WASTE LANDS BOARD.

Otago Daily Times, Issue 3915, 3 September 1874, Page 2

WASTE LANDS BOARD.

The regular weekly meeting, of' the--Waste Hands Board was held yesterday. 'Presents':: The: Chief' Commissioner (in the chair), Messrs Butterworth, Clark, D. Reid, and Strode. ■'■■-■.-■..■: , , THE MINUTES.. ' The minutes of the previous meeting having been read, Mr Harris said that, hefore the J&ad confirmed them, he begged respectfully to. point out almost int- \ }f o'n^M ero°!i -,?«. aPP^ed on behalf/of : Messrs M Donald and Matheson, whose application was refused by the Commissioner after it nad been .confirm*! by the Board He called their attention to thecircumstauce that the Commissioner's attention was directed! to the land being in tho Tuapefca Basin''and he (the iM?v I.?Tf ) -had h aken «PO" Wniself. the refpcSK mLYhsnf ♦fT le aPPl:iCatiMl ™»til the ensuing meeting of the Board. MrHarristook the opportunity ,*"£»'»' »»•> thatmcUoii 18 of the Waste iAnds Act, 13/2, ran as follows:—" The decision of the Board ore all matters to be by it heard and determined sb.aU.Bub.jeet to nght of appeal to the Supreme Court?^ rovided m the Waste. Lands Board Appeal AC, ■Jw' J? 5 , and conclusive: Provide!: alway* that the Board may, on the application ;6£. any ' t S'.niV S^w^ 0"? 1* Df "* case decided.by it Uf . t shall thmk that justice requires it, and on such,reheavmgmay revise, alter, modify, or confirm Wprevious decision in the same case." -He contenSuSt 1&£? I, lothm'. saidatthe Previ°™ meeting ortte , Board to show tliat an application for a rehearing had ■ J 1 l!^ bl ally I)erson whatever. It was merely .Kiid by the Commissioner that one of the officersof hPhfrr?f^°l^ had, cali ed h^ attention to the section , being m the Tuapeka Basin, and he then refusedthe application. The objector should have been informed oi the application for a re-hearing. He couldjoontdently appeal to" those gentlemdn who were pr&eVit afc i the previous meeting to corroborate what he had said. It was stated on the minutes 'that Mr Nicholson'had objected, but he had not beeu present ; ihe CojiMissiosKii: Mr Mchtlsbri'had objected ; purely upon public grounds: . I mentioned Mi S ; son's name, and he could have been called in it nece&--illte^e^^^oo^^^^^ The following minute was theii read •— ' '' ' • J Application refused. Mr Strode and Mr Butter- ; worthi objectmg; Mr dark and Mr Thomson s§!port■iw earned.by the casting vote of the Chairman.-Mr Nicholson having asked him for a re-hearing, the'site being valuable to. mining interests." > M.^. Harris: I believe if that is referred to the Boar* irr^^ ameild^ lcall tWs minute mcorrectan* 4^^^^^SeS^ Mr Harris: I submit that it is not comp'etentfbrthe Commissioner to be agent for any persoa for arenenring". * * ■ ■■•■■■- -■■ - . -•-.-■ . .;.-.•, ~ The Commjssioxer ; I mentioned the matter to the Board, and Mr Nicholson could, have been called. Mr Harris: I,am sure that everyone present witt bear me out that there wjK no application whatever for a rc-hfarmg. Tfe poiii nbw^piiied, I submitte this: If that nunute is placed on the book, and coonnned, it will put ,a false, impression on wliat took place. : -Iflooks very-much' as it the Bdaitl, or seme otticer, took steps to have the question brought withhx the provisions of the' 18th section!. Mr Nicholson had not asked the Board for a re-heariog. The case should be .submitted, to. the. Supreme. Court. Mr ■ ConuelL would you be kind enough to state'what took placed ii^nS'biK^l^"^^^^^ 8 Air Strode : It is clear that an act of the Board covEt not be vetoed by the-Chief Commissioner, but the Board could veto any action of the Chief Commissioner.. - v^Mr Hams: I may state that my experience has been The CojuussioNEa (to the Board): Do you wish ta hear Mr Comiell ? Do you, Mr Keid, wish: to'hear him? Mr Reid : I should like to know what actual point ia under discussion. "■-•: *^ Mri-TitODE: The form of the minute is under consideration. < ■■:!! •■-■■■;■ ■■■■-. ■-: :,-.--<.i.v. 'Mr-Harris: I call the attention of the Board to tbe fact that Mr Nicholson directed their attention to the section being in the Tuapeka Basin. Mr Keid: I read the report hi the Daily Times. Mr Hawis: The report was-stated-neaily-iu the words of the minute. '.;• i he Commissioner did not mention one word about, the re-hearing of the case. The CoMMissioxEtt: .Yes; Mr Nicholson took the action on public grounds.. He wished me to state his objection. -•,-...._.,- ---, MrHarrisi'raenybudidnptdosa'A; i; 'f Mr Reid : From whatfl cangathe'r from the discussion, Air Nicholson mformed'the Commissioner that this Tuapeka Basin was a very valuable section Mr Harris: As the Board is only desirous of doinjc what is just, I think, between me and the public, that Mr Comiell should be heard. .;■-.