IMPORTANT MINING INQUIRY.

Tuapeka Times, Volume XVIII, Issue 1179, 12 September 1885, Page 3

IMPORTANT MINING INQUIRY.

An inquiry was conducted at the Courthouse, Lawrence, yesterday morning at ten o'clock by E. H. Carew, Esq. (R.M. of Dunedin, and formerly R.M. and Warden of this district) upon a petition presented to the Governor from a number of clairaholders and workmen of the Blue Spur complaining that the Blue Spur and Gabriels Gully Sluicing Oo.'s workings interftred with the proper working of the Blue Spur claims. Before entering upon the inquiry Mr Carew remarked that he owed an apology for not being present on Thursday, the day appointed for the inquiry. He was delayed owing to the papers in connection with the case not coming to hand until Thursday afternoon, the Rotomahtna by which the papers came haviag been delayed. As he (Mr Carew) wis Warden at the time the application for the special claim was made, and- being acquainted with all facts in connection with the grant of the

special 01-iim, he was asked to inquire into Ihe petition and report to the Governor. So far as he could see the inquiry would be to take evidence and thereby aicertain it the working of the Bluo Bpm claims hud in any way bern obstructed. _ Mr Finlnyson (for the petitioners) said that he had a number of witnesses to prove that the Tailing* Co. had interfered with the proper working of the Blue Spur claims. Mr Curew intimated that after hearing the evidence he would visit the ground. Mr M'Coy appeared on behalf of the Gabriels Tailings 00. Mr Finlayson called Allan M'lntosli, miner, Blue Spur, who, on being sworn, said that he had resided at the Blue Spur lor the past twenty years. The Tailings Co. had niaee! away part of the Great Extended Co.'s tailrace. About six weeks ago the Tailings Co. brought an action against the Great Extended Co. for allowing some water to flow into their paddock aud obtained a judgment ; they also applied ior an injunction to restrain them from working, but this was refused. The Great Extended Go. had to iiiipend work, oi there was no outlet for their tailings unless allowed to flow into or flumed across the Tailings Co.'s paddock, which was situated about the centre of the gully, and was 60 or 70 feet deep, 3 or 4 chains wide, and about 6 chains long. From the boundary of the Great Extended Oo.'s. claim to the Tailings Oo.'s paddock was about 90 yards. The debris from the Tailings Co.'s claim had been thrown up on either side of the gaily and also in the centre of it, thus impeding the flow of the water and tailings from the Blue Spur claims. A main tailrace (which adjoined the Great Extended Co.'s claim) was gazetted, a notification of which appeared under the hand of Mr Warden Simpson iv the Tvafbea TIHBS of the 29th December, 1870. Mr M'Coy asked that the grant of the main tailrace be produced. Mr Finlayson contended that it was unnecessary, as the special grant to the Tailings Co. showed there was a main tailra^e. Mr M'Coy questioned if there was a Main tailraoe. Such a thing was granted, but without jurisdiction, as in terms of the Mines Act, 1870, thirty days' notice was required before granting the application j whereas the application was made on the 31st October and the hearing fixed for the 23rd November. Mr Carew said this would not make the main tailraoe ultra vires. If Mr M'Coy could show that an objection to the main tailraee was put in within the thirty days, although the Warden had granted the application and refuted to hear the objection, a nvandamvs could have been applied for. Witness (resuming) said tbut tho Great Extended iJo.'s plant, which cost between £1500 and £1600 to erect, was ly ng idle. To erect a flume to carry the tailings past the Tailings Co. would cost about £300. They could get the water beyond tbeir workings for about £200, but tbey would not be able to run tiny tailings. The tuilraces of the Great Extended Co., the boxes of which were taken up about three years ago, were granted long before the Tailings Co.'s claim.— To Mr M'Coy : Tho Tailings Co. were working away the tailraces for about six months prior to getting notice about it. If the Great Extended Co. raised their boxes 2ft higher thoy comld not lift their tailings. Gilbert Ralston, miner, Blue Spur, knew the two tailraces held by the Great Extended Co. The Tailings Co. had mined away portions of these tailruces. If these races were intact the flow of water and tailings would not be interrupted so far as the Great Extended Co. is concerned. The Tailings Co. were mining away the main tailrace. The Great Extended Co. claimed to be one of the applicants for the main tailrace. At the time the application was made he was a shareholder iv the Company. His name appeared on the application. Cummiugs, who was legal manager at tho time, was also an applicant. The Tailings Co., by throwing up tailings on each side of the gully, and filling up the ground where the wa»er should flow, interrupted the workings of the Blue Spur claims. The fall for the water was considerably lessened. It was lessening before the Tailings Co. began working, but not to the same extent. There was no outlet for water and tailings from the Great Extended Co. in consequence of the Tailings Co.'s workings. The Great Extended Co. had suffered great losi on account of the enforced stoppage cf their workings. The Extended Co. would use about 700 inches of water. They used 500 inches when they were ground sluicing. Only about 400 inches would go through the boxes.

