The Otago Daily Times. WEDNESDAY, FEBRUARY 8, 1882.

Otago Daily Times, Issue 6238, 8 February 1882, Page 2

The Otago Daily Times. WEDNESDAY, FEBRUARY 8, 1882.

A few weeks ago we discussed the vexed question of riparian rights within the goldfields, chieily in connection with the long-sfcanding grievances of the miners on the Maerewhenua, who allege that they are " cabined, cribbed, confined" in their operations owing to the legal position of the freeholders holding the banks of the river, who can demand, and if necessary enforce, compensation for the pollution of the water by the discharge of mining debris. During his recent visit to Otago, the Hon. Mr Rolleston, who is Minister of Mines, took the opportunity of visiting the district, in order to acquaint himself, as he said, with the general lie of the country, and obtain the fullest possible information as to the requirements of the miners set forth in the petitions presented to the House of Representatives last session, and. practically remitted to the Government for consideration by the Goldfields Committee The Committee, it may be mentioned, concluded their report on these petitions by expressing regret that successive Ministries had devoted so little attention to the many reports which had been referred to them—■" a neglect which can hardly encourage the Committee to persevere in their endeavour to ameliorate the condition of the mining industry under difficulties which are unexampled in a country which owes its prosperity so greatly to the development of its mines." Mr Rolleston has evidently taken these remarks to heart, and during the present recess has personally visited the principal centres of gold-mining industry in both Islands, his intended tour through the Otago goldfields having been temporarily postponed in consequent of urgent business requiring his immediate presence in Wellington. We have before us the full report, from the local paper, of the interview of the honourable gentleman with the Maerewhenua^ miners on the 30th uit. Mr C. F. Roberts, the leading petitioner, was the chief speaker, aud the whole matter appears to have been very fully discussed. It is not necessary to recapitulate the circumstances of the case, which have been more than once explained in our : columns, but we may briefly state that the demands of the miners resolve themselves into three separate issues. They ask, first, that the existing difficulties may be solved by the acquirement bj' the Government of the riparian rights on the Maerewhenua ; next, that, as a matter of principle applicable to all the goldfields, "The Goldfields Act Amendment Act, 1875" (No. 1), may be amended so that compensation for damage through discharge of debris into watercourses shall only be recoverable under certain conditions; and finally, that additional water may be brought on to the goldfield atjjGovernment expense. The Goldfields Committee recommended the amendment of the law, and that a preliminary survey and estimate of cost should be made of races to convey water from the Otekaike and two branches of the Maerewhenua to auriferous land near Livingstone; but they declined to recommend the purchase of certain sections abutting on the river, the possession of which by the Government the petitioners seemed to think would extinguish all the riparian rights on account of which damages might be claimed. Mr Roberts, in the interview on January 30th, stated that the matter of first importance was that of riparian rights. Were these once extinguished, there would possibly be no difficulty in getting private persons to bring in more water. " Various attempts," he said, " had been made to get up companies for the purpose, but this riparian question hung over their heads like the sword of Damocles, and they did not know the moment it might fall and bring the people interested into difficulties in the way of damages." Mr Rolleston thereupon asked if there was any idea what the extinction of the existing rights was likely to cost. Mr Roberts replied that it had been at first anticipated that compensation could only be claimed on account of actual frontage to the river, but it had been authoritatively asserted that the riparian rights affected the whole property, in which case the claims of the freeholders would be considerable. Some discussion took place on this point, in which several members of the deputation took part, and it was contended on the part of the miners that landowners were not entitled to compensation for auy damage except in respect of sections abutting on the river. Mr Rolleston, however, pointed out that the landowners took exactly the opposite view, and were no doubt prepared to maintain this in the law courts. "It seemed to him that upon the course the Government could take with regard to extinguishing private rights there was an undefined liability overhanging the whole thing." They could not pledge themselves, therefore, in auy individual case to compensate an owner for the extinction of riparian rights. If they were once to admit that they were called upon to do so, tho claims would be so large that "there would ba no hope of ihu country consenting to such expenditure." In regard to the amendment of tho law as affecting the character and amount of compensation, the Government, he said, had as yet had no opportunity of considering the question, which was a very difficult one, in which he confessed he did not at present sco his way. He then asked the practical question whether thore had been any serious interruption to gold-mining arising out of the maintenance by tho freeholders of their riparian rights. Air Roberts was constrained to admit that beyond the injunction and legal proceedings in the

