RIVERTON.

Otago Witness, Issue 1905, 14 August 1890, Page 18

RIVERTON.

August 11.— There are few troubles we meet with in this world but what there aeems to be some compensation for. The farmers have suffered a good deal from the low price of oats, but to keep the balance somewhat even the weather during the winter has been simply magnificent. The oldest resident can hardly remember one so favourable to stock and farming work generally, and as the days are lengthening now we suall probably not have any continuance of bad weather to do aoriom harm. Then the price of stock has been very good, especially sheep. A pen of fat ewes bred by Mr M. Lutton were sold at Thornbury saleyards at 17s 6d pur head. I heard of another pen of weathers sold at Wallacetown at 20s per head. These prices put us in mind of old times. Cattle are also bringing satisfactory prices, so the farmer has some compensation for the low price of oats. Mining.— The people in this district are very muoh pleased to learn that the Wakapntu (Round Hill) Sludge Channel Company has been floated in London. The construction of the channel will give work to a number of miners, and as it progresses It will open up a considerable area of auriferous ground by giving the necessary fall and means of getting rid of the tailings, so that a large number of miners will be employed in working ground that Is known to be very rich in the preoious metal. In your last issue I saw several of the mining associations have been taking an Interest in tho suit brought hi the Warden's Court here by Donovan and others against Hennessey for fouling the water in the creek from which they lifted their water, by running tailings from his claim Into it. The warden deoided that Donovan and party, or any other person who was the holder of a right to divert water from a oreek or river, was entitled to get the water in its natural condition. The decision was based on that given by Judge Johnston, sitting in the Supreme Court, in the case of Guffie v. Christian and others It was mentioned in court at the hearing of Donovan's case that if he succended, the owner of tha first right in the same oreek, who lifts his water below the point where a large number of miners run their tallings into the creek, would be able to stop them from working thelrjclaims. This hat turned outtobeoo 1 rect. At the last sitting of the Wardeu's Court King brought a suit against Fortune nnd Cross for running tailings into tbe Taunoa oreek, Orepuki, whereby King suffered serious damage through the fouling of the water, nnd by having his water race and flumlng .filled up by sludge a.d tailiugs. Tho facts of the case are shortly as follows:- King and others own a right to divert wafer from th« creek. da,ted 1866, when there were little or no workings going on in the creek abovfl tho point whom they lift their water. Since that time a number of mint- rs have been sluicing away large areas of ground and rn'ining the tall.ngs Into the creek, theie being no other outlet for them, the owners ot tho w ater right have at various times complained of tho damage being done to them, but did not go to law on the subjeot until they saw tho result of Donovan's case, when they naturally enough sought redress in the same way. After some 20 witnesses had been exntnluud, priuoipally to show that tailings had been run into the creek for about 20 years, thus giving, as counsel for the defendant contended, a prescriptive ri^ht to run tailings into the oreek, the warden asked counsel in the case (Mr Wade for the plaintiff and Mr M'Alister for the defendants) to agree with him in stating a case for the Supreme Court, as it was a very serious matter, not only to the parties in the case but to miners generally all over New Zealand, and if he gave a decision as warden It was sure to be appealed against, and as he was also judge of the District Court any decision obtained would be very unsatisfactory; whereas if it was decided by the Supreme Courc the matter would be settled one way or the other, and at less cost even than an appeal to the District Court. This course was finally agreed to. Of course if the court decides that the holder of a water right is entitled to clean water as the law at present stands, legislation will be necessary in the matter, as euoh a deolsion would simply put a stop to mining altogether in many districts. FootbaiJi.— A football team journeyed from Orepuki to play matches with teams at Mataura and Gore. At theformer townebip they also gave a nigger minstrel entertainment, which was tnuon appreciated by a full house. They, however, did not distinguish themselves so muoh in the field, losing both matches . At Gore they not only lost the match but very nearly lost one of their men altogether, in addition to three others who were placed hors de combat. One of their men got a very severe kick on the temple from the heel of a Gore man's boot, outting a gash an inch or two in length, whioh had to be stitohed up by the doctor. Another result was a black eye of a very pronounced description. Another man had the knee of a Gore player planted in the nape of his neck, which caused suoh a commotion in his brain that he was delirious for a time, and was unable to travel till next day. The Orepuki men say that they don't think that the Gore men actually tried to disable thorn, but they have a very bad character for playing a rou^h game, and when tbe lookers-on are yelling out, "Play. rough, boys; give them h— II "as they did several times during the progress of this matoh, the sufferers may be excused for thinking that the injuries received were not purely accidental.