FARMERS AND MINERS.

Otago Witness, Issue 2237, 14 January 1897, Page 18

FARMERS AND MINERS.

A case of considerable importance to this community (Bays tbe Mount Ida Chroniolo) j was latuiy brought before the Warden's Court. •' Wo refer to tbc case of Douglas v. Si Young. Mt Dod^l**, who is tbo lioldor of a freehold , section »li Lower Ky^bnru through which runn | a tni)-r»ce reserve, complains that; tbo flow of i tailings is not kept ojntined to tbe channel thtough the reserve, but; that tailings have spread over the surrounding laud and greatly damaged hi* propstty. In tbo action be claimed damages And an injunction to prevent uriner.*, ditobivruiug tbeir tailing into Home Guilr, the gaily from which the chaunel in question kacie, until precaution* have been , taken to keip tha chanm-l open and the tailings confined to tbe rrscrvo. If sucb an inj junction ware granted, and every miner who is discharging tn.iliug.i into the channel is held responsible for th* state of it all the way from hi» claim down tc the river, it; would practically mean that miirng in Homo dally must shop. There would »b great difficulty in giving ril'ccfc bo any arrange an-nb among the niinsr* working in a particular locality by which everyone »bould contribute equitably to the co« 0 of keeping a channel in order. Tho trouble ' has been staved off temporarily so fsr as the miners ate concerned, for th«ic coiindd was sueI ceseful in bin contention that the Warden's i Court wa» not the proper court, s?id the oase was dismmed. S'.ilf, this is only putting off the tvil day, and something should b<s <ion« to nmfce it clear who ii to benr tho renponaibility of keeping the channel in order. Of course it may bo argued that the farmers took up their land with a t»il race reserve running through it, and rhut they therefore took ir. with all attendant risks; bub »s po™>!>ly » n J' farmer who in nufFrtring damage might, in order to protect hirxwelf. have to ke<sp the chfcuuel clear, not only through his own land, but; throughout the entire length of the chauuol, it certainly does not seem to us right that the matter should be left in its present unsatisfactory state. There is a great deal of auriferoas ground iv Homo Gnlly, and if anything takes place to prevent this b.sinfj worked iS will bo a very great lots to the community. There are claims in th 9 gully npon which a coimiderable amount of money lias bseu spent; in constructing tiilraces and laying on pipe*. If anotbor action is brought in the Supreme Court, and it successful, theu either the proprietors of. these claims will have to bear the whole co»t of attending to the channel or work in the gully will be stopped altogether. The channel was, we believe, originally cut by th« Mount Ida Water Race Trust. The trnst supplied the greater part of. the water which was discharged down the channel, ami the channel was undei: its control. The Government race sciil supplies the most part of the water u.vtd in the Home Gully workings. Looking at the question from all sides it certainly teems to us that the only solution of the difficulties is that the Government should Assume control of the channel. A<* tho matter i* one of great ImportMvop to the mining community we commend it to the careful attention of the Miners' Association.