test case of " Borton and M'Master v. Howb and others" there had been no attempt even at interference. As a matter of fact it is indeed notorious that, although the judgment of the Supreme Court decided the right of the freeholder to the water in its natural state, this right has practically been found impossible to Enforce—a matter specifically brought before Parliament in the petition of Messrs Borton and M>'Master, in 1878. Mr Rolleston finally agreed to submit the matter to the Cabinet, who would have to decide whether they would propose any alteration of the existing law so as to place compensation on a different footing. He, however, added that Governments were, as a-rule, "exceedingly cautious about interfering with private rights. Whether these ought to have been given was another thing. He thought, perhaps, the matter had been somewhat carelessly dealt with in the past, and, the outlets should have been better conserved." The discussion then merged into the question of an additional water supply. Mr Roberts expressed the opinion that were the Government to provide a good supply of water to command the auriferous country of which the Maerewhenua River is the natural drainage-channel, the difficulty would be solved, v as the owners of land would not fight the Government for compensation, and nothing more would be heard of it " ! This appears to be assuming a good deal more than is at all probable, sincß the landowners would possibly be only too glad to have a good case against the Government for compensation, although they may not care to proceed against miners with the very probable contingency "of .having to pay

their own costs. Mr Rolleston pointed out that the fir3t step to be taken, as suggested by the Goldfields Committee, was to obtain an estimate of the cost of bringing in water from the Otekaike and elsewhere, and of course the probable result in comparison with the expenditure would havo to be considered. "He would promise that before Parliament met such an estimate should be taken," but he wished them -to understand that he did not say whether the Government would be able to provide money for the construction. Somewhat to the contrary, he expressed his conviction that such kind of works would have to be done in future very largely by private enterprise. " The Government could not be called upon to undertake them to the same extent as in the past."

The result of the interview would appear to be that matters remain very much in statu quo, except that the Minister of Mines has undertaken to Lave an approximate estimate—based, we may presume, upon a flying survey—made of the cost of bringing an additionab supply of water upon the ground. In respect of the compensation which could be claimed by the freeholders who hold the river banks, it is clearly laid down in a high authority on easements that riparian rights are incident to the whole estate, whatever its siz9. The amount to be paid should the Government undertake to extinguish the rights in this case would be something very considerable—to be counted in thousands of pounds.

On our fourth page this morning will be found reports of an inquiry into a recent fire at Milton, and of the Port Chalmers Borough Council, with San Francisco mail news, and other matter.

With regard to the San Francisco mail, our Wellington correspondent telegraphed last night as follows :—"lt was officially annouueed this afternoon that the Wanaka, which left Manukau at noon to-day with the Southern portion of the 'Frisco mail,' would go round by Nelson and Picton, and consequently would not reach Wellington and South till Thursday and Friday respectively. Later this evening, however, this has been changed, and I am now informed,.on authority, that the Wanaka will come on direct fi'om TaWiaki to Wellington, probablyarriving hero late to-morrow evening, and the mails will reach Canterbury and Otago on Thursday." The Penguin brings the mail South from Wellington.

Tho question of the election of licensing committees engaged the attention of the Bruce County Council yesterday, and the Chairman spoke strongly against the new law, as it would put the County to a great deal of unnecessary expense. He mentioned that in one district a committee would have to be elected though there were actually no licenses to be taken out.

Sergeant Gilbert, who some time ago joined the police force here, and who was afterwards sent to Canterbury, has recently been transferred to Queenstown. Sergeant Gilbert has provod his efficiency on several occasions, and Queenstown will receive the services of an excellent officer.

On Monday a shed belonging to Mr James Smith, of Greenfield, Tuapeka, was destroyed by fire. A quantity of wool which was in tho place at the time was also destroyed.

