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Pages 1-20 of 407

Pages 1-20 of 407

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Pages 1-20 of 407

Pages 1-20 of 407

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1910. NEW ZEALAND.

WAIHOU AND OHINEMURI RIVERS (REPORT OF COMMISSION APPOINTED TO INQUIRE INTO SILTING OF); TOGETHER WITH MINUTES OF EVIDENCE AND EXHIBITS.

Presented t<i both Houses of the, General Assembly by command of Uin Excellency,

INDEX TO REPORT.

Page Boundary-limits of Ohinemuri [ .. .. ix Thames County jurisdetion aud of Thames Harbour Board ix Borough Council, VVaihi, aud gol i duu .. xxvi rental and overdraft .. xxvi . „ and Paeroa-Waihi Koad xxvii Commission.. .. .. .. .. iii Compensation, compassionate .. .. xiv source of .. .. .. xiv scale of, and of partial los- .. xiv temporary loss, none .. .. xiv contributory negligence of farmers xiv County Council, Piako .. .. .. X xiv Ohinemuri, and gold duty .. xxvii County of Ohinemuri and rating area .. .. xxvii Cost of works proposed, estimate 6160 000 .. xxviii annual expenditure, estimate £10,000 .. xxviii Cyanides present in rivers .. .. x ii Damage, personal investigation by C mmissiouers vii Disposal of tailings, sundry schemes .. .. xviii Dlvi rsions of rivers .. .. .. ~ xviii Waihou River, Ngararabi to Te Koutou cut .. .. .. xxii Ohinemuri River, Pereniki's Bend cut xxi Waihou River to Piako River, danger of .. .. .. .. xvii Drainage, Gordon Settlement and Shaftesbury .. xv Ecard .. ~ XX viii Dredging river, required in Waihou, north of Te Puke xvi „ rivirs .. .. ~ ~ xviii Thames Harbour, probable .. .. xvi required generally .. .. .. xx Dredges, suction, required .. .. .. xxiii Execution of work by Public Works Department, proposed .. .. .. .. 11 xxiv Floods, upper Waihou .. .. .. x at Paeroa and opposite Paeroa xii below Paeroa .. .. x jj natural .. .. ; x synchronous .. vjjj Flood-gates .. .. .. .. xx Finanoe .. .. .. .. .. xjjx

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Fishing industry .. .. .. _ _ xx j x Gold fluty bear half-cost of propos* <1 works .. xxiii revision of distribution .. .. xxvii Harbour, Thames, district of .. .. .. xx j v Interests represented at inquiry .. .. v Inquiry, prior, in 1907 .. .. .. V ii Komata Creek .. .. xx Land areas affected .. .. .. x \\\ „ survey of areas affocted .. .. xiii Lands, damage done to .. .. .. x iii total destruction of .. .. », x jij „ partial destruction of .. .. .. x iii temporary damage to .. .. .. x jij Native .. .. ~ xx j rates should be collectoa .. xxvii Logs, sunken, to be removed from bed of river and charged for .. .. .. xx jjj Meanders, Ohinemuri River .. .. .. x . Mining ddbris, deposit of, in river .. .. X x Navigation .. ~ , ' xv „ - effect of tailings on .. .. xv extent of, in Ohinemuri River in 1895 xv upper Wait.ou .. .. .. xv, xvii termination below Te Puke in future, proposed ~ .. .. xx jj Overflow, Awaiti Lagoon, Netherton floods .. viii Plant and appliances required .. .. xx iii Proclamation, revoking .. .. ~ xlx repeal of .. .. . _ xx 1895, sludge channel .. .. x Public evitlr .. .. _ _ _j Rainfall Waihi Basin exoea ive, March (1910) flood viii Rating on mines, proposed .. .. xxviii lands, proposed .. .. .. xxviii Reduction-works existing .. .. .. xv jjj Report submitted .. .. . )\i iiii reference to heads or clauses .. .. jjj clause 1, lands affected .. .. x 2, navigation affected .. .. xv 8, remedial measures .. .. X y n ' » i, finance .. .. xxiii 5, anything else suggested .. xxix

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Page Restriction, use of river as sludge-channel, proposed xvii watercourse to disoharge slimes xix River-claims and interpretation of licenses, PaeroaWaihi Gold-extraction Company .. xxi, xxii River Board, Ohinemuri, and dissolution .. xxiv new, proposed, and jurisdiction .. xxv „ „ constitution .. xxv revenue .. .. xxv River-oharacteristics .. . ■ vii Rivers, nomenclature of .. .. vi Sand-deposits, Ohinemuri River xi in bed of Ohinemuri River .. xi Sands of upper Waihou; sands sold in Auckland xv, xvi Sand-depositing ground .. .. .. xxi Sands in Ohinemuri River, prompt removal necessary xxii upper Waihou, scour .. .. xxiii Shoals, Thames foreshore .. .. .. xvi Shoaling, lower Waihou .. .. xv Junction to Te Puke .. .. xv Shoals of Thames Harbour hardening .. xvi Settling-basin scheme .. .. .. xix Sitting of Commission in Auckland .. .. v, vi Paeroa .. .. v Thames .. vi Silts, report on, by Agricultural Department .. xdi Slimes, to be compulsory in future .. xi „ carried in suspension.. .. xii , barm caused by, and damage to cattle .. xii their cutting nature .. .. .. xviii definition of .. .. .. xix effect on rivers .. .. .. xix State of river from Junction to Te Puke .. xvii Stope-filling with tailings .. .. .. xix Stop-banks .. .. .. .. xviii,xx land for, to be dedicated free of cost xxi

Page Stop-banks, access over, to river .. .. xxi Ohinemuri River, extent of .. xxi forming roads alongside rivers .. xxi upper Waihou .. .. .. xxiii Thames Harbour Board District, how provided for .. xxiv Summary .. .. .. xxix, xxx Tailings, deposit of .. .. .. ix damage by, recent floods detrimental.. x volume of, and fine-grinding to slimes x carried to sea .. .. .. xii hardening effect of, on bottom .. xvi discharge to sea .. .. .. xviii staoking .. .. .. xviii pumping with closed pipe .. xviii discharge by open ohannels, pipes, or by railway .. .. xviii, xix Tidal limits, and extent of tailings in Waihou River ix effects, Junction and upper Waihou .. xvii Tree-planting .. .. .. xviii, xxix Visits to Thames, Waihou River, and Waihi v local .. .. .. .• vi Vessels trading to Paeroa, Junction Wharf, Te Puke Wharf .. .. .. .. xv, xxv Waihi-Paeroa Gold-extraction Company (Limited) xi.xxi Watershed, Ohinemuri River .. .. .. viii Waihou and Piako Rivers .. x Waihou - Awaiti- Piako, survey of, wanted .. .. .. xxiii Willow-planting .. .. .. .. vii Willows, Ohinemuri River .. .. viii removal, Junotion .. .. .. xvii ring-barking .. .. .. xiii removed .. .. .. .. xviii Witnesses .. .. .. .. .. vi

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(JO MAI ESSION. Plunket, Governor. To all to whom these presents shall come, and to William Ferguson, Esq , oj Wellington, civil engineer; Frederick Robert Flatman, Eg of Geraldine farmer; Edwin Mitchelson, Esq., of Auckland merchant and Charles Ranken Vickerman, of Wellington, civil engineer ' Whereas by a Proclamation, dated the twenty-fifth day of March eighteen hundred and ninety-five, the Waihou and Ohinemuri Rivers, in the Ha rat Mining District and the Auckland Land District, were, in accordance witl c Mining Act then in force, duly proclaimed as watercourses into S telWs waste water, and mining debris from mining claims in their vicinity migKe discharged : And whereas it is now claimed that by the operation of th § c said Proclamation landowners in the vicinity of these rivers are injuriously affected a rid that the navigation of the said rivers is impeded ■ m,-m2.°S M ere v re j Lee, Baron Plunket, the Governor of the Dominion of New Zealand, in pursuance of all powers and authorities m anywise enabling me in that behalf, do hereby appoint you, the said V William Ferguson, Frederick Robert Flatman, Edwin Mitchelson, and Charles Ranken Vickerman to be a Commission to inquire and report as to (1.) Whether any and what lands are injuriously affected by the operation of the said Proclamation; ' (2.) Whether the navigation of the said rivers is, or is likely to be seriously impeded from the same cause; (3.) What, if any, remedial measures can be adopted without injury to any other persons, corporations, or interests(4.) What proportion of the cost of carrying out your'recommendations should be a charge against the revenue derived by any local bodies from the mines interested in the use of the said watercourses(s.) And generally to report your opinion on all matters arising- out ot or touching the premises. Wi ,f nd ™ th the + lik , e a i* vice and consent Ido further appoint you, the said William Ferguson, to be Chairman of the said Commission And for the better enabling you to carry these presents into effect you are hereby authorized and empowered to make and conduct any inquiry under these presents at such place or places in the said Dominion as'you may deem expedient with power to adjourn from time to time and from place to place as you think fit, and to examine in such manner as may lie allowed by law any person or persons that you may think capable of affording you any information in the premises; and yon are also hereby empowered to examine all such books documents, papers, maps, plans, or records as you judge likely to afford you the'fullest information on the subject of this commission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever; and also to use the evidence taken in the course of any previous inquiry touching the premises ii—C. 14.

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And using all diligence, you are required to report to me under your hands and seals'your opinion resulting from the said inquiry in respect of the several matters and things inquired into by you under or by virtue of these presents within one month from the date hereof, stating in such report what steps (it any) it would, in your opinion, be expedient to adopt under the circumstances which you find to exist, and in what manner effect should be given to such recommendations. . , ~ . . „ „ „ And it is hereby declared that this commission shall continue in full force and virtue although the inquiry be not regularly continued from time to time by adjournment, and that you, or any two of you, shall and may from time to time proceed in execution hereof, and of every power, matter, and thing herein contained. As witness the hand of His Excellency the Governor this fourteenth day of May, nineteen hundred and ten. R. McKenzie, Minister of Mines.

BEPOET. To His Excellency the Right Honourable John Poynder, Baron Islington, Governor and Commander-in-Chief in and over His Majesty s Dominion of New Zealand and its Dependencies. May it please Your Excellency — The commission intrusted to us directed our attention to inquire into and report on the following matters : — Reference. (1) Whether any and what lands are injuriously affected by the operation of the sludge-channel Proclamation of the 25th day of March, 1895; (2) Whether the navigation of the Waihou and Ohinemuri Rivers is, or is likely to be, seriously impeded from the same cause; (3.) What, if any, remedial measures can be adopted without injury to any persons, corporations,"or interests; (4) What proportion of the cost of carrying out any recommendations we may make should be a charge against the revenue derived by any of the local bodies from the mines interested in the use of the said watercourses; (5.) And generally to report our opinion on all matters arising out of or touching the premises. Having now concluded our investigations and inquiries, we have the honour to submit to Your Excellency our report on the several matters referred to us. The time for presenting our report was extended by His Excellency the Administrator of the Government, Sir Robert Stout, K.C.M.G., for one month, to 14th July, 1910. Sitting, Auckland. On receipt of the commission of the 14th May, 1910, the Commissioners proceeded to Auckland, and, as previously publicly advertised in the newspapers, attended at the Departmental Buildings there on luesday, the 17th, and Wed-

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liesday, the 18th May, at 10 a.m. each day, to meet persons interested in this important inquiry, and generally to arrange for the taking of such evidence as should be voluntarily tendered. On our assembling there on the 17th May we found that five of the principal interests concerned had arranged to be represented by counsel, as follows : — Interests represented at Inquiry. Mr. T. Cotter and Mr. T. A. Moresby for the Ohinemuri County Council and River Board. Mr. R. McVeagh and Mr. E. Clendon for the Waihi Borough Council. Mr. M. Myers and Mr. C. J. Tunks for various mining companies. Mr. A. Hanna for the Waihi-Paeroa Gold-extraction Company (Limited). Mr. F. H. Mueller for the Ohinemuri River-silting Association. Mr. Hanna also appeared for the Karangahake Miners' Union. At a later date Mr. A. Bruce, Secretary to the Thames Barbour Board, appeared for that body, and for the Thames County Council and the Thames Borough Council. The representation by counsel of various public interests at first appeared to the Commissioners to be unnecessary, and it was pointed out by them that they did not look on the inquiry as a judicial one, in which the evidence must be subject to close sifting and cross-examination, but rather that the evidence was to be voluntarily given, and that the Commissioners would personally visit the places affected, and endeavour to form their own judgment from personal observation as well as from the evidence obtainable. However, as the principals pressed that counsel might be permitted to appear, urging the importance of the interests concerned, and stating that they hoped to place the evidence in a clearer manner before the Commission by the assistance of counsel than they could do without, no further objection was made by the Commission. By the general wish of those attending, and with the approval of the Commission, it was then arranged that Paeroa should be made the chief centre at which the Commission should sit for the taking of evidence, and that other places, as the Thames, could be visited as required. Sittings, Paeroa. The Commission then adjourned on Wednesday, having intimated that they would sit in the Courthouse at Paeroa on Monday, the 23rd May, at 10 a.m., to take evidence, and that in the meantime the Commissioners would visit the rivers and districts concerned, so as to make themselves familiar with the local conditions. Advertisements were inserted in the local papers, inviting all interested persons to attend and to give such voluntary evidence as they desired. Visits to Thames, Waihou River, and Waihi. The Commissioners accordingly left for the Thames by steamer on Thursday, the 19th May, inspected the Thames Harbour the same day, and proceeded by train to Paeroa that evening; next day the Commissioners spent in a launch on the Lower Waihou River, and examined its banks and the adjacent lands from the Junction down as far as Hikutaia; returning in the launch, which drew some 3 ft of water, from the Junction up to the Ohinemuri Railway Wharf at Paeroa at high water. On Saturday, the 20th May, the Commissioners went by early train to Waihi, returning to Paeroa by the road, and examined the batteries at Waihi, Waikino, and Karangahake, and the Ohinemuri River generally between Waihi and Paeroa. Local visits. Many other visits were made during the time the Commission sat at Paeroa, from the 23rd May to the 3rd June, to special places referred to in the evidence,

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VI

including Netherton; the Rotokohu Swamp; the Upper Waihou; the Awaiti Lagoon; the drains south of Te Aroha, near Shaftesbury; the Upper Waihou River, from Te Aroha to Paeroa ; the Ohinemuri River, between Paeroa and the Junction; the site of proposed diversion cuts in the Waihou and Ohinemuri Rivers; the Komata Creek and Komata Reefs battery; and various damaged farms, and other places. Nomenclature. In this report thai portion of the River Waihou lying above its point of junction with the River Ohinemuri will be called the " Upper Waihou." The term " Junction " will be applied to the existing confluence of the Rivers Upper Waihou and Ohinemuri, at a point about four and a half miles by the waters of the Ohinemuri River below the Paeroa-Te Aroha Traffic Bridge, in the Township of Paeroa., and being only some one and a third miles by roadway from the same bridge. The term " Lower Waihou " will be applied to the river below the Junction to its mouth, where it debouches at Opani Point into the I tauraki Gulf. Thames sitting. To meet the convenience of witnesses at the Thames, the Commission held a day's sitting at the Courthouse there, on Saturday, the 28th May, chiefly so as to enable the local fishermen to give evidence on the alleged injury done to the fishing industry by the presence of mining tailings and slimes in the Thames River, as the knver reach of the Lower Waihou is locally called. Auckland sitting. On the 3rd June the Commission concluded taking evidence at Paeroa late in the afternoon, and left by night boat for Auckland, and continued there taking evidence at the Departmental Buildings and consulting till the 10th June, when, no further evidence being offered, and counsel having given addresses, the Commission adjourned to Wellington to consider and prepare its report. Witnesses. Evidence was given by some ninety-two witnesses. Of these, thirty or more were settlers and Maoris interested in the lands more or less affected by the floods; and in several cases these witnesses represented and spoke on behalf of adjacent owners. Six witnesses gave evidence at the Thames relative to the fishing industry. Evidence was given at Paeroa and at Auckland by county and borough officials; by the managers and officers of mines now discharging tailings into the Ohinemuri River; by independent civil and mining engineers on the subject of the rivers, their watersheds, rainfalls, and floods; by analytical chemists and others on the samples of silt and other materials submitted to them; by mining experts on proposed schemes for remedying the injuries caused by the present method of disposing of the tailings; and others. Full particulars of this evidence, and of the various exhibits, some ninetyseven in number, will be found in the copy of the evidence and list of exhibits attached to this report. In order to receive the large amount of evidence tendered in the short time at the disposal of the Commission, it was necessary to sit for long hours during the day, on holidays, and on several occasions in the evening, and to make the visits of inspection in the early morning before the usual time for sitting. Public evidence. The evidence of witnesses was taken in public by examination by counsel generally, and by such further examination by the Commissioners as they desired. The Commission also had informal conferences with counsel, with mining experts, and others, for the purpose of both shortening the proceedings and of determining conclusions which would be of an acceptable character to all the varied interests concerned, as well as to the Commissioners themselves.

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We have much pleasure in placing on record our appreciation of the valuable information and assistance given us by counsel; by the witnesses; by officers of the Government, of the local bodies, and of the mining companies respective!) ; and by those private individuals and professional men wdio tendered their evidence. A great amount of interest has been taken by the local public in the inquiry, and a large number of persons attended every sitting. Full and accurate reports have appeared in the Auckland newspapers and the local Press. Personal investigation by Commission. The Commissioners, as far as was practicable, personally visited every locality and farm mentioned by the witnesses, and satisfied themselves as to the accuracy or otherwise of the statements volunteered by the farming representatives as to the damage incurred through the floods, and they had conversations with numerous persons who did not give formal evidence. They desire to place on record their appreciation of the accuracy with which the evidence as a whole was given, and to point out that, although the evidence was not given on oath, there did not appear to the Commissioners to be any desire to overstate grievances. Prior inquiry. The Commissioners had before them the evidence given in 1907 before the Goldfields and Mines Committee of the House of Representatives (published as Parliamentary Paper 1.-4 a), as well as various departmental reports bearing on the subject of their commission and cognate questions. River characteristics. The following are the characteristics of the Rivers Waihou and Ohinemuri . The main river, the Upper Waihou, has a northerly course, rising near Lichfield, some sixty miles to the south of its junction with the Ohinemuri. It drains the western side of the main Te Aroha and Tauranga range of mountains and the flats adjacent to the river—in all, about 280,000 acres. The rainf'ali on this area is moderate, amounting to about 40 inches yearly. Floods in this river, before the bush was cleared off and drains were made through the flats and swampy lands of its basin, used to take three or more days to reach the Junction. Since settlement has taken place on these upper areas the bush has been cut down, and the swamps and the low-lying grounds drained to a considerable extent by very many miles (possibly amounting in all to hundreds of miles) of drains. The rain-waters, instead of taking w r ecks to gradually soak out of the bush, swamps, and lagoons, now come down more quickly and in much greater volume, and therefore more rapidly fill the river-bed than formerly. The sectional area and inclination of the river, which may or may not have been sufficient in a state of nature to unwater the district without serious flooding, is now quite insufficient to provide for the more rapid discharge caused by these operations of man in deforesting and draining the country. Not only have the works of settlement caused the rain-waters to come off more quickly, but the cutting of drains in the light soil existing in a large portion of the basin of the Upper Waihou has tended to rapidly carry into the river large quantities of light volcanic and pumiceous sands and silt, which have tended to block this watercourse, and raise its ordinary level in relation to the surrounding lands. Willow-planting, As Nature tried to reproduce a section of sufficient area to carry off the flood-waters by the erosion of the river-banks, the settlers, seeing their lands on the river-banks being cut away, tried to protect their losses by the planting of large masses of willows. These willow plantations have not been kept within any reasonable bounds, and have resulted in a reduction of the naturally too small cross-section of the river. The river is choked, both on the banks and in places in the bed, by masses of willow trunks and hranches, with the result that

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the normal flow of the river is retarded to a serious degree by the contraction of the channel, so that the ordinary level of the stream is raised, and insufficient room is left for the additional waters brought down in times of flood; also by the presence of the willows the velocity of the flow is decreased, with the sequel that the flood-waters rise to greater heights than they would have done in a natural state. The floods therefore overflow the banks at all low places, and, by backing up the artificial drains and creeks, flow over the adjacent lands, which in many cases are below the level of the lands of the actual river-bank. Overflow Awaiti Lagoon. —Netherton floods. There is an overflow to a serious extent at a swamp on the west side of the river, some couple of miles south of the Tirohia Railway-station : the waters top the low bank, and run across the low lands into the Awaiti Lagoon and Creek, which are tributary to the Piako River. When the Piako is in floodwhich probably occurs at the same time as the Upper Waihou is in flood—these surplus waters, being unable to drain to the Piako, flow over low-lying lands at the back of Netherton, flooding these lands, and finally find their way into the Lower Waihou near Netherton. These floods, were they of short duration, would be of but little detriment to the farming lands covered, as any silt they may bear would be of an alluvial character, and not likely to do harm to the lands flooded; but, owing to the increasing frequency in numbers, the matter is a serious one to the farmers affected, and must be provided for. Synchronous floods. The floods in the Upper Waihou sometimes occur in conjunction with those in the Ohinemuri, when caused by easterly weather; but the Upper Waihou floods are often the result of westerly and northerly rains, which do not affect the Ohinemuri so much. Ohinemuri watershed. The Ohinemuri River, which is the only important affluent of the Waihou, has a comparatively small watershed of about 90,000 acres, contained in a basin in which it rises, and in which the Townships of Waihi and Waikmo are situated. It flows in a generally westerly direction, having a rapid fall from Waihi through the gorge in the main range of hills known as Karangahake (where the Talisman and Crown Mines are situated), and debouches below Mackaytown into the flat lands on which Paeroa partly stands, and thence has an extremely tortuous course until it joins the Upper Waihou at the Junction. Waihi basin.—Excessive rainfall.—March, 1910, flood, The basin in which Waihi lies has an exposure principally to the eastward, and Mr. H. B. Devereux, the Meteorological Observer at Waihi, in his evidence, in giving the mean annual rainfall at 83* inches, explained that this unusually large fall—more than double that of the adjacent plains through which the Waihou flows—was due to moisture-laden winds from the east, or Pacific Ocean, striking the high lands surrounding the Waihi basin, causing a sudden condensation, and deposit of rain with great rapidity. The rainfall observations show that at times it is quite torrential in character—as, for instance, the fall immediately prior to the heavy Ohinemuri flood of the 30th March last, when 14 inches of rain was recorded as having fallen in sixteen consecutive hours at Waihi. The Ohinemuri, at the eastern mouth of the Karangahake Railway Tunnel, then rose to some 14 feet higher than was shown by any previous record, and swept down from its upper reaches large volumes of mining tailings which had been the accumulation of many years, flooding the Township of Paeroa, and covering lands to a height and extent that had previously been unknown, leaving on fertile lands a considerable volume of tailings and slimes. Ohinemuri willows. Like the Upper Waihou, the banks of the Ohinemuri have been permitted to be overo-rown with willows, with similar detrimental results; but, whilst the Upper Waihou has only had to carry down a moderate amount of sands in

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its bed, the Ohinemuri has been laden as a sludge-channel by exceedingly large volumes of mining tailings, the greater portion of which has been deposited in its bed from Mackaytown to a point some six miles lower down, and which point is about three miles up from the Junction. Deposit of tailings. Below this point, so far as the evidence shows, there has been no serious deposit of tailings in the mid-stream bed of the Ohinemuri, but successive floods and freshes have deposited tailings and slimes to a very considerable extent on the banks of the Ohinemuri down to the Junction, and on the banks of the Lower Waihou for very many miles below the Junction, as well as upon the flooded lands. Natural floods. It is clear that, whilst both the Waihou (Upper and Lower) and Ohinemuri Rivers have always been subject to considerable floods, being only laden with good alluvial deposit, they did no permanent harm to any lands that were flooded; but, owing to the restriction of the waterway by growth of willows, and to its reduced section by the deposit of artificial sands on its bed and banks, the River Ohinemuri, and the Lower Waihou to a lesser extent, are now incapable of carrying off the volumes that they ought to convey; with the result that the freshes and floods are becoming more numerous, and of a higher and more disastrous character; and, being now laden with injurious mining slimes and sands, there has been caused a material loss to the owners of flooded lands. It is also probable that, as the settlement of the river-flats has increased materially since the rivers have been used for sludge-channel purposes, and as the values of the lands have increased so largely through the growth of the dairying industry, the effect of the floods is more noticed than it used to be when the population was sparser. Tidal limits.—Extent of tailings, Waihou. The Ohinemuri River for about two miles above Paeroa Township, and the Upper Waihou for some five or six miles above the Junction, are tidal. At and below the Junction there has been considerable shoaling in the Waihou River, largely due to artificial works, and the Lower Waihou shows the presence of mining-silts on its banks to a greater or less extent as far north as the mouth of the Hikutaia Creek, near the northern limit of the Ohinemuri County. The Lower Waihou is in many places materially narrowed and pinched in consequence of the deposit of artificial sands; and the navigable channel has in places become narrower from the deposit of sands, though not necessarily of mining origin. Limits of Ohinemuri boundary. Within the boundaries of the Ohinemuri County—that is, from about one mile below the mouth of the Hikutaia Creek for about twelve miles up to the Junction, and up to a point near Te Aroha about eighteen miles above the Junction—the Lower and Upper Waihou Rivers, and the whole of the Ohinemuri River, are nominally under the control of the Ohinemuri County Council, acting as a River Board. Limits of Thames County jurisdiction and Thames Harbour Board From the northern boundary of the Ohinemuri County, for a distance of about five and a half miles, down to the southern limit of the Thames Harbour District, there is, so far as we could ascertain, no local authority having jurisdiction over the river, unless it be the Thames County Council. For the balance of its run to the Hauraki Gulf the Waihou River—which seems here to be, by o-eneral consent, called the Thames River—is within the jurisdiction of the Thames Harbour Board. The banks of the Lower Waihou, and of its tributary, the Komata Creek, are burdened with a growth of willows, but not to so serious an extent as in the Upper Waihou or Ohinemuri Rivers.

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Reference Clause 1. Sludge-channel Proclamation, 1895. 1. The first reference made to us is to ascertain whether any and what lands are injuriously affected by the operation of the Proclamation of the 28th March, 1895, declaring the Ohinemuri and Waihou Rivers to be watercourses into which tailings, waste water, and mining debris might be discharged. We are satisfied that material damage has been done to lands in the Township of Paeroa, and to farming lands, and to lands capable of being used for farming purposes, adjacent to the banks of the Ohinemuri and Lower Waihou Rivers and the Komata Creek, and adjacent to portions of the banks of the Upper Waihou, and that this damage is directly due to the deposit in the Ohinemuri River of mining silts and slimes under the sanction of the Proclamation. Damage by tailings. -Recent floods detrimental. It is admitted that mining debris and sand tailings had been deposited in the rivers prior to the date of the Proclamation, but it does not appear that the amount so deposited had been sufficient to materially affect the flow of the streams. Your Commissioners are satisfied that since the Proclamation the large quantities of tailings turned into the streams, especially into the Ohinemuri, have so reduced the available section of the watercourses that the rivers are, and have been for some time past, incapable of carrying off flood-waters to the extent that the rivers were capable of providing for before that date; also that, whereas prior to 1895 the River Ohinemuri was to all intents and purposes a clean stream, only carrying down in times of flood alluvial material that when spread on flooded lands w r ould not be of a harmful, and might be of a beneficial, character, the floods of recent years, owing to the choking of the flow of the river by mining deposits, are of greater frequency and magnitude, and being heavily charged with mining tailings and slimes, are very detrimental to the flooded lands and to the stock pasturing thereon. Upper Waihou floods. With the exception of the deposit of mining sands on the river-banks wdiere low-lying on the western side of the Waihou, and wdiere the mining sands have been carried up creeks and drains from the river when in flood and deposited on the adjacent lands, we find that the damage by floods, when existing on the lands on the western bank of the Waihou, from the section known as Ngararahi (about two miles above the Junction) as far down the river as Turua, about six miles from the northern boundary of the Ohinemuri County, only results indirectly, and to a small extent, from the raising of the river-bed by silt. The floods are caused by the waters of the Upper Waihou, which at times of freshes have overflowed its western bank at points some seven miles above the Junction into the low-lying swamp lands that are supposed to be drained by the Awaiti Creek to the Piako, and at the same or other times by overflows at points to the south of Ngararahi. These flood-waters flow out of the river into the low-lying swampy bush land, run at slow speed parallel to, and over the lands at the back of, the river-bank, and then flood settled lands from Netherton to Turua when returning to the Lower Waihou. Watershed, Waihou and Piako Rivers. It is clear that the absence of a defined watershed for a portion of the distance between the Waihou and Piako Rivers is a very serious matter, and one thai must, in the interests of settlers in both districts, be attended to. An exceptional flood might materially alter the face of the country by making a permanent channel, turning part of the Waihou waters into the tributaries of the Piako River. Volume of tailings.— Fine grinding to slimes. Since 1895 large and increasing volumes of sand, tailings, and slimes have been discharged into the upper reaches of the Ohinemuri, amounting at the present time to about 550,000 tons annually. At first the sands discharged were comparatively coarse, but with the gradual adoption of tube mills during the

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past six years the tailings are now ground to a slime —that is, to such a degree of fineness that the discharges from the Grand Junction, Waihi, and Waikino reduction-works are ground so that more than 90 per cent, will pass through an 80-mesh standard laboratory screen. The evidence of the mine-managers makes it clear that it pays the companies to grind finely, and that the commercial tendency is towards still finer grinding. Slimes to be compulsory. The Talisman Company have nearly completed the erection of tube mills, and the Commissioners are satisfied that they are justified in recommending that grinding to slimes should be compulsory, and that any restriction to the use of the river as a sludge-channel for slimes only would be commercially in the interests of the mining companies. It may therefore be assumed that there will in future be no large volume of coarse sands discharged into the river, and that the problem to be solved is the disposal of the large volumes of tailings existing on the banks and in the bed of the River Ohinemuri, and the disposal of the slimes to be made by the ore-reduction works in the future. So far as the Commissioners are aware, the Crown Mines Company, at Karangahake, are the only reduction-works at which tube mills and very fine grinding have not yet been adopted. Waihi-Paeroa Gold-extraction Company (Limited). Large volumes of coarse sands discharged from Waihi had accumulated in the river-bed above Waikino, and the Waihi-Paeroa Gold-extraction Company erected and worked a plant for some eighteen months for the purpose of grinding these coarse sands to slime, and for treating them for the gold contained therein; but the March flood of this year swept away the deposit in the upper reaches of the Ohinemxiri to such an extent that work has been suspended, and the plant is being removed to and re-erected on the lower reaches of the Ohinemuri, near Paeroa, and upon a much larger scale, in order to grind to slimes and obtain the gold from the tailings in some nine miles of river claims lying between Mackaytown and the Junction. Ohinemuri sand-deposits. From Mackaytown down the river there are large deposits of sand tailings, estimated by the Waihi-Paeroa Gold-extraction Company as amounting to 2,200,000 tons, of which 60 per cent, of those in the bed of the stream are estimated to be too coarse to pass a 60-mesh screen. At and below Mackaytown large volumes of sands have been thrown upon the lands adjacent to the riverbed, as the river there debouching from the gorge lost its high velocity in floodtime, and, expanding over the low-lying flooded lands, deposited the silt and heavy material which it had previously held in suspension. Deposits in bed of River Ohinemuri. Below Mackaytown, through the Paeroa Township, down to a point in the river about three miles above the Junction, and some half-mile below the elbow known as Pereniki's Bend, the bed of the river has been raised to the extent of several feet by the deposition of the coarse tailings thereon; in other words, the travel of the artificial sands has for a distance of some six miles shoaled the river, leaving a depth of barely three feet of water, whilst below this shoaling there is at present a depth of eleven feet in the mid-stream of the Ohinemuri down to the Junction, with many holes of much greater depth. Though there does not appear to be any large deposit of tailings in the mid-stream bed of the Ohinemuri, from about three miles above the Junction, or in the Lower Waihou, there are large deposits on both banks of the Ohinemuri, and in places on the banks on the Lower Waihou, and in shoalings in the lower river. Ohinemuri meanders. —Floods at Paeroa. Owing to the tortuous course of the Lower Ohinemuri, to its reduced sectional area through the deposition of sands and from the effect of willows, the river is quite unable to carry off even moderate floods, with the result that its

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flood-waters have on the northern side overflowed its banks above the trafficbridge, covering valuable agricultural land, and, finding its way into the Township of Paeroa, has left deposits of silt and slimes. Floods opposite Paeroa. On the southern side the river also overflows above the traffic-bridge, spreads over a wide extent of country, and in the March flood there was extensive damage done to the ballasting of the railway-lines to Waihi and Te Aroha. The floodwater finally runs across country, and finds relief by flowing into the Upper Waihou for some distance above the Junction. Floods below Paeroa. In addition, the floods top the banks in all low places in the Ohinemuri between Paeroa and the Junction, and also back up the natural creeks and artificial drains, with the result that there has been laid on the fertile river-bank lands deposits varying in thickness from a thin film up to several feet of sands, and these deposits extend over a considerable area, and over more or less of the whole flooded area there is a coating of fine mining slimes. Tailings carried to sea. No doubt, in addition to the material deposited upon the riverine lands, there have been large quantities of sands and of slimes, especially during the recent March flood, swept down the river and out to sea. Slimes carried in suspension. The evidence tends to prove that slimes will not deposit to any serious extent in any current where the velocity does not fall below half a foot per second, or, say, one-third of a mile per hour. As in normal conditions the velocity of the Ohinemuri and Lower Waihou exceeds that speed, it appears to be tolerably certain that the finely ground slimes are now, and have been for some years past, carried out to sea. The evidence on this point is confirmed by the Commissioners' own observations on the material in suspension in the river-waters, and by the absence to any serious extent of deposits of slimes, except in spots where, through the existence of willows or from other reasons, comparatively slack water exists. Harm caused by slimes. —Damage to cattle. The substitution of the finely ground slimes for the coarse sands has brought with it the evil that now the flood-waters are heavily charged with a fine muddy material, which is washed over the whole area of the lands flooded, and is deposited on, and clings like a white wash to, the grasses and vegetation; whereas when the grinding was of a coarser character the tailings were deposited to a much greater thickness, but over a more limited area of land, being dropped as soon as the flood-waters lost the velocity needed to carry the heavy sands forward, which they did shortly after topping the river-banks. The farmers find that the fine slimes adhere to the leaves; that if the flood is followed by sunshine the grasses wither rapidly; and that, even if the flood is followed by rains, the slimes are not fully washed off the vegetation. The result has been that following each flood in recent years the cattle refuse to eat the pasturage, and if compelled to do so the cows in milk rapidly fall off and go dry, resulting in a considerable reduction in the dairy returns; and in some cases the farmers have been left without pasturage for their cattle, and have after floods had to sell their stock at a loss. Young cattle, it was alleged, lost their lives through eating slime-covered grass. Cyanides present in rivers. Though the settlers have been deprived of the use of the Ohinemuri and Lower Waihou for watering their stock, owing to their silt-laden condition, and although there appeared at times to be a faint chemical smell in the riverwater, the Commissioners do not think that the farmers have suffered to any serious extent by the presence of cyanides or other poisonous material in the rivers, except so far that no fish are now found in the Ohinemuri or in the upperreaches of the Lower Waihou.

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Damage to lands. The Commissioners divide the classes of damage to lands into three groups —(a) the lands completely destroyed; (b) the lands seriously affected; (c) the lands temporarily affected, but not permanently injured to any serious extent. Total destruction of land. The (a) class of lands, totally destroyed, includes those lands on which there is a deposit of mining tailings and silt of so great a thickness as to render the lands of little or no use. This thickness, after careful personal examination, the Commission fix at three inches and upwards. Partial destruction of land. The (b) class of lands, seriously affected, are, in the estimation of the Commission, those areas where the thickness of deposit is less than three inches, in which case it is believed that the silt can be ploughed in and the land resown. Temporary damage to land. The (c) class of lands is where the deposit of sands or of slimes has been less than three-quarters of an inch in thickness. It appears certain that these lands, though reduced in value to some extent, have not been permanently injured, as the grasses will break through, and in time, by the action of earthworms and other natural causes, the slimes will be disseminated through the surface soil. Agricultural Department: Report re silts. Attention is drawn to a very valuable report by Mr. B. C. Aston on " Ohinemuri Silt Investigation," as published by the Chemistry Division of the New Zealand Department of Agriculture, and appearing in the annual report for 1909. From this report the Commissioners are confirmed in their view that there can be no nutritious properties in tailings, which consists for the most part of finely comminuted quartz, having no manurial value. On heavy clay lands the presence of fine quartz sand might have a beneficial effect, but there is naturally quite enough sands in the affected lands, and the application of more from successive floods is a matter to be deplored and prevented. Land-areas affected. At the suggestion of the Commissioners, the Ohinemuri County Council, who throughout the inquiry held a neutral position, employed Mr. C. R. Bellingham to visit and schedule the whole of the affected areas, and the results of his investigation are given in the return (Exhibit No. 60) appended hereto, and summarized as follows : —

The Commissioners have not had the time at their disposal to fully check this return or to have an independent one made, but are satisfied that it may be assumed to be approximately correct. The 371 acres given as totally destroyed probably corresponds with class (a) ; but they are not able to assess what portion of the 7,507 acres would belong to classes (b) or (c). Survey of affected lands. The Commissioners recommend that Your' Excellency should forthwith appoint some competent person, who should proceed to this district and prepare from personal observation and approximate measurements a return giving particulars of the three classes of lands affected, so that if the recommendations of

Survey District. Block Number. Block Number. Total Area of Holding. Area totally destroyed. Area affected deleterionsly. Waihou Ohinemuri •'• VII and VJJ1 XI and XII XII XVI IX XIII Acres. 2,139 843 3,324 1,266 518 1,886 Acres. 137 110 Acres. 1,779 843 2,955 1,070 518 342 124 9,976 371 7,507

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the Commissioners as to the granting of compensation, as set out hereunder, are given effect to, there will be a definite basis upon which such compensation maybe assessed. In compiling such a return it will be desirable, for reasons hereinafter appearing, that all lands situated within an average distance of H chains of the river-bank should be separately scheduled. Compassionate compensation. The Commissioners are given to understand that legally the owners and occupiers of land who have been injuriously and permanently affected by the deposit of mining tailings thereon have no claim whatever on the State for compensation; but they are of opinion that, apart from the legal aspect, there is every reason why some compensation should be granted for the permanent damage done to the lands. The landowners at the time of the Proclamation in 1895 could not have foreseen its wide-reaching and disastrous effect. Even had the farmers possessed sufficient prescience to have then estimated the possible effects of the Proclamation, it is fairly certain that they could not have persuaded any Compensation Court that the results which have followed its issue would have occurred, and would not have obtained any compensation commensurate to the loss that has been suffered. Source of compensation. The Commissioners are of opinion that, although the compensation, if any, which might have been awarded in 1895 would have been nominally paid by the State, any compensation that may now be given should be chargeable to the district as a portion of the scheme set out hereunder. Scale of compensation. The Commissioners recommend that in respect to all lands which may be placed in Class (a), as permanently destroyed (and lying more than 100 feet from the river-bank), there should be paid compensation, as a compassionate allowance such sum as may be determined by a Stipendiary Magistrate as having been the value of the lands in 1895, together with full compensation for any permanent improvements carried out on the lands since that date. Scale of compensation, partial loss. That in respect to lands which may be placed in Class (b), as being seriously affected by the tailings left by floods, there should be paid a compensation of, say £2 per acre, being a sum sufficient, in the estimation of the Commission, to deep-plough the area affected, and to sow the lands with grasses of a character suited to the condition of the land when the silt is mixed therein. No compensation, temporary loss. It is not proposed that any compensation should be made for the damage to lands that may be placed in Class (c), as temporarily affected. The Commissioners recommend that one-half of the proved loss to farmers through the 1907 to 1910 floods be paid as compensation for the loss of, and depreciation of, stock and for the falling-off in the milk-supply. The Commissioners are of opinion that these losses would to some, though not to the same full, extent have been incurred if the floods had been of a natural character, and not silt-bearing. The Commission advise that no compensation should be given on lands to any landowner or tenant who took up his lands subsequently to the year 1905, as the Commission is of opinion that any person then taking up land did so with a full knowledge of the risk he ran from the deposit of silt. Contributory negligence. The Commissioners are also of opinion that in most cases contributory negligence has been shown by the farmers in not providing their drains with proper flood-gates, in not cutting down the willows, and in not trying, by the erection of stop-banks, to limit the evils of the floods. The Commissioners recommend that powers should be given to a stipendiary Magistrate to assess the compensation to be awarded, and to determine what proportion shall be payable to the occupiers, and what to the owners or other interested persons.

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Reference Clause 2. Effect of tailings on navigation. 2. The second reference made to the Commission is to determine whether the navigation of the Rivers Ohinemuri and Waihou has been, or is likely to be, seriously impeded as a result of the Proclamation of the rivers as sludgechannels. Your Commissioners are of opinion that the navigation of the Ohinemuri and part of the Lower Waihou Rivers has been seriously affected by the deposit of mining tailings in the rivers under the Proclamation. Extent of navigation, 1895, Ohinemuri. Prior to 1895 the River Ohinemuri was navigable up to the Town of Paeroa, and for small craft for some two miles above it, w-here there was then a rise and fall of tide of from 3 to 4 feet, and a depth sufficient to permit craft drawing up to 7 feet to come up on the top of the tide. This depth has now decreased, and this old navigation head has less than a foot of water, with a rise of tide of from 2 to 3 feet only. Vess.'ls to Paeroa.—Junction Wharf.—Te Puke Wharf. Prior to the Proclamation, steamers such as the " Paeroa " and " Ohinemuri," drawing loaded from 7 feet 6 inches to 8 feet, used to trade to Paeroa and berth at the Wharf Street and other wharves. Subsequently, owing partly to the silting of the river and partly to the commercial necessity of getting up and down on the one tide, the steamers deserted the town wharves, and lay at a wharf in the Ohinemuri immediately above the Junction. About seven years ago the Junction Wharf was deserted, and the steamers of the Northern Steamship Company, " Waimarie" and " Taniwha," which are twin-screw vessels specially built for the trade, and drawing not more than 7 feet to 7 feet 9 inches loaded, now berth as a terminus at Te Puke Wharf, at a point some two miles by road, and about seven miles by river, below the Township of Paeroa. Shoaling, Lower Waihou. The master of one of these vessels is of opinion that the channel in the Lower Waihou up to Te Puke may have shoaled some 6 inches, whilst the master of the other does not see much change in the depth, though he states that the Lower Waihou shows more shoals after freshes, but that so far these have been swept away. Both masters and other witnesses testified to the pinching of the river by the deposition of tailings on the banks, and it is also clear from the evidence that, whilst the action of the twin screws of the steamers has so far, by churning up the bottom, enabled the navigation to be kept open without serious difficulty, the bottom is becoming harder, which your Commission attributes to the deposition of fine mining silts and slimes in the interstices of the natural coarser sands of the river bottom. Shoaling, Junction to Te Puke. Since the twin-screw steamers ceased, about the beginning of 1903, to use the Junction Wharf, that portion of the Lower Waihou between the Junction and Te Puke has both shoaled and narrowed materially, and is not now navigable by steamers of the class which used to readily navigate it. Upper Waihou sands. Artificial drainage, Gordon, Shaftesbury.—Navigation, Upper Waihou. In addition to the mining silt, there has been a large factor affecting the navigation of both the Upper and Lower Waihou Rivers in the large volume of light sands discharged into the Upper Waihou above Te Aroha through the drainage and the settlement of the flat lands in the upper reaches of the river. Mr. J. E. Thomson, licensed surveyor, gave evidence that in the district lying between the Gordon Settlement and Te Aroha he estimated that a volume of sand exceeding a million cubic yards had been scoured out of artificially made drains into the Waihou, being a volume sufficient to fill the dry-weather bed of the river for a length of some seven miles. The Commission personally investigated this

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matter, and visited Coleman's drain, near Shaftesbury, where an ordinary small drain had been eroded to such an extent that the roadway had to be carried across it by a bridge of three spans of 20 feet, and its bottom had sunk to a depth of some 20 feet below the original level of the country. This huge volume of sand has been swept into and down the Waihou River, which has in its upper reaches sufficient velocity to sweep it onward. There does not appear to be any evidence that there has been serious diminution in the depth for navigation purposes in the Upper Waihou until within a short distance of the Junction. Bathers describe the sandy bottom in the Upper Waihou as being alive, and always moving onwards. • Waihou sands sold in Auckland. —Hardening effect of tailings on bottom. In the various samples taken from the bottom of the river, from above the Junction right down to its mouth, there is shown a large predominance of the volcanic sands. From banks deposited where the river has widened out at a point about one mile and a half below the Hikutaia Stream, there has been removed for more than thirty years, by means of scows and cutters, enormous volumes of this volcanic sand for sale, for building purposes, in the Auckland market. It therefore appears that the rivers have so far, assisted to a limited extent by man, been able to carry down and dispose of the sands from the Upper Waihou district without affecting navigation, but the addition of the finer sands and slimes from the mining-works to the coarser and lighter natural Waihou sands is, in' the opinion of the Commission, having, and will have, an increasingly detrimental effect. The finer artificial sands are filling up the interstices in the coarser and loose-lying natural sands, causing them to compact, and rendering them more difficult to move under the action of the current. Hardening of shoals, Thames Harbour. The fishermen gave evidence of the increasing hardness of the bottom in the lower reaches, and in the Thames Harbour, on what is known as the bar. Captain Bayldon, the Harbourmaster, confirmed this increased hardening of the bed of the sea in the Thames Harbour, and pointed out that, whilst some years since vessels could be relied on to force their way through a depth of, say, 2 to 3 feet of soft silt on this bar, and that, if stranded on the bottom, vessels would sue and settle some 6 feet into the bottom at low water, that in recent times he cannot force vessels through the shallows, and that vessels now, when stranded, only settle to perhaps half the previous depth. The evidence, beyond the hardening effect, does not disclose any serious reduction during the past thirty or thirty-five years in the navigable depth in the channel through the Thames Harbour to the Waihou River, although there have been some changes in its direction. Foreshore shoals. Thames. There has been serious shoaling on the foreshore opposite the Township of the Thames; but this is entirely due to local causes, and, in our opinion, the changes there have not contributed to any reduction of depth or hardening of the bottom of the navigable channel used by vessels entering or leaving the Waihou or Thames Rivers. Thames Harbour dredging probable. Although there has been no serious change yet, still it is clear than an extension seawards of the shoals may be expected, caused by the detritus brought down by the rivers settling in the estuary, and probably it will not be many years distant before dredging must be resorted to in order to maintain the present depths in the Thames Harbour, and in the channel required for navigation both within and without the mouth of the Thames River. River-dredging required. The Commissioners are also satisfied that dredging is now, or will shortly be, required in the reaches of the river from the Te Puke Wharf down to Hikutaia, a distance of some ten miles. Throughout this distance tailings are showing freely on the banks, and to a slight extent in the bed, of the river. The

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Commissioners satisfied themselves that slimy tailings were present in the sandbanks below Hikutaia, from which sand is removed for sale in Auckland. The evidence of the settlers wdio daily traverse the river, often at low tide, on their journeys in oil-launches with their milk to and from the Netherton Creamery, is conclusive that the river is reducing in width, that the deposits of tailingsands cause them difficulty in approaching and lying at their jetties, and that there is in places some deposit on the bottom, with consequent loss of depth and of available section to discharge freshes. Junction to Te Puke. Above Te Puke Wharf, for a distance of some two miles, to the Junction, the River Waihou has materially narrowed, and is only used now by shallowdraught scows and punts towed by small steamers and oil-launches. The change of the terminus of the Auckland steamers from the Junction Wharf to Te Puke, some seven years ago, has had a detrimental effect upon the river, owing to the absence of the scouring action of the twin propellers upon the loose bottom. An attempt was made to divert the current of the Upper Waihou over to the eastern bank at the Junction by the construction of a groyne from an island that had formed about some sunken willows; but the result has not been successful, and, aided by the large quantities of tailings brought down the Ohinemuri, the sands have deposited, forming shallows for some half-mile below the Junction, and making a bank at a place wdiere. at the mouth of the Hape Creek, the deepwater channel used to exist. Junction.—Willows removal. The mining tailings show largely on the Junction Island, and on the shoals, and to a very considerable extent upon the banks, which have made out in some places to an extent exceeding 30 feet, encroaching on the waterway of the river to that extent. Samples taken from the mid-channel show, however, that where there is the maximum run of water the bottom is composed of the natural Waihou sands, with but little addition of mining sands. This portion of the river at and below the Junction is also much burdened with the growth of willows. For some quarters of a mile on the eastern bank of the river, a little below the Junction, the Ohinemuri County Council, as a River Board, has cut down some of the willows with very beneficial results, affording an example of the advantage to be gained by trimming and removing the willow trees and branches. Upper Waihou navigation.—Tidal effect, Junction - Upper Waihou.—Danger of diversion, Waihou to Piako. The navigation of the Upper Waihou, from the Junction up to and above Te Aroha, is confined to small launches or tug-boats drawing light-draught barges. Apart from the serious encroachment on the navigable width by the wdllows here, there appears to have been little change, and any change that there may have been, except for a short distance above the Junction, cannot be attributable to the mining operations. The rise and fall of the tide at the Junction is about 3 feet, and the effect of the tide is now felt to some extent about five or six miles up the Upper Waihou. It is probable that the bed of the river has risen somewhat, raising the normal watel-level, and the retardation caused by the growth of willows is so serious that, unless some active steps are taken, there is a possibility that some day, in place of the flood-waters only as at present, a large portion of the river-waters may be diverted into the western swamps, and an alteration or diversion of its course might seriously affect the navigation of the Upper Waihou. Reference Clause 3. Remedial measures. 3. The third matter referred to the Commission was to ascertain what, if any, remedial measures can be adopted without injury to any other persons, corporations, or interests.

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Sludge-channel restriction.—Willows removed, dredging, stop-banks, diversion. We recommend that the use of the rivers as sludge-channels should be restricted in future as set out herein, and that the rivers be cleared from all growth of willows, be dredged, and stop-banks formed, with culverts and flood-gates where required, and that the course of the rivers be shortened by river-diver-sions. Tree-planting.' Also, we recommend that the high-lying lands of the watersheds, where they have been denuded of trees for mining or other purposes, should be reafforested. Disposal of tailings : Sundry schemes. The question as to whether it would be possible to dispose in future of the mining tailings in some other method than by permitting them to be cast into the rivers has met with very serious consideration, and your Commissioners have reluctantly arrived at the conclusion that the adoption of any one or more of the schemes suggested would not be in the interests of the Dominion, as involving such an increased cost in the production of the gold as might, and probably would react in the direction of preventing the mining of low-grade ores, which at present are capable of being worked at a small profit, but only in conjunction with ore of a higher grade. Existing reduction-works The position, so far as the adoption of any scheme of disposal of tailings other than by the rivers, is somewhat complicated by the fact that the reductionworks are not concentrated in one district. There exists at present, and working, two at Waihi Township, one at Waikino, two at Karangahake in the valley of & the Ohinemuri, and one upon the Komata Creek. There are also other batteries in the district which it is understood are not at present in operation. The following are some of the many suggestions that have been made and inquired into by your Commission : — Discharge of tailings to sea. That the reduction-works at Waikino, being the largest of the works existing at present, should be removed to Waihi, or to some point overlooking the Pacific Ocean above the Waihi Beach, so that the tailings therefrom and from the Waihi works could be discharged outside the watershed, leaving the material from the works at Karangahake to be dealt with under a separate scheme. The tailings from the Komata Reefs Company's works must be dealt with quite separately in any case, being in a different watershed. As the works were placed at Waikino, rather than at Waihi, in order to obtain water-power and a sufficient supply of the water required for the operations, it would evidently be necessary to pump the water required in the reduction processes as well as to compensate for the loss of water-power. This idea has been dismissed because of its great expense. Stacking tailings.—Pumping tailings.—Pipes : Open channels.— Railw a \ oarriage of tailings. Cutting-nature of slimes. That the tailings should either be stacked on lands adjacent to Waihi or on lands adjacent to Paeroa, or be turned into the sea on the Waihi Beach or the Tauranga side of the coastal range, being taken to one or other or all of these places by either pumping with water through closed pipes, by pumping or by other method of elevation to such heights that the water-carried sands would flow down by gravity, or by railway carriage. The slimes and fine tailings, although to the touch they feel smooth, were shown under the microscope to be composed of sharp particles of quartz, and ample evidence was adduced to show that the wear-and-tear caused by these cutting-edges made it practically impossible to adopt any system of pumping or conveyance economically for any distance through wooden, cast-iron, or steel pipes, or open channels. Apart from the practicability of water carriage, the working cost of these various schemes amounted to from 2s. to 3s. per ton of ore, which seemed to your Commissioners to be quite prohibitive.

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The scheme of handling the tailings with as little moisture as possible, some 30 per cent., by discharge into railway-wagons and by haulage to Waihi Flats, or to the Waihi Beach, or to the Rotokohu Swamp, near Paeroa, was also considered, and the estimates varied from 2s. Gd. to 3s per ton according to the method adopted. The evidence given showed that, so far as it is known, there has been no case where slimes so finely ground as those which have to be dealt with in this district have been stacked; and the mining evidence all pointed to the proposition of stacking slimes on waste ground as being very difficult of practical attainment. Settling-basin scheme. Other schemes were suggested having for their object the formation of a series of settfing-basins of large area in the valley of the river above Paeroa. These schemes do not commend themselves to your Commissioners, as, apart from expense, though the slimes might settle under normal conditions, there would be no certainty that in times of flood the accelerated velocity of "the stream would not pick up the deposited slimes again, and carry them over the face of the country. S tope-filling. It was also suggested that the slimes might be returned to the mines and used for refilling the stopes from which the material originally came. This proposal does not commend itself to your Commissioners as being in any respect feasible. Revoking Proclamation. Your Commissioners therefore advise that the mining industry be permitted to still discharge the tailings into the River Ohinemuri under amended conditions, and that the Proclamation should be revoked and a fresh one issued containing the new conditions; but that such Proclamation should be issued under the authority of an Act of Parliament, so that no application for compensation can be made thereunder. Restriction of use of watercourse to discharge of slimes.—Definition of " slimes." It is advised that after a period of six months, which ought to be ample time in which the necessary additions to the plant can be made to the mills, it should be illegal for any gold-reduction works or other mining project to discharge into the River Ohinemuri any material that has not been ground in tube mills or other appliances approved by the Department of Mines to a fineness sufficient that 95 per cent, of the whole shall be capable of passing through an 80-mesh standard screen; that an 80-mesh standard screen should be defined as one having apertures with an inscribed diameter not greater than 00062 inch, or 00157 millimeter. The cost of any special inspection deemed necessary by the Mines Department ought to be borne by the mining companies in proportion to the tonnage milled. Effect of slimes on rivers. It is believed that when the rivers are freed from willow-growth and are brought by dredging, cleaning, and shortening, as recommended herein, to a condition of moderately good discharge, the fine slimes and tailings discharged from Waikino under the conditions of grinding recommended will at times of ordinary flow probably pass out to the sea in a period of about fifty hours. As under the new regime of the river there ought to be no slack spots where the slimes can be deposited, it follows that in flood times, even if the floods did top the stop-banks proposed, the flood-waters would contain so little slimes in proportion to their bulk that but slight harm would accrue to any flooded area. We base this proposal upon the evidence produced by the mining experts that water with a velocity of half a foot per second will carry forward slimes of this degree of fine grinding in suspension, and without deposit to any appreciable extent. This evidence is confirmed by the fact that although for the past three years the process of fine grinding has been increasing, and the greater proportion of the ore is thus milled at present, there is not existing in the bed or on the banks of the Ohinemuri and Lower Waihou Rivers any such very large masses of slimes as would have been present had the contention been false.

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Deposit of mining d6bris to lie restricted. Under the Proclamation it is permitted to place mining debris or mullock taken out of the mines in the river. So far as the Waihi and the Komata Reefs Mines are concerned, no harm will be done by the cancellation of the permission to cast such material into the watercourse, as there is ample land obtainable in the neighbourhood of the mines on which to stack such material; but in the case of the mines situated in the Karangahake Gorge there is no land available for such stacking, and stacking would consequently involve an excessive expenditure. The Commissioners therefore recommend that mining debris should only be permitted to be placed in positions from whence it might be carried into the River Ohinemuri under a special permit to be issued by the District Inspector of Mines, whose duty it would be, before issuing such a permit, to satisfy himself that the material cannot be otherwise economically disposed of. Komata Creek : Defiance of Proclamation. The Commission desires to draw attention to the fact that the Komata Creek has been used as a sludge-channel by the discharge into it of tailings and mining debris, notwithstanding that the Komata and Tarariki Creeks were specially exempted under the Proclamation of 1895. In this Proclamation the Komata Creek is described as a tributary of the Ohinemuri River, whereas it flows into the Lower Waihou, and it is understood that advantage has been taken of this erroneous description to avoid the exemption provided in the Proclamation. The Commission recommends that in the proposed new Proclamation the use of the Komata Creek as a sludge-channel should be restricted to the company now discharging its tailings therein, and that the same degree of fine grinding should be required as for tailings to be discharged into the Ohinemuri. Repeal of Proclamation. The Commissioners therefore recommend that the Proclamation making the Waihou and its tributaries, other than the Ohinemuri and Komata, a watercourse for the reception of mining debris, tailings, and slimes, should be repealed, except in so far as existing mines are now using them; that if any other mines in its watershed should desire to utilize the river or its tributaries, permission be specially given, after careful investigation and on special conditions, particularly as to fine grinding. Stop-banks. —Flood-gates. The Commission recommends that wherever the river-banks of the Lower and Upper Waihou as far as Te Aroha, and the river-banks of the Lower Ohinemuri and of all tributary creeks to those rivers, are at any point below a level of 4 feet above the level of the highest-known flood, then there should be made artificiaf stop-banks having a crest-level of not less than 4 feet above that of such highest-known flood. These stop-banks should be of approved design, not less than 6 feet wide on the top, placed with the land face on an average not less than 95 feet back from the river-banks as existing prior to the pinching of the widths due to the deposits of tailings. These stop-banks must be constructed with proper culverts, fitted with flood-gates of an approved design, so as to let all land-drains empty into the rivers except in times of flood. The stop-banks are to be formed of dredgings taken from the bed and banks of the adjacent channels, which channels will be thereby much improved. Dredging. It is recommended that suction dredges should be employed in making these stop-banks and in deepening the rivers, the land side of the banks being formed of manuka brushwork in such a manner as to protect the lands from damage during the construction. The banks must be fenced off on the landward side, «o as to protect them from cattle. All cross fences on the river side should be removed, and all willows and other trees on the river side of the banks should be cut down and destroyed.

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Land for stop-banks to be dedicated free of cost. Your Commissioners are satisfied that the value of the lands so protected will be so much increased by these stop-banks, and by the construction of proper drain-outfalls, that it is quite reasonable Parliament should require that the lands taken should be dedicated to the River Board free of cost; and they recommend that such lands as may be required should be resumed without compensation for the value of the lands up to an average width of chains, or for any damage or loss during the period of construction of the works, excepting only that in any case where the area resumed exceeds 5 per cent, of the whole holding it is suggested that any excess above 5 per cent, should be paid for at a fixed rate of, say, £10 per acre. In the legislation required to give effect to this recommendation, provision should be made releasing the lands taken by the Crown from any mortgage charges, and burdening the balance of the lands therewith. Access over stop-banks. Any buildings within the resumed area should be shifted free of cost to the owner, and provision made at each holding for suitable access to the river-bank for jetty purposes and for the watering of stock. The stop-banks, after completion, should be soiled with the surface soil previously removed from the site, and the area should be sown with grasses of a character to bind the river-sands together. Native lands. The Commissioners recommend that all Native lands immediately abutting on the rivers, and which will be benefited by the proposed works, should either be purchased prior to the erection of the works or be brought into line with lands owned by Europeans in the matters of taxation and contribution towards the cost and upkeep of the new works. Extent of stop-banks. Ohinemuri.—Sand-deposit ground. The Commissioners recommend that the stop-banks should be carried up the Ohinemuri on both sides as far as the Te-Tawa-a-Te-Kuao Stream, near the abattoirs, and that immediately below Mackaytown the low-lying lands of the Wairere, Te Rewarewa, and Otara Blocks should be purchased, the fences removed, and that they be held vacant so as to afford room for the river-waters debouching with high velocity out of the gorge to spread out in time of freshes, and by losing their velocity to enable them to deposit any heavy material they may have in suspension before the waters enter upon the more level and tortuous course of the lower reaches of the river. Riverside roads. In the Township of Paeroa and elsewhere, where there are roads on the present river-bank, the stop-banks would probably take a special form to suit the local requirements. River Ohinemuri: Diversion at Pereniki's Bend. —Waihi-Paeroa Gold-extraction Company (Limited), River claims. The Commissioners are strongly of opinion that the course of the Ohinemuri should be shortened by some three miles by the construction of a short cut or diversion from Pereniki's Bend to a point a short distance above the Junction; but counsel representing the Waihi-Paeroa Gold-extraction Company (Limited) claimed before the Commissioners that under the seven river claims issued to that company so recently as the 18th March last (1910), the company would have a claim for compensation to a very large extent if this cut were made. It appears to your Commissioners to be unfortunate that the mining law is such that the licenses held by this company could have been reissued so recently when il must have been realized that their issue might have some bearing on the recommendations of the Commission which then was about to be formed. The Commissioners deem it strange that the law should, on the one hand, permit the agricultural value of river-bank lands to be depreciated by the deposit therein and adjacent thereto of mining tailings, and should, on the other hand,

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take from the owner of such lands any chance of recouping himself, out of such accretions of area and of material, by the issue to other persons of a right to exploit the wealth contained in such deposits. We understand that in one case a freeholder (Mr. W. Marsh), whose title extends to the centre of the river, disputes the validity of the special licenses. Interpretation of licenses. The Commissioners recommend that the legal position of the rights claimed by this company should, if possible, be cleared up, and the true meaning of the licenses be ascertained as to whether the company is entitled to remove the accumulations of tailings on the banks as well as in the bed of the river, and as to whether it would have any claim for damages, if the proposed cut was made, for loss of tailings or of water access to its freehold section. As the company claims that it has had granted to it, for a very small annual rent, and subject to the payment of duty on the gold saved, rights of enormous monetary value, it would not appear to be doing that company any material injustice if Parliament were to limit the time in which the concession may be worked, so that the benefits to be derived by making the Pereniki cut may not be indefinitely postponed. Prompt removal of sands necessary. The representatives of the company suggested that the work of removing the banks of tailings could be expedited by the erection of a larger grinding and extraction plant, and proposed that the Dominion should find the increased capital for the additional plant, receiving payment therefor by an annual first charge on the profits. As any such arrangement would be one for careful negotiation, the Commissioners are not prepared to make any recommendation thereon, further than to say that so far as is practicable it is essential, in their opinion, that the Ohinemuri should be cleared and enlarged and the short cut made as speedily as possible; and, moreover, to point out that if the large accumulations of coarse tailings existing above high-water level in that river, and which it is understood are claimed by the Gold-extraction Company, are found not to belong to that company, then they should be forthwith worked either by the Government or by arrangement with some extraction company, so as to provide funds for the works proposed herein, and for the purpose of enabling the river to be promptly cleared and the proposed diversion made. Waihou diversion, Ngararahi, Te Eoutou The Commissioners recommend that a cut be made from the Upper Waihou at Ngararahi in a north-easterly direction, across a narrow neck of land to the Lower Waihou at its bend at Opukeko, and thence across a second smaller neck at Te Koutou, to again join the main river just above the present Te PukeNetherton Ferry. These diversions will shorten the course of the Waihou some three miles, thereby improving the velocity in, and lowering the level of, the Upper Waihou, and obviating the necessity of any works in the river between Ngararahi and the Junction, as well as avoiding the removal of the island and groin at the Junction. The point at Ngararahi selected is one where the river has overflowed in all recent floods. The present course of the Lower Waihou below the present junction to the new junction will, after the diversion is made, be available to carry off the waters of the Ohinemuri alone. It will therefore have an additional length in which any coarse sands brought down in times of flood from the existing deposits can settle, with the result that the waters will reach the navigable waters of the river in a much clearer state than is at present the case. Termination of Paeroa navigation below Te Puke. These proposed diversions in the Waihou will necessitate that the steamers now trading to Te Puke should terminate their run at a new wharf to be built just below the site of the present Netherton Ferry, at an increased carting distance from Paeroa of half a mile. It is suggested that the bridge, which it is understood is about to be erected across the Waihou just below the Junction,

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should be erected on the site of the present Te Puke - Netherton Ferry, and that on the western side of the new cut a road be made out of the material to be excavated from the cuts and forming the stop-bank for that portion of the river. Upper Waihou stop-banks —Survey Waihou-Awaiti-Piako watershed. The Commissioners are emphatic in their advice that from Ngararahi up to Mangaiti such stop-banks should be erected as may be necessary to effectually prevent the Upper Waihou from overflowing in times of freshes, and from joining its waters to those of the Piako watershed, and they advise that a careful hydrographic survey should be made by a competent engineer of the district lying between the Awaiti, Piako, and Waihou Rivers, with a view to determining what works, if any, are necessary, in addition to those recommended by this Commission, to prevent any risk of either river breaking through to the other. The Commissioners believe that this study should be made not only as regards the existing levels, but with regard to the probable lowering of the groundsurfaces owing to the gradual drainage and settlement of the lands, and with regard to the artificial works being carried out by the Lands Department'in the Piako district. Suction dredge, plant, and appliances For the purpose of the construction of the Ngararahi-Opukeko cuts, and the erection of stop-banks, and for the dredging of the beds of the rivers, the Commissioners recommend that there should be purchased two suction dredges, each capable of lifting 500 tons of sand per hour, and of delivering the material dredged to an elevation of 20 feet above low water, and to a distance of 2,000 feet, and provided with all necessary punts, barges, and appliances for the proper discharge and distribution of the dredgings on the stop-banks. A small steam-tug would be required, with oil-launches; also a barge provided with powerful steam-winches and log-hauling gear for use in snagging the river and in removing the trunks and branches of the willows. Scour of light sands, Upper Waihou.—Logs. Specific powers should be given to the River Board to prevent, by the erection of flood-gates and protective works, all undue scour from the flat pumiceous lands in the Upper Waihou, and to make a charge of the cost of same against the lands drained; and also to recover from the owners of logs the cost of removing them from the bed of the river. Ring-barking willows. The Commission recommends that the willows on the river-banks be ringbarked and treated so as to be killed; that' all the branches and twigs be thoroughly removed and disposed of; that, at any rate, for the first few years, the stumps of the willow-trees be left in the soil, so as to assist in retaining the banks and to prevent denudation; and that all roots, stumps, branches, nnd twigs of willows be thoroughly removed - from the bed of all the rivers and tributaries.

Reference Clause 4. Finance of recommendations. 4. The fourth reference made to the Commission is to determine what proportion of the cost of carrying out its recommendations should be a charge against the revenue derived by the local bodies from the mines interested in the use of the watercourses. Half-cost to be borne by gold duty. The Commissioners are of opinion that one-half of the annual cost of carrying out its recommendations, including interest and sinking fund on the loanmoneys employed and for maintenance, should be a charge upon the gold duty of the district.

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Thames Harbour District. The Thames Harbour Board have control of, and charge dues upon, vessels using, and on goods landed in, that portion of the Lower Waihou known locally as the " Thames River," lying within its jurisdiction, which jurisdiction extends up the river for a distance of about five miles and a half, or to a point about three-quarters of a mile above Turua (Bagnall's Wharf); but, so far as is known, the Harbour Board have not taken any steps to either protect the adjacent lands from flooding or to improve the navigable channel by dredging. Stop-banks in Thames Harbour District. The Matatoki Branch of the New Zealand Farmers' Union, as representing the settlers on the east bank of the river, sought that the Commission should consider the flooding of their lands from the river, and from two creeks and drains discharging into it. The Commissioners were unable to personally visit this land, but are of opinion that the stop-banks ought to be made as far down as the mouth of the river, where the flood-levels show that they are required, and that they should be constructed at the same time as the other banks, and be under the supervision of the River Board proposed hereunder, notwithstanding that the portion of the river adiacent thereto is under the supervision of the Thames Harbour Board, and notwithstanding the restriction in section 73 (2) of the River Boards Act, 1908. Thames County District. From the southern boundary of the Thames Harbour there is a portion of the river, some five miles and a half long, up to a point about one mile below the mouth of the Hikutaia Creek, which lies in the district of the Thames County Council. That body does not appear to have brought into operation the provisions of the River Boards Act, and this stretch of the river seems at present not to be under the special jurisdiction of any local body. Ohinemuri River Board. —Dissolution of existing River Roard. From this point, near the mouth of the Hikutaia Stream, the rivers lie within the boundaries of the Ohinemuri County Council as far up as the southern boundary of the county, about one mile north of Te Aroha. In August, 1887 (vide Gazette No. 49, 28th July, 1887, page 1006), the Ohinemuri County Council became a River Board, with boundaries coterminous with the county. It has been stated that the River Board was formed solely for the purpose of preventing any extension of the jurisdiction of the Thames Harbour Board into their county. That object having been attained, the county, as a River Board, have apparently been most lax in carrying out their duties, have not struck any rate have not called upon the occupiers to clear out the willows as they had powers to do under section 77 (1) of the River Boards Act, and in fact have been a River Board only in name—so much so that the Commissioners are unable to recommend that the carrying-out or upkeep of the new works proposed should be intrusted to this body as at present constituted, and therefore recommend that the present River Board should be dissolved-. Piako County Council. The Upper Waihou, from the southern boundary of the Ohinemuri County to its source above Lichfield, is within the district of the Piako County Council, who have not, so far as is known, formed themselves into a River Board, or taken any serious steps as a Council to prevent the eroded matter from the artificial drains from blocking up the river-bed. Execution of works by Public Works Department. The Commissioners are satisfied that there is at present no capable body existino- in the district to whom could be safely intrusted the duty of carrying out promptly, and in a proper and intelligent manner, the works of dredging, of forming river-diversions, of erecting stop-banks with their culverts and floodgates of cutting down and removing of willows, and generally of enforcing their recommendations The Commissioners therefore recommend that the works S be carried out as speedily as possible by the Public Works Department,

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Proposed new River Board. Cosl of works a debt owing by Board. On completion the works should be handed over to a new local body specially constituted for the purpose of the maintenance of the completed works, or of the execution of any additional works wdiich time may show to be necessary. It is proposed that the new local body, which should have all the powers of a River Board as well as any special powers that may be deemed advisable to grant to it, should be charged with the whole cost of the works executed for them by the Government, who, it is presumed, will find the necessary capital under favourable terms as to interest and repayment of loan. Jurisdiction of Board. The Commission recommends that the jurisdiction of the new River Board should be coterminous with the watersheds of the Waihou and Ohinemuri Rivers and their tributaries, and that they should have rating-powers as a River Board over the whole district, including the boroughs and townships therein. In the Thames Harbour District, though the River Board would have the maintenance of the stop-banks, the duties of dredging the river to maintain navigation ought to remain with the Harbour Board. Tolls on vessels and goods. The River Board should have granted to it the right to levy tolls on vessels using the waters under its jurisdiction, and on goods passing over wharves built or maintained by it. Const it lit ion of Hoard. The Commission recommends that the new Board should consist of eleven members, and be constituted as follows : — Two members to be nominated by the Ohinemuri County Council. One member to be nominated by the Thames County Council. One member to be nominated by the Piako County Council. Two members to be nominated by the mining companies. Three members to be nominated by the Government. Two members to be elected by the ratepayers of the new river district. The Commissioners are of opinion that the Government nominees should be non-political appointments, and advise that officials having local knowledge should be selected, such as the Warden, the Inspector of Mines, and the District Engineer of the Public Works Department. It may be considered advisable, after the completion of the works, to reduce the Government nominees to two, replacing the third member by one to be elected by the ratepayers of the drainage district. It is suggested that only the mining companies contributing to the special rate upon them should be voters, and that they should select their representatives by voting in proportion to the amount of gold duty paid by each company in the previous year upon gold won in the district, Revenue of Board : Gold duty three-sixths; mines one-sixth; rating one-sixth; Government onesixth. The Commission recommends that three-sixths of the annual revenue required to be found by the new River Board should be deducted from the gold duty; that one-sixth should be contributed by those mines and extraction companies which discharge their tailings into the rivers or watercourses, and that the allocation of this special rate should be directly proportional to the tonnage of tailings so discharged; that one-sixth should be derived from rates to be levied in the new river district upon all lands, Native or European, excepting Crown lands, and to be leviable in varying proportions dependent on the direct or indirect benefits to be obtained, as is provided for under the River Boards Act; that one-sixth should be contributed by the Dominion out of a special allocation to be authorized by Parliament, in order to provide a contribution in respect to the Crown lands which, whilst benefiting under the proposals, could not otherwise be rated.

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Waihi Borough and gold duty. The Commissioners find that since the Waihi Borough was formed in 1902 it has received up till the 31st March last from the gold duty and goldfields revenue the large sum of £122,151; that for the year ended the 31st March, 1909, there was received from gold duty £20,775, from other sources of goldfields revenue £1,553, or, together, £22,328; also that for the corresponding period ending the 31st March, 1910, the similar receipts were £22,153, and that, in addition to these large sums, there were subsidies received from the Government in 1908-9 amounting to some £395. No doubt, in a mining town suddenly coming into existence, with a large population, it is very advantageous that the gold duty should be available for the purpose of providing for the facilities and for the decencies of life, which could not otherwise be provided for out of current rating-powers; but your Commission respectfully points out that it probably was never intended by Parliament, when passing the Gold Duty Act, that this source of income should render the inhabitants of a mining township more immune from taxation by municipal rates than the citizens of other townships throughout the Dominion. The Commissioners are satisfied that the existence of the annual income from the gold duty and goldfields revenue has led to municipal extravagance, and that the taxation by rates is far less than in other New Zealand towns of a similar size In 1908-9 the total rates collected from a population estimated as about 5,850 was only some £830 (which included £176 Government subsidy on the rates), being about 2s. lOd. per head of population per annum, or lis. per ratepayer. This contribution per head per annum may be compared with the revenue derived from taxation in the following towns of somewhat similar size. The information is deduced from the statistical tables issued by the Government relating to local governing bodies for 1908 (vide pages 713 to 718).

Waihi rentals and overdraft. It is also understood that the rentals charged for building-sections under the o-oldfields laws are also much smaller than is the case in other parts of the Dominion Notwithstanding the favourable conditions produced by such large annual receipts from the gold duty, &c, the officers of the municipality admitted liabilities in the way of loans and by way of an overdraft of some £3b,000 at the 31st March last/and urged that immediate extensions of municipal requirements would involve a further capital expenditure of some £91,500. It is no doubt, a very laudable desire that the Borough of Waihi should be a model township, equipped with every convenience and even luxury that will conduce to the happiness of the inhabitants, but the Commissioners are of opinion that the time has now been reached when the borough should cease to be spoon-ted to

Name of Borough. Waihi Lyttelton Mount Eden Hokitika Thames Grey Lynn Blenheim Hamilton Westport Petone Parnell Oamaru Devonport New Plymouth Gisborne Timaru _ . .. Number of Population. Ratepav(>1>< . i 5,850 1.410 4,150 635 8,700 2,409 2,100 625 3,75.) 920 7,000 L356 3,351 751 2,600 650 4,000 1,200 7,20.) 1,026 5,600 674 6,000 1,250 6,300 1,103 5,200 800 7,000 1.2(H) 7,600 1,450 Revenue Amount of Amount of received from Rates per Head Rates per RateRates, of Population. payer. £ £ s. d. £ s. d. 830 0 2 10 0 11 9 2,195 0 10 7 3 9 1 5,855 o 13 6 2 8 8 1,562 i) II 10 2 10 0 2,919 o 15 7 3 3 5 5.996 0 17 2 1 8 5 3,235 0 19 3 16 3 2,749 112 "> 0 0 1,943 14 8 12 4 8,902 1 4 li 8 13 7 6,974 1 4 10 10 6 11 7,477 I I 11 5 19 7 8,565 17 2 7 15 3 9,491 1 16 6 11 17 4 13,560 1 18 9 11 6 0 15.789 2 I 6 10 17 9 £ s. d. 0 2 10 0 10 7 0 13 6 ii 11 10 0 15 7 0 17 2 0 19 3 1 1 2 I 4 8 1 4 9 1 4 10 I I 11 1 7 2 1 16 6 1 18 I) 2 1 6 £ s. d. Oil 9 3 9 1 2 8 8 2 10 0 3 3 5 1 8 5 4 6 3 5 0 o 4 2 4 8 13 7 10 (i 11 5 19 7 7 15 3 11 17 4 11 6 0 10 17 9 , __i I

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the extent that it has been in the past, and that the inhabitants should be willing to be rated to an extent more commensurate with the rating existing in other boroughs. Whilst it may be rignt that in districts where gold-prospecting is being carried out, and the returns are small and uncertain, the gold duty should be handed over to the local body, it does not appear as reasonable that where the industry, as at Waihi, has settled down to a period of great and continued prosperity, the local body should derive so great benefits. Gold duty to provide one-half income. . The Commissioners have therefore no hesitation in recommending that the gold duty and goldfields revenue should contribute one-half of the annual income required to carry out their proposals. Paeroa—Waihi Road maintenance. It has also been brought under the notice of the Commissioners that the Waihi Borough contributes too small an annual sum to the Ohinemuri County for the upkeep of the main road from Paeroa to Waihi. As this road is used above the Owharoa Bridge almost entirely by the mining traffic to and from Waihi and Waikino, which latter township is an offshoot from and is entirely dependent on Waihi, and as there is practically no agricultural or other interests concerned in this portion of the road, the Commissioners recommend that the Waihi Borough should pay for the whole cost of the upkeep of the road from the Owharoa Bridge to the borough boundary. Ohinemuri County and gold duty. —Small rateable area. The position of the Ohinemuri County Council, the only other recipient of gold duty and goldfields revenue in the Ohinemuri district, is a very different one from that of the Waihi Borough. Out of 30(3,000 acres in the county, the area on which rates can be collected is only about 34,000 acres, or one-ninth. All lands to the eastward of the river, except the Township of Paeroa and some freehold land along the river front, is in the goldfields area, and, as such, is exempt from rating. There are large areas of Crown lands as yet unoccupied, and therefore not paying rates; and, whilst the large area of Native lands can theoretically be rated, there is no power in practice to collect such rates. This county, only having power to rate one-ninth of its area, has within its boundaries the Township of Paeroa and the mining Villages of Mackaytown, Karangahake, Waikino, Waitekauri, and Komata; and it has to form and maintain great lengths of roads, both main and branch, to these villages, and to other mines. Owing to the bulk of the gold duty having been earned in the Borough of Waihi, the county has thereby suffered by not receiving that portion which would have been its share had the Town of Waihi not been severed from the county. From 1908 to 1909, inclusive, the Ohinemuri County only received £56,674 from gold duty and goldfields revenue for expenditure in its widely spread district and on behalf of its widespread population of 5,895; whilst the Borough of Waihi with its population of 5,850, received for the same time £122,151. That the Ohinemuri County was unable to carry out its functions on this income is shown by the fact that in the past eight years, ending March, 1910, they have received Government grants in aid to the extent of £23,944. Revision of distribution of gold duty. It appears to your Commissioners that it would he well if in future the provisions of section 13 of the Gold Duty Act could be brought into operation, which section permits one-half of the gold duty to be distributed to local bodies other than those in whose district it is produced, in such a manner as to put the Ohinemuri County Council on a more satisfactory financial footing. Native lands : Rates should be collected. The Commissioners are of opinion that those lands owned and occupied by Maoris existing within the district that will be benefited by the proposed works should contribute equally with the lands occupied by Europeans, and be rateable

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to the same extent, They recommend, if these Native lands are not purchased by the Crown, that in any legislation giving effect to the recommendations of the Commission there should be provision made that any rates levied shall be capable of being collected as if from a European, and not only after reference to the Native Minister. It is also recommended that similar powers of resumption of riverine lands for the construction of stop-banks and other works should be enforceable against Native lands without compensation, as is proposed for lands. Estimates, £150,000. —Annual expenditure. Whilst the Commissioners have not been enabled to make estimates in greai detail, they have satisfied themselves that the works they recommend, including payment of the compassionate allowances for damage by floods, and including the plant necessary to execute the works, can be carried out probably for £130,000. But, in order that there may be sufficient funds, they recommend that provision should be made for a Government loan to the new Board of the sum of £150,000, which it is presumed can be provided at a rate of 4i- per cent to cover interest and the extinction of the loan, or an annual charge during the existence of the loan of ... ••• ••• ■•• ••■ £6,750 For annual upkeep of the works after completion, for dredging where and when it is required, with office, engineering, and management expenses, including cost of collection of rates, and of elections, the Commission think a liberal allowance would be ... ... 3,250 Or a total annual expenditure to be provided of ... ... ... £10,000 In the proportions recommended by the Commission the gold duty would bear one-half, or a maximum of ... ... . • • £5,000 the mining interests would bear one-sixth, or a maximum of ... 1,667 the Consolidated Fund would bear one-sixth, or a maximum of ... 1,667 rates from the new district would bear one-sixth, or a maximum of ... 1,667 £10,000 Charge per ton of ore on mines. Upon the present output of about 550,000 tons of ore treated per annum, the proposed charge amounts to less than fd. per ton—a tax which cannot affect the working of any low-grade ore, and an amount which it is believed the mining industry can well afford to contribute towards a solution of the difficulty. Rating on lands. The rates on the new district would probably be divided into three classes under the scheme laid down in the River Boards Act, and be assessed at different rates upon the three classes of land interested— i.e., upon those lands directly benefited by the works; upon those lands benefited, but not to so great an extent; and upon those lands deriving no direct benefit from the works, but which, being within the drainage area, contribute to the flooding by letting down the waters more rapidly than would have been the case in a state of nature. Drainage Board. The Commissioners recommend that, in the special legislation which they presume will be needed to give effect to their recommendation, the new Board should be constituted not only a River but a Drainage Board, and that the beneficial and operative clauses of the Land Drainage Act be embodied. As much of the lands on the western side of the Waihou River are at levels that require systematic draining if they are to be made fit for settlement and are to be brought into satisfactory cultivation, and as such drainage must be largely to the Waihou River, it appears to your Commissioners that, in order to prevent overlapping of or interference of duties, the matter of arterial drainage should be intrusted to the new local body, and be carried out as a pari

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of the scheme of river improvement and upkeep. Provision would have to be made for the assessment of a special charge to cover the cost of works of drainage or outfall done to benefit special lands. 5. The fifth reference made to the Commission was that it should generally report its opinion on all matters arising out of or touching upon the inquiry. As in the preceding portion of the report the Commissioners have touched upon various collateral matters in addition to those referred to them under each heading, they have little to add thereto.

Reference Clause 5. Fishing industry. It may, however, be a convenient place in which to express the opinion of the Commissioners that the fishing industry at the Thames, as relating to the Hauraki Gulf, has not been seriously affected by the discharge of tailings into the river. The fishing industry is one which is everywhere subject to considerable variations from natural causes, and to fluctuations sometimes arising from the depletion of the fishing-banks by excessive working. The Commissioners regret that there should be a risk of further damage to the Thames fishing industry by the carrying-down of fine slimes into the Hauraki Gulf, but are satisfied that this cannot be avoided, and that the local fishing industry must, if trouble arises, give way to the general benefit to the Dominion caused by the continuance of the mines. They are of opinion that any further change in the fishing-fields will be very gradual, and that the fishermen will in a similar gradual manner adapt themselves to the new conditions, and they also think it probable that, with the improvements now being carried out and proposed in the Paiko River, the fish may change to that stream from the mouth of the unquestionably polluted Thames River. The Commissioners therefore recommend that there should be no compensation provided now or in the future to the Thames fishermen. Tree-replanting. The Commissioners noticed in many cases that the removal of the bush from the hillsides had been followed by serious slips of the soil. The effect of these slips must be that large quantities of soil will find their way to the streams, and that the escarpment so caused will be of no value for carrying grass. The Commission recommends that on all hillsides where there has been, or is, an indication of slippage the lands should be replanted with suitable trees. It is understood that some 6,000 acres of bush lands have been cut out in the Waihi and Waitekauri district for mining purposes, and that such land is of but small use for grazing purposes. The Commission urges that in such cases it should be compulsory on the mines benefiting by the use of the timber to reafforest the lands. It cannot be too strongly urged that the maintenance of bush on hillsides, by holding back the rain-waters and permitting them to flow off slowly, tends to reduce the magnitude and violence'of floods, and that the vegetation, whilst itself absorbing rain that would otherwise flow off, also prevents the removal of the soil into the streams.

Summary. Summan . The Commission respectfully summarizes its recommendations as to what should, in its opinion, be clone to deal with the evils that it was set up to investigate, as follows : — (a.) As to Affected Lands. —That a survey be promptly made of the lands affected by recent flooding; that, as the results of such survey, a Stipendiary Magistrate be authorized to fix the amounts of compassionate allowances to be awarded for total or partial loss of land, and of stock and income therefrom. (b.) As to the Use of the Rivers as a Sludge-channel. —That the 1895 Proclamation be revoked six months hence; that a new Proclamation should be issued permitting slimes to be placed in the Ohinemuri River, and, from existing

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mines only, in the Waihou River and Komata Creek; that no mining debris be placed in the Ohinemuri River, except under special permit, from the mines at Karangahake; that tine grinding to slimes be enforced in all cases, and that fine grinding be defined as 95 per cent, of the crushing to pass through a standard 80-mesh screen. (c.) As to the Utilization of the Wealth contained in the Coarse-sand Tailings claimed under River-dredging Licenses by the Waihi-Paeroa Gold-extrac-tion Company (Limited). —That the legal position should be determined, and, if possible, that the gold contained therein should be made available for payment for the proposed works. (d.) As to Works of Prevention. —That the Public Works Department be employed to make stop-banks, with flood-gates, &c, along each river-bank where required, on lands to be taken without compensation; that the Public Works Department obtain plant for and carry out the dredging in the rivers, removal of the willows, the making of the river-diversion in the Waihou at Ngararahi-Opukeko-Te Koutou; and, so soon as it can be legally done, in the Ohinemuri from Pereniki's Bend to the Junction; that a new wharf be constructed on the site of the present Te Puke - Netherton Ferry. (c.) As to the Blending of the Waters of the Waihou and Te AwaitiPiako Rivers. —That a survey be made and steps taken to divide the watershed in accordance with the information thus obtained. (f.) As to Native Lands. —That any lands affected by the proposed works should either be purchased or be made subject to European conditions, and that any rating for river pur poses be enforceable against Native lands. (g.) As to River Board.— That the existing Ohinemuri River Board be abolished; that a new Board be constituted, having special representation and jurisdiction over the whole watershed area, except within the Thames Harbour Board limit, to collect funds to pay interest on the cost of construction of the works proposed, and on their completion to undertake the duty of their upkeep and extension; that the Board be given, in addition to usual River Board powers, special powers to deal with sludge-channel interests and as a Drainage Board, and to deal with the influx of light sands from drains, with power to impose tolls on vessels using the navigation and goods using the wharves, except within the Thames Harbour Board limit. (h.) As to Finance.— That the funds required—say, £130,000 to £150,000 —be advanced by the State to the River Board, and that the revenue of the Board, to provide interest on and to repay same, and to carry out its functions, be derived from gold duty, from a tonnage rate on the discharge of mining debris and residues into the rivers, from a contribution from the Consolidated Fund, from rating-powers over the River Board and drainage district, including Native, but excluding Crown lands, and from sundry tolls, &c. (i.) As to Gold Duty. —That an equitable distribution of the gold duty be made between the Waihi Borough and the Ohinemuri County, and that the cost of the upkeep of more of the Main Road be thrown upon the borough. (j.) As to the Fishing Industry. —That it has suffered no substantial harm entitling it to special consideration. (k.) As to Hill Bush Lands.—That it is important that works of reafforesting be undertaken. (I.) The Commissioners advise that in so far as their recommendations cannot be now legally carried into effect there should be special legislation. And this our report, which has beer, unanimously adopted, we have the honour to respectfully submit for the consideration of Your Excellency, in obedience to the Commission addressed to us. Given under our hands and seals, this eighth day of July, nineteen hundred and ten. William Ferguson. (1.5.) Edwin Mitchelson. (1.5.) F. R. Flatman. (1.5.) Chas. R. Vickerman. (1.5.)

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January, 1907. View taken during Flood.

I.ell haul; of Upper Waihou, about two miles from junction, at place called Comati Waihou West No. 3 Block Block XII. Waihou Survey District, showing where river broke over bank and flowed towards Netherton.

June, 1907. Photo of Suck-in Bay (Kopu).

Where figure standing boats could go up. It was in Suck-in Bay the "Luna" turned round after backing down from Puke te Wainui. A

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June, 1907. View from Marsh's Paddock, a little below Cattle-crossing and looking up-stream.

June, 1907. View from above Railway-line below Moananui's Hill, showing Silt on both Banks of River looking toward Trig. Station 62.

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June, 1907. View of Silt-bank, Pereniki Bend.

Settlers used to tie ap their boats at willow where figure standing, in about 6ft. of water.

June, 1907. Wairere Paddocks (Marsh's), destroyed by Silt.

View looking up-stream, liiver to be just seen through the willows on left of picture.

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Steamers "Ngunguru," "Patiki," and Launch "Matuku" lying at Railway Wharf.

Railway Wharf and Part of Railway Bridge.

Taken shortly after completion of Railway Wli

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June, 1907. View of Railway Wharf and Silt-banks taken looking up-stream.

Compare with photographs on previous page as to level of stream

June, 1907. View of Silt-deposit on Barrett's Paddock.

River at willows, looking towards Mr. Cock's house

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June, 1907. View of Silt-bank Ohinemuri River, looking down-stream, between Vincent's House and Barrett's Paddock.

About August, 1907. Showing Silt-deposit, Opita, on Right Bank Upper Waihou, Moana Kapiti Block.

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August, 1907. Taken on Left Bank Ohinemuri, opposite Snodgrass's Wharf.

August, 1907. Showing Silt on freshly ploughed Land at Puke te Wainui.

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August, 1907. Silt on Right Bank Ohinemuri River, opposite Paeroa Dairy Factory.

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OHINEMURI and WAIHOU RIVERS SILTING COMMISSION. Plan of Portion of Ohinemuri and Waihou Rivers showing Areas affected by Floods.

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OHINEMURI and WAIHOU RIVERS SILTING COMMISSION. PLAN OF WATERSHED AREAS.

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OHINEMURI and WAIHOU RIVERS SILTING COMMISSION. Plan of Portion of Ohinemuri and Waihou Rivers showing Areas affected by Floods.

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MINUTES OF EVIDENCE.

Pabroa, Monday, 23rd May, 1910. The Coiiiinissiui] met at 10 a.m. Mr. T. Cotter mid Mr. T. A. Moresby appeared for the Ohinemuri County Council, Mr. U. McVeagli and Mr. E. Clendon for the Waihi Borough Council, Mr. C. J. Tunks for the mining companies, Mr. A. Hanna lor the W'a ihi-Paeroa Gold-extraction Company (Limited), and Mr. F. H. Mueller for the Ohinemuri River Silting Association. The Chairman: There was evidence given before the Goldfields and Mines Committee in 1907, 1.-4 a, which clears away a good deal of the ground, i take it. I presume that some of the witnesses who gave evidence then will be here to give evidence again. 1 suggest that the matter might be simplified possibly bj their stating that, so far as the evidence as given by them is concerned, thej approve of it, and they can state what changes nave taken place since then. Some of the exhibits then put in evidence by them have unfortunately been destroyed by the fire that occurred at the Parliamentary Buildings. It appears to me that the best'method of procedure will be for those representing the farming industry to show what extent of damage has been done to their properties. We will take their evidence first. Mr. Mueller: In opening the case for the farming community, I wish shortly to state that the holding of this Commission is one of the most important events, if not the most important, which has occurred in this district for a very considerable time. The result of the inquiry, no matter what that result may he. will undoubtedly have a very great effect upon the welfare and prosperity of almost the whole of the individuals in this district. There is no doubt that during the whole of this inquiry a great deal of what might he called ancient history will be placed before the Commission. Therefore I would ask the Commission to bear with me for a moment in referring to what has led up to the present position, and to the agitation which has resulted in the holding of this inquiry. The Ohinemuri goldfield was opened in 1875. In 1895 the Proclamation was issued declaring the river to lje a sludge-channel. Up to that time the amount of mining in the district was very small comparatively, and it was not until some years after that any result was seen as to the effect of this silting. It was in 1900 or 1901 that it was first noticeable to have any serious effect. It was then drawn attention to, and a report was obtained from Mr. Perham, which no doubt the Commission has seen, or will see. Up to the year 1901, from the information that I have been able to gather, roughly there would be about half a million tons put into the river. Up to the present time I think it will be found that over four million tons have been put into the river. This quantity of stuff lias been increasing hi a very large ratio. The Silting Association was formed some years ago for the purpose orseeing if they could not have remedied what they looked upon as a very serious evil to the farming and agricultural interests of the district. In 1907 a petition was presented to Parliament, and evidence was heard before the Mines Committee as to both sides, and that petition was favourably reported upon. The petition practically sets out the stand which the l association takes at the present time, and which it has taken up, in connection with this matter. The petition states, — " To the Honourable the Speaker and Members of the House of Representatives in Parliament assembled. "The humble petition of the undersigned members of the Ohinemuri River Silting Association humbly showeth, — " 1. That your petitioners are the members of the Ohinemuri River Silting Association, and were duly appointed at a public meeting convened for that purpose. " I. That on the 4th day of April, 1895, the Ohinemuri and Waihou Rivers flowing through the Thames Valley were proclaimed sludge-channels for the deposit of mining debris. " •'!. That since the date of the said Proclamation the introduction of the cyanide process in the treatment of ore lias led to a silting-up of the rivers, thereby destroying a valuable navigable waterway, and creating great and lasting damage, and injury to large areas of valuable land by tin' deposit of silt and the obstruction of natural drainage, and streams available for domestic and township water-supplies are being destroyed. "4. That the Thames Valley has become an important producing and farming district, settlement is becoming permanent, and large areas of land are being brought into productive use: ami, in addition to this, thousands of acres of Crown lands are becoming available for settlement, use, and occupation, all of winch is being seriously prejudiced by the raising of the river-beds owing to the silt-deposits. "5. That by reason of the silting-up of the Waihou and Ohinemuri Rivers numbers of farmers and settlers are being ruined, their properties destroyed, large and valuable industries are being crippled, settlement will be retarded, and the progress of this portion of the Dominion clacked. " (i. That this (piestion is not merely a local one. but is a colonial one, affecting great national assets: and the said rivers are amongst the most productive and important navigable highways in the Dominion. " 7. That the stoppage of the deposit of silt in the said rivers will not preiudiciallv affect the mining industry in any degree commensurate to the great and lasting damage that is now being .lone to national assets and permanent industries. "Wherefore your petitioners pray that such immediate steps be forthwith taken as will prevent the damage to and destruction of the valuable national assets comprised in the said waterways. lands, ami industries. "And your petitioners will ever pray, &c."

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That is the stand which they still consider it their duty to take up m the interests of the farming community As regards the damage, it will be the main point of our case that the damage can be put down-firstly, to the land, and, secondly, to navigation. That will come into the matter, of course, on account of the farmers also. And the damage to the land is not only to the surface of the land, but it is damage to the other land in the way of the stopping-up ot drains; the outlets of the drains to the rivers become choked, and the laud which may not be covered with silt is affected by the want of drainage. We will attempt to place the matter of damage as far as possible before you, starting from the top of the river as near as possible, and taking the properties in sequence, as near as possible, down the river. We will try to give the actual area which is absolutely destroyed, in the opinion of the owners, and we will also try to give the actual area that is partially damaged. The question of damage of course, not only refers to the land which is damaged, it refers to the cattle also; and ... that respect 1 shall specially mention to the Commission one particular, and thai is this : that the very fine deposu that wil sometimes be made over the pasture- is so fine that it actually adheres to the grass itself, ami when the sun comes out after the flood-waters have subsided, tins deposit is adhering to the grass and the sun turns the deposit into a sort of paint almost The farmers call ,t whitewash but it is worse than whitewash, because it does not wash off with ordinary ram It has either to be eaten off by the cattle or grown off by the mass. Evidence will be given to show that some ot the cattle have been found after slaughter to have this stuff inside of them-in their lungs—stufl which is presumed to have come from the pasture itself. The land is not only European land, b here l ;' also Native land. A very large portion indeed of the land ,n this district is Native land AYe have one or two representatives of the Native race who wil give evidence before the Commission on behalf of their different tribes, *ho are very largely interested in this matter. They s,v that at the time this district was ceded the Government, m asking them to sign the deed of'cession for mining purposes, gave then, a promise that they would not be injured at all ), mining: and they consider, whether righth or wrongly, that they have a grievance h , con nection with the silting-up of the river and the damage to their land. It may be saw na the evidence which will be given in connection with the assessing o the damage to the land will be overestimated. 1 wish to draw your attention to this fact : that these farmers, who will be glad to give evidence as regards the damage to their land and as to the deprecation m valueever one of them would sell out to-morrow, if he got an opportunity. I think lam justified , vi, "that all of them are willing to sell at once. They do not like to put the damage done very Seat amount, because they are under the impression that if they depreciated the value O their land out of their own mouths, how could they ask a purchaser to give them the figure the v think-thev ought to get for the land? So that, instead of the damage being overestimated. thinkyou will see that it will be rather underestim, I, because they are in that Position that hey are'willing to sell at any time. I think it is a foregone conclusion that will be admitted by •ct cdlv all the parties to this inquiry that some damage has been done The question wll hi the amount of damage As regards the navigation. I dare say the Commission have seen the different heads navigation that have existed from time to time in this rive, At one time the S„ went right past the Paeroa Township by a couple of miles, right up to Mr. Cock s nlace When the bridge near the Criterion Hotel was erected that prevented the navigat.on place. vvnen wJ . Snodtrrass's Wharf, a little below the Criterion Hotel: and KmtLrl ft went down to wharf at the end of Wharf Street, about the centre of the from ttiere it c rairwav . D ridee was built, which prevented any traffic above that. Sen the Wo VarfJas buflt, near the junction of the Ohinemuri and Wa hou Rivers Thathas been discarded, and new the lead of the navigation ,s at Te Puke-that is, K,vers. It at nas oeen regards the Waihou River, the navigation still continues as regards the" The evidence will be that the navigation has been impeded vS ZHa lv d that it is P still being hindered. After the question of. damage comes ■ The ouestion o the remedy. The association which 1 represent is not an association of experts: , is q mreh an association of farmers and business men. and they look upon the matter in this Lht-ThJv say that what has caused the damage is the silt that has been put into the river; Stored n tura, ST "S otffi deposit, of tailings ,no thr■ v<£ t will be aid that . ,ngs in the river There will be «icience t prevention of any further can be done m that respect. ™etby rromt dredging the channels and tailings is to be*do g ne-the question of cutting down the willows, and «J» «gj £? e to mention this: that the revenue which is men- ,„ „„. „ iniM di«rioi, ..a a.i fi'ritf.SS " * *S-1 b»« « ol the di.trict tor the law of m.nCT. right*, """ 0' "■'""»■

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sites, and license fees : that comprises goldfields revenue. In this district there is a considerable amount received per annum as goldfields revenue. That revenue is distributed to local bodes. Then there are the Natives. I might explain that in the mining district there is some Native land, and when Native land is taken up for a claim, or for any purpose connected with mining, a .£1 miner's right has to be taken out. The ordinary miner's right is ss. That £1 goes to the Native owners of the block. That is not distributed to the local bodies at all. It is only the five-shilling miner's right that is distributed to the local bodies, and the rents and license fees. So that when you hear gold duty spoken of. you want to remember thai that is only a part of the goldfields revenue distributed to local bodies, although, of course, the gold duty, as it turns out, comprises a very large portion of the revenue. That is a very rough outline id' the evidence we will place before the Commission. It is impossible to go into the details at present. These details can only be evolved from the evidence which will be submitted. We all hope that the result will be one that will be looked back upon as a matter of history, and will be satisfactory to all parties in the welfare of this rather important portion of the Dominion. Geokoe Buchanan examined. (No. 1.) 1. Mr. Mueller. J Your name is George Buchanan? —Yes. 2. You are chairman of the Silting Association? —Yes. 1 live on the Thames Road, Paeroa. 1 do not live near the bank of the river, but I am trustee of a property on the bank of the river. I am a trustee of the lluruhuru Estate, situated about half a mile above the Ohinemuri Trafficbridge—the Chinamen's gardens. 3. How long have you been here ?—About eighteen years. 4. What was the condition of the river when first you knew it J—lt was a clear deep river; you could see to the bottom of it in most places, except where then- was extra depth. .">. As regards its drinkable qualities) —It was drinkable by man or beast. (i. What is, roughly, the condition of the river now in that respect? —It is not fit to drink, and it is very shallow in many places. The sides are greatly contracted by deposits of mining tailings. 7. What effect has that in time of Hood .'--The whole of the adjoining lands are covered with water. After the floods subside there are great deposits of mining tailings: the coarse tailings are near the outer banks of the river, and the finer tailings are inland, further from the river. 8. Do you remember the steamers coming up to Paeroa?—-When we came here first I saw the p.s. " Patiki " and the p.s. " Te Aroha " about 100 yards below the Criterion Hotel —the tirst traffic-bridge; it was at Snodgrass's Wharf. 9. The Chairman.] Have you any idea of the tonnage of the vessels?—l could not say. I think evidence will be called as to that. 10. Mr. Mueller.] What is the condition of the site of the wharf at the present time? —The site of the wharf is completely covered by tailings to a depth of 4 ft. or 5 ft. You cannot see any of the old wharf now. 11. Do you remember steamers coming to the Wharf Street Wharf? —Yes, the "Ohinemuri" and " Paeroa." Several large steamers used to come to that wharf. 12. That wharf is in the river about the centre of the township? —Yes. Where the " Patiki " used to lie there is a bank now about an acre and a half in extent, I should think, filling up more than half the bed of the river. There is now a bank of tailings where Snodgrass's Wharf was. 13. What is the state of the wharf where the Wharf Street Wharf was?— What is left of it —there is a heavy deposit id' tailings there, and large banks on either side. 14. What vessels can get up to those wharves now?—lt is all that small yatching-launches can do to get up as far as ilia, now : at low tide it is practically impossible. 15. The Chairman.] I would like to have it cleared up about this bank id' about an acre anil a half. What was the length of Snodgrass's Wharf? —it was a small wharf. It was about 8 ft. long —just long enough to allow steamers to go alongside. 16. How far out did it go from the bank?— About 6 ft. or 8 ft. It was deep water right alongside. 17. Now, you say there is about an acre and a half of bank there?— Yes, at low tide. 18. What length is it?—l should think it would be about 9 chains long from end to end at low water. 19. Can you mention any other portions of the river that are very bad? —Pereniki's Bend. It is almost impossible to gel a boat across there. It would be almost impossible to get a boat of any draught more I ban thai of an ordinary launch up the river beyond that place—that is, at low tide. There are many banks of tailings on the northern side of the river beyond that point. Here are photographs of Pereniki's Bend and the river at the Railway Wharf, taken on the 21st April. [Exhibits 2 and 3.] 20. Mr. Mueller.] You know the junction of the two rivers, the Ohinemuri and Waihou?— Yes. 21. Is there a large bank there?— There is a very large bank just, below the junction of the two rivers, on the Paeroa side of the Waihou. in the main river. 22. What has happened to that bank within the last few years?—lt has been greatly increased in size. Steamers used to come up on that side of the river; largo steamers came up— the "Paeroa." ■Ohinemuri." " Taniwha," and the "Waimarie." 23. And they used to berth at the wharf above?— Yes, at the Junction Wharf. ■24. What is'rhe -tale of navigation there now .' —It would be impossible for them to get past it unless at very high tide or when the rivers are in flood. 25. You have been up the Waihou River?— Yes.

Tg. BUCHANAN.

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26. What distance up the Waihou can you find mining tailings?—At the mouth of the Waihou, almost at the Junction, there is a large island of tailings: and for a distance of two miles up the river tailings are to be found on either side. 27. The Chairman.] What extent of tailings? —There are greater quantities nearer the June tion, and in a lesser degree lor about two miles up. 28. Mr. Mueller.] How do you account for those tailings being found two miles up the Waihou River? —When the Ohinemuri is in flood it rises quicker than the Waihou, and when the water cannot get away past the Junction quick enough it has to back up the Waihou. 29. The Cliairman.] You think it goes up, and takes the tailings with i, /—lt backs up the Waihou. The Ohinemuri water comes down much quicker than the Waihou. 30. Mr. Mueller.] You know the Waihou right up to Te Aroha?—For about eight miles past the Junction. 31. Above two miles from the Junction, what is the state of the Waihou compared with htteen or eighteen years ago?— Practically the same as it was fifteen or eighteen years ago. There is an isfand a good way up that has a bank of river-sand behind it. 32. How far is that from the Junction? —I should say about seven or eight miles up. It maj be a little less. 33. Do you know the Waimarie Bend? —Yes. 34. Whereabouts is that .'—The point of the river below the Rangiora Road, pretty well op posite Robinson's place. , 35. What can you state about the Waimarie Bend/ — There is a point ot tailings running out there, about 30 ft. or 40 ft., I should say. 36 Generally, what effect have these tailings on the river/—Narrowing the banks to a great extent on the main Waihou, and in the Ohinemuri filling up the river-bed, and also encroaching on the banks to a very great extent. 37 The Chairman.] Why do you think the river-bed is being filled up from below/- Ihe Waihou is pinching or narrowing, except the larger banks at the Junction. lam speaking of the main Waihou River. The banks are encroaching in the main Waihou from the Junction down. 38. You do not think the lied is Vising 2—No. 39 Have you any reason for saving that .'—We went down in a boat, and we could not trod any appreciable extent of lied rising, but we could see evidence of the sides encroaching. 40? Do you think the bottom is of the same character as it was before?—les. very much the same. 41 As far as the nature of the bottom is concerned? —Yes. 42. Is that all the way down from the Junction?—No ; there are banks beyond the Junction—more particularly just below the junction of the two rivers. 43 You think that below Te Puke what you say is right?— Yes: the banks are encroaching ~re itlv below Te'Puke. There are spits running out here and there. Just below Netherton There is an island—just about a mile down-an island with a willow-tree at the top end of it 44 1//- Mueller] As regards the Ohinemuri, can you say whether the bottom has tilled up.' -Yes;'in some places near the top you could hardly touch the bottom with an oar once, and you can almost walk across it now. 45 Isthat in one or two places or in many places?—ln many places 46 What is the effect of that on the drainage of the country?— Naturally the water canno ge, away quick enough, and the capacity of the river has been so much decreased that it must go over the banks. 47. It flows over the banks.'—Yes. 48 Coming down to your own land—the Huiuhuru Block that you mentioned : can you state what area has been damaged/-About 10 acres altogether ot that land. It ,8 only that bind that the river and tailings have been over. 49 Mr Vickerman.] That is not destroyed, it is damaged 1 -There is about 5 acres of riverbank that used to grow very good feed. It is completely damaged :it is useless there is about ifacres of Chinamen's garden. The adjoining paddocks are practically useless owing to the useless for gardening purposes or for gl ' aSS sl Mr Mitchelson.] Is there any grass on that land?— Yes, in some places. -,2' The Chairman] You say that 5 acres has been completely destroyed?—lt will not carry anythinglke whatit should carry. It will carry very little indeed: in fact it is impossible to Ploughft "There are patches that will grow, a little grass. The silt is too deep injured, about 40 acies t* acres w* gardens, tenanted by Ah Foy and All and Vincent j annua rent £. pt a aim * by . ™pi« Valuer Total annualrent, £104; total capital value. ,2.100. Soning interest ats per cent, on the capital value, .would be •"*«."<>■ 54. What is the Government valuation of that land?-About £1,800. ,

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55. Have you ever appealed against that .'-No. There are paddocks that are le, for grazing at the rate of t 1 per acre a year. There is the land that has been le. for gardening purposes lira, was previous to ,he H Is. When they saw the Hoods they backed out" of he 7 agreement. Ihe agreement was no, signed. The Chinese have already given notice to leave the garden. I hey canno keep on any longer, although they have been fifteen years there ofa. It would be worth how much .'-An average of about €1 5s an acre " 57. Mr MUchehon.] That is for rental purposes/ Yes. Some of the land was sold at £60 a halt-acre tor building-sites. 58. The terms or cash/-Cash. The greater par. of those flats would be equally valuable lor building-sites ,f the tailings had never been put into the river •'•'■ ls fchere " m, ' h demand for building-sites; the town is not growing very rapidly J—lt would have grown very much more rapidly if if had not been for the tailings ' 60. What would have made the town grow?—lf the tailings had been stacked 61. Apart from the tailings, what would have mad,, it grow?—The mining industry and the farming industry. r • "° 62. Mr. Mueller.] Is there any unoccupied land about Paeroa? Yes, any a unt 63. Could thai beulilized if there hail been no tailings at all? The whole of the land would not be utilized for agricultural purposes, but plots were very much sought after hi. What do you reckon the present capital value of that property is?— Not more than £1 000 owing to the damage. We shall no, get the rental value for more than thai out of i, 65. Iht Chairman.] You will practically get half/--That is only since the las, flood. Had there been ,„, tailings in the river the land would no, have been so much damaged; the land would have been Ot vny much more value for building-sites. 66. You say that, apart from being agricultural land, it was suburban land, and as suburban land you might have been able to get a higher rental than £104: what rental/ I think the great majority ol v wouldhave been sold by this time at corresponding prices with Porritt's bi. How many new houses have been built in Paeroa during the'las, five years, a,.art from business premises?—] should think about forty or MI'U I, is impossible almost to sell township sections, owing to the Hoods. ' ~ 'if' Mr - .J 7 "'""'! ere has 'I"' building taken place/ On the high ground and I,ills near tne inames Railway. Four new houses have be,.,, built there practically within the last few months. 60. You are chairman of this Silting Association?— Yes. 70. What are the objects of the association : what does voiir association want as regards this silting matter/ We want the tailings not put in the river, or a remedy that will lie equally as We want the present condition of the rivers relieved at the earliest possible date. 71. If something is uol done, what do you think will be the result/ All the low-lying lands adjacent to the river will be practically useless in a very few years' time—il will be of very little 11 any, use. ' ' 72. Do you produce a letter received by one of the previous chairmen of the Silting Association—a letter in connection with the deposit of silt?— Yes; it is a letter from Mr Montgomery mining inspector, Western Australia. [Exhibit No. 6.] 73. Yon have described the result of the last flood on the land that you are trustee of. Has I hat land been previously Hooded, and to what extent/—During our residence here of eighteen years, we were here nine years before there was one Hood, which came after three days of very heavy rain. The water from that Hood covered about 10 acres of dial land that is. the lowest of it—about 18 in. deep. That would he about nine years ago. 74. The Chairman.] You do not know whether that rain was local?—No, I could no, say. It covered about 10 acres to a depth of about 18 in., except at the lowest place, where the creek' runs. It was about I ft. dee), there. The last flood completely covered the whole land. 75. Wdiat was the date/ About the 30th March.' It completely covered the whole of those flats—the whole of tin- Hi acres mentioned. 76. Mr. Mueller.\ The last Hood was considerably higher than the one of nine years ago?— Yes, there were two floods las, year, one within a week of the other, which covered the whole of the property except a si itp of about hall' a chain wide on the highest par, of the river-bank. 77. Mr. Tunks.] Could the steamers get to Paeroa a, the places you have spoken of except on the tide?—l could not saj . The Chairman: We understand that they came up with the tide: the Commission understand that. 78. Mr. Tunks.] Can they now get ,o the Railway Wharf on the tide/ I do not think it would be possible. 79. You have been her,' about eighteen years. During that time has there been any con siderable clearing of the country, felling of bush, and so forth .'--Yes, to a certain extent. 80. There has been a good deal cleared during the lasl eighteen years/ Noi much cleared for agricultural purposes; simply for mining purposes as far as the Ohinemuri is concerned. 81. That, of course, is the watershed?— Yes. 82. Will not that have a considerable effect in increasing the amount of water that is brought into the river?—lt would to a small degree, but only a limited area has been cleared of bush. 83. Would it not have the effect of bringing the water more quickly into the river? The Chairman : Do you not think you might bring such evidence direct/ Is there any object in asking such questions of this witness, when the question can lie dealt with directly by expert evidence? You will lie able to produce certain direct evidence that there has been a certain acreage cut down. There is no object in producing indirect evidence

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84 Mr. Tunks. j We shall be able to produce direct evidence on that point. (To witness) Have you ever gone into the question of what these deposits in the river are- tailings, river-Silt, or what 'it is?—We have taken samples of the tailings, which are now in the hands of Mr. Pond. (rovernment Analyst. The, Chairman: Is Mr. Pond to be called b\ you. Mr. Muellei I Mr Mueller: No; but we expect to get his report at any moment. 85 Mr Tunks (to witness). | Where were the tailings taken from/ Some were taken Iron, below the Junction. We have taken some off our own property, the Chinamen s gardens, and some on, of the houses in the Town of Paeroa. 86. Does your analysis show that there is other mailer besides the tailings on the laml. Mr. Pond has to make the analysis. . 87 You really do not know whether what has come down is all tailings, or river-oVor,s am that kind of thing?— Some Of the deposits on the river-bank I think any amateur or professional would take as tailings. Ido not think that anybody could mistake the fact thai they are tailings. They are lime for Hie Commissioners to look at. 88. What parts are you referring to?—The whole of the bank from Mackaytown down past Netherton. and on the adjoining land also. . 89 You are speaking generally, and without any speed knowledge on thai point/ Except that I have seen tailings. I have seen them come from the mines, and 1 recognize these as being the same There is river-sand in the Waihou. which is quite different from these tailings. MO Have you investigated lo see to what extent these banks of silt you refer to on the Waihou what depth they are? Vie I hey not simply a. covering, a sort ol blanket on the laml. No; in the Waihou. a quarter of a mile up. there is quite a bank of ladings. 111. What do you mean—does it extend right out into the river/ From the bank, slanting into the river. . , • 92. Where was the old bank; can you give us any idea ! I should say it is encroaching about 8 ft. or 10 ft. It is a bank on the south side. 93. You mean to say that the Waihou at that ~011,1 is reduced in width by 8 ft. 0, 10 ft. 1 It is a shelving bank running into the river. 94 Has that affected Hie l>ed of the river al all I I did not tesi it there. 9o' Is not that probably merely a result of the willow trees reducing the speed of the current. and allowing the stuff .0 settle? I think not. The Waihou is a fas, river, and ,1 you go four miles up you will find no I races of tailings, and the willows are no, taking roo as they are in the Ohinemuri. If it were an ordinary stoppage caused by willows, they would take root--96. Do you mean to say that the willows are no, taking root in the Waihou?—About toni 97 P HOW long is it since you were las, there/ I was up in a steamer about last October. Is. Th,,,. h"s been a considerable change since then. Do you not think that the willows have ;,uy f;:;i;;;^:- h z::t\ ,-,,- „, purs,,,. ** lV r*~. n» h* ...i.., for ,„, to do i to ask ,l,e Commission to go up and see this spot for themselves We are a Commission of inquire to look into these matters. If this were an expert witness 1 would not in any way prevent you testing his knowledge, but this is not an expert witness. We are quite ,n a position !„ judge for ourselves. If you ask us ,0 go and see ,l„s place we will go and see ~. 99 Mr Tunis (to witness).] You referred .0 Ihe flood of nine years ago. How did that „ , affect the land that you referred ,0 as building-sites? I- left a deposit ot tailings in a small low place, about 4 in. deep, covering the grass. 100 Did no, that indicate that the land was unsuitable for building purposes/ I he peopl. liviu ' he, ' eemed quite satisfied. Only an occasional H I occurred once in nine years. As !; llieVople would no, look at'the property for building-sites. I. was only the lowest portion of 1 he country that was covered at that tune. Hoods in 101. The Chairman.] lias the County Council or anybody else kept a record of the Hoods in i "'" I canno, say, except a record has been kept by the County Engineer. Then years , aye had a vast increase - - - '" -— of the in °Toi make any approximate atever? « k the popu.ation of Waihi. zss ~c„. ..i,, r ,. IT . »■„„■.'.- 1 — .„„.,,,. Le eightS. ywm :«" Id -hi- « Dtl 1 d»dd Hunk than .™M te. 107 Much more? —Not a great deal. ns T think there are about 10.000 in the district now.' There max be. loo; During Se gri portion of that time g Is have been car, led up the , iver by steamer *v" al st . daily or a tri-weeklj service/ A r™**^*^ 11 | Thai has been going on for the last fifteen years? ( lose on that, I should sa 3 112. That was not so when you first canie here f-No ~,.,„....., fil . st broUK ht the g Is

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114. How often?— About twice a week; and then the " Ruby," and after that the " Paeroa " and -'Ohinemuri," and after that the "Taniwha" and "Waimarie." 115. Until you had the railway-line a few years ago the whole of your goods were brought up by steamer ?—Yes. 110. And the steamers still continue to run six times a week?—To Te Puke, necessitating extra carriage of all goods from Te Puke to Paeroa Township. 117. Is it not a fact that between Te Puke and the Paeroa Township the river is of an extremely tortuous character? —Yes. 118. It is about sis or seven miles long, while the distance by road between Paeroa and Te Puke is about three-quarters of a mile?— Absolutely ridiculous. 111). What do you call the township?—Paeroa Township. 1 should say it is about two miles to Te Puke. 120. It is very much longer by the river? —Yes. 121. What is it.' About six or seven miles, I should think. 122. I think you have a very luxurious growth of willow- along that stream/ -More so since the tailings came. 123. They have fed on the tailings?— No. 124. When you came her, eighteen years ago, what did you pay for your land?—My land was bought when 1 was a child. Ido not know what was paid for it. 125. What was it worth when you cam,' up?—l could not tell. The county records will tell you. 126. Could you give us any information at all/ No: 1 Was a boy then. 127. I suggest that it was worth about £2 or t.'S an acre ? -The flat land was worth considerably more than that vi'vy much more. 128. Before you had the railway-line up?— Yes. 129. Can you give us any idea what it was worth? When I came here first the house on the flats was let at £60 a year. The whole 40 acres was let as a farm. 130. The Chairman.] What is the house let for now/—The house is let as a dwellinghouse now at £40 a year, not as a farmhouse. It is high and dry, above the flood-level. 131. Mr. Mitchelson.] What extent of land goes with it /-About 5 acres. 132. Mr. McVeagh.] You remember the time the sludge-channel was proclaimed?— Yes. 133. That was about 1895 —fifteen years ago. The increase of population has added yen much to the value of your land during that time?— Yes. 134. The mining industry has brought the population here/ Yes, to a certain extent. 135. Nine-tenths of it. I should say.' Perhaps so. 136. Might I say that it has more than trebled or quadrupled the value of your land?— No. I think not. 137. To what extent do you say it has enhanced the value of your land?—We did let our place at the rate of ,£•_» an acre, for grazing purposes, to a man who was supplying the creamery —merely as grass land. 1 reckon that land would be worth £40 an acre, taken on a 5-per-cent. basis. 138. At the present time/ Not since the last fresh. It would be worth £40 an acre for dairying purposes. That would be £2 an acre all the year inund. 139. What would i, be worth if there was no silt trouble, with the present population?—lt would lie worth £40 an acre if then' was no silt trouble. If we had no more floods it would be worth about £1 ss. an acre renting-value. 140. You say £40 an acre for dairying purposes?— Yes. 141. Can you point to any land in this province for winch £40 an acre is paid for dairying purposes?—We got paid .£2 an acre rent for part of that property for dairying purposes. 142. Take the Wai'kato land/—I have had nothing to do with Waikato land. 143. They get £20 an acre? — 1 submit that we have received £2 an acre for this land. 144. When the sludge-channel was proclaimed, did you make any claim for compensation? —We were not aware of the extent of the evil of the cyanide process —as to how much these lands would suffer. If we had had that information we would have objected as one man. 145. Had you known, you would have objected by,putting in your claims for compensation? —Certainly. 146. Your complaint is now of not being able to foresee the mischief that cyanide would do. Can you suggest a remedy?— No. We submit that the party that has caused the trouble is able to provide a remedy. The Government proclaimed the river a sludge-channel, and we take it that they can cancel the proclamation of the river as a sludge-channel. 147. Had you known, you would have made a claim at the time?— Yes. 148. The claim would have been made on the basis of the then value of your land?—We would have made no claim. We would have objected to the proclamation of the river as a sludgechannel. 149. But if you had made a claim then, you would have made it on the basis of the then value of your land?—l cannot say what we would have done. 150. What do you want now? Would you base your claim on the present value of the land, enhanced as it has been by the increased population, or would you make it on the then basis of its value? The Chairman: 1 understand that this gentleman has not made a claim for compensation. Mr. McVeagh: 1 submit that it is relative. The witness has already told us that if he could have foreseen the evils that would have resulted from the deposit of silt there would have been, first of all, an objection raised to the proclamation of the river as a sludge-channel. Assuming that a claim for compensation had been made, the point is, on what basis that claim would have lieen rested.

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The Chairman : It is common-sense to think that it would have been based on its then value. Mr MeVeagh: Exactly. It is rather important that we should have it made clear that the claim would have been upon its then value, and not upon its future value. 151 The Chairman (to witness).] The butter which is made from your cows is it largely exported, or is it consumed in the district/ -There is a very small percentage oi our total output goes to Waihi and .he surrounding district hast year about £800 profit roughly, was made by our association in the Waihi district. I think the total profit was about £4.000. Ihe chairman of the dairy company will Ik- here to give the correct figures. L 52 Mr Mitchelson.] You export to the old Country?— Yes, the greater portion of it. ).-,:;. What is the difference in price between butter .hat is exported and that which is sold locally?—The chairman of the association will tell you. 154 Mr MeVeagh I I think the method is this: The foreign buyer sends an agent here to buy |. -I'think'the chairman of the company will tell you that most of the butter is sent to London agents. Mr. MeVeagh: I have the figures in my hand. , . , , The Chairman: Why m„ reserve that examination until you get the right man as a witness? IV, Mr MeVeagh \ Very well. sir. (To witness) You have spoken oi pas, floods. 1 want fo know'whether you have any records of the rainfall upon which you base your ff I have no records of .lie rainfall, but my diary gives the dates of the largest floods that have occurred within the last nine years. ~**.. 1 f,„„ .v-; [«.« 156. Take the II I of nine years ago: it then rained tor three days continuous!} /-It was a steady, heavy rain. . ~ v 157 It took three days to flood the river on that occasion Dine years ago/ — Yes. _ Mr. MeVeagh: Are you aware that the rainfall before the last H0,,,! was compressed into fourteen CommisBion understands that there was practically very little rain here Therefore aiTy comparis f the ram that fell here with that which fell years ago or in another ' . \ lf he district, although it is in ,he same watershed, has no tearing upon . he quesion. The floods may have been due to different causes: there may have been a waterspout at Waihi. or the flood may have been due to another cause. 158 Mr. MeVeagh.] That is exactly it /-There was very little rain here. i;,!». You heard of people being taken from the roofs of their houses on the Waihi Plain ?- Y " S ', ( ;o. You neve, heard of that during any previous fl 1/1 doubt whether any of the h, " ,S Mir:'You'v;;.ue your band a, £10 an acre?-I would no, sell it at that. I hope to ge, some ~ 1 nut of the Commission. 162 What would YOU sell the land lor now/-It is not open lor sale a, present. ,<;:('. You want a fancy price, is that it /-No: it is not for sale at pr 05,.,,,. Kkkhkimck Cock examined. (No. 2.) I Mr Mueller.] Your name is Frederick Cock, and you are a settler residing at Paeroa?V - ■! T: River ?-Yes. .5 acres. It is called Ouerangi Ngahutoitoi, "nd Koronae. I have resided on the property during the whole of my stay in this ttrel £?£ £*S Water a?oT 3 place? When the tide was in there would be about , t,. or Bft. Th tide W(iulll make a difference at that time of about 3ft .or 4 tj Yes. *" The Chn,rmai,;\ Was the current fast or slow / Not particularly fast ,!' Mr Mueller.\ Did boats come up to your place /-Vs. boats drawing , ft. ot w ate, . Mx place was know,, as the end oi navigation in those days. LsSSSSwSSl^^^^NothiToould get up in the sha, fa vessel. You can walk across it. |<>. What does the tide rise now / From 2ft. to 3ft , ? s. «—*. 15 What sort / Very good for making roads. It. .Ciders? No. there are no boulders beW Karanga a ke. &g 17. Half a pound/ Oh, yes, bigger than that. In tormei la. , rvstal and we could get fish in the river. CryBt ltt ~ *-«***£.] What kind / - Whitebait, eek. re 77, c <Wr„m„.] How long ago is it since you lost the tish . channel was proclaimed / -It is many years since we lost the fish.

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20. Ten years since?-It is quite that, A little above me there is a place where the Maoris tised to catch whitebait. You cannot catch any there now 21. bV. .!/„,//,,•. j y 0 U claim that you own the land to the middle of the river?— Yes • thai is according to the Act. '"'" 22. Previous to the silting, could you use every inch of the land right down to the water's edge- ANnon took ~ it was „, its rough state. I spent a lot of ,„ H it " When I pas tured it, cocksfoot grew luxuriantly right down to the water's edge ■ P 23. What ,s the position now as regards your pasture right down to the water's edge?—lt Walk! " "" '» "7 **• V "" * iU Hl "> "" '«»'' '»' * 24. What about your fences/-They are all destroyed since the last flood. I have had to he riveV l7}lZ* ''"" ' ha ™ moVed ««*» ««* from «he river. 11l health prevented me inspecting the paddocks before, but when I went over them yesterday ] was astonished to see what the flood has done. Sand has gone all over the farm In some places it is light, but in one paddock there is 12 in. of sand on i, 25 What is this stuff that is on your land that is the height of this room/-It is all silt which has come down from the mines. 26. What area of that land can you say is absolutely destroyed?—To put the land back in ts former position would require more expenditure than the laud is worth-that is. in re 5,,,,-, to 40 acres ot the land. ' 27. Forty acres of the land is practically destroyed?— Yes 28. And the whole of that land was covered by the last flood?-Yes: in some places „„t „p to any appreciable depth. ' ' 29. The Chairman.] Was your house flooded?—No; the house and garde,, stand high •SO. How much laud is there to the house and garden ?—About an acre 31. About an acre out of 85 acres was not flooded ?—Yes. ■'12. Mr. Mueller.] Can you tell us the effect of this fine deposit on the grass itself—the effect as regards the cattle?—lt kills them. They browse about the decaying roots of the grass and hey cannot eat it without taking up some of the silt. I have lost young stock through it 'We have opened the young stock after death, and have seen the stuff in them. I have lost full-grown cattle through their gelling bogged in the silt, and I have lost young cattle through their eating the grass and taking in the sand. The contents of the stomach was like coarse hair or tine wire 33, The Chairman.] Is it not a fact that cattle in other districts have a sort of mat,.rial in i hem. and round in shape?—l believe that is so. 34. It is not peculiar to Paerolr ?—No. 35 Have you ever seen such substance, and round in shape, taken out of animals in other places?— No. 36. So that you cannot compare the two?— No. 37. Mr. Muellrr.] What is the nature of the stuff that was taken out of the cattle that died? —In eating they take m seme of the fibre of the pennyroyal, and silt with it, and that kills them. 38. Can v.,u state whether the stuff you have seen inside the cattle is actually silt?—ln the round mass there is actually silt as well as the fibrous material. 39". Can you give us any actual figures of the amount of damage you have suffered from the silt?—l have been losing £30 a year. That is a very modest estimate. That is reckoning the pastoral land at £2 an acre. Mr. Nicholls leased grazing-pad,locks at £2 an acre, and 1 "base my calculations on that. Ido not think the estimate is an extravagant one. 40. That is your continual loss?— Yes; that is what I have been losing for some years. 41. Have you been put to any extra expense on account of these floods?—The fencing has had to be shifted from time to time. 42. And the cattle destroyed?— Yes. 43. Can you give any amount as to the cattle destroyed?—l lost two full-grown cows and about five calves. 44. Is this trouble increasing /—Every Hood seerda to increase it. There is nowhere for the silt to go to. It must come up on to the land. 45. How do the Hoods now compare with the floods of previous years?—ln previous years we uever had a flood. We had freshes, but they did us more good than harm. We always knew when we were going to have a fresh, because they always came from the east, never from the south or west. This last one came from the east. In the former Hoods or freshes there was nothing in the water to injure the land. 46. Now, does it take much rain to cause a Hood?— Twenty-four hours' rain does it. 47. Mr. Vickerman.] You would not get a Hood in westerly weather now. would you?— No. 48. Mr. Mueller.] You were agent for the Northern Steamship Company?- Yes, for about fifteen years, until about two years ago. 49. What can you state as regards the navigation of the river during that period? The navigation was all right. 50. The Chairman.] Can you give us the draughts of the vessels of the Company that traded here when you were agent?—The "Paeroa," about Oft Bin.: the " Ohinemuri," (i ft. to 7 ft. T am speaking of the vessels loaded. Mr. Moresbij: That information is irix'en in the evidence of Mr. Porritt before the Mines Committee—question 120. 51. Mr. Mueller.] From the commencement of your experience as regards the navigation, how far did the steamers come up?— First, they came up to the Wharf Street Wharf, about the centre of Paeroa. 52. The boats that came up there were the "Paeroa " and the "Ohinemuri "/ Yes.

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53. After that, what happened? —Of course, there was opposition. After the opposition knocked off, larger boats, the ■•Waimarie " and " Taniwha." were put on. The Junction became the wharf then. 54. And the Junction remained the head of the navigation for some years/ —Yes. 55. They are still trading?— Yes. ."ifi. How does the draught of the " Waimarie " and " Taniwha " compare with the " Paeroa " and " Ohinemuri "? —They could not come up under 7 ft. or 8 ft. 57. What was the reason the Northern Steamship Company ceased to run their boats to one wharf, and ran them to the Junction Wharf?— Because they could not get up. 58. What was the reason of their leaving the Junction Wharf and coming up only as far as Te Puke?— Because they could not get up to the Junction. 59. When the steamers ran to the Junction Wharf, can you give us any idea of the depth of the water at the Junction Wharf?— When they first ran there I suppose it was about 10ft. 60. You have seen steamers stirring up the mud and silt? —Yes. they do that always when they are late on the tide. 61. Can those steamers get up to the Junction Wharf?— Not nearly. 62. What would be the result if the steamers ceased to run to the Te Puke Wharf? What effect would it have on the navigation?—l expect all the channel would be filled up. If they did not keep the channel open, in a few days they could not get up at all. That is my impression, and that is the opinion of the captains too. 63. I suppose you are rated on your land that is destroyed? —Yes. 64. The Chairman.] How much "a year do you pay?— About £12, I think. 65. You know the land of Mr. Barrett ?—Yes : his land adjoins mine. 66. He has 39f acres?— Yes. ...... 67. Can you say how much of that land is affected by the silt?—l should say about half of it ahout 20 acres. 1 think the whole of the 20 acres has been rendered useless. 08. Can you state the loss he has suffered through the last flood ?—I expect he suffered m about the same proportion as myself. til). Can you state the depth of the deposit on his land?— From 12ft. to loft, near the river, and it goes back to a much lower depth. 70. What was his land used for?— Pastoral purposes. There is one small portion in crop. The land has been destroyed. ~,_,. . . 71 Is there anything else you would like to put before the Commission ?—The best evidence is for the Commission to go and see the land, and you will find whether I am exaggerating or not. I intend to ask the Commission to visit the land. It is very handy. It is one of the very good examples of silt-deposit. It is close to the town. The Chairman: We shall see not only the picked properties, but also those that have not been 72. Mr, Tunks.] How long ago was there a bridge built below your place?— About thirty ' WM 's_',g'was building of the bridge that stopped the navigation going up to your place?—No; because we have got barges up through the bridge. 74 Could steamers go up to your place after the bridge was built?—l do not think so. 75. As a matter of fad. the building of the bridge did to a large extent stop navigation up to your place?— Not at all. . , 76. The Chairman.] What did you bring up or down m the barges?— Firewood was brought up from the old mill in barges. 77. You did not take any produce down? —No. 78 Mr Tunks.] Why not?— There was never any to take. 79. It was the tailings prevented you using the water above the bridge thirty years ago .'- -'' 80. Would not the stopping of the navigation of itself cause the river to silt up?-There was not sufficient of it to keep the river open. _ . . 81 When did you first begin to find the river silting up or building up?— Some time artel the mines began to work. Before they began to work we had a clear crystal stream 82. When did you las take a barge up as far as your place?-About four years ago. We *'* ':4 U Fou e r yeU' ago" iltas as good as ever for that purpose?-No: we got up on the top of ,1 "' has been built about sixteen years, 1 bhink?-Yes, I dare say 85. Would not that have the effect of bringing the navigation still further down the rive, I SV 86 It had no effect at all on the navigation ?-As far as the steamers were concerned it had. Rl riri.' propellers help to keep the river open ?-Of course they th, 88 These bridges that have been built from time to time had the effect of pushing the steameis furZ"dSTthe rfVerK do not know that they had that effect, because they can go through the brid Bfl' Was it only the silting-up of the river that caused the company to move from the Junction to Te Pukl Do you not save'a considerable amount of time on the t de?-You -»"£»**»£ 90. Can you not save about an hour on the tide by coming to Te Puke instead that one of the reasons that influenced the company,to-m*.,4. £ange^-N^l do not, think it was. If they could have come up they would have done so. 1 accommodating people.

P. COCK.j

11

C. -14.

92. As agent of the Company, you have seen a great increase in the company's t rathe? Yes. 93. So that, in spite of the discharge of silt into the river, the use of the river by the steamers has increased ?—Yes. 94. The traffic Oil the river has increased since the mines began to discharge sill into (he river?—-Until the railway came. 1)5. Notwithstanding the railway, has not the traffic on the river increased/ They are not always loaded. !)ti. You have a considerable number of willows on the banks near your place?— Yes. 97. Mr. Clendon.] When did you first lose any of your cattle by this silt-consumption / Ahoul three or four years ago. 98. Have you opened every one of those animals 1— No; I opened two. 00. Did you take any expert opinion as to the cause of death? -No, 1 did not require ;nn : the thing was so obvious. 100. Was any one present but yourself?—My son. 101. Is it only, the calves that it affects? —Yes. 102. What did you pay for your land per acre/—1 bought hind from the Natives. '/'//, Chairman: If the witness does not care to 101 l us, we cannot press him. 103. Mr. Clendon.] What was the value of your land per acre in 1895—.£4?— Yes. and more than that. I would not then have taken less than £15 an acre for it. 101. Can you point to any land in the vicinity of Paeroa that has brought about £15 an acre? —I do not know that any was sold. I know thai some has been sold since at double the money. 105. Do we understand that you cannot give the value in 1895?— No: what has increased the value of the land here is the butter-factory. 106. Can you say what stock was running on that land in 1805/—An average of forty head. 107. What are you running now?— About thirty-eight. 108. How many cows were you milking in 1805/- About eighteen, I should think. 109. How many are you milking now/—About twenty or twenty-two. 110. And in the summer-time about forty-two?— No. 111. What is the most you milk in the summer-time /—I milk on an average twenty-two cows. I 12. What proportion of the 40 acres do you say is damaged from the lop of the bank towards the water?—l suppose about .'lO acres. 113. Probably a little more?— There may be. 114. I think it was land that was never of much use?— There never was better land in NewZealand —not even in the Waikato. 115. It was land that consisted mostly of gravel, stones, and shrubs?—] wish we had a little more gravel. 116. What is the difference in the depth of the channel at Te Puke now and eighteen years ago for navigation purposes?—l do not think much difference. 117. Is there any?— There is some, but there would be a great difference if the boats were run off : they keep the channel open. 118. How many acres of Barrett's farm is damaged?— About half of it. 119. You have not been over that land to inspect it?—l can see it from my place. 77/e Chairman : He said about half was injured by silt. We can go and see it for ourselves. We do not want anything more than that. 120. Mr. Clendon.] When were you last on Barrett's land?— Yesterday. 121. I think blackberries arc growing very luxuriantly upon your property? —No, Ihe\ cannot grow for silt. 122. Mr. Mueller.] Have you purchased any land since you originally came here? —Yes. 123. How long ago?— About five or six years ago. 124. So that the number of cattle you were running in 1895 were running on a less area than they arc running on now?— Yes. 125. Do you know whether the Junction Wharf was used by the Northern Steamship Company before the Paeroa Railway-station was made? —Yes. I think it was. 126. Steamers were running to the Junction only before the railway-bridge was erected across the river?— Yes. 127. Tt has been suggested that you and the farmers have greatly benefited on account of the mining? —That is not so. 128. How do you make that out?—l have not made a penny from mining. The mining industry has pauperized this place. If they had liccn loyal to their own parent county, things would have been different : but they seceded when they formed a borough, and took all our revenue away, and left us poor indeed. You have only to look al the place: if is like an empty sepulchre. If it had not been for the butter industry this place would have been wiped out altogether. We have laid out some .£13,000 in the dairy industry, and we have a little launch running up the river. 120. Arc the farmers dependent on the population of Waihi? —No, we export all our butter— very nearly the whole of it. Wim.iam Marsh examined. (No. 3.) 1. Mr. Mueller.] What is your name?— William Marsh. I am a farmer residing at Mackaytown. 2. You own the Wairere, 37 acres, and Rewarewa. 23 acres, Nos. 1 and 2 Blocks, of a total area of 95 acres?— Yes. 3. The Otara Block. -'15 acres, is where you live?— Yes. 1. What area has been affected by silt?— About 05 acres has been affected, and about 31 acre; of that has been destroyed, by silt. The silt is from 6 in. to 10 ft. deep.

C—l 4.

12

[\V. MAKSII.

5. What is the state of this land that is absolutely destroyed? —It is from 1 ft. to 10ft. thick in tailings. 6. How long have you been in occupation?— About thirty-four years. 7. Previous to the silt trouble, could you farm the whole of your land ? Yes. 8. Was there feed on the banks of the river/ — Yes, particularly in the winter-time, 0. Is there any feed now on the banks of the river?—No; 10 ft. or 12 ft. of tailings instead. 10. Have you had to remove your fences? —Yes, three or four times. 1 shall have to remove them again, I expect. 11. The Chairman.] Does witness's property just go to the river, or to the centre of it?—To the centre of the river. 12. Mr. Mueller.] Can you put down your loss per annum? —Previous to the last fresh I used to put down my loss at £50 per annum, but since the last Hood I cannot tell. I have been two or three weeks carting the tailings off to find the mangolds and carrots. 12a. 77" Chairman.] What did you do with the tailings?—] tipped them on top of some other tailings on the banks of the river. 13. Mr. Mueller.] What do you assess the damage to the mangolds and carrots/—I think the loss on the mangolds and (a,riots is about .£25, and it cost about £30 lor carting the tailings off. 14. Can you put anything down to the loss of fertility of the soil / -Yes : it will never be so good again. 15. Without any tailings on your land, what would you consider the value of it?— Fifty pounds per acre. 16. Mr. Mitchelson.] For building-sites or grazing?— For grazing. I would not sell it for that. 17. The Chairman.] What would you rent that land for previous to the last II 1/—I have been paying £2 per acre for land not nearly so good as mine--some of George Buchanan's land, for which I am now paying £1 per acre since the flood. 18. Mr. Mueller.] Have you a luilk-run/ Yes, I supply milk to Karangahake. 10. Have you lost cattle through the silt? -No, I cannot say 1 have. 20. How does the present Hooding of your land com],are with the Hoods of Fifteen or twenty years ago/ -Fifteen oi- twenty years ago we did not have a II 1 just a bit of a fresh, which lasted for an hour or two. 21. Now, what effect has a flood?—The last flood took about twelve hours before the waters left, and it- was 4 ft. or 5 ft. deep. 22. Previously, would it require much rain to cause a Hood? —Yes, about forty-eight hours. 23. What do you attribute that to?—I attribute it to the silting-up of the river. It has not such a capacity to take the water away as it had. The bed of the river was filled up in one place at Mackaytown about 3 ft.: the cows used to have to swim across it. Now that bank is about • > chains long and 1 chain wide of silt. 24. Have you noticed that fine tailings have been deposited on the grass itself? —Yes, and mud tailings too. 25. What effeel has that on the cattle/ -They will not eat it. 26. Will this stuff blow off or wash off?—A little of it will wash off, but in the dry weather, when the cattle eat closely, they arc bound to swallow some of it. 27. How far from the river-bank have tailings been deposited on your land/ —About 6 or 7 chains, when the ground begins to rise. 28. Just previous to this last March H 1, did you not have an area of land ploughed up/ Before the January Hood came I had it ploughed up, but that left about 2ft. of tailings on it: now il has about Oft. id' tailings on it. It took me two days to find a harrow. 20. Can you give an estimate id' what you consider you have lost in hard cash on your land I I consider £1,000 would not pay me for the whole loss sustained by silt. Fourteen acres has been completely spoiled ever since, and I reckon that at £2 per acre per year. 30. When did you first notice the silt coming on your land?— About five or six years ago. 31. The Chairman.] At that time silt was going past you in the stream, I presume?— Yes. It did not fill the stream up then. 32. Mr. Mueller.] And the deposit on your land has taken place since then?— Yes. 33. Does it appear to be increasing or decreasing?-—lncreasing. 34. Mr. Tunkx.] Has not the making of the railway-line helped to block up the river near you?—No, not near me. Higher up it may have done, but nowhere else. 35. Has not the putting-in id' the spoil higher up helped to fill up the river?—lt is the tailings that has done the mischief. There is not much mullock below Mackaytown Railwaystation, 36. Has not the presence of mullock in the river helped to make the river flood?—It has left a lot of mullock up at Irishtown and Mackaytown. 37. What would you suggest should be (lone with the silt?-—We want it stopped, and it is for an expert to say how it should be stopped. 38. Has not some application been made to you to take away some of your tailings?—l would not let them take the tailings. 39. Did they not want to take some tailings off your land? —Only from the river. 40. What is the land worth to you now?—Tt is not worth anything. 41. The Chairman.] Did any one ask you to allow then, to lake tailings away from your property?- No. 42.' .1//-. MeVeagh.] When did you take up your land?—Tn 187 R. 43. That was when you came to this district?—l came to this district in 1875. 44. Tt is low-lying land, is it not?—Tt is about 10ft. or 12 ft. above the river.

W. MABSH.j

13

C—l 4.

15. You estimate it to be worth about £50 per acre?— Yes Ido 46. Have you ever had that offer for it/-No; it is not in the market for sale 47. Do you knew o, any other property that has changed hands at £50 per acre?— There is HO other land near mine, except that owned by the Natives ' U W want you to explain to the Commissioners how you arrive at that result /-I, is what 1 bought li'uVirUiat 1 ' 1 " S " " WOrtb fiso *** ™'— >"" P Ut «* P»<» « it?-] have Abthub Wight examined. (No. 4.) 1. Mr. Mueller.] What is your name/—Arthur Wight I own about IRn ~ ~ ti i K-a.a North, 5ee,,,,,, No. 1 8 , mainly lying between , ' vZc t he v "* 2. JJ, < .airman] Ross much frontage to the river have you / -About 00 chains .he wain';,. wSS2£T^JSr " 3 ' land liea ■— T1 * Rai!^ "- - I. Do the floods come over your land?— Yes, anything up to 18 in •>. What effect has that on the vegetation? If ii is any time early in .1 •, , n grass and throws it right back ;if,,is ,„ the winter i, d£7notTo so IcL £L"" ' *" the sLp UVe 7 ° U ° m "° Ve 7 ° Ur St '" k ' -1 have 1 "" 1 *" tak * them "" <" "gher land, especially 7. How long have you owned that land?— Since about 1893 8. The Chavrnian.] Is that freehold .'-I, was leasehold then: 1 have since bought it. 9. Out ot the profits you made on the land /—Tract icallv 10. Mr. Mueller.] In the earlier times you say this laud was not affected by II Is' Not al al . have known land round the Puke a, Paeroa to be Hooded when mine was' no, ' at times. 7 ° m '"'"' '"" hy ,1 '"" l *^ l < °as been flooded for years, 12 You have outfall drains going into the Waihou : what effect has a I d on these drains? Il hlls the mouths ol them up with tailings. 13. Does that cause expense/ Yes. I have to clear them In, SterS t nW. tha< ,mK ' ' ' WheneTCr HIS , -'""- 1 ' Th « "" " — "** H °"' """• ' lnii " S "* " U " V ;,i "" X ""' ''" , vl " ,U '- ! Six > ' tl,illk - *** «'"' 16. How far up the drains do the tailings run?-Not a great distance just a few chains. 8 Wh.tT'' T"W!" ?" • dr t m? , ' n1 ""' 1 ' 1 sa - v aboui two dft y B ' "'"' k »«■ <*"* drain. 18. What do you do with the tailings/ -Just shovel them out on the side of the drain 19. J/r. M«««er.] Are there deposits of silt on the banks of the river on your frontage? 20. What would you say would be the width of the deposits on your land?—On the banks of the river, anything up to half a chain for about 40 chains on my frontage 21. And the other part of the frontage, is that a little bit higher than the other?—l think so 22. In the river itself, is there a deposit of tailings?— Yes. 23. On each bank?—On both banks of the river. 24. During the recent floods, were there fine tailings distribute"] on your grass?— Yes the grass was whitewashed with tailings in one or two places. „ ?•"'•. H , ow , do .v" H,ul that is affeoted by rain?—lt takes several showers ~f rain to wash it oil : I think there is still some there. 20. Have you known any cattle to be damaged through that?—No iV\ t S re^ r,is *" V v f itsclf ' you look U P«» that as the natural drain of the country : how has that been affected?—l should say the carrying-capacity has been reduced by over one-third iS. Jhe Chairman.] How is it reduced—in the width, or depth?—ln both 29 How do you know it is reduced in the depth ?—When I went down there first I took down a punt-load of posts, and I judged the river to be about 12 ft. deep at low tide 30. Have you any reason to think it has filled up since?—l have seen slock walking across the river at low tide. I judge the river to be about 4 ft. deep at low tide. 31. Then, how do you account for the water getting away?—lt cannot get away anywhere else I ban through the river. 38. Does the river run more rapidly now ?—About the same, I should think. 33. Mr. Cotter.] Did you know the district at all prior to your buying this land, or leasing 34. How long did you know that locality prior to your leasing it?—l should say about ten years. 35. Then, you have known the land practically for about twenty-five years?— Yes. 36. Was it not always considered as low-lying land, with a great'difficulty of drainage? No I do not think so. 97. Can yon tell the Commissioners about what fall there was when you first took it up? I think there was about 1 ft. of fall in 50 chains. 38. In some places was not actually the bank of the river higher than the land just inside it?—No: the bank of the river on my place is lower (ban the land, bar at one place, where it is about level. 39. Can you give any other instance that supports your deduction about the depth of the river?—We used to swim in the early days, and cross the river in a boat. 40. And what difference have you found?—The river was then deeper.

14

[A. WIGHT.

C—l 4.

41. When the first water came over your place after you had got into occupation ~l it, can you give us an\ idea as to how long it remained/ I should say, probably a day. 1-2. Was that prior to your drains being cut? -I cut the drains very shortly alter I went there The property was not flooded during the first few years I was there. f.-S Do you remember during that period any such fall of water taking [dace as fell on be occasion of this last II 1/—Usually it took about three days to make a flood. I believe this las. Hood was due to a heavy local fall of rain at Waihi : we had very little 44. When you had the first flood on your land, did any such heavy fall take place m such a short space of time?—lt usually took about three days' heavy ram. 45 Have you thought, yourself, of any remedial measures that might be suggested with r ard to improving the river other than stopping it being used as a s udgc-channel LI would be a simpler plan to catch the tailings and pump them away than to dredge then, atter- " 16. Then you have not looked at it from a point of view other than Stopping it as a sludgechannel? —No. 47. Have you considered the question of the willows/ >es. 48 Will you tell the Commissioners are those willows beneficial or otherwise to the navigability of the river?—Thev are no assistance to the keeping of the river open. , 10 Then, in your opinion, it would be advisable that they should be removed? ll depends. If they are taken away between Paeroa and the Junction, then it will let thousands of tons ol tailings away that will find a lodging-place further down. . . 50. Then, you consider that the tailings already on the banks and in the bed ol the i ivci should be removed ?—Yes— do the whole thing at once. 51 Then, the willows should be removed?— Yes. .Vi Have you gone up the Waihou I—As far as the flax-mills—about two or three miles. 53. In your opinion, are the willows ihere and for that distance a great obstruction to the current of the water? —Yes, they are. . 54 Have you sufficient knowledge, or did you make observations as to the difference between what we have (',,110.1 the coarse tailings, as they appear on the river-bank here, and the slimes. Personally, I have had nothing to do with them. . 55 Are you sufficiently acquainted with the subject to tell the Commissioners whether the tailings opposite your place are the coarse tailings or the slimes?-! should say there was about three-quarters coarse tailings and one-quarter fine. 56. Did you make any examination to .see to what depth the line tailings or slimes went!— *°" 57 Mr Tunics.] You say that you think the bottom of the river has become shallower: can you say in what way?—The bottom is hard, so that a beast can walk over. 58. Was this land of yours very wet?-Yes; about half of it was swamp 59. Of course, since you have drained the land there has been a consolidation ot it. it has like five little streams „,, your property: is that so?They were not streams; they were low gutters. ' til Is there any water there now? —No. 02. If there had been no flood in the river at all. they would back up now, would they not I " Te S" 3 Mr. Clendon.] You have had a good deal of experience of land in the Piako district, I understand. Is it not a fact that there is a white scum over the whole vegetation in the 1 lako district?—] should not think so. , , M , 64 Have you seen the land after a flood, and have you seen the white scum there?-No, I cannot say I have. 05 Have you noticed it in any other locality f—JNo. ~ •■ • , 11. A,,, we to understand that your land is only fi led by the water that goes up the drains? The whole lot is flooded, drains and all, sometimes. 07 Tf you erected three or four H 1-gates. would ~ no, keep the water off your property/ " N °6B. What area of land is affected by the deposit of white slimy matter?-] should say up to oo When was this!— This last flood, and the one before, ??; What did you pay for your land in ISO:', or when you bought lt?-l do not think that is a fair question. 71 What was it worth, say. in 1805?— About £6 per acre 72' What is its present market value?— Twenty-five pounds per acre. W Is H not a fact that land in the immediate locality of that was sold at £4 10s. pel aoK have already had the wells located m, my place. flood?—Thev 75. The Chairman.] Did the cattle refuse to drink out ol the nvei in turns n have to drink out of the river. 76 Are they dairy cattle?— No. T fatten cattle. _ They would bo Netherton, and they have walked back there.

A. WIGHT.]

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78. Mr. Flat ma n.] 1 think you state in the early part of your evidence that the silt kills the grass in the early part of the year: does it kill it in any other part of the season?—l do not think so: it kills the clover. 70. How much per acre do you estimate your land has been damaged through being silted/ I do not know: rnever made it up. 80. Mr. Vickerman.] Before the railway-line was made you would no, have been able to settle there, would you/ —1 think so. The railway-bank dammed back the river on the top side of the property. 81. The Chan man.] Are you carrying any less slock now than you were before the last Hood/ — I should think 1 am carrying a hundred head less. I have about 18.", head of cattle on the farm now, and about 150 sheep. I have been selling sheep lately. 82. What were you carrying in January this year!—] should say at least a hundred head of cattle more. 83. Why did you get rid of the hundred head of cattle?— Shortage of feed, and some were fat and wanted selling. 84. By how many head of cattle has your farm been depreciated, if any?—l can hardly tell you. 85. That means, none at all?—The farm is now damp and sour, and grows more rushes. 80. How lone have you had the rushes glowing/ for a few years after I lived there. There has always been a few there. Alfred Joseph Thorp examined. (No. 5.) 1. Mr. Mueller.] What is your name? —Alfred Joseph Thorp. I am a farmer, residing on the bank of the Ohinemuri River, between one and two miles above Paeroa. 2. How much land have you got there? —About 1,300 acres—Tawa, 49 acres; Pareroiroi, II acres; Manuka, 03 acres; Otaniaurunganui, 1,170 acres. •'!. How long have \on been in the district? —About sixty-seven years: thirty years on that laml. I. As regards that land, can you slate how many acres of that is affected by the silt/ The last flood covered about 200 acres. The only place out of water was the house and cowshed. 5. When did you first notice this land flooding?—l never saw it flooded before. 0. How long has that Hooding occurred? —About eight years, I think. 7. Did you grow crops right down to the water's edge?—The banks of the river are about 20 ft. above the river. I used to plant potatoes there, and they were never flooded. 8. Can you do that now? —I should be liable to lose the whole of the crop through flooding. 0. Can you give us an idea of the damage you suffered through the last flood?— Forty calves were washed away, worth about 11 Ills, each—£6o. About 00 chains of fencing was broken off and washed away. 10. What do you estimate that damage at?—The fencing, 00 chains, was worth about Ids. per chain—£3o. I also lost a lot of sows and young pigs, to the value of about £20, and about 15 pounds' worth of sheep. 11. Can you give an estimate al all of the loss in land through depreciation, or earning power of the land/1 can hardly go into that just now. The damage is not so apparent at present, but it will be if things go on. There is a certain amount of silt in the grass and a considerable amount inside the bank of the river. 12. Can you tell us anything about the navigation of the river?—We used to get heavy loads of machinery up the Ohinemuri in cutters, and I have brought potatoes down in cutters drawing Oft. or 7ft. of water, and at the present time you could not think of getting anything like that up there. 13. Do you know the junction of the two rivers—Waihou and Ohinemuri? —Yes. 14. What is the state of the junction now /—You would not know there is a river at all there now at low water. In 1875 the Government steamer " Luna " went as far up as the Maori settlement. 15. Do you remember the flood in 1007: did that go on your land?— Yes, but not so deep as the last flood. ' 16. Did that 1907 flood do damage to you ?—Not much; it did not stop on the ground long enough. 17. Do you know of any drains that go into the river, and what effect they have on the river / —There are plenty down the river. The silt has filled up miles of drains and altered the fall of water. 18. What do you consider the cause of the flood?—The mining tailings. 19. Opposite your place, what is the average width of the river? —About a chain. 20. Can you walk across it? —Not easily. It used to be about 15ft. deep at one time. 21. Mr. MeVeagh.] When did you acquire those properties?—ln 1871 ; the Manuka Block in 1878. 22. I want to know the time xvhen you took this produce up or down the river? —About 1876 or 1878. 23. I do not think that portion of the river has been used for navigation since then? —Only by small boats. 24. Since when has that upper portion of the river been in use for settlers?— Since we got a good metal road there is no need for it. 25. At the time you speak of, you had not a good metal road? —No. I do not think there was a bridge even at that time. 26. This last flood was a phenomenal one, T think? —Yes.

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A. .1. TIIOHI , .

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27. You had a Hood, 1 think, too, in 1907/—Yes, a summer flood. 28. That was a general flood all over the province? —Yes 29. It Hooded the Upper Waihou as well as the Ohinemuri? —Yes, a general flood. 30. This last flood of a few weeks ago did not flood the Waihou River? —There was \t:vy little water in it. 31. The Chairman.] Is any portion of your property drained to the Waihou/—No. ■ VI. The boundary is pretty close, is it not?— About a mile and a half away. .'i-'i. Mr. Flatman.] Have you lost any cattle since the slime has come over the paddocks? — I have not had experience of any. lam told it is detrimental to cattle. 34. Do you think it would affect the milk of a cow?—l have no doubt it would.