■ • • . • . The Commissioner, having expressed his willingness m accordance with a suggestion made by Mr Reid Mr Harris: Mr Reid was not present at the meeting-.. I should thmk thatthose gentlemen who were presenfc are most competent to give an opinion. - - Mr Reid: The minutes-should show exactly what hasoccurred. ~-,: ~ ... . ....... , J .Tins Commissioner. : I < made application for Mir .a^S^^troS^t Ula, yoU ."US?*Mr SmoDE: This is my view of what occurred at the tune. The minute should read this way :—" Applicartion refused. Mr, Clark and Mr Thomson supportinc- - Mr_Butterworth and myself objecting-^it having beea intimated by Mr Nicholson, of the Survey Office, ta the Board that the Tuapeka Basin was specially reserved."... , .::,;-■.;;.;' .',; v % < ./; ~Mr .Harris:' That is" not correct. The Commissioner s memory seems to have beeu defective. The Chairman did not obje t to aud combat the argument tliat there had been an application for a re-hearinjr but I contend that there has-been no such application? Not at the time nor.onanjrprenpus occasion was there said tliat there ,h^v:l)iße^|an3ai)plication for a reMr Strode : TheqnKtioniafwiiat did actually occur? I thmk, some unprejudiced person should be called upon tq.givean opinion?, ■-? - ■,-. .--,,-.;,.,- <r - Mr Rkid: I think "the question "resolvei" itself frit* this—the use of the word ;' re-hearing." It is drawiu"the point rather too fine if that word is needed to oro^ tect the public interests.-; - ,-.-, - , ~ ;Mr Strode: Yes, Mr-Reid; but;we si<; herea^ a. judicial body, and must be guided by the Act. -As iir the case of Courts of Justice) certain'rules are laid, down for our guidance. ; Mr Reid : It is a matter- of indifference whether the word " re-hearing " was actually used or not. Mr Haxris: What I object to'is an untruthful stateuieut appearing on the minutes. If the members o£ the Board wish to shelter themselves from an i legaE act,|the minutes would to a certain extent shelter them. Ihe COMMissioxKitVWehad better decide theouestiouby puttiug it to the vote."''" ' —>"-^ voting resulted as on the previous ow^ibnfandthe Commissioner gave his casting vote hi favour oE the minutes..being confirmed.. Mr Reid-refused t* vote, in consequence" of riot having been "present at the previous meeting. . ~ ~.. . . , ... Mr Harris: On the part of my client, I solemnly protest against the untruthful report. You have refused to receive evidence" by disinterested persons who; were present. I shall take ulteriocnieasures in this cose. KXI'KKS,SIOXS HErORTED TO HAVE BEKX USED BY US. HARRIS. The CoMJiissio.vEtt called the attention of the Board to the expressions used by iir Harris at the previous meeiing, to wit-r!' The sooner the Waste Lauds Board was done away with the better," aud: the proceediu»s were " illegal and iniquitous," as reported in the Daiiw Times. . ; :: : .-. V ■;.;.■:.; '.' £ vi-;'f*£''. Mr Harris: Here is another instance of an irrj^uiarproceeding on the part of the Board. I now statetbafc 1 did not use the word " iniquitous,1' btit I said that the proceedings of the Board were." illegal aiid mconsistent," and that the sooner the Board was'doue away with the better.' I should be sorry'to use such an expression as " iniquitous." The CosisnssroxEß: I did not hear it; myself but ifc was put forth in the Daily Times. " Mr Clark: Though tliat word was not used there were other expressious whicli should not nave been, made use of. :•■-■•■-. .:, ; , «•"="»' Mr Harris: I think if the minutes of the Board's proceedings for the past three months, were,lookecfc Mi- Reid : If the proceedings of the Board are to be conducted m this manner, and professional gentlemen dittats to the Board, we shall have half Dunedin in ta witness the proceedings. Really, if this'is to take place, the sooner the Waste Lamia Board is done away with the better. . - v; ...■.-■•■■■ Tlie_ Commissioner: Tlie Board is sitisfied, thentliat the word." iniquitous" was not used. That is alt. tliat is necessary, of course it was my uutv to brinsr tue mattei- forward, it having appeared in the public: papers. 1 did not hear the expression myself. .■ 'J'he Bond was'satistied with Mr. Harris's explanation, and he withdrew. At a later stage of the proceedings, Mr Clark said: It is a mistake on all parties. E thmk it should be withdrawn from the minutes. The Coilmissioxkr : There is no doubt that Mir Hams has used expressions- to-day which no gentleman should have Used towards another, and which lie: would not dare to use towards me privately OC «mree, in my public capacity, he may almost do as ha. pleases.

