The Westport Times AND CHARLESTON ARGUS. SATURDAY, AUGUST 22, 1868.

Westport Times, Volume II, Issue 331, 22 August 1868, Page 4

The Westport Times AND CHARLESTON ARGUS. SATURDAY, AUGUST 22, 1868.

Just in proportion as mining properity becomes more valuable, so does litigation in reference to its possession become more prevalent, and in this district we are beginngirig to be made more conscious of it. A week or so ago one of the most importaut dfsisious that has been given in the A\ r ardens Court here, was delivered by Dr Giles, in reference to the newly opened ground at Giles' Terrace, and whilst it has given unbounded satisfaction to what we believe areamajority of miners, there are many who take exception to the ruling there laid down. This is of course inevitable whichever way the judgment had gone. If there is any blame whatever, it does* not belong to the Warden, who interpreted the rules equitably and justly in onr opinion, but in the vagueness of the regulations by whichi !ie°had to be guided. The whole :rontage question was opened up, and n a country where so large a proportion of the auriferous ground •onsists of terrace workings, the importance of this in mining matters can :carce!y be overrated. Again, the; r ery unusual character of the leads 1 >~ ±Lia ~Anflj-. rpruiires more special!

regulations than in many other place 5 and it is not likely that rules frame as those in force at present were, can meet the requirements of the district as they would do were they more fully discussed, and by more practical people than previous fram era could be expected to be. There are many other mining nuts that the Wardens must find it hard to craek,°having only the aid of the said rules to assist them, and is only surprising that the gentlemen entrusted with ihe adminst ration of mining justice make so few mistakes as shown not only by rare appeals from their decisions, but by the higher Court, on almost every occasion, confirming the origiual judgment. It is very certain that the time has cornel for the miners to make their own rules,) as for the Wardens to administer them, but this can only be done by the, establishment of Mining Boards. The question has been agitated months ago, but nothing came of it at that time, though it was unanimously decided by all the mining centres that the time for this had arrived. Unfortunately however, the skiec opinion was not entertained at head quarters, and so the subject dropped, and a Mining Conference, to which only one place sent delegates, was substituted. This, we considered then, and subsequent events have proved it, was a mistake, for had all the districts responded to the invitation, a far more suitable code of rules would probably be now in operation, and the Mining Board have been neither hastened nor delayed. That however, is past and gone, and it is no use referring to it further. The question remaining at present is, that the rules as at pi'esent constituted have been tried and found wanting in many essential respects, and it is the duty as well as the interest of the digging community, to see that they are amended by a thoroughly competent body of men, such as are certain to be gathered by the formation of Mining Boards. As the Superintendent has in fact, through his representative, refused the boon, an appeal through our members and by memorial, should be forwarded to the General Assembly, and we venture to say, that within "a very short time of the receipt of such a petition, or rather petitions, for they should be sent fiv>m every place, the prayer contained would be granted. Agitation on the subject at this time would bear good and darly fruit, and the reasonable nature of the demand, at once we feel assured, bo frankly and freely admitted by at least a large

majority, if not nil the members. Mr! Curtis would he able then to give liis reasons for his previous refusal, but we arc much mistaken if he could persuade the Assembly that such institutions were not needed. The Nelson SouthWest goldflelds, notwithstanding the drain that they have suffered and are now suffering from rushes to Queensland and the Auckland goldfields, were ne\er in a healthier state than they are now. New ground is being almost daily opened to the north, in addition to the profitable working of the older fields, and Mining Boards or some bodies aualagous in powers, are become an absolute necessity. The miners have the matter in their own hands. If they choose to petition the Assembly, and lay the grounds of thoir demand fully and fairly before the Assembly there is little fear of a denial ; if on the other hand those most interested refuse to take that amount of trouble, where their own interests are so largely involved, they must be prepared to put up with any loss or inconvenience, that their indifference must of necessity beget.

