REPORT OF THE OTAGO MINING CONFERENCE, 1874.

Tuapeka Times, Volume VII, Issue 349, 22 April 1874, Page 3

REPORT OF THE OTAGO MINING CONFERENCE, 1874.

- We hare been favored with a proof copy of the above report for publication. To tlvt, Honorable the Premier and live. Honorable Members of the Colonial Executive. The second Conference of Delegates elected by the gold miners of the Province met at Clyde in the month of March, 1874, for the purpose of obtaining the collective experience of practical miners from different gold-mining localities, for the better 'guidance of those engaged in framing a new Goldfields Bill. Questions of a very serious nature, not apparently hitherto provided for by previous legislation, having arisen during the last year, owing to the progress of settlement on the Otago Goldfields, it if especially necessary that the' careful consideration of your Government should be given to these insufficiencies that, in your wisdom, such measures may become law which — while effectually protecting and rendering -clear the position of the gold miner — may, at the same time, bo beneficial rather than injurious to the landowners and those engaged in the cultivation of the aoil. The Conference, intending this report to be read together with that of 1872, have not thought it necessary to enter anew upon subject* already fully dealt with. That report was submitted, and, after careful consideration, m approved. The Executive of the Otago Central Mining Association have the honor to forward, for your information, the following report of the opinions expressed by resolutions, after mature consideration and. careful debate, at the Clyde Conference now closed : — Occupation of Crown Lands. The right to occupy Crown lands for goldmining purposes was necessarily considered the foundation of all Goldfields legislation. The Conference, while engaged in the consideration of the law as at present in force, had still to regret that, in spite of the recommendations of the Conference of 1872 and the Otago Commission of 1871, the defects complained of are still without remedy. The miner's right, considered as a source of revenue and element of title, is often the cause of great hardship to owners of mining property. Considering the high export duty charged on gold, and that where no duty is charged — as in Victoria — the price of such right is only 55., it appears unreasonable that so' high a charge as £1 should be exacted. It is not, however, only the mere pecuniary burden of being compelled to take out and punctually renew a miner's right which weighs upon the miner, but the fact that neglect to do so involves the loss to him of property and rights. This is a view of the question which nas already forced itself upon the consideration of Parliament, and by section sof the " Goldfields Act Amendment Act, 1869," an attempt was made to provide a remedy. The Conference recommends that the matter should be the subject of careful consideration, and that provision should be made for protecting the revenue (should it be considered necessary henceforth to raise the revenue in this way) by the imposition •f .moderate penalties not involving such great forfeitures. They are also of opinion that miner's rights should be available for the' occupation of Crown lands throughout the Colony, without regard to the Province in which tLey may have been originally issued ; that miner's frights should be issued for terms of years, and consolidated miner's rights for the use of public and private companies. It appears most unreasonable that valuable mining property should be forfeited, owing to some defect in the proof of title through, miner's rights and their renewals — a defect which an investor might not easily, a&the time of purchase, have been aware of. The hardship of one individual having to submit to the maintenance of as many miner's rights as he may happen to have claims or shares in claims, is also complained The necessity of Amending the present law by introduceing provisions in a new GoldMining Act, making it legal to discharge debris upon, and otherwise to occupy waste Crownjands in the pursuit of bonafide mining, is," in consequence of the fast-increasing settlement year by year, rendered imperative Mote especially should provision be made for ike legal discharge of such mining debris into And -through water-courses and streams. Xbeie rights have been hitherto assumed.