Paeroa, ToEsnAT, 24th Mat, 1910. Jakob BbrtelSEN examined. (Xo. 0.) 1. Mr. Mueller.] Your name is Jakob Bertelsen, and you have a leasehold interest in the Piraurahi No. 10 Block, with an area of 240 acres?— Yes. 2. How much of thai is affected by the floods/—The whole of it. •'!. Is there a silt-deposit upon your land? —Yes. I. What depth?—At the present time it varies a good deal. It runs from 2ft. down to 6 in. Some! imes there is 4 ft. 5. Where does that silt come from /—From the Ohinemuri Itiver. 0. How long have you been in occupation of that land?— About eleven years. 7. During that time have you noticed that the fl Is have become, more frequent recently?— Yes. in the last six years they have become pretty bad. 8. Whereabouts on the Ohinemuri River is your property situated /—About a mile down the river. ~ . 0. The Chairman.] You have no frontage on the river?— None in that block. 10 How many chains back from the river are you/ —About six. 11. Mr. Mueller.] What is the state of the river-bed/--I have not examined the river-bed. 12. Is there any silt in it?—Oh, yes! , 13. Is it navigable?— Yes; small steamers and barges go up there. It there is a flood the " Waimarie " and the " Taniwha " get up there easy enough. 14. Do you recognize this photograph as a photograph of your property?— Yes. | Inhibit No. 7, Auckland Weekly Graphic] 15 Have you suffered damage on account of the silt?—l have, very much. 16. How many cows did you milk, say, four years ago?— Four of five years ago I used to milk fifty cows. 17. What did they bring in?—A couple of pounds a day. 18 How many cows can you milk now? —1 could not milk any. 10 Mr Flatman.] Is there any other stock running on your place?—No, it is covered witu silt There is no grass on the farm.' I have a cow or two ami a horse for household P«rP oses . "'" 1 feed them on hard feed. I have another block that is not so subject to the Hoods. H 1 had not put the horses in there they would have died of the silt if they got too much of it. 20. Mr. Mueller.] Years ago did you crop this land?— Yes, with all sorts ot crops. 21. What special crops did you get off it?— Oats and hay. 22. You are unable to crop it now ?—I would not try. 23 For how long have you been unable to crop the land /-For the last three years—probabh more. It is about three years since 1 had to dispose of all the cattle there. 24. Have you lost any- cattle through their being drowned or killed ?-Yes. In the last f.esh we lost two brood mares with foal and ten head of cattle , . . , . 25 The Chairman.] How were they lost-drowned / -Yes, drowned, but not on this block, 1„ion a block that adjoins Mr. Thorp's property—the Manuka Blocks .\,,s. 2 and 6. 26 Mr.MueUerl You have jus. leased the Manuka Block / -Yes. It is about 80 acres ,n area. 27. When were the cattle lost?—At the end of March. 28 What loss was that to you in money?— About £100. 29. Div you lose any other goods or chattels?— Fifty or sixty fowls, and a lot of timber was BWeP 3<TJtfr. Mitchelson.] Fencing?-Yes, all the fencing is levelled to the ground. All the posts are knocked & consiflorable amounl „ f improvement ?- Yes. it was practically in its natural state when I took it over. 32. Did you fence it ?-Yes; fenced, drained, and stumped part „f ,t. Inew wen buildings on it. v 33. You brought this land into a state of cultivation (—Yes. 34. Erected buildings?— Yes. 35. That meant several years' work?-Yes, a good many years work- h .-10. What have you got for that time, labour, and money!-I have a lot of silt Ding on land 37. Are any of the improvements you put on the land of any use or value at the present time? -No, except the house I an, living in. I an, only killing time. I is no goodl to me 38. The Chairman.] Are you still paving your rent?-les, the landlord is still his rent in the usual form

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39. How long has your lease to run?— About a year. 40. Mr. Mueller.] When you took up that land, could you, after effecting your improvements, earn your livelihood on it?— Yes; when we got the land laid down well in grass we had about £500 a year clear profit out of the place—that is, with the sale of horses and the milking of the cows. 41. Mr. Mitchelson.] Did you milk your cows for the dairy?— No. 42. The Chairman.] Had you a milk-run?— Yes. 43. Mr. Mueller.] Had you a partner?— Yes. 44. You and your partner had £500 a year between you? —Yes. 45. Now that has all gone?— Yes; we had to sell the cows about three years ago. 46. And you have leased this other piece of land?—The place we are on is no good, and we are in the habit of having a beast or two for household purposes, and I leased this block alongside to have some place to put a cow or horse on. There is only a few acres of the place I live on that is any good. There is only about 10 acres any good for grazing purposes. 47. Mr. Mitchelson.] Does the £500 include wages, or is it exclusive of the wages of yourself and partner?—We used to put that away every year, and pay our expenses, wear-and-tear, Arc. 48. But no wages?— No. 49. What capital had you when you took up the land?—We were in business before we got this place. We had another block not far from there, and we just changed from there to the other place. We had the stock and business when we got the land. 50. You had stock, but no capital?—We only had our cattle, horses, wagons, &c. We might have had £100 or £200, but nothing to speak about. 51. Mr. Mueller.] In this lease of the Piraurahi Block did you have a purchasing clause?— No. 52. Or a right of renewal?— No. 53. What is your position now compared with what it was, say, eight years ago?—l am in pretty poor circumstances now. At that time I was doing well. 54. The Chairman.] What rent were you paying?— Fifty pounds a year. 55. Mr. Mueller.] Your present financial position has been caused by what?—By the silt. 56. You had a milk-run ? —Yes, Paeroa and Karangahake. 57. Were there any others, or many others, doing the same thing, or were you doing the most of that business? —We were doing the bulk of it, but there were other people selling milk as well as ourselves. 58. Mr. Clendon.] From this Piraurahi Block you have a big outfall drain? —Yes. 59. What is the size of the drain —10 ft. deep, say, from the river up to your place?— About 30 ft. wide and about 20 ft. deep. 60. Is not the bank very high at the river there? —Yes. 61. This outfall drain runs alongside of your property?— Yes. 62. What is Ihe average width of the outfall drain?—A little over 20 ft. 63. There are one or two paddocks on which there is very little silt? —A little. 64. Do you mean to say that there is any silt upon the two properties lying next to the river adjoining this drain? The Chairman: We have seen it ourselves, and we are satisfied there is. 65. Mr. Clendon.] There were flood-gates upon this drain?— There was a kind of one. 66. And so long as those flood-gates were maintained you had no trouble with the silt?—l have not seen them maintained for a long time. 67. To come right to the point, is it not a fact that this silt came up this drain and was deposited upon your land by overflow from the drain ?—Yes, that is quite right. 68. Are you aware that in the year 1896 or 1807 people were rescued in a boat from this property that you now occupy: the land was submerged by flood about 1896? —No, I think you are mistaken this time. I always keep a boat there, but it has not been in use lately. 69. You carry people on your back? —Yes, because the flood comes pretty quick. 70. This land of yours, I think, is rough land overgrown with tea-tree and rushes for the most part?— Yes. 71. The bulk of it, I think, is overgrown with rushes, tea-tree, and stumps?—No, you are stretching it a bit. 72. It is the remains of a kahikatea swamp?— Yes. 73. Stumps are visible over a great portion of it? —Yes. 74. And there are rushes and stumps on it/—Yes, but a lot have been taken out, too. • 75. What proportion is covered with tea-tree and rushes which these milking-cows produced so much milk upon? —I suppose there were about 100 acres. 76. When did you last take a crop oft' this property, and what was the area of the land you cropped?— About 20 acres, and that was about seven years ago. 77. A crop that you could carry away on your back? —No. 78. What was it? —Oats. It ran from 3 to 4 tons to the acre. 79. The Chairman.] What part was cropped? —Where the silt is lying. 80. Close to the house? —It ran to within 3 or 4 chains of the house. 81. Next to the road, or next to the drain, or where?—lt adjoined the big drain. 82. Mr. Flatman.] How did you ascertain there were 4 tons to the acre: Is it an estimate? — We sold the oats: we chaffed it." We knew roughly about how many acres there were, and we estimated the crop at about 3or 4 tons to the acre. It was a very heavy crop. 83. The Chairman.] Do you remember what you got for the oats?—l have the information in my books at home. 84. Mr. Clendon.] To whom did you sell it?—Tierney, at Waihi. 85. Hoxv much did you sell to him?—l do not know. I also sold some oats to another stablekeeper.

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86. Have you any books or accounts to show what you were earning off this property? —Yes. 87. Will you produce them to the Commission /—Yes. 88. Do you keep a banking account? —All the money went into the land. 89. Have you ever kept a bank account /—Yes. 90. Have you one now? —Yes, but I am sorry to say it is small. 91. You had a flax-mill?— No. 92. That rather crippled you? —No. 93. You are not working it now?— No. 94. How much did you lose in the flax-milling business/ I hai has nothing to do with tins question. 05. Have you any land or interests at the Awaiti, on the left bank ot ihe Waihou?—No. 96. Do you run ii lot of stock on the Awaiti / -Only three bullocks. 97. These Manuka Blocks which you took up six months ago. where are they/—Close to the railway-line. 98. Those blocks that were submerged in March last/—Yes; I had some cattle there at the lime, and they were drowned. 99. The water broke away from the Ohinemuri River, and came over those blocks during the last flood? —Yes. 100. Spread out over .he railway, and washed away many chains of the line?— Yes, it washed away some of the railway-line. ' 101. What rebate of rent did you get from your landlord by reason of the silt being deposited on the laud? —Not one farthing. 102. What is the length of the lease / — Twelve years. 103. Who is your landlord?— George Cooper. 10 1. What length if lease did you get of the Manuka Block?—It was only an accommodation for twelve months. 105. You have got four months to run of Manuka?— About that. 106. And one year to run of Piraurahi? —Yes. 107. Mr. Hanna.] You say that all this block Piraurahi is affected by floods, and that silt is deposited to a depth of 2 ft. 'down to 0 in. I suppose it varies a good deal, and that sometimes there is 4ft. of silt. What becomes of the extra 2ft. 6 in. of silt —where docs it go to/ The silt is over the whole area from 6 in. upwards, but there is a large area which has only a thin coating over it. 108. You said that sometimes there is as much as 4 ft. on it, and that it varies from 2 ft. to 2 ft. 6 in.: what has become of the extra 2ft./ -has it been washed away or been blown away/ You have already heard about the big outlet drain. This silt comes in. aud when il gets dry and there comes a strong fresh il drives the dry stuff further back and deposits it further out on my property. That is how it gets all over the place. 100. Bow man- freshes do you have/- Last winter we had a fresh pretty well every week for about four weeks running. 110. Have you ever examined the deposit of silt on your land/ —Yes. 111. Wlial does it consist of? —Quartz ground up. 112. Are you sure it is not pumice sand?— Yes. 113. All that you have seen are fine particles of ground-up quartz .'—Yes. 114. Have you ever semi any of this whitewash that has been referred to on your land—the .cum mi lie- grass/ There is a kind of slime. Il is finer than the tailings. 115. Is it white/ No, Ido not exactly call i, white. 116. Does it consist of these line particles of sand/ Yes, it is ground liner. 117. You can see the particles in it/ —There are some of what I call rough tailings, and then there is the slime. 118. Fine panicles that is what it is?— Yes. 110. Mr. Mueller.] In connection with the H l-gate that has been mentioned, do you retnember any occasion on which that H l-gate was in good working-order and a couple of inches of silt was deposited on Mr. Cooper's land? —No. 120. Do you remember Mr. Buchanan having a'crop of potatoes on Cooper's hind/- Yes. I remember he had some oats. That land is between the road and the river. I remember thai Mr. Buchanan had some oats, because we chaffed ii for him. 121. Do you remember the Hood being over there during that crop, and depositing silt on the potatoes ? —Yes, I believe he did get his potatoes spoilt. I have seen that the water has colne over the bank, but it was not as bail* as when the flood-gate was not there. 122. Was the crop of potatoes taken out within the last ten years ' Yes. 123. Do you know where this new reduction plant is proposed to be ended down the river/ Yes, the silting plant. 121. Is that land where they propose erecting that plant on about the same level as your Piraurahi land/ —Itis a bit lower. The bulk of the land is a bit lower. 125. With respect to the crop of oats, is it not a fact that you cropped thai piece of land and that you have taken several crops off the land? —Yes: we drained and stumped that piece, and worked it up well. Everybody in the neighbourhood admired the crop. 120. The Chmr man'] How much of the 210 acres did you stump.' From 20 to 30 acres. We surface sowed the land, and burnt it, and laid it down. 127. Mr. Mueller.] This was not one solitary crop that you have taken off .luring eleven years?— No. 128. You have taken many crops off/ Yes; we used also to tak< hay off for the cattle for the winter.

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129. Mr. Flatman] How manx ions of hay do you estimate you could grow to the acre couple of tons, or a little more, to the acre. 130. Th, Chairman.] About this drain: when you went there eleven years ago what width was ~/ A\e used to jump over it. I, would probably be about Oft. wide, and i, was about 2ft wide at the bottom. 131. What depth was ii : is it deeper now than it was then? -Oh, yes I 132. Were there flood-gates l hen/—There was a sluice-gate then. 133. How did it come to be deepened and widened /—By Mr. Cooper. 134. With your permission/—No, I was against it. 135. Was ,t deepened all in one operation, or in more than one operation?—On different 'H-casions. 136. When it was deepened they put i n the sluice-gates / Yes, 137. Who paid for the sluice-gat,-/ I think there were some three persons in it 138. Did you contribute?—No, 1 was against it. There was another block at the back that had to be drained into that big drain belonging to John L. Scat, schoolmaster, of Parnell L 39. II they had left the drain alone as it was when you look it, your property would not have been flooded or silted/ I should have been all right. 140. Did any floods come before the drain was deepened/ -There came a fresh, but nothing serious. The water went away and the grass came again. 111. There are no floodgates there now?—No; they washed away just like a paper bag. 142. How many flood-gates have been there since the first one?—l could no, say. 143. Have there been three/ -More than three. 144. The water inside the drain washed them out/ X„: it is the pressure from Ihe river that breaks the gate away. James McKkk examined. (No. 7.) 1. Mr. Mueller.] Your name is James McKee, and you own land—Waihou Wesi X,,. 3?— Yes; it is above the Junction. The area is 27, acres. I own or lease 110 acres altogether. I own ami lease the land from this Waihou Block, on the west side, right down to Thorp's Bend. It is agricultural land. 2. Is that land subject to fl Is/—Now it is. 3. Where does the overflow c c from?— From the Ohinemuri, backing up the Waihou, causing it to overflow its banks and go into the Hauraki Plains. 4. How long have you held, this land/--About ten or twelve years. .",. Was it subject to II ling when you took it up?— No. 6. Would you have taken up the land if it had been subject to Hooding/—No. 7. Are Hoods , ■<• Frequent now than .Icy us, d ~, be/ Yes, they are getting worse and Worse. 8. Th< Chairman.] Are I hey gelling worse in height or merely in number?—ln height. 0. And in number? Yes. they come oftener. Pretty well every month you look for a flood now. I had two last March. 10. .1//-. Mueller.] What is the cause of the flooding becoming more frequent ami becoming higher?—The silting-up of the river. 11. Have you got any outfall drains on to the Waihou/ Yes. five. 12. Are they being blocked up by the deposit? Yes; there are two I have got flood-gales on, and there is one conipletel) blocked up. I.'!. What size one is thai / Seven feet at the top, close on lift, deep, and 2ft. at the bottom. It is filled with tailings and sib mixed with mining dibris 14. Is there any of this silt deposited on your land/ Yes. 15. On what area is the sib deposit,,!/ Nearly all over, from I in. to Oin., and to 18 in., and in some places 2ft. Some places got a worse doing than others. 10. Your land is pretty well level/ Yes: the bank is a little higher. It has been biul.t up lately by the tailings. 17. There is silt over the 400 acres' Yes. 18. The Chairman .] You do not mean to say that there is over bin. of silt over the whole of your 440 acres .' No. 19. There is silt over the whole of it to s c extent / Yes. 20. Over what area does it exceed Ii in./ 1 suppose about 40 or 5(1 acres, close lo the Junction. 21. Mr. Mueller.] What effect has that upon the vegetation/—lt spoils it for cropping or for growing grass. It will only grow a little grass. You cannot expect ground to grow much grass with silt 6 in. deep. 22. With respect to the drains: If you cleaned them out. would that get over the difficulty? We should have to clean the drains out after every Hood. 23. You remember the January flood. 1907?— Yes. 24. What do you consider you lost during that flood in the way of cash .'■ I lost all my crops some potatoes, 2 acres of mangolds, two paddocks of hay—about 10 acres. 25. The, Chairman.] This is close to the Junction? —Yes. 26. Mr. Mueller.] Was there a loss of pigs/—Yes, I lost thirty-two pigs. I had lo sell the pigs for whatever I could get—at 17s. apiece. They were no good to me. I sold them at a loss because I had no food to give them. 27. At that time you were milking fifteen COWS?— Yes. 28. And did the cows stop milking/ —Yes, the place was ruined. 29. You had to get rid of some of your stock at a loss, and others died through want of feed ' —Yes.

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30. Have you any particulars as regards the March flood ?—All the tailings have not been put on by one flood. One Hood deposited perhaps two or three inches, and subsequent floods another half-inch, and so on. 31. Did you suffer any special damage during the last flood? —Yes. 32. Can you give us any particulars of that damage?—The grass was the biggest loss. When you lose the grass the cattle grow thin, and it is a big loss. 33. Did you use the cows for the creamery?—No, for making butter. After the flood goes away the whole of the grass is as if you took a paint-brush and painted it. The marks are round the kahikatea-trees as if you had painted it with silt. 34. Does it wash oil the grass easily?—lf the rain comes on as the flood is going down this stuff will pretty well wash off. 35. Not all wash off? —If the flood goes down and it happens to be fine weather, and the sun comes out, this stuff dries on the grass, and there it sticks. 36. Were you forced to sell any of your stock at the Hikutaia sale last month?— Yes. 37. What did they fetch?—l sold good cows half-gone in calf at £2 apiece—cows that 1 expected to get £4 10s. for; but I had no feed to give them. They were good dairy cows, with no blemishes on the teats. 38. Would you have sold them at all if you had had feed for them? —No. 39. Did you attempt to sell any others at the Paeroa sale?— Yes; forty-two head I offered, and I was not offered a shilling apiece for them, because they had been eating this grass, and it affects the cattle. I sold some heifers, but I took nineteen cows back home again. 40. Mr. Flatman.] Were they good-bred cattle?— Yes; I am going to put them in the next Hikutaia sale. They are no good to me. If there is another flood they will only die. 41. What is the market value of a cow?—lt depends on the condition. £6 ss. is the average. 42. Did the water come up into your house?—The last flood did. It is the first time it ever came in. 43. Whereabouts is your house? —Just below the Junction, at the mouth of the Ohinemuri. 44. What depth of water came into the house? —Two inches. 45. How high is the house above the level of the land?—lt has about 2 ft. 6 in. blocks, 1 think. 46. What is your position now as regards this property : do you intend to keep it?—l do not intend to keep the leasehold. I suppose I shall have to stick to the freehold, or let the Waihi Company do what they like with it. 47. Have you worked long on this land? —Yes, I have practically spent all my life on it. 1 worked it fo provide a home for myself in my old age, but I am afraid I shall not be able to keep it. Ido not know whether I could sell it. 48. What about the dwellinghouse : do you intend to move that at all?— Yes, in three weeks' time. I have arranged for the carpenters to shift, the building. 49. Where are you going to shift the building to?—I bought 10 acres adjoining the railway. 50. Close to Paeroa? —Yes, on the high land: I am done with the flats. 51. Did you buy this additional piece of land for the express purpose of putting your house on it ?—Yes, to make my family safe. 52. Would you have purchased 'his additional piece if your other land had turned out as you expected ?—No. 53. The Chairman.] What did you give for the 10 acres you have just bought? —A hundred pounds. I bought it cheap. 54. Mr. Mueller.] Do you know that that land was bought some ten years ago at £10 an acre?—l heard he gave close on £100 for it. The owner has been away from here a long time. 55. During the floods at your place near the Junction, have you had to chop down cabbagetrees and willow-trees for feed for your stock? —Yes, in order to keep the cattle alive. There is no bridge to get the cattle across the river. 56. You have been on the land for ten or twelve years : what is the result of the labour and money you have put into ii / A good deal of money has been spent on the place one way or another. 1 have got nothing for my labour and expenditure. I have had to discharge my working-men, and now I am left by myself. 57. According to your account, you will soon be off?— Yes, if another flood comes. 58. The Chairman J How much of the 440 acres is freehold and how much leasehold?— Seventy-two acres freehold, the rest leasehold. 59. Mr. Mueller.] You produce photographs showing the effects of the flood on your land, and the silt deposited on it/—Yes. and I have here a photograph of the last paddock I ploughed. [Exhibit No. 7.] I have also a sample of sill taken about 150 or 200 yards back from the river, and about one mile up the Waihou. 'I he deposit was about 6 in. deep. I have two other samples —one taken 1 chain back, and the other 10 chains back; the third was taken about a mile up the Waihou. 60. Mr. Moresby.] I think you have tried ploughing it in? —Yes; I have sown grass-seed on the top. I have ploughed in about 6 in., and only touched the old formation—just skimmed the black soil underneath. lil. Have the original banks of the river on your land been added to by the silt? —Yes. 62. Can you say to what extent the encroachments are? —Four or five yards in some places. It all depends on how the current strikes the bank. 63. There are some big encroachments in some places?— Yes. 64. I think you use the river a good deal between the Junction and Thorp's Bend?- Yes: three or four times a week. 65. Do you consider that that portion of the river is any shallower than it was formerly?—lt is a lot shallower.

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66. Can you tell us what portions of the river between those points are shallower?—At the mouth of the Ohinemuri, where it strikes the Waihou. There is one bank beginning to show this morning. If the weather keeps dry for a week it will be a big bank. It was showing about half a chain this morning as J came up. 67. You cannot say whether it is due to tailings or river-sand /—lt is not river-sand. 08. Do you know what the bed is composed of? —I have never tested the river-bed. 69. The Chairman.] Have you noticed any difference in poling across for eleven years past .' —It is a hard bottom at the present time. 70. Mr. Moresby.] Whether it is river-sand or silt, it is filling up?— Yes. 71. From the Junction down to Thorp's —do you say that the whole of that has shallowed up/ —It is more towards the top. 72. Mr. Tunks.] Have you owned the whole of the leasehold during the whole eleven years? —No. One lease of 57 acres I have had all the time. A couple of years ago 1 acquired 277 acres, t took it for a short period, simply for grazing purposes. I only lease it from year to year. I bought Ngararahi live or six years ago. 1 have two or three other pieces of freehold right at the Junction. 1 acquired them about ten years ago, buying them by degrees. 73. How long ago did you sell the 110 acres?--About six years ago. That was the lowest ground I had. The price was £4 an acre. 74. When was the first time that your land was e\'er Hooded during the eleven years?—The January flood, 1907. 75. When was the first time water came ovei yna land by reason of the rising of the river?- — About three years ago. 76. Do you say that prior lo that, in the lirst eight years that you were .here, you experienced no floods at all? —Perhaps twice. 77. Did they bring tailings down at all?— No. 78. And did no damage of any kind? —No. 79. Bather, perhaps, benefited you, did they.' Yes, perhaps. 80. When the water came over the sections, was it the Ohinemuri or the Waihou?—Heavy ram, the river, and the willows: 1 dare say mostly the Waihou. 81. It was not due to the tailings?— No. 82. You said the land has not recovered from the January II I of 1007? No, and it never will. It is getting worse and worse. 83. Do you say that the January 1007 flood was due to silt/—Yes. 84. Not to heavy rain? —Heavy rain, I suppose, helped. 85. Do you know whether Hikutaia was under water at that time? —I cannot say. 86. All you know of is the floods you have had on your own place/ — Yes. When a flood comes 1 have to look after my own place and stock. There are five paddocks that I have sown since the last flood. lam trying to get the paspalum-grass to grow through the tailings, but Ido no, know whether it will or not. 87. When you bought this freehold land, about live or six years ago, what did you give for that?- Ii was Maori land, and 1 started buying i, at £4 or £5 an acre. It meant running after the Maoris, and 1 reckon it cost me £9 10s. 88. What do you value it at now? —I have been offered £13 an acre. 89. What would you take for it now /—I will take £10 an acre. The valuation is a little over £9. I will take £10 for it with the house off. 90. When was the county valuation made? —Three or four years ago, perhaps. 91. Whereabouts does your house stand? —On the freehold land. 92. Mr. MeVeagh.] 1 want you to give some more particulars about these drams.'-When 1 went on the property eleven years ago there were some small drains. 1 widened them and straightened them. J have five drains. There were drains, 1 suppose, 15 to 18 chains long. I deepened the drain to 5 ft. on the top, and 4 ft. 6 in. deep, and it is about 2 ft. on the bottom. 9-' i. Where does that flow into?—lnto the Waihou, below the Junction. 94. Is that your lowest drain? —Yes. 95. Take the next in order : What is the length of the next drain?— About 20 chains. 96. Does that also flow into the Waihou below the Junction? -It was a small drain, and I enlarged it. Its dimensions now are about 5 ft. on the top, 4 ft. 6 in. deep, and 2 ft. on the bottom. 97. The third one?— That is the one that silted right up. 98. What is its length?— About 10 chains. It is about 7 ft. wide at the top. 99. The fourth drain?— That is another big We have got a flood-gate on that. That is a drain 10 chains long. There is about a foot of tailings lying in it now. 100. The last drain/- That is about 12 chains long. It is half-full of tailings now. It is about 4 ft. deep. 101. Have you subsidiary or small drains/—Yes; I have about 12 chains of smaller drains in one place. Then- is another about 20 chains long, and another about 25 chains. 102. Are these drains through the freehold /—Through the freehold and leaseholds. 103. It was very wet land wl,,u you went there/ No: but the more draining you do the better i; is for you. 104. How long have these drains hem, in existence? Some of the little drains 1 made myself, bui the big drains were made before I went there. Some were made as long ago as fifteen years. 105. I suppose the effect of these drains has been to consolidate the soil? They make the soil drier and better. 106. And reduce the level? Yes. 107. You have done some clearing also? —Yes.

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J. McKEE.

1118. Ai the back of yoUl place there is a long extent of low-lying country! The Hauraki Plains go into the back, it cannot be so extra low when so many people are balloting for the land. I think those people will be worse off than me. God help the people who are living in the Piako I The men who are balloting do not know what they are doing. 109. Can all your cattle run on your land?— Yes, they used to do well in summer. 110. You hav< some leaseholds: 'have you any objection to slating what rentals you pay! Eighteen pounds a war. 111. What area?— Two hundred and sevenly-seven acres. I am now going to throw it up altogether. I have four months to run, and the owner can have it. It is 110 good to me. 112. 1 think there is no demand for dairy cattle about this time of year/ You get a good cow. and in good condition, and in calf, and you will get a price for it. I 13. Do you say there is as big a demand now as at the beginning of the milking-seasol, (—ln the spring—that is the time for the demand. 114 Have you ever seen the Ohinemuri in flood and the Waihou not in flood/—Yes, often. 115 Will you mention any occasions? Tins last H 1. The Waihou was as low as possible. and the Ohinemuri came down with such force it was simply a torrent, and ran up the Waihou Foj three miles, and carried some posts up the river three miles, ami they are lying .here now. 116 17/' Vickerman.] Hid you say you had posts carried three miles up the Waihou I roll, the Junction? Yes. and some c'abbage'-1 rees that I had cut down for the cattle ware lifted ami floated up the river. Mr. Macdonahl and the skippers of two small boats could tell you Ilia, il they wished to do so. . . " 117. Mr. MeVeagh.] How do you identify your cabbage-trees! I am the only man Who lias been ohopping them at the Junction. 118 As a farmer, you know that if a stream of water Hows across the -round, and the sun comes out, you have the grass shrivelled and injured- practically scorched! -Yes. I he worst flood you can have is in the summer. 119, .\, H | the Hood of 1007 was a summer Hood after the drought in December! Ws. there was vein warm weather. . 120. That would account for the damage lo your grass! No: when the sun came out it destroyed the grass in the way I have described. ■ 121 Do you not know that the January 1907 flood was general over the whole province! Do you no, know that the Waikato train service was stopped for a fortnight?-It might have been. 'If it was. i, was all fresh water; it was no, water dirty with tailings A little fresh. water doe nobody any harm: cattle can eat the grass when Ihe water goes oh. Ilut with this othei stufl Oil the gr'as f . the cat tie can no, eat it. , . 122 In 1007 are you not aware thai cattle died a. Hikutaia in consequence of the flood I They might have done.' I know there were a lot of cattle drowned. hey died a. .Netherton. I do no, know about Eikutaia. 1 know some men lost nearly all their milking-cows. 123. Mr. Mu.lhe.] This land was not composed ol peal' No. bin. ol good alluvial, white clay under the 0 in. of soil. 124. The Chairman.] Is that soil peaty? No. 125. How far does the while clay go down! -I cannot say. I he white clay goes down as tai " S Flatman.] Do you consider that g 1 soil! No soil in the Waikato can come up to f or g I cows to keep then, supplied! Yes: I was ashamed to own my cattle going to the sal< ,1m !,,,'■ the las, two or three years. . . , ~ , d " B £t was the amount „f reduction in your butter-production after the last Marc ll(1 ,„l'"-i have been selling the milking-cows off. There were only six milking, and lam „„h liTO s?-No ~ strikes where the island is. The Ohinemuri forces the Waihou back, and hen h Sou overflows back of Netherton into the Piako. Swamp. There is an overflow of .about 2it 0 in. for about seven miles. 4 ha, goes into the swamp. There IS about seventeen miles ol OV€rfl l O 3o' Does the Ohinemuri run from there too/-Certainly ; :ha, is how the tailings get on to If X *ere not fo, the ohinemuri there would be no tailings coming down the Waih lTl You mean to say that all the ladings ,"ha. com,- on your land go up .he Waihou channel : ihev ,1,, not c,, over at the point I -One river backs up the other. ""' L 32. make any'mistake: because some people say that it goes over a, the other place/ No- ihev do not know anything about it. ,-,,--, , ti ,- ,„-,e be -, tttfznxxstrztt • * - taken about a mile above the Junction?— Yes. - ';s v;:;:;; ttZSttZtiz * «>- "• water are distinctive?— Yes, the Waihou is perfectly clear blue water.

•I. M.XXX. J

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139. And if it is due to the backing-up, there must Ihj some short distance between the places where they mix with one another?-Yes; in the middle of the river you will see in some places dirty water 2 or ~ chains long, and l hen a long clear patch in the middle of il mixing ~ , IM t - ?- 0W li^l ' "P hay « you seen that point of the mixture/ Right up as far as Mr N'ichoU's block ot 21 i acres. 141. Mr. Flatman.] Ilow many miles would that be up?— About two miles and a half or a little more by the river. I 12. The Chairman.] Does the mixed water go over the opposite bank to your place'—l have not been over there, but you can see the traces on the bank : but that bank doe's not suffer as much as my ground. 143. Is there much tailings on that bank?—The overflow is on tnj bank first. Here and there I suppose you could get a few tailings on the bank. The overflow rushes up the river ami then overflows to Netherton and Piako. 144. Does the Waihou River in flood bring down much stuff?— No. 145. Vegetable matter ? —A little. 146. You spoke of white clay being under your soil: does that continue for some miles? Yes I think so. 147. If the banks erode, some of that would be wash,,l out and would give the appearance shown in the third sample?—l do not think there is any fear of the river washing out the white clay. The white clay is very solid. It is hard to dig. Mr. MeVeagh: Might I suggest that the Commission would get a great deal more information by going up the Waihou. Tin Chairman: We propose to do so. It may prolong matters, but it seems to me absolutely necessary that we should see these places whilst the evidence is fresh in our minds -that we should see the land and the places the witness has spoken of. Mr. Hanna: It will really shorten the matter in the long-run. The Chairman : And really shot ten matters. What we wan, to get a, is the truth. John W. Thorp examined. (No. 8.) 1. Mr. Mueller.] Your name is John Wullanora Thorp, and you own 218 acres on the banks of the Waihou Kiver?—Yes. I would like first to make a statement to the Commission. J found the first gold up here. It may lie said that is of no consequence. It was a pear after Gabriel's (Jully was opened, in May. I spent over £2,000 in prospecting in the district. I wish to make this statement to show that I have helped the goldfield all 1 possibly could: and Thorp and party were awarded the prospectors' claim at Karangahake when this goldfield was opened by Colonel Fraser. 2. You have made a calculation of the damage which you have sustained by the flood? Yes : it is as follows: ,: Loss sustained by John W. Thorp—Damage caused by sill in 1906-7-8-10: January, 1007 To loss of grass for three months at £2 per ace per annum, £38; loss of young healthy apricot and peach trees, 70 trees al £2 each, 6140; one of the best apricots in orchard, 645 10s.: by Hi large apricots destroyed, at £20 each, £-",20: 6 smaller apricots, just bearing, al £5 each, £-'10: 12 large healthy apple-trees, at £12 each. £144: loss on 2 acres of a splendid crop of potatoes, at £17 per acre. £•'!) : loss on Kouto Nos. 2. 3, and 4, depreciation, at £:i per acre, caused by silt and silting of river, £15; to 40 acres of splendid rich bottom, valued at £-T> per acre, destroyed by silt, and only worth half-value now. £.'140; on,- line cow. broke her leg in silt. £7. January, 1907—1 cow. £0. ami two calves at £2 each, destroyed by silt covering grass £10. Total, £1,263." 3. Your fruit-trees were a great source of revenue?— Yes. All the peach-trees and apricot l rees have been destroyed. 4. How long have you been in the district/ —Over forty years. 5. How long have you occupied this land!—Abom thirty years. 0. Did you crop your land? —Yes. 7. Has it been spoilt for cropping-purposes?—Yes. 8. When did you first notice the flooding of your property? —Between six and seven years back the flooding cm -need I mean. Hooding caused by the silt. 9. Has that been getting serious/ Yes. it has been getting serious every year. 10. And more frequent / Yes. 11. Higher floods? — Yes. In the old days it took from two to three days' rain to cause a flood; now it only lakes a few hours. 12. What sort of crops did you take off your land?— All sorts. 1 used to take off mangolds. I have had mangolds 50 Ib. in weight taken off th" land. It is quite useless for that now; they would rot with the flood. I.'!. You have outfall drains into !he Waihou River? Yes 14. Are they liable to blocking up by the silt?— Yes. 15. Have you ever tried to clean them out?-- Yes. 10. They have been blocked up again/ Yes. The members of the Commission saw one drain completely blocked up. 17. they are all affected ?—Yes. 18. About the river itself: In the early days, twenty or thirty years ago, >vhat depth of water was there' The river wa-- a good depth then. 10. Have you any idea of the depth?—l should think it would average fully 10ft. 20. Are you considering that ai high tide—al the highest / -No, at half-tide. The steamer ■■ Stmt '' came up with Sir George Grey in 1870. The " Sturt " drew 7 ft. 6 in., and the steamer

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"Luna" drew about 8 ft. 6 in. I saw the "Luna" go up at half-tide. Captain Fairchild had to heave the steamer's nose right round at my bend, because the turn is sharp there. 21. Other steamers used to trade past your place?— Yes. 22. Had they the difficulty that steamers have now? —No. 23. What size boats can get up now?— Some flat-bottomed scows go up there. One got stuck at the Junction. She was loaded with bricks, and could not get past that place. That was only three or four weeks ago. 24. You have known boats to stick about the Junction within the last six years?— Yes. 25 Can you state whether, about your place, the river has been shallowing/—Yes. • 26. Much or little.'—A good deal. The river is narrowing. 27. Could you give us an idea of how far the banks of tailings extend out I mean from the old original banks? —It extends out considerably in several places. 28 Have you seen a Hue deposit of this stuff on the grass?— Yes. 29. What effect has that/—lt is very bad for the grass. It did not wash off this last time tor three weeks, even after rain. 30. Do you know whether the stock eat that stuff/— They would not eat it unless they were really starving. . 31. How much of your 82 aces is affected will, this silt?—The whole ot it was affected in the 1907 big flood. There were •'! in. over the whole of it. :;i\ The Chairman.] Not over the whole of it. How many aces of low land?— There was about •'! acres of high land that was not touched by the water. 1 acre of which is an orchard. 33 Mr Mueller.] Yonv best land was down on the river-point where the main orchard is? —Yes. Thai is where the silt ran over. In that summer Hood of 1007 th, river never went down for three weeks. That is what killed these trees. 34. Have you known any big floods in the past/ Yes, higher than anj we have had, and they have never done any damage except to bring a big deposit of loam on the grass, and it enriched the ground, really. 35. If it had not been for this silt you would have had a very good orchard and home there/ —Yes. 36. You have been practically ruined through it?— Yes. :!7 Your financial position has been made bad / Very bad', and through no fault of my own. 38. You have spent your time, and money, and labour on the properly! - Yes, over twenty five years getting the orchard; and there it is destroyed. 39. Mr. Cotter.] You have been residing in this place over thirty years. Do you rememlier the •• I.alia liookh " steamer?— Yes. 40. I think you actually took her down from Paeroa to Bagnall s mill! Yes, at dead-low 41 Can you give us about the year?—Jt was previous to the opening of the goldfields. 12 About what was she drawing! About 0 ft. (i in., and she never touched bottom at all. |:i Where did voit start from?— From Te Puke Wharf. I was residing there at that time. 44. You have stated that the river has been, in your opinion, shallowing during the whole of this time? —Yes, during the time the silt has been coming down. 15. Did you notice any shallowing during your residence there prior to the silt getting down/— No. I did not. . 46 Is ii your opinion that the whole difficulty now m navigating Ihe river up from le 1 like a, any rate to Paeroa is caused by the sill / Certainly; not the least doubt about it. Any fool can see that. , ,-,,,• j 17. Now. we have got the foolishness out of it. let us try and get a little about the wisdom. Have you thought of any way of getting over this difficulty?— Yes. 18. I),, you think that this trouble, if something is not done, will go on below le Fuke/— Yes, it will block the whole river. . . . . . 49 Heine- an old resident here, can you tell us whether, m your opinion, it is very advisable that the navigation of the river should be still preserved/—Cert a inly : not the least doubt about that. . . . . , . , , ~ 50. Leaving out the colonial part of the question, is it, m your 0,1,1110,1. very advisable tor the benefit of the district that the navigation should be free?— Certainly. 51 Will you tell us what, in your opinion, should now be done to preserve the navigation from Te Puke at any rate downwards?-You would have to start at the fountain-head. wrote ,0 Mr Poland about three years ago while he was down at the House, and Mold him that my scheme was .his: My idea was to lift all the tailings when discharged from the batteries, 1,500 tons daily, at Waikino, and bring then, back in the empty trucks and shoo, them down alongside the railway-line. That would injure nobody. ~,.„, • 52. That would not remove the whole difficulty even then. What about all the tailings in the river?— Clear them away—sweep them down the river somewhere. 53 Do you think that would improve the navigation from le Puke downward f—JNo; it would not for a time. The main thing is to stop the damage at the fountain-head. If that is done there is nobody wronged. . . 51 Have you considered the question a. all in this respect : Still preserving the tner as a sludge-channel.' as to what should be done?- It would, be a useless ,ob. You would never overP " The Chairman.] Would you revoke the Proclamation?—No; but you could get the companies to assist in lifting this stuff. . . . . ~ 50 Mr. Cotter.] Have you considered the question a, all in relation to this fact. As to tn« difference in treatment at the mines so as to produce not these coarse tailings we see on the banks, but this fine sludge?— That is just as bad as the other.

J. W. THOBP.]

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57. Is not this what you mean by your answer, that the Hue sludge is as bad as the other so far as its injurious effect on vegetation is concerned /—On the vegetation and the river _ 58. Why do you give that answer so far as the river is concerned? Because these slimes are sticking in the river now. 59. Can you refer to any place in the river where the slimes are to any considerable depth ' J could not say. I have never tried them. ' The Chairman: Would it no. be better. Mr. Cotter, to bring forward some direct evidence? We are very pleased indeed to hear Mr. Thorp, and we had a long chat with him. Ido not think this cross-examination will bring very much out. Witness: I should like to state that the .Maoris stand on a rock. The .Maoris were in ignorance ~l the Proclamation, and they would have protested if they had known of it. The Proclamation was never translated into Maori: it was never advertised, and no notice was eiven to the Maoris. The Maoris knew nothing about it. 60. The Chairman.] Therefore you think they have a claim against the Government?— I think they have a right to go to the Supreme Court and test the position. 01. .1//-. Tunks.] Did you make any protest yourself?— No. 02. Why not?— Because I was interested in mining all along. 63. You knew something of what was going to happen?—l had no idea of the quantify of stuff that was going to be put into the river. If I had known that, I would have protested ' 64. Why do you think the Maoris would have protested?—] do not know what they would knoxv. 05. The)- would not be likely to protest unless they knew what was likely to happen?— They knew a lot of stuff would come down. Some of them are pretty knowing. 00. Mr. Clendon.] What age are you?— Sixty-two last August. 07. When did you buy this property? —About thirty years ago. 08. What was the value of your property in 1895—0f this 82 acres?—] could not say just new. • 69. What would you take for it now/ Are you willing to sell it?—] might sell it if I ~,,t a fair price. 70. Wh-cTt would you consider a fair price for it?—l have not considered it yet. 71. This orchard, 1 think, has lieen condemned once or twice? —What for? 72. Have you received a number of notices from time to time to clear your orchard of disease' Yes, codlin-moth. I did clear it. 73. Have you been convicted?— Yes; I cleared it last season. 74. Was that disease due to the silt?—No, codlin-moth. 75. The apricot-trunk which you have produced—was that tree on the property when you got it?— No. ii. 76. What was the age of that tree/ — About seventeen years. 77. What is the average life of an apricot-tree/—About twenty-five years. I have some near the house older than this. 78. Are you aware that a number of apricol-trees died throughout the Thames lasl year from some disease/ — I do not know. 70. What caused the death of that tree?—The silt. 80. How do you know? —The water kept on the ground for three weeks. 81. How many other trees did it kill?— Practically all died except two. 82. You value this apricot-tree at £15?— Yes. 83. When did it die—last year?— About two years ago. 84. Why £15/ I can get seven or eight case's of apricots each year from such a tree. 85. What is each case worth?— Forty-five pounds in the case, at Id. or fid. per pound. 80, About £5 a year. You are giving the tree nine years' life? — Yes. 87. Can you give us the county valuation of your property?—] have not got it just now. 88. You say you had bigger Hoods than the flood of January, 1907?— Yes. 80. How much higher would the biggest be than that of January, 1007?— About 2 ft. higher 00. When was that?—] could not tell you. It is perhaps thirty-five Years ago. It Wont clear over the tops of the hedges at Te Puke. 91. You have never estimated the rainfall on these occasions/ No. 92. Have you examined the bed of the river from time to time during the last fifteen years' —No. 0-'). When was it that the "Luna" came to Paeroa/—When Sir Donald McLean came up I think it was in 1873. ' ' 94. How do you remember that she came up at half-tide/ The tide was half in. 05. What was the slate of the tide when the " Lalla liookh " first came up/ I cannot say. I look the " I.alia Etookh " down previous to 1875. 00. What is the average, height of the bank of the river adjoining your orchard? About I ft. at high Water, and at low water about 7ft. 07. By ■■ high water " you mean ordinary high tide, not spring tide/ Yes. 08. Mr. Mueller.] Did not the Maoris use the water of the Ohinemuri for drinking purposes? —Yes: it was beautiful drinking-water. Mullet used to come up past this bridge. 00. The Chairman.] I suppose the Natives lived usually on the banks of the river? Yes. They caught eels, whitebait, and mullet. The Maoris used to use the banks of the river for early crops of potatoes, and now they are all ruined. 100. This ancient Hood of 1875: was that after a very general rainfall ?—Yes, and a very heavy south-east gale. We lost some cattle : they were drowned. 101. Does your land flood now if the Ohinemuri Hoods, without even the Waihou?- Yes, I have seen niv land flooded without any Hood in the Waihou a 1 all.

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Samuel Jambbon Laughlin examined. (No. 0.) 1 Mr Mueller.] Your name is Samuel Jameson l.aughlin, and you are a farmer residing at Netherton? Yes- 1 own a farm there of 207 aces, freehold-Waihou West Block No Ib, Lot J. V ,iow much of that land is affected by the silt / Abou, 2 acres along the bank of .he river. 3 Does your land Hood / — Yes, from the W alhou. 4 You arc down below the Junction, at Netherton I -Yes. 5 W a effe has that flooding upon the pasture of your land /-It dcs roys the pasture l' D, tha make a difference to your milk cheques/ Yes. the Hooding kills the grass do not supph nrihk; I make butter. Th/ee years ago after the flood I had to turn my cows out dry; ,bey xveiit ri-dit of the milk. 1 had to turn off thirteen cows. "' 7 mat diSerenoe did that ke to your receipts?- -It took away "& b ™* 8 Your living fell from a fairly good living to practically nothing -- I o verj little 9 Thislast! Hood vi March what°effect did tha, have on your land?-lt did a good deal of damage but nothing like the flood of three years ago. 10 Did i, come as high as the flood of three years ago?— Yes, pretty near. 1 think. 11 Why did !t no, do so much damage as the flood of three years ago /-Because 1 had not ouite so much crop. , ~, v 1 12. Because the grass and stock were not there to -be damaged -J^--13. Subsequently to the 1907 flood, did you get rid of some ot your stock ! -Yes, 1 parted a good few. I had to do so. 14 Did you part with them at a loss?— Yes. \i s£» d» ** i-,.* i ..«■ * >!? EisiuS £."3S£S£ £r£ -<- »-» SlCS'l 1,-* I-™ — ' " """* ""' TS, »"> J'» »«« ran a. ~, i- « ">' -«p '» have a look at it. ~ „ S t£i or damaged?-!,, the big « - about »ooded?-No, I do not think 8 0-not to a great extent nothing big enough to draw my attention, to it mentioned? _ 24. During these Hoods have you su.ee oss i, > 7 : fenoeß were d d Yes: potatoes, oats, and bee-hives also lost three head [M fl , g &nd 25. Can you give any estimate of the damag you have sui nt siltino'... -Yes I had an estimate made out, but 1 have not got It with me. •- K-xtsz -jsxs $ [ - ft i=r.? ■;::• J:;;::- • - — Is-,,',:,,' PPclte I, I * - , " l,,, :;;/."i'i l :, , ' i ,:;; r i" : 'v- 1 :,", ~ „,.- ).,„.-„ >•« ™"<- * • -™' ~,i' "'h do* " ,o '""l/",. Her. mm* of Out »■„ ol .„,„ -„, U» rtftrta»kt-Y«., ,I,™ » . good *«, .1 » **J5? g:;*tUoif'."» i., rood tai .1 o„„, B - , ,„.- ,ive,- iwn-Y0.,«, 0,0 "«*•■ 33. Both sides?—ln places yes. ( , , h(1 oap t a in 34. What effect has that had on the navigation of the.riveri I O UWttU 0* earner keeps what he calls the gutter or „„ the bank. iTSSi ySs^ouTdtes^have 1 ; wider l°pe in goifg up and down the river?_l the accumulation of tailings opposite your %\ PUt was the effect of the March flood t-That brought down a consider- .. lhll M t left a soluti!,,, of tailings- I should call it Slither the grass. •hi \ir Uueller 1 Finer stuff than you used to get?— Yes. 40 W,« did vol, hrs. notice the fine stuff?-Principally after the last flood. 4L Have you noticed the fine stuff adhering tothe grass '-**•_ I|;inl ,„ |2. Does it easily wash off tin- grass with a showei 01 rami get off.

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43. Do you know whether that has any effect upon the cattle eating the grass/—1 should say ii would not improve them. 11. You know the Puke ferry?— Yes, I cross it three or four times a week. 15. Has there been any shelving of the banks there/ Yes, it is an annual cost to the Council to keep it open. They have had to extend the approaches 9 ft., particularly on the western side. 40. You are a member of the Ohinemuri County Council?— Yes. 47. This flood in 1907 took a long time to subside?— Yes, I think it must have run over Netherton for about three weeks. 48. In any previous flood had you any similar experience?— No. 49. In the earlier floods did the water remain on the land for any length of time?—No, the ground would be wet after a fresh came over it, but it seemed to get away fairly well. 50. The Chairman.] This January flood that came over from the back—did it carry silt with it, or was it water fairly clear? —1 cannot say that it did bring silt. I did not notice any silt on my property. 51. In that flood theie was none came over the river-bank; it all came from the back?—l could scarcely answer that question. 52. It did not pour over in the front?—No, it could not have done, because the water was pretty clear. 53. Mr. Mueller.] Do you know Mr. Chamberlin? —Yes. 51. Do you know where he put in a pump to get river-water for his cattle? —Yes. He lives at the Junction. As near as I can remember, there is a bank of tailings 15 ft. between his pump and the river. 55. The Chairman.] He put his pump directly into the river?— Yes, and now there is a bank of tailings 15 ft. between the pump and the river. 50. Is the mouth of the Komata Creek blocked up with silt/—lt is pretty bad. 57. Where do you think those tailings came from at the mouth of that creek : did any of them come down the Waihou?—l should think that a good deal came from the Komata mines. 58. Do you think any of them came down the Waihou? —They may have. 511. This would be slightly above where the drains go into the Waihou/ — Yes. 00. Do you know the time when the mouth of that creek was navigable enough to get barges and punts up it?—l have heard that you could once get a punt up there; but you could not do so now. 01. You know the Waihou River above the Junction?— Yes. 02. What have you got to show the Commission as regards your suggestions as to the Waihou River above the Junction/ —The Waihou River having been declared a sludge-channel, and not being used by the mines that J am aware of, 1 think it would be a wise thing to try and remove the Proclamation, to save any trouble that may arise in time to conic. 03. You know what has been referred to as slimes/- Yes. 64. Have you got any samples of slimes.'—Yes; they have just been taken from the bottom of the river. [Samples produced.] This is a sample that 1 took out of the river about 2 chains below the Railway Wharf at Paeroa. I do not call it slimes. 65. Did you take it out of the middle of the river? —No, below the water-line. I call it very finely powdered tailings. 66. Were there other similar deposits?— There was one, but I did not take the sample myself. 1 have nothing to say about it, because I did not take it myself. 07. Mr. Tunks.] You said something about the Waihou River being declared a sludge-channel and not being used as a sludge-channel, and that it should be closed as a sludge-channel: what pari do you refer to?—-From the Junction up to Te Aroha. OS. Do you suggest closing the Ohinemuri River up to Waihi ?— 1 should suggest that they do not put any more tailings in it. 00. Do the steamers not sometimes stop at your place on their way up? —The steamer stopped once about seventeen v lbs ago. 70. And never since / No. 71. lias there been any occasion for them to do 80?— Not that lam aware of. 72. You cannot say whether or not they could stop there/ —Certainly they could stop. 73. Was not there a big flood that was known as the " Old Man Flood " I Yes. about 1897. 74. Was your land under water then?— Yes. 75. for how long?— About live days, I should say. round the house, 70. What caused that Hood!—I suppose the water or the rainfall. 77. Had the silting of the river anything to do with that?—l consider it had. From the length of time it was on the ground I think it was partly due to the Waihou River being silted up. 78. Being silted up with mining tailings .'—Mining debris. 79. You say that all these floods have been entirely due to the Ohinemuri River backing up the Waihou River?—The tl Is over Netherton. SO. Take the 1897 flood: what exactly was that due lo! In my opinion, if the Junction had been cleared of debris it would not have taken one-half the time to get off. If the Junction is ,-hokod up it takes longer to get away. Hence the overflow some three miles up the river from Netherton. 81. This water came from the Waihou towards the back of you /—lt traverses from the Waihmt straight over Netherton. and joins the Thames or Waihou River at the creamery. 82. The Chairman.] I want to 1h- perfectly clear on that point : which flood are you referring lo' I am referring to the Hood three years ago. known as the "Old Man Flood." 83. Mr. Mueller.] The "Old Man Flood " was in 1897?— I know very little about that flood. St. You told us that in 1897 your house was surrounded for nine days, and in 1909 for five da vs. What about 1907?— I withdraw that.

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28

[S. J. LAUGHLIK.

85. The Chairman.] You stated that the water was around your house for about nine days/ for live days. 86. You are quite clear that was in 1007.'-—I was not living at Netherton at that time. 87. Mr. Tunks.] Do 1 understand that you do not remember anything at all about the ISO, flood? —1 cannot say that I do. SS. Were you not in occupation of your land then? —No, 1 was mining at the time. 89. Have you had any experience of cattle having been killed by eating this grass?—No, I cannot say that I had any cattle which died by eating it. 00. Have you any stock on your property now? —About twenty-seven. 91. Are you making butter still?— Yes, a little. 1 send it to Paeroa to the local storekeepers. 92. Does" very much silt come down the Komata Creek ?—Yes, it is nearly full of what 1 call tailings. 03. Can you say whether the tailings on your banks come from the Komata or the Ohinemuri River?—No, I could not. 94. It might just as well come from the Komata as from the Ohinemuri River?— Yes. 05. Then the closing of the Ohinemuri channel, if the Komata is left open, would not help vou?—l do not Buppose there would be so much coming down. 96. Mr. MeVeagh.] You got your land about 1894?— Yes. 97. How much land was taken up at Netherton about that lime/ It was all taken up round about where I live. 98. How many settlers were there, approximately?— Really 1 could not tell you without a little time to go into it. 99. You had no dairy factories here at that time? —No. 100. What were they'subsisting on then? —Cropping, making butter, and so forth. 101. Have you any'objection to say what you paid for your land then?—lt is a little bit private, but I have nothing to hide. It cost me about £3 per acre. 102. What do you estimate its value now/—The front portion is valued al £6 per acre, Government valuation ; the back part of the farm, £4 an acre. 103. Can you give the area at £M and the area at £6?— Forty-two acres at £6 an acre, and 105 acres at .£4. . 104. 1 suppose your land when you took it up was as good as any of the land in the immediate locality?— Yes. 105. Your land might be taken as a fair sample of Netherton land at that tune/—1 did not see much difference along the river. 100. I understood you to say that you were well acquainted with the Waihou River above the Junction ? —I have been on it. 107. Have you been on it frequently, aud, if so, when?—] think it is three months ago thai I was up there in a yacht. . . _ 108. How far did you go up the river then /—1 went up to where it overflowed into lNcthcrtoli. 109. How far is that up the river?—By land it might be about three miles from the Junction. It would be a little further from Netherton. 110. Did you go up as far as the Awaiti country, where the flax-mill is? —Yes. 111. You know that the source of the Waihou River is up in the Patetere Plains/ -Yes. 112. That is heavy siliceous country, and the river Hows through that class of country lor a considerable distance? —Yes. , , , , ~ ~ ... -, , ~ , 113. You have noticed the willow-trees growing mi both banks ol the Waihou from the June tion up to as far as you have been in the habit of going?— Yes. 114. Have you never been beyond the Awaiti .'- -A little bit. but not very far. 115. You found a very thick growth of willows on both banks of the river for that distance/ Yes, in places very thick. . 116. I think to such an extent that the willows almost meet m some places?—lhoy overhang the banks very much. .... , „ T j i i ~ ■ 117. The banks are low, and the left bank especially is a very low one/ -I do uot know that it is much lower than the other one. 118. Is not the average height of the bank throughout the distance you traversed from -Sit. to 4ft ?—I should say that the bank is about 4 ft. at ordinary high tide. 110. Is that the summer level or the winter level?—] have not taken that much notice. 1 noticed the banks to be about 4 ft. ~,.,,, , - , , T ii , 120 What difference would there lie in the height ol the bank at spring tides! 1 could not tell the height there, because I never measured it; but the tide rises about 4 It. opposite my own place—from 2 ft. 9 in. to 4 ft. ..... a •,, „ T v 121. Can you say whether there is any tidal influence at le Awaiti flax-mill .'—l could ' b 122. The effect of these willows must lie to impede the progress of the flood-waters?—] should say they do harm, certainly. _ . a ■ ' 123 Taking into consideration the willows, a flood in the Waihou, and tidal influence, is it not a very easy matter for the waters of the Waihou to overflow the left bank .'- I couldl not say. 124 Do you not know, as a matter of fact, that before tailings were put into the Ohinemur River the Waihou used to overflow that country on its left bank?-lt may have done so. but not ,o the extent it is doing now. At least. I never heard any one complaining about it. 125 Because, I suppose, there was not very much settlement .her,- then?-Yes, there hay been neoide living at Netherton for considerably over five years. 125 a Are you not aware that long before the Proclamation people have been in the habit of protecting themselves from the waters there?— No.

S. J. LAUOHLIN.]

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126. At the back of Netherton, 1 think, there is a lot of swamp country.'- 1 do not know what you call swamp country. It has a good day bottom. Ido not consider there is swamp land at the back of Netherton, or very little swamp. 127. Is there any swamp across the Te Awaiti country?—l cannot say much about that. 128. Is there not a big kahikatea swamp at the back of Netherton?—lf you refer to the land that has changed hands lately, that is good, hard, dry land. 129. Does not the kahikatea grow in swampy country?— Not always. 130. Is there not some marshy country at the back of Netherton?—ln some places there is peaty stuff on the top of the clay. I'll. Have you drains on your property/ — Yes. 132. How many?—The county has a large drain, and 1 have one or two little drains of my own. 133. What is the length of the county drain?— About 21 chains, and it is about 15ft. to 21 ft. wide. 134. The Chairman.] What is it on the water-level?— About 7 ft. 135. W : here does it start from?— From the Waihou River. 130. Where does it terminate? —The river side of the Netherton Main Road. . 137. Mr. MeVeagh.] What is the length and what are the dimensions of your two small drains?— One about 23 chains long, the other about 20 chains. One would probably be about 4 ft. deep, the other is a very shallow drain. 138. You have done a good deal of draining. Are the other settlers as industrious as you? —We have all done our work. 139. It must be very wet oountry? —I do not consider it is very wet. 140. The effect of the draining has been to consolidate your land and reduce its level I I cannot say. 141. Do you know that pumice comes down the Waihou?—l have heard about it, but I have not seen it. 142. Mr. Mueller.] In connection with the Komata Creek, are there not tailings in the Waihou up to the Junction? —Yes, on both sides of the river. 143. You said the Government valuation of your land is tO and £4 an acre. If I here had been no tailings in the river, would the value of the land be more or less than that?—Certainlx the value would have been more. 144. Has the Government reduced the valuation of the land since the proclamation of the sludge-channel ?—No. 145. Have they increased it? —No. 146. There has been no reduction due to the silt? —Not that I am aware of. 147. Is not the advance in the price of land in the district due to the dairy industry?— Yes. 148. If it had not been for the tailings the dairy industry would have increased the value of the land? —Yes. 149. What would be the result, in your opinion, if on the upper reaches of the Waihou re-duction-works were started and the material put into the river? —It would depend on the amount put into the river. 150. You suggest that before such works start the river should cease to be a sludge-channel/ —Yes. 151. As regards the swamp land supposed to be at the back of Netherton, could not cattle travel over that land in summer-time ?—Cattle could go over it now: 1 do not call il swamp land. 152. The Chairman.] Are there cattle on the land at the present time! Yes, here and there. 15:1. Mr. Mitchelson.] You have not told us the amount of silt on your land —you only referred to 2 acres along the bank of the river having silt on it : what was the damage done to the other parts?— That damage was not done by silt, but by the overflow of clear water. But the last flood had a lot of sediment in it—sediment from the mines. 154. You have reTerred to the block at the mouth of the Waihou : do you attribute the whole cause of the flood to that obstruction? —There has been a little island there as long as I remember. 155. Was that not caused by the willows? Do you not think the destruction of the willows would have some effect on the floods? —It would cause some improvement. 1 think the island at the Junction has grown considerably. It has a lot of tailings on it. 156. You admit that the overflow of clean water has done most damage on your land? —Yes. 157. We were told by a witness yesterday that the freshes causing an overflow of clean water do no damage?— They do a lot of damage. 168. The Chairman.] Iliver-flats are supposed to Ik- the most valuable land, are they not I Yes. 159. Does not a great portion of the water that comes on to your place come from the upper reaches of the Waihou ?—I know that the Waihou overflows from the Junction up, in flood-times. 160. You are a member of the River Board?— Yes: but, so far as I can see, it is only a River Hoard in name. 101. Mr. Moresby.] Prom the Junction right up to Te Aroha district there is only one farm to rate; the balance is Native land. There is only one-ninth part of the laml at Netherton that is rated .' —That may be so. 162. The Chairman.] You gave evidence at Wellington: Is there any of that evidence that you wish to alter in any way? —No. I have never changed my opinion as to the remedy. I would like to say thai 1 never heard that the river was to lie declared a sludge-channel: 1 received no notice from the Government or any one else. 103. Do you read the newspapers ?■- 1 was living at the Thames then. 164. Mr' Vickerman.] You would not got a personal notice: there would be an advertisement in the newspapers? —1 did not get the Paeroa papers.

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William Mooiil examined. (No. 10.) 1. Mr. Mueller.] Your name is William Moore, and you own I S3 acres of land/-Yes, Sections 1 and 5, Block XI, Waihou Survey District. 2. Your son Frank owns 210 acres. Block X. and another son. Waller, owns 11,., acres in the Rangiora Block?— Yes. 3 You speak on behalf of your sous? —"res. 4. You have all suffered loss?— Yes. very serious loss. 5. Is this a statement showing the particulars of your loss, amounting to £1 foj - -Yes, up to the present time tha, is mv loss. 1 settled at Netherton on the 25th June. 1879 The first Hood ,lit caused any damage was on the 15th January, 1907. On that occasion I lost the whole of my crops, also, — t ' <j 0 head of cattle, value. „. 1( ' ° ° 12 acres of oats for chaffing, average 3 tons per acre, 36 tons, , ... 144 U 0 at 14 per ton ... ••• 70 n n 12 acres meadow-hay, 24 tons, at £3 per ton ... ... <■« " IS3 acres, all laid down in rye-grass and clovers, totally destroyed, requiring ploughing and sowing down afresh, at £2 10s. per acre ... ~ '" boss on cream cheque, through having no feed for sixty cows tor five months ... ••■ ■•• ••■ V., (| () Loss on pigs through having no skim-milk ... •■• • Feed required for sixty cows for five months ... ■■•■_ ou Loss on first flood, 15th January. 1907 ... ... •■■ 1.057 10 j> Second flood, 4th September, 1909—loss by grass being killed ... 300 Third flood, 28th March. 1910—similar loss ... ... ■•• ____ Total ••• - '•' .£1,657 10 0 Previous to 1007 the farm was let at £100 per year; after 1907 I reduced the rent to £50 per „ ear • an d after the 1910 flood the farm was thrown up. [Exhibit No. B.j ?• &?SL oi flooding. N„ «W.i went on to your land. ° Wn 9. What has Frank had to do in connection with this land-He [or |iv( . yearB - ififi &.tf I-attSlJlSr « h r n ' 11 Mr. r«»V.] You have given us a statement of your losses. On which piece were the sixty cows?—On the 183 acres. 12. Was that the piece you leased to your son (— les. 13 When did you lease it to him?—ln 1902. 14. And he had it right up to 1907 ?-Right; up '■'-'■ , ? _ j, s al| „,, , ;llnc . 15 This is not a statement ol your loss: it is a statement ol ays 1 in the thing?-The farm belonged to me 17. But not the cattle?-! gave him some cattle -hen he s, arted ,„s 2JKJS KSLtttSM. 30f, wide, and deep "HS *£*£ bave pulled them out, I believe. They ought to widen " Were you a member of the local authority at the time of the Proclamation iM ''11 5 Were you not one of the advocates of the sludge-channel?-No. 22. Were you an opponenti—Yea. 11( .,„endioular banks, and 1 knew that when 23 why?—We had a beautiful clean river, with pel pemiicuia, the tailings came into it it would not be clean very long. •>| You knew what the effect would be?—l did. damage at that time. .„„., Twelve ooun,ls an acre, some was sold at. :V S5 ri^t\ttn d iu^ilo T lor It . might take less if 1 go, a buyer . ' i, has depreciated in value at the present time. 'ft S^taW%^" i S ta% say you have sustained in three years-the bulk " f have you 1 „ in the district *-***£» ;„ this district than the 32. During (hat thirty one wars have you eve. known a nooa i gg d| ■ - r 7 £ r^;:is;' sfis. 5 *- - '*" • '■

W. MOOBE. 1

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34. Have you many drains on your property?— Six or eight from the river to the road. When they were made they were about 5 ft. on top and from 3 ft. to I ft. deep. 35, Mr. Mueller.] Was the flood of last year nearly as big as the 1007 flood?—It was not so big, and did not do the same damage owing to coming in a different pari of the season. The 1907 flood came in January, when all the crops were ready to be housed. The settlers lost the whole of their crops. Chablbs Brunskim, examined. (No. II.) 1. Mr. Mueller.] Your name is Charles Brunskill, .you are a carrier, and you have been in this district about fifteen years?— Yes. 2. You have been daily associated with the livers and the steamers?— Yes; during that time, owing to the nature of my business, I was associated almost daily with the river, and with the steamers plying from Auckland to this place. 3. Fifteen years ago do you rcineinbei the steamers " Ngunguru " and " Paeroa " going right up to the Paeroa Wharf, in the centre of the town?— Yes, to the Wharf Wharf. 4. They discharged their cargo then- daily?— Yes. 5. Drawing what amount of water ?—The " Paeroa " was a small boat, but her draught was as much as that of the "Taniwha " and "Waimarie." She was the regular trader to Paeroa in those days. 6. At that time what was the depth of water at the Wharf Street Wharf?—ln those days the hanks were quite perpendicular. It was a beautiful running stream, and I should say that when the tide was up there was fully 10ft. of water. The tide rose then about sft. or Oft., and now, except at spring tide, its rise is scarcely perceptible. 7. What is the condition of the banks now/---1 remember when I and others used to bathe at the 6ld wharf. Tn one place I used to jump into about 10 ft. of water. Now there is a bank of silt about 20 ft. high about a chain out from where I used to bathe. 8. After the Government built the railway-bridge the steamers came to the wharf just below? —The Government erected a wharf for the accommodation of the steamship companies, and also an iron shed, but it was practically of no use after the first year or two. The boats could not gel ii],. 9. The Chairman.] What year was the Railway Wharf built, in?—l understand that it was erected in 1894. 10. Mr. Mueller.] Have you seen steamers trying to get up to the Railway Wharf and not succeeding?— They very soon found they could not get past Pereniki's Bend. They found it useless to try to get up to the Railway Wharf, and they fell back to the Junction Wharf. 11. The Northern Company then erected a shed at the Junction Wharf?— Yes, and in a few years they had to take it down again. 12. Did the vessels not run up to Paeroa even after there was little accommodation at the Junction Wharf: did they not land the passengers? — i had to meet the steamers at the Junction Wharf on the arrival of the steamers from Auckland, and T took the passengers off. The steamers then went up to the toji wharf, and discharged their cargo. On leaving, the steamers had to leave an hour before. To save the long passage round, I drove the passengers down to the Junction. 13. You have seen the boats trying to get up to the Railway Wharf? —Yes. 14. Have you seen them obliged to discharge some of their stuff there?— Between the Puke and the Junction—that was a year afterwards. • 15. For a number of years the Junction Wharf was used?— Yes, for four or five years. 10. The Chairman.] Can you give us the last year or date when the Junction Wharf was used? —It is fully ten years since I started running at the Puke Wharf. That would be when they gave up the Junction Wharf. 17. Mr. Mueller.] After they had been running to the Junction Wharf for a lime the river began to shallow just below the Junction? —Yes ; below Mr. Kenny's house they had to discharge > argo. 18. The Chairman.] Do you alter your previous evidence, and make it eight years instead of ten? —I was under the impression that it was fully-ten years, but if you have documentary evidence to the contrary I cannot dispute it. 19. Mr. Mueller.] As to this place where they used to stick below the Junction: you have been there very often?— Frequently. 20. You know what is called the Island?— Yes, at the mouth of the Waihou River. 21. Was it at that Island or below the Island?—lust near the mouth of the Hape Creek. 22. You have been intimately connected with this river for sixteen years: have you noticed whether the silting-up has been quicker of recent years?—Oh, yes! That is very easily accounted for. About fifteen years ago there were plainly to be seen right along the Ohinemuri lliver large depressions or holes, some of them 20 ft. deep, in the river-bed and in the sides of the river. For six or seven years the silt went on filling up those holes; and the silt on the banks of the river was not very much in evidence until all the depressions were filled. It took an enormous amount of tailings t>, till them. The same thing is practically happening to the Waihou River. 23. You think that would be the result as regards the Waihou? —I think that in a few years the holes in the Waihou River will lie filled up, and the banks will then begin closing. 24. The Chairman.] That is, the Lower Waihou? —Yes, Mow the Junction. 25. Mr. Tanks.] I understand you to say that the rise of the tide at Paeroa is imperceptible? —It is very insignificant to what it was fifteen years ago. 20. Was there a charge at the Railway Wharf?— Yes, but I did not understand that that was the reason why the steamers did not go there. The carters had not to pay any charge : the Northern Company or some other company must have paid it.

32

[C. BRUNBKILL.

('.- 11.

27. The pei son employing you had to pay the charge/ The company may have put it on to then- charges of cartage from Auckland. 28. You do not know that it exists at the present time?— No. 29. Are you carting still/—Yes. 30. Do ii,,, the willow-trees form a stoppage to the sill /—Yes. 31. Do you suggest any remedy for the trouble/—You want me to find a remedy and still allow the silt' to go into the river—without revoking the Proclamation. 32. Do you suggest that the Proclamation should lx- revoked/ -1 should not like to say that. 3.-',. You bay,- not gone into that? —No. 34. Suppose you (dosed the Ohinemuri as a sludge-channel to-morrow, have you considered whether it would make any difference lo the flooding of the country?—lt would not make the floods any greater than they have been recently. 35 So that the closing of the river as a sludge-channel would not do any good? —Yes, it would. Supposing the amount of silt now in the river were put into the river between here and the Junction Wharf there would Ik- very little opening left; it would (ill the river-lied from bank to bank. 30 Do you suggest that the slimes now going into the river are causing any silting-up?—l have heard a good deal as to the difference between slimes and silt. Ido not think there is any difference between the two. Close to the Criterion Bote! Thee is a large deposit of fine silt. 37, Have you examined it?— Yes, this morning; and I thought it could not be liner than it is. T. M. Robinson examined. (No. 12.) 1 Mr. Mueller.] Your name is T. M. Robinson, and you own 234 acres of freehold land on tl„. bank of the Waihou River, at Netherton—Komata North No. l.\ No. 4?— Yes. 2 How much of that is subject to floods/—I might say that when I went to the place first, ten years ago, it was Blightly flooded—the front portion. At low water, if there was a flood, it did not interfere with me to any extent. The last flood flooded some 40 to 50 acres. 3 Was that area affected by tailings?— Yes, the whole lot of it. From a chain to two or three chains back the deposit was 3 in. or 4 in. deep, and at 7 chains back it is too bad for the vegetation. |, is there now The water stayed on the land for two days. It came and went with the tides 4. In the 1007 flood did it stay on your land for a considerable time?—lt was there about 5 You had a falling-off in your milk cheque: was that caused by the loss of feed?— Yes. 6 You noticed the grass being covered with a sticky slimy white stuff?— Yes. 1. Have you noticed whether that is hard to wash off/—I think you have to wait for a young gr ° B.How many cows were you milking last January and February'—About fifty-five or fifty- ' '(,' And after the March flood of this year your milk cheque dropped considerably?— Yes. 10 \nd after the 1907 flood there was even a further drop?— Yes. IK Do you know the river as regards navigation ?—Since the creamery started I have been on the river one.- a day at all times of the tide. 12 You g,, from your place to the Netherton creamery in a launch with your milk !— 13. How far is that, roughly, by river?— About three miles and a half. 14 What does your launch draw, loaded with milk?— Two feet 15 Can you state whether the navigation of the river has altered in the last two years /-Yes very much. Formerly 1 used never to -shallow." but that happens now. that has happened for the last two or three seasons. I am speaking of low water. lb. D„ you consider that the river has shallowed during the last two or three seasons from your place to the creamery?— Yes. 17. You really do not know anything about shmes?—No. is. Mr. MeVeagh.] You are a member of the Silting Association ?—Yes, I think 1 was the hrst "'"' of Ihe Waihou, is there any draining going on up there/-I have no personal ''""lo' Was that considered at the meeting of the Silting Association ?-No doubt the whole thing WM X any attempt made to discover how much of the floods was due to the denudation of the country?—As far as I can remember, the association laid no weight on that. _ 22. What weight did they attach to the natural detritus earned down by the rivers/- Acm httl< '->3 l ' l Tlad you or any other member of the association any information as to the quantity of natural dibril that is carried down by riversJ-It all depends on the nature of the country the iv , flows Lough. The Silting Committee is of opinion thai had no silting been going on further ' „ if the water in the river had not. been affected by artificial means, there would be practically down, or it would have been so minute as not to be noticeable tor very many yeftrS 24 Vo„ know that the Ohinemuri River is of a torrential character?— Yes. 25 There is consequently a great deal of friction in its descent?--Ye S :,n the Karangahake Gorge, where the river has bin cutting its way through for thousands of years, the debris has been association consider the question of the placing of railway dtbris in the river? -I am aware there was a lot of stuff throw, out in the making of the tunnel. There might have been some cuttings, but T do not think a great deal came down. 27. Where has it gone to?— There are boulders 111 the rtver.

T. M. ROBINSON.]

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28. Where have the embankments gone to? No doubt a little has come down the river and settled ill the water. 29. You have formed no estimate of the quantity of stuff put into the river from that source.' No. 30. If it had not been for the tailings on pari of your land, and the water flooding your land and depositing slimes on the grass, you would have been able to ( rv ,\ and milk more cattle/ Mosi decidedly. 31. How many more do you think: twice as many as you are milking now / Yes. I have got rid of about thirt\ cows, but not till milking-cows. 32. The Chairman.] How many did you milk this morning/ -We are finishing off; we ought to have milked into the winter. 33. Mr. Moresby.] Your boat runs up and down to the creamery? -Yes. 34. Is there any spit or bank running off at the Waimarie Rend/ Yes. 35. What is its extent?— More than half a chain. It is a chain from the old original bank. 30. The Chairman.] What is the width of the spit?— About 50 yards. 37. Mr. Moresby.] When did you first notice that spit? —About two years ago ihe lower part of it. 38. Has it got worse in the last two years)— Very much. It is caused by the silt. 39. You know the wharf now owned by Mr. Walter Moore? —Yes. 40. What depth of water was tic-re at I hat wharf at low tide when Mr. Charlton kept the "Lulu" there?—l never measured it. but you could get in there at low tide. 41. Can you get in at low tide now?— No. There is no water there al low tide. There is no water around the timber-wharf It is now dry for about 9ft. from the wharf. 42. Do you know a place called Thomas's/ Have you had any difficulty in getting past there/ Yes, the river shallows a great deal opposite Thomas's, pretty well half-way down to the creamery. -13. Has that place got worse in recent years?— Yes. 44. Do you consider that the river has shallowed up in recent years?— Yes, both sides. 15. Right across?— Yes; but I cannot say to what extent. 10. Does that place cause you any difficulty at the present time.' We have to slow down, and then you can feel her touching the ground. 47. Have you tried to find a better channel?— Yes. 48. Three or four years ago, did you bump there?- No. 49. Has the river shallowed up below that—before you get to the creamery?— Yes, opposite Moore's residence, and we have a difficulty in getting over there. 50. You do not know whether it is the increase of the river-sands or mining debris? —Xo, I cannot tell you—not in the bed of the river. 51. Have you tested the bed of the river at all?— Yes, I got a young fellow to go down opposite Moore's, and he got some tailings and sand. 52. What did he take it up in?—He scooped it up. 53. The Chairman.] What was the size of the sand?—The size of bricklayers' sand. Rut 1 went to the same place and did not get so much sand the last lime. I would not say that would be found there. We have tried again, and there was tailings there. 54. Mr. Moresby.] Save you had experience of mining?— Yes, for twenty-two years. 55. Do you know tailings? -I have broken quartz iq, through the stampers, got the amalgam, squeezed it, retorted it, and put the money into my pocket. 56. Do you know that portion of the river from your place up to Te Puke Wharf? —1 have been up and down there a great deal. 57. In your opinion, is that portion of the river improving, or is it the other way?—l think it is falling in. I believe the tailings are accumulating on both banks the whole way up. 58. What about the bed of the river—is that shallowing up at all, in your opinion)—l do not go up there very often, but the last time T went up I could see it was shallowing just above Mr. Wight's. 50. Mr. Wight has told us that his caul,- can walk across that placet—At low tides 1 have seen cattle drinking in the river. 60. How far out into the river? —About half a cbafn from Ihe bank. In my opinion thai part of the river by Mr. Wight's is shallowing up. 01. Do you know that portion of the river below Te Puke ferry? Is that portion of the river shallowing up?—l cannot say it is. 62. What is your opinion of the river from Puke right down to the creamery —is it your experience that the river is shallowing up or otherwise ? -I believe it is shallowing up. 63. Has the shallowing increased in the last two years? I believe it has. 64. The Chairman.] Has the river got narrower in the same period? Yes. 1 believe it gels narrower. lam satisfied the river has not got the carrying-capacity it used to have. 05. What becomes of the water?—ln times of Hood it runs over the land. 66. If the river is narrower, must it not 1m- deeper to get the same volume through?—l cannot account for it, but T hive noticed the shallowing-up in the way 1 have described. 07. Mr. Moresby.] When you first went to your farm, what was the nature of the banks— hard or soft?— Soft,' 68. What is the nature of the banks at the present time?—l would not say they were hard, but if they were left for a day the\ would be hard. I remember when the tailings were much coarser they were thoroughly solid : but now they are more " puggy." 69. Are they any firmer than when you' first went there?— Yes, the tailings are firmer than the mud. 70. Ts the bottom of the river any harder or softer?—T do not know.

5-C. 14.

T. M. ROMNSON.

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71 Have you pulled a barge on the river?—l have pulled a boat where there was, roughly speaking Bft of water in some places, and now cows can walk out and drink there. In the summer-time I believe there was Bft. of water once, and 1 do not believe there is any water at all there flow in the summer-time. 72. .17/-. Tunks.] Is there any depth of water at the bend?— There is a fair depth ol watei going round the bend. 73. Is not that bend a very sharp bend?— Yes. . 74. You only made one attempt to find out what the bottom of the river was like?— Unit " 8 75 We shall produce evidence to show conclusively that there are practically no tailings at all there. Have you not found the channel alter during the ten years?— Yes, but not at my place. _ 76 The river has varied from side to side in some places/—U-s. 77' Do you say that the variation in the shallows of the river is greater than 1. used to be. -Within the last two or three years I have not been able to get down without dragging the bottom —that is, at low tide. .„«,.,„ 1 rm 1 ~ . ,1.,,, half 78. Mr. Clendon.] The "Waimarie" and ■Taniwha cine up at a little better than halttide?—Yes. 79. Drawing what / Six feet, 1 suppose. 1.11 80. Have you ever seen them ground il, the neighbourhood ot your placet—l have seen behind them a darkening of tin- water as wide as this room. SI. The Chairman.] What colour was the water?- It was more like the disturbing ot sand. 82 She did not stick, did she?—l have not seen her. 83 Mr Clendon | How did your creamery cheque for 1000 compare with your cheque for 1910?— My creamery cheque fell very considerably in consequence ol Ihe flood. Si You say you went there about ten years ago? -Yes. 85. What did vo„ pay for y,,ur property?— About £4 an acre. SO. What was'the Government valuation last year/ £2.000 on the -132 acres. 87 That is about £8 an acre? —Yes. „,..•„ T , .1 ■,-. • S,V. Your land, 1 think, is for the most part low-lying flat land ? -No ; I do not think it IS any more so than the others'. 89 Rut it is flat land on the river-bank? —Yea. 90! You told us that you had seen cattle drinking near Wight 8 place at low water: when was that?—l believe I have seen them this season. 01 You say your property was under water for five days?— For tour or live days. qV Were all' the properties in the vicinity under water for five days too?-I suppose they NV, ''...-i. During last summer, I think you milked, more cattle than you had milked before ?-No : you found over your grass afte, .1, five days' flood-did you test it in Bn , way see whether i, was harmful?-, believe that woohl be a matter or an expor . I know mc cow's will not ~1. it. I do no, think it is a fair thing tor me to allow then, to eat it, and then affects the cattle injuriously?-',',,,, cattle do no, ,00k as WCU flame polish on their coats /-No, and it is not on their ribs either. 9?" Mr MueUer 1 You have spoken a lot about the shallowing that has taken place in the so far as , can see?-It consists of ground ore"as caused the narrowing or shallowing of the ,:„. ..-1.., + would you sav?—l should say tailings. ..... 1 11 100 You remember after the last flood there was some deposit of tailings on your land/ Y " S ' 10, Did you show tha, t„ the County Engine**?- Yes: he took some samples for 4 chains acre can you glre US any idea as to what you consider the value 0 that land would be if there ;;/;,.'„„ tailings in the river at alii—l would not take £10 per acre for it.

Paeroa, Wednesday, 25th May, 1910. Alfred Teti.ey examined. (No. 13.) 1. Mr. Mueller.] Your name is Alfred Tetley, and you are a draper carrying on business al Paeroa?- Yes. T„.i;,-e,.tlr i farmer —representing my mother. [, is between the railway-line and Bertelsen's. 1 It is agricultural land? —Yes. .",. You have no frontage actually to the river?—No C. Your land is subject to floods?— Yes. rWvsit of silt?— Pretty well three 7. How much of that 200 acres is actually affected by the deposit ot . quarters, more or less.

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A. TETLEY.]

8. Varying in depth to what extent/ —From a thin deposit up to 2ft. 9. The Chairman.] Where is the 2 ft./—About 5 or 10 chains from the river. 10. Mr. Mueller.] What effect has this on the grass.' It destroys the grass. 11. Did you notice the deposit that has been referred to as slimes?— Yes, latterly. 12. Since when / —About six months ago, more particularly since ihe last big flood about two months ago. 13. And docs that deposit adhere very closely to the grass/ —It does. 14. Is it difficult to remove/ —Yes; it takes a considerable amount of rain to remove it. 15. Do you find that the cattle will not cat that stuff if they can help il i -Unless they are compelled to do 80. 10. Have you had some of your cattle that were compelled to eat this stuff?— Yes. 17. What effect did it have upon their condition/ —It did not improve them. 18. Did it have the opposite effect?— Yes. 10. Did you tr\ to plough in some of this stuff on your land/ —Not exactly on ours, but I have observed Ihe man next door, Mr. Lowrie, who has a lease from Cassrels, do it. That land is directly on the river-bank —Pukateawainui No. 1, I think. 20. What thickness was this deposit that he ploughed in/ From 3 in. to bin., that was deposited by the 1007 Hood, and he has been cropping the ground ever since, and it has an effect on the crops. 21. 'J hi Chairman.] What are the effects?—ln 1008 he put in oats where the silt had been ploughed in—very little matured 0 in. or 8 in. At the other end of the paddock, where there was no silt, there was a heavy crop. I noticed it more particularly the following season. Maize was sown, and they matured 2 ft. where the silt was mixed with the soil, and they attained a height of from Bft. to Oft. where there was no silt. It was the same crop. 22. Do you mean to tell me that there was some portion of Pukateawainui where there was no silt? —Yes: the water did not flow along the bank all the way. and part of this block was not covered with silt. 23. How it is that yours was covered with silt up to 2 ft. ?—lt was carried in in the outfall drain. 24. .17/. Mueller.] How loqg have you been in that part?— About thirty years. 25. And you have known this Pukateawainui Block practically the whole time/ —Yes. 20. Have you seen good crops taken off the part of the block where I he silt has now Ijeet, ploughed in?— Yes, it is the best of the laml. It was not the quality of the land that caused the failure of the crops 27. Does the big outfall drain go through part of your land?— Yes, ihe boundary between Berteken's and our place. 28. And it flows into the Ohinemuri /-Yes, and out of it too when there is a flood. 29. Has that drain become silted up/—1 would not say it has been silted up with silt, because the bulk of the water flowing in and out choked it : but the side drains flowing into the main outlet drains are choked up. 30. Have you had to clean your drain out from time to time? —Not lately —the place has been leased : but they should have lieen. 31. Opposite your land you have been constantly on the river during the last thirty years/ —Yes. 32. What can you say about the navigation of the river in your experience?—l say it has silted up from the Junction to Paeroa. It is almost impossible to get a small boat up; in fact, 1 have given up trying to get to Paeroa in the launch. I live about two miles below Paeroa. 33. What does your launch draw?— Two feet. 31. And in thai river the steamers from Auckland used to regularly come Up? —Yes. 35. Where you cannot bring your launch now? —Yes. 36. You consider that your property has depreciated ill value/ —Considerably. 37. Could you state how many head of stock you think that place would carry under natural conditions?—lt has had from 100 lo 150 head on it at different times, and in good condition — stock reared on the place and living there. .'IS. The Chairman.] For more than six mouths at a fime ?—1 could not exactly say, as I was not in charge of them. •'Sit. What is the carrying-capacity ot that land? —It is practically nil. We had a sale of cattle there —about thirty-five— a few weeks ago. We did not think they would winter. There are eleven left —as many as could live there. 40. Before the flood or afterwards?— Just after the last big flood. 1 have now from eleven to thirteen cattle. 41. You do not know how they are going to pull through the winter/—1 am not certain. 42. .1//-. Mueller.] The land at present could not carry any more?—No, I do not think so. It is directly after the floods when the grass is destroyed. In a few weeks' time it picks up, To enable them to live in the meantime is the difficulty. 43. Does the grass gel back into its old condition, or do you notice any difference in the grass? No, I have not taken any particular no,ice. I do not notice any difference, but it is destroyed in the meantime. 44. You are not in a position to put into figures the loss you or your mother have suffered / No. 45. Mr. MeVeagh.] How far from your property is the railway-line/—lt is further off from one place than another. One end touches. Where the road crosses the railway is our back boundary. 46. That part of the line was swept away in the flood of 1910—the ballast was swept across the country?—Yes.

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•17. You got a great deal of that ballast/—We got some, 1 suppose. \X. Will you give us some particulars of how you have been cultivating your property during the last three'years. Whal cropping did you do in 11107 after that II I? The place was leased, and wo did no'cropping. Personally I did no cropping. 49. How long has it been leased? —Three years and a half. 50. Just after the flood?— Yes, in 1907. 51. Have you provisions in your lease requiring the tenant to do any particular amount ol cropping?—The cropping is left entirelj at the discretion of the man who has the place. 52. Do you know when any fertilizer was last used on thai land/ I could not give you the date. . i.„w. ■ 53. Was it between one and ten years/ -Yes. I believe some was put on in 1900 in one particular place. 54. T/ie Chairman.] Which particular place?— Not where the Hoods were. It is a piece adjoining the road. 55. Is there much raised ground there/ - About 30 or 10 acres. 56. How long before was any fertilizer put upon any of the rest of Ihe land/ -There was none put on the rest of the land. 57. Mr. Mueller.] That part of the railway-line which was washed away -what was the ballasi coin],used of?— Coarse pumice sand. 58. And broken metal? —No. 59. The Chairman,] Is there any pumice sand on the line now/—lt is being reballasted with pumice sand. Richard Wellington Baonall examined. (No. 14.) 1. Mr. Mueller.] Your name is ilichard Wellington Bagnall, and you reside at Turua/—Yes. 2. You are a director of Bagnall Bros. (Limited)?— Yes. 3. And you arc Chairman of the Thames County Council? -Yes. I About 2,000 acres of land belonging to the firm is situated next lo the Netherton district, in the Ohinemuri County/--Yes; Kahikaputa is nearest to Netherton. There are several blocks. 5. Were these 2,000 acres Hooded by ihe water coming across from the Netherton district I Yes, swept right across. 0. Mr. Mitchelson.] Over the whole area/---Yes, down as far as Manuka. 7. Mr. Mueller.] When did that happen?—On the 15th January, 1907. 8. And subsequently? —We have not been flooded since that. 9. Did this flood deprive you of a good deal of feed for your stock I Yes : the cattle had to be taken off that land. 10. There is a creamery down there? —Yes. 11. You had a number of cattle that you milked for that creamery/ -They were not grazing on the portion that was flooded. 12 But there was stock on it?— Yes, and they had to be removed. 13. How long did it take for the water to recede during that flood?— Fully three weeks. 14. In addition to the loss of the feed, was your communication cut off ?—Entirely ; the road was flooded as well as the land. _ 15. Did you notice a white deposit of slimes on the vegetation ?—t v >uite perceptible in places. 10. What does that indicate, in your opinion?—lt had the same appearance' as the slimes from the mines. It was a fine powder, like whitewash. 17 Did that adhere to the grass/—Yes. or to any vegetation it came m contact with. 18.' Did you notice whether it washed off easily/- -1 did not try il, but it was visible for some time, even after the rain. _ • 19. I suppose you have some drains going into the river from your laml/- \es, a large number. , . 20 You had to clear those drains out?— They have to be cleared out every year. 21 Did you notice whether they are worse after a flood/- No, I could not say they are worse after a flood " but the deposit taken' out of those drains is quite soft ooze: and m the drains in that district gold-bearing substance has been found v I believe—in one place three-quarters ol a mile from the river. , . . 22. The Chairman.] How do you know/--That was told me by some one who examined them -that is, on the other side of the river. 23 Mr Mueller.] Did you have a stop-bank erected to try and prevent flooding/ We erected B stop-bank along our western boundary to prevent water coming over from the Netherton ' ' "il'. How much was expended on that work?— Over £200 was expended in making that bank. 25 When was that erected? —After the .January flood, 1907. 26. Mr. Mitchelson.] What height was it?— Over 2 ft. 27. Mr. Mueller.] Have you noticed the effect of that?—The land has not been flooded since, but whether it will be effective I could not saj . 28. The Chairman.] What length of fence?—l cuhl not exactly say. Roughly, between two 29. Mr. Mitchelson.] That prevented the water overflowing from the 1910 flood?—The flood h as not conic over us since then. . 30 It did not come over the riverside?—We arc never flooded from the river. 31. The Chairman.] Have you seen any milling ladings at different points m the river? What 1 believe to be mining tailings.

U. \V. BAGNALL.

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32 Mr. Mitchelson,] How far down?— Right down below the steamer-wharf al Turua 33. There IS a large area of land, is there not, both on the eastern and the western side of the Waihou practically all in occupation/ Yes; the low-lying land on the eastern side of the river would be anything from 20.000 to 30,000 acres. ,-„ ~ the western side from 1.1 000 ~, I 0,000 acres. 34. And was Ihe Thames County endeavouring to drain that land too?-,Kither into the Waihou or the tributaries ot the Waihou. 35. You have resided in that district for a very considerable time?— Over thirty years 30. So that you know that pari of the river pretty well/- Very well, indeed ' ' 37. From your thirty years' experience, can you state whether the navigation of the river has been affected during that tune-has it become better or worse?-Speaking of the nor,l - tion, 1 could not say that the low-water level is higher than it was al that time, because banks have formed at different places, and the banks have become larger. 38. Has the carrying-capacity of the river remained the same/ The width of the river is practically the same, but the banks must reduce the carrying-capacity. 39. The Chairman.] Below ihe Ohinemuri County boundary you are of opinion that the width ol the river is not changed/ Ido not think SO—not the actual width of the river The shoals are extending further. 40. Mr. Mitchelson.] What do the shoals consist of? Sand and slimes and various deposits 11. Which predominates, the sand or the slime?—l could not say. 42. You know the bank where the boats take sand up to Auckland?— Yes. 43. Has that bank enlarged?— Yes. 44. Sand, silt, or both?— Very largely silt, I think. 45. The Chairman.] Have you Landed there yourself I— No. 46 What you have said is not from personal observation, but from hearsay? I have not landed there. 47. During what period have you noticed Ibis deposit of what you call slimes down the river Iron, your place/ Since the heavy flood of 1907. 48. Can you state that since that flood you have noticed deposits of a different nature to |he deposits there previously?— Yes. 19. You can show us close lo Turua slime-deposits/ -I would not like to say it, because al low water I could not even say they are slimes, but what appear to be slimes, "it is a different kind of material from what it used to be. 50. You know the river right up to Paeroa?—Yes. 51. Can you state whether the shallowing of the river has increased during the last few years? —I can state that the river has narrowed during that time. 52. Mr. Mitchelson.] What part of the river?—l should say from the lower Rangiora right up 53. Mr. Cotter.] You are Chairman of the Thames County' Council. Have you or any of your officers made an examination of the mouth of the river?— No. 54. The Chairman.] You are not a River Board?—No, Ihe Thames Harbour Hoard are a River Board for live miles from the mouth of the river, to just a little above Ihe Turua Wharf. 55. Have you acted as a River Hoard in any way?—No; between Hikutaia and Port of Thames there is really no River Board. 56. Mr. Cotter.] Have you considered at all the question of the alleviation of this trouble? Yes, it has been considered. 57. In what way do you consider that the trouble might be either minimized or altogether pi evented in the future? —I am not an expert in that matter. •",8. Occupying the representative position that you have done here for thirty years, I was only trying to see whether we could get some information Iron, you, having all this knowledge: but if you would rather not express an opinion 1 will not press you / I would rather not. because Ido not feel competent to give an opinion. Keeping the stuff out of the river would prevent it. 59. Hut oitlside of that you would not like to express an opinion?—No, I would not. 60. Mr. Tunks.] I think you said the water remained on your land in 1907 for about three weeks/ -Yes. 1 think about three weeks. 01. That was clean water—ordinary flood-water ?—Yes. 02. That had nothing to do with the silting-up of 'the Ohinemuri / —I cannot tell you win the water came, but from its inability to get out of the Ohinemuri. 03. Or the Waihou?—Yes, one of the two. 64. You do not suggest that it was due to silting-up of the Ohinemuri? —The Ohinemuri or the Waihou. 65. In that flood, so far as your land was concerned, there was no evidence of mining tailings/ — Except the white deposit : whether that was mining tailings I could not say. 66. You say that you got that at the back of your place in 1907?— Yes. 07. You do get floods in the- Waihou from time to time?—We have not been flooded. 68. Never before 1907?—N0. 69. And not since?— No. 70. Prior to the flood of 1907 have you ever experienced any flood?—We have not experienced any flood. 71. Never before? —No. 72. Do I understand that the 1907 Hood was the only time your land has ever lieen flooded?— By extraneous water apparently coming from the Waihou River. 73. You know something about the flood of 1907: was it not a fact that the water in the Ohinemuri itself remained there for a comparatively short time? —I do not know how long.

|k. w. bagnall.

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74 The Chairman.] In 1907 were you up the river?—l was at Turua. 75 You did not come up the river or study the question ! -No, 1 could not get up. 70 How long was il before the river got down to its normal level >.- -Probably two weeks. 77 Ihe fad of the water remaining three weeks on your place was not due to the flood in the Ohinemuri or Waihou/-It took three weeks for the water to get off the land which had come on ,„ it in that Hood We had to clean the drains out in order to clear the water. lam speaking from memory when I say three weeks. It may not have been as long as three weeks It was three or four days after the flood in the Ohinemuri that the water came across the Netherton district on to our land. My son look some photographs of the main road at the tune which would show you the condition of that road at the time. 7,s' Could you post them to us. marking on them what they are?— Yes. 70 .Mr Clendon.] At the back of you are the Awaiti and Piako Streams/ Yes. 80 \re you not awaie that as a result of this flood in January both those streams were a perfect sea of'water for three or four weeks-miles in width/-Yes, I believe they were. 81 \re you not aware that there is a distinct fall to your river from both the Piako and Te Vwaiti Streams as a result of a survey recently made in the Piako/ I do not know from my own knowledge. I may say that at Kerepehi the land is much higher 82 In 1907 was there a road or track from Turua to Kerepehi I—There was a tram-line. S3. Was it possible to walk along that tram-line dry-footed, even though your place was under water/—No. I do not think so. 84. It was a distance of four miles/--Yes. ~.,.-, T 85. Was not the flood just as bad on the Hikutaia side ot the Waihou in 190, / -I was not You know the cuntv sustained a considerable amount of damage by the flood of 1907 washing away bridges, &c. ?-l do not remember any-not this side of the Kauaerangi River. There were slips on the Co,-,,,,,an,1ei Road. Ido not recollect bridges being carried away 87 As an old reside,,., are you not aware that the fl lof January, L 907, was the biggest Hood there has been for. say. forty years/ I, is the biggest I remember, because we were never ''"'"'si' Willi' regard to the indications of tailings that you saw down the river, did you make any personal examination of them?—No, the County Council has some samples. ' 89. Mr. Mitchelson.] That evidence will be produced at the I halites.- tes. 90. Mr. Clendon.] You have taken no soundings of the river/—No. 91 Do big timber-vessels get right up to your place!—\es. 92 Just as readily as they did in former vears?—So far as I know 93 Mr llauna.] What effect has a heavy north-west gale upon the tide up as far as turua :it brines it up with great force, does it not?— Yes. it backs the tide up. 7,.,. 1)' you know thai when the tide ernes up like that it IS very much discoloured/-It is ""' it not bring up a 10, of material from the foreshore of the Thames Harbour/- 1 could not say It Comes past the Thames, but whether it brings it off the foreshore I could not say 96 y ' Doc-si," bring it from the gulf or the Moanataiari tip.' 1 could not say: 1 an, no, an anal 97.' You know there are large quantities of stuff deposited from the Moanataiari tip, ,vc I Y T,;, [8 it aa tural to suppose that it should bring it /-I do QOt see why it should. The Moanai: rflm;; ii :;!p;::,;;i;g i H;;, ii ;;,; , ' ,: ' t s'westward out int. ** ■«*«. does ...*... tide br„,g,, *% with itf- The tide sweeps along the foreshore, and then it comes across a shallow bank. Ihe , ,ye, cos more in a westerly direction there. . , 100 D,' you have deposits of that material at Opani Point?-! do not know what material " Still, it brings in material from the Moanataiari tip and the Thames foreshore up as t-,,- is Oiiani Point I— , would not like to say that. '" '?.S I. Mmllei. 1 How far ,s the tip from Opani Point /-Three or four miks ,l suppose. 103 You remember the 1907 flood that has been mentioned, and the flood of last Maul, .do you knowlhetS Te .9,0 flood-whether during that flood the Waihou was v, heavy flood or was only the Ohinemuri in heavy flood /-Only the Ohinemuri. He-u-sav 1 was not ' 104 The Chairman.] Was it hearsay only as far as you are concerned I - llcais.n . I was not "" l H ) s Vl t':'V^r.rlbmO i ;;::'baek of Netherton is there no, a fairly defined ridge running right down to Kerepehi/—That may be. so. 106 The Chairman.] At what part of Nether,,,,, does the ridge Commence and e„d!-liom the Netherton School I think about a'mile and a half or two miles before the r.dge commences. 107. You know that land personally /—Yes. 108 You know the land right across to the Awaiti I—Yes. 109 Mr Clendon.] You told us that this land of yours was submerged for about three weeks, and after the water went away v„u noticed white scum on the vegetation?— Yes. |,0. Is it not a fact that the longer the water remains the i o apparent is the remaining material on the vegetation?— Yes. . . , ,|, Is i, no. reasonable to suppose tha. after a .1 1 of three weeks remaining on .1,,- land you might expect to notice scum remaining on the vegetation ?—\ cry likely

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Thomas Nki'Kax Kdwaiui Kkx.w examined. (No. 15.) 1. Mr. Mueller.] Your name is Thomas Nepean Edward Kenny, and you are an authorized surveyor residing at Paeroa? —I am. 2. You were for many years County Clerk and Engineer of the Ohinemuri County Council' —Yes. -'!. You gave evidence before the Mines Committee at Wellington ill 1907 in connection with this same question?— Yes. 4. The evidence which you then gave you now practically confirm?— Yes. 5. Yon made a statement al page 19, question 151, with reference to the depth of soundings taken by you below the Railway Wharf al Paeroa. Since you gave that evidence you took sound nigs about a month ago?—No; opposite (build's. I came up in a launch and I stuck there. 0. Can you say what the depth of water there was within the last month : was it less than 2 ft. ? Yes: that is, the ordinary depth of water when there is no flood and dead low tide. There was no flood on at all. I believe it was dead low water. 7. The Chairman.] Your evidence is that practically since you gave evidence three years ago (here is now less depth of water?— There is very little depth of water. 1 was coming' up in a launch, and we stuck there. You will notice my evidence before the Committee. I went afterwards to see the place, and I found 2 ft. of water. 8. You did not reduce your soundings to any data .' No, I did not go there for the purpose of sounding. 9. .Mr. Muelli /. | In your evidence before the Committee, at page 21. you mention the shallow place at the mouth of the Ohinemuri and the Waihou. and at ihe bottom of the same page you refer to a bank at the mouth of the Ohinemuri. That bank is not actually at the mouth of the Ohinemuri?—No. it is lower down. It runs from the flap,- Creek. It runs down there. 10. Therefore when it is stated that it is at the mouth of the Ohinemuri and Waihou it means a little below the Junction?— Yes. 11. At the top of page 22 you refer to getting some silt about three-quarters of a mile above the junction of the two rivers. In what river was it that you got that silt? —In the Upper Waihou, above the Junction. 12. Mr. Vickerman.] Upon the west or east bank of the river?—On the left or west bank. 13. In your evidence before the Committee you also say, at page 24, question No. 45—you were asked. "Was not that January flood the biggest Hood you ever saw?'' and you replied, 'That is a very difficult question lo answer. Personally I do not think it was. I think a flood in about 1880 was higher. Barring that, this was the biggest flood." Do you want to explain that in any way/ -What I meant was that in 1886 there was more water came down than came*down in January, but the January Hood I think actually came up higher. 14. The Chairman,] Do you mean that the licds have shallowed and narrowed, and that there is less cross-section than there used !,, Im-/--Yes. I presume that is the case, because there was not so much Hood as in the 1880 Hood. I remember the 1886 flood particularly. It was after a considerable amount of rain. 15. Mr. Mueller.] At page 25, question 70, the question and your answer are as follows: "They are not asking for any particular course of action to lie taken? — No: but they have expressed their willingness to assist in this way: They are prepared to give up a portion of their gold duty, provided the Government consider it necessary to take a certain proportion of the gold duty in order to meet this difficulty." That was the idea of the Council at that time? —Yes, and I represented them. 10. Would you kindly state what your own personal idea is? —I take it that is beside the question. 17. The Chairman.] What are your personal views?—No; they should stick to it as long as they can : they should not give up the gold duty. IS. Why do you think that? — Because my opinion is that the gold duty is for the roads and works that the county had to carry out for the benefit of the mines. If the gold duty is utilized for that purpose, as far as I can judge, it means using the greater portion of it ; otherwise the roads in tin l mining district would have to Ix- made out. of ordinary county revenue. 111. Why not/—Because the gold duty, I take it. was struck for the express purpose of assisting the mining districts in the way of roads. 20. Mr. Mueller.] You have seen that plan before [Exhibit 9]. It was prepared by William Tot ley?— Yes. 21. Unfortunately this plan has got no date on it. Mr. Tetley was Foreman of Works of Ihe county for some time?— Yes. 22. Could you state what year this plan must have been prepared?—l could not say, but the evidence could lie easily obtained from the County Council by finding out when Mr. Tetley'fi connection with it ceased. Tt would be prior to that, but the exact date I cannot say. I think Mr. Tetley must have left the service of the County Council about 1891. 23. You think you would be safe in saving that this plan was prepared long before 1895? Yes. 24. This plan shows the section of the river from the present traffic-bridge down to Snodgrass's Wharf/--Yes. 25. It was prepared in connection with information required in regard to a proposed wharf which was to he erected below the present traffic-bridge?—lt was to lie discussed. 26. Here you see a portion of the plan marked "Rock "?—Yes. 27. Is that the same rock that was referred to in your evidence before the Committee? —Yrs. 28. This other plan is a subsidiary plan showing cross-sections? —Yes: the two plans go together.

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29. As far as the rock is concerned, the cross-sections 10 and 11 show the rock?— Yes. 30* The Chairman.] The rock is between 10 and II /—Yes. [Plans put in—Exhibit 9.] 31. This plan was produced for what purpose/ The proposed wharf at Paeroa, just below the bridge. . . . 32. Mr. Moresby.] You have made many observations from time to tune With regard lo tins river, as shown in your evidence given before the parliamentary Committee? Yes. 33. You have observed certain points on the river from time to time/—Yes, I live on the river. _ . ~ ~ , 34. Since you gave your evidence before the Committee, have you made any further observations or examinations? —Yes. _ 35. Recently have you made any?— None except when I went up in my boat the other day. 36 You or'your son have a launch, and you are frequently on the river?— Yes. ■',7 Taking the river down as far as Te Puke Wharf, have you noticed any material changes in the river since you gave your evidence previously/- I have noticed the bank extending down the river. I am referring to the place opposite the boat-shed, where the boats used lo he always in comparatively deep water. 38 There is an accretion to that bank just below your house?— Yes. 39. .Limiting yourself to the Ohinemuri River, have you noticed whether the banks are pinched in since you gave your evidence/ —Yes, very much. (0 'Do you consider that thai river is able to carry as much water now as it did when you gave your evidence before the Mines Committee?—lt will carry as much water, but it will not take the same amount of flood-water to go over the banks. 41. Are you able to say whether that river has filled upon the bed .' Yes, m places. 12. Right down to the Junction? Yes. ~,,.,, t i ,*i 13 \t the Junction itself, referring particularly to that island which has formed al the llape Crock—has thai island got much bigger ?—Very much bigger since the photograph was sent lo the Mines Committee. II Have you "-ot any ~f the negatives of those photographs. i«-s. 15 Would il be possible to get copies from the uegatives?—Yes, I think so. Hi' You say that the island is getting bigger: has it risen or got longer/ -Both. hast summer between' the original island-bank and our bank it was out of you, depth. Now Ido no, suppose there is 2 ft. of water. That is since last summer. 17 It used to be out of your depth?— Yes, we used to bathe there. 48. Has it extended down the stream a. all/- Yes, a good deal Within the last two or three """"i'q' In your opinion, is this an obstruction to the navigation of the river?— Undoubtedly. oil' The Chairman.] The bed of the Hape Creek—has thai risen very considerably?— Yes, [t 7JW YOU see the small steamers of the Northern Steamship Company- ihe " Rotokohu," &C.-have they any difficult; in getting through this place to get to Ohinemu,,/I have not Noticed lately, but about six months ago she could only get up on the top ol .he tide ' me 5 a 2 n : , ago, opposite Hape Creek what par, of the river did the big steamers come up by /-They came quite close in: you could from the bank touch hamls with the PM T 3 g T B i- not true that people have handed letters on board/-Yes: I have seen a man jump ll])0a ;,i; Th e r e was deep water close in to Hape Creek where now there is none. 54. Mr. Moresby.] I think you know the river right across from your house at the Hap, to 1'' e \St;y^orres P onding change taken place in the river in any other place?-! do not think "' 50 What was the greatest depth that you found recently, during the las, two or three months? _I have not sounded, bu, I have never touched anywhere. I should say there ,S about 4 tt. ol water in the channel. 57 The channel is fairly close in, what channel there is I—les. _ 58 Generally in your opinion, is the junction of ihe two rivers still filling up : is the both,,,, of the'rv "ot noShallower /-I should not think so: on account of the two currents coming looelhei ihcre Hie,-;is always a scour fro,,, the Waihou. Of course, as the channel gets contracted iC U down as far as Te Puke. , you say whether the river ■*- • - M Zftt was 2 in. higher at my Kaeroa Township when Ac flood was on?-N 0 ; £" Ilav'e You anyknowledge 6f what damage was done to gardens, buildings, and business of the land?— No. CO. I thought you had gone into that rather fulh / -No.

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07. Have you formed any opinion on it yourself? No 68. With regard to the gold duty, at the time you were in the Council, did they assist pro specters : 1 es. • l 69- Out of what money were they assisted /-The gold duty according to statute is county revenue. 11,ey were helped out of county revenue. 70. Are you able lo give us to what extent .hat help was afforded /—No. I could not do so now ; out it was done. n. Did the County Council assist prospecting by making roads and tracks to the different mines out of county revenue?— Yes. 72. 1 think you know of your own knowledge that the roads in this county were expensive to keep up most of the main roads /-They used to be. ' 7.'i. Upon the roads leading to the mines, over which machinery had to be carried- had money to I K . expended on those roads?-That was in the old times. Ido not know how far the railway has relieved that now. 74. Hut where there is m, railway?— Yes, that is so. 75. Are you able to tell us the number of miles of roads/ No. _ To. Mr. Tunks.] \ good deal of reference has been made to this island opposite your place— this new island : can you tell us what it is composed of ?—I know that it is mining tailings. it. Why are you sure? -Because I went into the question very particularly when I was a witness before the Mines Committee. I took samples of mining tailings opposite my place and right up to Mackaytown. and at different places on the river as far down as Netherton, and also samples of the sand up ihe Waihou. because ihe question was raised that it was sand from the W aihoii that came down. 78. Did you take any sand from this particular island, and test it?—No: the island as it was then is feet below the present island. 79. You are judging by the similarity ~f appearance?— Yes. 80. 1, was similar to the substance thai you tested at that time, but you did not make any actual experiments?— That is so. 81. Now you tell us that from that island across the river it has shallowed a good deal?— Yes. 82. Can you tell us what that shallowing has been caused by—whether it is sand from the Waihou or tailings/--No. I have not been examining this question. f have had nothing whatever to do with it. I speak only as a person living on the bank of the river. 1 was formerly employed by the Council, but I have not since lieei, employed by any one to make observations or experiments. 83. Had you experimented formerly for the section across the river at that time? No. 84. So that you cannot say wdiat the condition of the river-bed was?— No. The thing was io consider what the river was bringing down, and that is what I directed my attention to. I presume you are speaking of the condition of the River Waihou opposite my place. lam speaking generally of the Waihou and Ohinemuri up as far as Mackaytown. 85. Did not your investigations show that a considerable amount of river-silt had been brought down by the Waihou River?— Yes, and that is evident now when the water is low. At the island at the mouth of the river it is visible to the naked eye. The Waihou sand is visible to the naked eye —it is always on the roll. 86. Would you not expect to find a considerable amount of Waihou sand on that island? Yes, at the base of it. 87. So that if there is any shallowing of the river from the base outwards that would probably be Waihou sand?— Not necessarily. 88. But probably? Not, even probably. 89. Why not? —The Waihou sand, in my opinion, is always going down the river, and then the silt conies and deposits as it goes :it is much heavier. My own theory is that if you could get a sectil f the river now you would find a deposit of Waihou sand, and above that a lx-,1 of tailings, and then probably another layer of Waihou sand. Hut in the old times this was alw ays on the move. If a steamer stuck in the river for a quarter of an hour, the working of the screw would make a change then. It will not do that now. You get on one of.the banks and you cannot clear it with the screw. 90. You attribute that to mining tailings?— Yes The test is easy. You can test it in a testtube. Leave them for a day or two, and then turn them over. The Waihou sand will roll hack, and the other will not roll back. 91. You suggest that the mining tailimrs will cohere, but the river-sand will not?— Yes. especially the finer stuff. 92. The Chairman.] The present tailings—what has been coming down in the last few years/ —Yes, in the last few months I should say ihe tailings have become more adherent. 93. Mr. Tunks.] Can you tell us whether prior to 1895 there was any flood on the property now known as McKee's?—l know there has been a. flood there, but T could not state the dale: but the whole place was covered. 94. Was there not a big flood in 1880?— Yes, but I was not living down there then. 95. You have had a flood up to your verandah-steps?— That was Ihe highest flood except the January one and this one in March. These two were higher than tl ne before 1895. The latter was not as high. The boat was tied to the verandah-post, but it was prior to 1895. 96. The following are questions 154 and 155, and your replies, in your evidence before the Mines Committee: '-Then, again. I think you made a statement that you have had floods in the Upper and Lower Waihou when there was no flood in the Ohinemuri River?— Scarcely that. T think. I said Waihou floods and Ohinemuri floods. The Waihou floods are when the Waihou is

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in bimter flood than the Ohinemuri. 155. I was informed and 1 want to know if the information ?s correct—that during the flood in January, 1 think it was, the flood-waters continued to ,-ome from Piako; and I think Mr. I.ai.ghlin gave it in evidence also that the Piako water came into the back part of his land when there was no actual flood in the Ohinemuri- that is, the flood in the Ohinemuri had gone down, but the water continued to come from the 1 ,ako and flood his land?" You have seen nothing since to alter your opinion with regard to that/—Nothing to alter my opinion as there expressed. 97 That would be due simply to the water of this watershed—the Waihou River s own watershed—without any assistance from the Ohinemuri?—No, I did not say that, 98. Is that not so?— No. ~,«,., t i t a a t m 99 Is there not sufficient water in the watershed of the Waihou to cause that flood/— M.\ evidence is that the Ohinemuri backed up as far as the Ngararahi Block 100 Question No. 160 and the answer are as follows: "I understood the affidavit to saj that it was after three days' flooding in the Waihou that the Piako broke over - It was flooding for several days before the water began to fall." What docs that refer to?-Thal refers to the water breaking from the Piako over lo Netherton. 101 The Piako water came over into Netherton?—Yes. . . 102' Question No. 161 and the answer is as follows: " I have been informed that in, I think. the January flood, the water both in the Waihou and Ohinemuri had decreased but still the water , me over from the Piako side and Hooded some of the low-lv,ng roads about the Nether on district-That is what T have heard, but Ido not know ,t of my own knowledge. [here has been nothing since t„ alter that opinion?—No: that was hearsay, of course 10.11 You do not approve of the County Council paying any of the gold duty for this purpose. You sav'fhat was intended for roads and tracks in assisting mining prospecting?-Yes 104. Do you think that the revenue is fairly spent on gasworks, or baths, or howlmg-grems / ~ T 1 You state in your evidence before the Mines Committee that that island commenced to be formed in 188 I. That would Ik- formed from a deposit of pure alluvial silt? N,T it started from a willow catching in the bank, and rubbish and stuff came against it, and gradually formed an island. ~„.., , 106.' Consisting of pure alluvial silt?-Probably and of Waihou sand. _ 107 That is what 1 mean by alluvial silt. You joined the County Council in 1886?— Yes. 108: Do you know when the River Board was formed?-No I cannot remember 109 Can you give us an approximate idea ?-No; I should think about 1888 or 1889 110. When did either the River Board or the Ohinemuri County Council take steps to deal with tint island?— They never did as far as I know. 111 That is a matter that I think might have been easily dealt withf-That is a matter for the County Council to explain, not me. , , , v , 112 Did I understand you to say that the island consists mainly of mining tailings?-Not the bottom of it—the upper surface. , 113. What would be the depth of the tailings on that island?—l do not know. 114 The Chairman.] Have you ever dug into it?— No. 115. Mr. MeVeagh.] | When you were Clerk of the County Council, were you also County n Tlo - You were here at the beginning of the activity of the goldfields ?—Yes 117. About 1895?— Yes, I was here then. , 118 There has been a vast increase given to the values of property in this district ?—Yes . thee is no doubt the mining industry has giver, a great impetus to the district about Karangahake, but the principal increase of values about here is due to the dairy industry 119 The dairy industry started within the last ten years or thereabouts?—! do not know It started subsequently to the Proclamation declaring the river to be a sludge-channel? " °121 WithTeeard to those plans, I see from the cross-sections that they appear to have been taken where the water was very deep. May I take it that Mr. Tetley was instructed to look for specially deep water?— Naturally, I suppose he would look for deep water, as ,t was to bring the water up lo the place where vessels might berth. , . , , „ c. j 122 The Chairman.] The cross-sections are taken at regular intervals from Snodgrass s Bridge down. At least they are taken at fairly regular intervals, such as any engineer would take There was no picking and choosing. 123 Mr MrTcaqh 1 Since those plans were prepared, you say that the banks have been contracted somewhat ?—I do'not know that I have said so. I believe they have been. 124 Where has the water got to?—The whole bed of the river has risen. 125. The same quantity of water is flowing down the river as before?— Yes; hut the per m-inent level is considerably higher. . ?26 \s a result of that, you have got a more rapid flow of water?-The rock indicated in the plans was uncovered: to my' knowledge it was about 8 in. out of the water, and now that has "" , MT D?£ that the same v 01,,,,,,, of water flows down the river as before?-! did not say that On account of tha denudation of the bush the water comes down more quickly. _ ' 4 28. The Chairman.] There are more freshes, you think, but the average volume coming down is less?— Yes, T should think so. 129. So that for a period of twelve months the same volume of water approximately comes you acquainted with the Waihou River?-! have been up there occasionally.

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131. When were you last up there/—l should think about two months ago 132. How far up did you go?— 1 should think, about a mile and a half. 133. You noticed a very luxuriant growth of willows on both sides/-- Yes 134. In your opinion, do they check the progress of flood w alcrs / Where they lean over into the river. J 135. That is the same also in the upper stretches of the Ohinemuri River? Not so much I oh. But there are willows growing there?—-Yes. 137. Would not the removal of those willows tend to diminish the flood?—Is not that a matter lor an expert to give an opinion upon? My own personal opinio,, ls that undoubtedly they would check the flow of water. 138. Do those willows go back as far as Matamata / Ido not think so. 139. Do you know the character of the country through which the Waihou flows?— Yes, but I do not know very much about it. HO. What is the character of the soil/—1 do not know. 111. Can you say whether the Waihou River carries down with it extremely tine sand/ As Ear as my experience goes it is the reverse. When 1 got samples of sand from Maugaiti it struck me as being too coarse to be a fair sample, and I sent for another sample, but it was the same. Maugaiti is about live miles from Te Aroha. 142. We have information that sand of an extremely fine character is found in the Waihou line enough to go through a 60-mesh ?—I should be surprised if it was so. 143. If that is so, there is a quality of silt coming down the river that you know nothing about ?—Undoubtedly. 144. The Waihou flows for a considerable distance through country of that character?—l do not know. 145. At whose instance was the River Board originated?—At the instance of the Ohinemuri County Council. 140. It is coterminous with the county boundary?—l believe so. 147. What was the idea in calling it into existence /-■■ To keep the authority of the Thames Harbour Board to their own place, and not charge wharfage up here. 'Ihev were wanting, 1 believe, to charge rates for the wharfage up here. They built a wharf up here, 1 believe. I IS. That checked their move/—Then we got control of the river as far as the boundary of Ihe county. 149. Did you hold meetings after that/—Yes. 150. What was done at those meetings? —The minutes were confirmed. 151. What did they confirm?— Simply that there was no business to do. 152. Were you Secretary of the Hiver Board?— Yes. 153. Was it a salaried office? —Not as far as 1 was concerned. 154. Did they have their accounts audited/ — There were none. No business was transacted. 155. .l/r. Mueller.] There has been a lot of mention of this island at the commencement of the main Waihou River: you think it was formed by the branch of a willow catching?— When 1 first knew it, it consisted of nothing more than a bit of willow growing out of the river. 150. That willow would naturally collect any branches that drifted down/—Yes; that is how it formed in the first instance. 157. And ultimately it formed into an island/ Yes. I think it was after 1886 that 1 first noticed the willow. 158. Could you give us the date when you wen, to live at the Junction?— No. 159. You knew this willow-branch when first you went to live at the Junction/ -Yes, as far as 1 can recollect. 100. Can you state whether the deposit of something on this island has increased during the last few years at a greater rate than previously? —Yes. For years after the two islands were connected you could not get on to them except at dead low water. There was no soil ; only rubbish. The groin was put across there by Captain Sullivan. It is between the left bank of the river and the top island; and then another groin was put down further. 101. Formerly the island was of such a nature you colild not get on to it ?—lt was just a mass of willows. 102. Before you gave this evidence in Wellington you say that you took tesls or samples from those islands and from Maugaiti/ Not from this island, but from the Hape. 163. And also at Maugaiti?—Yes. 1.64. What was the result, to your mind, of your investigations then as to the composition of that island? —1 think it was easily distinguishable. The real Waihou sand was taken at Maugaiti, so that there would be no question as to there being anything else in if. As 1 said before, if you turned the test-tube over, the Waihou sand came down again quite freely, but the other stuff would not. 105. You have noticed from your own experience a difference in the bottom of the river?— Yes. there is a difference in the composition. Formerly, when bathing, when you touched the bottom with your feet you fell that it was composed of shifting sand; latterly the bottom of the river has become stiffer. 166. The Chairman.] Do you know the Hikutaia bank, where the cutters come up to take sand?— No. 167. When you first knew both rivers what was the state of the willows? —There were some willows then, but not as many as now. Some were pretty big trees even then. 108. And Ihe River Hoard never planted any willows?— No.

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Edward Stephen Cock examined. (No. 16.) 1. Mr. Mueller.] Your name is Edward Stephen Cock, and you arc a son of Mr. Frederick Cock, a previous witness/ —Yes. 2. You have resided on your father's land practically all your life/—Yes. 3. You are managing the farm for your father now /—Yes. 4. You have had to do with the cattle, horses, cows, and calves on this farm all your lite. Yes 5. The last flood you lost several calves! -We lost one in the last flood, and we lost live calves. one mare, and two cows in the last three years. 0 The marc and the cow were lost through getting bogged and being drowned?— Yes. 7 What happened to the calves/—The first three that died we did not know what happened to, but we examined the last two. The first one we opened was full of coarse grasses mixed with silt. That substance was inside the two we opened. 8. Was thai not a hard cake/—Yes, in a sort of a ball. 9 Did you break it to examine it?— Yes; it was coarse stuff with silt all through it. 10. In one of these calves did you find more than one of these lumps?— Yes, there were four in one of the animals. . 11 What si/.e would these balls lie /—The biggest would be a little bigger than my tisl. 12. Have you any doubt of the cause of death of these animals/--No doubt at all. btoppage caused by this accumulation of stuff. . 13 'Have you noticed any of the cows when they have been brought m to milk with this slut adhering to theii mouths/—Yes, in a regular cake: and the horses' hair round their mouths hail little balls rolled up in it. 14. Have you yourself taken that stuff off ?—Yes. 15. For how long past have you noticed this accumulation of stuff in the animals mouths/— .lust this last big flood 1 noticed it particularly. I refer to the March flood. Hi. Previous t„ live or six years ago did you notice any of that accumulation round the mouths of your cows/ —No. ' . 17. Mr. Clendon.] How many other calves had you at the time these calves died/—About a ' t 'lB. Only two of them were affected?—We onlj opened two. We opened them directly they ' 19. In what part of the body did you find the lumps /—ln the stomach or bowels. •20. What was the composition of it /—Coarse grass, and silt mixed with it. 21. Any slimes?—lt is what is deposited there at present. 22 Was there anything injurious in the lumps, as far as you know /—I could not say that. 23. How do you know what caused the death of those calves?—l reckoned it was stoppage caused by these lumps. . , 24. Did you notice any signs of inflammation about the bowels?— They did not have the us. of their bowel's. We tried to doctor the last one that died. 25 There has been silt on your hand for some years? Yes. 26. Why has il no, affected your cattle in previous years/-We have lost some ,n previous years, but we have never examined them. , . , , v ' 27. Bave you heard of any other people losing cattle from the same cause J-^o 28. Mr. Mueller.] V,„, have noticed the horses and cows have had this stub deposited around their mouths, as well as the young stock /—Yes. Stephen Fisher examined. (No. 17.) I. Mr. Mueller.] Your name is Stephen Fisher, and you are a dairy-farmer residing at Net l , ' t YolTolm'344 acres of land/-Yes : part of the Te Arawakapekapeka Block Nos. 1 and 2. and part of Kaikahu No. 4. It is below the creamery. 3. That is all agricultural land/ —Yes. I You suddly milk to the Netherton creamery ?—Yes. I', oi thai 'il acres, how much has been flooded/-The whole „f it was fl led ,n 1901 except ■_' acres. ~ , a . , 0 How Ion" have you been in the district / — Sixteen years. 7' And previous to 1907 was that land subject to floods/ No, ,„ my tune. 8. In January, 1907, there was a large flood?— Yes. . 9 The water remained on your land for how long?—tor about three weeks. 10 In SeDtember of last year there was another flood ?—Yes. 1, How lunch land did that 11 1 cover /-About 250 acres of my land, and it remained on thel^ d Thetmagirthe ,907 flood-did that destroy grass on your 1 1? Yes, it destroyed 1/-Yes. following on "v" iVi--.:;;'^^: 1 ::!: ;;V;:;';;:;:; -v\;;:;-^;-■■; 1 l: l ;; t t n.., thal .plough and rcsow the 1 1 after that ,1 I- About ,5 -res. and 1 surf an -re did that cost you/ Quite .2 an acre. Grass-seed was very dear at the time. The reploughiug and resowing cost about L4OO.

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18. That was in hard cash and labour, apart from the loss of slock and the loss of your milk cheques /—Yes. 19. Was that land in such a state before the J907 flood that you would not have required to replough it or resow it if the flood had not taken place?- -1 should' nut have had to replotigh il. 20. Mr. Mhtehelson.] 'J here was a good sward of grass on it /—Yes. 21. Tin Chairman.] How old was the sward/ About ten years. 22. Mr. Clover with it?— Yes, clover, cocksfoot, and rye-grass. 23. Mr. Mueller.] Previous to the 1907 flood can you give us an'idea of how many head of stock you could carry on that land /—Before the II I I was milking forty-five cows. 1 had a good number of young stock. 1 had no stock for fattening purposes. 1 had a number of young heifers and calves. 24. You kept stock purely for dairying/—Yes. 25. And after that flood what would the land carry in the way of stock/—lt would carry scarcely anything. I had to go into the bush and chop down bush and willows for my cattle. 20. Can you give us ,-v, idea of what you consider your loss through Ihe falli'lig-ofi of your milk cheque?—To the best of my recollection I got £48 for the December month. The .laniiaiw cheque was very small, and there was nothing after that. The milk cheques should have continued to the middle of June under ordinary circumstances. 27. What would you say that you lost per month/ -When the fl I came 1 was getting £48. 1 think £30 per month for five months on an average. In that season 1 think I lost £150 in shortage ~f milk cheques. 28. And the following season, did this have any effect on your milk cheques / — Yes, the cows milked very poorly the following season. The new grass had a very bad effect on them. 'Ihis is the first season I have recovered since the flood- that the cattle have got back to their proper milking again. 29. That was on account of them not having proper feed during the winter?— Yes, and having all new grass when the summer did come. The new grass had a very bad effect on them. 30. Did you suffer through the loss of pigs? Yes ; 1 had to dispose of a number of pigs at a very small price. , 31. You had to dispose of them because you could not feed them I—Yes, I should have had £50 more for pigs that season if the Hood had not come. 32. Would that loss continue into the next season also, in proportion?— Yes, 1 had not nearly so much milk in the next season. I think in the next season I was eight shares short supply at the factory. We have to supply so much butter-fat, according to the number of shares we hold. 1 think there were eight shares in 11108 thai I did not receive a dividend upon, because 1 had not supplied the necessary butter-fat. In 1900 I had to take up an extra nine shares owing to the additional supply of milk. ■'!.'!. Can you tell us what was the cause of the fl ling of your land, and where the water came from /—1 can tell you where 1 feel certain it came from. Il came from the Waihou River. 34. Why do you say that/—Because I took a canoe close to my back door and went through the bush. I followed Up the flood-waters. 35. The Chairman.] What part of the Waihou did you come out at/—lust above the flax-mill. 36. Mr. Mitchelson.] Was the water running with any strength/—lt was not running very quickly. 37. Mr. Mueller.] It was covering a large extent of country?— Yes, there were miles and miles of water. 38. 'The Chairman.] What distance was that I How long did it take you to get there/—Seven or eight hours. 39. Did you see water coming across over the river-side/ —There was a sea of water. 1 could see the willows on the bank of the river. The water was coining through from that direction. There was a general flow down towards my land. 40. Mr. Mitchelson.] At that time was the water covering the laud towards Piako and Te Aroha/ —Yes. one sheet of water. 41. The Chan man.] Can you see any distance from this lagoon, or is it all bush/—The bush has been worked for mill purposes. I went up as far as ihe south-east side of the lagoon. 42. Mr. Mueller.] From your observations during the time of this flood, can you state where ihe water that came over your laml came from/ Did it come from the Waihou River?—] fully believe it came from the Waihou River. 13. You have some brothers residing at Netherton/—Yes, Joel and Amos Fisher. 44. Have you got a statement from them/ —Yes. 45. You know your brothers' land?— Yes. 40. Do you know whether their estimate of then damage is within the mark!—lt is within the mark. [Exhibit 10.] Their statement is as follows: "We have been residing on the river for seventeen years, and our property never suffered from flood until three years ago last January. At that time we suffered the following loss through the flood: Estimated loss of milk. £450; cost of ploughing ami laying down 250 acres in grass, £500: loss and damage to stock, £150: cost of grazing stock. £60: total. £1,160. The reason of the flooding we consider is the silt choking up the river in the upper reaches about Paeroa and Junction, and causing the Waihou to overflow its banks. The Hood last winter was running over our property for three weeks, and was the cause of great damage. We had to graze our cattle for about two months. — FisiiKlt BROS. May 24, 1910." 47. The Chairman.] What is ihe acreage of that block 01, which the damage has been donI cannot state from memory. 1 think it is about 500 acres. 18. Mr. Mueller.] You know the land, and what they have suffered? —Yes.

46

[S. FISHIiK.

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49. You say the estimate is an underestimate, if anything?- —Yes. 50. Can you state whether your brothers' land was seriously or in any way affected by Hoods prior to 1907 / No, it was not. 51. You have been in occupation of this land for seventeen years / -Yes, about that. 52. Mr. MeVeagh.] When did you start to supply the factor} I 1 supplied Mr. Spragg first, about eight or nine years ago. That was before the company was formed. I started to supply when the Netherton creamery was established. 53. Are the drains in the land fitted with flood-gates?— No. 54. How many drains have you got through your property?—l have two main drains running east and west through my property. 55. What is the length of those drains/ —1 think that one drain is about 1)0 chains, and the other is about 80 chains. They are large drains—one is about Oft. deep and 9 ft. at the fop — not all the way —and the other is 7 ft. on top and about 4 ft. deep. 50. Have you any smaller drains? —A lot of small drains. 57. What "length?— About 18 chains long, running from one main drain to another. 58. Your brothers, I suppose, have many drains?— Yes, many miles. There are three of 80 chains, and a very large number of smaller drains. 59. I think when you and your brothers took this property it consisted of kahikatea forest ? Not all of it. 00. It was very wet, and you found it necessary to drain the land? —Yes. 01. Where did that water come from when you started to drain it?— From the heavens. 62. Did not that water extend a good way back? —Yes, for many miles. 63. How far back did it extend?— Right up to Mm riusville. 04. From the Awaiti Stream towards Netherton there is a fall, is there not/ —Yes. 65. The Chairman,] Do you mean to say that there is a fall from the Awaiti Stream all the way to your land? Do you mean to say that the Awaiti is at the top of a hill?—No; it is all flat country, but there is a general fall from east to north. The watershed is about 50 chains from the Awaiti River. 66. Mr. MeVeagh.] Have you been further up the river than the flax-mill? —No. 07. Not far enough to see"whether the waters of the Waihou came across?— No. 08. Do you know anything of the waters of the Piako coming across country to the back of the Netherton district? —No; I should think such waters would go out to sea. 09. Do you know whether water flows from Waikaka to the Awaiti River?—! do not know. 70. Mr. Mueller.] As regards these drains that have been mentioned : you say that you have two main drains through your property, and your brothers have three main drains. Those main drains, 1 presume, go into the Waihou River across your property? —Yes. 71. You drain your land into the Waihou? —Yes. 72. At the time of the big flood of 1907 did the water come on to your laml from those drains or from the back country?—The water ran off our land into the Over. # 73. Does the tide affect the Awaiti Creek? —No. 74. Mr. Mitchelson.] Mr. Bagnall said in his evidence that after the 1901 Hood they put up a stop-bank, and that stop-bank prevented the water gelling on to Iheir land in the 1910 flood. You say the water was over your property in September of last year for a week?— Yes. John Morrison examined. (No. 18.) 1. Mr. Mueller.] Your name is John Morrison, and you are a farmer residing near Hikutaia? Yes. 2. You own 150 acres, part of the Kaimanawa Block?— Yes. 3. Your land is not affected particularly by the floods?— No. 4. Have you got a river frontage?— Yes, 22 chains. 5. You have been on the river for about forty years/ — Yes. (1. You know the river from Puriri to Paeroa?—Yes. 7. You have been on the river almost daily ever since/ I had 1,, do all my business by the river for the first ten years. There were no roads then. 8. In later years you have been supplying milk to the Netherton factory?— Yes, since il was made a co-operative company. 1 joined it then. 9. During that time you used a launch on the river? —Yes; I had the fust launch thai ever was on the river. 10. Previous to that you had pulling-boats? —Yes. 11. What is the carrying-capacity of your milk-launch/ —About 2| or •"> tons. 12. What did the launch draw?—At full speed she would draw 3i ft., at half-speed she would 11 raw less. 13. You were daily on the river at all stages of the tide/—^es. 14. When first you started your launch on the river, how long ago was that /- -I think it was eight years ago. 15. During the first few years of that time did you find any difficulty in navigating the river with your launch ?—None whatever. 10. Have you noticed any difficulty since?—! have stopped running for twelve months. I could not go at low water now, especially in February and March, when there are less freshes in the river. During the last three years they have got worse and worse up to twelve months ago.

•I. MORRISON.)

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17. Could you previous to that take your launch loaded at low water up the river without touching bottom? She might merely touch at times. 18 What has been the cause of this difference in the depth of the river, in your opinion?— Ihe (leoris Iron, the reduction works. * 19. You see steamers going past every day?- Yes. 20. Can the steamers gel through at half-tide/ N„ :it must be well past half-tide when I hey pass my place, to enable then, to pass. 21 Could they pass your place a, half-tide in previous vears?—Yes, before the Ohinemuri was declare,! a sludge-channel. 22. Do you know at what stale of the tide the " Luna " steamer came up?— Between threequarters and high tide. 23. You have known the steamers coming up to Paeroa to get stuck in the river'—Yes I have been on steamers when they stuck in the river. They stuck in the reach below the Netherton creamery. 24. You have noticed there is a change where the deepest water is? Yes. 25. Can you state whether that deep place has been contracting during the last few years?— there is no doubt about that. At my wharf six years ago she had 3 ft. 0 in. at low water, and now she takes the ground evei-y time she comes alongside. 20. What is doing this?—The silt in the river. T have some samples here. They were taken from the sides and bottom of the river. No. 1, wel, and No. 1, dry, were taken from mv place close to the wharf. I lifted it from the bottom of ihe wharf at low water. I shook it up at first 1 expected to find some sediment on the bottom, but it all ran out. T put il in that bottle, and dried the other half in the sun. No. 2 was taken from the bed of the river. I gathered it in a four-gallon benzine tin. No. 2 was taken from the deepest channel. 27. The Chairman.] Was this taken immediately after a fresh?— Yes, after the big freshafter the railway was burst. No. 3 was taken as close to the water as you could possibly get No. 4 represents a deposit from four gallons of water. I took the water'from the middle of trhe river. There was a little fresh on at the time. I let the stuff settle forty-eight hours, and that is the result. [Exhibit 11.] 28. Can your son Malcolm corroborate you in your statement regarding the navigation of this river?—l think so. 29. You are speaking of the river as you found it during the last eight or nine years?— Yes. 30. These samples you have shown us—have you had them tested or examined in any way?— Xo one has seen them except myself. _ 31. Have you only one sample from the bed of the river?— Yes : but 1 can get you any amount of it. 32. Mr. Clendon.] What is the distance from your place to the creamery where you deliver your milk?— About two miles and a half. 33. What is the average width of the river be! ween your place and the Netherton creamery?I cannot say. 34. Is the water salt at your place al high tide? -No. not for five miles below it. 35. Have you ever taken systematic soundings between your place and the creamery? Yes. lots of times. 36. For what purpose?—! sometimes do some fishing, and I took mv soundings when fishing. 37. When did you take the last soundings?— About a month ago. I took the soundings with a pole. I can remember the depths. 38. The whole of the soundings you look were confined to the wafer immediately opposite the wharf?— Yes. 39. Al what state of the tide did you take the soundings?— Low water. 10. Are you aware that Ihe captains of the •■Taniwha " ami ■-Waimarie" can turn their steamers round in Ihe river at half-tide?—No, they cannot. 41. If they say they can. what would you say? I would say they were making misstatements. 42. You say that these boats could come down at half-tide before the Proclamation and at three-quarter fide once?— There were none of these boats running at thai time- there were only the " Ruby " and " Pearl ••—small boats. 43. What boat was running at the time of the proclamation of Ihe sludge-channel in 1895? 'Ine " Paeroa." 44. How much did she draw?—l do not know. 45. The Chairman.] What is the rise and fall of the tide at your place?—ll depends on the state of ihe river above. 46. What is the greatest rise?—l took the measurement on (he 14th May. and there was 10ft. of a rise. The tide this morning was exactly 10 fl. An ordinary tide would lie about 7 ft. The whole thing depends on the state of the river above. 47. What would it lie there in springs if there was no fresh ? -Seven feet. 18. What would it be at the lowest neap tide.—l suppose 5 ft. or 5A ft. 49. Mr. Clendon.] Is there not less fresh water in the months of February and March than during any other months in the year?— Yes, as a rule. 50. .1//. Mueller.] Can you state from your personal observation whether the bottom of the river has changed at all in its nature?— Yes: when I was on the river for over thirty years I could take a pole and shove it straight down, but now I have to bump the pole down to get through the crust. There are soft and hard layers alternating in the river. 51. The Chairman.] How much higher do the tides come up now than they used to come up at high springs?— Nine or ten inches. 52. For how many years?—ln the last two or three years only.

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Hugh Gillabd examined. (No. 19.) 1. Mr. MueUer.] Your name is Hugh Cillard, and you are a farmer residing at Netherton? Yes. 2. You own 96 acres of leasehold land? —Yes. 3. It is close to Arthur Wight's property / -Yes : my place is on the north side of the road, on the water front. I. Is your property affected by the floods/—Yes. 5. Did you notice a deposit of slime on the grass/ Yes, after a flood. ti Does that cause injury to the feed and to the cows/—Yes. a g 1 deal. 7. How long have you been there/ -1 have been on thai place eighteen months, but I have been in this district ten years. 8. Have you know,, Mr. Wight's property for the last ten years/- Yes. 9. And you know the river opposite thai properly/ -Yes. 10. Have you seen cattle walking across the river to Mr. Wight s property?— Yes. II Last summer/ Yes: 1 have had mv own cattle cross to his place also. 12. Have you uoliced a difference in Ihe b01t,,,,, of the river, whether It has become solid ?- Duringthe last' two years the river has filled up a good deal. 13 Can you lake your horses right to the water's edge?—l could not a. one time, but 1 can take them down now. ' In previous years the banks were so soft that animals would not attempt to go down to the water's edge, but now it is hard, and the animals walk across. II Is the deep channel as wide as il was years ago/ No. I.V Is there anything by which you can state that for certain?--I have taken measurements "'■"''lll. Have you had .„ extend your fences further into the river?— Yes; to prevent my cattle wandering on to other people's land. " 17 \s the sill has extended the banks of the river, you have had to extend your fence?- Yes. 1.8. How far from the river bank have you seen a deposit of actual stutl on the ground? -Halt Ch T9!' Have you suffered loss through the loss of crops -grass, oats, and p,,tat„es-and also the 1088 '•)o ll Hav7vou'see„ the cattle and horses cross the rive, on more than one occasion?— Yes. 21' How much of your land does the water extend over?— Over the whole of it. "»■>' Mr Mitchelson.] What was the thickness of the deposit halt a chain from the r.ver?-lt was not a great thickness. Of course there was a sort of slime all oven; the place. 23 Mr Tunks.] You have been in the district some ten years?— Yes. •J|. You remember the big flood of 1907/— At Waihi. 25 You knew the extent of that flood?— Yes. 26 You knew when you took this property that, it was subject to flooding/ -Yes. 27 . Can you tell us when you took your las, measurement of the r,ver?-About two months ago, just before the fresh. 28 Which one was that /—At the end of March. •><>' When were your previous measurements made / - About two months before that. 30 Ml your measurements have been made within the las, four ,„on,hs?-Yes '; • What length of lease have you go, of this property?-! would rather no, say. £ £■ "Tulk?] else. » * been there to-day. . .. •U, l on noose you have drains on your property j—ies. 5?" To what extent? -Four drains right through my property, and one right round. £ wi,: t ,he size of your largest drain / -It runs from ft to 3 ft. at the back. 39 Mr MeVeagh.] You knew of the previous flood of 1907 - -Yes 'ill' You took that into consideration when you were fixing the rentt—Yes. ■; , right 43 hr Tnfposition is this: When you took up the land you knew you were taking up land liable to flooding/-It would no, do so if the river was clear. | 1 It was not cleared at the time, and you knew that?— Yes. ft,:::; t:: i »?*»« .-* —-"» 'iT Yet you had sufficient faith to take up that land?— Yes. IS. How'long has your lease CO run ?—I decline to say. f9 Have you a lease in writing?— Yes. • the present time, and I saw a horse crossing a few weeks ago. V> What was the state of the tide? -Low tide. 53. J!- Miller.] Do you know the person who previously occupied that land where you are? —Yes, Styles. .".I. Do you know why he left that land?— No.

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Ralph Stock examined. (No. 20. | 1. Mr. Mueller.] Your name is Ralph Stock, and you are a da i rv-fa liner residing at Netherloii/ Yes, 0U komata North. I have 200 acres of land. 2. What frontage have you got to the liver?— Thirty chains. 3. During the last three years has your land been subject to || | s / Very much so I. Previous to that I Previous to three years ago I never saw afl 1. Just in the bend at spring tides, and with a fresh in the river, ihe water may have covered mv place to the extent ol an acre and a half, but m, further. As goon as the tide went out the water went away It was xvvy rare. 5. During the last three years what area of your land has been Hooded?—ln that flood three years ago every bit of the land was flooded. I do not think there was half a chain but what was flooded. I had the Hood ,n my house. It left a big deposit of silt. 1 have raised mv hm.se 2 f,. 6. How long have you been in the district?—ln the immediate district between ten and eleven years: but I have been on the river twenty-eight years. i. I),, you remember a flood in September last/ Yes. 8. Did that flood your land/ Yes. About 20 acres were not flooded. That flood was not so high as the 1907 fl 1. 9. Did those floods leave layers of fine slimes over the land?—The 1907 flood completely killed all vegetation, and there was a big loss of cattle and pigs. After the Sopteml>er Hood I had to resow a part ot the land at the back of mv place. 10. After the 1907 Hood did you practically have to resow the whole of your land/ -A, that time it was not drained so well as it is at the present time, and I was dependent on Ihe back land for feed for the winter stock. After that I had to sow it. 11. After the 1907 Hood you did sow your land?— Yes, the greater part of it. 12. After the 1909 Hood you had to resow part of it?— About 50 acres. 13. The Chairman.] Was that surface-sowing/ Yes. 11. Mr. Mueller.] Your means of livelihood is the dai lying/—Yes. 15. What difference did that 11)07 flood make t,< your livelil 1/ -It practically crippled me for the time. I had practically no milk after it. Hi. And after the 190!) flood was your milk affected?—The milk was on the increase then, and it did not increase as it should have done. H did not affect the milk-returii as much as the previous Hood. 17. Have you lost cattle or pigs by drowning/—ln the fl 1 in March I had twenty pigs drowned. I had no idea of a fresh when I went to bed that night. We had practically no rain to warrant a fresh. 18. Did that last March Hood destroy your winter feed for the coming winter? —It ruined all my grass, ami I had crops of swedes which I had to use. 1 put the cows on what I was reiving on for the winter. 1 have been feeding them with hay for more than a month now. Ii). The Cl,airman.] Was that hay that you have grown yourself ?- Yes. 20. Mr. Mueller.] Previous lo three years ago was your land H led? —1 have never seen a Hood since I have been there, nearly eleven years. 21. Is there any of the land that has been practically rendered useless on account of the deposit of tailings/ Yes, I imagine from Bto 10 acres. 22. You can do nothing with it?—No: because if I clear it and plough it and try to get it into grass, a fresh comes along in the meantime and ruins everything. 2.1. Do you own a launch on the river? —Yes. 24. Do you cany milk in your launch? —Yes. 25. To ihe Netherton creamery/ Yes. 2(i. You are vtiy often on the river?— Yes. every day. 27. And at all stages of the tide? -Yes. 28. Can you say from your experience with your launch on the river at all stages of the tide whether the river is shallowing between your place and Ihe Netherton creamery? Most decidedly. When I got the launch four years ago I could go down al any state of the tide to the creanierv aiid not touch at spring low tide. Now in three miles you must touch for a mile and a half. 29. Four years ago were you able to go full speed at low water?— Yes. 30. The Chairman.] What draught is your launch?—2ft. to 2ft. bin. •'II. Do you remember the •■Chelmsford" being stuck between your place and the creamery last month/ Yes : she stuck opposite Thomas's place, practically in the channel. Yesterday morning the " Waimarie" stuck practically in the same place. •'l2. Mr. Michelson.] What state of the tide was that ? - The tide was Ml lining out. She just managed to crawl over the spot. •'i.'i. The Chairman.] I suppose you could fix ihe spot to half a chain/ -It was almost opposite Thomas's Wharf. Where there was I ft. opposite my lauding (en years ago there is none now. 34. How far is it from the creamery to your property?— About three miles. The " W'ai marie " stuck about half a mile below my place. .'l5. Mr. Mueller.] Have yon taken any samples? — Yes, from my wharf. It was from 2 in. to ■'I in. deep on my wharf. [Sample produced.] That is a sample of a deposit left by the last flood. •')('). Is that wharf near the channel ? -Yes. The channel is being forced over to my side of the river. The river took the land at Robinson's, came right across mine, and went into the river again further down. •'l7. Mr. Tunks.] How long have you had this property? -Between ten and eleven years. 38. And the 1907 Hood was the first flood you noticed?— Yes,

7—C. 14.

li. STOCK.

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•19 Have you taken any soundings or measurements opposite your place?- No. I cannot say that. I have. In summer-time I know that where the launch lies she was never aground, but now she is sometimes aground. 10. Do 1 understand you to say that the channel is coining over towards your side*- I6S. 41 Then it is getting deeper towards your side? —No. I cannot say that. 12. Dave you made an examination of the river-bed to see what it is composed of/ — No: but I know that the bottom is hard. 4:i. Mr. Clemlon.] Is your property leasehold or freehold ?—Freehold. 14. Which bank are you on /—On the right bank. 45. When did you acquire ihe freehold /—Seven or eighl years ago. 46. Have you any objection to tell the Commission what you paid for the freehold?—! would rather not. . . 47. What was the Government valuation last year/—1 think it is tI.MIO. 18. What is the area of the freehold? -One hundred and sixty-three acres. 49 There is a very sharp bend of ihe river at your property? —Yes. 50 Is it not a fact that near sharp bends in the Ohinemuri River the channels are frequently changing, particularly after heavy Hoods? -I do not think so: it has never changed since I have tn©rG 51. When you say you thought the '-Waimarie" stuck, was she coming up or going down I She was coming up. It was about 9 o'clock. The tide was running out. 52. These are particularly low tides, are they not ?—They are not very high. .Twins Thomas examined. (No. 21.) 1 Mr Mueller] Your name is James Thomas, and you are a dairy-farmer, residing at Netherton ?—Yes : I own 1,7 acres of freehold land —part of Koronae No. 3 Block and part of Komata North No. 1a No. 5 Block. 2. What river frontage have ion!-Twenty chains. :>,. You supply milk to the Netherton creamery?— Yes. 4. How much of your 117 acres is affected by floods—at the ,907 flood ?—Tt was practically over the whole of it. . 5 Is the bank of the river high or low at your place?— What we term a high bank. fi Opposite that bank can you state how deep the silt deposits are?— Yes, T put a hole down 5 ft., and got tailings down the'whole distance. Tarn speaking of between high-water mark and low-water mark. 7. Are both banks filling?— Yes. 8 Can cattle walk down further into the river than they were able to walk five years ago I— They can go 30 ft. lower down from my fence than they used to do. I have had to extend the fence there"to stop them. That is in summer-time, dead low water. When T put up the fence ,t was almost on the edge of the bank. 9 Was your land flooded in March last?— Yes. 10. Was there any that was not covered in March? -About 8 acres was not covered. Ihe cattle had to live on tliat for five days -the rest was under water. 11. At the end of that period, were they in poor condition ?—Yes. they began to fall away pretty considerably. 12. Did this same flood damage a 12-acre paddock of yours? —Yes. 13 What was in that 12-acre paddock ?—Different sorts of grasses and clover. 14 Had that been rerontlv sown? It was a paddock I had recently ploughed and sown. 15. Had you to resow that paddock?—l did not plough it a second time T just went over it. [i est me for grass-seed and labour about £10 to resow that land. . Hi. Did the rest of the farm suffer from the flood? -Yes, the whole of the farm suffered. 17 How many cows were in milk prior to that flood? —Thirty-one. 18. And what effect did that flood have on your milk cheque?—lt blew i int. I have just turned the cows out now. T should have milked them for another two months. 19 How long was it before the grass could be eaten by the COWS after the flood receded?— It had a dirty-yellow slime over it when the water receded, and the cows went down considerably in condition inconsequence, and T have turned them out two months earlier than I might to have 20 What has been your loss?—lt is hard to say. I could not make a definite statement what I did lose, ... . . „ 21. The Chairman.] This time last year, were you milking the same number of cows?— No; twenty-six. . 22. Do you remember what cheques you were getting last year from the twenty-six cows for this month? I cannot remember, but I coulfi let you know. 23 Mr. .Mueller.] During the last three years, did you have three floods in your place? Yes. 24 January, 1907, last September, and last March?— Yes. 25. Was the effect of the 1907 flood such that you had to go off your farm and work elsewhere? —T had to turn the cows straight out, and go to work and earn wages. 26. You expended your wages in restoring your land?—Tt was not until the following November that I could afford any expenditure in money on the land. 27. Could you put your loss into figures?—! consider that T lost £100 for the rest ol the 190< season. . , ~ 28. And. apart from that. T suppose your land was not of such a good carryintr-oapacitv the following season as it ought to have been ?—Not until T got it grassed.

J. THOMAS. j

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29. The Chairman,.] The silt killed everything?— Yes. 30. Mr. Mueller.] Do you know the old Maori steps in the river/—Yes. 31. What were those steps erected for/ -I',,r the Maoris io get down at low water and get water for cooking purposes. 1 should say that about Oft. has tilled up from low water mark. 32. Dow far does that extend into the river / —About 25 ft. At the steps there is about 6 ft., and that slopes down to nothing. That would be about 25ft. at low water —25 ft. from the steps. 33. The Chairman.] Is that deposit sandy, or slimy, or muddy?—lt is set too solid to be muddy; you have to dig at it with a shovel. 34. It is not sand? —No. 35. Mr. Mueller.] Do you own a launch on the river /—Yes. 36. You take your milk to the creamery every morning? —Yes. 37. How long have you been navigating the river with the launch/ About eight or nine months. 38. What does your launch draw /—A little more than 2 ft. if loaded. 39. Have you any difficulty in getting about the river at low tide?—At very low tide it takes one man to steer and another man to feel his way with a pole. 10. Have you ever done the feeling part with the pole?— Yes. 41. What sort of a bottom has the river?—ln the very deep places it is hard, but when you get out of that it is softer—you can sink into it. 42. Have you had any experience of the navigation of the river previous to the eight months you have had this launch/—Nothing in particular. I have been aground with a flat-bottomed boat with a load in it, and have had to get out and push it along. 43. During the whole of the five years have you been taking milk to the creamery?—Y'es. 44. Can you say whether the channel during the live years has narrowed or not?—l could not say. 45. Mr. Tunks.] How long have you been in the district?— Eight years 4(i. You were here at the time of the January flood?— Yes. 47. Was that the first time you had seen a flood in the district ?—Yes. 48. You say that the bottom of the river has hardened in places: have you an) idea what ihe bottom is composed of? —It is hard in the deep water. It has been hard ever since 1 had the launch. 49. Do you know what it is composed of? —No. 50. Mr. MeVeagh.] When did you take up your property? —About five years ago. 51. Have you drained it? —Fairly well 52. What length of drains have you got? —About 50 chains. 53. How high is it above the Waihou bank from low-water mark?—lt might be 11 ft. 54. What is the difference in the rise and fall of the tides/—ln the middle of summer, in the big spring tides, there is a rise and fall of about 8 ft., and in the case of the small tides about 3 ft. less than that. Farmers considered it the best summer they had seen, because they were always getting a shower when they wanted it. That was until the flood. 55. Have you any idea of the rainfall for December?— Not the slightest idea. 50. You say you noticed this deposit on your vegetation : may that not have been ordinal} alluvium?—l do not think so. 57. What is the difference between the ordinary flood alluvium and that deposit that is on your place? —The ordinary flood alluvium is soli. 58. When did you have experience of the ordinary flood alluvium /—Not on my place at all. 59. Where did you have any experience of the ordinary flood alluvium?— In different places at the Thames, but not farming. At Tararu. 00. Was Tararu under water / —The creek-banks. 1 lived about a mile and a half up from the creek-mouth. 61. Did you go and feel that alluvium? —1 ran about in it with my bare feet. 62. You can detect the difference between the feeling of soft alluvium with your feet and the substance up here, feeling it with your hands? —Yes, to my way of thinking. Malcolm Morrison examined. (No. 22.) 1. Mr. Mueller.] Your name is Malcolm Morrison, and you own land at Netherton?—Yes, 149 acres, part of Komata North No. 1. My east boundary adjoins Mr. Thomas's place. 1 have a water frontage on the western front. My place is portion of lal, Lot 2. 2. You are below the creamery?— Yes. 3. Is your land affected by Hoods/—Not to any great extent. This last flood came over the bank. It went off in a day or two. I. Did the last flood do any damage to your grass/ Yes, to a certain extent. 5~ Have you known tha, land for a considerable Dumber of years? Yes, I have been on it since I was ten years old. (i. Have you known it to flood previous to two or three years ago? Not lo the extent it is now doing. 7. You know your father's land? —Yes. 8. And you have heard what he said as to the navigation of the river? —Yes. 9. Can you corroborate what he has said in regard to the land and the navigation ?—Most decidedly. 10. '.Mr. Clendon.] You know the land in the Wharepoua district?—l have heard about it. I I. Are you aware that some of the farms in the Wharepoua district were under water for at least two weeks as a result of the ,907 Hood?— No.

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M, MORIUSUN.

12. You did not hear thai land over there was under flood /- No. 13. You are not far from the Hikutaia Stream/ About two miles and a half. ||. |s il mil a fact that farms along the banks of the Hikutaia Stream have been Hooded more during the last few years than in previous years/ Not that lam aware of. 15. Could you say they have not? —No. 16. The Chairman.] How do you get your milk to the crea,uer\ / By launch. 17. Have you noticed any variation' in the river/—During the last few years the depth of water has become less and less. 18. In the channel itself did you notice any variation? —I have never taken soundings in the channel. Clarke John Veddeb examined. (No. 23.) 1. Mr. Mueller.] Your name is Clarke John Vedder, and you own land adjoining Mr. Thomas's/--Yes: 117 acres, part of Koronae No. :i Block. I have 20 chains frontage to the river. 2. Has your land been injuriously affected /—Yes. 3. Have you suffered loss in the same manner as Mr. Thomas/ I'retty well. 4. How did you get your milk to the creamery/ In a small pulling-boat. 5. Can you'state whether the navigation has altered since you went there/ Yes, by the sides of the river tilling up. 6. Has the deep-water channel become narrower/ —Yes. 7. You have heard Mr. Thomas's evidence ?—Yes. 8. Can you corroborate what Mr. Thomas has said/ -In most things. 9. Mr. MeVeagh.] When did you measure the deep-water channel?—l never measured it: but there is a great difference between what it is ~t the present time and what it was three or four years ago. You can notice it with your eye, without measuring it. 10. Where did you observe it three or four years ago/—lust below my house and Mr. Thomas's. 11. What was the width of it three or four years ago?—l could not give you the measurements. 12. Have you any approximate idea of the width of the channel/ -1 put up the wharl between three and four years ago. and it was 2 ft. in the water at low water, and now there is 5 ft. fully of what they call silt and tailings between t la- wharf and the water. We have got lo lengthen the wharf. The river is narrowing from bank to bank. 13. Have you noticed the material that is causing this narrowing /—Yes. I believe it to lietailings. .., 14. Might it not possibly be something else/ —I do not think so. It is the same as the other stuff that is deposited along the river. 15. How do you distinguish between tailings and Hood alluvium?— One ,s a different colour from the other. 16. When did you take up this land?—l think between live and six years ago. 17. The Chairman.] Who owns the land immediately opposite yours/ -Mr. Moore. 18. Is Ihe river pinching immediately opposite you in the same way as you describe/ -Yes. 19. To a greater or lesser extent?—lt is more so than in front of my house.

Paeroa, Thuhkday. 26th Mat, 1910. Mr. Myers, with Mr. Tunks, said he appeared for the mining companies. CHARLES Dm.son examined. (No. 24.) 1. .1//-. Mueller.] You are a labourer residing at Paeroa?—Yes. 1 have been here for eighteen years. . . .. • , 2. And during that time have you spent much ol your tune on the river I — Yes, a consoler able portion of my time. , - • , ,-„ ~ ■ 3 Have you taken soundings for different parties.' I have been with different parties taking soundings. I cannot remember the first year I took soundings, but ii would probably be about 1895, when Mr. MoArthur became Engineer. 1 Were you taking samples for a company /—Yes. an Australian company. 5 From'your knowledge of the river during the last fifteen or sixteen years, can you state whether the floods now are more severe or less severe than they were/-They are more sever,-. 0 What do you attribute that to?—The tailings are silting up the river. 7 Can you compare the depth of the liver between those early times and the presenl lime/ Yes: there are places where eighteen years ago there was 10 fl. or 12ft. of water, and there are only a couple of feet there now. 't< How far down the river have you, observations taken you/ I used to lake soundings below Kenny's—between Thorp's Bend and the June, ion—in the Ohinemuri principally, and lielow the Junction. . . 9. What will Ik- the effect if nothing is d,,nc as regards the river?—lt will silt up altogether it they go on much longer. ~.»'»• ,i •> v 111 Have you had experience as regards the deposit ol line slimes on Ibe grass J- res, 11. What has been the result of that? You could see it lying on the top of the grass, and it works itself amongst the grass on top of the soil. ... 12. What effect has that on the feed of the cattle' So far as I can see. it injures the cattle. They cannot help eating it when they are eating the grass.

C OHLSON.