Mr John Frederick Woodhouse was last week admitted as a barrister and solicitor of the Supreme Court by his Honor Mr Justice Williams. We understand that Mr Woodhouse has joined the firm of Messrs Macassey, MacDermott, and Kettle, with whom he completed his articles.

The house which was burnt down at Woodhaugh yesterday morning was insured for £200 in the South British office, and for a similar amount in the Standard. Mr Jame37 stook was insured with the South British Company for £200.

The dates of nomination and election of Licensing Committees for the districts of South Dunedin North, Caversham North, Caversham South, North-East Valley North, and North-East Valley West are advertised this morning; also the dates of quarterly licensing meetings in Portobello, St. Leonards, Ravensbourue, and Peninsula districts.

Mr Peter M'Kay (evidently energetic, if he is nothing else) respectfully proffered his sorvices to the City Council .yestorasiy to "hunt up" all unregistered dogs in and. around Duuedin, and bring their owners to stem account. A cortaiu scale of remuneration was fixed by Mr M'Kay—viz., Is per defaulting dogowner, but this was only to be payable provided the delinquents were duly "spotted" and thoir iniquity brought homo to them. It will be readily admitted that this volunteer detective has set himself a task of no mean difficulty ; nor is this all, for ha also pledges himself to discharge his duties in. an invariably respectful manner, and "not to make himself obnoxious/ It seems doubtful wb.ether, whatever urbanity a exercised by Mr M'Kay, he will not so be regarded by those citizens whose littlo game he may disturb ; but it is as well, if necessity compels the employment of a dog-detective, that he should boi possessed of tho admirable qualifications set forth by this candidate. The usual monthly meeting of the Otago High Schools Board of Governors was held yesterday, and was attended by tho Rev. Dr Stuart iehainr.au), Hon. W. H. Reynolds, Mr James. Gore, and Professor Shand. The report of Messrs Gillies, Street, and Hislop on the aafc- of Wyndham land at Mokoreta was read, and a letter from the Education Department, Wellington, advising . tho reappointment of the. Hon. Messrs Oliver and Reynolds as . Governors of the High Schools for the ensuing i year. Communications were also read from the University Council of Otago reporting the appointmont of the Roy. Dr Stuart and Professor Shand, and from the Education Board of Otago advising tho appointment of Mr Fulton and Professor Macgregor. Tho inspector of works at Wyndham Valley reported on tho progress of the road through the endowment ; and accounts were passed for salaries amounting to £GB3lls 4d.

MrE. H. Carew, R.M., sat at tho R.M Court yesterday to hear an application by John veitch for a variation in a separation order made in April, 187S, by -Mr Watt. Mr Macdonald appeared for.tho applicant, and Mr A. Bathgate resisted the application on behalf of the wife, Margaret Veitch. After argument on both sides the order was varied the maintenance being struck out and custody of the children given to the hu.sband. A report from the finance Committco was read at yesterday's meeting of the City Council, recommending, in cbiißequen.ce, of the

verdict in the recent libel action, that Mr Massey be pro forma reinstated in his position

of Town Clerk, as having satisfactorily vindi-

cated his character. It was added that recent

experience having shown no necessity for the continuance of his services, he should be informed of that fact, and offered one month's

salary in lieu of notice, besides full salary since the date of his suspension. This report was

adopted by the Council, and it was decided to advertise in the prescribed manner for candidates for the vacant post. The subsidy just received by the Bruce County Council from the Government amounts to £1112

Os 9d, and out of this sum some £300 goes to

;he Dunedin Hospital, and about £100 to the

Tuapeka Hospital. The Council, being of opinion that they have to pay too much towards towards the support of the former institution, have deputed three councillors to

wait on the Hon. Mr Oliver with a view to

seeing if the existing arrangements can be

modified,

The business done at the City Police Court

yesterday was limited to the fining of a drunkard and the disposal of a bye-law case.