The Conference, .after careful consideration of the danger of monopoly arising through the granting of mining leases, consider such grants — as an encouragement to greater development of mmmg — should be encouraged by their being obtainable directly through the Wardens' Courts ; their area being considerably increased ; and also the reduction in their annual rental to £1 per acre. More especially is power to grant extention of area — on bonafide unopposed applications—desirable, in the opinion of the Conference, with regard to mining leases on quartz reefs. The deposit of money by objectors, who may be interested in the areas applied for as leases, appeas an invidious and unnessary exaction. It is thought reasonable and politic that the. cancellation of special claims granted under clause XII. of the Act of 1866, unoccupied and without protection for the space of four months, should on application^ be effected at the discretion of the Warden of of the district in which such claims are situate, With regard to occupation of Crown lands for quartz-reefing purposes, the Conference wish again to enforce the recommendation already laid before you — a recommendation which is based upon the law as existing in other gold-mining countries :—: — That, although the area of any quartzmining lease may be marked or otherwise defined, yet that the right should be given to follow veins, with all their dips, variations, and angles, to any depth, although they may enter the land adjoining. The Conference would also recommend the reservation of at least one chain in width being made, in all cases, on each side of the banks of rivers and streams running through land to be submitted for sale. Wateb Rights. Priority of right has been an established rule on Goldfields, and cannot be said to act unfairly. The present water rights entirely depend on prior occupation to define rights, and such a rule we should not wish to supersede. The main points under this head which the Conference would desire to see remedied are — That a permanent license should be granted, on payment of a nominal sum per year for each sluice-head ; and they would recommend that Part VI. of "The Gold Mining Bill, 1972," with schedule attached, be adopted in preference to existing laws (eliminating all reference to inspection and deposit on application), and also making the yearly rental a sum — say, 2s 6d. The great bugbear as to water rights and races has been, as already stated, that of allowing two heads to flow in the natural channel of creeks, if required, The Conference would recommend that priority of right should predominate in this case, as in all others in gold-mining — which means that, if the water is required to Q.ow down the natural channel by any party whomsoever, when any application to divert the said water is put forward, that such an objection should be held valid ; but, if the right be once granted, that it should not be again cancelled, except the water is required for settlement- or public use, and then only on payment of compensation. The right to use and construct dams and reservoirs might be granted on the same principle as water rights, while a rental, if any be charged, should be merely nominal — the privileges I allowed by the Act of 1866, of carrying races through private lands, being still retained. The Conference recommends that fifteen feet on each side of a race be allowed for repairs and other purposes. The Conference is of opinion that forfeiture of rights held under water licenses should not be resorted to except in cases of aggravated non-compliance with the law, Taking into consideration the difficulty that frequently arises in proving every step in the sustainment, by renewal or demise, of a water license of several years' standing — a difficulty which, if irreparable, leads, under the present law, to a forfeiture or heavy fine — the Conference would recommend that a provision should be made whereby proof of title might rest solely upon the latest transfer or renewal of such license, provided that the Warden was satisfied there waa no suspicion of fraud. With the object of encouraging all industries, the Conference see no reason why the owners of water races granted specially for gold-mining purposes, should not be allowed to dispose of water so conveyed or diverted for irrigation, for driving machinery, or for employment in general purposes, and recommend that such powers be granted them. Mining Board. The Conference earnestly hope that the miners will be granted power to frame their own Regulations and Bye-Laws, by means of the creation of a Mining Board for the Province of Otago, as provided for in the Act of 1866, clause 56. A petition to that effect will be forwarded to' your Government. Administration of Justice. It is suggested that a Roll of Assessors, composed of persons, holders of miner's rights should be kept in the Wardens' Court ; and from such Rolls Assessors should be chosen by ballot to hear and decide mining disputes. The Conference of 1872 clearly perceived the advantage of such a system, but overlooked the difficulty of obtaining suitable assessors in the vicinity of the Court at the time of trial, as such attendants would, in nearly all cases, be interested parties or friends of either aide. 1 his recommendation, then, is not a contradiction, but an an amendment upon that of the previous Conference. In all cases reasonable expenses should be allowed such assessors, at the expense of the litigants.