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13. How does that affect their milk-capacit v /-It injures the milking 14. How far down the river have you noticed tailings in the sides ~f the river?—As far down as Ihe creamery at .Netherton. It may be further down 15. What effect on the channel has the use of the rive, by ,1,,- steamers made/- They stir ,1 up and keep the channel more open. Every fresh .he sand is shifted : you may find deep water id one Place one tune, and then another Hood comes aud there is a shallow there ' 16. What is your experience as regards the navigability of the river/ -I, used to be navigable a, one time, but it is ,„„ navigable now. I , «f er / ing ,„ „„- Ohinemuri River a the W a,hou lor halt a mile below the Junction. ' 17. Mr. Myers] For what purpose did you take soundings in 1895?-] could not tell you tailing ilThe a Sd b oMnt e ri>:rl 3T """' "" """■" **« "' — ''" >"" «« 19. Are you speaking now of the river below the Junction/ -A portion of it 2(L Ihe,,, according to you, whatever your opinion may be worth, the river as far as you wen below the Junction has been silted up by mining tailings in the bed/ There may be a little Waihou River sand amongst „, but you can easily distinguish .he difference 21. Do you say that during every fresh .he stuff that is on the banks and in the river shifts' No on the bank, but ,n the bed of the river. If there is a big flood they shift from .he bank ml,, the river. will ',">' ''' BiI V S ] T ','"", " X ' ''" ' und *rstand you .„ say that damage «U still happen to the surrounding land whenever a fresh occurs, shifting .he stuff that is now in tne river?—li you do not put any more stuff into it il will not do any more damage 2d. Mr. I lendoii.] i O U say thai the floods have been more severe in the las. few" years- have you compared the rainfall of the last few years?— No. 21. Do you know anything of ihe treatment of tailings/ No. !5- '' / ',' - ]l "'''"■] Do you remember looking f or a section-peg fust below Kenny's? Yes 26. What did you have to do to find that peg /-1 had to dig into the tailings-bed 2,. How deep did you dig?— Probably about 8 ft. 28. I),, you remember what state the river was in in previous years where you dug that 8 ft j I put a peg there about eight years ago. That peg was 2 ft. 9 in. out of the ground, I think' It was about 15 ft. up from the bank. 29. What was once the bed of the Waihou River opposite Kenny's is now Idled „p by a hioanki —res. ' i . rGeobqe Buchanan further examined. (No. 25.) 1. Mr. Myers.] You are chairman of ihe Silting Association?— Yes. 2. How long have you been chairman /-Abou. a fortnight before last Christmas I waselecled d. It is part ot the association s case is il not/ a. this inquiry that tin- bed of the Waihou River below the Junction has been raised by the silt from the batteries of the various mining companies?—l am not aware thai .hey put forward a case. Mr. Mueller slated it for them I. I want to know whether or no,, your association alleges that the river below the June, ion has been silted up by stufl from the batteries? Mos, deoidedly it has been below the Junction Ii is visible. •>. For the case that ihe association makes 1 understand that you mainly rely upon tin evidence ol the farmers who have already been called?— Also on .he evidence of the townspeople 0. Have you during the present year had any examination or investigation made by an engineer or engineers?— Yes, the association has. 7. Who was the engineer / -Mr. Metcalfe, of Auckland. 8. Has your association made any arrangement to call him as a witness / Not as . 9. Did Mr. Metcalfe furnish a report to your association?— Yes. 10. 1 ask you to produce it? —Here it is." [Exhibit No. 13.] 11. Mr. Metcalfe apparently is of opinion that, even if the river-lied below the Junction has been raised, the bed consists of Waihou sands, and not tailings. Do you know if that is bo? I was not with Mr. Metcalfe when he went down the river. The method of taking tin- samples at that lime was by a large jam-tin. or something of the sort, at the end of a long pole It was merely surface sand. They did uot go down underneath ihe surface. There may Ik-, of course layers of tailings aud sand deeper down. 12. I),, I understand that you. the chairman ~f the Silting Association, are challenging on that point the opinion of Mr. Metcalfe, the engineer appointed by the association lo make this investigation?— No. We have only a limited amount of money, and that is why Mr. Metcalfe has not been called to Paeroa. 13. In your evidence the other day you put in a report from Mr. Montgomery?— Yes 14. Why did you not put in Mr. Metcalfe's report at the same time? — ! do not know. William Hbkrt Bmett examined. (No. 26.) 1. Mr. Mueller.] You are a carrier residing at Paeroa?- Yes. 2. How long have you Ik-cii carrying on your present business here?— For the las. fifteen or sixteen years ■'I. In the curse of your business you have to do with all sorts of building-material bricks and lime? —Yes. 1. Did you gel good building-sand in the Ohinemuri River a few years ago? Yes, ten or 1 welve years ago. 5. Have you been able to get any of that sand in recent years?- Not except with a lot of trouble. It is well covered up.

[W. U. EMETT.

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6. Whereabouts in ihe Ohinemuri River did you get this building-sand /—You could gel i. almost anywhere, but the easiest place to get il was at the back of the present butter-factory, and about a'mile from this side of the Junction Wharf. Those were the easiest places to get down to the water's edge with a dray. 7. What was that sand used for?- Mostly brickwork. It was line sand. 8. For how main years past have you been unable to gel il I I do not think there has been any sand got out of the river during the last ten years. 9. Did you get some punt-loads of sand above the Junction in the Waihou/ Yes, within the last twelve months. Most of it came fr Maugaiti, twenty miles up ihe river, which is the easiest place to load a barge. 10. What is the nature of thai sand?—lt is inclined to be t,„, coarse. Generally the trouble is to <'et it tine enough for building purposes. It is all right for asphalt and concrete, and it is used in Paeroa streets for asphalting and concrete. Most of ii is too coarse for building purposes. 11 Did you try to get any sand close to the Junction?— Yes, one punt-load. It used to be a good place to get sand at in years gone by —just a short distance from the Junction in the Waihou | but what I got there recently the architect and builder would not accept. It was hall J^l" 1 "? 8 12. The Chairman.] Who was the architect who condemned it?—l think it was Mr. Bray, Ihe County Engineer, who condemned it. 1 had a contract to supply a butter factory with sand. and I was informed that that sand would not do at all. 13 Mr Mueller.] Why/ —It was said there was too much silt m it. While it was wet it did not appear to have any tailings in it, but when it dried it turned while. It had the feel of sharp sand. We took it at low water. 14. You know the difference between what you call Waihou sand and tailings and Silt»— ies, there is a great deal of difference. 15. Mr. Moresby.] You are used to making roads? —Yes. Hi Do you consider the stuff you took down close to the Junction would make good roads for light traffic?—l am doubtful about that. I think even with light traffic the top would keep cutting up. 17. You know the Piako side of the Waihou River?- -Yes. 18 Is there any handy metal that you can get there for making roads/—No. 19 Do you not think "this stuff would make good light roads in thai country ? Not long since a mile and a half of road was made there—a very good road too but it was not the present sand in the Waihou that was used. The sand out there is a white pumice sand, and makes a good solid road. 20. The sand in the Waihou is good coarse material/ —Yes. 21. Do you not think it would make good roads in that class of country on the other side ot .he Waihou?—l could not say. .... ~, , i> 22. You consider it is equal to the stuff on the railway-line used as ballast between I aerou and the river? —Yes. . 23. Mr. MeVeagh.] When you started as carrier here fifteen or sixteen years ago, how mail) teams did you have?— Probably two or three for a start. ' 24. You began to increase them, I suppose, very soon afterwards?— When the boom-time came along I increased them. 25. How many horses were you running then?— From twelve to sixteen. We took on can \ ing to Karangahake and other places. 26. 1 suppose you were doing eight to ten times as much work as when you started . No. 27. How much more?— About double the work. 28. That continued for some time?— Yes: it was a different class ot work. Ihe work in the town increased very little. . 29. There were more people coming here?—Of course the town was gradually increasing all the time. Ahthuk Charles Hubbard examined. (No. 27.) 1. Mr. Mueller.] You are chairman of directors of the Thames Valley Co-operative Dairy Company? —Yes. ■ 2 You are a farmer residing at Komata? —Yes. 3 I think the farm belongs to your family /—Myself and my brothers. 4 How much land have you got there /--Six hundred and sixty-five acres. 5' Did you have that property thoroughly drained?— Yes, it is fairly well drained. li. Tile "drains or open drains?— Both. I should like to mention that the Komata ( reck is being used as a sludge-channel. 7 The Chairman.] Those drams are all for the komata Creek?—No^ s;' 1/, Mueller ] There is one drain thai empties into the Komata Creek?— That portion of our land below the railway-line is low-lying, and we have tile-drained a portion of the land, and these tile drains lead into outlet drains. The open outlet dram empties into the Komata < reek 9 The Chairman.] Did you put any flood-gates on it?- No. Until about twelve months ago there was always a good outlet through the open drain. We had ,„ clean it out periodically. It the beginning of last autumn or winter, as usual. I let a contract to have it cleaned out. The ...mtractor had made a start on the work when a fresh came along am lodged a deposit of silt in the drain I think that happened about May or June. It was an ordinary fresh. I had to pa, the contractor extra to go over his work and remove this silt-deposit. 10 What did it consist of ?—Mining tailings principally 11. Fine or coarse?-All sorts. You could find some fairh coarse and some fairly tine stuff. 12. Do you think those tailings came down the Komata?—Yes.

A. C. HT'BHARD.J

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13. And not from the Waihou River?— No. 11. Mr. Mueller.] Did he complete his job?-Yes. Shortly after he completed it another resh came, and here wen- more tailings „. the drain. I allowed tha, deposit to remain .here last winter. I had already shifted these deposits twice. Then- is not much fall in that country and il there is any deposit ,„ the outlet drain the tile drains will ~,,1. do their work This deposit m the drain is caused, in my opinio,,, by the water overflowing the banks above, and ids', by tilling m at the mouth of the drain. 15. Was the water overflowing above and also entering at the mouth of the drain?— Yes lb. And that is fro,,: the creek /-Yes. the creek and these drains form three sides of a square M onetime .he area enclosed in .hat square we considered was some of our best cropping-land _ 17. What area was enclosed in the square?— About 50 acres. There was very little apparenl risk „, cropping it. We had no trouble in harvesting our cops. We very rarely had a flood on i. that could do any harm. In January, 1907, 25 acres out of .he 50 acres was in oats and potaloes. Nearly the whole of the 25 acres was under water. Twenty acres of the 25 acres was m oats the remainder in potatoes. The oats were damaged by the water, but the damage was intensified by the deposit of silt lodged in the sheaves. We reckoned we should have about 35 tons o potatoes of. the o acres. We took about 14 tons: the remainder were rotten. We only sold 1 '" l 0 , "" s - We considered we lost about fcliio on the potatoes and £150 ~,, the oats 18. Mr. Myers.] Damaged by the flood /-No, the damage by the flood was intensified by the silt. I would like lo explain that we had another paddock of oats on the same land on high L'loumL It was damaged to some extent. We were able to sell it as chaff. The greater part of Ihe chaff on the area below was unsaleable on account of the silt in the straw. 19. Mr. Mueller.] If was whitewashed?—The silt was right through it 20. Describe the Komata Creek as regards the silting-up ?—When we took over the proper! v seventeen years ago ,t was a beautiful clear stream, with plenty of fish in it. Deep holes abounded in it. The lower sloping bank formed a natural fence in many places. 21. Was the creek 10 ft. down from the bank general!v ?—Yes, but there was a lower stopbank of 2ft. ,„- 3ft, and a sloping bank of perhaps Bft. or 10ft. The slopine- bank always carried good feed. At the present time most of the big holes have been filled up, and the slopins bank ot the creek is covered with tailings. 22. Which came down the Komata?—Yes; that is, for about half the distance down our boundary. They might have come from the mouth of the creek, but the slope is too o-reat to allow many to come up the creek. 23. Do you know when Komata was declared a sludge-channel ?—lt is a query whether it is a sludge-channel. . 24. Was it excluded from the original Proclamation?—The intention was to exclude it 1 have taken several legal opinions on the subject, and they do not all agree. 25. You say that about half your boundary has been affected in this way?—The lower half 26. The Chairman.] Why wis not the upper half affected if if comes down to the river?— There is too much fall from the Komata Peel's battery. T understand there is a fall of about 400 ft. 27. Mr. Mueller.] From the road down to the Junction of the creek with the river it is fairly Hal / Yes. and the creek is affected for a distance up by the tide. There are deposits of silt along the creek to where il is affected by the tide. It comes within 20 chains of the road. 28. On account of that you had to fence?—On account of the holes being filled and the sides changing I had to fence. 29. What is the acreage affected by the flood ?—About 200 acres. -'id. The Chairman.] In addition to certain silt on the banks of the creek above—a small amount ? -The creek will break over above the railway-line. Tt does not do any damage: the water gets away because I hero'is plenty of fall. 31 . Mr. Mueller.] You are suffering from Ihe want of local knowledge on the part of those who drew up the Proclamation ?—Yes. At one time very little damage was done by (he floods: when there was an overflow from the Komata Creek we very seldom had an overflow from the Waihou. 32. Have you noticed what length of time the water remains on your land compared with what used ~, happen?— During the January 1907 flood the water remained long enough on a portion of our land to kill all the grass. 33. Had that happened previously?—No, never. 34. Have you noticed any of the slimes or silt on the vegetation?—T noticed it particularly after th? last March flood. 35. What effect has that had upon cattle?—l have not noticed any effect on the cattle on the portion of the land T am speaking about, but the cattle would not look at the grass upon which the deposit was lodged until sonic considerable time afterwards, when the deposit had washed off. 36. Have you had to remove your cattle?— Yes. frequently off the low-lying portions. That is of late years. 37. You carry on dairy-farming as well as cropping?— Yes, generally all-round farming. 38. Have the floods had any particular effect on your dairy receipts?—We are in that position that if the low-lying ground is flooded we can shift the stock on to the high land. 39. You have a considerable area of high land?— Yes. 40. Can you give us any idea as to what effect the flood has upon the value of, say, that 200 acres?—Tf it were not subject to floods I consider I could make it just as valuable as the high land. 41. And what difference in values is there now, roughly?—T consider that the high land in its jiresent state and the land about the house and the railway-line is worth about £30 per acre 42. And the other land?— About £10.

[a. c. bdbbard.

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43. Subsequently to January. 19(17, did you suffer da,nag,- by floods on your farm?— Not to the same extent, because it came at a different time of the year. H. \,,. there other lands in the vicinity of yours that are similarly affected? Yes, nearer Paeroa and the Natives' land on the northern side of the creek. 45. Have you anything further to say with regard to your own personal damage/ - No: 1 am not making out a case for compeiisal ion or anything like that. 46. You hay,- been here seventeen years, and during that time you have taken an interest generally, and latterly particularly, in connection with this question ?—Yes. 47 'What observations do you wish to make in connection with the matter? I consider thai the fact of the river being silted up is depreciating the value of our property very, siderably. 48 Ire you speaking for yourself only or for the district ? Lor the district generally. pi You have had an intimate knowledge of several other cases besides your own /-I am familiar with liiosl places about here, especially about Paeroa. that are affected. 50 In what way were YOU interested in those other places: did you do any work on them. When we first came here we had the only mowing-machine and reapc,-ai„l-bimlcr .1, the district and all the far rs used to get us to cut their crops. I usually did that work myself For about mi , years previous to 1893 I was in the habit of cutting the crops of Messrs. Buchanan, Cock, Bertelsen, and other farmers. I came from Manger,-, jus. outside ol Auckland, which IS considered a g ood farming district, but I found the crops down here were much better than they were at Maneere Mangere is a highly cultivated farming district. , . ~,..,,. IT Do you remember the nature of the land right adjoining the river / A. that time most of the cleared paddocks about here were on the river-beds, and they grew grass right down to the water's edge. .12. Did you also cut at Mr. A. J. Thorp s?—Yes. . 53 And'now what is the position/ In company with Mr Buchanan I vis,,,-, a lot olthese paddocks subsequent to the flood of March las,. (~, ,„„. „f Buchanan's paddocks where I formerl , ,v there w s after the flood a depth of tailings extending for about 4 Square chains the depos , being from Gin. to .8 in. deep. I also visited Barrett's paddock adjoining lee waß an area there of 3 chains by 12 chains, the deposit being 3 m. and in daces 2ft deep I I. m v its were ma,h the 4th April. A, A. .1. Thorp's place on the Te Aroha Road we fonnd a good 'loal of sil, in the middle of a big paddock we used to cut. he depos,, variedfrorcl 1 in. to ~ in . in depth. It would be very hard to give the area, because there was a dlght depositof .lit over most Of the paddock. There were 12 or 15 acres in the paddock. A ■'■;'' ',;. opposite Bertelsen's. a little lower down. I found a deposit extending ,p-r about 2 acres but the Jl ,le far,,, seemed to me t„ be affected with the deposit. A Mr. B ertelser,is place at thebacko^ the house there was a deposit to the depth of from 2 in. to 24 ~,. In one place Betel „ lug down 1,;,,,, 2 f,'. i-I Z It the same date we took a deposit from the floor of an old shop ,„ the township. These samples have been sent to Mr. Pond for analysis. 54 Does the land about here require draining before it is •^VJS B S3 '-'f';, , intensified farming, and drain it thoroughly. It is heavy lam. By I mean it want s lo be drained thoroughly, and the drams kept open. It IS different to lolling country. When it is in "Tass it does not want any more attention. s iMand that will stand cropping to a great extent/- I have seen, paddocksinJhe Netherton district and they t„ld me that they had taken nine crops ~1 oats oh the,, in succession wt , , Y'.avc taken three crops, and 1 have found the third one eveiv bit a ihe first one. We never have to put artificial manure „,, the land tor our white or straw cops bere They "T,nv too rank as it is without manure. . V Wn,,t is the position now as regards cropping a, Nether,,,,,/ he experience of the Vetbe.-toi, oeonle after the 1907 Hood was that it was not safe to crop their land. 5 Wurtefle rfhasthat had financially upon ~„- farmers? -They stand a great r.skof losing „„. ;,;,',,,. ( ;;.' l t|iril . ~,,,„. and it also interferes with what you might call scientific farming-that ' a, Manawaru there we,, six sales lon this side the, ere fi.9 Vii,, ire often in the township? — Yes. ~„>- ,i , Si Whu-h was the highest II las far as Paeroa Township is concerned / - Lither II ■ that "' M i;i r '\v;:!n did yen take the «» ho. the A ■ of the shop in the township?-On the „h April,

A. C. HUBBABD.]

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certain depresses the value of property in this township. We have got a lot of fine farming country all round here. Paeroa is the junction of the Tliames-Waihi and Auckland Railways and 18 the prospective junction of the Pokeno Railway. 1 consider we should have here one of the finest inland (owns in the Dominion. A short time back some lots were put up for sale, and there was a. little competition for the higher sites, but none for the lower. _ 68. As chairman of the Thames Valley Co-operative Dairy Company, can you give us some particulars of the working of your company?- Our turnover last year was £51,000. We consider the quality of our butter to be second to none in the Dominion. All our butter is exported from New Zealand, and is graded by Government Graders, and the total average grade was made up at the end of the season. For three season's running we have been once first and twice second out of all the factories in the Auckland Provincial District. This year if we are not first we are coming out within a fraction of it. Our average grade this year is higher than that of New Plymouth or Patea Our average this year is D-Tlb: New Plymouth, 9312; and Patea, 934. The totals have not been made up yvt, but we think we shall be first. In addition to this we have won numerous prizes in competitions with our butter. Our output last year was about 400 tons of butter. We export part, and sell the remainder locally. STATEMENT HANDEn IN BY III K CHAIRMAN OF THE THAMES VALLEY CO-OPERATIVE DAIRYING COMPANY. As far as net returns are concerned there is very little between local price and export price; therefore we are not in any way dependent on the mines for a market. We appreciate the market they provide, ami cater for it, but consider we should be able to operate just as successfully if it did not exist. The success of a co-operative dairying company is gauged by the amount they can return to their shareholders for their milk or butter-fat. Comparison will show that other companies who have no local market, but export the greater part of their output, can return to their suppliers as much per pound of butter-fat as we can. Thames Valley Dairying Company, last year, 10-!)8d.; Stratford Company, 10'83d.; Midhirst Company, 11*69 d.; Cambridge Company, I2*sd and 10-(i2,L: Ballance Company, 11-12,1. Comparison of Friers received this Season, since Ist September, for Export and Loral Sales of Butter. Export. —Thirteen shipments, prices ranging from Ills, to 1295. per hundredweight. Quantity, 4,816 cwt. ; value, .£28,509 25.; average gross price, 118s. (id. per hundredweight. Average charge for freight, commission, insurance, &c, 10s. 4d. per hundredweight. Average net return, 2,1. per hundredweight, or 11-55,1. per pound. Returns of four small shipments to come to hand: these will not materially affect average price. Local. —Wholesale price—September and October, Is. Ojd. per pound ; November, December, January, February, Hid. per pound; March and April, Is. did. per pound. Average gross wholesale price, Is. per pound. Deduct 2\ per cent, from this and pay delivery, railway, freight, storage and handling, pounding and wrappers, extra clerical work; take credit risks, bad debts, &c. Wrote off £470, 31st .May, 190!): Principal ones—Waihi Workers' Cop., £140 !)s. 6d. ; other goldfields storekeepers, £110, £5(1, £(i(), £48 respectively. These figures show conclusively that we could carry on just as profitably for our shareholders if no local market existed. Erroneous ideas prevail as to the profits of a co-operative dairying company. Our balance-sheet for the year ending 31st .May, ]!)()!), showed these to be £4,793; but this amount is simply the difference between the amount advanced to shareholders month by month and the net amount realized for butter-fat treated. The business of the company has been increasing, but it would increase much more rapidly were not a great deal of the land on the river-banks becoming so subject to floods and damage by tailings. The average price of butter on the Home markets has been steadily advancing for the last fewyears; to this is directly attributable the prosperity of the dairy industry in this district and the whole Dominion. Total Amounts paid nut to Suppliers 'at Netherton Creamery. Season. December. January. February. March. April. Falling-off. ££"£ ' £ £ £ 1905-6 ... 713 653 520 489 .",87 326, or 45 per cent. l!)(Ki-7 ... ... 1,275 ' 910 574 445 267 1,008, ~178 11)07-8 ... ... 881 883 689 632 522 359, .. 40 1908-9 ... ... 1,098 1.007 782 674 592 506, ~ 46 1909-10 ... ... 1,210 1,042 725 694 522 688, ~ 56 Amounts paid to Individual Suppliers, 100(1-7. Affected by Flood. December. January. February. March. April. £ £ £ ' £ s. <1. £ Fisher Bros 155 108 46 19 8 Adamson, F 47 34 20 10 0 Moore, W 73 47 24 12 0 0 Robinson, I '54 34 21 17 0 0 5 Stock, P. 29 21 12 12 0 0 10 Thomas, J 27 20 11 9 0 0

B—C. 14.

[A. C. HUBBABD-

C—l 4.

Amounts paid to Iml ust rial Suppliers, 1906-7 —continued. Not affected by Flood. December. January. February. March. April. £ £ £ £ s. (1. £ Alexander A. X 47 45 38 43 0 0 35 dJ.exana.er, a. ix..... ._,., Morrison, W. ... ••• ■•• lx ■'•' 1909-10. £ £ £ £ s. d. £ Fisher Bros. ... 118 HI \[ ];] J 0 58 Adamson, F ... 36 36 2 22 6 Moore, W. ... 74 62 40 32 10 Robinson, I. ... 60 52 36 30 16 Alexander, A. X 72 6 44 4b 44 Morrison, W ... 55 42 30 31 26 Stock, R 52 53 35 35 25 Thomas, J. ... ... 44 39 25 23 0 0 1? Total Amounts paid out to Suppliers at Hikutaia Creamery. Season. December. January. February. March. April. 1906 _ 7 345 260 215 22b 208 Falling-off, December-April, £137, or 39 per cent. at Netherton creamery, corresponding period. ,8 per cent. 69. Mr. Myers.] When you took up your land at Komata, was there much bush in the neighbourhood .—Yes, on the hills. . 70 Has much of that bush been felled?— Yes; there is always a quantity being cut. 71. And that process of felling the bush has been going m, for the last seventeen years: Yes. to a greater or less degree. ~,,.- n i t ,i 7" Would you expect that to make any difference to your land?—lt is generally understood that if you cut down the bush on the hills the water will come down quicker. 73." You say about 200 acres of your land was affected : how much ol thai was swamp land when you went there?—l could not give you the exact area. 74. A considerable area has been drained? —Yes. 75 Taking into consideration the felling of the bush and the sinking ot the drained swam], land, do you think those two causes would affect your land to any extent J-The area of swam,, land I have drained is outside the 200 acres that was Hooded It is not the swamp lam It ha is affected. I consider there is sufficient fall off our place to allow that flood-water to get oil it the Waihou water did not back up the Komata water. 76. Your land used to flood—did it not?—before these rivers were proclaimed sludge-channels? 77 Are there any willows in the Komata J—Yes, a good number. 78. Do you think they affect the question at all so far as you are concerned?—l hey do not to the accumulation of silt?_Yes: but there is plenty of silt to be found where there are no willows. ... „ „ „ , ,- t ~ , 80. I suggest to you that they also conduce to the backing-up of the waters?—! admit that is 0 you eyer taken . my steps with a viow t0 nav i n g the willows cut down or removed?- -"" B*2 f DO you not think that the cutting-down or removal of the willows would to a considerable extent reduce the injuries of which you complain?— They would to a certain extent. 83 Do you not' think the three things I have mentioned have a very greal eltecl in producing the iniuries, assuming the injuries to exist? —No. 84 What is it you blame then? What do you say the damage is caused by >.- Ihe damage caused by the llood-wa.ers would not be so great if there was not Silt With it. Ihe fl 1-waters ol -, creek like the Komata would enrich our land if it were not tor the silt. . M Do you not think that if the willows did n„t cause the accumulation of silt you would not have so much to complain of?—I admitted that before. , 86 You have spoken of the falling-off of the receipts o your dairy company be ween 1 -- cember and April: is there not a natural falling-ofl between those months?-Yes. 1 articulars in ti„. fhnires 1 have riven to the Commission. . "' T Mr C/euiilon.] Did v„„ take any steps to oppose the making of the Komata Stream into -, sludge-channel ? At that tin,,- I had no interest in the property It was my ather s p,„,e n. 88 your father take any steps to oppose lb,- Komata Stream being declared a ludge-channei?-He' was under the impression it was exempted. I remember assisting him to draft a Utter asking if it was exempted. SQ When was that? —When the matter was mooted. , 90' Didl your father make any claim for compensation?-No. He was under the impress,,,,, tHat Ol 6 oTSw'come down the Komata Stream with every f, 1 , Yes. Il What is your property at the present time? -Fifteen pounds per acre ,s what "*? *£?£ tie value of it in 1895?-It would be simple a guess on my part. Approximately it would be from £8 to £10 per acre.

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A. C. HUBIiAKD.j

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94. 1 think you sold the property, or agreed lo sell if, a yen, or two ago- | have been trying lo sell it for several years. 95. What price did you put on it then/ —£13 10s. per acre !)6. Can you mention any property in this district the Govel luation of which has gone down since l!KI, ! -I understand the valuation was made in 1907. There has been no valuer round here since then. !17. Was there a valuation last year.' Within the last two years. 98. How did that valuation compare with the previous valuation -An increase. !)!). What percentage?—l suppose there would be an increase of 20 per cent, in our case. 100. Was there any property the valuation of which was not increased?—l have no details of the valuations at all. 101. Within what period was the 20-per-oent. increase? —Between last year and the previous valuation. 1 consider that any increase is represented by improvements—tilling, draining, and clearing. In some cases we paid as much as £2 per acre to have clearing done. There are four men on the property improving it to-day. 102. Outside ihe making of drains, have any of the settlers done anything at all to make pro vision against an overflow of the land by water, except Mr. Bagnall at Turua?—Yes, Mr. Nichols ami Mr. Cooper have. 103. Any one else? —1 am not aware of any one else. 104. Would not a stop-bank ~n your property effectually beep back an overflow from the Waihou? Is there an overflow from the Waihou on your property? —The overflow from the Waihou comes in from that creek at Mr. John Thorp's, and 1 want to stop that ; 1 have to erect a stop-bank In keep the water back on my neighbour's property. 105. You used to go about the district cutting crops: how long ago is it since you ceased generally to do that work. - About nine years. 106. it was about nine years ago that the creamery was established?— Yes. 107. The settlers took to dairying instead of cropping their land.' No; previous to that the New Zealand Dairy Association dealt with the creameries. 108. Since the advent of the dairying industry the cropping of the land has diminished considerably .'—Yes. 109. How long were the oats and potatoes submerged/—Twenty-four hours. 110. That would be quite sufficient to ruin the crops?—The potatoes were ripe at the tiino, and the oats were in stook. 111. What age were you when you left Mangcro?—About twenty: but since then I have been all through the North Island, and 1 have been over some of the best farms. 112. The butter-factory here has never been in such a flourishing conditi is it has reached lo day?- The dairy industry throughout the Dominion is in a vvvy good position at present. 113. How does the condition of Paeroa to-day compare financially and otherwise- with its condition in 1895? —We had a mining boom at that time —wild-cat mining. 114. Mr. Mueller.] You did not cease cropping because of the dairying? —No. 115. How has the price of butter been ruling in London lately compared with ten years ago.' My experience is that we are getting a higher average for our butter in (he London market every year. 116. That has a great deal to do with the success or otherwise of the company?—Of course it has. 117. In connection with the stop-bank which it has been suggested you might erect to stop the water flooding your land, have you any idea what length of country would have to be covered to lie of any use?-- Il would have to be miles long—from the railway-line right down to the junction of the Komata Creek, and then it would have to go up the creek. 118. The water from the Waihou and the Komata join about your place, so that you would have to keep them both out? —Yes. 119. To what extent did the land fl led previous to 1895 compare with the floods now? — Formerly the water did not stay on the land for such a length of time. 120. Did it reach such a height?— There was nothing to back it up at that time. The Waihou River water did not come in in those years. 121. Your land has been flooded because of the Waihou backing up?— Thai is the conclusion we have"come to. 122. The Waihou allowed the Komata water to get away? —Yes. 123. If you cut down the willows on the Komata Creek you say that would probably allow the silt to get away. If so, where would that silt go to? —Into the Waihou. 124. Would tiiat improve the draining-capaeity of the Waihou?—l do not think so. 125. As regards the felling of bush, has there been much felled on the Komata Creek or in that neighbourhood?— There are hundreds of thousands of acres of virgin bush there at the present time. Tukukino Hunia examined. (No. 28.) 1. Mr. Mueller.] You were born at Ohinemuri, and you have lived at Komata about thirty years?— Yes. , •' What interests have you as regards land in this district ?—My ancestors land, 222 acres, Komata North. The stream is the boundary between Mr. Hubbard's property and my place. Fori v acres of mv property is below the railway-line. I have 50 acres on the bank of the Waihou, commencing at the mouth of the Komata Si ream, and running down the river to opposite McKee s, about 10 chains from llangiora. I have a son who is interested in 10 acres, portion of the Huhurauinali Block, one part of it touching the Waihou.

IT. HUNIA.

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3 1„ regard to (he last piece of land, did any one agree to lease it 1-Yes, it was leased but the lessee (Cassrels) has given it up on account of the floods. That land is subject to Hoods and c ~ -w, ci- deposits silt on the land. About 3 acres is liable to flood. In the case ot the Komata lint a gK deal of damage has been done: all along the bank ol the river is damaged, lie years the bank of the Komata Creek was about 7 ft. high. I hat was good land 1 What was grown on it in previous years/-Potatoes, corn, kumeras melons and oats. 5 What can be grown on it now?-Nothing can be grown along the banks at the present time Most 0 it has"slipped into the creek. The Komata Creek a, the present tune is full 0 U„,„t R acres is damaged of the 222 acres, and about 3 acres of the DO acres Ihe water overflows the 40"acres bXwTe railway-line. The 50 acres on the bank of the W a,,,,,,, was all ""T 1 Formerly were there lis), in the Komata Creek/-Yes, plenty of eels and whitebait: but since the mill has been erected at Komata the eels have all been destroyed. 7 V si, water used for drinking purposes ?-Yes j and now we have to drink h, the summer-time the tanks get dry, and we have to go about a mile up the creek and carrj or barges ing up the Komata ('reek ? Yes ; tliey used to come about a mile up the creek. There is not enough water in the creek to, steamers to up now. Some parts of the creek are only a foot deep. •cws '""r is rsssstf st-js =ys ssra sr^s about 8 ft., and when the tide was out aDOUt iv n. leading out to the fe£ are 30 0/sandT, Ihe SB* We'havc'l'ot cmdmmtlly clearing then, ,mt. Owing t0 -w?-S eofit is worth £ 8 ere. a,UI £ HoVmuc/o? it'" cultivated ?_About 100 acres?-The oats were taken out in March, Snd Kb How lift?* did A ?0 r u-get?-AboUt 6 tons. There were about 2 tons good, and the ,TSI rfVole Natives milk any cows?-Yes, and supply milk to the factory. There are twelve , HH ,,/,;;,0de,1/--The cattle would have been in better condition, and the crops would not have lieen damaged. . William Bbttib examined. (No. 28a.) 1. Mr. Myers.] You are a master mariner, and you are master of the steamer " Waimarie I " T l Auckland-Close on tweii, years: " IK,U 4 of ti;r- Waimarie " /-Six feet light-3 ft. 6 in. forward, and 6 ft. aft. S: u!:;:Ld? T we > n *«* on-™* « Olleniuri^ 0 B?wS las about 0 ft. 0 ii.-U.at is, in the after end She only drew 2 ft. 6 in. forward. ""S. H.wiw e , eJ? u»*»r^«h.^ r «^T K „. 6 ai|c| nbm]t |I|o 8. Then you jrere 111 the P«ero» •l» ™ - dj ,„ , ,„.„ „,,„.,. „„„.. tow.rd, light. She ™.o«l■■ -1 - ;.-.;■ „ ,„. sll ,- :,- „„„ ~..,i.„,,. lieU,T £&£>%. 2ft. "s^vTu,""""'"" """""'' ~ "' 10. And you come up the rive,- «. t.r M what. po, --fc P> *«;,_„ ~„■„., „ ;ill Ul „ ,;,,., . rJr£&:£*%£. ""iTnitppS f*hr. a «ef! .-., *~ -*.. .-, s w£TsbiiA^^i:^"asx , != - - - -"'"IV wt.*'™;'™ 0i,,, ~,„,,, to ,lm depftl-lt n,igh, be 6 in. or . little - **>-> ~,«■,„.„,. P ,-o„ y thick fog in the mouth ol the river. difficulty?—lt was a rather ~jl: Sfi « ■ - -«* -»« »"- -' " j e . Dld „„ „ick ~ m coming up the rivort-W. teuohrf the botton a, IV Puke tor,. We were late on the tide.

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II). You used to come higher up the river, as far as the Junction ?— Yes, about six years ago. 20. Why did you cease/ Because the river was getting too shallow in the neighbourhood of Mr. Kenny's, near the Junction. 21. Were there other reasons/—Not that 1 know of. 22. You say that from Te Puke downwards the river is only about (j in. shallower: do you find any increased difficulty in coming up the river/ —No, not as far as Te Puke. 23. 1 mean, do you find any greater difficulty than you found at the time when you first started with the "Waimarie"?—No. 24. Do you find any greater difficulty than you did years ago under the same conditions of tide?—No, not as far as Te Puke. 25. You have known this river and district for a great many years? —Yes. 20. Can you say anything with regard to the liability lo floods in this neighbourhood?—Wo have had floods over the banks some years ago—very high floods. 27. Did you know of high floods in this district prior to 11)07, for instance?—Oh, yes I 28. Do you know of any place near Hikutaia from which people have been in the habit of removing sand for building purposes?— Yes, opposite dyer's landing. 2!). Has there been much sand taken away from there/ —Yes, hardly a week goes past but a vessel takes sand from there. It has been going on for years. 30. I understand that there is some suggestion made that the fishing down the river has been spoilt of late years/ —We took a good number of fish from Turua before the last Court-day. Probably the people who are fishing know better than I do. 31. Is your own fish-carrying trade as great as it was? Since January, when the Warden's Court was making inquiries, we have not been carrying fish. 32. Ip to that time had there been any diminution?—No, not as a general rule. There are not many fish caught in the river. There never have been. 33. Prior to January, used you to see the people fishing, and, if so, in what neighbourhood?— Yes, at Turua. 31. Have they been fishing there since/—There have been one or two boats, but as a rule they do not fish during the winter months. 35. Apart from the little incidents you have mentioned, has your steamer stuck at all in the river?—lt is a long time since I stuck in the river besides the time you mentioned. If everything is favourable we do not stick. 36. Mr. Vickerman.] It is three years since you lost a trip?— Yes, over three years. 37. Mr. Moresby.] The suggestion was made yesterday that you stuck opposite Thomas's?— No, we did not stop. The river fell over a foot when we passed Thomas's. That did not give me much water. The tide was running out there. 38. Since you gave evidence last time there has been another flood: has that made any difference?— There has been a good deal of sand coming down on the banks below Te Puke. 39. That last flood was a pretty heavy one?— Yes. I was not here, but it must have been a bad one. Below Te Puke it i.s pretty bad. A lot of sand has accumulated along the banks down there. 40. Can you say anything about that portion of the river between Te Puke and the Junction?—No, not since my last trip. 1 have not been there even in a small boat. 41. Supposing the river at Te Puke Wharf got silted up, i.s there any other place the steamer could go t,, between Kopu and Te Puke?—No, I think not. I think if we left Te Puke we should have to go right down to Kopu. -12. The fact of the steamers coming up and down the river has the effect of keeping the channel open ?—lt has a tendency that way. Both the " Waimarie " and " Taniwha " have twin screws. 43. These two steamers were built specially for this trade?— Yes. 44. What is the freight to Paeroa and Kopu?—Gs. (Id. (~ Kopu, and Bs. (id. to Te Puke. 45. Is the Kopu freight the same as the Thames?— Yes. 4G. Is there wharfage to pay at Kopu?—Yes. 47. Mr. Clendon.] You can run to Kopu al any tide/ No; we cannot get into the mouth of the river at low water. 48. Between Kopu and Te Puke there are many places you stop at on the river-bank when required.'—Yes. 49. At Netherton is there deep water?— Yes. 50. What is the distance between Netherton, where the wharf is, and Te Puke?— About four miles. 51. Are there any other places between Netherton and Te Puke where you stop?— Yes, when ihe tide is in we sometimes go alongside the settlers' wharves. 52 In the months of February and March I think there is less fresh water in the river than in any other nths in the year/ Yes. 1 think so. 53. Since the establishment of freezing-works at the Thames I think the bulk of the fishermen take their fish to the Thames ?—Yes. 51. Of curse you come in in all weather into the river?— Yes. 55. Have you noticed the effect that a north-west blow has in bringing silt into the mouth of the river?—] would not say that il brings silt in, but it thickens the water very much. 50. Mr. Mueller.] You say that since the last big flood you have noticed tailings on the banks/ —Yew, sand : but not more than before. You can seen it right down both banks as far as Netherton. 57. Do you say that you did not see any before the last flood?— There was a small quantity. 'I here is always a certain amount of sediment on the bank. 58. As far as you can gee, this deposit of sand is in the river along the bank?—lt is right down as far as the water goes.

62

W.SBBTTIS.

0.—14.

59. I suppose you remember the river when there were pretty steep banks.' It has not altered so much below Netherton. Up here it has. 60. From Te Puke down are there not places where there is a fair deposit of sand where previously there was a hank? —Yes, since the last 11 1. _ 01 You have only noticed that accumulation during the last few years?— Yes. G2 Presuming that that accumulation were to continue, and gradually got bigger and bigger, 1 think it would be only the scour of your propellers that would keep it down/—lf it keeps on increasing it will gradually fill up. G3. You would have to plough your way up/—Yes. 64. Right down past Kopu, at the mouth of the river, there is a shallow place/— Yes, there always has been. . . 65. What time of the tide do you usually pass there/ -At the present time, 1 suppose, al about four hours ebb. . . 66 Can you cross that at more than four hours ebb? -Yes, at a little more than that. It is about an hour and a half within low water that there is a chance of sticking there. 67. Can you state whether that shoal is becoming affected at all m later years/—1 do not think so To the best of my knowledge it is not getting any shallower. 68. It very seldom happens that you gel down there too late?— Very seldom. _ 69. Previously, when you came to the Junction, you very often got down too late/—that is so. 70 You know Robinson's place, at Waimarie Hand?— Yes. 71. Is not that getting shallower? It might be jusi on the bank, but there is a deep bend there We run quite close in there. 72 Have you not to go closer there than you used to ,1,,. on account ol the bar extending out at the Waimarie Bend?-No; we always had to take the whole sweep coming round that bend 73, Since you gave your evidence previously your views on this river have slightly altered J— Yes since the last flood. , ~,.., • , . i , . 74. You stated then that above Te Puke the tailings affected the bed oi the river, but below thfti since the las, fl I' I said i, is on the banks of the river There is no difference in the channel so far as 1 know, but the channel might be 6 m. or a little more shallowing on the lied a bit. . 76 So the river has been affected to that extent ?—There is no doubt about it. 77 You know a number of people who own launches on the river?— Yes 78.' They have to travel the river at all stages of the tide and every day !- \es 79. They would know the river pretty thoroughly—the portions they travel ovei /-lhc> Sl "' U flo d lf S< several of those who have launches state that in their experience in the last few years the river has been shallowing ami the banks have been contracting by this deposit, you would not lay that w«• fX?-No; we have not the same chance of seeing it, but if the water shallowed to any extent we must notice it. ~ M 81 For the last three years you have never seen the river at dead low water /-No 82! Within the last five or six years have you nol had the experience of having to lighter some of your caro-o?—Not since we have been coming to To Puke. ' ? 83 ffing up the other day, did you not shallow near the Netherton creame, y-the da, now-have they noi got special water-tanks forward? -Ye b w e'use them. Since we have been running to Te Puke we have never used the , lii i- f,- il, . bin's ,i«e We formerly used then, for trimming the ship. tank 85 at £r. down on the banks of the river since the las, Hood! ~ Ye BG Has the channel been affected in consequence or not?—l could hardly say for certain S?' f understood you to say that, as far as you could tell, there had been no effect upon the channel itself?—No, except you went a long time back. S That is, extending over a period of twelve or fourteen years?-Yes. S! : &ff consists of Waihou River sand or —- y T^Z^^Sr^^\ S the W, arie BemU-Thcre is another very shallow soot between the creamery and Robinson s. i S£SiSffiS£s3Sa£sß*MS» to those places the tide has lifted, say, 18 in. or I tt.

W. BETTIS.J

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98. What is the narrowest width of the channel?—At Te Puke it is not much wider than the width of the ship. 99. What is the width of the narrowest place further down?— There is a place where we have to keep very close to the bank, close to MoKee's. We have to follow where the deep water is. 100. With your twin screws, do you not see discolouration in the water after the vessel'?— Yes 101. What colour?— Just sand. 102. Pretty well the same colour as on the bank? —Yes, it varies. 103. Where do you lose the whitey-blue colour?— When we get lower down, the water gets very muddy through the tide-action. 104. How far down do you get the whitey-blue colour? How far down does the colour at To Puke follow you?— Pretty well wherever you go. 105. There is no real change of colour?— No. There is more mud at Kopu. It is a light muddy colour—a cream colour, very near. Frederick Adamson examined. (No. 29.) 1. Mr. Mueller.] You are a farmer at Netherton ?—Yes. My land is Sections 7 and 3, Block XI. The school is on one of my sections. The area of the land is 98 acres and 100 acres. That land is at Netherton. 1 have two other blocks, one of 70 acres—No. 2—and another of 150 acres. It is above No. 7, on the opposite side of the river. 2. How long have you been there?— Twenty-one years. 3. You carry on dairying?— Yes; before the 1907 flood I was milking forty-seven cows 4. Did that flood affect you?— Very much. 5. How much of your land was affected by that flood/ -'Ihe whole of it. (',. What effect did that flood have upon your cows and your milking cheque?—By the statement which Mr. Hubbard handed in to the Commission it will be seen that there was a big reduction. I had to shift my cows. The flood affected me right into the next season. The flood last September hardly did as much damage, because it was a dead time of the year, but I had to shift (he cattle away. I had a little flood in March, but not quite so bad. 7. How many cows have you been milking recently?— Forty last season. 8. How many could you have milked if the land had not been Hooded in 1907 and last September?—l should have been milking about eighty this season. !). Can you put in figures your loss in consequence of flooding?— Depreciation of land, £400; loss of hay, £40; pigs, £50; cows, £15; stumping and breaking up of 30 acres of land,'.£s per acre; and sowing in grass, £150; loss in milk cheques, £200. 10. You have no river frontage?— No. 11. Where does the water come from that goes on to your land?— From the Waihou River. 12. Do you know the river opposite the Netherton creamery?— Yes, 13. Has that narrowed ?—Yes, considerably. There is a bank of tailings there 26 ft wide and -'I It. deep. I have here a sample taken 4ft. deep from the surface, and a sample taken below lowwater mark, also one taken from the bank. [Exhibit No. 16.] 14. The Chairman,.] This stuff taken below low-water mark—how did you get it?—l reached down below low-water mark with a shovel. The sample taken from the bank was taken right opposite the creamery. 15. Mr. Mueller.] You have been in the district twenty-six years. Can you compare the floods ol years ago with the 11 Is now?— Prior to 1907 we had no floods on my land. 16. You own a launch and you are often on the river in your launch?— Yes. 17. What has been your experience as to the shallowing-up of the river?— There is shallowingup m some places Places where you used to be able to get along all right at one time you ran hardly drag along now. 18. You know Mr. John Morrison?—Yes; he has 170 acres on the Ahipukahu No. 2, opposite my land, the block the school is on. 19. What can you say about Morrison's land as regards flooding?—lt i.s a high piece of land I never saw it flooded until the 1907 flood. 20. In that flood damage was done to his property.?—He lost the biggest part of his cows through starvation —having no feed for them. 21. Do you know how many cows?— Not exactly: eight or nine, I think, and also two calves. He lost the milk of his cows. He was milking thirty-two at the time. 22. Did he suffer in the 1909 flood?— Yes; last September. 23. Did he suffer in the flood of March last /—Yes, more than I did ; but the water came a different way that time. 24. Did he have a part of his land resown ?—Y'es, he had to resow it. I have never known Ins laud flooded until 1907. 25. Mr. Myers.] Y,,,i say you lost £40 in hay—destroyed or carried away by the flood ?—Both 26. Pigs, £50: how many pigs?— Forty or fifty. They were not all drowned. 27. How many cows?—l lost three cows from starvation. 28. Was there any special object in preparing these figures?— Simply to give the Commission an estimate of our loss. t v 29 ,' J Y ° U haVe got down here ' " Stum P in g 30 acres of land " ?—lf it had not been for the flood 1 should not have had to stump that land. The flood killed the grass on the land, and I had to stump, plough, and sow it. 30. Would the stumping reduce or increase the value of the land /— It would increase its value. 31. You have 148 acres altogether?— Yes.

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32 How long have you owned the whole of that land/-I have not owned some of it very long w, 33 i^lcrw l ;::uch'::f• in';:,.. y *u ; „ ,i, ,1,,, ,„■ *. mi ■ 1. t«««*. m, 7 ami n aces. 31 What is the length Of your lease.'- -Fourteen years for the 70 acres. Si ~2 tLMlcres after the fl Of 1907?-The Cover nt valuation was £'.) an acre. 37 What is your valuation/- About £10. 38! What do'vou value it at now ! I would not care to take less 39 What did you value it a. in 19061—1 l should have been worth about £18. 11l What was the Government valuation then?—l do not know. 41. So you honestly suggest thai it has decreased £3 per acre ,n consequence of the 1901 1 V..s bee,,,<■■ i, is only weeds and rubbish now. H^T^^ meiit put in, Exhibit No. 17.] ~ ,t, ~,.„ a „ 0 44 Mr. MeVeagh.] When did you get your launch /-About three years ago. 15. Just before the 1907 flood/ Yes. 46 Do you run her yourself ? —Yes. II- S£. h ££3fi; £S,»i y ,., to, „„,-, -» *<™.*■-- '•*■ " ,v,, ;;:M-:,i":.u:r;i;:"w:;;:;'..< - ~ -•» - >■ - - h ""•"• "■ "*' l eaBe ?-lseven years for the 150 acres. 50. Is thai at £30 a year?— Fifty pounds. a- zr tJZttt&S&ZXZ :: s- — - "*• ■ - -■«■ - m^.t. c ;ri"'-ii,,,,-'™;,l:'™.'"' , f', „..- «-»>., -n-i*- «.... - .■ •■ Piako. . ..„-»! 54 Did you go out to examine it?—JNo. 55 Did You go out in the Awaiti direction!—H-s. s(i. Wheii/—When the flood was on :,7 When the whole countryside was covered with water ! Us. 58 1 think it was coming from the Waihou River for ™1«»-«- Y--59 How long have you been at Netherton /-lwenty-o„e years. 1 1 Srsft=Att tsws- — " Wft 6s". And you cannot tell why that is?— No. :;,■ — ■ 08 Before the In, commenced?-l could not answer that ft - H - - grass 1 had on it. , further land?—To grow flax. I could 71 After that bitter experience why did urn tab, up turtnei &f2£!22£2l?&S£. t ZZ&- *- -■ ■ ■ ""••- ..-No- -.... 81 r*e CActrmon.] I suppose by the wainou rwvei . tt^B2% J r Un S«-.] The September H 1: where did that water come from ?-Fr„n, the same Pll '% M,d the 1910 flood-las, M arch/--That came from the Puke way. I did not suffer very mU Vj.7htSla & irtn.] On which of these sections is your house?-On the 98-acre section, near tiiAwaiti hagoon and fro.the ££■£ to my and. ,ft ~,.

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Ai.kheu Kenton Alexatjdeb examined. (No. 30.) 1. Mr. Mueller.] You are a fanner, residing at Netherton/- Yes 2. You are chairman of the Netherton branch of the New Zealand Farmers' Union'—Yes 3. You own land at Netherton?—Yes, a little bit below Netherton : 323 aces. Te Iringa-o-I oron Block. b 4. You supply milk to the Netherton creamery?— Yes. b flood?' 1 " y ° Ur land beeD afieoted floodin fc r and b >' silt '^—Not by ihe silt; it has been affected G. Have you a frontage to the river?— Yes. 1 have a wharf there which I erected about three years and a half ago. 7 What was the state of the banks at that time?—Thev were all soft mud I had to wear gum boots to put the piles in. 8. What is the state of the bank now at the place where you wore gum boots'—lt is firm 9. Can cattle walk on it?— Yes. 10. Could they have walked on the bank at the time you erected the wharf/- Not without getting bogged. 11. Your wharf is below Netherton?—About two miles below the Netherton Wharf 12 Roughly, how far are you below Te Puke Wharf/-I should say from nine to ten miles 1.5. Years ago was there a bank below your wharf that was used for any special purpose?— Yes, there was a bank of sand. I have seen settlers taking sand away for concreting purposes It was called Deputation Snag or Bank. ' J _ 14 How far below your wharf would thai be. roughly?—! suppose (J or 7 chains It continues for about 20 chains. 15. Do they use that now?— No. 16. Why not?— Because the tailings in it makes it absolutely useless for that purpose I l. The Chairman.] Do they take it for any other purpose?— No. 18. Mr. Mueller.] When you went there, what was the nature of that bank '-It was all pure river-sand. If you stood on it you could work into it to a certain extent, but you cannot do that now. Now it is firm. 19. Do you own a launch?— Yes. 20. You use it yourself?— Yes, practically every day of the week, and at all stages of the tide. 1 take my milk to the creamery in it. The launch draws 2 ft. empty, and about 2°ft 10 in when loaded. 21. About how long have you been using your launch on the river?— About two years and eight months. 22. Previous to that, did you have anything to do with a boat on the river/—Yes, I took my milk up in a flat-bottomed boat for about fourteen months. 23. From your experience of the river, what is the position with regard to the navigation?— It is getting more difficulty every day at low tides. 24. Do you keep your launch at the wharf?— Yes. 25. What depth of water have you there?— About 4 ft. There was a little more before I had the launch, and up to the last twelve months there would be about 4 ft. (I in. ; but now there i.s about 18 in. to 2 ft. of fresh water in the river when it rises. 26. From that point do you find it easy to get into the channel? No. 27. The end of your wharf is not in the river?— No. 1 have about 25 ft. from the wharfI have to go towards the western bank in very low tides. 28. Since when have you noticed that shallowing?— Since the September flood in 1909 practically within the last six months. 29. Was any of your land flooded during the last flood ?—Yes ; the river broke right across the bank at the Waimarie Bend. 30. How long was your land flooded ?—lt was ten days before it all got away. and what did not run away soaked through. 31. Mr. Mitchelson.] How long was the Waihou River bank-high? You say it was on your property for ten days?—The property is lower at the bank, and it takes some considerable time t,, get away. 32. Are there no drains through it?— Yes; but the drains were full up. 33. Mr. Mueller.] What effect did the last September floods have on your cattle?—The floods destroyed the pasture for months, and it meant that I had to either sell the oattle or keep them to starve. I sold some of them. 34. Other'people were doing the same at the same time?— Yes. 35. Can you estimate the damage you suffered in the matter of cash?—lt would be a hard matter for me to estimate my loss. T lost the grass, and I did not resow because T had not the money, and I had to take the chance whether it would grow again. The loss in growing-capacity of the land is such that I cannot estimate it at the present time. 36. Have you noticed the bottom of the river, in your navigation up and down, by poling? —Yes, I am constantly poling to find the deepest water. 37. What can you state about the bottom of the river? It is practically hard. It is very firm in places, and in other places it is not quite so firm 38. Do you remember producing the report of Mr. Aston, chemist of the Department of Agriculture, when a previous case was before the Warden ?—Yes. [Department of Agriculture : Annual Report, 1909: Chemistry Division. B. C. Aston. Chief "Chemist to the Department Pages 459 to 464.1 39. Mr. Tunks.] You have told us that this deposit of tailings is now useless. Since when have the settlers ceased to use it?— Within the last two years,

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40. Mr. t'lendon.] Was not the effect of the 1907 flood to materially alter the bed of the stream in many places? —I could not say. 41. Are you not aware that settlers at Hikutaia suffered as a result of the flood of 1907 just the same as the settlers up hero did J —Not that I am aware of. 42. The Chairman.] Where do the settlers get the sand from now to do concrete and other work I—They1—They generally go down to the bank at Cryer's Landing. 43. Do they get any from any place above that?— Yes; there is another place about half a mile above that. I have seen scows loading there.

Paehoa, Friday, 27th Mat, 1910. Thomas Nepean Edward Kenny recalled. (No. 31.) 1. Mr. Mueller.] You wish to make a statement concerning an old photo, you have found?— Yes. I believe that in my evidence before the Mines Committee 1 stated that the island at the junction of the Waihou and Ohinemuri Rivers commenced to form somewhere about 1884. Last night I found an old photo, taken by myself, not before 1888 and not after 1889, which shows that at that time there was no trace of the island there. The matter I referred to in the Mines Committee's report, questions No. 1, on page 21, and No. 29, on page 23. 2. This old photo, was taken by yourself? —Yes. [Exhibit No. 18.J 3. Can you show the exact position on the map where this old photo, was taken from, and what it is supposed to represent?—lt was taken in the Upper Waihou, above the junction of the two rivers. The low point is the point between the Ohinemuri and Waihou Rivers. 4. Was the island that is marked on the present maps at all in existence when that photo. was taken ? —No. 5. So that at the time that photo, was taken there was absolutely nothing where that island is marked ? —Absolutely nothing. 6. Here is another old photo, you have found that was taken by yourself?— Yes. [Exhibit No. 18.] 7. What does this represent?—The steamer " lluby " lying at the Wharf Street Wharf, at Crosby's Hotel corner. 8. Do you know the date at which that was taken?—No, I cannot remember. 9. The Chairman.] What were you standing on when you took the photo.? —On a sandbank just above the island —a place where people went picnicking. 10. Was there any water behind you?—No ; the sandbank was on the bank itself. 11. Can you draw a line on the plan showing the centre-line of that photo.? —Yes. [Witness did so.] 12. Mr. MeVeagh.] You remember I asked you about the big flood in 1898?— Yes. 13. I have here a printed newspaper-extract taken from the New Zealand Herald of the 24th June, 1898. It states, speaking of the Ohinemuri River, " The river now rose very rapidly, and the noise of the angry torrent could be heard a long distance off. Soon the old wharf and the Railway Wharf were covered, and the river broke its banks at the Esplanade and near Mr. Forrest's timber-yard, so that the town was completely flooded. Belmont Road, from the Royal Mail Hotel to the railway-station, and thence on to the Puke, was nothing but a vast sheet of water, its depth, as it rushed down each street, being from 12 in. up to about 3 ft. or 4 ft., that being the depth of water near the railway-station." Is that a correct account of that flood?—I cannot say 14. Have you any recollection of the place being flooded to such a depth?— There have been frequent floods'on the Belmont Road—any number of them. 15. It is stated to be from the Royal Mail Hotel to the railway-station ?—Yes, and often water comes up there from the Wharf Street drain. 16 This water came across at the properties of Messrs. Porritt, Coote, and Cochrane, because this extract proceeds, " In the afternoon matters took a very serious turn for the upper township populace, as the river, which was then carrying a full complement of water, was backed up by the tide, and, as a consequence, overflowed its banks in several places. The first point where the water broke away was near the fine premises of Messrs. Porritt, Coote, and Cochrane, and in a very short time the newly laid-ofi grounds of Messrs. Coote and Porritt were entirely under water—in fact, boats were taken right across the main road." Do you recall that?—No : that happens in every flood. In almost every moderate Hood you find 2 ft. or 3 ft. of water near where Mr. Porritt lives at Buchanan's Bridge. You will also find the lower town flooded when Paeroa is not. . 17 Has that not been always so during your recollections?— From hearsay. I have never crossed over in a flood. But that was a big flood, and Ido not recollect whether I was up or not. It came very rapidly, and rose very rapidly in the Waitekaun. 18 It further states, "Fences were washed away by the flood, and nice gardens destroyed. and looking over Paeroa from the firebell-tower and Primrose Hill, scenes of greal devastation were to be witnessed everywhere "?-You can see that in almost every flood now. and I should not be a bit surprised if it was so then. 19 The report states, "The families of Messrs. Saunders. Knowles, and Bush had to n, removed by means of a boat, and when it is stated that when Mr. Saunders's wife and family were being rescued from the house the boat passed over the top rail of the fence, some idea may be fathered of the depth of water in that neighbourhood?-That ,s straight across the river, adjacent to Mr Niccol's property, and that has always been subject to floods. Several people have had to

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shift from there on account of the water getting into their houses, and not in exceptional floods either. 20. The report further states, " All the out-districts have been completely cut off, and none of the coaches arrived here to-day, with the exception of a buggy carrying mails from the Thames. The conveyance was pluckily driven through by Mr. A. Crowther, who had several narrow escapes along the road. Mr. F. Dryland also essayed to drive Mr. Short's big coach through to the Thames this morning, and eventually reached Puriri. He then saw that the bridges were simply floating, and, in oonsequenoe, he turned back. He informed me that Hikutaia was in a fearful state of flood, ami the horses were almost swimming ill front of Mr. Scott's farm." Do you recall all that?— Ido not, but still it was a very severe flood, because it came down very rapidly. 21. In substance that report does state what was the fact, that there was a very large flood about June, 1898? —Yes, an exceptionally severe one for a short time. Mr. Claude Purchase told me that the Waitekauri Creek, where his house was, rose 20 ft. in twenty minutes. Mr. Purchase was a surveyor, and resident there. 22. That accounts also, I suppose, for the Ohinemuri rising very rapidly here: you would expect that? —Yes. Mr. Purchase's idea was that there had been a cloudburst up the Waitekauri Valley. 23. Mr. Mueller.] You know Tarariki and Dohertv's (reeks, between here and Karangahake? —Yes. 24. Are these creeks crossable in even a comparatively small flood? —I do not know about Dohertv's, but 1 know Tarariki is often not. 25. Would the water coining over by Porritt's or Coote's, or at Buchanan's Bridge, come through the tow nship /- Not necessarily. If it got to a certain height it would come in below from the river, but not down the road. There is high land between Porritt's and the township. Ashek Cassrels examined. (No. 32.) 1. Mr. Mueller.] You own land on the banks of the Ohinemuri River?— Yes. 2. Where is that land? —1 have about 14 acres at the Junction. I have about 427 acres on the Mill Road on the Ohinemuri —Piraurahi No. 1 and No. 7; I have another piece of land higher up towards Paeroa, called Koromatua, and some others, about 67 acres in all. I have another little block of about 12 acres in all, near the railway-station. List compiled from Flan (Exhibit No. 20) of Land near Paeroa owned by Asher Cassrels. —Near Junction: Ouekaharau, Ba. 19p.; Huepakari Nos. 1 and 2, 6a. Near railway-station : Opatito No. 2, 7a. 3r. 27p.; Momonatui, 3a. 2r. 26p. On Kuaoiti Stream: Te Manuka No. 2, 24a. lr. 26p. ; Koromatua Nos. Ia and 2a., 33a.; Pukateawainui No. 1, 4a.; Ngaruawahia, 3a.; Papaturoa No. 9, 3a. On Upper Waihou: Piraurahi No. 1, 382 a. 7p. ; Whiunga, v4sa. 2r. 12p. 3. What has to be done to bring that land into cultivation and use?— Some of it, near the Junction, has been in cultivation for a good few years. It is in grass. As to Piraurahi, formerly 1 could not do very much liecause the title was not completed, but since ihe title was completed a certain amount of trouble commenced, because water used to be on the road and lodged there. A few years ago I gave the County Council authority to cut a drain through into the Ohinemuri on the condition that they put in a flood-gate and put a bridge across the drain. The flood-gate was put up after a certain time. Between the time that they made the drain and built the floodgate we had a heavy flood, and it brought in a lot of silt on the land and road. That would be within the last three or four years. After that the flood-gate was put up. 4. The. Chairman.] What is a satisfactory flood-gate from your point of view? —I am no engineer, but, anyway, the last flood took the gate away. 1 was going to put in a large drain about 8 ft. at the top and 4 ft. at the bottom and as much depth as I could get —about 3 ft. 6 in or 4 ft. But when 1 saw tin- Hood-gate washed away I came to the conclusion it would be no good. The reason is this: If it was all ploughable land it would be bad enough for the silt to come on it, but you might manage to plough it in: but, as most of our land here is alluvial, if the silt once conies in to any thickness you might as well say good-bye to the land, because you cannot plough or top sow it. The silt will not take any seed: they do not like one another. I might say my land would have been all covered with silt if it had not been for the scrub growing there which arrested the silt. 5. Mr. Mueller.] What is the value of the land? —If there was no trouble with the silt I think as farming land it would be worth now, in the rough state, £10 per acre. I know an Auckland agent told me he could get me that price for the land until I told him of the trouble with the silt. 6. Do you know any land that was sold at that price?—l know land sold some years ago not very far from it at £10 per acre. 7. How long ago was that? —About twelve years ago. 8. Can you show us the section on the map?— Yes, it is Kaipakakohi. I may state there was no road on the map in those days. I). In (he 1907 fl 1 you lost some special amount?— When talking about floods I have been in many floods here, big ones and small ones, but in early years the floods from the Ohinemuri only lasted twelve hours. Ihe tide would back it up, and as soon as the tide went out you could get across. The Waihou floods lasted a little longer in a north-westerly wind. But of course these Hoods used to do some good, as they brought down a good alluvial deposit 10. But coming down to the 1907 flood ?—I was then an unfortunate farmer, but I did not farm the land myself—l had some one with me. I had about 7 acres of oats on my Koromatua section, which was all cut and stacked and ready to put in the loft; but the flood came and took it right over the fence.

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11 How long did that flood remain on the land?—On the most of my land the flood went off in about twelve hours, but on the low-lying land it stayed a fortnight. It was in the middle of the 12 Can you est,mat, your loss that was directly caused by the 1907 flood (—1 have every confidence that £150 would not repay me for my losses in that one flood. Of course that piece ot land was most exceptional land. It is nearly the pick of Ohinemuri. After the water subsided 1 could do nothing with the low-lying land until the following year, when it was put down in grass 13 1 suppose you will confirm the evidence that has already been given by other witnesses in regard to the floods'of 1907, 1908, and 1910 bringing down silt which used not to be brought down before? —Yes. . , . . 14 And you know the evidence that has been given m regard to the siltmg-up ot the river, and you confirm that evidence.' Yes: 1. came up in 1869 in a big vessel, and she came up as far as Pereniki's Bend. . . ~ 15 You might tell the Commission the history of the cellar in the < ritenon Hotel?—the old plaoe was built in 1875, anil it stood until 1896. During that time I had a cellar dug in the -round and whenever (here was a flood the most water 1 had was about 12 ill. on the floor in the winter-time, and it used to stay at the same height with the river. But 1 was surprised to see in the last flood, which cam,- in March, that the cellar was nearly full of water, and it may be there still. You can see the silt lying on the second step down in the Criterion. I have never seen water in my life there before the hist flood. 16. When was thai cellar concreted? —In 1897. 17 So that prior to 1910 that cellar had not been flooded/- Not to my knowledge; and 1 have been in Paeroa the whole time. 1 might also say that in the early days there used to be a drain to take the water frmn a creek that ran from the swamp to the domain. When the dram was filled in, a culvert was put in to drain that water off, but now there is no trace of that culvert to be seen It is quite buried. Also, in the old bridge 1 used to be able to see certain of the lower bolts at low water, but now they can never Ik- seen because the river has risen at the site of the 18 S The Chairman.] How many feet has it risen there?— Right through from the Junction about nine miles 1 consider that on an average the river has risen 6 ft.—some places higher, some places lower. , . . , 19 You imply that is principally tailings/—Yes. About 1902 a gentleman who had some interest m a silting claim told me he heard from a captain that there were 9 11. of tailings at the bend Since then i c tailings have been put in, .so Ido not think 6 ft. is above the mark. 20. Mr. Mueller.] In 1901 did you have some correspondence with the Government on this ouestion?—Yes; this is il. [Exhibit No. 21.] 21. Mr. Myers.] It comes back to this: that in the 1907 flood you believe you sustained a loss ~f £150?— Yes.' , 22. I suppose that every Hood which absolutely covers a property means temporary damage, at all events, to that property? —To a certain extent. 23. You have referred to the Criterion Hotel—you own that hotel I—Yes. 24 Is that worth as much now as it was in 1907?—0f course it is not. 25 Do you attribute that to the flood or to the drought?—Of course it has depreciated, as any property of that description must do when a district carries prohibition. 26* Mr Clendon ] As an old resident you are aware that the willow-trees have increased in size and number during the last ten years/-Thank God they did I If it had not been tor the willow-trees the whole country would have been ruined. . 27 You do not attribute any damage from the floods to the willow-trees (—1 do not. 28 Your property thai was principally injured was the farm below the railway?— Yes. 29 \r,- then- no': a number of drains coming down the Te Aroha Road which rise very rapidly when there is all I, and the water goes across your property? A big proportion of the water which submerged your lands came down from the hills?— Yes. 30. It did not all come from Waihi?—l should not like to say so, but the silt came from Waihi anyW 3 Y.' Did you take any steps at any time to prevent your land from being flooded?—l think nature has done it for me. . 32 Apart from nature, what have you done! —1 have drained. 33! You said the water remained on your property: is not a port.ol, ol your property an old kahikatea swamp, full of holes and stumps?—No, it is not. 34. This last flood that filled your cellar rose very rapidly /- I was not here, but I saw enough of it when I returned. . , 35 When did you acquire the freehold of this Junction land I In 1880-odd. 36' Would you' mind telling us what you paid for it per acre/ -I paid as much as £40 per acre for some of it. There are 14 acres in the block, and it was acquired at different times. 1 could hardly tell you now what 1 paid for the lot. , 37 You spoke about the river-bed being raised: you have never personally examined the river-bed? —No. Haora Tareranui examined. (No. 33.) 1. Mr. Mueller.] Y,,u are a Native chief of Ohinemuri?—l am one of the chiefs of this tribe, and I have large interests in the land here. 2 Has your land or the lands of your tribe been affected by the floods and silt?— Yes. 3. You remember giving evidence in Wellington before the Mines Committee?— Yes.

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4. Do you confirm what you then stated in Wellington ?-Yes ; but I wish to explain a little more, because I do not think I then gave all the facts I should have given 6. What do you want to add to that evidence?— One new fact I would like to explain to the ( omm.ssion is that in previous days I used to be able to crop my ground for about nine years in success,,,,,. Now I cannot crop the ground more than two years. The reason that has happened is .his: At the present time you cannot see the sand and silt in the grass until it is ploughed up, and then when ,t is dry ~ blows up in a dust. My land previously was never covered To any extent In floods but a the present tune it is pretty well all covered by floods. Last time the water came i ight ii], .„ my house, which is the first time I have known the water to come up there 6. And since 1907 when you gave that evidence,, have you and the Natives suffered serious damage?—lhe Natives have not gone in for cropping so largely as they used, because if they did it would only be waste ot time. In previous years I used to crop very largely mv own place I cannot do that now, because it seems a waste of labour owing to the floods ' 7. Do y,,,i remember the Natives of the Ngatitamatera Tribe petitioning Parliament in connection with this matter/-Yes. It was about two years ago. I cannot remember the exact 8. Is this a translation of that petition?—Y'es. [Exhibit No. 22.1 9 What was stated in this petition was the Native case in connection with this matter '- Yes 10. Mr. Moresby.] Since you gave your evidence in the House in 1907 do you consider the Hoods are worse ,„ more frequent?-Si.ice 1907 or a little previous to that the floods have been more frequent and higher, and larger. There is a place called Makomako, and in the late floods the water overflowed there for the first time in my life. It is on the Moananui flats. lam speaking for the people at Moananui. v ~ 11. Are they able to crop their lands now?— Yes, they are able to do so. but we find it useless because we cannot get any benefit from the crops. 12. Mr. Tunks.] To what extent did the water in the last flood overflow at Moananui Flat?— I cannot say, because I did not measure it. The whole land was covered 13. Did it go across then towards the Te Aroha Road —Yes. It came along the railway-line across the road down to the Waihou. Paora Tiunga examined. (No. 34.) 1. Mr. Mueller.] Do you represent Native tribes?— Yes. 2. In what part of the district do your tribes own land?— Some of my tribe have interests in the hangihapara Block, which is situated below the mouth of the Ohinemuri River It is below ihe Hape Stream. 3. Do you own land near the big Waihou?—Yes, Te Awaiti No. Ia and Waihou West No 4 4. You know that land between Waihou and the Awaiti Creek? Yes. 5. In time of flood can you tell where the water comes from which flows down mar Netherton 1 —1 roni the Ohinemuri: The Ohinemuri overflows first of all, and then the Waihou water comes down and helps it to go down towards Netherton. 6. The Chairman.] Does any part of the water get over from there to the Awaiti Stream? —Yes. 7. What did the Natives know of the issue of the Proclamation declaring the rivers to be sludge-channels—did they get any notice?— There was no notification to the Maoris- but on that notification being made Sir Donald McLean said there was to be no infringement of the Natives' rights. 8. In what year was that/-When the goldfield was opened. He also said that the Natives were not to infringe on the goldfield rights. The miners were also to be allowed freedom to eel timber tor fencing purposes. Mr. Mackay conducted the proceedings. 9. You have heard what Haora has stated in evidence?—Y r es. 10. Do you confirm what he states?— Yes. 11. Mr. Moresby.] You lived for many years on Awaiti No. la?— Yes. 12. Is that land quite close to the big lagoon?— Yes. 13. Is the land on which your whare is situated at Awaiti on the high ground I—Yes 14. Is there a high ridge of land which runs along by your house for some distance?— Yes 15. Have you ever known the waters of the Waihou River to come right over the hi«h ridsre of land into the big lagoon /—No. 16. Is there a road which comes from Kerepehi to your kainga?—Yes; it was an old road that .Mr. Mackay declared a public road. 17 ; Does that road traverse the high land between your place and Kerepehi/- Not all the way. The length of the road goes along the lower parts after it leaves my place. i J,*- *, Wha< P ortioll of the Awaiti Stream do you say the waters of the Waihou go into it?— In 190, the waters from the Ohinemuri and the Waihou overflowed the whole of mv land at Awaiti No. la. 19. But it did not go over the place where your kainga is?—Y'es, right over to the Awaiti and then from there it went towards Netherton. 20. Do you remember, when the flood was at its highest, Chief Judge Seth-Smith and Jud-e Mao< ormack going on your land?— Yes; that was in 1907. We had to convey then, in canoes to the paddocks. 21. At the time of that visit was not the land quite dry where your house is?—No; it was all under water. Only Wani's place was dry. 22. How far does the tide come up the Awaiti Stream?—lhe tide raises the level of the Awaiti about a foot. For about a mile past my kainga it is tidal, and then it spreads out to where the lagoons are.

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23. How far up the Waihou does the tide go?—The Waihou is tidal as far as Maugaiti. The river is tidal, but it is not noticeable on account of the current. 24 Mr Clendon.] Did you not hear from your friends in the year 1895 that there was a notice in the local papers stating that this river would be proclaimed a sludge-channel I—l did not hear that. ' , . , . . 25. Does not the road from your kainga to Kerepehi run along the bank ot the river (— les that is, the old road. . ~ , „ 26. Is not that road under water from the end of May until about the beginning of October I Yes. 27 This lagoon you have told us about runs north and south?— Yes. 28 Is there not a little stream coming down and feeding that lagoon from the southward, parallel to the Waihou River?— Yes, but it runs into another lagoon in the tea-tree. 29 And that lagoon overflows and fills this lagoon ?—Yes. 30 The Chairman.] What is the height of the high land on which you camp between Awaiti on the west and Waihou on the east?— About 5 ft. or 6ft. or more. It had a width ot about a mile, and is about three miles long. 31 Is there a low place at the south end of it?— Yes, at Maugaiti. 32. What is the height of that low-lying land at Maugaiti ?—ln some places it may be o it. and in other places less above the water-level. _ 33 Mr Clendon.] Were you at Awaiti on the 14th of this month/— Yes. U. Did you notice two streams of water at the flax-mill overflowing from the Waihou in the dir^rThere\ a i is\ ? i7oHier stream overflowing on the Waihou between there and the Junction, was there? There was another stream, Tuawhati. . 36 Mr Mueller.] Have you at any time seen the water from the Waihou overflowing toward V w aiti at a point above Tirohia where there is a bit of a cutting on the road /-Yes, I have seen that drain overflowing, but that water does not reach Awaiti. 37. Where does it go to?— That water perhaps goes over towards Waitoa. James Mackat examined. (No. 35.) 1. Mr. Mueller.] You have been in this district for how many years (-1 have known this district since January, 1864. 2 You have heard the evidence given by Haora and Paora as regards ihe Native race/-res. 3 Is there anything you wish to add to that as regards the Native race?-lhey did not describe the losses that other Natives besides themselves have sustained. 4 Cayou simply state that you know of your own knowledge that the other Natives have sustained \oJZ-Zl very great Lses, especially the Natives close to here on the other side of the Tl's there anything further you wish to add as regards the Native race'/-About the boundary £*££= Stfg La. , „.„„,, --*•-& £TM for the goldfields vvouhl open ,1 he rest, anQiney • j Government would be those that the only lands winch would be used « settlements on the banks of t Cl Oht^uSVJ3de t the the goldfields ceded. ..cause i, only came to Maokaypurposes was never mentioned to the v i f N, , ,I 0, , arv 1 put a clause in that the Crown should have the right to use the 0| myself as well as the Nat. . c « CommisSu because 1 have taken a great interest in the '-lo I ' Wha, is your knowledge as regards %»^^ __So far as my family is concerned they have not *\£^ t of the Waihou, because tti?X^f^^^* eAt - and stii "" there until they *"' jLSfi and falf down into the water. We lost seven crews flood n . The Chairman.] Is that flood dueto the sil «toM*£j-JJ ~,„ flood from the sill , 0 f the Waihou is caused by the waters th a.n > a^ravated by the silt. We , UliC t,o„ up to is II has narrowed the river and SStX S*£ it took two days of solid rain to make a flood. now we get a flood in six hours.

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12. You knew the Ohinemuri and Waihou Rivers before there were any willows?—No Ihere were a lew willows at Mr. Thorp's. I believe his father ,n coming from Home brought them from .Napoleon s tomb. ° 13. Excepl these few at Mr. Thorp's you have seen the whole of the willows grow on the Ohinemuri and Waihou Rivers?— Yes. Most of the willows down the Waihou going towards the I haiiios have grown from branches broken off higher up. 14. In your opinion, are the II Is higher now in consequence of the existence of the willows' — I do not think the willows affect the Ohinemuri much. 15 Why?— They are not, as a rule, growing down in the water. The place most affected with willows is on the Waihou River below the Okahukura Native settlement, close to the Tirohia Railway-station. 16. Then, in your opinion, the Waihou River below Okahukura has been materially affected by the growth of willows?— Yes. 17. Mr. Mueller.] In what way?—ln the first place they are growing so close that it is as much as the steamers can do to get through. They are weeping-willows, and all the branches hanging down in the river within 20 ft. of the bank stop a certain amount of water. 18. The Chairman.] Has that, in your opinion, increased the height of the floods?—I think it has tended to increase the overflow of the Waihou. which runs down to Netherton and to the Awaiti Stream. 19. Do you think it has had any effect in raising the bed of the river ?—Not there. 20. Anywhere else.' 1 think, down about Mr. Thorp's place the willows have helped to gather and stop the silt. Taking the Waihou from the Junction up to Te Aroha, there is very little difference in it. There is a place where we used to ford the Waihou River near Mangaiti. I have asked tin- steamer-cap, ains and also the Maoris whether there is any alteration in the depth there, and they say it is the same as it was. 21. Do I understand from you that in a flood the waters of the Waihou have always been in the habit of joining the waters of the Awaiti?—Yes. I can say that in August, 1864', I had io wade through from the Waihou River to the Awaiti Stream. 22. Have you any idea as to whether it is worse now than in 1864? Is there more risk of ihe water breaking through now from the Waihou into the Awaiti than there was thirty years ago?—r do not think there is any difference now, except that the willows may tend to put it there. But there is an additional factor. The water runs over from the Ohinemuri to the Waihou, and hanks it up for a considerable distance 23. Do you know that of your own knowledge?— Yes. 24. Since when?—A good long time now. I might mention that at the time the flax-mill was put up I had a greal deal to do there getting the Natives (~ cede flax rights; so I took particular notice of it. 25. When was the flax-mill put up?— About seven or eight years ago. I would mention in this connection that the owner of the flax-mill had to make a road back to Awaiti for the purpose of getting his flax out. The bank of the Waihou is a foot or two higher than the land at the back, which is all swam],, and by cutting through this bank directly the river rises the water liegins to go through the cutting, and that contributes to the water going through to Netherton. 26. So that, as a result of this road which has been cut, the water now gets in back to the Awaiti and to Netherton? —It does not get to the Awaiti, but it goes back to Netherton. There is a ridge of dry ground about a mile and a half long, and that runs into the flat land that used to be covered with fern. 27. Supposing you go past Paul's settlement, what do you get?— Some miles of swamp nearly to the Kerepehi. 28. We were told there is a ridge running out from Kerepehi?—Only a short distance. There must be about four miles of swamp between this flat fern hind and the high land between Kerepehi. 29. Mr. Mueller.] Do you know the nature of the river at the Junction?—l do. It is right alongside my place. We have land extending down to the Waihou River. 30. Does the present condition of the Junction contribute in any way to the flooding of Netherton?—Very considerably. 31. Why?— There is a shallow formed there which. I think, partly owes its origin to a groin which was put in to straighten the Waihou and make a better channel for the steamer. T believe that assisted in catching silt and forming the island. 32. Do you know whether the flooding at Netherton has been more serious and more frequent in recent years?—lt has. I may state that below the Junction it is very seldom the Waihou itself overflowed its banks right down to the mouth of the river. All the water that floods Netherton is from the overflow of the Waihou between Tirohia Railway-station and the Junction. 33. You say that the floods have been more frequent and more severe during later years: would you say that the increase in the flooding was caused by the willows in the upper Waihou or by the obstruction at the Junction? What is the cause of the very frequent flooding of recent years are factors in the case. 34. Which would yon say was the main factor?—Tt is difficult to say. The willows have contributed, no doubt, but there is no silting going on in the upper Waihou. There was a little for a time, when they were making drains at Te Aroha; but that debris was composed of pumice sand, which does not settle like these tailings. Tt is always moving. 35. Mr. Cotter.] You know intimately the present condition of the river from the Junction up to Paeroa and above it?— Yes. 36. I will take you to that part of the river above this traffic-bridge. You have told us that, in your opinion, the accumulation of silt or tailings there has not been very greatly contributed

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to by the willows? —To a small extent. I think anything done by the willows in the Ohinemuri is a mere bagatelle. The silt has done and is doing the damage. 37. So far as that accumulation of tailings is concerned, do you consider it dangerous to the flooding of Paeroa, or a negligible quantity/ —It is the cause of the whole trouble. If you put in thirty or forty thousand tons of tailings a month, they must go somewhere. 38. Then, in any scheme in regard to the alleviation of this trouble, what, in your opinion, should be done in regard to this accumulation? —It is a question I have given a good deal of study to. First of all, being an old miner, 1 should not like to do anything to injure the mining industry. lam also an old farmer, and so I stand between the two. 39. For that very reason, and being such an old resident, I suppose you have as extensive a knowledge of the whole district as any one in the neighbourhood? —Yes. I actually dealt with the Natives for the whole of it. 40. You were the first Warden in this district / Yes, and the first in New Zealand. 41. Well, it is because you have Unit extensive and intimate knowledge that I am asking you the question? —Well, my opinion is this: The silt should be picked up at the tail-races of the various batteries above Waikino. and should be carried oul on to the vacant places and some deep swamps there are on what are called the Waihi Plains. Of course, there is plenty of room for all the tailings of these mines. But the Talisman and Crown Mines are in a worse position. They have actually no ground on which to stack their tailings, and what I would propose to do there would be to put a dam across not far Iron, Doherty's Creek, and dredge out the tailings and take them in a flume to some piece of land which is to be acquired below. 42. In speaking now about the present and future products of these mines, are you speaking of the new treatment, or what they call the all-slimes treatment- the finer crushing?—l think the finer crushing will make things worse than the present treatment. 43. I should like you to look at these two meshes. I understand the coarse represents the old treatment, and the fine one represents the new. Now, in your opinion ihe finer crushing will result more prejudicially than the coarse?— Certainly, because it will be carried further over the lands. . 44. You are not referring now to the navigability of the river—you are speaking as to the damage to adjoining properties in case of floods?— That is so: and, as to the navigability of the river, r \vhere it settles down it will very likely make shoals and shallows, because I believe it will settle down very solid. ... „ T v. i i 45. Then, it is not your opinion that the all-slimes will be carried right out to sea /—I should be very sorry to see the Thames Harbour damaged. 46 Then, you think that if it was carried past this river it would damage the Thames Harbour?— Decidedly so. Why, even now when the tide is low below Opani Point the steamer drags through the mud. 1 was rather astonished when the captain of the steamer mentioned that yesterday °Formerl\ there was about Bft. of water there. 47 'What do you attribute the muddy water to?—To the stuff coming down the river. 48. Not to anything from the Thames?—No: nothing from the Thames goes past Tararu Point. . ~ nil 49 And speaking of these remedial measures you mention, you were referring not to the old coarse tailings, but to the new finely ground slimes, or did you intend to refer to both?—l would stop them all if I could. 50. Then, practically you would revoke the Proclamation I— Well, there is no power to revoke it in the present Act. . 51 But if there was power that would be your suggestion /—Yes. 52 Well assuming that no more tailings come down at all, what about the tailings at present above the traffic-bridge? In your opinion these tailings as they at present exist are a menace to Paeroa? —Of course they are. 53 What would you suggest in regard to these?— They will have to go further down the river. You do' not suggest that I or any other settler should give you an area of frontage mi which to deposij s|lnul( , ,„. ~,„„. with the present tailings above the traffic-bridge. Do you know there has been a suggestion that all the willows should be cut? That 55. Z'tuttfng! would you include uprooting?—l do not think thai would be necessary. I have noticed in the Piako that ring-barking killed then, 56 DO you think that uprooting would do any damage to the banks, and contribute thereby to flooding?-No: I think it would be better to cut them down, and take all the branches out of ""' you think the silt already above the traffic-bridge should be allowed to go further down t |,e river in time of flood/-It is difficull to suggest anything, because where is the money to come fr ° m sB Supposing you had unlimited money to do the thing in the lies, possible way and then supposing YOU had a limited amount of money, what is the next best method and 80 on?-0 - r would be a good plan if they could remove these tailings and utilize them for raising breads across the «f the Hauraki Plains. Ido not see any other place for then, to be to the traffic-bridge?— Yes.

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62. You know the present condition of thai part of the river? I do. 63. Supposing the tailings which we know are all over the bed and banks of thai river are allowed to go into the Waihou, what, in your opinion, will be the result of thai so far as concerns navigability and Hooding the properties adjacent to the Waihou? I find ihe ladings, when thei go down below the Junction, as a rule settle on the sides of the river near the banks and there they stick. 64. Supposing the large quantity thai now exists above tin- Junction is allowed still to go down into the Waihou, what do you think will be the ultimate result?— That the Wail will just become a little stream going through a morass. 65. Mr. Myers.] Your occupation now is that of a farmer/—I am a land agent. I have been a farmer. Ob. Do you happen to have an\ qualifications as a civil engineer/ No. I know a little bit about surveying, and 1 know a good deal about draining. 67. You said you had been mining? Digging and prospecting; never mining in mv life. 68. How long is it since you have been Warden/ I have been fifty years Connected with the goldfields in New Zealand, in both Islands. 69. When did you cease your connect ion with mining either as Warden or in any other capacity?—l was last Warden on the West Coast in 1880. 70. Do you know anything al all about the methods which are adopted now in the batteries in these districts?— Not a very great deal. 1 have a general idea, of course, but I am not an expert in these matters. 71. Mr. MeVeagh.] What swamps about Waihi do you suggest these tailings should lie put into? —There is a large swamp, if you go along the old Tauranga Road, lying to the left. 72. How far out from Waihi? —It is below Waihi. It is some distance above Waikino. It is about a mile and a half back from the river to the northward of the old Tauranga Road. There is plenty more useless land there, because tin dry land is not much good. 73. The swanq, is a small one? —It is a fair size. I cannot tell you the area. I camped on i; all night in 1865. I was there last about five years ago. 74. I am told it is dry now? —Very likely. 75. Is it a fact that the whole of the land on the Waihi Plain is a basin, and the slope is on the river/ If you stack the tailings there, how are you going to prevent them getting into the river? —They will not run uphill. 7(i. Are the willows on the Waihou on the banks or in the stream itself?—Thev are mostly growing just on the edge of the banks. Some are higher than others. Some are right down oi, the water. 77. I think their position generally is very much the same as on the Ohinemuri /—Yes. 78. You have been here many years, and you have seen, I suppose, a great amount of clearing going on during your experience- the felling of bush and draining of country? There has been a good deal, but not so much as you might have expected 79. Are there not timber companies operating in various parts roundabout this district ?- There is no timber company operating close here. There is ag 1 deal of timber at Hikutaia and Turua and Wharekawa. 80. What about the Waitawheta Gorge?— The- is some g 1 bush in thai, and it has been cut for the Waihi Company. 81. Have you any information as to the depth of the water shown on the charts al the mouth of the Thames on the bank you speak of/ —1 had a cutter when I was in the Covernnicnt service that drew 6ft. 3 in. of water, and I was in the habit of entering the mouth of the Thames frequently, so I knew the river well. 82. How long ago was that —about 1876?— Before that. S3. Who navigated the vessel for you?—l had a sailing-master, but 1 could do it myself if necessary. I very often came iq, myself with a Maori crew. 1 last came up in the cutter about 1874, but 1 have been up and down in the steamer dozens of times since. 84. Have you any recollection after this lapse of time as to the state of the tide at which you navigated that cutter across the bank?— When the tide had made an hour or so you could do il all right. 85. Mr. Hanna.] Are you aware that a license has been granted to a certain company to work these deposits in the river from the Junction upwards?— Yes. 80. Taking your long experience of the river, if that company takes these tailings up al the rate of 500 tons a day, treats them through a very fine mesh, is that going to Ik- beneficial to the river or not 1— I do not know that it is going ~, make much difference, but if you make it finer you make it so that it will settle down and form permanent shallows. 87. for ihe sake of argument, we will assume that it will not settle?—l would not assume such an absurdity. 88. We will prove (hat your absurdity is a correci proposition?— All right. 81). Mr. Mueller.] Did you come in that cutter which drew 6ft. 3 in. of water right up the Waihou? —Not as a rule. We used generally to go to Kopu. and then I pulled up the river in my whaleboat. Tt was an ordinary whalehoat. 90. Can you state from your earlier experience of the river up to the present time whether the lower Waihou. from the Puke to Opani Point, has been filling up? I know the last time I was down at Turua I noticed at low water a much larger shoal than existed there formerly. I may state that originally there were only two places where we were liable to stick through being either too soon or too late on the tide. One was opposite Onuiliu Creek and the other was down Bagnall's Reach, below Puriri.

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WinnlAM Atkin NICCOL examined. (No. 36.) 1. Mr. Mueller.] You are secretary for the Silting Association!—Y'es. 2. It has been mentioned during the course of this inquiry thai something ought to have been done in regard to the clearing of the willows : can you tell us what your association has done in this connection? —U.ast year there was a sun. voted on the estimates to clear the willows out of the river, and my association wrote to the Ohinemuri River Board asking them to gel autho rity to expend the money in clearing the willows. The amount of the vote was £1,000. 3. Is that the reply your association got from the River Hoard/ Yes. (Exhibit No. 23, as follows: •■ 17th September, 1909.—Memo, for W. Niccol, Esq.. Hon. Secretary, Ohinemuri River Silting Association. -Dear Sih, — I am instructed to thank you for youi letter of the 27th ultimo, enclosing portion of Mr. Breakell's report upon the Ohinemuri and Waihou Rivers, and to inform you that application has been made to the Minister of Mines to authorize the expenditure of the '£1,000 which appeared on ihe last supplementary estimates in the destruction of willows on the Ohinemuri River.— Y r ours faithfully, li. W. Evans, County Clerk."| 4. Do you know whether the £1,000 was obtained from the Government? 1 do not think il was. . . 5. So nothing has been done by the Board or county m commencing operations ,m tne willows; —I know the County Council did some clearing of willows just below the Junction. 6. Did your association make application to the Mines Department for some reports?— Yes. 7. Is this a copy of a report by Mr. H. J. H. Blow, Under-Secretary for Public Works?— Yes. [Exhibit No. 24.] 8. Is this a copy of Mr. Breakell's report received at the same tune? —Yes. [Exhibit No. 25.J 9. Is this a copy of a report by Mr. Stewart which your association got / Yes. [Exhibit No. 26.] 10. Are these two letters which you have received as secretary of this association bearing on this matter [Exhibit No. 27]?— Yes. They were read as follows : " Auckland. I 4th July. 1909.— Mr. W. Niccol, Hon. Secretary, Ohinemuri Silting Commission, Paeroa.—Deab Sin, -At a meeting of our executive held on Friday last your favour of 29th May with regard to the depositing of mining debris in the Ohinemuri River was fully discussed, and 1 was instructed to write to you, stating that this association are communicating with the Minister for Agriculture, urging the necessity of taking immediate steps to prevent the silting-up of the Ohinemuri and Waihou Rivers, as they'l'eel sure that this is the only measure that will save the valuable farming and dairy lands of the Thames Valley.—Yours truly, Edwin Hall, Secretary, Auckland Agricultural and Pastoral Association." The other reads, "Paeroa, 2nd April, 1909.— E. W. Porritt, Esq.. Chairman, River Silting Committee, Paeroa.—Dear Sir,—For the information of the Committee I beg to state that I am prepared to remove the tailings from the Waihi Company's batteries lo the Waihi Plains for the sum of Is. per ton, and would be prepared to pay a substantial sum as a deposit on the contract : provided I secured a contract for a reasonable period, and thai vvvry facility was afforded me by the company. By 'every facility' I mean that my operations would rank as of equal importance to the company's operations.—Yours faithfully. A\ vi. Forrest. Mr. Forrest is a contractor, and he was residing in Paeroa when that letter was written. I believe he has now one or more contracts in connection with the Auckland City drainage-works. 11. Mr. Myers.] Mr. Forrest's letter was presumably in reply to a letter from you?—No: lamade the offer himself. - 12. How did he come to make the offer?—He was a member of the Silting Association 13. Had he been living here long?— Yes,' about a dozen years. 14 What was he doing here?—l think he was contracting at that time. 15. 'The Chairman,] What class of contracting?—l think the last contract he had was for th, Waikino water-supply. 16. Mr. Myers.] And was he doing timber-work? —He had a sawmill at one time. 17 Do you know whether he ever had any mining experience? Not thai 1 know ~f. 18 Mr ' MeVeagh.] How long have you had that letter/--About twelve months. 19' Was it entirely spontaneous on the part of Mr. Forrest? I was not aware that it was entirely spontaneous, because ihe question of the disposal of the tailings had been discussed so often that Mr. Forrest said he was prepared to take them away for a certain sum. and he was asked if he would put that offer in writing, and he sent us that letter. 20. The Chairman.] Do you hold your meetings in public or private?—As a rule they are public. . , T 21 Was the meeting public when this letter was received I—lt was. 22 Was the letter published in the newspapers?—l am fairly certain 1, was. _ _ 23! Mr. MeVeagh,] Did you communicate that offer of Mr. Korrest's to the mining companies/ °24 Did you ask Mr Forrest himself to communicate it to the mining companies?— No. 25 Have you any other expert reports besides these which have been put in now?—No 26. They'comprehend all the reports you have on the silting question? Yes, with Mr. er am Do knQw whether the matter „f that letter appeared in the local papers ' —I am fairly certain it did. I will ascertain. Os Mr Flatman.] Have you had any conversation with Mr. Forresl since that letter was xvr itten*-He went away no, very long afterwards, and I have not spoken to him since. I believe he waTa member of the association when a reply came back from the Minister of Mums thai the matter would be considered, and that the whole question was being gone into. 29 You do not know if Mr. Forrest is willing to take up the contract to-day?-I do not. Mr. Mueller; That is the evidence which the association wish to place before the Commission.

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The Chairman: In your opening, Mr. Mueller, you said you were going to prove that a large area of Native land was affected. You have not given us any statistics in regard to that. Mr. Mueller: 1 did not go into figures as regards these last two Native witnesses. The plan shows a considerable area of Native laud. Mr. llanna: I appear on behalf of the Karangahake Miners' I nion. 1 will just make a very few opening remarks, and will then call certain witnesses. The number of witnesses is only three, and 1 propose, with your permission, to call one witness, who is the chairman of the Karangahake Miners' Union, and his evidence will be supported in toto by the other two witnesses. The reasons why the Karangahake Miners' Union desire- to appear before this Commission and give evidence are summed up in two memoranda which have been placed before me. The first one is, " As a Miners' Union we respectively submit thai the sludge-channel should be kept open, because there is no other way to get rid of the tailings from Karangahake." The second one is, " That, supposing the closing of the sludge-channel was brought about, it would throw hundreds of men out of work in Karangahake alone, and with their wives and families dependent upon them l hat would be most disastrous, and many would be rendered destitute."' In commenting on the evidence which J will adduce, 1 am informed that this union represents all the miners in Karangahake. The membership is over five hundred. The union is a branch of the Thames Miners' Union. Evidenoe has' already been brought before (he Commission to show that the population of the Waihi, Karangahake, and adjacent districts is about ten thousand. I an, advised that fully five thousand of that number, if not more, are actively engaged in mining operations in this district. The Chairman : What area of land is included in that population of ten thousand? Are we lo have census statistics? Mr. Hanna: lam only following ihe evidence already laid before you. I intend to give some evidence of these facts. 1 am only taking it roughly that ten thousand is the total populayears to effect the necessary alterations, and during that period the whole of these miners, with their wives and families, are actively engaged in mining-work. Their toil is a very arduous one, and if their work should cease and they should be thrown out of employment, they would have extreme difficulty in getting fresh or similar employment or in starting employment of a different character. These miners, after a very severe struggle, have managed to save a little money and have secured small cottages for themselves and their wives aud children, and they submit they are just as much entitled to consideration as the farmers of the district. Shortly put, our contention is this: that the revocation of the Proclamation means this: There are a great many miners who prospect and dig and work on their own, and their debris is put into the river in the ordinary way. That body of men would be prevented from carrying on their ordinary work. Mr. Moresby informs me that according to the Year-book for 1909 the population of the Waihi district is 5,594, and of the Ohinemuri district 5,895, making a total of 11,489. I have referred to the small prospectors and single men who go working about the district. Sometimes there are men banded together in small bodies and in mining partnerships to work these mines, and these people would lie debarred from carrying on their operations. And particularly there are tributers. A large number of men take tributes in these mines, and undertake to get out the ore at a certain price. They are charged for the treatment of thai ore. and, of course, the charge for the treatment depends upon the facilities for the disposal of the tailings. If these facilities are taken away, then, of course, the cost of treatment becomes materially greater, to their detriment. Lastly, if it should be found necessary to revoke this Proclamation, it will mean a complete alteration of the mining machinery and plant which is at present utilized in treating the ore; and I am advised the result of that would be that it would probably take from one to two years to effect the necessary alterations, and during that period the whole of the miners, with their wives and families dependent upon them, would be absolutely without means of support unless they took up some othei work. Ido not think I need say any further. I propose to call the ],resident, secretary, and treasurer of the union. I could have called many of the miners, of course, but 1 did not think it necessary. 1 think these are ample to give you all the information you require. John McGregor examined. - (No. 37.) 1. Mr. Hanna.] Y,,u are chairman of the Karangahake Miners' Union?— Yes. 2. What is the membership of your union?—The Karangahake Branch has a membership of a little over four hundred. 3. Do you know what amount of money was collected there last year as the total fund?— About £517. 4. Do you know what was distributed in accident and sick pay? —Close on £300. 5. So your union is active, and it looks after the members properly?— Yes. 6. What do you do yourself? —I am a miner. 7. What form of work do you do? —I am a tributer in the Talisman. 8. Y T ou contend that the Proclamation declaring the river a sludge-channel should not be revoked? —That is so. ••-,,.•, il. Was this a unanimous resolution of the union?—We got up a petition in the place, which was signed by over five hundred. ■ 10 Have you got that petition?—l have a copy of ;t. It really came from the Waihi Boromd, but we made a few slight alterations in it. It is as follows: "The Hon. the Speaker and .Members of the House of Representatives in Parliament assembled.—The petition of the undersigned inhabitants of the Borough of Waihi and the surrounding districts humbly showeth : 1 That the petitioners are vitally interested in the gold-inming industry carried on by the various companies in Waihi and Karangahake, their livelihood being entirely dependent thereon.

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2. That previous to the establishment of this industry the country around was totally unoccupied, being from its barrenness quite unfitted for agricultural or pastoral holdings. 3. 'lhat in the year 1895, il being apparent that mining would Ik- carried on for many years to come, His Excellency the Cove, nor was advised by his Executive Council to proclaim the Ohinemuri and Waihou or Thames Rivers watercourses into which tailings and other mining dibris might be discharged, which, after due notice according to law being given, was done, no objection having been raised. (See New Zealand Gazette, Ith April, 1895.) 4. At the time this was gazetted the number of farms fronting on the Ohinemuri River did not exceed six. 5. Since this Proclamation a large amount of tailings has been deposited in the river by the gold-mining companies at Waihi and Karangahake, and a right to recover this material and re-treat it for the percentage of gold therein has been granted by the Warden to a company established foi this object. The title to this privilege is as good as the tenure of the Waihi or any other company to its holding, and could not be cancelled without- the payment of heavy compensation. 6. That during the month of January, 1907. owing to an unprecedented downfall of rain in the Provincial District of Auckland, large tracts of land throughout the country were flooded to a greater extent than known since the foundation of the colony, traffic on portions of the Waikato Railway being wholly suspended I'm- weeks, and parts of the country laid under water for the first time since the line was built, over thirty years ago. 7. That the low-lying Thames Valley, through which the Ohinemuri and Waihou Rivers find their way to the sea. were also flooded by the overflow of the upper portions of the Waihou River and Te Awaiti Creek, farms fronting the left bank of the Ohinemuri River being thus placed under water. 8. That it is now sought to be proved that the deposition of tailings in the said rivers was the cause of these farms being flooded; whereas the natural conditions are such that had the handiwork of man never been in the country the land in question would have been under water when such weather-conditions prevailed, as the past history of the district abundantly proves. 9. Should the proclamation of the river as a sludge-channel be revoked it would prove a very serious blow to the mining industry, quantities of low-grade me now worked at a small profit would be left untouched, and a number of men thrown out of employment, forced to leave the district, and compete for work in other centres of the colony. 10. Your petitioners therefore pray that no steps be taken to prevent the gold-mining companies from exercising their legal rights 'in depositing mining debris in the Ohinemuri River, and that a Commission of inquiry be set up to take sworn evidence on the prevailing conditions. And your petitioners will.'' &C ("Exhibit No. 28.] 11. That is virtually the petition you sent to Wellington, and it contained over live hundred signatures? —Yes. . . 12. Do you know on what date that was handed in?—The petition was forwarded on the 18th October', 1909. ~,,,, 13. That petition was got up as a result of a public meeting held at Karangahake on the 16th May, 1909?- Yes. 14. Was this petition considered I>\ ihe Mines Committee?—l do not think so. 15. Who presented it for you? —Mr. Poland, member for Ohinemuri. 10. Have you had any interviews at all with the Silting Association on this Question?— Yes, we had one meeting together. . 17. Will you tell (he Commission the result of that meeting/—We met m Karangahake, and i, was agreed al thai meeting between the two parties that we hold back our petition for Ihe time being, ami that if we could do anything to force the Government to get over the trouble without injuring either the farmer or the miner we would do so. 18. Was that agreement carried out?—No; the Silting Committee broke the agreement the fust week. They agreed with us to make no further trouble in the matter. Some expert had been round, and we were to get hold of his expert opinion if we could, and Bee what he had to say on the matter, and see what scheme could lie devised. 19. Did they agree not t,, ask I'm- the revocation of the Proclamation? —There was really nothing of that mentioned. . •>() The Chairman.] What did they break /- They were not going to protest. Ihe miners asked I'm- a public battery, and they objected to this public battery putting any tailings into the river The people out prospecting wanted a public battery in the district to crush their ore, and the Silting people objected to it. and we considered that by doing so they had broken their agreement with us. 21 Mr Hanna \ When did this take place?—lt was after our public meeting. We were almost on the point of presenting our petition when they interviewed us. The petition was presented after the application had been made to the Minister of Mines for a public battery 22. How did the association know that application had been made to the Minister of Mines for a public batterv?—lt was mentioned in the local Press, I think 23 Tht Chairman.] As a result of the objections which you believe were lodged by the billing Association you think the Government never granted permission for a public battery?— That is what we think. , ... ~ . , , ~ 24 Mr Hanna] At all events you have had no reply from the Minister in regard to the application for a public battery?—lt was not sent from the union. It was sent forward by a Waitekauri party. I am only speaking from hearsay. . 25 What experience have you had in mining?— Twenty-five years. 26! Has lhat all been passed in the Ohinemuri district?—T have been ten years between Waihi 27 1 ' 1 Can'voir state any other cause besides tailings which has silted up the river?-The mullock from the mines and from the Government works. All the material from the big Government tunnel was i,u, into the river, and all the spoil from the cutting up near Owharoa.

3. McGKEGOH.j

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28. Was that a considerable quantity?— Thousands of tons. 29. Would it be taken away as easily as the tailings would be taken away/ —1 do not suppose it would. The rough material would not go away anything like tailings. 30. The question has been raised about stacking the tailings at Karangahake: is that a practicable scheme? —I should say not. 31. Why?—l do not know where you would put them. 32. The Rotokohu Swamp was mentioned?—ll is over a hill, three miles away. 33. What height is it over the mountain/ —Six or seven hundred feet high. 34. Thai means lifting the tailings 500 ft. or 600 ft. and carrying them three miles?— Yes. 35. In the summer-time what quantity of water is there in the Ohinemuri and Waitawheta Streams?—lt takes the batteries all their time to carry on in summer. You can walk across them, stepping on an odd stone, in most places. 36. Supposing it were practicable to lifi ihe tailings, what would you do with the mullock and all the other debris —where would you put it?—] have no idea. We are right in between mountains, with high cliffs each side. There is one outlet, and that is the river. 37. You know the place thoroughly well/--Yes. 38. There is no place further up where the debris could go?—] do not know of any. 39. Supposing il was put into the Kolokohu Swamp, where could the stuff all go?— 1 do not know. 40. Are there any farms about it?—l think there are one or two. 41. I think the biggest percentage of your members are married men?— Yes. 42. Are you a married man? —Yes. with a family of eight, six of whom are dependent on me. 43. I think a great number of your men have little homes of their own?— Most miners have (heir little homesteads there —the majority have their own place. 44. Supposing you were- thrown out of work to-morrow, what means of livelihood could you lake up, supposing you could not go on with mining operations for a year or so?—I should have io take navvying. 45. Miners cannot save a great deal out of their wages?— They cannot. It is just a living. 46. Mr. Cotter.] I am speaking to you now as representing your union : Have you considered in any way as to who ought in fairness to pay the cost of the removal of the tailings and the amelioration of the present conditions? —The Government. 47. The Chan-mau.] Is that by resolution of the union?— That is my personal opinion. 48. You were asked as the representative of the union /—That question has never been considered by the union. 49. But, having a knowledge of the individual opinions of the men, your opinion is that if it were put to them it would be unanimously indorsed/ -Yes. My reason for thai is simply this: The river was proclaimed a sludge-channel in the first place, and all machinery has lieen put into that level to gel the material away as cheaply as possible. Now, if the companies had to alter their plants it would throw both them and us to a big disadvantage. 50. Mr. Cutter.] You have given certain reasons ; were these the whole of the reasons you wish to give? —I think that is enough. 51. .1//. MrVeayli.] Can you give the Commission any information as to the number of people engaged in mining interests in Waihi and the number dependent on them? —No; it is a long time since I was there. Mining is the only thing they have to go on, and if the population is between live and six thousand I should say the whole of them are dependent on the mines—storekeepers and all. 52. Are you aware that large numbers of the miners in Waihi have small holdings of their own /—Certainly. 5:',. Mr. Mueller.] In regard to the conference that took place at Karangahake between the Miners' Union and Silting Association, do you not know that the association on the evening before that conference had decided to object to the public battery unless there was a condition put in?— We did not know anything about it until 1 saw it appear in the Paeroa paper. 54. Was (hat not just before the conference that you mention? —It was not. 55. Was it not at that conference that the public battery was mentioned? —No, it was never mentioned. 56. And did not the association agree to make no protest against this battery provided you people did not go on with your petition? —No; the petition was to be held over until we got the expert evidence. There was no mention of the battery at all. 57. In that petition you stated there were about six holders of land on the banks of the Ohinemuri? —Yes, but you know I cannot swear to all that is in that petition. 58. You do not support that?—Y"es, I do. 59. The Chairman.] You signed it yourself?— Yes. 60. And therefore you agreed to everything in it / Yes, although I cannot say as to how man} settlers were there at the time. 61. The petition states thai a: the time of the issue of the Proclamation then- were only six farmers resident on the banks of the Ohinemuri? —That is so. 62. Mr. Mueller.] Do you not know of your own knowledge lhat you could name a dozen or twenty of them easily on the banks of the Ohinemuri/ —You may or you may not. 63. If the mines were prevented from putting their stuff into the river you do not think they would shut down to morrow?—l do not know about shutting down. They would have to stop stamping, and if they stopped stamping we should be out ~f employment. 64. They said they would have to alter their plants, and you said it would take a year or two?— Yes. 65. And it would est a good deal of money?— Yes.

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66. A large part of that money would go in wages? —Some of it would, no doubt. 67. So you do not expect the Commission to believe there would be no employment at all?—I did not say that. 68. There would be employment?—A small amount, but not to any extent. There would be a great many out of employment. 09. In regard to lifting the tailings from Karangahake, you know the run down from Karangahake to Marsh's/—Yes, it is pretty flat. 70. Now, both the Talisman and Crown batteries are pretty close to the river/ —Yes, right on it. 71. So you have all that lay of country to bring your tailings down il necessary ?—Yes. 72. There is a good fall in the river from the Talisman battery as far as Marsh's/—Not if there is only 14 ft. between the Thames and Karangahake. 73. Sou do m,l know that Paeroa is about 30 ft. above the Thames/ — ! do not. 1 do not think 71. Would it not lie the most feasible way to Hume your tailings down alongside the banks of ihe river?—-Where to? 75. You mentioned about going over a hill 600 ft, or 700 ft. high /-- I only answered the question. . . , . . 76. Can you not walk from Karangahake to Rotokohu Swamp without rising above the level of the railway-line?— Not unless you walk right down to the Maori lands. 77. So you can get from Karangahake to Rotokohu Swamp practically on the level?— Yes, by going a long, roundabout way. . 78 And to bring the tailings from Karangahake to Rotokohu Swamp, which do you think would be the better way—to lift them over the hill, which would be a bit shorter, or to bring them practically on the level?—l do not think either would work. 79. You said your petition was signed by about five hundred? Yes, il not more. SO. You did not limit that to Karangahake people?— Pretty well. 81. Mackaytown?—Thai is Karangahake. 82. Owharoa? —No. . . __ ... S3. I),, you know whether thai petition was the same petition as was presented by the Waihi Borough Council/ It was similar. ,„-■,-,, , ~ -, • 1007; 84. Do you know whether that petition was presented by the Waihi Borough ( ouncil m 190, I — 1 cannot tell you. Miohabi M.vimixa>- examined. (No. 38.) 1. Mr. Hanna.] You are Secretary of the Karangahake Miners' Union I Yes. •/ How long have you occupied that position?— Since 1898. 3. How lone have you been mining?— Since 1868 until my health broke down m Is.) I. 4 Ami since then you have been connected with mining?— Yes. 5 Have you been all this time in the Hauraki district/—Yes. I. How long have you been in Karangahake/ I came tirs, in 1809. 1 have been long enough '""'T wZ wirs'rtheicnce between the flooding of Karangahake in 1800 and now /-I have se.-n very large floods prior, 1 think, to about 1873. I took a paddle-steamer up the paddock al th ° Tv:: vou'reme, r any other big Hood before that of 1907/ -There have been numbers of H ':; until the present time the place has been subject giving evidence as to the idition of things and as to what would happen if this Proclamation is revoked: do you approve ot all he has saul?-Yes, and B Htt ii "will you give us the - little more -'? I think he underestimated the- position. It would ■" ( TL * th — ° Ut ° f - P loyment?_Exoept a ' W tha, has air ly been given I . Yes. ! 'I- Mr \Mlei-] 'You say you were in Waitekauri in 1875 and tha, Iron, that time up to 1891 you have been actively engaged in mining?—ln the peninsula. ' In' a good length of time?-I was i„ CoroNo: principally Waitekauri. a sar b i as£S ks =s££ . was **, - ta . anything about the Netherton lands?-! was only there once, some '""'•iT'wc you a member of the Ohinemuri County Council/-Yes. »' For how long have you been a member?-- -For ten hl£ 23. You are a member of the Ohinemuri hiver Boaid! -l<s. it "' iTcan you tell us whether the River Board go! thai £1,000 for clearing the river?-They got no money at all, to my knowledge.

M. MARRINAN. f

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25. The Chairman.] Did you apply for the money?— Yes, to the Government. 26. What answer did ,you get•?— I cannot say. I suppose it was a sort of uegative one 27. Mr. Hanna.] Did you get any answer at all?—I am not sure. 28. The Chairman.] Why during these ten years and a half has not something been done by the Ohinemuri County Council to look after the river/— No financial means. We are in debt about t- 1 U, > "''l, " Chablbs Edward Lloyd examined. (No. 39.) 1. Mr. Hanna.] You are treasurer of the Karangahake Miners' Union?— Yes. 2. You heard the evidence given by the chairman and secretary to the union / — Yes. 3. Do you agree with the evidence that has been given ?—Yes. I should just like to explain in regard to the conference that was held: We agreed to hold back our petition provided the association took iction to revoke the Proclamation ; and the outcome of the whole conference was to force the Governmenl to find some solution of the trouble. Then we saw by the Auckland Herald that Mr. Strange, a member of the Silting Association, had asked the assistance of the Piako County Council in the matter of the revocation of the Proclamation. We took it from that that the Silting Association were not keeping their promise, and we sent in our petition. That is the whole position. 4. Mr. Mueller.] Mr. Strange is a member of the County Council living near Te Aroha?—Yes. 5. Do you say he was a member of the Silling Association ?—The Hera/,/ report stated he attended the meeting of the Piako County Council as representing the Silting Association. 6. You do not know thai the Silting Association had decided to oppose the public battery just before th,-\ conferred with you. and that that conference caused them not to make any bother about the battery?—l do not remember any mention of the battery at the conference. 7. You agree that it was admitted at this conference by all parties interested that something should be done?— That is so. 8. And the only idea was to get that something done which would not injure either the mines or the farms?—-Yes. 9. I suppose you know yourself that a considerable amount of damage has been suffered by the farmers?— Yes. 10. And your Miners' Union admitted that?—l think they did at the time. 1 admit it myself. 11. The only question was whether to go for the revocation or not?—lt was a matter of dropping the revocation and getting some other solution. 12. And you think that that something else should Ik- done even at the present time?—l do honestly. 13. Are you a member of the Ohinemuri County Council?— Yes. 14. The Chairman.] And you are a member of the River Board?— Yes. 15. Do you know anything about this vote of .£l,OOO? —I think we were asked by the Silting Association to try and obtain the money and get it spent. We got a reply that the matter was under consideration, and that the money would be rcvoted in 1910. 16. Mention was made that the miners and Silting Association were jointly to get some evidence as to what was to lie done?—l do not remember anything about that. The whole wind-up of the meeting was that we would force some solution on the Government. In regard to the River Board, some mention has been made of a couple of sections that the Board had taken on which to clear the willows. We received a letter from a person named, I think. Uytton, who reckoned he had a g 1 mode for getting rid of the willows, and the Engineer was appointed lo pick him out a section, and he was to clear the section on the principle of "No cure no pay." We granted him another section afterwards, and he has had no pay. We have recently given one of our members. Mr. Strange, a few gallons of Noxine, with which to cxpcrimoiil on tile willows at Maugaiti. We heard thai bj getting rid of the willows they had lowered the Waipa River 9 ft. to its original level. 17. You must have thought and talked over what can be done: what can be done, in your opinion, as a practical man?—My honest opinion is that it is a matter of getting rid of the willows. My honest opinion also is that the gold-extraction company are going to do a lot of good if they lift the stuff and put it back in another way. They were getting this stuff out of the Wait it i Creek, on the top of the Waihi dam, and one day 1 went up to have a look for myself. I went up in a launch in the winter-time, and for three-quarters of a mile to a mile I took a pole, and 1 oould get 9 ft. of water. Therefore 1 think, if it is going to do good on the top of the dam, it is going to do good in the river. They were treating the silt practically on the top of the Waihi dam, and discharged it back into the Waititi Creek, and then it was going back into the dam proper. Mr. Hanna.] That is the case for the Karangahake Miners' Union. William Sullivan examined. (No. 40.) 1. Mr. Tanks.] You are master of the s.s. "Taniwha"?—Yes. 2. How long have you known this Ohinemuri River? —About twenty-seven years. 3. During that time have you been actively engaged in navigating the river/ —Yes. 4. How long have you been on the '• Taniwha"?—About thirteen years —ever since she was built. 5. And you have been going up and down every day? —Every day, pretty well. 6. What" is the draught'of the " Taniwha "?—taking her light, she is 6 ft. aft and 4 ft. 6 in. forward. When she came up this morning loaded she was drawing 7 ft. 9 in. aft and 7 ft. 2 in. forward. Her tonnage is 191. 7. Did you have any difficulty in getting up this morning?—No difficulty. It is a tidal river.

[W. SULLIVAN.

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8. The Chairman.] At what time of the tide do you come in?— Getting towards high tide. It. still had to rise when I arrived. . , ~ ~ ~ i;,,„. 9 Mr Tunks I Prior to your being in the ■•Taniwha, were you on other steamers trading up the river/ Yes. on (he ' Waimarie " and on the -■Ohinemuri about fifteen years ago. 1 was also on the " Paeroa." ..... i v . u .,.r1,f »-,* 10 What was the tonnage of the " Ohinemuri J—l cannot remember. He draught was about the same as thai of the -Taniwha " when loaded, and when light I think she would draw a little more. She might draw up to X ft. loaded, but she would not exceed that ~ Do V(IU find ally greater difficulty in navigating since the.river has been declared a sludge-channel .ban before? No, no! from where lam running to IV Puke. It is ]ust the same ,s ' :T''nt: , v:,: , l ;;:d'a;:: v ;',:;ances ta &. way of **** »,„ &* is ~.„,», to °* the river, b,„ to lateness on the tide '"' have some twelve stopping-places between Kopu and Te Puke /-Quite that. ; ""' S. OCcSn to give up any of your places „f call below Te Puke since the river became a sludge-channel?— No. r ,. 0 „ti,,? they are 16. As a matter of fact, has not the number ~i places increased greatly?- Yes, they are increasing all the time. i.,n„... ? v OQ • the pffect 17 What sort of a river has it always been-always more or less shallow ?—Yes . the effect of a fresh is sometimes to make a shoal, but it always sweeps away again IS. That is to say. the river is able to manage whatever is brought ,lown?—\es. ID. Have you any reason to think it will not Ik- so in the future?-] should not like to sax that. 1 think'it must be shoaly in the future. ... 20 Why do you think so?-Because there is such an amount ol sand up here that I think it is filling up all'these places, and .■ventually H must come down. 21. What sand are you referring to as coming down which you think will shoal the nvei ?- [t is the sand up here, which was not here years ago. ~.«,,. N . „„„,, 22 Have you found anything in the way of shallows at the entrance to the Gulf ?-No, none. 23. Have You found any alteration in the width of the channel (—No. 24 When'vou are making these calls a. these various places, have you ever to turn lound or to swing out'into the river?—lt depends. We always swing. ,- ,•■ , T ~„_„ 25 I mean, you have an opportunity of judging whether the channel is closing in?-I have nevei noticed it. 'It has never interfered with me in turning. I have plenty ol room. I have not lo industry has been affected by the dudge-channel? Do V(|U cnv ess fish now than you used to carry/ Ido no, think so. We have carried very little Xof late I think it is according i„ the tide or weather. I do not think it IS owing to any Set of the sand I have never heard or noticed thai .he sand had any chect on the fishing. 27 BUve YOU carried less fish within the las, twelve months than during the previous twelve montais/ We may have carried less, but i, is so rarely we ge, fish. The ' 7 Whakatere always You used to go up to Paeroa in the old days: what boat were you in then?—The " Ohinemuri." I was in the " Kotuku " before thai. 29. So you knew the Ohinemuri well in the early days/ Yes. 30 It was a good deep river then, was it not? Yes. 31 \„d before these sands came il was easily navigable up to Paeroa. was it not?-YeB. 32' (an you tell us when you tirs. noticed these sands coming down the nver?-I canno, remember the Year. Il would be more than ten or twelve years ago. To It would be a few years after the river was declared a sludge-channel es ll I',;;;;;,; 1 V()U Dad J go down from ,„„- wharf to the 0i1,,-,- from Wharl Street Wharf and then to the Railway Wharf/ Yes. 35. I think then to Pereniki's Bend?— Yes. •>,O Whit did ihe river get affected with first of all?— 1 his sand. 3?; Do you know where ibis sand came fr 1-1 could make a shrewd guess. There is plenty tla-re'now „ Waimarie „ came t ~ll 1 Y..s • hut it was not owing to the silt first of all. 39~Irter you haToeen at tbf Junction a year or two it began to get pretty bad there?-Yes ? Il You c amined the Junction at one time yourself, and did some engineering works there? Yes I nut in a groin to confine the water. We did it gradually ourselves ll cC YOU live the Commission any idea whereabouts in the Junction you put it in?-I , 'tl iitlsto be Ln now. 1 have no, been there for years. The groin was put in on U Can you remember what length (his grow was?-l should think -00 ft. 43' Did it have the desired effect at the time you put it in?— Yes. 44. 1 think that groin was afterwards added to?— Yes. lo But that was not owing to any recommendation by '™?- No - 4C' Were you using the Junction when it was lengthened ?—Yes. _ I? 0,, you recoenise 'he photo which Mr. Kenny put in this morn,ng?-Ye B tl Mhink. iS 1901 and 1902 the Junction itself began to gel very bad?-It was about that. 1 cannot remember the year.

W. SULLIVAN.]

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to tlif(:,mntM',u;:carie: P1 ' eSoUt;l,i,,nS l " Ml "' RanB ° D '"" ,,,t * il "« 1 «P~fti«ni were made 50. Was that in consequence of the silt?— Yes. 51 Is this the letter sent in by the manager of your company: " N.S.S Company Auckland 26th November, 190. .-The Chairman. Ohinemuri C0n,,,! Council. Paeroa. - Dk , S,H-I have to call you attention to the difficulties of navigation in the Thames River with which ou captains have had „, contend for some time past. The silting-up a, different points between the like and .function wharves ,s obstructing the navigation of our steamers, and if something is ot done very soon to remove the obstructions it is „ question of only a short time when their passage to the Junction Wharf will be stopped altogether. As this is a very serious matter to the district, and may involve business people in extra charges on (heir consignments, il is of in, portance that steps with that object in view should be take, with,,,,, delay in the interests of all concerned I shall be glad to hear from you as early as convenient. Yours faithfully, For the Northern S.b. Company, Charles Hanson, Manager"/ Yes. 52. .That was written at your instigation/ Yes. 53. Is this also another 'letter written at your instigation: "N.S.S. Company, Auckland, IM, December. 1902. Secretary, Ohinemuri County Council, Paeroa. Dear Sir I have to call your attention to the fact that, owing to the shallowness of the Ohinemuri River, our steamers have lor some time discharged and loaded a. the Puke Wharf. As this will lead to constant heavy traffic „,, the road leading from the Puke Wharf to Paeroa, my Board respectfully request that your Council will give special attention ~, this road and keep it in good order and repair lours faithfully, For the N.S.S. Company, Charles Ranson, Manager"? Yes ~4. So we may take it that between these dates, in consequence of ihe river shallowing up between the Junction and the Puke, you had to go down to Te Puke/ Yes. 55. Now, a good deal of sand has come down lately between ihe Junction and Te Puke- this last flood made a bit of a difference?-! suppose it has. but I have not been up I, has been re" ported to me that it has been shallow for some time. 56. The captains of the small steamers have to report these matters to you?— Yes 57. And when obstructions occur in (he Ohinemuri they are reported to you in the ordinary course of duty /- es. 58. It has been reported to you that this portion of the river has been shallowing up?— Yes by both captains. It was a question of the tide going up. If the tide was low they could not Bet through. • 8 59. You have a small steamer called the " Rotokohu " which tows the goods you brine to Te Aroha; and I understand that boat cannot g„ from Te Puke to the Junction at low tide or half tide either?—No, I do not think so. 60. From that fact you conclude that this portion of the river is shallowing up rapidly?— 61 • lVu] y "' li(, i' if this last 11,,,,,! made any difference at all to the river?—No 02. Captain Ileitis seemed to notice that it had had an effect on the banks of the river?— Always alter a I resh there must be more sand on the edge of the banks. 03. The Chairman.] So in your opinion it is gradually accumulating? Yes 64. Mr. Moresby.] I believe your boat has twin screws", and was built specially for this trade? _ 65. Supposing that Te Puke got shoaled up, and you were compelled to go to Kopu, do you think the tact ot your steamers not running regularly would have any effect on the channel?— Yes 60. What effect do you think it would have?—The channel would shallow. The action of the steamers, I think, is keeping it open. They are keeping the river stirred up. That is my opinion. r J 07. The Chairman.] Do you consult from time to time when any changes take place in the " ver ! -Tes ; '" a h( ' sh <•'*-' current seems to divert sand from the banks into the channel, and then it gradually goes back to the banks. 68 ,', Y '! 1 ", ''" ""' think there is an y decre as«-' >n depth ii' the whole over the bottom of the channel?—lhere may be a trifle, but not enough to affect the vessel. 69. Do you think that the action of your propellers muddies the water more now than a few \ears_ago?—l do not think so. It was always muddy and slushy. "0. There is no difference in the colour' of the trail you 1,-live after you? -Yes, in the upper part of the river. Years ago the water was very clear and bright. 71. How many miles down do you notice that ?—The water' is really discoloured all the way. ,2. Mr. Mueller.] Do you remember Mr. Stewart, 0.X., making inquiries from you about three years ago as regards the navigation of the river?— Yes, I think I do. 73. D,'d you not tell him then that you thought there may have been a difference of 6in or less?— Yes. 74. I),, you think that from 1907, when you told him that, up to the present time the river has been getting, not better, but worse?—lt would not improve. ,5. As you now leave Te Puke instead of the Junction, you get down to the mouth of the ' river earlier on the tide than used to be the case?— Yes. ,6. 1 suppose when you were running from the Junction you very often used to scrape across the bar from Kopu out?—Y'es. (7. You do not do Unit so much now?—At times. It all depends on our passage down, because every call means a quarter of an hour. 78. Hut. having a shorter distance to go. you have a better chance of -retting over the mouth earlier on the tide?—Y r es. 79. You only go up with the tide and down with the tide, so you never see the river actually at low water?— No.

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80 The Chairman.] Unless you happen to stick for a whole tide? Yes. 81. How often do you stick for a whole tide/ —It is not often, and it is only caused by tl)6 to* 1 ". 82. Mr. Mueller.] So when you stick over a tide you only see that part of the river where you stick / - -Yes. . ... 83 The Chairman.] Where you have stuck, have you seen any serious change m the river at l„ w tide are the banks gradually pinching in? -No. Any changes that have taken placeover a period of years are not serious for navigation purposes. 84. Mr. Mueller.] The dairy-farmers have a number of oil-launches, and they work the river at all stages of the tide/—Yes. 85. And they would have a very intimate knowledge ot ihe river at low tide/ US. SO. And if 'they stated they consider the sides are ],inching in, and that the deep-water channel is narrowing, you would not say they were telling falsehoods ?—No. ST. You think they ought to know? —Yes. 88. At what time did you get up to Te Puke Wharf to-day? -10.20 a.m. 89. What was the stat;- of the tide then/—lt would Ik- just on the ebb. 90. What was the state of the tide when you were al Netherton this morning/—lt was coming in. 91 You know fisher's landing? Yes. I was there this morning. 92 .lust 5 chains off fisher's landing did not your boat take the ground this morning/— Yes: but she would not have done so if I had Ik-cii there. I was at breakfast, and the mate does not know the channel very well. 93 How long was the boal stationary?- About ten minutes. 91. How long has ihe male been with you/ About nine months. lie had never been on the river before tha,. , • , , i 95. Mr. Mitchelson.] We were told that the river had shoaled m two place- one above ami another below Netherton—and that sometimes the steamer swept over to these banks/ —Yes, that would be at low tide. . iit'ir, Is that bank increasing, or is the water as it has been m the last twelve years. It is shallower, but very little. 1 know ihe place well. We stuck there years ago eighteen years ago. 97. We were also told about the bar outside the entrance: has lhat shoaled perceptibly in the last twelve years/ 1 have nol noticed it. !)S. Do you ever take soundings going out / No. 99. We'were also told the steamers sometimes scraped up the mud after getting across the bar? Yes. . 1,10 Is there am change in the bottom there/ lias lb- water decreased in depth there m the lasl ten or twelve years? 1 have not noticed it. Years ago I have seen the " Paeroa stuck there at low tide. . ... _. 101. The ■■Paeroa's" day was long before the operations had commenced at W aihl >.— Oh, no ! they had begun then. . , • , ■ i> ■ , 102. The Chairman.] Do you see any difference in tin nature ol this bar at Opani I mutts it harder in any way/- No. _ 103 Is the bottom any harder outside tin- Thames /— I here is no difference due to silting. Do you stir up the mud at all going across at low water /—Yes ; it is very thick. 105 Do you find any difference in that mud/ -No. 1110. It is of the same character as it used to be/—Yes. We take soundings with a pole, and you can press the pole down feet. 107 We were told that there is a crust on the top of the mud now, and they have to press the pole to go through it : that is not your experience?- No. The river is hard on the Thames side and sofl on the Piako side. 108 We are told it is possible for tic- sand or silt from the I haines to get washed up into the river in a north-west gale: what is your experience of that/ —It may be washed on to the flats, bul I do not think it would be washed into the river. 1(19. What does the Hat consist of?— Mud and simd. Ill) Soft mud:' Slushy mud on the surface, but not of greal depth. 111. Is there much animal life on it/--l have neve, noticed any. 1 suppose there are some 112 [g there much sea-grass growing on it?— Nothing of that kind. 113. Are there any pipis there now?—] believe so. I think I saw sonic Maoris lielow Kopu getting shellfish a little while ago. II I Have you ever done any poling in the river itself?— No. 11.-,. I),, you think you settle more. ... 1,-ss. i,, -,he bottom now / -I do not see any difference ill the bottom. ~,,-., a i i v 110 Mr Mi/as I You said thai sand accumulates on the banks m the floods.'—l es. 11 T And do you find any special conditions the banks with regard, for instance, to willows where this accumulates? No. It may be. but I would not notice the sand so plain where there 7lB° Do you Olid these accumulations are generally ill the neighbourhood of willows, or is that not your experience! - No. Where I notice it is in the clear spots. '119 You are speaking, of course, of the lower Waihou?—Yes. • 120 You have spoken of the shallow at the Junction near Mr. Kenny s place?— Yes. 12!'. Are you able to say whether twenty years ago there were shoals in that neighbourhood? Yes. it was always a shoaly place.

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122. You remember the flood of 1907?— Yes. 123. You remember bad H,„,,1s prior to that? —Yes. 124. Many/ Not a great many. 125. floods as bad as the 1907' Il I before 1907?- Yes. 120. Mr. Moresby.] |) () you remember, in the 1907 flood, water coining over down at Nether ton and down by fisher's for quite a long time/ Yes. 127. Have you ever seen that before 1907/ No. 128. Mr. Flatman.] At what date previous to 1907 were the floods as bad as 191,7/ It would be years before that. I was in Firth's boat al that time. It was the heaviest Hood I had seen. 129. The Chairman.] That is, a higher flood in the river, but not over the whole countryside? That is so.

Thames, Saturoay, 28th May, 1910. Mr. Bruce attended, and said he represented ihe Thame- Borough Council, the Thames Harbour Hoard, and the Thames County Council, who had joined together to-day for the purposes of this inquiry. Therefore tin- evidence for the one would be the evidence for the other. Thomas Cook Hayi.iion examined. (No. 41.) 1. Mr. Bruce.] You are Harbourmaster and pilot at the Port of Thames / — Yes. 2. And have been so for twenty-eight years?— Yes. 3. During late years has the bottom of the Thames Harbour and the bottom of the Thames River become balder or altered in any way/- Yes, it is harder than it used to be. 4. That would apply to the whole of the front shore. 1 presume, back from the Cods Wharf to Shortland /—Yes. 5. That undoubtedly has become very much harder?— Yes. 0. How far up do you mean when you refer to the Thames River?— As far as the Junction —that is what we understand by (he ■Thames River." 7. Referring to the portion of the river opposite the fairway buoy to the mouth of the river, up till lately what was the nature of ihe bottom there?— Very soft pug, 8. Vessels at certain portions of the tide would hi- able to plough through a foot or a couple of feet of that mud?— They could plough through for 2ft. 9. A boat could have been brought in or out of the river through thai mud/ Yes. 10. What would be the case now?—l do not think that would be the ease now. I took a doepdi aught vessel in a little while ago, and I found I had to back and lill her on the flats, when- I knew 1 could have gone through before at the same stale of the tide. 11. So far as the exact depth of the water is concerned, there is no appreciable difference during the last few years?— No. 12. Hut the bottom has become harder/- Yes. 13. Do you think any alteration in this is on account of the scour.' Yes : and I think in o great measure steamers going up and down assist it. 14. Take- a vessel, for instance, like the bar,pa- "Selwyn Craig": if she had happened to ground a few years ago, what would have been the result -would she have settled in the mud?— Yes. I have seen a vessel like that settle in the mud to the covering-boards. 15. That is, lie in the mud to a depth of 0 ft. or 7 ft.?— Yes. 16. What would happen now if she stuck in the same place/ — She would not sink to anything like that depth. 17. Would she sink to 3 ft./—Yes, but not more than lhat. IS. The Chairman.] What do you mean by the "channel "?—The centre of the Thames River as buoyed out on our chart. 19. What is the width of the channel? In places about a cable and a half: at other places it widens out considerably. At Opani Point it is not more than a cable wide now. 20. Mr. Bruce.] A collide of months ago you took some samples from the bottom and sides of tin- river from Turua downwards to the fairway buoy/ Yes. 21. The sample you look would amount in the aggregate lo about four kerosene-tins full?— About that. 22. What would be the distance?— Seven miles. 23. Therefore the sample taken was a very, very small quantity of the whole? It was difficult to gel that, on account of the rush of water. 24. The. Chairman.] How did you obtain the sample? —I made a spoon out of a stiff pitchladle, and I took it up on a pole as near low water as possible. 25. Mr. Bruce.] You handed these samples to me as Secretary of the Hoard?— Yes. [Exhibit No. 30.] 20. 'Fin Chairman.] Do I understand that all the samples were mixed toe-ether? —Yes: I could not do anything else. 27. And they settled, and this is the result? —Yes. Of course. I looked at the samples to see what the class of the ground was In-fore I put then, into the tin. 28. Hut there is no separate sample for each place?— No. The object was to see if I could I race any silt. 29. How many samples did you take in the seven miles?—l suppose, about fifty. 30. Mr. Bruce] for some years you have noticed a bank forming on the right-hand side of the 4 names Goods Wharf/ Yes.

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31. Do you know where that material is coming from?—l have not the remotest idea where ,l is coming from. , T , ... , 32. Do you think it comes from the tailings of the plants at the lhames?—l do not think so. 33. Do 'you think it comes from the mullock of the tips.' No. 34. You judge that. I presume, by the colour ~f the material?- Yes. 35 The bank has not been analysed or separated ill any way (—No. 30 The Chairman.] How far does this bank run out/—A chain to a chain and a haltgradually tapering. Ii lies alongshore much more than that. It is underneath the wharf, and crawling round the end. , . ~ .... 37. What depth of water have you at the wharf?— About Bft., high water ordinary tides. That is where the steamer lies. . ~,. m i 38 lias i, been dredged at all. „r is that natural depth?— That is natural. -,<) And outside of that in a straight line does the water deepen quickly/—No ; the water recedes from the wharf at spring tides nearly 1,500 ft. That is left bare. 4-0. Is that hard or soft?—ll is hard now for a few chains oh the wharf, but outside that it 8 m f\ Tt Mr 7 Bruce.] Previously, used it to be very soft there/-Yes; you could go up to your UeCk 42 Do yolfconsider tha, the foreshore has raised more rapidly during the last ten or twelve years than formerly / -Yes: 1 think it has considerably, inshore, from my own observation. '' 43 What are the prevailing winds at the Thames? From north-west to south-west. . ,„w m a auy Hslling-boats are licensed at ,1,,- Thame.? There are about e,gh.y-.wo on the register, but they are not all fishing. S, f then, have been sold. I here are forty-two o. opanj to Tmru Point within harbour limits? 1 should think, roughly, four or live miles. 0. How inaiiv creeks have you discharging tailings, ami In,* and sand mto that five miles? TlJie are Tararu Creek, Shellback Creek, Moanataiari Creek, Waiotahi Aqueduct and Creek, Karaka Creek, Nokenoke Creek, and Kauaeranga Creek. 47 All these creeks are discharging mining tailings, more or lessf—ies. , -. i-u ■ t £ The Chairman.] Are they discharging anything but tailings--mullock and debris from the mines? —Yes. 49 And everything that can be brought down from the hills/—les. 50: And drainage from the district / Yes: all the drainage from the town and creeks goes "" These creeks rise very rapidly in rainfall, owing to the situation of the hills at the back ?—Yes. 52 And bring the water down very rapidly I —les. U! Now, between Kauaeranga and. we will say Tararu, what IS he average depth of things and deposit on .he foreshore for a distance of half a mile from the beach/-lhat IS dim cult to say. 54 Will it lie inches? —Yes. 50: or line in this district?_From Albert Street to Shortland tney * Ye of a north-westerly wind is to disturb these banks on .he foreshore?-Yes, I should think so. R8 Particularly a hoavv blow Iron, the north-west (—Yes. 59 In fact can you contradict the statement that a north-westerly blow takes a lot of tadings and sand to Turua up the river?-! cannot contradict the statement, but I do not believe it, 1,11 instance is i, possible for you o, anybody else to say whether ,ha, sample you have placed Ih'/u.v .1,: Commissi!,,, is composed, of up-country tailings or local tailings/-! do not ti ' i " , ; ; ; t Bu P t °voul e -own impression is that it is local?-No; I think it has ~„ lown the river. '"" T£Z !;:,s, ,i;;"',i.:;:r;^'r:; , ,he >e ~„„. -.» ,„ ,«.._■*» since the dredges have been at work. distributed over the foreshore?-I have no idea. 65. Can you say what percentage of that is .stub, <|T *» h tfe of the river? 60. What is the distance of your fairway buoj from Upani roim, —Roughly, two miles and a half. ohannel between Opani .Point and the fairnow than it was?—l do not think it »• 68 Is it narrower now than il was?—l do not think so. It would lie to a loaded vessel.

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72. Mr. Clendon.] Is it not easy to shove a pole 5 ft. or 6ft. in the hard bottom?—At one time you could shove it through easily, but now you have to give ii a few jabs to shove it through. It goes as far, once it goes through the crust. 73. Have you at any time taken a systematic sounding of the harbour/ 1 did three months ago. 74. What did you do? —1 tried the ground between Turua and the fairway buoy. 75. The other portions of the harbour you did not sound I— There was no necessity to do so. 70. What is the velocity of the current running from Kopu to the fairway buoy?—Up to the mouth of the river it runs three knots and a half at times. 77. What is the current at the mouth of the river"?—Al spring tides it is quite a 3A-km>t current. 78. Are there the same number of vessels going to Kopu and Turua for limber of recent years as in former years?— There have been more in recent years. 79. These vessels have had no difficulty in getting up to these mills/ No difficulty in getting there. 50. Or in coining away/ —Yes, they have had difficulty in getting away. 51. Do they sail up or tow up and down/—They tow up now. 82. The bank you told us about on the north side of the Thames floods Wharf is visible at low water, is it not?— Yes. 83. Is that composed of reddish-coloured sand?— Yes. 84. Can you say up-country sill has had anything to do with the formation of this bank? —I do not think it has. • 85. The Chairman.] Where do you know of sand of a similar character?—l do not know of any sand of thai description anywhere. SO. Mr. Clendon. | This has been established since 1867?- Yes. 87. And between 1867 and now this stuff has been going into the harbour/ Of course, it has. SS. Have any of the local authorities al any time done anything by dredging or otherwise towards keeping the channels of the harbour as they would like them?—Y'es : they have walled all the tailings in to the north side of the wharf to the liest advantage. 89. Hut have you done any dredging within the harbour limits at any time? —Yes: about twenty-six years ago there was a dredge here, but she was not a success. 90. What portion of the harbour did you dredge?—We tried alongside the wharf. 91. That is the channel for the boats to com,- in and out? —Yes. 92. The Chairman.] Have these creeks ever been declared sludge-channels/—Not to my knowledge. Mr. Bruce: They are not proclaimed slude-channels. 93. The Chairman.] Has your Hoard ever taken any exception in any way to this material being deposited from the creeks/—Yes: and made everj endeavour to prevent it. 111. What action have they taken /—Built walls t,, keep it in. and compelled the companies to retain their tailings as much as possible, the W'aiotahi Coin],any especially. 95. Is it nol illegal under th. Harbour Act to throw material into such places when- it may be swepl into the harbour/ I bt-lieve it is. 90. You are cognizant with the Harbour Act? —Yes. 97. You have never taken any action against anybody- you have welcomed this? -No; the Board has made every effort, so far as my knowledge goes, to prevent that sort of thing. Mr. Brute: The provisions of the Harbours Acl in that connection have been ignored because the Hoard did not wish to interfere- with the mining industry. 98. Mr. Myers.] I suppose you are not prepared to deny that large quantities of Thames tailings have escaped on to the foreshore/ Certainly not, because they have. 99. You, I suppose, would not be in a position to give any idea as to the aggregate quantity in any given number of years that has so escaped?— No. The only way lo get that is from the battery-returns. 10(1. Do you say. or do you not say. that these tailings have been damaging the Thames fore shore? —In what way 1 101. In any way?—lf ii is filling it up, most emphatically they have damaged it. 102. And some' of these tailings would be washed away/ I reckon they would lie washed inshore. 103. And you have told us. I think, that the foreshore has been raised rapidly inshore?— Yes. 104. Then, may we take it that thai has been done by the Thames tailings?—l do not know what other tailings would do it. 105. Y 7 ou were here in 1895?— Yes. 106. I am informed that in 1895 the question of this proclamation of the Waihou and Ohinemuri Rivers as sludge-channels was discussed by the Thames Harbour Board and approved by the resolution of that Board: is thai correct?—lt was not approved. It was strongly fought against, and only carried by a casting-vote. 107. I do not care how it was carried: I am asking you whether it was not approved by a resolution of the Thames Harbour Board?—l suppose it was. 108. You know it was?— Yes. 109 Mr. Moresby.] You stated that the depth of the channel was not less, nor is it narrower, but the bottom is harder : now, is there a bank at all mi the right-hand side of the channel going ol ,t?_Yos, there is a shallow bank of shingle and sand. The bank is from below Opani Point to abreast of Tararu.

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110 Where is the shallow bank'—Abreast of Opani Point. Hi" 4 hen what does it become?- Il goes into shallow shingle and rough sand. 112.' How long has that bank Ik-cii there, to your knowledge! Since Captain ( OOK B day. 1 have seen his chart, and il is on his chart. U3 lias the position altered at all/- Not mmy time. l | | Has the bank increased at all/-Tha, 1 am not prepared to say. because I have not taken the trouble either to survey or sound it, because there was no necessity to do SO. LIB Then we may take it that you have take, no observations?— That is so. 16 Have you taken any actual observations yourself as to the velocity of the current sa a Kopu ! Y eB; vv.- tried il some two years ago, and thai was about the average-between two and a half and three and a half knots. 7 M Whal state Of the tide?-Thc biggest run was about two hours alter high wate, [IS. When did you lake your observations/ Right through the whole tide. It IS marked on thC C \v)'The Chairman.] Who made thai chart ?-lt is a copy, 1 think, of the original char, of the L ;,;, M w;:;rr t ,: AS^-n»-. , . oo Py « . car, ~ cap,,,!,, d,,,i,- ««. ,he '"iTlr^irX:; 'Can you tell us what the velocity of the tide is. ing in /-It does not run as hiirh oomine in as eoing out. It runs a knot an hour less. ss LTh< Chairman.]* And in times of heavy .1 lor freshes in, the river it would be less 121 What do you consider is the minimum velocity?— About two knots. ill Mr Morelby.] Can you tell us how long the tide ebbs al Kopu, say/-It ebbs ab,„„ seven hours and Hows about live hours. nl , reu jt „i, ~.,.,.,.,] r.ilinM from the L 25 Have you from any observations you have made yourself observed tailings ''•• ». : '.:--ttr ■ i i , ±:;;xi';,,.^i'n, SS3S=J l a »i. m; ;« ; i, to do «, T1,;.,v X ..-, !"..« «,.-,., ol l~id. .-1........-1. .....I »»U ---. ™" "- '». ' """"i'!,; 1 ", ~,,„„„ i„,,,,.... ......* <>.-»«»."-'»'■'"»."- ■ Bai ' '•'■"' "*'* int ° i •»p —*—"»■"™» buoy and Opani Point?— No. ' 129 In fact, you have never seen anything oi the sort I—JMO. «." £«■*,- '—"■» ,'•' i .i ,- ,i. . ,-iv.i-' No- L have never had occasion to be over there. M incredible? Oh. yes " en dSbris going out of ""' f S ra ß , "»S;.] h 00l the place where the principal part of the tailings made a, the Than,,, ~,,, ih! damagJ of, he channels. -Yes: , hey have always d 0,,- s ■ the last twenty yearB l" 3s What amount of tailings would you say there were in that ca.chment-a million tons-I 3 r *~- Ba Pc , * *«*. or » a- * f ' tl t S" 52. £ the 2M£ ,hat are ~„ the f0re5.,,,,,-: bu uld thai apply I atchmentarea between the Goods Wharf and Hurunui Creek?— No. 140 There are tailings on other parts of the loivshore/--W 4] Which were placed there a good many years ago / -V-s . w,„U years ago. 119 fM 1-,,. veirsTcrushing here, unfortunately, has been small/ Yes. „...,., ~ into the harbour?— Yes. 14.i. Is the method adopted fairly eaecive?-Yes 110. Nothing but a quantity of what are termeo veiv nne ,1:,,,, vorir- instructions are to prevent any persons turning tailings on to the foreshore until they make provision for their storage?-Yes, I believe so. ' 1 <8. And you carry that duty out to the best of your ability?— Yes. Thomas Jackson examined. (No. 42.) 1. Mr. Bruce.] You are Foreman of Works for the Borough of Thames?-Yes. 9 4nd have been so for the last four years?— Yes. l PH Or t0 that! for twenty yea,, you were carpenter for the borough and the right-hand man of the then Foreman of Works?— Yes.

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I. So you have been for twenty-four or twenty-live years in the service of the borough/- Yes. 5. During that time has it been your duty especially to look after the drainage of the town? Yes, the drains and outlets. 6. There is no main sewer through the Thames/ No. 7. The drainage is through shallow channels on the sides of the reads/-Yes. leading into culverts, and then conveyed to the foreshore. 8. Now, in taking your drainage on to the foreshore, the level of the foreshore is the primary si art ing-point /--Yes. 9. lias that level been altered at all during the last few years?— Yes, considerably. 10. During the last twenty years what has been the evtenl of the rise in the floor of the foreshore? About 3 ft. 11. During ihe I.is! ten or twelve years has the rise been more rapid than during the same period anterior to that? —Yes, rather more rapid. 12. From your knowledge, is the amount of tailings that has been made at ihe batteries in the last ten years less than in the previous ten years? On the south end only. Tha north end is the principal pla.ee where crushing is going on. I do not suppose the battery in the Karaka Creek is going six weeks in the year. 13. Previous to ten years ago it was going continually, was il not / - Yes. In the Hape Creek there are no batteries at all. 14. Is there a battery on the Thames side that goes constantly with the exception of the Waiotalli / No ; thai is the only battery on the Thames with anything like constant crushing. 15. Is that going on,- oi three shifts? Up till rea ntly it was going three, but now only one. 16. Do you remember (he openings or culverts laid down by the Public Works Department on the railway-line?— Yes. 17. Could you walk through these culverts with ease when they were first laid down/ Yes. (hie at Shortland 1 could walk through just by bending the head, and one in Albeit Street had about 2 ft. of clearance. 18. And the bottoms of these culverts would then b, level with the foreshore/ Yes. 19. Can you walk through these culverts now ?- No. 20. Can you crawl through?— Yes. ' 21. 'lhat you consider is very good evidence of the rise in the foreshore.' Yes. That is how I gauge ihe depth that the foreshore has made up. 22. The borough has been in the habit for some years of removing large quantities of dibris from the mouth of the Karaka Creek/--Y'es. This year we have just completed a contract for 1.00(1 loads. 23. The usual practice has been 1., remove between 800 and 1.000 loads/—Yes. We have removed as much as 1,500 loads ill one yon 21. This annual removal of tailings from the Karaka has only been practised during the last ten or twelve years /--Principally. There was very little previous to that. 25. Tin Chairman.] You use the term " dSbris ": do you mean gravel/ -No; it is gravel ami everything mixed—mullock, &c. It is used to (ill up low-lying places. 20. Mr. Clendon.] You omitted to mention the ore that has been crushed ill the Tararu Creek/ -Yes, they have a battery there. 27. What quantity has been crushed in the Tararu Cnek during the last three years/ -I think the battery was only running one shift, but lately it has closed down altogether. 28. Can you give any idea of the quantity of ore crushed in the Tararu Creek in the last two or three years / — No. 29. What has been the rise in the foreshore between Tararu Creek and the Kuranui Creek/--That has no! filled up such a great deal. 30. lias it filled il], at all. and. if so, to what extent/- I ,1, t think it has tilled up at all. It depends on the wind, which brings the gravel up and down. 31. What has been the rise from the Kuranui Creek to the Karaka Creek/ —About 3ft. 32. From the Karaka to the Kauranga/- That will be much about the same. 33. Would you say or would you not say that the railway along the sea-shore has been a factor in the raising of this level?—l do not think so. It is outside the railway. 34. But has the railway played no part in the raising of i: in the westerly winds/- I do not think so. 35. Have you made any examination of the foreshore at all outside the level you have spoken of?— No. -'10. Th' Chairman.] Have you ever walked out on ihe beach at low water? Not far out. 37. Is it too soft /—lt is soft, but it is considerably harder than it was previously. ■ l.s. Mr. Clendon.] You told us you have been in the habit of taking away 1.000 to 1,500 loads from the Karaka Creek: what quantity comes down ycarh ' 4 hat is about tin- quantity. We usually lake away everything that coiiies down. We have just finished taking away 1,000 loads for the last year. 39. And the previous year?— Fifteen hundred loads, which contain a yard and a quarter. 40. You cannot say whether the up -country tailings and slimes have had anything to do with the raising of the foreshore?—] cat say at all. 41. Mr. Vickerman.] In reference to the- raising of these culverts from the railway, is it not simply because they have not been cleared out /-No: they have their level right through.

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Chaki.es Taylor examined. (No. 43.) 1. Mr. Bruce.] You are a member of the firm of Taylor Bros., fish-merchants, of the Thames? —Yes. 2. You entered upon this business about two years ago?— Yes. 3. Prior to that you were for a number of years engaged in fishing?— Yes. I. 'lou were the owner of your own boats and gear?— Yes. ."i. How many years ago is it since you started fishing?— About seventeen or eighteen years ago. 0. At that time what was the state of the bottom of the foreshore right round within the Port nl' the Thames—l mean, above low-water mark?—Of course there were always patches of soft and hard, but there is more hard now than there used to be. 7. At that time was not the foreshore, general!) speaking, of a soft, oozj mud/ Yes. 8. But the 1,0i1,„n now is hard/ Yes. 9. lias the bottom become perceptibly harder, say, during the lasl six or seven years.' Yes. 1,1. Prior to ibis, fishing poles were pushed down into the mud to fasten the nets/ Yes. 11. I presume that was fairly easy work?— Yes. 12. Of late years what has been ihe position/ Anchors have taken Ihe place of the poles, because it is too difficult to drive the poles through. 13. The poles would be much more preferable?—Oh, yes I 14. You know the Thames River very well/ Fairly well. 15. You used lo fish up the river/ Yes. a good deal. 10. How far from the mouth/ As far as what we call Whitehouse's, which is ihe reach above Turua. 17. Did you fish successfully there/ —Yes, very. 18. I'], till when/-Till about seven or eight years ago. and it has gradually fallen off since. 19. The Chairman.] Is that the quality or the quantity of the fish?- Quantity. 20. The quality is the same? To a certain extent not Ihe size so much, but we get a great many dead fish. 21. Mr. Bruce.] Do you attribute the falling-off in the quantity of the lish to the bottom becoming harder/ Well, yes. The mud al the bottom has become different. The silt is taking the place of the natural sea-mud. 22. The Chairman.] Bow do you know thai the silt is now taking th. place of the natural sea-mud/ What are your reasons for making that statement/ I am strongly of lhat opinion. 23. Have vim any reasons, or is it only an opinion/—Well, certainly I have my reasons. 21. You have given us one ihe larger number of dead lish! Yes. We could also sc<- the difference in the colour of the mud. It is much whiter than it used to be. and of course we attribute ihe bottom becoming so much harder to that. 25. May it not be due to the fact that the place has been overfished, and that the natural food of the fish has been eaten out I If that was the reason I believe it would apply elsewhere, but across the Hats it does not. Why should that be an exception? 20. I do not know: I an, asking you?—l fail to see why there should be any exception. 27. Y r ou do not think it is so?—I do not. 28. Do you think there is as much shellfish and f I on Ihe fiats as there used to be/ Yes, exactly. 29. So there is no loss of life in the shellfish/—Well, when you gel well clear of the rivers there is no difference, but it has affected round the rivers. .",(1. Mr. Bruce.] And also the portions of the Hat abutting on the river/ Yes. 31. You contend that wherever the bottom has become hard the fish-food has been destroyed? —Yes, where it is hard through what we think is the silt. 32. That is to say, it is more difficult for the shellfish to get through the crust than if it was soft?— Yes. 33. In your opinion, is it on account of the tailings of the Ohm. iniiri district being taken into that river ami being brought down that the bottom has become harder/ Yes. 31. And the tendency of that hardening is to reduce the lish/ -Yes. 35. The Chairman.] So far the witness has been merely giving evidence in regard to the foreshores: what about the part outside that is no' uncovered at low water/ Do you think that has become harder on the bottom, too/—! do not think that it is affected perceptibly. :!(',. Mr. Bruce.] Ther: used to he good fishing opposite the town on the eastern bank of the river I -Very good. 37. Is it so now? —It is very exceptional to be anything of consequence now. 38. The waters inside the river from the luoulh up to Turua have always been of a dirty nature?— Yes, owing to the scour of the tide. 39. Have you noticed any difference it, the colour of this water of recent years/ Yes. 11l \; what stale of the tide? —On the strong ebb tides of spring tides it is whiter than with the usual current. 41. The Chairman.] Captain Bayldon told us thai at the slackest time there was always a velocity down the river of two knots: how can you have the harbour-mud up as far as Turua against that current? —A strong current runs up on the Hood tides 12. Do you agree that running up with the Hood there is a minimum velocity of two knots running out ? —Yes. 13. And three ami a half mi the ebb/- Yes. aboul that. 11. And that carries the mud up as far as Turin, / -Yes. 15. Mr. Bruce.] Is the main fishing in the Thames River from the mouth to a point opposite Kopu? Yes, from Opani Point to abreasl of Kopu. 10. How many boats have you seen at one time engaged fishing ther ' Twelve to fourteen is the most.

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47. The average would be about eight to ten in the season? —Yes. 48. And all fairly successful?— Yes, fairly. 49. What is the position now? Is that a good fishing-ground?—lt is not to be compared with what it was. 50. As compared with eight to ten boats formerly, what would be the number now? You seldom see one. 51. The average would not be more than one?— No. 52. Mr. Mitchelson.] What is the distance between the points you refer to?— Scarcely a mile. 53. Mr. Bruce.] Of course, all localities of the fishing are liable to good and bad times? More or less. 54. Hut in regard to this particular part of the fishery, would you say it was always bad?— It is very exceptional if it is good where some few years back it was the reverse. It was exceptional if it was bad through the summer. 55. During the time you were fishing some years ago, was the river up to where you used to fish fairly full of fry and young fish in the season? —Yes, in the warmer months. 56. Do you consider that the fish spawn in these fresh-water rivers?— Yes. 57. Would one find the same amount of fry that one would find, say, ten years ago?— No. 58. Nothing in proportion?— No. 59. Do you find any at all? —Very small quantities. GO. This applies to the Thames River?— Yes. 61. Does it apply to the Piako River?— No. 62. The fry in the Piako is as ample in the season as ever? —Apparently so. 63. Occasionally, you are aware, then- are a good many dead fish —eels and flounders principally—in the Thames River ? —Yes. 64. You very often find these fish delivered at your freezing-works?— Occasionally. 65. You know they are stranded and dead fish?—Y'es; we know the difference at once. 66. During the time you were fishing there did you ever see anything similar to that?— Yes, as many as four or five dozen fish on one ebb tide. 07. Did you see anything of that kind when you were fishing prior to some years ago?—No; it is only of recent years. 68. How many years?— Something like six or eight years. 69. Would it be possible for a net left down between a tide to account for this?—To a certain extent; but a fisherman would know the difference between a fish merely drowned in a net and one killed. 70. What is the size of the mesh? —Four-inch. 71. Would an eel drown in a 4 in. mesh or a 3 in. mesh /—No. There are very few eels in the river we would catch. 72. Would you occasionally get dead flounders in a net, supposing the net was left down during the length of a tide? —Occasionally you would get one. 73. But, as a rule, do the flounders get killed in the meshes of the net/ —They do, more or less. Occasionally they break away when drowned, and we should get them again. 74. Supposing a net were left down in the river, say, on a flood tide, and it was not drawn, I presume that net would be swept above the poles on the reversing of the tide, and would swing in and lie practically turned inside out?— Yes. 75. And you consider any fish caught on the Hood would be tossed out on the turn of the tide/—Yes. Of course, it is against our interests to allow the fish to .go out. We take them out liefore the tide has finished running. 76. Is it the practice of any persons that you are aware of to leave the nets down? —Over a slack tide during the fishing. 77. Supposing a fisherman were fishing the bank, say, in any portion of the Thames River, and was going into Shortland to sell the fish, and not going back the same day. would be lift his nets?— Yes. 78. Always?— Necessarily he would. 79. If a fisherman was merely going to Shortland with fish and for a supply of food, he would not deem it necessary to lift them?—Of course, lie should-return before the tide turns. 80. You are satisfied the dead fish are due to something coming down the river?— Yes. 81. The prevailing winds at the Thames are from south-west to north-west?— Yes. 82. And they cause the silt to settle along the foreshore?— Yes. 83. What is the value of the boats and gear engaged in the fishing industry here?—l should say somewhere about £20,000. 84. They are principally oil-launches? —Yes. 85. The Chan-man.] We have had it in evidence that there are about forty-two or forty-three boats engaged here: what is the value of each one —about £500?—The boats and gear would represent about that. 86. What is the general tonnage of the best boats? —Three or four tons. 87. Whal horse-power engines? They range from live to twelve. There is a lot of gear. I had at one time 150 pounds' worth of gear myself. 88. How many boats was that for? —One boat. 89. Mr. Bruce.] Have you any idea as to the annual value of the fish caught here? —I have never gone into it closely. 90. So forty boats are engaged in the fishing. What would be the average catch per boat per week ?—I should say £0 or £7. 91. Taking an average all the year round? —I should say about that. 92. Mr. Mitchelson.] How many in each boat?— Usually two; sometimes there are more.