Mr Carew, R.M., presided. Our Portobello correspondent writes: —

Misfortunes seldom come singly, it is said,

and we have had an instance of the truth of

;he saying. It is not long since Mr Mac-

Andrew, of North-East Harbour, lost his stable, barn, &c. by fire, and he has again suffered by the same element. That gentleman having lately erected a house on -his leasehold at Papanui fiats, it was totally destroyed by fire, it is supposed on Monday night, the 30th ult. On the Monday evening, Mr Macandrew, jun. and the man who was in charge left the house after putting out the fire with water. They returned to North-East Harbour. On Mr Macandrew visiting the place again on Thursday he found nothing but the ashes of the building. Unfortunately it was not in. sured, and the house contained harness, oats, chaff, &c. to the value of over £30."

Mr Charles Mirfin, editor of the Inangahuar Herald, has been acquitted on the charge of forging a signature to a telegram in connection with the late general election. According to the North Otago Times, the Now Zealand Shipping Company have undertaken to lay on a special line of vessels to trade in direct shipments between London and the port of Oamaru. The same journal hears that a leading member of a firm whose headquarters are in Oamaru recently left for Great Britain, principally with the object of arranging for another similar lino of vessels for the same purpose. In this case the trade in direct shipments would probably be carried on as between Glasgow and Oamaru. At the Resident Magistrate's Court, Milton,

before J. Nugent Wood, Esq., R.M., James Campbell, merchant, of Dunedin, was yesterday sued by the Glenledi Road Board for

having encroached on the district road laid out j between sections 28, 29, and 31, and sections 82, 33, and 35, block VIII, Akatore, by erecting thereon a fence without the permission of the Board. Mr D. Reid appeared for the plaintiffs, but the defendant did not appear. Several witnesses were examined, and evidence given to show that the Board had warned the defendant to remove the obstruction, which he had failed to do. His Worship fined the defendant Is per day for the 130 days during which the road-line had been obstructed, together with £5 10s as the costs to which the Board had been put in connection with the matter; also law costs, and costs of witnesses, the whole penalty amounting to £1G 7s. He remarked that he should not have made the penalty so great but that it seemed the defendant had taken no heed of the matter after it was pointed out to him.

The Okarito correspondent of the West Coast Times writes :—" Our hot springs at tho Waiho Glacier have been attracting some attention lately on account of their curative qualities, several invalids having completely recovered their health through bathing in them. This place will yet rival the Waiwera Springs at Auckland^ as the sight alone of the huge mountain of ice is well worth the visit, and it is only three hours' journey from Lake Mapourika."

A public meeting was held at Wyndham on Friday evening last, at which Captain Mackenzie, M.H.R. for the district, wasppresentt t The Hon. Dr Menzies was in the chair. The following resolutions were amongst those carried:—" That the settlers in this district are greatly dissatisfied at the continual delays in the construction of the Edendale, Wyndham and Fortrose railway, and desire to impress upon the member of Parliament for this district, Captain Mackenzie, the necessity for pressing the matter on the attention of the Government, and using his utmost endeavours to get a further sum voted by Parliament next session to construct a further section." " That we draw our member's attention to the necessity of a branch railway from Wyndham up the Wyndham Valley, joining the trunk line at Clinton, or about that locality." On the first day of the Native gathering at Reweti, Tawhiao, in conversing with some of the Europeans present on the ancient history of New Zealand, alluded to some Native legends with which the general public are.not likely to be familiar. Pointing to two of his chiefs from Kawhia—Hone Wetere and Pikia —he said they are the descendants of an ancestor named Tirewa, a seer who many genera, tions ago from a dream predicted the advent of the Europeans, by proclaiming that a race yet unknown to the Maoris would come to New Zealand in ships, would wear many-coloured garments, and ride upon animals larger than dogs. That prophecy had been fulfilled Tawhiao also mentioned as a singular coincidence that one of his ancestors, before European settlement, while walking in the bush near where are now situate the Taupiri coal-mines, met a fairy, Patupaiarehe, who in a song told him that the name of this land was Tirani—the Niu Tireni or New Zealand of today. He also gave an interesting account of the various methods of divination practised by tho tohungas or priests for ascertaining whether peace or war would ensue between two tribes, or whether a certain warrior would die in \ battle or have a natural death. The methods referred to somewhat resembled those employed by the Roman augurs. His own future had been partially revealed by the art of divination, and among other things disclosed was that Tawhiao will never die by drowning. His body may, however, be eaten by a fish. The ground of this belief is that one of his ancestors was capsized in a canoe out of sight of land, and immediately a whale rose, upon whose back he at once scrambled, and it took him straight to Kawhia Harbour, where he landed in safety, he being an excellent swimmer. Tawhiao concluded by remarking, archly, that these legends, though implicitly believed in in the olden time, did not seem to have so great a hold upon the mind of the people in the present day. Our Wellington correspondent telegraphs that the opera of "Mignon," by the MontagueTurner Company, has been a remarkable success there, and has drawn the greatest crowds of the season, t

