ADMINISTRATION OF JUSTICE,

Tuapeka Times, Volume V, Issue 255, 19 December 1872, Page 8

ADMINISTRATION OF JUSTICE,

The Conference, having considered carefully this subjec l , would recommend that the present system be entirely altered. Warden's Courts and officers were introduced in Australia, and imported from tlience for the double purpose of raising revenue and dispensing jus'ice. When these institutions were fir.--t in'rochiced the goldfields were occupied principally by a very different class of pecple from what they are now. Gold was then got by little labor and expense, and large bodies of miners kept continually moving from place to place, to follow every new field that was discovered. It was no doubt necessary then a special system of administrating justice should be adopted, also that special taxation should be raised from among the miners io meet the expense. The goldfields are now in possession of a more settled and enterprising class, who, by their energy and perseverance, are slowly succeeding in developing the mineral resources of the goldfieWs The Warden's Courts in (he early days o° the goldfields were excusable, and, for revenue purposes, were properly employed j but tlnef^jfipniation. has now scattered, and spread over the extensive area of our goldfields, and these courts are too numerous and expensive to make their functions as revenue offices a profit to the stave. A reduciion of this class of offices will enable the legislature to relieve miners from the pressure of a taxation which bears heavily on their indush-y. The Conference are of opinion that the common law courts in existence would meet the requirements of miners in matters between themselves, as between the general population of the country, leaving in fhs hands of the miners the adoption, if necessary, of cour s of arbi ration, wlrich could deal wi h maifers of dispute v.'hich could be appealed from to the District Court of the province, if desired ; and as most, cases of any great importance or magni ucle are now eiiher finally settled by Dis rict or Supreme Courts, while arbitra'ion has been used io seMle cases even after being before these Couris, should the Government see their way to adopt some such princ'p^, we believe they would confer a great boon to the miners ; but should War Jens and Wardens Courts be considered to be indispensable, we would recommend he system proposed in the Gold Mining Bill, 15>72, in preference to that now in existence, wrfh a clause that in cases where the Warden, plaintiff, or defendant may desire the assistance of assessors, that the Warden may summons them verbally from among persons in attendance and in the vicinity of the Court. We would also recommend that the fees and costs given in Warden's Courts be greatly reduced. MINING OX PRIVATE PROPERTY. The Conference would recommend that either part of the Gold Mining Bill referring the above subject (sxcliulin^ the Inspectorship clauses), or a separate bill, be introduced to provide for facilitating mining on private ' property. GENERAL. We have now enumerated most of what we consider to be necessary in framing laws for the miners ; and the sum and substance may be embodied in a few words — give the miners a legal I'ight to mine and to prosecute their indus'ry, give them a simple and secure trie to all mining property, and deal with them as with other members of the community. AGRICULTURAL LEASING. The Otago Was'e Lands Act of 1872, which will soon come into operation, embraces the above subject, and we are of opinion that it ought not also to be embraced in any Gold Mining Bill ; but though we ad]nit that, such leasing of lands on goldfields has been a source of grea' prosperity to bhe goldfielda, it has, nevertheless been attended by a considerable amount of evil, by locking lip from the miners large tracts of auriferous lands. The Conference would desire to foster and facilitate set' lenient on the lands of the province ; but they are decidedly of opinion 'hat rigid enquiry ought to be now held on all lancta open for agricultural leasing, and mining reserves declared where considered necessary. It would be wise to give the mining interest the benefit of the doub* of any land that may be considered auriferous, though not ac ually proved so — that such lands should be exempted at least for a certain number of years. In opening new blocks of lands on goldfields, for which provision is made by the above Act, we would recommend that an enquiry, to be made public, should be held, and mining reserves, if desired, to be there and then set apart. PEAT RESERVES. The existence of peat in some ''districts of the goldfields, and the fact of it being profitably v sed as fuel f orjjjhe inhabitants, induces the Conference to recommend that sec ion 91 of the Otago Waste Lands "Act may be extended to give licenses of certain portions of crown lands for the raising of peat. coararoifAGES. The want of commonage for the miners and- mining community has been greatly felt in maay of the mining distric's of Otago. The Conference would desire to reoorct .their approval of the course of the present Provincial E<ecuive in endeavoring to meet the requirements of the people in one important district. We trust they will continue to endeavor to satisfy all demands for this purpose that may be based on fairness. SALE OF LAND ON GOLDFIELDS. The Conference would recommend (hat any sile of lands on goldfields should be duly advertised in 'he local papers. A case in pom*' in one particular district, which has corns under our notice, "which has caused great dissatisfaction, and gives a monopoly of rich auriferotu land, hinges en irely on such | sales being concluded without sufficient publication. GOLD EXPORT DUTY. The Conference would subinittheirapproval of- the course of hue legislation on this subject ; an-V now, "that the ies is broken, thay trust the Government will find tho ways and means without imposing this tax on the industry of the miners. The tax ia unfair in its principle and unjust in it 3 operations', and is moreover a class tax. Tha Confecence is of opinion that the Government should place at the disposal of 'he mining associations, free of charge, the survey staff, for the purpose of ascertaining the practicability of water schemes which the associations may deem feasible; and, further, the Conference is of opinion that the rales un«ler Vhich_ subsidies -can no 1^ be'