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93. The Chairman.] We have it there are forty-two boats engaged: how many men are engaged in them, do you think? —I should say about a hundred. 94. These are all in and around the Thames?— Yes. _ 95. Mr. Bruce.] What is the most you ever made in one week ?—llnrty-six pounds. Others have made more. , . T ~ , 96. You were generally recognized as a hardworking and successful fisherman /—1 think so. 97. Mr. Clendon.] Were there any oil-launches seventeen years ago?— No. 98. And how many fishing-boats?— Fifteen or twenty boats. 99 How do you compare the number of lish caught now by these forty-two oil-launches with the number caught by these sailing-boats seventeen years ago?—l think there would lie three or four times as much caught now , 100 Would the presence of these forty oil-launches fishing daily in the gulf have any effect on the scarcity of fish in the river?— Well, if the fish came into the river they would thin them out quic- presence of these forty oil-launches fishing in the gulf show the reason of the scarcity of fish in the river at times/ —No, I think not. 102. You only fish in the river during the summer months/ Generally. Ot curse, we have fished all the year'through in the river. 103 Would you be surprised if some fishermen go into the box to-day and state that last summer was one'of the most successful summers they have had in the Thames River?—l should not be surprised at anything. . . . 104. To what cause do you attribute the dead fish?—ln my opinion it is the difference in the bottom of the river—to the mud changing its nature. 105 Are there not some fishermen who set their nets on Sunday morning, and leave them set until Friday night, working them all the time except when they are delivering their loads to the steamers?—l will not say it has not been done. 106 Is it not very "frequently done?—Y'es, that has often been done. 107. Would that fact conduce to the death of a number of fish ?—Not if they worked the nets 108 That is the nets have to be worked once on the ebb and once on the How ?—Yes. 109! And do fishermen sometimes go to sleep ami fail to work the nets once on the ebb and once on the flow? —Yes, a few. , 110 Are there not a number of Maoris and settlers who have their nets constantly in the Thames River below Turua?—Not while 1 have l>eeii fishing. I have not been fishing for the last two years. ,„ ~ , . . ~ ~ "ill. Do you mean to say (hat none of the residents ~l Turua were hshing during the time you were fishing in the Thames Piver?—Occasionally. 112 Did they leave their nets set all the time?—No, they dare not. 113. You said it was not easy to drown an eel: is it not a fact that when the nets are being overhauled a number of eels slip into the dinghy?— Occasionally a few do. 114. Have you taken any samples of this hard bottom in the Thames you have spoken ot / No. 115 For the last two years you have had m, personal knowledge of the Thames River?— No. lio! Would the fact of small fish such as whitebait being killed up the Thames lliver affect the scarcity of lish at the mouth, or conduce to that scarcity ?—Not of flounder, I think. 117. You stated there was £20,000 invested in boats and gear: tell ns the biggest price paid for a fishing-boat here? —I do not know. 118. What did you pay for yours?—The boat was a little over £300. 119. The gear,'as a rule, I suppose, represents £40 or £50?—1 have had as much as 150 pounds' worth. .... 120 1 am taking the average fisherman: what is the value ol his gear—more than i.40 I — I should'sav more than that. I should say nearer £100. I should say about £80 or so 121. Are the nets used now longer and bigger than the nets used seventeen years ago?— About the same. . , . , ~ .. .. ~. , „ T t 1 122. Is the bottom any harder on the western side of the gulf now than it used to be?—l did not notice any difference. . 123. Which particular area, to your knowledge, is harder than it used to he?— All along this side, from Opani Point to Tararu Point. 124 What other area?— That is all I know of. 125. Do you notice any falling-off in the fish in the Piako River?— Not while I was hshing there last —two years ago. 126 Is it not an accepted fact that the fish have gone into deeper water in recent years owing to the number of fishing-boats?—l do not know about going into deeper water, but more boats catch them quicker coming into shallow water. 127. There are other freezing-works liesides yours on the Thames? —Yes. 128! And both of these works send large quantities of fish to Auckland?—We do not. 129. Does the other firm ?—Yes. 130. Do you not send large quantities of fish daily up-country ?—Y'es. 131 For how long have you been doing so?— About two years. 132 Is it not a generally accepted fact that the fishing industry on the Thames is 111 a more flourishing condition now than ever it was?— There is more fishing, and more fish caught and sent away. . _. . . ... . . n . 133 Have the quantities of debris and peat coming down the Piako and Waitakaruru ( reeks had any effect on the fishing industry ?— It impeded the catching of the fish for a little while.

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134 Has it got over it now, or is it still affecting the industry to a certain extent?—l do nof know. 1 have heard no mention of it lately. 135. Mr Myers.] When did you establish your freezing-works (—Nearly two years ago 130. And when aid the other firm establish its freezing-works /—About six or eight years ago 13,. And may we take it that your own business has increased of late years/—Yes. 138. 1 hope that with your business your profits increase according to your statement?—! expect they do. 139. So that you have nothing to complain of personally?- Of curse 1 have the interest of the hshing industry at heart. 140. I suppose you will act upon the principle of live and let live/—Yes, certainly. 444. Then why should you, who have been increasing your business and profits, and catching more lish and selling more fish, complain, or what do you complain of?—lf 1 can see a way to do it much letter still, and 1 am impeded, why should 1 not? 142 Rut you have already said that a larger quantity of fish is caught now than ever before? —Yes. 143. Would you mind telling me what was the best fishing-ground in this neighbourhood, say, ten years ago.' The Thames ttiver I'm- three months in the summer. 144. And at other times /—Different parts of the flats, according to the weather. 145. And 1 suppose it is fair to assume that a fishing-ground would vary/—More or less. 146. What is your best fishing-ground now/—I do not know, as lam not fishing at present. 147. Rut you have a pretty good general knowledge: you make inquiries amongst your men/—Yes. US. Are there any particular fishing-grounds at the present time which are better than the same fishing-grounds were some years ago /--There i.s none but the Thames River I see any difference in. 149. The number of fishermen and of boats have increased since seventeen years ago: has there been an increase in the last five or six years?— Yes. 150. And there is no reason to licliove that they are not all making a living? No. 151. And some of them doing very much better?— Yes. 152. You have spoken of the number of dead fish?— Yes. 153. Do you suggest that these lish have died of starvation, or of what?—Of course, it is flounder principally. They are fish that live on the bottom, principally in the mud; and put them into silt instead of sea-mud, and they are lost. It may lie starvation then. 154. 1 suppose lish are like everything else —if they cannot get food in one place they will go to another/—Yes, if it is not too late. 155. Then you would suggest these lish have been killed practically by starvation?— Yes. 156. The Chairman.] Are the fish found dead very thin, and do'they show signs of emaciation /—No. 157. It is not a slow lingering death, but a sudden death /—Of course, we have not analysed them exactly. They may be blown out with wind and water. 158. Mr. Moresby.] Of your own knowledge, you do not know what the conditions are in the Waihou at the present time? —No, not since two years ago. 159. Have you yourself noticed any silt ill the river, or what you know as to silt/ I have noticed the difference in the mud. 100. Have you taken any steps to see if there was any on the banks?—l have never taken any up and had it analysed. 161. Do I understand from you that, while fishing i.s bad in the Waihou, it is good in the Piako?—Yes, while 1 was fishing there. 102. Do you know Mr. lieddish ?—Yes. 103. 1 think he gave evidence before the Warden a few months ago?— Yes. 104. On that occasion it was stated that your evidence would be the same as his? —Yes. 165. With your consent?—l did not hear his evidence, but I assume it would be practically the same thing. 100. Mr. lieddish in the evidence says, ■•There are i c lish caught now than were caught live years ago. Occasionally catch fish in Piako. Not much fishing done there "?—Well, I agree that it is occasional. 107. Rut he says there is not much fishing done in the Piako?—lt depends on the time of the year. 105. You have given the Commission to understand that the fishing has not fallen off in the Piako, and that there is a plentiful supply of fish there: but that it has fallen off in the Waihou? —Yes, in the season. 169. Do they not only occasionally fish in the Piako, and there is not much fishing done there at all?— Only in the season. 170. You admit there is not much fishing done in the Piako?—Not at this time of the year. 171. Do you think the evidence given by Mr. lieddish in respect to the Piako is pretty correct / —Yes. 172. You estimate ihe value of boat and gear at £500/—About that. 173. Is that an average value?— Hardly the average. It is rather overestimated, taken right through. 174. Do you not think that half would be nearer the mark?—No, nearly £400. 175. Mr. Reddish says. " I should think £300 fair value to put down for each boat, including fishing-tackle": do you agree with that?— Perhaps you will call Mr. Reddish for yourself. I have not gone into the figures exactly —it is merely a rough estimate. 176. I think the class of anchors used are mud anchors? —Yes; we have specially large flukes to hold the mud.

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177 Do these anchors hold on hard ground?— Equally as well. 178 Mr Flatman.] Where do you find most dead fish?—ln the Thames River only. 179' There has not been the same result in the Piako with the fishing there?—No 180' To what do you attribute that difference?—l can only attribute it to the bottom changing If it were the nets doing it, we should get them equally in the Piako as in the limine. River. 181. The bottom has not changed in the Piako in the same manner as in the Ihames ?-No 182 The Chairman.] Does the Harbour Hoard charge wharfage, on all fish going out of the Thames by sea /—Wharfage on fish has only been charged in the last twelve months. William Reddish examined. (No. 44.) 1 The Chairman.] Did you give this evidence before the Warden's Court on the 30th Sep tember 1909 : -William Reddish, on his oath, saith: Fisherman residing at 1 hanies. I have been nshin- all my life. There has been a marked difference in the fishing in the river during the last few The river used to support six or seven boats, and now a boat or two just go there occasional v- No fish there to catoh" I think the fish are deprived of the food they used to get Tthe r ver Something hard has formed on the bottom of the river m place of mud Used principal to catch flatfish in the river. We get flounder both in deep water and on the flats. Flounders in the river get their food amongst the sea-worms and cabs which they get on the mud. The coating of the mini with this hard substance prevents the fish getting their I Ihe weather h-is m effect on the fishing-bad weather prevents us fishing. In summer-time we could formerly fish n tho river when we could not lish outside. In summer-time we fish m shallow water. Former ywe se Ito Z a good deal of fishing in the river-it is not so at the present time We used generally to -1 v r nets with long poles. We cannot do that now because the bottom is hard I bis « between OprPoint and KopV About five hundred people dependent on fishing About i orty or•«* bog. engaged in fishing. The fisherman after his expenses are paid should make £4 per week. His g should be about £6 per week. The average is about three men in • krt-Hprhg not quite that. I think it would be fair to say that after paying expenses about £20,000 a jeai " mad at Thames by fishermen. The market, price for flounders is 7d. per dozen for small and Is 9dl per do en for large. In summer-time the retail price would be about double that There are two P f cc i,Tg-works established at Thames in connection with the fishing industry. I should think £30ttfah- value to put down for each boat-including fishing-tackle. Cross-examined During la. five years fishing-boats and men have increased. Have noticed decrease of fish in rive. for perhaps last five years. Fish as a rule never go out of a river that is a spawning-bed. This iver a P spaw„ing-place. Only catch a few there now. There are more fish caught now than were caught five years ago Occasionally catch fish at Piako. Not much fishing done there. He examined A few years ago fishing was clone by sailing-boats; it is all done now by oil-launches SETS** reason 7 why there are more men employed in fishing and why more fish are caught / —Yes J addty-thiiig-to it or take anything away think so. I may say that £300 only included the launch-it did not include the tackle. My boat cost £300 without the tackle. , r-ion 4. What did your tackle co.tJ-1 could not say exactly. Something under £100. 5. Your tackle wears out very considerably?— Yes. ~.... .„ ~,, , , «.._„ 6. Mr. MeVeagh.] How long has the fishing industry been established at the rhame.?—Somehave any steps been taken by the Government to establish protected or breeding areas? —Not that I know of. Cecil Hatward examined. (No. 45.) 1 1//- BiuccA You are a fishrman? —Yes. , . . 2. The Chairman.] You have heard the evidence of the previous witness, ami confirm it in every particular? —Yes. James Monteith McLaren examined. (No. 46.) 1, Mr. Bruce.] Up to two months ago you have been Engineer to the Thames County Council l-o,- -, number of years for about twenty years. „..,,, ..0 2 You were aE at one time District Engineer for the Auckland Provincial Government ?- YCS ' 3" TlfetuS o d fTour district at that time would take in Ohinemuri ?-Yes. 4 1,, September last did you have any samples taken out of the drains at Cryer s Landing, Wharepoa, and Oinahu ?— Yes, out of the swamp drains. pr „e the brought lhcm ,„ (hs Thame » „ nd ~„ded ,l»m to Mr. Baker, Director of the School of Mines, to analyse.

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v 9 'r^. e i th . th ?„ sa n m P les by Mr. Baker after treatment, together with this report?— res. [JtiXhibit No. 31.J r 10. The Chairman] Will you tell us where you took the various samples from?—No 1 was lrom Cryer s Swamp Road, near the river. 11. What portion of the river ?—Just opposite where the barges get sand 12. Was the dram you took it from under water?—lt was fairly dry ■ • t; !' ?°* '." t from , the river-bank/-About half a chain. Sample No. 2is from the same dram halt a mile from the river. No. 3is from the Wharepoa ttoad drain on the south side, half a mile back from the river. All are from the bottom of the drain-not the sides. 1 may mention this is under tidal influence. No. 4is three samples in one from the bed of the main Thames River near Turua, at low-water mark. We took it out with a baler from a flat-bottomed punt 14. Ihese drams have no connection with the hills at all?—No; there are no streams runmmr into them. b 15 Mr. Bruce] Up to eight years ago there was always a sandbank in the Thames River opposite Turua?—Yes. 16. Is it there yet?— Yes. 17. But at that time it was practically one at low water /—lt was one at half-tide 18. With a fairly deep channel on each side?—Y'es. v 19 ', £, b n ° Ut that time yOU Wele looki »g fw » suitable site in the Thames River to fix a ferry?— i es, in 1902. J 20. And you hit upon this as a favourable spot? -I made a survey, and took depths and everything else. This is the plan 1 made [Exhibit No. 32] in connection with the report I made hxmg a ferry at this spot 1 have also a little map 1 made of the locality shortly afterwards In January, 1903, nine months afterwards, the channel was quite closed, and a bank had grown over the place where I had previously had 1 ft. 6 in. to 2 ft. 6 in. of water. Consequently the scheme for a terry had to be abandoned. 21. Have you thought out the cause of that eastern channel being filled up I— l took it to be owing to the immense amount of silt coming down the river; for 1 had known that channel to be open tor thirty years before that. 22. Would this be mine-silt or battery-silt or silt from the drainage of the country?—l took these samples to prove what it was. It is very difficult to say unless you analyse it. , £ 23 - T \e r /iairman.] You practically took these samples only recently, then ?—Yes, for a case before the Warden s Court. 24. Mr. Bruce.] In 1876, when you were District Engineer for the Provincial Government, did you have the Ohinemuri snagged at any time?—lmmediately -after the opening of the goldfields I got instructions, and had the river snagged from the junction with the Waihou at Paeroa to slightly above the present county traffic-bridge. 25. Shortly after that snagging did the Government steamer " Luna " go up the river with Sir Donald McLean ?—Yes; I saw her at Paeroa. 26. Have you viewed that locality recently in passing through ?—Yes; I was up about twelve months ago. r 27. Do you think the " Luna " could get up there now? —No. 28. How far do you consider the bed of the river has been raised at that point?—l had about an hour to spare, and I went over it just for my own satisfaction, and I reckon, after raising these large trees and snagging the river we had about 7 ft. of water under ordinary conditions and without heavy rams, below the bridge. I consider the bed of the river has risen actually 7ft or o ft. now compared with what it was. . -I 9' Tht a uhairman -] You say the bed of the river has risen, and the water-level has risen with it, 7 ft. to 8 ft. about what is called Snodgrass's Landing?— Yes. 30. In other words, there is some 7 ft. or 8 ft. less bank above water-line now than there used to be?—-Yes. 31. Where there is 5 ft. now there used to be T2 ft. aud 13 ft. ?—Yes. 32. Therefore, at the present time a very much less flood by some 7 ft. or 8 ft. will spread over the land ?—Yes. The width appeared to me to be very much the same. 33. Mr. Clendon.] I suppose you have read in the papers the evidence given before this Commission at Paeroa?—l read some of Mr. Metcalf's report, I missed some of the evidence. 34. Were you an official of the Thames County Council in 1895? —Yes. 35. Did your Council approve or disapprove of the proclamation of the Ohinemuri River as a sludge-channel?—l do not know that the matter was ever referred to them. I do not remember. It was never referred to me. 36. Were these three samples taken by you from above or below Hikutaia Stream/—Below. 37. Does the Maratoto Stream run into the Hikutaia ?—Y'es, it is a branch of the Hikutaia. 38. Have mining operations been carried on for a great number of years on Maratoto and Hikutaia Streams?— Yes; pretty extensive at Maratoto, but not at Hikutaia. 39. Have not quartz or tailings from Maratoto come down the Hikutaia Stream into the Thames River?—l cannot say, because it is out of my district. 40. Is not the Hikutaia Stream the boundary of your district ?—Yes. 41. Is it not a fact .hat large quantities of white sand similar to tailings come down the Hikutaia Stream every year?— About thirty years ago a great fresh took away a great deal of land and a lot of whitish-brown sand. 42. You took one sample from this bank opposite Turua?—There were three samples in one taken at different places about a chain apart. 43. Can you tell the Commission of what that bank opposite Turua is composed ?—I should call it a sandbank.

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44. River-sand? —Yes. 45. 1 think it is red in colour? —Light chocolate in colour. 46. Is there a good deal of drainage from the Hikutaia district to the eastward of this bank I —Yes. 47. Would that play any part in the raising of this bank/ No; the bank was there before the drains were made. 48. But not to the same extent / No. 49. Can you say that ihe drainage from Maratoto has not played a part in filling up this bank? —Everything tends in that direction. 50. Would not the tailings from the Thames foreshore in a north-westerly gale help to increase the height of that bank? —I do not think so. It would not blow failings up. 51. Well, sand and silt? —No. 52. We have expert evidence that Thames sand and silt have been found in the vicinity of this bank: what do you say (o this statement?—The statement cannot lie. Not Thames tailings: they cannot travel uphill. Ihere may lie tailings, but not Thames tailings. 53. Did you take these samples yourself? —Yes. Mr. Baker had nothing to do with it. 54. Mr. Tunks.] You said you have read a copy of Mr. Metcalf's report that was published? —Yes. 55. You see he says there that the presence of willows had a great deal to do with catching the silt: do you agree with him in that? —Yes. 56. Mr. Moresby.] Have you seen that portion of the Ohinemuri River just below the bridge behind the present Criterion Hotel lately?— About a year ago. 57. Was it high and dry then, as it i.s now / -Yes : there was no flood on. Anous MoKinnon examined. (No. 47.) 1. Mr. MeVeagh,] You have been fishing in and about the Thames for the last six years?— Yes. 2. Have you an oil-launch (—1 have been fishing in an oil-launch, and in a sailing-boat before that. 3. Do you fish in the Thames River? —Yes. 4. I think you have a season for fishing?— Yes, in the summer months continuously. 5. Not during the wintei ?—No. 6. Why? —There is too much fresh water in the river, and the fish do not go there. 7. How far up do you fish that river/ —As far as Mr. Whitehouse's—that is, above Turua. 8. Have you noticed any decrease in the number of fish to be got in that river?— Not since I have been fishing. In fad, last season was better than the two or three seasons previously. 9. Has there been any falling-off in your earnings?—l was not fishing last summer. 1 have a brother-in-law fishing, "and he told me he had done better last season than for two or three seasons. 10. Is the quality of the lish good, too? —Yes. 11. We have been told that dead lish have been seen floating down the river sometimes: 1 think you can explain how that arises/— It is very simple. In the first of the season we never get them at all. Later on, when we get them, the lish do not look as though they had been starved or killed, because they are all healthy-looking fish when we get them. 12. I think you know how it happens that you see so many?—l suppose I have killed a good lew in the nets one time and another. Fishermen who lish all day and night towards the end of the week may oversleep and miss the turn of the tide, and then all the fish that are in the nets are gone and they are dead. 13. 1 think you know some people who fish like that/—Yes, I know two or three people at Turua who leave their nets down from one week to another and never go near them except once or 1 w ice a week. . . , 14. Why do they leave them so long /--Because they cannot sell all the fish they catch. Another reason is that they have only got a little dinghy, and they cannot always get to the nets. 15 Can you tell us anything about the character of the bottom of the channel?—l have not noticed any difference since'l have been fishing. There was always a hard crust underneath, and about from 6 ft. to 8 ft. of soft mud on top. 16. Have you any notion of what the fishermen average per week here?—l cannot give you any idea. 1 only know what 1 made myself. 17. What cfid you make yourself ?—While 1 was at it it was a very poor week m the summer months when 1 did "not make £5, and even very much more. 18 I think you made a big catch in the last summer you were fishing in the ihames Kiver/--Yes, 1 made two'or three. We have had £8 and £9 on several occasions. I believe the last week 1 had£9. 19. Was that £9 for one or two men /—One, myselt. 20. Mr. Bruce.] You have no fishing-boat of your own ?—No. 21. And never had?— No. 22 You have been about six years at the fishing?— Yes. _ .... 23. Constantly? No. 1 generally lish in the summer-time and go into the bush m the winter. I have fished one or two years all through. '4 You h-iv never noticed any appreciable difference in the bottom ot the foreshore during the last six years you have been fishing?— Not the slightest difference. I pay rent for a boat, but I have mv own nets. ~.„«, * 25 How many hands besides yourself in that boat?— Only two of us. 20' You distinctly say you see no appreciable difference in the bottom ot the harbour /—Not the slightest.

A. MCKINNON.]

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!££.'""- ■*■ - ' ■ '"-■ •< - i»i.--;::..:: i.:,,,:-%tvrr;',,;;rx SrtSr/= »s^ - ££s. .£= ~r- in -- - ~„. .1/. .l/.„.../„.| Ho. ,„„g i. „ „„,, „.,, „„,„, „ whitoho-rt |,1.,.v I T1,,. _ ,«,„, Ii;:: ES&tua? - ■ '■' ~ie ri ™- - 32. Do you hsh outside at all ?—Yes, down the cast generally <■ S-bSs: rJr rz;Xi:^::,-::: ;:;;::: s*- ri ™- * «■• ■» -*- 34. You use poles, and not mud-anchors ?—No We mirin use ~„e ~,- ,„• w v outride. We do not use poles outside. ' g "" ° n€ ° r tW °' W « us« anchors 35 Do you think there is any difference in the velocity of the tide as i, noes out and comes n-I is according to the wind. In a northerly wind it runs much stronger tlum the ebb Tha is in the summer-time when there is no fresh at all. I know that becausf we have often to take We veSy *■ **' " TOU "h *• ,iW? - T -• 87. The Chairman.] I suppose these dead fish are not stinking?— Sometime, they are bee.;,:- £ r^toSri^, 0 - 6 d »" & -~ " 1- S ffil* Statement by Frederick Haywahu. (No. 48.) Mr. Clendon asked for and received permission to hand in the following statement by Frederick Hayward, who could not attend the Commission that day: lam a fisherman la■ L , th-ine for six or seven years Have fish-d a good deal in the Thau,,, River, as far up as Wh elm ,c' wf hsh „ the river for tour or five months, starting in December. The quantity of lish in ,1 die'l, Is is about the same as when I started fishing. Fish has no, decreased in Thames Xiv, ,- 1 „ , consider thai silting has ~, any way affected fishing industry on the Thames The fish we - 1 the river are just as healthy a. those caughl in the gulf, and just as saleable There iTiuTt as much hshmg done in the river as when I started. I hay,- ,„, noticed any difference i the channel oTthe X Sfa ag ? rCgate bUt th *y « '- -dclv ,Hsti mil.,i. i earn about £3 a week hshmg. My earnings sis or seven years ago were about the ;:;::: r :;:; tl •a*- «*. ■ ** « < -«»pS™. yea,,, t^ kj 0 d :,- . '"regard to the bed of the river ,n late years. I, is jus, as soft as formerly The,,, are about mgh tour fishing-launch,, registered ,„, the Thames, but of,ha, number have'" Uv SS S e one°?Li° rty Tnl UnCheS "*" ™ UOTer ' * tha « **< »Sta Ktuatlx hshing at oik- tune. Ihe average number of men per boat is two There are about -, »'U...Led men hshing. I have caught dead fish in my nets. This is due to the nets tb, . wo led mice on the ebb and once on the flow of the tide. If the nets are not lifted before tle tile urns the hsh are droned. Some of the fishermen leave their nets set all the week in one pi a c I y of en -no dead fish „, the gulf, due to the cause mentioned. S eof the settler ,!, e,v- , to work their nets, and this is the cause of many fish being drowned. °

Pakhoa, Monday, 30th Mat, 1910. Mr Mueller: There was a report by Mr. I'erhain which has been mentioned previously I fare had a few copies of it made, and, as promised, I now formally hand one in. [L i i X' 34 In connection also with the evidence given by Mr. Niccol. the secretary of the Silting V soc ation Meof t1 e nd m A a nrU by I 100 «'«"* *«■ *»** ™« < Jof the SZmZi f lhw-s- -\ i J; ' m l whlch the m atter is mentioned. The statement reads as follows Mr. Forrest referred to the statement made by Mr. Barry that it would cos, Zn - ton to teke the tailing out of the river, and said that he would be prcpar ed to move Vhe tailing to he Waih, Plains for Is. per ton, provided no difficulties were raised by the W'ail,i cYmpanf he highest price ever given for moving stuff that did no, require blasting was Is 6d 3tor that Price It was taken tw - three miles, while the price was as low as !),| " Mr MeVeagh: Mr Chairman and gentlemen,-As you are aware, I an, counsel for the Waihi Borough Council, one of the bodies upon which a distinct attack appears to be made by the Term of the Commission which has been addressed to you by the Governor. One „f the mstructTon contained in the Commission ~ to investigate and report whether a proportion of tl c cost o carving out remedial measures should not be a charge against the revenue derived by the local bodies in the vicinity of he rivers from the mines using the watercourse, as sludge-channela Now he c are only two local bodies concerned, the Ohinemuri County Council and the Waihi Borough Council It is therefore quite clear that a suggestion has come from some source for a diversion ol a portion of the revenue which is received by one or both of these local authorities. Therefore the Wa.h. Borough Council finds itself in the position of appearing before you by its counseTwhh a view to explaining why this revenue should not be interfered with. Before I proceed to deal

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particularly with what I may term the facts of the case—before I proceed to expound the reasons that the Waihi Borough Council puts forward as showing why its revenue should not be diverted —I wish to invite your attention briefly to the law bearing upon the question. It find it necessary to do so, and lam not going to put it before you in any legal or academic manner. 1 shall endeavour to make myself as clear as possible to laymen in legal education, but most of whom, I am aware, have had during the course of their lives a great deal to do with the concerns ot local bodies, and a great deal to do with the administration of Acts regulating these local bodies. We have had during the whole of last week a large body of men, who have come here and who have told you that their properties have been seriously injured by the discharge of tailings and mining debris into the Ohinemuri. We will not question that, in a large number of cases, there has been injury, and serious injury, done by the discharge of tailings. It is obvious to any man who visits the ground affected and who uses his ordinary senses of observation. But what we do wish to invite your attention to is to consider what is the legal position of these persons, what legal rights they have, what their claims are, and what legal rights, what vested interests the people or bodies have against whom these claims are evidently made. As far back as 1875, in consequence of a decision of the Court of Appeal of this country, the Governor in Counci was empowered by Act of Parliament to declare rivers to be sludge-channels into which it would be lawful for owners of mining properties to discharge tailings and mining dtbri*. That has been the law of this country for a period of thirty-five years. But in order that justice might be done to any one who was injured by the discharge of these tailings, there was provision made that compensation might be claimed within a limited time by any person who is injured by the exercise of the.rights Conferred by the Proclamation made pursuant to Act of Parliament. There was also a further provision and that is a very important one-namely, that as regards all ands alienated from the Crown subsequently to the 21st.0ctober, 1875, the holders of these lands held them subject to the riXtof owners of a mining property to discharge tailings into the river They had no claim tor compensation That lias been the general policy of the legislation of New Zealand for a period ofXty five year ; and, therefore, I would put it to you that one of the first considerations which you have to W in mind in framing your report will be, what was the general policy of the law in J 1875 It wU to I submit, an important factor for you to consider whether or not any of the" psopie who claim they have suffered injury acquired their properties from the ihTlUt' October 1875 It is important for you to consider that, because if you are prepaied to ilillilgiiilii minds that the Administration have advised the &Dye .m» who complain have that was done, and from the organimation which £e> have «t up J y to /consideration of the prese* ,H*.i,n,, « the ■ 1- Ml , Ha nna's clients, position of the mining Bj nm... ' J£» & JJ Oftge of the mining companies. who have ust taken up a property. }^Jh™Jjj",X Proc lamation to discharge these tailings What is their position? They are entitled b^ tue of the Fc na ro th into the river. In consequence_of '^J"™"" on their work ; and that condition ol have adapted their machinery to that method ~t ..i >n „ i, therefore in things has been maintained for a period of at least bbi n Tll( , v ~„.,. in possession the pontion of persons win, have bemgant f tlu . v had ,„,„ , Crown grani of rights and privileges as full and effective and as poten ( position: they under seal authorizing them to discharge tailingn into tl. n< ; . .. ln( . ;i] hold that vested right. And what is the posihon 1«-1 ,v k bodies is equally as strong. For a period of thiit " ' , (1 T ,, 0 tax upon go ld is authorities have had a vested right to the tax whuj .» levied upon , 1858 down

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Ililliiiili mmmmmmm EL'S ffS':::.::-:, ,::;;":rr::'T ;: munity m a goldfields township in a short space of time? There was ™ " n/ g 1 o its incorporation as a borough it formed part of the Ohinemun County Council and ~ SSJ?!rf J inemuri County Council was largely indebted. I, is provided by aw that fhen a H™ Th / T m \ y i8 + fOrmed I , nt ° a b ° roU « h there hM t0 a « adjustment o asslts and 11, 2': ''«!,'""''mn 1 ""' T"' lie re ™ r-' r° ™ fon ■ ""■' """ m, >-- '■'*■ •»■■"' <p«u»«»' ;:.,';::;;■::: 'z:«":;'-'l:rt r '»< "^:,",:;;Z\c:t:: Detween l< I uke Wharf and the Paeroa Railway-station. It is also paying one-third of th cosi of maintaining the road between Waihi proper and Waikino. These wLemaSs that it had to face at the very outset. But in addition to thai the outpul of gold from one ,!.,,,,„ bgmnto increase, and the population grew very quickly in the borough so Z ,' , .' S m. 1906, and the population, I think, at that time was 5,584. 1 think lam understating ne position w<,, I ~,,nno,, that there are s,x I sand people in that place a, the present" me Mr VrvZll- S : S ~? "m ! ;;l>,"f; l >," f th Y trough of WaihiJ Does i- include J/r. MeVeagh. No, ii does not. Dhe boundary is adjaceni to the railway-station at Waihi he Borou P h Council came into existence, and i. had to provide for this - speaking from a goldfkldß point of view-large co, unity, and for a rapidly growing community ad to provide all those municipal requirements thai a population of six thousand peope had a right to expect: ii had to provide waterworks, it had to provide I- f, a . d . t0 1 , ',"-'" U '}- foadmakingj and at the preseni time the condition of a, ai,s Waihi ,s B . uch thftt l( . ls imperatively aeowarj thai a sum of £14,000 be raiso, some how or other to provide an extension of the preseni waterworks 5v5,,,,, That oSS be borrowed on loan. X,, one will lend it. 1,1 , think thai any of my [earned friend nlini" L X r """ '" •^γ ,, ' 1 , ","' VIS " an - V *"">" <" »P S debenturio? a mining township -a township thai at the preseni time is practically dependent on the output from *"> mines - ' mßh '" **? « wrd aboul the present waterworks svrtem. There is a Uability at S

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~,,-sent time of 621,000 due by the borough to the General Government. That represents a loan Uici, they were fortunate enough to raise. Gentlemen, you laugh but I may mention there were ~ special features about the mailer, and there is certain special legislation which has enabled he Waihi Borough Council to raise thai money. But thai makes „ all Ihe more certain that they 'fn nO l be able to raise any more. The £14,000 has to come from other sources, and the only available sour,-,- at th< present time is revenue. 4 hey cannot raise ,t fr inj other quarter I have men , I the additi waterworks: I shall meutlOl W one other very important ,-.,,,,,- ~, c I confess, which surprised me when I began to investigate the case on beha.ll of the Sough of Waihi. There ,s a population of six thousand, and al the present time absolutely no provisten ,s mad,- for the drainage „f .he borough And the question of drainage Wlil be an extremely difficult one there on account of the difficulties that arise regarding -he outfall I, ~. lai „K ~„„,„, dispose of their sewage by putting i, into the river. An estimate has been pre ~,., i n - the Engineei of 'he Warn, Borough Council which shows that 111 order to complete a ; ,-, ,of drainage for the borough a sum approximating £39,000 or thereabouts will be required. Tb- is , 1 abiliiV they have „, face an imperative liability that canno! be delayed much longer, and one tha can provided for by setting apart , portion of the revenue for the purpose o defraying the cos. of establishing a drainage system. I stated a I,.tie while ago tha, a sun, of S"M)0 had been raised from the General Government for the construction ol the existing waterworks c l-ne- I omitted to mention what was the security provided for the repayment ol -ha, Th, .security consisted of a special rate and ,he hypothecation to the General Governmen ;,. gold ,iu,v : 'so that duty is pledged at present for the purpose of securing the repayment o at loan of 621,000. T cis another consideration which presses son,: what heavily on the Wan , „ n! tha is this: they have established a hospital there. 11l View ol the nature of the ui,i i as reaUy uecessarv .hat there should Ix- a hospital within the district and i so -. ha, ,1,:- hospital district is coterminous with the borough, so that practically one-hall 1 .Linton..,,-, and upkeep of that Hospital has I a a charge on revenue 1 say -one-hall'" because .he (lovernmen. contributes pound for pound lhat is what „ f vernment doe all over the Dominion. The,-,- is no special conce s, n that case. Now, the that is due to the circumstance that the drainage of the borough IS totallj inad< ,pi, U , and tnat unto the time no proper sanitary methods have be:,, adopted About six weeks ago i wa ,I ,■ s- a, send a deputation to one of the Ministers of the Crown who happened to be n. HShe^^^ i!:r:v:'..i;r a;":,',;;:,':.BS£S*«E SE£ f,, ~; i itj; *. - r - -; has been aboul tli,7W. ,in is anotne matters ef thai description. I merely and ! ,lllt - iS *? 'ThTittasnotTel igno d C Tdon,;m!";,' publicans- licenses, but dog and mention it to show that it has not been ignore maintenance and " ,, r i, " l ' a ;' .SrSiS reaV. andstreeS ': "erli ' this absorbs the .hoi ! the revenue which upk eep oi the ex sting r- ads , dstr. . t o{ fac the whole o{ the venue has uaB been received ln \ I £ v \ o the bank is a ,„,„t £14,000, and the bank has been '"" HV "; ',;.'.,,. en ', d 1 ere san understanding a, the present time that il is reduced pressing for its repayment, ana tiki, , existing in Waihi, and it is under these J,, the rate 0 f 6500 per month. rhe % a f J*Xr.'.:,,. r Sft theae difficulties in the way of circumstances, with these condition. of « f^£?£*££ on . , may ment ion that for the raiBing ,no,cy, that .he Wa, hi ■ - ' « • , to purpo se ot providing lighting to I th ' f tin , ( . to ti „ l( , they ~,,- enabled to struct them out ol revenue By Setting apart i .^ ide 8 system of lighting 10, the M.ough at a cost of il w iuVnture to say, These are the .pecial conditions afiecting B^f \°™ h \ ] ~„, h J s0 rapid l y grown, that that ~as conditions so ex£emely oeculiai to itself, rf probably there is no parallel for ll n New ii. Dre ssiug and very important one. For <»* efi^ai -•"' ,, ;.';ur;;: , v:'i-d eve;:- imS.. f , gold d^ these reason, we saj that the.vestea ll r ' A , f p ar ii am eni which expresses the a right assured to every burgess a *P™^L.™ not to be interfered with. I. public policy of the country for the last thirty_nve year g mmm coin ought not to be any more interfered with ~: n . right Wh J . ( |ja „ u . to discharge their tailings into the slmlg - h.mne 7 js _ ,„. fashion to try and extract wealth from what is toVndeavour to do it. But what fortunately, an insatiable desire in the minds o , peoph teem a , do renture to say is that considerations of that k - rf n , v(ini| „ considerations which ought to be attended to , t , umsta int( .,,,,,. (1 witll a t the pre provided by the legislation of .he Dominio,,. a d 1 , uh Parliament to enable i. h. , r;::i.itv ,'^r:.:::"-;-.-''--- : -«' M- ■ ' hok •""-■ of the

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law relating to the financing of bodies in gold-mining districts in the North Island of New Zealand I propose now to leave these considerations, and refer to an,,.he, class of evidence which I intend to submit to the ( ommission. ,\ good deal of evidence was placed before the Commission regarding Hoods Much was said about the nature of the Hood of the present year, and a good deal was also said about the flood in 1907. By this time I think it is very evident that the flood of 1907 was one o| a special character. It was one that was very general all over the Province of Auckland It brought destruction not merely in the Ohinemuri district, but also in other parts of the province extending from the North Cape down to Lake Taupo. [< is in the minds of every one here that bridges were washed away in very large numbers, and a great deal of damage done to railway and roads. 11„- Waikato hue for a distance extending between Huntlv and Pokeno was under water for nearly a month, and railway communication was interrupted.' That circumstance shows that the flood was one not special to the Ohinemuri, and not referable to any of the peculiar conditions affecting this river. With regard to the flood of 1910- of a few weeks ago—we had certainly a most extraordinary state of affairs We had a state of affairs that is certainly without parallel in the records of New Zealand—a state of affairs that is only paralleled in the records of rainfall in two instances. There fell at Waihi during a period of fourteen consecutive hours 14 in of rain That accounted I'm the Hood of the year 1910. I would invite your attention to the peculiar topographical features of Waihi. You have been there, and you have seen that it is a huge basin surrounded on all sides by hills. It is, as it were, a very large bottle with an extremely narrow neck through the Karangahake Gorge. I cannot recall what the acreage of the plains is, but I intend to call (he evidence of witnesses who will show the quantity of waver that fell upon these plains, represented by ihe 14 in. of rain, and then you will be in a position to imagine for yourself how tremendous a volume of water poured down that rift between the mountains and scattered itself over the surrounding plains. There was nothing extraordinary in its doing so: it is what one would have expected in the circumstances. Now, in regard to a remedy, it is not in the province of the Waihi Borough Council lo suggest a remedy. The Waihi llorough Council does not cause Ihe evils, and ye, the suggestion made is that it should pay for them. It does not cause the evils and remedies will be suggested, I take it, from other quarters. What .iocs appear to be a very obvious partial cause of the trouble consists, no doubt, in the accumulation of willows. ] have been fortunate enough to have had placed before me a statement by gentlemen who have had some experience as to the effect of willows upon the flood-waters of streams, as to the quantity of la nd thai was placed under water by these willows, as to the steps that were taken to remedy the nuisance, and as to the very satisfactory results obtained in consequence of it. That evidence relates to a district in the Waikato—a portion of the Waipa County. There are two streams there—the Mangapiko and the Mangahoe. In one of these —I cannot recall which it was at the present lime there was a very large growth of willows on both banks of the stream, with the consequence that when the waters rose their course was impeded, and they overflowed their banks, and that left under water a very hug,- area of Ihe surrounding country. 'This became such a serious trouble that steps were taken to get rid of the nuisance. The willows were ringed and some injection was put into the trees, with the result thai all the trees died. Men were employed lo take up the rotten branches as they fell from time to time. The consequence of that is that'the Hood-waters ceased to overflow '.he surrounding country, and all that area—l think it amounts to 1,500 or 2.00(1 acres—i.s now land under cultivation, and forms some of the finest dairying country in the Waikato. There was a somewhat similar experience in the ease of the Mangapiko. It was found that the willows retarded the How of water; and the removal of the willows has had the result of removing to a very large extent the mischiefs that arose through the water overflowing the batiks of the stream. 1 pass on from that, and I wish to refer to the question of the alleged deposit of silt in that portion of the Waihou below the Junction. 1 propose to call witnesses who will prove lhat they took samples from the river at various points below the Junction, arid for the purpose of comparison they also took samples in the upper "Waihou as far back as above Te Aroha. Ihese samples have been examined, and the evidence that will be placed before you will be that .here have lieen samples so line taken above Te Aroha, where no tailings are discharged, where no tailings ever have been discharged—thai they are as hue as the samples thai were taken from the lower Waihou. .1//-. Mitchelson: Tailings have been discharged into the upper Waihou above Te Aroha. Mr. MeVeagh: Yes, at Waiorongomai; but these samples were taken above there, at the Cordon Settlement, at a place where, I am informed, no tailings ever were discharged, and they * are as tine as the samples that were taken in the lower Waihou. The method by which these tailings wen- taken will be described by the engineer, wdio made a special appliance forth,- purpose. It does not consist of a jam-tin on the end of a pole ; he had a tul>e, of which he has prepared a diagram. which will illustrate the special method that he adopted for the purpose of securing fair samples of the tailings: ami a gentleman who is connected with the Mines Department al Waihi —the Director of the School of Mines—will advise what the result of his examination was. lhat is an outline of the case I intend to put before you on behalf of the Waihi Borough Council. I would therefore ask —as I know it will—that it receive very grave consideration. I would ask that this Commission should not overlook the special demands and the special requirements of a large community of rapid growth in a goldfields township. 1 would ask the Commission to bear in mind the special conditions that apply to that that do not apply to the case of other townships of a permanent character, where you have all the elements of stability, where the community does not rest for its ver\ existence upon merely one industry, as Waihi does, but where thej have other things upon which they may rest. These are considerations which are proper to be borne in mind, and these are considerations which ought to influence the Commission in coming to its conclusions upon the evidence which I propose to place before it.

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Henry Douglas Morpeth examined. (No. 49.) 1 M, MeVeagh.] You are Town Clerk of the Borough of Waihi ?—Yes. 2 The Chairman.] You gave evidence before the Mines Committee.—Yes, on pages 31 to 41. ;; Mr MeVeagh.] The Borough of Waihi was incorporated, when .' Ist March, IJLU. l' And you have been Town Clerk and Borough Treasurer during the whole period?— Yes. :,'. What is the population al the present time?-] estimate it a, about six thousand (j Duri ng wha period has the place grown to that population/-! shou d say it did no .„„„„„. lo very much' until about twelve years ago. The growth is principally with,,, the last "] ' Iblw'long have you known the town .-I have known it intimately for eight years. I was is the character of the buildings in Waihi I X«. ..rally, in aocoriauTwS the requirements of the population, which is almost entirely a working-man population, and the character of the buildings is very small <i U-e they constructed with a view to permanence .—No; rather the other way. |,l ,',,„,; \,„ir 1 wledge Of the population of the borough, what percentage would you saj helones to the working-class of the community?—l should say, So per cent. Tl Tin chairnaui.] What do you mean by " working-class " I The men engaged in manual labour in the mines M iiiing is the only industry there. iV Do v^consider a clerk ■ working-man?-! refer to manual labourers ~, the mines. 3 1 ■• McV , I W'l a is he class of their dwellings/- Very small, and of not much value. „ Bt ands to reason thlt men receiving such wag,, as they do Bs. to 10s. at the very outside - n , afford a very big house, and they cannot borrow money On .heir property. ,4 W'L,, is the natu, f the titles all over the borough?-AH the titles are under the Mining Act —residence licenses. ~,. . ~ l 8 That is a title that endures from year to year on the payment Ol os. /-Tin ,s so but a a ,„ attcl . of fact most Of the residence-sites are secured by the payment of a rent ot 10s. „ year. It is a lease for forty-two years with a right of renewal. ~ | think a large portion of the population of ffiaih. live in boardinghouses?-There is a considerable elemi ,„ young unmarried men-who live in boardinghouses. 17. Is then v industry in the place save gold-mining ,-Practically none. l 8 | think .here is u„ such thing as a farming industry round about Wad,,/ No, in the I , :; ; ' , ;\;!:;r!;';;;''r'i'si.ppose. ~,a, *. P ia Cc i.... , a,, oi *—«. «* .*. there is any difficult; in obtaining money on the secuntv ol such titles?-Yes, I can sa 3 <-T, ::;::'!:::::: m .:::".;:' Tr: , —.. , * - - „. i, d . ; 1,.,,.,,. 626,226 ~. ~.,.: i '"j.,,^.;:.";„,;;.;,;,;,,..', ~-„v cr, i„f , «i„>,, .„ im,m. accounts for the same years [Exhibit No. 36]:— Borough Council. 1910. „ j Expenditure. £ - s - <•■ 20 473 5 4 Road, and footpaths .. -• M« 18 10 Gold duty .. ... •• •' i'7so 12.i Ohinemuri County .. •■ •• M£»! Per Court .. ■• •• '• l Administration and other charges .. 1,704 b 5 Bates •■ •• £1 I.? Hospital and charitable aid .. .. 1.676 0 0 Other sources •• ■"» 4 4 7 Waterworks .. .. •• SflS ili ' Street-lighting and other public utilities .. 786 111 Expenditure in public institutions .. ?. Recreation-ground and reserves.. •• «"'» Waihi Technical School • • • • *" " " Inquiry Main Road .. • • " 1072 0 0 Bank interest • • • • • ■ ' .. .„ g Miscellaneous.. • • • • • • — i £16,672 18 5 £23,688 2 5 1 - H. D. MoKPBTH, Town Clerk.

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Waihi Borough Council, —continued. 1909. Receipts. £ s. d. Expenditure. I s. d. Gold duty .. .. .. .. 23,147 18 10 ; Roads and footpaths .. .. .. 12,534 19 0 Per Court .. .. .. .. 1,560 7 9 i Ohinemuri County .. .. .. 1,572 611 Rates .. .. £1,015 0 0 Tauranga County .. .. .. 58 0 0 Other sources .. 503 1 4 J Administration and general charges .. 2,028 10 4 1,518 4 4 Hank interest . . . . . . 1,119 18 7 Hospital and charitable aid .. 1,675 0 0 Waterworks .. .. .. .. 1,039 18 2 Swimming-bath .. .. ,120 15 8 Walmsley quarry and tramway.. .. 776 3 4 Property purchased .. .. .. 240 0 0 Recreation-ground and reserves. . .. 585 2 9 Street-lighting and other public utilities .. 823 19 11 Miscellaneous.. .. .. .. 574 4 0 Stone-crusher .. .. .. 838 6 4 £26,226 7 11 £24,826 15 3 1908.| Receipts.] £ s. d. Expenditure. £ s. d. Gold duty .. .. .. .. 19,026 16 11 Roads and footpaths .. .. .. 12,5)2 12 7 Goldfields revenue, per Court .. .. 1,609 4 4 Ohinemuri County .. .. .. 1,856 6 5 Hates .. .. £996 0 0 Administration and charges .. .. 2,067 13 7 Other sources .. 456 0 0 bank interest .. .. .. 938 17 2 —• 1,452 12 4 Hospital and charitable aid .. .. 1,600 0 0 Refund .. .. .. .. 463 7 4 Recreation-ground .. .. .. 367 7 3 Expenditure on public institutions . . 697 14 4 Compensation, Printing Company .. 527 10 0 Street-lighting and other public utilities .. 1,068 510 Tauranga County Council .. .. 26 (i 0 Miscellaneous.. .. .. .. 244 15 7 21,907 8 II Less Printing Company .. .. 527 10 0 £22,552 0 11 £21,377 18 9 23. How was it that the contribution to the Ohinemuri County Council dropped 50 per cent. .' —That is under the new award. After the hist award was extended for a number of years and the railway went through, we had the award varied, and the contribution became very much less. It followed with the extension of the railway to Waihi, which was provided by the Waihi Company's money, that a large portion of the traffic which proceeded along the Main Road was diverted ami taken by rail, and therefore in justice it was only right that our contribution should be reviewed. It was reviewed, and that accounts for the drop. 24. Mr. MeVeagh.] Your borough is provided with municipal gasworks?— Yes. 25. That was done out of revenue, I think? —Yes. 26. I think your gasworks cost £15,000? —Yes; that is what they stand at now. 27. And your gasworks are self-supporting? —Just about. 1 think there are a few hundred pounds to the credit of the Profit and Loss Account over the entire period. 28. Is that after allowing for depreciation?— Yes; a small amount of depreciation is charged, and interest. 29. The Chairman.] If they were paid for mil of revenue, where does the interest come in.' It is only fair to charge the capital invested in trading concerns with interest. We have to pay the bank interest. The works were really constructed out of overdraft, and interest is therefore chargeable to the concern. 30. Mr. MeVeagh.] Your borough has waterworks?— Yes. 31. These cost, how much?— Twenty-one thousand pounds. That is the amount we borrowed, but they have cost a little more since. 32. I think the money was borrowed at 4£ per cent., which includes interest and sinking fund? —Yes, for a term of twenty-six years. 33. The Chairman.] Does this stand in your books as a full sum of £21,000 ~, the end of twenty-six years? —Yes; that is the amount inscribed in the books of the Treasury. 34. Although a portion of it is repaid?— Yes. 35. So that really it is not fair to state that it stands at the present time at £21,000? —Of course, we do not know what is interest and what sinking fund. I. has only been current about four or five years, and the amount of sinking fund accrued in that time will not be very large. 36. Mr. MeVeagh.] How is the payment of that water loan secured? —There is a rate pledged, and the gold duty is hypothecated. 37. What is the rate? —One penny and a tenth on the capital value. When the loan was raised we worked on the capital value; now we rate on the annual value. 38. Mr. Cotter.] Is that included in the return of revenue?— No, because it is not struck. 39. Mr. Mitchelson.] Why do you not collect it I—lt was never intended to be collected. It was only struck to comply with the provisions of the Loans to Local Bodies Act. 10. Mr. MeVeagh.] You have no drainage system in your borough?— No. 41. Is that an imperative need?—lt is a crying need.

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42. The Chairman.] Before leaving the question of the water-supply, you make a charge for the water .'- Decidedly. It is practically I per cent, on the annual value of the property lhat is supplied. ' 43. Does that leave a profit? —Yes, a small profit. It pays interest, and there is a small profit accumulating. 44. Do you supply water to the mines.' As an ordinary supplier- not lor power. 1.",. for boiler purposes? No. 111. So that practically the whole of the water rates are on residential property.' -That is so. IT. Mr. MeVeagh.] In this connection I think you have made a calculation showing the average annual value of each holding in the Borough of Waihi.'—Yes. It is 7s. 3d. weekly eighteen guineas a year. IS. You said that a drainage system was an urgent matter. I think you have had some outbreaks of disease lately/—Yes, scarlet fever, typhoid, and one or two cases of diphtheria. 49. There is a hospital in the borough .'-Yes. 50. And I think the boundaries of the hospital district correspond with ihe boundaries of the borough? —That is so. 51. Therefore you are the only contributor to ihe maintenance and upkeep of the Hospital? Yes. 52. The Chairman.] 1 suppose you have a distinct Hospital Board?— Yes. 53. Mr. MeVeagh.] Is the contribution shown on the accounts/--Yes. 54. What are the present needs of the Hospital? —1 gather the, are about local! on the borough lor £1,750. They have not made a formal demand yet. but I saw the. in the Press. 55. What did they get last year .' t 1,575. 56. Is the Hospital sufficient in point of ace tnodatior, a. present? No. They are about to undertake buildings operations io add to the Hospital--57. Have yon any voice in that at all.' Not as a Borough Council. 58. The Hospital Trust has a right to do that without any reference to you whatever?—The\ make a demand, ami we have to pay it. There is a provision by which we can call in the Colonial Secretary in case of a dispute. 59. What is the estimated cost of this I'uriher accommodation .' Sixteen hundred pounds. 60. Tin Chairman.] Is that going to come all in one year .' -Yes. 61. Is that the total cost. ~, your proportion of tin- cost ? The total cost. I may say 1 have no official knowledge of this. The secretary to the Hospital Trustees is Mr. Bishop, who resides in Waihi. There are members of the Hospital Board who will bo witnesses, and they will possess more definite information than T have. 62. I think you are bound by law to establish municipal abattoirs? — Yes. 63. You have done so, and they have cost you, how much I Two thousand pounds, (il. You did not borrow for thai? .No: it was done out of revenue. 05. Or over,i I aft .' Yes, but we Call it revenue. 0(i. Is there not a limit to the amount of overdraft you can gel by law equal t c year - rates/ —One year's revenue. 67. Mr. MeVeagh.] I want to know what is your experience with regard to local bodies in goldfields townships raising in,,ne\ by issuing debentures? I never knew of it being done. I do not see how anybody could lend money. 68. Y,,u got your £21,000 loan?— Yes. I will explain that. There was special legislation contained in the Goldfields Public Bodies' Loans Act. 1898. It was put then. I'm- the purpose ot giving Waihi a waterworks. (ill. And under that Acl you got your loan .'- Yes. 70. When you were being pressed by your bankers to reduce your overdraft. I think a dole gation from the' Borough Council proceeded lo Auckland lo ascertain whether money could be raised for that purpose? That is correct : but I may say thai before ihe delegation proceeded applicalioii v ,,-,s made by correspondence to two important financial institutions the A.M. I*. Society and the Auckland Savings-bank ami lhe\ were not entertained. 71. Il is well known thai they lend money to local bodies/ Oh. yes! large sums of money. 72. What was the result? —They would not entertain them at all. The deputation then waited also on a large firm in Auckland, and tried to arranged through them : but after short inquiries it was rejected entirely. 7:1. And then, I think, you had to make some arrangement with the bank for reduction oi the overdraft by instalment I- Yes: we agreed to pay £50.) monthly until the whole of the overdraff is paid off. That was not expressed, but thai is tin- inference. 74. The Chan man.] Is there any limit to the amount of the overdraft, or can you pay off £500 and borrow it the next day? No; the account has to be reduced monthly. 75. There is no doubt about it .' X,,. 7b. Mr. MeVeagh,] You have reduced the account within what period from £24.0011 to £14,000?— In fourteen or fifteen months 77. In addition to all these liabilities, you have ihe ordinary current borough expenditure. which I do not propose to go into?— Yes. 78. I think you and the Councillors have given some consideration to this attack that has been made upon the revenue of the local bodies in this district? —Naturally. 79. You have come to the conclusion that it would be unfair and unjust to attack the revenue of the local bodies?— Yes; that is what we think. 80 Mr Mitchelson.] When was this attack made:' -It has not been made m so many words. It is inferred in the scope of the Commission. This matter has been n subject of controversy in this district for some time. Then there is a statement by Mr. Metcalfe, who says an obvious source

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of revenue is the gold duty. Only two local bodies in this district are receiving gold duty, so it is quite obvious he referred lo one nr both of them no doubt, both of them. 81. Tin "hairman.] The gold duty is lived by law, and I suppose the same law that fixed that amount could increase it, or decrease il, or take ii away altogether? 82. As was done, I believe, in the South Island.' Yes. Mr. MeVeagh: It was done, no doubt, in ihe Smith Island, but it was done at the request of the local bodies there. The movement was bitterly opposed by the representatives of the local bodies m this district. It was owing to the bitter and detei mined light put up by no less a person than ihe late Sir Alfred ('adman on behalf of the local bodies in the gold-mining districts in the North Island that the application of the Act of I S9O was limited, and since 1890 .her, has been no return .-, the attack. A new system of rating was devised for the South Island. The Chairman : Which was satisfactory to the mining districts in the South Island. Mr. MeVeagh: Yes: and the condition of mining in the South Island is altogether different. 4'h, companies engaged in mining in the North Island have to spend bug, sums of money to <>-et . d. 83. Mr. MeVeagh.] You have certain reasons to advocate wh\ the revenue of the local bodies should not be assailed by this Commission. I warn you to state .hem ~, the Commissioners? I would sa\ that .he gold duty was devised to provid, a means of finance to meet the peculiar conditions al.aching to the rapid growth of mining townships, so that the ordinary requirements provided by a municipality or other corporal ion might be promptly afforded to the population, for the reason that the value and stability of a mining township is usually of a very fluctuating nature. 84. Mining townships have their vicissitudes?- Yes. This duty has been current now for upwards of forty years in the .North Island, and has the sanction of that time, and has come to 1,.- looked upon as a certain revenue for the local body concerned. The Waihi Borough was formed with the knowledge and on .1,,- assurance that there would be a large revenu, from gold duty. 85. The Chairman.] What assurance?—The assurance of the existing law and custom. 86. Mr. Mitchelson.] Not a specific assurance from anybody? —No. 1 do not suggest anj body could get such an assurance. 87. You had to put up a fight for it/—The fight was opposition to the application to constitute the borough. It was seen at once by every person and body receiving the revenue what the result of the formation of the borough would Ik-. The residents of Waihi pursued the course laid down by law —they formulated their memorial and presented it to the Governor praying that the borough be constituted. There was some opposition, and ultimately the borough was constituted, by which means the county lost largely. 88. Mr. MeVeagh.] That is the assurance, a 1 all events, you formed the borough on?— Yes; on lhat assurance large commitments were and have been made from time to time. 89. Then, I think you have other reasons: you have your revenue actually hypothecated? Yes: the gold duty has been pledged as security for the waterworks loan during the currency of the loan. 90. The Chairman .-] It is pledged as a security, but that is only one security, the other being the rate which .he Government no doubt thought sufficient to produce the whole of the interest required? If lhat is so. they would hardly have insisted upon the hypothecation of the gold duty. 91. Why did they ask for a rate of ?— I think I have ahead)- said this rate was pledged to comply will, ihe legal machinery of the loan. 92. That machinery being for the safety of the Government?—No doubt, it is an additional safeguard: but I would point mi, that special legislation was passed to enable the gold duty to be pledged for this purpose.. We had no. a ghost of a show of getting the loan on the security of a rate. That ; s well known. Mr. MeVeagh: \ little while ago the market value of one mine actually fell £1.000,000 in a few days, and that affords a very striking illustration of the vicissitudes of a, mining population. !)•'!. Mr. MeVeagh.] You have some further reasons why your revenue should not Ik- interfered with?—] would point to ihe small value of ihe rating-power that is, to the smallness of the rateable value of the property in .he district. We have to consider the population. 94. But if tin- borough cl ses to give hug,- concessions to its population before they are in a position to pay for them.' Why should it not if the community has revenue from other sources.' 1 ask, why should it extracl from its ratepayers more than is necessary for the purpose? I put it as a mailer of logic and justice, and I ask why should the Borough Council do so when it has sufficient revenue accruing from other sources' 95. The Chairman .] That is scarcely the point. That revenue might cease?— Then they would have to increase their rale. .1//-. MeVeagh: In answer lo that. I would point out that if that revenue did cease there would 1,,- a corresponding Sight of the population from that place. There would be less to provide for. The Chairman: Suppose Parliament in its wisdom decided to treat the North Island as it did the South Island, and abolish the gold duty. Then you would have to find another source of revenue. .1//-. MeVeagh : That is a supposition to 1m- fought out on the floor of the House. Mr. Mitchelson: The same thing may happen '~ Waihi as has happened to Thames and other mining districts, where the value of gold obtained from the quartz has fallen off. Mr. MeVeagh: Thames is in the fortunate position of having other industries to rely on. First, it has the agricultural industry at its back. Second, there are large iron-foundries in the place, and the fishing industry of which we heard the other day. The Thames has not lieen dependent on the mining industry for the last twenty years. No doubt, during the last three years there has been a large output of gold from the Waiotahi Mine.

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Mr. Mitchelson : And you see the results all over the streets at the present time. Mr. MeVeagh: 1 say," why not, il ibis system has been devised for assisting the financial requirements of the local bodies/ The Chairman : I take it the point we want to get at is this: this system has been devised for the purpose of meeting the sudden growth and requirements of mining townships. Mr. MeVeagh: And the vicissitudes attendant thereon. The Chairman: At Waihi .here has been a large grow th. no doubt, and I hey have met that, anil expended large sums of money on roads, and channelling, and various luxuries—not necessities if the town is not to be of a permanent character. The point is, how far is it necessary ~, go on.' What are the furl her essentials not complied with I Mr. MeVeagh: 1 will develop thai in my evidence. 1 will show there are very serious requirements to provide against. 96. Mr. MeVeagh.] What other industries have you got besides milling.' No other industries. 97. Nothing else to support the borough? Nothing. I would point out (he fairness of this tax inasmuch as it is levied onlj on mines that are winning gold. All the other struggling companies are exempt from it. 98. The Chairman.] So that a company which sits down and does nothing, and waits for its neighbour to develop, pays nothing?—! said, struggling companies. They have their labourconditions to comply with", and the Warden has jurisdiction over ihe whole of the goldfields. I would point out that a change in mining legislation will be a factor m confirming the view now held by many that .here is no end to change of gold-mining law, and that is a deterrent to Ihe investment of capital. 99. Mr. MeVeagh.] You get no Government grants, I think, excepting the statutory gram every municipal body gets in respect to rates collected by .he 30th June? -We have never had a penny. . , 100. You have prepared a statement showing the permits issued for new buildings from the year 1903 down almost to the present time in the Borough of Waihi, with a statement of the average cost of each building/ -Yes: this is it [Exhibit No. 37.] We give it since 1906 because we have not a record for the first three years.

Waihi Borough Council.—Building-permits issued from 1903 to March, 1910.

101. The Chairman.] Docs that distinguish repairs from new buildings? Yes. 102. Mr. ''otter.] Can you give us, as near as possible, the population of the borough in 1902? The last official figures taken prior to 1902. and the figures we used in connection with the financial adjustment, were 4,813. _ 10-' i. So that in eight years the borough has only increased its population from 4,800 to 6,000? —I want to qualify that statement. The 4,813 referred to Waihi and ils surroundings- - because there was no borough in those days. 104. Were you acting then as secretary to the persons who wen- promoting the incorporation of the borough?—No. , 105. Were you one of the committee, or in any way interested I—] was not in W aihi. You know, I think, that the application for incorporation was opposed by the Ohinemuri County Council?— Yes. . , . . , . 107. Will you just look at this/ It is a copy of the memorial objecting lo the incorporation [Exhibit No. 38]? -Apparent!} these are the reasons for the objection. 108 It is staled there that the original assessment of rates was about £200 or £-'100 : can you tell us from memory what it was when you became Town Clerk ?—The general rate in 1903 was £200 17s. 7d. 109. You have told us you had a population then of 4,Boo?—Yes. 110 That was about Is. per head.' -Yes: men, women, and children. 111. And last year the rat,- came to between 2s. and 2s. (id. per head upon the then population .' —It came to a little over £1,000. . 112 Then so fai as the money produced by the rating of the people in the Borough ol Waihi is concerned, it does not anything like pay the salaries of the officials? Oh. yes! it does: because there are other rates. The general rate does not.

„ Permits for J ( ' ar - New Buildings. 1903 .. .. 34 1904 .. 44 1905 .. .. 66 1900 .. .. 57 1907 .. .. 93 1908 .. .. 102 1909 .. .. 91 1910 3 months. 21 to 31st March Permits for \veraee Total Cost. A ;:' , f' Additions,., Total Cost. " 0 t^ 1 ost - Alterations. I I £ s. d. £ s. d. £ s. d. £ s. d. * * 13 * * * * |7 * * * * 30 * * 7.089 0 0 124 7 1 39 1,387 0 0 35 8 3 II 528 0 0 123 19 0 96 3.908 0 0 41 6 6 10,994 10 0 107 13 9 115 4,569 5 0 39 14 o 14,848 0 0 163 3 3 105 4,441 0 0 42 5 10 3,839 0 0 182 16 2 30 1.380 0 0 40 0 0 * 1003, 1004, 1905 —No record of class—mostly shanties and two-roomed ;he cost was kept. The buildings put up at that time were a very inferior cottages.

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113. What other rates have you ?—The water-consumers' rate. -Yes a small one."' 1 *** *** water -° onsumers ' J '« te **•■ a profit actually to the borough/ lift" ?/ hi r,° thei ' fat f! T l,e, ' c is " Banit » r y "harge which you could not call a rate. 7J? rT'v ] th6re B , Dy Pr °. fil made OUt " f «»t»-Noj it is conducted at a loss. 111. -U/. t otter.] Your general rate is 6d. in the pound: what is the sanitary rate?— You cannot compare it to a rate. It is 4s. 3d. per quarter per house. That is the average. charged "'" l,rC ""' KW ' ■'■ " *"*»« «**«* "* « 119. There is no other charge on the ratepayers?— No. 120. Do you know of any other borough in "New Zealand that has such a low rating charged J... the inhabitants as the Borough of Waihi/-My knowledge of other boroughs is very limited out l clo not know one. ' 121. Do you not know of your own knowledge that the whole idea of the formation of the Borough of Wa.h. was to get for spending there the gold duty produced by the returns from the Waihi Mines?—l tell you I was not in Waihi then. I know nothing about it 122. You went immediately afterwards, and do you not know that was the idea and intention of those engaged in promoting the borough?—l never had any conversation with the promoters there "° wledg * ot the matter at ~IL The bor °ugh was an accomplished fact when I got 123. The Chairman.] Had you any municipal experience before you went there?— None whatever. 124. Mr Cotter.] During the whole period that Waihi has been receiving the gold duty do you know whether they have ever spent a penny-piece outside their own boundaries except under compulsion ?—Yes. r 125. What?— Various grants to the Waikino people in the way of grants to the domain and library; also to the Katikati people. 126. For what?—To assist them in their domain. 127. How much to Katikati?—lt is hard to remember the balance-sheet. 128. Was the amount worth remembering ?—Yes ;we will say £25 per year for Katikati, and about the same amount for Waikino. 129. Is it not a fact that a very large proportion of the reduction-work that brings you in the gold duty is carried on at Waikino?—Yes. ,„ .J 1 . 30 * 8 lt not a fact that the County Council have to provide for all the requirements of the Waikino lownship?—They are the local body concerned. 131. That is, they have no power to rate on the practically big establishment in that Waikino township?— Meaning the battery—that is correct. I may say on that point that overtures have been made from time to time to get Waikino to join the borough; but they do not seem to care about it. 132. The Chairman.] Who made the overtures ?—The Waihi Borough Council on two different occasions. There is a party at Waikino who would gladly come in : but the majority decided otherwise. Ido not know why, but the county object to it also. 133. Mr. Cotter.] Why do you say that? Have you any official knowledge of it?—We asked them to use their influence in the matter, and they said they could not. 134. Do you mean to say you have written a letter?— No. I have not. 135. Did you get a written reply?— Yes. 136. What did the reply say?—l do not remember what it said, but the effect was that they were not agreeable. 137. Will you produce to-morrow the annual balance-sheets of the borough from the time of the incorporation of the borough?—l can produce them now. 138. Do T understand, so far as the gold duty is concerned, or from your own revenue, that you have paid nothing except under compulsion for the maintenance, repairs, or introduction of new roads or tracks, or anything of the kind, in the vicinity of Waihi?—Oh yes ' 139. What?—The Waihi Beach Road. 140. I think the Waihi Beach is a sort of sanatorium used by the inhabitants of Waihi principally?—No; it will be principally used by gold-mines when formed, because it leads primarily to several mines. 141. Do you mean to say you do not know as a fact that thousands of people from Waihi go to that beach every summer?— But not by that road. 142. Is that Waihi Beach Road constructed yet?—lt is in course of construction. 143. When did you start that?—lt has been hanging fire anyway nine months, awaiting negotiations with the county. 144. Then my question is correct up to nine months ago?— Well, T say we do not spend any money because it would be illegal. 145. How do you construct the Waihi Beach Road then? —Because it has become the subject of an award between the three local bodies—the Ohinemuri, and Tauranga, and Waihi Councils. We have power to do this under the Public Works Act, just as we have to contribute to the upkeep of the Main Road between Waihi and Paeroa. My remark that the expenditure would be illegal does not apply to the contributions to the domains at Katikati and Waikino, because we can contribute to certain objects outside the borough. 146. Can you name the objects?— Yes: that provide for the health and recreation of the people outside the borough. 147. Of your people?— Yes. 148. Then, you have done this because it assists or entertains your burgesses?— Yes.

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149. The Chairman.] So far as the Waihi Beach Road is concerned, you are at present spending the money illegally on faith?— Yes. We have the assurance of the Tauranga County Council and the Ohinemuri County Council that they will join in a ropiest to the Department to make an award and give our arrangement legal effect! I may say we have had a lot of conferences to adjust matters. 150. Supposing the Roads Department do not agree to your arrangement?—l do not think there is the least likelihood of that. Undei the Municipal Corporations Ac\. by straining a point, we contend we have a right to do it, because we are contributing to a road largely used by the borough. The only difficulty in this case is that it is more than a contribution—it is formation. 151. Mr. Cotter.] So far as the Waihi Borough Council is concerned, they consider this gold duty is more for the purpose of what might be termed luxuries—instead of necessities, that is?— What do you mean by " luxuries " ? 152.'D0 you not understand what luxuries are?—Do you call roads and footpaths luxuries? 153. You have referred to Waihi as being only a mining township?— Yes. 154. That there is no guarantee of permanence or stability about it/—"Yes. 155. Do you not consider that the roads and footpaths in Waihi have been constructed more of a character with regard to an abiding township and permanent township than one of a more fleeting character?— That is so in the main street. This word " luxury " has been used several times, and I would like a definition of it. 156. The definition, you know quite well, is a very difficult one ; what may be a luxury to one man is an absolute necessity to another. Is that not exactly the position of Waihi—that what the Ohinemuri County Council would say were absolutely luxuries, you, in consequence of being spoon-fed by the gold duty, now say are "absolutely necessities ?—I would point out that the spoonfeeding is all on the part of the county. They have special grants from the Government for £8,000; we have not got a penny. Then they get gold duty and revenue amounting to £9,000 157 Then, if you know all these figures so well, do you not know as an absolute fact that the Ohinemuri County* Council could not possibly exist without these Government grants—that they could not dream of keeping necessary mails in order with their revenue?—l have no knowledge of the county requirements. 158 Are you sure? Do you not know the requirements of the county so far as your own place is concerned?—l know about"the requirements between here and Paeroa. but a large portion of the county I never saw. 159 And there is a large part of the county that could never be seen unless these Government grants enabled ihe roads to be made to it?— What did make the roads in the county—the gold U y i6o In a great measure the duty provided by the mines roaded the agricultural portions of the county, and not the gold-mining'portion at all?— Yes, necessarily, because you could not get the machinery to the mines otherwise. . . 161 Do "you not know that roads in a mining district require very great expense in thenconstruction, because the conveyance of mining machinery is a very great tax upon them/—We know that to our cost. They have cost us £25,000. 162. The Chairman.] Is there not a heavy traffic-tax made on these vehicles /—-No ; they all have broad tires. . . . . . ~ . Mr Cotter ■ What I understand is that the feeling in the district in regard to mining is that it should be assisted as much as possible, and no invidious tax has been made in that way against it. The Chairman : Is there any power to require a certain width of tires? Mr Moresby: Yen. I will produce a copy of the by-laws. 16'! Mr cotter] Then, I understand that the contention of your Council is that, because i, happens that the Waihi Gold-mining Company's properties are within the boundaries of the township, the gold duty received from them is spendable in the township on necessities oT luxuries as the Council pleases?-The gold duty forms part of the District Fund ot the < ouncil, and as such it is within the power of the Council to spend it in any way it chooses, so long as it complies with the provisions of the Municipal Corporations Act. „-.,.„ , ~ ■■ ~ fs* «i,„„m 164 Do I understand it is also the contention of. the Waihi Borough Council that it should pay no part of the cost of alleviating this trouble?— Yes, decidedly. 165. Nothing?— Nothing. . _ . 166. It is considered by the borough that they have a right to receive all the benefit, and thr ow the responsibility of the difficulty on to whom /-On to the parties tha provided the d iffi- . tv-the Government The Government have allowed the tailings to go into the river for thirtyfive years! and now they want the Waihi Borough Council t„ pay for ~. For twenty years the Government have winked at the disposal of silt in the channel, and huge accumulations had been made when the Proclamation was issued. lV ~ 167 Wh.,, the borough was instituted, in 1902 or shortly afterwards was there then any agitation or any feeling on the part of any person that there was likely to be any serious injury through the deposition of the silt?—l never heard any conversation on the point 68 In 1902 you had gone up and down the road often enough : had the si t come lower down than-what partiJular place?-In 1898 there were large accumulation* of silt at Mackayto.n, W,,o l6 y 9 OU lTm h 2ing W about 1902, when the borough was formed ?-Of course, they existed there then 'l7o. But had they come lower down, so far as you know, or had any of them in 1902 got on to the land '—They had got on to the banks.

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171. Then there was no such trouble as to cause you, as Town Clerk, or the Engineer or anyone in charge, to investigate the matter ?-No; it was not my business *"*»"**> 01 any I<2. So long as the Waihi Borough only got rid of the stuff and got the duty then their busi wtTthe S-They ~** ™ W and CoUld * *"*"* Wlth " Ut **"»««« th * ««»* 174. You say you have nothing to do with the deposit of the silt ?—1 say that the Waihi Borough Council as a public body has nothing to do with the disposition of the silt 175. The Chairman.] There is no provision in the Municipal Corporations Act in reference to a Borough Council preventing the deposition of tailings in a river J—No Semite 176. Mr. totter.] Do 1 understand the position taken up by the Waihi Borough Council to be- this: Assume for the purpose of my argument that the stream from the point whefe the Tilings were put in to the point where they do damage was actually in the Waihi Borough, til die Wa h Borough would hen have nothing whatever to do with it?-The borough does not lepo i the ta ings ,„■ si 1, and therefore takes esponsibility in connection with the matter The lect you have put before me is an unusual one, and has not vet arisen P 7 17/. The Chairman.] There is no flooding in the low-lying land in the town by the action of the niimng dibns?— None whatever that I know of. J borongh?-Yes Fi<:AerW,aW ' ] ° f ** Uni °" and (; ' i "" 1 Junotion trayel *"*& ** 179. Do you mean to say you have no control over them /—I do 180. The Chairman.] We saw where certain tailings had run over the land at the foot of Wei of SdfnT ' ' KU ,_Ye8 ' ' remember t,,i "' trouble waS -"-sed by tiie raising it' W^-n't'Mid 1 ' 1 !'' 11 *' 1 ' thUt ♦ a , deF T° S i < '"' S ', k '" tl,L ' boroxx « h > • V " U ,hi " k y" u >'»™ «» over 18J. Mr. Cotter T When the Chairman put it to you that you have no control, did you include and no responsibility /-If there is no control there i.s „,, responsibilty ' 183. In fact to complete your previous answer to me, is this the contention of the boroughIn, because the Government issued this Proclamation, therefore the Government should pay Sy vifis v , '~" ' p'"-i eVll8 f . lns J de l or ou , telde fl" boundaries of the borough that have been caused OJ the issue of the Proclamation?— Exactly. 184. Then your borough does not consider that the mining companies who cause the damage rlgtit d -Yes. IUI ' V reBPODBlble f ° r that ' beC " il Protflamation has been issued giving then' that thereof SiSri! ?°" 4 BMWW ■» i]l re ? a ? d t( » «" *a™ers who have sustained damage theieby?—lt they have a right to compensation, it is from the Government. 186. And the Government only?— Yes. 187. So far as the Waihi Borough is concerned, is it not interested in keeping the Waihou lliver open as a navigable channel?— Yes. B "ainou 188 Why d„ you say the- Waihi Borough is interested in keeping the Waihou River open a navigable length (-Because there is a certain amount of goods carried on the river that come to 189. Is it no. a fact that almost the whole of the goods received from Auckland for Waihi come by river?—l have no knowledge on the subject, but probably the bulk of the goods come by steamer, and then by rail. J m. And with'regard to the passenger traffic?-! think it is probable there is a fair division 191 Would it be fair to put it this way: that both with regard to the goods and passenger traffic Waihi is equally interested, at any ra te, with the Ohinemuri County in keeping the river open/- would no. say equally with the Ohinemuri County, but I would say equally with Paeroa it you iiKt.'. 192 Therefore if you take the county, you are more largely interested. There are parts of the county that are not so interested in keeping the river open as Paeroa, are there not?—Oh, yes' -Yes rega mmmg h[t " ot a fact that almost a" of that comes by river? 194. Then, that being so, anything done by the Ohinemuri County Council as a River Board that prevented wharfage being charged also benefited Waihi/-] always understood that the River Hoard had done nothing. 195. Were you not in Court when it was stated that practically the reason for the River Hoard being formed was to prevent the imposition of a wharfage rate?— Yes, that is right- I heard that. 6 ' 196. That benefited the Waihi Borough as much as it did the other part of the countv?—lt lienefited Waihi. J 197 Waihi subsequently became a borough, and after that it benefited the inhabitants of the borough ? Yes : other local authorities benefited too—the Piako County Council. 198. Is it not a fact that goods also come up the river even to go up to Te Aroha and Hamilton? — les, but I do not know to what extent. 199 So far as the Waihi Borough is concerned, is it not a fact that after the result of the last flood the borough itself had to use the county road?— Yes, for a few days. 200. As a means of access to and from your borough ?—Yes. Might I add that a very heavy Hood—one of the heaviest floods seen in Waihi—was on the date I mentioned—29th March,' 1909 ' 201. Was that also an abnormal, or phenomenal, or unexpected flood?—My description of it was that it was the heaviest flood that we have had in Waihi that I have seen.

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•202. Do you know about the damage that it did down here?—l never heard of it doing damage down here. It was evidently a cloud-burst on the other side. 203. Then the fall was to the other side?—The water came this way, too, but it did not reach as far as here with any damaging effect. . . , 204 Do you mean that half the fall came this way and halt the other way so that it might have been very severe at Waihi, but only half of it came this side?— There was about the heaviest flood at the Tauranga Bridge that I have seen at Waihi . - 205 The Chairman,] We had it that the 1910 flood was over a house up there: was this one over a house too?—No; I did not see the 1910 flood. This was the heaviest I have seen. 206. Mr. Cotter.] Did you see the effect of it so far as the railway tunnel was concerned (—lt had no effect there, so far as I heard. . 207 .l/r. Vickerman.] Was not that caused by the tailings below being banked up?—lSo . thcic is praotically ho deposit of tailings at the Tauranga Bridge. 208. But lower down?—lt might have had that effect. _ 209 1/;- r«,«r.] How many days was it after that II - what you call the biggest Hood- that you came down to this neighbourhood?—l did not come down; 1 came up. ' 210 You speak of it having no effect at Paeroa :do you speak of your own knowledge or horn report in the newspapers?—lt was c unon knowledge that it did not come down here. It is remarkable that it has not been mentioned in this inquiry. 211 Can you give the Commission any idea of the first year when what I may call the slt question commenced to be talked about as likely to injure either the river or the settlers on the bank?—No, Ido not know that I could give the date. 212. Anvvhere near?—l know there vvas a very heavy flood here in 1898 213 There was no talk then about silt either doing damage or being likely to do damage /—JNo. 214 You gave evidence in 1907 before the Committee of the House?— Yes. 215' Can you not cast your memory back, and say how far before that it became acute. Sneaking very roughly, I should think it was four years before that. -216 Do] understand tha. it was about a year after the formation ol the borough before it first began to be talked about?—l should think it was more. • 217 Is it not a fact that it was only a couple of years before 1907 that the damaging eflects ol the silt were appreciated or talked aboutJ-Rclly I should not like to say to two or three >T™£ 218 Have you any correspondence with the Council or any resolutions passed In the Counci with regard to this silt question ?-I cannot remember resolutions. think it is probable.there were resolutions, inasmuch as we presented a petition and proceeded to Wellington to attend the Mill ll9Tan te yo" 8™ US any idea of the first year when the matter was brought up in the CoUn mriit^LZ & up A* attitude that you have told the Commission the present Council hikes up with regard to this silting trouble? Has the Council at the present time passed such a resolution? —No. 221 Is there a formal declaration now? —ISo. m tuZl told the Commission of the attitude that the present Borough Connedhas takeu „,,. I alll asking now with regard to the attitude ol the Council in 1901 1-YeS, (^nly. 22:' The attitude they then took up was that they were in no way responsibe, tartJ*mt* Government were wholly responsible for it?-No, I said that my opmu,,, was that ihe Governmen WM STatasking you as Town Clerk of Waihi I 1 take it the Town Clerk can <^^"-*» opinion of the Council When it is expressed by resolution. 1 have given the opinion ot the Council, but it was not expressed by resolution. 225. Does that answer apply to the year 1907?— Yes. fminrillor 226. Do I understand that when you, and the then Mayor (Mr. '" Donaldson gave evidence before the Mines Committee, you and they knew; that was the.feeling; ot ~„' majority of the Council?-I knew, any way. Ido not know what evidence they gave. I was " 0t you mean to say that you *ere so little interested in this matter as Town Clerk that you have not since that time seen this report?— Yes, Ido was the first thing 1 228 Not even up to the present moment ?—I saw it the other da.v . I hat was the hi st tiling heard of it I may say that I had a family trouble at the time. I gave my evidence and left 229 May I take it that there has never been but one opinion held by the majority of the W t„l i BoiSh Courfcil and thU was that they should hold on to their gold duty,^Uownc,p£- „ t„ go to remedy those evils, and that the whole and sole responsibility lay with the Government. You have the balance-sheets of the Borough Council. Take the one ending 31st March, • £$Z ! services, ,1,064 ; abattoir,, £783; ga., £3,542. That comes up u >*'.»»• . „ , hether lh „ t include. sys ssrfs jSskvas as '™R^, *•,. --*■■ management?—l think those are general charges.

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234. You take £1,800 roughly as what we might call office-management?— Yes, and adminis--11 at ion generally. 235. Can you tell us what the gold duty was last year?—£2o,473. 236. It really fell off last year as compared with the year before? —Yes. 237. The Chairman.] What was the gold duty ?—£1,680. 2.18. Please give us the figures for the year ending 31st March, 1910?— General rates and subsidy, £1,085; license fees, £107; other sources, £339; abattoirs, £785; gas, £4,184; water, £1,424; sanitary, £1,249. That makes £9,173. 239. The amount of £1,800 —does that include bank interest?— No. 240. We have got to add bank interest —how much? —£1,119. 241. Mr. Cotter.] Do you keep any check on the monthly returns of the mining companies as against the money got from the Government? —Yes; I can supply those figures. 242. Is the only loan from the Government the £21,000? —Yes. 243. If we add £21,000 to the £23,000, we get the total liabilities of the borough ?—Yes. 244. Mr. Mueller.] You said that the houses and buildings that have been recently erected in Waihi have been of a smaller character. Have not the houses that have been put up during the last two or three years been of a much more substantial character than those of previous years? —Yes. 245. Was not that to a very great extent on account of the Government lending the money on the Waihi titles under the Government Advances to Settlers and Workers Act?—l think probably it was. 246. Have you any idea of how much money has come into Waihi in the last two or three years in that way?—lt is hardly two years since that started. 247. But has it affected the building operations, and to what extent? —1 could not say. 248. You have no idea of the total amount of money that has been advanced by the Department?— Not the faintest. 249. A certain amount of money has been advanced by the Government on those titles?— Yes, but it is not being advanced now. It is very spasmodic. 260. Your borough found some difficulty in raising loans from private individuals?— They got a straight-out refusal. We got the waterworks loan prior to the time the bank put us in a hole. 251. What was the alleged reason?— They simply declined; they gave no reason. 252. So that a mining-township title is not looked upon as such a good security as a farming title?— No. 253. 1 suppose that is because farming is looked upon as more permanent than mining? —Yes. 254. You know that in the South Island they have rating on mining properties instead of the gold duty?— Yes. 255. If that were the case here, instead of your borough getting the gold duty, you would have the right to levy taxes on mining properties. You would then put a value on the mines, their batteries and works, and tax them accordingly?— Not the batteries or machinery —except for a waterworks loan. 256. You would value the mines, less the machinery?— Yes. 257. Provided you had mines within your boundary, you would be able to get a revenue from them before there was any gold produced, if it were a tax on mining property instead of the gold duty.'—lt is very hard to say what the value of a mine is that is producing no gold. As a matter of theory, of course, there would be something to be raised; but whether it would be material or not, that is another question. 258. If there were rating on mining properties, you would actually be getting your revenue earlier than if it were merely gold duty? —It all depends on circumstances, I think. 259. You get a large revenue just because your borough was formed at the time everything was in full swing?— Yes. 260. If your borough had been in existence as long as the county, you would have had very little gold duty for a long term of years?— Yes. 261. During that time you would have had some revenue from gold-mine rating? —Yes, if the mines were rated, but I cannot say what the extent of it would have been. 262. Mr. MeVeagh.] I think you prepared a statement showing the contributions of your borough in lespect of roads in the Ohinemuri County from 1904 on?— Yes, £24,227. [Exhibit No. 39.] Waihi Borough Council. — Payments made to the Ohinemuri County Council under Award, gazetted Wth March, 1903. Financial Maintenance of Adjustment. Main Road. £ s. d. £ 8. d. Year ending 31st March, 1904 ... ... 1,780 18 10 8,119 15 11 1905 ... ... 23 310 4,472 18 5 1906 ... ... 23 3 10 3,765 8 8 1907 ... ... 23 3 10 1,636 7 9 1908 ... ... 23 3 10 1,833 2 7 1909 ... ... 23 3 10 2,479 17 7 1910 ... ... 23 3 10 535 8 10 £1,920 1 10 £22,307 9 11 1,920 1 10 £24,227 11 9

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263, Mr. Mitchelson.] That includes the £10,000 1 —Yes. It has been paid off. 261. Tin Chairman.] You gave evidence before the Mines Committee: do you confirm that ,-\ idonce?—Yes. Jamks NicHoi.isos examined. (No. 50. ) 1. Mr. MeVeagh.] You are a member of the Borough Council of Waihi I—Yes. 2. How long have you resided in the borough?— Since January, 1897. 3. 1 think you have had a very long acquaintance with the Ohinemuri district?— Yes. 1 was down here in 1869. 4. You have heard Mr. Morpeth's views with regard to the proposal to subtract from your borough's revenue? —Yes. 5. Do those views express your own opinions in the matter?—^es. 6. In 1869 I think you were engaged in the timber trade in the lower Waihou .'--Yes. 7. I think you were rafting timber down the Ohinemuri River? —Yes, we were cutting timber. 8. That required your being constantly ,m the river? Yes, every week we used to be on the river. I was there from October, 1869, to 'March. 1870—roughly speaking, six months. 9. In the portion of the Waihou below the Junction I We wen- cutting timber somewhere about Netherton. It was probably below Netherton—from the water's edge back perhaps some Id chains. 10. In the course of rafting timber down the river, did you make any observations with regard to the river? —Yes, there were two sandbanks between us and Turua. I could not tell you exactly where they were. I believe there were really three banks, and our rafts stranded on those banks. Whenever there was any rain of any consequence the channels used to shift. 11. Mr. Mitchelson.] Was one of those banks the bank from which the Auckland scows are now obtaining sand?— There was no sand then at all. There was bush on both sides of the river up to Thorp's. I could not fix the exact place now where we used to have so much trouble with regard to the rafts. ~,,,• , , 12. Did you make any observations with regard to the depths ol the river at low water I Except where we stranded, the river was fairly deep. 13. You do not know anything with regard to the channels (—No ; all I remember is the trouble with regard to the rafts on these banks. 14 Mr Cotter J How long have you been a Councillor ?—A little over twelve months. 15' During that twelve months has this matte- of the silting of either the Ohinemuri or the Waihou River come up while you have been present at a meeting of the Council?— Yes. 16 When?— Just when this Commission was set up, or when it was proposed to be set up. When the Minister of Mines was down he promised that a Commission would be set up. lhat was about three months ago, I think. 17. What question cropped up at the meeting of the Council?—The question thai copped up was to devise the best means of preserving the revenue of the borough. 18. Not a consideration of the best means of alleviating the injury?—No; we did not consider it within our function to do that. |<l Whv?—Because we did not contribute 111 any way to cause the damage. 2b' But you were receiving a very large sum from the material that caused the damage?—No; we were receiving the revenue from the gold duty, but not from the material tha, caused the ''"'"af You were quite willing to receive the revenue and still say you had nothing to do with the material that caused the damage (-Yes, so long as we were receiving it legally. 22. You did not care where the stuff went or what damage 1. did?— No* that was not OUI bus, " eSS '23 While it was an advantage, you were quite willing to receive all the profits from it but whilst was a disadvantage you wanted to disclaim any responsibilityt-What is the advantage Tt & yTrLy mean to say to the Commission that you do not know what is the advantage I —Do you refer to the gold duty or to the tailings put into-the river . 25. The advantage refers to the gold duty?— Yes. 26. And the disadvantage refers to the tailings put into the river?-Yes, we will have ,t l-kc ' 27. And that is the way you want to continue to have it?— Yes. 28 And you wish to be considered a fair and just man in so considering the matte, I-Cer-:i!g„r arts =:. SjKSirs! innocent persons?— Yes, but we did not work the article. SO You would be quite willing to receive it? —Yes. ,l' You willing to receive the profits of anything so long as you are not responsible for in 4ich it was obtained?-We do not receive the profits; the shareholders do tha . 32 No they do not. They neither receive the whole, nor do you but they receive part and ;™ ™,M We receive the part that comes to us as a local body by law. trouble, and therefore we ought not to pay for it-

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Dawson Donaldson examined. (No. 51.) I . Mr. MeVeagh.] You are a member of the Borough Council of Waihi '- Yes of a few months* ""' P ° Bition '"'" ] " u * ! *" started, with the exception good'deal'.' 11 haV6 *"" """"' DOnBideration "' ,hi * 'l"fstio,i of diverting the gold di,ty?-Yes, a 4. Were you present when Mr. Morpeth gave his evidence? Yes o. Are you prepared to indorse Mr. Morpeth's views.' Very largely yes 6 Do you wish to add to them or modify them?-I would' like to make one correction and :' ~' S ,r w-, T 1 '", th ?}™ Mlt 7 °f ?» *»*?"& tor h °^ it&] c ™<*™tion and maintenance. Morpeth was asked wha the present demands on the borough were from the Hospital Hoard, and vi 1c" t £2 g 600 2u' i, " '"' U V' US e4 '° oo - The new win « of the hospital will cost £2,600. Mr. Morpeth was speaking of the proposed lesser extension. The Health authorities considered it imperative that we should have an infectious ward -n-o Lt T !' c r ?"'.'.'"""-] **»*.*» h"" ''"• " m ' i" l^'l diseases now?-At the present time they ...e put ,„ a building adjoining the main building, which violates all the principles of hospitalmanagement. The additional building would est £1,500 to £1,600. P 8. Is that to be built this year ! -The medical authorities are pressing it on very urgently and at the present moment the infectious-diseases ward is tilled, and they have to accommodate patients on the verandah, porches &c. It was built ~, accommodate thirty-five patients in the first place, and now there are fifty there, with the result I have indicated. Dr. Valintine and other medica men are pressing that adequate accommodation should be provided. 9. How many beds do the present side- wards accommodate?— Only five beds each We'have tour main wards and two small rooms built off the main corridor. 10. You have an infectious ward, but it is not big enough or is unsuitable?—lt is unsuitable and is a menace to the main Hospital. 11. Do you wish to add anything further?—l may say that our hospital accommodation is taxed very largely by patients outside the borough. We treat patients from Karangahake ami Waikino I think, roughly speaking, that one-fourth of the patients we treat are from outside the hospital district. 12. I think the nearest hospital is at the Thames?— Yes. In regard to the question of abators, we tried to borrow the money from the Government to build an abattoir, but they refused us I think they thought we had got quite enough as it was. We wee given to understand that the Government could not entertain any application for further loans; that we were thrown up,,,, our own resources and must paddle our own canoe. As to tin- gold duty, mv investigation of the conditions in both Islands has caused me to come to this conclusion : that the mining in the Smith Island is largely on the surface, ami not much capital is required to embark in mining there „,. "■ Z''- w . T 1 :). rW is a & reat deal of quartz-crushing in the Inangahua district ?- What we thought in Waihi is this : that the nature of the mining is such that an enormous amount of capital is required to reach the reefs. We think the development of the big mine shows us that adjacent mines will have to be sunk even lower than the big mine in order that they may reach the reels If that is so, I think it most unjust and unfair to tax or suggest the taxing of investors who have to incur such an outlay before they can hope for any return. And then there is the small rate—if I may call it so—that the law places upon the gold. We look upon the gold duty as a duty in lieu of a rate, and as much fairer than a rate, because it does not unduly oppress anybody Capital is sought to lie made out of the expenditure on our Beach Road, which I think is very unfair. 14. The Chairman,] Tell us your opinion about the Beach Road?—l think it is a very fair and correct thing for the borough to undertake, because we are without access to any pleasure or health resorts. I think the health of the town justifies the expenditure of £500 or £1,000. 15. How many miles long is this road?— Five miles. 16. Mr. MeVeagh,] Before the borough was formed, what was its general condition ?—The condition of the place was very bad. Tt was very bad from a sanitary point of view. 17. What was the method of sanitation adopted by the local governing body then ?—Tt was simply horrible. The bulk of the places were not visited at all. with the result that the nightsoil was buried in the town. 18. There was a population of four thousand : was there any provision made for supplying them with water?— No. B 19. Or light?— None whatsoever. 20. Do you recollect anything about the condition of the roads?—The roads were largely impassable. The Main Road was fairly decent, but the request of local residents to the County Council for expenditure within the limits of the town received only a very cool reception. That was really the primary cause of the people feeling that they were unjustly treated. 21. The Chairman.] You gave evidence before the House?— Yes. 22. You confirm that evidence?— Yes ; I think it is correct. 23. Mr. Cotter.] What annual rates do you pay in the borough? We have been told that it is 6d. in the pound?— That is the first general rate.' Then there is the sanitnrv rate, 4s. 3d. per quarter. 24. You say you were in the borough when it was formed into a borough?— Yes. 25. Is it not a fact that the whole reason for applying to have it formed into a borough was to obtain the gold duty?— Absolutely not. That was one of the reasons, but that it was the sole reason I absolutely deny. 26. Up to the period of the formation of the Waihi Borough, is it not a fact that the greater part of the gold duty was spent practically in roading the district, and, so far as it would enable them to do so. improving the various townships of the district?—T do not think so.

r r>. DONALDSON.

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27 Where was it principally spent ?-I did not go over the whole of the county, but there was a strong conviction that, as far as Waihi was concerned, that expenditure that should have come our way went in other directions. .. , , ~. f .,,.„„.,.. 28. In what other directions?—ln cutting drams, and ,11 draining the land oi the farmers. 29. Are you serious in saying that?— Yes. , 30 Will YOU state what drains, and give some idea ol the amount?-] have told you that I ~„ giving a 'statement in this respect in the way that information comes to a man generally. Wind I will say is that Waihi did not get anything like its fair shared expenditure. \l Mr Mitchelson.] You have been a member of the Borough Council since the borough was "ot consider, in face of the possibility that always exists of the gold giving out, that It is unw" se of the borough to undertake works of a permanent character ?-No, because we COriB 3 d r mines were to get five times the quantity of gold, do you still consfder that Z wLdrtill he entitled to the whole of that amount .l_T.ll the law is altered, ' <S ' -11 And you would not be prepared to say that the borough should cm. ribute anything towards the 7 we had live times the revenue I would say I would give you ; ' b %o^ o rre4nt B do insider necessary to carry on the work of the township t-Until we hSe II icie" drainage system, and until we have an efficient water system. I consider that is not adequate. It would r ire about £14,000 further elpenditure before it'is complete, and about £40,000 for a drainage scheme to make the they receive ?—Yes, a guinea a week. Duncan William McArthur examined. (No. 52.) 1. Mr. MeVeagh.] You are a civil engineer, and you are Engineer of the Waihi Borough Council ?-Yes. position ?-Six or seven years. come under your concern in regard to maintenance, ana "-s —Yes. [Statement read. Exhibit No. 40.J Waihi Bar ,h C cil,-Engineer's Statement as to the Retirements and Expenditure in """ '' Maintenance and Extension of Roads. Streets and Faths.-lu Waihi there are 61 maintenance of our present metalled streets and path,s tc, W-them simpl, ; are, and without any widening of metal, jJ^'J^^ffiT h 3?3 our present unformed within a few years—say, five years— it will be neoessary r streete-viz., 17 miles-then the maintenance will be increased bj M r 7s ol £5,00U, Dring g the amount for maintenance alone to £9,159 footpaths, only centre now necessary, the cost will be £34,400. m „ tj . llcd Greets and taking tl,,- above 17 miles „,,:;,:;;;„; SSirftL; 3M asH^ES*,; ! *. «*. - urgently required now, the outlay will be £14,776. such, except nightsoil, in pans and buried. The result ot this is , rem J y the evil. To this end the z':'W:-::;z^ tt££%ZZZZ£ ::".:,;" 221 .Vim- —' - -.«» 28-75 pressing us to get it started for some years past.

D. W. MCARTHUR.j

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7. Where will you get the money from (—lt will have to be paid for out of revenue but it will have to be constructed gradually. B.You have a very fair knowledge of the Ohinemuri and the Waihou liivers?—Yes, fairly good. 9. Have you Mr. Haszard's plan ?—Yes. [Exhibit 41, plan.] 111. That is a plan showing the areas affected by the last flood ?—Yes; it shows the land on which sediment has been deposited. It also shows the places wh,-re we took the samples from the river-bed, 1 I The areas affected by the flood are shaded brown -a neutral tint? Yes. 12 After the last flood, you went down the Waihou River to Netherton in company with Mr Haszard?—Yes. 13. To examine for the purpose of this Commission into the question of what damage had been done? —Yes. 14. At Netherton, what did you find there—say, at the Net barton School?—We could not find any sign of this deposit there. 15. Did you notice how far the last flood had been up near to the school?— Yes, it just filled .he drains; it did not get over the middle of the road. 16. Then, coming up the river, did you examine the portion of the river lying between Thorp's Bend and the next big bend?— Yes. 17. You found traces of deposit there?—Y'es. IS. Where did that water come from: could you determine that?—l am quite sure that the water that affected Thorp's Bend came across from the Waihou River about a mile or so above the Junction. and flooded right over everything. 19. You took some samples?— Yes. 20. I want you to describe the method you adopted to take these samples?— Yes. I have a diagram here showing it. [Exhibit No. 42.] A description is given of the places from which the samples were taken. 21. I think those samples were handed over to Mr. Morgan, Director of the School of Mines, Waihi ?—Yes. 22. And you received his report upon those samples as well as upon the others that were taken?— Yes. 23. In the course of your investigations did you find any indications of the solidifying of the bottom of the river?— None whatever; quite the reverse. 24. You know the large bank at the junction of the two rivers? —Yes. 25. How long has that been there, to your knowledge?—l do not remember the beginning of it. It was there when I first came to this district, about fourteen and a half years ago. 26. I think it is a fact that it has increased in size somewhat?—lt has. 27. To what do you attribute that increase in size?—To sand and sediment getting into the eddying waters. 28. Is there a willow growing on it?— Yes, a dense mass of willows. 29. Do they play any part in increasing the size of the island?— Yes; that is what causes still water at low tide. 30. Mr. Mitchelson.] Were not some willows planted at the upper end of the island?—l put the willows at the upper end. I may explain why I put them there. About fourteen years ago that island was quite separate from the mainland. It appeared to me as if it were a block of bank that had fallen down by the weight of the willows. That was the way the island began. There was a flood in 1896 that got in behind that island, and altered the current of the Waihou River, and caused the beginning of the sandbank that is there to-day. To prevent a recurrence of the water getting in behind the island I put in the row of willows. 31. Mr. MeVeagh,] You were County Engineer at the time?— Yes. 32. We may take it that the bank and willows impede the flow of waters from the Waihou? Yes. 38. I think you superintended the construction of the groin?— Yes; we put up that groin for the purpose of training the current a little higher up the stream to scour away part of the mudbank there. It did do that, and to some extent shifted it over to the other side. 34. How long ago was that?— Either in 1896 or 190T, I think. 35. That bank had been occasioning trouble to you?— Thai was the first appearance of the bank. •'ili. Was that bank, as far as you can say. in any way due to the deposit of silt tailings? — There was a lot of silt tailings on it—leaves, willow-branches, roots, and every imaginable kind of debris. 37. Mr. Mitchelsoti.] 1 suppose a good deal of it was ordinary Waihou Biver sand?— Yes, there was a good deal of it coarse sand. 38. Mr. MeVeagh,] You are acquainted with the Waihou River above the Junction?— Yes. 39. And with the growth of willows upon the banks of the river? —Yes; I know both rivers fairly well. 40. What effect have those willows upon the Waihou River when it is in flood?— Reducing the cross-sectional area of the natural flow, it backs the water up. Not long ago there were one or two places that \\et\< not wider than 30 ft. between the branches. 41. Have you formed an estimate as to the extent the growth of willows retards the flow of the current in flood-time?—lt must heap the water up feet higher than would be the case if the willows were not there. 42. Do you think it would retard the flow of the river by one-third? —It would be very difficult to say without measuring it.

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43. Do the willows not have another effect when the branches break off?— Yes, the current sometimes breaks the branches off, and they float down the stream and become planted by nature. 44. You know that portion of the Waihou River above Tirohia Railway-station?— Yes. 45. And at a lower point on the left bank of the river? —Yes. 46. Have you seen where the flood-waters overflow the Waihou Kiver at that place?—No, not myself. 47. Have you examined it with a view to determining whether the flood-waters do overflow there? —I do not think they could do anything else but flow over there, owing to the lowness of the banks and the condition of the willows. 18. What direction would those flood-waters take?— Westerly and northerly. II). Where would they make for then? —Towards Te Awaiti Creek. 50. Where would they ultimately break away?—lf the Awaiti Creek was in flood at the time, the extra water would certainly flow both ways; and I think from appearances it is quite clear that they came down into the back of Netherton from somewhere, because the water was falling over into the Waihou Biver there ; but whether it came from the Waihou or the Piako I cannot say. 51. Where would the flood-water that overflows at the Tirohia Railway-station make for? —In a westerly direction, and I believe that water also gets into the Awaiti Creek, across Section 6547. It crosses that road-line. I have seen it running over that road-formation in the olden days. 52. You have observed a number of drains that flow from the swamp on the left bank of the Waihou above the Junction ?—Yes. 53. Are they provided with flood-gates?—l do not know. 54. Would the waters of the Waihou in flood-time make up those drains and run across country?— Certainly; if the water got into the drains it would run back until it came to its own level. 55. The left bank of the Waihou is higher immediately adjoining the bank than the country at the back of it?— Yes, in many places. 56. Are there not large swamps there that would retain the flood-waters?— Yes. 57. The Netherton country is low-lying land, is it not?-—Yes. 58. A good deal of draining has been done there?— Yes. 59. Mr. Moresby.] When were you first Engineer to the Ohinemuri County Council? —Decern her. 1895. 60. How long did you continue to be Engineer?— Fifteen months, the first time. 61. When did you again become Engineer to the County Council?—l9ol, I think. 62. How long did you continue to be Engineer on that occasion?— Two years. 63. You left the Ohinemuri County Council when the Waihi Borough was formed, and became Engineer to that body ?—Yes. 64. What was the state of the island just above the Junction when you first became Engineer .' —I do not know exactly. My attention was never called to it until the formation of the small bank. It was in 1895, I think. 65. Do you remember Captain Sullivan doing anything there?— No. 66. Captain Sullivan states that he put in a groin of 200 ft. in order to divert the current at the top part of the island? —If he did that, it was well out of existence after the first flood. I remember seeing a few stakes there that appeared to have been put in. 67. What did you do at that time?—l put in a groin at the top, and then extended it to a certain point. The groin is in existence now. 68. What did that island consist of at that time—river-tailings?—The first time I saw it it was river-sand. I do not remember any mining tailings there then. When I saw it in 1901 there were some mining tailings on it. 69. A fairly large deposit? —No. 70. What object did you have in putting in the groin? —To scour away the bank that had formed in the old steamer-channel, where the new bank is formed. 71. I think, in 1901 the "Waimarie" and other steamers used to come up to the Junction? —Yes. 72. I have a letter here signed by you as County Engineer, dated ttl, September, 1902. in reference to that bank?— Yes. 73. That island has not gradually disappeared? —It is closer in to the bank than it was then. 74. Has that island not got larger?— Yes. 75. So that the effect of that groin was not to make the island disappear I—No : there is very heavy water coming down the Ohinemuri —heavy stuff—and at low water in the Waihou there would be still water there. 76. Was not that an old main channel that the steamers came up?— Yes. 77. There would not be still water in the main channel?—lhere were two currents operating against each other. The water eddies round and round there. I saw a large branch of willow-tree stranded there. I stated to the Council that it should be cut down. However, it was covered up very quickly. 78. Do you consider that the groin you put in is an obstruction to the Waihou?—l do not know that it is. 79. Are you prepared to say that it is?—l am prepared to say that in its position now. and if it were made 6 ft. higher, it would sweep everything out that side of the river, provided you let all the water come down the Waihou that nature intended should come down. 80. That is still your opinion, notwithstanding what you have seen of the present entrance to the Ohinemuri I —Yes. 81. Do you consider the entrance to the two rivers a good entrance? —No.

I). \V. McAfiTHUB.i

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82. Have you studied the matter to see whether improvements could be made where the two rivers meet one another?— Yes. 83. What opinion have you formed.—l have thought many a time of cutting through at the bend at that place. That is the cutting recommended by Mr. Metcalfe. Ii comes out above the Puke Wharf, above Thorp's orchard. 84. You have not estimated what the cost would be?— No. 85. Have you never recommended that before? —No. I have not recommended it. We have talked about it. 86. I think ihe cut would be a fairly expensive one?— Yes. T am speaking of the cut immediately below the Junction. It would only be a cut of some 900 ft. Besides that, you would have to cut or kill all the willows. 87. The samples you took were taken all the same day?—Y T es. One sample was taken at the Ngararahi Bend, where Mr. Metcalfe proposes to make a cut. I took the sample on the left-hand bank. 88. Is that the lowest bank? —No, not at that point. The right-hand side there is the lowest. 89. Did you examine the other bank of the river?— No. 90. Did you observe silt there? —Yes. what I believed to be mining sib. just above the Junction, opposite Ngararahi. opposite to where T took the No. 2 sample. 91. Where do you suggest that that mining silt came from?— There was only one place where it could come from, and that was from the Ohinemuri River. 92. You think it came straight over from the Ohinemuri? —The indications showed that. The indications \svw perfectly plain on the mill-road. There was no mistake as to where the current had been. I do not think tailings had come up as far as that. 93. What is the width of the river where you took No. •'! sample?— Two or three hundred feet. 94. What was the depth of the water where you took the sample?— About a 12 ft. rod. T took the sample from the launch al low water. Tt was taken from the channel. 95. T suppose you expected to find a lot of tailings in the channel? —I did not find them. 96. Did you take it from the surface?— About 2 in. under. Wherever I took the sample the depth was under 12 ft. 97. Can you say what the depth was at the time you took it?— Anything from 6 ft. to 10ft., except where 1 took the sample opposite Hape Creek. 98. So that we may presume you were looking for the channel, and you took your samples from there?— Yes, from the bottom of the river. 99. You spoke about th- water running up some drain on the west bank of the Waihou?— Yes: one was above the 4'irohia Railway-station. 1. was an outfall from the swamp, and in floodtime the water runs the other way. I cannot say where the other drains are. 100. When you were Engineer to the County Council the railway was not open lo Waihi al that time?— No. 101. Can vim give us sour- indication of the traffic on the Main Una, 1 ?-- .\bout four hundred horses left Paeroa every morning for about live days in the week, and there were twelve wagons regularly on the road, with eight horses in each wagon —each wagon containing from 6 to 8 tons. 102. 1 think the heavy machinery all went out that way.'—Yes. weighing as much as 50 tons. 103. That road was a great expense lo the county for upkeep?— Yes. 104. You know that thousands of pounds was expended on the road for upkeep?— Yes. 105. There was a large sum of money expended on the road from Waitekauri to the Golden Cross? —Yes: it was principally Government grants. 106. The county spent a lot of money on the tracks and roads? —Yes. 107. You had also to look after several gold-mining townships? —Yes. 108. Waitekauri. Golden Cross. Waikino. Mackaytown. Paeroa. and Maratoto?—Yes. 109. So that out of the gold duty the county received it had to provide for eight or nine mining townships, besides the upkeep of the county roads? —Yes. but they got enormous Covernment grants. 110. Could they have made all that expenditure from their ordinary revenue? —No. 111. The Government was at that time spending money in opening up goldfields by roads and tracks? —Yes. 112. Mr. Myers.] You know that there are drains running into the upper Waihou that carry down debris other than milling silt? —Yes, many of them run through sandy country. 113. Would you or would you not expect large quantities of material to be brought down those drains?— Yes ; you see the sand running into the river at the end of the drains. 114. That is ordinary alluvium—nothing to do with mining silt? —It is what is generally termed pumice sand —quartz. 115. Did you see any other kind of material coming down those drains?—ln wet weather the water in the drains is muddy. The sand that has been taken out of the ditches has been put on the top of the roads in many places as metal, and the result is that when a shower of rait, comes it is washed off the roads into the drains. 116. You referred to the willows on the Waihou : you have said nothing about the willows on the banks of the Ohinemuri Biver: do you think that if those willows were cut down the condition of matters would be ameliorated?— Yes, certainly: I would cut every willow in sight. 117. You think that would ameliorate the condition of matters? —Yes. The water will get away quicker, and the river will be nearer its original condition. 118. Do you think that would cause floods lower down the river? —I do not know whether it would or not. The flood would get away quicker than it does at present. 119. Have you considered the question of erecting stop-banks?— Yes; that is quite apparent to any one who looks at the river.

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iD. \V. MeAKTHUK.

120. Do you think that the judicious erection of stop-banks would improve matters?— Yes, it would save a lot of flooding; but it would have to be done with great care. There are places on the river where if a little attention had been given, with a day or two's labour, hundreds of pounds of loss would have been saved. 121. Mr. Hanna.] A reference has been made to the report of Mr. Metcalfe. He also recommends a cut at Pereniki's Bend. Do you object to it. and, if so, what are your objections? —You would be putting all the fall in the present three miles and a half of river into about half a mile, and you would have such a rapid current there it would draw everything out of the river: it would be carried further down the river. 122. To the navigable parts of the river/ —Yes: that is what I have always said. 123. The Chairman.] Can you give us an idea of what the fall is in the three miles and a half? —1 think it is only 3£ ft., but 1 have never taken the levels. Mr. Bray: Nine inches and a half from actual water-level. 124. Mr. Mueller.] You have heard Mr. Bray's statement as to the fall in that distance: do you still adhere to your previous opinion that this fall would create too much of a scour altogether? —Yes. 125. Supposing the river were hist cleared of the tailings that are in it. would not that cut be a great benefit for the future getting-away of the water?-—No: 1 expressed an opinion about that cm before the tailings were ever causing any nuisance at all. My opinion was asked about it twelve or fourteen years ago. My reply was that it would lower the Hood by many feet if that cut was made: but in doing good to one part of the place you would be doing harm to the people down I Kilo w. 126. You say this water comes over the bank at Mackaytown and comes across the country to the Waihou? —Yes. 127. And this cut, you say, would create such a torrent that the lower land would Ix- flooded .' — Yes. 128. What land would be flooded still more.' —Hound about the Junction. 129. Even supposing the present deposit of tailings were cleared out of the river?— Yes. 130. You think the cut would probably save Paeroa from being flooded?— Yes, it would lower the level of the flood-water at Paeroa. 131. You remember the flood in March last? — Yes; there was not a match-box full of silt on the paddocks at Crosbie's. 132. The willows, you say, impede .he current considerably?— Yes. 133. And you say the cross-section is considerably affected?— Yes. 1.'14. And that, you say, naturally causes the river to overflow its banks.'—lt helps it to do so. 135. Supposing the willows are cut down, that would cans,' a quicker flow of the river: would that not tend to shift the silt in the river further down ?—Yes. 136. I suppose you admit that on the banks of the lower Waihou, from the Junction as fa! down as Netherton, there are deposits of tailings .'--Yes. 137. That, I suppose, narrows the river cross-sect ion .' To a certain extent. 138. And if that were still further narrowed by a further deposit, it would make the flooding still more frequent? —It would : but if you cut ihe willows down in the upper Waihou you would allow all the drainage of the valley to keep within the banks of the river. You would bring it all down past the Junction, and scour out the channel: it would thence go out to the sea. and carry with it three parts of the stuff that is now being deposited. 139. Do you mean to say that the extra flow of water would scour away that bank, and not simply flow over all the countryside? —Yes, provided you trained the current properly with a groin. At present when there is a Hood, most of it goes over the top. 140. You reckon it would sweep that bank away.'—Yes, if it continues lower down. 141. Supposing even you did that, and mining operations were to take place in the uppei Waihou at Waiorongomai, the tailings would come down the upper Waihou? —Yes. 142. And, according to what you state, willows would collect things: would the stuff not be distributed in the upper Waihou? —Yes, it would gradually come down. 143. Talking about the last Hood of 1910, you consider that the water which affected Thorp's Bend came from the Waihou about a mile above ihe Junction? —I think so. 144. Where were you when that flood was at its height in March, 1910?— In Waihi. 145. You did not see the Waihou during that flood?—No: but 1 went there afterwards, and i raced the direction of it from the scour it had made. 146. Do you know whether the Waihou at Te Aroha was in flood at all in March?—l do not know. 147. Did you not hear that the Waihou was not even bank-high at Te Aroha?—l heard there was not much of a flood there in March. 148. So that, from the effect of what you saw of the flood, if the water had gone across at the place you indicated, would you not think it had been caused by the blocking at the Junction, and the Waihou waters being blocked back?—The blocking at the Junction will no, lower the water in the Waihou. 149. Will it not tend to raise the height of that water? —Yes, very little. 150. You know that the flood of 1907 did a lot of damage in the Ohinemuri and Waihou Vallev?—Yes. 151. As to the sample you took at the island at the mouth of the Hape Creek, are you certain you took it ft. below the surface?— Yes. 152. Was the surface of the island at that place similar to what you got at 7A ft.?—No ; what I got at 7i ft. was coarse pumice sand. It 3. And the surface was tailings or silt? —Yes.

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154. Coming back to the Waihi Borough : we have heard from Mr. Morpeth that the main st reel was made of a permanent character. You know that numerous other streets were formed of a permanent character?— Yes, the main street is not a very pretty street. 155. Half a mile from the main street, does not the concrete channelling extend right along to the Hospital?— Yes. 156. Miles of concrete channelling? —Not miles. 157. You have spent money on a recreation-ground, including municipal swimming-baths?— \es, the only place in Waihi where anybody has a chance to wash himself. 158. And a municipal bowling-green? —Yes. 159. Did your borough not lay down grass tennis-courts?— Tennis has been played there. 160. Has not your borough contemplated laying down asphalt tennis-courts?— Most decidedly, and they are very badly wanted, too. 161. Did not your borough spend money in laying down a central cricket-pitch?—No; the cricketers spent that money. It is a pity we had not a recreation-ground three times the size it is now. 162. There is a new practice-room for the band?—The band built that themselves without any assistance whatever. 163. Has not the borough assisted the band financially?— Yes. 164. Mr. MeVeagh.] What about your own salary?—My salary was reduced during the retrenchment of the borough. 165. The Chairman.] What is the consumption of water per head of the population?— There is no meter to measure the consumption, but I managed to do it on one occasion. It was something like fifty or sixty gallons a head. There is a lot of water used by the mines for working their hydraulic lift at the battery. 166. Do they pay for that? —Ten pounds a year 167. Is thai a fair sum to pay for the quantity of water they use?—No, 1 think it is fairly small ; but they held a creek, and did not offer any objection to our taking that creek. 168. Is the water sold by meter?— Partly. 169. What do they pay per thousand gallons?— One shilling. The Grand Junction pays a considerable amount sometimes. 170. Why do you think fifty or sixty gallons of water is an insufficient supply for the township (—That is not available during the summer. The people are then restricted'to the smallest possible supply; they are requested to use the water very carefully. 1 71. Do you know of any city where that does not apply ?—Not so much as that. lam afraid we have not enough water for fire purposes. I think it is a very undesirable thing to be drinking water caught oft' the roofs of the houses. The sanitarx arrangements are not what they ought to be. 172. You, as an engineer living in the district, and seeing what a serious matter the silting is, must have studied the matter. Will you give us the benefit of your idea as to what is the remedy: first, as to the present deposits; and, secondly, what is' the remedy for further stuff lhat may come from the mines .'--I have thought of it a good deal. The problem is a very difficult one. lam in accord with what Mr. Metcalfe says in connection with embankments. My idea all along has b, en that it will 1m- neoessan sooner or "later that all the flooding waters be kept within bounds by embankments a distance out from the river—about 5 or 6 chains from each side of the river. I think thai would be quite sufficient. You would require to straighten it here and there. Cut down all the willows. Then there is that deviation at the Junction. I think if these things were attended to thoroughly there would not be any danger of mischief accruing in the future. 173. You would permit future tailings to go into the river?—Thev would form themselves into heaps on the lee side of the bends. I 74. But that must reduce the section ?—Yes. but it is a wry large section—lo chains wide. J i 5. They would have to buy 10 chains of land—the best river-flats?—Y'es. 176. And the extinguishment of the Native titles and rights on the rivers?— There is nothing else lor it. 6 177. Mr. Mitehe/son.] Who should pay for it/—The. Government should pay for it, because ihe Government gave permission to the companies to use it. 1 think that was a very good suggestion ot Mr. Breakell's—to take the sand out of the river, and use it for making an embankment right across the Piako Swamp, and also for the roads that are required there immediately It is the cheapest material that the Government could get for embankments They require the material, and there it is. Why not take it? 178. The Chairman.] That would mean dredging, I suppose?--Yes. 179. Then you think it is a wise thing to discharge the silt material into the river and lift il mi, again lower down the river: you think that is a mechanical possibiltv?—Y'es. 180. And a wise thing to do?—I think so. .oi'Ir° U Uk, k , n ° W the large drain runnin g illto the river at the Netherton creamery?— Yes 182 Would you put flood-gates on that?—lt certainly would do no harm. It is not so much required as higher up. I*3. Did you go inland from that place?— Only as far as the school, or a little beyond I did not go into the swamp beyond that. ' 184. You cannot tell me anything about the land at the back?—No; I arranged for Mr Haszard, surveyor, to investigate the whole thing and prepare plans for the Commission, and he will show you them. ' ue 185. You said there should be flood-gates on the drains at Bertelsen's land? That is where the silt came in aud deposited itself on the land.

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186. Do you not think that practically all the drains are plaoed, as regards outlete, at the wrong angles to the river? —Yes. 187. And would you recommend them to be placed at one angle I —At an angle down the stream. 188. A material angle?— Yes, of 25° or 30°. 189. You are aware that there was a flood-gate there? —Yes; I am given to understand thai it entirely disappeared in one of the floods. The opening of the drain into the river has become very much enlarged. I have no doubt the flood-gate would have been still there if a little attention had been given to it. 190. Was the County Council a River Hoard when you were its officer? —Yes. 191. And did it do anything as a River Board?—No; there was an annual meeting held ai which the financial position of the Board was considered: and the receipts and expenditure were nil.

Paeroa, Tuesday, 31st Mat, 1910. Arthur Herbert Vivian Morgan examined. (No. 53.). 1. Mr. MeVeagh.] You are Director of the Waihi School of Mines? —Yes. 2. I think you were handed a large number of samples of silt of various descriptions for the purpose of examination and report?— Yes. 3. Samples that were taken at the instance of the Waihi Borough Council?— Yes. 4. You have prepared a report, with a tabulated statement, explanatory of the results of your investigations? —Yes. 5. I think this is the report and explanatory table? —Yes. [Exhibit No. 44.J 6. I observe from the tabulated statement that you have dealt with three classes of silt-deposit? —Yes. 7. And the third class is the last on your tabulated statement? —Yes. 8. That is numbered certain figures over 3 ?—Yes. 9. You were given to understand that the No. 3 series was taken in the neighbourhood and above Te Aroha?—Yes. . , 10. Who were they taken by?—By Mr. Morpeth. The .No. 2 series was taken by Mr. Ilaszar.l and Mr. Morpeth in conjunction, and the No. I series was taken by Mr. McArthur and Mr. Haszard. , , . . , 11 Will you explain the system of classification that ymi adopted in your investigation?— The object of the investigation was to determine as far as possible what proportion of the samples might consist of mining tailings and what proportion could not possibly consist of mining tailings, or in other words, consisted of natural river-sediment. The method adopted was to grade the material into coarse and fine material, the coarse material being too coarse to In; possibly mining tailings, and the lino material being so tine that it might possibly be mining tailings. 1 hen the coarse material was put on one side as being impossible to be mining tailings, and .he line material was further examined under the microscope and in other ways to see what proportion of ,t was """if TtMnk you have a series of columns marked A and B : Please explain these clumns?The samples were separated into four grades. A. B, C, and D. A was the coarse grade, and would remain on a 30-mesh sieve: B was the next coarsest-it passed a 30-mesh and remained on 60 mesh "eve; C passed a 60-mesh and remained on a 90-mesh : D passed the 90-mesh. I took t that A, which remained on a 30-mesh sieve, could not possibly be tailings. It was coarse material. and it was obvious to the naked eye that it was not tailings. It consisted in most eases ol pumice and grains of quartz. 13 The Chairman.] Did you deal with these wet or dry?— Dry. 14 Mr MeVeagh,] Ah to grade B?-Grade B was quite unlike tailings in appearance and I have no doubt the greater proportion of it was not tailings. I have the grades here, and 1 think Ms almost obvious to the naked eye that this grade is not tailings. C and I , however which are fine"enough to be tailings, have the appearance of tailings, and I consider that they are Fi tl'thh,k n yOU.- table shows the percentage of material in each sample that might possibly *\(i nS The Chairman.] By bulk, or weight, or how?—By weight. 17. Mr MeVeagh.] Some samples were taken above Te Aroha „, the neighbourhood of the Gordon Settlement?—l believe so. 18 T think they were taken for the purposes ot comparison ;—Yes. IS' 1 think no" tailings have been discharged up at that point ?-I believe none have been you have arrived at in regard to these tailings taken above 20. Just leier to me ,»" fI„ OTIM , a T think you have in your examination found Waiorongomai £J Waihou River?-Yes, in some a much higher degree f.™^^ £J P BM pc ,- cent, of fine material and 498 per cent, cases. In sample No. 11, for example I n St^ii 'HlS£ S £f 1 came from a wash-out on the road just past the Gordon Bridge. investigation of every sample in that report?-Yes.

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of mining tailings which I obtained from the battery. It consisted principally of grains of quartz, some clear and some milky, very fine and very angular. " 23. What power did you use—under what objective?— Principally with an inch objective 24. You said tailings or slimes?—No; similar to the sands from the battery. None of it was hue enough to be classed as slimes. 25 You have examined the slime under the microscope dry: what is its characteristic?—l have not examined slimes. on 26 e, l " nderstand you hay « examined battery tailings or sands which have gone through a 90-mesh ?—Yes, practically the whole of then, go through the 90-mesh—those taken from the battery. 27. Mr. MeVeagh.] So the position is that the artificially produced sand from the battery is identical in character, in your estimation, with that produced by nature in the pumice sand at the Gordon Bridge?—Yesj the portion that is found in the bed of the river is practically identical with mining tailings. The quartz in it is identical. 28. And there are other substances present which distinguish it?— Yes. 29 Have you made any estimation as to the proportion of quartz contained in the sand taken from the Gordon Bridge?— No. 30 What I mean is this: You might in that sand obtain a large quantity of other material and only a speck here and there of quartz: I want to know, is quartz a predominant or minor factor;—the quartz is predominant. 31. Does that refer only to 11 and 12, or are there a number of other samples ?—Yes, I think there are about nine series. 32. And what you are saying now applies to other samples besides 11 and 12?— Yes, I think it applies to most of them. 33. It is a general statement in regard to the whole of the Te Aroha samples?— Yes. 34. That evidence all goes to show that in midstream, where the current is, the fine stuff shifted further and the coarse stuff is left? —Yes. 35. I suppose you cannot give particulars of the total quantity of mining tailings turned into the river?—No, I have not the figures. 36. Nor are you able to give figures as to the area occupied by the bed of the river, and the corresponding thickness which the silt would occupy when spread over the river bed and banks? —No. 37. It is perfectly clear, with such very large deposits visible and traceable, that a very little proportion can be left lying on the bed on the bottom ; but you have not prepared any figures to cover that?— No. The Chairman: Has anybody prepared figures to cover that? Mr. Hanna: We shall be able to supply a great deal of that information for you. 38. Mr. Moresby.] I understand you did not take any of these samples yourself?— No. 39. Nor have you, I presume, for the purpose of giving evidence at this Commission, examined the river yourself?— No. 40. Your tests have been simply laboratory ones for the purpose of determining the amount of quartz material in the sands which have been submitted to you?— For the purpose of determining, if possible, the amount of mining tailings in the samples submitted. 41. I believe that you are aware that in the batteries at Waihi, where you live, the companies at the present time are grinding to slime?— Yes. 42. What do you call grinding to slime: through what mesh would the stuff have to pass, in your opinion, before it became slime?—l think the usually accepted definition of slime is material which will pass a 200-mesh sieve. 43. Did you obtain any standards from the mines in order to get a guide to start with and to compare the other samples with, as to the percentage which would be slimes and the percentage which would pass the various meshes?— No. 44. Do I understand that you did not try to find slimes in the tests you made?—No slimes were present in the material obtained from the Waihou River below the Junction. 45. The Chairman.] Why did you say that?—ln examining grade D under the microscope the material was all of an even grade which would just- pass the 90-mesh sieve and no more. There was no very fine stuff in the samples taken from the bed of the river. 46. Mr. Moresby.] What about the samples taken near the banks of the river?— With the exception of three that were taken on the banks there were no slimes. I think Nos. 1, 2, and 7 consisted of very fine stuff--47. Referring to this sample D, you have not told us the percentage that passed the 90-mesh? —Column D is the percentage. 48. You have not determined what would go through 120- or 200-mesh?—No. 49. Why did you not supply that information?—l did not see what use it would be. 50. The Chairman.] You examined these three samples microscopically, and you are satisfied they were slimes? —I stated at the end of the report that I was unable to determine what was mining tailings and what was natural. 51. You cannot give us any estimate of the relative proportion of quartz to other materials in that 100 per cent. ?—No. Quartz was the predominant mineral. 52. Mr. Moresby.] Above Waiorongomai you get a river which contains nothing but pure river-sands? —Yes. 53. Can you give us the percentage out of that river which passed the 90-mesh?—l think that information is supplied. It varies from I' 9 to 708 per cent. 54. So you had some high percentages that did pass Ihe 90-mesh, in the clean river? —Yes. 55. T understand yon did not take this any ftirther, and did not see if any would go through the 120- or 200-mesh ?—No.

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s(i. So there may be a considerable amount of stuff in the Waihou which will go through the BmaU 37 r TuChSZmm-} You did not determine the proportion of quart, to other *» Te Aroha "nd, nor did you detormin* the proportion of quartz to other material ip the Waihou fliver bed samples?— That is so. 58 Therefore it is difficult to trace the analogy I— Yes. 59' Vr ¥ore.s-6w.l Did you make any silica tests?— Not of these samples. 60 So YOU m- unable to tell us from any assays you have made as ,0 what ,he povcentage of silica would' be in theM pure river-sands up the Waihou R.v,,' No. I he percentage ,S fa.rh You did not mak, any actual tests (-No. 1 MiP the silica in the sands under the microscope, and fro,,, tlmt I am able to say the percentage is high. Mine?— f,2. Do yon know what the percentage of silica is m the sands coming from the Waihl Vhne? 1 think, roughly speaking, about 90 per cent. M f think we' lrr2« that the percentage of silica in the pure river-sand above the nnning influence is'not the percentage of silica in the ore which comes from the Waihi tailings! No- I think you can faith assume that. . 6, I what you elassifv as possible nnning tailing. In the Wa.hou 1 iver below the Junction did you include all the percentage of silica that is found as mining tailings coming from both riir. or how didyou make a distinction t-Bv the appearance. I did not tnclude all the silica as mi TSie J* ari mtl. - - ""ft £«£ Ohinemuri RiVe 6»"Sen a hoi are you able to tell the difference f_That comes under the grade of: possible tailings. I say the possible tailings may contain a certain amount of fine quartz which is not mining fa ohinfimurit you haw inoluded the faSfSTiSTo, fining tailings: but of courae the weakne* is SaKsSSSSS-"!* as**** => t s ' 011 which you have called C and D 1 presume you carefully examined updpr the microscope, as being the finer d v , X that it WM iipp arent to the 7.",. A and B were the coarser ones, and you said in legaici to a ff naked eye that it was too coarse to be tailings?— Yes. ;t. to" %r2&g£l?23z « ■»—-»**•-■ "'i —*»»■*-*■ scopicallv. ■ •■ Vi ; + . ,s .here much difference?-The specific gravity of aqueous quartz is 26, and of the otheF | V« are a, kin, -Id you not have £ rortwel. ths , could give us ~,- full remits?-! could certainly go a good deal further that, 1 did. 88 Sou took no chemical tests at all, for the silica *—No . g» It is simply a physical test you made, and nqthmg else?-Irs.

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90. I should like to know whether there were any polariscope characteristics in the quartz?— I did not make any polariscopic examinations. That is another thing 1 had not time to do. !H . If it were done I suppose there is a distinction between aqueous quartz and igneous quartz? —Yes :it would be possible to determine the percentage of the aqueous and igneous quartz in the river. 92. I suppose you cannot tell us why samples were taken only from the upper and lower Waihou and none from the Ohinemuri) —No. I examined some from the Ohinemuri for the borough some three years ago. Il.'i. Can you tell us from memory what the result was.'—The Ohinemuri samples were praci ically all tailings. Walter Waddel examined. (No 54.) 1. Mr. MeVeagh.] You live in Waihi J—Yes. 2. I think, some eighteen years ago you used to work iii the bush at the back of Netherton. fes. 3. Whose bush was it?— Fred Smith's. Fisher owns it now. 4. I think you know something about the liability of that land to flooding ; you made some observations there ?—Yes. 5. Where did the water come from that flooded that laud?—lt all came through from the back, from the upper Waihou. 6. Do you know where it came through from that way?— You cannot sty- tiny flow. For about six or seven months in the winter-time the water is practically waist-deep when you get off the i ram-line. 7. Did you ever do any work in the Waihou River below the Junction? —Yes, rafting and fishing. 8. Did you notice sandbanks there? —Yes, there was a shoal just above the Netherton creamery, and there was another one a little over a mile below Netherton, and there were various banks until you got past the mouth of the river. 9. Were these banks permanent or shifting?— Shifting banks mostly; but as you got further down the river they were more inclined to shift than the top banks. 10. T think you worked at the Thames for some time? —Yes, I was reared at the Thames. I did mining and fishing there. 11. You know something about the discharge of tailings into the Thames Harbour? —Yes; all the batteries discharged practically into the Thames Harbour. 12. The Chairman.] What was the last year you were there?— About eleven years ago. I was lishing on the Thames at the time. 13. .1/r. MeVeagh.] Do you know what mines the tailings were coming from into the Thames Harbour?— There was the May Queen Extended battery, as it is called now—it was Bull's then, They have discharged into the Karaka Creek since forty years ago. Some years ago there was a battery some 5 chains lower down. 14. Large quantities of battery tailings have been put into the harbour, extending over a number of years?— Yes. 15. Mr. Moresby.] You told us you were working in Fisher's bush?— Yes. 16. Do I understand from you that the waters coming over Netherton for this period you mention in the winter-time were practically waist-deep?—lt was lying there. Pond's bush was practically a lagoon. 17. flow do you know that water came from the Waihou? —From people who had been there all their lives. It was tin understood thing that it came from the Waihou. 18. Are you able to say that that water could come from the Awaiti Stream?—l cannot say. 19. Did you ever try to determine where the water came from yourself? —No. 20. Did you ever try to trace its source?— No. 21. The Chairman,] Have you been up the Awaiti?—l cannot exactly locate it. 22. Have you been in from the place where you were working in the bush until you met another stream?—No: you could not get in very far in the winter. 23. Well, in the Bummer)—l never worked in the bush in the summer-time. I was a lot about Netherton and down the river. 24. But that was within half a mile of the river : what about three miles back from the river? —I think it is all kahikatea swamp within two miles of the river. 25. Mr. Mueller.] You say you were working in there about eighteen years ago: are you sure of the time?— About eighteen or nineteen years. lam not sure of the time. 26. How long were you working in that bush?— For about four months ; but I have lived there. In fact, the owner is a brother-in-law of mine. 27. What other work did you do after that?— Mining at the Thames. 28. For how many years were you mining at the Thames?— Six months 29. So that the four months you mentioned just now was the only time yon worked in that bush?— Yes. .30. And you visited it at other times?— Yes. 31. You said you were rafting on the river: was that during the same four months you were working in the bush?—Pari of it ; but I have been rafting at other times. 32. What has been your experience on the river?—l have had a lot of experience. T have been lishing on the river as far as Bagnall's. 33. What are you doing at the present time?— Working for the Waihi Company. 34. How long have you been in Waihi?—About seven years and a half. 35. Are you a member of the Borough Council or Hospital Trustees? No 36. Are you not on some local body there? —No,

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Moore Fenwick Haszakd examined. (No. 55.) 1. Mr. MeVeagh.] You are a licensed surveyor practising your profession in Waihi? —Yes. 2. You have been practising in this district for fifteen years?— Since January, 1896. 3. I think, during the first two years your headquarters were in Paeroa? —Yes. 4. Have you during thai period been professionally engaged in all parts of the Thames, Ohine iniiri, and Piako Counties?— Yes, in all parts, and more particularly the Ohinemuri County. M.\ work has carried me right from Tairua, on the other coast of the Thames County, to Momnsville in the Piako County. 5. You have been recently engaged in examining the areas upon which ther,. has been a deposit of silt and tailings?— Yes. 6. And you have prepared a plan that is now before the Commission? —Yes, that is my plan. [Exhibit No. 41.] 7. It shows the areas affected by the deposit of tailings?— Yes, it shows approximately the areas affected by the deposit of tailings. I may say in regard to (hat that these are sketched on. Tune did not permit of a very accurate survey, but the positions have been taken from the intersection of boundaries and road-lines and known'marks on the plan. These were sketched on a copy of the plan in the field. I had a notebook with me as well. 8. The Chairman.] And they were transferred at once, I suppose?— Yes. 9. Mr. MeVeagh.] Your plan, I think, shows the approximate area of the Ohinemuri and Waihou watersheds? -Not on that plan. I have a plan here taken from the Survey Office maps of four miles to the inch, portions of sheets 3 and 4. 10. What are the approximate areas of each watershed? —The watershed of the Ohinemuri above Mackaytown, taken from Marsh's Bend eastward to the source of the stream, approximately 90,000 acres. The area of the whole Waihou watershed, including Ohinemuri and the whole river from its source to its mouth in the Firth of Thames, is about 150.0110 acres. .11. The Chairman.] Is there not a definite watershed to the Ohinemuri below Mackaytown.' There is a very, very small watershed to the Ohinemuri below Mackaytown. There would be the watershed area of Tarariki Creek, but very little on the other side. As a ,natter of fact, the watershed on the southern side is away from the Ohinemuri to the Waihou. 12. All above the Te Aroha Railway within a mile and a half of Paeroa must come into the Ohinemuri? —I do not think it does in time of flood. Tn time of flood that water goes across these swamps out into the Waihou, as far as I can ascertain. 13. Take the watershed of the Piraurahi Blocks, between the railway and the Waihou : howmuch of that do you think goes to the Waihou and how much to the Ohinemuri? —I say when the Ohinemuri is in flood the flow is across there. I cannot say where the actual watershed would be: it is all practically dead level. 14. Supposing the big drain did not exist on Bertelsen's property, where would the watershed be?—l cannot say. It would be impossible to say without taking actual levels. 15. What line have you taken northwards of Mackaytown as being the watershed?—l have taken the traverse boundary up there. I have referred to the area of the Ohinemuri watershed east of Mackaytown, and that is the area that is taken out. 16. But it is possible there may be more water runs into the Ohinemuri than off these 90,000 acre s?—Oh! there is; there must be more. That is dealing with the part .east of Mackaytown. I have also taken out the area of the Waihou south of its junction with the Ohinemuri —that is, the upper Waihou —at 280,000 acres. 17. Mr. MeVeagh,] You commenced your investigations after the flood in March, 1910?—The week following. 18. I think you observed the direction of the flow of the water, and the damage caused by it? When I started on the investigation I started with the river by Mackaytown. I went over the areas that had been affected there by the deposit of silt, and also, as far as possible, T tried to trace out the direction of the flow and that of the flood-waters which had covered the countryside. 19. You found that there had lieen an overflow from Mackaytown?—The first place where the river had burst its banks, I think, was just en Moananui's Flat. T have indicated on the 20-chain plan there, as near as I could, by the arrows, the general direction of the overflow, judging by the depth of water on the Te Aroha Road and the evidence left. They show the general course of the overflow waters from the Ohinemuri at that particular place. T think it crossed the country. and swept away the Te Aroha Railway line for a considerable distance. The Waihi line was first affected along Moananui's Flat. There was a long stretch from the crossing on the Te Aroha Road towards Waihi. 20. And the ballast? —The evidence is there still. The ballast has not been collected up. Tt is spread out in the adjoining paddocks. 21. I think it went across the country, and affected the other line? —Yes. The evidence on the Te Aroha Road where the waters crossed, by the marks left, give one a pretty good idea of the direction of the flow. It crossed there, and crossed the low-lying country, and was evidently held up by the Paeroa - Te Aroha Railway embankment for a time. 22. Then it broke through there? —Yes; it was carried away in places, and these waters would lie spread out over Piraurahi No. 10 Block. They ultimately found their way into the Waihou above the Junction. 23. The Chairman.] You think they all got across above the metal road?— Yes, practically, as far as T could judge by the indications. 24. Mr. MeVeagh.] You found indications, T think, that the Ohinemuri had overflowed elsewhere, but the greatest overflow was in this direction?— Yes.

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25. I think you were in Waihi at the time that this flood occurred? —No; I was in Rotorua the night of the heavy rain. 1 was held up in Te Aroha the following day, when coming home, on account of the railway being washed away. I came through on the Friday. The flood was on the Wednesday. 26. You noted the indications of a high flood?— Yes; from the marks on the road and on the banks of the stream all the way along between here and Waihi, J was surprised to see the height the flood-waters had reached. 27. 1 think you have never known a higher flood in the district?— Not in my experience of the Ohinemuri. 28. You made some inquiries at the meteorological station in Waihi to ascertain what the rainfall was? —Yes. One of the first things 1 heard of was the tremendous quantity of rain that had fallen, and I got the figures from the meteorological station. 29. '/'/(, Chairman.] Who keeps it? —Mr. Devereux. He is an official of the Waihi Company, and a Fellow of the Royal Meteorological Society. 30. Mr. MeVeagh.] You found from Mr. Devereux that there was a rainfall of 14 in. in fourteen consecutive hours? —Yes. •'il. I think that is a phenomenal downfall? —Yes. I never had any experience of anything like it, nor do 1. think there is any record of any similar downfall in the Dominion. .",2. You did come across in your researches two other phenomenal records?— Yes, in works on ihe subject of rainfalls. I could only discover two records that equalled this amongst recorded instances of absolutely phenomenal rainfalls. 33. The Chairman.] This, of course, is all from one rain-gauge?— Yes. 34. Whereabouts is it situated in Waihi?—Close to the battery. 35. Mr. MeVeagh.] You have made calculations to show what was the result of this downfall of water? —Yes. 1 made a calculation to show if possible what the downfall of rain would represent, say, in millions of tons of water. 36. The Chairman.] On what assumption?—l will give you the assumption. lam taking an inch of rain as equal to 101-3 tons per acre, and I am taking two-thirds of the volume of fall in twenty-four hours as an approximation of the discharge in that steep watershed for the same ."no. That is taken from Fanning. That is, that two-thirds of this fall would find its way into the river during the fourteen hours. 37. You said, in the twenty-four hours? The ratio would be the same in the fourteen hours? I have allowed for a fall of 10 in. That, of course, is an approximation: we cannot say absolutely what the fall was in a particular part of the watershed; the only figures we have are at the station. -'IS. Mr. MeVeagh,] You assumed that two-thirds of the water would find its way into the Ohinemuri during these fourteen hours?— Yes. 1 took 10 in. in the fourteen hours over the watershed I have previously referred to —90,000 acres. 39. The result of that calculation on that basis showed that that quantity of water had to pass through the gorge at Mackaytown—42,sso tons per minute. 40. Under these circumstances do you think the Ohinemuri could have carried these waters without flooding?—l do not think it could. It was a phenomenal downpour, and the river could not be expected to carry it. 41. You told us you examined the country for traces of silt, and that you have shown the areas affected as nearly as possible on the plan before the Commission?—Yes;l have indicated witn a light wash the areas, as nearly as I could determine, actually covered by the deposits of silt. I may say, of course, in regard to that that there may lie other parts with traces of silt. Ido not mean to say that one can be mathematically correct for a work of that kind during the time I had for investigation. 12. The Chairman,] Do you mean that the whole of this silt was deposited by the flood of 1910? -That I cannot say. 13. Some of this silt may have been from the floods of 1907 and 1909? Yes, probably that closest lo the banks would be. 44. You examined the district coloured grey, and the whole of it shows signs of silt to a more or l,>s extent? —That is so. 45. Mr. MeVeagh.] And you found the whole of that district was affected with deposit of \,-i rying depth .'—Yes. 1.',. I think it is admitted on all hands that the lauds most seriously affected were those by Mackaytown .' - Vcs : the heaviest deposits are on this side of Mackaytown." 17. You saw Bertelsen's farm I Yes: I found a very heavy deposit over a portion of it. 48. Did you find any silt on the west of the Waihi-Paeroa Railway line?— No. I followed up 1 1,,-se waters where they had broken across there into the paddocks anddown towards the Te Aroha Railway line. 1 really w mted to see if I could associate the collection of silt at Bertelsen's paddock with .he overflow of the Ohinemuri at Mackaytown. I could find no evidence of the silt having been carried across that way. 49. The silt went up the drain to Bertelsen's farm ! —Yes. 50.- You observed how that drain was constructed with reference to the angle that the river lakes there.' Yes; it comes out just below a very sharp bend in the river. One would naturally look for an overflow at the angle at the bend of the river, but, from what I could gather, the river did not overflow its banks there. It was just awash, as indicated by the rubbish left there. 51. Did you see the remains of a flood-gate there?— Yes, at the mouth of that drain. 52. I think it was in a state of disrepair or collapse?— Yes, absolutely. 53. Did you see another drain close at hand with a flood-gate in it?— Yes, on the Kuaoiti Creek, on the road you take going down to Bertelsen's farm.

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54. I think that creek was fitted with a flood-gate? Yes. 55. Did any silt get up through lhat channel? —There was a little, whereas at Bertelsen B i here was a very heavy deposit. 56. Have you considered the influei.ee thai the willows have on the flow of these streams? -Yes. I have seen tin* effect of willow- in other streams and drains, and I have also been up the Waihou during these investigations, and seen the willows there, and also, of course, in the Ohinemuri. 57. What part do they play ?—ln my opinion 'he willows are a great source of trouble in regard to the flooding of the country ill both s. reams, and more particularly in the Waihou. The Waihou is really the main drain of a large area of country, and the growth of the willows now has very, very much restricted the sectional area of the stream. In places Ido not think there can be more than 35 ft. to 40ft. between the overhanging branches from the opposite sides. The presence of ihe willows acts in two different ways on the flow of the water : the actual area taken up by the growth of the fibrous roots and the accumulation of rubbish and banks around these roots'diminishes the size of the bed of the stream : there is also the effect of the branches hanging in the water, which retards the flow of the water. 58. That includes the twigs? —Yes. 59. What about the willows between Te Puke ami Mackaytown on the Ohinemuri? —The action there has lieen the same. 60. Would that action be more marked in the case of a river with the remarkably toiiuoiis channel that the Ohinemuri has?— Yes, it would have a greater effect there than on a fast-flowing riv6r. 61. I take it, therefore, you would advocate tin: removal of all these willows?— Yes, I certainly should, from the whole river. 62. 1 think you have a fairly intimate acquaintance with the Piako and Awaiti country?— Yes. 1 have been on the Piako in summer and winter for every season for the last eleven years with the exception of this year. 63. 1 think you know that the Waihou overflows above the Junction? —Yes. My first experience as regards the overflowing of the Waihou was in 1899. 1 went up to Morrinsville with a party, and we took a boat with us. It was a flat-bottomed boat. We came down the Piako Kiver from ihe Morrinsville Railway bridge, up the Awaiti Stream, had the boat dragged by a horse across the dry land lying between the Waihou and Awaiti, launched it into the Waihou, and came back to Paeroa that way. This was at the end of the dry period. It was the ',Ist March, and the weather had not broken in this district. The Ohinemuri River was low; there had been no ram at all to speak of. The Piako River was unusually low; 1 have never seen it as low since in all the years 1 have been on it. We had the greatest difficulty in getting the flat-bottomed punt from Morrinsville to the junction with the Waitoa. If the Piako is in flood at all you can take a launch right up to the railway-bridge. But 1 may say that on our way up in the train we noticed and remarked that in the Waihou above Te Aroha there had evidently been rain—we did not know to what extent, but we could see evidence of a fair amount of rain, and we were, of course, surprised to see that the Piako Swamp was absolutely dry. When we got to the mouth of the Awaiti, just on the south side of Keiepehi —I may say the mouth of the Awaiti Stream at that time was very much restricted by the growth of willows where it entered the Piako; it was quite a job to get the small punt through the trees—when we got there, and went up the Awaiti Stream proper, we found it was very high, and over its banks. We had to cramp up and tow the boat—we could not row it; and we were wading up to our knees along the banks. When we got up we found the Awaiti Lagoon full. We stayed the night at the Awaiti Native settlement, and one of the first questions we asked them was how it was they had all this water in the Awaiti. We were then told that the Waihou had overflowed and filled up the lagoons there. 64 Was there an overflow from the lagoons?— You will understand thai the Awaiti is a very sluggish stream, and runs through very low-lying swamp. When we got into it there was practically no trace of any current or flow in any direction. It was spread over thousands of acres. At that time I took no notice of any direction of flow. The only thing I was puzzled about at that time was .he extraordinary amount of water there when the Piako was so low. 65 Can you say whether or not the Ohinemuri was in flood at that time?—l am quite certain it was not, because when I left Waihi we had had no rain at all. As a matter of fact, we were going duck-shooting, and we took particular notice of the weather. 66. You have observed that country since frequently? —Yes. 67 Have you found an overflow from the Waihou in the direction of Awaiti?—Yes. When I gay I have found an overflow, 1 have not been there when the river was overflowing; but there is a' clearly indicated point which is known, I think, to all the engineers and those who have had anything to do with the roads round here, a little to the south of what is known as the Waitoa Swamp Una,l which is indicated on the plan. I may say the Commissioners were there, and would probably notice as the road left the stream that there was a piece of dry ground and a cutting That tongue of land runs in a northerly direction, probably averaging about half a mile from the Waihou bank, and between that river-bank and the high land there is a piece of low swamp which extends to Awaiti No. 2 Block. • 68 Where did the flood-waters that came across the left bank of the Waihou make tor !—Vt course the natural flow would be to the Piako down the Awaiti Stream : but if the Piako were m flood at all it is quire probable that these waters would be driven back across and over Netherton. The Awaiti would be backed up, and these waters would find their way out at Netherton. 69 The Chairman.] That is, the waters from the Awaiti?—Yes. —70. Not from the Waihou?—Well, the Awaiti really would be fed by the flood-waters ot the Waihou.

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71. Mr. Vickerman.] The Piako does not feed the Awaiti Lagoon at all?—I cannot say certainly. If the Piako were in flood and the Waihou were not in flood, and if there were no heavy rains immediately on the Awaiti itself, it would be only natural to assume that the water would back up from the Piako. 72. The Chairman.] Supposing the Waihou were not in flood, it is possible the Piako might be in so great flood as to back all the way up the Awaiti into the lagoon and down to Netherton? — Yes, I think possibly it might, given the Piako in high flood and no overflow from the Waihou. 73. Mr. MeVeagh.] 1 think you know there are drains flowing into the Waihou above the Junction, on the left bank of the river? —Yes, there are drains all the way up the Waihou. 74. May I take it that in flood-times the waters from the Waihou would find their way up these drains and spread around the adjoining country? —If the Waihou were flood-high aud the drains not fitted with sluice-gates or anything of the kind, the water would naturally back up. I have not seen any sluice-gates myself. 75. The Chairman.] So, assuming the Waihou to be above normal level, still the flood would be sufficient to run the water back up the drains and to flood the head-waters of the Awaiti?—lt depends altogether on where the drains might be constructed. 1 cannot say 1 have followed it up to see it, but quite probably it would. 76. In fact, there is a large stretch of flatfish land there from which the waters flow off in one ~r other direction depending on the height of the relative rivers and the rainfalls in the two districts? —That is so. 77. Mr. MeVeagh,] Do you remember coming up the Waihou below the Junction shortly after the 1907 flood? —Yes; I think it was about ten or fourteen days after the big flood in January, 1907. I was coming up the stream. 78. What was the level of the Waihou about that time? —The Waihou would be about high water. The river then would be back to normal level; there was nothing unusual in the way of Hood. There was a bank with probably a 3 ft. or 4 ft. drop along by Netherton, and over this bank there was a cascade falling from the Netherton lands. 79. What was the extent of ibis cascade?—lt would vary in depth from a few inches to a foot, and it extended quite a long distance from the creamery down towards Fisher's at different parts. 80. The Chairman] What was the effect on the big drain running out by the creamery? —I could not say 81. Mr. MeVeagh,] Have you considered the effect on swamps of draining them? —Yes. Wherever a swamp is drained the tendency, of course, is for the level of the swamp to sink as the land becomes consolidated. The difference in the level, of course, would be governed by the particular kind of swamp you are draining. 82. I lake it that means you have to pay regard to the quantity of vegetable matter that might be contained in the bed of the swamp?— Yes. What we call a peaty swamp would sink very much more than one with a lesser quantity of peat or vegetable matter. 83. We may take it that swamps in their natural condition would absorb this water and hold it for some time?—ln the natural state a swamp acts as a large sponge. The water falling on it or flowing through it takes a considerable time to get away to the adjoining rivers. Vegetation also prevents evaporation. When the swamp is drained the waters falling on the swamp and lands find their way to the drains much more quickly, and the result is that floods are likely to be more frequent and more sudden, and of a shorter duration. 84. You know something of the character of the Piako Swamp lands and of the material to be found there? — Yea. The upper portion of the Waihou watershed is practically all volcanic country, containing a great amount of pumice. These swamps and the low-lying land here have been in a large measure formed by the deposit of material brought down by the livers in ages gone by. This pumioe formation is very susceptible to erosion by the entrance of water. 85. I think you have observed that in the case of many outfall drains?— Yes; it can be seen in the drains in the upper 'Ihames watershed, where drains cut perhaps 4ft. or 6ft. or Bft. wide have been scoured in places to a chain or more in width. 86. Can you say whether or not the Netherton lands consist of country of that character? — No; Netherton would not be in the same position as that I have spoken of. The subsoil is of a stiffer nature. " 87. You took certain samples, with Mr. McArthur? —Yes. I have indicated by the numbers on that plan where the samples were taken from. 88. And the samples themselves indicate the precise spots?— Yes. SI). You also took some —the second series—with Mr. Morpeth? Acs. They were taken from .he same place, or as near as we could possibly get. 90- Does this second series of samples indicate the precise spots from which they were taken . y es 91. You were not concerned in the taking of the third series of samples?— No. 92 After the 1910 flood I think you made an examination of the country at Netherton? —Yes; I went over the Netherton district the following week, really to see what effect (he floods had had down that wav, and also to try and determine where the Hood-waters had come from. 93 Will you just state the result of your investigations there?—l heard about the overflow of the Waihou near the Ngararahi Block. I had heard ilia, .lane was an overflow there, and I wished to see if I could pick up further down where these waters would come out. I went up the drain from which sample No. 7 was taken a distance, I estimate, of 15 chains. At the mouth of that drain there was a considerable deposit of silt on the bank. My object in going up the drain wis to try and see if 1 could locate where the silt had come from -if it had come across from the Ngararahi side, as alleged, as we went up the drain the deposit became less and less. At the end of the drain there was practically no deposit at all. There was a slight deposit of scum left

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where the flood-waters had gone down, but we had difficulty in getting a sample there. I think we got some off some leaves. That was sample No. 7. So far as I could see, there were no indications of any of that having been brought across from the Ngararahi side, from where we took sample No. 2. In fact, as we went up the drain we could see by the settlement of the silt that the greater pari of it had come up the drain and was deposited on the lower side—that the waters which had been covering that ground could not have contained any great quantity of suspended matter. 94, Mr. Vii-1,1 rniaii.] These are the Waihou waters?—No; I take it they would be the joint waters. Then, just at the Netherton ferry I followed in an old tramway that runs just alongside , the road. 1 went back on that, 1 suppose, about half a mile, and there was no trace of silt in there at all. except for the Cum few chains along by the road. Then I went further down opposite Mi-. Laohlan's property, and followed in c drain towards his back boundary for some distance. There had been flood-waters on the paddocks there, but, judging by the position in which the dSbris and stuff was left in the paddocks, the How of waters there was across from somewhere about the Netherton-Te Puke ferry. There was no indication of the water having come from any back country. My mark of the light deposit stops there. 95. The Chairman.] You are of opinion that it came in on the upper side of Te Kouto Xo. I, and flowed down across the Netherton Road and across Ngahuiapouri H! \c±. !)(i. Are yon aware that we found silt all down the sides of that Netherton Road—on the Netherton Road itself and ditches?—As I explained before, I have shown where there is an appreciable deposit of silt, but still there are many other places probably where you could get t races of silt. 97. Mr. McVeagh.] Yon found no water came from the country at the back of Netherton/ So far as I could see from the investigations 1 made since the flood. 98. I take it you conclude the upper Waihou did not overflow its banks .'-That may be so. Another factor may have entered into it: I am not Mire whether the drainage operations on the Piako have relieved or increased the channel at Kerepchi. Of course any drainage-work there, or any increase in the outlet of the Piako, and ihe Awaiti where it runs into the Piako, would relieve that country very considerably. 1 understand this was to be done, but 1 have not l>een to Kerepehi, in the Piako district, for several years. I believe the mouth of the Awaiti has been opened. 99. 1 think you have considered the amount of the river-dSbris and alluvium that is carried down by "the river in the course of (he year? 1 have made some investigations. have looked up some standard authorities on the subject. As regards the Waihou, time did not permit of making any investigation of that kind at all. I mean, it would be quite useless unless a series of experiments was taken over at least a year, and. better still, a longer period, to get anything approaching accuracy. 1 have taken an approximation of material brought down by rivers in suspension-that is. apart from what may be carried along on the bed of the stream. [he authority I took this from is "Geological Processes and their Results, by Chamberlain and Salisbury. It is published in London by John Murray, and is dated 1906. They give there the result ol uxperimente carried over ten particular rivers. ... ,rv--100. The Chairman.] Have you any idea as to the size of the rivers?—it is given on page 196. 101. The authors arc Americans, 1 think i —Yes. 102 And they have dealt with large rivers like the Mississippi, which is noted for the amount of material it carries in suspension ?—Yes : but according to this list the Mississippi does not earrv anything like as much as some of the other rivers named. ' 103. Mr. McVeagh.] A great deal depends on the character of the country the river Hows through, and on the nature of the watershed? — Tes. KM From the data you have been able to secure, have you arrived at any conclusion as to the quantity of material carried down in suspension in the Ohinemuri and Waihou Rivers?— Well, taking the average of the material carried in suspension in these ten rivers mentioned, and applying it to the Waihou here, it would give 433,000 tons per annum. 105 Tht Chairman.] That is, the whole watershed to the mouth?- , » es : but calculating it In the rainfall and taking it that the average rainfall for the district is 40 in.—l cannot speak with certainty 'of what it would be over the whole district, but I think that is a conservative estimate -and takino- 1 in 1,500 as the matter in suspension, would give 1,200,000 tons. 106 Or in other words, this authority gives 1 in about 4,500, which is a third of that quantity?— One is taken from the average of the ten rivers, and 1 have taken 1 m 1,500, which is the estimate of the material carried in suspension by the Mississippi. I may say, in adopting this estimate I have taken into account the foUowing facts: The steepness of the sources of supply: tlie deforestation that has taken place in the watersheds; the artificial works in the neighbourhood of the streams, such as roads, railways, and SO forth; the amount of drainage; the character ~I the surface soil- and also the sudden and very heavy rams we are subjected to. I think, taking all these facts into consideration, 1 in 1,500 would be a very fair estimate to make. 107 Mr. MrVtagh.] The fall of the Ohinemuri from its source to Mackaytown is very steep.' Yes • practically the whole of these 90,000 acres is very steep country. 108 I think'the Waihou is of a somewhat different character?— Yes; the Waihou is not as steci. but the character of the country is lighter, and more susceptible to erosion it)!) Tlu Chairman.] Your plan is a little misleading, because you have coloured the portion below Mackaytown the same as the watershed?—My explanation shows that the watershed refers to the portion of the Ohinemuri east of Mackaytown. 1 made a distinction in the calculation as to the actual area of the watershed of Waihi. 11(1. If you had added the words " cast of Mackaytown there would have been no doubt ~!„„„ it ?_lt' would have been clearer if I had put that on the plan. 11l Mr Moresby] Have you calculated that area east of Mackaytown in the watershed ol Waihi?—Yes- the 450,000 acres includes the Ohinemuri basin. The 450,000 acres is the whole

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of the watershed of the Waihou and its tributaries from the source to the mouth. The 280,000 acres is that portion —what we call th, upper Waihou—that is. from the junction with the Ohinemuri southwards. 112. What area of the 400,000 acres comes from the west of the Waihou?—l could not say exactly. 113. Have you included any of the area on that side as being in ihe watershed? —Yes, as indicated on the plan. I have taken it pretty close to the western bank. 114. I see in some places you have taken it right into the river? —Yes, very close in. 115. 41ave you included the Rotokohu Stream?—Y'es, right up to the saddle. 116. Starting from Moananui's Flat, and coming right to Piraurahi Block, the water thai goes lhere is from the Ohinemuri? —Yes. I 17. And in flood-time that is heavily charged with slimes and tailings?—Of course, carrying a lot of suspended mailer, but continuing on further I found no deposits of tailings, and the inference was thai it was not hoavih charged. I 18. Is it lightly charged?— That I cannot say. I did not see the water there. 119. Did you see evidence of slimes alone there?— Yes, more or less; wherever flood-water r.-eedes you will find a deposit. All flood-water, no matter where it comes from, leaves liellind a certain amount of residue. 12(1. I am talking about mining slimes?— That I could not say, because I could not tell the difference between ihe mining slimes and the other. 121. You know that a Yfiy large quantity of material treated at the mills comes down in the form of slimes, and you are aware that the Grand Junction has adopted the slimes treatment ?—- Yes ; I have been told that about 75 per cent, of what is put into the river now is slimes. 122. Ninety-eight per cent, of it is from the Grand Junction, I understand? —I did not know i hen- was ,-,s great a percentage as that. 123. And 75 per cent, of the Waihi material is also slimes?—l understand that is so. 124. Do you not think that you could naturally assume that these slimes are mining slimes? I did not say I had seen slimes. I said there were slimes or deposits, but 1 could not say whether ii was slimes or not. 125. You did not test them?— No. 126. Have you tested the other material which you have indicated on this plan?—As far as 1 could judge, it was mining tailings. 127. So that we may take it that whenever you had a doubt you gave it in one way? —No; I think I have given the position as accurately as possible—l have given the actual areas that have lieci, affected—that is. to any appreciable extent. 128. The Chairman.] Have you indicated all the land where the grass was affected iii any way .'—No, certainly not, because that would include the whole area. 1211. Mr. Moresby.] You used your own discrimination in the matter.' —Yes. 130. The Chairman.] What is your definition of a material deposit?—l should say there was anything from an eighth of an inch upwards. I'll. Mr. Moresby.] I suppose you wen here when some of the farmers were giving their evidence. You know they complained that where the grass was affected with slimes it affected their cattle? —Yes. 132. Where only the grass has been affected, or there was a small coating on it in that manner, have you shown the area on this.plan? —No. 133. Why have you left out the Township of Paeroa? —It was so apparent for anybody in the township to see for themselves. I understood that the Commission was to sit here, and would see the places in the township for themselves, and on the scale of this plan it would have been impossible to show all the particular places where the slimes came in. 134. Therefore you left it out altogether?— Yes. 135. Do you think this plan fairly represents what it is supposed lo do. although you have left Paeroa out altogether?— Yes. 136. Although you have offered no explanation t,, the Commission of that up to the present l i I Yes. that is so. 137. Did you go below Te Puke ferry on the right bank past Arthur Wight's farm?—No; I nas not ashore there. 138. Do you know Robinson's land at the Waimarie Bend?— No. 139. Have you shown that that land is affected at all?— No. 140. The Chairman.] Have you been ashore on the rigid bank :,t all.' No. 141. Mr. Moresby.] And you went for the express purpose of showing what lands were affected by the silt? —The reason I did not go down on that side was lhat I had heard no complaints of the land being affected on thai side. 142. You surely knew that Robinson gave evidence in th, Warden's Court that his land was affected? —Yes, but this plan was prepared before that. 143. Several farmers have alleged that their land was affected, and your plan does not show any of that area?— That is so. 144. The Chairman.] Ihen we have to modify the description of this plan as being one that only shows the position of the land on the left-hand bank of the river below Te Puke. It shows the right-hand bank also as far as Te I'ukc and the left-hand bank below Te Puke?— Yes. I have already stated that the plan was prepared not with tin- idea of showing individual places, but in order to give a general idea of the material damage. 145. But in order to report as to what material damage had been done you must visit the country, and apparently you have not been on the right-hand bank below Te Puke?— That is so. 146. Are there any other portions you want to deduct from this plan?—On the Netherton side I was not along the whole of the bank of the river there.

