MIDLAND RAILWAY ARBITRATION.

Press, Volume LII, Issue 9283, 7 December 1895, Page 8

MIDLAND RAILWAY ARBITRATION.

(By Telegraph.)

(FROM our special correspondent.) WELLINGTON, December 6. A statement has been filed by Mr Oeo. Harris, on behalf of bhe Company, of the approximate areas of land which the Company asserts should nob have been included in the mining reserves, the total acreage being 301,770 acres, of which the Company considers 103,505 were justifiably and 193,265 unjustifiably reserved in the Nelson district, and 45,120 acres, of which 21,931 were justifiable and 23,139 unjustifiable, in tbe \Vestlaad district. Air Gully announced that the crossexamination by the Crown would be very brief. The Hon. E. Blake said that, of course, the Crown would take all risks involved by such a course. He would draw his inferences from the intelligibility and capabilities of the witnesses. Mr Gully also drew attention to the fact that the Crown had not been supplied with particulars of the timber claims under clause 55. He might say the position he was placed in was exasperabing. He had no notion whatever as to the localities on which the Company claimed, or any particulars whatever. He was embarrassed, and so wa3 the Court, for want of these particulars. Mr Hutchison said the only particulars nob yet given were the timber claims and another small one. These were nearly ready, and would be supplied shortly. The Hon. E. Blake said he did nob question the diligence displayed, and suggested that as the particulars were prepared, they should be supplied as each portion was ready. Mr T. H. Fenton, mining expert, waa then examined by Mr Stringer, on the nature of bhe land hatched on the plans as being wroDgly reserved :—Mo3t of ie is hilly country and flats near river beds. The Arnold Flat is a very large one, with no mining on it. The Maruia has a large area of flats not required for mining purposes. There are some thousands of acres there. The AhauraFlat has sheep and cattle grazing there on open grassy land. Barrytown Flat, with 7000 acres, is also wrongly reserved. A fair block of land is on the Kangaroo river, near Mackley's, on the Big River, Grey, on Snowy Creek, the left hand brauch of the Inangahua, Larry's Creek, in blocks 2, 3 and 4. In Buller there is also flat land. This lascmentioned block would, on an average, be worth about 10s an acre. The major part of the whole of the land referred to would be good grass country. Ido nob know that the land was open for settlement before the Midland railway came on the scene. Seme of the land in its native state would be would be worth from 10s 'up to £4 • per acre. I would say that 1000 acres on the Arnold Flat would be worth the latter price. I did not know that it was open for selection for years at 20s per acre. I lived in the Grey Valley aboub ten years. Cross-examined by Mr Cooper—The Arnold Flat is worth £4 per acre, because of the valuable silver pine bush on it. There 13 a sawmill, Feary's, there. It was erected since the railway opened. Feary ha 3 another mill on a freehold block adjoining. Railway sleepers are being cut and shipped from Greymouth. Mortensen is also cutting timber there. Feary has cut oub between 100 and 200 acres. I estimate 280 sleepers per acre were being cut by Mortensen. The silver pine is very valuable. A deal of timber is being destroyed and many of the sleepers are condemned, and terrible waste ensues. There was about 5000fb of silver pine cub ab Feary's mill, and bhere is a third party cutting sleepers for export. There is also a valuable belt of rimu and white pine hearer the hills, also birch, all of which are valuable. The railway has given access to this timber. At this point Mr Hutchison handed in certain particulars regarding the timber asked for. Argument ensued, and the position was •that the Company claimed that Government had no right to issue sawmill licenses on lands not properly reserved. This point was left over for future argument. The witness continued—On other blocks in that neighbourhood the timber is not of much value. At Ngahere railway station Algie has had a sawmill for miny years. The bush there would run 6000 feet per acre, and he has cut about 600 acres, or 3_ million feet. The value of the land on that block, with the timber on ib, I estimate at 15s per acre for royalty alone. There is about 100 acres of valuable bush further in with 20,000 feet per acre on it and worth 50s per acre royalty. From there towards Notown the timber ia not so valuable. Hahn has a sawmill close to Ahaura, and gets his timber from Callaghan's Creek. Mr Gully said the evidence was irrelevant. The claim under clause 13 for timber removed and depreciating the value of the land was one thing, and wrongful reservation was another. Mr Cooper claimed to produce the evidence on the ground that all the timber on these blocks was locked up and sealed from the Company. The Government only had a right to reserve mining lands, or to grant sawmill licenses, and had gone beyond that. The Company did nob claim for so many million feet of timber, but damages for depreciation of bhe value of bhe land. The Hon. E. Blake—lf the wrong was done by reserving the land in the first place, why pile Pelion on O.sa by leading evidence of depreciation of the same land ? If possible I would like hear sufficient evidence on imporbant and even minor points, so long as too much time is not occupied. The Government has issued licenses on lands to which they may not have had a right, and thus diminished the chance of profits. The degree of value depends upon a number of contingencies, but the total amount claimed on timber is only £30,000. The full measure of damage is the value of the land when timbered. I think that the Government returns of the quantity of timber cut would be sufficient. I will nob rule in any way or embarrass Mr Coopsr, but the evidence should be confined as far as possible to general damage. Fenbon's examination continued—On the Orwell Creek there is a belb of pine and birch bush. There is a sawmill on the next block. Strabford and Blair have cut out 600 acres of timber at Mossy creek. Near Reefbon the timber is very good on the reserved land. On any other portions of the Nelson district the timber is of very little value. In the Westland district the Westland Sawmill Company have a very good bush, with aboub 15,000 ft per acre on it. At Kumara there is a good block of timber land. Morris has a mill on it, and there are several others who have licenses. Mr Gully here said he did nob propose to cross-examine any more of the witnesses who had been reserved for that purpose. , J. Macgregor, a miner from the Grey : Valley, of twenty-five years' experience, pointed out on the map certain areas in the Notown district which were wrongly reserved for mining. He said—l have done a lob of prospecting; there has never been any gold discovered on the western side of the range. There was a population of 2000 miners in the district at one time, and if there was any other than the worked fields they would have been found. Any which would pay £1 per week would have been worked. There are now about eighty miners in the district. All the available water is taken up. Cress-examined by Mr Gully—My earnings are not £1 per week. My opinions are based on my experience. There are men working at Sunday Creek. Gold was got there twenty-five years ago. Fresh gold has been found there within the past two years. i I should say that a man could prospect an area of 600 yards by 400 in three months if the ground was shallow. No one can say where gold may be found. I know of no one I working on.the N.W. corner of block 80. I make no allowance for future discoveries. ■ I don't think there is much human proba- ! bility of such. I don't know of anyone ' working near Delaney 'a. I don't think one could make smiling homesteads there. Mr Jones here remarked that he had heard that the Government had put men on to work on this block recently. The Hon. E. Blake hoped that no suggestion was seriously intended, and that such things would not be repeated unless seriously intended. The wivjesa was then re-examined by Mr Jones as ;o the methods of prospecting. There is no ground in the reserved area which would pay £1 per week.