To Mr M'Coy : We never comidered the tailraces abandoned. We always intended to use them. They hare been used within the last three or four years. Hales and Hinde's tailrace has been used within three years for running water from the machine. Our legal manager gave notice to the Tailings Co. some months ago to desist mining away our tailraces. At we considered their grant subject to our rights, we did not think it necessary to take any further aotion. - We did not wish to interfere with the working of the Tailings Co. We could not run tailings on (he west side of the gully. It would coit about £300 to carry fluming past the Tailings Co.'s workings. To Mr Finlayson : The Tailings Co. did not cease to mine away the tailraces when they received notice to desist ; they were mining them sway still. ' John Morrison, legal manager of the Great Extended Co., said that he gave the legal manager of the Tailings Co. notice in December last to desist mining away the tailraces ; but they directed their operations more pointedly at the tailraces after rectiring the notice, and had continued to do so ever since. If the Great Extended Co. had their tailrtcos intact they would be able to go on with their workings ; but the Tailings Co. by mining away theie races had completely prevented ; their working. There was no possible permanent outlet without considerable expense, which he did not think they were entitled to bear through the aotion of the Tailings Co The workings of the Tailings Co. made it impossible for the Great Extended Co. to discharge water and tailings except into the lailing Co.'s boxes. Their boxes-were set on the line of Hales and Hinde's tailrace. It was very doubtful if the pressure of water available would lift the stuff to the boxes. It might be found necessary to lower them. ! Witness explained that what he staled in the previous case was that at trifling expense boxes could be placed so as to allow the water to flow into the Tailings Co.'s paddock and down their tailrace. He did not state that provision could be made for tailings at trifling cost. Wore they to run tailings down the -western. »\do of tk« galljr th«y wgalst obstruct the working of the Nelson Co., aud interfere with numerous residence areas. The Tailings Co. had piled tailings orer the road— more there than anywhere else. The Great Extended Co. dare not work, as by so doing they would damage somebody. The opportunities for stacking tailings were eren worse on the east side, lhey could not work for one week without interfering with other races. To Mr M'Coy : Had nerer been or wa» not now a working miner, but did understand a little about mining. He gave his opinion in reference to the water presmre on the authority of Mr M 'Queen, a hydraulic engineer. No estimate of the expense of providing an outlet was erer submitted by him to Mr Arbuckle. Hb spoke to Mr Arbuckle, and made the same statements to Mr Adams the same day. Samuel Johnston, manager of the Perse verance Co., said tlmt tlin Tailings Co, had obstructed the fljw of witter and tailings from their workings, and from all the Blue Spur claims. They did so by stacking tailings on both sides of the 'gully, and by taking out"

> large paddock in the centre of the gully. The Perseverance Co. had to build a wall to enable them to ?et rid of their tailings. Wm. Johnston, manager of the NHson Co., snid that the Tailings Co. did interfere to a certain extent with the workings of the Blue Spur claims. The Tailings Co. had lodged an objection I o an appMeation for an extension of fheir tnilraoe by the Nelson Co., and had broken awny another race in several plaew. James Campbell, manager of the Orago Co., laid that tbe i'nilings Co. was interfering i with the working of the Bluo Spur claims by lifting and depositing stuff «o as to raise the j gully. Stuff wus shot out on the o.ist side, which, iv time of flood, damned back stuff that would otherwise be carried away, and so raised that part of Cho gully more than the working of the Blu» Spur claim* would do, Wm, Peters, blacksmith for the Tailings Co., said that he had boon at Bluo Spur for thirteen or fourteen years. Hales and Hinde continued to use the tailrace after they left off sluioing. The underground workings destroyed put of (he race, so that pipes had to be used to carry the wattr from the turbine. Tht tniirs.ee wm now from sft to 10ft higher than the old tailrace. If the ; Great Extended Co. extended thoir fluming ' thoy could go right down the gully without interfering with the Tailings Co. It might ; interfere with the working of Ihe Nelson Co., but be did not see that it would. His opini. n ' was that the tailings in the gully were decreasing. The Tailings Co. cut up all the clay and dirt in the bed of the gull}, which went away as mud, acd reduced the tailings rather than inoreased tham. He could not see how the working of the Tailings Co. could in the least impede the working «f the othor companies' claims. The sluicing Co.s contributed largely to the increase of tailings. This was all the evidence.

Mr Carew, in compauy with Mr Revell, and Messrs Arbuckle and Peters (for the Tailings Co.)and Messrs Morrison and S. Johnston (for the Great Extended Co.), visited the ground in person yesterday afternoon.