GOLDFIELD MINING LEASES

Westport Times, Volume VI, Issue 975, 31 May 1872, Page 4

GOLDFIELD MINING LEASES

The following arc the chief points of the dobate. in tho Provincial Council, on Mr Donne's motion for the appointment of a select committee to consider and report on the recent action of his Honor the Superintendent in reference to (ho fnangahua Leases: —After referring to the excitement caused at Beefton and attributing the adverse, action of the Superintendent to tho fact that tho goldfields were not properly represented on the Executive, he said the question at issue concerned both policy and law, and no policy could Le sound which was against the law as he believed this action of tho Government was. He illustrated tho difficulties already surmounted by tho indomitable persevonmcci and liberal investment of-capital by the miners, and declared that the law in a measure laid down a liberal policy in matters of this kind ; and he also showed that in special cases where, in circumstances of extraordinary physical difficulty, and a large amount of capital was required, power was given* to grant special claims of thirty-thveo acres on application. The policy of reducing areas of ground applied for, was unwise and injurious to the welfare of the Province and the advancement of the district more immediately concerned ; and, against the law and ultra vires of tho Goldfields Act of IS(J6. He quoted from that Act and from tho Goldfields Eegulatioua in support of his view, to the effect that while the Superintendent, as Governor's delegate, had power to refuse applications, yet he had no power to reduce areas applied for if tho applications were made according to law, and the other required conditions fulfilled. Ho dwelt strongly on the wording of the act, maintaining that the Superintendent was bound either to grant in ioto, Or refuso in loto. There had been a misapplication of the law, and a state of great confusion had resulted. He had an opinion, founded on the oxporieuce of Wardens' Courts, in matters of a similar intricate kind, that the whole thing was illegal, and he believed that if the question ever came before the Attorney-General, as he had no doubt it would do. his opinion would be the same. The confusion he spoke of had arisen because tho distinct terms of the act had not been complied with. According to the law and practice, when an application for a lease cf ground is regularly made in the "Warden's Court, that ground is protected against all comers until the application is either granted or refused ; and he read the clause of the act, which entitled any such applicant, in the event of his applied for gronnd being encroached upon by others, to apply to the Warden's Court, which, would be bound to give damages against the tpaspaesers" Neither one nor the other of the alternatives to which the Superintendent was restricted by the law, had been complied with. Granting in part was not a refusal, so that the applications had not been refused and had not been granted. The whole thing was still in abeyance, and the action of the Super intendent was, he contended, opposed to the letter and meaning of the law, and would be productive of great confusion, and ho believed of much and costly litigation, while the injury to the prospects of the Province and the reefing works was very great. v Thc Provincial Secretary referred to the reply already niado to a memorial fron luangahua against granting of leases ; as embodying the policy adhered to by the Government in dea-iag with the applications under notice. In support of tho policy adopta 1 by the Government, he read from a report on the Auckland Goldfieh's, which showed a great falling off in the revenue and population of the goldfields and general depression, which he averred arose from the wholesale taking up of supposed auriferous country, in- the hope of selling it for large sums of money, and the formation of companies based on value utterly the country being entirely unproved, or rather uuprospected. Had the Nelson Government granted all the applications merely because they were made according to law, a similar state of things would be brought about at the luangahua. He believed the Government had adopted the right course, and time would show that they had done so. He denied that any favor had been shown to any one, and stated the reason why some areas had ncfe been reduced was because of tho large amount of work done on them, and capital invested, ■such as the Prospector's claim, and the Victoria Company's claim. Mr Eeid pointed out that select committees had no power to enquire into questions involving the application of the law as regarded the administration of that law in any particular case. The parties concerned could, by Mr Donne's own showing,

appeal to the Warden's Court, aud from it to a higher court; and he - thought it was not for a committee of that Council to take up matters that belonged to law courts. However, the committee could meet and consider this point and others of a preliminary kind, and then hand in a formal report, Mr Luckie would not object to a committee, but thought both provisions bad been fulfilled; the full amount had been refused, aud ;i part had been, granted- ft snemed a too atrict, reading of the law to afclrm that the delegate 'XilV' refuse fcho whole, and

couhi uot rofuso a portion, especially when it was shown thut by granting a limited portion, the cost of fees for fresh applications was saved. He thought the question was one for a luv court, but would have no objection to granting a committee, Mr Donno ultimately requested and obtained leav.e to withdraw the motion.