A IAEGE number of the mining population at Charleston will read with. no. little alarm the ruling of Judge Clarlcel on a case submitted to him yesterday by Warden Broad, under the 78th,, section of the Groldfields' Act. From the statement made by the Warden, it would appear that a number of extended claims on old worked ground, that has not been proclaimed, have been granted on registration certificates, and what is more quadruple, ground has been granted, whereas even under the mining rules then in force, double the groutid is the utmost limit allowed unless it has been surveyed, notices posted, and £5 deposit paid. Even if four mens' ground can be held at all, it can only be by strict compliance with these conditions, and the Wardeu informs us that such is not the case, and appeals to his Honor for an opinion on the subject. Nothing could be clearer than tbe reply, which is simply that those in possession, though holders of certifcates of registration, have no right whatever to it, and that to secure themselves, they must begin de novo, make fresh applications, have a survey, post notices, and pay their deposib, as though they had never held the ground at all. Tne effects of \Ma v%ill, we fear, be /ery serious to many, for by the energy md industry of the holders, many arge claims that were thought to be ■vorth but little, have been thoroughly opened up, machinery has been erected q tliem, and a large outlay both of capital and labor expended. The consequence has been, that several rich patches have been discovered, and on auother application being made for the same area, there will be no doubt opposition, as plenty of small parties will be anxious to obtain a slice of the good ground and will oppose it being granted again in quadruple claims. Still, whatever the consequences, so it is, and the only question now is, who is to blame and on whom will fall the loss if such occur ? As to the latter query it would scarcely need a conjuror to say, for it is very cer-i tain that the certificate holders will bel the sufferers. On whose shoulders the fault of such irregularity rests is more difficult to determine. No doubt in the first instance the miners themselves were at fault in not making themselves better acquainted with the rules in force, but in the second, those who issued the certificates, should certainly have seen that areas, four times the usual size should not be allowed till the regulations had been complied with to the letter. That there has been, to say the least of it, singular carelessness on all sides is certain, and that these holdings should have been worked without question for twelve months, is extraordinary We shall be curious to learn what the Charleston miners will thinkon the subject.

Yeaterday was another pouring day, and a fresh came down the river though by no means a formidable one. The high spring tides however, added to this, brought the water bank high,and washed the doors of some of the houses on the Esplanade. The recently erected protection suffered severely where the hollow was left, the water working in and out and taking out sand wholesale with every wave. Along the whole bank higher up, yards of earth have fallen in, and opposite Wallabi street nuge cakes of recently solid ground were detached from the bank. The river bank protection is one that demands the utmost and most immediate attention, for it is quite certain if the necessary works are not executed shortly, that the whole of the houses in Wharf street will soonhave a river frontage equal if not superior to Morey's.

We do not know whether any ol the extended claims at Addison's have, been granted in the same loose way that has been customary in Charleston, but if they have, we should recommend their holders to lose no time in securing them as suggested by his Honor Judge Clarke. Not long ago, Dr Giles, in speaking of the weather, congratulated the Westport public on having a wet summer, as had it been otherwise, he thought that fat d fevers would have been prevalent, owing to the scores ol sources of disease in the shape of nuisances that exist in the town. During the last few days of fine weather that we had, the truth of his opinion was made abundantly manifest, and a great deal of illness quickly arose. The swamps in Bright, Wallabi, and other streets were nearly dried up, and the stench arising was something horrible in places. In addition to this, the thousand and one pigstyes which are more specially located at the other, the seaward side, of the town became highly odoriferous and were enough in themselves to create cholera. There are a number of pigs kept in the immediate vicinity, indeed in the middle of dwelling houses in this locality, and it certainly devolves on some one in authority to compel pig-owners to keep the styes of their favorites from poisoning the atmosphere around them, or better still, to keep them where they cannot be a nuisance and a danger to the community. If this is not attended to, just as surely as fine weather sets, seeds of serious illness and possibly death, will be by these means sown.

The telegraph apparatus is all being fitted up in Westport and the posts are nearly if not quite all fixed. In another week we believe communication will be perfected, and will be a boon, that living in the state of benightedness we at present are, we should warmly appreciate. Mr Wakefield, we understand, will have charge of the station here.

We are again withoutnews other from E laces, the vessels expected no doubt aving been compelled to shelter faom the weather of the last two days. We ought to have the Kennedy at least, if not more in, to-day. The " Celt" newspaper is again causing the •' West Coast Times ' : disquietude. Our latter contemporary says, that the Government should " at once lay an information against the printer and publisher, who, with the warning of last session before his eyes, has dared more seriously than ever to transgress the law." The ' Times ' says :—" The articles are of a mischievous character, and unquestionably have the taint of seditious libel. The issue of last Thursday teems with sedition, and such writings, if published in Great Britain or Ireland, to say nothing of continental nations, would have ensured their author a speedy lodging in a public gaol. Apart from the insult to the Government and to every loyally disposed person in the colony, the direct tendency of this publication is to bring about breaches of the peace of a serious character. These articles in the Gelt have a direct tendency to stir up bad blood between the races, and endless •fights and disturbances will be the result. But it is the seditious character of the writings thatis the principal cause of offence, and it would be a crying disgrace to any country under the British flag to permit the authors to go unpunished."