E. T. Gabb, a miner—l have been through certain portions of the Mar-den district in Westland to find how many miners were working. I produce a return of all who were iv that district. Cross-examined by Mr Stringer—Have been a miner for thirty-two years. I worked on the tram line for fourteen years. I was employed by the Company in-October to search out the water races and privileges. I was engaged forty-three days at £1 per day. I was prospecting old ground previous to this. There is nob much probability of any new find. John Cox, a miner of twenty-five years experience, who accompanied the last witness, corroborated his evidence and the return of the races. Cross-examined by Mr Gully—l was paid £1 a day, aud got thab and expenses while in Wellington. John Thompson, farmer, of Maruia — I have been in "that district thirteen years, and know all the mines and settlers from one end to the other of the river. Tnere is no gold further back than three cnaius back from the river bed. At Maori Jack's there is gold gob that far back. There has been a deal of prospecting done there. There are sixteen meu working on the river. That is the largest number ever on the river. They do hod make a living. I supplied them with stores, aad they could nob pay for bheir tucker. They can only work when the river is low. There is no reason why any of tbe land reserved on the fifty-seven miles along the Maruia River should be held for mining. I objected to the reserve to the Inangahua County Couucil. The land from the confluence of the Maruia and Bailer is good up to Caslam's, where ib is very good, and keeps so up to the Shenandoah. From there for seven miles the land is of fair quality. There are good flats before reaching the Warwick on Doth sides of the river. Above the Warwick the terraces rise, and the land is not so good as the flats. Thence seven miles to Walker's tbe laud I would call fourth-class land. Above Walker's for two miles the land is good, then four miles of poor land, then really good land for three miles. Above that the land ia fair. Ib is all open country. Further back on each side there is timber country. Sullivan cleared forty acre 3 about three miles above the junction. I know a big flab above the Company's lands with valuable timber on it—totara, red pine and birch. The bush land on the Maruia makes good pasture when cleared, and grows firstclass crops. I grow all sorts of crops myself. I know where Ziman and Caples have taken up prospecting areas near Station Creek. The notices stuck up stabe that the areas are taken up for gold, silver, or tin. There are three blocks of 640 acres each. Cross-examined by Mr Stringer—l know of the lost tribe of the Matakitaki. They do not belong to the Maruia. The river does not run through gorges except for short distances. The flats are a mile and a half wide in some places, in others less. There are undulating hills behind the flats. There were aboub 300 acres baken up before the Midland Railway started. I have had applications in for land for ten years. The Mar-ia Valley is the best land in the Inangahua county. I pack my butter to Reefton, forty-five mile 3. The Government price of land there was £1 per acre before the Midland Railway started. I do some prospecting every year, but I never got anything. It was amusement, if nothing else. There was a rush to Station creek, which turned out a duffer. I don't think Ziman and Caples will have any difficulty in getting rid of their tailings, because they are never likely to have any. Ziman has to put on sixteen men per square mile for prospecting. The country he. has taken up is conglomerate, and if he started to crush the tailings could do no damage. There is no body of wash dirt or quartz reefs in the district. People are more anxious to settle on the land now than they used to be. The miners are anxious to get on the land. Bad roads were the chief cause of keeping the country back. If there had been a good road the whole valley would have been settled. J. D. Norris, a miner on and off for twenty years—-I know,, the Maruia river' froth the Shenandoah tjo, ; the Alfred. The witness corroborated previous witnesses as to the quality of the agricultural lands. He had prospected for gold above the Shenandoah, bub found none. Cross-examined by Mr Gully— I am working now at Owen. The head of the Maruia is mountainous, but there is a large extent of flat. Mr Cooper here said he believed he could I shorten the evidence regarding timber, but I should like to consult Mr Hutchison before | deciding. He suggesbed an adjournmenb until the morning. He would have to call Messrs Salt and Burchall. The Hon. E. Blake said he hoped the adjournment would enable Mr Cooper to gather up the broken threads. So long as work was provided for him, which was relevant, he would be happy to go on. The Court adjourned at 3.50. It is expected that the Crown will call its mining witnesses about Wednesday nexc.