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

Otago Daily Times, Issue 6238, 8 March 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 goldfield3, chiefly in connection with the long-standing grievances of the miners qn the Maerewhenua, who allege that they are " cabined, cribbed, confined" in their operations owing to tho 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 #ie 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 requiremantq of the miners set forth in the petitions presented to the liouse of Representatives last session, and- practically remitted to the Government for consideration by the Goldfields Committee. Th,e 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 thorn—" 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 gr.eatly 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 Qtago gold fields having been temporarily postponed in consequent of urgent business requiring his immediate presence in Wellington.

.. We have bofoi-e us the full report, from the local paper, of the interview of the honourable gentleman with the Maerewhcnua miners on the.3oth uit. Mr 0. "F. Roberts, the leading petitioner, was the chief speaker, arid 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 explaine':! in our columns, but wo 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 by 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 filially, that additional water may bo brought oa to the goldfield atJGovernment expense. The Goldh'elds Committee i-ecommended 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 mi^ht 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 Rollsston 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 any 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 rogard to extinguishing private rights there was an undefined liability overhanging the wholo thing." They could not pledge themselves, therefore, in any 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, the claims would be so large that " thero would ba no hope of the country consenting to such expenditure." In regard to the amendment of the law as affecting the character and amount of compensation, the Government, ho 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 see his way. He then asked the practical question whether there had been any serious interruption to gold-mining arising out of the maintenance by the freeholders of their riparian rights. Mr Roberts was constrained to admit that beyond the injunction and legal proceedings in the

test case of "Bortox and M'Master v. Howe 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 Govornnients 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, " as the owners of land would not fight the Government for compensation, and nothing more would be lieavd of it " { This appears to be assuming a good deal more than is at all probable, since the landowners would possibly be only too gla/1 to have a good case against the Government for compensation j although they may not care to proceed against miners "with the very probable contingency of having to pay their own oosts. Mr Rolleston pointed out that the first 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 have to be considered. "He would pro.inise that, before Parliament met such an estimate should be taken," but he wished thtm 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 oonviction 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 a,s in the. past." The result of the interview would appear to bp that matters remain very much, in statu qjao v except that the Minister of Mines has undertaken to have an approximate estimate—based, we may presume, upon a flying survey—made., of \hs cost of bringing an additional 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 size. The amount to. b,e 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 wil\ be found reports of an inquiry intft 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 :-7."1t was officially announced 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 Sqw.th'tiU Thursday and Friday respectively, Later- thi.B evening, however, this has been changed, and I am now informed, on authority, that the Wanaka will come on direct from Taranaki to Wellington, probably arriving here late to-morrow evening, and the mails will reach Canterbury and Otago on Thursday." The Penguin brings the mail South from Wellington.

The question of the election of licensing committees engaged the attention of the Bruce County Council yesterday, and the Chairman spoke strongly against the now law, as it would put the County to a great deal of unnecessary expense. He nie-afcionod that in one district a committee would have to be elected though there wore 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 proved his efficiency on several occasions, and Quoenstown 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 the place at the time was also destroyed. Mr John Frederick Woodhouse was last week admitted as a barrister and solicitor of tho 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 James' stock was insured with the South British Company for £200.

The dates of nomination and election of Licensing Committees for the districts of South Duriedin 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, Ravensbourne, and Peninsula districts. Mr Peter M'Kay (evidently energetic, if he is nothing olse) respectfully proffered his services to the City Council yesterday to "hunt up" all unregistered dogs in and around Duuediu, and bring their owners to stem account. A certain -.scale of remuneration was fixed by Mr M'Kay—viz., Is per defaulting dogownoi, but this was only to be payable provided the delinquents were duly "spotted" and their iniquity brought home 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 he also pledges himself to discharge his duties in an invariably respectful manner, and " not to make himself obnoxious.'' It seems doubtful whether, whatever urbanity s exercised by Mr M'Kay, lie will not so be regarded by those citizens whose little game he may disturb ; but it is as well, if necessity compels tho employment of a dog-detective, that he should be possessed of the 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 the* Rev. Dr Stuart (chairman), Hon. W. H. Reynolds, Mr James Gore, and Professor Shand. The report of Messrs Gillies, Street, and Hislop on tho sale of Wyndham land at Mokoreta was read, and a letter from the Education Department, Wellington, advising the reappointment of tho Hon. Messrs Oliver and Reynolds as Governors of the High Schools for tho ensuing year. Communications wero also read from tho University Council of Otago reporting tho appointment of tho Roy. Dr Stuart and Professor Shand, and from the Education Board of Otago advising tho appointmont of Mr Fulton and Professor Macgregor. Tho inspector of works at Wyndham Valley reported on the progress of the road through tho endowment ; and accounts wero passed for salaries amounting to £683 Us 4d.