The same programme as previously was given by Lyons' Tourists at the Queen's Theatre last night. We notice that the charges of admission are to be reduced this

evening,

Again there was a crowded house at the Princess Theatre last evening to witness "The Colonel," and the pieco passed off with its accustomed success. Its repetition is announced for this evening only, which may be regarded as a positive announcement, for the play has to be withdrawn to make room for a fresh piece. The comedy is one that will well repay a visit, and many will doubtless avail thomsolves of this last chance of seeing it.

Tho brokers Inform us that the? share-list of Kcast and M'Carthy Brewory Company (Limited) contains application) for 30,000 Bhares, and that a largo number of hotelkecpers will havo an interest in the Company. This has been a profltablo business in private hands, and should be equally so when a largo number of pooplo are interested in it,, many of whom can put business in the way of it. Applications for shares are ctiming In dally, and the share-list will soon be closed.

We are reqjuested to draw attention to the notice of dissolution -of partnoiship between Messrs Gourley and L-iwis, tii which It is stated that *he former will carry on thu Maelaggan stroet, and Obo latter the George streo fc branch of the business.

As will be; observed from our advertising columns, the share-fist of the liaikorai Woollen. Company will close on aj.i early date. Wo are informed that this Company b as beon favourably received "by the investing public, and a largo number of shares havo already been applied for.

Mr Willl-am Ingils has forwarded us ri garden almanac for New Zealand issued by Suttoii. and Soiie, of Heading, England. It is in sheet form. He tilso sends us Jhe Australian Plate Glass Insurance Company's curb.' almanac.

An attractive programme, which -fvill be found in our advcrtiiQ'njr, columns, has been hsue-d for a concert to be ha;d at the Garrison Hall to-night, in aid of tho funds of the Church of England at Weefc Harbour. The Bishop df Dunedin is to take the chair; and it is imticijmteil, Jroiu tho number of tickets alrendy disposed of, iUax there will be a large attendance.

An abridged prospectus of tho Apollo Company, Limited (candle mid soap manufacturers, &c.) r is advertised. Hi William luglis is tho broker for JDun cdiii.

Mr C. Christie will hold "a cattle and sheep sale al his Balclutha yards on Friday.

The Provincial Grand Mark Lodge meets it; Port Chalmers this evening.

Messrs Stephenson and Co. will afll a residence Hi Jjook-out Poiqt on Saturday. ' - ..

The Australian Pa3toral Company (Limited) advertise an abridged prospectus this morning. Mr William Inglis is the Dunedin broker.

A special meeting of the Zealandia Marine Lodge, Port Chalmers, is called for this evening. A dividend, at the rate of 10 per cent., is now payable in the Equitable Investment Company (Limited).

To be disposed of, largest retail trade in the Colonies.. Net profit above £2000 per year. R-quisites: Energy, civility, cleanliness, a little circumspection, and .fiJOOO". —Apply Messrs Wright. Stephenson, and Co., Messrs Maclean and Co., or D. Reid and Co., Dunedin.—[Advt.]

John Hakborow, Professed Shirtcutter, Manse street, Dunedin, and Hereford street, Ohriatchurch. — A Sample Shirt, to measure, in 21 hours if required. Shirts re-fronted, &c; llmuel dr.wers, pants, and nightshirts made to order. Jacket*, pygamis, or sleeping suits in any material. Collars and culls,, newest Bhapes and styles. N.B. Gentlemen waitedupon at their private residences if required.—[Advt.