WARDEN’S COURT

Grey River Argus, 14 August 1935, Page 2

WARDEN’S COURT

BARRYTOWN APPLICATIONS. . The Warden, Mr. 11. Morgan S.M. reserved his decision in the Warden’s Court at Greymoutli yesterday after hearing lengthy legal argument' in th© applications concerning mining rights at Barrytown. The applications were— James* Leonard Bourke John Wil liani BourkO; and Clarence Bourke special alluvial claim, 26 acres, J rood 37 perches, Block 9, Wai who ro S.D. 21 years.—Objection by Daniel Dennehy. James Leonard Bourke. John William Bourke, and Clarence Bourke, water-race. 30 chains,. Block 9, Wainhero S.D. 5' heads. 21 years.—Objection by Golden Sands, Ltd. Daniel Dennehy, ordinary prospecting license, 26 acres? 2 roods 30 Block 9 Waiwhero S.D. — Objection by James Leonard Bourke John William Bourke and Clarence Bourke,

Mr. T. F. Brosnan, who appeared for Dennehy and Golden 'Sands, Ltd., outlined the objections l'o the granting of the Bourke’s applications, as follows’:—(1.) That 'they were not bona fide; (2) that the granting of the applications would not be in the public interest; (3) that the provisions of the Mining Act with regard to survey, had no: been complied with, the surveyor’s report not having been placed on record until July 28, the day af'tcr the objections were filed. Mr. Brosnan contended that the Bourkes did not posess a genuine mining scheme, and that they only intended *o make a half-hearted attempt' at mining, with the object of preserving property for farming purposes. Mr. Txitchinghani submitted that no facts had been produced to discredit t'he Bourkes’ scheme to mine the •ground by the use of a gravel pump. If their applications were gran'ted. they would have to work the ground, or face a suit for cancellation There was no reported ca.se in which an ap plication had been refused on such flimsy grounds as adduced by Mr. Brosnan, in connection with bona tides. Dennehy was the last’ man who ought' to come along and argue a ease on 'the basis of public interest. It was 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 fake Die land even although his action cost the Bourkes thousands of pounds, which would go into D’ennehy’s pocket.

The Warden remarked that, so far as public interest waft concerned, ho could not see where is was concerned, except on the question of bona fidet.

If the bona tides wen right, then the matter boiled down to private interests as to who yhould get “he land, and perhaps one or two legal questions. The Warden stated that he would take time to consider his decision. The C’oui'i' adjourned at 1.30 p.m. after sitting for three and a-half hours.