THE MINERS AND.THE POWERS THAT BE.

Tuapeka Times, Volume 21, Issue 216, 21 March 1872, Page 6

THE MINERS AND.THE POWERS THAT BE.

(To the Editor.)

Sir,:— The Miners' Associations may be powerless to avert abuses in the administration of powers relating ' ta their affairs, but they can and do let those who are dealing out these powers know that such abuses exist; and exist they do in- no small . degree, • as will be seen in the following' case :—: — y Two miners* Elliot and Tickle, ownerg of a water. race commanding the banks of the Molyneux Biver on. the road from Clyde to Cromwell, traced and wrought a good payable run of geld to within about twenty yards of Felton's Falcon Hotel, Cromwell Road. Finding the gold going under the property, they set about' .getting the ground and having the^. property removed. Felton's positiq.% is this — He, is the legitimate holder of ft business area,. aud of prsp'erty these-: on ; and hhrc r has also improved antfc cultivated a p£ece,of land of considerable extent, say from eight to ten acres,* to which he holds no. legal title. He deposited £10 some six or seven yearns,, ago with t!ie Warden at Cromwell, and applied for a lease. The lease, was refused, but somehow or other the money was not returned, and remained in the hands of the Government for a long time. It has been offered to "Felton, but he declined to accept it. The miners first step was to apply to sink two prospecting holes on this land so held. They pegged of a piece of ground 53 feet by 15, and deposited with the Warden, at his request, £U), of which, if they restored the soil to' its original state, they were to receive.' £8 back. They sunk, the holes, got payable prospects, restored the soil to" its original state, and get their £8 back. The time was in the depth of winter They afterwards applied for? a mining lease of ten acres, which includes Felton's house and business 1 ' area, and about two and a half ,a^rfj^' of the other cultivated land. O'bjjwL ,tions, of course, were, lodged, bju£ r i$ r tiuiately word came from the.G-bjiewaf menft that the appUca&fce 4dui< -Imivat the grounft 'by pay.ingf tJodips&m^tScrt*' to Felton aceortiitfg»*ioe*rbfo] atK>n^ The following arlfTtfraTSsr^ !> Wr l e. ? ( HoSe^f by the respective^p^ftel:^??!!] r l^^t Hanlan, agricuHup^C^e^ei'oJ^i , fW^3CEeri Keri, far Feliqjk $)% ]Ssr \ f^C^ Chappie, auctio.uep% i^]^ao4r^<i >^ the app^icanti. Qn, CQnifng^ before; $he,

HWEftftteh tw Teoeiw tK^ir^itf«*»ri(#?nflo Ghafpplexi suggested*. >thfcit>«4ino« qm.pire sboWek be -appoinietL.&a& J 3tt*m!be/ qf names were, .put ;vdowni; uigfad arbitrator allowed -to strike' of one alternately until the lot fellr to a Mr. Webb, a half miner, hajf cockatoo^ residing near Coal Creek,' 'whorijvas sent for, and agreed to act. Considerable difficulty was experienced 6eixu?e an award could, be arrived at,^ mainly through Hanlan sticking to an outrageous sum, and declining lto deviate thepefj?c>mj . Eventually,, on the sth January, an award was signed by' Webb and .Chappie, the following being a jprect£ thereof : — £378 2s to be reduced to £138 ss, and Mr. Felton be allowed to remove his house, outbuildings, crop, trees, and everything on the ground ; or, in - other words, Felton to receiye the former sum, and leave*"the whole of his property in the hands' 'of the applicants ; or, if the latter, to take all the property, and , 'feaye'the applicants the ground,'^ the su p considered .equal to the loss be7jvQul(l sustain ; and by their instrjucitjon they were t,o Iqok on the whole of -the improved land within the boikftiary of the mining lease as being legitimately held by Felton.

