites. Until 1873 the Wardens bad exercised the power of granting these sites, but the 129 th section of the Gold Mining Districts Act of 1873 deprived them of that function over the township of Grahamstown and Shortland. But as they had up to that time included this power in their duties, it follows that all tn« other powers, those pertaining-to purely goldfield* matters, remained. This exemption practically strengthened the Warden's legitimate functions over this land. The reason the power of eranting these sites was taken from the Warden probably was that the natives also were granting them, and the two authorities clashing or leading to confusion, It was deemed advisable to leave the natives to deal with the matter themselves. Then the point of this land being a native cultivation reserve crops up, and with it the question of defining the term. Clearly it was not a native cultivation when the goldfield was opened; we can trust our memory as to that. And it never has been one since, nor did the natives intend to reserve it for one, or they would not have allowed the whole to be proclaimed a township. That, we take, it disposes of the natives cultivation reserves. We should like to see .this question of Mr Graham's supposed title grappled with once and forever, and the sooner the better. This rumor affected the market value of the Prince Imperials very considerably, and we make free to suggest the advisability of the Prince Imperial Company challenging Mr Graham with starting the rumor, and, if necessary, throwing down the gauntlet'to him to make good his claim. We should much prefer to be in a position to regard that gentleman as an angel of progress, than as a vampire, hovering over the flat ready .to descend whenever its health might have recuperated, in order to suck its heart's blood.