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147. Mr. Moresby.] So that in that area you may have left out a large amount of land that has been affected?— Yes, 1 could not say it is not. I IS. 1 understand from you that you have not visited ihe river or inspected the river at a time of Hood or immediately afterwards?— No. I I!). So that you cannot say whether tailings or mining debris or other silt does go up the Waihou River during flood-time?— No. . 150. I think your plan shows that the land up the Waihou River on the left-hand bank is affected as far as the Ngararahi Block?— Yes. 151 Have you formed any opinion as to the amount of tailings on the left-hand bank ot the AVaihou?—l think that came across probably from the bend below where the dredging company is putting up its plant; it conies across that peninsula. I could not say that it has gone up the Waihou. , 152. You would not contradict the observations of those who have made an examination and followed it up ?—No, I could not. 153 Captain Adlam refers to this matter in his evidence before the Mines Committee. You would not contradict a man who has observed the position himself, and who has been on the river for over twenty years?—l have shown that it goes there, but I am not sure how it gets there. 154. With regard to the rainfall in Waihi, you said there were only two rain-gauges in Waihi I Yes 155. You are taking the amount of water registered by one gauge as falling over the whole district?—No, lam discounting it by a third. I take 10 in. instead of 14 in. 156. Over a watershed of 90,000 acres?— Yes. 157 You are supposing in this case that 10 in. fell over the whole watershed ?—Yes ISS. I think you have heard that very little rain fell in Paeroa at that time?—l heard that, comparatively speaking, there was little rain. 159 \,,ii ,„,( m ,u-h at. Karangahake and Mackaytown?—l did not actually hear that. 160 But the rain at Waihi appears to have been very, very heavy?— Yes, phenomenal. 161 You consider that you are putting the position fairly when you put the fall at 10 in. over this large area?— Yes: it is only an estimate, but 1 think it is a fair estimate There is a portion of the watershed towards the coast where I think probably the rainfall would be heavier than in Waihi. v . . . 162. Would not half of the rain falling on those hills flow towards the const ?—Yes, but that is not included in my estimate. . 163 Y T ou have seen the effect of willows in other streams and drains? —Yes. 164. Have you seen willows in other streams and drains — streams that contain mining-silt? No 165. Have you noticed the difference between river-silt and mining-silt in the Waihou and the Ohinemuri ?—ln the upper Waihou there is no mining-silt. 166 Have you noticed how mining-sill acts on the willows, and have you noticed how a combination of the two silts acts?—l have not taken any particular notice of the difference. 167. Have you noticed the willows in the Waihou and the willows in the river after its junction with the Ohinemuri? —Yes. 168. Have you noticed how the silt affects those willows?— Yes. 169 The willows cause the banks to silt up?— Yes. 170. You do not see the banks of silt in the Waihou as you do lower down?— You do not get such large banks. . 171 And the deposits do not pinch the rive: mso much?—No, although in the upper Waihou the river is very much restricted, as you can see. 172 But you can sec the water running through the willows in the upper Waihou?—Yes. 17.-', The '''I,airman.] Do you say thai wherever mining-silt is present the effect of the willows is to form a bank, but where there is ordinary river-silt, as in the upper Waihou, the willows do not necessarily form a bank?—l think the willows there would form a bank in any case, but the bank is more marked in the case of mining-silt. 174 Mr Moresby.] Take Thorp's Bend: have you observed the depth of tailings on the bank—the encroachment that has taken place between the original bank and the bank that is i here now?—l have never taken any measurements of fliem. It is only what 1 can see. I 75. Mr. Metcalfe estimates them as 30 ft. on each side : are you prepared to say he is wrong? —No. , ... 176. I take it that you agree with him in that?—l have made no investigation. 177. About this overflow in the Waihou River : I think you told us that it overflows just behind the old Waitoa Swamp Road?— Yes; the Awaiti Stream runs almost up to that road. Have you seen the waters of the Waihou cross over into the water of the big lagoon of the Awaiti Stream?—No, I have never been on the river when ii was actually overflowing, but I have been on the lagoon. 179. Mr. Tunks.] I think I understood you to say that the first place you noticed the river break across was at Moananui's Flat? —Yes. 180. Did that involve the Rotokohu Swamp?—lt would go over the low-lying block of 1,500 acres, the Otamaurunganui Block, but 1 could not say how that block would be affected. 181. What about the oilier block, Tapuihurukehi. adjoining? I could not say for certain whether that would be included in that low-lying land. I am not quite sure where the foothills come in there. My impression is that all that country along the Te Aroha Road until you get to the farms in the Rotokohu (huge is all wry low-lying and is subject to flood-water. 182. Do you happen to know whether any previous floods have gone across in that direction? —T believe so.' I think the 1907 flood went across, and 1 think the 1908 flood also.

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183. Mr. Hanna.] You have been many years in this district?—Y'es, fourteen years. 1.84. You know the Ohinemuri River well?—Y'es, the whole of it. 185. Have you ever taken any soundings in the river? —No. 186. You also know the Waihou River?— Yes. 187. In the lower portions of the Waihou River 1 think the current is much faster than in the lower portions of the Ohinemuri River, just before you com,, to the Junction! Yes, from Mackaytown down to the Junction the Ohinemuri lliver is very sluggish, but the Waihou River keeps a fair current. 188. Where they meet at the Junction a bank has been formed?— Yes. 189. Is that bank a predisposing cause to the floods that take place?— Anything in ihe nature of a bank there would in a certain measure increase the liability to flood. 190. I suppose, considering that the tide operates also 'against the current there, it is a natural thing for banks to form jus. about there?— Yes; I think you always find when- two rivers i i like that it is natural to find a bank formed. 191. Have you considered any scheme by which this Hooding could be lessened considerably? I have not gone into the question, as to actual figures, or anything of that kind, but I have come io some conclusions of my own as regards prevention as far as possible. 192. One scheme has been read to the Commission, and that scheme propounded, amongst other things, the putting ~f a cut across Pereniki's Bend?—l saw that report. 193. Do you consider that a feasible proposition ? —My own opinion is that it would not be effective. Il would be effective, I think, as regards clearing the tailings and deposits that are in the upper reaches of ihe Ohinemuri, but 1 an, afraid that it would simple put them on to that place opposite the Junction Wharf. It would simply shift the tailings mil ol Ihe bed of the river and put them a little further down. 191. It would put them down in the navigable part of the river.' Yes, and on the lands in lhat peninsula. I think it would scour out the upper portion her,., and deposit them a little further down. 195. Is the putting-in of a cut like that any part of Ihe scheme you have thought of?— Not putting a cut there. 196. Will you tell us what your scheme is?—As regards the Waihou river itself, I think one of the most important things is the removal of the willows. The river is the natural drain of the country, and (he willows are, I think, to a great extent blocking the waters, and I think one of the first things to do is the removal of the willows. 197. Principally in the upper Waihou River?— Yes; and then there are the alternative cuts suggested. 198. Supposing the deposits in the river are taken away at the rate of 500 tons a day.'—That would make a ver\ considerable change in the river. There is a long stretch of Ihe river which appears lo me to be a natural settling-bed I'm- anything coming down the river from .Mackaytown and tin- Hats. In the stretch I have referred to it is practically still water. Only the heavier stuff would be deposited in the bed of the river, and if it was found advisable that the tailings should be taken out of the lied of the river—more especially the coarser sands- I think it woithl be the best place to take them out down here. It could be done much cheaper than in attempting to handle them at the batteries. 199. The Chairman.] Ws understand that very little coarse tailings is going in there now? I refer to the tailings already there, and that percentage, whatever it may be, of coarser stuff that is going i n at the present time. 200. Even though it is only 3 per cent, of the whole?—l think if it is only 3 per cent, there is no necessity to deal with it at all. 201. If it is necessary to deal with the 3 per cent, you think it would be wiser to let Ihe 3 per cent, find its way into the river and try lo pick n up here?— Most certainly. If it is to be lifted out for future treatment, those who are lifting it out would, be able to deal with it much cheaper here 'ban at the oilier end, because I hey have got lo handle it in any case: they will be able to deal with it cheaper than the person who is getting nothing out of it." 202. Mr. Hanna.] What we have to deal with is what is in the river at the present moment. There is no means of dealing with the sand in the river now. Is there any means of dealing with it except by dredging it or removing it from the bed of the river?—No, I do not think so. 203. In your opinion would tl,,- operations ~f dredging l>e beneficial or otherwise?—] certainly think they would be beneficial. 204. Even though the company did not commence their operations, something would have to be done by somebody else to clear the river .' -Yes, I think this portion of the river would have to be cleared. 205. You know the extraction company has got claims to several miles of river-bed? Yes. 206. You know Ihe extraction company has got a site on the Pararahi Mock. If the suggested en. were put in, what effect would that have upon their operations?—] think it would be very injurious. I think if the cut were made the scour would char away most of the sands from here, and deposit them lower down. The con,], any would lose that material. 207. Would not the effect of that cut l>e to take a lot of water out of this bend? Yes. and ihere would be a tendency to silt up. 208. The How of water being taken away, would not that interfere seriously with their operations?—l suppose it would. Under certain circumstances I think the eul at Pereniki's Bend would relieve the Paeroa 4'ownship \,yy considerably—that is, provided you clear the stream right out, and there is no other stuff being put in and deposited a little lower down. If there are no more tailings coming down I would suggest that cut, but if the tailings continue to come down I think this place at Pereniki's Bend would be the simplest place to take them out. I am speakintr

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of sands or anything that is likely to settle there. If the mining companies alter their system and nothing but slimes is sent down, and if it is shown that slimes will be carried beyond that point, there would be no danger of filling up at all, and 1 would suggest that the cut be made. As far as the slimes are concerned, I do not pretend to be able to give you any opinion. 209. You have not taken samples from that portion of the river, and you know nothing about them ?—That is so. 210. Mr. Mueller.] In addition to the mining tailings or slimes, is there not a lot of natural debris that comes down: would not that settle?—As long as there is material coming down it is liable to settle, and it would tend to raise the bottom of the river. 21 I. This cut Sit Pereniki's Bend would cut off some three miles and a half of the river? —Yes. 212. In that three miles and a half is there not a wry large deposit ~f tailings?—Y'es. 213. If you put in that cut, will the stuff not go down through the cut?—lt would draw the stuff for a considerable distance at the top of the cut. 214. Would not a big portion of the three miles and a half of deposit lie left in the old bed of the river? —Yes, about two-thirds of it, I should say. 215. You said that it would be more easy and better to take 1 the tailings out of the river— that is, future tailings—than take them out at the batteries, or just before it is put into the river: h,,w do you explain that it would be cheaper? Because all the works of the batteries have been so arranged that the discharge from the works goes right down practically on to the river. The whole of .hose arrangements would have to be altered. 216. You think that the est of altering the batteries would be greater than the cost of treating the tailings down below? —That is my opinion ; but I have not gone into figures. 217. Ihe dredging would have to be continued as long as the coarser stuff was put in?— Yes. There would be a constant charge at the other end. getting rid of the stuff, when the batteries were tdtered at the other end. 218. Supposing the extraction company were to take the stuff straight from the battery, would not that be cheaper than dredging down here/—I do not think so, but I have not gone into the figures. 219. As to the island at the mouth of the Waihou and Ohinemuri, you said that is a natural island? —I did not say it is a natural island. 1 said that at the junction of rivers it is natural to find an island. 220. You were in Te Aroha just after the last March flood? —Yes. 221. Did you notice that the Waihou at Te Aroha was not in a high flood?—It was not in a high flood. It was in flood, but not unusually high. 222. You say that the willows in the upper Waihou restricted the sectional area of the river? —Yes. 223. I suppose you will admit that the sectional area of the lower Waihou has been restricted both by the willows 'and by the silt ?—Yes, to a great extent. 224. That restriction you would consider would have the effect of making a greater liability to flood ?—Yes. 225. You referred to a trip you made, and that you towed your boat up the Awaiti Stream: h,,w was it that you towed the boat if the stream was in flood? —Because it was more convenient than rowing, owing to the tortuous route, and there was practically no flow at all. 226. You knew that the Ohinemuri River was not in flood at that time?— Yes. 227. But evidently there was a flood in the Waihou? —Yes. 228. Could not the Waitawheta and Mangakino have been in flood then without you knowing it ? —No, I do not think so. 229. You stated that when lands were drained you considered that the floods would become more frequent and more sudden and of shorter duration? —That is so. 230. Has not the experience of the last flood been that they have lioen of longer duration?—l do not think so. 231. Do you not remember ihe II I of 190, !- Yes, but that was a phenomena] flood over the whole of the province, and there was then an inland sea for miles. 232. Do you remember the flood of September last year, when the Netherton lands were covered for a week i Was that a phenomenal Hood !—lt- was not a phenomenal flood in other places. The water was coming to Netherton from the Awaiti side. 233. Were you in the Netherton district in September, 1909?- -No. 234. You do not know when- the water came from? —No. 235. You stated that the land at Netherton was of a stiff; r nature than the swampy peat land? —I said that the land of the swamps there was of a stiffer nature than the land in the upper country: there is not so much pumice. The Netherton land would not sink so much as peaty 236. You said you went up a drain 15 chains ; which drain was that?— That was just below McKee's —below the Native reserve opposite Thorp's orchard. 237 How did the silt you found there come into that property, in your opinion ?—Principally up the drain and from the bank from the Paeroa side. 1 wen. up that stream to see if T could find out where the waters were overflowing from Ngararahi. 238. Were they not flowing from the left bank of the Waihou ?—Yes. and for that reason 1 went to try and find out if possible where the waters came from. 239 In that 90,000 acres of watershed, can you give us the area of bush that has been felled? —I should estimate it at 4,000 or 5.000 acres—that is, round Waihi and Waikino. 240. There has been very little bushfelling within that watershed'—There would probably be another thousand acres at Waitekauri.

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241. You know that the flood of 1907 did a tremendous amount of damage in this district? —Yes. 242. And you know that subsequent floods have done damage also?—Y'es. 243. You heard the evidence given by the fanners at the present Commission?— Yes. 244. You are not prepared to contradict thai evidence?— No. 245. And you think something should be done to remedy the evil ? —I do. 246. Mr. MeVeagh.] With regard to the rainfall: you'know the Tauranga Road ?—Yes. 247. I think there were bridges washed away on that road? —Yes. 248. How far is that from the centre of Waihi?—About 7 miles. 249. That is on the other watershed?— Yes, flowing into the Katikati Harbour. 250. Mr. Vickerman.] In regard to the cut at Pereniki's Bend, there would be no difficulty in retaining the whole of the three miles and a half of tailings that has been referred to?— No. 251. The Chairman.] Practically the whole of the tailings in that three miles and a half could be retained?— Yes. 252. And the velocity of the river could be improved very considerably.' — Yes. 253. And the probable effect of that velocity being increased would be to reduce the risk of Hood? —Yes, in the Paeroa district. 254. And the extraction company would not be in any way damaged, because the water would be let in in sufficient quantity to meet their requirements?—The three miles and a half would not be affected. William Henky Mandeno examined. (No. 56.) 1. Mr. MeVeagh.] What position do you hold?—I have acted as Engineer of the Waipa County Council for the last thirteen years. 2. Y r ou have streams and rivers in that county in which willows are growing?— Yes, several. 3. There are the Waipa, Mangapiko, and Mangaohoe Rivers?— Yes; two of them are badly infested at the present time. 4. With respect to the Waipa: some years ago that was a navigable river? —Yes, it is still a navigable river, but the navigation is vi'iy much impeded compared with what was formerly the case. 5. Is it used by steamers now to anything like the extent that il used to be?—No; it is used to a very small extent even by the settlers living on its banks. 6. How do those willows affect the river when it is in flood?— They cause a backing-up of the waters, the effect of which is that the floods rise much higher now than they used to rise. 7. I think you have noted that result from the way the waters have reached the bridges in the county .'—Yes, particularly the big flood of 1907. 8. I think that flood was very general in your county?— Yes, it did a great deal of damage. In the case of the Waipa Biver, the Whatiwhatihoe Bridge was submerged. That bridge was built some twenty years ago. It was built 5 ft. above the highest known flood. The Te Rori Bridge, built some twenty-four years ago. was supposed to be Bft. above any known previous flood. 9. How high did the water rise at the Te Rori Bridge .' -To the deck of the bridge. 10. With regard to the Mangapiko Biver, 1 think that flows for a large part of its course through flat swampy country?—lt is a comparatively small stream, and the adjacent land is very low-lying. The willows are growing.right across the stream from side to side. 11. That, I take it, is putting back the waters of the stream? —Yes, and the consequence is that much property adjacent to the stream has depreciated in value, and the settlers have felt the effect so keenly that a proposal is al present on foot to create a Drainage Board for the purpose of clearing the stream. The petition in favour of that has been very generally signed, and I believe that a Drainage Board will be formed in the near future. Of course that means that the trouble is so serious that the settlers are prepared to tax themselves to deal with it. 12. The Mangaohoe flows through flat swampy country?— Yes, the position there is very similar to the Mangapiko, but in the case of the Mangaohoe the trouble has already liecn dealt with. 13. 'Ihe trouble is that the river was infested with willows?— Completely so. 14. What result had that on the immediately adjacent land? —The result has been that something like 2,000 acres of land which was practically valueless has been turned into some of the best dairying land in the Waikato. That has resulted from the removal of the willows. 15. I think Mr. North undertook their removal?—He was Chairman of the Drainage Board. There was a Drainage Board formed, representing the whole watershed of the Mangaohoe—an area of about 6,000 acres. 16. Do you know what length of stream was cleared I—] should say about four miles. 17. Do you know to what extent that reduced the height of the flood-waters? —Yes; I have a very good means of knowing. I should say that the average level of the river has been reduced by about 7 ft.—that is, properties adjacent to the river have gain d that amount of fall. 18. Y r ou have observed the effect of draining the country —that is, after a heavy rainfall? — Yes. principally during the flood of 1907, the results were very apparent. A large amount of drainage had been done in various parts of the county, and thai caused the Hood waters to comedown SO rapidly that, in many cases, bridges and culverts which had always proved sufficient previously could not take the waters, and in some cases they were swept away. 19. Mr. North, Chairman of the Drainage Board, will be able to give us the cost of tho clearing of the willows? Yes. The amount borrowed by the Board was £1,000. I think rather more than that has been expended. 20. Mr. Hanna.] During your operations did you ever put in any big drain or cut in connection with the river? —No. we have never had to do so.

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21. Has anybody in the district done so/—Yes, a cut, or a sort of canal. In order to increase the fall they cut off a number of bends SO as to shorten the outlet and increase the fall. 22. What has been the result? —The result was disastrous in that case owing to the composition of the subsoil; damage was done by the scouring that took place. So much so, that expense had to be incurred in undoing the work that had been previously done. The cut was filled in again, and the original outlet was reverted to. 23. Mr. Mueller.] What was the depth of the Mangaohoe Stream before the willows were cleared out .'—l could not say. In some places it Would be of considerable depth—as much as 20 ft.—and in other places the willows crossed right across the stream, and there was practically no channel at all. 24. It was only in a few places, where there were holes, that there was considerable depth? Yes. 25. In other places the willows choked up the stream completely?— Yes. 26. After you cleared out Ihe willows I suppose you cleared out the bed of the stream a bit? —Yes. With regard to the work on the Mangaohoe Stream, another witness will give you evidence. At the same time 1 saw the work in progress, and I know the work was largely done by the scour of the river itself. 27. It was hind of such a nature that it could be scoured away/ —fi was the fibrous debris accumulated amongst the roots that was carried away. The bed of the river is no deeper than it was originally. It has perhaps not yd gone back to the original banks. 28. If the river had not itself helped to clear its own bed it would have had to be assisted by some shovelling-out ?—Yes. 29. Mr. Vickerman.] You spoke of cutting a channel and shortening some bends: in what river was that?—lt was not a river. It was the best outlet obtainable to drain certain land that the Ohaupo Drainage Board undertook to drain. 30. The silt in that case was Waikato silt.'- Il was a kind of pumice sand. 31. That is the reason that it did not answer?— Yes. William North examined. (No. 57.) 1. Mr. MeVeagh.] You are Chairman of the Mangaohoe Drainage Board? — Yes. 2. You have had a great deal of experience in the destruction of willows?— Yes. 3. Mr. Mandeno has stated the effect of willows in connection with the flooding of certain lands in the Waipa County?— Yes. 4. I believe there was a difficulty in draining the land in consequence?— Yes. When I first knew the Mangaohoe Stream it was a good drain for the country; but the growth of willows—joining across the river in places —caused a scries of dams, and the consequence was the overflowing of the adjoining land. 5. J understand that before you addressed yourself to the task of destroying the willows a drain was constructed/ That was on my own farm. 1 bought a farm about the year 1883. At that time the drains ran pretty freely into the Mangaohoe, and on my property there was a milldam. I opened the mill-dam, and put drains through it info the Mangaohoe, with a small fall. That was in 1886. By 1890 1 had lost all that fall, and the land that I had drained became of no value. 6. To what do you attribute the loss of the fall/—The filling-up of the river by willows. 7. And the consequent silting-up of the bed? —Yes. 1 had t,> look around and see what 1 could do. 1. drained my land twice. On the second occasion I got about a 5 ft. fall, and for five years 1 had (Ik- use of my land ; but it got worse year by year. By the end of five years the willows below the outlet had risen a foot a year—that is, sft. -and the water then set back up the drain [ had dug, and destroyed the land again. By that time we had formed this Drainage Board. We formed the Drainage Board for the purpose of dealing with this nuisance. S. Will you describe how the Drainage Board proceeded to deal with the nuisance?— Yes; after we formed the Board we took a poll for the purpose of raising a loan, but it was not carried owing to the absentee vote. 9. And the law was altered / -Yes. as a. result of a visit paid to the district by Mr. Seddon. We then succeeded in what we desired, and we then proceeded to work. Previous to that time I had been experimenting with my own place to see what would kill the willows. It was just previous to that that 1 discovered the stuff that 1 have patented, called " Noxine." We got a loan of £1,000, and dealt with the four miles of willows. We struck a rate each year to keep up the maintenance. The only money we spent on the work was the £1,000 and the rate we have since struck. [Exhibit No. 45 read.J 10. You proceeded to destroy the willows, and you succeeded?— Yes. I may tell you that the root of the willow dies the first winter after the application. After Christinas we found to be the best time to do the work. The following spring if you examine the fibre you find that it is all dead —like rotten hay. The river being choked with timber as well as with fibre, we had to cut a channel 10 ft. wide right through the length of the four miles. We removed the fallen trees and pulled the fibre out. It came away just like farmyard manure. It was the third year we started the opening-out business. 11. What was the result upon the level of the water in the stream/—The upper reach was 9ft., and at the end where my drain entered it was about 5 ft. lower than formerly, and at the bridge it was just 7 ft. lower. 12. What area of country have you been able to drain as a result of this method of treatment? —Approximately 6,000 acres was dealt with, but tibout 2,000 acres has been really benefited. There are three degrees of benefit—direct benefit, less direct, and indirect. That is the classification under the Drainage Ac.

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13. The area directly benefited, according to your classification, was what .'-1 should think tIOoIIT OjUUU ftCl'cs. 1-4. Can you convey any notion of the cost ~f these operations/-- Yes; I went throtmh our -"i.ite-book. and I found that for killing- the trees and taking out all the underscrub, which was mainly a lot oi young willows -we had to take out the underscrub and remove it to dry land so as to get rid of It, because ,f it was left where it was i, would start growing again ,1 cost about £60 a mile to lake that out and to ringbark and poison the trees. The greatest cost was cutting tne timber out. & 15. Sixty pounds a mile for both sides of the st ream/---Yes. 16. Mr. Myers.] The work you did brought the river back to its bed?— Yes ,f, ''■ * ou l,ls " s l"';' k V l ' s ""V v, "' k done at Otorchanga? Yes; that was done at the instance ol the Government ; the Survey Department had it in hand. _ 18. 1 think, at Otorohanga there was a bank of debris, sand. ,Vc. collected?— There was a fringe along the bank. The ivillows wen- on the sides of the stream, and they had thrown out an apron of fibre, and that had collected i/ibris of all sorts a it Bft. or !) ft wide and some of U reached up to very nearly the top of the bank. ' ' 19. How was that debris collected/—By the tl Is bringing it down. 20. And it was collected by the willows/—Yes. 21. I think your process was used upon those trees'- Yes 22. With good effect?— Yes. YJt S;f "IT , ' ,JSUIt/ | T J 'Y k "» ,""» i' "*» done perfectly. This was done after Ihe New oo< ri i i,"i " aS n ° thlDg d T the s "■"" ,, year - h had **** overlooked the second yearL 909. Ihev should have gone over the ground to see that everything was in order, and to takeup the young shoots that grow, because even wind that blows brings down small pieces, and they float »way and grow, and „ you leave .hem for a couple of years you have to CUt then, down. The result was that the treatment and operations were a perfect success 24. Do you know of any willows at Hangatlki tha. were poisoned wit), your " Noxine " f— —They might have been. ' ' 25. I have here a letter bearing on this subject [Exhibit No. 46]?— Yes 26. Have you had a look at the willows ,„, the banks of the river near Paeroa that were treated according to your method/ -Yes. A request was made to me for a gallon of " Noxine "to m -L an experiment on the willows here. I have seen the trees. The result, 1 think, has been perfect in its way. because ,t was only done ill August last-that was not the proper time -but as far as il has gone it is a complete success. r e 27. You say that as far as it has gone it has been successful?— Yes. What has been done is quite sufficient, there are a few shoots coming out, but thai is owing „, the manner in which th ® !T k *" ■?' J°\ 0U , " ,, ,0 ou< ***> the wood, but into the outer bark only If you cut into the tree it only absorbs the poison into the wood, and (hat is no, needed. It wants to be on he inner bark. he cut has been made deep in the wood. 1, would have been more successful it onh the bark had been taken oft. He has cut up about 4 ft. in some places. I, could have been -ut down l„ within IS in of the bottom. I was told by the person who did the work tha. he ha" QOt been paid because the shoots are there. J said, " Never mind the shoots/ We examined he roots, and they are like a bit of hay. The erosion of the bank sin,,- the las, fl | is apparent I ...ii referring to .he sand that IS collected on the bank. The fibre has released its hold on the old formation that was there, because the fibre is dead, and the river has begun its work 28. From experience can you say whether Ihe use of -Noxine" upm, .he willows generally on these streams would l>e beneficial ?— Undoubtedly. 29. Leaving out •• Noxine " altogether, and having regard to your experience, do you think the destruction ol willows ,„ these rivers would be beneficial?— Yea, decidedly. 1 think the primary cause ol the trouble is the willows, because the obstruction they make would allow the water' lo get miles down the river when there is a Hood ~n. whereas it cannot get away. 30. Is there not a difference between the weeping willow and the straight willow with reeard to the ease m- difficulty with which you can destroy them ?— Yes. * 31. Which is the easier to destroy ?-We found that the "weeper" is the quickest to kill. and the other willow is the hardest, but both die all the s-ame. 32. Mr. Mueller.] You say that the beet time to do this work is after December' Yes It is just as good if you start at any other time, only, as a rule, the streams are low then, ami you can bark them lower down. ' 33. How long would it take that application to kill the willow, supposing i, were ~c il, Januarj or February ' -Some of them will die the next year, and some will linger „„ till the second year, but they all succumb before the third year is out; that is, if everything has been i,r„,,erlv done, as directed in my leaflet of instructions. ' l 34. So to thoroughly eradicate the willows will take three vears?—No; it kills the roots the first year. The tree dies upwards. If you examine the trees you will find that the under-part is dead, and then the tree dies upwards. The tree is kept alive for a time by the sap it holds | 35. It will take about three years for that to be completed?— Yes ; I say three years because it happened lo be three years when we let off the water. 36. During that three years is there any improvement in the running of the water? Yes decidedly. ' 37. At Mangaohoe you cleared the willows first, and cut the channel 10 ft. wide in the third year ?—Yes. 38. So that you had to kill the trees first, and then clear the channel to give the water a chance to gel away / - Yes.

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39 So that it was four years after you started with the willows that you got the full benefit of the improvement.'--We have our river' now wide enough. 1 suppose it is about -",5 ft. or 40ft. wide. , „ , .... , 10. How long has that taken to clear out the 40ft. from the start of your killing operations.' — I think that would be about five years after 41. Mr. Flatman.] What would be the cost of killing the trees per mile—trees such as those ~n the Waihou River?- Sixtj pounds a mile it est us for that. Of course, 1 have never been on the Waihou. 1 have not seen the underscrub. 42. The Chairman.] What would In- the cost per mile of killing and clearing the trees m the neighbourhood of Paeroa?—l do not think it would cost that much. 13. Did you make a charge for your material to the Board, or did you give it free? —Ihe Board paid for it. 1 was not selling any stuff then. The material is put on with a paint-brush, so that a drum goes a long way. Humphrey B. Devekeux examined. (No. 58.) 1. Mr. MeVeagh.] You are a fellow of the Royal Meteorological Society /—Yes. 2. And you have a meteorological station at Waihi? —Yes. 3. You have been conducting meteorological observations at Waihi for how many years/ — Since September, 1898. 4. You have prepared a table showing the monthly rainfall at Waihi extending over the whole of that peiiod? —Yes. [Exhibit No. 47.] 5. What is the mean annual average over that period?—B3s in. G. 1 think that is regarded as a heavy rainfall?— Yes, it is a very heavy rainfall, indeed. 7. You have also prepared another statement showing the days ~f rain since the commencement of your record? —Yes. 8. On the 29th -March, 1910, the rainfall was 1215 in., and on the 30th March it was 3-31 in. —a total of 15-46 in. for those two days/—That is so. 9. For a portion of those two days you had a phenomenal rainfall?—We had :we had 12-15 in. in twelve and a half hours' continuous rain, or 14 in. in sixteen hours' continuous rain. 10. Have you ever had such a record of rainfall since you have made observations in Waihi? No. 11. The Chairman.] What is the form of your gauge/—The ordinary o in. gauge, exposed in the usual way in accordance with the standard rules. There are no trees. It is on a gently sloping bit of grass land. 12. had to measure every hour?—l was outside all night. On the night ol .he 29th March, between 6.30 p.m. and 10.15 p.m., there was D 94 in. ; between 10.15 p.m. and midnight, 244 in., equivalent to a rate of D 4 in. per hour. Now we come to the climax: From midnight to I a.m., 2-19 in., equivalent to 219 in. per hour; from 1 a.m. on the 30th to 4 a.m., 3*83 in., equivalent to 127 in, per hour: from 4 a.m. to 7 a.m., D 75 in., equivalent to a rale of DSB in. per hour. It was 097 in. per hour, uniform rate, in twelve hours and a half. 13. Mr. MeVeagh.] Your record for live mouths is equal to that of Auckland for the whole year? —Yes. On the 3rd July, 1909, we also had an exceptional rate of rainfall —643 in. in eight hours and a half ; 145 in. fell in thirty minutes. There were also floods then. 14. The Chairman.] 1 observe that in January, 1907, you had an exceptionally heavy rain(all1 —Yes, 21J in. in nine days in Waihi—nine consecutive days' rain. 15. Mr. MeVeagh.] In addition to recording the rainfall I think you make it your duty to observe natural meteorological phenomena ? —Yes. 16. And you are familiar with the principles of forecasting the weather as applied to New Zealand, and particularly as applied to your own district? —Yes. 17. I think-vou have made a prominent feature of the study of the topographical features of your district in so far as they affect its climatology?— That is so. 18. Your records show that you have in Waihi remarkably heavy rainfalls in very short periods of time?— Yes. 19. How do you account for that / -4 here are two-factors —one, the remarkable topographical features of the Waihi district, and tin- moisture-ladeii easterly winds meeting a high and very abruptly rising cast-line. In fact, it is the first obstruction they meet in their journey across ihe Pacific. The range runs very nearh al right angles to their course. The second factor is its position as regards those tropical storms that approach from the Pacific. They are well-known factors in the meteorology of the Dominion. Then it is a well-known fact that the denudation of the hills really has more bearing on the flooding than the rainfall itself. 20. The 'Chairman.] Where there is bush you have the rain generally deposited more gently than where there is bare land /—Yes, I believe that is so. 21. You mentioned that there was a rain-gauge at Katikati : what did il show?—B*7 in. 22. And how many miles is that from you?— Five miles, bee-line. 2:i. What relation',!,, ihe observations at that station bear to your own?- Have you examined them? Yes. 1',,,- many years, and with few exceptions they have been considerably smaller than Waihi. 24. Where is the nearest gauge on this watershed? —At Turua. 25. What are the results then- compared with your own?—] made mil a statement showing the rainfall at various stations in tin- north-east district—Waihi, Athenree, Tauranga. Turua, and Auckland. The reason I chose those stations was because they all have a north-east aspect. The first three are on the same aspect —Waihi, Athenree, and Tauranga : At Turua the rainfall is approximately only about 50 per cent, of thai of Waihi. It is about the same rainfall as Auck-

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land. In March last we had 1944 in., with a maximum of I 215 in. on the 29th. Turua had only 4*87 in. 1,,r the month, with a maximum of D 52 in. on the 30th. In January, 1907 the returns were : Waihi, 24"9 in. for the month; and Turua, 1176 in. _ 26. If there were an observatory at Paeroa—which there ought to be—probably the observations would be very close to what you got at Turua .'-Yes. 27. So that, taking this watershed of 90,000 acres, one ought to cut out of it the area of low-lying land on this side of the hills?— Yes, theoretically, one should, I suppose „2 8 - In the abxencf of actual observations, and as a result of analogy, one would say that the 90,000 acres ought to be very much reduced, and the area taken by Mr. Haszard sl Id be reduced by taking Iron, n the area ol low-lying country on this side of the gorge/ Yes 29. It should be reduced to some extent?— Yes, but what Ido not know: ' I an, not an engineer. B 30 Mr. Moresby.] I understand that the floods at Paeroa occurred in th,- morning?—l have heard that the maximum occurred about 8 a.m. 31. I ana told that at Waitekauri, only four or five miles bee-line from Waihi. that the river did not flood until the afternoon?—! do not know anything about that. 32. Mr. Mueller.] Can you explain why the rati, has been so much heavier at Waihi in the last few years than previously?— Because we have had an abnormal number of tropical cyclones during that time. r J 33 Does that apply to the January 1907 flood? That was a double-centre cyclone—all over the Auckland Province. Thomas Gilmoub examined. (No. 59.) 1. Mr. MeVeagh.] Your name is Thomas Gilmour, and you reside in Waihi now'—Yes 2. Y T ou lived it the Thames from 1869 to 1891 ?—Yes. 3. It was in the last-mentioned year that you came to Waihi? Yes. 4. I think you are well acquainted with tiie Waihi. Paeroa, and Thames districts /—Yes •>• Wha< (i " you know of Paeroa as regards floods?—] remember the flood in 1881 I was at le Aroha, and when I came down, Paeroa was partly under water. Before Igo any further I may say that I made a statement before the Mines Committee of the House in 1907 and I can only confirm what I stated then. 6. In thai evidence you speak of two distinct floods in Paeroa. one in 188] and one in 1883? —Yes. 7. You know t, great deal about mining at the Thames? -Yes. 8. You know where the tailings were deposited from the batteries that were working at the Ihames?—For a long time the tailings were delivered on to ihe beach, and some lime after when the people commenced to see lhat (lay were doing harm, a retaining-wall was put up ' Thai retaining-wall did not take in the dSbris from Karaka and Tararu. The batteries there discharged mi to the beach. 9. Do you remember the construction of the railway-line from Paeroa to Waihi ?—Yes. 10. Do you know that the excavated material was flung into the Ohinemuri River?— Yes every bit of it. 11. Including the stuff taken from the tunnel? —Yes. 12. What was the height of that material at ihe Crow,, Mine/—The pile was up to the trafficbridge. 13. And how far out into the stream did it extend?—! could not exactly say about half-way I should think. 14. What has happened to till that material now/—lt has all gone down the river. There is a little remnant lying there yet, but the body of it has gone down. 15. What was done with the mullock from the drive in the Talisman and Woodstock Mines?— I cannot say. / 16. Mr. Vickerman.] The whole of the tunnel ran into about 30,000 yards, and that is not onetwentieth part of what is being put into the river every year now. I do not think any more need lx- said here about the railway stuff. It has been brought up a good many ii sat this inquiry, yet the amount of material was very small compared with the amount of stuff that is being put into the river now?—lt would not wash down ;it consisted mostly of boulders. The Chairman: The whole amount, allowing for banks and everything, would not equal what is being put in the river now in one month. Alexander Aitkin examined. (No. 60.) 1. Mr. MeVeagh.] You were the engineer for the Kumara Water-race for sixteen years? Yes. 2. And you were also Engineer to the Thames County Council when Ohinemuri formed part of the Thames County?— Yes. 3. You know a great deal, I think, about hydraulics?—l have had a good deal of experience. 4. And you have known the Ohinemuri River I'm- a good many years/ Yes. for thirty years. 1 used often to go up and down the river. 5. At that time there were very few willows here? —Very few 6. What effect would the willows have upon the stream .'—lt would retard the flow. 7. You would recommend, I suppose, the removal of the willows?—The removal of the willows would make the Ohinemuri Biver carry within its banks a wry great deal more water: in fact. my opinion is that it would carry double the quantity of water it carries now. 8. Recently you know something about the flooding of the laud round about Paeroa?—! have seen a good deal of land about Paeroa flooded thirty years ago,

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9. Was that from an overflow of the Ohinemuri River?— Yes, and it was always worse when the Waihou River was in flood at the same time. ~.•*. T j 10 You know that large areas of land have been drained in the upper Waihou district f—l do. 11. What would lie the effect of those operations upon the rainfall?—The water would get into ihe river more quickly. _ „,„... ~ . ... x . 12. You know the general class of country in that portion of the Waihou district thai has been drained? —Yes, both the upper and lower Waihou. 13. How would that In- affected by the erosion caused by the drams?—A very large quantity of silt is brought into the river from those drains, and especially from the outlets. 14 I think some of those drains become large as time passes .'-Thirty years ago 1 saw one of the first drains cut through some bank at the back of the Waihou, and in a short time it had SCOUred out a place that would take a •■ Dreadnought " in nearly. That was above Te Aroha, on the opposite side from the township. 15 You know something about the discharge of tailings on to the Thames foreshore?— Yes. 16. Was there a large quantity discharged thaie in the early days?— Yes, a large quantity, but not so much as the mines now are putting into the river. 17. The effect of that would be, 1 suppose, to silt up the Thames foreshore /-- It did silt up a large portion of it. . IS 1//- Hanna.] I think you were Government Inspector on the West (oast, at haimara!— I had charge of all the water-races on the West Coast in the neighbourhood of Kuiuara and Waimea. 19. And you had full facilities for seeing how they operate?— Yes. 20. How'hmg have v,m been in the Government employ altogether?— Out of about forty years I have been about thirteen or fourteen years with the County Council, and the remainder with the Government. I constructed the Thames Water-race. 21. Did you t struct any works in Paeroa ?—Y'es, a dam for the Waihi County. 22. Have you had anything to do with any ~f tl„- bridges ,m the Ohinemuri River?— Yes, I put up most of them between here and the Thames and between lien- and Waihi. 23 You know all about Paeroa and ihe Ohinemuri thoroughly /—Fairly well. 24. What is the nature of the land here?— All alluvial about Paeroa and on the banks of the Waihou. . „ 25. Is there much fall in the Ohinemuri from Mackaytown down to the Junction I—X rom a little lielnw Mackavtown down to the Junction there is very little fall about 3 in. to the mile, I should think. And .he same with the Waihou River: 1 do not think it has got more than 3 in. to 26. You know that portion of the river from a little below Mackaytown to a little beyond Pereniki's Bend : it is a great deal silted UP, and there are a lot of tailings there?— Yes. 27. You know where Pereniki's Bend is.'- Yes. 28 We have had a report put before the Commission in which it is suggest,-,1 that, m order to oarry ,he fl l-water off, a cut should be put iii at Pereniki's Bend to meet the Ohinemuri River above the Junction. FWitness was shown the plan attached to Mr. Metcalfe's report, with one of tin- suggested cuts. I What do you think would be the effect of that i -I do not think it would have the effect .hat is stated in the report. , _ 2(). Why?—l have heard that the report states that there is a difference of I tt. 9 in. 1 shoubl like to know at what state of the tide the levels were taken. 30. The Chairman.] Do you think that sometimes the tide is higher at the Junction than it is at Pereniki's Bend?— Yes. 'I do not see why it should not be. lam not aware how they took these levels. „ 31. Mr. Hanna.] I believe that Mr. Bray, the County Engineer, stated that there was a difference of I ft. 9 in. water-level? —Yes, but at what stale of the tide? Mr. Brail (County Engineer): At the time the levels were taken it was dead low water. Witness- That would' give the- very largest amount of fall it would be possible to get. At other times there would be no fall at all. I think before anything of that sort is done the levels should be taken at all states of the tide for two tides one man taking the levels at the Bend, and another a. the Junction. I do not see how you can get at it without doing so. 32 Mr Hanna.] That out is about a quarter of a mile in length? Yes, 25 chains. 33 We will show that there is a difference of 1 ft. 9 in. in the levels at dead low water?— When the river began to work upon that the fall would be distributed right through up to Mackaytown It would not continue to have that fall in that part of the river. 34. I understand you to say that tin- actual fall would taper off from Mackavtown right away down?— Yes. certainly it would. , 35 So that the fall would oiilv Ik- a temporary fall until the cut was put in?— Yes, until the river got its proper bed. I think that interference with the natural course of rivers is a dangerous 36. I suppose it is not a wise thing to interfere with nature if yon can help it?—As a rule 18 37. A large quantity of tailings would be affected by that cut: would it carry the tailings down? —It would earrv down a large portion of them. 38 What would happen to them?— They would lodge in the river just below. 39 With what result?—To a certain extent they would block the river down below—very little below where that is coming in now. I think the river is pretty well blocked now at the Junction 40. And would that extra fall help to scour the river out at the Junction ?—( ertainly not. 1 do not think it would. +„„„ui^ II . Can I take it that in your opinion the effect of that cut would be to accentuate the Double at the Junction? —It would accentuate the trouble there,

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42. Why do you say that»—Because it would fill up the river-bed. If it cannot clear away the stuff at the Junction, a larga addition to that would be no benefit. 43. A large addition of tailings, silt, or what ?—lt would be tailings this time. 44. What do you mean by " tailings "—coarse sand or finely ground stuff?—A portion of the tailings that are filling up the Ohinemuri now. 45. What do they consist of—coarse particles or fine stuff?— Much coarser than they are putting out of the mines now. 46. Do you regard this long tortuous channel as somewhat of a natural depository for the matter that comes down Ihe river?—lt must be, because we have no evidence of the river having flowed anywhere else. When changes have taken place in a river-bed they generally leave some marks. There is no evidence of that here. 47. I think you know that the extraction company is erecting a plant down here? —Yes. 48. Do you know that they have got river claims right up'close to Mackavtown ?— I understand so. 49. And intend treating all the tailings in the river?— Yes. 50. Taking that company alone, if this proposed cut were put in, what would lie the effect upon this portion of the river as far as they are concerned? What would be the effect upon their operations in that pari of the river?— There would be no more tailings go down the river round the bend. I know they are going to grind the tailings very much finer than at the present moment. The finer the tailings are ground, the more the water will take away, and the easier it will be to take it away. 51. What will the effect of this cut be upon the tailings between Pereniki's Bend and Mackaytown ?—lt would take a portion of them away. I believe it would take a considerable portion away. 52. Supposing this cut. instead of being an absolute cut, were only made a sort of stormwater channel to carry off the surplus water, would the erosion deepen and widen it?— Yes, it would tend to deepen and widen. 53. Assuming that that cut is put in in the way Mr. Metcalfe suggests, will it have the effect of diminishing the flow of water round here?— Undoubtedly it will. 54. And will the diminishing of that water have any effect, in your opinion, upon the operations of the extraction company? —They will require plenty of water! 55. Therefore I can take it that in your opinion the effect of that cut would be detrimental to the extraction company in two ways—first, by carrying away a portion of their tailings from Mackaytown down, and. secondly, by diminishing the water round there, which is absolutely necessary for them to work their plant with?—lt would ; but it would never clear that part of the river of tailings entirely. 56. Assuming that the Railway Wharf is used, would this cut have any effect upon it continuing to be used?— Only for the difference in distance I think it would be just about the same as now. 57. lhat is, supposing you could navigate the cut?— Yes. 58. If that cut is put in, you say the effect of that, in your opinion, will be to cause the river at the Junction to shallow more than it is now?— Yes. 59. Will not that shallowing affect the navigation of the river from the cut upwards?— Certainly it would. 60. And would it affect the Waihou Biver?—lt would affect the Waihou also. 61. And it would affect the navigation of the Waihou up to Te Aroha?—lt would. The bank at the Junction does that now. 62. Mr. Mueller.] You stated that the willows, in your opinion, have a great effect in impeding the flow of the water? —Yes. 63. I take it that you also consider that the tailings that are in the Ohinemuri at the present time impede the flow of the water?—The tailings lessen the sectional area of the river to some extent, but the willows are doing as much damage as the tailings, I believe. 64. I gather from you that you are in favour of clearing away the willows/ —I an, not in favour ~f anything, but I think it would improve the thing to clear the willows. 65. In your opinion, it would improve matters to eh>ar away the willows?— Undoubtedly. I have tested the matter, and know what it will do. 66. In your opinion, it would improve matters if the tailings were cleared out of the river? — Undoubtedly it would. 67. Anything that will tend to improve the flow of the river will lessen the liability to flooding I —You may improve this part of the river and destroy another part. lis. But if you take the tailings out of the river it will improve matters?— Yes. (19. And if you shorten the flow of th.- river -that is, give it a quicker run-off —it will improve matters also?—I do not know that it would. 70. It would do no damage?— They made an alteration at the Junction once by putting a groin in, and, instead of improving it, it was the reverse. 71. Did it shorten the run?—lt did not lengthen it. I freely admit that shortening the run would improve the river in one place, but the cost might be more than the improvement would be worth. 72. But apart from the cost altogether?— But that must be taken into consideration. 73. You are of opinion that if such a cut were made it would sweep off only a small portion ~f the tailings—the reason being, I presume, that only a small portion is in the bed of the river? — I should say that most of it would be in the bottom of the river. The portion on the banks is largely due to the willows and vegetation. 74. Mr. Vickerman.] You have had experience of forcing tailings through pipes?—l have seen a-j 1 deal of it.

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75. Will you tell us the result of your experience?—lt can be done, but I should want to know exactly what was wanted to be done before I culd say whether it would act or not. 76 The Chairman.] Have you had experience of where ihe water has been laden will, silt I have seen stones up to 8 in. in' diameter go right up the pipe simply from the jet of water: but one would want to know the proportion of tailings and water, and the quantity, before one could give any proper opinion on a thing of that sort : but i, can be done. 77' It is feasible.' —It is done all over the world. 78. Do you advise lifting lire stuff perpendicularly, and then letting il run down a flume? Yes 79. What is your experience of the life of wooden flumes with tailings running through them ' —I could not tell you the life of one with tailings. SO. Mr. Myers.] What is the nature of the tailings that you have seen carried through pipesl —Sand, gravel, and boulder. 81 Do you mean natural product or milled product?— Natural product. 82. May I take it that you have never seen milled product carried through pipes 11, that way? -Yes, 1 have seen it at Reef ton. 83. How crushed? —By stampers. 84. To what degree of fineness?—At least 40-mesh. 85. Carried for what distance?— They were pumped up by a centrifugal pump 100 yards. 86. That is all you have seen?— That is all 1 remember at the present moment. 'Ihe stuff I saw pumped up Was really concentrates the very heaviest material they save. 87 What was the fail in that 100 yards?—l suppose 20 ft. or 30 ft. 88. Do you know anything about the cos, /-The thing seemed to be working with very little wear-and-tear, so far as I knew. _ 81) Over what period did you have an opportunity of inspecting that work/ Not over any long period. It was a casual visit. It had been working for months before I went there, and was working for months after I left. 1.0. But you saw it only casually?— Yes, that is all.

Paeroa, Wbdnesoat, Ist June, 1910. Mr. Mueller: I wish at this stage lo put in a report that came to hand yesterday from Mr. J A* Pond. It has been mentioned previously during the inquiry. Several samples from the river were taken up to Mr. Pond for analysis. He has analysed them, and also examined them microscopically, and compared them with a sample of pumice sand obtained from a wash-out carried into the Waihou near Okoroire. 1 now propose to hand in his report for the information of the Commission [Exhibit No. 48.] The samples which are numbered in his report are the samples which Mr. Hubbard deposed that he took in company with Mr. Buchanan ,„, the 4th April last. The position from which these samples were taken is not fully mentioned in Mr. Pond * report, but 1 have put in in pencil in his report the corresponding place according to Mr. Hubbard's'evidence. I have now also the prints of these photos which have been referred to. and I now hand them in [Exhibit No. 49]. These have been printed by the amateurs who took them previously, and in fairness to them I wish to say these are not a sample of their usual work. They have been hurriedly printed off, and will probably last four or six months, but not foi ever. These are prints of the photos that are referred to in the report of the Mines Committee, with one or two additional prints. There are one or two or these to which 1 would specially draw attention. One is a photo of the Waihou two miles up from the Junction, in flood, showing the water overflowing the left-hand bank. There are also two photos—one taken in 1900 of the Railway Wharf al Paeroa, and the other in 1907 showing the difference in the water-level. I may say the particulars of each photo are written on the back, and signed by the party who took the photo. slating that tin- negative has not been retouched. The last one of the wharf in 1907 was taken at as low water as possible, because il was taken for the purpose of showing the silt-depnsit in the river, which could not have la-en shown if the tide had risen at all. We ,1,, not know at what time of the tide Ihe 1900 photo was taken; but, even presuming that happened to be taken above low water, the 1907 photo shows a higher level according to the bridge and Railway Wharf. The 1900 photo was a phot,, simply of the steamer lying at the wharf. I have that from Mr. Kenny. who was the person who took most of these. There are forty-three photos altogether. Mr. Myers.- Mr. Chairman and gentlemen,— I understand from my friends at the table that when the Commission originally sat in Auckland it was arranged that if counsel desired they would have an opportunity, after all the evidence had lieen taken, of addresing the Commission. That being so, I do not 'consider it necessary at this stage to in any way attempt to analyst—though i, may be necessary briefly to refer to' it here and there—the evidence which has been given up lo the present time. I propose in the address that I have to make this morning to deal with the subject-matter int., which the Commission has to inquire in a somewhat general way, leaving matters of detail to Ik- spoken to by the witnesses and to lie commented upon, if necessary, at a later Stage ill Auckland after all the evidence has been taken. Perhaps 1 ought to say that if, after th,- evidence has been taken, it appears to the Commission to be desirable that a visit should Iknia ,l,, ~, the batteries of the various companies here that my friend Mr. Tunks and I represent, the managers of the companies and their officers will be- only too pleased to show the Commissioners round the batteries and wuks of the different companies, and to afford the fullest opportunity of inspecting anything that the Commissioners may desire lo inspect. I know that in dealing with the matters which this Commission has to inquire into the Commission will endeavour to deal in

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Mil equitable manner. I know that this Commission is in no way bound by strictly legal principles or by the strict legal position, but in order to ascertain what the equitable position is it is also necessary to refer to the legal position and to ascertain what that is, and it is also necessary to refer to the history of the subject-matter of this inquiry. As the Commission knows, the Proclamation which was made proclaiming the Waihou and Ohinemuri Rivers sludge-channels was made on the 25th March, 1895, and it was made under a section of the then existing Mining Act which appears now in section 126 of the Consolidated Mining Act, 1908. 1 refer the Commission to the provisions of that section-—namely, "That on application made to him in that behalf by any person, the Governor, in his discretion, may from time to iime by Proclamation constitute and set apart the whole or any part of any watercourse, whether the same is within or outside any district, to be a watercourse into which may be discharged any tailings, dibris, and waste water produced by or resulting from mining operations carried on under this Act, and in which, or on the banks of which, mining operations may be lawfully carried on." It will be important to know that the words arc. "tailings, dibris, and waste water"—thai is to gay, that tailings are distinguished from dibris. That is a point which 1 shall have to refer to more particularly at a later stage, hut at the present moment lam simply drawing attention to it. Now, section 12C and the subsequent sections also make provision for the compensation of "every person who at the date of the gazetting of the Proclamation is the owner of any estate or interest in land on which Mich watercourse exists, and whose land or riparian or other rights as such may l>e damaged or injuriously affected by reason of the operation of such Proclamation." That is section 130. Now, mi the case of the Proclamation of the Waihou and Ohinemuri Rivers no compensation was claimed by anybody; and the result is that the claims to compensation are barred. That is to say, the persons whose lights may have been affected, or whose land may have been injuriously affected, not having made their claims within the time limited by the Mining Act, lost their right to claim altogether. Now, why was it that no compensation was claimed in 1895 J I suggest that there were several reasons. I suggest, first of all, that no compensation was claimed partly because the extent of the probable damage was not then realized. Hut 1 suggest further that that was not the determining factor in the minds of the residents in this district at that time; I suggest that at that time the land in this neighbourhood was of comparatively little value, and that the claims which would have been made based upon the value of the land and the interests of those concerned at that time could only have been very small. But there is another reason beyond that, and I suggest that the chief reason why no claims were made at that time was that the fanners saw the value to them of the development of the mining industry, and they saw an exceedingly good market for their produce. Since then the conditions, no doubt, have changed : but what we have to do in looking at the history and the legal position is to ascertain what the position was in 1895, because the position of matters in 1895 has a good deal to do witli the equitable position at the present time. There is just one other point in connection with the compensation question that I want to make, ami that is this: that if compensation had been claimed and had become payable to the farmers in [895, ivrvy penny of that compensation would have been payable by the Government of the Dominion. And that brings me to this point : that the Legislature of this country has recognized, and still by its legislation recognizes, the importance of the mining industry; and it recognizes that it is necessary, and has been necessary, I'm- the State to foster the mining industry; and it recognizes that it is necessary, and has been necessary, for the State to foster the mining industry at the expense of paying compensation, conceivable in some cases to a very large amount, to persons who may be injured by the issue of such Proclamations as this. As I have said, no compensation was ever claimed, and in due course the Proclamation was issued on the 25th March, IS!)-"). And what happened then.' The mining companies proceeded forthwith to work on a very large scale on the faith of what? On the faith of this Proclamation. They proceeded to erect plants suitable for working their mines in accordance with the terms of this Proclamation. They proceeded to spend hundreds of thousands of pounds upon the development of their claims, and ia some cases it is well known that the people who put their money into mines have lost every sixpence they put in. In a number of cases, however, the properties have been developed—as I say, hundreds of thousands of pounds have been spent —and the country has received the benefit of that expenditure. And my point now is this : that but for the right to deposit tailings and dibris in these rivers the major part —I do not say the whole of it-— the major part of the work that has been done would have been absolutely impossible of performance. What have been the results of the mining industry in this district? In the first place it has resulted in the employment of I am not exaggerating when 1 say some thousands of men directly. 1 understand that at the present time there air certainly not fewer than 2.r>00 men —there may be more—who are employed in these mines. That means that with the miners and their wives and families, a very great number of people are dependent on the mining industry in this district. That is only direct employment. The number of men up here that these mines indirectly give employment to it is absolutely im- : ossible to estimate, but obviously they must be a very large number. The development of these mines has also resulted in the recovering of large quantities of gold, adding to the wealth of the Dominion; it has resulted in the building of the railway in this district ; it has resulted in the construction of a network of roads: it has resulted in the inhabitants of this district being given a fine daily steamer service on the river: and it has resulted in the development of the country generally. Ido not say that these things would not have happened in the fullness of time, but I do say that the\ have all been accelerated by many, many years in consequence of the development of the mining industry here. And I say further, and 'l want to emphasize, that the mining industry in this district could not have been developed as it has been if it had not been for this Proclamation in 1895. My next point is this : that the Proclamation has o-iven the mining industry a vested light to put their tailings, and dibris, and waste water from the mines into the river; and 1 respectfully submit that the Government have recognized that in the terms of the commission under which you gentlemen are sitting. 1 refer to paragraph 3of the matters into

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which the Commission has to inquire—namely, " What, if any, remedial measures can be adopted without injury to any other persons, corporations, or interests." Now, 1 submit that these words, " without injury to any other persons, corporations, or interests," are the keynote of this whole inquiry. And it is quite conceivable that there are several reasons which would affect the minds of His Excellency's Advisers in so framing that particular clause of the commission. In the lirst place, the Government must recognize the great importance of the mining industry. Secondly, il no doubt knows and recognizes that a large amount of capital, both English and New Zealand capital, has been devoted to the development of that industry, and in some cases has been lost, or partially lost. Thirdly, it must know and recognize that there is an enormous amount of capital—a good deal of it English capital —invested in the mining industry at the present day. The Chairman: What is that different from secondly? .1//-. Myers: A good deal of it has Ik-cii already lost. However, probably they may be put together. The next point is that the Government knows thai the mining companies have acted on the faith of this Proclamation; and the next point that 1 make is that any interference with the existing conditions that would mean crippling or hampering the mining industry would seriously affect the credit of this Dominion. I referred a little while ago to the provisions of section 126 of the Mining Act, and I pointed out the distinction drawn between tailings and debris. 1 want to point out to the Commission one thing that may have escaped notice, and that is this : thai if this Proclamation should be revoked one result would be m certain cases—there is no necessity why 1 should mention the names of companies—the cessation of a large amount of further develop-ment-work. I say that for this reason : that there is absolutely no place in which the owners of these properties can place their debris, as distinguished from tailings, except the river. That one observation —and it cannot be disputed, because it is indisputable—is sufficient to show how careful it is necessary to be in dealing with any suggestion thai this Proclamation should be revoked. But lam going to show other reasons, and more solid reasons even than the one I have just urged. It is known that the ore which is treated in this district is mostly low-grade, and it is known that the margin of profit in working that ore is exceedingly small. As lam instructed, and as it will be shown by the evidence of most competent men, any different method of treating the ore or of dealing with the refuse makes all the difference between a profit and a loss. This ore can only be worked even at that small margin of profit by bringing the cost down to a minimum, and it is at least safe to say, so 1 am instructed, that if these companies cannot put their refuse into the river, but have to adopt any other means which would add expense to the working of their mines, enormous quantities of low-grade ore, on which at present there is but a very small margin or profit, would have to be abandoned and remain in the mines. That would mean that it would in all probability remain in the mines for all time, and never be worked, because n would not pay under any circumstances to work that low-grade ore by itself. Now, what would that mean? It would mean most likely reducing the life of every one of the mines in this district. It would do more than that. It would make impossible—l am referring to the revocation of the Proclamation —the development of possibly valuable mines in the district which up to the present time have not been touched or discovered, but which might be discovered in the future. In talking of matters of this kind to business and practical men, it is unnecessary, and indeed undesirable from many points of view, to dilate upon that aspect of the matter upon which I have been address ing myself for the last few moments. It is sufficient to add that if this Proclamation were revoked, two or three of the companies at present employing from six to seven hundred men would be extremely seriously affected, and one at least would have to absolutely close down. These are some ~f the factors which in the interests of the parties whom I represent it is essential to bring before the Commission. That the deposit of tailings during the last fifteen years has resulted in some damage to certain portions of the district I am not going to deny. The Chairman: You specifically mentioned tailings. Do you mean tailings and debris, or debris alone? Mr. Myers: Probably both; it is very difficult to separate one from the other. The Chairman: It is an important matter to try and separate them, and to bring evidence to t iy and separate them. Mr. Myers.- It is impossible, I am afraid. The Chairman : Then 1 am to take it you mean tailings and debris/ Mr. Myers: Yes. That some damage has been caused is not denied. The damage was inevitable from the outset. It seems to me, speaking as a layman, absurd to contend that a mass of stuff could be sent down the river .of the class which was sent down, at all events for a number of years after this Proclamation first took effect, without causing some damage to somebody, But what I say is that that damage should have been foreseen by tin- persons likely to be affected, and should have been compensated for, and would have been sompensated for by tin- Government under the provisions of the then existing Mining Act. I may say at this stage that whatever damage has arisen has not all been done by tic operations of i}n' existing companies. There have Ik-cii, as some of the Commissioners at all events, if not all. will know, a number of other companies, some of them now defunct, from time to time operating in this district, which con,],allies have east into the river a very large quantity of tailings and debris. I come, in dealing with this aspect of the matter, to a consideration of how the damage has been caused, and whal the results have been. And 1 may lie permitted perhaps to preface what I have to sa\ at this point by suggesting that a great deal of damage has been attributed to this silt and deliris for which it has never been responsible. And I propose first of all to clear away these allegations in which 1 submit there is no validity whatever. One allegation of damage for which an attempt has l H . c .n made to make this silt responsible is the alleged damage to the lishing industry at the Thames. I venture to say that no tribunal, whether a strictly legal tribunal or a tribunal such as that of which this Commission consists, ever heard such arrant nonsense in support of a contention as that which was

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given at the Thames lasi Saturday; and 1 am afraid I am not able to treat seriously the allegations made there. A number of men oome forward with a view to showing that their fisheries have been damaged : and what is the result of their evidence I The net result is that, notwithstanding this .silt which they say has been coming down, the number of boats engaged ii, the fishing industry has increased several-fold apparently; the number of men has correspondingly increased; the number of fish apparently has also correspondingly increased. Two of the men'who are engaged in the fishing industry have .luring the last few years, notwithstanding this trouble that they saw Looming ahead of them (.so they say), erected freezing-works. Mr. Mitcheteon: They have jumped from fishermen to capitalists. Mr. Myens: Yes. One man who was called—Taylor, if I remember rightly, says that his business has increased largely, and I was very glad to hear from him that his profits had proportionately increased. What can be said, in the face of evidence of thai kind, of such a contention as that which these people have sought to raise? Some of them said the Dumber of dead fish had also increased, and in examination by the Chairman one gentleman said these dead Ssh did not appear at all emaciated. Well, for the life of me I cannot understand how even any flounder could be s<, silly us to remain in a locality where the food had all been destroyed, when it would be s<. easy to swim a little way down the river and obtain plenty of food at other suitable places. The real reason I suggest for the mortality that has occurred amongst these fish is that some fishermen liave not been as well looked after by their employers as they might have been, an.l in consequence they have gone to sleep when they ought to have been awake, and have neglected their nets Indeed, one fisherman did not hesitate to give that as the reason. Well, my submission in regard '" •' videnoeou this point is that the whole of the evidence negatives the allegation which these people al the Thames have eought to maintain. The second class of damage to which I desire to refer is the alleged silting of the bed of the lower Waihou, and the reason I give is this: that it such silting exists it has not been caused by the mining tailings al all. I would point out that there is no evidence up to the present time to show that any substantial quantity of tailings has been found in the bed of the lower Waihou. Indeed, J am" m.t sure that anj evidenoe has been called to show the presence of any tailings at all definitely in the bed of that" river. There maj lie some accumulations upon the banks of that river, but apparently none of this silt is to be found or has been found in the bed. And if the bed of that river has silted up at all, we say it has been caused not by these mining tailings at all, but by sand and detritus which have been brought down by the upper Waihou and by the drains leading into it. I understood on Monday from a remark made by one of the Commissioners that you had all had an opportunity on Sunday last of seeing a dram that has been referred to, I think, as Roaches drain, and also the drain which has been referred to as the drain leading from the Hungahunga Swamp. ] do not think 1 am exaggerating when ] say that this drain, which was originally a small ordinary class of drain, is now a river about 100 ft. wide and 25 ft. deep, and that these conditions extend fur something over a mile. And, (he same class of thing has been going on, though perhaps not to the same extent, so I am instructed, practically the whole length of the upper Waihou. Now, the raising of the bed of the river is in no way peculiar to this district or to these particular streams. It lias happened, as you gentlemen will know, in various parto of New Zealand where there are no mines and no miningsilt at all. May I refer now to a statement from a newspaper which 1 myself saw some lime ago, and which 1 have been able to get since I have been here. This is a report of a statement taken from the Hawke't Bay Herald, and made by Mr. G. P. Donnelly, a well-known settler in the Hawke's Bay District. It is as follows : " According to a statement made by Mr. <i. P. Donnelly at the meeting of the Jlawke's Bay County Council," says the Herald, " the river question is graduall) assuming a very serious aspect in this district. At Omahu Mr. Donnelly said the bed of the river had risen over 20 ft. within the last twenty-tive years, and in the course of time it would reach the level of the banks. Where the water would then go no one could tell. The same thing, he said. was taking place all over the river districts, and was a grave menace to the rich low-lying country.' Again: "The willow nuisance is evidently as flourishing in the Northern Wairoa as it is in the Ohinemuri River down Paeroa way. The tributaries are almost blocked to boats, and in flood--time the surrounding country (like Paeroa) is under water. At Mangakahia some .£.">oo has been spent in felling the willow-tree and improving navigation. The Waikato is in a similar condition ; but neither in the Waikato not Wairoa is there gold duty or silt. Where these two exist the willow evil is forgotten, the gold duty being the objective, and the silt the lever whereby it is hoped to dislodge the golden treasure." And that last paragraph brings me to the damage which we say lias been caused by the presence of the willows in these rivers, and to which I propose to refer. The third class of damage; to which reference has been made is the flooding at Netherton. Ido not propose to enlarge upon that, but what I do submit is this: that the evidence that has been called on all sides up to the present time shows conclusively that the flooding is caused by the upper Waihou flooding, and not by the Ohinemuri, and that consequently if cannot fie seriously suggested that the damage by flooding at Netherton is in any way caused or is attributable to this silt difficulty. Now, having disposed as far as I propose to do at this stage of this class of damage. I ■ propose to turn to the damage which we admit has been caused by the silt. The damage which has been caused by the silt has been done, we say, to the Ohinemuri, and we say that that has been affected to some extent by deposits in the bed of the river, and more particularly by accumulations on the banks of the river, which in flood-time are carried over and upon parts of the surrounding country. But, so far as both these results are concerned. I want to add this: First of all, even in the Ohinemuri the difficulty, so far as the bed is concerned, has been largely assisted by natural detritus, and consequently I want to say that whatever damage has been done to the Ohinemuri in the way of these accumulations has been done prior to. say, the last five wars. Tlir Chairman : You say there has been no damage in the last live years. Mr. Myers: None, or practically none. Ido not say that there has not been damage done to the surrounding country : but that has been by the Hoods.

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The Chairman: You mean there has been practically no damage done by the material brought down in the last five years. Mr. Myeiv: You understand me to mean "by material discharged from the batteries and mines during ihe last live years." 1 want to say this also: ilia! the damage that has happened fr 1895 could have been and should have been very much lessened if the settlers had not, b\ their own negligence, contributed to the damage. Mr. Moresby: You say it has been contributed to by the settlers/ Mr. Myers: Yes. certainly. 1 say that the settlers could have done a great deal to mitigate this evil by attending to the willows and preventing their growth and accumulation. Ihere are statutory provisions in regard lo this question to which 1 desire to refer. In the first place, there are the provisions of the River Boards Acl (consolidated), 1908. section 77, which provides that ■The Board may order the occupier, or in case there is no occupier, then the owner, of any land on the bank of any river or stream within its jurisdiction to remove any tree, shrub, or bush, or any part thereof, hanging in the water and impeding the free flow thereof, or ~, lower or trim any part of a tree, shrub, or bush overhanging a river or stream and likely to fall therein. The Chairman: Is that a general power over Native as well as European land? Mr. Myers: -1 am not prepared to answer that question at once, but I will look it up and answer you later on. But, at all events, there was power which Ihe Board was entitled to exercise, and my point is, that the settlers were able to help themselves if they had been disposed to do it. I am not blaming ihe County Council as a River Board for not doing a lot of work which might have been done, because the'answer of the County Council, no doubt, is that it had not the funds with which to do the work. But I do say that the County Council might have called on the settlers to do something, and the settlers might and should have been pre],are,l to help themselves 1,, some extent. There are also provisions ill the Public Works Acl. 1908, sections lo and 1,9. which enable a local authority—and that includes a County Council—to remove weeds, refuse, and so on. The Chairman: So the County Council could have trenched ~n the functions ol the River Board, and thus done it. Mr. Ml/ers: Yes: there is no question they could have done it. The Chairman: They could have expended their funds on works which as a River Board they had no funds to do. ~,,.- , , i_.ii/. Mr Myers: Yes And then there is another statute t,, which I mvite the study ~t the Commissioners, and lhat is the Drainage Act. 1908: and I desire to make a reference to a few ol the sections of that Act. In Part 111, section 60 provides that " local authority shall include t,unity Council Section 61 provides that " Every local authority not within a drainage district .. - - shall have, and may, in regard to the cleansing, repairing, or otherwise maintaining ol watercourses or drains, exercise, the powers exercised by Boards under Part I hereof. It may be that these provisions of the hand Drainage Act arc not applicable, because there is a River Board in tne district but I have no knowledge as to when this County Council was constituted a biver Hoard- but in any ease it is not material for luy present argument. What 1 want to show is that there was ample power which would have enabled these residents in this district to prevent this evil from becoming what it is now alleged to be. Section 17 of the Land Drainage Act empowers the Board to ■ Cleanse, repair, or ot he, wise maintain in a due state of efficiency any existing watercourse or outfall for water, either within or beyond the district." Sect.,,., 26 provides that ■ Every person, not being authorized for that purpose by the Board, who, without the consent of the Board, makes any branch drain into any watercourse or drain vested in the.Board or under its management, or without such consent stops „r obstructs any such last-mentioned watercourse ,„- drain, is liable for every such offence to a fine not exceeding thirty pounds; and the board may cause such branch dram to be remade as it thinks tit. and all expenses incurred thereby shall be ,e,,aid to the Board by the person making such branch drain, and may be recovered before any Justice in a summary way." The Chairman : That is more honour, ,1 in the breach. Mr Myers: It certainly looks like it, and that emphasizes the point lam making. these settlers did'not help themselves, but, on the contrary, have done everything to make the position worse They have brought injury „n themselves, because some of these drams. I understand, have ,l„„e a considerable amount of harm. Under section 27 " The Board may at any time give written notice to the occupier or owner of any land to remove any tree or part thereoi tha in the opinio „!■ the Board is likely by falling or otherwise to obstruct or damage any dram vested in tin Board or under its management." Then, section 62 provides that " Where there is any watercourse o, ~ vihin or beyond the district of a local authority, and i.s construe,,,,,, ,s likely ,o cause ~„.„. t0 any property in such district, the local authority may order the occupier, or tth c rHo occupier, the owner, of any land on the banks of such watercourse „,- dram within the is ict withi, c mile beyond the boundary of the district, to remove iron, such watercourse iird, ai'n all weeds or other growths or refuse and obstructions of any kind calculated to impede the free How of water in the said watercourse or dram. c , tf w •/■/„- Chairman: 'Ihe effect of that .night be that the local authority ,„ whose district a sot.l, lives may order him to do one thing, and the adjoining local authority may order him to do ~ totally different thing. :«„-.! Mr Moresby: Under that Act could we order you to remove the tailings. .1//-. Myers: Certainly not. That is not the point. Mr Moresby •ft seems to me that is the very point. Mr I ers -'perhaps that is a very g 1 thing for us. If the County Council had that power Ido not believe they would exercise i..'because I honestly believe and shall be very surprised , h■ do not admit it afterwards-that they do not want this river Proclamation to be revoked. I „ , a hey would be satisfied-and I hope we shall get them to say so a, a later stage-Wlth

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remedial measures in the river itself. That is a point I will come to later. I believe a remedy will be found which will be a remedy that I hope will satisfy the County Council. Then we have section 63, which is of some importance, and lhat is the section which enables ihe settlers to help themselves: •• Where any rale],aver within the district of a local authority, by notice in writing requests the local authority to exercise the powers conferred by the last preceding section by ordering any specified owner or occupier of land ~, remove from any specified watercourse or drain all weeds ami other growth or refuse and obstructions of any kind, and for the spa,-,- of twenty-eight days after the receipt ol .1,,- notice the local authority fails to comply therewith, then ti,<- following provisions shall apply, ' and so on. Then there is section 66. which provides "In those parts of a county in which a Drainage Board or River Board does not have jurisdiction the County Council shall remove from all watercourses all obstructions; weeds, growth, and refuse calculated to impede the free flow of water in any watercourse within the said parts of the county " And sect,,,,, 89 provides that "Where any Native land is required to be taken for the purposes ?L»n ;o tBkeD by the Governor u»d«r Parts II and 111 of the Public Works Act 4.108 (2.) Native lands rateable under any Act for the time being in force relating to rating shall be rateable for the purposes of this Act. (3.) Subject to the ~revisions of this section this Acl .applies to all Native lands. ' So that the Commissioners will see that under thai tot the Natives can be called upon. The Chairman: How far is lhat Act overridden by the mining claims/ Is it possible for the County Council to start with a dredge, and remove the material lying in the Ohinemuri. and sell it io the extraction company/ Mr. Myers: \ think that is a question Mr. Hanna should answer. If I had anything lo do with the county I should probably take a pretty firm stand. The silt is worth a considerable number of shillings per ton, and it may pay the County Council to improve the river by selling the silt. Mr. Cotter: lam informed that the County Council removed some gravel from the bed of the river for use on the roads, and lhat immediately one of the settlers started proceedings and recovered damages against the County Council for doing so in this very Court. I may say the whole matter of. the ownership of the bed of the river litis been a seething 'matter of discontent, and wherever the County Council puts its foot, then some settler says " You should not." Mr. Myers: \ am obliged to Mr. Cotter, because he has emphasized mv point that the settlers are not prepared to help themselves: and the only consolation I have been able to draw from a number of witnesses is that they do not charge the growth of the willows against the mining companies or the Government. The next question I come to, and it is an important one, is~ this: What is the remedy for the trouble which exists? 1 preface what 1 have to say on that'point by saving that while we do not think it devolves upon us to evolve a remedy, inasmuch as we have a vested right, we are nevertheless here I'm- the purpose of doing our "best, and honestly and genuinely doing our best, to assist this Commission in arriving at a fair and just conclusion. Strictly speaking, it might Ik- said on behalf of the mining companies that, having the right which they undoubtedly possess, it may be considered proper for them to simply sit down and wait, and then consider the suggestions which might be made by others. But that'is not the attitude which has been adopted. As I say, we are genuinely desirous of being of assistance in this matter, and we have considered all the suggestions that have been made and everything that we could possibly think of. But there is one point that I do desire to emphasize in connection with the question of remedying any evil that exists, and that is that the cost of the remedy should not he borne by the mining companies. 1 submit that it would Ik- most unjust and inequitable to impose upon the mining companies the cost of finding a remedy, and I propose to give the reasons. The first reason is this: that if compensation had been claimed and paid in 1895, as it should have Ik-cii, it would not have been payable by the mining companies. The Chairman: May I interrupt there. The claims would have been made la-fore the issue of the Proclamation, and the settlement of these claims would have taken place before the issue of the Proclamation. Mr. Myers: No; hardly that. The Chairman : Because it is possible thai the claims may have been such that the Government would never have issued the Proclamation in its present form, but might have issued the Proclamation having some condition attached that any claims for "compensation would Ik- borne in a certain way; so your argument docs not appeal to me as that necessarily the claims would have to be paid by the Government. Mr. Myers: Yes, I think so. The Chairman: Because many claims might have come forward, and the Proclamation might not have been issued at all if the Government had not Ik-cii prepared to pay these claims. Mr. Myers.- That is another matter, and 1 quite agree. The Chairman: Therefore it does not a, all follow that the compensation had to Ik> paid by ihe Government. Mr. Myers: No. It is then for the Government to consider whether the Proclamation shall issue. Then, subject to any arrangement that may have beet) made and I know of no such arrangement that has ever been made in New Zealand—the ooiuponsat ion would undoubtedly have been paid by the Government; and I think 1 an, right in saying that then' is no case in New /calami where a sludge-channel has been acquired where the Compensation has not been paid by the General Government. The Chairman : I understand that in this case the sludge-channel was not proclaimed until many years after it had been illegally used, and that at the time the Proclamation was asked for the companies were companies of considerable magnitude in their operations, and financially strong, and it is quite possible the Government might have then not considered it to be a case of trying to open up a fresh mining district and trying to assist a struggling industry.

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Mr. Myers.- But the industry was, I think, struggling in those days. It certainh was nothing like as prosperous as ii is in the case of some of the mining companies at the present time; and 1 do suggest that it is inconceivable lhat ihe Government would at that time, especially when the compensation in those days would have been small, have refused to pay the compensation. Tin Chairman: It is possible. Mr. Myers: Yes. I cannot and do not ,lis], ul,- that ; but at least I can put it this way: that, while it is difficult after this lapse of time to imagine what the Government ill those days would have don,-, it was in al! probability ihe Government that escaped the payment of compensation al thai lime. You will see that there is another question, and that is thai you suggest to me that possibly the Government may have made some arrangement with the mining companies. But if thee pens.-,lion had been a large item although Ido not think it possibly could have been in those days—it might not have j,aid the mining companies in the then state of their development to have proceeded with their application for the Proclamation. The second point is this, why I say the cost should not be borne by the existing companies : that if a charge is made against them now', they would Ix- paying not only for their own acts, but foi the acts of a large number of concerns which have carried on mining operations in this district at various times since 1895, and which can now no longer be called upon for anj contribution because in many cases they are defunct. And the third reason for m\ present argument is that if it could ever have been contemplated by the mining industry in 1895, or at any time later, that the revocation of the Proclamation was possible, the money now invested in several of the companies would ill all probability never have been expended. As 1 said before, it was all expended all the money that has been expended in .he development of mining in this district has been expended on the faith and on the basis of the existence of this Proclamation of 1895. There is another very potent reason for my present argument, which J venture to think will appeal to the Commission: If any charge is to lie levied upon the mining companies at all this would follow : Not only would the cost of the remedy add to the cost of the production of the ore still to Ix mined, but it would depreciate the value of all the properties in that ii would prevent large bodies enormous bodies—of ore below a certain value, which are n,,w just payable, from being mined, and the lives of the mines would, as I said before, be very much diminished. And my last reason is that the mining companies are already heavily rated in that they pay something approaching £30,000 per annum as gold duty, thai sum being divided, as J understand, between the W'aihi Borough Council and the Ohinemuri County Council. That is a very heavy lax, and the mining companies consider that it is quite sufficient for them to pay per annum. The Chairman : Has the rate of the gold duty ever been varied I Mr. Myers: It has never been altered from 2s. per ounce. The mining companies consider thai is quite a sufficient amount to pay, and the mining companies are not concerned whether it is used for general purposes by the borough and oounty, or for the express purpose of improving the existing conditions, or for any other proper purpose. But what we do say is that, having regard to the very large amount which the mines are paying in taxation, they are at least entitled to ask that the local bodies and the settlers shall help then, by keeping these rivers clear, and preventing, as we saj .hey should have prevented and could still prevent, the damage of which they complain. I venture to submit to the Commission that the Government took the same view, and I rely upon paragraph I of the commission, when- the Commissioners are asked to inquire into and report as to " what proportion of the est of carrying out any recommendations to be made by the Commission should he a charge against the revenue derived by any local bodies from the mines interested in the use of the said rivers." No doubt the Government has had in view that if the conditions are to be altered or the existing rights of the companies affected in any way, Parliament will have to compensate these mining companies—firstly, because the justice of the ,-ase demands that they should be compensated : and, secondly, because I submit that it would be necessary unless the reputation of this Dominion is to seriously suffer. In considering a possible remedy, I suggest that several factors should be taken into consideration. First of all, one which I have already mentioned —namely, that but for the contributory negligence of the settlers themselves this evil would never have happened. All that they had to do was to remove the willows and perhaps erect occasionally a stop-bank, although I admit frankly that was a difficulty, because of the want of funds on the part of the County Council. Another very important factor is, what were the methods adopted at the batteries formerly, and what are the methods which are adopted there now —I mean in regard to the fineness of the product that is discharged from the batteries? The Chairman: Which is only a very small proportion of the total deliris thrown into the river. Mr. Myers: No. In the case of the mines at W'aihi—the Waihi Mine and the W'aihi Grand Junction—l understand no deliris now goes into the river. In the case of the mines at Karanga hake the whole of the debris is put into the stream, and cannot be put anywhere else. At Komata, 1 am informed that the deliris other than tailings does not go into the river. The Chairman : So really, as far as debris goes, it is only that from the Karangahake mines? Mr. Myers: Yes. And the third factor to be considered is the economic consideration. It is a very easy matter to formulate sohemes that look simple in theory to overcome this trouble, and we have heard different schemes every one of which has received the fullest and most careful consideration of the mining companies. But most of them—indeed, I may say all of them —will be found to be quite impracticable in practice. I propose just briefly to refer to some of the schemes —wdiat have been considered the more possible ones —that have been suggested. One scheme that has been suggested is that the slimes should be put back into the stopes of the mines. Now, the Commission will be told by witness after witness that this is absolutely impossible under the conditions which exist here. It will take a very few words to give a very good reason why the mining companies say it is impossible. All these mines, 1 understand, for the purpose of tilling their

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slopes, do a considerable quantity of surface mining, and that is very expensive If they could save money by adopting . his suggest ion „, put the slimes back into the stopes they won „- too glad to do „. riiev would Ik- only too glad to put the slimes back in.!, the ZZ -c-,u would save them a cms,, Cable a, n, of money. But they will give the Commissi, r,,. ,ns wl it is impossible, and I do not propose to go „„„ the details now. Another suggestion Z ' been made IS that the slimes should lie stacked. There are several reasons why lha, , n i I,h In the lust place, there are no available sites a, any one of the mines. In'the second dace , ml] be Shown that the slimes could not be held if they were stacked, and that inevitable la',--.-quantities ol the slimes would find their way into the stream, and, if they ever became dry w ihl SKnv " "!'' < -". ,u ,","'- v ' 1 a " 1 * ould '*' a " ! >"'' greater nuisance than ever they ha ye been ... the Ohinemuri and neighbourhood up to the present time. 1 know there are places where slimes ..re stacked They are stacked at Broke,, Bill, at Kalgoorlie, and Murchison.and other place • but the conditions m a 1 the other places are essentially different from the conditions which cms,' inth. district; and the people ,„ the districts where these slimes are slacked complain bitterly of the damage that has been done to them, and of the damage to their health But they have simply got to go on complaining because in the conditions which exist in these places it is impossible to do anything else but stack the slimes. Now. may 1 jus, indicate to the Commission one or two instances ,n tins district of what has happened where slimes have been stacked The Waih, Company on one occasion stacked about 11.000 tons for subsequent treatment, and' when an interval ol tune, the detail, of which will be give, later on in evidence, they came to treat .h,s stack they found that about hall of it had disappeared. And Mr. McCombie of the I a isman Mine, wi 1 give evidence of a precisely similar experience which happened to him In Kalgoorlie and Broken Hill, and places ~f tha. description, as I have said, it is absolutely essentia] to stack the Slimes, because there is no water to take I hem away, and the country is very flat and it is impossible to do anything else. Some suggestion has Ik-cii made that the'slimes here could be carried out and stacked upon a swamp some few miles away from Paeroa and Rotokohu We shall call ,-vidence to prova that is not a feasible scheme, and' especially is it not possible if as Mr. Haszard says. ,t is affected by the flood-water in the manner he indicated in his evidence yesterday. The Chairman: Mr. Haszard was specially asked about that, and I understood him dearly to say lhat the flood-water did not go over that portion of the swamp. Mr. Myers.- i had not an opportunity of being here while Mr. Haszard gave his evidence but I understood what I have just stated was the nature of his evidence. Whether it was flooded or not is really immaterial, because wind we say is this: that the water would inevitably carry the slimes all over ihe district, and that would lead to a serious trouble which, so far. nobody seems to have though. ~f. That is this: If a person lights a fire and it does any damage to anybody else he is liable, though there may be absolutely m, negligence ~n his part. 'Now, what is going to happen '" these ] r mining companies. It means that after a comparatively short time there would be constant trouble, and friction, and litigation, and the lives of the manager, of the companies would really Ik- not worth living. This is really a very serious 1 rouble, and deserves very serious consideration. Th, Chan,nan: You say they have a legal right to put into the stream, but they have no legal right to stack, because some subsequent damage might arise? Mr. Myers: Just so. Another suggestion has been made that these tailings might be carried by fluming or pipe to some low-lying ground—either to Rotokohu or elsewhere: but we shall call evidence to show that that scheme is not possible. The Chairman: That practically is the same as the last. Mr. Myers: Yes, but I am now speaking more gem-rally. I understand that, the nearest ground upon which stacking could be done would be the Rotokohu Swamp. T am now speaking of all the mines and all the reduction-works except Komata. I am told there is no land in the neighbourhood of Waihi which would be suitable. The Rotokohu Swamp is four miles from Karangahake, seven miles from Waikino, and fourteen miles from Waihi. The est of the scheme would be prohibitive: and, "apart from the question of cost, it will lx> shown that the scheme is imprac- . .cable. I have excepted from the observations I have made so far the Komata Mine, because that stands in a different position from the others—different,*] mean, because it i.s in an entirely different locality, and cannot possibly join in any scheme, assuming (hat there is some possible scheme thai the other companies at Karangahake and Waihi could join in. So far as the Komata Mine is concerned, the Commission will Ik- told that it is absolutely impossible even to think of any scheme other than that which is adopted at the present time—namely, the depositing of its tailings in the river. These observations bring me now to this: that, after Ihe very fullest and most careful consideration that the representatives of the mining companies collectively and individually have been able to bring to bear on the questions involved, they say that there is only one solution of the difficulty ; and that solution is to make the County Council an effective River Board in enable it to do its duty as a Biver Board, to clear the rivers of willows and other obstructions that is, increasing the velocity of the water and in an increased ratio its carrying-capacity and to erect stop-banks where necessary, and any other works; to dredge the river if anrl where necessary, and lo make any cuts that appear now to be necessary or may become necessary from time to time. We submit that this is the only solution of the difficulty, and that it will be a reasonably effective solution of the difficulty. In this connection I want to point out to the Commission that no expert evidence has yet been called that has recommended to the Commission the closing of this river as a sludge-channel. Even the farmers, I venture to think, do not want this Proclamation to be revoked if any other means can be found to alleviate the difficulty from which they are suffering. All they want is that some reasonably effective remedial measures shall be taken. Mr. Metcalfe, Mr, Stewart, Mr, Breakell, and Mr. Perham have reported, and their

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reporti have been put in. It is to be remembered that not one of them was employed by any of the mining companies to make theee reports. So far as the companies are concerned, all these reports must be taken to be absolutely independent, and not one of them so >;„ a* I have been able t<, understand, advocates the closing of the river us a 8 udge-channel. Mr. h been called He is quite independent of the mining companies and h<. seems t<, hold the same •iev ' Ml the witnesses whom we will call will say that in their opinion it .s not necessary to ~,!,;,i ver as a sludge-channel, but that i: will be quit,, sufficient if remedial measures are k ,.,, „ " n d about the river itself. Ido not know that i, is necessary to refer to the reports ofthes ntlemen, but there are passages in the reports upon winch we rely a very great dee., ~,,.,. the views of some of these engineers correspond precisely with the views o< our own witnesses with regard to the willows and .he effect of their being in the river, with regard to the ques- •„„ o erecting stop-banks and making outs, and so on. In a verj large measure their reports ~t , v as!, and to that extent, of course, 1 rely upon them However, shall have an oppor- ,, ~, ,„; doubt of referring more particularly to them at a later stage. II may be said, What about ihetaXg in the future I What effect are they going to have on the river I Are .hey going to increase he difficulty, or are they going to affect it a, all! And the answer that the mining ~ ,ani«, make is that .her,, is absolutely no reason to fear that any troubli whatsoever ,s ikelj ,„ a -i- iron, the discharge of tailings into .he Ohinemuri, having regard to the system of treatmen in operation 1 ought perhaps to qualify that general observation but T will qualify ii f noments as I proW Now. up to quite a few years ago -1 think lam righ m saying 1905-the tailings which were discharged into the river were fairly coarse. I hey were crushed as I undersundf through only a 30- or iO-mesh. However, precise details will be given in the eourserf evidence. At the present time the Waihi Company is crushing ... such a way that something like 90 per cent, of the slimes would pass through a 200-mesh. The Chairman: And the L 0 percent.? Mr Myers: I think that is in evidence. I want v, be careful in stating only absolute [acts. The position is exactly the same at the Waihi .Inn,, ion : if anything, Hie dimes are even finer in those from the Waihi Mine. At the Komata" Mine practically the same condition oi matters si, existence All this is due, as the Commissioners will probably know, to the introduction o ,1 1 laud I understand that tube mills have only 1k,,, introduced nto the mines in his :,,::!„,;,„, , h , lasi Bye years. That is why 1 say that .luring the las, ,ye years subject o ,;uLu.ons and qualifications which 1 shall make in a moment no damage has teen done by he limes of these companies. The Talisman Company is ill a slightly different position It IS Still '~,.' through a 30-mesh; bu, i, has erected tube mills, and these tube nulls will be working w'thin S month or six weeks or thereabouts, ami -hey will then be crushing, 1 understand, through a 200-meeh— everything will pass through a 200-mesh. The Choi,man: Is there any difference in the material they are dealing with? Mr Myers: I think probably there may be. The only battery then which will no be using tube mills is the Crown battery. Up to the present time no tube nulls have been erected in hat batlerv: but, as a matter of fact, the crushing operations there for a considerable time have been next to nothing. The Chairman : Tl.cv an- simply developing. . ~iii /■ ./I;//' ?«, K,e is this-'and I think we shall be able to prove it- ha the whole O f this fine material will be carried on, by tha river in suspension to the sea. Of course, 1 said tefore £ bun gc had been done at all during the last five years by these tailings which we hive discharged You will understand now the qualification that I wish to make. Firstly, with ' n "Talisman, it is jus, changing its system : and. secondly, that c damage may have E done not to the bed of the river, but upon the banks. If any such damage has been done it is v t ely o th< presence there of the willows. 1 have said that these fine slimes will be carHed away absolutely It has 1k,,, suggested tha, they might be deposited on the Phames tore i," • but It 11 call evidence to negative that. 1. is true that at the Thames, and here also. we had some evidence to show that the Thames foreshore had been raised: but the Commissioners wil « mbe hat under cross-examination-1 am not sure that it was no, in examination-,n- -„• , wine sat the Thames said he was quite satisfied tha, the raising oi the foreshore there due t. the local tailings; and 1 do not understand any suggest,,,,, to have been made, or. a. 11 eve , v p of offerfd to show that the position of the Thames oreshore has been in any wu I cted by any material that has be,,, discharged from the baHer.es in this neighbourhood. The o lv vestige o evidence that has been called s,, far with a view to showing that these nne i S, carried out to sea is .he evidence of Mr. James Mackay. In his evidence he elnZsld the opinion that finer crushing would make things worse than at present. My answer 1 ,t that Ms view is contrary to all experience: tha, he is not himself a civil engineer or an tr. that is tnat nis view . g CQnt to the evlden ce KftLe c" wno Will bT'callTd 'and ~!at it is clearly erroneous. Now, if we show ,ha, these X 1 es wil be taken out to sea. if the river is attended to. if works are done in the nver, 1,",, I contend that any argument in support of the contention that the Proclamation should be reV ° k ™ e 7^L to - fenTsuming that the river is made as you suggest in every way, there is till „, sil™-mo«. a probability-that there will be exceptional floods. I, these exceptional wllh tine slimes, there will still be damage to the farming industry through "■' proper works are done in the river the tendency to flooding Wi " any evidence to show what extent of works your engineers consider necessary to provide for the maximum floods?

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Mr. Myers: | ,|,, IM ,t think we have any evidence I ~ is far -,s tl,-,t T1,.,, Tcssxzgszr- ■ ■ L ■■ ..,,,":: 2jtk , l ,r l ;::;: 1 ,;!^i;r: i l .:::: , ::,:ii":: • ™ « «*■ ■- ■— 4fr. .l/.V'/s: That cannot be disputed. However, what we do say is this: that if these works are done on the river he liability to Hooding will be very much diminished also saTthat i ... a reasonably short space of time. Whether all these hanks of tailings w ll' e-inif rye •nprovements are effected i. is impossible for me to say : but in any impTvements ITli ' ; w ! ' ', .'" ! , ,111,,k ." ,8 "ecessary for me to enter further into that aspect of the ttel | We construe this C mission as implying that the Government take the view whS we are now submitting to the Commissi,,,, namely, that the real object of the Commission is to find what if any remedial measures can be taken upon the basis of this Proclamation remaining as it si venture to submit that this is the only proper construction which can be deduced from the You Principal paragraphs oi the ,- mission. The fifth paragraph, it is true, is a genera one but after all, it ,s obviously intended t„ 1, only .just a nd genfrous with what precede! the first four precedingparagraphs? (1. Whether a,,,, and what, lands Jin ~,,-iouslv affe ed by the operation ol a Proclamation dated the 25th day of March. 1896, concerning the Waihouand SSrSvfrsT', r^slSvV a bi Mm - ing , Di ? triC !i <*•> Whether th « '-'gat- "f me said rivers is, ,„ is hkeh to be. seriously impeded from the same cause. (3.) What" if any reined,al measures cm be adopted, without injury to any other persons, corporations or interests' <l-i What proportion of the cost of carrying out any recommendations to'be made by ,1 c Co, .' mission should be a charge against -he revenue derived by any local bodies from the mh£s interested „, the use ol the said nvers. And the fifth reads. 6.) And, generally the Comm " ion are to report on all matters in their opinion arising out of, or touch ng uponfthe siltnTo the said nvers ami watercourses. The basis of thai commission. I venture to submit is that no injury is to be done to the exis.mg mining interests. Beyond any question-and .his is indLputabTon ; '" v " ,l1 "' basis than that of the Proclamation remaining-the mining industry wS be mos" seriously prejudiced. Consequently I 5ub,,,,, that the Government, in Framing this commissTon must have had in view the continuance of the present Proclamation. We hope to lx- abktTsatisfv h<'Commission that the facts are as I have stated ,1,,,,,. and that th, I method that can S J' " , '";' , IH ' S '" th€ lm Proved condition of the river. Just one other word,' and 1 have finished One Of these paragraphs relates to whether any, or what, lands have been injuriously affected by he issue of .he Proclamation. I ,„„, that point a good deal of evidence has been called, and it has been directed to the extent of the pecuniary damage suffered by the farmers Now it is obvious none of.the parties before the Commission can call evidence,'even if that evidence were relevant „r necessary, on the extent of this pecuniary damage. I merely mention that to obviate any suggestionwhich might be made hereafter-] do not mean by the Commissi,,,,, but in any other quarter—that the parties before the ( ommission acquiesced in the views expressed by the witnesses or in any view that inav be expressed on this very point by the Commission : and 1 want to obviate any suggestion lhat might be made from any quarter that the parties before the Commissi,,,, ought to have called evidence upon this point. 1. will be plain to the Commission that it was quite impossible tor any ol the parties except M,-. Mueller and ,1 represented by him to call evidence upon tins particular point because nobody knew what evidence was likely to be called, and nobody knew what witnesses were to be called. „r anything ah,,,,, the case that Mr. Mueller on that point intended to make. Indeed, as ventured to submit at an earlier stage of the Commission, although evidence has been admitted (and quite rightly so), the .natter is really not one specially referred to at all events, m these paragraphs of the commission. Ernest Fki.tus Adams examined. (No. 61.) I Mr Myers.] What is your profession}—] am a civil and mining engineer and surveyor •2. And you have been practising for how long■?_Twenty-two years in this district '"' And P nor ,n that?—] had training in the hands and Survey Department, and prior to that was licensed as a surveyor in 1885. I. Then you have been for many years in this district, and I suppose you know the district pretty well/— Pretty well. 5. In what particular pari have you been living?—On 4 haines, sine- 1888. 6. But your practice has taken you constantly up and down the district ?— Yes. 7 - Aml y° u have had occasion to watch these rivers during your experience here?—l have been employed on them from timet,, time at different matters during the whole of that period I have been employed ii, regard to this Commission to go over the river and see the effect of the currents m regard to mining and battery tailings. 8. Are you acquainted, by Ihe way, with the method, that are now and which have been in the past adopted by the different mining companies in this district ?—Yes, I am fairly well acquainted with them. lam not a specialist in ore-treatment.

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!). We have been told that the Thames foreshore has been raised? —Yes. 10. Fairly considerably/—1 should say, inshore certainly 3ft. or over. 11. Over a period of how many years, roughly/—About thirty years. 12. And over what lineai extent/ Practically the whole frontage of the Thames. 1.-,. Can you say what has been the cause of .he foreshore being lifted down there/—Yes : the cause I consider is the detritus deposited from the Kauaeranga Creek and generally the debris of the creeks running through the township, with a certain admixture of mining tailings. 14. Where from/ —The Thames mines and batteries. 15. Has there been a large quantity of such tailings, and can you give us any estimate of the quantity/--I should say roughly there are about two million tons scattered on the foreshore. 16. The Chairman.] Do you mean two million tons of tailings, and debris, and detritus? — Of tailings alone, without any mining debris. 17. Mr. Myers.] Would you mind indicating before we come to this part of the river what further investigations you made in the Port of the Thames as bearing on the questions which the Commission has to consider/—I took soundings over the harbour in a line from Tararu Point to the fairway buoy, ami from tin- fairway buoy up the Waihou Biver, following the sailing-course shown on the chart. IS. Is that the old Admiralty chart/ -This is a copy of the chart, with the new soundings shown in w\ [Exhibit No. -"il |. It also shows the alterations that have taken place at low-water mark. I have shown the deviations of the present low-water marks with the marks shown here, but the soundings went further than low-water mark. 19. What were you going to say about the results of your observations as shown on the chart I 1 should say. on ,-', line from Tararu Point to the fairway buoy it would average about 2 ft. less ivater depth than the chart shows. In places i. shows shallows to an extent between 3 ft. and 4 ft.— 3J. ft. is the extreme. On the sailing-curse up the river the soundings in the vicinity of the fairway buoy show from I L ft. to 2 ft. more water. Between the two black buoys—that is, the first anil second black buoys" going up the river—it shows an extreme of I A ft. less water than that on the chart. This chart is dated 1886. •20. The Chairman.] Who was ihe chart published by?—The stamp of the Marine Department is lithographed on the original from which I traced this. 21.' Is there anything on that to show what was taken as the low-water mark?— No. 22. Mr. Myers.] Have you anything fur.her lo say /—So far as further soundings up the river are concerned, up to the boundary of the Port of Thames, a little above Turua. my soundings on the average show the water that is shown on the chart. 23. The Chairman.] So there has been no alteration '!— ln places it is deeper and m others a little shallower: it averages up in that way. At Kopu, for instance, where the chart shows 10ft. I founcl 13 ft. 24. Did you take a single line only up the river, or more than one? —A single line on the sailing-course. I took a cross-section in only two places. 25. What did you find there? —In one place I got into shallows between Kopu and the second ted buoy going outwards, ami I look a cross-sect ion there, and found I was out of the channel. 1 took a second cross section a. the fairway buoy bc-ausc 1 was surprised at the depth of water there, ~,,,] | ~.,„ a boul a quarter of a mile to'the south-west lo see if that depth was maintained or if 1 had only got into a hole. . . 26. What did yon get?— Practically the same depth—that is, an increased depth ot J tt. according to the chart. 27. Did you take any cross-section from bank to bank m the river itselt, and compare it with the soundings shown/- No. 28 So it is quite possible there might be a narrow cut, and that the walls ol the river may liaVr pinched in?—lt is quite possible. The sailing-course now does not represent the deepest 2D it may als,, represent the deepest part because it is used by the vessels and therefore kept stirred- but il' is possible the sides and bed may have pinched and risen?— That is possible. 30 Mr Myers I There is a shallow bank in that neighbourhood ?—Yes, on the foreshore. 31* Have you anything to say about .hat /—Taking the old surveys of IS7O. and comnaring with the position I fixed two years ago of the low-water mark, 1 found that the lowwatermark in line with the Goods Wharf has extended seawards for about I chains. Low-water mark in line with Cochrane Street, which is about half a mile further south-east, has extended seawards IS chains. The Kauaeranga channel, which according to the same surveys ran nearly narallel will, the Shortland frontage to a distance of 22 to 28 chains from it, now runs much more directly and meets low-water mark about --,(1 chains south of its former position There is another feature on the foreshore the shell bank that Mr. Myers has referred to he shell bank as shown on the chart is out of position so far as the bank a. present is concerned, the present bank being a auarter of a mile further southward. So far as tin- low-water mark between the Piako and Waihou Rivers is concerned, the Piako channel is considerably to the eastward now oi its position as charted in 1886' The south-western side of the Thames Biver channel has also moved until in places it cuts into the fathom-line marked on the chart. Where the two low-tide channels meet appears to avevun' round towards the north-east for a distance of about halt a mile-the channel of the Waihou River south of the shell bar now stands at an angle of UP to the entrance _ 32 The Chairman.] Is it a dan, across the channel or parallel t„ the channel /-It is on the foreshore and set a. an angle of about 15° ami at right angles to the high spring-tide mark Either end of it is rarely covered by high tides. The middle of it is covered or a little better a d-d tide The channel south of this shows a considerable encroachment on the old chart channel l„ the north-east. These are the only important alterations to the channel.

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33 Generally from this plan it appears that the river below Kopu practically has really widened and straightened and improved ?-Yes, with the exception of just that shallowbelow Km, in which the channel appears to be narrower, and the bar at the mouth P ' •14. At one spot there is 3J ft. of water on the bar where as far as one can tell .here was 8 ft previously.' <i <-s, that is the big difference. 35. You have no idea how that extends laterally?—No 36 Is it possible it is better away to the west or south-westward /-It might be belter away to the north-eastward, but that is purely guesswork. b • terms!,!- ThcVnT' 1 7 iU V-? C ° mplet t ,l ">' ,hill - y° u »«* to add /-These soundings are in terms ol *ne 9ft. (, in. Kopu tide gauge, low water, put there by the Harbourmaster. 38 In hairmaii. Bas that gauge been fixed by you or anybody else to some definite land'V, l,:l, /v-' I ,' U N : ' haTO leV6lled U P thert ' '" terl ™ Of the railway levels 39. Wrth what resultJ-Taking the Kopu gauge on .he I 111, April, 1910, the high-water height on the Kop U gauge was 2D79ft., which is 100-99 on .1,,- railway levels. Thai is levelW down from the failway-crossing at Kopu. ' evening aown at fl" "riT- T\ U ' lUii fUrthe i '""" " isll '" Bay "' ' ,^'"l t0 >" w investigations at the Port of Thames?—l think there was only one point of any importance and that was the accretion or otherwise a Opani Point. There were surveys of the Native blocks that include Opani Point don,- by Goldsmith in 1869. I find that if he took ordinary high-water mark a, that time here has been an accretion of 4 chains at the point and 12 chains on the portion of the block fronting th,- foreshore of the Thames and the Piako River 41. . Th, Chairman] Have you formed any opinion as ~, what that accretion is due to/-I should ike to remark that ,f he used, as was c0m,,,,,,, a, tha, time, high-water mark at ordinary spring tides, there has been no accretion at all. ramarj 42 Then, generally speaking, your evidence amounts to this: lhat, owing to the oi.antitv of material brought down the Kauaeranga Stream and the creeks on ,he Thanl, ,hei - raising of the foreshore along ,1,,- Thames on this side of Tararu Point, and i, includes the shifting Of the Kauaeranga channel and of the white shell bank towards the south?-Yes: the white shell bank has apparently moved with the Kauaeranga channel. 43. Do you go further, and say that if this continues it is likely to encroach on the channel or do you leave it at that?—l leave it at that. ' ° 44. Any way, you do not imply, as 50,,,,- suggestion was made, thai the stuff from .he Thames has been running up the river?-] do not know ; it might, possibly; but the stuff from the Thames has no been raising shoa s on .he river opposite Kopu. I believe that matter, in suspension in the water, passes backwards and forwards. suspension in 45. You say there is no shoaling in the lower Waihou from the Thames debris' \„ marked on' I Te s "" " "'" '"' »"» "" « T"* "*<* *» 47. Perhaps you had better indicate in your own way what you found/-The shoals and bars in the shadows I found by examination and by dredging samples were ,-,„ sed of river-sand clean particles of country rock, pumiceous matter, and fine and cars,- quartz 48-49 The Chairman] Waterworn or sharp quartz?—The coarser parts of if appeared to be crystallized, or portions „1 crystals, for the most part waterworn ippeaici De 50. But you will see a distinct difference between different quartz: you will find s c quartz sharp and angular even though waterworn, and some worn all over and completely ro3ed?-It didTotTmake m on: ' * niicroscopic examination would give I do'not Low neTause 1 51 Mr. Myers.] Did you find anywhere down there any deposits recognizable as tailing? No, I did not, excepting on the Thames foreshore. gnizame as tailings?— 52. And those, you say, are local?— Yes. 53. The Chairman] Why do you think these quartz crystals are not possibly coarse tailimrs? Are they too large?- es. Some of the very line may have been, but they do „„ , S-i deposit, mmv idea. I understand by a " deposit " there would have to be a fair a, nut, 1 ail nigs in one place to make it recognizable as a deposit. 0I taU " 54. Although the tailings may not be distinguishable as a deposit, they may be there -,11 the same as a small percentage?— Yes, as a small percentage ' ' 55. Mr Myers.] Taking it generally, were you able to find that the tailings which are deposited ... the Ohinemuri River have done any damage at all within the Port of Thames?-Nol could not find any serious damage. iN "> ' 56. I understand you to say you can find no indications of any damage?—No oi. You know, of course, the fineness of the grinding at the present time?— Yes Pif nn >' our .°P lmon > V* Hkely that any dama S e will ** d °ne in the future; so far as the Port ot Ihames is concerned, owing to the deposit of these battery slimes finely ground in he Ohinemuri?—No, I do not. ■ b ' L 59. The Chairman,] Why /-Because the major portion of the battery slimes will pass out at the ordinary times ot the river s flow. ' ' m 60. What do you base that opinion upon /—Upon the behaviour of even the coarser battery tailings in the river. «■=*., u.„,cn 61. You mean in the current'/-Yes, and general observation of the Ohinemuri as it is carrying out now these slimes finely ground. 62. 1 understand you, 'then, to say or imply tha. a. .he present lime you find Ohinemuri slimes in suspension within the Thames Harbour District/-] think they are I think there is very little doubt that they are continually passing down the river.

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63. How does the water-section of the Thames, say, at Kbpu oompare in magnitude with the water-section of the Ohinemuri at the junction?—lt is very much larger. 64. How much larger?—! haw a section between Kopu and Turua. I thought that was the fairest section in thai estuary. The low-water section just above the Junction is rO7's square feet, and just below the Junction it is 842"5 equare feet. The lower section of the Waihou between Kopu and Turua is 8,230 square feet. 65 What in your opinion, is the relative velocity of the two places—just below the Junction and the 0,, ( . between Turua and Kopu?—Of course, both are tidal—the lower one especially. The lower tidal velocity, worked by cutter, is 1756. In order to arrive at that I took a gradient of ft. in the 22.V miles between Kopu and the Junction. 66 Have you any observed velocity at the Junction?—No ; I worked it out at 2-32. 67. Practically the velocity is the same at the two places .'—Yes. To get the one at the Junction I used the fall of the river between Mangaiti and the Junction—l 44 ft. in 1,200 chains. (iS. The velocity is practically the same, and the cross-section is ten times as great : therefore, approximately, there is ten times as much water 1 ! —Yes. _ 69. Therefore the slimes coming out of the Ohinemuri below the Junction will be diluted ten times as much as those above? —Yes. TO Now we will say there is a certain pea-soup thickness in the water carrying tins wliitc material at the Junction': do you consider you have that diluted ten Mines ai Turua ?-lhat>s hard to arrive at, but I can give you what there is. 1 took water-samples on the Bth April, I.HO, at low tide, ebb, near the mouth of the river, mid-channel, 8 ft, of water. 71 That is to say, you took is as probably 8 ft. : did you take it at the surface or halt-way down /—One 3 in. below the surface and one 5 ft. down. The surface one gave lof solids in 1,022 by weight. The 5 ft. one gave 1 in 871 by weight. On the 9th April I took a sample 1 tt. above l lie bottom on this cross section of mine at Turua. It gave lin 337. 72 That is to say, you took it as close to the bottom as you could get it?- Ws. We have been using for taking'samples an ordinary pint beer-bottle, tied neck down a foot above the bottom of the pole The pole was then stuck down into the bottom. 1 found we could get very fair samples by this method. These were taken at low tide on each ebb. 1 was not satisfied with these samples as being fairly indicative; so I took a considerable number more at dlfiereni states ol the tide These samples were taken on the 24th May, 1910. My brother went out and took then, at 620 a m on the Hood tide at Kopu, forty minutes before high water. They are all in a series of four—thai is. one was taken at 4 ft. 6 in., the next at 8 ft. 6 in., the next at 12 tt. 6 in., and the next at 16 ft (i in., the depth being 18 ft. 6 in. All were filtered together, and the results weighed together, because 1 was frightened at the time we should not get through with the total number It toS a week as i. was. The average for that batch gave 1 in 7,346 by weight. That was jus, the result I took away with me to give me an idea of how it « as g>.ing. The final weighing gave a resuli of lin 7 585 The next set was taken at high water in a similar way—four samples; and they ■ ■■■ive lin 7 872 The next set was taken on the ebb, 1 hour 40 minutes after high water, and gave Tin :5 427 ' In the ebb, 3 hours 15 minutes after high water, a similar set gave 1 in 5,636. In the ebb, 6 hours after high water, another set gave 1 in 2,863. The same evening 1 took a flood sample, 3 hours 45 minutes after that low water, and we got 1 in 1,998. These samples indicate that there is a great amount of sedimentin suspension in the river. 73 Have you done anything similar in the mouth of the Ohinemuri I—V hat I did there was with the idea of showing how long this matter stayed in suspension. It is the only really quiel Place on the river. Unfortunately for the experiment 1 .lid not notice that this continual admixture of the Waihou water was thinning it in coming down, and therefore tins really does not furnish the full amount of information. . 74 You did nothing in the Ohinemuri itself '-This was in the Ohinemuri at the Junction Wharf.' The samples were taken When it was as still as I could get it, and had been SO for an hour by observation. The bottom sample was about 1 in 10,600; two samples taken at about ..it. bclo. the surface eventually gave I in 17,000 and 1 in 30,000. The movement on the gauge lor Ml on was 1 in, -ha, is to say, it moved up l| in., and it lost J in. The current-velocity ranged , 05f 1- «--"l down to 0-3 ft., and during ebb it was O'o ft again. Ihe samples were Jaken towards the ebb: but, as I suggest, the heavy admixture of Waihou water coming ill at the rate of 5 to 1 really spoilt the experiment. 71 Mr Uyers } You know that large quantities of solid matter come down the upper Waihou ~,,,1 into the lower Waihou, quite apart from any question of mining tailings?— Yes. 76 Have you made any calculations, or are you able to give any information which would indicate an idea as to the' proportion that the mining tailings bear to other solid matter that J,', , ;';; ':!,V,,r Z mouth of the 1..U- Waihou?-No; I have not. been able t<, do any work in con-nec-tioii witli it to "ive iiiiv thorough and lixed idea. 7? Have you gone far enough to be able to express a fairly definite opinion as to whether the Deroentaee 'is large or small?—ln my opinion, the tailings would be small. '-"'!; rhve not made experiments in the upper Waihou. but do you know from your own personal experience and observation whether or not large quantities do come down the uppc. V 1 ' Yes: I ~,„ see large slips on the hills, and 1 know the Waihou fairly well A tremendous amount of dibris has come down the Waihou which in a minute form has got into the river There was no other means for it to get away. V Have you any personal knowledge of the drains that flow into the upper Wa.houJ-No, but I have been through the country at the head or the Waihou watershed, and it is not the class of country to-remain permanently if water can scour it. ~,,,11? 80 Mr VickeJan.-] Why do you say the percentage o mining tailings would 1, s,

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Ihere was a huge amount of timber cut down, carrying down huge quantities „i stuff/ 83. That, of course, was all in the past; that is ,„„ coming down ~ the present time? Well so far as ,he Little Maratote is concerned, the contractor was starved ~, ~w , , ,", tinuaJ compensation he had ~, pay. The las, was about ton, or five years „'■, 8 84. Was he driving the timber /-Yes : all these creeks w,,v driven: "and the stuff is still coming down, as that increase in .1,,- shoal opposite Turua shows The \v, , n T big forest 1 have ..us, finished laying out lot -TlTcompanies £geT to woTanTdo i^iSSSj^^SS^ '- W ° rking ** b " sh -'--" -' k omp d an d y° g&SS STS? ' " 86. You examined the bars and shoals which impede the navigable channels' -Yes by ' l "' *" "'"' " d * OSed? A « far " ' o ° u " '" at lortil'm u:X;;;L Sl '' ,a,S ab ° Ve M W ° W - We found sand travelling 89 .1/,. .I/,/,-,,.! What was the origin of those shoals /-The materials scoured down the river lion, the country generally, with possibly some admixture of battery tailings JO. Ihere are shoals m the river from which vessels load -and ' — Yes 91. When- ,s the last one of those shoals going up the river from which vessels load sand?— Opposite Netherton, between the Hikutaia and the X ,a Stream -a, the confluence. [am speak IvLkapTapia &£**** *•"* "' "" riTCr ' ""* "' :, i'"' "is «*P"* *■ '''< A» aboufa "*> " TCr """" Wha< to 93 Can you express any opinion a. to how those banks of tailings have been caused, or what has contributed largely or mainly to their accumulation?-] first found the tailings where They shoaled in the slack water on Ihe left bank of the river al the point named 111 The Chairman.] Did you find any a. the Oman,, Creek?— Yes. I quite expected to find some there: there has beet, a battery at work up the creek expected lo tin,l 95. Mr Myers.] Yes. Anything further? -The first clear signs of tailings in the river are a Willow sland-at that point where .he channel is marked on ,he plan with red as the p-s , channel 11,,-,, another ha -mile up the river, and then a mil,- above Omahu. That was tie first appearance ] saw „, tailing, on the foreshore. After that they began to appear on the banks right up where thej began to Ik, retained by the vegetation 96 - What effect have the willows and the vegetation on .he banks with regard to the aecumuat on of tailings ?-TI„-re is no doubt where the banks hay, willows and vegetation on them the tailings deposit there. 97. Do you think that if the Waihou River could hay,- been kept clear of willows then- would nave beet, any serious .rouble from these deposits /- -No, | do no, think there would have been any serums trouble on the Wad as far as the discharge of tailings is concerned, other than 'in Hood-waters and Iron, the previous accumulations. 98. The Chairman | You mean previous to the accumulations I Yes, and i„ Hood-times .).). Mr Myers.] While we are on this question of willows, what do you say on that Question with regard to the Ohinemuri River?—The willows have been absolutely disastrous there as far as ihe river is concerned. 100. Referring to .1,,- Waihou River, did you and' Mr. Bray, County Engineer, take a number of sample, from tin- bed ol the river/—Yes. 101. All from the bed of the river '/—Yes. 102. How many in all?— Sixteen samples. 103. Did you take any other samples together in addition 1,, those sixteen? -No- I myself t,„,k two sample, from the Mangaiti. We took the samples, sealed them up, and forwarded them to Professor Jarman. , , l °t' T h ink >'" n arranged with Mr. Rhodes that they should be examined and reported on by him?— Yes. ' HI-",. Have you a iw.nl of the precise places from which those samples were taken?—No but I could detail them. I have no doubt that the County Engineer could indie.-,,,- tl„- exact places 106. What particular object did you have in taking those samples?—To see to what extent tl,<- battery tailings were- with the river-sands, and we thought the locality we selected was the most likely to show that. 107. After obtaining and looking at the samples, did you yourself form any conclusion, irrespective of what you might have heard afterwards?— Yes. 108. What conclusion did you form?—l formed the conclusion that they were mostly riversands. 109. And not mining tailings?— Yes. 110. Have you seen the report?— Yes. ■

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IS- UP „ „» M middle of where the two rivers meet. No. 3, an nsitme « p J the bottom the right bank. No. I. the same place, and 12 ft. furthem the 1,1 w oi the groin, and where we were with place, about 20ft. opposite the visible end of the g< - N >■ * visible of ,„,,;„, ;m ,| toward. towards the eft bank No. J, a ' ,I ' M ut a n ' f ! „.„„,,. towards the left bank. No. I), opposite the the bank. No. 8, at the same place, and 20 t. furtner tow. T Qot lower , )ank thathaa formed the Bape^ree£J£L the left bank. No. oive,he exact distance out No 10. » """PJ**' well in the Stream. No. 12, the satnc ~. opposite Kenny's northern boundary the . g baiik well lace and about 20ft. further towards the ct. hank N, . a [he channel, about the same cross-section me. No. I. abort * jq ft bank . No . 15, mid-stream in the sameipUee. »™ Ik ,,„ w tlie ,„.;;,,„ 0 n the Waihou. bank . No. IT. on the river-level a M.anga - - 'l 1 7 { water-level. No. IS. river-sand drifted upon the bank at t c s.„,f ; ' an(l „ W] . t , tak( .„ LH. On what date were these samples taken April, inos. , th ° WIST 1 to 16 we,,- taken at what state of the tide *-The tide was on the ebb. IS" You' did not, I think, take any of the samples from the bank?-No. HI - k * —' X '" " ™ river quartz sand. [Exhibit No. 53.] investigations in regard to this Jk i»i £- - >—-' WalhoT Rfver?- VeX , any taivfngs th, ybe present-that ~ ' recent yea,, there has been more needing in this district from the Ohinemuri River than in former.years: doyou agree with thaU .^ 122. Can you express any opinion to effect if any, * Tdo nnf have upon ,ho qi.es. ion of .1 ling?-I if they have a fair road. particulars as to the rainfall? - Y l-24. That seems to have been pretty Waihi^ h but S ***■ — gave, " the COB, Sr YOU deal of consideration to the question as to what can be done to i've'the and Waihou Rivers?-Yes a fair amount. 126. And have you formed any conclusion?- *«. oono lu.ion that the willows ,27. At what conclusion have you arrived?—l nay. . The Do you mean stumped right out?-Yes. IS they should be killed?-! , sider that they """ ,1 ; 1 U K ' Wh < ;; Et-1 —I- that -he confluence of the two rivers could be improved-much [m nif mUatuLT-It Starts a short distance below the confluence, and ends a short distance aboV e it' Its length would be 900 ft. I ran a line over it. W ay?-Yes. AbOV 13 3. The Chlirman.] Would you close th<>ohi bed,o th < hundred „,„, 1:! l. Mr. Myers.] Its length would lie 000 ft.. what depth/ Sixteen feet six inches hundred yards 136 Thai >~„,, --aunghow mtm yy,. s J „ f , 13 7 what would the effect ot .hat lie' me as at present, in fl 1, by direct impact f m °st a v her velooity of the? S3-« ?S3 -« the velodty '"' n,< '" "' ' down the channel. , , t , X . ? __l WO uld suggest taking the cut in . »,"";".:;;:.:;!.;':',ti'il, 1 ,:;."..'--;£™ .<- — •>.■ -ii -■ "■ <*>- !::;":, , . , ; , '.;',i!" , i::;,-» .<-' —.■**• ■ M *° K "- -* in *"" w "' h °°

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dition'of the r™.S'f .Tin ***** ""— «" — these great accumulations that have been XwedTc,£*■ ?S " u , rthe '-.'"utter " f ** reduction of is imperative that they should be removed P "*' They W,H have to be rem It 12: DoVoutSdi Sre;istei:;.::!r:,i,:r:r Yes V; efore weW anoth - ««* **■ Yes, as far as land-damage is concerned accumulations is a danger to the district?ttneVS «"> " - a],preciable extent. practically obviate damage, I consider, to any ■^vfb3jCS^V , ' t the maDagem€Dt ° f thC "™ *»" *« be in the hands of ai, 'P^ingS as I understand "slimes " slimes?— They are certainly not slimes -*S^^ysiM l s=az "" bI " ■ * "■•"" •"" - > 149. a/r a/«er« 1 h- IV( , „,' A y tn \. *"• P er second?— Yes, I think so. ■nend?-In view of thl £tVat thrt cut'wlut'TH, ° f **• C ° Bt ° f the WOr]La "*** J™ — connection with it, 1 put £40. i P require a considerable amount of work in '-cause there is so much risk w e n V „ ' h *? Vl ' f '"' contingencies, -»'-- °ut*.cost is,,as :!',:.;:;.i:::;*:^ : ' have bad !iperien --^ ...nse 1111 / r ,ld ta Btron e «*■*■ to '"»,, bank, leaning over th, stream ** ''" lk ol * € BDlaller ones *»* are on the 152' Wn»K •-';"' Ti b ! afl ' aid ° f illjuri "- the banksT-Yes, it might Z S ::;r;:„!: t ;:;: &* t£-*s r?°H D^ the pr^tions -*• suggestion ,s a good one. Of „i s, , Mil \lZT T !"' " ' ~" ', ,, ' tl,ink vo »'' patentj of wl||rl|| ki|( , ) ; i ;; killing of the stump really I1IV „, V „ S , . (li( , ;|( . v I ls and°tearwinch?- a i W ° uW ta "*« - wouW oe cheaper if V^^^Sovved'V" /' ', FS* WOU " ha ™ ta ''~ itf—lt owners would illow it; an , , * ?*£££ *? ¥* *" DUrDed > if t,ie la «d--IK7 tk«, v . ' : • IU " not ' tne s tuff would have to be removed Pore taken by water. At t-iis Sf3s??n3ff Bht *'" '"" Vi,,< ' '^ ,ati ° n the local «"* charge in 7 °" * recalcitran< ™' «*o would defy them, and put them to between tha Paeroa traffic-bridge and Te Puke <,r ' W ""'' l '"' the ( '° st "'' ""' work « £ ~4^ to^i^^* "" ,,( " Wail ~ ] - oiih ' takin^ «- *• hut iIVwL?; 116 Wai "°" ~reSSi,IU wiU «~- « 7-r by year. into tne d - *r°w *c fl 1 down quicker .ighe l r 6 tpf-i&[:-]o YOU ''° * mt thi " k WOFk j " t,lC ' —' Waih - - » P-ing as the work UthSJni D " '""" " ot th - ink tht,t thc work J " the nPPer Waihou is pressing also? Teethe fSJSsg's r,.:;:;;.;:.;;.;:;;;:::;;.';; "» P A7g. g ' ll I v],e, H^ch^irigln'Jo f punr ""* P 1 » • £fi ,ooo-a ladder : Z,TZ Mines Kep' .IK ""*' "" £fi '°° o? - A " f *« « built for that sum, 169. The Chairman.] Including punts?—£7,ooo with an elevator. I TO. 3/r. Myers.] What do you suggest should be done with the material that is dredged? M,e material that is dredged from the river could be used for roadwork-Hgh material forToadT or for railway-formation on the Paeroa-Pokeno line. That river-sand is a ,-?• Wtell ' although I cannot say to what extent the market is capable of taking it marketable mate » al . 171. You mean the Auckland market?— Yes.

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172 Is it not a fact that scows and cutters which go up to Auckland have sometimes to go lower down the river because they find too much silt mixed with the gravel at Hikutaia -1 do not know. On the highest hank I saw there were tailings inshore. The bank itsell looked to me to be gamplea UTldel . waterj all ,| W ere satisfied of the presence of material that was slimes? —Yes. ~ , , _.. . .. , 174. Mr. Mitchelson.] The lowest bank of all, about two miles below Hikutaia, just by an island?— Yes, on the shoulder there the tailings collect. 175. The Chairman.] Do you propose to dredge the centre ot the river only?—The worst points for navigation commence at the Junction. 170 And would you work down?—No, simply because it is the worst point. 177' Is it not better to work up, so as to give a larger sectional area for the water to get away . -As far as that is concerned 1 think that the worst shoal should be the one to commence at The „ ~t one on the whole river is that which is indicated on .his plan ; but it is affected by the tide to such an extent that vessels can get over it at high water. But. not considering the question of tide, this get worge &g sQon ftß your diversion is made?— Possibly, as far as the Ohinemuri River is concerned. „, ftftft 179 Mr Myers.] Are there not other items of expenditure?- Pumps and elevator, £1,000. 180. What about the cost of landing your dredged material and so on ?-The cost would he, including dredging and elevation, Is. a yard 181. Apart from that you put the cost down at £14,000?— Yes. 181 The Chairman.] Have you considered the question of stop-banks -Tha is one of th reasons why I suggest putting a dredge in the meander. I have not had sufficient time to go into - es ,'n of the expense of stop-banks. It would require a complete system of levels to be taken , "l A. far as 1 can see, it would be very ugly country to commence much /top-banking . . 183 Mr Mitchelson.] There are two places ,„, the upper Waihou where it is stated hat th water overflows and runs down to Netherton?-! do not know in that case whether i would be a safl-llnng !o put a stop-bank there, because, as far as the channel is concerned there, it IS certainly not fit to take lartre volumes of water. . .. . , , 184 The Chairman.] Then that comes to what we wan, to get ate-VIZ., as to dealing with the Waihou above the Junction?—The river above the Junction is not big enough. 185 The river above the Junction is not big enough because ,1 overflows' -I question whethe, it ever has been big enough. 186 Mr Mtiers.] Do you know the Rotokohu hwamp I—ies. . 87 Would you' think it feasible to discharge on to that swamp the slimes Iron, all these different'batter ./of the various mining companies in .his district 1-1 think l would be possible do as engineering; 1 should not like to undertake it as a commercial work to do l^ af ' l £ ;;r i ; i ;:^ a , |^that you have nO , considered the question of the cost of the works from -he directed to obtaining your opinion as the feasibleness of stop-banks hi fan. it would have to be banked round. The water would carry a considerable 0t to say you could not make a big enough « settling-bed »- I, it wJre onlyTmSter Of, say. twelve montts' product it might do, but you have to consider a of water contained in that square mile will be so large that you would practically still water over, say, three-quarters of the square milef-Yes, over a large portion ot Ule T9.3.' And therefore in that still water the slimes would depositt-Yee. IQ4. Althouo-h they might be easily disturbed again? —Yes. 195. If you put slimes in a bottle with some water, in course of a very short time the slimes ' lePOS l96r"There is no reason why they should not deposit in an open an,, as well as in a bottle? -*\Zr7rVor l esby.] Supposing you got very Ivy rains, what would happen ?-The banks a o n u d — , «. *~,-. hay,. 5,,.,, „, mk would happen in regard to the carrying-out to sea oIJ all these finer Of Thames. Until it "nr\:terc^^ 202' Do you think it is going to be a serious matter to navigation or to the fisheries 1-I.do 202 Do you thil.it go g carr . ed aw in gu to some pi^ tend to do that,

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204. You cannot estimate to what extent?— No. 205. Mr. Moresby.] What would be the width of the gulf between the first and second black buoys?- About twelve miles. 200. So that there would lie a big surface area once the stuff got outside the mouth of the river i —les. 207. Do you know the amount of tailings and slimes that go into the river per annum from all the mines in the Ohinemuri?—l understand it is about 2,000 tons a day. 4 suppose that is lor six days a week. 208. That would be short tons t —Yes, tons of 2,000 lb. 201). With respect to the remedy, 1 think you stated that first of all you would cut away the willows?— Yes. 210. Where would you start to cut away the willows, up-stream or downstream?—l think .ha. is immaterial. That would be a matter for consideration when the details of the work are being considered. 211. Before you cut away the willows on the Ohinemuri, do you not think it would be desirable to have a dredge also down the river ? —I consider that the sooner a dredge is here the better. 212. Before letting the stuff on the banks come down, would it not be better to have something in the river to keep the channel open—to keep it from getting blocked?— Yes, 1 think it would be. 213. You consider it would be better to have a dredge first before anything else is done? Yes, 1 would rather have the dredge first. 214. The dredge could be used for many purposes?— Yes, it could be utilized in the cut. 215. And keep .he river open above the Junction, and dredge the stuff out?— Yes. 210. And also, if necessity arose, and the channel became blocked below Te Puke, it could be used there '! —It could keep the navigation open to Te Puke. 217. May I take it that the dredge would be a sort of insurance that the channel would be kept open ? —Y'es, that is my idea. 218. With regard to the willows, 1 think you have now altered your opinion in this respect : lhat you consider that if the willows were killed by some stuff capable of doing it, the big willows, or those that cannot be removed, could be left in their place?— Yes. 219. I suppose you would cut those willows down? —Yes. 220. In devising your scheme, have you taken iuto consideration the fact that the extraction company propose to take out 500 tons a day to be treated? —1 will not say that, because 1 had no idea of any such arrangement. 1 think there should be an understanding between the authorities in charge and the extraction company in regard to this matter. I think they should work in co-operation if possible. 221. What I want to ask you is this : Have you taken into consideration the fact that that company will be working and regrinding the coarse material? —Yes, I understand they regrind 500 tons a day. 222. In your opinion, provided the river was cleared, it would let the stuff go out?— Yes. 223. Do you consider that these slimes will go out to sea, provided the banks are cleared aud the vegetation is also cleared —the willows and other obstructions?— Yes. 224. The slimes are retained by reason of the various obstructions in the river?—Y'es. 225. The Chairman.] Including the deposit of tailings?— Yes. 220. Do 1 understand that you propose to dredge the deposits of tailings? Is that part of the scheme? —No. 227. What part?—The meanders. 221 5 . What width of the river? —To form a channel. The width would vary. 22!(. What width of the river do you consider necessary for navigation, and to what depth? I should consider a width of about 60 ft. or so in places, but the depth is very variable. The shallows are the obstruction to the navigation. 230. Right down to what depth do you propose to dredge it?—As far as the Junction is concerned, you could take 3 ft. or 4 ft. off that quite comfortably. Every part of the river varies in depth. 231. 1 want to know what you consider is the minimum depth you would require in order to get a minimum navigable channel? —The minimum navigable channel, I should say, would be about six or seven feet at low water. Of course, Ido not think you will ever get it. 232. What do you think, knowing all the circumstances, is a desirable channel to provide for floods —that is, in width and depth?—l think it is impossible to provide a channel for great floods. In regard to floods, the only point where 1 estimated the Ohinemuri flow was at the Woodstock dam. I did not see the flood, bin I took the indications. I have asked Mr. Bray since, and he concurs in estimating it at 10,595 cub. ft. per second. 233. That was the maximum flood? —Yes. 234. Taking the ordinary flood, have you made any similar calculation for a less depth?— The ordinary flood I should roughly estimate would be about half of that. Of course this is above the junction with the Waitawheta. The Waitawheta has big floods occasionally. 235. Mr. Moresby.] The Waihou, I understand, does not flood so rapidly, or to such a great extent in so short a time, as the Ohinemuri? —No; it would require twenty-two hours for its top watershed water to come down to the confluence of the two rivers. 236. Take the channel that you propose to dredge, do you think it would be sufficient, if the river were cleared of willows and obstructions, to carry ordinary floods?— Fairly heavy floods. 237. With regard to the Waihou, you know that a cut further up the river is suggested by Mr. Metcalfe—the Ngararahi cut?— Yes. 238! I think the length of that cut is 60 chains, and the width 200 ft. ?—Yes.

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239 In time do you think it would have any effect on the river /—I should noi caie lo take the responsibility of doing it myself. I think it would be dangerous and inexpedient. U4O The ( /«7,r/«00,.j Why do you think it would be dangerous and inexpedient?- ihe watel will not necessarily scour the full depth and in a direct line, and a cut of that size would probably disorganize a considerable portion ol the river below; and it would probably require a considerable amount of work to be done there. . . . 241 Mr Moresby. I What effect do you consider the making of a cut m lhat direction would have on'the old river-bed—that is to say, between the Junction and where that proposed cut comes in above Te Puke?—lt would require a dredge, 1 should think. 242 The Chairman.] That would be closed or dead water, 1 presume?— Yes. 243. Mr. Moresby.] If that cut were made, do you still consider that all the slimes would go out to sea?—l did not say that all the slimes would go out to sea. 244. Do you consider that such a large proportion would go out to sea I— l do not think it WOUi Lh. a Wo^it d makrrdifferenceJ-I do not think it would make much difference one way or fiT'llow many miles of river front would that cut affect? Would nor that involve great claims for compensation for deprivation of river frontageJ-Yes there would be a certain amount „f vested interests to settle. 1 have not gone into the question. The most important thing, 1 conceive, is that it cuts out the wharf. 247 With regard to the Waihou River, have you seen the river-sand which comes Horn that river, and which you consider would make good road-material for light traffic?— Yes. 248. Is there any metal of any sort on that side of the river I— So metal whatever that 1 know of. ~ 249. And this stuff could be supplied at Is. a yard I—res. n Ml „ t „ 250 What would be the cost of carting over metal from here to that district?—lhe County Engineer could give you information on that question. 1 am only recommending dredging here ■ I to re ™^ I u e^- not I . c . cuuuuend it us a Bource of profit, but only as a means of preventing the Waßte 2s2 using the stuff for roads for light traffic, would it not be an advantage to the County Council if some arrangement could be madeJ-Looking al the matter as a whole 1 do not think that any one would be sanguine enough to say that the plant could be run as a profitable If \he\Sy" Council paid Is. per yard for the stuff would not the cost of the opera lions be materially reduced, .and thus reduce the loss which would otherwise be caused by the use ~f the ilredge 1-It would certainly reduce it-to what extent the County Engineer is better able l " tel 254 OU Wit a h regard to Pereniki's Bend cut, taking into consideration the fact that the extraction company propose to take 500 tons a day out of the river, would these operations have a disastrous effect on them?-Yes, if the company is dependent on the supply ot tailings at that particular point, it would affect them badly. 255 How would it affect them?-The company is practically dependent now, as fai as 1 can see on collecting tailings in these lower meandeis. The effect of the cut would be I should think m the case of L first moderate flood, to rush a great part of the old collected material right define as the - meander '-from the railway-bridge down to the Junction ?—No; 1 refer to the part from the top of the cut up to Mackaytown. 257 Have you estimated what the volume of accumulations is m that portion ot the river I ~ N °258. Mr. Moresby.] If the company had only one side of Pereniki's Bend to the other, would it be worth their while carrying on these operations?—l could not say. 259. You have not examined carefully this part of the rive. ?-Yes, but 1 have not taken out estimates of the uuantity of collected tailings in it. . ... 26U Are to give an opinion?-No ; 1 have not taken out estimates of the quanUty 0 261 ta Wltt reject to the samples, we may take it that, with the except,,,,, of two of them, they were all takeni f.Triy well in the scour of the river?_The bulk of the samples were ,n the scour oi ~,„ ~;T OI. there is not the slightest doubt about that. 262 Was there much -'fresh" in the river when you t„„k these samples?-Sixteen hundred sluice-head! was running in the Waihou River. The river had not really gone down Iron, the big **%£* that there was an extra scour in the river at that time?-There was an extra volume "' W 264" The report of Professor Jarman just gives the plain percentages ?-Yes. 265. And he practically had to estimate them ?—Yes. 966 He has not gone into the matter from different points ot view?— No. 267 Have you based your opinion on this report?-Yes, to some extent. 268! fn S/ing Tour answers, have you taken into consideration his report l-Yes, and 1 have also based my opinion on my own observation. 9fiQ A certain amount of guesswork ?—Yes, a small percentage. . . WO M regard to these slimes going out to sea, you say that, in your opinion any mate, ial' that is ground fine enough to go through a 200-mesh will go right out to sea?-Yes, in ordinary times of the river.

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271. Supposing the stuff was ground fine enough to go through a 300- or 400-mesh is it not likely that it would be carried out further and better?-1? would fequire less energy to move it Ul If the operations of the extraction company necessitate then grinding the stuff to that degree ol fineness, ii, your opinion, the residuum discharged wil. certainly car^ltTut to !ea ! 273. 1 think you know that this company has titles for about nine miles of the river-bed extending nearly hum the Junction to Mackaytown ?—Yes. ' 274. Do you know that the company has acquired a freehold site near where t1,,.,- , erect their plant?-! see where they are erecting their plant at Ha.,"rah! No 3 " *° 210. You have seen their operations at Waihi?—Y'es. 276. They grind the particles very fine, and treat them?—Y'es 277. YouAnow the measurements of the proposed cut?-Mr. Bray can give you the details reran tom ™ >om- luiowlcdge of the whole district, and having exprefsed 7 your opinion with oThePereiiliSi„,ffl C "*' W1 " y°V. eXpreBS "" io " a » t0 tteadvisabHty ot tne reiemki cut/—lhe only object, I take it, is to relieve the flood-water 279. In your opinion, would that be a beneficial thing to do-to put a cut in there?—l should not put it in myself except as a last resort. Berel 1 should ;::;:::&;,::.-;;' tsjr river due " bringii * the oth - hea^maSd - -281 //,<• Chairman.] Do you claim that there will be a higher velocity in the reaches of the river below, and how far down, or would it affect the velocity of the river?!] think tie first effect it would have would be on the velocity of the river itself nistettect increase 2 " *"* " ° f th * ri ~ "' «" lo ™ ~*-»-I1 -uld wouldt X: 10 '" d ° Wn? - 1 thUlk * "** **«°D *• ilood-velocity 284. How far down the Biver Waihou do you think that 10 ft. velocity would be continued and where ,s it going to die out to its normal state ?-That is a very hard thing to say. t wo, i depend on a good many things—it would depend on the tide considerably 7 280. You are objecting to it on the ground that it will give an increased velocity: we want to havTno'efflc't 7 °" reasons? - The inoreased ™ l ™*7> ""less this is walled up, would I ??!" As !" nii " g th ". t iVf Wa ] le , d UP) aDd Bt °P-B;»tes are put in, and the whole current comes down the cut?-There is lift, of difference in the levels between the bottoms of the river her so 1 am informed by Mr. Bray. 287 Pereniki's Bend is the shallower place?-Yes; Mr. Bray can give you the level of the bottom (here, and down below. There is a difference in fall of 11 ft 288 The sectional area at Pereniki's Bend has been determined by nature to be in a certain cross-section with a velocity due to the gradient of the river at that point, and the section at the lower point has been determined by nature to be of a certain cross-section with a velocity due to the gradient at that spot?— Yes. ' 289 Supposing you cut out the intervening three miles and a half, you will get an increased velocity through it ami no doubt it will tend to change the cross-section at both ends, but it will come ~, a lived and determinate section in fairly moderate time. Do you agree that to reduce the tortuous channel would be a reasonable and wise thing to do?— Yes, but it is the up-river effect I in, al raid of. r 21)0. The up-river, not the down-river?— Both, but particularly the up-river effect 291. Do you think the river below Pereniki's Bend i.s full of tailings?—No, but the bottom of the river, I think, must have a very huge amount of heavy material in it- mullock from the mines 292. Material which the velocity at that place could not remove?— Yes. 293. Do you think if the velocity wei-a increased it would be removed ?—Yes— that is, the material which 1 particularly recommend the dredge for-in that part of the river. 294. It has been stated that no mullock has reached below Mackaytown ?—I have seen it in the river below. 295. We may take it that you have not made calculations and you have not determined what .he bottom of the river is above the proposed cut, or what the bottom of the river is in the meanders?—No; all I can say as to that is from what I have seen where the trees have fallen away. 296. Up on the bank?— Yes. Of course, my remark as to (1,,.- clay on the bank has no reference to the mullock in the bottom of the stream. In speaking of the clay on (he bank I was referring to the class of material the cut would go through. As to the mullock at the bottom, I have seen with my own eyes pieces as large as my fist, and even double that size. 297. That would require a fair velocity to shift it down?— Yes. Some of it is hard rock of pretty high specific gravity 298. Mr. Ha,inn.] With regard to the tailings in the river at Pereniki's Bend right up the river—in your opinion the cut being put in would carry away a considerable quantity of tailings? —Yes. 299. And where would it tend to take them to? What would be the effect at the Junction, assuming, as I believe evidence will be called to show, that the water is lower at the Junction in the bed of the Ohinemuri than the bed of the Waihou?—Yes, probably. 300. That is, in the channel?— Yes. 301 Assuming this will be the case, will there be a further concentration of stuff at the Junction?— What does not bank up will go down with the current.

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302 Will it accentuate the trouble of the bank that is there now /—Quite possibly. 000. Supposing that cut is put in there, what would be the effect upon the long meander that will create a backwater, 1 suppose?— Not necessarily :104. Do you think a portion of the river-water would go round there I— Yes, it you , liver! it if you block the cut. . , 306. Assuming the cut is put in?—lf the cut is put in, and ihe bottom of the cut is as low as the ordinary river-bottom, you could divert it. 306 That would mean the assumption of something m the bottom of the stream-that would mean having a sort of gate that you could set one way or the othei : that is the only way we could carry on our operations?— Yes. 307. Mr. Mueller.] 1 should like to know where the boulders are as big as your list and biggei ( Below Maeandrew's. ,-,-.,,, i-i r, 308 Are there not with those pieces lumps of what may be slimes/—Yes they look like slimes 309. You disagree with Mr. Metcalfe's suggestion and with Mr. McArthur and Mr. Haszard as regards that cut?— Yes. . ... , 310 Those samples of water which you look, giving percentages of solids—l suppose you made no test as to what .he solid was?-No; it was purely a question oi solid and .quid 311. You could not say what portion of if is salt from the sea I—lt is washed before it is evaporated on paper, to get the salt out. 312 You know the deposits which have been referred lo on the banks ol .he nvers a. Alexander's near Netherton?-I have been at Robinson's. 'Ihere is no doubt they are tailings 313 You know that the banks formed by deposits of tailings are harder now than they were years ago I—The sides of the banks are. The river-mud has been replaced by harder material. ' 314 And any deposit such as that would, in your opinion, affect the flow ot the river -decrease the How -i-Any reduction of the cross-section would interfere with it, but 1 do not think necessarily there would be more friotion in a hard bank than a soft bank. 316. As to the sixteen samples you took from the river with a tin on the end of a pole . what si/.e was that tin?—An ordinary coffee-tiu. 316. And what sized bag did you fill (—About 4 Ib. m each sample. 317 The stream was running at the same time?— Yes. 318. You do not know how deep your dipping went into the bottom oi the river .-It was S "" ,J -il9 l from your observations that river-sand is , easily moved than tailings -It is harder to move. River-sand will stand a higher velocity than the coarsest tailings. 320. One witness has stated that in the early days in standing with your lee, ba eon the nver-sam! you could work your feet right down, but in .he case of tailings you could not do tha. have sec, tailings on .he banks, but not in tte current 322 As to willows, do you know the portion of the Waihou River between Kenny s and anottei Dlaee where the willows were cut down over a year ago?—] have sec, some stumps below Kcnv s. ' 123 Have you no, i I whether that has had any appreciable effect .'-I have noticed young »^^™£& o ££s^o ?V o B iU> Kenny's place is where they were looking for these '"'StZ River, above the J , eve, lower than it is farther down? —Yes, lower than the bottom of the cut. . ',26 W'ha. do you tiiink is the cause of that?-Very probably it is on account ol a packing of ■^ft? of tha. 1,. to a ~,,, ~-,„. tt, Waihou River has to come „ vcl - ,;!„ bar at the present time in flood-,,,,,,-: and would no. that to a certain extent have the effect of damming back the Waihou River/-Yes, to a certain extent. 328. You say that these finely ground slimes move very easily I ies. 190, It takes very little to run them along?— Yes. 3oS: In fS you consider that a great portion of.then, go right out to sea a. -he present tune/ VC ,-il So that there would be very little difficulty in fluming tailings, provided you once got , ben elevated sufficiently!— There is not much difficulty m rluinuig tailings. :5-12 An 1 these fine slimes would flume much easier than heavier tailings ?_Yes, a. a lowei gr * d SJ' What heigh, did you provide for in elevating the Jailing* (-It would be elevated in hoppers, and probable the hoppers would *^»*^sk 334. What power do you propose to use in thai nit i wn power. i elevating. . ~,,-iion of the Is per yard would be for elevating zv^a^S^h':Mii^^zz^z might have been a little more—perhaps 10 ft. 'g- z££2£& * t,, „., d** «*~ t,,a,»d,,s ,„ g e to go, a certai ( d age would be done?-Yes. " think that it is possible to have a scheme to provide for what you call oi eat floods? —No. - I

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i. i K:;..u;,;»n,:;: i ';^"; l :: i j. r "'s i,, *'~ -*• ■"- ■ -»" -...,. ~.,,, „,,„ ,„, ■ - ■ *- — ■ % "s*! £»££ c xsrfig? '"'"- ~ - •■»-• «»«. SJS'.:.: ;',,:":■;.' r:Tu";,:':. 2c g• "- - - » iv *-- «* »»«ofwia "s" ""*■""" "' i2 ' ""'"' "' »»■ , r i , ~„1 . .i , i , ,::,'i < .':;; 1 ,!„:;;; '" "'■"'""" ' y lo * ' T.,..„^.f',;,;:,:,! «-« ■" f ■ - ,h - -.,.,-i.S-.!",-, !:; , :::„ , ; , ;;,!;;'"'^ |, "- i "- - < < • *• *w «... ~ ~,„ ,„„ 352. Is there a channel on the eastern side of it now '—No ■'•>-,. It is practically filled up?— Yes '"" ' ' *" ,d ™* *«* ™« *• ~" - 355. That ,s, in ,he channel?-Yes, on the sailing-curse. 356. What , s the depth show,, „„ the plan of 1886? Eight feet 35*. And there is 3j it. now?— Yes *«- SH C 'rT»r-- c «; :;; ESE&S SA-acts s- - - '"-"-■ »~ 362. Do .„,„ , „„k , ~,. »..„,,, ~., „,„,;„. „, ~v | ,|( , ~„;„,„,*', £ ~.,»:;',. ''';./:i;,::™ ,: l :,'';:"::,;;:;::r ~f, tt ""; " ,kl,yi;::;:; - -»- |:;: :r ,,, ; ,. r7t » :L -;i :i ,- ;il ;;;::;; r deposit of slimes There are ~,-,11 ,1 V ' Deen . aW < " U "<} What I could recognize as an extensive say anything as to a larire deZs if " g c and ' ll< ''"' ~m ' c| " no « thi »* ' <'-" consideCbKe in tte ifng run , """' Se ' "'* ° f S, " a " """ ******* «P »» ■ of ttfstuff^oD U - 2 ' oo ° ";" S " f BlimeS goin « """ " 1 " '•"•'■'■ every day, does the largest bulk no, il, tiles !;,,: ™' " r '' '*°"' -• '"■ * ha < '"" «»' i* « the present timlTlltil X S i :::v rf l ; ,i ;-;-,;::;,!':;;--• *- •—• -*- N( 366. 11,,,,- ,a,l„,gs w„„h, make good ballasting for a railway-line across „,e Piako Swamp? 367. It is only the river-sand? -A mixture of tailings and river-sand. 3bß. Ihe slimes would be no good at all?— Not a bit 371. And maintenance and the river-banks./- I suppose that would be considerable for the first two years until you got everything settled, even in respect ~, the willows *" "" .. woiJd^a^tT^^ cleared ' what wouid ] - the —•" --• hfyj 73, ™' V "" »»3 " »o„ld cost some £2.000 aY■ to keep the dredge going/ 374. That means you are going to dredge -1.000 cubic yards a year?— Yes tion/aiu, *" C^tftl <*"»«»> «-»* *f—

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376. Then, in addition to that, they have to find interest and sinking fund on £14,000, and other charges?— Yes. 377 Which has to be added to the Is. a yard.'—Yes. „, J(W , . .178. Have you made any estimate of what that would amount to 1-1 suppose £14,000 at 5 Pe 37 C 9 nt including sinking fund?-In the form of a loan to be repayable in a certain number of year 380. Supposing you take 5 per cent, on £14,000, there is a further charge of £700 a year? ~ T€ MI. Which increases the cost of dredging by about 4d. a yardl-The £14,000 cost would cover the amount in the way I have indicated. 382 There would be another 3d., at any rate, for capital charges (—Yes. HI \ f , Mitchelson.] You have mentioned hoppers: did you include the cost of hoppers in the £1 000 that you mentioned when speaking of the elevator ?—No. 384 What would you allow for the hoppers ?-They might put up hoppers that would cost El 000 forit would be very expensive handling that stuff with railway-trucks; but in the beginning and for some time the hopper charge would not tenrjmvdi. 385. You would have to add the hopper charge to the £14,000 t-Yes 386 What would it be?-Hoppers large enough for this work would be £1,200. -187 That would be £15,200, instead of £14,000?— Yes. 388 The Chairman 1 Would you not want a considerable number of barges, and do you not provided for about £100 each, each carrying 60 tons. 389 You would have to have three of them? —Yes. „i:„, M 390 Mr Myers 1 As soon as the river is cleared, do I understand from you that the slimes the S.aSK are Just having 2,000 tons daily of slimes put int.. the river, and a flood comes along, will not the flood carry the slin.es quickly to ■ Si- IS ttafbeTng 8 so°°do v.v tttkttTre -nil danger of the slimes being " f °°096. That is. assuming you can get a sufficient fall, and you have got sufficient water, and 80 I think you said you have had no experience in that kind of work t-No. Wm.i.iam Frank Ghace examined. (No. 62.) 1 Mr Uyer, ] Tour name il Wi11i.,.., Trunk firaoe, and you are n,a„a ß er ol the Grand Junci csfss o. South An.tr.lia, Victoria, and praetie.lly .11 the Commonwealth. i*-. ••«- -,,f the Chemical Society of London?— Yes. - q Yon are ds,, a member of the Institute of Mining and Metallurgy ?—Yes. in Wool v, linXtell the Commission how many men your company is employing at the D resenuSSeentSfa^TLr huXd-1 could not give you at the moment the exact number. P 11 WhaUstte capital of your company 1-Five hundred thousand pounds. \\ ujfii3*2?'v*a deal of your share capital is held by English i-estors?-Yes. ! , Can you say how much?-No, but T think you can get that evidence in Auckland. IR It is a very substantial amount?—l should say the major portion '■ W , -o 11 Ihe C ission I much money has been expended by your company upon „!«,* kc at Waihi ?-The total expenditure up to April of this year was £537,524. ' 17 So that o, have put back into the mine the value of the gold you have worked from it -£287,910 b,dlion ha!, been won. which has gone back to the property. That is up to the end of last April. XT 18 No dividends have been declared?—JNo. 19 You know. T suppose, the general history of the mine?— Yes 20 Has a great deal of development-work been done 1-A very large amount. 21 And you are now winning gold from the mine?— Yes. 22 What sort of ore do you work ?—We work all the ore ..-,-• 23 What arade is it?— Taken as a whole it is considered low-grade in Waihi.

