THE OTAGO DAILY TIMES MONDAY, MARCH 21, 1892.

Otago Daily Times, Issue 9380, 21 March 1892, Page 2

THE OTAGO DAILY TIMES MONDAY, MARCH 21, 1892.

Ws have more than once had occasion to criticise the new Mining Act passed under the auspices of the present Government. Why it was thought necessary to introduce and pass a general Act on the subject in 1891, seeing that the law was consolidated in 1886, is more than we know. All useful amendments might have been comprised in a short Act, but we understand that in certain communities credit is gained for the bulk of the legislation affecting their interests, and for this reason we suppose a general law instead of a paltry amending Act was required. This weakness is not wo are bouml to say one peculiar to this Government. Most of their predecessors in place have been guilty of it. "We passed the Guardianship of Infants Act" was once the mournful wail of an exMinister, who had nothing but that for his record wherewith to force a general election and account for the distribution of the honorarium. There is, however, a danger in consolidation Acts. Now and then the quicksilvered pen of the parliamentary draftsman runs away with his fingers and leaves his brains } aggin #- He and the Minister who instructs him are alone responsible for the Bill containing, as it must, hundreds of clauses. Parliament stands absolutely absolved from the impossible task of really examining them. A correspondent has called our attention to a hideous blot in the legislation respecting the resumption for mining purposes of private lands. This is a subject to which the mining population attach great importance, as it is | well known that before the extent to which gold was distributed became fully appreciated, auriferous land had become the freehold of private persons. It ismainly in Otago that the subject is important, as the mining in other provinces is mainly on Crown and .Native lands. The subject, however, has also been dealt with in other colonies. Our Legislature in 1873 passed an Act called " The Resumption of Land for Mining Purposes Act 1873," giving power to resume land for mining purposes. Care was taken to violate no acquired rights, and accordingly it was in successive statutes enacted that lands alienated prior to the 29th September 1873—the date of the above Act—should not be taken for gold raining puposes without the consent of the owner. That year has since been taken as the starting point, and in the legislation up to last year it was carefully stipulated that lands granted to the subject subsequently to that year might be taken for gold mining without the consent of the owner. This did not of course meanthat his farm might be violated °y diggers and destroyed by their pperations, We need not repeat the

provisions, but there were provisions in "The Mining Act 1886" amply providing for . compensation to the owner and securing him against loss. If he had acquired his land prior to September 1873, his consent was required ; if subsequently to that date it was not asked. There was some slight confusion in the way in which this was expressed, but that led to no difficulty : broadly stated, the law was as wo have staled it. Now, however, comes the new Mining Act of 1891, whose cure-all virtues have been so much vaunted. Our correspondent, who does not wish his naino mon':io".H for sufficiently obvious reasons, tells us that there has been some controversy as to the meaning of the section. We agree with him in finding no room for discussion on the subject; but that our readers may judge for themselves we set out in extenso all the material part of section 212 of ''The Mining Act 1891" : "All lands which, since the 29th day of September, 1873, have been alienated or agreed to be alienated from the Crown, whether by way of absolute sale or lease or for any lesser interest, and all lands which have been so alienated at any time previous to the abovementioned date, shall with the consent of the owners or occupiers thereof respectively ; and all lands which, after the commencement of this Act, may be so alienated or agreed to be so alienated from the Grown as aforesaid, shall without the consent of the owners or occupiers thereof respectively; and all Native lands which, since the 30th day of August, 1888, have been or may hereafter be alienated by the Native owners thereof to any person other than her Majesty, shall be liable to be resumed by her Majesty for mining purposes (except lands alienated expressly for mining purposes), on paying full compensation to the owner or occupier of the fee simple thereof for the value, other than auriferous or argentiferous, of the lands and improvements so resumed, upon the terms and conditions hereinafter provided." [Here follow definitions of " occupier " and " mining purposes."] We do not think it necessary or desirable to enter upon adiscussionas to the merits or demerits of the grammar of this section. It may not be eloquent, but it is sufficient. Its effect in destroying the legislation of 18 years is at anyrate quite clear. It is as plain as the sun at noonday that, not only in respect of all lands alienated from the Crown prior to 29th September 1873, but in respect of all lands alienated subsequently to that date, the consent of the freeholder is necessary to the resumption of land for mining purposes. Freeholders are not in f&shion just now. A year and a-half ago the dominant faction were inclined to treat them as vipers are treated ; half a year ago the Legislature by this clause made them unasked a present of the release of this valuable privilege, which for 18 years its more thoughtful predecessors had carefully reserved for another class of the community. Certain it is that the triumphant, farmer, landowner, capitalist, or whatever it is the fashion to call this unfashionable tiller of the soil, is master of the situation, and all that he has to do to prevent what a few months ago would have been a lawful exercise of a right—as lawful as that of calling at a man's house to ask payment of a bill— is simply to say "No?" We cannot but regret that by a Legislative bungle a valuable public right. : has been " gifted" to private persons who neither asked it nor wanted it. How to get back for the people what a " Liberal" Government has simply given away is a matter which requires serious consideration. It is certainly within the power of Parliament to recall the blunder, and no principle of right or equity intervenes to prevent the exercise of that power.