AGRICULTCTRAL LEASES,

The Conference also wish to draw attention to the insufficiency of information afforded by the applicants, which is, in too many cases, an obstacle in the way of reasonable objections being- lodged . They would recomthat all applications be heard by the District Land Boards and that survey shonld in all cases precede hearing ; that definite boundaries and precise localities shonld be clearly stated in the necessary advertisements ! and that, where a suspicion arises during a first three years' lease that the ground is payably auriferous, a renewal of lease shonld be only conceded, and the Crown grant be withheld. The Conference wish to endorse the following recommendations of the Conference of 1872, at being especially wise and likely to prove beneficial : —

" For the better protection of the auriferuos lands of the Crown, instead of the right of entry being bound up in the Superintendent and Executive, as the present law enacts, if such lands are required for mining, a clause that would act fairly might be introduced, conferring on the miner a right to enter at any time on such lands by paying a deposit of a fixed . sum fer each acre he includes in his claim. This deposit could be made large enough to cover any surface damages incurred ; and, if successful in getting payable gold, the miner should be entitled to hold the land by paying compensation for improvements only, and nothing in respect to the hind — the said compensation to be settled by arbitration. In the event of the, miner not finding payable gold, on restoring the soil to its former state, and if no damage to the crops has occurred, he should be entitled to receive back his deposit. The evil of locking up auriferous hind is just beginning to be felt, and encouragement ought not to be given to people to take up lands in the immediate vicinity of gold workings."

Rbventte and Expenses.

Under this heading the Conference, while fully endorsing the protests of former Conferences as to the injustice of subjecting the gold miners to special taxation, and the equity, on the other hand, of liberal concessions and disbursements to mining industry out of Goldfields revenue, wish on this occasion,

simply to deal with the excessive charges levied on compulsory surveys. Surveys of claims, it is thought, might be reasonably borne by the Government, or, at any rate, that the necessary mileage chareeß should be abolished, and especially the "abuse of a surveyor being able to charge mileage fees on each of several surveys made at one locality at the same time. They would also recommend the reduction of the business license to £1 per year, as it seems unfair to charge what is regarded as the fee simple in towns when no objection is made to a sale as annual rental in others, where, for practical reasonß, a sale is indefinitely postponed. Business men engaged in handicrafts, or in the supply of dairy produce, should, it is thought, be exempted from the business license altogether. " Cancellation op Abandoned Rights. For the better facility of utilising abandoned mining property the Conference recommend that certificates for any privilege, not including water races, be liable to cancellation if not endorsed by the Warden within one year and sixty days from any previous similar endorsement j and that all such certificates should be brought to the Warden once in twelve months for such endorsement. Commonage. The Conference desire to urge the necessity of preserving to the miners in settled localities a reasonable right of depasturing horses and dairy cattle. Commonages of liberal extent, sufficient to meet such requirements, should, in the opinion of the Conference, be granted, and the pastoral lessee be compensated when land is withdrawn specially for such purposes. Peat Reserves. It is again recommended that the provisions of section 91 of the Otago Waste Lands Act, 1872, be extended to apply to the issuing of licenses for the raising of peat for fuel. Assay Office. The Conference wish to draw the attention of the Government to the combination of the banks — a combination which tends to lower unconditionally the price of raw gold ; and, as a preventative against such arbitrary proceeding in future, would recommend the establishment of a central Assay Office in the capital towns of the goldmining Provinces — the want of such an office being especially folt in the Province of Otago. Legal Manager por Government Water Eaces. Looking forward to the probabl* collision of interest between the Government as constructor and manager of mining races and sludge channels and" the holders of private mining property, the Conference is desirous of drawing attention to the necessity — which, indeed, to some extent already exists —of some person being appointed who could defend the Government in the enjoyment of its rights undisturbed, and also be responsible against injuries unintentionally done to holders of private property. Prevention op Accibents. It being very muck to be regretted that accidents in mining so often arise on the Otago Goldfield — which it is thought in many cases are preventive, if ordinary caution were observed — it is recommended that the Warden be given power, on the application of any four persons, to order a survey or inspection of any claim. That the expense of such inspection be borne by either the elaimholdcr or the applicants, at the Warden's discretion. That any alterations or safeguards reported as necessary for the safety of life be liable to be enforced under penalties. Sapety of Public Documents. The Conference desire to point out, under the present stringent law with regard to the proof necessary to be tendered in disputed mining cases of all the links in renewals from time to time made in mining property, that great care should be taken of all such property in the hands of the Court ; the danger of loss through inability to prove title is immensely increased by the risk of fire duplicate copies transfers and blocks are submitted to in the District Courthouses. This danger might be obviated greatly by the general use in such Courthouses of fire-proof safes. The Conference, in conclusion, would draw attention to the great expense borne by the miners in obtaining the information placed at your Government's disposal in 1872 and 1 874, and respectfully request your Government's assistance, by grant or subsidy, to the Central Association, whose continued exertions cannot fail — by moderating and leading public opinion on the Goldfields — to be highly beneficial to the future legislation of New Zealand. — We are, &c, James Healey, Arrow. Thomas Sims, Clyde and Alexandra. John Ewing, St. Bathans. W. L. Forster, Moke Creek and Moonlight. John Edgar, Upper Shotover. C. F. Eoberts, Mount Ida. — . Wragge, Switzers. James Barclay, Maerewhenua. W. Buchan, Bannockburn & Carrick Eange. C. Colclough, CromwelL