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24. It is not fair, I think, to question you closely as to what your costs are, and I do not propose to do It, but what I wan, to ask you is this : Supposing anything were to happen to cause any alteration m your system oi working, or anything of that kind, which would increase the est ~'f your work by, say 2s. per ton or upwards, what would be the elfect?-V„u mean 2s. on to the present working-costs.' ™ r ll 25. Fes? -That is a complicated question to answer. It might cut out a very large amount ot low-grade ore, and make ,t unpayable, or it might mean ss. added to the cos, of ore That might lie payable. & 26. It is a seipii/ur from ,ha, that it would diminish the life of the mine?— Yes, the output and the life of the mine. »*!»«»* 27. Precisely, but to what extent 1 suppose it is impossible for you or anybody else to say? —It would take a long time to calculate it. J 28 Are you able to honestly assure the Commission that it would have a really serious affect in the direction you hay,. already indicated ?-Two shillings a ton would be a very serious matter 2.1. 1 mean in the prevention of your company working large bodies of ore?— Certainly it would cut out large bodies of ore. " -'SO. To what degree of fineness do you now grind your ore .-Taking the average this year, it has been 94 per cent., 1 believe, through a 200-meshed screen, or, rather, I should say that 95-1 Decent, has gone through a 201. meshed screen this rear. F -'11. That is 1-9 per cent, short of all that has gone through?— Nothing remains on the 100-mesh 19 per cent, r, mams on the 150-mett, and -T8 per cent, on the 200-mesh. 1 have here a tabulated form giving every year the an,ount treated. [Exhibit No. 55.] 32. That record shows that year after year your company has been grinding its ore finer and finer?— Yes, exactly. 33. Your company started work in 1906: had m, work been done on the property before that ' —Yes, a very large amount of development-work. 34. And ever since 1900 you have been depositing slimes from the battery in the Ohinemuri? — Yes. 35. You have heard, I think, a number of different suggestions made for the disposing of slimes m other ways!— Yes. B 36. Have you given careful consideration to the different suggestions that you have heard made? —Yes, I have given them all consideration. 37. Speaking generally, do you consider any of the schemes that you have heard suggested so far to be feasible?— Speaking generally, no. 38. Have you heard any suggestion made yet which would not add very considerably to the est per ton of the treatment of your ore? —No. 39. Are you prepared yourself to make any suggestion for works to te done in connection with the river which, m your opinion, would result in a great improvement?—l should say clearing the willows would have a great effect. 6 The Chairman: Is there any good going into the question of the willows? What we want to get from Mr. Grace is, has he any new ideas on the subject? If the witness would make us a short, Statement, I think that will answer the purpose, provided it is not a repetition of what the last witness said. 40. Mr. Myers.] What are the various schemes which you have heard suggested?—The question ol depositing the tailings. ' 41. Have you heard it suggested that the slimes should be put back in the stopes?—Yes. 42. Have you, in your experience, been in any mine where that has been done?— Not slimes 4.",. Just explain, please?—] have seen tailings put back in dry countries where there was no water underground or very little water—dry countries such as Kalgoorlie, Charters Towers to a wry limited extent, and in some parts of Mexico. 11. You have never seen wel slimes put back into the mine?—lt is impossible. 15. Why do you say that I—ln the first place, if you put then, underground wet you could not dry them—they would run all over the place. 111. The Chairman.] I suppose it is essential here that the slimes should lie wet?— Even if you <lvy them and keep them underground, you could not keep'them dry. 47. .1//-. Myers.] What effect would it have upon the pumps to put these slimes back? You could not work in the mine with stuff of that kind. 48. What effect would it have on the pumps?— Cut them out. 111. Are you able to say that would be the effect of the slimes upon your pumps from your own personal experience?— Certainly. -",<). Just give us an indication of what you mean ?—The pumps are one of the biggest expenses 51. Do you happen to know the views of the Inspector of Mines or of the Miners' Union with regard i,, the suggestion to put the tailings back into the mine? — ! have not personally made any reference to the matter. I have not even mentioned the thing. -",2. What do you put into your stopes now for filling?— Earth from the surface. 53. At an expense of what ?—Eighteenpence or 2s. a ton. .")4. Assuming that it is feasible to put then, back into the mine, would that be cheaper or more expensive?—lt would practically cost us nothing if we could handle them. •'■'■ "' '' were feasible you would lie only too glad to save the much greater cost of surface material?— Yes. oil. Can you give any further reasons than those which have already been given for your objection to the suggestion to put these slimes back into the stopes?—lt is a perfect impossibility. 57. Have you heard a suggestion made that the slimes should be stacked?— Yes. 58. f am not speaking of taking them away to be stacked .'—Yes, stack them locally.

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VI locally tirst'-I do not know of any ground near where we could stack them without Town of Waihi. By « stacking " I presume you mean impounding. lon cannot ttto impound then, e-AUnost impossible, because they never settle d ' 7 Tr!nd°tnrn o wha B tl-lf the bank goes they will run about al. over the place. 62 I think you said you had been at es. ?4 e staek U liinSdo they notl-No: coarse tailings at Broken Hill ; at Kalgoorlie places are highly delighted?-You ought to know a dust Suggested that the slimes might be carried away in adm r B pipe t0 "Jr land in the neighbour! lof Waihi which would be suitable for ■> ' be sui.able, assuining tliat the plan is a feasible one?-I do believe that there is some land further south somewhere, some miles away, but I do not know where. 69 Do you know the Rotokohu Swamp?— Yes. Mt .»„> ~,iies I 70. Do you know what distance that is from your battery 1-Fourteen or fifteen miles, I SU % S r Vickerman: Less than twelve miles; it is 12* miles from the Paeroa Railway-Station to '« * —" ft Wa,k 74 n .°What does that mean to you at Waihi ?-Probably we should have to add 50 per cent, on t0 th S' We might as well have the figures. Tell us what the estimates are. You have estimated al^ti^ted 1 them by railway-trucks ?-Yes. ft X £aye also conSred the question of the feasibleness of a pi P e?-One direct pump? 78 SuriDOsintr you take it in that order? —Yes. . 79. r2SES£..] To run where?-To run to Rotokohu Swamp. This is from Waikino. Scheme 1, dealing with Residues from Waikino. Material to be transferred: Solids, 1,000 tons; water, 15.000 tons: total, 16,000 tons per day. Distance of transmission : Seven miles. Numbefof wheels, on a basis of 2-per-cent. fall : Twenty-one wheels. Diameter of wheels : 45 ft. Effective lift :35 ft. ig gQO Cost of wheels erected, £ vvheeds ... Pluming: One section ot Hume -U in. dj .'"'-, 4 ' Jiu r 14 si-' Moti^poU 8 ; 35 b.h.p. 2,200 volts A.C. three-phase motors 20.' fitted with starters, &c—£2oo each fc fa p A c generat(ll . s , a 1 £3 per two 500 gas-engines, with buddings, foundations, &c, erected, at £18 per brake horse-power ... •■• Main BWitohboard and Jeads ■•■ c v 3fj tonB el , at £10u T ~ S : S, So™ -rected at £4 each. £..2,0; 1,000 insulator, a, 7b 6d each, £375 ; erecting wire, £100. Add 10 per cent, contingencies, £500 5,255 Dumping-groundl at Paeroa. one square mile (640 acres at £20 per acre) ... 12,800 Workmen's dwellings at dumping-site-6 cottages at £200 each ■ • ■ MOO £78,467 Labour and Itunning-COSts. £ -,„ -, ■ i nnn h), « it fit) nor brake horsc-liowcr per annum ... 10,000 &' »»<- ••-■ —»- ~m £150 per annum each ... ■•• ••■ . 4 500 Stores, belting, repairs, fa., to motors wheels, and Hummg ... --• 7 _ () Labour at dumping end—6 men at £120 . ... 16,478 Interest and depreciation on capital cost ... ... £35,328

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Summary. Capital outlay by Waihi C pany,— Pluming ... |°'™°, ~ , ° ■■■ ••• ■■■ ■■■ ■■■ ... 14,812 •■ •■ ■•• ■■■ ••• 4 200 Generating-station, Waikino ... ... ... .." 18*000 Electric generators, switchboards, fa.... a'-JOO Transmission-line ... ... ... - y .)rr Dumping-ground, Paeroa ... ... ... .'' 12800 Workmen's cottages ... ... ... i'qoo £78,467 Interest, 6 per cent.; depreciation, 15 per cent. ... ... £16 478 On a basis ~f 300,000 tons per annum, this method of handling Waikino tailings would cost 2s. 4 zou. per ton. 80 Mr. Myers.] 1,, reference to tin property just referred to, you have looked at it this morning I —l es. 81. With your knowledge of the class of material you have got to deal with, can you say whether, in your opinion, these slimes are going to stay there when you have got them there?— 1 very much doubl it. Ido not see what is going to confine them if you have got a flood 82. Phere is one thing that is not included in your capital cost, and that is your retainingwall ;—lhat has been left out so far. b 83. What sort of retaining-wall do you think would be required?—lt would have to be very thiok : I suppose about 15 ft. to 12 ft. minimum. 84. What would it have to be built of? -I suppose of the soil. 85. Would you require any foundation?— Yes. 86 Once you got the water inside, i.s it likely to be held there/-In peaty soil it is likely lo percolate through. J ■> 87. Th, Chairman.] Slimes would not do?—I do not think so; it would run out. That is my experience. J 88. 4 he slimes would oOze through, you think?—Y'es. 89. Mr Myers.] Do you know of any place in the world where wet slimes have been stacked, except possibly to await treatment?—No, I have never seen then, stacked or impounded on a large settle 90. Supposing you were told that as a matter of law you had to absolutely prevent the slimes gelling out of the impounded area, would you like to try it?—No, I should not like to take the risk. 91. Do you think there is a serious risk .'—Certainly. 92. Your estimate refers to taking slimes from Waikino only?— Yes. 93. Does that include a Hume sufficient to take anything more than the slimes from the Waihi ( ompany s battery at Waikino?—No. 94. It does not include anything from the Talisman or Crown Mine batteries?—No 95. Nor Iron, any other mine that may be worked in the future?— No. 96. And it does not include an extension to the Waihi Company's battery, nor to yours?—Noonly the Waikino plant. ' J

Paeroa, Thuiishay, 2m, June, 1910. William Prank Grace, examination continued. (No. 62.) 97. Mr. Myers.] 1 s |„ )U ld like you to state what, in your opinion, would be the cost of transmitting these shines to the- swamp by railway-truck ]— Before I start on that there is a little matter in the estimate I gave you yesterday that 1 should like to correct. The size of the launder 1 gave you was large enough to take the stuff from the Waihi and Junction and Talisman Mines "it is planned I'm- the whole, except that it does not allow for any branch launders up to Waihi or in connection with the Talisman or Crown Mines. But the fluming is big enough for the whole of the mines. 98. And this work is designed from Waikino .'—Yes. I was also asked for information in regard to the tube mills at the Junction mines, and 1 can now give the dates. In 1906 there were two mills running par. of the time: in 1907 there were three running, but I cannot tell you exactly when they were started: in 1908 there were four running; ami in 190!. there were seven running, but the three that were added \sv\x- added at the very end of the year. In 11111 l we have eight running. III). The Chairman.] I),, you propose to increase the number?— Not for the present tonnage. 100. Mr. Myers.] You have now fully dealt with the question of the feasibleness or otherwise ~| transmitting the slimes to the Rotokohu Swamp by means of fluming or launder?—Y'es, tailing wheels and flumes. 101. Will you now deal with the question of their removal by railway-trucks. I think Mr. Eraser <■ of the engineers of the Waihi Company, has prepared a' detailed statement showing the estimated cost?— Yes. 102. Have you conferred fully with him and gone into the question?— Thoroughly.

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103. Do you agree with these estimates (—Yes, with one or two little exceptions where he has possibly underestimated the cost. 104. In order to save lime I will put in the estimate prepared by Mr. I'Yaser, and he will speak about it later. [Exhibit No. 56.] In order to have it on the notes, would you mind going into the details of the results.'—l will give a summary of the capital expenditure. This scheme, of course, is divided into two sections because the sands had to lie treated separately from the slimes. The capital expenditure on the sands plant at Waikino will run into £4,400, and the slimes department at Waikino will run into £3,450; to take the tailings to Paeroa will cost £24,05(1: making a total of £32,500. 105. The Chairman.] What do you mean by ••tailings at Paeroa "?—lt includes the cost of handling the tailings at Paeroa and the cost of tin- land. It is all given in detail on page 2of the estimate. Then, there is interest at Ii per cent.. £1.1150, and depreciation at 15 per cent.. £4,875, making a total of £6,825. The annual labour expenditure of the sands at Waikino would be £9,883 ss. (id., of the slimes at Waikino £25,866 10s.. and of the tailings at Paeroa £2,660, making the total annual expenses £45,234. 106. .)//-. Myers.] Now, on the basis of 300,000 short dry tons per annum, that works out at what? —It would cost 3s. per ton. 107. That, again, is only applicable so far as Waikino is concerned ? — Yes : that is only taking into account the Waikino material. 108. And if it is to be extended to Waihi there would be a proportionate increase?— Yes. 109. Now, that is only the companies' expenditure? —Yes. 110. There is something more?— Yes; the railway would have to supply rolling-stock and a certain outlay for extensions to its lines. That has not been dealt with. 111. I think you put down thirty-five 8-ton wagons at £150 each .'-Yes, making a total of £5,250. That is for the sand. To deal with the slimes it would take forty 20-ton wagons at, say, £400 each, making a total of £10,000: and for haulage there would be two locomotives at. say, £2,500 each, making a total of £5.000. There would be an extension of the railway for three miles from Paeroa to the dumping-site, costing, say. £1.000 per mile, making a total of £12,000, or a grand total of £38,250. 112. The Chflirman.] On that, of course, the Government would expect to get haulage-rate and repay themselves? —Yes; of course haulage-rates are included in the estimate. The 'Chairman: Therefore it is not fair to take the haulage-rate both on the estimate and again on the capita] charge. You show an estimated sum the Government would have to find, no doubt, but it is fair to consider that that cost will be recouped by the haulage charges. Mr. Myers: Yes. The Chairman: It is an interesting estimate, but it does not help us forward. 113. Mr. Myers.] Then, again, if the material has to be removed from your battery it means that there will be an increase in the Government expenditure?— Yes, there is a railway extension there as well. 114. You mean the mines at Karangahake, of course? —Yes. 115. I assume from the evidence that you are giving that it will be mechanically or physically possible to take away the material from trie Waihi batteries and the Junction battery by means of trucks.'—Yes. 116. But would it from the Talisman and Crown.'—lt would be a very, very complicated matter. . . 117. The Chairman.] Why I —Because they are in such an awkward position to make a connection of any kind with the railway. 118. It is not impossible?— Nothing is impossible, but il would be a very difficult matter. 119. Mr. Myers.] Now, will you go on to the third question—namely, that of pumping? —I will take Mr. Govain's pumping scheme—that is, the stage-pumping scheme. Mr. Govain has gone into this thing more thoroughly than anybody. 120. You have discussed it with him? —Certainly. 121 And I think certain conclusions have been arrived at?— Yes. This scheme of stagepumping has a vertical lift with a three-throw pump, and then a launder to flow down to the next Stage and relift it. This only treats with the slimes and not the sands, and is for Waikino only. This estimate is to treat 750' tons of slimes during twenty-four hours, the ratio of water to slimes bin,' Bto 1 Capital expenditure fur the power-station: 2 gas-engines, units 400-horse power each at £18 per horse-power, erected with buildings, £14,400 : 2 250-kilowatt 3-phase generators at £5 per kilowatt, £2,500; switchboard, cable, lightning-arresters in engine-house, £1,000: making 7 total of £17 000. Transmission-line: Wire-posts erection, and insulators, £3,130; telephones, line and erection, £150: making a total of £3.280. Pumping-station : I tank and disintegrator •it Waikino £600; 10 3-throw pumps at £650, £0,500; 10 50-horse power induction motors and starters at' £4 per horse-power. £2,000: 10 sets of transformers, at £1 Ids. per horse-power. £750 • 'l 0 sets of pipe-lines and valves, with standpipes and valves. £1.200: 5 pump-houses, foundations for pumps and motors, and erection, £1,500: making a total of £12,550. Fluming. launders, trestles, and collar launders for pun.],. 560 chains a. £25 per chain, £14,000. Dump inMite- 640 acres at £20 per acre, £12,800; 6 workmen's cottages al £200 each. £1,200: making a total of £14,000. ,„■ a grand total capital expenditure of £61,730. There has been nothing allowed in this estimate for storage-tanks and disintegrators on the line at intermediate Stations or for building any retailling-walls on the dumping-site. The annual running cost ol the power-station would be 400-horse power at £12 per horse-power, inclusive, £4,800; pumpmgstation, 5 stations. 1 man per shift per station equals 15 men at £150, making a total of £2-,250; repairs and renewals to pumps and motors, including Oil and stores £1,850; > fitters al £ldo and 2 labourers at £125, £550, or a total of £4,650. Fluming: Labour, £1,00: timber and

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carlmg. £100: making a total of £1,000. Transmission-line: 1 electrician. .£150; and 1 labourer. £125—£275. Dumping-site: 0 men at £125, £750: making a total of £11,475. Interest at 5 per cent, and depreciation at 15 per cent, on £61,730 would amount to £12'340--making a grand total of £23,821. That is worked out on the basis of 225,000 tons, and amounts to a cost per ton of 2s. 1 %d. 122. Again, 1 think, this is only from Waikino?—Yes, and it is only treating the slimes—not the sands at all. 123. In this last scheme of pumping are there any doubtful or unknown factors I—Well, the estimate of stores is very low. 124. No: 1 mean so far as the conditions of working are concerned—wear-and-tear and so on .' It is a wry difficult factor to estimate on a high lift. Of course, that is not so high a lift as the direct-pumping proposition. 125. You have also considered the question of direct pumping I— Yes, I went into it roughly. The wear-and-tear on the pipes and pumps in a direct-pumping scheme makes it absolutely prohibitive. J 126. Have you had any personal experience which leads you to that conclusion?—The biggest lift 1 ever had i.s 50 ft., and the wear-and-tear on that is enormous, and it is not a direct increase if you double the lift—it is a very big increment ; the wear-and-tear is more than doubled. 127. Then you have not allowed in these last estimates in either case for duplicates?— No. I say I have not allowed, but the plants are divided into units in each station, and one unit can carry .he whole of the stuff. 128. Ts the question of breakdowns or probable breakdowns an important factor also? Certainly. 129. An unknown one?— Yes. I say we have not allowed anything for redisintegrating at any intermediate stage should there be any serious breakdown or wash-out of the launders. 130. Speaking on this question of direct ],limping, is it a scheme that, as far as you know, has ever been adopted elsewhere, or would it l>e an experiment here? —Absolutely experiment al. 131. Thai is, having regard to the kind of material you use here?— Certainly. 132. You hfard Mr. Aickin speak the day before yesterday of a pumping-plant he had seen on the West Coast?— Yes. 133. Does that, in your opinion, bear any analogy to the suggested scheme of pumping to the Kotokohu Swamp, and, if not, why not J—-No. They were not pumping tailings tit till, but concentrates: and concentrates are very different things from hard quartz—they are very much softer material. I do not know whether he stated the actual amount of the lift', but I believe he gave the length of the pipe as only about 100 ft., which is a comparatively small length. 134. Do you know Mr. Adams's plant at the Thames?— No. I believe they are pumping sands. 135. But I understand it is only a short distance?—l do not think it is very far. There is no necessity for it. 136. It comes back to this: that in your opinion, at all events, none of these schemes are commercially practicable?— No. 137. Do you think there is any way at all of improving the present condition of matters? Certainly. 138. I just want you to very briefly state your suggestion?—l should say, clear the river of the willows, possibly followed up by removing a certain amount of the accumulated coarse sands in the river. 139. And you know that Mr. Ivingswell proposes to treat the accumulations on the banks?— Yes. He is actually removing part of the sands, and the more he removes the less there will be for the other people who may be appointed to do it. 140. Would you give us the quantity of material that you are discharging into the river at the present time? —It is somewhere lietween 6,000 and 7,000 tons per month of four weeks from the Grand Junction Mine. 141. Are you discharging any sands, or nothing but fine slimes?—l do not call any of our stuff sands; everything will pass 100-mesh. 142. And nearly all of it will pass through a 200-mesh? —Yes, 95 per cent, will pass through a 200-mesh. 143. You call it all slimes?— Yes, I should. 144. Supposing the river is cleared of willows and other obstructions, if there lie any, what would happen to the slimes that are going to be deposited in the river? —They will travel all the way down eventually. 145. And go where?— Right out to sea. 14G. What will become of them there?— Eventually they will get into still water in the sea. where there are no currents, and they will settle to the bottom. 147. The Chairman.] Is there any still water in the sea?—l believe there is when you get down deep enough below the surface currents. 1 believe they have found dead water by deep-sea soundings in the Atlantic and Pacific Oceans. 148. Thirty or forty miles out? —Yes, quite that. 149. I suppose it would mean a depth below 30 or 40 fathoms?— Yes. 150. Mr. Myers.] I suppose what you think is that once they get down to the sea they will not do anybody any harm?—l do not think so. 151. Now as to the question of whether these slimes will settle in a river such as the Ohinemuri or Waihou whim cleared? —Well, you might get some small dead pools on the side of the river, and between tides you might have a certain amount of settlement; but that would be lifted on the next tide.

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152. Mr. Mitchelson.] You mean that if it settles on the ebb tide the flood tide will disturb it again I —Yes. 153. Then it will lie always going up and down the river? —No, because on the average there is always a bigger flow down than up. You would find it would settle very little with the eddies and currents you get in the river. 154. Mr. Myers.] Are these slimes able to settle in flowing water.' —No. Of course, you can get an infinitesimal current, but if you get a current of £ ft. to a second they will not settle. 155. The Chairman.] Are you basing that on any experiments or merely giving it as your opinion?— Practically on the rate of falling. Professor Richards has made special studies of this question of fine grinding, and division, and concentration, and so forth. lob. Where arc his investigations to be found? —1 believe Mr. Hanks has a copy of Professor Hichards's work here. I have not had occasion to look at it since I came to New Zealand. It is still recognized by all authorities as the standard work. He deals with the angles of these particles. I notice that af the Panama Canal Commission a good deal of evidence was given there, and they referred back to the Dubois experiments as a standard. 157. Of course, they are pretty old, and dealt only with natural products, and not these artificial products?—Y'es, but, of course, Professor Richards has dealt with these questions in a metallurgical sense. He is the authority of the world on concentration. 158. Mr. Mitchelson.] How do you account for the slimes settling in the river (—1 have not seen any slimes I could distinguish as mining slimes. 1 could sec belts of slimes certainly, but they are not mining slimes. 159. Have you been there during the last day or two?—l went last week some time. I took some samples of these lumps off the bank. I CO. The Chairman.] It has all the feelings of a smooth character—not prickly in any way. and when dry it bends like putty!— Yes; I have a sample of these lumps. 161. It is not lumpy: it is a very thin settlement over what you might call the foreshore? —It is in the channel. Of course, there may lie a temporary settlement between tides. 102. There was all the appearance at the place at which we looked of there having been a succession of deposits in successive tides. The water is very still there? —The channel is a very irregular channel. 163. Il is not like working in the launder, and you cannot make the river like that unless you are prepared to concrete the banks and get a defined channel : and I suppose you have not gone into that estimate? —No. 104. Have you or the other companies considered the question of liner grinding. You told us that your mine grinds the finest of the lot, and that 95 per cent, of your stuff goes through the 200-mesh. Have you considered the question of trying to make 09 per cent, go through?—We arc trying to do our best, but I think commercially it will not pay. It is almost impossible to prevent a very, very small amount of stuff being carried over every time. 165. I suppose we may assume for argument that you have got very near to the standard at 95 per cent.?— Yes. 166. What do you say of the other companies who are not grinding nearly so line i—lt would be different if we could run the mill in sections and keep the different parts of the mine separate. The different lodes in our mines require different treatment, but unfortunately we have to strike an average. And so in the Waihi Mine they have a different class of ore to ours. They may find it commercially advantageous to crush a little coarser. Eventually they may go in for liner crushing. 167. I suppose it is the desire amongst all companies to remain as they are: they do not want lo increase their capital expenditure?—l do not think that is so in the ease ~f mining companies If you can get an extra 2d. or 3d. it will be done, and some companies go in more for theoretical extraction than for commercial extraction. 168. And lose thereby?— Yes. 169. Have you seen in the journals in the last two or three years an account of an explosion gas-pump invented by a Mr. Humphreys in which there is no piston or plunger I—l never heard of it. .. .. 170. It appears to me peculiarly a design whereby you could commercially pump slimes: have you ever considered it?—l believe Mr. Govain has. 171. You use air-pressure, I believe, in some cases .'—Yes : the Pohle lift for agitation. 172. Is that at all suitable for ordinary purposes?—l am afraid not. The wcar-and-tear is very great even on our small pump, which is only used for intermittent work. ' 173. The actual cost is a mere bagatelle ?—That is so. 174. And there is no reason why you should not keep them in duplicate?— Hut you have the wcar-and-tear on your pipes. . . 175 You never estimated that I—No J neither Humphrey s scheme nor air lifting. the consumption of power is enormous with an air lift, and is a very expensive method of pumping. We only use it because we require it for a chemical reason. ' 176 Mr Myers.] You told me you had knowledge of the conditions at halg lie.' —los. 177. Do they treat the ore there in the same way as here?— They do not crush as Hue as we do, and, again, a large number of the mines are roasting their ore. 178. Mr. Hanna.] An important part of your scheme was clearing the river ot the willows? L 'l79. What part of the river would you start to clear hist .'—Two or three miles towards Te 180 And would you go down to the mouth then?—No : upwards to the source. _ 181 . In part of your scheme you took into consideration the operations of this extraction company? —Yes.

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182. Am 1 to understand from you that these operations are certain to be beneficial to the river .'—Certainly. 183. I think vmi know something about these operations: you have seen them in force in Waihi?—Yes. 184. Do they grind as fine as you do?—I think they grind a little liner. 185. May I lake it that in their operations they will treat all these coarse particles —say, the 5 per cent, which escape fr your mill/ -Yes, if they are not carried away by the Storm-water. ISO. The Chairman.] There is some doubt in your mind about that 5 per cent, of coarse sands? —There is a possible doubt about them. 187. Mr. Banna.] If they get lodged amongst Ihe deposits on which the extraction company are operating they will lie treated in the ordinary way.'--Yes. 188. And thus the whole output of your mills will eventually Im- treated, and, according to your theory, they will lie returned to the river in such a form that they will go right out to sea.' Yes. 189. So that eventually the whole 100 per cent, of the output of these mills will go out to sea in the form of slimes, according to your theory?-—Yes. 190. 1 judge from the evidence you have given that you have had a good deal of experience in different parts of the world? —Yes. 191. And you have been carrying on milling operations in all those parts?— Yes. 192. Have you had much experience in river-courses?—l have had to do with a good many ditches. In one company we had ninety miles of railway, and a good deal of it was through marshy ground. 193. Have you had any knowledge or experience of the diversion of rivers and watercourses/ —Yes. 194. Can you tell us what your experiences are in that direction? Have you had any experience of cuts being put in? —Yes: I think it is better not to put any in if you can possibly avoid it, especially in soft ground. 195. You said you knew something about the operations of this extraction company ; is it necessary for them to have an abundance of water? —Yes. 190. Y 7 ou know the Ohinemuri River? —Yes, to a certain extent. 11.7. There is a point known as Pereniki's Hend? —Yes. 11.8. Mr. Metcalfe has furnished a report to the Silting Association recommending two things for the clearance of the river. The first is a cut from Pereniki's Hend to a little above the Junction, and the second is a flood-channel cut 200 ft. wide, to be gradually scoured right out, and to take the place of this portion of the river. Starting with I'creniki 's Hend, would it, in your opinion, lie any benefit to put that cut in? —It is a very difficult thing to say. I know an instance where a cut was put in like that, and the river simply took a new channel altogether. It went through the cut first, and then made a different channel from the cut. I 111.. But supposing that cut were lined on each side? —Of course, if you make a ditch of it and line the sides, it could not very well change then. What is the length of it? 200. About 25 chains?—lt would be a very expensive thing to line. 201. You are aware that our river claims extend from there nearly to Mackaytown. Would the effect of that cut operate prejudicially to our working our claims there?—l do not know what depth it is to be put down. If it is going to lie put down to river-bottom in both places, I suppose you would be left high aud dry, in a sense, in that case. 202. The Chairman.] In what sense?—lt would gradually silt up there. Eventually the sand would drift round the Ix-nd and block it up entirely. Of course, Ido not know the nature of the ground at the cvt —whether the bottom is rocky, peat, clay, gravel, or what. 203. Mr. Hanna.] There is no evidence of the nature of the country at all. lam only taking Mr. Metcalfe's report, because it has been put in. In your opinion, would the effect of that cutting l„- seriously detrimental to our operations? —Certainly, if it is going to carry the water. 204. Supposing the putting-in of that cut increased the velocity of the flow, would the effect of that increased velocity in the upper reaches of the river, where we have our claims, affect our operations? Would it take away a lot of the material in the river which we propose to treat?—l should think so. 205. Where do you think that material would go to"?— Unless you made provision lower down for increasing the velocity or transporting-power of the water, it would probably block further down. 206. By that I suppose you mean it would go down into the navigable portion of the river? —I think so. It is difficult to say where it would stop. 207. Would the increased velocity of the flow caused by this cut operate in any way with regard to the banks on either side?—To start with, the river would have greater velocity and would scour, and then afterwards it would lose this velocity and would deposit the stuff down the river. 208. At all events, you are clearly of opinion that it is better not to interfere with the river if it is at all possible?— Yes; I should try the direct method of clearing the river. 209. Do you think that clearing the river by taking the willows out and by the operations of the extraction company will tend materially to that end?— Certainly it will increase the velocity, and will tend to make the grindings easily floated. 210. You said that the material that went down would settle unless the velocity of the river lower down was increased? —Yes. 211. Seeing that the river is tidal, is it practicable under ordinary circumstances to increase the velocity? —I should say, certainly. If you reduce the coefficient of friction you will get greater velocity. 212. How will the tide operate?—l suppose the tide also will flow up quicker and flow down quicker, You will get greater movement in both diiectionß.

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213. Mr. Mueller.] You have had mining experience in Victoria ?—Yes. 214. Do you know whether the mines there discharge into watercourses.' I believe so. 215. And do you know whether there was any Sludge Abatemem Hoard formed in Victoria? —I never heard of it until you mentioned it in the last case. 216. When were you last actively engaged in mining in Victoria? —Some nine years ago. 217. I am referring to an article in the Australian Mining Standard of November, 1908. which nlions the Sludge Hoard .'—Thai has only recently been established. 218. So you d,, not know whether ihat Sludge Abatement Hoard has dime anything?— No. 219. You have had experience in South Africa? —Yes. 220. How long since? —A good many years, but I have kept pretty conversant with the grinding on the Rand and other mining works there. ...mi. i 221. Tube mills are in existence' there, and fine crushing?— They arc going m tor it, but only in a comparatively small way. 222 But some grind pretty fine?— Very coarse compared with ours. 223 Do you know what ore they are grinding there?—l should say the whole of their stufl is coarser than our coarsest. It is like the Victorian crushing: il is very cars,- there also as ( ,- pared with what we have. . 224. Do you know the mines round Germiston, in South Africa?— Yes. 225 Do you know the Simmer and Jack Mine there?— Yes. 226. Do you know thai .ha. mine has been impounding its slimes and tailings?— Our slimes are a very different kind of thing from their slimes. .... ?27 'Do you know that that mine is impounding its slimes?—l do not know that they are impounding any slimes. They were treating when I was there by a different process from now. 228. lam referring to impounding them in paddocks: haw you never seen that ?—Yes, but not in that particular mine. . _ 229 These impounding-paddocks arc formed just by a sort ~l sod wall being built up?— Yes. 230 And there are several different paddocks that are used alternately?— Yes. 231* That is, the slimes are run into one paddock to-day, we will say?— Yes, it is filled up. 232. To what depth ?—lt depends on the depth of the thing—3 ft. or 4 ft. if the slimes and " llt ' 2:sT iVnoTthe current taken off to another padlock, and the first paddock is allowed to settle i —Exactly. ~„/-, - i 234.' And so the paddocks are used alternatively ?—( ert-unly. 235 \nd the stuff settles and the walls are actually built up afterwards out of the same stuff? —In places Ido not know exactly if the Simmer and Jack are doing that but it is a common practice with so-called slimes. I say -so-called slimes" because 1 an, speaking of an entirely different material from ours. , ~ „ T , . , 236. That stuff is paddocked in thai way because it will not stack conveniently?-It is too thln 237 1 Ancfdo you not know that that stuff has been built up to a height, we will say of 20 ft J —I do not know that It is a good many years since I was then-, and the thing was then in its m How many years ago?—lt is more than seventeen years ago 239.' Now, at this Simmer and Jack Mine they have what you call '-tailings as well as tins HqUi 24rSoTha e t S 'this stuff they are paddocking is much finer stuff than what they call tailings? —It is their finer portions. 241 Do you know the Robinson Mine? —Yes. 242. Do you know that the Robinson Mine has been sluicing its filling for the stopes down the launder ?—Yes, some of them are. 243. It runs in with water?— Yes. _7 244 And they have to pack the back of the stopes with ore to keep that stuff ,n?-,-es. 245 And the water just drains off. and they pump it out again?— Yes. 246! I suppose you will say that stuff is coarse failings ?- -Yes. comparatively speak.ng-verv tailings, say, on the banks of the river?-Yes, about that-40- to 60-mesh stuffy Btopes> an(l ~„,, US( . (I , _ Yes , in that Part^9 al ln°vou7estimate of these expenses you have, of course, referred to electrical power?G»™"t «o™ll ~,«< «,,T..» ~—.■ .., £1 ."■■ P°' .....«-1>..-., -I do no, ,l„nk „. Ido 00, ~,,nV ;r «l-''cE;,!;r]V„\™ k"™- „•„„. Pri » »*,., -, ™™ **~ ..». >-~,.- -Urn*. «ta power to bo ob. '■4Hi"^to. H fe to tZ£23&*zrJ& 'ct r r

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256. You mentioned that these schemes of yours panned out, 1 think, one al 2s 4,1 ocr ton -..d another a. 3s. per ton, and another at 2s. Id. per ton, roughly? -Yes ' 25. You consider that imposition is almost impracticable?—lt would cost the Function (', „, SKito£l2SJs""""""'"" w " ki '""" fo "' r - d^C»X; ~,,,;X SreSsSl .'r^i'^ri'V-.t:;:,;:;;',::: 1 "-* - 6A — 259. 1. would be much easier for the companies to pay that?— Certainly **• So that il the companies were prevented from putting .heir stuff back into the river thej would have to go to this large expenditure you mentioned? Yes ' „„, ,"'' """!.," '"" b % chea ,P ei ''"'■ f h f m > «*». to say, "Well, let us hay,- the sludge-channel I'::.!, 1 ;;;;- 8ay = , " 1 - •"■'■«"" tor t4euseof ** sl »<^-<•'—'-? But TO have u,,.d ß dg3JSdS 262. But it would be a much cheaper proposition?—lt is cheaper to get it for nothing -,t -,ll 263. 11,, ,1 „ was a question of sludge-channel or „,, sludge-channel, i, would Ite be te to better' 64 ' "' "" "''''' '" W Bomfithin 8 Bmaller th "> ttat .-Certainly, the smaller the 265. y,,,, get it for nothing, and you want to keep on getting i, for nothing?-Certainly -bb. Mr. Myers.] You were asked something about the Simmer and .lack Mine: do they grind finely or coarsely? Very mud, coarser than we do. • g 267. ] an, advised tha. in regard to the coarseness of the material, you start here I übe-millim? ust abort where the Simmer and .lack Companj 1,-av,- o.T: is that correal ? Tha, r«,rrect prac tically speaking. Another thing is that the nature of the ore allows of its being ~-,-, by the oecantation process. There is no means of making i, settle quickly here to a solid enough' dn William Henbt Bakeh examined. (No. 68.) I Mr. Bruce.] You arc a If.Sc. and are Director of the Thames School of Mines? Yes for a ; si|v .';"" ""'* Bgo Ml ' MoLar <*>> *c then County Engineer, handed you some samples 3. You remember me giving you a sample on behalf of the Thames Harbour Hoard a few days I. These were .he exhibits handed 11, to the Commission a. the Thames. You separated and assayed them and you have submitted this report ~, the Board .' Yes. [Exhibit No 57 I 5 Ihe Harbourmaster informed you that these samples were taken from the Thanes Kiver bed between Turua and the fairway buoy?— Yes. 6. This sample contained some coarse as well as fine material ?— Yes 7. What was the coarse material formed of?-Essentially rivei-grits-puniice, crystallized quartz, rock-crystals and the ordinary detritus you would expect from this volcanic country ■ s . i"v separated that from (lie fine, and assayed it separately? Yes .icallv no i brtUon find aDy bUlli ° n "' r, ' : " , "' : "' S "' ; raaterial *- The '"-•-'' carried prac 10. Witt regard to ttefiner material, and especially that which went through a 150-mesh did lhat contain any bullion?— Yes, an appreciable amount of bullion ... '.'' n . as u tlja ! material about the same degree „f fineness as the material which leaves the tube .mils ~, We, „ and Karangahake? Ses, it would pass through 150-mesh, and the greater part of .he Product leaving a tube ~,,11 passes 150-mesh. It also had , granular appearance, which you would expect quartz from such a source to exhibit. 12. And you would consider the liner materia! quarts sand?-It is a very reasonable assumption In this way : I the finer material had been derived from the river-gravel, tha, finer material would hay,- assay,-, the same a. the coarse material. Instead, we get increased bullion at once in the fine material, winch shows that tin- source of the Hue and coarse is not the same We know .he source of ihe coarse, and therefore we have to find the source of the fine and that seems to be a reasonable place to look for it. 13. Judging by the value of ihe bullion, is that not more representative of the value of the Ohinemuri bullion than of the bullion in the Thames district?—The proportion of -old and silver is more allied to that of the up-country district than of the Thames district. .. li '" tne matter of the precipitation of slimes, would slimes have a greater tendency to precipitate m salt water than m fresh water?—A very much greater tendency to precipitate in salt rather than in fresh. r 15. I>" you back your opinion up by any authority?—] can back it up by experiment and also by reference to Giekie and Salisbury. It is an absolutely well-accepted fact that the presence of any inorganic solution on any colloidal substance will tend to precipitate that colloidal substance such as clay matter or hydrated silica. That fact is mentioned in most books on geology, and a good deal of work has been done. 16. It has be,-,, found so by yourself?— Yes. It is very easily proved. I took some river 9an ° '"' mud, and took two samples. T took 20 drams and shook it up with 500 c.c. of water. In the other case I look a similar amount of ore and some salt water. In the case of the salt water the solution was practically clear in twenty minutes, and in the case of the fresh water the solution remained cloudy for some hours. 17. The Chairman,] But that is not an experiment with quartz tailings: do you infer that quartz failings are colloidal?—I do, to a certain extent. As an actual proof of that, I got some

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clean quartz from the Watchman Mine. Unfortunately I could not get any Waihi quartz, but that was the cleanest quartz I could get. And I made exactly the same „s, with that, and the same preCipit lB°HaTyoucxammed these samples microscopically?-Yes, but I find very little from The constant abrading seems to wear down all Ihe edges. With an ordinary 1 in lens you cm Id not see very much in it. Each particle seems rather dirtied. 01 curs,-, with regard to the precipitaiion by Mil. water, in all th- mines lime is used for the same purpose, and has praoticallj the same result. .. . . . , ~,, 19 What proportion of tailings or slimes do you consider would be m a colloidal stat, . I bat would be a very difficult matter .„ ascertain either by chemical or mechanica means. •JO. What'is th,-effect of polarized light? 1 have not tried polanzed-hght experiments in ibis %] Have no experiments lieen tried al all? You have no, gone far enough ill the mailer to say what proportion is in a colloidal state? -No; it would In- an extremely dlfficul! test. A simple relative test of the amount of colloidal matter would be the plasticity test 22 Mr. Bruce.] You have had some experience in regard to slimesl les. 23 From your experience would you say. supposing that these slimes from Waihi and Karangahake pass down the river until they come in contact with sal, water, tha, they would then, ,n your opinion, start to pecipita.e I Yes, I am certain they would. • 24 bid a large proportion of them, I presume, before they got to the mouth ol the rive I Yes. Probably the largest percentage would have precipitated before they reached the mouth ol ''"' would be to a certain extent due to the lesser velocity of .he river below to what it is at Paeroa? —Yes. , , • , , v 26 \ portion of these slimes, then, would settle out at lb" tanway buoy 1 es. 27' What would be the result ? Would these tailings be depositedgenerally over the oreshoie, ,„- ffo uld they stack up „„ the township side „f the Thames! The tendency would be for these tailing „, spread themselves out fan-shape; but if there were any natural bars occurring you would get these bars further increased by this jpatenal. 28 The Chairman ] I suppose you have been living on the seashore parts ot ,he town . les. ■». Have you noticed any change yourself? -The shore seems to be rising 30. How inanv years have v,„, been at ,1,,- Thames? Practically allmy We, on and oil. •11 Mr Bruce j You had some experience in Western Australia '. \ es, for three years. 32 You were Assistant Director of the School of Mines a. Kalgoorlie? Yes. 33 Is it the practice in Western Australia to allow the mining companies to deposit tailings Bn d debris in .he main streams? There are very few streams .here. All the tailings are eithe, , " 1 .;; 1 '*n;:.:,::ri:!;;rmdc,.,, *,„«. *»«. a 8 **. -?<»■, 3B per cent. ~f ** «* would pass through a 200-mesh, speaking from memory. 35 Have they any difficulty in paddocking these slm.es?- No difficulty al all. A certain amount of inconvenience is caused by a little blowing away. ,;, 1h .„I,v .„ ,n that :if,. Hut there is no difficulty in stacking hue slimes ~t 200-mesh? -No difficult} at all thai is of course under the atmospheric conditions existing. 52 Chairmau.] Have v,„, any suggest,„„ to make by which the slimes by the addition „,- ft ny materia] could be deposited*-0! curse, the mines a, present us,- lime-water to a prett; h "' X > Xt ln l vour opinion, is i, feasible, assuming the < litions are suitable, to paddock Ih- slimes wlli ,.i are nu ' „ the Ohinemuri district I Well, with regard to Waihi, there should be sulhciei, ,eVe stack their tailings; but under an S5 in. rainfall, ,t is a question whether these [amngTwould actually stay where they were stacked. That is a matter which could only be settled after experiments in the particular district. •so I suoiioseclav could be deposited on lop ot the tailings? Yes. IL Wortd that prevent ,1 blowing or washing away?-If they were stacked „ would be rather ''" T,:. d ordimuv method of stacking is by be., conveyer or aerial ,„ ay : could you not 41. in« oruinarj ~ . the slimes for stacking, also carry clay with which to **-. s r^: < >«>■ Mit Still if it was possible to put clay on top it would certainly keep it ,„ plao 42. You know the various swamps that drain into the river : the waters coming in there cans certain matters in solution?— Yes. ~._.., ~ 4S Would these be acid or alkaline?— Probably acid. Si Wortd ttS not tend to keep the dimes in suspension rather than cause them to tall. NU ' "nyou give us any idea as to what the effect would bet-No: that is a matter I have brackish? —Yes.

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49 So that we may expect to have a deposit of slimes in the river so fai as the water is brackish; that is undoubtedly what happens fro,, the tests I have made. Of course, no doubt a 10l ot the stut'l that will pass l.iO-inesh is being deposited, say, at the railway-bridge here. 50. You think so? Yes. I made a grading test of thai stuff by Pereniki's Bend, I think it is called. 51. What did you find?— That 388 per cent, passed the 150-mesh. 52. Did you obtain these samples yourself ? —Yes. 53. Is that a solitary sample?- This was my method of taking the sample: I had a tailingstrier, which is like a cheese-tester, about loin, long, and for a distance of a chain, paced along the bank 6 ft. above low-water mark, 1 prodded this trier into the bed. 54. Did you take any at low-water mark?— Not exactly at that place. 55. Where?—l wanted to find out the source of this material I had analysed for the Harbour Board; so I got another sample out of the cut on the bank at Thorp's. I believe that was put in at the request of the Commission. 56. What did you find there?— That 81 per cent, passed the I.",()-,nesh. 57. So you deduce from that that the lower you go down to water mark the liner the deposit is? -lhat is a question of the conditions on the bank and the velocity of the current. 58. Did you take any sample under water-line .'—Yes. Al Thorp's I first took one about 18 m. above water-line, and that contained 12 per cent, which passed 150-mesh. From the side ol the boat J swept the bottom of the river in about sft. depth of water, and only --'el per cent passed the 150-mesh. 59. That was river-sand, in fact ?—■ Xo; to a great extent, tailings, because 1 made assays, and 1 got up to 29 gr. of gold in Ihe coarser material, but not in the finer. It was typical battery-sand. (id. Do you deduce from that that the finer portions of the slimes float nearer the top of the water?—Of course, the whole mass at its source will be thoroughly mixed, and as we get down the river it will Ire graded by the velocity of the current. 61. Do you mean the velocity of the longtitiidinal section of the river, or of the cross-section .f ihe river? -At the cross-section, and then, ol curse, the velocity al the side will lie considerably less than the velocity in the middle. Therefore, we get a sectional deposit running from the line 1,, the coarse, and also a longitudinal deposit running from the coarse to the tin,-. 62. Are there any oilier experiments you have made?—l made one with regard to the amount of voids that exist in the river-gravel—that is, from the point of view of finding how much the sands then would carry on forming a bank. I found that the river-gravel has Is ~,-, cent, of voids. 63. And what did you find on a mixture of the gravel and slimes? -J did not make a test of that. It would be void to a less extent. 64. So it is possible lhat .he river-gravels might contain up to 50 percent, of voids? Yes; that is in regard to the formation of a sandbank, liecause if a sandbank were formed with these tailings and gravel the bank would settle- firmer, and it would be most difficult to remove it by scour of the tide or river-current. 65. And, therefore, it would become harder than if composed of only river-sands?— Yes. (Hi. Therefore, thai is the explanation, in your opinion, of the statements made that it has lieen found that the shoals in the river, and at the mouth of the river, and in the estuary, and the bottom generally have become harder of receut years?—l think that is a reasonable deduction. 67. Is there anything else you wish to add?— That is all. 68. Mr. Moresby.] You say you took samples at Thorp's: do you mean, by the orchard, or the gentleman who lives up the Ohinemuri ?—Between the Junction and Te Puke there arc- the two open cuts, and I took a sample from one of them. 69. In that portion of the river between the Junction and Te Puke, did you find you could trace sand or slimes in the river?—At that particular place I look practically a cross-section—four samples from .he middle of this cut. At the middle the stuff was very line.' at the next one it was rather coarser, and at sft. below water-level only 3 per cent, passed the 150-mesh. At if ft. or I.", ft., in mid-Stream, there was wry little sand or tailings—that is. only (he natural product of the watershed existed in the middle: hut mi Ihe waterside you have these artificially produced products. 70. Is that the only {dace between these points that you examined ? I went down past Te Puke two miles, and I found some silt-deposit on the river-bank. With the exception of a little vegetable matter the whole passed the 150-mesh, and an assay test showed it contained 21 gr. of gold and 26 dwt. of silver. 71. The Chairman.] Is that the proportion of gold and silver that you find in the Waihi and Karangahake Mines?—At the same place I swept a sample from the bottom of the river, and lhat was practically river-gravel. 72. I think it would lie interesting to us if you would make a statement in writing of the result of your experiments?—! intended having a statement ready, hut unfortunately I have only had since Monday. 73. Mr. Myers.] Do I understand from you that, so far -is your samples from the Waihou unconcerned, the samples from the middle of the river were river-sand.' Fes : they contained a very small proportion of what could be definitely stated to be battery-sand. 74. You find more at the sides, where the velocity is less ?- -Yes. more typical battery-sand. 75. How long have you been at the Thames?—On and off, for a period of thirty years. 76. Then you know these rivers pretty well?—Xot as well as I should. I very seldom go up this river. 77. At all events, you have been up from time to time?—Y'es. 78. And I suppose you have observed the gradual growth of the willows, and so on ?—Yes.

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7... I suppose thej have affected the question ?—Absolutely no doubt, by retarding the velocity of the current. 80. And would ii be fair to sax that the willows are SO close and so thick that they affect the velocity, and. therefore, probably the deposition of the tailings to a very large extent?—To a very large extent. Th, Cl,airmail: I think we are satisfied aboul the willows, and you need not refer to them tor the future. 81. Me Myers.] You saj thai in some samples the material was granular in appearance? -Yes. 82. How did you discover lhat to be the fact?— Thai particular lest you mention I made b\ welling the sample. I dried a sample, I passed it through the sieve: and in the other case I put .. through .he sieve wet. Of course, the only way of telling whether a substance is granular or not is by an ocular demonstration. 53." What do you mean when speaking of a granular appearance? Wanting in sharp edges and angles- rather as distinct from crystalline. 84. Then, am 1 to take it that you draw the conclusion thai this material was granular in appearance merely from ocular inspection, and not by ihe microscope?- I examined it by micro scope. I,,ii. as I said, ihe microscope was only provided will, a I in. objective: we are no further ahead. 85. Have you made many microscopical examinations of material lion has passed through, say, 150-mesh ? Not a great many. 86. After having passed through tube mills, I mean?— No. 87. Have you made any?— Yes, I have. 88. Lately? .No :in kalgoorlie, three years ago. 89. Is the ore at Kalgoorlie similar to the ore in this district ? Quite dissimilar. 90. Then, may I take il that you have no. examined under ihe microscope any portion of the product of a lube mill in this district which has passed through 150-mesh ?- -Thai is correct. !l|. Would il surprise you to know that a produot which has passed through 150 mesh m a tube mill is particularly angular, and not granular at all? No. at all. I have noticed il myself. Qua.-./, passed through 150-mesh is quite coarse to the touch and sight. Clay has a totallj different appearance. . . 92. Then, so far as this material you have spoken of as being granular is concerned, do you think thai iis appearance .done indicates thai it ha.- passed through a tube mill .'—Of course, you i ami.,i sa\ ii has passed through a tube mill because it is ground finely. 93 But if you find a material which is granular when we know that thai material which comes out of a tulic mill is angular, does not that rather tend against your conclusion ?—No, that admits of a rather easy explanation. My analysis in regard to that -granular" material refers to the sample passed through dry. The granular nature, of it is due to the presence of clay matter round ihe oruartzose matter. . 94. Then you did not clean your sample first?— Not in that particular case, but I did one drj and one wet to make absolutely certain to find out which grades carry any value, if any. 95. The Chairman.] That is to say, you found the particles of quartz had rolled over and absorbed a certain amount of clay skin? —Exactly. 96. Mr Myers.] You said that lime is used by these companies in their processes up here? 97 What effect has that on the colloidal action ?—Lime has the Bame effect as sal.. Of course, the reason of the precipitation of colloids is rather a debatable subject. It is still being written on. There is no finality. 9X. What effect has the lime on the colloidal action?—lt will cause a settlement. I hey use is as much lo neutralize the acids. no I am told that the effect is to destroy the colloidal slate? I. does in this way: that .1 causes' a precipitation of the stuff which would otherwise be held ,n suspension as a colloid. 01 course, the term " colloid " refers more to the physical stale than 10, say, actual existence. KID Let me put it to you in this way : Do you saj thai thai physical slate is or is not destroyed ' -Il is in so far that previously to the addition of lime the substance would be held m suspension. The addition of the lime destroys this power- of remaining in suspension. 101 The Chairman ] It cannot alter the chemical composition of the material: but does it or does it not alter the physical characteristic beyond that it throws it down?—l do not think so. 102 Mr Myers I'l am told that the addition of lime affects the physical state of the particles, and destroys the colloidal state: do you dispute that or not? As a working hypothesis we can assume that as being correct. 103. Then you are prepared to admit that ?—Yes, as far as pradical battery-work goes. 104. Have you ever had any experience in practical battery-work (—Yes. 105. Where? -At the Thames. 106. If you are prepared to admit that the colloidal a, lion is destroyed, would you mum telling me how il is subsequently restored?— Let us imagine lhat it is destroyed. 107. You are prepared to admit that hypothesis?—l will assume that it is. 1 an, not prepared to admit that it will la-, but it may be partially. 108 Assuming that, tell me how you suggest the colloidal action is restored ?—By the movement of the particles down the waterway. A certain amount of attrition between the particles and the water must go on. and we get new surfaces exposed, and in the mass the quartz is not homogeneous. You may get a skin of quartz and a skin of chalcedony, which is an amorphous form of quartz.

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109. Then it comes to this, upon ihe assumption you have kindly made at my request: There is a process ~f grinding going on during the couise ~f these partioles down the river?—Ouite likely. 110. Xow, the colloidal action you spoke of when you were answering Mr. Bruce 111. The Chairman.] Is .1 not the colloidal acl ion which you are How suggesting?— Certainly i. is the same. " 112. Was it not .he original colloidal action?—The result is the same. 113. 1 know, but when you were answering these previous questions did you not assume that .lie original colloidal state was affected by the milling operations and .he addition of lime?—lt is affected by the addition of lime. 114. Did you or did you not assume that the colloidal action was destroyed?—l did not assume it was destroyed. You assumed that. I l-». And you admit you are not positive about it ?—The addition of lime does not. cause immediate action. The precipitation may take place after quite an appreciable amount of time. 115 a. Is it not probable it acts mechanically, and not chemically?—] think it is purely a chemical action. r I 16. Is not the quartz in a colloidal state entirely amorphous? Yes. 117. You can almost say the two terms are interchangeable? -Yes. In the newer books on colloidal substances all the amorphous substances are classed as colloids. 118. You think the addition of lime actually causes crystallization to lake place'- It appears as ,1 crystallization does take place. 119. Mr. Myers.] That is your theory ?—Yes 120. And you are not speaking in regard lo this particular point as ihe result of any experiments or any practical experience .'—Only this : that, supposing you take a flask with, we willVai battery quartz al lust it will settle very readily in salt or lime water. If you -hake that up again it takes some time to settle again: so if the colloidal nature were destroyed altogei • we should not gei the second settlement. 121. Is it fail- 1,, put it this way: that your conclusions depend considerably upon the par ticular question that I have been putting to you—namely, whether or not the colloidal action is destroyed during the milling process?— Yes. 122. You said you made a test with two samples of equal value in salt and fresh water respec tively?—Yes. 123. And of equal weight? Yes. 124. Would you mind giving me the ultima.,- volume of the settled material in the ease of each sample?—! did not obtain these. 125. Is that not a matter of some importance? I do not think so. 126. As bearing upon the conclusions at which you have arrived? No: ihe ultimate volume would be practically the same. 127. Do you think it would Ik- th,- same after three or four days' settlement .' In this wa\ ;ii would be rather difficult to measure Ihe volume there, because in the case of the water by itself you find just resting on the top of ihe solidified mass „ glight flocculenl zone: in the case of the otter you have practically a continuous surface. 128. Supposing il turned out as a matter of fact that the ultimate volume after three or four days' settlement differed, would that affect your conclusions in any way? I do not think it would have any bearing on them. 129. Xo bearing on the question of settlement in salt water?—Xo. 130. 77,ic Chairman.] Do you mean by " volume " lying closer together? Yes. 131. Mr. Myers.] You spoke of slacking tailings in Western Australia?— Yes. 132. We may t ike it that .he atmospheric conditions are absolutely different?—The rainfall is 10 in. or 15 in., and flu- winds are rather 1 •<■ than they are here rather stronger. 133. And the country is flat?— Yes. 134. You know Hanna's Lake there?— Yes. 135. Does the country fall from the mines to lhat lake?- Yes. 136. Where are the tailings stacked?— Each mine has a different method. The Great, Boulder output of tailings is something like 13,000 lons a month, and they are all put on their ground at their back door. 137. They are all stacked near the batler.es? Yes. except in the case of ihe Perseverance, which lakes them two miles by electric tram. 138. What class of material .'—The residues of the treated ore contain about IX per cent, of moisture and just ordinary sand. I -'l9. And it. is not as fine as Ihe stuff we have here ?-I can give you the grading test of all tinmines. 140. You said that only 35 per cent. ~f their stuff would go through a 200-mesh?—So far as I know. 141. Is the nature of the ore in Kalgoorlie you are speaking of quite different from the material you get here?— Quite different. 142. Is it roasted over there? -In some eases. About half the mines wet-crush, and about half dry-crush. Mr. Bruce: After consulting with Mr. Rhodes, 1 desire to make this statement on behalf of the Thames Harbour Board : namely, that the Thames Harbour Board do not advocate the revoca tion of the Proclamation which is in question except as a last resort. That conclusion was arrived at by formal resolution at an ordinary meeting of ihe Board after thorough consideration.

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Charles Edwahd Stobie examined. (No. 64.) 1. Mr. Bruce.] You are a mining engineer and metallurgist at present residing at the Thames.' Yes. 2. You have had considerable experience in connection with your profession throughout Aus tralasia? —Y r es. 3. And you worked for some time in America as metallurgist and electrical engineer? —'»es. in the United States. 4. You are acquainted with the different methods of dealing with silt and sludge from hydraulic sluicing and reduction-works? —Yes. 5. You have also been engaged on special investigations in dealing with the pollution of i .vers through sluicing? —Yes. 0. This sluicing would of course include hydraulic as well?— Hydraulic sluicing, pump sluicing, and stamp-milling. 7. You are acquainted with the methods of dealing with this trouble? —Yes. 1 have been connected with the methods for impounding tailings and sludge for some time. I was in Victoria. s. Would you please explain to the Commission the various methods of impounding sludges and tailings you have been used to? The first difficulty arose through hydraulic sluicing and the pollution of the main streams in the State of Victoria. There was so much Hooding of the low lands and i flirt with the agricultural interest caused by the free discharge of sludge into the upper reaches ~f the rivers that the Victorian Government appointed what is known as the Sludge Abatement Board. By "sludge" I mean boulders, slimes, sands, and Hue detrital matter from the mines and hydraulic sluicing. 9. The Chairman.] It includes slimes? —Yes. 10. Mr. Bruce.] What was the date of the appointment of that Board? —About 1902. The remedies proposed by the Board were practically the same as those adopted by the Califnrnian Debris Commission. The remedies proposed were the impounding of the hydraulic tailings by brush dams ordinary saplings or stringers, and rock-filled crib dams, and in exceptional cases masonry and concrete. The water from the spillway of these dams was allowed to contain up to 5(1.1 gr/of solids to the gallon of ordinary slimes, and 50 gr. to the gallon of cyanide or otter residues. Anything in excess of that was considered harmful. II . The Chairman.] How many grains are there in a gallon ?—1 cannot tell you offhand. The effect of this impounding prevented floods, and prevented any further actions for damages by the farmers. The working of the Sludge Board has been highly satisfactory both in Victoria and New South Wales—both Boards being on identical lines—and they have restored harmony between the agricultural and mi,ling interests, as has lieen the case ill California. The treatment of battery sands and slimes at Bendigo and Ballarat and other milling centres has been brought under the operations of the Board ill the same way. and the same methods of remedy have been applied. They seem to work harmoniously together; there has been no trouble. ' 12. In both these cases is it not principally hydraulic sluicing, where 99 per cent, or more of the material is boulders and sand, and only a small percentage is slimes?—No: the percentage of slimes and line detrital matter is very high, and higher than in the hard rock bottoms of New Zealand. . 13. Can you give us any figures as to the proportion of slimes t.. detritus?—ln some districts 25 per cent, is the proportion of fines lo solids. 14. You mean solids other than slimes? Including slimes. 15. Are these slimes in Victoria comparative with the slimes here as to size? —Yes. 16. They are comparative: are they the same? The majority of them are composed of decomposed salts and clays. They are aluminous slimes. 17. They are not quartz slimes? -Not quartz-particles. IS. Therefore ihe conditions are entirely different? No: in some instances, such as milling centres, the slimes are identical with the other slimes. 19. And I asked you what proportion milling slimes bore to the whole? — 1 misunderstood you. 20. Taking a rough guess, would there be 99 per cent, of detritus to I per cent, of milling slime?—l should say. I or 5 per cent, in Victoria, because there is such a Lot of country rock crushed with the quartz. 21. Take the case you have opened with- -hydraulic sluicing?—J hey would amount to about 25 per cent, slimes and sludge. . 22 Twenty-five per cent, of slimes aud sludge, and that is aluminous ?— It is partly aluminous and partly quartz grit. Of curse, there is a lot of fine grit in the gold-bearing days over there. Practically fully 50 per cent, of the wash of the deep-lead stuff from the pmhllmg-machmcs ,s slime. 23. But is that aluminous or siliceous?— Partly aluminous and partly siliceous. 24. What part siliceous?— Ten per cent, of the slimes. 25. Or 5 per cent, of the whole?— Yes. Lowdon Valley is practically filled with puddlingmaohine slimes from the deep leads. 26. The use of the term " puddling-...achinc ' seems to imply aluminous slime?— Not neces--8ar1 127 Can you puddle these slimes here %— Puddling is the effect of producing slime. The addition of water to tte gravel produces slime and carries off the earthy matter and siliceous matter also in s,^P~ t n oUI fhat if take one of , hesc . slimes ana i et it dry it will contain no moisture, or practicaUy very little moisture: but the idea of puddling is that it contains a very large pronortion of moisture?— Quite so: it is practically solids held in mechanical solution ' 29. And you think these Ohinemuri slimes could be so puddledl-They are practically puddled by the mechanical mixing.

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30. But they do not remain puddled?— They will separate out from the water. 31. Do the other slimes separate out?— Yes, they go into a compact solid. 32. You are not using "puddle" in the sense I mean, that it will contain and will not part with a large part of the water, but will always remain in a pasty, messy condition?— You can have dry puddle. Drying is practically a matter of temperature and climate. My opinion is that these slimes produced by puddling arc: as line as any slime that can be made by artificial or mechanical means by grinding. What will apply to them will apply to these in the matter of impounding. 33. Have you any scheme to put before us showing how these slimes could be impounded?—l have a suggestion to make. My suggestion is that the present Ohinemuri River down to the bend son,,- distance above Paeroa should remain a sludge-channel as it is at present; that a masonry barrier should be placed across the main river at a suitable point to be determined by survey : lhat 20(1 or 100 acres should be acquired as a seitling-basin above the dam: and that flanking brush dams should be constructed from the masonry. The whole stream should be allowed to discharge into that area, and should lie impounded in thai area until it had dropped its suspended mud to the bottom. This would create an artificial lake and gradually silt up. Additional brush eons.ruction or masonry construction could lie added from time to time. 34. Where? —On to the existing embankment, raising the level. By raising it to a point of. say, 6 ft., and making the depth of the dam, say. 6 ft., I assume the area would hold about 1,306,800 tons of tailings. That is over 100 acres with a mean depth of 6 ft. That is practically three years' sludge at the present rate of discharge into these streams. An increase of 3 ft. would accommodate another one and a half years' slimes. T suggest a brush dam because it has been most effective elsewhere for a similar purpose, and it is absolutely the cheapest to construct, and can be constructed out of manuka, which is on the spot or close to it. The only masonry required would he at the main channel. The immediate effect of impounding the sludge would lie I'm- the overflow water to scour its channel out below the dam. Of course it may be suggested that flooding would undo all that the dam had done : but, to prevent flooding I would suggest a deep cut outside the 100 acres, the material from th? cut to form a training-wall to add to the impounding-capacity of the dam. 35. What do you mean by a " training-wall "?—This cut would be for the discharge of floodwaters at high level —to divert them into this channel or cut, and throw the earthwork on to the levee or training-wall to form the boundary of the impounding area of 100 acres. 36. You have a masonry wall and a brushwork wall, and you would put the earthwork on tintop of it?—Xo. The slime in the water coming down stream would very soon settle on the brushwork and make it impervious. The dam for the cut will be above the impounding area altogether. 1 would not admit flood-waters into the settling-basin, and for the further prevention of floods T would suggest a dam further up stream to control the freshes. 37. And, in fact, if more than one is necessary you would make as many as are necessary?—l would have two as a minimum, and that impounded water would be released when the floods had subsided lower down. That is practically an outline of the proposal, and it is based upon the method adopted by the Califomian Debris Commission on the Yuba River. Tt is known as the Yuba Dam. 38. What depth do you consider to be necessary to allow the slimes to be deposited?—l consider that owing to the increased area there would be no velocity in the stream : the water would spread out fanlike. 39. You would make as long a spillway as you could get. so as to reduce the velocity? —Yes. 40. You imply that the water running only an inch in thickness over that area would deposit the slimes?— Yes, because it comes in perhaps 20 chains further up stream. By the time it gets to the barrier it has such a retarded velocity that practically only 10 per cent, of the original sludge remains in suspension. 41. You say the first depth of 6 ft. would hold three years' slimes?- —Yes. 42. Then there would be a period before the end of the three years when it is possible the slimes would be carried over? Well, additional construction on the original walls would provide for that to hold even another three years' slimes. Tt would be built up by stages. That is the final method adopted by the California!! Debris Commission and the Victorian Sludge Board. The Chairman : Is this put forward as the Thames Harbour Board's scheme? Mr. Bruce: As Mr. Stories. The Chairman : You told us that the Board passed a resolution deciding not to advocate the revocation of the Proclamation except as a last resort. Mr. Bruce: That is so. The Chairman : Are you bringing this forward as a scheme to prevent it? Mr. Bruce: As one of them. The Chairman : You have others? Mr. Bruce: Mr. TT. Tl. Adams has another. Witness: These are sections of the Victorian sludge dam for impounding hydraulic slimes and battery sands and tailings. They are contained in the annual reports of the Sludge Abatement Hoard, which I have for 1905. 1906, and 1908, and which I will hand to the Commission. [Exhibit Xo. 58.] T would also hand in for your information these engineering sections of the dam on the Yuba River, with an article prepared by Captain W. W. Harts, Chairman of the Califomian Dfbris Commission, and an officer of the United States Army Engineering Corps. [Exhibit No. 59.] It is taken from the Engineering and Mining Journal. This is another article, but it is not official. It is by an authority on sluicing and hydraulics in the United States—Hutchings. Tt is also from the Engineering and Mining Jcnimal.

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43. Tin Chairman.] This is sluioing-work, which is different ?—lt is only a question of degree the greater affects the less. 4-4. Ido not know. Sluicing tailings are a very much coarser material?— Yes; but that is seventy or eighty miles from the source, and the slimes are carried so far by these streams, which are mountain-torrents to a great extent. In my opinion this scheme would be effective on this Ohinemuri River, with the 100 or 200 acres I have mentioned, that being the only flat ground available. I do not know of an\ other place up the river where impounding could be effected. 45. You have not given any estimate of cost?—The cost of that masonry dam is given. It is about 18 ft. high. 2 ft. al the top, thickening down to a 10 ft. sole, and about 1.250 ft. long, and it runs into about C2O per lineal foot. That is the actual masonry-construction. Ii is reinforced concrete. It is nol altogether on rock, bul on made ground to a certain extent. That is the last dam adopted by the Califomian Debris Commission, and the Sacramento River was treated in exactly the same way. You will also notice a section in that of a cut and training-walls that were put in to prevent flooding and to carry flood-waters outside the impounded-tailings area. 46. Mr. Bruce.] In impounding these tailings you say the smaller area of 100 acres would provide for three years, approximately?—Of course, as a matter of fact, if the river is used as a sludge-channel that will fill up first, and increase the capacity ~f the dam very materially, 47. hi impounding ttesi tailings would it be possible at a cheap rate to lift them and direct them to the Rotokohu Swamp, which lies between the Ohinemuri and Waihou Rivers?—-I do not know the elevation of it. 48. Would it be possible to lift, them up to that swamp by mechanical means at a reasonable ,-osi ? -It would be possible, but 1 do not think if would In- necessary. This sand would settle in a -olid mass. 49. On,- of my reasons for putting the question was that the dam could be used as a catchment for the purpose of lifting the tailings into the larger area, so that the trouble of building the dam up higher from time to time would be done away with?—Of course it could be done, but it could not Ik- done while the slimes were with the water, because you would have a plastic, tough, tenacious mass to lift. Of course you could lift il by dredger, and a belt convex,-,- would carry it. 50. It could lie elevated by a belt conveyer?- Yes. 51. The Chairman.] We have been told that it is not economically possible lo convey slimes l, v belts?—lt would all depend upon the degree of the tenacity of the slime. Tf the slime was a i hick plastic slime it would not be effective, ft would not discharge very well from the hopper. 52. It is only a question of velocity, and it would be thrown off? T am afraid you would not throw very much off the belt of pure slime. 5.'!. It would mean scraping without necessarily touching: you could have a cutter down to within T ',; in. of Ihe belt'? -That could he done: but Tdo not think it would lie necessary. I would leave it in the basin as a permanent storage-tank. 54. And go on until you had 100 ft. in depth? Until the elevation became prohibitive, and l hen I would extend the area. 55. Of course the area would extend as you go up? Yes. .., account of the rise in the crown. Then probably you would read, a level which would be a menace t,, the people up-stream. 56. Such a level that you could not discharge tailings at Karangahake up-stream?— Yes. 57. Which would be the limit?— Yes: that would mean an extension of the area downwards or westwards towards this swamp. It would mean an encroachment towards the swan,]). But if the whole of the Ohinemuri Stream, carrying tailings and dSbris as it does at the present time, were diverted into the Rotokohu Swamp, you would have to bring the water back into the channel. ss. There would be no serious trouble about that, because the Rotokohu Swamp at present drains into the Ohinemuri ?—I was not aware of that. That would not be an engineering difficulty, but Ido not know what Ihe levels would be. T have not gone into the matter. I merely make the suggestions for what you consider them to be worth. 59. Merely as an investigat ir? —These are'the lines 1 would propose the investigation should follow. 60. And you base the whole of it upon the assumption that the slimes will drop if you can have a spillway of some hundreds of feet?— Yes, or that such a small proportion would go over the lip that it would be harmless lo navigation. I would also suggest that the stream below the spillway lo the Junction should be dredged, and increased velocity given to the water owing to a free channel. (il. There is a dmibf in your mind that the whole of the material would not be deposited? —I am certain the great proportion would be left. T merely suggest an area of 100 acres as a simple factor: 200 acres would hold double the capacity, and so on. 62. Mr. Bruce,] You say 200 acres would be preferable to 100, on account of providing a larger settling-surface? —Yes. 63. You are acquainted with the consistency of these slimes which come from Waihi and Karangahake?—l am not acquainted with then, specifically. I have seen slimes like them. 64. What do you think would become of slimes that had passed through 150-mesh discharged into the river at Waihi and Karangahake?- The transportation of the particles depends on the ,-e|,,eity of the stream. In absolutely clear water without any current they would settle. 65 r will take the Waihou River. From the Junction to the mouth of the river there is estimated lo be a fall of 8J ft. in twenty-two miles: would the tendency be for a settlement of the climes in that distance?-- Y,-s. 1 should decidedh say the tendency would be to settle. 66 The Chan-ma,,.] You think the fall insufficient to keep the slimes in suspension ?—Yes. 67 Mr Bruce.] Then a large proportion of these tailings would remain in the river?— Yes, the greater bulk of them. It would be a settling-dam practically without an extensive area. I do not know what the velocity of the stream is. but I do know that in sewerage-construction a minimum velocity of 2 ft. per second is allowed—anything below that causes a deposit of the silt.

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68. A proportion of. this slime, I suppose, would go out of the mouth of the river opposite the township ot the Chames?—Yes, the finer particles would go out to the Thames 69. Would they have a tendency to settle there?— Yes. 70. And a proportion „o doubt, would settle there, in your opinion ?—Yes, but the greater bulk would settle above tin- Junction, in my opinion. 71. The Chairman.] Why?—] should 'say tha. .he larger volume and greater velocity of the Waihou acts as a barrier against the Ohinemuri at the Junction. In fact, I have noticed a'distinct back eddy there at low water, showing thai .he velocity is retarded by striking against the Waihou ,2 Mr. Bruce.] Ihe impact of the Wai1,,,,, against the Ohinemuri ?—Yes, the stronger against Ihe weaker. " 6 73. Would the salt water have any precipitating effect upon these slimes?— Yes, decidedly ii. hey would have a greater tendency to settle in tin- salt water than in the fresh ?—Yes lhat has been the experience and teaching in the past. D , 75 ' ( ' ,ln J 0 " bact y° ur opinion up by any standard authority?—] could give quotations fr I rofessor Giekie s text-book on geology. On page 310 there is a statement on Ibis subject (6. The Chan-ma,,.] Is that dealing with natural detritus ?— Yes, ordinary natural streamSilt—the finest mud. The addition of HI per cent, of sab water causes a rapid precipitation of the tine mud in suspension. 77. What is the fine mud chemically composed of? Siliceous and aluminous matter. 78. Principally aluminous?— Yes; but all the rocks are siliceous, more or less—it is only a matter of degree. 79. In every olher place Governments have objected to deposits ill main channels or rivers? In one instance, in New Zealand, at Lake Waihola, on the Taieri lliver, the Government stopped it. 80. Mr. Cotter.] Do I understand that you have come forward with this scheme without even having taken the trouble 1,, see the Rotokohu Gorge or Swamp?—l have seen it; I know where it is -the approximate position of it. I know the whole river from her,- up to Karangahake. 81. Have you taken any levels? -Aneroid levels. 82. Have you made any investigation as to the class of country across which this wall would require to be built?— Yes. I have examined what could be seen. 83. Have you taken any soundings or depths, or anything of that kind?— No. 84. Do you know anything about the rainfall at Waihi? — ! have heard what the records show. 85. Have you taken that into your calculations? Yes. 86. Do I understand that you have calculated as to what height you would require to build lhat wall before allowing any of the water, or mixed water ami slimes, to be placed there? No, I have not calculated out the scheme. I have not come here with an elaborate scheme. I have merely come here with a suggestion. 87. In the estimate you have mad,, about the height of the wall, can you tell us what height it would be above this tow,: ? The rise from here, I believe, to Karangahake'is 50 ft., and to Mackaytown 20ft. less, so that it would probably lie 20 ft. above this level, approximately. 88. Do you not consider the impounding of such a large area of water, or water and silt, in such a position in relation to this town would lie a very dangerous expedient?—No, T do not. 89. You are not a resident here? — No. 90. I suppose, from the distance of the Thames, where you reside, you can treat the matter quite philosophically ?—Yes. I think we are out of the zone there. 91. Can you tell the Commission of any place where a town like this is situated so close to an impounding area? Yes. several. There is one town where tl mbankment is nearly treble the height, and the people are not alarmed. In that ease it is silt-water, whereas in this case it is semi-solid, and therefore there would lie less risk. 92. In either of those cases was there any other method available?— Only polution of the rivers: and lhat was the alternative that was adopted to prevent the agricultural interests being affected. . 93. Have you heard the suggested scheme of the alleviation of this trouble by the introduction of a dredge and the cutting-down of willows? —I have heard it suggested. 94. Having a dredge working below Te Puke, and. when necessary, if occasion arose, above it? —Yes. I have heard of that suggestion. 95. Do you think that such a scheme would not be effective? —It might be effective as far as Paeroa is concerned —I think it would lie very effective. It would simply shift the difficulty on to the next chap—say. at Hikutaia or Turua—and it would go down to the Thames ultimately". 96. Is that the only reason why you would not consider the scheme effective?—No: I do not consider it sound from an engineering point of view, because it would he only removing the difficulty from one place and shifting it to another, and that is not a remedy. 97. The Chairman.] Do you think it is a palliative?—l do not consider that it is a palliative even, unless the dredge were continually in operation, and dealing with the whole stream. It would be a palliative then. 98. Mr. Cotter.] Have you had any experience with regard to the moving-power of a river such as the Waihou or Ohinemuri with reference to slimes —I mean material that will pass through a 200-mesh?—Yes, in some of the Victorian rivers. The rivers 1 refer to are rapid-flowing, and carry a large amount of water. 99. Are the rivers you refer to to be compared to either the Waihou or Ohinemuri as regards velocitj 7 and the quantity of water they are carrying?— Yes. 100. What year tire you referring to with regard to your experience?—l9o3-4. 101. In those days was the crushing carried to the extent of the 200-mesh?—Yes, at Walhalla, on the Thompson River. 102. Was that a small plant?— Yes.

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103. Then the general operations of the battel ies were not to grind to the 200-mesh?—No. In that particular case it was all quartz-mining. They were crushed into about the 120-mesh. 104 Is not the fineness of the material very important—in fact, the important factor—in regard to the point we are talking about?—lf the slimes is in question, then fine grinding is the determining factor. _ 105 Then you have had no experience where the mines have, to a large extent, used tne process of fine grinding?—No; that is not adopted in Victoria at all, for the reason that the gold there is very much coarser than here, and is not mixed with sulphides, and fine grinding is not necessary. 106. Mr. Myers.] I suppose in evolving this scheme of yours you gave care.ul consideration to every other scheme that you thought might be feasible?— Yes. 107. Did you happen to be in this district in January, 1907 I— No, 1 was at the Thames. 108. Did you happen to be here in September, 1909?—N0, 1 was in South Australia. 109. Were you here in March, 1910?— No. 110. So that you had not any personal experience of the floods in tins district at those particular times? —No. . 11l Supposing you had 14 in. of rain in sixteen hours at Waihi, what do you think would become of all these works of yours?—lf the scheme 1 suggest were carried out on sound engineering lines, and the barrier were constructed in a suitable place, the great bulk of the rain can be impounded or kept partly in check. It can be controlled. 112. What would be the cost of all this? Have you made an estimate of the total cost of carry ing out such a scheme?—No; I could not even conjecture the cost. I have not the necessary details to go on. . 113. Do you know, for instance, that a large quantity ol other material than slimes is drought down the Ohinemuri and its tributary streams ? -Yes. 114. What will you do with that? —Treat it all alike. 115. Supposing you build up this impounding-area yea: by year, are you not going to affect the river? —No, not as long as you confine the slimes to the level of the river. 116. What is the difference between the bottom of your proposed impounding-area and the river-line at the nearest point? —I should say a good -10 ft. 117. How near is the river to your impounding-area ? -A quartei of a mile off. 118. You are of opinion that the finest particles of slimes go out 1,, sea : what do you mean?— 1 mean that if you take the slimes from the tube mill. J am pretty well prepared to guarantee that they are not all the same size, and that some of them would Ik- impalpable. The weight of those particles would be very minute—relatively they would be very much more minute than the larger particles that come out of the mill. It is only a matter of the degree of line-,ess. I cannot give you an absolute mathematical definition of what a panicle is. 119. One way of gelling at that is—is it not ? through what mesh would it pass? —Your determining mesh is 150, I understand. 120. Do 1 understand you to mean by the "finest particles" particles that will or will not go through a 1 50-mesh ?--Part icles that will go through. 121.Then 1 take it that particles thai will go through a 150-mesh will go out to sea?—No: there are particles amongst those that will go through a 250-mesh, probably. Those particles that will go through a 250-mesh might go out to sea. and others might go on lo a bank a distance down the stream. 122. All you can say is that there an- panicles and particles?— Quite so —some of them finer than others. 123. Mr. MeVeagh.] You have not computed the velocity necessary to hold these slimes in suspension ?—No, not in this particular case. 124. You know Waihi?—Yes, I have been there two or three times. 125. How long on each occasion ? —I think two or three days was the longest time. 126. You have not taken the levels of the country with the view of the construction of these d ams ?—As I said before, 1 have not gone into the details of the scheme 127. I suppose the rainfall is an important matter to consider in connection with the construction of dams?— Yes. 128. And another important matter to consider is "the catchment-area. 1 suppose?— Yes. 129. What is the eatclurient-area affected by the rainfall which you propose to provide against The Chairman : There is no object in trying to ascertain that from the witness when he says he does not know anything about the details. Mr. MeVeagh: Very well : I will leave it at that. William Frank Grace further examined. (No. 65.) 1. Mr. Myers.] You were present when Mr. Baker gave his evidence with regard to the effect of lime upon the colloidal state of the particles under the circumstances he referred to?— Yes. 2. What do you say upon that point?—The lime destroys the colloidal state. 3. Have you any particular reason for holding that view?- 1 have taken slimes which have been precipitated, and after a second agitation —in one case with the addition of extra lime, and in the other case without the addition —there was practically no difference in the rate of settlement. 4. I think you made some experiments with slimes in both fresh and salt water? —Jes. 5. Will you please state exactly what the experiment was, and what was the result?—l took two equal quantities of salt and ordinary town-supply water. We added an equal weight of slimes to each bottle, agitated it, and allowed it to stand. In the case of the salt water the settlement

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began qu okei than in the case of the ordinary water. That went on for about an hour or an hour and a hal ; and after that the fresh water caught up. After several hours' standing the deposit ... the fresh water had settled do* n closer than it did in the salt water. There is a certain acTekra «i-i.. Hie case ~, the salt water to start with, but it never set,l,, down s„ in tl^frett James Edwaed Thomson examined. (No. 66.) I. Mr. Tunks.] You are an authorized surveyor and civil engineer /—Yes; of the firm of rhomson and Farrer, of Hamilton. ' and Te aSS ' V 'v' """.'' S "" K ' °° m P Utations in re * ard the scour of the drain between Gordon and Le Aronat— ies, about six weeks ago. 3 What was it you were endeavouring to ascertain?—The amount of material that had been scoured out of the drain and emptied into the Waihou River of materiilr' "*" ** °' y ° Ul ' calcullltion ? ~' VVil « "We to account for 1,076,000 cubic yards 5. Did that include all the drains?— No. 6. In addition to that, were there any streams?— Yes, Waiorongomai and Wairakau-thev also had been scoured out. A tremendous quantity of stuff had been scoured out of them The drams originally were 6 ft. wide, and they had been scoured out in some cases a couple oTchains 7. .So that the original stuff that was taken out went in too?— Yes the river"* y<m Hlid ' ndicationB of scol,lill B' illo "g tte banks of the Waihou?—] did not go down 9. What was the nature ~f the country?—lt was very easy to scour. There is a lot more to ("I ' II JC . 100 • 10. The < han-man.] What do you suggest as a palliative measure to prevent further stuff being washed into the Waihou fUver?-It is hard to say. The willows seem to do more harm than good - I drams with stop-gates were constructed, would that have the effect?-! hardly think so ' 12. \,,u have no suggestion to make?—No :it must con,,- down until it reaches an even grade' Id. You have not estimated what quantity of stuff it i.s necessary to take out of them in order to bring it down to an even grade?— No. 14. Mr. Tunks.] You mentioned ihe quantity of stuff scoured out: what does that mean ?—lt would mean about a chain in width, 10 ft. deep, and about seven miles long. l: '- Equal ~, the destruction of a road of those dimensions?— Yes. 16. Th, Chairman.] What is the extent of the light pumice country?—l have not been further up there. J7. It might cease in,mediately above?— Yes. 18. Do you know the country higher up the Waihou I—No. There would probably be close o* a milium yards ot stuff from this stream which I have not accounted for. I!). And. again, ihere might not be?—lt is hard to arrive at a definite conclusion. 20. Mr. .Mueller.] During what period have you known this country ?—Only during the last twelve months 21. You do not know during what period the amount yon mentioned represents? No. Joskph Nathan examined. (No. 67.) 1. Mr. Cotter.] You are a stationer residing at Paeroa. and you are a member of the Ohinemuri Count}- Council?— Yes. 2. I think you came to Paeroa in 1895?— Yes. 3. And you took a section in Te Puke Road?— Yes, and I have business premises in the town also. 4. Do you remember when it was, after that, that you were first disturbed by water coming about your gates?— Yes, in 1898. 5. That flood came right to your house? —Yes, about 2 ft. of water was around the section where 1 was living in 1898. (i. And actually came into the house itself ?—Y'es, if came into the lean-to at the back of the house. From that time we have had Hoods round about the house—three or four every year. We have already had two this year. My house is below the railway-station. i. The Chairman.] Did you notice Unit the last floods were higher than the one in 1898? Yes • that was the highest up to that time. The flood in this year was an extraordinary one, and some of the older residents told me they had not experienced such a one for many years! In 1909 there was another big fl I. That was stated to be phenomenal. That was about (i in. higher than the one in 1908. We have had s,, many since that I did not keep a tally of them. The flood this year was also phenomenal. That was about 5 in. higher than the 1907"flood, and about 11 in higher than that of 1908. 8. Is that all you have to tell us with regard to your private property?—We have floods three or four times every year all round the house. They do an immense amount of damage. The 1907 flood occurred in the summer-time, and after the water receded there was a terrible smell all round the place from the decaying vegetable matter, and the hot sun shining upon it. It was a menace to the health of the town, and it is a wonder an epidemic did not break out. The water first came into the business premises in March last. 9. How many times has the railway been suspended?—l think three, in the 1907 and 1910 floods. 10. Mr. Potter.] The last time it came into your business premises and into a number of others? —Yes.

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11. 1 think, on the last occasion it was fortunate that it came in the day-time when persons were at their business, and therefore you were able to remove your stock ? —Yes. 12. If it had occurred in the night-time it would have had more serious el'f-cts ?- Yes. 13. In regard to the last flood, can you tell us of any difference between the watci thai was left behind compared with the- water of previous floods?- No. they are all pretty well .he same. They always bring down mining tailings. The tailings can be seen on the footpaths round about ihe railway-station. On this occasion there was half an inch of very line silt left on the floor of mv business premises. Whenever the river overflows, the domain is a sea of water. 14. You say the last flood left a deposit of silt in your shop?— Yes; we had to scape it off the floor. 15. You have seen water down at the railway-station al Mrs. Capill's boardinghouse—to what depth I—From 2 ft. to :', ft. 16. Can you say whether you have noticed any difference in regard lo the rapidity with which Hoods ~,-cur now cm],arc! with the olden times? The first time the fl 1 was in the street it was not very swift, but the second tune it was considerably swifter, and on the last occasion it was difficult to walk against it —it was splashing up against the verandah-posts. The current was very strong in the main street. 17. When you first came here, how long did it lake for the rain to raise a Hood? — For the first three year's when I came here il rained very frequently—in fact, it rained off and on for weeks, and there was no flood. In fact, there was continuous rain for three weeks. A week's rain really made no difference. But now, aftel two ~,- three days' rain the river invariably overflows at some point : and where I am living it is always in Hood after two ~r three days' ram. IS. To what cause do you attribute the frequency and severity of the floods?—To nothing else but the emptying of the tailings into the river. I have been down the river many limes during the last fifteen years, and I have been at Waihi many times, and I have seen ihe stuff gradually working down ihe river as far as it has gone now from place to place. At one time there was hardly a sign of ii at Mackaytown. Tt has gradually accumulated there. Formerly, in taking trips down the river ihere was none of the stuff perceptible on .he banks: now you can see it everywhere. 19. You know the deposits that can be seen from here to Mackaytown ?--- Yes. 20. Supposing nothing is done will, regard lo those deposits, what ,1,, you think will be the effect on the Township of Paeroa?—l think the township will be absolutely ruined. As it is, property in Paeroa has very much depreciated. '21. The Chairman.] What did you give for your section ?—Thirty pounds. That is, where I live. Now I cannot part with it. I have put a house on it worth £300, and if anybody likes to offer me about half the price of what the house and section cost I will take it and go. 1 would now lake £1115 for the place. The section next to me has an unoccupied house upon it which is getting ruined, because no one will live ill it if they can gel a house anywhere else. It has been empty for a long time. The tenants left it on account of the flood. The property in the town has also depreciated —1 refer to the business premises. 22. Mr. Cotter.] How long have you been a member of the Town Council?— About sixteen or seventeen months. 23. Will you tell us why the Council has not done anything with regard to willow trouble? — Owing to the want of means. 'I hese floods occur so frequently—causing wash-outs 011 roads and al bridges, and doing other damage—that the Council have not the means at their disposal to keep these places in repair, and there has been absolutely no money for clearing the river. 24. The Chairman.] lias your Council done anything to erect a stop-bank with the view of trying to prevent the flooding of Paeroa? —No; so far as 1 know they have not considered it. Mr. Vickerman: You get a lot of your flood-water from the drain at the hack of your house. 25. Mr. MeVeagh.] When did you buy your residence section i A few months after I came. 26. Values were extremely high just then?— No. 27. Was there not a great deal of activity at Paeroa at that time? —Yes, there was a great deal of activity, but you could get a quarter-acre section at from £20 to £30. 28. Did you start to carry on business directly you came here?— Yes. 29. You found business pretty active at first?—Y^S. 30. There has been a considerable falling-off. Do you attribute it entirely to ihe floods?— Not entirely, but I attribute it in a great measure to the floods. People will not come out to shop and do business when they have to wade through water. 31. What percentage in the decline of business do you attribute to the floods?— 1 could not say. 32. Is it not a fact that a great deal of the stagnation here has arisen from the fact that the railway carries the people right through to Waihi I—No, lhat is not the cause. Before the railway was built they used to come from Waihi in coaches, which used to take then, straight down to the steamer or to the railway-station. 33 Is it not also a fact that a great deal of the stagnation in Paeroa is due to the decline 111 the mining activity ?—ln 1895, 1896, and probably in 1897 a lot of prospectors used to come here and stay the first night and then go on to the goldfields. 34.' You say that has had m, effect on Paeroa?—No; I said that the floods decreased the business, but there were other causes as well. 35. You have told us that nothing was done by the Council 111 respect to the willows, on account of the want of funds?— Yes. . . 36. Was an application made to the Government for assistance?— Yes, within the last six months we applied for £1,000, and we experimented with a few of the willows. 37 Was that the only occasion when an application was made to the Government ?—We have made application many times to the Government to have a fair allocation of the gold duty under Ihe Gold Duties Act.

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40. Was it not the Council that got Mr.Breakell's renorl ' \,, • n,* qji+j i• *• 41 Mr \/„e//erl v,,, i nj , ' iN< ■ tne Silting Association. htselnl " *" *• fl ,8 ' " d place 4 "' ' tak€ lt Hl1 " ' S "" , '"' ,S " h "'" 1 ° ase? - X " : " B PP lies to «" inhabitants all round the 13. .1//. I,,-/,-,-,-,,,,,,,.] Where the houses were Hooded that you have referred to «-w «, «w r„"Sn'.ts n dS:v«u»rr j X -* Tl "- - toL °> - iasLtsr.2 11. ft is s,x or eight feet below the bank of the river?—] did not know that. Charles Robert Bbllhtoham examined. (No. 68.) I. Mr. Cotter] [think yon did your best within the limited tune at your disposal to obtain : i"■;.,",.;:;■ '" r r td u \ the * warea and »- 1~ affected .be part destroyed -that is, so damaged as to Ik- useless-and the badly affected area? 2. You are not a surveyor? -No bere fro:n , :h;les; : :!va;,: i Me l :;:',;^ n ''; l ;.f' i ''> •-" *" «" "*» *» which you have tabulated mosttstatcet " " •"" " "" »" ,r,iw ' to be affected?-!,, ueighboursl -VhTisttT '"" '"" "" *"" " l "' s ""* »" ot «» "*>»»**- <™ 6. You have given in this state.,,,-,,. the names of the blocks, and the statement shows the total area held by those persons ?-9 977 acres I rood 7 perches: total area dcs, roved 372, acre, and , perches: total area affected, 7,508 acres I r i. [Exhibit No 60] 7 Can you give us any idea as to what your definition is of " destroyed " and " affected "?- Ihe ,lehn,„o„ ol ■ destroyed ,s, covered with white silt and slimes: and « afield," U^Vered 8 You went on to the land yourself .„ see the inhabitants ?-I„ some cases, on the Ohinemuri River, but not on tte Waihou River. On the Waihou I started to call on the people ontheCv rttl^tntcuSd. COKmiBS,OD 8at ' aDd "' < " d'" 'V ' "'" "" '» "-'• l n-efo,: T^o muri'kSr Sd&tSS™* '"' "'" ' ' " c ' S "" al k »» wW » of the ohi - you ™» "** ' * " li,,k "" *™ «" William McWattbrs examined. (No. 69.) 1 .I//-. Cotter.] Ybu are a general storekeeper residing in Paeroa?—] have been until lately but at present I am land agent and accountant. ' ' 2. You have been in Paeroa continuously for the last twenty vears?—Yes _ 3. At tte time you first came here, can you tell us about the condition of 'matters so far as the river and the floods are concerned ' When I first came here we were not affected so far as tie main street was concerned. re mam 4 There were then slight overflowings of the river, but not sufficient to affect the main street' — the low-lying portions ol the town were inundated occasionally. 5. What year was it that the flood first affected the main street?— January 1907 6. Where were your business premises then/-In the Normanbv Road. It did'not affect the trout portion of the premises on that occasion. A little came in at the back. I was at Rotorua at the tune, but my employees told me what occurred when I came home. i. Do you remember the next flood?— Yes, last year some time. 8. What was the effect of lhat flood so far as your premises were concerned ?—Our back yard was flooded twelve or eighteen inches, and in order to prevent water coming in the front door it was necessary that we should cut away the footpath. When .he premises were built oritrinallv they were a good deal above the level of the street, but tin- street has been built up until the footnatn is on a level with the shop. p 9 The footpath had to be cut away to let the water run under the house to prevent it comin" into the shop?— Yes. B 10. When was the next flood'—.lust a month or two ago—the March flood 11. What was the effect of that flood?-We adopted the same plan with regard to the footpath, but the water cam,- in in spite of what we did, and there was a depth of 2 ft. 6in in the yard at the back, and there was three or four inches in the shop. 12. And',., thai occasion when the water receded did it leave a deposit of stuff on your premises?—We swept it out as th,- water was receding, but there was even then a deposit left in the .shop. r

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13. The Chairman.] Was it tailings?— Yes. li. Mr. Colter.] Thai flood fortunately occurred in daylight? Yes, and we were able to lift most of the furniture. I reside on the premises. Ihe vegetable-garden was completely ruined. 15. What was ihe effect of ii with regaul to your building.' We suffered much damage with regard to the building, and we have had to raise an adjoining building in consequence of the damage done by the flood. 16. So far as you are concern",l do you think that is an end of the matter -these floods?—I should like to think it was. 17. You know the deposits of tailings from the bridge up to Mackaytown?—Yes. 18. What, in your opinion, will be the probable result if those tailings are not removed or dealt with in some way?—lf the floods increase ill the future in the same proportion as they have done in the past, we shall not be able to live here. I!). You have a pretty good idea of the value of property in Paeroa and the surrounding neighbourhood ? —Yes. 20. Has the recurrence of these floods affected the value of property in any way?—l think it has depreciated property very considerably, more especially in the low-lying portions. 21. Do you find it difficult to either sell or lei property in the low-lying portions? —Extremely difficult. Tenants, if they can possibly get other houses, will not occupy houses iii the low-lying port ion of the town now . 22. I think something happened to a house of which you are the agent? Yes; it was lifted bodily off the blocks, and carried to the back of the section. 23. I think even in that ease the inhabitants had some difficult} in gelling mil .'- Yes. There are two houses ihere. and .hey are both unoccupied. 21. I think you tire Secretary of ihe Domain Hoard? Yes. 25. Wha, happened to the domain in consequence of the last Hood? -The whole of it was covered with water, varying from 2 fl. (i in to several feel. The croquet-lawn was entirely covered by watel. and when the' water receded a deposit of sill was left on (he lawn. There was also some amount of sill on .he tennis-court. 26. Mr. MeVeagh.] During the last three or four years has there not been a marked decrease m the Township of Paeroa? Not in permanent population. I think, inasmuch as almost every house here is occupied now. 27. Some few years ago <-wvy house was occupied?—l understand so. 28. And a good deal of building operation has been going on I'm some years?— Yes. 21). Is any going on now?—] think the floods frightened them, perhaps. 30. You think these high floods arc due to the accumulation of sill ? That is a great factor. :;i. In what months did ihe Hoods occur ? -One in January, one in Sep,ember, and the last one in March. 32. How long have you been in Paeroa? -Twenty wars. .;;;. Can you give US any information as to when these willows started to grow?— They were here when I came here. 34. The floods occurred during the months when the willows were in full leaf?— Yes. 35. The Chairman.] We have had it in evidence lhat in the last three years there were fifty new houses built in Paeroa. Can you confirm that, and state where they were built? —I should not doubt it. Most of them wen- built at the far end of ihe town, and some of them on the higher portion at this end. ;>(; |f (bme have been fifty new houses buib in ihe last three years, that accounts for the houses on the low-lying land being empty?— Yes. As a matter of fact. I have only one unoccupied | se on mv books beside the two which I have mentioned which are not habitable. Edward Shaw examined. (No. 7()., 1. Mr. Moresby.] You are foreman to the Ohinemuri County Council?— Yes. 2. 1 think you live at the Junction? —Yes. 3. You have 10 acres of land (here adjoining ihe river? —Yes. I y nc | | t|,i,]K you also lease some other lands from the Natives? I did. Ip till last September I leased 8 acres from tte Natives and 6 acres from Mr. Niocol. 5. All adjoining?- No, one paddock intervened between th, Native block and mine, and the other was high land next to what is known as the hockey-paddock. 0 | ,i,j n k vim have been living on the bank- of the Ohinemuri River for many years past .' Yes. 7. How many years? I have been thirty years in the district. 8. How many years living on the river? Twelve years right on the banks, but living in tintown ihe balance of the time. 9. You might shortly state what the river was like when you lnsi became acquainted with it thirty years ago?—lt was a tine, clear stream -a deep navigable river. 10. Could a steamer go up and down as far as Paeroa ?- -Yes, as far as the present Paeroa -Te Aroha Bridge. ~ . 11. I think the phot,, already produced of the ■■ Ngunguru at the town wharl is your property ?—Yes, lying at the Wharf Street Wharf. _ _ 12. What state were the willows at that time mi the river? 4 hey were a fair size, but nothing to com], are will, what they are to-day—not so bad 13. They have got worse gradually? —Yes. 14. And you consider they are worse now than they have ever been ?—I do. 15 They are thicker now'?— Yes, and retarding the progress of the water.

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46. Do you remember the wharf known as Snodgrass's Wharf? —Yes, well. 17. Has that part of the river, in your opinion, filled up ? Yes. considerably. 18. Can you say how much from the bottom ? Practically 10 ft. there. 19. Have you made observations yourself there' \„, I have not ed they. but 1 know from casually looking at it that is the case. 20. I suppose you know the wharf lower down ?— Yes, Wharf Street. 21. Do you remember the steamers coming to thai ? —Yes. 22. And also the Railway Wharf?— Yes. 23. Did lhat Railway Wharf afford a g I berthage for steamers? Yes. 24. How much do you consider the river has Idled up in that particular place?— Fully 10 ft 2.,. The Chanmun.] Do you mean all across the bed or only along the be,than,-/ Practically across. I have taken soundings there. 26. Mr. Moresby.] When did you take soundings there?— Yesterday. 27. What depth of water did you I here ? The reach from Pereniki's Hend to the wharf averaged 4 ft. II in. on the top of the .id,- when 1 left the Junction to come up. I came up on the 28. What was the hast depth you found?- Three feet. The launch was drawing 2ft 6 ill and we were aground a couple of times. We jus, touched, doing back we had to us',- the pole iii several places. r 29. 'Well, it could barely In- 3 ft. in places ?—Yes. 30. What was the maximum depth you found in that reach?- Six feet in places. 31. Any shoals?- Yes. I have soundings here from the .I unci ion up. taker, yesterday 32. Are you prepared lo put them in?— Yes. [Exhibit No. 61. j 33. A. what tin,,- was ihe tide high?— About 2.15 or 2.30. 34. The Chairman,] What state was the lid,, when you got back to ihe .1 v net im, ?—When 1 left tte Junction it read 2 ft. 8 in. on the gauge. It took me 2 hours and 111 minutes to go up to the hallway Y\ harl and hack, and when I got back the gauge read 2 ft. 4 in. 35. W'hal is the rise in tide at the Railway Wharf? - I cannot say. 36. At the Junction ? I should say. yesterday. 3 ft. I think There might be an error of Bin until I got back. 37. Mr. Moresby.] Can you tell us the depth of water at Pereniki's BenB?- -In tte bend 1 chain below the willows. ,n the bed of ihe river, 17 ft,; I chain above the willows, 1 I ft ■ soundings round the hend for a length of 5 chains gave 3 ft. ~, 4 ft : the average of the soundings from the bend to the Railway Wharf was I ft. II in. 38. The Chairman.] What was the average below ihe bend to the Junction?—] think it would run to about 11 ft. 2m. There were a few holes—one of 20 ft., one of 21 ft and one of 22 ft 3?. What was ihe shallowest place you found on the top of the tide from ,he Junction to Peremkis Bend?—4ft. 9m. immediately below Cooper's drain. All these were taken in the channel m the deepest water I could find. The greatest depth was 22 fl. at Tapu Point 40. Were these holes large sized holes or only small pot-holes?— They would extend 10 ft or I I ft. tor 2or :i chains. The greatesl depth is in Ihe bend, and then below as you come out of'the bend. 41 Ho* many soundings did you take?-! took twenty-six soundings between the confluence ol the Ohinemuri and Waihou Rivers and Pereniki's Bend. 42. That is, in three miles and a half?— Yes. 43. What portion of the bend?— Right in the channel in the bend at the willow-tree 11. Mr. Man 5i,,,.] You live at the Junction, and know that part of the river very well ?—Yes 45. What is th,- state of that portion of the river at the present time?—lt is very much silted up to what it used to be. -Wil' baVG bee " told th6r€ '" " bank " IJp ° sit€ the Ha P c Creek: . vo " k """ *at bank well? 17. And you also know ihe island which the groin comes off?— That is so 18. In your opinion, during .1,,- las, one or two years has that part of the river at the Junction itself got worse?—lt has on the west bank, and half-way across the river: but across to where the little steamer is working is fair depth. The depth at tte coal-hopper at the wharf is 12 ft 9in 49. But at ihe .function itself ?— It is considerably worse than ever it was ic„- s „°' i" «, , US ! T ar °y ear and a half has £t si; ° aled U P at all? ~ rt nas Practically since the 1901 Hood settled it for traffic. 51. Do these small steamers now have a difficulty in getting past that .'—Yes : it is not very hmg since ( aptain Adlam, of the " Rotokohu," asked me to get something done, as he had to go over the point of the groin to find the channel. 52. You know the portion of the river between the Junction and Thorp's Bend?— Yes 53. Has that part of the river improved or otherwise during the last two years?—No- in accordance with the soundings taken I find it has .shallowed up very much to what it was 54. 1 think you took samples of the island at the Hape Creek yourself ?—Yes 55. What does that island consist of?—So far as I could see--and I have teen amongst it all my 1 if<—mining tailings. b *and s in ™ '"" * there? — Tes ' V dv « throu g h U ' got a slight trace of Waihou 57. How far did you dig down?— Four feet. 58. Has thai island extended at all recently ?—Yes, considerably below Hape Creek in length 59. Can you give us any distance?-! consider i, has a total length now of about 15 chains ' d Tdl generally to the Puke has the river narrowed at all, in your opinion?

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61. 1 think you put in some cuts?— Yes, I put two in for the information of .he Commission. 62. What did you find the length of these cuts? —1 think 35 ft., and 4 ft. deep. I might say, although we put them in, we did not get depth to get down t,, original soil in either case. That is my opinion. 63. The Chairman.] 1 suppose you could not mistake the original soil?— No. 64. Mr. Moresby.] Therefore, l may lake it you consider the banks have come in very considerably ?—Yes. 65. The Chairman,] Do you mean more than 35 ft. ?—Narrowed from 12ft. to 40 ft, at that one bank. 66. Mr. Moresby.] And at this other cut .'—lt has come in from about 25 fi. lo 40 ft. 67. What do you average it at? —I should safely say 20 ft. each side. 68. Mr. Metcalfe averages it at 30ft., and you average it at 20ft.? —Yes. 69. From these observations you have made do you consider there is any danger to navigation at Te Puke if something is not done? I think, if things are allowed to go on as they are. navigation must cease. 70. You are speaking about the Auckland steamers?—] am. One stuck over the tide last night at the bend. 71. Is that going down?—lt left at 2.30, and got stuck on the county boundary. 72. The Chairman,] Do you know the shoals al the county boundary?— No. 73. You really do not know much about the river liclow Te Puke?— Not below the Netherton creamery. 74. How much do you estimate the river has narrowed in the Netherton reach?—At what is called Waimarie Bend 1 should safely say in places a chain. Il would average 40 ft. all over Waimarie Bend. 75. And you think the bottom has shallowed then-?— Not in the channel, but on each side of the channel. 76. Mr. Moresby.] There is a ferry goes across the river just below Te Puke? —Yes 77. Had you, as Foreman of the county, to undertake any work there?— Yes, we had to extend the jetty 10ft. so as to allow the punt to reach the floating jetty -,n the opposite side. For six months before moving it we were shovelling silt to allow the punt to come in. 78. So you extended it 10 ft. ?—Yes. 79. Is the punt now able to travel across easily I—On the eastern side it is only a matter of a short time and we shall have to extend that. We never had any trouble with it before —that is, at dead low water on the Paeroa side. 80. What will you have to extend that? —About 10 ft. 81. When will that work be necessary? —It will not be necessary in the winter, because there will be plenty of water in the river, 1 suppose. It depends on the rainfall. 82. The Chairman.] You will have to do it early next summer?— Yes. We have now, two or three times a week, to send men there when, the tide is out to take away the silt and allow the jetty to sink. There are barrels underneath to keep the jetty afloat. If that is not done, the weight of a wagon going on causes the barrels to burst through the floor of the jetty. 83. Mr. Moresby.] So the banks have come out on both sides in the last two years?— Yes. 84. Now, assuming that the navigation was to close at Te Puke, is there any other place lietween Te Puke and Kopu where the steamers could stop with convenience? -Not that I know of. without considerable expense. Ido not think it is possible except at Kopu. 85. If the steamers stopped coming up, do you think that would have any effect in causing the river to silt? —Most decidedly. 1 think it is the screws that keep the channel open. 86. The Chairman.] What are your reasons for saying there is no suitable place other than Kopu?—The next place, I suppose, would be Hikutaia, and that is a long distance from the river to the railway. It would cost a considerable amount to make roads to Hikutaia, and Ido not think you could get a landing on that side then. 87. Supposing you took a place half a mile down, would it not Im- possible to run a jetty out into the stream?— Yes, bin that is not to say it will not silt up too. 88. But the depth of water is there?- Yes, in places. 89. And there is sufficient room for vessels to turn? —I should not like to say that without taking soundings. 90. Mr. Moresby.] Have you taken soundings half a mile Ik low 'I c Puke?- I have taken soundings practically to Alexander's. 91. Are you able to say what the depth of watei is half a mile down, just below Te I'uke ferry, or immediately below the ferry? —I really forget. I think ii ,s 7 ft. Ii in., but I cannot say what the state of the tide was when I took it. 92. You have a knowledge of the floods which have taken place in this district?—l am sorry to say I have. 93. You might give some details of the floods, starting as far back as you can remember? — The largest flood I remember previous to 1898 was in 1887. 94. Was that flood in the Waihou or Ohinemuri? —In the Ohinemuri. 95. What happened on that occasion? —Why 1 remember it so well is that timber came down. and we got the timber against the old bridge, and the water overflowed at Pereniki's Bend and flooded the whole Junction at the time. It is an exceptional flood that crosses Pereniki's Bend at any time. 96. That is before any tailings were put into the river? —Yes. 97. When was the next flood? —The next flood, to my recollection, was in 1898. H was a verylarge flood also. I remember on that occasion carrying people out of live Lane. 98. Did that come down into Paeroa? —Yes, it dammed up the Junction and right through.

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99. Is that the first flood you remember coming down the main street of Paeroa ' Y<--100. What quantity of silt was in the river in 1898?—The whole 10, would not amount to more than a fortnight s crushing in the Waihi Mine now: 4 dare say it would, though 401. Was it very bad at lhat time?— No. 102. Had the river shoaled up at all? —It was showing signs of it above Marslfs^""'""'"' 1 Wl "' M '•'' ~ Alon g tlle banks in **« Ohinemuri—at the island in particular 104. But no. below tte traffic-bridge?—No, JSS" w r ' • ,y ,"' J Wllat ti "" li (1 " 3' v " remember after that J—The next one was the 1907 flood 10b - Was that any worse than the previous floods?— That was the daddy of them all up till 107. I think that came down the streets of Paeroa ?-Yes. I, did a lair amount of damage, and it brought silt with it. b 108. Before that, what was ihe river like with silt? Can you. give us any idea how far the silt extended ?—Silt was noticeable right throughout, as it is now practically, but not to the same extent. 109. And had considerably extended since the 1898 flood?— Yes. 110. What is the next flood y„u know of?—ln 1909, on the 3rd July. That came over the streets. All the floods I have mentioned were big. 111. And the next one?—On the 29th August, 1909—known as the "Queen Dido" flood prophesied by Wragge. We got ready for it. The next one was on the 4th September, 1909 and that also overflowed the banks, and came down the streets. The next was on the 30th March 1910 112. Was that the daddy of the lot ?—That is so. 113 Did that flood cause much damage in Paeroa?—Yes, more than any previous one It caused all the asjdu.lt to be washed away in the streets of Paeroa, and all roads and footpaths had to be cut up to let. the water free from underneath the stores. The water also gol in and covered Ihe domain with 2 ft. to 3 ft. of water. 114. Did it do any damage to the tile drains in Paeroa .'—Yes, it silted up the tile drains 10. Of late years do you consider these Hoods have got worse ill Paeroa ?—Undoubtedly 116. And you consider there is a tendency to get worse?— Yes. 117. What do you attribute thai to?—To only one thing—tte silt. 118. And unless something is done, what do you consider the prospects of Paeroa to be?— "fy V '• Any one who was her,- and saw the last flood would n,,i give much for Paeroa They will have to go. 119. I think you have seen ihe damage which has been caused lo the county roads?— That IS so. 120. What is the total amount of damage to ihe main r,,a,l that the Engineer has reported to the Council?— About £2,100 lor ih,- .Main Road. We call the Paeroa-Waihi Road the Main Road 121. Where did that damage occur?—ln the gorge principally. 122. Mr. Mitchelson.] Could you attribute the damage in the gorge to silt? There is no silt lip there? —No ; to flood. 123. You cannot put that ~n to the silt ?—1 d,, not know ; maybe a portion of it caused it where it has tilled the river high up. 124. Do you mean it has filled the river lower down and prevented the water netting away as quickly as it otherwise would?— Yes. 125. What is the difference in the level where- th,- damage was done on the Main Road in the gorge and, say, the island at Marsh's Flat/—I suppose practically there is close on 20 ft. of a fall 126. Mr. More,by.] Of recent years hay,- the floods risen higher on the side of the Main Road than m previous years? —Yes: we have proved that by our metal-heaps. 127. How do you notice that ?—Since the road has been opened we have always had places for breaking and stacking metal, and the floods in 1909 removed a portion of the metal in one or two places. In the last flood the Council lost some 600 yards. 128. Had the floods previously been up to these metal-heaps?— Just to the outside edges of the heaps. 129. I think there is some heavy machinery t, be carted over this road at the present time? —Yes. 130. You have to bring in all the machinery from Waihi for the Waihi-Paeroa Gold-extraction Company ?—Yes. 131. What repairs have you to effect before you can get ihe machinery in along the Main Road? —Three contracts have to be let. 132. What have you to expend on it?—The Engineer will explain that. 133. Who has to bear the maintenance of that portion of the road between Paeroa and Waikino?—The county. 134. Do they get any contribution from Waihi?—None whatsoever. 135. Is there any other damage besides that you wish to speak of?— Yes: four bridges were swept away over the Ohinemuri. 136. On this portion of the main road?— One of them is not: one is on the old Tauranga Road. Three of them are on this portion of the road. 137. They have to be replaced ?—Yes. 138. Has the water been up to these bridges before?— Never, to my knowledge. 139. You told us at the beginning of your evidence you own some land and lease some land? —Yes. 140. Are there drains going from your land into the river? —Yes. 141. Have yon taken any steps to prevent the water coming on your land?— Yes. I erected a flood-gate with the assistance of the Council. Before the big flood of 1907 T could keep the freshes

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off mv land and keep it dry. I did not mind the water getting in if it was clean, but I tried to keen it back to keep the white paint or slimes from getting on the land. 142 Had you any ca„le?-Yes. In 1906 we started milking for tte creamery with my own paddock and the adjoining one leased from ihe Natives. I was not here then, but my boys did the WOrk 143. How long did you continue milking for the creamery?-! did so for the seasons of 1906-7-8 and a portion of 1909, and then I was forced to give up. 144. 'Why?— Owing to the numerous floods. .\h cattle had nothing to cat. and I was forced to nay for grazing them on high land, and that was too expensive. ~, 145 Owing to the slimes covering the gra* > Fes. My place is immediately under Pereniki s Bend, and I get the full force when it overflows. T , ra 146 It comes right across there?-Yes. My trouble begins alter .he flood goes down. There is nothing at all for the cattle to eat for practically a month unless 1,,-avv ram comes immediately •lfterwards and washes the grass to a certain extent. 147 Before the floods cam,- and Ihe slime, came on Ihe grass, what would your creamery cheque aveageT-I had ten cows milking, and 1 wa- receiving £10 15s. per month after deducting the house-mifk. Tt would average about £9 for eight months in the year. 1 had a good class of ° attle i4B How did you do in your second year?-] leased a paddock on the high ground from Mr. W. G. Niccol, and I used my own land as well. I averaged about £8 that year. 149 And the third season ?—About £6 15s. 150 Were the floods getting any worse?— Worse and worse all the time. 151* And after that?-I sold the cattle in the spring of 1909, very much against my will. But the floods were so continuous in 1909 that I thought it wise to get rid of them 158. Have you any knowledge of what effect this paint, as you call it has on the cattle I noticed in the second year I was milking that if the cows had to feed on this stuff they got a cough»d "hme was a falling-off in the milk and in the test, and in their flesh also. They got P00 T53 So you suffered yourself on account of these floods?-Co„sideral,ly. I grow my own crops -potatoes, &c -to see me through the year, and T have lost them on several occasions. T had a sample of the slimes taken out of my garden, but I neglected to bring it up 154 Mr Mitchelson.] What depth of silt or slime was put on the lan 1 -It forms and sometimes * in. on the top J of the paodbek. Ido not actually get the silt :it is the slimes T get. 155 And of course the grass is poorer afterwards than before ?—Yes. loo' Mr Moresby.] Which is the worst, so far as the grass is concerned-tailings oi■ «l™es?Slimes is the worst. I tried to knock it off once with a brush harrow, but ,t was no good. Once B ? s rr BSt have a perse grievance by reason of h-e suffered loss,, yourself, and therefore I put it to you have a personal grievance?-! consider I have a personal Toss. I had-a good property. 159 How long have you been County Foreman ?-ThreeyearS n fVIA „.«.* • T still 160: And when did you give up your farm ?-In September, 1909, I gave up the cattle, I still h ° ld 161 'dMI understand you to say that before the 1910 flood there was damage done to the road '"' "jf say that the difference between the level of the road where that HS^Vcor^ ln whether you mean that your idea of the difference in level between the road in the Karangahake Gorge where this damage happened and the island near Marsh's farm is 20 ft. or thereabouts?-Somewhere about , „,my^idea. ShOUl l d 66 n0t T b want to ascertain where this road is: is it beyond the Woodstock dam?-At the WoodStOCk l67 all Do h vou a happen to know the difference in level between the Woodstock dam and the end ° f wj.i?™;^- t -;- «**» *«— i v OTei M ™ n th ° Wootek dam and heend Of the Talisman'tail-race is no less than 78 ft. ?-You surprise me. ' IS' \S!StSX tte end of the Talisman tail-race and Marsh's farm is no less than 19 ft.?— Yes rtifferplloe of q 7 ft. or thereabouts, and „„, gi N s^^&r re .*,.-. - - — ***** * »—*■"' -That is not th.- Wof the riwr, lh»ush. . , , hrt , vwn th „ „ rf .-here the dama^ 32% »i£*.TS5 nrsTJtsajK'if'™- «••• - •>? •*» *■»•■ "

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there was contributed to by the silt in the river below ?—No, I should not like to say so. It is more from above. 174. What is more from above?—The damage would be caused from above. 1 75. What do you mean?— Before it came down through the gorge. 176. Do you change your opinion ?—No, I reckon it has helped it. If that island was out of ihere the water would be lower. Mr. Myers.- You may be right, but it certainly seems a shock to common-sense. Mr. Cotter: I do not know whether Mr. Myers is misleading the witness, bul the railway timetable shows distinctly that Mackaytown is 55ft. above sea-level and Karangahake 76ft., so that only makes a difference of 21 ft. Mr. Myers.- That is exactly what lam saving. I said there is a difference of about 19 ft. The Chan-man : I do not think ii is necessary to go any further; we are satisfied on this point. 177. Mr. Myers.] | vain to show the vast difference there is. for another reason, of course. (To witness): You took your soundings yesterday: how long were you taking the soundings? Two hours. ITS. What kind of implement did you take them with?—A long pole with a lead on the end of it. 179. Was anybody with you?— Yes, Lionel Saunderson and Charlie Bray. ISO. Was that the County Engineer?— No. 181. Do I understand you to say lhat (he river has shoaled first of all between Pereniki's Bend and the Junction ?—Yes. 182. Do I understand you to say that the river has shoaled also at the Junction itself?— Yes. 183. An- you saying that by comparing your soundings with your previous recollection or with previous soundings ? -No, because I an, on the river continually in the summer. 184. Then it is your previous knowledge and not previous soundings?— That is so. 185. Do you say that the shoaling at the Junction has been caused by mining tailings?—l do. 186. Are you prepare,,' to admit that the shoaling al the Junction has been caused or contributed to by material coming down from the upper Waihou?—A proportion. IST. What proportion would you venture to say?—l should not like to say it is anything like the proportion lhat if was fifteen years ago, when the draining was going on at Shaftesbury. 188. Would you go so far as to say half-and-half?— Not at present, in that portion. 189. What proportion of Waihou and what proportion of Ohinemuri is the silt at the Junction?— I should say 90 per cent, silt without hesitation. That is outside, and not in the channel —on the island and at Kenny's, down the Hape Creek. 190. And 10 per cent, from the upper Waihou?—Yes. 191. Do you say 90 per cent, of mining-silt?—l do. 192. And do you say 10 per cent, from the upper Waihou, or that the balance of 10 per cent. consists partly of stuff from the upper Waihou and partly of stuff coming down the Ohinemuri, but other than mining-silt?— Ten per cent, other than mining-silt coming down the Waihou. 193. Out of that 10 per cent, other than mining tailings, how much do you suggest comes down the Ohinemuri and how much down the upper Waihou? —I said 90 per cent, comes down the Ohinemuri. We know where the stuff comes from. 1 1.1. Do you say that the channel of the lower Waihou is shoaling just below the Junction? — In some places it is, from my knowledge of it before. 195. To what do you attribute that?—ln the channel itself I found Waihou sand. 11)6. And no mining-silt?—A slight percentage. 197. Negligible? —No. because I proved it otherwise. IDS. Do I understand you to say that between Pereniki's Bend and the Junction there is an average of II ft. 6 in. in depth?— About 11 ft. 3 in. by the soundings I took. 199. You only took twenty-six soundings in the distance, so they must have been a long distance apart, and another man might go over the same course to-morrow and take twenty-six soundings and get quite different results from yours?—l went to the deepest parts I could find. 200. How did you find the deepest parts?—l went to the deepest parts of the river, as I knew it. 201. You got at leasl 22 ft. depth?— Yes. 202. Could you tell what the bottom was there between Pereniki's Bend and the Junction?— At this 22 ft. depth I brought up a sample of silt which had stuck on to the bottom of the pole. . It is very easy to verify it. 203. Is that the only place where you struck silt?—l know in my own mind it is silt all the w ay. 201. Are you prepared to admit that the bottom between Pereniki's Bend and the Junction is river-sand, or do you assert that it is mining-silt?— Mining-silt principally. 205. Why do you say that there has been a shoaling between these two places when you get depths now at 22 ft. and an average of 11 ft. 3 in. ? —I tell you T took these soundings in the bends other than two places in the reaches. 206. Can you explain how it is you should find the Junction silted up—by the Ohinemuri, bear in mmd —when you get these big depths between Pereniki's Bend and the Junction?—l have •aken twenty-six soundings in three miles and a half. 207. I will tell you frankly what my point is: It is that there is no mining-silt between Pereniki's Bend and the Junction af all: and I put it to you, can you understand or explain, if the Junction is silting up as you say with mining-silt, why there are the big depths of water up as far as Pereniki's Hend?—l do not doubt there are pools in the river. They scour each flood. There is nothing extraordinary about it at all. 20?. You say the tendency is for the floods to get worse, and you attribute that to only one t him: the silt ? -Yes, and the willows. T must admit that. 209. I suppose \ou attribute it to the silt and partly to the willows?— Partly.

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210. Do you not consider the question of rainfall is an element? —Evidently it is. 211. Mr. MeVeagh.] You were asked some questions relating to tte levels of the points intervening between the Woodstock dam and lower down the river: you know the centre of the Township of Waikino? —Yes. 212. That is higher still than the Woodstock dam I—Yes. 213. Do you also know the cottage just at this end of Waihi. immediately after you pass under the railway-line along tte road?— Yes. 214. Do you know that people had to be rescued from the top of that cottage?- I believe SO. 215. Mr. Mueller.] You say your land lies between Pereniki's Bend and the Junction?- Yes. 216. You know that land pretty well? —Yes. 21T. Do you know that one of "the suggestions to alleviate this difficulty has been a cut from Pereniki's Bend to near the Junction? —Yes. 21S. Can you give us any idea as to the nature of the laud that would be traversed by that ou tl —From what I saw from draini tg and sinking on my own property it is stiff clay. 210. The Chairman.] Wind maximum depth of water have you seen coming over Pereniki's Bend?—The last flood sent about 2 ft. of water over. 220. And at a comparatively good velocity?- Yes, and the river at my place was considerably lielow that level, because the water had to drop "about 4 ft. into the river when it went over the banks at mv place. 221. Therefore, if the soil was at all pliable or soft it probably would have cut and scoured? —Yes. 222. And the fact that it did not cut shows that it is good clay .'—That is so. 223. Will you hand in to the Commission that statement of the soundings you took?— Yes. [Exhibit No. 61.] Frank Charlton examined. (No. Tl.) 1. Mr. Tunks.] 1 think you arc a farmer residing at Te Aroha?—Yes. 2. 1 think you had a property at Netherton sonic years ago?— Yes. 3. When did you first go there?— About sixteen years ago. 4:. When did 'you leave? —I think, in 1907. 5. Were you there during the Hood of 1901 ?—Yes; 1 left immediately after. 6. What was your reason for leaving?— Owing to the floods. T. Can you describe your land, and tell us who occupies it now?—lt is the Rangiora Block, and Mr. Walter Moore occupies it now. S. 1 think you had disposed of your property before the Hood came? —Yes. 11. What do' you attribute these floods to?—To the drainage of the land, and the swamp sinking behind. 10. What land do you refer to?—The land immediately behind, and the swamp immediately behind the farm. 11. Was the evidence of sinking very noticeable in that land I—Yes, from 2 It. 6 in. to ,i tt. 12. From what direction do you say this flood of 190T came on to your property? —From the back. 13. From ?—I should say from the Awaiti direction—that is, from the upper Waihou. 14. You were still living there although you had sold the property?— Yes. 15. Did you trace out the course of the water, or was this just what was generally understood a, the time?—lt was generally understood that the freshes that came over that portion of the land came from the Awaiti. 16. Did you get any slimes or mining debris at that time? —No. 17. The water was clear? —Yes. 18. I think you have said something about a bank of pumice behind Netherton, somewhere near the school?— Yes ; 1 suppose it is about a mile from the Netherton creamery. That is the course of the waters when the upper Waihou overflows. 19. The Chairman.] Do I understand you to mean that this bank of pumice has been deposited by the waters of the upper Waihou?—lt is deposited there, but 1 cannot say when i, was deposited. 20. Mr Tanks.] It is deposited as a result of the Hood-waters from the upper \\ aihou ?—Yes. 21. The Chairman.] What is the extent of this -bank ?— It would run into 50 or 100 acres 22. What height?—l cannot say what depth. 1 can say this: that a drain that was put through it was about 2 ft. 6 in. deep. 23 Mr Tunks.] In your opinion, that pumice came from -?—From le Aroha somewhere. 24. Was it all pumice, or pumice mixed with something else'?- Mixed, but principally pumice. 25. I think you owned some other land some years ago in another part of the river?— Yes, lg 26 U Opposite Thorp's orchard, in Komataraututu No. 1 Block .'—Yes, aboil, fourteen years ago. 27. Did you ever get any Hooding there?— Yes. 28 What direction did the flood-waters come from there?—ln the hist place the water would come from the upper Waihou, and then, of course, as the river rose it would come from the other river. 29. You got it in the back first and afterwards in the front?— Yes. 30. You had made up your mind to leave Netherton before the 1907 flood, and had sold before that flood?— Yes. . 31 You had made up your mind because of the floods in previous years?— Yes. 32. Mr. Moresby.] You did not want to stay there and gel flooded out like others ?—No. .;:! Things were getting worse, and you thought it was time to leave ?—Yes. 34. You thought you would be a wise man, and get out of it as soon as you could ?—Yes.

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35. I think, for a year or two prior to that things were gelling gradually worse down at Kangiora?—l d t know. I think the 1907 flood, as far as I know, was the highest The floods previous to that came in from the back. 36. But the Hoods had been getting more frequent and worse?—] do not know. 37. 1 suggest lo you that your place was silting up in ihe front on the river?—Yes, wherever lhe w lllows were on it. -'IS. I think you had a boat which used lo lie alongside your wharf at all times of the tide' —Yes. -W- I understand that at low water now n is high and dry 10 ft. away?—] have ma seen it lor tour years, and I cannot say. _ 40. The Chairman.] Had you any damage done to your hind by silt before you left on the river-bank?—No! on the land. 41. ]i was so small as to be negligible?— Yes. 42. Mr Mueller.] This Ivomal a raut ul v land is jus, al the back of the block of land called Ngararah] .'■ I do not know the names of ihe blocks. I bought that block to connect with a Government block I had immediately opposite Thorp's. 13. There was not a great stretch of land between your land and the upper Waihou'—No there would not have been more than 50 chains. 44. So that the Waihou overflowed it- banks about what is shown m, the map as Neararahi? —Yes. * ° 45. That would be a couple of miles above the junction of the two rivers?— Yes. 46. The Chairman.] What was.the character of the soil on your Komataraututu Block ?—Sandy soil. J i~i. How far down have you ever dug into it?— Five feet. IS. And it was sandy the whole way down?— Yes, within a radius of •_>.', chains from the river bank. Of course, you get less sand away from the river. II). What do you get then ?—lnto hard clay. 5... Mr. Mu,l/ir.] The land which y,,u owned further down at Etangiora was not so liable to Hooding as some of the adjoining lands at Netherton ? That is so. 51. You know that most ~f the land about Netherton is of a fairly clayey nature?— Yes, within a radius of half to three M uarlers of a mile from the river. It then falls away into a peat swamp 52. Mr. Mitchelson.] The bulk of thai Netherton land right down to Turua was a kahikatea swamp '?—Yes. solid. 53. The Chairman.] You told us that the evidence of the swamp land having sunk was very noticeable: how did you arrive at the estimate of 2 ft. 6 in. to 3 ft. ?— By the timber left there. 54. The timber roots go down to ihe day?— Yes. .).,. And the soft stuff between sinks down, leaving the stumps standing?— Yes. 56. Mr. Flatman.] Did the willows on the river-bank increase in size to any great extent from the time you first took up the land until you sold it .'—Very much so. When we came up the river first in 1874 there were very few willows on the river. In fact you could almost count them. 57. Do you think the willows help to Hood your land?—] cannot attribute the flooding of that land to the willows. 58. But apart from your own land.' Well. I should say the willows have helped a great deal towards flooding the land. RiCHARn Eustace Williams examined. (No. 72.) 1. Mr. Myers.] You are mine-manager and deputy superintendent, and now acting-superin-tendent in Mr. Barry's absence, of the Waihi Gold-mine?— Yes. 2. You have had experience in mining for how many years?— Forty-three years. ■'I. In New Zealand, or other parts of the world?— England, United States, the Commonwealth of Australia, ami New Zealand. 4. How long have you been engaged in the Waihi Mines?— Seven years and a half. 5. Sup],using it was suggested lo you that you should place back in the -.lopes for filling purposes the slimes produced from the mill batteries, what would you say?—We simply could-not do it. (i. Why not.'—Well, it would be necessary first of all 1,, take the slimes and spread them on the surface and aerate them to get rid of the cyanide fumes, otherwise they would be injurious for the miners at work: and then you would have to put them down in the mine assisted by water. You could not possibly dump them down through the ordinary small filling-shafts such as we have. In dropping six or seven hundred feet they would Income pug. and it would lie impossible to take them out —that is, to dump them in!,, the small filling-shaft into the stopes. T. What would the effect be on the mine of putting this stuff back with water?—The workings would become a regular quagmire. S. A sludge-channel ?— Yes. 9. Whatever people in other parts of the world or here might think about putting the slimes back into the mine without weathering, you say you would not tare to do it?—Of course, they would be no support at all. If it got any side pressure we should simply have mud volcanoes down the mine. 10. It would be cheaper, assuming you could put them back in a wet slate-?—lt would. We would gladly put them back. It pays us better to quarry stuff on the surface at about 9d. a yard than bother with the slimes. 11. Suppose you could put the slimes back in the stopes in a wet state without weathering?— They- would be absolutely useless. 12. Would that lie cheaper to you than surface mining to fill the stopes?—Of course, if we got the tailings up at the mines. The mills are a long way from the mines.

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13. You would have to take the stuff a considerable distance in order to get it back to the mine ? y es 14 Have you discussed this suggestion of filling the slopes with slimes with any representatives of the Miners' Union oi with tte Inspect,,, of Mines? I have not actually discussed it with them I understand .here was an objection raised by the late Inspector ot Mines, Mr. Coiitts, about the oyanide-fumes, and he would not allow the tailings to be put down the mines. 15 That was not a personal conference between you and him : where did you hear thai Iron. - —I do not know that I could name the party. I. was generally talked about, 16. I think you have known of cases where tailings and sands have been relumed to the mines for lilling'?—Yes; in Western Australia most of the mines filled with the tailings. IT Is that the same class of material as the slimes here?—No, it is not. IS liven with the class of material over there, do you know of any particular instance or instances of damage or accident .'-1 know of a case where iwo men were suffocated with tailings. That was in the Paddington Consols Mine in Western Australia. It was put down to the fumes. 19. What is the class of ore that you mine here, speaking generally high grade or low grade? —It is medium-grade ore. running from £2 10s. to £2 13s. to the ton 20 Have you not ore of a lower grade than £2 10s. ?-Yes, more lower grade than above it. 21. Now, supposing you were ordered to adopt a process which would result in adding, say, -~ 2s 6d per ton to your working cost, what do you think the effect would bet-1 should advocate and'recommend tte taking-out of the best ore, and leaving the balance in the mine. 22 1 know you cannot give us anything like accurate details, but can you say whether the quantity which you would then recommend being left in the mine would be small or large?-It would be a very large quantity. _ 23 Mr Vickerman.] What percentage?— That is a very difficult matter. 24. The Chairman.] What is the lowest value of the ore you are working?-We can work ore "25 Mr Myers. I And you have ore which is worth considerably less?— Yes, 10s. 26. But which you are able to work now?—We work low-grade ore by mixing it with the highe._g, der pr€Bumably t|R . low . grade ,„,. has to come out of the mine at the same time as the high grade?— Yes, under our present system ol working. 28 Now supposing that very low-grade ,„,- wcv left in the mine do you see any prospect ot its ever being worked al„,„- after the rich stuff has been taken ,„„ ?- -Absolutely no. 29 You have a big dam :isit at Waik'ii r Waihi ?-It is between-about a mile and a half below the Waihi Mill. MO What is the carrving-oapacity of that dam? —I cannot tell you. Si Wha! is the maximum ,lepth?-I think it is 10ft, a. the weir. It is about 110 ft. between tk ' W 32 g DO you remember there was a big Hood a. the end of March, I910?-Yes 33 Did anything happen to .he dam .'-About 3ft. ol earthwork at the back ol the wing was washed on. down To within 2 ft. „f .he weir. We managed to stop it with two or three bags. 34 \t all events, we may take it that the dam did not carry away, or any part of it .'-No. 35 The 'ha,,man.] Did any water come over which would otherwise no have come over?--|)liril l„. „ ia , Hood the water rose 5 ft. above the wings, and the wings are 8 It. above the weir. •te, Tin I understand the weir is 110 ft. long?—I think that is so. 3," So you had 13 ft of water running over the spillway ?-Yes, and the earthwork made a b j, W att din to within two or three feet of the top of the weir, and we stopped it, and then ran -,'concrete- wall below lhat to make a permanent job and prevent it occurring again. 38 So the rumour we heard that the weir carried away and a large volume of water can.c give us a„, idea of the quantity of tailings ym. were discharging ,;:;; m; ;, „„. ,-iver when you wen. ,0 .he Waihi mine seven years and a halt ago !-* c were ISt ~, , treating? .What I mean is this. You do " same state of affairs as existed seven years ago c -It always exists in any lode . Vrttons Of il may be low-grade, worth probably 1 0s.. and the other may - w-tt U but by mixing and averaging we cannot very well cave a portion. If m had a huge - ~ : , '4:h:: d t- , u-^;rs:;nd , ;,,,^.t I ;,,dv ss %% t& r rf rrl %% we could leave. ;■]■ t ;c,;* iT;i!,;\:'\;::.''!1,1,,t;;"",,,......... **. ->»- *-<-■"«• *>*»>• ir%r*lTJ£ l r^ il Sr»'d,< fere »»,-T„,«, ***, - ■ «■»■ ««»■ Z*i2z*, 'Je i ar&= -- close up ?

R. E. WILLIAMS. J

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48. No, Ido not. I would not suggest such a thing if the imposition was to be £1 per ton, let alone Id. You do not treat ore except what you expect to return a profit?— That is so, if we know it. 49. What is the margin of profit you allow before y,,u will reject the treatment of any cla.--s of ore?—l do not think that is a fair question. Mr. Mye/s: I do not think Mr. Cotter should ask questions of that kind. lily. The Chairman: You cannot ask them to disclose their business, Mr. Cotter, if they object to it. Uesides, 1 am not sure that Mr. Williams is in a position to give you the information. 1 presume he is instructed from the head office as to what he is to do. (To witness): Are you in charge of the mine? lam in charge of everything just now. Mr. Cotter: Do you think there is any objection to giving me an answer to the question as to what is the lowest-grade ore that you treat at the battery? Mr. Myers: I take the responsibility of telling the witness he ought not to answer the question. We a,,- quite willing to give the Commission that information, but not publicly. Mr. Cutler: lam quite willing if the witness will put the answei on a bit of paper. 1 presume n.y friend will have no objection to my showing it to the Commissioners? Witness: J shall not pin anything on paper. 50. Mr. Colter.] Do you really mean that? —Absolutely that. 51 . You mean you could, but you will not?— That is so. 52. Mr. Mueller.] I understand that the Waihi Company is inaugurating an electrical scheme a i Horahora? —Yes. 5:!. And by that method you hope to cheapen your est of production to a certain extent —Yes. 54. Ami by getting in that electrical power you hope to be able to t real still lower-grade ore than you have been Heating in the past with profit? -That is so: we an- trying to make reductions all the time. 55. Anything you can save on the cost of production allows you t,, put through a cheaper class of ore ? —Yes. 56. About seven years ago you were putting through so.) ~,- 900 urns a day, and at the present time ?—We are putting through, roughly, from 33,000 to 35,000 tons in twenty-four days —about 1,420 tons a day. 57. With this electrical scheme your great plan will be to try to put through a larger quantity of stuff, and so save cost?—We are increasing every year. 58. And with this electrical scheme you hope to still further increase?— Yes. 511. When do you expect to have this electrical scheme in operation? I should say, in three years. 60. If this soheme turns out as you hope it will do, will your company not work the ore which has lieen left in the mine up to the present time? —No. You mean, left as unworkable and unpayable. 61. When you have your electrical scheme, will you not go back over any part of the mine? —No. 62. Your main objection to putting tailings down into the stopes is the effect of the cyanidefumes?—No. There is no support at all, and in places, in putting that stuff down we should lose half the ore through the quartz sinking through the slimes. Tt is regular pug. 63. Cyanide-fumes are another reason? —Yes. 64. You know it has been done in Western Australia and is being done? —Yes, but the conditions there are quite different. You can put tailings on the surface, and they simply bake in the sun aud become dusty. 65. How long is it since you had anything to do with the mines in Western Australia?—l was over three years ago for a visit* 66. How long is it since you have been actively working there?— Nine years. (IT. Can you tell us what percentage of this 1,400 tons per day passes 150-mesh?—l think al the present time about 80 per cent, passes the 190-mesh.

Pakhoa, Friday, 3rd June, 1910. Edwin Grippbr Banks examined. (No. T3.) 1. Mr. Tunks.] You are the chief metallurgist of the Waihi Company?— Yes. 2. You produce a number of samples taken from ihe Waihou Kiver?—Yes, they were taken by myself and Mr. Stewart from various parts of the river on the 24th May. There are twelve samples. 3. The Chairman.] How did you take them?— With an iron scoop. As I have said, they were taken from various parts of ihe river, and I saw each sample drawn up. Waihou Hirer Bed Sam/i/es. taken on the J.jth May by Messrs. Sleirarl and Banks. (Exhibit No. 62.) Alexander's Wharf: No. I, 25 fl. from edge of low water, right bank, 5 ft. of water. No. 2, three-fifths ~f the way from right bank. Ift. 9 in. of water. No. 3, three-quarters of the way from right bank, 4 ft. of water. Next wharf below Alexander's: No. 4, 100 ft. from right bank, 3 ft. 6 in. of water. No. 5, 100 ft. from left bank, 4 ft. of water. No. 6, 80ft. from right bank, between the two wharves, 3 ft. 6 in. of water.

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Waimarie Bend: No. T, 33ft. from water's edge (inland), bottom of hole 2Tt deep. No. 8 ( n„ sample kept -all mining-silt), 20 ft. from left bank. 3 ft. of water. No. S. -10 It. from lefl bank, 4ft. of water. No. 9, 45 ft. from right bank, 1 I ft. 6 in. of water. Just above (lillard's house (at place mentioned by Wight): No. 10, 35 ft., from hit bank, 6 ft. of water. No. 11. centre of river, 5 ft. 6 in. of water. No. 12. oil ft. Iron, right bank, 4ft. 6 in. All samples were taken at nearly low tide. Nos. 1. 4, 6. 11. 12. show what might be a very small percentage of mining-silt; No. 8* was almost all mining-silt: No. , was line silt clayey material, and organic matter. All the samples excepting No*. T and 8* consist almost entirely ol ordinary coarse and tine river-sand and pumice. Some of the samples show blue clay from the river-bed, thus showing that in those particular spots there is not any mining-silt below the riversand. Charles Bray examined. (No. T4.) 1. Mr. Cotter.] You are Engineer to the Ohinemuri County Council ?—Yes. 2. And you came to Ohinemuri in August, 1904?— Yes. 3 You renamed County Engineer for what period? From Angus,. 1904 until April, 190, and was reappointed las, December, and took office in January. I have hem, living m Paeroa a Tmf McArthur was the previous County Engineer in 1904?- Yes, Mr. .1. F. McArthur. V From August 4904, have you been well acquainted with the Ohinemuri and Y\ aihou Rivers . I am fairly well acquainted with them, particularly with the Ohinemuri River. 6 And with the county roads ? —Yes. T. At the lime you first came here, in Angus.. 1904, 1 think the Auckland steamers were then ""• up from Te Puke to the Railway Wharf and the..unction?Scows and loaded punts. „ , _ . o j • ,i,, 9 Take the bed of the river opposite the Criterion Hotel. Paeroa, down to Snodgrass s old wharf from 1904 up to the present time: has it remained the same or not ' Certainly not. li). |„ your opinion, has it lowered or risen ?-4'he whole section has risen and closed ill. eweiit orobablv in one portion of the stream. ..,.., • j 'l l' The bed has risen to what height?-! have no former knowledge of what it was to judge from the sections taken. There must be fully eight or ten feet of silt in there. 12. The Chairman.] That is, in the bed oi the river?—Ves. 13. Right from the bottom? —Yes. 14. That is only an expression of opinion?— Yes. „. , , 10. Mr. Cotter.] In'the ordinary run of the river what is the posit,,,,, oi that now I—lo shoal the river ,11, very considerable. , . , . u ' l]|o tinu , came ,„„, wh€re d i d you live?-Jl.st on .he other side of the bridge. 7 You had t'requenl occasion to be on the river: what was the depth of he bottom of the ,-iv,, at that time?--Immediately opposite the house and a little above .he bridge I should say the.c was fully 6 ft. of water. , IS ' You left that place, I think- three years ago? —Yes. ,!,. A,„l at the time of your leaving was there still 6 ft. -No. not by any means. •X) What was the position?-] judged that it was 6ft. by paddling down the nvei with the view of examining the pics of the old wooden bridge. Before I left tha, place to live elsewhere, , who were some ten and twelve years of age. were able to walk right across the river ' 21 Mr. Vickerman.] It would be only about IS in. deep?-I do not think it would be anj mor€ 22. The chairman.] And „!' curse the river had not widened*correspondingly?—No; it had ° loBe 23 in Sr CsSrtlri the banks th o closed in as much as they now are. or have they since that time Isfd in , -ei-1 think, above the bridge it has probably closed in more. A, tte bridge it is re-illv a little wider now than it was las. September. 24 The Chan-man.] At the time of the March Hood how high below the traffic-bridge was the high-water level? -The last March Hood was at the top of the par, carrying the truss. 26' Mr" S:.f^t level of the river is concerned from Irishtown up to Mm^Jbiink 27 Previous to the March flood were there considerable deposits of mining tailings extending " P to me to have swept most of the,,, away. H something to say about near the Mackavtown has been that bridges have been swept away.

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-12. The Chairman.] How many bridges?— There is the Tauranga Bridge. It was a three- or four-span stringer bridge with concrete foundations and timber legs. The other bridge lower down was just below Waikino, and was known as Bonner's Bridge. It was a suspension bridge. Ihe third bridge was a suspension footbridge al the Owharoa Station—the Mackaytown Suspension Bridge. I might correct a statement that Mr. Shaw made last night. He said the whole of the four bridges would have to be re-erected. He overlooked this fact as to the Owharoa Bridge: that i here is no necessity for that, because a traffic-bridge has lieen built just below it, and that bridge was not affected. :',:',. Mr. Caller.] Are those the whole of the bridges affected by that flood .' — No. The bridge on the Mill Boad was washed right off the foundations, and what'is known as Cooper's drain at Bertelsen's suffered. The new bridge that has been erected on the I'acroa-Waitoa Boad was lifted right mil of position, and will have lo be replaced. The list 1 have given does not include little bridges and culverts. 34, Now with regard to the damage to the roads?—The main damage received on the road was on the l'aeroa-Waihi Boad—the Main Road. There was more or less damage done all the way on the Main Koad from the Waikino Bridge down to Irishtown, or Doherty's Creek. That road is really now unsafe for vehicular traffic—that is, to the gorge; it would be'unsafe for about half a mile altogether. The estimated cost of repairing the Main Boad only—widening it, and the necessary protection-works—is estimated at about £2,300. 1 mean widening it to a width of 16 ft. That would be a little narrower than its original width. 35. I suppose you are going to do the work in a more permanent way than it was before?— The road apparently was as sound as it could be. The road will be cut right back into the solid rock. We will not attempt to rebuild it. In the gorge it is proposed really to cut a gallery out. •'lli. These road-repairs are not contributed to by any other body; the Ohinemuri County Council has to pay the whole cost: the Waihi Borough does not t tribute to that portion of the road?- There is one short pice at Waikino which we have repaired at a cost not exceeding £20, to which the Waihi Borough Council has contributed one-third. Below Waikino the county has the whole responsibility. 37. You can tell us now, so far as the Ohinemuri County is concerned, what proportional part of that is rateable property?—'J he estimated area of the county is about -'106,000 acres, and, as near as I can arrive at it, approximately about one-ninth of that area is rateable. 38. How does that come about?—The area, taking the Waihou River as being practically in the centre of the county —on the eastern side of the Waihou River the whole of that area is within ihe goldfields area, and the greater portion of it not taken up by mining claims is in the hands of the Crown at the present time, and pays no rales. •'III. Do not the portions let on pastoral lease pa_\ rales ?- Yes, but they are a very small part of the eastern portions of the county. Only one-ninth of that country includes property from which the county can collect rates. 40. Can you give the Commission any idea as to the area owned and occupied by Natives? —No. 41. With regard to the rivers we are speaking of, can you tell us whether the Natives own considerable portions of land adjacent to the streams?— Starting from the junction of the Ohinemuri and Waihou Rivers, nearly the whole of the land along the banks of the Waihou Biver to the southern boundary of the county, with the exception of one or probably two sections, belongs to the Natives. Upon that land, so far as I know, no rates are collected. 42. You have told us about the overflow wash near the Mackaytown Hotel : a little lower down than that is Mr. Marsh's place?— Yes. • 43. from the time you came here in 1004 up to the present time will you tell us what alteration, if any, has been made to that place? We only want your general observation and general information on the subject?— Apparently there is a great deal more silt on Mr. Marsh's place now than when I came here live or six years ago. 44. That is the place, where the lied of the river litis risen because the slopes of the sides have closed in? —Yes, the sides have closed in. 15. At Mr. Cock's and Mr. Barrett's places the same answer. I suppose, applies to them?— Yes, because when I came here One could not see silt on the upper, banks of the river like there is now. 46. Practically what you say is this: that since you came here the silt has extended to that flat land? —Unquestionably, in those ports of the river—at Mr. Cock's and Mr. Barrett's in particular. 47. And at tin' Chinamen's gardens and at Buchanan's? —They are not in a similar position. 48. Since 1901 what is your idea with regard to the floods in the township?—The first flood I have knowledge of was that of 1907. The ones previous to that we should call freshes. 49. From 1904 to 1907 they were merely freshes? —Yes. The 1907 flood was really tte Mrs. Hood 1 had experience of in the district. After that, the next flood I have a note of is that of last August and September. There were practically two floods within a week. There was a great deal ~f difference between the two, but there were two floods, one in the latter part of August and the other in the early part of September. The first waters had not gone off before the second waters came down. The last flood, in March, was an exceptionally large flood compared with the other that I had seen. 50. That was worst?— Unfortunately. I can give you the different heights at the Paeroa Bridge for 190T, 1909, and 1910. Af the Paeroa Traffic-bridge, we will take as a basis the 1907 flood: the top corbel of the bridge was awash. The other.flood did not come up to within about II in. of that—namely, of the September flood. The flood in March, 1910, was 8 in. higher than the January flood, 1907.

25—C. 14,

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51. In your opinion has the condition of the bed and banks of the Ohinemuri River—their present condition —in any way contributed to the damage caused by those floods?—I should think that the condition of the river would materially contribute to the damage. 52. Why? —Owing to the very large deposits—if I may use the term —of silt and debris; also, I think, to tlie very large amount of obstruction by the willows. The willows in the river act as a catchment for debris, etc., and have materially retarded the natural flow of the water. 53. Do you consider that the willows have lieen a contributing cause?— Unquestionably. 54. You do not consider them the sole cause?— No. 55. In many places in this river do you not find very large deposits of mining tailings where there are no willows?— Yes. 56. Taking the condition of the bed and the banks of the Ohinemuri Biver above the trafficbridge, do you consider that the present condition of matters is a serious menace to this town?—l certainly think so. 57. Will you tell us, as County Engineer, in general terms, what was the damage done to the town in the last floods?—The damage was chiefly this: Our light bridges were pretty well all lifted, and the whole of the Main Boad was swept with the floods, with the result that all the fine stuff on the road was affected. It was an excellent road. The flood swept along the whole of our road —more particularly in the main street and the roads on the western side of the main street. The whole of the asphalt in certain places was affected. In regard to the streets, from the county point of view, that was really the greatest damage done. New footbridges had to be put in at several places. 58. So far as the river from here to Te Puke is concerned, the banks are pretty well covered with mining tailings?—l should say that then' are heavy deposits of tailings from the Paeroa Bridge down to, say, 20 chains below Pereniki's Bend. And from there going down the river there arc more or less heavy deposits on the banks; but I am inclined to think that there is very little in the bottom of the river. That is from the 20 chains below Pereniki's Bend. At Kuaoiti, on the right bank of the river, there is a very heavy deposit of tailings. 1 may say in reference to that that we have had the experience of men who have been trying to find a section-peg, and who have not discovered it, and they went down 16 ft. doing from there down the river there are more or less silt-deposits on the bank of the river until you reach Suck-in Bay, opposite the Ngatomo Block, where there is an enormous deposit. That is just about the Junction. From Suck-in Bay, going down the river, there are not many tailings showing practically to the Junction, and there are very few tailings showing until you come to the island at Hape Creek. At Hape Creek there is apparently a shoal or island of tailings formed, varying a great deal in width and in extent—l should think fully 8 chains. I have the sections which have been taken from time to time, which will show that the amount of the deposit extended over a period from 1901 up to the present time. [Exhibit No. 63.] Section No. Bis opposite a bridge at Forest Hill, above Hape Creek. Section No. 9 shows you a still higher deposit of tailings, at the bridge near Mr. Kenny's —that is, the bridge over Hape Creek. I have also here two sections of the Ohinemuri Biver (Exhibit No. 63 also). Section No. 1 is practically on the river by Brambey's. This is the last section taken since the March flood. Section No. 2, at Pereniki's Bend, has only been taken twice. The pegs cannot be found; they have been completely buried by the tailings. Section No. 3, near the Kuaoiti Creek, cannot be found now. Section No. 4is near the old mill. It appears that the March flood has swept the two pegs clean out of the river. At Shaw's Bend the pegs have not been found for many years. No. 6is near the Junction Wharf; but as a matter of fact it is up the river some 5 chains at least from Mr. Shaw's house. This is the last section. It has deepened very considerably. 59. We have got to below the Junction. Will you tell us the conditions of the river from that point to Te Puke? —Yes; there are, of course, as I have stated in reference to the Ohinemuri, banks of apparent mining-silt formed in various places along the banks of the river. I might refer, for instance, as we are going down, to McKee's frontage on the left bank; and then as you go down to Thorp's there is a very large deposit on the right bank. That deposit—l do not know exactly what depth it is, but it is several feet deep, and goes fully 40 ft. out. In dredging along different portions of the river with the view of ascertaining if there were tailings there, I may say that when we got into the channel, generally speaking, as far as the naked eye can judge, there were no tailings, but when you work out and across towards the banks you seem to get a few tailings. 60. The Chairman.] Where is the first place coming up the river where you find silt in large masses in the bed of the river?— Not until you get to 20 chains below Pereniki's Bend. 61. Mr. Cotter.] Let us continue on down the river?— There are large and small silt-deposits on the banks. I cannot help thinking that it is only a question of time when they will close in to such an extent as to very materially reduce the sectional area of the river. 62. What have you to say with regard to the Netherton tailings?—l can only practically confirm what Mr. Shaw has said. 63. You have seriously considered this question of the silt affecting the river, and I think it has been on your mind for a number of years?— Yes. 64. You have told us you think that if nothing is done it is only a matter of time when the lower river will be seriously affected?— Yes. • 65. In your opinion what sliould be the first remedial measure that should be adopted? You have heard a dredge spoken about. Is that, in your opinion, the first remedial measure that should be adopted? —For the navigation of the river? 66. To protect the navigation of the river? —Yes; by using the dredge I think the sectional area of the river will be improved, and also its carrying-capacity. 6T. You have read Mr. Breakell's report?—Yes.

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• ifu. D ° } Z U J? Br<X : vi , ,h , tl f t - that a I; "'ge or considerable portion of the dredged material might be profitably used both by the County Council and by the Government f—lt mSt be used for light roadwork in certain places. s 69. It would not do for heavy traffic ?■ -No, I do not think so. 70. Do you consider that the willows should be attempted to be cut before the dredce is there and in working-order?—No, I think not. aieage is mere 71. In your opinion the cutting or rooting-out of the willows should proceed-from which end, the lower or the upper end?— From the lower end, I should say, and work up 72. What do you consider with regard to the questions of only destroying them or of actually rooting them out?-I think I should not root them out. I would personally B prefer cutting then, down-the bole of the tree-practically Hush with the bank, or the ground on which'thev are growing. I might say that I have only had one experience, and it acted very well. I think if the young shoots were subsequently cut off, the trees would gradually die. 73. The Chairman.] Can you give us an estimate of the cost of cutting down the trees at present existing on the banks, removing them from the banks, and removing any snags and stumps which have fallen into the river?-! have prepared an estimate. In my estimate I have praoticX provided for dealing with willows from Te Puke right up to the abattoirs-about nine and a half miksd river. I estimate the cost would be £320 per mile to cut all the willows down on both 74. Mr. Mitchelson.] Why stop at Te Puke?-You have to stop somewhere. The trouble is not so serious at present below Te Puke as it is above there. I reckon on cutting down the whole ot the larger willows, especially those growing on the bank and those overhanging the banks and removing the trees to suitable places, and burning them, if possible, after become dry Ts to the willows growing well over on the permanent banks, 1 should only recommend that they be cutback where necessary, and trimmed, and kept in their proper place. ' I do not think it ineces sary to interfere with the willows that are growing half a chain or more from the bank of the ™ toll o7o S 3 g £!' r" f } ' S "'° ,"" a PP roximate estimate. The estimate of the willows comes Sme rfver PU * *"'" £36 °- that 1S > »»°*V»g "here required on the 75. Mr. Cotter.] It has been mentioned by Mr. Adams that in conjunction with yourself there was some suggest,,,,, about alter,,,, the meeting-place of the two rivers at the Junction?-Yes Mr. Adams and myself, alter discussing the matter, decided to recommend making a cut below the Junction about the northern boundary of the Native reserve known as Raupa. Personally hTsuggeld mg C ° ming iHt " Btream at a m ° re ; ' CUte ™& than Adams 76. Do you still consider that it is advisable, for the purpose of clearing the river and keening it open or navigation, to make this cut?-I do not know, after all and done that it affects that matter very much, but I certainly think it would have a tendency to imjinwe tle Waihou Biver above the cut because it would give a more direct entrance and increase the veloetv 0 the current and would have a tendency certainly to improve the Waihou, and for some 1 ttie distance below the new confluence. l " ult N,thlLnVT ld ' mF™ ° P . ini J ° n ' ''"I 0 B ,L '" dellc y t0 P"vent the overflow which goes down by Netherton ?—lt would have a tendency that way, of course. •* 78 The Chairman.] What is the nature of the ground-soil or day? Is it suitable for a cut I— l understand from what Mr. Adams said that he considered it is clay' ,o t/p,,?"' G T er '} Ha / 6 y° U °onsidered the larger cut-the Ngararahi or Metcalfe's cut-down to le Puke: its cost what beneficial effect it would have, in your opinion, and whether it would be worth the expense that would be incurred; whether there would be any' objection and f o what?-! think, from the flooding point of view, it would probably be very beneficial to tne and on the western side of the Waihou Biver, but 1 certainly cannot agree with Mr Met-a c when he estimates that it would cost £4,000 to make a cut, and says let the river do the res c" ten might i b 2riou.. t,,at - ° all ° W an i """ 0I1Se '"" b ' ° f WateF Uke "" WaihoU .LSSS 80. The Chairman.] You would take the cut down to the full section at once?— Yes -Yes CUre mlg bC "' UCh W ° rSe thi '" the diseaSG if y °" had i,n nverflow of the channel? 82. Have you taken levels between the top and the bottom of that cut?—No 83. Is there a serious fall in that portion of the river?-T should say. apparently as far as "lie can judge the tall in the Waihou appears to be about a foot per mile,'so that one could easily approximate what would be the fall between the two cuts 3 the " ,hC lOW6r Wa *- ? -*es; a™ "bout an Bft. fall from 85 As to the nature of the land in the Ngararahi cut, is it clav?-Yes; it may have a pumice ofthe banks "" eaoh side ' but th >™ I * iocai - "Ksss 86. The plan at McKee's shows stiff chn ? Yes; I was speaking more particularly of .he country abou McKee's and lam basing my conclusion on thai. 1 see the diZenceTn the of the river Iron, le Aroha to Maugaiti is 9'lC. T remember that in making the tting up we faU ° f ~,€ "' Ver " aS ** aWt thG Same - ft haS all " he 3 . 87 - y ''' r ""'\''-] In your idea of dredging and cutting willows do you anticipate makine the UP t0 Pi — ? ~ The *-. --y opinion, could b/made na^g! d,,c up''p, £

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88. The Chan-man.] That is desirable.'—Yes, but the magnitude is very great, and it might break its back. 89. Have you any idea of what tte trade to the Railway Wharf was before tte last boat came up six or eight months ago?—l was informed that there were at least from three to five scows thereat the time The American fleet visited New Zealand in 1908. The trade has slowly diminished until it has reached a vanishing-point. 90. Is it not a fact that the steamer cannot get up and down on the tide—that the distance is too great? —I understand that has been stated. 91. Mr. Colter.] What have you to say with regard to the proposed cut at Pereniki's Bend? And in answering that question I should like you to consider the position of the extraction company? We have to apparently keep them in view nearly all the time. 92. The Chairman.] As to the improvements of the river with the view of-reducing the floods and protecting Paeroa, what do you think should be the length of Pereniki's Cut at the bend?— In my idea the cut as suggested by Mr. Metcalfe would be too direct. T think the cut should go in front of Mr. Shaw's house instead of at the back of it. 93. Assuming that it goes in front, what length would it be? —Thirty-two chains ami a half. 94. What do you think the difference in the levels would be at both ends?— Seven inches and a half—that is, by water-level. 95. This cut would cut out 3 miles and 40 chains, and substitute 32J chains? —Yes. 96. So that you would save over two miles?— Yes ; 3 miles 8 chains. 97. And that would give you a reduction in the water-level at Paeroa? —1 do not see how it could help doing that : it must do so. 98. And would that give a more direct flow for the floods and freshes, and would it not tend to reduce them?—l think that would be unquestionable. 99. As there is only a difference of 7J in. between the ends, what effect would that have upon the waters in the meanders—would it be a matter of more than inches; would it Ik- back-water without any direct current through it?— Yes. 1 may add that there is a very marked difference between the height of the bed at the lower end and at the upper end of the cut, and 1 think that in flood-time the velocity of the water would increase very considerably through that cut. The result of that would be, 1 should think, that the waters above the cut would be lowered verj materially. I think the result would be that the water under normal conditions would probablj be a foot lower at the upper end. 100. Then, practically, we have arrived at the question you have been asked, that it would not affect the extraction company to any serious extent .'—l would not take it upon myself to answer ti question of that sort. 101. Do you hold the opinion that mining tailings have c c down the river until they have got to 20 chains below Pereniki's Bend ?— Yes, that is my observation. 102. And successive floods may bring the stuff down, and that shoaling of the bed of the river may go on ?—Yes. 103 1/r. Cotter.] Will you kindly tell the Commission what is the length of the mileage of the roads that you have to keep in this county ?—Yes; the total is 220 miles of roads and tracks, and a proportion of those are main roads—viz., about 60 miles. What 1 would call district roads would be about SO miles, and there would be about 80 miles of tracks. 104. How many mining townships are there in the Ohinemuri County exclusive of Waihi?— Waitekauri, Waikino, Karangahake, Mackaytown, Komata. 105. The construction and maintenance of roads to and from mining townships is very heavy ? —Yes, the cost is heavy. 106. And the same applies to any necessary bridges?-Yes : where you have to erect a bridge going to a mining district you have to prepare for heavy traffic. 107. I think you took certain samples of material from the bod of the river?—l look one sample from the river-bed. 108. Who was with you when you took the sample? —Mr. Shaw. 109. And those samples after being taken were sent to the Dominion Laboratory?— Yes, to Dr. Maclaurin. , . . . ~ 110. And it has been only since the Commission commenced sitting that you received the report?— Yes [Dr. Maclauriu's report: Exhibit No. 64.] 11l The Chairman,] In giving us the cost of repairing the roads you omitted to give us the cost of reinstating the bridges?-Yes. I might say that it is not proposed to reinstate or re-erect the Tauninga Brfdge at the present time. Benner's Bridge is estimated at £2,.,, and the Mackaytown Bridge at £640. 112. Mr. Hanna.] Speaking as County Engineer, do you recommend the cut at fercniki s Bend?-—Aiter all is said and done it is a matter of ways and means. 113. In what respect is it a matter of ways and means? Have you calculated what this proposed out is going to cost?-Yes ; it appears to me the cut would cost between £30,000 and £40,000. 114 The Chairman.] Have you checked the figures?— No. 115. What width?—A hundred and ten feet at the bottom. 116 Mean depth?—l really forget. ...... • ..».' i , 117 What depth below wate,-l,ne?-Three 'feet below water-line-that is, at the lower end. I, is only graded out to a foot below the water-line at the upper end. 118.' You think it will cut out itself?-! think it will be very nearly sure to do so.