It hardly redounds to the credit of the community that there has been a falling off during the past year in the income of the Otago Society for the Prevention of Cruelty to Animals. Considering that the income of the Society for the previous year was only a 1 little over Ll6O, the decrease of L 26 is no slight one, and any further leakage of funds could scarcely fail seriously to cripple the work. We trust Mr Justice Williams is right in thinking that "the public will not allow this state of things to continue for another year, and that the advantage of the Society to humanity must be so obvious to every thinking person that the Society cannot fail to obtain that trifling measure of support which is necessary to maintain it in efficient existence." It is hardly too much to say that there are hundreds of people who could well afford to give a trifle to the support of this work, yet have never done so ; and it is much more satisfactory that a Society of this kind should be supported by the half-crowns and shillings of hundreds'" than by the gold of a few dozens. We observe with pleasure, not only that the Society is heedfully pursuing its supervising and corrective work, but also that the permanent educative force of its existence is beginning to be apparent. Fewer cases of cruelty have come under notice during the past year than was formerly the case, and no doubt the committee are justified in inferring that "there is a wholesome fear as to the danger of ill-using animals," and in hoping that "their work is educating those in charge of horses and other animals." If not a single charge of cruelty were laid during the 3'ear, there would not necessarily be any reason to suppose that the society was diminishing in usefulness or that its work was one whit the less important.

We warmly commend to the attention of the public the undertaking upon which the Committee of the Technical Classes Association are now engaged. The excellent work of these classes has been hampered and circumscribed ever since their inception by the absence (owing to scantiness of funds) of a workshop and apparatus for manual and other instruction, which are absolutely necessary to the success of perhaps the most important side of the Association's intention. Physics, carving, plumbing, carpentry, wood and metal turning —for each o£ these subjects a teacher could have been obtained during last year's session, but nothing could be done in regard to any of them owing to the deficiencies just mentioned. Fortunately, however, in the course of the last parliamentary session, the House of Representatives, remedying a previous mistake, took a wise view of the important bearing of this work upon the national welfare, and a vote of LIOOO in aid of technical education was passed. The Duneiliu Association, it seems to us, has a reasonable claim to a considerable portion of this sum without conditioni being imposed, but Ministers have thought fit to allot the subsidy on the principle of one pound for every one pound of local subscription, not taking into account what has already been achieved by Dunedin in aid of the undertaking. Moreover, as at present arranged, the claim for the grant must be made before the end of the present month; so that, if this restriction holds good, there is little time to spare. An attempt is being made to induce Mr Reeves to modify this arrangement, but the safest plan will be for intending subscribers to hand their donations to the canvasser (Mr W. Harlow) without delay. There is no necessity for people to wait until they are directly asked, and naturally it will be impossible to ask all: it should be remembered that a gift gains grace in proportion to its voluntariness. Moreover, this is emphatically a cass of bis dat gui cito dat.