obtained are too stringent, and should be made more elastic, so as to include private parties ; also, that the subsidy, instead of being £1 to £1, should be £1 to £1 . MINISTER OF MINES. The subject has only slightly come under consideration, and is now left to bo dealt wi'h by the various miners' associations. That the goldfields of New Zealand are of sufficient importance to have a resposible head we .admit;- but the two governing powers already in existence might thereby be made to conflict to a greater extent, and greater expenses might be the^result. iUIKT FOR NEW ZEALAND. The Conference would endorse the recommendation of the Royal Mint Committee, made to the Government at last sitting of Assembly. FINAL. The Conference having concluded the business of their present meeting, trust that the suggestions put, forth will meet with the concurrence of the G overnment and of the people generally. Mr. Morrison moved the adoption of the report. Mr. Ferris seconded the motion, which was carried unanimously. The thanks of the meeting was recorded to Mr. Alexander for thetimo and trouble he had taken in drawing up the report. Mr. Morrison moved a vote of thanks to the Chairman for the able manner in which' he had presided over the deliberations. Mr. Ferris seconded the motion, which was carried by«acclamation. The Chairman : — In the report which you have just heard, you have erected in the minds of your fellow colonists a monument to patriotism'; and, though I say it, as one of your co-labourers, you deserve the thanks of the mining community of the colony. Such a meeting as \ou have liow brought to a successful issue, is without a parallel in the history of goldmining. The nriuers of the province sacrificjd on the altar of the common weal a portion of their hard-earned savings to ameliorate their condition, and sent you here for that purpose, thus imposing upon you a sacred duty ; and I now congratulate you, by saying you have done it nobly. Everyone of us attends here at a less or greater inconvenience to himself, and not a few have made even more substantial sacrifices. But you have the proud satisfaction of having accomplished a task, which by many was deemed impossible—you lr.'ive succeeded in uniting in one great brotherhood a class of the community, which was always held to be incapable of such consummation. 1 cannot help regarding this as the main work you have achieved, aud depend upon it, it will be recognised by the highest as well as the lowest in the laud. It is the great b.isis upon which all future success rests, aud which to keep intact must ever be our first aim. Your other labours will come home to most men as more direct. You have gone through and thoroughly revised the Goldfields Bill, a labor alone sufficient for the loss and time of the delegates. The suggestions you have made will clear up the misunderstanding hitherto existing among other classes of the community regarding the miners. Without throwing any blame or slur upon any body, I may justly say, that we, the miners, have been generally misrepresented, but the action you have taken will clear away this cause of mistrust. But it will be well to keep a cool head amongst all the .achievements you have attained. A lthough •yr<>-go e»lon«j owimrminfitljr nour, in tlio high tide of prosperity, and everything' looks fair and favourable about us, it will be wise to suppose for a moment that a re-action might set in. There are many deep-rooted prejudices that you will have to contend against. When we part here, do not consider that your labors are done — far from it. You have only begun ; and I beg seriously to recommend you to lay in a stock of fortitude for the dark days that are not unlikely to dawn upon our enterprise. Stand true to your cause and to yourselves, and remember that a few earnest, honest men— aye, one — is sufficient in the hour of danger to take the helm and steer clear of all the rocks and shoals that may threaten our project with destruction. Our cause is i^ood and true in all respects ; it must be entertained and sustained with the same spirit, aud, thus supported, will in the end result in success. Fellow miners, when we met here one short week ago, wo were strangers to one another, with very few exceptions. A common cause has brought us here, and a common cause has united us in the closest ties of friendship- We differed it is true, and have not always been unanimous ; but our discussions have resulted in proving that we were, one and all, fitted to the task allotted to us ; and they have inspired us with a deep regard and respect for each other. And though we separate in a f»sw days, we shall re main united— united by the noblest ties of the human breast, by the desire to help and raise ourselves in the estimation of our rulers ar.d as members of society. Such is the true element of title to humanity — I mean the principle that is contained in these words, " Love thy neighbor as thyself." In conclusion, I thank you cordially for the support and assistance you have rendered me in conducting the bnsiness of this meeting ; and I may here mention ihat Inever desponded of meeting a sufficient number of miners able and willing to take in hand such alabor as you tiavs now completed. Your suggestions are valuable, the spirit with which they have been sustained was manly, your conduct was highly creditable and may be held up as a model to graver and more pretentious assemblages, and refutes at the same time the general and preconceived idea of mining character. I have still a few words to say regarding the people amongst whom we have spent the last week. I must cordially confess that I was disappointed in not finding Lawrence so much a mining township as 1 had expected. The close proximity to Dunedin and the prosperity of the inhabitants has stamped out the " digger." I mean the easy, generous, open hearted fellow in moleskin trousers ; but, upon close acquaint mcc, I found that tho change consisted only in the garments, and that his heart is still as true and generous as ever ; and I have no doubt that you will agree with me in saying that our reception has been all it could bo desired, and no doubt every one will carry away with him many dear recollections of good "fellowship. Gentlemen, your labors are at an end, and the Conferenoe stands adjourned till December, 1873. ' TKe Conference then adjourned.