The case came on before the Warden on the 10th January, when Mr. Webb brought forward another estimate desiring to withdraw the former, and which added 100 per cent, to the first award. The Warden demanded a week to look over the papers. A<i the expiration- of that time, Elliot called again at the Warden's office, when the Warden told him he had sent .all the documents connected with the case to the Government. The same day afterwards, his solicitor (Mr. Brough) asked him, what the Warden said of the case. On telling him, Mr. Brongh said such was not the case, as he and the Warden were looking at the documents after he left the court. Some days after, the Warden, in passing, tells Elliot that he had altered his oiind on the case ; that ho intended to set aside the award of these arbitrators and take the case into his own hands, remarking that he thought there were three honest men in the district ; but it seemed not. Little wonder that Lot should flee from Sodom ! Subsequently Mr. Brough tells Elliot that the Warden wanted to send Mr. Worth, an agricultural leaseholder, Tiger Hill, to value the property^ and desired that Elliot should agree to give £12 as cost of arbitration. Elliot refused to do so, stating that he considered the case settled by the award of Webb and Chappie. However, .Mr. Worth, accompanied by Mr. Brough, came on the ground, and Elliott, being persuaded by his counsel, agreed to the arbitration. Mr. Worth estimated the damages at £512 10s., which was made up by the following items : — Culvert, .£l4 : gooseberries, £7 10s. ; strawberries, £20 ; raspberries, £10; currants, £22; fruit trees, £18; gate, £2 10s.; house, £175; water closet, £3; stable, £30 ; storehouse, £6; cart-shed, £10; calf pen, £7; furnace, £1, 10s.; old hut, £5; f .ience, £15; herbs, £6-; loss of business, £160. -The above award has been approved* >'tsf, ~antl the applicants have received Notice that they, can have the grouncl by paying the a ! bove sum, and if riof^settJe.'d according io.tbe terms of the estimate .within fourteen days from date of notice,- the application to be null and void. • The abuses in tfie administration of power which I have said exist in the ' case, and the inexplicable irregularities contains, are these :- — rHow, in the first instance, is the miner asked to deposit £10 to be allowed to prospect on ground to which the.-holder has no title, and which has always been considered auriferous, ' a prospecting claim having been granted ' .more tnan seven years ago ? Blow should the .arbitrators be instructed to assess .damaga^ for irnprove'inents on land so held? How should the item " loss on business " be allowed in the award, seeing that such loss canbe considered^acfual loss, but rather j ' loss ] , j /.'Should not th,e' same rule apply as , jW;hea.fche Superintendent " may resume t possession of any residence area, busi'ness^area, or tent ground," in which case ! 'the "regulations distinctly state thartr the holder jor occupier thereof, who shall be in-, legal possession, shall be entitled, to compensation for any actual improvements situated or being on the lamLsQ'granted or held?

How should the award signed by Webb and Chappie qn the sth January, be set. aside, seeing- that, except theirinstructions, everything, was done ac .cording to the regulations, and which f state that such award - may be enforced -by an action % Is the inexplicable mystery of Webb wishing to withdraw that, "award, and bringing in .another, sufficient reason to set it aside,,- after being deliberately s igngdj an4,delivered % Has the Warden the power to set aside the . .&ward, of arbitrators and take such a «ase in his own hands ? What reason > co&ld the Warden have for telling "*Elliofc the documents had gone to town, j !^hen, according to Mr. Brough, they i 'j^were actually lying-before him 1 How j fsdjfle^ Wibrfch to pc appointed . arbitrator^ the-mdde of arbitration as set \dowai ih the regulations, neither the ■ j&rO^rntnent nor Ih'e "Warden has anytlffb^* .tfrjjp. with .the appointment of WmtraTOrK ,-f AJf the request rr 4 of* the the.C^oaamit^ee.of'^heJMEiners' , J^g)cifiJ(*9st jb#«£. applied- to. . the • Goi vs%naenA:tO£cansidar these irregularities ans ppinte in th;e case, and, desire,

,-jw: *r*i t»r»,r : m •■ -v. • ]^cve v) jcaK^tq,be,j«opQned and proceeded *.w*jthpn s^fair. tjasis., But,if,the Committee .have * ftiifb in.'tVei Government 'acfcediiig to their' 1 wishes, I at least have not. We have already had an instance of their granting an agricultural lease ,on land proved to be auriferous, and in :theiaoe of $ numerously-signed memorial against it. x It is surely tiroe'for the .miners to. look .after the auriferous lands when'comptnsatiort is put on in this raannebv- *' ' A MEMBEit'tH^ratß Mining "Association.