Tuapeka Times AND GOLDFIELDS REPORTER AND ADVERTISER. WEDNESDAY, APRIL 8, 1874. "MEASURES, NOT MEN."

Tuapeka Times, Volume VII, Issue 345, 8 April 1874, Page 2

Tuapeka Times AND GOLDFIELDS REPORTER AND ADVERTISER. WEDNESDAY, APRIL 8, 1874. "MEASURES, NOT MEN."

In dealing with' mining law, a topic which has of late assumed such considerable importance as the question of fonling streams and water courses, and depositing silt and tailings, cannot well be passed over with merely a slight reference. The danger that exists of the production of of gold being considerably checked by proceedings on the part of riparian pi-o-prietors to enforce their assumed rights, has been known for years, and was clearly pointed out by the Otago Mining Commission of 1871. In the report of that Commission it is recommended that provision l>e made "to give the miners a right to use to a reasonable extent unoccupied waste lands.. of the Crown I for the discharge of the debris arising from sluicing operations, and for exonerating them from liability from necessarily fouling streams and rivers in following that mode of mining. Your Cominis- 1 sioners do not pretend to say that such a liability does or does not arise under the existing law ; but assuming that it does, it is evident that the Colony or some large part of it might be suddenly paralysed by some individual setting the law in motion to stop one of its leading industries." As is noticed by a writer in Ike " Mount Ida Chronicle," successive Executives, both General and Provincial, have taken and left office since rhis report , was printed and circulated, and yet the , warning has lv.'on disregarded. This neglect lias arisen in part from the disunion of gold mining representatives, | but. chiefly from the opposition of representatives of the old settled districts;, who condemned the re-port in question from j the moment of its appearance. Yet the j question will require to be dealt with, j and withmit del ay, 'for 1 the very case sug-* j gested by that report lias arisen T at Ma<>Yo-'j wh.en.ua., and' no one can tell atj what lnpmenfc, it, m£y,aris,e elsewhere, . luV-igine. ~ all the works at ,the JBlue Spur .suddenly brought to a stop, by legal proceedings, and the prosperity of Lawrence, made dependant upon the sorrel-clad fifty-acre patches with which, niggardly old identity rulers have starved settlement on the goldfields. But fortunately the daiiger.

j is not so great as might at first sight be auticipated, for as far as navigable rivers are concerned, the Crown is still the riparian < 21Jw^ 0 ?'ili£} an 4 **# rcg 3^ 3 . * ne smaller . sts™Bß-u£asis disjjrict', f^;-iWft either as j yet^MaJienated of Jiavd been alienated I sinjSihe Ikghis oiftite $Ma\ miners were ' \ajJHfJHredJ?TO}d HbJSjjlf. isjllbferef ore some ■ shtiwr oPs^as° n in^OOTtetimn^isthat-xh.os©'' who subsequently acquired the riparfaiT lands took them subject to the burden thereby imposed. But as regards auriferous workings of more recent date, the 'difficulty exists in full-force, and even in .this district, threats have from time to time been held 'out as regards the sluicing operations at Manuka Creek, and a crisis only averted by the forbearance and good judgment of the parties concerned, who adopted the wise course of settling their disputes amicabty, instead of trying con- j elusions at law. The Mining Conference recently held at Clyde devoted its attention to this important question, as developed in the Maerewhenua case ; but the conclusion arrived at scarcely seems satisfactory. On the one hand, it is manifestly unfair that a single party of miners should bear the bmnt of legal | proceedings to determine a question which is in a certain sense one of public, rather than private rii{ht ; on tho other hand, legislative interference., which might by retrospective laws afiVct. existing rights, 1 would be,nnjustifiable in any question of less gravity than one aflccting the general safety of the State. But it is clearly a case where the good offices of the Government ought to be exercised, in endeavoring to obtain a fajr adjustment between the1 parties by compensating one or the other for the loss which must inevitably result ; and although the habit of relying upon . the intervention of the Government in every difficulty^ that arises is greatly to be deprecated, yet in the present case there seems no other way of meeting the difficulty. Should the Government, in 1 the hope of evading compensalion, decline to interfere, and leave the pjvrtios themselves, unaided, to tight tho matter out, -it is" by no means clear that the Infer will not have, or at all cvei ts make claims for compensation. While other colonies are offering large rewards for the discovery of new goldfields, this Province might well I spend a fow hundreds in saving one from extinction ; and the matter should be r dealt with before heavy legal expenses are incurred, and the feelings of both '. parties embittered by the strife. When . once the particular dispute is settled, no s time should be lost to prevent as far as possible," by legislation, the recurrence of | .similar ones. It is at pre3i % nt premature ; to suggest what course that legislation ■ j shnnld pursue, but many expedients s | might be drvised, and the experience of ! older mining countries called to our aid. | The question is not a new one, but has , often arisen in the old mining countries I of Enrope and in the state of California, Hand lias given rise to litigation which v i ultimately settled the question upon the j j principle or " nrbc come nrst served.'" s Tho difficulty might to a great extent be ? met }y setting apart the beds of water g courses and other suitable localities for 1 the discharge of foul water, tailings, and s refusj from the mines ; and it may heres after oe a matter of great regret that the p- . Dill introduced last session and passed f throigh Committee was not allowed to I ,becone law, ,for among other provisions haviig reference to the same subject, the H4tl section comprised an express^provisioi to this effect. It is well known that this Bill was strongly opposed by the : large lan del proprietors, and that the egotism of sojhe of the goldfields mem- ■ bers -endered-them' ready and unwitting ' tools i;o effect the piirpose bf throwing it out. Although .the Bill may not be 'perfect, it certainlyr'wonld have supplied many defects in the existing law, and placed the rights of . both miners and r others on a more intelligible and safe i baas than at present exists. But it is to j be feared that the question having once ; l>e«n raised, no such amendment of the • lav will now be possible, until the time [ arrives when the new element supersedes ; in the Legislature -the respectable but r narrow-minded and niggardly old identi- ■ ties who have heretofore swaj'ed the destinies of New Zealand. j Last week, while advocating an improvement in our prison discipline by classifying the prisoners, we referred to a rumor that the Government were about to remove those prisoners who had been sentenced at the last sitting of the Supreme Court lin Lawrence to Duuedin. Two of those prisoneis, who are under a first conviction, have been removed, as we deprecated, to associate with criminals of every grade, and some of these the very worst. It t will not be the fault of the Government if these men do not come out advanced criminals. Had there been no suitable accommodation at Lawrence, the step, as one of necessity, could have been defended ; but here we have a large gaol i*ecently erected, and a gaoler in attendance. We are at a loss to account for the removal, unless it be to have the benefit of more prison labor for the improvement of Dunedin. But why not , continue them for the improvement of - , Lawrence? Scarcely a d.iy passes nvor ' our heads but we have proof of tho , partiality of tho a.lininisl.ra'.ion. Tho I town and its environs absorb far more than the lion's share in every distribution from the* Government. It was only a j concession of what was dji» to our inland | position when a.g.;ipl and court-house were j ; conbefletl to us, and we claim as-our full ! j right the benefit' of the prisosi • labor, i j Surely our reprpspntrtfive; 1 Mr, Bastings,] has^ot forgo tten his p'jfd nurseling.' Can ,' "it De~xlrat he hasr been parfy to this movement j' - The Canterbury rail way jetuins aie rapidly increasing. The traffic for last month amounted I to £9650, againat £6249 for the corresponding month of last year ; and of the former amount passengers contributed £2571, and the balance was for goods and sundries.