TO THE MINERS OF NEW ZEALAND.

Otago Witness, Issue 2008, 18 August 1892, Page 14

TO THE MINERS OF NEW ZEALAND.

(Per Favour Otago Witness.)

Gkntlkmen, — I lay my caBO before you, as the decision of the warden at Riverton not only affects me but is of serious consequence to all miners who, like myself, have to prospect further back in the country for new and payable ground. I hold a right to lift water (dated 1874-) in the Taianoa creek, Orepuki, ono of the principal sources of the water supply here, and three years back, having found payable gold up tho creek, I^started to sluice it. On the 25th April 1890 I was charged by a company of miners, holding a water right dated six or seven years previous to mine, with running tailings into the said creek and fouling the water, to their detriment and loss. The charge was dismissed, the warden saying that "it could never bo allowed that I should be debarred from working, for from the evidence brought before him if two mei> held rights at the bottom of a creek they could prevent the whole of the country above being worked," or words to that effect. On the strength of this decision I continued working, feeling safe, but at the end of July I %vas again summoned by the same parties, on a charge similar in effect, but worded slight^ different, and was fined L2O damages and costs Ll3, with an injunction for two years. I paid that, but petitioned the Government for redress — and fully entitled to ifc was I, after having been directed by the warden to work and three months after being fined by him for doing what he told me I was perfectly free to do. The Government at length refunded the money. On the 20th January this year I transferred my title under the new act, and by legal advice again went to work, and continued so until recently, when I was again sumnr.oned by the same parties charged with running my tailings into the creek eight chains above their head race. The result of this case was that I have to pay L34damages, and costs L 7, with an injunction to cease running tailings in the creek — virtually meaning cease working. Now the terrace I have found to be auriferous extends for nearly three miles, and would give employment for at least 50 men. I had a fair livelihood, and there was one for my sons after me, yet until tho lav/ is altered I may not work. Now, I have been fighting single-handed against a comparatively wealthy clique for the last three years. My case has been quoted by many mining associations, and it has been indirectly one of the causes of the present clause under discussion being introduced into tho Mining Act;. To apply for a rehearing of my case in the Dibtvict Court and to take it to the

Supremo Court will cost far more than 1 have, and I appeal to the miners of New Zealand for help, as it is a tett case, and of the greatest importance to the whole mining community, and will show, once for all, whether a man who endeavours to open out new country is to be debarred from earning his living, because water rights granted 25 years back are in the hands of men who not only wish to monopolise all payable ground below, but to prevent anyone from working above them. It may be urged that existing rights should not be interfered with, but I have proposed, and always been willing to co-operate with them, to build a sludge dam, when no pretence of damage, beyond slightly coloured water, could ever have been preferred, but they would not listen to any such arrangement. I must regret thus being compelled to ask fellow minors for assistance, but I feel sure that many of those who may bo in a similar position to me will help me. I am not asking for charity, for if I succeed every shilling that is sent mo now shall sooner or later be returned. As soon as I can get sufficient to make a start I shall continue with my case, aud shall bo very thankful for any subscriptions that may be sent to me, which I will acknowledge through tho Otago Witness. — Yours respectfully, Michael Hennessey. Orepuki, Southland, August 1892.