The Tuapeka Times. SATURDAY, JANUARY 29, 1870. "Measures, not Men."

Tuapeka Times, Volume II, Issue 103, 29 January 1870, Page 4

The Tuapeka Times. SATURDAY, JANUARY 29, 1870. "Measures, not Men."

The results of the recent Conference of Wardens to revise the Gold Mining Regulations are at length in the possession of the public. It may be questioned whether those who are charged with the administration of the law are the most competent to legislate ; and as regards the amendments of the law which have emanated from the Wardens, we feal that, while in some respects they may prove to be of a beneficial character, yet in the main they will be found to be characterised by a tendency to increase the power of the administrative officers over the rights and the property of individuals. Even on a cursory perusal of the amendments several instances could be pointed out where this tendency is disclosed. Most of the amendments made by the Mining Commission which revised the Regulations about two years ago, and which was mainly composed of individuals selected by the miners themselves, had entirely the opposite tendency, and we regret to see the retrograde movements made by the late Conference. Several of the gentlemen who composed the conference have exhibited not unfrequently a desire to combine the functions of the legislator with that which is their proper duty, viz., merely to declare the law ; and it would be well if such were given to understand once for all, either by means of the regulations or otherwise, that they can give to none, or take away from none, anything which the law has not given or taken away. To give a summary of all the alterations would be beyond the space and information at present within our command. The strictures of the present article will therefore be confined to that part of the Regulations in which the most noticeable alterations have been made, namely, the Agricultural and Mining Lease Regulations. A great, and it is to be hoped a really beneficial alteration has been effected m this matter. The monstrous nuisance of the system of deposits has been removed, with all its attendant evils, many of which need not be pointed out, and some of which it may be better to pass over in silence. A certain fixed sum of 2s. 6d. per acre is payable when the application is granted, and this sum covers the first half year's rent, the cost of survey, and all other expenses. Instead of referring every application to ©unedin for the consideration of the Executive, as has hitherto been the system, it is now made imperative upon the Wardens to decide upon the applications, and in the case of objections, to take the evidence on oath, and at the time of hearing to grant or refuse a certificate at once. This alteration will certainly save delay and uncertainty, and although it places a very great power in the hands of the Wardens, it can scarcely be said that they are less competent to exercise it than an Executive sitting in Dunedin, and, generally speaking, without the necessary information to enable them to decide rightly. The Wardens, however, are not left to their own discretion in the matter of applications. If we understand the import of the new Regulations aright, the functions they will be called upon to exercise will be purely of a judicial character, and they will be equally unable to deprive applicants of land to which, as applicants, they have incipient rights, and to refuse to entertain well-founded objections. The nature of the objections that may be urged are distinctly specified, and it is apprehended that according to the ordinary rule of construction, no other can be entertained.