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Cory of Letter received fbom Witness. Sib, — Ohinemuri County Council Chambers, Paeroa, '.it 11 May, 4910. 4 have the honour to forward anestimate of the cost oi,making thcjproposed deviation of the Ohinemuri Biver at the place known as Pereniki's Bend. . «|. The estimated cubic yards in the cut 00,000. 1 think the cost of shifting should not exceed l&lper cubicyard, making a total cost of £8,000 for the cut. k If it should be found necessary to line the cut with timber, it would cost an additional £9,000. H , v When referring to the- cost before the Commission here, I based my figures on the cubic contents being 394,000 yards, which 4 now find is entirely wrong. The 100,000 yards on which the estimate is now based is the full cubic contents of the cut as shown on the plan. The samples of river-sands and silt have been forwarded. 1 have, &c., The Secretary, Royal Commission, Auckland. Charles Bray, County Engineer. I 19. Mr. Hanna.] You said you had conferred with Mr. Adams on this cut question : did you go into this question of cost with him ? —No; that was as to the lower cur. 120. Does it follow that if the I'eretiiki Cut is put in, the lower cut must be put in too —that is, the cut suggested by Mr. Metcalfe? —The cut 1 was alluding to was the cut in the Waihou below the Junction. 121. You estimate that there would be 400,000 cubic yards in the cut?—Y'es. 122. What do you propose to do with that 400,000 cubic yards .'--They would have to buy sufficient width of land, and stack it on the sides of the cut. 123. Or make a stop-bank down the river? —That might be so. 124. Uo you propose to line the cut? —1 hardly think it is necessary to line it right through. I should think that if it were lined at the intake and at the outfall that would be sufficient. 1 might add this: that it is a very difficult matter, without having the proper data, to give a definite answer in regard to a cut like this. My experience is this: that along the banks of the river there is apparently good strong clay, bin after a certain distance you get sand. Although we have gone down T ft. of strong clay, we do not know what there is below that—that is, T ft. below the surface of the ground, midway in the cut. The assumption is that it is clay right through. 125. If 1 were to tell you, in connection with the works ~f the extraction company on tinriver, that they found drainage sand in 4ft. of clay, would that surprise you —that under 4 ft. of clay they found drainage sand? —That would not surprise me. 126. Supposing that cut were put in, would that no. of necessity reduce the depth of water to such an extent—in that case could we work our dredges up there and convey the stuff back again to our works? —I understand that in working these dredges they would create their own water. 127. Mr. Mueller.] Was not a bridge at Mackaytown washed away previous to the last flood, or was it damaged?—lt was damaged very materially. I believe the first bridge that was erected was washed away. 128. Was the last bridge that was erected erected at a higher level than the previous bridge that had been there?— Yes. 129. Can you give us any idea as to the difference in the level of the last one and its predecessor .'-- I could not do so accurately, but J should think it was from four ~, five feel higher. 130. The Chairman.] You have taken some eleven samples from the bed of the river, in the channel? —Yes, I got the County Foreman to go down and take then,. They were taken from the bed of the river as shown in the list produced. 131. You have shown the samples to the Commission this morning, and you are having small samples taken out of the bulk samples, and you are going to send them to us in Auckland? —Y r es. [Exhibit X". 65.] 132. You were asked this question: " When we examined it we found traces of silt in Nos. 6 and T ".'Yes. 133. And. ■• We found No. 11 to be composed—almost wholly composed —of silt "? —Yes. Edwaud Ai,].:x.\Ni)i-;it Brown examined. (Xo. T5.) 1. Mr. Mueller.] You are chairman of the Matatoki branch of the New Zealand Farmers' I'mmi .'—-Yes. 2. How many members are there in that branch? —About forty. 3. Have you'been instructed by your branch to speak on behalf of the branch?—l represent the branch. 4. Your members are suppliers to the Matatoki creamery?-—Yes. 5. Have you noticed Ihe waters of the Waihou back up over your properties?- Yes. at high spring tide—that is, once a month —the river-waters back up, and it has done that over the lowlying ground for years. We have had the ground for sixteen years, and there are portions that have always had a little flood over them, but never to do ns any damage. In fact, it has always been a benefit until the last year or so. During the last year or so—within the last twelve months we have noticed it more than at any other time—there has been a deposit of slimes put on the ground that has killed everything in Ihe shape of vegetation. 1. Seems lo be a tine slime that settles out of the river-water. . 6. Have you noticed whether the water extends or has extended further back m recent years? 11 is going further back. There is water coming now where it never went before on such occasions. . 7. How much of your land is affected by this deposit?—A hundred and fifty acres is affected completely—upon it everything is killed. , - k . S How itianv head of cattle did you carry, and how many do you carry now?—On this particular block we used to run up to fifty head continually, and a. the present tuny it would no.

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carry ten head to do them justice. There is only a bit of scrub and rubbish for them to live on. There is nothing in the shape of grass. I). Have you attempted to erect stop-banks to prevent flooding?—Y'es, we are erecting stopbanks 5 ft. wide. We are putting them up ourselves inside the stop-bank we have there. We have drains, and then there is a fence to prevent the cattle getting there. The stop-banks cost about 30s. a chain. The 30s. is only for the building of the bank, without anything extra at all. All the settlers that are affected are not building banks at the present time. 10. As regards your river frontage, did you make use of that for your cattle?—At one time the cattle used to go to the river to drink out of it, but now we have to provide other means. We have to bore artesian wells to provide then, with water. There is silt along the bank of the river— or. rather, it is not exactly silt, it is a sort of slime. It is raising the edge of the river. The deepwater channel is not being affected apparently, but there are banks forming all along in front of our property right in the centre of the river. They have risen 18 in. and 2 ft. in the centre of the river. Where there used to Ik- soft mud-bank il is now quite hard. 11. Have you noticed anything in connection with the landing-stage of the Thames County Council? —Yes: there is a small landing-stage. The Council has repeatedly raised it. They keep it from 1 ft. lo IS in. above the mud. After a short time it keeps silting up until it gets covered. 4 hen they lifl it again, it has been elevated three times within the last three years. The Thames County Council have had samples taken of the stuff, and 1 believe you have had evidence from Mr. Baker, who made an analysis of the samples. 12. The Chairman.] Where is your place?—We are directly opposite ihe Turua Mill on the other side of the river. The Thames Harbour Board boundary is at our corner. It is called Te Kopua Xo. 2b Block. Jambs MoCormick examined. (No. 76.) 1. Mr. Mueller.] You are a farmer residing at Matatoki? —Yes. 2. Your land joins that of the previous witness?— Yes. 3. You have heard Mr. Brown give his evidence? —Yes. 1 should like to mention that ever since these flood-waters have been coming over the property some disease seems to have been affecting the cattle. At the present time 1 have six head of cattle lhat seem to be scalded from the hoof up to the knee. 4. Mr. Mitchelson.] Is that in consequence of the mud? —No, there is no mud fever about it. Three out of the six 1 have had to take in, and Ido not think they are worth the hides on them. 1 would like the Commission tc see the cattle, because they have only been affected in the paddocks where the water came over. There is something injurious in the water, which is causing this trouble. 5. Have you had a veterinary surgeon examine them? —No, but we have written to Mr. Lyons to come up and examine them. 6. The Chairman,] You are getting over the difficulty now by putting stop-banks up?—We are Hying to do so, but it is a difficult matter to keep out the river-water. 7. If it filters through, it will not be charged with silt?— That may be so. 8. Y r ou have met the matter very fairly? —We are trying to do so. John McCombie examined. (No. 77.) 1. Mr. Myers.] You are now underground manager of the Talisman Consolidated Mine? —Yes. 2. And have been for how long?— Nearly six years. 3. And your experience of mining in this district extends for how many years?— About thirtyfive years. 4. I suppose you have also a knowledge of the surrounding district?—Y r es. 5. Do you know ihe drain called Roaches Drain? —I have seen it. It is in the Shaftesbury district, beyond Te Aroha. 6. And that drains into the Waihou?—Yes. 7. Do you know what the depth and width of that drain was originally? —No. 8. have seen it from time to time?— Yes. 9. Have you seen it getting larger and larger?—Ve- : it is probably 100 ft. wide in places now. 10. By a depth of- ?—Approximately, 1 should say, 20 ft. 11. For a length of '—About a mile. 12. Is Boache's Drain on the same side as Waiorongomai ?—Ves. 13. I think you know the same thing has happened to other drains that flow into the Waihou? —Yes. 14. Do you remember vessels going up the upper Waihou as far as Te Aroha?—Yes. 15. Drawing up to what depth of water? —From 4 ft. to 7 ft. when loaded. 16. How long ago is that?—Te Aroha was opened for gold-mining purposes in 1881, and these vessels would be trading in 1882-3-4. 18. 1 think you hay; not gone into the est imales yourself as to what might lie Ihe cost of dumping and transmitting tailings from the Talisman battery to some distance out?— No. 19. Can you tell us the nature of the ore that is worked in your mine —I mean in regard to grade?—We have some high-class ore, but it is not a drop in .he ocean to the low-class ore. 20. You mean your quantities of low-grade ore are very large?—We are relying chiefly upon the treatment of our low-grade ore.

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21. Do you think you could work the whole of your low-grade ore if say 9a „, „„„ i man?-No * ' W ° Uld ** aWe l " M " ll,,smit ,k ' tailin S s back int ° *c mine attte Talis--24. Do you do any surface mining for the purpose of filling the stopes?—No Owin* to the flatness of the reefs we have to get our fillings out of the walls. g 2,,. That is very expensive?— Very expensive lr' !°T cx P eri ,! noe of stackin g slimes .'-Stacking tailings, yes. 2*. What kind ot tailings ?—Quartz tailings for treatment. 28. As fine as you are treating nowS—No. 29. Anything like as fine?—No; I think the mesh we used was a 20-mesh 30. How long ago?— Twenty-six or twenty-seven years ago. 31 That is when you were managing the" Silverton Mine at Waihi?—Yes S: w° a : TZS^;-^~ AhoUt hm tor *' as - near - < tan ; - b ~'- of W ° ame t0 tr€at t,M " fiTO *« after * ards *« - »°t a third 35 You do not suggest somebody came and ran away with them?—No: it was owing to the action of the wind and weather. owing to tne 36. Mr Moresby] You have been up the Waihou ~, Te Aroha lately .'-About six and a half years ago. I came down by launch. ; a tlau 37. I suppose you know Captain Adlam, of the Northern Steamship Company, who has been trading regularly to Te Aroha for thirty years ? Yes V *' 38 If he says that the Waihou Biver above the Junction has not shoaled up very much to what t has always been, or that the willows are no worse, would that alter your opinion at all "no oT Tit to lo?t to1 1C V n \ T'' "' l r ;' a -' S ° f considerabl e length where the water was 10 tt., to tt., to 20 ft. in depth, and those reaches do not exist to-day 39 How do you know that?— Because we stuck in the launch I 'came down in at several places where there was a great depth of water formerly. ' W 40. But the river changes frequently?—! do not know about thai 41. But the channels change, do ttey not?- Yes, that may account for it ■ y U J'' ■ ]/ J fr/ "/"""-\ , 1)o . v " v refer '" tte launch that used to take the barges up to Waiorongomai with flux for the smelting-works? I am going back to the time when ,he\iver was navigable boats " Ua,t ° a ' and alB ° ,ih ' " Pearl " '•" ,l1 " V ™ d -" They were three fair-S 43. And some steamer used to tow the material up to the smelting-w/>rks ?—That was long afterwards, the Kotuku and' Patiki." 6 , „ if- Mr. Moresby.] Do you not think the steamers could get up now?—The "Kotuku" and " Patiki "might, but not the "Vivid." a.oiuku ami 45. Do you think that is owing to the willows?—No ;to the silt in the river 46. You gave lis reasons why you could not put the tailings into the mine;' but would you be able to use the mullock to fill the stopes?—lf you mean the mullock coming out of the mine as the result of the workings, we are doing that now. 47. You are not putting i, in,,, the river?— Some, but not all. We are using as much as we possibly can in the stopes to minimize the cost of filling. EnwiK Gbippub Banks re-examined. (No. 78.) 1. Mr. Tunks.] You are chief metallurgist for the Waihi Company? Yes. _ 2. Are you a member of any scientific society?—l an, a member of the American Institute of Mining Engineers, the Institute of .Mining and Metallurgy. 1,,,n,10n. and of the Chemical .Mininoand Metallurgist Society. South Africa. b ' 3. How long have you been at Waihi ?—About nineteen years. 4. All the time in the treatment-mills of the Waihi Company?—Y'es. 5. And, of course, you are thoroughly conversant with the method used in all their mills? —Yes. 6. The mills have all been designed for the discharge of tailings into the Ohinemuri River? —Yes. 7. Have you made any attempt at any time to store any of your residues ?- Yes : some years ago, befor, r treatment was as successful as it is now, we tried' to store portions of the tailings and residues. We stored some at the Waihi Mill, amounting roughly to about 20,000 tons. That was put into a gully that existed between the mill and the river. We built an earth breastwork across this gully, and ran the tailings in across a portion of it. 8. How long ago?— This particular lot was from six to fen years back. We ran about 20,000 tons of our tailings into the gully wet. We aimed at saving the coarser portion of the tailings which was the only portion worth retreating. 9. What was the result of that ?— We hive not started the retreatment of this stuff yet, but approximately I should say certainly a third of that stuff has gone. In that particular stack our chief trouble was owing to flood-waters carrying away the breastwork frequently in heavy rains. That would happen at night, and a large quantity of the failings would be gone by the morning.

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10. The t hairman.] That was the fault of the breastwork .'-- Yes. there. We made il as strong as we reasonably could, considering the value of the tailings. It did not pay to spend too much on it. We also'stored more recently about 11,5.10 tons of the cars,- per. ion of our sand tailings at the Union .Mill. That was run into a paddock adjoining the mill, around which be built a wall from I ft. 1,, 7 ft. high : there was a natural rise in the ground in places. 11. Mr. Tunks.] What was the result .'—-Within less than two years—that is, moving up to the present time—after we ceased to put tailings into that pit I made an estimate, three or four weeks ago, and found that fully 43 per cent, of those tailings have gone. 12. In what way .'—Almost entirely owing to wind-action. The gully I have previously mentioned was more protected from the wind than this was. Waihi is pretty noted for its wind. Quite 43 per cent, of th, se tailings have gone from the paddock, and they travelled in the direction ~f the rjver, which was the direction of the prevailing wind. 13. What became of tte fence? —We built a brush fence across to keep the tailings from travelling on, of the pit. But the tailings simph banked up against the brush fence, and topped it, and buried the fence, and continued travelling. 14. Have you tried storing the concentrates?—Yes, at the Victoria Mill, at Waikino—with practically the same results, except there it was water-action instead of wind-action that carried them away. 15. And you practically lost them? —A great deal of them. Some of then, cemented hard. 16. What quantity of ore do you crush per day? —1,450 tons at the three mills. 17. How many days a week I—Six full days, or twenty-four days a month. 18. Your residues go into the river? —Yes. 19. Have you considered the question of storing them at Waihi .'—Yes. 20. What'is the amount of your residues at the Waihi and Union Mills ?—Approximately 500 to 550 tons a day. These are both in the Waihi Borough. 21. You treat a third of your output in the Waihi Borough?— Yes. 22. I think some suggestion has been made that they could be conveyed to a site somewhere near the Waihi Township .' —We have looked into the question of storing it anywhere within a reasonable distance or possible reasonable distance of Waihi. 23. The Chairman.] What do you mean by " reasonable " or " possible reasonable " distance? —The question of est. In fact, as far as the Waihi mills go, 1 consider there is no site on the plain, which is roughly a basin surrounded by hills which you can see from Waihi. A storagesite on which to put them should be a site on which you could be sun- of keeping them. 24. Mr. Tunks.] There is not a site on the Waihi Plains? I see absolutely none: and I have been over the whole district dozens and dozens of times. 25. And you have considered it definitely and carefully from this point of view? —Yes. It is interlaced with gullies and swamps, all having a fairly rapid fall to this main Ohinemuri River. 26. You think your experience with the I'nion and Waihi sands would be repealed, and lhat they would find their way to the river?—l am quite sure of it. It is only a question of a fairly short time. . . 27. Have you considered the question of storing the residues from the mill at Waikino. where you discharge about 1,000 tons per day?— Yes. 28. What methods have you considered? —The first consideration was, where were they to be p U t what dumping-ground there was. I, and others with me, could see no site that could be at all suitable an\ where nearer in this direction than the Rotokohu Swamp. That position litis lieen considered as a possible storage-site. Of course, the question of the liest means of getting them there and the est had to be considered. 29. J think you have collaborated with Mr. fraser in the preparation of these figures?— Yes, and also with Mr. Hopkins and Mr. Govain. 30. Do you agree with the figures that have lieen put forward by Mr. Grace as Mr. Fraser s, showing tte cost of this operation?—Yes. Mr. Grace studied these figures with Mr. Fraser. I quite agree with Mr. Eraser's estimates. 31. Have you made some experiments as to what minimum fall is required to gravitate your residues? Yes' One of the schemes was a scheme for pumping or lifting the tailings by pumps or wheels into a launder. Well, in order lo determine the minimum grade required to convey these residues out to the proposed site I made tests with our"pulp at the Waihi Mill, which is representative of the pulp at the other mills. I put in a launder to start with with a fall of 2 per cent.. taking an average of the battery pulp as it would be delivered in the form of residues. The amount ~f water varied fioni 10 to 12£, to 1 of dry ore. 32. What did you find to be the minimum safe grade?—The material in the pulp was the fine stuff from the tube mills. I found that with a 2-per-cent. fall it. ran steadily without any choking in the launder. I started with 2 per cent, because we had had discussions as to the minimum fall at which the stuff would run. I then lowered the launder to find the minimum fall. At U per cent, the stuff was inclined to block, and at 1 per cent, it blocked rapidly. 33. The Chan-man.] That was a timber launder? —Yes. 34. .1//-. Tunks.] What is your opinion as to the likely result if your residues were deposited on a storage-site?—l do not think it would be possible to beep it at Rotokohu. It would stay for a length of time, depending on weather-conditions, rainfall, and so on, but ultimately it would spread over the country if it got dried. If it could not get dried it would get back to the river or through the land between the site and the river. Certainly you could not keep it on the site without going to enormous expense to keep it there. This site is backed up by hills fairly steep, on which a heavy rainfall would send sufficient water to spread the stuff over the country. 36. You heard Mr. Grace's evidence, and you agree with him as to the unsatisfactory nature of the scheme? —Yes.

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36. The Chairman.] 1 suppose it would be possible to put a bank round to keep the surface water off?—l think it would be difficult in that spot. 37. Mr. Tunks.] Looking at the whole scheme, do you consider it commercially impracticable? —Xo. We considered a scheme of fluming, we considered another scheme of carrying it by trucks on the Government railway to the same site, and another scheme of pumping in a continuous pipe, and all these schemes would certainly cost from 2s. to 3s. per ton : and the only one which we would say would be a practicable scheme, looking to the fact that you have to keep the batteries running steadily to do the work, was the trucking, and that scheme would cost a little over 3s. per ton. The other schemes I consider absolutely unworkable from our point of view. 38. You would agree, then, with what has been said, that to add that cost on to the cost of working would mean that a wry large quantity of ore could not be touched at all? —Yes. 1 might say I know the mine thoroughly. I am frequently down it, and I also know the grades of ore all over the mine wherever we have opened up, and i know if an increased cost of 2s. or 3s. per ton was added to the working, we should have to leave many hundreds of thousands of tons of ore in the mine that would otherwise come out. 39. I think you have been in Kalgoorlie and Broken Hill?— Yes, as a visitor only—a few weeks in each place. 40. Did you experience a dust-storm?— Yes, unfortunately. 41. Was it ordinary dust?—By no means. The position at Kalgoorlie is that the dumps surrounded most of the mines. It is fairly flat land, and there is no watercourse, no sludgechannel. They build up the residue-dumps fairly close to the mills, and on a windy day the air is full of dust Hying round dust that is injurious to health and damaging to property and machinery 42. Have you any idea as t,, the cost of stacking their residues? —Yes: I took out the average cost at six of the largest mines for stacking residues. 43. Where did you get your figures from? From the Cl,amber of Mines publication, which gives all the details in connection with the cost of milling and mine operations. It varied from 4id. to 9d. in the large mills, with an average of r.d. And I may say these reduction-works were built having in view th, necessity of storing the residues. 44. What distance have they to take them?—A few hundred feet to a few hundred yards— practically at the mill-door. 45. Under any circumstances can you compare their stuff and treatment with what you do here? Not as regards fineness. They do not crush, on the average, nearly so fine as we are now crushing. 1 d,, not know the actual percentage of the grade-., but I heard Mr. Baker say he lived in Kalgoorlie, and that 35 per cent, of their residues went through a 200-mesh. That is very different from what we are doing here. He called that as fine as Waihi; but it is not, as I can show. 46. I think a suggestion has been made that some of the residues could be consolidated by adding some substance to , he slimes?— Yes, hydraulic lime was suggested as a method by which the slimes might be dumped and consolidated cheaply. We tried with from 2 per cent, to 10 per cent. of lime, and the stuff would not bind. I have a sample of it here. It had practically no binding effect at all. And every 1 per cent, of lime added would mean to us a cost of over sd. per ton: but even up to 10 per cent, of lime did no good : so it would be useless. 47. Would that represent a cost of sd. per ton without the cost of mixing?— Yes. The cost would be prohibitive. I also tried 5 per cent. Portland cement. Even that did not bind it in such a way that it would remain consistent if water got to it. 18. You have examined the mining-silt in the river near here and below Paeroa: what do you say that consists of?—The bulk of the stuff in the river here is, I feel sure, the result of our operations at the time- when we were doing what we now call coarse crushing. 49. Coarser than anything now put into the river?—lt-is coarser than anything we are now putting in, with the exception of a very few ions. Some of it is coarser than of the stuff we are now ],lifting in. oil. I understand that in Waihi you have lieen crushing finer and finer from year to year: what are the proportions?— There is only a percentage of 892 that will remain on a 120-mesh screen—that is, 14.400 holes to the square inch: "and at,least 75 per cent. —it varies from 75 to 80 per cent. —will pass a 200-mesh screen —that is, 40,000 holes to the square inch. And we are aiming at still finer crushing. Our ore contains a great deal of silver, and to get a very high extraction we have to grind fine. Also our gold is very fine at Waihi. 51. Have you any samples of the screens you are crushing through?— Yes, samples of the screens we are crushing through at present, and samples of the screens we were crushing through— 30-, 40-, 150-, and 200-mesh. These screens are used to give sizing tests, but we are crushing that size all the'same. [Exhibit No. 66.] 52. I think you have a sample of your present-day residue, graded?— Yes. That is, I took an equal proportion from each mill according to the tonnage we were crushing, and combined these. Tt amounts to 40 tons a day out of the total output on the 80-mesh screen. 53. What is the amount per day that would pass an 80-inesh screen and remain on a 120-mesh screen? —782 per cent., amounting to 105 - 56 tons per day, and passing 120-mesh and remaining on a 200-mesh represents 16*57 per cent., and amounts to 225 - 76 tons per day; and No. 4 sample, that would piss a 200-mesh screen, represents 75*61 per cent., and amounts to 1,094 - 9 tons per day of our total output of 1,450 tons: and the latter is the material we treat and speak of as slimes. 51. What will be the result of these fine particles discharged into the river? How will the river deal with them? T consider a river the size of the Waihou and with the quantity of water that is in the Waihou will have absolutely no trouble in carrying that matter out to sea.

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55. Ihe whole matter out of whal mesh? I consider it will handle ihe whole matter we crush quite comfortably—even the quite coarse stuff. 1 think the 75 per cent, would hardly get a chance lo settle. The other grades would travel down also, but not quite so weli. 56. You heard Mr. Grace's evidence as to the current-velocity that would move this stuff along— \ ft. per second: Do you agree with that?—Ves, not only from what I have read in standard works, but from my own observation. We are continually running our own sands through launders and pumps, and 'l know that is quite true. Certainly a current-velocity of Ift. per second would shift anything we put into the river. 57. What velocity is there in a 2-per-ceiit. straight launder?— Four feet to the second. 58. The Chairman.] You Ihink this would lie sufficient in Ihe river, which has a rough surface, instead of the smooth timber surface of .he launder .'-Yes, but the liodx of water is different. When the launder chokes in our opera.ions we can frequently overcome il b\ adding a larger amount of water. 59. Mr. Tunks.] What is the chief cause of the Hoods becoming higher and more frequent ot late?— For one thing our rainfall of the hist few years has been exceptionally heavy. That I know from Mr. Devereux's evidence. I know it has been unusual of late years. I also know that in our own district we have cleared a very large area of bush for firewood when we were drycrushing. We used hundreds of thousands of tons of timber as firewood, ami we find the effect on our water-power is this: A good rainfall in the old days would, give us several weeks will, plenty ol' water for our power; now it dies out in less than a week. 60. The Chairman,] Have you done anything towards reafforestation? —No. (j] Why noi?—We never went into the question, so far as I know. We do not require firewood now. I suppose it was considered cheaper to put in steam-power to make up for the loss of water rather than get the benefit of the water by replanting. 62. Mr. Tunks.] Have you any other item bearing on ibis matter?—l can give you a tew figures showing the progress made in tine grinding as compared with coarse crushing. In 1902, before we had tube mills, o'o3 per cent, remained on a 40-mesh screen: on a 60-mesh, 3*13 per cent. : on an 1193 per cent. : on a 120-mesh, 44-5:5 per cent. : on a 150-mesh. 61-53 per cent. ; and only :|B-4T per cent, passed a 150-mesh screen. (i:i. I think you have a lisi of these samples you put in this morning?- Yes. 64. They we're taken on the 24th May last ?—Yes. 65 Whal was the result of these samples? —Perhaps I had better state where they came from, as follows ; Alexander's Wharf: No. I, 25 ft. from edge of low water, right bank, 5 fl. of water : No 2 three-fifths of the way from right bank, 4ft. 9 in. of water: Xo. -'!, three-fourths of the way from right bank, 4 ft. of water. Next wharf below Alexander's: No. 4, 100 ft. from right bank 3ft 6 in. of wafer: No. 5, 100 ft. from right bank, I ft. of water: No. 6, 80 fl. from right bank' between the two wharves, 3 ft. 6 in. of water. Waimarie Hend : No. ~ 33 ft. from water s edge (inland), bottom of hole, 2 ft. deep. No. 8* (no sample kept—all mining-silt), 20 ft. from left bank, 3ft. of water: No. 8, 40ft. from left bank, 4ft. of watei ; No. 9, 45ft from right bank lift. 6 in. of water. Just above Millard's house (at place mentioned by Wight): No. 10, 35 ft' from left bank, 6 ft. of water: No. 11, centre of river, sft. 6 in. of water: No. 12, 30ft. from right bank, 4 ft. 6 in. of water. The tide was very nearly low at the time we took all these samples: it had possibly half an hour to fall. I consider that Nos. 1, 4, 6, 1I 1 2 show what might be a very small percentage of mining-silt. In regard to No. 8* I may explain we took thirteen samples and had only twelve bottles. No. 8* was simply practicaUy all mining-silt taken from the Waimarie Bend. No. 7 contained a good deal of fine silt that looked like mining-silt, clayey material, and organic matter. We dug to a depth of 2 ft. to get it. All the samples excepting Nos 7 and 8* consist almost entirely of ordinary coarse and fine river-sand and pumice, home Of the samples show blue cl-iv from .he river-bed, thus showing that in these particular spots there is not any mining-silt below the river-sand. From the blue clay I conclude there is no doubt we -ot right to the old river-bed. At the point opposite the Waimarie Hend where we got immng-silt 23 ft from the water's edge, a sample taken 40ft. out showed practically only a slight trace of mining-silt. We took a sample then from the other bank, I think 43 ft. or 45 ft. out from the edge of the bank, in 11 ft. 6 in. of water. 66. What did that give you?— Absolutely no'mining-silt—not a trace. 67 The Chairman.) The general result of your observations is this: that m the bed of the river in the channel there is no trace of mining-silt, but on the banks on each side it vanes from a trace up to all mining-silt?-That is correct. When I say "in the channel I should say in pretty well three-fourths of the width of the river-bed there is al the most only a very small percentage of what might be mining-silt. It is a most difficult thing to say. 68 You do not mean slimes?— No. In taking these samples we went to one point mentioned by Mr ' Wight when- he -aid thai Ihe river had shoaled, and .he bottom hardened, forming a bar Which allowed his cattle to cross to the other side of .he river. We go, hold of Mr. Wight to point out the very spot he spoke of, s„ that there should be ~„ mistake about it. The river-bottom there is just as we found it elsewhere- -there was hardly a trace of mining-silt as soon as we got 25ft. m 69. That is, within 25 ft. or thereabouts of which bank—the present bank or the old bank?— Ihe present bank that is shown. , 70. Do you mean, at low-water line or at the top of the slope?-About the centre of the slope, \ hich I took as the average position. 71 What did you find there?—ln drawing a sample there you would get a varying percentage of mining-silt. In some cases it might run up to 10 or 12 per cent., but you could see undoubted traces of it at these points. _.•„-,* v „„n„,i 72. And as you came further inshore?-Generally you could see more of what might be called mining-silt.

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7.1. How do you arrive at the 25 ft., and three-fourths distance, and so forth?—We did not measure that ;it was guesswork. Mr. Stewart is a civil engineer, and he agreed that these were about the distances. 74 Mr Tunks.] I think Mr. Bray, the County Engineer, was with you, too?---Yes, and he agreed the instances were about right, ~, 7:> ' Tl " Chairman.] Hot* did you take the samples?— With an iron scoop at the end of a pole Ihe scoop was forced in. and then drawn slowly up. 76. Do 1 understand from your evidence that what Mr. Wight said about his cattle going ; K ' r " ss I|k ' ""'!', ,s ,lnmu '- N ?" • (1 " lot say his cattle could not get across, but 1 say the river has not shoaled because ot milling-silt. 77. You do not throw any doubt on his evidence that the cattle have got across?—No 78. Mr. tunks.] You pump slimes al Waikino?—Ves. (9. I think you have two sets of pumps working ~„ slimes there? —Yes, we have a number but w: have two working side-by side. /"• "!" ;"" ! Mr. l-'rase, went into this matter of pumping slimes ?—Yes. What we looked at was lo rind the extra pressure caused by pumping slimes, the increased height of one pump as compared with the other, an,! comparing it with water-pumping. These are a few of the figures relating to a schem. of pumping slimes through a continuous pipe. We had. two pumps working side by side on Slimes; No. A pump working 2 of water to 1 of slime, pumping to a height of 28 ft. with Ihe total length oi line 126 fl. & 81 The Chairman ] How many bends in it I—l think there were four bends in that particular line. Bui I would rather Mr. fraser gave this evidence, as he is familiar with these figures, which I checked with him. B BZ. Mr. Tunks.] Can yon tell us anything about this colloidal action we haard about yesterday?—] have got a very good definition of it here which I should like to read. It i.s pretty brief and is a good explanation of colloids and colloidal action. The book i.s " Cyanidim- Gold and Sliver Ore, by Julian and Smart It is dated 1904, and is a recognized work on cvaniding This appears on page 203: "Since Graham's time i. has been proved that colloids and fine sand or Slime in water have many c mon properties, and in absence of proof that colloids are solutions it IS probably better to folio** .he more modern investigators and treat the so-called colloid solutions as simple suspensions of finely divided insoluble substances." He says in brief they are colloids He gives a little further explanation: " Cases of slimes not settling: Fine solid'particles suspended in wafer exhibit a number of properties which force us to recognize that the particles are charged electrostatically, and when small enough are capable of repelling each other to such an extent as to counterbalance the act,,,,, of gravity, becoming uniformly distributed throughout the liquid, and thus are prevented from settling." _ 83. Can you tell us anything as to the effect of sal. water on .lies,- slimes ?—Yes • I made tests with actual sea-water. I took an average sample of our slimes and tested two portions of it as to settling. I mixed one portion with fresh water and the other with sea-water in large volume compared to the bulk ~f the slime. In the case of the salt water there was a more rapid settlin- effect than with the fresh wafer, but the ultimate result „f settling was that in the case of the sea-water the slime did not set quite as closely as in fresh wafer though ihere was not a -reat deal of difference—and in both oases the slightest disturbance of the water in the beaker brought the slimes up again : Ihev did not set solid in any way. si. The Chairman.] That is a case where it is in water: that is not the case on the banks of .he ever, where the water is decanted off and the slime settles in a thin layer and is exposed to the atmosphere ami then "after s c hours is slowly lapped again by Ihe water?—l have seen round our batteries where the slime has spilled over, and that is quite easily worked up if put in water at all. A small stream of water running over that rapidly brings it into a flocculent state ao- a in 8.,. You take the case of a river such aa the Ohinemuri River near Paeroa. where the water at (he present time, ID its normal state, runs very slowly. The water recedes slowly, and leaves little bays and back places where the si,my material is deposited on the bank, which has a low "rade It remains there exposed for some hours, and then Ihe water gradually rises again, and practically flows over it instead of disturbing it. The next time the water goes down a little more material is deposited, and there a], pears to be a gradual deposition. We have been studying (his in a rou>di-and-read* way, and the conclusion we have come to is that there is a deposition of slime on the bank, and ihal thai slime is not taken forward again by the water. Now, what you have to prove lo us is that we are wrong. A laboratory experiment in a beaker with the sill covered with water and shaken up is not the condition existing in nature?— No. I think I can say this definitely I have taken our slime, and I have sun-baked it for a week in a cake of 4 in.'to lin thick" It appears quite hard to look at. and you can scratch it easily with the finger-nail; but stand it on a plate in a shower of rain, and it softens rapidly as soon as the water soaks in. and it quite easily breaks if you give n a slight disturbance. T have seen deposits on the bank here, too and I leel sure the least fresh that passes over thai place, or any rapid current—a current of anything like 3 ft. or 4ft. per second—will carry the stuff away. 86. I am not denying that, but there are places where you get no current for weeks at a time except in fleshes, in the Ohinemuri River?— Well. I think it is quite possible, in a few places such ils , vo » s l k of, where there is comparative!} still water, that a little slime will settle. 87. We have been watching it below the Railway Wharf, and we have come to the conclusion that not only is there a little, but a good deal settling, and the bulk on the whole river must be a very large amount. The argument that the mills are grinding so fine now that the slime is naturally carried out to sea without settlement is true, no doubt, as regards the great bulk; but in a large portion of the waters which are close to the banks, where the current is small, there is a deposit .' I think that a small deposit would form in such places, but T feel absolutely sure that if

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the current had a velocity of even anything like 2 ft. per second that slime would be worked up and carried away. The velocity has absolutely dropped where it is deposited. 88. .I7r. Tunks.] What is the effect of a shower of rain on such a deposit ?- A shower of ram would certainly wash most of it back into the river. That is my experience. I take it you arc speaking of the sloping banks. 89. The Chairman.] We had a cut made, and in twenty-lour hours or less we found the bottom Oftte cut full of slime. There is a ease of still water. And the bed of that cut contained an appreciable amount of slime, the product of fifteen or sixteen hours?— Washed in from the river, which was running, int., the canal; and that would be still water in the canal. ill). Ves?—l think I have said that in still water a slight amount will deposit. 01 y o u think there should lie a velocity of 2 ft. per second to carry it downstream?—! think less than that, but certainly 2ft. would do'lhat. I have had a large" experience with slime. \\ c have "reat difficulty in settling our slimes. We have to use lime for this purpose, but 1 think there is very little of the"effect of the lime left after it leaves our battery. I could practically prove thai by test Ido not say that lime does not destroy lo a certain extent some of the conditions thai constitute colloids, but I do say, if you take our slime after treatment it is very difficult to get that slime to settle without the addition of more lime. 92. I suppose you know the watershed on the other side of Waihi towards the sea? -Yes. 9:1 Has your company ever considered the question of shifting your reduction-works to tte other side of the watershed" 80 that your slimes could be discharged into the sea, where they would do no damage'—We have no. considered it. because we think it is not commercially feasible. It IS quite feasible so far as shifting the plant and works is concerned, but it is not commercially practicable. „ ~ . , ... , 94. And to that extent you consider there is nothing in the suggestion .'Absolutely. We have considered two schemes of fluming and pumping that were considered feasible. 95. You did not consider there was enough in .he suggestion to warrant you going any further? —Certainly not. . , . 96. Mr. Cotter.] You were with the Waihi Company some lime before the Proclamation was issued?— Yes, four years. . , , 07 Wo you not now. and have you not been for some years past, since 1890, treating profitably a much'lower grade of ore than you were at that period?- Yes: we have also reduced our working'9B You are able to Heat by a better process of manipulation a larger quantity, but you are, and have been during late years, treating a much lower grade of ore than you were able to treat profitably at that time?— Yes, we are treating a lower grade of ore 99. Can you give it to me approximately ?— In those years we frequently had ore that might go over £3 per ton. ~ ~ , , . , , 100 \t that time about what grade of ore could you treat profitably, and what is it now? 1 do no. wan. values if you can give percent ages ! In those days we could only make an extraction of 66 per cent, of gold, and now we make an extraction of 99 per cent. 101 And what was the lowest grade you could treat profitably then and now?—l could not say. Now we can treat at a profit about twenty-shilling ore, or a little over : but 1 have not gone into it very closely. I could only take it on our working-costs, which could be given, but which I cannot give at that date. I think our working-costs then and now really govern the question 102 You mean by " working-costs " improved method of treatment ?-Exactly; ttat reduces our working-costs and increases our percentage. 1 can say that certainly twenty-ttree-shiUmg ore would pay for treatment now, and probably in .hose days ,t would be nearer thirty shillings 01 ' th i 0 r!T SiSc How long is it since your company discarded dry crushing and started wet crushing?- We altered „ a. different mills at different limes. I think dry crushing was last dolle i^ S Te wi U th :aWe 8 is s, y yea,, ago. I cannot remember tte exact 7e& \ol S SZSin g your dry-crifshing process had taken place prior to that that for the last ten years practically you have not been cutting out .he bush for dry crushing?—No, but we have been for our steam. ' 107 You stated that you had tried to consolidate these tailings with lime and cement and different tWngs do you know or have you seen any bricks which were made in Waihi out ot this you know that those which were made in Waihi were made without any fire or roast ing?—l believe so. I think they apply heat by steam under pressure. 109 You are not referring to the same bricks that I am?-I do not know of any other bricks then 'llo Do you know these bricks which were made in Waihi by Mr. Henry-not for commercial purpJiil-iC ttown a brick-I do not know if it was made by Mr. Henry-and when I asked about it I was told it was a State secret. 11l Have you ever been in South Africa? —No. ~,.,.. i 9 mJTunks 1 Since the days Mr. Cotter has referred to, when you had thirty stamps and K3f3 thousands g of pounds in order to treat low-grade ore and reduce our costs.

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Edwakd Joseph Adlam examined. (No. 79.) 1. Mr. Moresby.] You are a master manner at present in charge of the s.s. ■•Rotokohu," trading on the Waihou and Ohinemuri Rivers, in the employ of the Northern Steamship Company? —Yes. 2. You have been engaged on these rivers, how long?— Twenty years. 3. 1 think we may take it you know these rivers fairly well?--Ves. 4. 1 think in the old days you were mate on the " liuby " when she traded between Auckland and Paeroa ?—Yes. 5. What water did she draw ? —Six feet. 6. What wharf did she go to? —The Town Wharf in Paeroa —that is, the Wharf Street Wharf, i. What was the stale of the Ohinemuri at that time?—lt was good all the way —a deep river. You could leave at low water. 8. How long were you on this boat ?- -About eighteen months. That was 1890 to 1891. 9. Did you get stuck at all ? .Never in the river. 10. Then you left that boal and took command of another boal .' Yes, the " Matuku." 11. 1 think she towed barges to Te Aroha?—Ves. She was a small launch. 12. How long did the Ohinemuri stay in a navigable state? —1 should think somewhere up to about 1896 or 1897, when the boats shifted to the Junction. 13. The Chairman.] What was the reason for going lo the Junction?—The river was getting shoal. We found in the small boats that the river was getting shoal. 14. Mr. Moresby.] Can you particularize any places?—Ves, Pereniki's Bend was shoaling up. 15. Then the bigger steamers iraded to and from the Junction, and in going down the Waihou which bank did they go down? —The right-hand side, close in to Mr. Kenny's house. 16. What is the condition of that place at the present time? —The channel is all filled up there. and it is going across. 17. I think there is an island there by tin, Hape Creek?— Yes. 18. That island is above water in ordinary tides? —Yes. 19. I think you start from Te Puke to go to Te Aroha in your present boat? —Yes. 20. Do you have any difficulty in going up to the Junction ? Not before half-tide, but lower than half-tide I should be afraid of getting stuck. 21. Do you consider this pari of the river between Te Puke am! the Junction is shoaling up? —Yes. 22. Do you think it has done so in the last year?—Y'es. the whole time: and the river is confining, too. 23. You mean by that ihe banks are pinching in?— Yes; you can see il. 24. Dp you consider there is any danger to navigation in the immediate future? —It looks at present as though it would not be very long before it closed up altogether. 25. Do you know of any suitable place between Te Puke and Kopu where the boats could conveniently come to?— 1 do not know. 26. You know where the Puke ferry is now?— Yes. 27. Say, in that reach, 3 or 4 chains below the ferry, could the boats go there as conveniently as they do at Te Puke now if the wharf is shifted? —They could go there, but if the wharf was there i. would really mean they would be stuck. 28. Cannot the wharf be extended out to keep them afloat?—No : it i.s all shoal water. 29. It is one of the worst places in the river?— Yes. You can get down on a certain time of ihe tide. 30. Is it possible to dredge it?— Yes. 31. If dredged, do you think it would be likely to hold its depth?—No; I think it is a sort of dumping-ground for the bend. 32. If the bend was abolished, and a straight cut put in above ihe present Junction, it would not be a dumping-place then? —No. 33. You find the bends are the deep spots and the straights are the shoals? Yes. 34. 1 think the reach below that —below the Komata Stream—is also very shoal? —Yes, although not as shoal as .he other place. You would find a vessel will, any draught of water —6ft. or 6 ft. 6 in. or 7 ft. — would drag very hard along there on a*n ordinary tide. 35. I),, you know any place so suitable for a steamer to lie al along that reach as at the present Ie Puke Wharf?— No. 36. I want to take you back again to the Junction. You have been trading up and down between the Junction and Te Aroha for a considerable time past?— Yes. 37. leaving out of account the condition of the willows, do you think that the river itself has shoaled up in the last twenty years?— No. I think there is a little more water on accoun, of the river lieing confined by the willow-trees. 38. I suppose, trading up and down as you do daily, you would have noticed if it had shoaled at all? —Yes. (It course, a little bank may form, but the next fresh washes it away. 39. Do I understand from you that the channel is constantly shifting in that portion of the river? —Yes. 40. The river has a movable bottom there? —Yes. 41. I think you made a declaration which was sent to the Mines Committee, and which was put in with the evidence given on that occasion? —Yes. 42. Are you prepared to confirm that statement?— Yes. 43. Have you noticed any silt up the Waihou at all?— From the backwash of the Ohinemuri. 44. What distance up?— About a couple of miles up. 15. The chairman.] You say "backwash." but do you mean backwash?—No: it is whert the Ohineinuri water, the thick water, has run up the Waihou.

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46 You have seen wha, you believe te be the grey dirty water of the Ohinemuri River running a coupk Of miles up the Waihou liivor !- Ves. 1 met it when coming down. 47 Was that at flood-time?— Yes. 48 It was not water which had cine overland? No, it was running up the river. '9 \/r Mitchelson.] How long after the Hood was that?—The flood was on. 50 Was the water overflowing either one or otter of the Waihou banks .'--Yes, next day. 51 In what pari of the Wai1,,,,, River?— Right up to about a couple of miles. ",-/ No further than thai? -I did not notice an* further than that. Of course, on the upper Waihou on the left side it had overflowed for nearly seven or eight miles, up to very near the high ridge of land there. 53. You have seen water running over there?— Yes. 54 Was it overflowing at that point in the flood of 1910?— Yes. 55 Mr Mores!,,,.] I think ihe willows ,„, the Waihou have got worse .'—\ cry much. 56 And are in rather a bad condition ai the present time?— Yes, very bad. 57. You live in Paeroa? Yes, in Corbet! Sheet, at the back oi the Domain. 58 Have you Been water in Paeroa at all?— Yes. 59. Anywhere near your house?—The water has been twice round mj house to mv knowledge ;,, tl„. lis, ion years The last flood was the worst yet. 60 When was the wat, , twice round your house?-In the las, flood, in March, 1910, and agar. about three or four years before that. I think it would be in January. 1907. 61. 11l your opinion, are the floods getting any worse in Paeroa? Yes. Ihe wate, was between II in and 18 in. high a. mv place. gj What, m v„ur opinion, is going to happen to Paeroa if this goes on ?-We must get out "' 1t 6 3 Th, Chairman.] You told us that at the time of this big flood in 1910 the Ohinemuri waters backed'up the Waihou waters: was the Waihou lo* then, or in its normal state, or in flood?Ii was at its normal state. 64 Then you told us that the next day it was overflowing ?—Yes. _ 65' U.u\ the fl 1 risen in the Waihou in tte meantime?-Yes. For instance. .1 it is raining hard to-day the water is not down to the mouth of tte river for a day and a halt, but it is down a< t,i o6 t ''v!,n!;';;: , wi;u!; , :^ n -« at ~»overflowing ,„,-,,,. fH ' ,n 67 Have you ever seen the water overflowing from the upper Waihou where the banks are low mm . ,„: £n miles up. when the Waihou alone was in flood, and not the Ohine.nur, ?-YeS, I have "'" li'^ln''fact, you constantly see i. overflowing there?-Ves: the banks are very low. Again „|,,,m„ get to the other side of .be ran,,- of hills the banks are very low there, and the wate. " v, ' r, :;:; vs ,tew *> ~ *** „is I&* * .*«&. a-w *.**..,-« " ,iyl 7,;'"4n:.n v ;:;; :::,. ,i ;r z^rz: ,--.,. w aB ~,,,„-,. because *, i,,,,»,« «*** the sides? —Yes. _ . . . 71 Therefore, tte willows hay,- done you good?—To a certain extent. 72 A.ndyou would be sorry to see them taken away?— Not at all. 73. If they were taken away the river might shoal again?-] would sooner put up will, that, you do-merely take the branches off or c,„ them down?-! think I would 1i1k ,.7, H . inches off'that are lying in the river. Those that are leaning in towards the land ' ,0 n 7s ha ?ou to would leave the roots and vertical growth, but would cut anything that fell into the ,i v< „-?_Y«-s The barstes go under the willows, which drag the cargo ofl. 76 You break many twigs off, and they float down and grow again -They do. In the case 0 f ,h - wee, me-w low. where it touches the water it turns round and comes back and roots there, and ::',' covered by the sediment, and bv-and-bv a great big limb will be growing from nothing. ffi£SJt to *J£S£ endin P gX r Sst iay h\Z and 1 propose to put it in now. [Exhibit No. 68.] Samuel Douu...'* McM.KEN examined. (No. 80.) 1 Mr Myers.] You are manager of the Komata Reefs Gold-mining Company?- Yes. 2. And of the company's mine at Komata?-Yes. about three miles up the creek. 3 And your battel v is there also?— Yes. -, How long have you been engaged in mining pursuits ' -lMghteen years :,. Ami what portion of thai period have you been employed at the Txomat:, wo, ks .- 4 h,, year fi I think you disclmree tailings info the Komata Creek, winch runs into the Waihou?-Yes. '■ T, whatl". ofineness do you crush your ore?-A proportion o 54 per cent passe* the 200 mesh TheK -thing left „„ a 60-mesh, and the greater part of the balance 18 between 200-meth very fine. I have here a table showing the tons crushed and the grade. level ground near your battery-site where you could stack tailings even if it were otherwise possible ?-Very little indeed-practically none.

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9 Do you know of any flat ground in the neighbourhood to winch you could take your tailings m such a way as to be commercially possible?-No. Then- is no land near enough to make 7. commercially possible tor us. b 10. What grade of ore do you mill-high or low? Ver\ low grade 11 Supposing 2s. a ton were added, without any corresponding benefit in consequence of any new process, to your working-cost, ivhal do you think would happen? I, would have the result ot closing down milling operations. Jf" Howoiany me -,- employed at tte present time by your company?— About seventy !•>. At times 1 think you employ more? Yes, it rises ami falls. 14. Ip to ?. We have had as many as 170, a little over two years ago l-i. Mow lone fi-.s your con,pain been operating in this district ? ' About fifteen years lb. And do you know what am,,,,,,, of money has been expended? As„ f £350 000 not including the amount paid for the purchase of the property. I do no, know what tha, was 17 How much has been returned to shareholders'- Thirty-three thousand pounds has been paid m dividends. That has been the only return. 18. The Chairman.] For how many years' working?— Thirteen years' milling 19. Has tha, capital been in operation the whole peri,,,!? Yes. practically. The bullion lhat we have won Iron, the mine has nearly all gone back into it. [s |0 80 - Thereior «. H'*' >'"*> Of the property is not £360,000, but a very much larger sum ?—That profiU?--Tha.'is < s,! la ' 1 '" ''"' W " lki "" ''""' ''""'H''"*- on, of what would otherwise be 22 You can,,,,, tell us I suppose, ,1,,- amount of bullion that has gone into the works?—The amount we have won from the mine is £350,000-odd 23 Mr Myers.] I think the £350,000 y eve spoken of as being expended includes the bullion that has gone back into the mine?— Yes. ** ™ ,1- :••.'■/,«,,, r/ ""''"'"""' Wbal '" ' lK ' preSeDl ° apita1 ' '"' ffhal " ils th « '"''-"'•''l capital-because .his £33,000 may represent a very huge percentage on .he original capital What is tte Sal "" , '" , "" lx, '" ( • ,< " , —' *™ - -ha! information L AucSand 25. Mr Mueller.] Mr. Myers has asked you a question as regards ihe extra cos. of treatment putting it at a suppositious 2s. per ton ?—Yes. treatment, 26. What would be your answer if I put the same question to you, substituting a smaller sum ■ /T 1 "' '"' ??■ T,' '" ' '"' ■'''" '"' eYeD ld? - ] d 0 " ot SU PT"-' 6d. would absolutely cose the mill down, but n would make a big inroad in our small profit • he

Auckland, Saturday, 4th June, 1910. Mr. Myers: | have here a general set of screens ranging from 10-mesh up to 200-mesh Would the Commission like to have them? * «ouia The Chairman: I think so. , Mr - My6rg: ','T- V ,'c P e . rinitted v ' P u « -hem ; n- They were handed to the Chairman by Mr Grace, manager oi tte Waih, Junction Company. [Sample screens put in.] I have also here a p^sZSghtrnSh Mr ' ' teBt - tUbefi PI " " thel ' ' J — "' ** -^hat 77„- Chairman: The only point is this: Only certain samples are taken and tested through a test screen Ihere ,s a certain amount ~f doubt as to whether the bulk is equal to tte samnhf I r,' 17 " t"*t commercially it ,s ,„, doubt to your advantage te work the bull equal .the sample but ,n practice there may be variations. 1 should like to know what system each mine in order to make sure that the stuff is really fine. - ' aaoprs in Mr. Myers.- Very well : I will call Mr. Grace first on that point. William Fhank Grace further examined. (No. 81.) 1. Mr Myers.] You heard the question asked me by the Chairman just now Would you kindly state what ,he method of sampling is?-We, of course, discharge ~ dv fresh cakes"off the vacuum filters that ,s the whole of our residue-and fro,,, such cakes a man ,oes along and takes a sample ot each one of those leaves. S X Q TaKCS 2. The Chairman.] There may be left, possible, coarse stuff in the lanks?-Yes, a very small amount. Che tanks are cleaned up periodically. The quantity left in them is so small-less than I per cent of the tota bulk very much less. I do not k„,,w whether I have the sizing test of that , *■ ''' M f?-l And What is the volume from which the samples are taken ?-From the whole of Jn'e residue " ''"' '"'" '""'"^" '"" °" l - v f '"' sizin «' bui also <" & **> •»* "S 4. Mr Mitchelson.] The bulk does not pass through the meshes ?—No, it never has been done • il is too delicate a screen altogether. ' r, i?" « 7 "' '''"'"''""" \ Exaot -y- " « like a c-ment-mill, in which the material is graded to a certain fineness but only a small portion is tested. That applies to your mill: does it apply to al the others ?-| may say that they have to take a sample very accurately, otherwise they woK not c. fair proportion o the gold contents. In th,- case „f our own process we take duplicate sample "' m,l< ' ' ,l "' 1 h " ih both m respect to the assay value, and as to the sizing test.

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Hakkt Stansfield examined. (No. 82.) 1. Mr. Myers.] You are a mining engineer, and you are engineer and manager of the Talisman Consolidated (Limited)?— I am. 2 How long have you held that position .'--Si x years and a halt. 3 How many men are employed by your company? Al the present tune, -80. _ f' Have you employed that number of .mm for long, or has the number been gradually increasing until it has reached the present number?—l think there were employed 270 at the time I cam, here, and we have reached the present number gradually. j Do you know when your company commenced operations al karangahake ?—July, l»9b. 6. Was that before or after the Proclamation thai was issued proclaiming the Ohinemuri and the Waihou Rivers to be sludge-chi els? I could not say. 7. The Chairman.] Were those the Brsl operations in that mine, or were ihere previous works? --There were previous workings to a small extent. „.„,,._ 8 Mr Myers 1 And has the oompany worked continuously since 1896 I- Yes, as fai as I knov-. 9' What is the share capital of your company?— Three hundred thousand pounds 10. All paid up?—No; 2s. liability. 1 may say it was reconstructed ,11 1904 with -Is. liability: Is. of that has been called up. _ ~.,,„,, 14. You are now in the fortunate position of paying dividends I— Yes. 12 When did you commence paving dividends?—l9os. 13. Tha. was shortly after your management commenced?— Two years alter. II \,- e v„„ able to say win. is the total amount expended by your company in connect,,,,, with the development of the property?—l have a memorandum here. 15 Sof all will you give mi. .his information if you can : what amount was expended up to 1905, when the dividend-paying stage commenced;- Prior to 1905, £75,000 16s. 3d. was expended on machinery, plant, and buildings. ... , ;„+„,.<,»!='! Wa 16 The Ch,»r,nan.] Did that include the purchase of the original company s interests ?-We know nothing about that. T think that is the actual amount expended according 10 our books. 17 And what !y a , the amount expended on development work up to that time-mining, treati, -ing and treatment of ore up to the Ist May, 1910?—£747,382 19s. lid. _ 19 That is since you commenced operations in 1890 J—les. 20 In addition to that £747.000 .here is the amount expended on machinery, plan., and bnildino-s?—£l47 507 2s. lid. That is also up to the Ist May, 1910. hUII 21 g In addftion to this amount that you have given us I think 7-- are able to say the amount that has been actually paid out in wages up to the Ist May 1910?-£44 , .44.,. - 22 I presume you had up to 1905 been recovering gold?— Yes. 23. But that was going back into development-work?— Yes. , 24. Can you give me the value of the bullion won up to the Ist May, 191... In youi oompan* ~*\f Swas tte total number of tons crushed up to the same date? 383 582 long tons. th'-£,712 a calendar m0 ' 1! 29. What grade of ore, speaking generally, do you treat a, your battery? Judging from .he evidence it is fairly high grade. 30 That is to say, it has been fairly high in that place? -Yes. % Z*?l2TB£*,"!S „,...., o« - „,, Yes it would increase the amount that would be unpayable. 'ft s-rmssfi »;;'"."■.,, «, ■ «- -*-•■«• ■— "J SSrH 1» «», -to -J '« *'*"* « *"'"* " ««"-"°- " " only an estimate. . ;,,,i;,.,, ion -,s to the rjercentage of ore which Sin I adj that I give the proportion, but ~s a c0n- .;,,,,,,,,,,. proportion. T cannot, however f «° f iN W( „. k and duri ng the intervening I:,;,- have beeti extracted under the eScted?-No, T could not. but 1Q rfco Chairman 1 Could you say what would nave 11101 < ■, , • shoi a profit under neighbour. ' 40. Mr. Myers.] Do you think y Sl™Vei-S would have had to be - - > — ,*-*-** is, if the ore would stand it.

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41. And if not?—lt would remain in the mine: we would not take it out. 42. The Chairman.] It is not essential that the place of treatment should be at the mine—it is merely a question of expense?— Yes. 43. Mr. Myers.] Could the ore be removed from the mine by railway-trucks?— No. 44. Why not?—l do not think the railway-line could be laid into the mine. 45. Or up the gorge in such a way as to be able to take away the ore?—lt is a matter of cost. 46. Supposing, if you can suppose such a set of circumstances, that the mine were being opened without the knowledge you now possess of the value of the mine, and that it were impossible for you to deposit your tailings in the river, do you think that you, as a mining engineer of experience, would have advised the expending of all the great sums of money that were expended on the mine?—ln opening up a mine it is really a process of evolution; you know very little about it. 47. At all events we may take it that the fact that you were able to deposit your tailings in the river was of the greatest possible advantage to the company? —A very important factor undoubtedly. 48. Up to the time when you took over the management, to what degree of fineness was the ore being crushed at your mill? —When I came there they were crushing through the 24-mesh screen. Since I came there we have crushed to the 30-mesh screen. 49. And I think you are still crushing to the 30-mesh?—Yes. I mean, they actually crushed through the 24-mesh and now we actually crush through the 30-mesh. 50. You have tube mills actually in position?— Yes, they will be landing within the next six weeks. 51. I think you have done that quite irrespective of any question of the setting-up of the Commission?—We have done it for commercial purposes. 52. And when you start with your tube mill to what degree of fineness will you be grinding? — Everything will pass through the 100-mesh. 53. That means, of course, that a certain percentage would pass through a very much smaller mesh ?—Undoubtedly. 54. Up to 200 —any portion of it? —Yes, a large part of it. 55. Are you able to give the Commission any particulars as to the percentages of different fineness at the present time? —Yes. Remaining on the 30-mesh, o'oB per cent. ; remaining on the 40-mesh, 324 per cent. ; remaining on the 50-mesh, 12374 per cent. : remaining on the 60-mesh, 663 per cent.; remaining on tin- 80-mesh, 1476 per cent.; remaining on the 90-mesh, 968 per cent.: remaining on the 100-mesh, 0672 per cent. Passing 100-mesh, 52*56 per cent. This is as far as we grade up to. 56. The Chairman,] Are those figures the results of samples taken over long periods? —We have made innumerable tests, but this was a test made some six weeks ago. Our general tests corroborate those figures very closely. This is an average test. 57. Mr. Myers.] You heard Mr. Grace tell the Commission how he took his samples : do you take yours in the same way?—No; we are not using the vacuum-filter process, but we are installing it now with the tube mills. We shall sample in the same way when we get into working-order. 58. May we take it that the crushing as you have done it through a 30-mesh —that a certain amount of stuff is going down the stream, and would be deposited, as a great deal has been deposited, on the banks of the river? —Yes, some of that sand will undoubtedly lodge when it gets into slow curves and eddies. 59. Do you think that the position will be different in that respect when you start crushing with your tube mills in such a way as that all your product will pass the 100-mesh? —I think it will. 60. In what way?—l think the stuff will be more easily transported in the river or sludgechannel. 61. Would you expect that any substantial deposits of this finer material would be left by the river upon the banks —I mean the material that would pass through 100-mesh screens?— Certainly nothing like the present condition of affairs. 62. I want you to assume, if you please, that the river will be cleared of willows and other obstructions?—l think if the river is cleared of willows and other obstructions, and the channel is confined, it will all go down the river. 63. Mr. Mitchelson.] We have been told that while the current is fairly strong the material will be held in suspension and will go right out to sea, but where the water is still a certain proportion will sink, and also that the inflowing tide will disturb the particles in suspension?— Yes : that will be so, I think, with regard to the slimes. 64. Only with regard to the slimes? —The slimes —only the fine sand. 1i.",. Mr. Myers.] I want you, as a result of your long experience, to say whether or not you think that if the river is cleared of willows and other obstructions no appreciable damage will be caused by depositing in the river the material that will pass through, say, the 100-mesh?—l think that, in this state of the banks a certain proportion of the residue being carried by ihe Hoods must necessarily lodge or be deposited in some places. 66. Mr. Mitchelson.] Including slimes?— Everything that is carried. Even when the tube mills are introduced there will still be a certain percentage of sand, but the amount of sand put out will be very small indeed. 67. Mr. Myers.] Assuming that stop-banks are erected where necessary, do you think then that any damage will arise?—lf the stop-banks are maintained it would improve matters. 68. Mr. Mitchelson.] You must assume that if you get a local authority elected to deal with the river they would necessarily see to the sluice-gates on all the drains?— Yes.

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69. Mr. Myers.] In referring to the erection of stop-banks where necessary, what do you mean by the term " when necessary "? Do you mean all along the river? —I should say, where required. 70. I suppose you do not pretend to be able to say to what extent they are required ?—No. 71. Leaving slimes out of the question for a moment, and devoting your attention simply to the question of mining debris other than slimes, would the closing of the rivers as sludge-channels affect your work? —Very seriously. 72. In what way?—We are arranging to develop the mine in depth through the Woodstock shaft. A large part of the opening necessary in connection therewith will be either through country rock or unpayable ore, probably. 'Ihere is no other place to deposit that material except in the river. 73. The Chairman.] In the main river or in the creek?—ln the creek that runs into the Ohinemuri River. 74. Mr. Myers.] Could you not return that material to the mine for the purpose of stopefilling?—Not at present. We could do so when the connections are made with the other portions of the mine. 75. Do you think it would be possible to return the slimes to the mine? 76. The Chairman.] Ido not think you need go on with that. Without expressing any opinion I may say that I think we have had sufficient evidence on that point. (To the witness :) I understand you could not at present return the stope-fillings, but that as soon as you made certain underground arrangements you could return the stuff. You are going to tip it into the bed of the stream?— Yes. . . 77. You would wish to do so at once. The next fresh would probably take them away: it is fairly large stuff? —From 6 in. to 8 in. in diameter probably. 78. It really means that the staff has to go down the stream?—lt has to go down for some distance. 79. What bulk of stuff do you consider the present operations have in view —that is, of stuff that may be thrown into the stream ?—The sinking or driving in connection with the working of the Talisman Mine would probably result in 7,000 or 8,000 tons being deposited in the river. 80. And after that is done, as far as you can foresee, is there any other development-work which would involve similar operations? —Not in my mine. The Chairman: I would like evidence upon that point as regards the Crown Mine. 81. Mr. Myers (to witness).] You know the Crown Mine workings, do you not?—l know where their tunnel goes into the mountain. 82. Suppose they want to do any further driving from the hillside, do you think they can do so without tipping a certain amount'of stuff into the stream ?—They would have to adopt the same process we are adopting. 83. The Chairman.] You cannot say whether they have any scheme in view of developmentwork?—No, I cannot, say. 84. Mr. Myers.] You were in the Court-room at Paeroa, and you have heard the evidence given with regard to the other suggestions that have been made of removing the tailings by pipe or flume? —Yes. 85. Have you personally made any estimate of the cost of the adoption ot such a scheme ?—No. 86. Why not?— Because I understood that the witnesses on behalf of the Waihi Company were going into that question, and would cover the ground. 87. Can you say anything with regard to the proposed schemes?—l think that tailings or slimes wherever they may be deposited will be very difficult to hold there. I think it will entail very great expense to retain the tailings on any of the sites that have been mentioned, even if it were possible to dump them, or flume them, or get them there in any way. 88 The Chairman,] The present suggestion, I take it, is that this stuff could be ground so tine that 95 per cent, would flow out into the Hauraki Gulf : have you considered any other means of taking this stuff away except that of it going into the Ohinemuri and Waihou Rivers, and thence to the Hauraki Gulf ?—I have not. 89 I understand your evidence to be that you do not consider that scheme to be possible practically or commercially, or without causing a nuisance by retaining the tailings until they are dry? —It would be very difficult. - 90 Mr Cotter ] Mr. Myers said supposing an additional cost of 2s. per ton was put on to the expense of the treatment of your ore, it would mean the retention in the mine of a large body of ore which you at present treat?— Yes. . 91 Supposing that the amount were reduced to, say, 2d. or 3d., would that make any materia difference in the treatment of the ore in either your mine or any other mine, to your knowledge? —It would make 2d. or 3d. difference. . 92 But would it mean the retention of any appreciable body of ore in the mine that is now treated'?-It is just like this : If we had a block of ore worth, say, £1 10s„ and you tack 3d. on to it, that block will stay in. _ —...ij 93 With a difference of 3d., can you give us any percentage at all as to what effect that would have on the retention of ore in the mine, or can you give us any idea at all on that point ?-Wo 94 Would it mean the retention in your mine of 1 per cent, of the output ?-I could not say. 95' In your opinion, would not the companies be very willing to contribute an amount say, not exceeding 3d per ton, the present condition of matters to continue, so as to put the tailings fnto ttTrivef, anddlow somebody to take all proper measures to prevent the tailings doing further lamage?-I could not express an opinion on that; that would rest entirely with the directors. 96 In your opinion as mining engineer can you not say?-No; that would be a business pronosition anil rests purely with the directors, and not with me. . P 97 Supposing P you' were advising the directors, what would you say as their eng,neer?-I would consider the local circumstances, and advise them accordingly.

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98. You know all the circumstances?—l would wait until the condition arises. 99. The condition has arisen ?—I would advise the directors if they asked me. Mr. Cotter: Mr. Myers has kept the price at 25.; I am going down to 3d., and I am coming down even lower than that. If the witness refuses to give any answer, even after I put it at Ad there is no use my wasting time. "' The Chairman: The impression in my mind is that he could not publicly state what his advice to his directors would be. 100. Mr. Mueller (to witness).] When was the Talisman Company hist reconstructed?—l9o4. 101. What had the previous company paid out in the way of'dividends?—l could not say. Ihe talisman and the Talisman Consolidated were amalgamated, and I think the previous company had some assets to distribute. I have no means of knowing what they paid. 102. I notice that your dividends paid amounted to £401,250 since the reconstruction ?—Yes. 103. What were the dividends prior to reconstruction ?—The company paid no dividends prior to reconstruction. 104. We are taking the whole expenditure since 189(1, and you gave us the dividends at £401,000? —\ es. 105. Those dividends have only been paid since the reconstruction?— Yes. There was a New Zealand company operating this mine prior to the London company, and what their shareholders may have received in dividends I do not know. 106. Does your company not at the present time send ore over to Australia or elsewhere for treatment?—lt sends concentrates away for treatment. 107. Has that practice been in vogue for some years?— Yes. 108. What number of stampers are running at the present time?— Fifty. 109. Do you intend to increase the number when your reduction plant is completed ?—lt is not the present intention to increase the number. 110. You intend to erect tube mills?— Yes. 111. How many?— Three. 112. The Chairman.] Does that mean an increased output?— Not necessarily. Samuel Edoee Fkasek examined. (No. 83.) 1. Mr. Myers.] You are a member of the Institute of Mechanical Engineers, London?— Yes. 2. And you arc the superintending engineer and manager of the Waihi Company's works at H aikino?—Yes. 3. Before I go any further I want you to tell us what, if anything, happened to the Waihi Company's dam through the flood in March last?—The flood tore away the soil on the right side of the wing wall. 4. The Chairman.] Have you made any calculation as to the volume of water which passes over that dam at time of flood? Had you any means of ascertaining the antecedent velocity? I could not say really what did pass over it as a matter of fact. I could only give it as Mr. Adams took it in the gorge on the day of the flood. 5. Mr. Myers.] You have had some twenty-four years' practical engineering experience?— Yes. 6. How long have you been employed by the Waihi Company?— Fourteen years and a half. I came here in 1896. 7. You designed their mill at Waikino? —Yes. 8. Did you have to advise upon or determine the location of that mill?—No, I had nothing to do with settling the site of the mill. That was done by the superintendent. 9. After discussion with you?— Yes. 10. Then you will probably be able to tell the Commission what the factors were which determined the company to erect the mill there?— One was the available water, and the other was the disposal of the residues into the river. I understand that at that time the river was gazetted a sludge-channel. 11. How long is it since the mill was erected?—We started to crush in March, 1898. 12. Has that mill been extended from time to time? —Yes, practically the whole time. In designing the mill we took into consideration the partial extension, but we started with dry crushings. We designed the mill with outfalls 2 ft. above the bottom of the river, with 1 in 30 gradient. 13. That gradient would be flooded on some occasions?— Yes. 14. That does not worry you?—No; we have water coming in that accelerates the flow. 15. Have large extensions from time to time been erected in view of any other possible scheme in regard to the deposit of tailings other than in the river?—No, I do not think it entered into consideration at all. 16. Do you happen to be able to say what amount of money has been expended on the mill at Waikino?—Up to December of last year it was something like £353,000 —that is, the capital expenditure —that is, the expenditure in plant proper for running conditions. 17. The whole capital expenditure on experiments is included?— Yes; there was a large amount of experimental work. 18. If you were to start work again at the present moment they would not cost the same amount?—We have had to pay for our experience. 19. What would it cost you to erect a plant at Waikino?—Very much the same. 20. The Chairman.] With the experience you have got it might be possible to erect more suitable works at less cost?— That is so. 21. The amount mentioned includes a railway, and everything?— Yes. 22. .1/r. Myers.] You have not really considered that?— Yes. The whole system has changed; we have gone in for tube mills.

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23. The Chairman.] Some things may have developed so as to put a completely different aspect Mr Myers'] Have you considered any alternative scheme to that of depositing tailings in the river?— When (he matter first came under my notice 1 was asked to draw out a scheme with the possibility of the stuff not going into the river. 25 I think you based that scheme on the transmission ot slimes from Waikino f— ies. 26' And the'scheme v„u considered, 1 think, first of all was that of transferring the tailings direct from Waihi to Paeroa by means of elevators, wheels, and launders—somewhere in the neighbourhood of Paeroa?—At that time I did not really know the locality of the Rotokohu Swamp. 27 You assumed for the purposes of your calculation that that area could be obtained 1— Yes. 28. You also considered the possibility of removing the material by means of railway-trucks I Yes. 29 And also the possibility of removing it by means of a pipe?—By fluming. 30. And your various estimates have already, I think, been put in by Mr. Grace when giving his evidence? —Yes. 31 Are these figures the result of careful calculation ?—Yes. 32 Are there in connection with any of those schemes what you might call unknown factors which you have been unable to take into consideration?— Yes, in the third scheme—the pumping 161 33. What are those unknown factors?— What we considered the most serious was the effect of the slimes on the pumps themselves and on the pipes in transmission. 34 These slimes, I understand, have a cutting-action ?—Yes, we have had experience ot that. 35. And I think before the members of the Commission left Paeroa you showed them a number of tubes bearing the effects of that cutting-action?— Yes. 36 The Chairman I Those were iron or steel pipes: have you not considered wooden flumes I —Yes, our experiments with slimes included the cutting effect on wood. Our experience in the case of wooden launders has not been favourable. 37 You have not had experience of pumping sludge through wooden pipes?—We are returning the slimes through wooden pipes now, but it is not going through with any degree of velocity. ' 38 Mr Myers ] Are there any unknown factors in connection with that pipe scheme 1— there is the question of the settlement of the sand at the bends; there may be a certain amount of settlement going on there. . , 39 Would that same difficulty not arise, or arise to the same extent, if the scheme were adopted of forcing these slimes through pipes?—The third scheme—the pumping scheme—was really more suggested with the idea of reducing the height and the liability to break down. There is a liability to break down. , .... 40. Do you think you would like to undertake either scheme?—No, I should not if there was to be continuous running; I would not recommend it. ■ _ 41. You have heard reference made to the possibility of taking the material by rail to the beach, or to some point overlooking the beach ? —Yes. 42. You have not given that matter serious consideration, have you?— No. It certainly entered my mind when considering the transporting scheme; but as far as I could see it meant a tremendous expenditure on the railway. As far as the company is concerned, its railway-line could not be utilized. . . 43. Have you any idea what the distance would be from Waikino?—l think, about twelve miles. The distance from Waihi to the sea would be about nine miles in one way, and about seven if you go straight out towards the beach. 44. Would such a scheme cost more or less than a railway discharging at, say, Kotokohu I— Yes, I think it would cost more, because the haulage would be on the up grade. 45. The Chairman.] Yes, from Waikino, but from your mine it would not be so?—lt would be practically level, I think. 46. What is the lowest estimate for the carriage of quartz and tailings?—l think Is. 9d. per ton, and that is limited to twelve miles; that is for transport only. 47. There is no traffic now?—No, we fixed this calculation at the lowest possible rate. 48 Mr Myers.] I suppose we may assume that a-great deal of the expenditure of your company during the last fifteen years has been with a view to reduce the cost of working, so as to enable the working of ore which otherwise could not be worked?— Yes. 49 So that, if you put up the cost of working, a very large amount of the value ol your expenditure will be lost or neutralized?— Yes; our object is to get the working-cost down to the lowest ra , . question of expense—l am referring now only to tte question of the removal of the slimes by pumping or by flume—would you personally consider either scheme a practicable one?— There is always a liability of breakdowns interrupting the continuous working 51 I suppose you do not know anything as to the capacity of water to take away slimes?—No, 1 have never given very serious thought to that, except in the way of the experiments we have made from time to time. _ , . . 52 You have made experiments in connection with pumping?— One of the factors in connection with pumping is the extra amount of resistance there would be in the pipes, especially in the case of thick slimes. As a result of experiments made, the deduction is that it takes additional power to pump slimes through a pipe. 53. You heard the evidence given by Mr. Grace? —Yes. 54 Do you agree generally with what he has said?— Yes, in the main. ... 55' Is there anything you can add which you think may assist the Commission in any way?— In reference to the question of impounding the slimes at Rotokohu Swamp, I think that to retain

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them there would be a most difficult problem. They would also take an enormously long time to dry; there are certain absorbing qualities in them. 56. Have you given any serious consideration to the question of effecting improvements in the river, and as to whether that would meet the difficulty ?-I suppose it is the same old story. It is the willow business ami probably shortening the course of the river at Pereniki's Bend:' that is about the only thing that can be done. ' 67. You think that if river-improvements were made, that would overcome the difficulty?— I have ~„ doubt in my own mind that the sectional area of the river is being decreased by the Willows, and as an engineer 1 am of opinion that it is not sufficient only to remove the willows, but also Unit the present accumulations must be removed—that is, the tailings 58 You think that suitable cuts should be made, that the tailings and willows should be bTdoiTe 1S ' ta,hn g s? — Yes > all( l I ttink it is essential (hat some dredging should 59 The Chairman.] Do you think it is essential that some remedy should lie found which will prevent the slimes getting on the land in time of floods?— Certainly. 60. What remedy can you suggest?—l can only take it from,-, lav point of view, but I think the course of the river might require altering in certain places. If the alterations I have indicated are made, even when a flood comes down you will only have to deal, in the way of tailings with the product ot a few hours. In regard to stop-banks, that would lie all a question of cost enditure" '"'" '' eCOmlnend sto P- banks ils " n e of your expedients?— Yes; it is a question of ex--62. Mr. Cotter.] You have told us that you are practically in charge of the crushing at Waikino battery, and that you have nothing to do with the production of the ore at the mine?— That is so _ 63 Do you in any way classify the ore, or do you crush everything that is sent down /-Everything that comes down. ' 64. You have told us that you have had some consultation with Mr. Barry as to where the battery was to be placed?— Mr. Barry settled that point himself; I came in after. 65. You do not know the reasons which actuated him in putting it where it is?— Yes lam satisfied it was the question of the cheapness of treatment of the ore, and the water-power 66. Ihe Chairman.] Possibly if he were redesigning that work he might have selected another place ! — Yes. 67. Mr. Mueller.] You say that the figures which Mr. Grace gave us the other day as regards stacking the quartz were practically your figures?— Yes. ' 68. There is one item of £12,000 put down as the cost of a square mile of country at £20 an acre s—Yes. J 69. Do you know that there is some land in the neighbourhood of Paeroa that has been advertised at £6 an acre, not far from the place we have been referring to?—I assume £20 an acre and 1 think the estimate is a fair one.

Auckland, Monday, 6th June, 1910. Ernest Oswald Clayton examined. (No. 84.; „ 1 - Mr - Moresb y-] I think at the present time you are Engineer to the Devonport Borough Council? —That is so. & 2. You lived in Paeroa from the year 1896 to the end of September, 1902?— That is so. 3. And you were Foreman for the Ohinemuri County Council from the 6th November 1897 to the .'loth September, 1902?— Yes. ' 4. And during that time Mr. Armstrong was County Engineer and afterwards Mr McArthur for a second time?— Yes. 5. You are thoroughly acquainted with both rivers?— Yes. 6. I think you had a small steam-launch of your own which you used on the rivers?— Yes I was always going up and down. 7. Taking the Ohinemuri River, how far could you go up in your boat in 1896?— Up to Mr Cock's place. 8. What was the nature of the river: was it a clear river ?—Yes, you could see the bottom of the river at the Paeroa Traffic Bridge. 9. Was it a deep river or a shallow river I— It was very deep there, especially just below the bridge. 10. What would you say the river averaged in depth at that time up to Cock's place at low water.'- -At Mr. Cock's there was 4 ft. or 5 ft. at low water. 11. I think there were several large pools in the river?— Yes, very big pools, from 20ft to 25 ft. deep. 12. Do you know whether there was a very large hole near the site of the present butterfactory .' Yes, a deep hole where we used to swim. 13. What was the state of the willows at that time?— They were pretty bad, but much the same as they tire now. 14. The Chairman.] How long is it since you have been in the district?—l was there last Easter. I left Paeroa the day before the last big flood. 15. Mr. Moresby.] When you came to Paeroa in 1896, to what wharf did you come?—The Town Wharf at the end of Wharf Street, in the s.s. " Paeroa." 16. The steamers came to that wharf then?— Yes.

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17. Subsequently a wharf was built at the Junction, lower down, and the traffic went down there?— Yes. 18. When did you first notice mining-silt make its appearance in the river?— About 1898. 19. In what portion of the river did you first notice it?—The first place where we noticed it was on the bank near the butter-factory. It began to bank up there first. These aggregations of silt ou the banks increased rapidly. 20. Did they have any effect on the river traffic to Paeroa? —Yes, it began to be difficult to get past the Town Wharf with a launch. A large bank began between the traffic-bridge and the Hailway Wharf next. 21. And the steamers gradually got down the river? —Yes, they ceased to come to Paeroa, and did not come above the Junction. 22. That is on account of the increase in the mining-silt? —Yes, 1 presume that would be the reason. 23. 1 think you know the Waihou down for some distance? —Yes, I am well acquainted with the river right from the mouth to Te Aroha. 24. How far up the Waihou have you been in your boat?—To the Gordon Settlement. 25. What was the condition of that river?— Very much overgrown with willows—nearly closed up in places. 26. So you Know the Waihou from the Gordon Settlement to the county-boundary? —Yes. 27. What was the condition of the junction of the two rivers when you first knew it?— There was never any signs of tailings or slimes of any kind. 28. Just up the Waihou, I think, there is an island?— Yes, I remember it. 29. What was the condition of the river at that place when you first knew it? —There was a deep channel on one side, and a groin across on the other side to divert the current to the one side. 30. What was the length of that groin at that time?—lt would not be a chain long. 31. Captain Sullivan told us he put in that groin? —1 did not know that. 32. Was the island there then further down opposite the Hape Creek?— No. 33. There were no accumulations of mining or other silt there?— Nothing at all at that time. 34. When the steamers left the Junction Wharf to go to Auckland, where was the channel in the river? —On the same side as Kenny's—the eastern side. 35. Close in?— Yes. 36. Have you been to the Junction lately?— Yes. 37. Have you seen the bank that has formed there off the Hape Creek?— Yes. 38. Is thai bank in what was the old channel?— Yes, I should say so. 39. Can you remember the first time the water came over the banks into Paeroa near the traffic-bridge?— Yes, I was there. I think that would be in 1898. A very big flood occurred in that year. am 40. The Chairman.] Can you tell us whether that was an Ohinemuri flood or a Waihou Hoodl —I do not think there was any flood in the Waihou that day. 41. Mr. Moresby.] Where did the water come over? —Between the traffic-bridge and the present butter-factory. 42. Did that flood do any damage to the township ?—Yes, a great deal. 43. Did you have any more floods during the period you were there?— Yes, two or three more, but not as big as that. They did not come over there. 44. When was the first time you visited the Ohinemuri after you left the district tor good !— In May, 1908. I was away over six years. . 45 Did you notice any difference in the Ohinemuri Biver?—l was scarcely able to recognize it. 46! The Chairman.] Were you all the way along the Ohinemuri then ?—I had a good look at it from Thorp's Bend to the butter-factory, and then I went along in the train. 47. Mr. Moresby.] Had the banks altered at all?— Yes, the old banks were quite obliterated m many places. 48 Did you visit it again just before the last flood? —Yes. 49 Had it got any worse?— Yes; I could even notice a considerable difference in the two years. 50. Did you inspect the river at all on that occasion ?—Yes, I went more for that purpose—to have a look at it. I went along it right to Owharoa. . 51. All the way along the river, say, from Thorp's?— Not round all the different bends. 1 generally followed it between these two points. 52 What did you find as the result of your inspection ?—I saw that the river had contracted very much in width, and the original banks as I first knew the river were hardly to be seen anywhere Then I found between Mackavtown and Owharoa that a great deal ot damage had been done to the river-banks, especially about Karangahake. The banks had been washed away. 53 The Chairman.] Were there deposits in one place and wash-outs at another closely adjacent?—l could see that the damage done at Karangahake and the place above Mackaytown was not caused by tailings. , ... . 54 That is,'not directly by tailings, but it may have been indirectly caused by tailings owing to the river-level having beer raised below?— No. I attribute the damage up there to the heavy material—mullock and rock—put into the river from the mines and railway 55 Mr Moresby.] I think the whole of the Talisman cutting went m there—a huge excavation?— Yes, and the stuff from the railway tunnel, and a lot of stuff from the county roads. 56. Is there anything further you wish to tell us about the river at that time?—No, nothing of I should like to ask whether you know in the Ohinemuri any sandbeds which might be washed out by scour and resemble tailings. A statement was made by one witness or counsel that there was a place on the banks of the Ohinemuri where there was a large deposit of fine sand: have you any knowledge of such a place?— No.

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58 Mr. Moresby.] The present County Engineer has referred to a certain cross-section put in in 1901 : you might know something about it?—l put in the posts with a man under the supervision of the County Engineer, Mr. Armstrong. They were to be used as bench-marks They were put in from three-quarters of a mile to a mile apart between Paeroa and the Junction. 59. How many cross-sections were put in?—l think, ten, speaking from memory , 6 °,', ' Iher a ¥", bee " a big hunt t0 find tllL ' so old ma] ' ks > alld '" mailv instances they have not been able to find them: what sort of posts did you put in ?—Split totara posts about 7ft longordinary fencing-posts, ranging from 6 in. by 6 in. at one end to 5 in. by 5 in. at the small end 61. And standing how much above ground?— 3 ft. 6 in. to 4 ft. ~ J\^ 6 l C ?,' not find any Sign -° f several of them at the P re « ent time: a 'e you surprised at that f —i\ot at all. r 63. Did you take any observations?— Yes; these bench-marks were put in at each side of the river opposite each other, and a cable was stretched across, with tags every 10 ft apart to get the true cross-section of the floor of the river. It was to act as a record, so'that we could' tell if the floor of the river was rising. 64 W r hat did you find from these observations? Was the bed rising?—The first time we took these observations we found in the upper part of the river that the bed of the river was hard and level, and the depths every 10 ft. across were carefully noted and recorded 65. How often were these cross-sections taken ?—I lielieve the next one was taken twelve months afterwards. 66 The Chairman.] Is that only a question of belief: you have no personal knowledge?— Yes 1 was there. b ' 67. Mr. Moresby.] What difference was noted?—We found the river bail shoaled at these places 12 in. or lo in. r 68. Do you mean the floor of the river had risen?— Yes. 69. Would you recognize the plans of these cross-sections?— Yes, these are the plans [Exhibit iNo. 63 produced, and inspected by witness.] 70. These plans would show the results?— Yes. 71. There is nothing further you can tell us about the Ohinemuri or Waihou Rivers?—No excepting that I believe this mining-stuff travels along the bed of the river as it goes down Ido not think the sand is held in suspension. . J. 2 " \ su PP»se you have heard that the treatment of recent years has been towards very tine grinding?— Yes. 73 Do you know what mining slimes are?— Yes, I have read of it, and I saw it when I was last down there; but in my tune it was rather coarse—it was sand that came into the river 1 4 Are you speaking of the time you were there—that stuff was not held in suspension ?—I do not think so. If the battery stopped crushing for a day or two the river was quite clear again to. The Chairman.] But if the sand travelled along the bottom and was not held in suspension, would not the water have been clear at the top?—The water was quite different when I was there from what it is now. 76. Mr. Moresby.] You are speaking as you saw it the other month ?—Yes 77. What does that difference consist of ?—lt had not that thick slimy look which it has now 78. I believe you went to the Hutt after leaving the Ohinemuri district ?—Yes, I was at the Hutt for close on five years. 79. I think you were in charge of the Hutt River works from the 12th September, 1905 to the Ist May, 1908?— That is so. 80. And for two years before that you were Foreman to the Hutt Borough Council?— Yes 81. Will you kindly tell us the conditions of the Hutt Township and Valley in respect to the river?—lhe Hutt in many ways is situated very like Paeroa. It has a river running right through it, and it has a range of hills very close to it—just like Paeroa. 82. Is the Hutt a fast-flowing rivei ?—Yes, very fast in flood-time. 83. What would you say is the fall in the river?—The fall from the mouth of the river to the Upper Hutt would be over 12 ft. to the mile; but it is made up with rapids at intervals—it is not a continuous fall. 84. Is there a valley there at all?— Yes, and the river runs through it on one side, like the Ohinemuri, close to the range of hills on the western side. 85. I suppose there are no mining tailings in that river?—No, but the silt, and debris, and sand are much the same. 86. Mr. Mitchelson.] You have shingle, which you have not in the Ohinemuri ?—Yes shingle and sand and alluvial deposit. 87. Is it a tortuous river ?—Nothing like the Ohinemuri. The reaches are longer. 88. Mr. Moresby.] In a time of extreme rainfall was the river subject to flooding?— Yes ; I have a note here that the river is subject to sudden and violent floods. 89. Mr. Vickerman.] It is these floods, with the very strong fast-running water that straightened the river?— Yes. 90. Mr. Moresby.] I believe stop-banks have been erected along that river?— Yes. Before anything was done the bed of the Hutt River was as high in most places as the surrounding country—l refer to the shingle-banks—and the whole valley has been under water on many occasions. 91. What about the Hutt Township?—lt is right on the banks of the river, and has been under water several times. 92. Since these protective works have been there have the valley and township been flooded?— No. They have never had a flood which has topped the banks in the Hutt Yallev since the stopbanks have been erected

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93. You have a plan of the Hutt River showing the protective works, and the stop-banks, and the cross-sections? —Yes. . . . 94 Z7( K Chairman.] Can you give us this information: Taking the maximum flood sectionthat is'to say, when the flood-waters are flowing level with the top of the banks-what is the ratio then to the ordinary cross-section of the river?-At the Hut, Bridge right in the centre of the town the Hutt River is contracted in width between the stop-banks and walls to a width of ooott., and 1 have seen the river rise there, in the highest flood I have seen there, 8 ft. 6 in. above summer level It was running at the rate of twelve miles an hour. 95. How did you arrive at the twelve miles an hour?—We tried it with a log. 96. That is, the surface, mid-channel velocity ?—Yes ~ ... ... .. .., 97 Mr Moresby. l What length of stop-banks have been erected ?—Taking both sides of the river I'should say between eight and nine miles. This plan I have referred to shows the nature of the stop-banks and how constructed. , 98 How far back from the river were they put ?-We used to try and keep them as far back as we could, but sometimes on account of buildings we had to come closer, but generally we put them sto 6 chains back. These were put in by the River Board. 99 The Chairman.] Can you give us the highest flood-level you have known say, above summer level I—Eight feet six inches was the highest fresh I have seen at the Hutt Bridge 100. That was* since the execution oi the work: what I want to know is, at what level the engineers determined to put in these stop-banks above the previously highest-known flood J-Four What was the highest-known flood above summer level prior to the stop-banks being erected?-!do not think you could ever find that out properly, because the river used to spread all over the countij stop . ba nks 4 ft. above the highest-known previous flood, he must have known what the highest-known ti 1-level was, and I want to know tts relation to the tatT-5?S£ "as - ■—— the nood-leven-Tery little, if ai ?o4. l^ as ..;::;Xi * **. «* -« ° Ut "/ofwere they covered at all on the side facing the river ?-They were fascined up to about silt and so on. i„„„„,i „„+ 1 v., •it was never injured in any *£; £Z ttJZ2X££S££ rii' £ i -nt. - J * cl S' v^:'vr;; l j:::;.f'i , ,'''; , ;? 1 ;,, v M ,« k ,,- * ■■< *. — ~««.■ **-■»*. 110 Where is the smallest cross-section at the most restricted pa,t?-At the Hutt miQge. 1 ha Tn°«t SCS3T«pJS ££ banks were fenced to keep the cattle off?-Yes, on both sides - ~ , -fi, to drains?— Every drain or creek was provided with a *»2VS:£2Z£&Z SSt?£S'-£- 7 - p-« •'* •» ** *» worked automatically. narticular ancle? —If a drain or creek at s&: ft w£ =£ ,;«.* >r - - ''"', rr ell:; £ !jarßr*£ a^rSiS »»,r i>J rtvi'";~ rjtcjsg 'JrJz srSAts.*. -* - s l l^.pi»db4 i >ri^r n r«hr o Stu,db. ke p,o« .»-w--i.. i <»-.;, rSl£BtS?3tfSyt!S3;»: *• t,?: s.'Ssar.rESrTft- *- m^sks*.«.• -■ *■ « *! ,■, « - -* County. It was a special-rating district iiver ~n to is flivided into 119. What was the amount of tlie 1 ate. in three classes—first, second, and third.

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120. How would the lands on the banks of the river and directly affected be rated?— They would come in the first class. I cannot remember what tte rate is. The lands in the second class, which were not so much affected by floods, pay a smaller rate, and those in the third class pay just a nominal rate. 121. And they made a mistake in not going high enough up-stream with their drainage area? —Yes; they are agitating now, and I believe a special Act is to be put through to give the Board control higher up the river. It is very necessary they should have the whole of the river under their control. The majority of the people out of the river district are anxious to come in. 122. Mr. Flatman.] Has any part of the work been washed away since its erection?— Not the slightest damage has been done to the stop-banks since they were built. 123. Mr. Vickerman.] What is the average size of the gravel in the stop-banks?—lt is just as it comes out of the river, from the very finest sand to gravel the size of your fist. It is ordinary concrete gravel, the same as is used in Wellington for concrete-work. 124. The Chairman.] Have you any data as to the ordinary cross-section of the river and the velocity under ordinary summer flow ?—I have not got that, but it can be got in Wellington from Mr. Meason. It is very important in building these banks to use tip-drays, because the drays in travelling over the banks during erection help to consolidate them. 125. Mr. Moresby.] You say the effect of these stop-banks has been beneficial in that district? --Very. The value of property has quadrupled itself in a couple of years, and the population has increased fourfold. Previously, the most of this land was of no use for agriculture, and was very dangerous for grazing. 126. You do not anticipate that if a similar work were done at Paeroa the population there would increase in four years? —I have often wondered why they have allowed the trouble to go on as they have when they could so easily stop it—it is so very disastrous to the district. I could show you silt in the Hutt River that used to destroy pastures in the Hutt Valley until the flooding was prevented. The cattle were drowned in the floods, and for three months afterwards the pastures were useless for grazing. 127. Mr. Flatman.] Were there many cases of land being swept away? —I know one man who lost 70 acres out of 77 in a very short time. 128. Mr. Vickerman.] Are you sure that the velocity is twelve miles per hour?—l am certain of it. I have seen it run in other parts of the river as fast as a horse could trot. I judge that by the logs going down the river. I think that at the Hutt Bridge is the swiftest part, because the river is confined to a very narrow stretch. 129. The Chairman.] Were you there when the new bridge was being built?— Yes. 130. They had a difficulty in driving the piles?— Yes. 131. What was that due to?—The floods, principally. 132. Was it not due to the size of the boulders at the bridge? What was the size of the boulders at the bottom of the river at that spot?— About the size of a man's head. 133. You think all the boulders at the site of the new bridge are the size of a man's head, and not smaller? —Not many smaller. I have seen any amount of boulders the size of a man's head brought down by the floods. 134. Mr. Moresby.] You know the Ohinemuri district, and the circumstances in that district: do you think these stop-banks would be beneficial if erected along the Ohinemuri River? —I think it is the only thing that can be done to make that land suitable for grazing and agriculture. 135. The Chairman.] Do you include the Waihou in that? —Yes, both rivers, including the upper and lower Waihou. 136. Mr. Moresby.] Where do you consider the stop-banks should commence on the Ohinemuri River? —I think the stop-bank on the western side of the Ohinemuri River should commence at Moananui's Hill, just opposite Mackaytown. 137. How far down would you carry these stop-banks on that side of the Ohinemuri?—Right down to the junction with the Waihou. 138. What distance would that lie? —I should say between five and six miles, following generally the course of the river. 139. Would you generally follow the course of the river where there is a meander of three miles or so?—lf tin- land was worth protecting. 140. Mr. Flatman.] Could the protection-work in the Waihou and Ohinemuri be done at a cheaper rate than at the Hutt? —I do not think it could be done cheaper—about the same. 141. Mr. Moresby.] Now, taking the other bank of the river, where would you propose to start the stop-banks? —If the land is considered worth protecting, I should protect it between Turner's Hill and Tarariki Creek. 142. But there is very little land on that side between the river and the road?— Very little, and Ido not think it would be worth protecting. The same applies between Paeroa and Dohertv's Creek if that flat land is worth protecting it should be protected. I refer to the Chinamen's gardens and Bertelsen's land. 143. We may say that the stop-banks all the way along would depend on whether the land was worth protecting? —Yes. 144. Then, coming to the Township of Paeroa, at Mr. Coutts's house there is a high bank? —Yes. 145. Where would you start your stop-bank there? —Where that high land ends, at the butterfactorv. 146. But if you put in your bank 4 or 5 chains back from the bank you would take in the whole of the Township of Paeroa there?—l would run a concrete wall 50ft. or 60ft. above the top of the bank, and continue it to below the Railway Wharf. Of course, if it was necessary to put it near the Bank it would have to go, but it is always advisable to get it as far back as you can. I think it would go along the road that runs there.

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147. That would be about a mile?—l do not think so. 148. What do you propose to do from the railway-bridge down? —After it gets past the Railway Wharf I should" put the ordinary stop-bank again. 149. Mr. Vickerman.] What art- you going to do where it crosses the railway? Do you know whether the river has come over at that particular part?—l have seen it come over. The railwaybridge would have to be raised, and you would have to carry the stop-bank under. The only other wav would be to have gates to be shut at very high floods. 150. The Chairman.] Then the result of your operations would 1xi,4:0 restrict the water, which, if stopped at that point, would then go over the .own on one side and over the country on the other? —It would not do to have an opening there on any account. It would be worse to have an opening there than to have no stop-bank. The bridge would have to be raised. 151. Mr. Moresby.] That presents a difficulty to you? —I think it could be got over. I think the stop-bank from Moananui's Hill to the railway could have been built with the money lost by the Government in the lines washed away. I think the cost of damage and loss of time and repairs would have been sufficient to build that stop-bank. 152. Would you carry your stop-banks down the Waihou? —Yes, right down. 153. How far down?—! would carry the stop-banks right down to the Hikutaia River. ■ 154. Where necessary?—No, it would have to be continuous. There must be a maximum height maintained above flood-level. 155. Mr. Mitchelson.] The settlers are complaining at Matatoki, which is a long way below Hikutaia? —It is only a question of extending it. 156. The Chairman,] Therefore, in your opinion, the banks could be extended pretty well the whole length of the rivers, and the Drainage Board should control from the Port of Thames, if not below it, right up to the souice of the Ohinemuri? —Yes. 157. And on the Waihou ?—Up to Te Aroha. 158. Then, you would include the Waihi Borough Council in your drainage district?—l think so; they ought to be. There should not be two authorities in control of the river. 159. Would you consider it necessary to do anything with the willows at present in the Ohinemuri and Waihou? Yes, T think all the willows en the Ohinemuri ought to be cut down —not grubbed out: leave the roots —and I think great care should be taken that none of the limbs and branches fall into the river. I think the river ought to be thoroughly snagged. 160. Would you keep these willows alive or destroy them? —No, I would not destroy the roots, but I would never let the young shoots grow up. 161. Up to what size would you restrict them? —Not more than 4 ft. or 5 ft. altogether in height. 162. They would be cut down annually?— Yes. 163. Mr. Moresby.] That would be an annual cost for maintenance? —Yes. I think the cut that I see is proposed to be made at Pereniki's Bend would be very unwise. 164. What are your reasons for thinking that?—T think the first effect would lie that it would set up a scour, and shift all the sediment and stuff in the Ohinemuri at once. 165. Where to?—To the mouth of the upper Waihou at the Junction. It would deposit it there between Thorp's Bend and the mouth of the new cut. It might actually block the mouth of the Waihou up. I reckon it would ruin the Ohinemuri between Paeroa and the Junction as a settling-basin for tailings. 166. Would that cut be necessary having in view the stop-banks you propose to erect? —No, I do not think so, with the stop-banks, and the willows cut down. 167. And you do not think any other cut would lx> necessary? —No. The one at Thorp's Bend which has been suggested might be beneficial. The circumstances are totally different. But I do not believe in cuts in these rivers. They have never been a success where T have seen them tried. They cause mischief in unexpected places. 168. It is a dangerous thing to interfere with nature? —Yes. I believe the cuts would scour out, and there would be no end to the width and depth, and the stuff scoured out would be a big trouble to know what to do with, and would cost an awful lot of money. 169. Mr. Flatman,] What, in your opinion, would be the difference in cost of making a cut or putting an embankment around the present river?—l think stop-banks could be put up at the cost of the cut. 170. Have you thought it out? —Yes. Another grave objection to the cut is that it would render the Ohinemuri a back water there, and it would be useless for navigation or anything else, and would deprive people of riparian rights. 171. The Chairman.] You said you had seen cuts made elsewhere which were not a success: can you give us an example?— Yes. We put in two or three in the Hutt River. While the flood was on (lie water went through them, and when the water was falling they would silt up at the entrance. 172. Mr. Moresby.] In this scheme you propose, do you think a dredge will be necessary?— Yes. In building these banks I would sugtrest that the material in the river should be used—that is, the coarse sand and stuff in the river now. 173. Mr. Mitchelson.] Do you think there are any kahikatea logs sunk in that river?— Yes, I think both rivers are full of logs. 174. Do you think it is at the places where these logs have sunk that the banks have formed?— Very likely. 175. T have had a good deal of experience with that class of river. There are thousands of loirs in the bottom of the Northern Wairoa River; they have disappeared right in the mud, and have caused banks to 1m- formed? —Yes. I think the Ohinemuri and Waihou are full of logs.

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■1 , , -W»<««-j Boy* would you get the stuff up from the bottom of the river?—l know the Ohinemuri River is a difficult river to get at on account of tte high banks. You cannot Z drays into it as you can in other rivers. It would have to be elevated so that the drays could receive the stuff on the banks and it would have to be carted to where the stop-banks were being built 177 Mr Moresby.] Do you think it will be necessary to have a dredge at the Junction to dredge there I Between the Junction and Paeroa. I reckon that is the phn-e where the , . ingsilt and everything will settle up to a certain limit before it will move on g 1 .8. What class of dredge would you employ?-For that river I think a suction dredge would be the beet. Ido not think a bucket dredge could work. 179 The Chairman.] You have said that this cut would render the Ohinemuri useless as a set hiig-basin for tailings. We are told by the miners-and we have eve,, reason „, belmw thenl! .hat , n the course of a tew months there will be no tailings, but only slimes, discharged into the ivor, and tha the slimes do not settle, and therefore there will be no need for a settling-basin tailings-the tailings, m your opinion, being sands ?-Yes; but there is a lot of stuff comes into the river apart from the mines. 180. Why do you want to make a settling-basin?—lf you make a settling-basin the effect must be to raise the bottom, and therefore it only becomes a question of time when the floods will too your stop-banks and you will have to raise them?—l presume the debris and mining tailings that are allowed to go into the river will come down there and will be removed from there. ' 181. Then you would have a permanent dredge there?— Yes, if necessary. 182. Mr. Mitchelson.] Where would you put the tailings—deposit them on the banks?—l would put them in some ot these ancient river-beds that exist in that locality. There is an exanmle of one on the western bank of the Ohinemuri at the Junction-a big depression; and there are several others in that locality which would hold an enormous amount of tailings or anything else 183. We have been told by several witnesses that the slimes will not settle, but will be carried out to sea; you say you have had a good deal of experience on the river : can you give us any idea as to what distance the slimes would have to travel past the Junction before they met the flowing ton Reach g Thames ?-I could only give a rough idea. I should say, about the Nether--184. Mr. Moresby.] Have you any further proposals to make in regard to the river?—The onlyway 1 can see to deal with the thing is to let the material come down into the Ohinemuri there and then remove it —I mean the coarse sands. 185. Mr Vickerman.] The coarse sands only represent 5 per cent, of the stuff put in?—l think they would take many, many years before they caused any trouble. • \ m \. Mr \ More } slj y-] Is there any chance of the big deposit at Mackaytown coming down the river '—Yes, I think it would be shifted and brought down in every flood. The whole of it will come down in the course of time unless it gets covered with vegetation ; and I do not think that is likely if,. A / < :', tlujl ' c •'»>; "ther proposals in regard to the river you would like to make?—l believe myself, that the upper Waihou should have a stop-bank on it between Awaiti and Maugaiti „ „ 88 - 0n one "de or both?—l know that in a big flood in the Waihou a lot of water goes over the Hauraki I lams. 1 have seen it going right across the Awaiti Road towards Waitoa. I was there when that road was being constructed, and in a big flood in the Waihou an enormous lot of water goes in there. There is high land between that cutting and the Awaiti Settlement down towards the Junction. 189 You think a stop-bank should be put on the western bank from that point to Maugaiti? — res; but that does not affect Paei-oa—only the settlers on the Hauraki Plains and at Netherton 190. How far up from the Junction is that?— Fifteen or sixteen miles, following the river And there is no doubt the Waihou overflows towards Netherton between the Junction and the Awaiti fNative settlement. It goes down through the kahikatea. 191 You know where the Awaiti Native settlement is, and you say the water goes over between there and the Junction to Netherton?—Yes. 192. Mr Mitchelson.] Do you think the water from there goes over to the Awaiti Stream?—l cannot say whether it does or not. 193. Have you ever seen the Waihou in flood and the Ohinemuri not in flood?— Yes. 194. Was it on these particular occasions that you saw the water overflowing there?— Yes It very often happens that the Waihou River is in flood and the other is not. 195 Mr. Moresby.] Do you wish to say anything in connection with the cost of your scheme? 1 think that is the only feasible way, apart from the tailings altogether. I think it is the only way to stop that country being inundated frequently, and if the tailings were not in the river the settlers would find their pastures damaged by the silt from the river. The latter might not be permanently injurious, but it would cause great inconvenience and damage, and cattle would be drowned, and agriculture would be out of the question. 196. You consider that a comprehensive river district should be constituted for these two rivers?—! do not think there is any other way to grapple with the difficult v. 197. And you would go up to the source in both rivers?—To the source of the Ohinemuri and up to le Aroha in the Y\ aihou. 198. Mr. Mitchelson.] The trouble exists in some places above Te Aroha?—l think if you go above there the district would be too unwieldy. I think the only trouble you would suffer from there would be the erosion of the banks. Ido not think any mining debris | s likely to be put into the river. 199. The Chairman.] Do you think that in the Ohinemuri district, where you have not such <i, swift-flowing river as the Hutt, you would require a width of 6 ft. at the top of your banks?— Yes, I think that width is necessary.

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200. Mr. MeVeagh.] Do you know of drains up Te Aroha which are carrying a large amount of debris into the Waihou ?—Yes, any amount of them 201. These drains widen out considerably ?—Yes, I have seen that. 202. 1 suppose that tends to silt up the river ?-Yes, but that sand is very light, and it tiavels. 203 You do not include that district within your proposed River Board'—JNo. 204. We have had some evidence that there are very large drams in the country above le Aroha which have become extremely wide as the result of erosion caused by tte have seen these drains, and there is no doubt they bring an enormous amount of stuff into the ivei. 205. Would you not include that country in your estimate?-It could be included, but it would make the district very big. Pkteu Eiiw.utD Cheal examined. (No. 85.) 1 The Chairman.] You are an authorized surveyor?— Yes, and mining engineer. 2 You have come before us to tender a plan you have prepared?-\es I may say 1 represent no one, but 1 thought from my wide knowledge of the district 1 could help the Commission. 3 And you have a scheme? —Yes. 4. To do what?—lt is to get rid of the silt in connection with the Ohinemuri River as economically as iwfj deßoribe what schelue is ,_T may Bay I went up the Ohinemuri in 1868 so 1 have known that district for a long time. I was District Surveyor there for years. have walked across from the Waihi Beach to the Ohinemuri, and I have been along the hills and through the country on both sides of the river. , . , 6 Is there any possible gully on the Waihi Beach side to which the slimes could be taken bj railway and tipped in?—l do not know of any, but lam sure the expense would be too high. Mr. Vickerman has stated you could estimate the cost at £10,000 a mile and it 18 twelve miles m a straight line from Waikino to the beach, and fifteen or twenty miles to bring the stuff from Kaiangahake If the Government are going to make the railway and carry the stuff free I see no objection to it They have done a great deal more for the farmers than for the mining interests. 7 What is your own proposal?—Mv idea would be to use a steam-launch and an iron rake to start the present tailings. Of course the whole trouble, I take it, is due to this not having been looked to ten or fifteen yeais sooner. This is not a sudden thing. 8 Mr Mitchelson.] By " rake," I suppose you mean an implement something like the one Captain Fairchild used to employ to remove the shoals in the Manukau Harbour ?—Yes; and 1 would propose at the large bend just below Mackaytown they should erect a timber rip dam Mr. Mitchelson will understand what a timber dam is. They are very simply made. This would cause the water to rush suddenly. My idea is to get the tailings started, and every now and then trip the dam to sweep them down the river. At this bend known as Pereniki's Bend I would put a cut through, not from the top, but as a drive, closely timbered, so as to catch the silt. I think it could 6 Cha\Jman.] Do you mean you would carry the whole cross-section of the river through the tunnel?— Yes. I would put a dam there to catch the silt. 10 You would stop all navigation ?—No; I would not put a dam high enough to stop navigation I would then let it run down the river to the bottom of Thorp's Bend m the \\ aihou River. From that point I would take a 20 ft. drain with a flood-gate to it-or else you would let the whole river into the Hauraki Plains-and either bring it down to Bagnall's Mill, where the river is wide, or Dreferablv right down to the Hauraki Gulf. P l "Where would you discharge it into the gulf 1-Just about half-way between the Waihou and Piako Rivers. Of course you would go through kahikatea bush pretty well the whole way. It would travel through a lot of Native blocks, some of which have been acquiredby Europeans. It is all swamp land. My proposal is to bring that drain in half a mile at the back of Netherton. 12 oTI understand your proposal is this: You would construct a new dram from Thorp s Bend down to an outlet on the beach between the mouths of the Thames and Piako Rivers and also continue the upper end to intersect the upper Waihou where it now overflows into the Awaiti Stream By th?s means the flood-waters of both rivers would find a fresh exit to the sea, and the lands on each side of the new cuts would be drained?-That is the position cxac lv 13 You have mentioned some report to the Government: has that been published?-! do no think so. It was in connection with the drainage of the Piako, aud I then suggested that the water of the Waihou could be run back into the river at Bagnall's UMr Flatman.] You said the Government have done more for the farmers than to the mining'industry: I should like some information about that ?-They have carried lime free for 00 fles on the railway, and if they would carry tailings free for tha distance it would be a Lreat beneS to the mining industry. It might be some information to the Commission to know tt!t at the Thames there is not 10 ft. of water at low tide from Tararu Pomt right across the gulf and im dea is ttat gome dliv , when this land is worth £40 per acre, it will be looked upon as worth re laim ng.as they have reclaimed the feu country in England. I think it would DeadvisTe the efo", to put hurdles in diilerent parts of the outlets of these streams to deflect the debris, and also to put. hurdles right across this shallow stretch to catch the debris. Samuel Edger Fraser further examined. (No. 86.) 1 Mr Myers.] Have you considered the scheme that was suggested on Saturday of running the slimes by railway to Waihi and discharging them there ?-Of course I have considered it in this wav-Ts far Z the time would allow me to do so. I can only consider it really from my pa experience of that portion of the country, and I ran it out as nearly as I could. I should say it is approximately right.

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2. Are you basing your costs as far as applicable upon the information you got from Mr. Vickerman—namely, the cost per mile to construct the open line, and the cost per chain to construct the tunnel?—! took Mr. Vickerman's figures, so far as the open line is concerned, at £10,000, and the tunnel 1 ran out myself. 1 can give the details. 3. I propose to put in the details. I think you estimate that the capital expenditure required would be .£l66,B2o?—Yes. 4. Then you say, interest at 6 per cent., £10,009 ; and depreciation at 15 per cent., £25,053? —Yes. 5. You make labour charges per annum, repairs and maintenance, and interest and depreciation—that is, including the items just given—total, £73,443, which on a basis of 600,000 tons per annum would be 2s. 5 - 3 d. per ton, and you put in details showing how your estimate is arrived at? —Yes. [Exhibit No. 70.] 6. The Chairman.] Of course, it is a mere guess at it, and as good a guess as you can make; —Yes. 7. Mr. Myers.] I think your estimate refers only to the removal of the tailings from Waihi and Waikino, and does not include Karangahake?—That is so. 8. Apart from any question of practicability, the cost would very much exceed the cost of any proposed Rotokohu scheme?— Yes; it is prohibitive in the same light. 9. Can you express any opinion as to the practicability of this suggestion to remove the tailings and discharge them upon Waihi Beach? —There are three objections: If you discharge the tailings on the beach at all you first of all come up against the public pleasure resort of the people of Waihi: I understand it is the only outlet they have. Then you come in contact with the Waihi Beach Mining Claim. 10. In what way?— You are practically encroaching on their ground in the disposition of the tailings, and to put the line on the beach higher up you would have to go in for a pretty considerable gradient to get it over the hill. 11. You do not suggest that the adoption of the scheme is impossible mechanically?—No; it is a question of the capital cost. 12. And all these other objections you have just raised?— Yes. The Chairman: We are quite satisfied in regard to the question of a railway to Waihi Beach. 13. Mr. Myers.] Something has been said during the course of this inquiry about fluming your slimes in a wooden flume, and I think you or some other witness spoke of the wear-and-tear upon these wooden pipes. Do you happen to have any portion of a wooden pipe here that you can Commission?— Yes. These are samples of the erosion that has taken place. [Exhibit No. 71.] Of course, that is not dealing with pure slime, but sands and slime, but that is in a comparatively light fall. When the sand starts to get through a crack, that is what happens. That occurred inside a month. 14. How long did it take to wear that hole? —Between three and four weeks. It only wants a start. That is brought up to show what the wear is likely to be on a wooden pipe-line. William Frank Grace further examined. (No. 87.) 1. Mr. Myers.] I think you have considered the railway scheme to Waihi Beach which was suggested on Saturday? —Yes. 2. Would there Be any special difficulties in adopting that scheme so far as your company is concerned, in addition to the difficulties that Mr. Fraser has already referred to in respect of his company ?—lt would mean, I suppose, another mile or a mile and a half of railway, and it would be a very difficult line to construct, because it is practically running ground there. " 3. So we may assume that in place of adding 2s. sd. per ton to the cost it would probably be a larger sum in your case? —Yes, and it would also necessitate the taking-away of the lower part of the mill. We should have to take away the flat agitators and two or three pumps, or, alternatively, remove the filter plant. 4. The Chairman.] We should like some information as to the proportion of sands and slimes you are discharging at the present time?— Will you define to me what you call sands or slimes? 5. The sands now visible in the river at the present time?—At present we are practically making no sands at all. I consider anything that will pass 100-mesh screens is slimes. We are making nothing now coarser than 100-mesh. Arthur Jarman examined. (No. 88.) 1. Mr. Myers.] You are an associate of the School of Mines, London, and a professor of the Auckland University College?— Yes, of mining engineering. 2. And you are Director of the School of Mines at Auckland?— Yes. 3. A report of yours has been put in—it is Exhibit No. 53 : would you mind just explaining to the Commission what is meant by these respective columns of your report, particularly the last two columns?— Yes. 4. The Chairman.] Can you explain the letter that accompanies your report more clearly : what is "possible, not probable"?—As soon as I had got together the material which would pass through an 80-mesh screen I examined that under the microscope. That enabled me to determine the percentage of clean quartz in it. I might explain that there is in these samples some material that I had to deduct as not being quartz—it was just fine pumice and also other silicates, the nature of which was not quite clear. Having made these deductions, I estimated really the percentage which was quartz. That is what you have in the last column but one in this table. 5. Mr. Myers.] Do you mean the possible percentage of tailings of that which passed through the 80-mesh ?—Yes.

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6. The Chairman.] That is to say, you examined it microscopically. You eliminated other material, and that gave you a certain percentage of quartz, and you said this is of such a character that it might be quartz tailings '—That is the position. 7. And that varied?— From 10 to 95 per cent. 8 What does "in this " mean?—" This " refers to the material mentioned in column No. 6. 'I Mr Myers.] What is meant by the "eighth column " ?—Now, supposing you take as an example the first sample there: 30 per cent, of the 048 gives you 0-5, so that the eighth column is the actual percentage of tailings possible in the whole sample 1 started off with. 10 That is to say, you get 0-18 per cent, of the whole as possible tailings; you found 30 per cent of that, which is equal to 0-5, and that is the percentage shown in columns Nos. 6 and 7?— Yes Column No. 8 shows the percentage of column No. 6 multiplied by column No. I. 'll The Chairman.] Are you prepared to express any personal opinion?—l do not know where the samples came from—they were sent to me by Mr. E. F. Adams by direction of Mr. Rhodes—except that I understood from Mr. Rhodes afterwards that they did not come from the Ohinemuri River. I lielieve the great bulk of them came from the bed of the river, and these very high percentages were from the banks. 12 Is it possible that this stuff could come from any other source than tailings?—Of course, the quartz might come from anywhere, but from these samples it would seem that there is not a very great deal of quartz in these river-sands. 13 But will you find quartz and the ordinary siliceous sands having the same physical characteristics when'microscopically compared?-Oh, yes! except where it is released from some crys.alline rock, and then you can detect the crystal-faces, and that is deducted as not being tailings "'""'ll not possible to have the same crystalline faces in the tailings?-You very, very seldom o-et them In the samples I have had I have detected very few. g 15 1 asked one of the earlier witnesses almost that very quest.on-whether after crushing it would not be possible to see crystalline faces; and the answer was Tea J and I went on further to al whether any attempt had been made to examine these crystalline taces : you do not think so?You net very few; you do get some. ~.-,, ~ ..i t 16 Would you be prepared to throw out the whole of them ?-In this 1 have thrown them out. I?! You may have thrown out as being a natural product something which may be W 11 I hive been careful to underestimate rather than to overestimate: that is to say, I think 1 have incEdTtte mSlm amount of quartz as being possible tailings-in one case I think up 95 per cent I hay, been careful not to underestimate the possible tailings in the quartz. 18 o?course in all probability that case is the undoubted sands taken from the bank of the ,-iver? Ss Of co ,se iFthese measurements were objected to in any way I would point out that he i o stuff whkh could by any possibility come from a mill is still very low m column 6. , bout tl „-ce to five 19 These were single tests under the microscope?— No; 1 had from about inree to nve examinattonTiu S arid took the average. I may say I got somebody else to do two ot them, "° d sags fry^SE&sZS^tepeps 2EST W wSei:'variation was great we would make a fresh examination, and we would So be very careful not to underestimate the possible percen tag£ 23. Mr. Myers.] Can you tell the Commission a the effect ot the lime-water upon the slimes during ™tment - 1 ' -f * d ™° ( tit t( , Commissioners. ~..,, ~ , MQ( - ]iv v,. Ranks made it clear that this is all a question The Chairman: I think the article read bj M. . a DRS aue i of unexplained theory as yet, andtherefore is stretching our know- ( H,e to, can you say whether that condition, once dcs „ ed C be c 26. 77,, Do you stuff is slimed a second time circumstances l-You mean he so-caUed colloidal *te»-J J t it t() settle by shaking tte mixture up, the id. m , a;>, a . f - n I^inmn .. - -a second time; so the condition is obvlously c tteiu oOBC eive-that strips **■*•*"»■-— ' >,OTp ' ,a ' 6 that forms when you have added the lime-water.

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29. To such an extent that it becomes slime, which will settle and adhere, and be difficult to move?-I have not tried to see whether it does adhere particularly. I am only speaking of my experiments with cyanide-solutions of very finely crushed ore. 30. You know it has lieen suggested that these Ohinemuri and Waihou Bivers should be cleared of willows and other obstructions?— Yes. 31. I want you to assume first of all that the rivers have been so cleared, and I want you also to assume that for the future no material excepting a very negligible percentage will be discharged into the river from the batteries excepting slimes that will pass through 100-mesh : what in your opinion, would become of these slimes if discharged into the Ohinemuri ?—ln mv opinion they would be carried very much farther down the river than the old sands were. They would move very much more quickly. 32. Can you say what velocity of current would be required to move them ?—When you are constructing ditches from sandy material, the velocity which is necessary to cause the sand on the bed of the ditch to move is given as 13 ft. per second. That is the mean 'velocity. The safe bottom velocity is given as 1 ft. per second in this pocket-book. Above that you may expect to lind some movement taking place. 33 The Chairman.] There are sands and sands: what is your definition of " sand "?—The sand that is meant by that is not defined in this pocket-book, "i take it it would mean ordinary river-sand; but, whatever it is, it must be particles very much larger than anything that is beimthrown into the river now in the form of slimes. 34. Mr. Myers.] What velocity of current would be required to move slimes?—l cannot tell you that except that I presume it would be materially less than a foot per second. 35. You said before that you would expect these slimes to go very much farther down • can you amplify that?— Well, with the normal flow of the river I should expect the bulk to go right out to 36. Mr. Mitchelson.] That is, presumably, that the outgoing tide will take it right out to the estuary in one flow?—I think so. 37. But we are told that the outgoing tide only goes as far as Netherton, and that it is then met by the incoming tide?—The material already treated by the mines must have gone somewhere, and one of the witnesses will be giving evidence this afternoon to the effect that if the material that has been treated in the Waihi Mine had stayed in the river it would have blocked it up for a distance of twenty-five miles. Well, of course the river has not been filled up, and it is obvious that the great bulk of this stuff has gone down into the estuary of the river and into the Thames Harbour. 38. Mr. Moresby.] A lot has gone on the settlers' land?— You have not got 15,000,000 tons ~f stuff on the settlers' land. 39. Mr. Myers.] We understand these slimes go down in suspension ?- Yes, partly in suspension and partly, I think, moving slowly on the bottom of the river. 40. The Chairman.] Supposing you started to clear the river, the stuff would go down and a large quantity would be carried away. A portion of that moving on the clear bottom of the river would become adherent to the clean bottom of the river, and it would then have a tendency to form a skin where the velocity was so low that it did not tear the new material from that to which it was adhering. Is there not a tendency for all material of a similar character to congregate together? —Provided you allow the velocity to fall, of course. 41. Therefore, in all backwaters and in all portions of the banks where the velocity has fallen, in your opinion there is likely to Ik- a deposit /—There is bound to la- some deposition." 42. And that deposition is bound to increase and become thicker? —It will increase, I should say, until a reduction of the cross-section of the river would give you the necessary velocity to cause a balance of the two conditions. 43. Then what would happen? We have been told it would ball off: in your opinion, would this slime ball off? —No, it would just scour like any otter sard. lam referring to that which is underneath water-level. I am not supposing you had a bank on the side of the river which got undercut: then large lumps would fall in, no doubt. But under the water it would not ball off; it is not like clay. 44. Do you not think that, once the material became adherent in that manner to a considerable thickness under a low velocity, it would afterwards remain adherent even under a much higher velocity?—l do not think so. Ido not think it acts like putty, because of the very large percentage of pure quartz in it. It is almost all pure quartz: there is nothing to bind it together. Anything that would bind it together would have to come from some other place than the mines. 45. But it is quartz in this peculiar condition—do you call it colloidal—which makes it deposit together?— But that colloidal stuff would not lie at the bottom of the river. That would be in suspension in the water. I took it you were speaking of that quartz which would settle either on the banks or bottom of the river. That is not in the same state as the true slime, which we cannot settle at any of the mines. It is very fine sand, but quite pulverulent. If you have it dry it runs like so much water; it does not remain caked. 46. Once we have a clean river, and there comes a flood, the water will contain a large quantity of slime in suspension : what, in your opinion, will the effect be on vegetation of this pulverulent matter in suspension in time of flood?— You will not have very much more slime in suspension in a flood than at any ordinary time. 47. Assuming there is slime deposited on the banks in such a position that in a flood it overflows the surrounding land, and the water going down at once deposits the slimes upon the vegetation :is that going to have a beneficial or deleterious effect?—l should say it depends on how much is deposited entirely. If you succeed in covering up a sufficient portion of the plant, of course you will kill it; but a light deposit on a plant would not kill it.

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SLL. -«i - „ ctae" the pore, ol *. .kin ol ,1k- pljnt it would be »,«.«,«.. a fc. w&?r&£K «« Et: .'ii« *- «-<•- * ••» river practically in its present state?--Yes. would ect „in ,ncl, depp.it. a. J.« ~gM«J»* *£ * »£ "';, p ,'«„ v when the dood-w.to. n... „, ,h„ •>7'7B- in l «~„'' ci :,°: la- w"su »° itigut. a. nniincc , very great deal. C ""' s fSe ci>L»*]'A,™ yon any p.-aCc.l «ohe,„, ,o -JA »"" o»fdh.™t°Zo^ eoi " e rr"lir ,;,„,-, 1 Wh.l v..n <«y i» thi., tbl*. no mntter what yon do, you will not prevent „ J in ,■,.,,::,«"."[„;,- m.te,i., tn>. being depo.i.ed upon ,h. neighbour,,* ~nd, ,„ ..me. TJvere f100d.,-Yon «,e bound to ge. a «'■«' *« n».eri.l Uut r J oT»t.io?.t^yj.r«^s.r l iop t .».».o ,„o u, m ... ~„„„.., ..,,« «pe0. H 5..."j2 nXSrall at which goe. through ,00.„,e,„, would be any J.J'l!r»U . i- « W.ihonl-That »„ depend., 1 think, on the current wh.ch you can „ „ *ye, in 'I: c „/,» - Ul. each ££. jjn* --J^J-J be got over is one of the greatest difficulties. r m,. IU-uert ■ You are sneaking of the present conditions. ?Ie SSSJSI cannot speak of any other conditions. These are the conditions which i Z*A* ( "airman i can 1 ■ , interests againgt removing the large banks of appears to me mustremain, a ™ , vegted f ntmßt we have larg6 deposits on sands at the deposit and assuming that the whole of the sand-deposits are the banks and we have slime deposits, 8 . d.. have Rcen durin g the ETA'S river is cleaned something must happen do not *»* ««y p raotioal witness who has called haR recommended deP °?? c Chairman: That is not disputed, but the question is the meaning of the word « deposit." is k^ s is f ~ d and proper,y con - StitU Sr^,> W ,,, But the Biver Board cannot go along with a brush and brush the slimes off the No, but the servants of the Board would certainly be on the lookout for anything like a dangerous deposit. fc ff) deal with * t) but yet sufficienft X flood ami swept over the land, and to seriously T&£% assumption is that the, " * " would carry it down the river. I n * ™£ fo J tho stVlff than the flooded 77if Chairman: Why should the nvei nave a greaw land on each side?

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Mr. Myers: Because you do not get a flood in a few minutes, and if you have got your stopbanks The Chairman: If stop-banks are to lie erected, there will lie no flooding of the banks, and we need not spend our time over this question. 59. Mr. Myers (to witness).] Have you made any experiments personally with regard to the action of salt and fresh water respectively upon slimes?— No. 60. You are aware of the result of the experiments made by Mr. Grace?— Yes. 61. In order that there may be no misunderstanding, will you just say what is your understanding of the result of these experiments?— First of all, when salt water is added to the slimy material, and when in a parallel experiment you have just fresh water added, the settlement is not quite equal. If I remember rightly, Mr. Grace said that the settlement was fastest in the salt water, but not so close. 62. What do you deduce from that?—l do not think you can deduce a very great deal, excepting that the salt water coming up the river is not going to affect your slimes very much. Of course, in connection with that one must remember that the slimes have been settled in the first instance with the aid of lime, and the addition of the salt sea water to the stuff after it has been reslimed would not help it to settle any more quickly—as it would have done in the first instance. 63. The Chairman.] Then, we may assume that so long as it keeps in the Firth of Thames, the water having a velocity of something between 1 ft. and lift, per second, it will never settle.' —No, it will keep in suspension. Of course, that is the very fine slime—not the fine sand that has been referred to so often. 64. Let us come down to the actual stuff' which has gone through a 100-mesh, and which has been treated with lime, and washed, and discharged into the Ohinemuri, and there mixed with a very much larger bulk of water. It runs a great many miles down the river and passes from fresh water into brackish water, and finally into the Firth of Thames and into salt water. What becomes of it then?—lt will go to sea, just as the stuff has gone from the Firth of Thames at Home. 65. What becomes of it?— Eventually it goes to the bottom : but it is very difficult to say—it is getting dispersed. 66. It becomes more and more diluted in the water until it becomes negligible?— Yes. 67. It is only a question of degree between that and the river-bed. According to your own assumption it may gradually settle in the river?— But the river is moving. At some distance from the surface of the sea you have quietness. The effect on the surface does not extend to a very great depth, ami therefore when it has managed to get dispersed down below it can gradually settle. 68. Mr. Myers.] Then, to, sum it up, do you say that the bulk of this stuff goes out to sea, or what ? —The excessively fine stuff which one has had so much difficulty in settling must go out to sea. The bulk of the other will also go out. When I say "the bulk of the material will go out to sea " I include in that statement the whole of the material that is being put into the river. T say the bulk of that will infallibly go out to sea. 60. I suppose you would not be frightened of it doing damage, once it got out to sea? —No. 70. I want to ask you a question about Dr. Maclaurin's report which has been put in, and which you have seen? —Yes. 71. I want to ask you whether the results shown by Dr. Maclaurin are a true guide to the percentage of mining quartz present in the samples he examined? —T should say not. 72. Why? —Apparently he has determined chemically the percentage of silica in the samples. A good deal of that silica would be combined as silicates, and therefore not free quartz from the battery. T might mention that the percentage of silica actually present in granite and pumice is generally taken as being something like 75 per cent. 73. We have heard a good deal of evidence from persons who have come forward and said they saw a white deposit on their land which was mining tailings: would you be satisfied, if in that Ohinemuri district you saw a white deposit on the land, that it was mining tailings?—The strong assumption is that some of it would be, but I should want to examine it by microscope to be certain. 74. Why would you need that microscopical examination? What else could this stuff be?—lt might be pumice. 75. Anything else?— There are a lot of white minerals it might be. It might be kaolin, for instance, brought down by the natural watershed. 76. The Chairman.] What is the internal evidence in Dr. Maclaurin's report that makes you think he estimated the silica chemically?—lt is in one of these tables. 77. The first table shows the result of sifting through the meshes, the next the construction of sand, and the third the percentage of silica, which you think is the result of chemical analysis?— Yes. There is another open column with no figures, and headed " Undetermined." That means clearly that he has chemically determined the silica, and not the other things like iron and alumina. No examination is any good, I think, except that done by microscope. 78. That is only approximate?— Yes. 79. And very approximate? —Ten per cent, either way. The Chairman: Does not Dr. Maclaurin merely use this by way of analogy? He takes undoubted mining tailings, and he ascertains there is a certain proportion of silica in them. Ts it not a reasonable assumption for him to deduct 61 per cent, silica as representing river-sands and to take the rest as representing slimes? No doubt, it would have been better if the two methods, microscopical and chemical, had gone on side by side, but it is rather sweeping to condemn the chemical analysis because he is merely using it as an analogy. Mr. Myers: Professor .Tarman only said it is not a true guide. 80. The Chairman.] T am merely trying to arrive at what your view is in throwing this on one side as being comparatively valueless?—Of course, it is a comparison undoubtedly—it gives you a means of comparing the two things.

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81. Mr. Cotter.] I should like to know whether, in speaking about the carrying-capacity of these slimes down to the sea, and about the clearing of the river, you are leaving out altogether the actual facts of a river such as the Ohinemuri, which is carrying an amount of alumina down with it, and the possibility of the conjunction of these slimes with that material in the formation of these deposits. The alumina at present is clay brought down in the rain?—No; that would rather tend to keep the channel clear by assisting the How of the sand. The only proof I could show you bearing on that is an account of some experiments on the flow of sand in launders. 82. The Chairman.] We are not working in launders, but in the natural river, which is sluggish in ordinary times and becomes torrential in times of flood, carrying large quantities of alumina. Has that alumina any chemical or mechanical effect in depositing these slimes? We know that in drainage schemes alumina in the shape of alum is largely used for this purpose?— It would have no effect, unless you had very extensive alum-beds Up somewhere on one of these rivers. 1 was going to read this one sentence from the account of these experiments: it shows that the presence of a small proportion of clay slimes produces a very marked i eduction in the fluid friotional resistance occurring in the launder. Of course, that alumina is in solution—it is fine clay slime in suspension, and quite different from the alumina Mr. Cotter meant. 83. Mr. Cotter.] Whatever the effect in a launder with a practically Hat surface might Ik-, would the effect be the same in the river? I am not talking about the actual bed-centre of the river, but of the shelving banks, say, 25 ft. from the centre of the bed. Is it not possible that tinpresence of vegetable matter and earthy peaty matter mixing with the slimes has a tendency to cause them to entrain together and deposit on the banks.' If you have actual fibre I should say ii would. 84. Would it not be very advisable, in your opinion, to have some mechanical means, such as a dredge, to counteract any liability of this stuff depositing? -I think the Ix-st you could do in that direction is to clean the bed of the river, and then confine it, if possible, by a few stop-banks. It is a difficult thing to clean it up. 85. Do you know the condition of the rivers at all?— Not particularly. I have been up lo Paeroa by steamer. 86. The reason I am asking these questions is that my clients desire particularly to keep open the navigability of that river from Kopu to Te Puke. Therefore would it not lie advisable, in your Opinion, to have some mechanical means, such as a dredge, so as to relieve any probability of the navigability of that river being prejudically affected? —It might be; but, on the other hand, when once you remove the snags you might find no need for a dredge. 87. But, on the other hand, you might find a deposit that would affect the navigation ?—That, of course, you could only say by trying it. 88. Then it is better to have a dredge there to lie quite certain?—l can only give you my opinion. 89. Mr. Mueller. I You state that this white deposit which has been mentioned as on the vegetation you would presume to be tailings?—l should presume a good proportion of it to lie tailings. !H)'. If you were informed that that deposit has occurred to a much greater extent in recent years, when' the line crushing at the mines has become more pronounced, would not that increase the presumption in your mind?— Not necessarily. You find, for instance, in rivers like the Murrumbidgee, in New South Wales, that the river is silting Up, and that the silt is going higher and higher up the river, and that the floods are increasing in frequency. That is due purely to the deforestation of the lands higher up allowing the rains to wash down a very much greater amount of silt. That difficulty is being felt in other rivers. The removal of trees from a portion of the watershed invariably causes you to have more frequent floods than in the past. 91. I am talking about the Ohinemuri River, and the fact that this deposit of a whitey-blue character on the vegetation has become more pronounced in the last few years. You have said that if there is pipeclay present it might be pipeclay, and we have found, I think, that there is no pumice in the watershed of the Ohinemuri River, and apparently no pipeclay. I ask you, therefore, if you know that that peculiar whitey-blue deposit has increased considerably during the last few years —in fact, it was hardly noticeable a few years ago-- would that not increase the presumption that it consists of slimes? —Yes, certainly. 92. Is there not a possibility of some other chemical or physical change, or both, taking place in these slimes in their passage down the river, so that-by the time they reach the salt water it may act again in a settling manner? —No. 93. You do not think there is the possibility of some change?—No ; the reason being, of course, that you have already settled the slimes to the best of your ability, and destroyed what might be termed the colloidal condition. Herbert William Hopkins examined. (No. 89.) 1. Mr. Myers.] You are a metallurgist, and an associate of the Royal School of Mines, London 1 —Yes. 2. You are employed by the Waihi Company? —Yes, at Waikino. 3. And you have been so employed for how many years?— Approximately twelve years. 4. We have been told that tube mills first came into operation in 11105-6? —Yes; we have got nine mills running now. 1 do not think we shall put any more in. There is SO per cent, of our products which passes the 200-mesh. 5. The Chairman.] How much pel cent, will not go through ihe 100-mesh?—You might say 2 per cent. . 6. Mr. Myers.] And even of that, nothing will remain on the 60- or 80-mesh?—Practically nothing; two or three tons a day, or something of that sort. 7. The Chairman,] Would not that be an appreciable percentage?—l think not, sir,

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8. Mr. Myers.] How many tons a day are you putting out?—A thousand tons a day. 9. What percentage will pass through the 150-mesh—l am speaking of Waikino? —I do not think we have got those figures. 10. What has been the output from 1905?—1905, 181,236 tons; 1906, 189,327 tons; 1907, 211,062 tons; 1908, 249,293 tons; 1901), 273,1)17 tons. This year we have averaged 960 tons a day. Our standard is 1,000 tons a day. 11. That is for about 300 working-days?— Yes, for 30.", days. 12. 1 understand that your percentage of slimes has been gradually increasing until now you have obtained the results you have stated?— Yes. 13. You have considered, have you not, the suggestions of either pumping or fluming your slimes to Rotokohu, or of railing them to the same place?— Yes. 14. Do you agree with the conclusions at which the other witnesses have arrived who have been called on behalf of the mining companies?— Yes; 1 collaborated with two of them about these schemes. 15. Did you before doing so prepare any estimates yourself?— Yes, I estimated the cost of the stuff being taken to the Rotokohu Swamp by rail. 16. Did you also prepare estimates of the cost of fluming or piping—independently, I mean? —Yes. The position was this : Just at the time the Commission started we considered the various schemes, and we decided that trucking was the most reliable; but since the Commission has been sitting the question of pumping along pipes was considered, and we tried to make tip our minds on that point. 17. Was it only the cost of one scheme—trucking—that you estimated first of all independently?— Yes. 18. Did your independent estimate agree substantially with the estimates prepared by the other gentlemen? —Yes, 3s. per ton for trucking. I would like to say in connection with that that if the treatment is to be left in the same position as we are at present, any plant to handle 1,000 ions a day must have a capacity of 1,200 tons. We get a good deal of advantage from Sunday. Our vats get an extra day's treatment. 19. That is in order to work to the same advantage as at present ?—lf we do not do that we stand a chance of losing 6d. per ton in extraction. 20. The question has arisen as to whether the slimes that you now put into the river will travel down to the sea. You have given that subject, I think, a great deal of careful consideration?— Yes. 21. Will you give the Commission the result of your consideration? —Yes. With reference to any scheme for stacking tailings a plant to deal with 1,000 tons per day must have a capacity, as I have said, of at least 1,200 tons per day, in order to enable us to take full advantage of the extra time of treatment allowed us by Sunday. At present, in order to get this advantage, in the early part of the week we treat the stuff as fast as possible, and ease off during the latter part of the week. Tailings as now put out by batteries will travel down to sea. The following figures show that a large proportion of the output in the past must have passed out of the river, or the block would have been much greater. Assume total solids during the last fifteen years to be 5,000,000 tons, including river-sand, 5,000,000 tons at 27 cub. ft. equals 135,000,000 cub. ft. Assume section 120 ft. by Bft., or, say, 1,000 sq. ft., the 5,000,000 tons are sufficient to fill up the river for 135,000 running-feet, or 25£ miles. As a matter of fact, about seven miles only above the Junction are partially silted up, and patches only along the banks below the Junction. No evidence has been brought forward that any Hoods have occurred through the blocking of the lower Waihou below Te Puke Bend. I suggest that at least three-fifths of the total output has gone, and that this portion that has gone approximates to the nature of the produce we are now putting in the river. A second very significant fact is that the deposits of mining-silt above the Junction which the tailings company propose to treat contain from 2 to 5 per cent, only of sand passing a 200-mesh • Practically all the sand passing the 200-mesh has passed on. These figures are taken from a large number of samples, taken by the extraction company by boring with a special implement, both from the bottom and also from the sides of the river. Any slimes which the Commission has observed in this part of the river can therefore be only of very limited extent. If these fine sands and slimes are not able to settle in Pereniki's Bend, where the conditions are all in favour of settlement, and the slimes have a special chance of being entangled and held by coarser sand, 1 suggest that it is very unlikely that they will settle in the greater How of the lower Waihou. A fourth factor helping to keep these slimes in suspension and carry them out to sea is that the coagulating effect of lime dies out under dilution with large quantities of water and mechanical rubbing, and cannot be restored. This is confirmed by Mr. Grace's evidence. From the above considerations I am of the opinion that the lower Waihou, with the help of the ordinary freshes, and perhaps judicious dredging near the mouth of the river, will keep itself clear. I would like also to say this with regard to the effect of fine-silt suspension: During the sitting of the Commission at Paeroa I understood the Chairman to say that he was afraid that the fineness to which we are grinding would increase the damage due to fine silt being deposited on the land. Assume the river to be clear of accumulated tailings, I have made a calculation to show the maximum amount of current mining-silt that could be in suspension during a heavy flood. I understand Mr. Adams t,, state that during the flood of March, 1910, 12,000 cub. ft. per second was passing down the Ohinemuri River. Now, 12,000 cub. ft. equals 1,350,000 short tons per hour. Taking the output from the Ohinemuri mines as 2,000 short tons per twenty-four hours, or, roughly, 100 tons per hour, ratio water to solids equals 13,500 to 1. Assume 1 acre covered with flood-water to a depth of 1 ft. : total water on 1 acre equals 1,361 short tons, or 2001b. solids, or, say, one barrow-load. It may be objected to this that the flood-water might flow over the land a foot deep for some time, depositing silt ; but, on the other hand, the bulk of the solids would be moving down the main channel. During our visit to the Rotokohu Swamp we noticed a very large area of land over which the

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flood-water had been, but there were only two small patches of silt. This is confirmed by Mr. McArthur's evidence. As a general rule, except along drains and other channels, the flood-water would not flow continuously over the land at any distance from the river, but would remain almost stationary till the flood started to abate. As regards accumulated sands, we have evidence that these are entirely caught, and would not do the particular damage of which you are afraid. Besides which, if" the accumulated sand at Pereniki's Bend were removed by the operations ot the evtiaction company, and the conditions at the bend were put right, the fall from Waihi to Paeroa is 80 "Teat that any fresh accumulated sand would not amount to anything serious, and would be .novel on in the early stage of the Hood. During the March, 11)10, Hood a good deal of ver* line slime such as that referred to was deposited on the papers and walls m our offices. lhis slime was not a white deposit, but a dirty light-brown colour, more resembling clay. On drying it had a most offensive smell of decaying vegetation. We have never noticed any such smell about our 22 Mr Vickerman.] V,,u say there will be very little accumulations between Pereniki's Bend and the Junction in the future, ami those that do come will be removed by the early stages of the freshes I Yes :we rely on the volume of the Waihou River coming m. 23. The deposits will be between Paeroa and the Junction, if there are any .' — Yes. 24 What did you mean when you said there would be no sand in the future?— There will be very little- The'position is this: Not only have we reduced the percentage of sand from ~i to 25 per cent., but the sand that remains is very much finer than what it was formerly 25 Mr Banna.] You say that, according lo experiments which have been made, at the ver* outside there cannot be more than 5 per cent. „f residuum from your null? No; I said your material that has actually been caught contains only from 2 to ~ per cent, that passes the 200-mesh. 26 Supposing the operations of the extraction company to relieve the bend to some extent and the meanders, what is there to prevent this 2to 5 per cent, being carried away.' Supposing this stuff at the bend is all treated to the degree of fineness to which we treat our stuff, is there an* thing to prevent the whole of the stuff going right out?—My opinion on that point is not worth very much 1 say that Pereniki's Bend is a point that repines special attention. 1 think the operations of a dredge there would be most efficient, and I think you ought to have a small royalty 10, every ton you lift out. . , , , ~ -, , 27.'.17r. Mueller.] Do not the deposits extend for considerably more than seven miles above the Junction? —I think not. 28 Have not the extraction company got nine miles of claims?— Yes. 29 Instead of there being seven miles then there are nine miles.' 'Ihere are nine miles ol claim, but 1 do not think the deposits extend along the whole length of the claim. William Percivai. Gauvain examined. (No. 90.) 1 1//- Myers.] You have heard the evidence given by Messrs. Frasei and Grace: you went ~ver the calculations with Mr. Fraser. Do you corroborate the evidence given by Messrs. Fraser and Grace?— Yes. _ -,-.,- „ v 2 You are the Waihi Company's engineer at the Waihi Mine I—Yes. 3. And you are a mechanical and civil engineer?— Yes. Speaking generally, I confirm the evidence given by Messrs. Fraser, Grace, Banks, and Hopkins. Mr Hanna: In opening the case for the extraction company, 1 may say lhat at the outset 1 want to submit to the Commission the titles of my client company. This is a matter which certainly during these proceedings has been more honoured in the breach than m the observance. I make this remark advisedly. The titles to the land are most essential matters in connection with operations of the nature of "this and other companies, inasmuch as all properties situated within a mining district after a certain year are held to be subject entirely to the operations of the Mining \ct The section of the Mining Act bearing upon that point is section 132. That section provides, ■'Notwithstanding anything hereinbefore contained, the following special provisions shall apply in the ease of land heretofore or hereafter alienated from the Crown, whether by way of absolute -ale or for any lesser estate or interest : (a.) In the case of land so alienated on or at any time after the twenty-first day of October, one thousand eight hundred and seventy-five, no person shall 'be deemed to have anv'right or title to the flow of any watercourse constituted and set apart as aforesaid by Proclamation under this Act or any former Mining Act which would interfere with ,„■ prejudice the right of the holder of any mining privilege to discharge into such watercourse any tailings mining dibris, or waste water produced or used in or upon such mining privilege. Therefore any person whose title was subsequent in date to the 21st October, 1875, cannot under any circumstances have any shadow of claim for compensation or otherwise m consequence of mining operations. Subsection (6) says, "In the case ofland so alienated on or at any time after ihe twenty-third day of December, one thousand eight hundred and eighty-seven, such alienation Shall be deemed to be and to have been made subject to the full and free right of any person lawfully engaged in mining operations under this Act or any former Mining Act to discharge into •mv' watercourse existing on or running through or past such land, whilst and whenever such land is situate in a district, any tailings, mining debris, or waste water produced by or resulting from such mining operations."' Up to the present, throughout the whole of this inquiry I have never heard a question asked of any one of the persons who came before the Commission, or of counsel who has appeared for the mining companies or otherwise, to produce or show what title they have for appearing or calling evidence before the Commission. 1 want to put mmy titles, comprising nine river claims granted by the Warden. They are not all of the same date. The dates are: Ohinemuri River No. 8, special river claim, 6th September, 1906 : Ohinemuri River No. 9, special

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claim 23rd January, 1908. There are seven—Nos. 1-7—dated 18th March IQifl I, „ ■ OUt that these latter titles were only granted by Ihe Warden at, giv, 'da of opposrtion by several local bodies. Those titles to claims were granted b* the Warden ■ „ w , w"! i .?- J Other licenses bearing approximately the same dale as ~ „ „ „J" . ye' itim lT T ' for the subst tution for the original title is contained in ,1,1- aL il f'X L trSaS he material treated by my chenl , pany should not lie returned into the river Nos 8 and 9 c^n il1 " a»« condition. 1 might say, further, thai these claims, ,„- the bulk of .hen, were icouvl by my company by purchase in the ordinary way from the original licensees aTd , ~ these nine licenses lor about nine miles of river-bed reach from a little above the JunSn up to Mackaytown Ihere are also four more licenses. We were operating upon these Te we absolutely without any conditions. Unfortunately during the las, fresh'a good portion of the material was washed down, ami „ was lodged, we hoped, in the meanders somewhe v about Per* iis Bend hat makes, thirteen licenses altogether. ~, dealing with .his matter desire to point out tin, lor a great number of years many people have taken up these claims and attempted to treat hose failings, bu, until the present c pan, has taken the matter up, and actu 1 - lemon strated hat ,1„- tailings can b,- treated profitably -and 33,000 tons has beenso treated profitalflyno one has ever succeeded in getting .!„- wealth on, „f these tailings. I a w SLring to the lour upper claims. We have treated nothing in theTower claims reremng to the date!d chum"""• '"* "" "" " St " 1 ' ""' "'" " L '"" di(i "»- " twenty-one days after the Mr. Banna.■ Yes, but we have received protection. We have at least six months' protection Besides, we are erecting our new plant, and we arc acting in accordance with the Ac, in w , , are doing. We started operations at Waihi with a very considerable expenditure. It took us oughly speaking, aboul eighteen months to demonstrate our method of treatment, and during tte whole o| thai lime the treatment was of a nature aecessarilj experimental The Chairman: What clause of the Mining Act is it that extends the twenty-one days to a longer period? • • '' Mr. Banna : We have already commenced operations. feasible' n '" in """ : Y " U Btarted h ? Sa - vi "- that vml would *''"«' us that your titles were indeMr. Banna: No one else who has appeared before the Commission has shown his titles The thai.-,,.an asked certain questions that seemed to imply some doubt. He asked if it was not competent tor the River Hoard to sell tailings .„ n,y c pany. That was a reflection, I think, on the titles which my company chums to hold. In addition to that the Chairman also made a remark m regard to the sand on the river-banks. 1 am not here to argue the legal position of mv company but I thought it necessary to submit to the Commission the titles which we hold i'assert that they arc indefeasible titles, and if any question ever arises I have not the slightest doubt that I shall be able to support them. I shall sun them no! ,„.lv with mv own opinions, but also with the opinions of others probably much stronger than my own. 1 now put in the title to Hararahi -No. 3 Block, 10 acres 1 rood 17 perches. (At this stage Mr. H. H. Adams, who had sent a communication to the Commission in reference lo his scheme lor treating the tailings, entered the room, in response to a request of the Chairman.) ' In reply to the Chairman, Mr. Adams said he was prepared to give a description of his scheme, but he would like to put it in writing, and il would take him aboul a week to do that He added that he was confident his scheme would get over the difficulty. 1. The Chairman.] Can you give us any idea of the cost of removing the tailings from the stream I— Roughly, between £20,000 and £30,000. 2. Mr. Mitchelson.] That is for the plant .'—Yes, that is for the plant. 3. The Chairman.] Do you mean the existing tailings? I mean the coming tailings from now and onward. 4. And the working expenditure.'—One penny per ton. 5. Ami does that mean the whole of the tailings, or does it mean an approximate amount?— I estimate the quantity coming into the river now to be about 3,000 lons per twenty-four hours 6. They say about 2,000 tons?— There is the residue from the tips, and there is refuse from the townships—it all totals up. That is, 3,000 tons per day. The water from (he scheme will go away ,1 is coloured, but there will be nothing in the water that will settle in the river, and when the j,resent banks are cleaned out the river will confine everything. There will be a certain percentage of solids in the water, but a very small percentage—less'than there is at present. 7. Materially less?—l should say from 2 to :| per cent, of solids in the water, but it would be a material not affecting the river-banks. It would go right out to sea. 8. There cannot be from 2 to :| per cent, of solids in the water at the present time? I think so, if you work it out. lam taking all the wafer at Paeroa. lam not speaking of the water at the mouth of the river. lam referring to the water at Paeroa when the tide affects the river. 9. From 2to 3 per cent, solids is a very large amount?—We do not consider it so. Then you have to take the season of the year into consideration. In the summer it is much thicker than in the winter. 10. Does that mean, it is from 1 in 30 to 1 in 50? If so, that is a large amount?— That is what I should estimate, taking the year right round. The water is very thick in the summertime. 11. There would not be much saving if you left from 2 to :', per cent.?— That 2 to 3 per cent, would not settle. 12. You are going to stop the 98 per cent. ?—Yes, capture the 1)8 per cent. : that is what I mean, taking the year all round. lam going to catch 98 per cent, all the year round.

|\V. P. GAUVAIN.

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13 The volume in the stream is not near that now/—1 take the year all round. (At the request of the Chairman, Mr. H. H. Adams agreed to confer with Mr. \\ .11 Grace, and give to him some explanation of his scheme; the result to be subsequently reported to the addreBg - Baid . 1 produce the Land Transfer title of the laud on which we are erecting our plant. We started operations to erect our plant some tune ago We are dismantling our plant at Waihi, and are removing the whole ot it to this place. To, the last three years Mr. Kingswell and his officers have been making experiments and taking soundings on the'river from the Junction right up. 1 will call evidence to show the various soundings that were liken I surmose forty or fifty soundings were taken m one part of the river, halt a mile oeToVSnikP^Bright down to the Junction. The whole of the bed of the river and the banks of the river have been sampled most carefully, and those samples have been meshed and assayed most carefully also. The result is that an estimate has been made and evidence wiU> .riven both by Mr. Kingswell and Mr. Aitken that there are approximately 2,000 000 tons of tailings in this -particular part of the river that 1 an, referring .„- -tha, IS, in the banks and in the bed These tailings are in our nine miles of claims, aud the approximate value of the tailings 11 be shown to be about 10s. per ton-that is, 10s. per ton extracted. lhat is the minimum c Ith Before paying cost of extraction the return will be. about 10s. per ton gross value. Under Se circumstances Tit means that there is lying in the bed of the river tailings thai we» propose to -'. , id that there is about 1,000,000 pounds' worth of wealth m them -thai IS, on the bed and , liVd Ou Present scheme embraces the fact that we shall be treating about 500 tons per day and it. view of the evidence that has already been given there wil be no more accretions, oi practically none; and it means that our operations will gradually clear the river right up. TheChairman: How many years is that going to take you? Mr Hanna : About fourteen years. As to the depth „f water in the river, evidence has already been adduced to show that from about half a mile below I'eren.k. S 1 end there IS a good substan a d,pth of water. %<£~«fi 'SS^^^'S^^^ at full tide. The position that I take up on behalf of mv company is this: My company's position is somewhat unique ,n tins icspect. that it , not been in any shape or form a party to the deposit of those tailings in the river, and is ;er ioii nus „f necessity lie- beneficial rather than detrimental-beneficial, because it is assiSt,,o ,ye obstructions in the river; and, secondly, it is conserving and utilizing avery^rge mo ,n ,f mineral wealth which might otherwise go to waste; and thirdly, by virtue o its operains will be'a large contributor to the local governing bodies by payment oi gold duty; and, mil lv ere is the employment of a considerable number of men in its operations. On he deSStalside 1 do not think that I can even make a suggest,,,,, of anything at all by which the ~ - v of iiv client company will increase the injury, if any, to what already exists. Evidence b hi ito show -in fact, you have got Mr. Grace's evidence on that point-that this large lv of tailings will be "round liner than even the mining company is grinding them. Evidence ttS the residuum coming from our mill will be carried out to sea; and - inasmuch as our operations will lie carried on below those large deposits, it is clear that our residuum down the river, and there will be nothing to stop or impede it. Some sug-,-es h- ye made with regard to shortening the length of the river by putting in cuts. The onfv cut o c ,ur - Inch can pLibly affect the operations of my company is the cut at Peremki s ,nh cut ,t couisc winui j j Metcalfe, whom we have not had the plea- ' mc. l ;,! may be tte value of Mr Metcalfe's opinion, sure of seeing yet dm c prop osed cut is—according to the advice which has submit that Ins est,lc . >lt CO 1 th ,„. ough been given to me- so ,ci l* 11 . d ha t , from consideration it deserved. I ea * rf , g {( . om Mr. E P. Adams dated 1910 i submit-would EtSSsSSsSaS? w^js-j^? tkaaa mender, nan MJi . »»d .re . IS %„ f _~, tt»,fco, «, U. » ™* i,,,,,,. „ uU ) be create, 111 ,h« meander, which valuable t.ltaga, ....'I .t1...'" h» °, ""',,'- i,,. G „ cc ,„„ ,1,0 very clear and eiplicit that, ,„,„,,, be ..-.....,.,. ,le .....cnta, ,o .„, Vi i ,e,vc ,„-', i.-l. ~, drj " 1 think were the word. to speak on this point, have naa g , relying upon the present condition of KSSS ZESTS?*, t —5 •»'«"-« plant.