A young woman named Annie Fleming, who was employed as a housemaid at the Grand Hotel, died very suddenly on Saturday. Dr Ogstomvascalled in on the previous day to attend her, and he found that she was suffering from an ulcerated stomach. She was treated accordingly, and on Saturday morning she appeared a good deal better, although very weak; but about 10 o'clock a change for the worse took place, and she died at half-past 11. As Dr Ogston has. given a certificate of death, no inquest will be held.

Messrs H. F. Hardy and William Greig presided at the Police Court on Saturday morning, when John M'Keay, for allowing a horse to wander on the Town Belt, was fined 2s j?d and costs.

The papers for the income tax returns will bu sent out in April, and a fortnight allowed to make them up. The land tax returns are now nearly complete, and boards of review are being appointed. It is hoped that the exact amount of the tax payable will be known by tho middle of May.

The s.s. Invcrcargill returned yesterday morning from a trip to tho AVest Coast SoundsLeaving Dunedin on Monday, she called at the Bluff, and then proceeded to Milford, where she remained 30 hours. During this time her passengers visited the Bo wen Falls and Lake Ada, whilo others indulged in fishing. The R.C.S. yacht St. George being in harbour, passengers were given permission to inspect her palacelike accommodation, which afforded them much pleasure. On her return trip the steamer passed through Doubtful, Breaksea, and Dusky Sounds, which were seen to advantage, the weather being beautifully fine; and Preservation Inlet and Coal Island were next visited. The miners at the latter place spoke of good prospects, one party (Barnes') having during the last month secured 50oz at Wilson's j Creek, to which a rush has set in.

With reference to the request made in these columns by Mr Rose for information in connection with the saving of platinum, Professor Ulrica kindly informs us that the method adopted is precisely the same as that in use for saving gold with mechanical appliances, such as the use of blankets, &c. Quicksilver must not be used on any account, as it does not amalgamate with platinum. The result is a mixture of gold and platinum ore, and in the separation of these quicksilver is brought into use, as it amalgamates with the gold and leaves tho platinum ore separated. The platinum thus obtained is never pure, being an alloy of what are termed platinum elements, comprising iridiuin, osmium, iron, &c. The separation of these is a difficult and expensive chemical process, and the professor informs us that h» should not advise this being undertaken in the meantime! The best plan to adopt would bo to send the platinum alloy (after the separation of the gold, of course) to the London market and try what it will fetch.

Mr E. H. Carew, R.M., presided at the Port Chalmers Magistrate's Court on Saturday. In Henry Tomkins v. William Julier, a claim •f LI 13s Bd, balance of rent 'for use of a lighter, Mr Platts appeared for the plaintiff, for whom judgment was given by default for the amount and costs. In Henry Gray v. Thomas Erridge, a claim of 10s for rent and possession for house, Mr Platts appeared for plaintiff, for whom judgment was given for the amount with

costs, and the clefendant was.ordered to give up possession on or before the 26th inst.

Romahapa is now connected with Balclutha by telephone.

