THE MINING ACT.

Otago Witness, Issue 1987, 24 March 1892, Page 14

THE MINING ACT.

We have more than once had occasion to criticise the new Mining Act passed under the auspices of tho 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 cf 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 we are bound 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 whevewith 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 lagging. 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 tho miuing 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 is mainly in Otago that the subjret 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 11 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 tho 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 mean that his farm might be violated by diggers and destroyed by their operations. 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 we have stated it. Now, however, comes the new Mining Act of 1891, whose cure-all viriues have been so much vaunted. Our correspondent, " who does not wish his name mentioned 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 lauds which, since the 291h 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 Crown 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 hinds alienated expressly for mining purposes), on paying full'conipensation 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 a discussion as 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 fashion '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. Cer-tain-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.

brought together a large and representative gathering of prominent mining and representative men to mark the occasion of introducing the hydraulic system of working into their claim at Munro's Gully. The new departure made by Messrs Kitto is an important one, indicating the existence of a progressive and enterprising spirit, and the desire to keep pace, so far as circumstances permitted, with the new order of things, with the change and improvement that #as fust revolutionising the whole methods and aspect of the mining industry. It is also to themselves personally a matter of the first importance, ensuring, as we hope it will, in the future larger returns and a more encouraging remuneration for their labour, as well as a stimulant to further enterprise The occasion was one well worthy ol being distinguished by exceptional circumstances, and the large number of ladies and gentlemen who responded to the invitation of the proprietors of the claim we are sura fully shared in the congratulatory sentiments and good wishes that accompanied the- ceremony. To Mr John Thompson was allotted the honour of formally turning on the water, and this having been duly accomplished in the orthodox manner, the company directed their attention to a capital spread, which Messrs Kitto and party, with commendable forethought for the comfort of their guests, did not forget to provide. Mr John Thompson, in brief but felicitous terms, proposed the toast of prosperity to Messrs Kitlo and party. Ho had.kuown those gentlemen for the past 25 years, and was happy on so auspicious an occasion as that on which they had assembled to bear friendly testimony to the industry and energy with which, under all circumstances, in seasons of prosperity or adversity alike, they pursued their labours. Such men deserve success, and he, in common with all others present, was glad to see such substantial evidences of success as they had before them in the introduction of the hydraulic system of workiug into the mine. He felt cure it wouldbe the beginning of a new era of prosperity for them, and he asked all present to subscribe to that wish by emptying their glasses. . , This pleasant request having been duly complied with, Mr Varcoc, on behalf of Messrs Kitto and party, thanked Mr Thompson for the flattering terms in which he had spoken of them, and trusted that all his kindly piedictiona'of their future would be amply fulfilled. He also thanked all the ladies and gentlemen present for their attendance, and for the friendly manner they had echoed all the agreeable and encouraging things said of himself and his T"iA.rfcv It would be impossible to overrate the difficulties which Messrs Kitto and party had to contend with in carrying out the design of supplying themselves with a system of hydraulic sluicing for the purpose of working their claim. The initial difficulties were, indeed, sufficient to deter men of less mettle and weaker fibre from at all attempting the task. But the party were determined on carrying out their intentions, and in this resolve they received not only encouragement but practical and valuable help from Mr Howard Jackson, the manager of the Blue Spur Consolidated Gold Co.'s claim. A costly process of securing water stared the energetic owners in the face at the outset ; and were it not for the kindly co-operation of the manager of the big company adjacent, the scheme might not improbably have to be indefinitely postponed ; at all events its inauguration would certainly not have been celebrated at so early a date as last Saturday. But Mr Jackson came to the rescue, and the difficulties vanished like smoke. He permitted Mr H. C. Clayton, the working manager of the Consolidated mine, to take in hand the task of supervising the work. Into no better, more able, or more experienced hands could the undertaking be entrusted. The whole work, including the erection of all the needed machinery and the laying of <W chains of piping, was [successfully ', completed m seven days from the starting. To those who understand what a work of such magnitude means, surrounded as it was with so many difficulties, this brief record will be as instructive as a volume of explanation. Working under Mr Clayton was Mr J. Uren, whom Mr Jackson also sent from the Consolidated to assist in the work, and the unusual celerity and completeness with which, in every detail, it was carried out is fully acknowledged by Messrs Kitto and party. Putting aside the personal kindness of Mr Jackson, one can hardly help remarking on the fact, bo contrary to the popular theories now current, that big companies of the so-called monopolist Bchool are capable of extending help so freely to a smaller brother in the same line. They are popularly credited with an insatiable voracity and an instinctive disposition to devour everything smaller than themselves. In this instance, as in many more that have gone unrecorded, the popular notion has been dissipated, though we have no doubt whatever it will still survive .and find vehement utterance even though it were visibly knocked out of. time half a dozen times a day. The elevators in Messrs Kitto and party's Claim, it may be added, lift the dirt to a height of 30ft, and the boxes are lined with Jackson's patent ripples.