J. D. FERAUD AND THE DUNSTAN LAND BOARD.

Tuapeka Times, Volume VI, Issue 1294, 18 September 1873, Page 6

J. D. FERAUD AND THE DUNSTAN LAND BOARD.

(To the Editor.) Sir, — Perusing the "Dunstan Times" of yesterday's issue, I am taken by surprise in reading the report of the case heard by the Otago Waste Lands Board' of Inquiry of the 3rd inst., concerning the application ]of J. D. Feraud, on behalf of Mr. Richard H. Leary, trustee in the estate of J. D. Feraud, to construct a water race and dam from the Wai Keri Keri Creek to the Monte Christo farm.

* # # # # # # Mr. Editor, you will permit me to give your readers a true version of the case at issue. The Municipal Council of Clyde resolved, at their usual meeting of the Council, to oppose Mr. J. D. Feraud 's application. His Worship the Mayor and the Town Clerk having lodged their objection at the District Lancl Office in due time, J. D. Feraud wrote a letter, on 01 nl>out the 18th March last, objecting to Mr. James Hazlett sitting on the Board of Inquiry which was to decide his application on the following ground : That Mr. Hazlett, being a member of the Clyde Town Council, becomes a party interested in the aforesaid objection, and therefore cannot be considered as unprejudiced. True, the Board of Inquiry, guided by the opinion of the Provincial Solicitor, over-ruled the objection ; and Mr. Feraud made an appeal to, or lefb it to Mr. Hazlett's delicacy to act as he (Mr. Hazlett) chose ; but Mr. Hazlett kept reluctantly his seat on the Board. Ihe " Dunstan Times' " report says that Mr. Feraud conducted his case with no mean amount of ability, and handled the witnesses (about a dozen) with judgment. Sir, as far as I can remember, only four witnesses were examined by the defence in the case, who were as follows :—l.: — 1. Benjamin Naylor, Mayor of Clyde; 2. James Holt ; 3. John Lindsay ; 4. .Robert Watson. The evidence for the defence was to the effect that if leave to construct the said water race was granted to Mr. Richard H. Leary, Mr. Feraud would at once take advantage of his agrarian rights to the Wai Keri Keri valley, and demand that the whole of the water be retained in its natural channel, from James Holt's and Clyde Corporation's conditional right to divert 3 heads of water from the creek at the upppr part of the Wai Keri Keri valley, and then Mr. Feraud would take all the water below in his race and use it at the Monte Christo farm. The Clyde Board of Inquiry, in summing up, . concurred with arguments above, and accordingly rejected the application. Now, supposing Mr. Feraud, on behalf of Mr. R. H. Leary, will avail himself of his agrarian rights recognised by the Clyde Board of Inquiry, what will be the result? 'It is contended that if the whole of the water of the Wai Keri Keri Creek is restored to its original channel, and taken by Mr. Ferand to his farm at Monte Christo, the town of Clyde wou^d be deprived of water, supposing that there is no other water available for the said purpose of supplying Clyde. This argument is fallacious, as, about four months ago, the Municipal Corporation of Clyde purchased from Mr. Joseph Hastie ihe entire right of one sluice head of water from the Rapoo Creek, for the purpose of supplying the inhabitants of Clyde with water, as stated by his Worship the Mayor in his evidence, and to give effect to the above an ordinance was passed in the Provincial Council last session. It is also known by most of" your readers that the river, which flows alongside the boundary of the town of Clyde, carries a volume of water not only more than sufficient to supply the whole of. the inhabitants of Clyde, bata,lsQ more

than sufficient to provide for the wants of a population even larger than the population of Great Britain and Ireland. But on the other hand, as James Holt's water race is constructed through Mr. James Hazlett's paddock, if the water that flows into the said Holt's race is demanded to be restored to the original bed of the creek, the Shetland ponies and horse?, that are the pride of the owner, and kept by him in the aforesaid paddock, would have to starve, being deprived of water. The clover seed and grass, as well as the labor expended therein, would entail a great loss to Mr. Hazlett, being deprived of the water for irrigation purposes. A few years ago Clyde had a Warden who commenced to give lectures on forensic etiquette, diversified with quotations from Shakespeare ; and now that this rara avis has vanished from our midst, I trust our M.P.C., with the help of the " Dunstan Times" reporter, will complete the series ; and if sufficient publicity be given to, the matter, no doubt most gentlemen practising at the colonial bar will avail themselves of the opportunity of attending. I am not a reporter, or I would have headed this communication "Country news: from our own correspondent." — I am, &c, Veritas and Patb Pxay.