The mission of the Redemptorisfc Fathers opened in St. Joseph's Cathedral yesterday at tho 11 o'clock mass. The Rev. Father Hegarty, C.SS.R., was the preacher, and in the course of an eminently practical sermon explained what was meant by a renewal of the mission. The Fathers had come again amongst them to inquire from them solemuly how they had kept the good resolutions made during the time of the last mission, and to exhort them to renew again their previous resolve to lead lives worthy of Christians. The preacher in the evening was the Rev. Father Howell, C.SS.R. The cathedral was not only packed in every part but the sanctuary was filled with men. The rev. speaker gave an instructive discourse on the "Abuse of grace," and in the course of his remarks he congratulated the people of Dunedin on their generosity, as was evidenced that day when over L4OO was laid on the foundation stone of the church to be erected in honour of the Apostle of Ireland. He further congratulated them on the happy auspices under which the renewal of the mission was begun, and expressed his satisfaction at the immense congregation that had gathered there that evening. During the week there would be mass at 6, 7, 8, and 9 o'clock, and in the evenings there would be instructions. On Sunday next the mission would be brought to a .close with a solemn renewal of baptismal vows. This evening the Rev. Father Mangan will give the instruction. The Western Star states that fears are entertained for the safety of the ketch Anna, which left the Estuary about a fortnight ago to convey a party of six miners bent on prospecting to Gates' Inlet, near Mussel Beach. The ketch was under the command of Antonio Mitchell, and was maimed by Roderique, Saunders, and Nelson, all able seamen, and well acquainted with the coast. The inlet is about five hours sail with a suitable wind, and yet no intelligence has been received of the safe arrival of the party, or the whereabouts of the ketch.. At the ordinary meeting of the Dunstan Presbytery held at Alexandra on the 16th inst., a call, numerously signed by the members and adherents of the Cromwell Presbyterian Church, addressed to Mr James Cumming, licentiate of the Free Church of Scotland, was laid on the table. After consideration the call was duly sustained in view of the large number of signatures, and of the good-will shown to Mr Cumming by all classes and denominations at Cromwell. Mr Cumming being present, the call was placed in his hands by the moderator and he declared his acceptance of the same. The presbytery then prescribed trials for ordination, in theology, Biblical exegesis, and church history. The presbytery also resolved to issue their edict appointing the 13th day of April next for the ordination and induction of Mr Cumming in the church at Cromwell, on which occasion the Rev. R. Telford was appointed to preside, the Rev. Mr Smith to preach the ordination sermon and address the minister, and the Rev. J. Lothian to address the congregation. The presbytery then adjourned to meet at Cromwell on the 13th pros. At a meeting of the Dunedin Regatta Committee it was decided to insert in the programme a second-class yacht race for boats over 3 tons and under 5 tons over a ton-mile course, the prizes to be L 5 and L 3. It was also resolved to row the Scullers' and Inrigged Gig Races over a straight course. Entries for the various events close this evening. In connection with the attempt to be made to introduce lobsters into this celony, it is interesting to learn that live lobsters have been taken from Halifax to England, the mortality not being more than 50 per cent., although the voyage of the vessel taking them was exceptionally; long, 18 days, owing to the Historian steamer which conveyed this experimental shipment across the Atlantic having been detained nearly a week in the Channel.

The results of last season's harvest in Europe (writes the London correspondent of the Age) have been watched with an inquiring spirit, although few of the inferences drawn from them have been prominently brought under public notice. The respective portions of farming on the large and small scales have been unable to claim favourable results on either hand, all modes of partition of the land having been, so far as results show, on the same dead level. This is to be looked for in the steady and continuous withdrawal of capital from agricultural industry. The peasantry are everywhere encouraged to enter upon the occupation of small allotments with no other capital than that supplied hy their muscles. There is a. disposition to regard the large holders, rightly or wrongly, as selfish monopolists, and they have lately, in the years of low prices, looked out for other more profitable investments for what small incomes they may havebecn able to retain. Many of the larger estates are heavily mortgaged, and no matter to what low level rents and profits may be reduced, the claims of the moneylenders must be satisfied iv full. The landholders who are thus unfortunately situated are unable .to lay out capital or improvements, and they are no better off than their poorer neighbours. To restore the agricultural industry to the position it should occupy it is necessary to recognise and to act upon the principle that every plot of land, large or small, requires to have spent upon its improvement, by manure or otherwise, a proportionate amount of capital, in addition to the personal skill or energy of its owner or occupier. This is a point which was in former days much insisted upon, but is now seldom alluded to.