The New Aspirant. — The London correspondent of the " Irish Times " says :—": — " A long expected visitor made his appearance on Monday at Osborne, and had the honor of lunching with the Queen. He is a young German prince the cousin of Prince liouis of Hessie. good looking, genial, and gentlemanly. Like our own Prince Alfred, now so comfortably housed at the winter palace in St. Petersburgh, the Queen's guest is attached to the naval service of his nationality ; and if report be relied upon, Prince Louis's cousin is an aspirant for the hand of the Princes Beatrice, and what is more, is likely to be successful." — " Home News."

Agassiz estimates that a man's finger nails will grow to be 3,000 inches long if he leaves them uncut for 1000 years. Lots of men have started out to see if Agassiz is right. An Essex street man killed a hen that belonged to a neighbor. The neighbor made no demonstration. Bnt he went round among the juveniles, and told them that the one among them who could say " shoes and sock shock Susan " four times running, without mistake, would receive two dollars from the hen killer. So they went up to his house, in the guilelessness of childhood, and filled the hall and stoop, and crowded the yard, and made up their minds they would earn that two dollars or die. And they sailed in and the man tried to put them off, but couldn't ; and then he went upstairs, but they followed him. The air resounded with "Shuwack, snoozen socker," with hideous variations in the shrillest of voices keyed to the highest pitch. In vain the victim appealed for mercy with ink bettles, and hot water, and mustard boxes. His arguments were unheeded and his cries unheard, and he finally scaled a-fence and fled, pursued by what he was firmly convinced was a score of demons. The hen was avenged. — "Danbury News."

Hollowat's Pills and Ointment— The most effectual Cure for Gout and Rheuma-tism.—-A frequent cause of these complaints is the inflammatory state of the blood, which usually attends bad digestion, producing lassitude, and great debility, therpby indicating the want of a proper circulation of that fluid, and the impurity of the blood thus induced greatly aggravates these disord jra. Ilollowsiy's Klls are of so purifyins a nature, thnt a dose taken ii time are nn effectual preventive against gout a -d rheumatism, but whoever may hare an artuck of cither should use Holloway's Ointment als«,, the searching properties of which , combined with the effects «f the Pills, ensues a certain cure. The Ointment should, at least twice a day be thoroughly rubbed into the parts effected after they have been sufficiently fomented with warm water to open the pores thereby facilitating the .introduction of the Ointment tv the glands.