BARRYTOWN CASE

Greymouth Evening Star, 13 August 1935, Page 2

BARRYTOWN CASE

WARDEN RESERVES DECISION Lengthy legal argument, reinforced by numerous quotations from law volumes, was heard by Mr. H. Morgan, in the Warden’s Court, Greymouth. to-day, in the Barrytown case, evidence in which was heard last week. The applications before the Court were as follow: — James Leonard Bourke, John William Bourke, and Clarence Bourke, special alluvial claim, 26 acres, 1 rood 37 perches, Block 9. Waiwhera S.D.. -21 years.—Objection by Daniel Den'uehy. i James Leonard Bourke, John Wiiiliam Bourke. and Clarence Bourke. j water-race, 30 chains, Block 9, WaiIwhero S.D., 5 heads. 21 years.—Ob- ' jection by Golden Sands, Ltd.

Daniel Dennehy, ordinary prospecting license, 26 acres 2 roods 30 perches, Block 9. Waiwhero S.D.— 1 Objection bv James Leonard Bourke, John William Bourke and Clarence Bourke. , . Mr. T. F. Brosnan, who appeared for Dennehy and Golden Sands, Ltd., made an address occupying nearly two hours, in the course of which he outlined the objections to the granting of the Bourke’s applications, as follow: —(1) That they were not bona fide; (2) that the granting of the applications would not be in the public intest; (3) that the provisions of the Mining Act, with regard to survey, had not been complied with, the surveyor’s report not having been placed on record until July 28, the day aftei the objections were filed. Mr. Brosnan contended that the. Bourkes did not possess a genuine mining scheme, and that they only intended to make a half-hearted attempt at mining, with the object of preserving the property for farming purposes. Mr. F. A. Kitchingham, for the Bourke’s, opened his address by stating that so many “points” had been raised by Mr. Brosnan that he was reminded of a hedgehog. The Warden: The business end might be effective! . Mr. Brosnan: Hedgehogs are very difficult things to attack. “They are quite easy to handle, said Mr. Kitchingham, “but it is difficult. to know where to start.” Later, he remarked that Mr. Brosnan had found himself on the horns of many dilemmas. Mr. Kitchingham submitted that no facts had been produced to discredit the Bourkes’ scheme ,to mine tne

ground by the use of a gravel pump. If their applications were granted, they would have to work the ground, or face a suit for cancellation. There was no reported case in which an application had been refused on such flimsy grounds as adduced by Mr. Brosnan, in connection with bona fides. Dennehy was the last man who ought to come along and argue a case on the basis of public interest. It wtis seldom that such a Pharisee had come to court and said, as Dennehy did, that he was standing by the law, and was entitled to take the land, even although his action cost the Bouikes thousands of pounds, which would go into Dennehy’s pocket. The Warden remarked that, so far as public interest was concerned, he could not see where it was concerned, except on the question of bona fides. if th bona fides were right, then the matter boiled down to private interest as to who should get the land, and, perhaps, one or two legal questions. At the conclusion of Mr. Kitchingham’s address, which occupied an hour, Mr. Brosnan replied for twentyfive minutes. 1 The Warden stated that he would

take time to consider his decision. The Court adjourned at 1.30 p.rn.. af ter sitting for three and a-half hours