We are authorised to state that Mr Henry Driver, of Horseshoe Bush, will offer himself as a candidate for the Bruce seat. A requisition is being promoted in the electorate in favour of Mr James Allen.

The annual bazaar promoted by the Misses Fulton, in aid of Dr Barnardo's homes for destitute children, was held on Friday evening in the Woodside Mission Hall. The Rev. J. Kirkland opened it with a short statement explaining its object. Judging by the amount of business done, the sum realised must have been satisfactory to the promoters,

The friends of Miss M'lntyre, late teacher at Rao's Junction, assembled at tho schoolhous on tho evening of the 17th inst. to bid her farewell on the eve of her leaving the district for Tapanui. Mr James M'Kay, chairman of the school committee, presided. He said the people of the district thought Miss M'lntyre should not bo allowed to leave them without some token of the esteem in which she was held and recogni-

tion of her services as a teacher, in assisting at entertainments in aid of tho school funds, and in the musical portion of divine service. He had much pleasure, on behalf of her friends, in

presenting her with a workb^ox and writing desk combined, and an album ; and for her sister, Miss Christina, another album. Miss M'lntyre thanked those present in suitable terms. A very enjoyable evening was afterwards spent in singing and dancing, the Misses M'lntyre kindly providing refreshments.

Another largo audience assembled in the Princess Theatre on Saturday evening, when the Myra Komble Comedy Company again performed the farcical comedy "Drßill." From beginning to end the audience were kept on the broad grin, relieved occasionally by uproarious laughter, and the various members of the company were heartily applauded. Notwithstanding its success, "Dr Bill" will have to be withdrawn to make way for other novelties, and those who like to be amused and have not seen the performance should avail themselves of the opportunity of witnessing it.

Mr Andrew Todd (for the N. Z. L. and M. A. Company) will sell grain to-day. The D.J.C. issue a warning about laying or accepting t'otalisator odds and disallowing cash betting on the racecourse. The annual meeting of the Dunedin Bums Club will be held on Thursday evening. R. Fisher publishes in another column a challenge to wrestle any man in the colony at list. Mr John Grindley (for the Farmers' Agency Company) will sell charcoal to-day. Messrs James A. Park and Co. will sell to-day, on the premises, Scotland street, household furniture, Ac. Mr L. Maclean, for the Mutual Agency Company notify present entries for their sale of stud sheep at Burnside on Friday in connection with the ram and ewe fair.

A meeting of bookmakers and cash fielders will be held to-morrow evening to consider the Jockey Club's action re cash betting. The s.s. Inyercargillwill run an excursion trip to the Maori Kaik and outside the heads on Wednesday. John Hislop, Watchmaker and Jeweller, 74 Princes street. The oldest established house im town. Repairs of all kinds. Good assortment Watches, Clocks, and Jewellery. Spectacles to suit all sights.— Advt Marriage Presents.—G. and T. Young notify the arrival of three further shipments of new goods. Their stock of novelties is the largest in the colony, their goods the best, and their prices the lowest. Inspection invited.—[Advt.] We understand that Frank A. Coxhead, assisted by Mr John Beauchamp, is now taking enamelled cabinet portraits at the small price of 10s 6d per dozen, for one month only. A free invite to all to inspect his magnificent premises in Princes street, opposite Colonial Bank. Take the elevator. —[Advt.] Mr Hay, dental surgeon, desires to announce that he has secured and equipped, with the most approved appliances in high-class dentistry, suit able offices at 112 Princes street, immediately opposite Cargill's monument.—lAdvt.l Eden George and Co. (Limited), the leading photographers of Dunedin, who produce by far the best work in New Zealand, take one dozen beautifully enamelled cabinets in any position or style, for 15s. One price list adopted, and no extra charges are made to visitors from the country.— [Advt.]

Established over a quarter of a century. Of other sodawaters that have-come under our notice and take a very high place in Australasia, we would be remiss if we did not mention that of Messrs Thomson and Co. Dunedin.—Brewers Journal, 1890.—FAdvt.1