MrE. H. Carew, R.M., sat at tho R.M Court yesterday to hear an application by John Vcitcli for a variation in a separation order made in April, 1878, by Mr Watt. Mr Macclonald appeared for tho applicant, and Mr A. Bathgute resisted tho application on behalf of tho wife, Margaret Veitch. After argument on both sides the order was varied the maintenance being struck out and custody of the children given to tho husband. A report from the Financo Committee was read at yesterday's meeting of the City Council, recommending, in consequence of the

verdict in the recent libel action, that Mr Massey be pro forma reinstated in his position of Town Clerk, as having satisfactorily vindicated 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 9s 9d, and out of this sum some £300 goes to the Dunedin Hospital, and about £IGO 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. MrCarew, R.M., presided. Our Portobello correspondent writes: — "Misfortunes seldom come singly, it is said, and wo have had an instance of the truth of the saying. It is not long since Mr Macandrew, 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 flats, it was totally destroyed by fire, it is supposed on Monday night, the^Oth ult. On the Monday evening, Mr Macaridrew, jun* and the man who was in charge left the house after putting out the five 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 valuo of over £30." Mr Charles Mirfin, editor of the Inangahua 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 New 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 line 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 between sections 28, 29, and 31, and sections 32, 33, and 35, block VIII, Akatore, by erecting thereon a. fence without the permission of the 3.card. Mr D. Reid appeared for the pia^tiffs, 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 £16 7s. He remarked that he should not have made the penalty so great but that it seomed the defendant had taken no head of tho matter after it was pointed Qufc to. him.

Tha Ofcarito, correspondent of the West Coast Tinges writes :—" Our hot springs at the Waiho Glacier have been attracting some attention lately on account of their curativo 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 throe 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, was present. 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 tha continual delays in the construction of the Edendale, Wyndham and Eortrose railway, and desire-16 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' 3 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 tho ancient history of New Zealand, alluded to some Native legends with which tho general public are not likely to be familiar. Pointing to two of his chiofs 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 yot 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.

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

Again there wa3 a crowded house at the Princess Theatre last evening to witness "The Colonel," and the piece passed off with its' accustomed success. Its repetition is announced for this evening only, which may be regarded as a positive announcement, for tho play has to be withdrawn to mako room for a fresh piece. The comedy is one that will well repay a visit, and many will doubtless avail themselves of this last chance of seeing it.

« I\ h«! > nOIVL r8 i°(o ?'in us that the share-list of Koast annlin ? l hy,Bre o«ery ComPa"y (Limited) contains application* for 30,000 shares, and that a larce number of hotelkeepers will have an interest in the Company.- This has been a profitable biMlnewin pmata haada, and should be equally so when a lame number of people are interested in it, many of whom cauput business in. the way of it. Appllittona iZ Tonlo™,T l"S "' dR"y ' and thC Shar°-li9t wiU

Wo oro requested to draw attention to tho notice of dissolution of partne-ship betwoen Messrs Gourloy «n-™Vlß,'h' n h' C, h !t is Btated that the former win cany on thel Maclaggau street, and tho latter tho George atreot branch of the business. f Ab will be observed from our advertising columns the bhato-lut of the Kailcorai Woollen CompTnywHl clo,o on an early date. We are informod that this Company ho. been favourably received by the invest&Cieatr? larg ° "Uml)er °f 6hareS Lv° alro^ n^JKrW 1? 1 *«rwardod us a garden almaa"jft£r" piate Qi«j—• <&

An attractive, programme, which will be found in our advertising columns, has been iaßuod for a eon thP fn "T h,°H anl he <!' rrlßwl lIaU to-nrglit/in aid of S,, '*h °» °' Dui'edm is to take the chair ; and it is antic 1. ated, from the number of ticketa already deposed of, that thero will be a large attendance T -til a, b, rids?| l Pr<"Pect<M of tho Apollo Company, L,.m ted(candlo and soap manufacturers &c ) h advertised, ilr William lughs i 8 the broker for Dun-

Air C. Christie will hold a cattle awl nhoep sale at his Biilclutha yards on Friday. Tho Provincial Grand Mark Ledge meets at Port Chalmers this evening. ...

MeGarß Stophenaon and Co. will sell a residence nt Look-out Point on Saturday. "•

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

A special meeting of the Zealandia Marine Lodge, Port Ghalmere, 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 Lolomes. Net profit above £2000 per year. R-quiaites: Energy, civility, cleanliness, a little circumspection, ami £iOCO. -Apply Messrs Wright. Stephens.™, and Co., Messra Maclean and Co., or D Reid and Co Dunedin.—[Advt.]

Jonx Habborow, Professed Shirtcutter, Manse street, Dunedin, and Hereford street, ChrUtchurch.— A Sample Shirt, to measure, in 24 hours if required. Shirts re-fronted, &c; fUnnel drivers, pints, and nightshirts made to order. Jacket", pygatnas, or sleeping suits in any material. Collars and cuffs, newest shapes and styles. N.B. Gentlemen waited upon at their private residences if required.—[Advt.