The minute was struck out.

iI'VOSALU AXD M.yniKSOS'ti C.ISK, Sir Harris suggested that a ease setting, forth the facts of tlie reversal of the approval of .Messrs M'Uonald and Jlatheson's application to purchase section 3a, block XV M., TuapeU West, should be submitted for the decision of his Honour Judge Chay-

_ _ Mr Stuode : I would state a ease under the 5tK sec-

«?*Si be SSJT 1 does not >m*hi' wbomtte It was d<cided that '• Mr Uarris may subinifc a case for the consideration of the Hoard for suiimiisiou to the Supicme Court if he wishes "

_ r „ MCEXsa to occrrr. .. • Mr V. S. Douglas, ior Mr Urn. AitktM, sppiiedfora. lneiiso under clausu 101 to occuj.v actions it): 21. and. 2', block Lll., Oanuu-u. ■ . Approved, ami rental fixed at £1 ixir auiiuui.

THE OEttJfAN 'FAMIIiIISS. Mr Hilgcndorf asked for v re-consideration of his application for authority .to be given to some German , families to occupy half:an acre each of Waihola township. He eloquently described the capabilities of his clients. ■ '.• \ . •; -•, •;. Sir Rkid : The land might bo declared ef special value, and leased. Mr Clark : These men are fully employed, and in a very few weeks they will be able to buy a section for themselves. After some further discussion, the application was refused. *"■ SAW-MILL LEASE. Messrs Driver, Stewart, and Co., for Garden and Petric, applied for a sawmill lease, behind Pollock's -saw-mill, at Glenomaru. Referred to the Banger. . . . . FOR. SALE. . . ■ Mr George Cooper applied that section 50, block VI., Mooraki district, should be offered fov sale. Referred to the Government for report of Engineer. ■',' . It. LAXCASTE&'s APPLICATION. , ■ .. .Ranker 'Hughan's report on the application of Rich•ard Lancaster for a lease of 200 acres, including a bush, about five miles above Beaumont, was read. Messrs Council and Moodie (for Mr Laucaster) ap,plied for the Board's fini) decision. Mr Connell said this was a most important application, and one in which the whole of the Tuapeka district was intcr•ested. The Ranger's report was in its favour, and he produced a memorial signed by forty residents of the district. : Mr Haggitt, on behalf of Mr Neil, opposed the application, and argued that it could'not be granted on two grounds—(l.) The Superintendent's consent not havingieen obtained, and ('2) the Board having no power. A lengthy and interesting discussion teok place, and the Board refused the application. COAL MIXING. r Mr D. Miller applied for permission to prospect for ooalitt the Bash Reserve, Half-way Bush. The Board decided not to interfere. . '' KXCIIAXQE. Mr William Sabine applied to exchange his lease of . sections 9, 10, 11, 12, 13, 33, 34, 35, and 30, block 11., Shotover district, under cause 62. Approved. OEO. JIILXE'S AITLICATIOX. A letter was road from Mr R. Bushe, asking the Board to re-consider Geo. Milne's application to purchase sections 51, 102, 103, and 104, block V., Waita- , imna East. Refused, AITMUA.TIOX TO miCHASE. ' Mr David Andrew applied to purchase section 2, block XIV., Dunedin and East Taieri. Tlie Board decided to sell the land under section 40, at £3 per acre. - : AX ISLAXD IX WYXDIIAM. ' Messrs Fletcher and M'Gillivray applied for license, under i lause 101, to occupy an island in Wyndham township for grazing cattle. Refused. THE TOWS OK 11VDB FOX HAMS. The Government notified the Board that they had resolved that the t^nvn of Hyde should be sold with certain reserves. Referred to the District Land Ofticer for advice. D. SIXOLAIK'S APPLICATION. The District Land Officer reported on Mr Dugald Sinclair's application to .'"purchase one-eighth of an acre in Naseby, at present held by him as tent ground. Deferred. lIK-UONSIDEHATIOX. Mr H. L. Sqviires applied to purchase section tl, block X, Waitahuna East. Refused. ■■.■■■ •SAW-JlIMi LEASE. . Messrs Connell and Moodie, for J. andW.T. Macfarlane, applied for decision of the Board on their adjourned application for a:saw mill lease on block Xlll.,:Glenkenich. ....-,..."., Referred to the Ranger. ; ■ "" APPLICATION" TO PURCHASE. Messrs Smith and Anderson, for Thomas Hopwbod, "applied to purchase sections 4, 10, 17, and 18, block Vir., Waitahuna West. The Ranger reported that the land had been reserved for an Athenaeum. Mr Anderson argued that it had not been properly reserved. They could find no mention of it in tlie Gazettes; ..• :■. ,■■■....■ ■•.•.>:■■.-, : :.....■• :•.'..••.: ;• "- ■ The Commissioner :.:Ali;these lands have been temporarily withdrawn by the consent of the Superintendent, therefore the section applied for is a reserve temporarily. ' ■ •.;• ,;-,■ Mr Anderson: It has not been legally reserved. Mr. Clark: We will make it legal till the Council meets. The application was refused. .'";■.. -LAND OX THE QOLDFIELDS. Tlie following applications to purchase land on the Goldfields were refused:—Thomas Bruuton, section 30, block XIX., Tuapeka East; J. Mackay, section 00, block VI., Tuapeka West; John Tuckey, section 8, block X., Tuapeka East. James Cameron's application ' for section 49, block VII., Waitahuna East, was granted. The Board adjourned.