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££ because our operations cannol under any circumstances have the elf., reterre tlu t.ef" ' far as regards remedial measures, I submit that we are carrying outSmeasu-S an tl, n utVf u ;he ! ;.;,;H;- ,i< 'f t-", [1 is within *■» ! iof £ S-SS^ l^^* M are nol going to deposit : Mr. Adams's scheme depends up,,,, their deposit „ l \' m- - the being so much apart- we do nol care ,0 take the responsibility of saving wXould delaj tte Commission for a week ,„ order that the scheme should be prepared because h would ""■'»' fat when brought before you the cross-examina, ion would simple de , v if Wl , ,1 bo vi, ?™jri7 DUmber; "* ther€f ° re w haVe taken th ' responsibility „ ng w* win not worry Air. .Adams any more ' • "" ROBBRT MARK AiTKHM examined. (Xo. 91.) I [Mr Hanna.] You are at present in charge of the operations of the Waihi-Paeroa Gold evtraction Company (Limited)?— Yes. ''" 2. What are your qualifications J I am a mining engineer and metallurgist -!. What Positions have you held te-1 was for eight years and a half Instructor at the School of Mines on he \\,,, ( „as. ,„ the South Island. I was educated a, ,he Thames School of Mine .he Wes C' XI X< R , K h iTi '"v l - Ul '' ".' TfM W a S' S *> various companies on ll„ West toast—Keep-it-Dark, Alpine, Scotia, and other companies with S AI, H T '""" n :l "' S ' U V al . 6 " t P epfa s* »*• treatment of ores?-D„ring those eight years, a„' i, | KS W Jr' ri'T-H?' a '"' trea u n( s '• Ule Cyanide pr " ""' --'••"udatioiis o G. Have you had any special experience in sampling?-Yes; in buying these tailings, of course, we had to carefully sample and assay them before purchasing, and' in all cases the actual results we obtained corresponded with our tests. 7. You have taken a good many samples from the Ohinemuri J—Yes. 8. How did the treatment of your tailings then result in regard to your samples?— Before commencing our operations in Waihi we very carefully sampled and tested the tailings in the Ohinemuri at the Waihi plant: and the actual working results we have obtained since have corresponded with these tests. The Chairman: Is ihe object of this to show that the bulk is very similar throughout or the accuracy of the work. Mr. Hanna: The accuracy of the work. _ I). Mr. Hanna (to witness).] You have also had considerable experience in dredging ?—Yes with bucket dredges. a ° '' 10. I think you have had a very considerable experience on the West Coast in all branches of metallurgical work—sampling and treating tailings generally?— Yes. 11. Can you tell the Commission some of your experiences in dredging?—l have been connected with the Pactolus, Callaghan's Creek, Buller, ami various other dredging companies on the West Coast. I acted as director of a good many of them. 12. Since your experience on the West Coast you have come to Auckland: how long have you been in Auckland ?—About two years and a half ago I came, under engagement from the WaihiPaeroa Gold-extraction Company, to take charge of the Waihi plant. 18. Were you concerned in the erection of the plant?— Yes, I erected the whole of the plant at Waihi wdiich we are now dismantling. 14. Can you tell the Commission approximately what was expended in connection with that plant?— About £16,000. 15. How long did it take to erect, approximately ?—About nine months. 16. How long was the plant running?— About eighteen months we were actually working, but most of that time, I may say, we were experimenting to a certain extent with the'fineness of the grinding and the treatment of the tailings, really to find out the economic limit to which we could

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• l ~„i nt the same time obtain data for our larger plant which we intend erecting at Paeroa. loSrat oting to work, the plant wa5 1 ,,,,! running to its full capacity the whole time 'l 7 The Chairman ] Any of the time?—Oh, yes ! a portion of the time it was. * Is' Mr Han,':,:] llow many tons of tailings did you treatf-32,800 tons of tailings, and obtained-a little over 14,000 pounds' worth of bullion. 19. What was the approximate value per ton ?—lt works out at annul s. in. ■« extraction. , , o a\ t 90 The GhairmanA Were the tons short or long tons '—fcnort. - 11. Mr. Halm.] Was ,ha, tte average extraction ?-.Yes, throughou 99 Did you (ret any higher extraction than that —Yes, as high as lis. fid and Lis. extraction ,- l J ,tten of the sm Is- but these high results were considerably reduced on the average that is, up to a certain limit per ton. , , ~;v „ l . _that is the nine-odd miles 2:,. Can you compare the tailings in the lower part of thHW that IS, tnen ™ fn a T extraction will be, in your opinion?-From the numerous tes.s we «■ -ally the reason for them holding *■ fl'Mr. Hannah The point has been raised as to fIS charge of tte immediately they « it is better to allow on tte river and settle, and then treat them. Is mere any . por tioi.s may t ;:„„ to flow into the river.-The effect, of coir, se, is te a 1 -£ - £ lodge during a dry winter, but as —'•-",,, ! ,;",.'- ' dam, and that dam during dry ;;;: -«- — *—■ - ay went. , _ ~ , . ... ■ t i.„ riflm at all' —They never hardened. They just ~0. Mr. -NMUbm.] They did net «*» ''■" ; .• ■ „. „ „„. „ „„,. "ver. . .., . imes on the banks of that Waititi Stream!— 32. Have you had any experience of th. simesett ng dftm No. The whole of our discharge wen the Xle lot into the dam. There was only a small trickle of wa te the i - Waikino ,_Yes. 33. rAe Pto'rw- And out of that dam tl a i meg and talhngB 34 And, from what, you tell us, if it does not sett eat all, the wi > } tail . race . m ,ist have gone to Waikino.f-Yes, tv went down£, rougl 35. We are told the slimes pracically nev etl fl floo( , ing that which went over the "pillwayt-Ace it aina mi h wpTlt ~,, -~- £. -Ii- -ii. ..... d»P»i. m the river?— There is no deposit here so far as I have c "- particularly the finely ground '.37. All the previous witnesses have.toMU£ *a water, bui in nothing with will I S^y 6 l?. d SS the? will go-half a foot per second is quite no still water ?-I have tested Peremk, s Bend nd there and 30 Mr Hanna.] Can you give us a,\ expianati examined it. about?-No'; I have noticed the whitewash on the grass but have instead?-Well, the deposit^ a ™-y T not thitlk it does vegetation any good. 42. And vegetation is killed, — res.

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43 Mr. Hanna.] When the river is cleared and there is a proper flow of water in the whole body „l the river, would there lie, .., your opinion, any deposit of slimes at aUJ-No. From what have seen of the river 1 should say that if the channel of the river was thoroughly well cleared tte X.;; v to :i!';: v;„t whol€ '"' * c sli -* away **>» - - • «■*«»«; 44. That would apply below, b,„ how would it apply above, where your sands are?—l mean, above and below I should say the waters would take a considerable time to rise, and during the rising (hey would take up any slimes if the river was thoroughly cleared 45. Mr Mitihelso,,.] What do you mean by "thoroughly cleared "-tecat.se we know it is in,i cleared,—l quite agree that it is not cleared. 46. You suggest the slimes will not stick up there?—The slimes do not remain in that part of i he river, as I can show by actual tests. In fact, they do not even remain in the lower portion of the Ohinemuri where then is very little flow; because 1 have tested the river, and I fail to find slimes to any great extent In fact, on the bed of the Ohinemuri—that is, the lower mile and a half from our station-site to the .1 unction—there is deep water, and neither coarse sands nor slimes and yet the How in that river is only 6 in. per second. 47. The Chairman.] You think there is a deposit of slimes on the sides?— Yes, there is a denosil on the sides. i>»nu 48. Then, as the river rises and Hoods will not the deposit of slimes lie washed off?—The reason why they cannot wash off at the present tin,,- is because the willows retard the stream and prevent the swing of the current to carry off the slimes. Hut if the river is cleared I say the slimes will no! remain, but will go. | l!>- That is your opinion : you have no facts 1,, prove that? 1 have. In those parts of the rlver I wll -' n ' there ;lIV n ° will,,ws little or no slimes have accumulated. Where the bank is fairly straight you will find a very, very small deposil of slime. But anywhere where the willows -row or the stream is retarded you will find a deposit. B 50. Mr. Mitchelson.] That is the case at the Railway Wharf .'—Yes, the willows. 51 . Mr. Hanna.] You did a lot of boring on that river?— Yes. ."i2. In all the bores have you ever come across a layer of slimes?— Yes, thin layers of slime Ihev would run about an inch or a couple of inches in places. 53. Where would you get that I In the bends mostly—not in the bed of the river but on the banks. 5-1. Hut you have never discovered any in the bed of the river?— No. I have bored the whole of the bed and the whole of the banks. 55. Mr. Mitchelson.] There is very little ordinary tailings in (he bed of the river?—lt varies Iron, about 4ft. to over 12 ft. in depth in the Ohinemuri. 56. Below the Junction?—] am not speaking of the Waihou. 57. Mr. Ill,una. |We will take the section of the river from Mackavtown to your plant-site below Perenikis Hend: will you describe the sands and the samples you have taken and the bores you put down?—l may say that right from Mackavtown down to our presoni plant-site we have bored the river on two or three different occasions, and also sampled by boring the banks T have taken an average of the whole of .1,.. tests made over three different sections of the river Starting Iron, the abattoirs just below Mackaytown to a point below Tarariki Creek, the average grade show's 66 per cent, remaining on a 60-mesh screen, 29 per cent, remaining on a 100-mesh screen and 5 per cent, that will pass 100-mesh. The amount that would pass 120- or 200-mesh was not worth estimating. These were taken on the bed of the river. 58. The Chairman.] What do you define as the "bed of the river " ?—From bank to bank at water s edge. 59. At low water or when?— Some of these samples were taken when there was a small flood in the river. We did not take particular notice of the tide when sampling. 60. Mr. Hanna.] How long did you take over this sampling?— For these particular samples we spenl three weeks on tte river with two men. Not only did we bore it over the whole depth but we look samples every 2 ft. in depth, so as to ascertain whether the lower deposits were richer or poorer than the upper. 61. To what depth did you go?—On this particular section from the abattoirs to Tarariki Creek we went through from 3 ft. to 8 ft. of coarse sands-in the bed of the river. 62. The Chan-man.] V,,u said you had taken the average of three different sections- how far apart on each section did you take borings?—l have divided the river into three different sectionsfirst of all, from tin- abattoirs to Tarariki Creek: then from Tarariki Creek to Porritt's housethen from Porritt's house to the railway-bridge and right down to the present plant-site I have taken a separate average sample of the whole of the samples taken from the banks of the river I hey go a good deal finer than those from the bed, so I kept these separately. I have given you the grade of the sands in the first section. On the second section, from Tarariki Creek to Porritt's house, the depth of coarse sand is 6 ft. to 8 ft. in the bed. The average grade shows 59 per cent remaining on a 60-mesh, 32 per cent, on a 100-mesh, and 9 per cent, will pass a 100-mesh From Porritt's house down practically to half a chain below Pereniki's Bend the average grade shows 56 per cent, remaining on a 60-mesh, 35 per cent, on a 100-mesh. and 9 per cent passes a 100-mesh. We sampled 12 ft. in depth, but could not obtain bottom to the tailings. 63. Do you mean that in the whole of that area you could not get bottom ?— You could not get bottom over the whole of that area. The rod would only sample to a depth of 12 ft., and would not go beyond it. 64. And in each case you took a sample every 2 ft. down to 12 ft. ? —Yes. 65. So there were five samples on each bore?— Yes. We varied it: sometimes it was every 2ft and sometimes every 3 ft. We were not particular. It was more to find out if the bottom sand was better or poorer than the top.

30—C. 14.

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66 Mr Hanna.] Did you sample the banks also?— Yes. The average grade of thebanks showed 8 per cent, remaining on a 60-mesh, 44 per cent, on a 100-mesh, 18 per cent, on a 120-mesh, 9 per cent, on a 150-mesh, and 21 per cent, passed 150-mesh. 67 Is that all along the banks or in any particular section of the three sections,{—. these samples were taken on the banks from one end of the river to the other. We could only bore to a depth of 12 ft., although the banks were very much deeper. _ 68 Can you give us any idea or estimate of the slimes that were m these samples that you took?-Yes; but before doing that I would just like to mention that in all of these samples there was from 2 per cent, to 10 per cent, of coarse river-silt which was eliminated before grading. (il). Do you include the bank as well as the bottom?— There was little or no river-Silt m the an & T T h l^ ( ; hairman i Did vml iv no case i n your borings get to the original bed of the river?— Yes: in the upper reaches of the river we got right down to the hard. Ihe original bottom seems to be hard mud. You cannot bore through it. ~,. ~ ,- w u„a 71 What was the boring done with?- We bored with a long length ol bicycle tubing. We had an „-,„; rod with the end just large enough to fill the b0t,,,,,, of tte tube, and we would lore the tube down hrough, say, 2 ft. „f sand t„ take the first 2 ft. Then we plugged up the end, raised . out Wlttdrew the plug, and discharged the sample into a bucket Then we put the iron rod , ,:„ hrough the tubing and forced the rod down 2 ft., and then withdrew the iron rod and forced , ' down another 2 ft., so that the second 2 ft. „f material came up into the tube. We coninued tins method right down every 2 ft. to a depth of 12ft. It is a very accurate method of amp n' and we proved it on the Waihi plant to be absolutely correct, because we afterwards 3d the sands we had sampled, and they panned out according to the assays we had made on he previous bores. I would also like to say that where these coarse sands tailed off-tl at 18 half a mße below Pereniki's Bend-al tte time we took these present samples I went a few chains fuidhei- down the river, and took a sample right from the bottom. The sample showed 45 per nt. of coarse river-sand, and the remainder of the fine material was at least had river-sand I think 1 - I ws there is a very fair deposit of river-sand on the bottom of tl* Ohinemuri Biver ' lMt 2 Mr. Mueller.] What depth did you take .ha, samplel-Througb the "ver-sand abou 3ft 73 Mr Hanna.] So I take it that the tailings cease about your site The* did al that particular time That sample was taken on the 27th May. 1909; but since .hen the coarse sand Ul at leas! another half-mile further down the river. I expect a portion of that araa what came down from our Waihi plant. . „ 7 Have you made an estimate of the quantity of tailings in the river on these claims of yours?-Yes 'it is a very difficult -natter to make an accurate estimate, but as near as we can indoe we reckon there are two million tons of tailings at the plant-site. 1 g ?5 And ttVaverage value of these two million tons is ?-I should say the average value s 12s. fid. per ton. We had assays as high as 14s. on that river, but the average value 18 about 12S ' 76.' And in giving that average value you are going on assay values?-Yes, on a very large nUm H Cantor;nTctimission some information about the position of the bend and banks of the river from your works-site down to the Junction? Have you taken any soundings or borings, and when did you take them?-Ycs. I took these depths on the 21st May. 1910 78 What was the state of the tide?-As near as I could judge, it was about halt-t.de, it maj hilV^:;'^-;:u i ha;e , pr:pa,^TplZ i X,wi,,g these soundings and the results?-Yes :it is jus* a ■ ~„.„,nt„f the soundings on the Ohinemuri and lower Waihou Rivers. [Exhibit 1 The -~idmt:s w!;: ail S consecutively, and the tracing will show the depths as you err, down the river These depths were taken with a pole, iron-shod g Z 11, Hairman 1 You said you took these abou. half-tide flowing : you could not have taken aU ttlse on a Sf J -tide one tide,-No. 1 think it took us about an hour to take thCS T TvS We had a sligh, current with us all the time. IL Ire .1,1. all mid-stream J-No, we rigzagged across the stream : we did not take them in aßy BTmSiJrS. length of your pole-because I see two places marked ■' No bottom " ?-We , " d £ out, and also the depth of 7lZc!:::!ruZ.\ There is nothing here to show where the position is?-Only the position 'it dts':;::; 1 low whether i( was in the centre of the river or on the sidef-I do not show 1 :: s yo n,. ** „„e, because v,,.,^ youn^o?^ a fair depth of water, from --,;.;;;: nliininediatelyymi. or very little deposit of s 111ne in he O hi. « . g when it will not settle in the Ohinemuri.

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89. You claim that is a big pool, and therefore if the slimes were going to settle they would settle there? —Certainly, I should say go. 90. Mr. Hanna.] 1 think you have actually bored there also? —Yes, I have bored the Waihou. 91. Have you done this boring by yourself, or have you always had assistance?—l have always had somebody with me. 92. Have you bored the Ohinemuri down there as well?— Not below the plant-site. 93. The I hairman.] 1 understand there are no borings on any part of this plan?— No. 94. Although your claim goes close down to the Junction?— That tracing was only drawn to show the position at which these soundings were taken. I had forgotten when I answered Mr. Hanna that 1 did take one sample in the Ohinemuri, right at the mouth of the Ohinemuri before it enters the junction. I will give you the grading of that : 4*5 per cent, remained on a 40-niesh— it was vegetable matter with just a tracing of sand, 2 per cent, remained on a 60-mesh, 29 per cent, remained on a 100-mesh, 35 per cent, remained on a 150-mesh, and 23 per cent, remained on a 200-mesh : the balance passed. 95. Can you fix on the tracing where this sample was taken? —I should say, just between 25 and 26. Most of that sample was river-sand; I should say, judging it, that the half was river-sand. 96. How do you judge it—by the microscope or your own sight? —By observation. I have a good deal to do with the mining tailings, and also a good deal to do with the Waihou silt. 97. You describe 25 as rough bottom and 26 as rough gravel ; therefore, according to that, where you describe this as rough bottom or rough sand, in your opinion, half of it is tailings?— No; that sample of sand was taken from the Ohinemuri Biver. You see, the two rivers meet, and the Ohinemuri goes down-stream, and lhat sample was taken right in the Ohinemuri. In taking the depths, we took them more in the middle of the stream, and not alongside the bank. 1 may say that this sample was taken a good while before the soundings. I have other samples taken at the same time as I took this sample, but lam sorry to say I have not the results with me. These samples were taken for the purpose of trying to find out. what the tailings are like there; and the reason for taking them was that Mr. Kingswell had written me asking whether it was worth while to take up further claims down there, so 1 was trying to find samples down there, and in taking the samples I happened to get that one. We were trying to see if we could find any more tailings down the river to justify us in taking up more claims. But we found it was not necessary to take up more claims, because the tailings have not got to the end of the boundary of our present claim. They are not there now. 98. .1//. Mitchelson.] There are a good few tailings at Thorp's?— Here are samples taken from the cut on the top of Thorp's orchard, to show that the sand is very fine there. Only 1 per cent, remains on 100-mesh, 22 per cent, remains on 150-mesh, 23 per cent, remains on 200-mesh, and 54 per cent, passes the 200-mesh. That is pretty fine sand on the average. 99. Tin Chan-man.] Would you not call that slime?—lt is practically slime. There is 54 per cent, of it slime. 100. What do you call "practically"? —Because there is a certain amount of coarse sand amongst it. 101. Mr. Hanna.] Mr. Grace said that everything that passes 100-mesh is slime: do you agree with that?—l have been grinding very fine, and I have always called " slime " anything that will pass a 200-mesh screen. I should say that sand that will only pass 150-mesh is very fine sand. We know that fine sand that will pass 100-mesh and remain on 150-mesh will pay working-expenses to regrind it, so we call it fine sand. We certainly are not trying to treat slimes, but we are treating fine sands. 102. I understand from what you say that you are keeping a pretty constant watch on the deposits in the river so far as your company's claims are concerned? —Yes, I have been taking special note of them. 103. Where were these samples taken from?— These samples were taken from the Waihou immediately after you go from the waters of the Ohinemuri into the Waihou, just at the Junction, and they show distinctly that the deposit there is river-silt, and not mining tailings at all. 104. Mr. Mitchelson.] In the middle of the river? —You can take a sample from bank to bank, and you can find but very little mining tailings. 105. Under water? —Yes, anywhere, any water. In grading, these grades distinctly show that the percentage of mining tailings is very, very small. 1.1. i. That is similar to what we saw in the County Council office? —Yes; I suppose very much the same. 107. The Chairman.] How can you tell by grading.' Do you imply by that that nature cannot produce anything as fine as you can?—No: I mean that these sands that are blocking the river at the Junction are so coarse that it is impossible for them to be mining tailings. The batteries never crush to that grade. 108. Mr. Hanna.] Do you know where Mr. Moresby's boathouse is? —Yes. Kill. Have you ever taken any borings on the river from there to your plant-site with Mr. Moresby and Mr. Kingswell?—Yes, I believe about eighteen months ago we did take a few samples up the river. I have not got the results, but I know they were useless from our point of view. They were no good as tailings. 110. Did you do any boring last Friday?—Y'es, we bored the Waihou from Te Puke. We spent four hours on it from Te Puke to the Junction. 111. First of all, you took soundings from the Junction down to Te Puke, and you have put these in ?—Yes. 112. And the class of material you have found in the bed—you say it is practically all riversand? —Yes. There was a very small percentage of mining tailings amongst it, but not worth considering.

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113 Will you explain where you did this boring in the Waihou last Friday, and what you found -We started at Te Puke to find the depth of the rive.-s.lt in that portion of the river from hem ~i to the Junction. We found about 7 ft. of water in most places and from 5 ft. up to 10ft of this river silt. That is as deep as we could bore with the rod. I believe there is a good deal more iU er Did you find bottom at all?-0.lly in two places did we get right through the river-sands ~„ „ ,;. u.uoni. It ,s rather hard to bore through in places, and there were only two places where we appeared to get to the bottom, and we brought up a greenish sand, winch appeared to be he ongimd b01t,,,,, 5 the river. We did not get through that sand ; so, ot course, we cannot tell what that sample?-No ; 1 gave these samples to Mr. Kingswell, and I have not ..... them here to-night. He "ill produce tl.u.i. to-morrow. ° II," Thin , under., ~ .ocording to your Iny-tig.tion. on Ihe W.ihou, you ~.,„.., .... <l„„o ertJt oi .HmeTit Ii j..-, "1.c., the willow, h.ye grow - .1..- «r. -'" ""P"*". "« - -■ -ssr?rbSaSE. teffrjsarc. ■ ■-..*-. ** —- the IL,i, , ,me,i..i-,..in-.- tha riyer ~. One ol the* |..,.,..»,« ~,,..... oute in tte riyer '' ~" ^;;^, ; :;u ; *::™::::.r.'r":;v:'.:;:^1 ; ,.«,,-,, i- »■»- ■»- ■ •>< "- 1 «*»-» -"■ ,;-..:-^.;;.:;; n "i' ~,,.„„„ ' lii 'T,' l r :;; l, '', , -,! , ;;, i ';!,,,,,i «-,.,,., „,-.. **, „.a» a*- »< »» ••--« *•« <k-.«-o«*^* .X P .wVtt^= e Xn™rw"Sr ;,.„,„„, - tte riyer, and we should have no water for floating P"P"<*- blocking up the mouth-because tte ,2b. Can you explain how it oojjld do .uch a thing? By bl eking U? mouth of the meander would then till up Witt AU water womd be paBßing straight through tec, he ~,.ttt la .1 , going through the cut. f«Xst place th™ Hmy tailings must block up the mouth of the meander, the slimes must settle. In the farst place tne si . B , 1( , , )](ic) . the ot her end. """.m'wSm tt* outrun, not come into the bad.-w.te, i.. tte „ »*cl-l think there would of 6 in. per second in the Ohinemuri Rivei:now. Qf at kast 6in . per seco S K.1 W .-" away. Tl we should have to much so that the whole of it went away in tte them , t j 5i ,.,, spillover in the ease of freshes -No, hard nten hd to conve. i . connection with the dam was that we si i ,c,, ~ race , ami that when the river through these slimes and carried a -*^^^ w „ carried away. ~ , . n*i*A^-™teeen»ib*^My^J^™ oi ,„ ril your slimes?-I 133. Will you not have a body in the deadiwatw . f Q0 Wilterghed to ~„ no , ,i,ink we should have a current at all, even in rain; that portion of the river. fWier's drain is a big one—and Kuaoiti Creek !,,. A large number of drams run into 0 ? ( . c ,„ silU .ral,lo amount of watershed ,„ ? «* - - — will deposit, and block the lower end.

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135. Then the slime does deposit in water.' -In absolutely still water. I'IG. Will that be absolutely still water?— Very nearly, 1 take it, if the cut is put through. 137. May I take this down as what you mean : that you think if the cut is made the meander will become absolutely still water, and that the slimes will deposit to such an extent as to stop navigation and current .'— Yes, the slimes will deposit sufficient to stop navigation, but the slimes will not stop the current, if there is a current. I am assuming there is no current there. If a body of water was travelling around that meander sufficient to carry those 500 tons away, they would never form a bank even on that grade of the river at the present time : but if you take away that body of water and take it down through the cut, then there will not be sufficient body of water and velocity in the river to carry 500 tons of slimes away. 138. Mr. Hanna.] We will assume thai you have dealt with the whole bed of that meander from end to end : what would the effect of this cut be on your operations at the beginning of the cut? Could you work from there or your present site, and work the upper reaches of the river? — Yes, 1 think we could work the upper reaches of the river if the meander does not block there; but 1 think the meander will block. 139. Which end are you speaking of 1 The upper end. 140. In that case how would you get your dredges and pontoons up-stream?—We could not get them up-stream. I think it would cut off access to our rights. 141. We will take it that large quantities of these tailings are going to be carried away bodily by the putting-in of this cut : once these tailings get carried down below the bottom of the cut and mix with the sands of the Waihou, what would be the result? —I think they would form a bank, and if the* mixed with the sands of the Waihou, being if anything a little lighter in grade, and the Waihou sands coarse, they would fill up the voids at present in the Waihou sands, and form hard, and block. 142. Mr. Vickerman.] Why cannot they get to the bottom of the Waihou, which is running over 2 ft. per second? —1 think these coarse sands in the upper part of the Ohinemuri will never shift in a flow of 2 ft. per second or 3 ft. per second, because they have not shifted in the very largest Hoods, which have run considerably more than 3 ft. or 4 ft. per second. 143. Any fine sand will move in 2 ft. per second?— Fine river-sand will; but with the tailings they seem to lie so close that the water does not get at them, and it does not move them. 1 have seen banks of tailings form on our Waihi claims, and I have seen ihe river running at a tremendous speed, and these banks remained there the whole time. The river passed over them without shifting them, because they lie down solid in a bank, ami so long as the bank is smooth and clean the floodwaters pass over them and do not shift them. We proved that in Waihi. Until we started to dredge the sand in the river, pot-holing it, as it wire, these sands never shifted with any floods; but as soon as we started operations and the floods came the sands went. 144. The Chairman,] Is that not an argument which could be used in favour of the cut : when the cut is made these sands will not part—they have become so hard that the current if materially increased will not shift them, and therefore you will no. lose your half-million tons?—l think the sands in the Ohinemuri will go through the cut. 145. Although your previous experience at Waihi shows they will not go?—My reason for thinking they w ill go is that the bank at Pereniki's Bend is built up 12 ft. If the cut is put down to river-level that bank of 12 ft. of tailings must level itself out, and once these sands start to move I think the Hoods will carry them away. Not only that, but as soon as we start dredging and potholing the river there we shall disturb the bottom, and ihe whole lot will go. That is what we are afraid of. 146. I presume you will work up?— Yes, as near as we can. Once you get a cut in the bank, it does not take long to shift them. 147. Mr. Hanna'.] Suppose that in consequence of the cut the tailings come through and form a bank at the bottom of the cut, ami 'hat there is then an admixture between the tailings and the Waihou sands, what would ihe effect be ~,, your treatment? —Well, of course, if the tailings from the Ohinemuri went down and mixed with the river-sands from the upper Waihou, they would be absolutely valueless to us, because it would never pay us to separate then, again. 148. I believe you are erecting your mill upon the western side?— Yes. 141). Will you tell us the result of your sinking to put your foundations in?—We bored holes down, and ihere is about 18 ill. to 2 ft. of subsoil, and then there is about 6 ft. of fairly soft clay material, ami underneath that is a soft bog, not good enough to hold the foundations for the machinery. 150. You are manager of this Waihi-Paeroa Hold-extraction Company, and if, as such, you arc called upon to advise the company supposing ibis cut is put in, what would your advice be? I should certainly advise them not to go on with the ), resent plant if the cut is put in, but simply to shift down that plant from Waihi and go on on a smaller scale. 151. The Chairman.] What proportion do the two plants bear to one another?—The Waihi plant deals with 100 tons a day, and the proposed plan! at Paeroa will deal with 500 tons. 152. Do I understand this proposed plant has not been ordered or erected? —Yes, it is under way. 153. So it is an addition of a 400-ton plant to the existing 100-ton plant?— Yes. It will take about twenty to twenty-five more men than on the smaller plant. We employ fifteen men on the small plant. 154. Mr. I/anna.] In the formation of the banks in consequence of the cut, would the tide have any effect? Have you taken that into consideration in expressing your views?— Yes; I have noticed on tte river from.he Junction up to Pereniki's Bend, when the tide is flowing, that the water if anything is flowing up-stream in the Ohinemuri River; so that at a certain time of the tide that water is"practically still, while the flow is upwards. When the cut was put in, the tide would cer-

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tainly flow up it. 1 do not see, once you have a deposit of tailings in the lower part of that meander, how the tide could possibly come up against it, because it will bank up. It only flows for about two hours there. I think it is ebbing the balance of the time. 155. What is the rise and fall at your works !—About 3 ft. 156 And your works are how far from the Junction ?—About a mile and a halt. 157 You think no portion of that 3 ft. rise and fall would continue to operate at your works; I do not know whether I have made it quite clear that this bank of slime will form m this lower '" L ' iU lsB ' I cannot see how a bank of slime will form if there is a rise and fall of 3 ft. That involves a certain velocity-it may not be as much as 3 ft., because it will then have two directions in which to go; but, assuming it is reduced to 2 ft. 6 in., what is to prevent tha. 2 ft. 6 in. still rising and falling?—lf the tide is going to rise over that bank of slime then it is going to drive the slime back towards our works. , ... ... 15-1 I cannot see how the bank of slime is to form in the first instance, because you w 1 still „et a3 ft rise and fall?—lf the slime has no chance to go away I fancy it must form. It the OUt f 8 put m' and the cut is tidal, how can it possibly prevent the Hooding of Paeroa, because it a llood occurs at high tide the waters must go over Paeroa as they do now 160 Anyway, you would advise your coin],any to erect that smaller plant?— Certainl y. 10l' And you estimate that a very considerable quantity of ladings would go away?— Yes. 162. What' estimate do you put upon that loss?— They are all worth 10s. per ton extraction, or about (is. 6,1. per ton profit to the company.

Aucki.ano, Tuesday, 7th June, 1910. The Chairman: 1 have received a letter [Exhibit No. 74], which 1 will read so as to get it on the records:- County Ngaruawahiaj 6th j une , 1910. Dbab Sill,— Re Enforcement of Payment of Rates by Maoris. ' By last Friday night's Star I noticed that evidence was given before your Commission by the Engineer of the Ohinemuri County to the effect that tha. county was losing large sums yearly trough being unable to collect rates from Natives, ami that Mr. Colter is reported as saving that 2ZS. X might he some doubt as to Natives being liable for general rates, yet there was no ,10,,ht they were liable for certain special rates. At thisstage I must say I think that Mr. Ctter must have lieen incorrectly reported, as at preseial Seal bodies have full power to rale Native lands for both genera and special rates. It is |, - Question of enforoing the payment of same which is the stumbling-block. ''' ,t!ce the Commission expressed itself as probably having something to say tte question of Native rating later on, and as this county was referred to, 1 should like to shortly ,a. ,„,. eznerienoe before you, as it may assist the question. ' ] he ~' "of the Native hand Hating Act. 1904 (now incorpor.ted in the Rating Ac, 1908) full power were given to local bodies to rate nearly all Native lands m full for both general, ■; 1 ~,-.,1 ,-ne. ami in case the Native owners did not pay, then the Act provided that fftte i 1 -111. !d bad obtained a judgment for the amount due it could send a me, such iud.-ment 'to the Native Minister, who then may do three things to assist: J Fir authorize the Maori hand Board to deal with the land second, pay the amount due out „f Government funds, and charge against the land: third, authorize the l n,,,iedi.iterV:'t:''i:: , !ni' H l!::v , :i l is county placed Natives on its rate-book and attempted councils i , .(•-■-. ..-is carried unanimously and duly sent t,, the Prime Minister. Zln howe^','mthm hajten douV to remedy -te,;. ~ is bad enough for our European ho i.n. nowcvti, I b Natives escape paying, but we are well «n ratepayers to have to lose om< t\ ; . ■ European settlers, who the las. ;r:::; s^^^^^iits^ «* e „d « im. Ed.« «* rr *y two years oav< pan, „| i • „, , . _j* OT * n «, the position a little. It is not at all ■■■" &$■ CiSS.ffS -«-.« •«•«*• - - •» "SS*.!. lor ~-™>.li'.- ■•« --ill' - '•"" ' M " r - *"? ", n '""r "r "'"• ~lliCtl ™"' „„,,, vi".! toPL. ~. „..- n.„„i.,i,, .., Urp. ,-,,.,., I Upaa-of n, ~ b. ,«• I Oil! S, OfC.j H. Marplano, County Clerk. W. Ferguson, Esq., Chairman, Ohinemuri Silting Commission, Aucklana.

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Robert M. Aitken further examined. (No. 92.) 1. Mr. Hanna.] I think you put down bores where the present site of the extraction company's works is?-Yes Zesterday I said there were from IS in. to 2 ft. of soil and about 6 ft. of clay, and underneath that a soft bog. Those bores we,-,- p,„ down by Mr. Hanks, engineer. I simply saw the material lvmg „„ the ground. The whole of that 6 ft. was not stiff clay-only the upper portion; the lower portion gradually merged into the bog. It was certainly clay, but it could not be called stitl clay by any means. It was a sort of gravelly clay 2. How much of it would be of the stiffer nature?—l should say about Ift. would be of stilus, clay, and then there was about 2 ft. merging into the bog. We found it would be necessary to put down the foundations very Hat, or else keep away from the boggy soil underneath o. /he Chairman.] Using what is generally known as a Healing foundation ?—Yes The water rises right up into this hoe j,, f ac t, two or three feet up into the clay 4. What is the water-level?—ln flood-time about 3 ft. below what it is at the highest part of the site where we are putting the machinery. ' 5. Mr Hanna.] Yesterday you gave an estimate of the amount of tailings on the claims belonging to the extraction company : „n what basis did you proceed in making your estimate?Ihere is a fair quantity of tailings outside my measurement which was not estimated. I consider that I gave a low estimate of the total quantity of tailings in the river. 6. You consider you have underestimated and not overestimated the quantity ?—Yes I made Hi,' estimate lor the purpose of seeing how much tailings we had to treat 7. Jhe Chairman.] Did you include the stuff on the banks besides that in the river and if so, how much?-I estimated the amount in the bed of the river separately from the amount'„n the banks. 8. Can you give us the amount you estimated in the bed of the river ?—1,727,000 short tons 9. that was actually in th,- bed of the river to the water-line—high, or low, or mean?—We did not take very much notice of the tide. I should say it was just about the mean. That estimate is taken tor about five miles of the river where the largest portion of the tailings is to lie found ~ , 1 8U PP° se VO . U "" I,lv ' IV ,lmt that ,here is vel 7 litt]t ' '" the lower portions of the river there/—here is a lair quantity, bu, I did not think it fair to bring it into the estimate _ 11. Can you give us an estimate? —No, it would be difficult to do so. It would lie difficult to give an accurate estimate of the quantify extending over such a long distance. I think there must be above high-water level in the five miles about 500,000 tons on the banks—that is, accretions to Tilt' Diinß.B. 12 Mr. Hanna.] I suppose you take the islands in with the bed?—The islands are outside the rive miles: they are above it. I have not taken them into consideration. 13. You made those estimates as a matter of duty for the purpose of your directors?— Yes 14. You made those estimates long before this Commission was though! of I— Yes, ehdit or nine months ago. ° lf >- M ?~- Flatman.] Do you think the tailings have increased since that date along the riverhanks/—lhev have not increased very much during the last eight or nine months, and the tailings seem to have drifted farther down. IC. Mr. Vickerman.] How much do you think has drifted farther down ?—lt is very hard to say. J 17. In the bed?—l should say it has filled about half a mile in about two years, as far as I could judge. 18. The Chairman.] That is in the bed?— Yes: apparently that material has come from above- from the higher reaches. It has com,- down with the very large floods. 19. Mr. Myers.] River-sand ?— No ; coarse tailings. I should say there would be about 2to 10 per cent, of river-sand. 20. Mr. Hanna.] Yesterday you gave an estimate of the quantity of tailings at Pereniki's Hend: I think you said there was about a million and a half tons?—l was only giving a rather low estimate. It was just a rough estimate which I gave. There is probably a great' deal more than that above Pereniki's Bend. 21. Does it follow from your estimate that in y„ur. opinion there is half a million tons in the lower reaches of the river below Pereniki's Bend?—The figures do not agree with the figures I gave yesterday. I still believe there are from 400,000 to 500,000 tons of tailings below Pereniki's Bend. It is a very difficult matter to get at it. 22. The Chairman.] Before going further I should like to be clear on one point with regard to the quantity of tailings. An estimate has been given of 1,127,000 short tons in the bed of the river—mean water-level: you have not said that the claims of the extraction company do not extend beyond 2 ft. of each bank. 23. Mr. Hanna,] Does it say " original bank " ?—When the matter was discussed before the Warden, the Warden said " it was the original bank of the river." The Chairman .- Your claim, you say. is to within 2 ft. of the original bank. Then I want an estimate of the amount of tailings remaining on the 2 ft. Mr. Banna : When this matter came before the Warden the question was fully explained and threshed out by counsel on behalf of the extraction company, and it was distinctly stated then that we were to work within 2 ft. of the original bank, and if our operations caused the sand accumulated on that bank to fall into the river it became our property, and we were entitled to treat it. That was the distinct understanding. That was what was meant by the Warden when he imposed that condition that we were entitled to work within 2 ft. of the original bank. The Chairman : I suppose you can point out where the Warden stated that? Mr. Hanna: There would be no difficulty in getting the statement of the Warden to that eSect.

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The Chairman: It might be well that it should be put in evidence. That is an important matter, and we want to be quite clear about it. I will instruct the Secretary to telegraph for a copy of the Warden's written judgment. Witness (continuing) : When the decision was given we saw Ihe Warden personally about that portion of the river to the banks of the river, and he said that in his judgment he intended it to mean the original banks of the river. I explained to the Warden that in our operations, and by our suction-dredging, and by coming up to within six or eight feet of the bank, the suction draws away the loose tailings from the original banks of the river, but that would not affect the original banks. 24. Mr. Hanna.] lhat would follow in any event by your operations in the bed of the river?— Yes; even if we dredged in mid-stream the sands from the bank would come down. I have seen the sands from the bank coming in when we have lieen dredging -'SO ft. away. Mr. Mueller: I would like to mention one matter in connection with this point. There are a number of landowners owning land on the bank of the river. I think it is admitted, when land is owned to the bank of a river and to the water level, that when accretions take place to the bank those accretions become accretions to the property adjoining the river. That question has to be considered as to whether the licenses that have been granted are only for (he water-bed. The Chairman: In other words, you say lhat as soon as the company commences operations some one owning property on the banks of the river may take action against the company for taking away the accretions—very valuable accretions—and that although they may be working below the water-line and within the limit of their 2 ft. from the boundary. .1//-. Mueller: If they go within 2ft. of the original bank they are actually taking away these people's rights. Mr. Hanna: If these people have got any legal remedy, there is a proper way for them to assert it. There is one patent fact—that our'titles, the actual ground granted to us over which our license extends, goes to the original bank. The pegs have lieen put in on the original banks of the river, and our titles extend from original bank to original bank. The Chairman: That is to say, if a private owner had an accretion to his property the Warden can by his decision and judgment give you a claim which overrides the other man's right at common law. Mr. Hanna: This is a navigable and tidal river up to a certain point, and in respect to land abutting on a navigable river I submit that no accretions can attach to the property-holder, and at the proper time, if the question be raised, I can quote very strong authorities on the point. Mr. Vickerman: All the judgments of late have given such land to the landowner. Mr. Hanna: That may be so in a general way, but it does not apply to mining districts. The Chairman: Is there anything in the Mining Act which would affect it? Mr. Hanna: There may be'some sections, and there may be decisions dealing with the point. The Chairman: What I wanted to get at was, what is the volume of tailings upon a strict interpretation of subsection (3) of the Third Schedule of the claim? Witness: I am afraid I could not give it to you. 25. You have already mentioned the amount of 1,727,000 short lons in the bed of the river. The question than arises as to the 2 ft. from the river-bank ?—lhat estimate was as near as I could get at it. . 26. You want to qualify your previous statement by saying that the 1,727,000 tons mentioned is below the water-level, and' extends from the original bank on one side to the original bank on the other side?— Yes. , 27. And you even then have not deducted the 2 ft. on each side that you are not entitled to f— We could not possibly dredge without those tailings coming into our machine If we had not the right to disturb those tailings we could not dredge at all. ' 28 Mr Hanna.] Will you describe the- method you adopt of collecting the tailings and treating them, and the method of your operations?—The method of dredging is a combination of the Pohle air lift with the application of water-jets to assist in raising the sand from the river. The ordinary Pohle air lift will raise water, but it would not raise sand without these water-jets. It can suck or lift from any depth, providing the depth below water is about twice the height to be lifted above water. We raised the sand about 5 ft. above water-level in the barges. W T e lift about 1 of water to 1 of sand. Any excess of water overflows from the barge. Then we take it to our works, and elevate it by bucket elevator. 29. Do you require a great deal of water in your milling operations?— Yes, we must have sufficient water for various purposes. 30. The Chairman.] What is the flotation required by your dredge?— Our present dredger only draws about 18 in., but our sand-barges draw about 4 ft. '31 Mr Hanna ] I think, for some few days you have been going carefully into a scheme with Mr. Kingswell involving a lot of calculations and figures. You are, I understand, thoroughly conversant with that scheme, and you approve of it?— Yes. 32 You consider it quite practicable ?—Yes, I consider it practicable. 33 How have they got over the difficulties which have been raised or have arisen in connection with this inquiry?— Yes, I think it is practicable, for this reason : that it will increase the sectional area of the river, and will give a sufficient capacity if carried out to the full extent for carrying off the flood-waters containing the slimes without an overflow, and at the same time make the river naviga nayigabk nf)W to Tp p uko . dn yon mean to Te Puke?— Yes, navigable the whole way to Paeroa eventually. , . . . . „ 35 You have heard of certain suggested remedies that have been made during this inquiry I Mv own idea is that beyond increasing the sectional area of the river, and clearing it of snags and willows, stop-banks should be placed where the present overflows take place.

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36. The Chairman.] So as to force the water to overflow in spots where it does not now overflow?—No, to confine the bulk of the water to the present stream, which must give it a greater velocity. If you raise the banks you must give it greater velocity. 1 would increase the sectional area by taking the material out of the river—by dredging and by including the area up to the slop-banks. I do not think the tailings in the Ohinemuri should be used for stop-banks, because they are rather too valuable to us,- for that purpose. •'l7. Mr. Hanna.] Do you express that opinion after your constant experience of the river all the time you have been in the district?— Yes; I have been up and down the river fairly often for I he last two years. 38. You have seen the river in every condition?— Yes. 39. Mr. Mitchelson.] What do you mean by "clearing the bed of the river"?—l mean, by dredging tte lower portion of the river, thus improving it, and, if anything, widening the banks, and taking the tailings, treating them, grinding them to slimes, and sending them to sea. 40. What will happen in the intervening fourteen years that it will take the company to treat the tailings?—l think that some very small lengths of stop-banks put along the Ohinemuri at the present time would prevent the township being Hooded. The extraction company would then be gradually reducing the amoiinl of sand in the river to such an extent that the floods would become less and less. The river would he improved immediately we commenced operations. 41. The Chairman.] Do you propose to have any process for discriminating between riversand and tailings—any mechanical process.' -Yes, we have a separate process. We take out as much as we can of the coarser river-sands, and any fine slimes or material which it does not pay us to treat. There may be about from 1 to 2 per cent, of fine slime-material that it will not pay to I real. 42. That you propose to put back again direct into the river?— Yes. 43. Mr. Mueller.] At your Waihi works you deposited the tailings in the Waititi Creek?- Yes. 44. And from there they ran into the dam?— Yes. 45. Did you notice, after the last flood, a large deposit of slimes in the Waititi Creek from your works?— There was absolutely no tailings or battery slimes in the Waititi Creek. We used the water for our boilers. 46. I was referring to the flat where the railway crosses the Waititi : were not your deposits thrown up the Waititi Creek as well as in the Ohineinuri River?—Xo ; that deposit on the grass is a yellowish mud that came down with the flood of the Waititi. 47. That deposit has nothing at all to do with the material that comes from your works?— No. 48. You suggest that for the fourteen or fifteen years it will take your company to clear the river sto], -banks should be placed in the meantime on .he Ohineinuri River? —Yes. 49. Would not that have the effect of increasing the velocity of the water?— Yes. .",0. Would not that have the effect of washing the j,resent deposits in the Ohinemuri Biver lower down? —It might possibly do so. 51. So that even with stop-banks you might lose some of your valuable tailings?—lt is quite possible we might lose some. .")2. If that Pereniki's cut is put in, all the deposits of tailings at present in the meanders would certainly lie lost? —I do not think so; I think some of them would run back towards the top of the cut. 53. That would be a small fraction of the lot?—No; 1 think a large portion of the deposits would go down the cut. 54. For a large portion to go down that cut it would practically have to run up the present bed of the Ohinemuri? —No, it would not. The depth of tailings there is about 12ft., and, once the bank at the bend had gone, that 12 ft. must slope away. The depth of the tailings in the bed of the river is over 12 ft., and it would level itself off, extending further down the stream. 55. On what grade? —I do not exactly know. 56. What is the angle of tailings in still water? —I do not know, but I do not think they would stand 1 in 100. 57. That is the only portion C the tailings at present in the meander that you would lose? —Yes. 58. So that all the rest of the tailings would be absolutely saved to you if that cut is put through?— They would probably remain there, or a portion of them would probably remain. The portion down in that part of the river is very small. I may add that I do not know at what angle tailings will lie in still water, but I should think at approximately 1 in 100. 59. You remember the application made by your company to the Warden last September to remove the obnoxious condition which was in your license—the condition which-prevented you returning the tailings into the river?— Yes. 60. The then-existing licenses were subject to such a condition —a condition preventing you returning the tailings into the river? —Yes. 61. And your company applied to have that condition removed?— Yes. 62. And there were numerous objections to that application? —Yes. 63. And the Warden held that he had no power to remove any condition ?—He did, but finally he removed it. 64. In March last the matter came before the Warden again?— Yes, I believe it did. 65. That was by application by your company to surrender their old titles —the application being for fresh licenses?— Yes. 66. At the hearing of these applications numerous objections were put in?— Yes. 67. And I think you remember that amongst those objections was one which stated that the granting of the application would prejudicially interfere with a Royal Commission which was then talked of?—I believe there was something mentioned of that sort. Ido not remember all the objections, but I think that was amongst them. 31—C. 14.

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68. Do you remember that counsel for the objectors suggested to the Warden to postpone the matter for a month, pending ihe appointment of a Royal Commission? —Yes, I believe there was something of that kind. 69. Do you remember that at that hearing certain samples were produced, ami that amongst then, were two samples said to have been obtained from yourself?— Yes. 70. That sample was produced to show that the stuff had settled very close/— Yes. 71. Jt was in a bottle, and apparently it did settle very close?— Yes. 72. When the bottle was turned upside down it was shown that the stuff had settled very close? —Yes. 73. Do you remember such a bottle being produced?— Yes. 74. And do you remember the following day you came to the Court and explained why it was that the stuff would not shake down? —Yes. 75. You then explained that these samples taken for the Ohineinuri County Council were dried on a boiler? —Yes. 7(i. You alleged thai by drying the samples on the boiler it produced some chemical result which made it become hard?— Yes. 77. That was the stuff which had been treated by you in your company's works at Waihi' —Yes. 78. And to make it settle in those works you used the ordinary process ot lime? —Yes. 79. You have heard the evidence given by Mr. Grace, Professor Jarman, and others that when once thai action had been destroyed it could never 'k- restored? —Yes. 80. You restored it. evidently (—Yes. it did bring it back to a flocculent state again. I say that lime will make it flocculent. Lime added to any of these samples will make them flocculent. 81. The Chairman.] Therefore you are in direct opposition to the technical evidence that has been given by others on that point ? -'.No, 1 do not think I am. Those witnesses were speaking about the colloidal' action in connection with the slimes. I am speaking of the settling or coagulating 82. Do you mean to imply that those gentlemen were perfectly correct so far as they went, but they did not go far enough?—l should not like to say that either. * 83. Mr. Mueller.] You have stated that th.se tailings, as compared with river-sand, lie much closer together and do not shift easily—l refer to the tailings at present in the river as compared with the river-sand?— Yes; I say they lie closer together. 84. And therefore it is harder to shift than Waihou River sand?— Yes, once they are m a bed. 85. You also stated you have to start your pumping to give then, a start to shift them I- Yes : the effect of our dredging causes them to move on. 86. lhat is because l hey are finer than the Waihou River sands?— They are liner and a good deal heavier, I should say. . 87. The Chairman.] Have you got the specific gravity oi the two sands te-.No; lam simply judging by observation and by feeling them. 88 Mr Mueller.] So that it follows that, the liner you get the stuff ground, when once it is settling, the closer and the harder it will settle?— Yes, providing it is not in a flocculent condition —providing lime has never been added. 89. Your company had made arrangements for impounding or stacking the residuum (—We have never made any arrangement. 90. You had an option over a piece of land?— Yes, in case we were compelled to stack the tailings. 91. What area was it? —I could not say. 92 Anyway it was, in your opinion, large enough to carry on your operations, and put the residuum on the banks?— Yes. It was a swamp just below our present mill and plant site. 93 So that if that condition had still remained on your license you would still have continued to treat this stuff, and you would dispose of the residuum in some other way than by putting it into the river?—We should have tried to get rid of the slimes on that land. ill. You think there is no insuperable objection to placing these slimes upon the land'—lt would be expensive. , 'te You have had an experience in your Waihi-works of that?— Yes. We never tested any impounding scheme. At that time we expected to get some assistance from the Government in clearing the river. Ido not know the result of the application. 96 If you get a subsidy now, I gather that your company would be perfectly willing to treat the tailings in that way*—l do ~ot know. We have changed our opinion as regards stacking the slimes since it has been found that it is not so easy a job as was anticipated. ')7 Has the evidence you have heai d ill this Court changed your opinion on that matter f—JNo ; lon- before 1 heard any evidence given here I came to the conclusion I have indicated. 98 Mr Hanna ] What was your idea of sending these samples round to the different County Councillors?— Simply to give them an idea of the fineness to which we were grinding. 99. Did you at the inquiry held before the Warden produce a sample of slimes m a bottle/ Yes 100. Did that bottle remain m the Court during pretty well the whole course of the procedure .' —Yes, it was there all the time. , . 101 Was there any settling?—lt settled down, and left a clear solution on the top; but it never settled hard -il remained in a very soft, flocculent condition, irrespective altogether of its chemical action. . , . ... , ~ „ -ii,„;i,; 102 What is your practical experience of the course ol treatment of tailings by the Wathi Company's plant-that is, as to the slimes?-Once it is discharged from the null it all went away in the river.

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103. Have you traced any appreciable quantity in the river-bed right down to Te Puke?—No 104. Is there any appreciable quantity of slimes from the works right down to Te Puke— I am speaking generally/-No. The only place where you can find whal I call slimes is a little accumulation on the banks, probably through the action of the willows retarding a small portion at those places. r Panel Nichoi, Kingswell examined. (No. 1)3.) 1. Mr. Hanna] You are managing director of the Waihi-Paeroa Gold-extraction Company? —Yes, and also of the New Zealand Portland Cement Company. 2. Your company has a capital of £100,000, the shares being £1 each?— Yes. 3. Andit was formed for the express purpose of working these claims and tailings?— Yes 4. 1 think you have had a good deal of experience in connection with mining claims, and especially with regard to the treatment of tailings?— Only as a business man coming in contact with these operations daily, but not as a technical expert. This has been mostly in the South Island, and my experience has been principally in connection 5 When you came to Auckland, before you formed this company to take over .he river claims I think you had exhaustive tests made of the samples that were taken, and you examined the river yourself?— Assays had lieen previously made, and I made it mv business to check them as far as 1 could. I took samples out of the river. I did not bore al that time. After satisfying myself that the values were there I raised the capital and erected the Waihi plant, and sent for Mr" Vit'ken I have sine- then taken samples on different occasions with Mr. Aitken, and have checked his samples with mine. I have been up and down the river on dozens of occasions, both by boat and by walking along the river-banks. I have watched the accretions of sand very, very carefully for the last three years. 6. The ''hairnian.] And the decretions?—There have been no decretions, as far as I know of at Paeroa, but only at Waihi. 7. When was it you first became interested in this matter ?—Three years ago last September 8. You have heard the evidence given by Mr. Aitken, and his estimate of the quantity of tailings in the river, and as to their approximate value : what do you think about those estimates? —I have had the assays checked by others, and I am quite prepared to support the figures which he gave. We agreed upon that some months ago, and at that time arrived at what we considered safe figures upon which to base our calculations. That is all we did it for. 9. What about the values?—l had the assay checked, as I have stated. 10. Mr. Aitken gave us an idea of the value of the tailings in the river?— Ten shillings a ton all round. 11. Mr Aitken mentioned 12s. 6d. ?—That is the assay value before treatment; the other is the actual value before treatment. 12. The treated value is 10s. per ton?— Yes. 13. And out of that 10s. can you give us what you reckon to be the profit?—6s. 6d. to 7s. we are relying on ; it may be a little more than that if we improve in the working. 14. You have heard Mr. Aitken's evidence in regard to the soundings taken by him, and also as to the samples he has taken from time to time, and his report upon both?—l have not been with Mr. Aitken on every occasion he has referred to. I have been with him on two occasions, and havespent the whole clay putting down some twenty bores. On two occasions we went down to 14 ft. 15. Have you in all that portion of the river found any appreciable deposits of slimes?— No. That is one thing that I have always been very anxious to ascertain. Personally, I have never seen what I call a deposit of slimes from the Junction right up to Waihi, unless when the river was exceptionally low in summer-time; and in places where there is very little flow slimes sometimes do accumulate to the extent of four or five inches, and sometimes even* a little more than that; but on the occasion of the first rain or rise in the river they always go away. 16. Then, do I take it from your observations and from practical results that you are of opinion that these slimes will go out to sea?—lf they do not do so I should like to know what becomes of them; I should like to know what has become of the millions of tons of slimes that have gone into the river during the last few years. As a business man I would ask, where are the slimes? You cannot find them anywhere. Take the figures, Waihi Company and our company, for some time past. Three or four hundred thousand tons of slimes have gone into the river. Where are those slimes now ? 17. We will come to the cut at Pereniki's Bend : what effect would that cut have upon the operations of your company?—lf we had any thought that the cut was going to be put through we should not go on with the erection of the large plant that is to be erected there. 18. Why?— Because we should be afraid of the results. Firstly, it would take away, in my ~pinion, the greater part of the tailings above the cut. 19. Mr. Mitchelson.] Apart from your own works, do you think that cut would benefit the river? —I cannot say that it would. If it was not a tidal river I should think so. It would scour the sands both from the bed of the river and the banks. We should not be able to get our pontoons and barges over the mouth of the cut. 20. The Chairman.] Why ?—Because there would not be any water. The tailings at the mouth of the cut—there would be a bank formed there. There is a gradual slope from there to the Junction, unless you dredge the bottom of the river. 21. What effect would the new cut have on the river itself? The surface of the water at the top —it is at a certain level now ; if you make a new cut what will its effect be?—lt will reduce it somewhat. 22. An inch, or what?— Say there is 7h in. between the two ends, in that case it would not reduce it so very much.

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23. If the water-level is lower by 4 in., how is that going to affect the water-level in the meanders?— 1 should not think it would lower the water in the meanders below the water in the cut. 21. There is a depth of the river at both ends of the cut more than sufficient for the navigation of the barges?— Yes. 25. Mr. Hanna.] In your opinion, if an amount of this material were taken down the cut, where would it go to? —It would be taken down into the Waihou. It would be- taken beyond our claims. After being mixed with Waihou River sand it would not pay us to treat it. And, in my opinion, it would bank up in the Waihou lower down, and would do harm both to the mining companies and the farmers, and it would be a danger to Netherton. 26. At your mill, 1 think, you have had some experience of the nature of the soil/—Yes. Our engineer had to find a bottom or foundation for the plant. I have seen the bores. I have a letter iron, him. [Exhibit No. 75 -Mr. Banks's report and samples.] 27. You have heard a number of schemes put forward to ameliorate the troubles in connection with the Ohinemuri and Waihou Rivers. You have a scheme of your own which you wish to bring before the Commission? —Before putting that scheme before the Commission, 1 wish to say that what I have taken into consideration is this: that, knowing the difficulties and costly nature entailed in the settling of slimes, I propose to remove weekly from the Ohinemuri and Waihou Rivers a greater volume than is [nit ill by the mines—including mining debris; and in the course of six or seven years the operations would have the effect of clearing the channel from either Netherton or Te Puke right up, including the Ohineinuri River; and 1 anticipate .here would be a sufficient volume of water and sufficient velocity to carry all the slimes right out to sea. That would lie a permanent remedy. [Exhibit No. 76 —Mr. King-swell's letter.] The Chairman : I think that letter should have been addressed lo the River Board, as thereis a trust at the present time —the controlling authority. Mr. Hanna : There is one difficulty —namely, whether the River Boards Act [daces rivers within a mining district, which have been declared to be sludge-channels—whether they are placed under that authority. The Chairman : Have you any doubt on the point? Mr. Banna: It is a question, I think. It is not a matter 1 have properly considered, and I only mention it incidentally. The Chairman : 1 am glad you have expressed that doubt, because when I formerly raised that question 1 thought you rather pooh-poohed it. Mr. Hanna: I said our titles were indefeasible; but I made no remarks about the River Hoard. That, however, is a [mint, and if the Commission considers it worthy of consideration, it could be referred to the Government. The Chairman: One of the objections to the proposal in Mr. Kingswell's letter appears to be that you eliminate the question of the snags, the islands, and the shoals, and 1 am perfectly certain that in most cases the island- and shoals hay originated from snags, and it seems to me that the two things cannot be separated. Witness: In respect to the island at the Junction there is a lot of debris, and, in my opinion, the willows there could lie very simply removed. If you take away the heel of the island, the first flood is bound to remove a lot of stuff and relieve a lot of the limbs, and they can then be pulled out, I think. (Mr. Hanna and Mr. Myers put in a number of exhibits : See appendix.) Henry Halbert Metcalfe examined. (No. 94.) 1. Mr. Mueller.] What are you?—A civil engineer. 2. You have had a number of years' experience?— Forty years'. 3. About a month ago you went down to Paeroa for the purpose of examining the Ohinemuri River? —Yes. 4. How long were you down there? —This time about a week, but I have been at Paeroa a great many times before. 5. You have known thai district for a number of years?— Yes; I think I first went up the river in 1883, and 1 had a flax-mill at Te Aroha about 1890. I had a small steamer running on the river in those days. That was on the Waihou River. 6. Can you give us shortly the condition of the rivers now, and what they were when you first knew them? —My experience of the river was above Paeroa mostly. I have been stuck below Hikutaia in those days in a 3-ft. draft steamer, but very likely that was due to bad navigation. 7. Have you been recently on the upper Waihou?—Yes, I have just built a bridge at Te Aroha. 8. I mean as regards navigation?— No. 9. In this week of inspection at Paeroa. you were there specially for the purpose of examining the deposit of tailings?— Yes. 10. What did your observations lead you to state as regards the effect upon flooding of the country caused by the deposit of tailings? —Below the Junction the slimes seem to have settled on all the vegetation alongside the river and for some chains back, leaving a white coating which did not wash off with the rain. 11. Did you see much of that white coating?— Everywhere I looked. 12. And about how long after the last flood was it thai you were there? —I was there just at the end of April —I think the flood was fully a month before. 13. And this white coat was on the vegetation?— Yes, on the grass. 14. What effect do you think that white coat would have on the vegetation or on the cattle that ate it?—l do not know. 15. I suppose you observed large deposits of mining tailings in the water channels in the Ohinemuri?—Yes; they have silted up the bottom and sides very much.

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I:!!::. W ° Uld " M * haTe ° n tU °* the river in flood-time ?-It would 17. r believe you made some examinations of the h0t.,,,,, of the Waihou River below the Junetol- Yes; we wenl down below Hikutaia, and got samples of the bottom and sides 18. What do you consider these Samples consisted of/ Well, the sides were tailings distinctly The ( bottom was mostly rive,-sand. Mind you, I examined mo,,- particular!* the shallows and not 19. You did nol examine the deep holes /--No. 20 Since you took (hose samples has your o'pinioi) undergone any change as regards the quantity of tailings that was ,„ these samples? When I look then, I thought there wis abso ut 1 • "" •",' ,!l "" l ','" ,( aftCr th *y dH€d >' ! ° uld -<' -nail .races of , ailmgs m tliem traces oitSlTnglS Mif the ? •«• •*« -er-sand; and. dry, you could sec 22 As regards th.- ca.rying-oapacit- of tte river below the Junction, has that been affected b Ihe depos,, ol tailings or otherwise? Yes. the channel has been narrowed a great deal by the but tte w,,h"r!h , "i "J "", Si,l " s - ' ' , " ""* !lm ' k *■ ** » red ™S »»£ nut tne wiiitii lias certainly been reduced. 23. In examining these deposits in the lower Waihou, can you give any idea as to how far they extended out from the bank I I took .hem roughly to be 30 ft. on each side - Thet han-mau.] And all the way?-] was going by the trees. I had an old resident with '" " l aS Bh ,°T ln g me ,h " "'' bank - (,t course, it was no, uniform by any means, but I think YOU COUld take a fair average, and say 30 ft where the willows were, thai is:' not otherwise ..i And how many cubic yards at .he cross-section do you think on (he average?-I should think ~0 square yards ol the cross-section on the two sides: that is only a pretty rough shot 26. And that is from when to where below the Junction?—] do not know: I should not like to make a calculation on the assumption that it was uniform the whole way. The width of the river is not uniform, for one thing. 27. What portion of the river have you in your mind when you make lha, statement?-Awav belo** llorp s for the next couple ot miles, and I may say above Thorp's as well-pretty well from the Junction to two miles below Thorp's. ' 28. Mr. Mueller.] At the Junction there is a large deposit?— Yes. 211. You saw the groin that had been put in?— Yes. •10- What was the effect ~f iha. deposit at Ihe Junction on the flooding?—lt undoubtedly banks up the Ohinemuri River, rhe groin gives a scour across to that river, and that has intercepted DloVedu a ptlmoutt ' " P "'" ' "" the '' ight bauk ' which has prett >' well 31 With what effect in flood-time?—l suppose it would raise the Hood-level of the Ohinemuri above that. 32 And ihe upper Waihou te A little island has formed in the Waihou which has blocked that at the head of the groin—with silt on the lower side and mud on the upper side of the island rhat would turn the water over the banks of the Waihou about a mile from the Junction 33. And cause the Waihou to overflow its banks about a mile above the Junction ?—Yes in a straight line. ' 34. In the Ohinemuri itself you say there are large deposits of tailings?— Yes a great deal 35 As regards the alleviation of the trouble, what would be the first work'that you would suggest ?-I think you should cut off the Waihou liefore you do anything-cut off about three miles ot it by a cut 60 chains long. 36. Coming in back again to the Waihou where?—At the end of that bend that Ihorp's is on 37. lo what depth do you suggest that cut should be carried out ?—I think if you took 'it down to ordinary water-level the river would do the rest. You would get a flood-channel then 38. And what would be the effect of that cut?— That would leave the present course of the Waihou from the Junction down to the new junction entirely for the Ohinemuri River 3!). Would you suggest doing anything will, the accumulation at the Junction ?—Yes I would clear the groin out at once. I do not think there would be any need to do anything more ' 40. About how much would thai II i-water channel shorten the courseV-1 think it cuts iusl about three miles off the length of the Waihou. ' J 41. Would you propose to throw the whole of the water of the Waihou into that cut straight away, or would you let it define itself?—No; you would have to turn it all down at once to keep navigation going. I think that could lie easily taken down in a short time. 11. Whal would be the next thing you would suggest?--1 would treat the Ohinemuri in the same way, and cut off three miles more with about a little over a quarter-mile cut down to the present Junction—that is, at Pereniki's Bend. 43 How deep do you propose to make that cut to start with?— Just down to the ordinary water-level. J 44. And what beneficial effect do you think that cut would have?— You would steepen the grade between Paeroa and the Junction very much, and consequently the flood-level of Paeroa would lower. 45. You think if would benefit the Township of Paeroa?—l think there is no doubt about it 46. I do not know whether you took the actual levels for that cut?— No. 47. Would these cuts not have the effect of bringing the tailings already in the river lower down ?—Certainly they would. I consider that would clear out the tailings from all about Paeroa, and drop them in that old channel between the present Junction and Thorp's, where there would be plenty of room for the tailings and the Ohinemuri.

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18. You mean they would be taken down to the exit, to just below the Junction I—l think so. 11l Would you suggest any way of dealing with any deposits which might be in the river or which might get in the river, so as to keep the rivers open for navigation up to Te Puke Wharf and up to Te Aroha? If you take the tailings lower down, will they not have to be dealt with in some way?—l do not think so. Ido not think that they will extend to the new junction. 50. Mr. Mitchelson.] You do not think the effect of the two cuts would be to fill up the lower Waihou just below the Junction?—To a certain extent it would. 51. Not to a large extent?— Well, the present channel takes the combined Waihou and Ohineinuri Rivers, and it would only have the Ohinemuri to carry then. 1 think it would fill up to a certain extent. , , • , , 52. But nothing appreciable?— Not to cause any flooding. 1 am looking solely to carrying the water out to sea without spreading it over the adjoining land. 53. That will give the water a quicker run?— Yes. 54 Mr Mueller ] Then you think any straightening of this watercourse will have the effect of shortening the run and so lessening the liability to flood?—It steepens the grade by shortening the length, and so increases the velocity. _ _ 55 Would you suggest anything further in the way of clearing the river?—l think the willows should be cleared away. You want to increase the size of the channel wherever possible. 56. Mr. Flatman.] Would you take them out altogether—root as well as top?—lhat would be a work of some time. Ido not think you would do that all at once. 57. In ihe interests of the river would you remove the willows altogether I—Yes, gradually. Certainly 1 would grub them out eventually. ~._„. ... , 58 'Mr Mueller.] Would you suggest anything in the nature ot stop-banks'—Well, 1 think YOU would have to put stop-banks about 500 ft. back from the river, because if you put the stopbanks alongside that river and confine it you will make .nailers worse. You must leave the river room lo spread, and if you do that you would sacrifice the lands alongside the banks. 1 think if would be worth doing to straighten the course and put the stop-banks about 500 ft. back from the 11VC1 5I). That would endanger the homesteads, because they are on the high land which is always next the river-bank?— That is so. . , 60. As to these cuts which you suggest, can you give us any idea ol the cost of cutting a floodchannel to water-level in the Waihou, which is the larger cut?-I think you could do it for £6,000. 61 The Chairman.] Exclusive of land?— Yes, I did not consider the cost of the land at al 62 Mr Mueller.] And the cut in the Ohinemuri ?—I think I estimated that at about £1,000. 63' As regards this cut, have you any other idea about slightly altering the course ot that cut?-Yes, I looked at one from the same Pereniki's Bend down below Mr. Kenny s house to the Maori ground; but, although it is a better position for the cut, ,1 would destroy several houses an d would cut across the Main Road, and would be a much more costly thing. It is a better line .1 '" U 'of By llTcurse would y„u go into the Waihou a little below the large deposit?Yes. altogether below that about half a mile down, I suppose. It would come in hall-way between the Junction and Thorp's. 65 But you think the extra cost is not worth the extra advantagete-JNo. 66 : In addition to these amounts you have given us are there any other items of expenditure which would be necessary I You say the land is not included in this?-You would probablj want .. coupl of dreojei There is a severance in that piece on the Ohinemuri, and there is a severance -main in the piece cut off by the W aihou cut. . (7 Then, as regards cutting the willows?-! reckon tha. would lie a continuous job, witch W(llll ,;,, or years to come. You could spend, say, several hundreds now in cutting the willows Sown, but the grubbing would take a long time. 1 think 1 put down £560 for cutting down the willows and clearing them out of the way now. . _ 68 Is that on both rivers?-! do not think you want t„ do much on the Ohinemuri There will be'a very short piece left-not more than half a mile-on the Ohinemuri from Paeioa to Pere © ki AitoTttese works were completed there would be some works that would have to lie carried on from lime toXI? Yes. I think you would have.,, leave the r.ver in charge of somebody to "- k {?%£riss cv zs&zt** « ** ~*. «* «** ' sinking f lon the original outlay ?-That is exclusive of capital expenditure on works. . TJ Ton ...ii.v.l 1 .nppone, in emmining the rim, Ua ontfall. ol the drninil-Te.. ■ t. esCs ..it -5---. - .rir,:: ,« „ .... ■»,«. RlTO 76^r l . d n^™ln^lhrS'.S''.alin g „„„ the rim.-N. d.nb. the nood. .Inice

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A B ' JJ ler .n, haS bBen , a su gg e f ion in re g a rJ to your Waihou cut to carry that cut to below the next bend? Then you lose the landing at the Puke Wharf. It would be L excellent thing bit you would lose the landing, and that is my reason for not showing it g ' 79. Mr Mitchelson.] It would be a great improvement to the river?-Yes, but 1 considered .here would be so much opposition to the loss of the landing at the [.resent place at Te Puke 80. Supposing that opposition were removed, do you recommend the extension of the cut as an engineering feature?—By all means. TV'"'!''["""'} Wt ' haYe I . beeD Md > if ■>'■•« done it would be impossible to build another landing below the cut, on the ground lhat the river i.s wide and shallow, and that there is no deep water .1, which to put it and no width of deep water in which a vessel could swing: does ttat commend itself to youl-I think you could gel room. They manage to turn steamer? almost _ 82. From your knowledge of the river do you think you could build a landing-stage below the junction of the second cut if it were adopted? The new cut would come out very close to the PukeNetherton ferry: do you thmk you could make a new landing-stage just below the ferry?—l have not looked at it from that point of view, but I think very likely you could get it there ' However I should not care to give an opinion on it. 83 Mr. Mueller.] You only had a few days at Paeroa, and vol, gave all .1,,- time at your disposal while in the district to tins river question, but you had not time to go into every little detail? —J did not consider the question of shifting the landing at all. •, It B 'l f ', T' I -; UVe " '" the su &g estions X"" have made did you have sufficient time to go into the actual details ot every little item in connection with them/ Ido ,„,. say that I think these am tee lea, [mg features of what should be done. 85. The Chairman.] A good working preliminary report?—! think so 86. Mr. Cotter.] Taking first the Ngararahi cut-that is, the Waihou cut—l understand trom your report that you only speak of that as an overflow cut?—ln the first plaoe 87 Is that only intended to operate in the first instance, leaving the river to scour its own curse down there?— Yes. 88. Then that would mean all the earth, or sand, or whatever it is being scoured into the main river at and above the Puke landing?- 1 do not think so. If you get it moving it will'keep on moving and go out to sea. The river takes down more than that every year. 89. Yes, but you are opening up a very wide and very long surface all at one time?— Yes .X). Do you not think, whether that scheme is adopted or not, it would be very advisable for the controlling body to have a dredge at or about Te Puke to control any accumulation of silt that might even temporarily lodge and Ik- a danger to navigation ?—lt would lie a useful thing Ido not think it is absolutely necessary. It might Ix- found necessary afterwards, but I expect you could get along with it. ' r 91. Would not the effect of that be to practically shut up for all time the Ohinemuri above lo ™T ' } 'f ° 01li " , ' n ""' i is don *- Tdo not think it is worth clearing it out J2. Ihe residents of Paeroa may have a different opinion?—l mean commercially. I do not think you would get an adequate return on the expenditure in clearing that river—not with that circuitous course, at any rate. 93. Have you considered the character of the land at the Ngararahi cut? Have you taken any borings or anything of the kind?— You can see the river-banks. 94. In this estimate of yours have you only estimated the bare cut, or did you intend to line or do anything of that kind to prevent erosion ?—tfo ; I should let the river erode to make the bed it wanted. That is the whole principle of the thing. 95. It might not only be the principal, but it might have a very accumulated amount of interest : it might be that the interest would be very much larger than' the principal?—l do not think so. r 96. We are told that it is very dangerous to have these cuts unless they are lined or protected ■ that is not your opinion?— No. 97. Is it your opinion that the banks would erode to a considerable extent?—The river will cut out the banks until it gets a sectional area big enough to allow it to get away. 98. The Chan-man.] Is not the position that it will cut out the bottom and'sides until it gets a sufficient sectional area?— Certainly. I do not wish to confine it to the sides. The river will fix up its velocity and sectional area to suit itself. It will reduce the velocity by increasing the sectional area, and when it has so reduced the velocity it will not erode any' more. That is the plainest way I can put it. 99. Mr. Cotter.] You say that the river will cut its own way, and make such a cross-section as will provide for the normal river. Then comes a flood, and I want to know what the effect of the sudden change will be: will there be a huge erosion then?—l am afraid there will not be. If there was, you would be getting a channel which would carry the whole of the flood-waters and there would be no flood. 100. And do you not think that would Ire the effect of it?—No ; I think that is very much to be desired. lam afraid it will still flood, and you will have to cut out these bends and put banks up a long way back—not where most people put them, on the banks of the river. That is only laying yourself out for trouble. ' 101. I understand you to say that what you will want is a stop-bank 500 ft. from each side of the stream, which is giving 1,000 ft. in addition to the width of the stream itself. And what height would the stop-banks require to be?— About 6 ft. 102. And you think that would be required on both sides of the Waihou and Ohinemuri in order to carry the flood-water?—l do not think anything at all about the Ohinemuri. That would not want anything. If the cut is made Ido not think it would flood at all over the banks.

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103 You think a cut at Pereniki's Bend would solve the difficulty so far as the flooding of "OS. Have you considered the questionataU of « cut a little below the Junction as indicated here?— Yes, 1 looted tn.n, " sic *-«*». •- t'^u.x,-::'^,:;:::,.::;,;:.: 1 ';": , ■■ ■-— - ~«-» tailings in this bend?— Yes. . , d )uko tll( . ~i vol. to cut out & /'''itto-uXtHt 10,',.,, -1, 1 -Id help i, , U out directly H " nwtle Chairman.] You mean, in the course of three or four days?-! think a couple of " 'ln° U M, d fir.] Have you taken any borings there?- No, but I can see the banks. There is STtas there, and I could hardly see the banks In, s,l, ?-There is clay along a * a " pretty well covered with mining tailings?-No; just in this corner you ° an n4 h The a n the effect of this cut would 1, that the river within a month or so would find its *" iff tl *Z£££sR fif? this Pereniki's Bend in regard to 117. And, in your opinion, in U ; tS cut, and deposit then, between the Id " "* - M - ,U " " *" Uld som \ d r^^it\ir^ Paeroa Township?-! think so It ™dd^ b ring down a constde -a lower part of the river. I think it vould bi "S ao Bfa Puke?-I do not think so. US; &?teS,£« , no iZ&iffS'iiTZZ S -"W-- --- - 1 ""' I"' '—' "" '"* m"H.™ yon nn.de on,- „o»d,ng> in Itaii'. Bond ,„ ~-, Hatt-tb™ » deep w.to, „■ """ ssrsSP-t*., ,„ -duw-M. rr.nS»r£ot, l iii,ti»" fts?s-. »« *,•£; ■Sa.TS aiTiaK a- ..0 J-* «. *■*!». B», yon h.™ no, ..lon on, ending. .. nllf-I »n»dod rig,,, down .he Ohinom.r, 10, the purposes of this report. •+-,„_. ...ilteo-s above Pereniki's Bend would be taken 12G P Then you do not consider that any of these^^^^ . l say they would not down to Te Puke even in times of flood ?—Not judging Dj ** hat goes the Junction. ,„. , r . (le(aino(1 above t [,c Junction ?- Yes, above the new junction. ouantitv of these tailings above Mackaytown k- ' » l*" ™" *" S; these would not be carried out ££ to some part lower down, »*-««£££ fartS and farther. the coarse stuff almost immediately, and carrles the n ™ Pereniki's Bend at or opposite the 130. Do you say that that is evider, oethtfftjmjJeuaM Township ?-No, I do not site of the new extraction-works is finer th m.ten from time tQ and ccTse stSff I lather down. I do not see much difference d ° Wn I t 3°l t M!- Myers.] Did you ascertain the velocity of the stream in different placest-Nn. I know tte river prettywell, and I know the velocity you can expect. 132 You did not measure the velocity anywhere ?-No. hq TTorl vmi take cross-sections at all! —Mo. 'I Nowhere ?-Nowhere. I know the widtllo the stream^ 135. But does not the width vary a great deal?-Ce.tamlv it Hoe..

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on V, ' S - ' — ""< ™* I-* -< - -eh g as a headache everywhere l BUPPOBe '"" WiU " y ""' Si """ ilb " U ' ** TCl °° it3 ' ?e8; the velocit . v is *- ,wa y* 138 Mr MeVeagh] Y„„ spo ke of stop-banks, but you did not say anything as to the cost or extent oi these stop-banks: ,-an you give us any information on that point?- If Iw ,s \k „ ttese oute ' sl ";" 1 ' 1 dra * -he.rtufl to one side i„ one act, an ake the bank alongside tte cut bm further down, because the height would vary with the "round ' 139 I understand you to advocate that Stop-banks should be constructed a. abou, a distance "' - ~) '/'■ ''"' each bank .< Wherever there were low [daces in Ihe ground 140. In both streams.' Nol in the Ohinemuri. 111. Have you the fall say. between Mackaytown and the Junction/ -No: there is about Oft. up to Karangahake. I forget what Mackaytown is. But the levels of these rivers and the velocity are always varying will, the tide. "vers ami tin 142. What 1 wanted generally to gel is where these stop-banks were to be constructed and the extent ol them, and .he 00 s< .' They would In- below the present Junction 14-i. And none on .he Ohinemuri?-No, unless you had one jusl abou. the two-mile post on he railway, where there 1S an overflow now; but you would not hay,- to put tha, until you Jot the tailings cleared out, or else you would 11 1 Paeroa worse than a. pre.,,,. " g 144 Whereabouts on the low,-,- Waihou would you have-the slop-banks/ I should not out them until I had looked at the ground during Hoods. P 115 You say two new bridges would be necessary: have you formed any estimate as to what they would cos, - ,„. would be worth about £6 per f,,,,,. and 'I SUP] they wouK 200 ft each 140. I hat has to be added ~, your estimate, I suppose?— Yes 147. Have you any information as to the difference in the levels at the point of in,-,!-,. ..n-i n point of outfall a, the site of each cut I -In the Ohinemuri very 1,,,.,-. uLL Z ,ZZ h 1 X stagt of tte S£ r "" S '"' "' "" S leVe1 ' S " th€ Water - l€Vel "" lst ta hi * her down-stream JnorZ always 48 altSng yOU ""'' ""'"'""' " ; '" ""' "" diffeienoe in the levelJ " Bul «■* -ate.-level is 149. As to the bed-level.' I do i...t suppose .here is anything you could detect lot). Is the bed-level immaterial?—] think so, quite [01. In the case of both cutB ? There would probably be ag I fall on the Waihou one i.>i. Have you any information as t,, the extent of it?—No 153 Mr Banna.] I understand from y,„, that by putting in this IWniki cut in time the water would be cut off entirely from what is called the meander that runs right round? Yes 104. You said the effect would be to make that a back-water? Yes 165. Would there be any current at all in that back-water?-! think a couple of little creeks 156 Supposing these creeks are running into it in summer-time, would there be -,ny current .hen.' -Only what the influx and outflow of ,|„. tide would give ' ° UTTeni 157. How wide ,1,, you think this cut should be?—] think it should be 100 ft 158. Is that at the bottom?—] do not think anybody could go in,,, ~ so nearly as that in -, preliminary investigation, to take out the mean width. ' <l 159. 1 take il you consider the How of the water down there would ,-arrv ,11 .be ,„.,f„,.; .1 the present surface of the ground and on the bottom of the bed away .tew ~- UwV-tZ m term! at the present level would be excavated and shifted out. ' matenal 160. What do you propose to do with all the material to be excavated and shifted out? I did not think that out. You could always find a [dace to put it . 161- Is It quite clear, in your opinion, that the effect of that cut would be to take away a con s.derable quantity oi the ladings above Pereniki's Bend te-Tha, is what i, is ,„, • id,, is the only object in [Hitting it in. ism,ant Co do, that 162. Xo matter what the circumstances mighi be. the carrying-out of your scheme would .-,!-,. several years to complete? Yes, it is not going to be done all at once ' -mid take 63. It would take some years to carry out in its entirety? I think a couple of cars 164 Mr. Mueller.] How does the fail in the upper Ohinemuri c pare with' the fall below Mackaytown in the same river? It is much steeper. n( 'an miow 165. You ~,,-ntion in cur report il„- question of 50,,,,- 1i,,.,,,! being constituted - I ~-,ti, ,- h , Je djails of all these matters would have to be gone into as they arS I his, ' fdo n 'tl md 166. I. might be necessary to line a small portion of the cut ~, protect n in some way?-Yes certainly erode a bed, particularly if il is encun 1 ' S '' ' "'" ' ,I " I " S, lev, 1 ;;:: ,•;:;. ztat t: H down ' ,, "' , ' enough to keep the fl ■■ ■*• p***. — .....i point*Vi'hi: !'\-Z " PereDiki ' B '■'" ' H,T "— '" ,h( ' '"™«-■ -evel from point to I JO. What extra speed do you expect to tret out ~f tten i h; v i ... •;*"; ■> -s-a-i U, a 2. 'P:l i :x na \j. 14.

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during floods we get a great difference. I suppose the water-level in Paeroa will be 6 ft. or 7 ft. above the Junction in time of flood. 171. That would all depend on whether the Waihou had risen or not?—lt is an ever-varying quantity. . _, 172. Very often the Hoods cine from the Waihou and go up the big drams to I acroa I t or tainly they do. The Waihou runs up the Ohinemuri very often. 173. How would you get the cut scoured out when lhat happens in most instances? I think the t1,,,,,! in the Ohinemuri always happens first. 174. I think the Waihou 18 generally entering in Hood when the Ohinemuri comes down: I do not think you would get the cut scoured out I -Then you would have to help it. 17.-,. Take tte other out :we have just got the levels of it. There is ~ difference of I ft. 9 in. between the two ends at low water, and you would have alfl . 9 in. fall in (10 chains:' Yes, and .hat would give a great velocity. 176. How would that affect the navigation.' Do you think the river would stay deep enough for boats to get up?— Yes, I think so. 177. Do you think there would be enough water there with that speed on.' 1 think. SO. 178 You' know it lakes you all your tune to get 3 ft. in the upper Waihou now, but it will lake you all your lime to get 2 ft. with this fall I Yes, but it will cut the river down and make a new level; I think the river will regrade itself for a great number of miles. There are hard bars in that river every now and again hard sandstone formation. 171). Tin Chairman.] Can you lix where they are?—l am afraid I cannot. ISO. Mr. Vickerman,] Then you do not think .here would be any danger lo navigation in the up per Waihou.' I think the. could still manage lo gel lo Te Aroha. Up towards Shaftesbury there was a winch, and we used to wind up with a chain when the water was low. and we got up first-rate. IS] The Chairman.] You think there might be some temporary inconvenience to navigation until the river cam,- to its permanent longitudinal section .' There very likely might be. I should think it culd be got over. 182. In your view, you would appoint a River Trust with a competent advisor, ami leave n to him toget over these difficulties as they arose? I think so. I do not think it lies with anybod* to foresee what is going to happen in that river. 183. You stated you knew the river between 1880 and 1890, and lhat ,1 used constantly to Bhoal?—That was going up on the stickles in the river -just where these hard bars are. There j s a ii,,],. ra pid in tte river, and we used to stick there sometimes -that is in the upper Wad,,,,,. Hut we have also stuck down below Hikutaia at low water, and have had to wait for the tide. 184. There is a sandbar somewhere down there.' Yes: but it was very likely bad pilotage. 185. Your scheme has been to save money -to simply cut down to water-level and leave the flood to scour out; but you have no objection to putting in the cut at ~,„■<- in m,,- operation and work up from the bottom"?— Far from it, but I think it would probably run into ~,,, much money. ISC. But suppose you were asked to do what is best for the river within moderate limitations, how would you modif* the report you have already sent in?- I would cut the cuts out to their full depths, and' I would drag the material from the upper cut out to a spoil-bank on the west side. 187. So you would get over tte fear of the material being eroded and carried down stream to make further shoals?— Yes. 188. And if the money can be found, you think thai is a possible and practicable scheme, and that it will result in great benefit to both rivers?—l think so. It is the only way I see out of it. 189. If that cut were made, and cut down to a suitable cross-section at Ngararahi, would you close up the present bed of the Waihou where the cut leaves it ?—Yes, I would put sand-bags across the mouth. 190. Mr. Vickerman.] Do you not think the river would do that itself?- Probably you would not have enough water for navigation purposes unless you turned il. 191. The Chairman.] We are told thai the difference in level in Pereniki's Bend is some ijm. NOW, that difference of 7£ in. will not remain constant between Ihe top and bottom ends of the new'cut, but will gradually work its way up the river for some considerable distance, and to some extent it will work down:'so that the river-level would no. vary t\ in. between .he two ends?—lt does not now, continually. 192. We are talking about dead low water: thai would not in any way affect the level of the water in what is called ihe meander in ihe long three-and-a-half-mile bend.' -I do not think it would. The tide backs up to Ihe bridm- sometimes. I do not think it is ever clear of it. II).-',. And the effect of making a straight cut would be to make ihe tide run up stronger.' Probably. 194. But is that nol a well known fad > Yen. It would improve tin liver in every way. 10.",. And would probably carry the water-level higher up, and therefor,- give more water in the meander? —I do not know. 1 think lhat has rather complicated that part of it. There is a little water runs into that meander all the time. 196. How do you arrive at the £4,000 a year which you want to spend on works.' I put down a great many things as I thought of .hem. I allowed for a punt and some winding-gear and things to pull these willows out with, and then 1 consider there would always be a certain amount of clean ing out of drains and repairing banks, because I think it will be necessary to put stop-banks in some low places. 197. Did you intend to include a dredge at all?—I thought it was very likely. 198. We were told by one witness that the est of cutting out Pereniki's Bend to the full depth would be from £30,000 to £40,000: do you think thai is a fair estimate?—l should be very glad ~f the job with 10 per cent. off.

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J!H). You think that is an excessive estimate?—] do. 1 did not contemplate doing this work with a wheelbarrow. I imagined you would get derricks up and a scoop to work. 200. You think the job is of sufficient importance to warrant putting up a proper plant? 201. How much a yard do you think it could Ix- taken out for, supposing you take it out for il,,- full depth?—] put down 6,1. for the Waihou one, and I think Is. for Pereniki's, but I do not think it will cost half of that when once y,,u have paid for the plant : and that need not be a very expensive plant. 202. You suggest stop-banks lo chains back from the river, and tide-traps on all drains: that is going to reduce the available area of laud very considerably ?—ln flood-time the effect would vary, and it seems to me that is what it would take to keep it in.' The different states of the tide make it, so uncertain as to what would happen. Phrct Niohol Kingswell further examined. (No. 95.) 1. Mr. Hanna.] You wish to make clear a certain point in regard to your evidence? Yes. 1 did not intend it to be lerstood that I would kill the willows or do anything like that with them. Wherever our dredging operations are to be .in the Ohinemuri River ] shall have to object to Ihe killing of the willows. 1 meant cutting them down to within 2 ft. or 3 ft. of the bottom, hut t,, keep ihe roots and about 3ft. of the boles, otherwise you will get me into trouble with the freeholders. The people put the willows there for the purpose of protecting the banks. To my liiind there would lie a very great risk in killing the willows, as the banks would be liable to scour in tune of Hood. I have lo have anchorages in time of H 1. and if I have not got the willows to " an g on io I should have 1,, get rights to erect anchorages from ihe freeholders all the way up the Ohinemuri. That is the reason I do not want the willows in the Ohinemuri destroyed. 2. You have no objection to all the branches and the bole 3ft. up being cut off? That is so, otherwise I could not do it at the price at which I offered to do it. But this applies only to the willows in the Ohinemuri: in the upper and lower Waihou they can kill the willows, or do whatever they like with them. Ernest Felttjs Adams further examined. (X,,. 96.) 1. Mr. Hanna.] When you appeared before the Commission at Paeroa you stated you would not be in favoui of this Pereniki's cut?— Yes. 2. Since then have you seen lit lo alter your opinion? No. •'!. I asked you to give me an estimate of what you consider the cost of putting in that cut would be- I understand you have considered the position, and cv have taken various other mailers ml., consideration as well, and this is a copy of your estimate of what the putting-in of llia ' ou< • ll " 1 ll "' incidentals connected will, it would amount to [Exhibit No. 72]. If any cut were put ill. In your opinion it should be in accordance with your plans? I think a fair way to put n would be this : If I were called ,„, 1,, report in regard to the cut, this is the report I should lodge and these are the suggestions I should offer in regard to the matter. 4. The Chairman.] I understand you to say that in a rather half-hearted kind of way—that is to say, you do not recommend the cut?—Xo. .".. Mr. Banna,] I),, you say that, in your opinion, the estimate of the cost you have given there is a lair and reasonable estimate of the est of that particular cut cv would put iii if requested? —Yes, I think that is a fair estimate of these works. 6. I think you have taken them all out in detail?— Yes. 7. And you have worked these out at the ordinary prices that would be charged for the particular work?— Yes; there is only Is. a yard allowed for excavation. 8. That is the regular price that the Government pay for that work?—l do not know what ihev [>ay, but Is. a yard is what I estimate it is worth. 9. The Cliairman.] I notice you have taken E to E across Thorp's property—across almost the highest land m the district?—No, I was trying to avoid the highest land. So far as the quantities on the lower cut are concerned, I did not estimate for going through the hill. It would payto take the cut a little to the westward, so as to approach the hill and take a bend that way. The hue is not carried up to the full height, and the cut is cut out to the river-bottom. 10. Mr. Hanna.] Have you made any provision whatever in that for the removal of spoil?— I l„- out spoils would be put clear of the banks, s,, that they would not fall in again. 11. Have you made any provision fo, ihe acquisition of some place to deposit this spoil?—l have not considered the question of land. ''-'■ Bul '' is inevitable a place must be provided for the deposit of the spoil?—lt is inevitable there must be a right to cut before you can start the cut, and you might as well include that. 13. The Chairman.] The reason you think you would recommend this is because, in your opinion, it gives a very much better run to (he river?— Yes, and it is quite safe. _ 11. Why do you not think the previous suggestions quit., sal,-. Because of the velocity of the Ohinemuri River. 15. You think it would be too great a velocity?— Yes-.-16. We had it that the velocity in the Ngararahi cut would lie very much greater than in the Peremki cut?—l am quite satisfied that is not correct. On first putting the cut in in the Waihou the velocity might Ik- greater than the velocity on first putting in the Pereniki cut—that is the ordinary low-water velocity; but by the time the Waihou cut had brought down river-gravel from as far as Maugaiti in regrading itself, its velocity would be reduced to the normal state. As far as the Pereniki cut is concerned, in ordinary times the river has no great velocity, and you would

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not have to provide for lining, but when the flood-waters came down the Pereniki cut I am quite satisfied the Hoods would go through there at 7 ft. a second. 17. You gave us 10 ft. the other day.' — 1 was giving it approximately. Of curse, one cannot anticipate being cross-examined in detail on all these points; but I an, quite satisfied it will go through there al 7 ft. per second. 1 base that to a considerable extent on the velocity of the Kauaeranga, which is a river with approximately the same gradient and will have a similar channel, as far as curves are concerned, to ihe Ohineinuri if this cv. and the training-works were put in. The Kauaeranga River is tidal for about a mile and a half lo two miles. It throws gravel and shingle half a mile outside the Shortland Wharf. On these grounds, and on the grounds of these velocities that I have worked out in regard to ihe Ohinemuri and the Waitawheta. I feel quite satisfied that the Ohineinuri in that new cut will come down at the velocity 1 estimate, and that the cut will certainly require lining. IS. .1//-. Cotter.] Is that your cut? —Anybody's cut will require lining. 111. Does that lining refer to the Ngararahi cut as well?—Oh, no! that is a different proposil ion altogether. 20. The Chairman.] What I understand is this: lhat the Ngararahi cut is a portion of a very long stretch of river, and therefore the cutting of three miles out of a river thirty miles long is a small matter, because the river will grade itself for the whole length of the thirty miles/- Yes. 21. But that if you take a shorter river, such as the Ohineinuri. with, say. ten miles, and cut one-third out of it, that is a dangerous thing to do, because there is not sufficient length for the river to regrade and produce the same safe velocity?- Yes, and lhat the Ohinemuri inclination is so much greater ; it is irreducible. 22. That is true from one aspect, but we have it that the Ohinemuri grade for three miles and a half of the meander is only 7A in. : therefore it does not a],pear to me to be any great risk to cut that three miles ami a half out, and shorten it down to a quarter of a mile I - The particular matter lhat makes me think il would be risky in Hood-time without a lining is the fact of seeing the gravel and shingle below ihe Railway Wharf in the Ohineinuri at the present time. 2-' l. And that would continue down ihe new cut, and down into the junction of the extended Ohineinuri with the Ngararahi cut? —Yes. 24. You are practically increasing the length of the river by adding the piece from the present junction to the new junction, but decreasing it by cutting out the meander.' - Yes. 20. Therefore it will have very little effect on the gradient of tte river for tte total length I Very little. 26. Would it not then cm.- lo the former flow in a little while, and would not that risk be removed.' No. It is not a matter of length entirely, in my idea -it is a matter of the tortuous character of the river at its termination. Take as an illustration the Karaka Creek at the Thames. It used to meander through the town and used to Hood the town ; but it did not carry anything bigger than gravel to the beach, or lo a very small extent. The Karaka Creek cut was put through, aud as far as length is concerned it did not amount to a very great amount of reduction, but the Karaka Creek now throws boulders as big as a man's hat on to the beach. 27. The Karaka Creek c es down fast?—The Karaka Creek from almost ihe battery to the beach has a very low gradient relatively to its gradient above. 28. The walls are lined with boar,ls. and it is a flume, and not a long river at all?— Yes, with a rough bottom. 29. That is a different aspect altogether: you get a head of water at once?— You get less friction. 30. But here is a case where you have three miles of level above the cut : you have hardly any rise until you get to Mr. Cock's [dace.' -There is no great rise. :',l. The tide still goes up .here al spring tides? According to Mr. Cock's evidence there are boulders as big as a hat there, and 1 know that river before the mining debris came down was full of big shingle and gravel at Marsh's [dace, because I was there reporting on them. 32. But the increased length of the river down to the new junction makes up pretty nearly for the meander?- Yes, it does from that point of view: but considering the great stoppage of water there must be al the present lime, and ihe great reduction in clearance, and the fact of seeing the shingle in the position I mentioned. I think that -with the new clearance, which must be very much greater, larger shingle and more of it will cine down that new cut. 33. ljut you are going to give the Ohinemuri plenty of room by giving it a channel to the Waihou to the new junction, by which the water can gel away a double-width channel all the way : and you have the Waihou full up below that again to form a cushion for it?-—That is so. I was not suggesting lining the Ohinemuri oil beyond Hape Creek. 34. What puzzled me was the 10 ft. per secml velocity you gave us I'm that cut the other day. You have now reduced it to 7 ft.. and given your reasons by analogy!- Yes: of course, all I could put ill directly in regard to that matter would 1m- simply the rough computation I made in regard lo the average velocity in the Waitawheta and Ohinemuri Rivers.

Auckland, Weknkshay, Bth June, 1910. (The following exhibits were put in : Nos. 71). SO, 81, and 82.) ERNEST FELTUS An.Uls further examined. (Xo. 1.7.) Witness: I have handed in a statement showing the progress of floating material in the river : 1 suppose a fairer way to put it would be to call it " suspended matter " [Exhibit No. 83].

E. F. ADAMS.

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WnMi/t r/ """'':';'l. Y "ur state,,,,-,,, shows that it takes twelve hours from the battery at Waikino for a particle in mid-stream to arrive at the Junction Wharf Y,-s - I. And in your statement you give what may be called a hist.,,-, of a particle dun,,,.- its course n the stream, and that shows that i, takes thirty-eight irs from the Junction, tefofV £" "."' ''' ""' "T- i " 1: " ' nakeS Wty b ° UrB ma " " I-' 11 " 1 " luting in ~,;„, ihe,-,- is the greatest velocity, to get out of the river?— Yes ' 3- Then you want to correct the evidence you gave before when vol, said you look certain amples of water and found a certain quantity in suspension. Those samples we - ken on a '"'• s ' l: '; v ' " t '' l lrS T'' th€ bat .* erieS had r " :ls< " 1 positing on the Saturday, antherefore that accounts or the small amount of suspended matter?- Tl,.- first set of sampfes were taken on jhrida and a Saturday I h.-y were low-water samples. The last set of samples were take, , a J Uesday - -"' Ma - V ' , 1 ' 1 '" 1 " ""' '""*< -"'"'-"I deduction I can make within mv power that day at Kopu. where the samples were take, would be the river's holiday in regard In In!, terv , ,!' '"' +. And there ,„-,. you recommend that those observations should l„- treated as beim- only -, r'r'- Ye8 > ><<"'- a, only fr that point of view, I think that would I, f ~-" \ would he a minimum, I should think. wouia 5. And that satisfactorily clears away in your own mind the difficulty you had as to why one set ~1 samples vary so much from the other? Yes, that is exactly the position James Alexander Pond examined. (X,,. 98.) 1. Mr. Mueller.j You are a fellow ~f ihe Chemical Society of London, and an analyst ' Yes -. In May last you received several samples which we,,- sen, „, you from Paeroa?- I did •>• iou sent down a report upon those samples?— 1 did I- That rep,,,-, has been furnished .„ the Commission. You asked, prior akina your report, for a sample of slimes or residue direct fr,,,,, the tube mill? I did. tor comparison ' •i. I lie statements made m your report you confirm? Yes 6. And as regards Ibis deposit of line slime upon the vegetation, can you explain Ihe effect of hat to .he Commission ?-I think i, would te better if you would allow me to de ih ~ . te ° from mv own point o view. As I could ~,„ obtain a sample from the mm., lor com , /, obtained a sample oi .he pumice> wh eh is a, present being wash,,! into the river Sou River Silt. Oils shows i-l per cent, of silica. The highest of the sain,,!,, submitted lo me showed 92 ."■rent. ~l silma. Eight out „f the eleven samples submitted contained silica between 84 peTcent and 92 per cent. The microscopic evidence shows that the particles in th,,,- samples are nearly all silica qua,,,. I he part lelcs were such as would be found from crushed quartz, passed . I ough tZZZZ'ZZZZZZ ;ZZ h ' ' having ,h " ***** ° hoidal '— ai^s 7. Th, Chairman.] Amorphous quartz will crush in cubes .'-AH ,-ocks will crush in rou-d, cubes when a certain pressure is hrough, upon them. Take road „ let al, i, is roughly cube Id S V 'n ; l "^. s "' l "Z [t ,S r ° Ughly t -"'"' when certain P° wer ° r P r <*™re is brought to bear upon ... he alummas did no, vary very much: ,he higher silicas contained less T line wa present in all the samples examined. And beyond the analysis made for my own information and hinking ~ was necessary lor this work, I found magnesia and phosphoric acid. I„ four samples I-Mind magnesia, and in three .sain,,!,, phosphoric acid. I had no anticipation of it having any bearmg upon this matter I should say that ,Ins class of sil, ,s capable of Supporting vegetatioii Ihe same thing applies, ol course, to the detritus thrown on, a, Tarawera. The same thing applies io He marine sands so largely composed of siliceous matter. I would refer ~, th,. Landes in ihe south o |, ranee, on the GaSCOgne cast, where thousands of acres of siliceous sands have been added as fertile [dams to France. The classes of plant which it will be possible to grow on this soil ..,,,,1,1 be certain grasses, a considerable numb,, of 1eg,,,,,,,, and a large number of tree-species—the pin,, mo,-,- especially This therefore, points to the desirability „f placing this silt, if possible, where ,1 can be utilized tor this purpose, rather than filling up the river. 8. Instead of being sent to sea?—lt would mean simple forming deltas at the , ith of the Thames. tis ~ matter of flocculation, as if it was clay. What escapes the river must close up the channel at the mouth, except that which may be retained in narrow tortuous streams That 18 as far as 1 wish to go in regard to th ,t portion of the subject. !>. You are not able to go further, as to the division of the grasses you have referred to ?—I should have been glad to have done thai, but I have not gone into that matter as fully as I should like. in. You are aware that the Department ~f Agriculture has investigated this matter and that a report on the subject has been furnished by Mr. li. C. Aston, Chemist of ihe Department Have you seen his report? It is attached to the annual report of the Department for 1909?— Yes I have seen it. lie gives figures relating ~, the effect of siltage on vegetation. 11. Have you studied that report?—! have seen it. but I have no, g,,,,.- through it sufficiently. 12. One would like to know whether you agree or disagree with his conclusions' I should hardly like to give an opinion on that point just at once: I am working on this subject on mv own laml. I have knowledge which entitles me to give an opinion upon the possibility of legumes growing upon that soil—particularly legumes, because that will so enrich our country. 13. Mr. As,on has recommended legumes also?— Yes. I may add that if this was solely silica I could not take ii], this position, but ill the crushing of the material there is a large amount of clayey matter in the rocks which is included in the material. 11. One of the objections raised to silt-pits is that after the pit is filled the surface will dry up and become dusty, and will blow about, thus preventing vegetation growing upon it : cv hold a contrary view that it may be suitable for vegetation.' Subject again to the matter of depth.

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Where the depth is too great for the capillary action il would not do. I may state that red clover will throw down ils roots :i(t ft., and another plant down to ."ill ft. or lid ft. Those are both legumes. I am speaking, of curse, of the maximum. 15. Will you give us an outline of your views as to a solution of this serious difficulty thai we are dealing with.' I am nol an engineer, and 1 shall make no attempt to deal with the engineering difficulties of the scheme, but to my mind il is one that should be thought of, ami winch, 1 think, must have a possible remedy. The collection of this silt into reservoirs or pipes is a necessary outcome of the mining. There is m, difficulty about thai. There is, however, the difficulty of the removal of the stuff. 1 think that to attempt to force this silt by pressure or pumping to any long distance would be a failure. I think, however, that the method of dealing with silt" l,\ means of a vacuum is feasible—pulling it forward -and there are many instances ol it having been carried into effect. Ido not say mining silt, but sills generally, and 1 have very little doubt whatever of its being lullv accomplished. Now, ibis is a matter of power, and thai power I propose io su-rgest to the Commission. The Waihi C pany are proposing to take power iron, the Waikato River at the Horahora Falls. I believe their proposal is to take 10,000-horse power from tha. source Seven or eight miles south of that place, on the same river, the Waikato Hows through a narrow gorge, and there is a fall of about four tin,., whal there is a. Horahora. The |,lace is singularly well formed for a dam: and al ihe highest pomt of the dam there is a narrow ridge of rock-that is. as far as 1 have seen from the bottom: I have not been up to it. A channel through that narrow ridge will convey the water into ihe bed oi the llaihaitaha, which. again Bowing through rock, falls over rock again into the Waikato. It might be reasonably anticipated that 40,000-horse power could be obtained, roughly speaking, iron, this part oi the ,-iver The ultili/ali f this would give the power required for moving the sill in ihe vacuum. driving sand-dredges on the Waihou to relieve the present accumulation, and any excess might be utilized in driving crushing plants in the Thames district. 16. You suggest that the surplus power SO obtained might pay for the whole cost ot shifting the material? -That is my proposition. 17 You think that the horse-power so obtained would Ik- so valuable thai ll would pa* tol the capital cost of the piping and the plant necessary i„ remove th,- silt? I think so 18 It is a question where you are going to deposit the silt? Yes. Ihe pull would be, ot course to the highest point of the pipe-line, after which there would be a descent to the [dams lying between Waihi and Tauranga Stream, in which there are many depressions, and which would take a very large tonnage. 19 Mr Mitchelson.] It is poor land?— Yes, it is poor land. 20. What effect, in your opinion, would suction of Ihe sil, have upon the pipes -I do no ,hi„k it would be an advisable thing to fore, i, through the pipes. I think that would be a fatal error But if it is drawn through the pipes I think the attriti t. the pipes would be reduced ,„ a minimulll compared to a maximum the other way. But that is a matter I cannot give an ° Pini 2 T X n cUrL2 lU On II .her hand, it is the governing feature of the wh„.,- proposal?Silts are carried by vacuum in a great many cases, and I think there would be a very long life ,„ the pipes—though how long I cannot tell you. 22 Mr Myers.] Have you calculated tte length oi the pipe you would require?- No. 23. So that it is not of very much use questioning cv further on that point?—No, no, „n that 24° in The question of cs, you have not considered? No; my object is ~, try and save the lower lands from being ruined by the sand. •> ! Where do you propose to erect your plant for the purpose ol drawing or suction?-! do not know I have not sLlthe ground for many years, and I cannot attempt to give an 0p,,,,,,,, 011 Mr Mueller.] You stated that the object of the whole scheme was ,0 save the land from being ruined by the deposit of silt? Yes. and the river. Mr Cotter- The matter you are called upon to investigate presents a very unique position, -* « 32 1 - not ttinj 'YVSHh^ ;; ~,;s ■ iti^telposit d*^^^, p™*^p~~«"? th<>r ; ver g S^nthatTense ttat tt River Board was constituted so as to enable it to be used. The Chairman ■ 1 „resume the River Board could have objected. / C, I am coming to that question subsequently. Over what was m the bed and , \, I mfs of the rye, f,-.r a large portion of its course a mining clam, has actually been ""I I, 1n c I,■ ■ position of this river-ttat there is a Biver Hoard appointed for the granted, - hat you h. *I 1 > ° obstruction: you have these mining companies granted ■ - *

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the mining oompanies oarrying on operations on its banks; because I think it is common knowledge that, so far as regards most of the mining companies in and around this district prior to this river being proclaimed a sludge-channel, these oompanies have only operated on what might be considered high-grade ore, and it is only through the discovery of ne* methods and new processes and the discovery m the Waihi Mine of such a large body of what one might call, in comparison with that previously mined, low-grade ore, thai has caused the sending into the river of the very large quantity of tailings that we find now in the bed and upon its hunks. In fact, you will remember that, so far as the last five years are oonoerned, the output from the Waihi .Mine has increased from one-third to one-half. 1 am not putting this in an\ na, as an absolute excu.se: 1 am only giving it just to put before the Commissioners in a succinci form the condition in which the river is, and in order to help my clients and to assist the Commissioners in trying btain a solution of the difficulty. There is one other position thai I think it right to put' before you on behalf of my clients, and that is this: that while, on the ■ hand, the Ohinemuri County comprises farms affected by these deposits of silt, yet. on the other hand, it comprises a much larger area of land thai is practically of no use, and never will be of any use, except for mining purposes. s " thai the Ohinemuri County Council have had to cm,si.l-γ. ami have still in consider, the rights of both the mining community and the agricultural community. In former years, and especially when the river was first declared a sludge-channel, the agricultural and pastoral interests of the district had not become so valuable as they have ol late years, and ioulii if this tremendous quantity of tailings in the river hud been east into the river in LB9O or preceding that year it would not have done the amount, of damage that you yourselves have seen on pour recent visits there. And in any scheme for the amelioration of the trouble the County Council, acting as a County Council and as a River Board, would also have to consider the position of the mining an,l agricultural communities with regard to any scheme put forward for preventing a continuance of the present order of things. When I am making any observations t" the Commissioners, and while I may lie represent ing the Ohinemuri County Council and the Ohinemuri River Hoard, in reality lam "ii l> representing for the time being a majority of the members composing thai body, because. while the mining members those returned by tii mining constituents are anxious that no improper imposition of wbai might l>e considered restrictions should be put on the mining industry, the other section the farmers naturally look particularly to their own interests. So that I do not want to be misunderstood, therefore, wh.n I say I am instructed to Say a particular thing. You will quite readily understand that it is only as agreed to by a majority and as represented by the Chairman. After hearing the evidence that has been submitted, lam instructed to say that the Ohinemuri Countj Council consider that a dredge not only would be advisable, but is absolutely, in their opinion, necessary, for preserving the navigation of the river at any rate up to Te Puke. There has been a coidlicl of evidence and yon will quite understand that I am not going to attempt to analyse it, but am only treating it generally but upon that conflict of evidence that has been given you will come to this conclusion at any rale: that there is such a doubt as to Ihe ultimate deposit of either tailings or slimes that it would be undoubtedly advisable that sonic means should be at baud al Te Ink ■ and below in order to prevent any accumulation that may become an obstruction to the river. The next part is with regard to the present accumula i ion of tailings, .--specially pa si the traffic bridge opposite I , aero a. M v clients are clearly of opinion that something should be done with regard to not only that part of the river, but also to the part of the river from the railway-bridge down to below the township, so as to prevent any possibility of another Hood doing the same or anything like the same damage to the Township of Paeroa. The Chairman: Why leave out thai portion of the river between the traffic and railway bridges. Mr. Cotter: I did not mean to do that I should have said between the trallic and railway bridges; and they are xrvx anxious, if possible, to assist in every way they can the operations of the extraction company in helping them to do this work, and. you will see. for more than one reason. Kirst of all they recognize, if these tailings do contain the value thai has been placed upon them by Mr. Kingswell ami Mr. Aitkeii, that it would be in the best interests of the district that the gold therein should be recovered, and, of course, in the recovery thereof you can well understand that my clients will obtain a proportionate part, so that if the extraction company were enabled to continue their operations, and those operations should turn out to !«■ as successful or profitable as the operations they conducted at Waikino, it would l>e an advantage in both ways — first, as to the result to themselves and to the community at large so far as relates to the retention of the value; and, next, as to the cheapest way of getting rid of what is now clearly admitted to be by all parties a danger to Paeroa. I will come later to their proposals, and to whether their operations are beneficial or otherwise with regard to thai proposition The next item is the removal of the willows. Mv clients consider that, so far as the Ohinemuri River is concerned, operations should lie at once commenced with that object in view, only commencing at the lower end and working upwards. They consider that it would not be either necessary or advisable to uproot them. They consider that it would be quite sufficient to ringbark and kill the willow, afterwards very likely removing the root portion to enable the trunk to remain as long as possible. so as to be a further protection to the banks. .Ami while upon that subject you will allow me to make these few remarks: Kver\ one seems to have had something to suggest with regard to the removal of the willows, and as to their being the principal cause of the trouble. My clients do not agree that they have been the principal cause of the trouble, but they do say undoubtedly that the growth of the willows has contributed to the retention in the stream of a lot of these failings. They consider that if these willows had not been there and retained a large portion of the tailings in the upper part of the Ohinemuri River the probable result would have been that the Waihou River would have received a much larger body of these tailings, and that it would have affected the

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navigation of the Waihou River at and below the Junction. To have cleared these willows would have cost a considerable sum of money, and the Ohinemuri River Board, to obtain thai money, wou ld Lave required to have rated the settlers and inhabitants of Paeroa; and they considered ;,;,,;, ; V11U ,,, ~',. ~„,,■„„■!, unfair „, vat, these ~<-rs,,Hs to >'<— . difficulty thai they themselves had no , or eated. You see they would have no power to rat. the mining companies in the slightest and v ,, u W iii also see thai with regard to the particular fund that they consider should be used o this purpose, although application was frequently made, the Government did not assist in the -I, ,si n having thai fund appropriated. 1 refer to the gold duty. I am not sure that you are aXe of the provisions of the Gold Duties Act, L9OB. Tins provision was in previous A.-ts and . ~, nol been referred .... and therefore ii may be advisable for me to refer to ,t now. Sections 2 Duties let, 1908, are as follows : ■' 12. The duty received in respect oi he go d produced within the boundaries of each prandial districi shall be placed to a separate account in the nan,,, of su,h district, and shall be distributed from time to time by the Minister ol Finance anongsl all the counties and boroughs within such distrid in the proportion of Ji c quantity.oi ~,ld produced in each such county and borough, as shown by the aforesaid fa (1.) Notwithstanding anything in the last preceding section, the Governor may from time to time by order gazetted, distribute any pari of the gold duty not exceeding one-half among such Eauthortties g and in such proportions as be deems jus,, having regard to the locality n which He gold was produced, and th< exteni to whirl, streets, mads, and other public conveniences were «cd g in ~,nn,l , ,inn with sue oduction. (2.) No sue -der shall be made except on he award ,„■ the Warden of the mining district wherein the gold was produced, who may be directed .by-the Minister of Mines to make an inquiry and assess the proportion (it any) in which such gold dutj II be paid to each local authority, and the local authorities interested may be h,ard by <!„■ Warden pHor to the award being made." So you will see there thai there L. the expressedl intention O f the Legislature thai where gold has been produced, and where streets, roads, and other Sic convenances are used in the production of it. then the gold duty ... the exteni of one-hal a b.! 1 J ,„..! ~ pay the costs Lreof. I. may be legally argued thai the words "pubUc conveniences" do nei inrlu.lv a river; bul I think the words "public conyeniencas must b< aklnTiide ,!„• river, because the river is now used by the mines nol only getting away their refuse, but as the actual traction power ... remove it from the locality ho that I espictfuUy submil ... the Commission that, whether or nol a Court oi law w,,uh 1,,, , 1 t.,« .- w ,,Js were strictly within the meaning of the words and roads, .γ-tt, . . 11 ■"♦«• purpoßeß the words "publi< convenience" were undoubtedly ntended to 1,.,, resneci I mean I » pul before the Commission a letter written in the newspape by Mr. moss, ; f r ■ ~ or "he disfrici [Exhibil X... 84]. Ihe nexi suggestion thai has been made which my cS have instructed me to state they approve of is the erection o s»o,,d,anks: but „ not consider thai these stop-banks should be erected so far from the banks a ß M.jfcteal haß : suggested, because they would actually take up such a large portion of on both s , a thedaiL for compensation would in m 3 opinion be very large indeed You wiU_see that, lam ,„„ all engineer, it would amount practically to an area oi I|. ■"",.' ]< " ' '. lliililliW A glancs at the map show- the land ... ~ mlk. . compensation owing to «- •

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I, te LtSi T, V° ' " KKllt,Catl °"' they have considered these two points which might be advisable-advisable so far, a, any rate, as the Waih,,,, River is concerned. I understand th I no mining operations are being carried on either at Waiorongomai or Te Aroha and th', there might ,„- a revocation of the Proclamation in so far as mining operations in ttat - oerned I understand that th ,y are crushing only to a very small ex,.-,,, on the Wai1,,,,, River, and 1 "'".V. onjj- affect future operations and not present operations. And my clients are a little doubtful with regard to what they call fine grinding. They are a little bit afraid in respect to the evidence give, before the ( ,„m„,ss„„, by the representatives of the company that they have ,-round their slimes very, very line indeed. Yet these witnesses now erne forward and declare that they do -ml intend in tte future to put out more than a very slight percentage of coarse quart/ into tte river I hey might agree to the Proclamation being amended to the extent that no company should be allowed to cast tailings into the river that do not pass the 100-mesh. The Chairman: I presume they would be prepared to accept something liner than that. Mr. Myers: That is line enough I mean, fin,- enough as a minimum. Mr. Cotter: I do not know whether my friends mean that the. would no, like to so liner firm that, or coarser. Mr. Myers: If you say nothing is to go through that does not pass a HHI-mesh, i. is quite sufficient, I take it. for the protection of the river. The Chan-man: It might clear the ground if you said cv would be willing to accept such a condition. Mr. Myers.- \\, shall be in a position to consider that. I cannot take upon myself the responsibility of answering that question offhand. 'Ihe operations which have applied in'the case of one cm],any up to the present tin,,- have not been adopted by other mills. Mr. Cotter: They will have to do so. that is all. And in answering Mr. Mvers's remarks with regard to the position of the old mining companies under the Proclamation, I only desire to make " m ' remark. I ,1,, not want it to go forth thai ihe Government in making any modification of the Proclamation would by SO doing incur the odium which my friends say would result, because so far as the Proclamation was concerned it was originally issued under the provisions of the Act of 1891, section 152, and that section declared as follows-:' "The Governor in Council, from time to time, I,\ Proclamation published in the Gazette, may proclaim and declare that any watercourse or part of any watercourse shall be a watercourse into which tailings, mining deOris, and waste waters of every kind used in. upon, or discharged from any claim or licensed holding shall be suffered to flow or be discharged, and in like manner may withdraw any such watercourse from the ~],eration of this Act." So that, although the power was given to proclaim the watercourse, the same power was given lo withdraw that Proclamation. This is the principle of the Act of 1891. In answer to a remark made by my friends, I may say that I have looked very carefully into Ihe Mining Ac of 1898, and the right is preserved of withdrawing the Proclamation, and tte same preservation is made in the Mining Act of 1905, and the same in the Mining Act of 1908 : so that, although the exact words have not been put in the new section, there is a general section put in dealing with lhat point. While upon this question I may say that we have in, desire that the Pro clamation should be withdrawn, but it is right to put it before the parties The Chairman : It would seem strange to say that the hand that gave could not take away. Mr. Cotter: That is so. With regard to the gold duly, if you remember, Mr. MeVeagh put it lhat the gold duty was originally intended only for municipal purposes, and the reason I have referred to this Act is to show you that this is not so, at any rate, with regard to the oil per cent. I' is quite clear that under that Act, supposing a large mine in the Waihi Borough had to make use of roads or streets for the carting of its deliris away from its mines, even if it goes into the Rotokohu Swamp, .hen .la- gold duty would be the first purse that would lie opened to pay back th,- expense of so doing, at any rate to the extent of one-half of the cost thereof. Therefore it seems to me that the same could apply with regard to the river. The next point 1 shall just touch upon shortly. You have received a letter from the Raglan County Council. In regard to the Ohineinuri County Council, I have stated that its position is very unique in respect to the river. It is also unique with regard to the position of the county, because so far as the county is concerned. although on tte map it looks a large district so far as either the County Council or the River Board is concerned, its position as a rating body would seem to Ik- extended over a large area—yet in consequence of the gold-mining industry being exempt from ordinary rating, the Crown lands being also exempt from rating, in reality it is not so. 1 have touched upon the gold-mining operations and upon Crown land and Native hind. Mr. Mitchelson: You include the mining land with the Government land. Mr. Cotter : Except that they pay a rate in ihe shape of the gold duty. Mr. Mitchelson: There are within the district a number of sections let at peppercorn or lowrentals that pay rates. Mr. Colter: Yes: I mean only the property used for mining purposes. Mr. Mitchelson : What about the Government land included in the mining district that is not let : should it not pay I Mr. Colter: 1 am not dealing with what the land should pay : I am only putting the present position of things in the Ohineinuri County. I want to put as clearly as possible the actual position in which my clients are in regard lo th,,. matters. The river runs through the county, but so far as the county is concerned, and its rateable possibilities, il is able to rate such a small portion of the whole aggregate as to be hardly worth talking about ; and if a large rate was struck it would be practically penalizing a number of persons who in no way whatever have contributed to this evil. While on this subject I should like to gay this: that the Ohinemuri County Council would not like it to go forth in any way that the Government have nol most materially assisted it in carrying on the business of the county. I have a return prepared showing the way in which the

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Government have been absolutely practically compelled—when I say compelled I am not using it in its legal sense but it has been compelled to assist the county, otherwise the county could never have carried on its ordinary work. 1 have had a return prepared with respect to the Ohinemuri County of the goldfields revenue received during the last five years, and also the Government grants received. 1 maj be permitted to read tins, so as to show how far the Government have been compelled to give assistance to the county in doing its work. The amounts are —1906, £1,563; 1907,. £1,785; 1908, £1,684; 1909, £7,278; 1910, £8,124; and the Government will now have to assist the county with regard to repairs of the Main Road —the damage which has been caused by the floods—because the county could not touch the tiling out of its own revenue. We have to lean on the Government to enable us to carry on the government of the county. That has been granted independently of gold duty. The Chairman: What are the special grounds Eor the large increase in the grants during the last two yea is I Mr. Cotter: There are four mining townships to keep up, leaving out Waihi, and there is the expense of keeping up these roads leading to mines in soma parts of the districts, and hot a penny of gold duty comes from them. But the roads have to be kept in repair, and they are very expensive, because they have to be mad' so as to carry heavy mining machinery over them. Ihere is also another reason, and that is thai in the county there is a large area of Crown lands, and in various places where the Governmeni have either granted or leased pieces of land, in opening up the place roads have to be made to them, and the Government have given grants to the Ohinemuri County Council to enable it to construct or maintain these roads. Tht Chairman: Is it for that purpose thai this enormous increase has been made in the grants? Mr. Cotter: I believe it is. I have returns giving all these particulars [Exhibits Nos. 85 and 86]. 1 do nol intend to speak .it length with regard to the various reports that have been submitted to the Commission those of Messrs. Adams. Breakell, Blow, Cheal, Clayton, Metcalfe, Perham, and yon will also have the evidence of Mr. .lames Stewart ; the only observation 1 would like to make with regard to these reports is this: So far as my clients are concerned they think the evidence given by Mr. Clayton is valuable in respeel to the operations of the stop-banks so far as the Hutt Valley is concerned : but, seeing thai this river which we are concerned with is not of such a character as the rivei at the Euti it does not flow so rapidly —they do not consider that these banks here should l>e constructed in such an expensive way as apparently is considered necessary at the Hutt. So Ear as Mr. Perham's report is concerned, we agree about a dredge being obtained for dealing with the river-sands ami whatever material comes down to the lower Waihou, and that that material would be found advantageous not only with regard to the roads and.for the suggested railway-line, but possibly with regard to the stop-banks as well. We consider that is another argument in favour of obtaining a working-dredge. With regard to the River Boards Act, and the Drainage Act, and the Public Works Act, there are in these three Acts provisions which should have been brought into operation by the Ohinemuri River Board: but the previous observations I have made with regard to the bringing into operation of these provisions I need not repeat, because the Ohinemuri River Board and the Ohinemuri County Council consider that this matter got into such a serious state that they were practically unable to cope with it, and the evidence given by various persons in the course of this inquiry I think has proved that if they had attempted, without very much more expensive engineering aid than they as a county could possibly provide, it might only"have given justifiable reason for persons to complain as to the effect being produced by their operations that they certainly did not anticipate, besides also the cost of them and the fact that that cost would not'come out of the pocket that they thought should provide it. I think it only right to refer perhaps at a little greater length to one scheme, and that is Mr. Kingswell's suggestion of yesterday. My clients would have been very glad if they could have seen their way to have recommended thai scheme as a feasible and economical way of overcoming the difficulty, but I regret to say that they cannot. The scheme, as Mr. Kingswell himself admitted, was rather hurriedly constructed, if I may use the term, and imposes a responsibility upon whoever may have the control of this river that 1 do not think any such authority would care t" accept. The Cliairman : That is. you mean removing the material day by < 1:i \.' Mr. Cotter: Exactly. Any local authority, to "my mind, if this material is simply to_ be dredged, would far rather provide a dredge, and dredge it in accordance with their own requirements, and take away the stuff at suitable times, and not leavi it in a contractor to shoot as many thousand tons as he pleased at any particular place, and ask them to provide the punts. They also considered the question of price.' They considered (hat if they had their own dredge they would be able to do the work as cheap or cheaper than under this soheme. There is one part of the scheme they do not like at all—that is. on page :i. where it is said that the company is to have the right to separate and treat any sands that may, in their opinion, be profitable or saleable. So that would simply be, as far as Mr. Kingswell is concerned, that he would be able to differentiate and practically adopt any part of it ; and whatever he could not make a profit out of he would leave to us. My clients consider that it would not be advisable to accept that. Mr. Kingswell: You only pay for what is delivered. Mr. Cotter: But you would have the power of differentiating. I think the Board would be the best judges as to where and in what manner the dredging is to be done, and as to what should be done with the material; and I think the complication thai at preseni exists so far as the river is concerned is quite bad enough without bringing another factor into it. In conclusion, I would like to say this—and in saying it I hope you will not think lam in any way trespassing on your jurisdiction that a new body will require to be created, and that body will be dependent on the persons or local authorities whom you may decide should contribute to the first cost, and also to the annual maintenance. They consider that the area over which this body should have junsdic-

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tion to rate should be the watersheds of the Ohinemuri Kiver and the Waihou River, extending, so far as the Waihou River is concerned, not any higher than Shaftesbury, and so far as the mouth of the Waihou River is concerned, they think it would be sufficient for the northern boundary to be placed where the Thames Harbour District and ihe Ohinemuri County join. As to the number of persons who should represent the particular bodies, my clients consider that to make an effective body it should be a very large one : but they consider that, whatever be the number composing that body, the Ohinemuri County Council should have a dominating voice—a small majority. I will give you the reason for that. Supposing it was ultimately decided that the Waihi Borough, the Ohinemuri County, the mining companies, and the Government The Chairman: You are leaving out any direct representation of the agricultural interests excepting through the County Council. Mr. Cotter: Yes. The Chairman: You are a composite body representing townspeople, miners, and agricull urists. Mr. Cotter: Yes. The Chairman: Should you not give specific representation to the farmers as well as the miners .' Mr. Colter: We have i bjeetion. The only difficulty is with regard to the creation of a new representative body. So far as we are concerned, we make no objection to that. We have no objection to such direct representation. Under ordinary circumstances it would be fair that each body paying should be represented in accordance with the amount they paid; but you will see this: that if it was put the other way, then it would mean that if the majority were always persons who paid ihev might practically emasculate any scheme, because they would have to pay for it, whereas ihe other persons would lie suffering. Now comes ihe question of who are to pay. So far as we have considered ihe mailer as to the Ngararahi cut. thai is a matter we have not considered, but that is going to be rather expensive; but outside of the Xgararahi cut, and outside of the Per,niki Bend cut, supposing those cuts were not to be made, but that the cutting of the willows lakes place, and dredging, and with the assistance of the extraction company, we consider that £5,000 or £6,000 a year, not including continuous stop-banks, but stop-banks where necessary —that all might lie done on a capital which, taking interest and sinking fund for a period of fifteen years to pay it off —all could be done for about £6,000 a year. Of course that would, as I have said, depend a good deal upon the Board constituted and upon the engineer appointed by that body. Now, with regard to providing the means to carry this out : My clients consider that the gold duty is the means by which all this work should be accomplished. They consider that the mines have produced such an amount as would have assuming that a proper part thereof had been apportioned to this object—as would have provided sufficient to have prevented the accumulation of deposits on the river and the damage undoubtedly resulting therefrom. 1 am quoting the gold duty because it has been suggested to you thai the Government should pay the whole amount. In that my clients do not agree. Assuming, however, thai il is not considered fair that the gold duty should pay the whole of it, then my clients consider that a fair allocation would be, one-half in accordance with Ihe provisions of the Gold Duty Act, one-sixth from the Ohinemuri County Council —and, of course, in that you understand I am including the farming community as part. Mr. Mitchelson : What about the principal district —Waihi? Mr. Cotter: That is my recommendation —that you should create a body with regard to these rivers and the waters of these rivers. Mr. Mitchelson: What about a special rate? Mr. Cotter: It would be a special rate. 1 am assuming that the Ohinemuri County is carrying on this work. Then there would be one-sixth by the Crown, and one-sixth by the mining companies, reckoned upon the tonnage that they put into the river. It seems to me that that, is the fairest way. The Chairman: If new mines started they might want to put mullock into the river, and that would mean some supervision in regard to that? Mr. Cotter: There will be a difficulty there, but 1 do not see any other way unless you do it by means of the battery returns. The Chairman: I think it would be better to take it by the battery returns alone. Mr. Cotter: Yes, that would be the simplest method; and with regard to the apportionment of the gold duties between the Waihi Borough and the Ohinemuri County, that could be allocated in the same way by the tons of stuff put in by the batteries of the mines in the respective districts. Mr. Myers: It would mean that you would both pay something out of your gold duty. Mr. Cotter: Yes. We consider, looking at all interests, that that would be perfectly fair. Mr. Myers: What about Waikino? Mr. Cotter: Waikino would have to be considered as part of Waihi, of curse, because it is the product of the mines at Waihi. Pierce Grace examined. (No. 99.) 1. Mr. Cotter.] You are Chairman of the Ohinemuri County Council?— Yes. 2. And you have been so for how long? —About seventeen months. 3. Who was the previous Chairman?— Mr. William Niccol, who gave evidence before the Mines Committee. 4. And for how long prior to that were you a member of the Council?— Six years. 5. Will you tell us how many members comprise the Council? —Nine.

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6. What are tte ridings and who are the representatives—in order lo give the Commission information in regard to tte representation of the farming and milling interests?- Paeroa Biding, which includes Netherton, Paeroa, and Komata, has three members—namely, Samuel Loughlin, farmer. Netherton; Joseph Nathan, stationer. Paeroa; and George Crosby, boardinghouse-keeper, Paeroa. Waitoa Riding is represented by Frederick Strange, fanner. Karangahake Biding including Waikino. is re],resented by three members—M ichael Marri.nan, secretary Miners' Union at Karangahake: Charles l.lovd, battery hand and treasurer of the Miners' Union; and Charles Franklin, farmer. Waitekauri Biding is represented by two members—Herbert Corbett, timber contractor, and myself. 1 am engaged in mining. 7. That means there are only three on the Council representing tanning interests, there are two commercial men, and four miners?- Yes. 8. You produce the Waihi Borough accounts as supplied by Mr. Morpeth?- Yes. [bxhibit X,, 88.1 In his evidence he gave the amount of gold duty up to the -list March, 1910, but there was son,.- question as to whether some amount of gold duty had been actually paid but not handed in to the borough. This is what Mr. Morpeth gives me. showing £3,400. I asked also if Mr. Morpeth could give me any resolution oi, the books of the Waihi Borough showing the attitude the Waihi Borough were taking up m regard lo the gold duly, and I now put this ill. [Exhibit No ST ] These are ihe accunls of the Ohinemuri County Council [Exhibit Xo. 88]. 1 have only been able lo go hack five years. We are no, a very wealthy body, and are nol able lo publish these things, but I happen to have the aocounts for the years 1908 and 1909 as published in the newspapers. I have her,- for the information of the Commission a manuscript copy of the accounts up lo ihe .ilsl March. 1910. It is not yet audited, and I cannot therefore hand it in. «) Will en just stale what the rale is upon the county? Yes. These are the rates struck in the Ohinemuri County for tte periods as under: 1907, |d. in the pound on the oapital value. £858; 1908, -hi. in the pound ~,, the capital value, £1,037; 1909, |d. in ,l„- pound on tl,.- capital value £1,727: and 1910, yd. in the pound on the capital value, £1,871. 10. Mr. Mitchelson.] Ar.- there any special rales for hospital and charitable aid.' No special rates. We |>ay the hospital and charitable-aid contributions out of the county funds. 11 The Chairman.] Whal is ihe reason of the large increase in 1909?— Revaluation. 12 Mr Cotter.] Are there any special rates? Yes. There is a special rate il, the Waitoa Special-rating District for tte construction of the Maugaiti Bridge and part of the road. We can rate up to Id. in the pound, but we find that -,vl. is sufficient to pay interest and sinking fund. 'Ihere is another special rate of fgd. out of a possible penny for Paeroa Domain improvements and the grounds surrounding il. That is on a portion of the Paeroa Ruling. 13. You seem to collect just the amount for interest and sinking fund?— Yes. 14 What amount of money do you contribute each year to the hospital and charitable-aid district?— Our contribution to the Thames District Hospital Board is £-",81. and to Ihe Coromandel ana Thames I),strict Charitable Aid Board £418, making a total of £799. In the year 11.08 these two items amounted to £539, and ill 1909 to £687. 15. Soil is increasing very rapidly ?—Yes. 16 Mr Flatman.] Why has the increase been made in regard to charitable aid I Has there been a greater demand?—No, 1 think it is caused by the increase in the valuations. The Hospital and Charitable Aid Board strikes a rale, and lhat rate is recoverable on the capital value of our "'""lV. Mr. Colter.] Reference was made to the question of Waikino coining into the Waihi Borough?— Yes. _ , , 18. You produce a copy of ihe only letter you received iron, the Waihi Borough and your reply thereto?— Yes. [Exhibit No. 89.] I'l You also produce a copy of the let.or which was soul lo ihe Hon. the Minister ot Mine* in regard to the vote for £1,000, and his reply thereto? -Yes. [Exhibit X„ 00 20 What is the position of your county with regard to its rateable area?— Taking the \\ alhou as the centre line of the county from Hikutaia to Te Aroha, that portion of the county to the westward of the river contains about 165,000 acres, out of winch amount 20.000 acres is rateable. There is no prospect „f the remainder becoming rateable for many years. Or. .he eastward side is all in tile mining district except a little laud a,,,,,,,,! Paeroa. The rateable area is extmnely small Taking the eastward side as containing I 10, acres, U would give a total area of 305,000 aires for the county, as per Official Yearbook, on, of which 35,000 acres only is ... grass and rateable Therefore, barely one-ninth of the county is rateable. 21 Will you stale why the County Council or Biver Board has not done anything with regard to these rivers?- I think you, Mr! Cotter, explain,-,! th: mat.,-,- very fully, and I can indorse Wh^° U Win d V ou jus, give us ,1,,- names of the mini,,, townships in your county? We have Karangahake Mackaytown, Waikino, and Wain-kauri. I hay,- not included Komata. _ Zl 77,, Chairman.] Why no, >. -We really should have done so: that would make five mining "' VW '-M r V Cotter | Will c„ explain the position as regards keeping the roads to and from them?— Each involves a very considerable amount of expense to keep g0,,,g. 25. But Mackavtown and Karangahake an- ,-l„se together, and the same road goes on to Waikino,-That is so far as the main roads arc concerned, but I mean the access roads to residents in and around the townships, and the footpaths. ,••_-'- « „ m „„j f„ f 26 The Chairman.] And is it not tte case wherever there 18 a likely piece of ground for mining and it is taken up, cur Council is either call ipon to make altogether or to assist very materfallv in the making of an access road to that place' As a rule that is so. I he moment a S!S"property is taken up, if they get anything at all they at one apply te the county to make a track in. so thai they can take in tools, and coal, and so forth.

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27. Mr. Cotter] But aid to prospecting is not so much for companies as for individuals?More often this expenditure is asked where a c pany has started work and it requires 28. So far as the county is concerned, from its revenue, excluding gold duty and Government Kpossttlt P"P ' r ° ad8 ' &nd traokB> and " ,l ""' W ° rkB "y g in the cv,,;,'- tlt3d 29 Even with the gold duty coming fro,,, the mines within the county, could tte county without the assistance ol Ihe Government overtake the work >. We know that w.- ~,,,1,1 „„, ' 30. Originally tins was all one county called the Thames County > Yes fl- Ihen the Ohinemuri County parted company with the Thames, and now Waihi has parted '• pany Iron, the Ohinemuri County?— Yes. pane 32. I should like you .„ state what it is that you, as representing the county, are "rSties. ■ Ja| - anxious "' - 8 "tiling done to get over 'he present 33. The Chairman] May we not take it ttat you entirely support what Mr. Cotter said in Ins opening address/—1 fully indorse what he said. ~- ?« ''/'i r "' t "!'\ ' Wi "" you '" Bft y something in regard to tte Xgararahi out?—The only thing that has called by attention to this cut is this: that tte scheme is probably going to tea very expensive one, involving a very great amount of .- .ensation. That is the only thin- thai has ben worrying me. I am not an engineer, and I do no, know what elf,,-, i, is going to have -~,. Ihe Chairman.] rherefore you look at it askance.' V,, 36. Well, would y„„ rail,,-,- have a continuing risk ~f Hoods „r heavy compensation ' What is the imit-line, in your estimation to .1,,- a,,,,,,,,,, of expenditure on works to prevent Hooding' ' hat is a question the Council has never entered into: we have not had an opportunity of discussing ihe probable cost of these schemes. • 37. Mr. Cotter I So far your Council. ~s a council, has no. had an opportunity of considering this Xgararahi cut/ Xo. J h 38. Mr. MeVeagh.] You have given us the rating for the year I!).. 7: have you ,he records of ihe rating prior to thai year.' 1 think In 1906 we collected £499 39 I believe you had a revaluation in the year 1909: when was there a revaluation prior to that/—1 think, three years prior to that, in 1906. 40. Th, Chairman.] Four hundred and ninety-nine pounds seems a ridiculously small amount Eor a county ~, collect in one year: it would est almost that t„ collect i. : what do you pay your 'I ■"/ ;r) K ;. ?S ' En « lneer '*<• £300 a car. and tte Clerk £250, and the .Assistant f. U.i k tl. 00. 41. Mr. MeVeagh.] Can you tell us what the rate was prior t„ 11)07.' -It was ftd. in the pound 12. For howlongpnor to 1907 was that the rate? 1 cannot say. t-'i. You have no town districts or cad districts in your county? Xo. 4-1. Therefore you can rale up to lid.? — Yes. 45. And Ihere is no separate rate except these two special rates y aye referred to? There is a I aeroa water-supply rale: I did not include that before. 16. Have these rates been well collected.' Xo. I cannot say they have ''• Can - v "" - ivr ""■' information as to ihe percentage of rates not' recovered during th,,,--years?—l cannot very well. I though,, if that information were wanted, you would have called ,l,e Clerk in Paeroa. 18. I see the published balance-sheet for the year ending ihe 31st March. 1909 slates that the zzzZuZ': cr, Ui ZZ 8 rr L z\ ss - lld -- : "" 1 for " i "•"■"■■ i;,07 - s - " 770 «- 1 »«-. and rates had not been collected ?—Y\ hen I took charge I made an alteration. Out of £1 800 due l-,s, year we collected something over £1,500. 111. How many years can you go back lo collect .' Two cars. oil. So all these uncollect;,! rates are v I,collectable .' Yes: that is our difficulty. In a mininodislriel. though people appear on the rolls, when we cine to send out n0,,',-,, we liml that they -ire either a duplication or that ihe nam,, have been struck off. 51. But under your chairmanship you found i. possible to effect a change, so i, is possible to get the money in by a little effort ?—fes. •">2. So you estimate £300 cannot be collected? Some of ii. possible more 53. Mr. Mitchelson.] Is that £.-100 , -,i,„, of the back rates?' I think 50,,,,- of it was outstanding. 54. Mr. MeVeagh.] hooking at these ace, ts I find you make donations .'—Yes. 55. hooking at the last published balance-sheet I find donations to tte Paeroa Public I ibrarv £10: Waikino Public Libary, £10: Waikino Domain Hoard. £55; Paeroa Domain Hoard £50Karangahake School of Mines. £75: is that correct.' V.,. 56. And there an- some similar sums in previous balance-sheets? Yes. •"■ I notice also a tag on your accounts for two cars in succession objecting to cert-,in payments • for £4't Js. 3d. for entertaining Ministers ? Ses. 58. Can you supply to the Commission a statement of the -ranis made by the Government Iron, the year 1900 to date.' I suppose we can get it from the 1 ks. ol). Th, Chairman.] What right have cv to pay the expenses of Councillors coming to meetings?— That is. travelling t,, meetings. 60. Mr. MeVeagh.] Was the grant for the willows followed up?—No further than that when the Minister o| Mm., was through tte district about two months ago I approached him again 61. How long is it since your Council has recognized that these willows were a nuisance'— We have recognized it for some time.

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62. Why did you not press for assistance from the Government for tte removal of these willows'—We have done so. We have- seat deputations to Wellington and pressed for it. 63. How often was that done .'—Once to my knowledge. Mr. Niccol, the late Chairman, went down about three years ago. 64. You heard Mr. Cotter's remarks in regard to the proposed system of representation on tne proposed River Board, by which it was indicated that your county desired io have a predominating vote: is that correct? rhat is right. . 65. If there are nine members, do you wish thai live of these should be the nominees ot the Ohinemuri County Council?— Four of them by the Ohinemuri County Council, and one elected by the special river district. _ . 66 Do you mean that there should be a ballot by the ratepayers m the proposed river district for tin, purpose of electing member?—lf it is found to be necessary :we are prepared to support that. Th, Chan-man: Is it an\ use going Oil with this hypothetical scheme Mr MeVeagh :Mv position is this: I do not know whether you are going to hear addresses Or not, but J should like to draw the attention of the Commission to the very unfair system ..I representation outlined by Mr. Cotter. The Chairman: Surely Parliament is tte final oourt in this matter. Mr MeVeagh: Parliament would, no doubt, to a very large extent be guided by the recommendations of this Commission, and I do not wan. it to be said that any scheme of representation that was submitted was allow, ,1 to pass without comment. 1 think it is only proper that we should be in a position to traverse ~, so that i no could hereafter say that we by our silence acquiesce,, in that portion of the scheme. Perhaps, having drawn attention to it, that is sufficient. The Chairman : I think so. 67 Mr MeVeagh (to witness).| I warn you i,, supply information as i,, tl„- amount ot aid to prospectors given ii, the last year out of ordinary revenue, or for new roads to mines out ot ordinary revenue?-l cannot go any further than give you aid to prospecting out of ordinary revenue. Jambs Stewart examined. (No. 100.) 1. Mr. Moresby.] You are a civil engineer ? —Yes. 2 And have numerous qualifications? —That is so—M.I.C.X., &c. 3. I think you made a report on this river question in the year I DO, I-1 did. [Exhibit ' 4 Do you wish to modify that in any particular: I think you recently visited the river again? b. And had an opportunity of going over the whole ground again?- A good deal. 6 I think this report was made aft,-,- the 1907 fiood?—Yesj I examined the place in April or the end of March. I examined the river again rather less than a mouth ago. ...... 7 In what way would you like lo modify this report te I assumed then there was likely to have been a rise in the bed of the Waihou River at that time from the amount that had gone ... and the evidence of Captain Sullivan. I assumed that possibly it might hac risen th- 5 in. or 6in tha Captain Sullivan hinted at. X„w I an, satisfied that that ,s not likely to be the case. Ido no think there has been very much rise, if any at all. m the lower Waihou abou, le Puke. Another ciroumrtance modifying'my opinion is the proposed action „f the gold-extraction company and their intention to practically clear out the Ohinemuri Hive,. If that could be done quickly it would make a very vast difference, in my opinion, as to the effec ol the silting-up 8. I think the conditions of crushing have also altered a good deuH-T hat has luv opinion as to the amount of sitting-material going into the river. Ihe amount of tailings oing with the large annua! increase, has proved much larger than I anticipated but tinfineness of he grinding has satisfied me that a large proportion in act, the whole „. tte slimes ttTare grmmd so that they will been,,- of .he consistent of French Calk, or will pass through -If tte river is cl of wi ~ Tha, is the nrst thU Zo in which you wash to modify the re tin any way?- I can ~,,,, ~ -a anything just now excepting that the las, H I has been SO verj much stronger than ; ~, -• that there is more area of ground over which .he ladings ami 5i,,,,., spread. "' 'n T,:,,. l,ave been two cute mentioned one a, Pereniki's Bend, and one a, Ngararahi. V "" ?have «. -er tte site, but I k I mds and the river between. . . .. 13 You have heard the evidence given in regard lo that CUI te I<s. U Do you approve of that cut being made? —I do not. 5 r\v! at reasons ! Because th,- whole affair can 1„- done at much less expense and trouble , n ,[ ,he expense Of that cut is likely „, be an unknown quantity. The country could be protected (1 ° "n 1/r Mitchelson.] Do you mean stop-banks in particular places or all , dong the river?Whe.eve, required to bring the stop-banks at least 3 ft. above possible floods. I would not put the st n n K aSESr b H t tr;;::;;, thr;ic, p 3tu.p,, *»,_, .*. ««* any of them hardly would require to be more than 50 ft. or a chain back from the river.

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19. That would mean the bends too?— Yes. 20. Mr. Moresby.] You are taking into account that the .willows will be cleared out and the river deepem-d.' I would cut the willows down first thing, but would not trouble to take the stumps out. If the shoots grow from them it will be an easy thing to go along with a knife and cut, them down entirely. There is no necessity to root the willows out. It is lln- trunks that fall into the river and take loot again that do the mischief. 21. Is that all you have to say in reference to tha, Xgararahi cut?—J think so, excepting in the manner of doing it. I would never think of cutting down to the level of the river and waiting for the river to scour it out. 22. How should that cut be mad.:/ Principally by floating dredges from the lower end cutting away right up to the proper amount of flotation. 23. Would you tii st cut down to the water's edge? Yes: lhat could be easily and cheaply done there. 21. Are you in favour of the Pereniki cut?—Xo. As I said before, one can hardly foresee the effect ~f these cuts, but the principal effect is tte rearranging of the river to its own gradient which must take place after you cut off a large length and put ttat fall in a very short length. 2.",. I think you have had some experience of a similar cv, i I have seen in the Old Country several instances of (hat taking place, and one especially on the River Earn, where a mile was out off by making a cut, if 1 remember rightly, of not more than 180 ft. This was done to save two bridges on the Caledonian Railway. The gradient of the river was so increased at that time that a great deal of damage occurred on the very spot, but it worked away backward for miles, increas ing the How. Al one place it was so severe that il cut through a bend and left the landing of a ferry-boat on an island. I have seen other places affected on a smaller scale. 26. You do not approve of this cut?—l do not. I think the who],- thine ,- a n be done without these risks and at less money. 27. That is, by stop-banks and removing the willows?— Cut the willows first and erect the stop banks afterwards. A large amount of dredging would be necessary if if was not for this extraction company promising to pick up 500 tons daily, as I hope they will. They will very soon cmc to the end of that if there are 500 tons going in per day. 28. Mr. Myers.] I think that the fact that you have ascertained thai these tailings are ground so fine also affects another part of your report: I refer lo the question of returning the tailings into the stopes? I never thought of returning anything but sand. 2'J. You never ll,ought, even in your report, of returning anything but sand?— Nothing but that. .'lO. Seeing the fineness to which these tailings are ground, would you think any portion should be returned to the stopes?—Oh, yes! the sands could all he returned. •31. But there are practically no sands? —They are. no doubt, a v<-ry small item. 32. Not worth bothering about?— That I do not know. 33. Did you hear Mr. Fraser or any of the other witnesses giving evidence will, regard to the question of removing these slimes to the Rotokohu Swamp?- Yes: and I went very carefully through their calculations at the request of Mr. Rhodes—three sets of them. •'l4. Can you say whether, in your opinion, they are fair?— Very fair, excepting in on.- thing which 1 think might be reduced, and that is the cost the Government charge for trucking on the Government lines—namely, Is. 9d. I think the Government might very well consent to ,1,, thai at very much less -that is. the fixed charge up to twelve miles. 35. You suggest the Government might possibly be somewhat benevolent?—l fancy if they could get over this trouble they would look at it in this light. 36. Have you considered the question of putting these slimes on the swamp?—l do not like a scheme that involves a vast amount of trouble and a good deal of risk. 37. Mr. Mueller.] You know that a great deal ~f damage has been done by the spread of these slimes over the grass and vegetation?— Yes. •' :> >B. The only way. (hen, to stop that damage being done is to confine .he water to the river.' I would put up the stop-banks necessary to keep it from going over, with proper flood-gates, and where flood gates were not sufficient 1 would run the stop-banks up the affluents. 39. You think, if the river is cleared of its present accumulations, the willows trimmed, ami a little dredging done and stop-banks erected, that will be sufficient to keep the waters from overflowing.' lam quite sure of thai. 40. This extraction company says that it can tak, these tailings on. at the rate of .",00 tons per day .' -So I have heard. 41. It is calculated that at that rate it will take about thirteen or fourteen years to treat the accumulation that is there at the present time?—l think the. an- going to take their time about it. 42. Btit until these accumulations were treated there would 1,,- a liability to flooding?—l do not think there would be any liability to flooding if the stop-banks are properly designed and properly put up. 43. Mr. Mitchelson.] Even with that large accumulation of stuff there is now?—-Witt the river as it is. The water that comes with these Hoods has very little current. It is no great factor in running off the water: it is where the current ! is in the river ami between the present banks principally. The water that gets away back with the sluice at Cock's has very little motion. 44. Although you remember it was stated that the water was running over the bank at. Netherton for a long time?— Thai is a different place. There is no accumulation in the Waihou except on the very edge of the river, where there is no current. 45. Have you considered the length or the cost of the stop-banks that would be required even while the present accumulations were allowed to remain? —T have not gone into anything relating to the cost at all.

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46. Can you give us any idea as to the length of the stup-hanks te-Xo ; that is a matter of examination of the ground. Mr Cotter: 1 omitted previously to baud in this return. It is a summary from the Government blue-books of statistical tables relating to local-governing bodies. [Exhibit Xo 92.| The Chairman: Have you certain information that Mr. Bray was lo have sent forward. Mr. Cotter: No, but we have wired for it. Closing AnnitEssKs Br Counsel. The Chanmau: Before you begin. Mr. Hanna, there is one question 1 should like lo put to you: Assuming ttat we cannot accept Mr. lvingswell's scheme, is your company prepared to accelerate its rate of working by more than 500 tons per day I Mr Banna: Acceleration in any shape or form means a tremendous capital expenditure, am. Mr Kingswell's scheme involves borrowing £35,000 from .1,.- Government by means of loans to mining companies. There is express provision in .he Mining Ac. for loans of this kind to be made, but unfortunate!* it is limited to £10,000. Probably .ha. would be advanced at the ran- of l* per c,-,,.., and would be repayable in a certain period by certain fixed amounts. I„ his. ew- .the idea was to double the capacity „f the mill-that is, instead ,„ treating 000 tons a day to trea 1,000 tons per day. That is one of the essential parts „f the scheme put m writing. Chat is reall* what the money is required for. The 'Chairman: You can double the Capacity ot the mill tor id.,,000 . Mr Hanna: Yes. . . The Chairman: So thai if £35,000 were found for you. subject to repayment in this way, you would takeout 1,000 tons a day? Mr Banna: That is what 1 understand. Mr Cotter: It says '■ repayable out of profits " : that struck me as peculiar. The Chairman : I presume, if they cannot make any profits they cannot repay. Mr. Banna: The stuff is there, and the assays are there. Mr Cotter: Why not fix a sum of £7,000 a year? _ Mr. Banna: If there are no profits, of curs:- we cannot pay ll back Ihe loan Will be a Us. ,|,ace on the profits and on the whole assets of the ,• pany. Ihere will be twenty or twenty two tubXills Of the most efficient kind to be obtained. All the companies are going ,„ for tub:- mills now and these assets will always lie valuable. 'ThcZairmun: I su, se you are not prepared to set aside the whole ol your profits lor the ~*„■„,.,..,. "..., i»- "•■"".-«",»-■••;,"•"""'",'" ■.-',"."";;'"' ■:,;■;,„<,,■;,,,', „,„-,, dodges on the river and have them constantly and ■ objection to ttat Mr. Hingsweii says n« i Council •it is only that discharged into say that any treated matter will not be paid to, by the C...„.,t i| gly * tllo hopp er S or receptacles tha will be paid to, COU - th , ~,„!, i, u , ( „,s rf tailings „r sands and river debris generally c ming 1- n river * _~,,, Hk( . I:,;,:,,!; ~. sc > * * too glad to meet you.

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Mr MeVeagh: What I wish briefly to deal with is the suggestion put forward by Mr. Cotter on behalf of the Ohineinuri County Council with regard to the constitution of the River Board and with regard to the powers to be vested in it. I might point out I am in this difficulty, and Ido 8 order tNI " the members of the Commission may appreciate the impossibility of' giving the matter very careful consideration : this scheme has just come before me for consideration It was mentioned in a general way by Mr. Cotter last night privately, but the details of the scheme were not mentioned. Ihev have only been placed before the Commission to-day, so that I find myself in ihe position „t not having been able to consult my clients. Now, I shall have something to say presently about that, but at the very outset I wish to refer first of all to the claims of the farmers 1 think on the very first day I pointed out that if the Commission was going to.consider the claims ~l the farmers, and it the Commission proposed to make any recommendation with regard to the losses they have sustained, that ought to be based on conditions as they existed in the year 1895 and not upon any enhanced values which these lands have acquired since 1896. Claims are put forward by farmers ii. respect of calves killed, and those calves were not in existence in 1895 nor was the grass sown; so it is important, I would suggest to the Commission, that that consideration should be attended to. In regard to tte last statement put in by Mr. Cotter, 1 have had no time to consider it, but the observation 1 have been enabled to make in the short time at mv disposal is this : that many of these places have been able to raise large sums of money. I find, for instance ttat Devonport has a debt liability of £75,000; here is another, Newmarket, £25,000; here is another, New Plymouth, .£113,000: and so on with a great many of them. That enforces the position that I wanted to make clear to you when I was opening the ease for the Waihi Borough ( ouncil—l mean the difficulty that such a local body would have in raising money for the purpose ol carrying on public works that are actually necessary. I allude particularly to the necessity for introducing a diainage system, and I urge it as a very i, rtant matter that requires attention in the Borough of Waihi. Ihere are other places I can call to mind with a smaller population that have their drainage systems. Devonport, I should say, has a population that does not exceed Wail,,, and ~ has a drainage system. The Borough of Onehunga, which I should say has a smaller population—a population of three or four thousand—is now inaugurating a system of drainageand the expenditure in connection with that is estimated to amount to £40,000 I mention this with a view to showing that it is considered a very important matter that drainage should be undertaken, especially in this climate. Mr. Mitchelson: Oiieliimga waited sixty years for theirs. Mr MeVeagh: Onehunga has only a population of four thousand at the outside I proceed now to deal particularly with the scheme outlined by Mr. Cotter; and the first very strong objection 1 ''a'sc to it is tl,,- unfairness of the system ~f representation which Mr. Cotter outlined The reason Mr Cotter gave and he was uttering, I take it. the views of the Ohinemuri County Council -for the Ohinemuri County Council having a predominating interest depended upon this: that unless- they were given control of the voting-power it might possibly be thai the representatives of the other interests would combine, and emasculate any scheme the Ohinemuri County Council brought forward. Well, that argument cuts both ways. I can say just as fairly that' unless a predominating vote is given to the representatives of the other bodies, the Ohinemuri County (ouncil might combine to emasculate any scheme they might bring forward Therefore Ido say that the Commission ought to endeavour as nearly as possible to give reasonable and just votingpower to all the interests that may be concerned and represented upon the River Board that Mr Cotter has outlined—assuming, of course, that the Commission is prepared to recommend the appointment oi a River Board. I consider that is a matter of great importance. It is one of the first essentials of such a scheme as that. It would be very unfair that an interest should be conferred on one section of the community which would completely overshadow the others and paralyze their efforts, however well-intentioned and however well-conceived they might lie I certainly urge that as far as possible equality of representation should be secured With regard to the system of taxation which was outlined, I understood Mr. Cotter to advocate that three-sixths o. the annual requirements, which included interest and sinking fund and annual est, should be imputed t„ gold duty, thai one-sixth should te- imputed to the Government, that one-sixth should be imputed to the mm,,, ami on,- sixth to the Ohinemuri County Council. Mr Cotter: Xo: the River Hoard. The Ohinemuri County Council do n,,i come into it at all except that they pay a small portion of the gold duty. Mr. MeVeagh .- It would be a very small portion of the gold duty too. The river is a matter of great importance to the Ohinemuri County Council, and I should consider they ought to pay more than that. But what I chiefly wish to refer to is this: that it appears to me thai the amount proposed to be paid by the mining companies was not adequate having regard to the amount proposed t„ be paid by the other interests. I should say that if the gold duty should bear threesixths, the mining companies should bear two-sixths at least: but the alternative I would suggest is this: impute, if you please, two-sixths to gold duty, and let the mining interests pay two-sixths, and the remaining two-sixths can be distributed between the river district and the Government. The Chairman: Poor Government. Mr. MeVeagh : But the Government are somewhat to blame, because they created this troubleand this should not be lost sight of. I say the Government are getting out of it well for two-sixths for they have created this state of things. The Chairman: Who has benefited by it? Mr. MeVeagh : The Government created it and brought it into existence. The Chan-man : You would not have got your gold duty but for that. Mr. MeVeagh : \ am not sure about that. ' The possibility is that if this state of things had not been created the experts of the mining companies might have discovered some other scheme of

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dealing with the matter. However, their machinery has been put in in the way it has been; the* have adapted their machinery to the existing state of things. They were led to do so by the Government These arc the chief heads I wish to deal with arising out of tte suggestions that have been made to,lav. Ot, behalf of the Waihi Borough Council 1 should be prepared lo assent to Mr. Cotter's scheme with the modifications that I have suggested a scheme which, 1 believe, so tar as he can foresee at present, involves an annual outlay of £6,000. Mr Mitchelson: Does Waihi approve of the two cuts I Mr MeVeagh: 1 understand that was no part of Mr. Cotter's scheme. As I pointed out some time previously, the Waihi Borough Council would not consider schemes at all. Schemes have been brought forward by the parties vitally interested in the matter, chiefly by ihe mining companies. Schemes certainly 'have been submitted by the Ohinemuri County Council: and if that scheme is an effective scheme—and we certainly have some expert testimony on the subject—the V\ aihi Borough Council is prepared to fall in with it on those lines. There was just one other consideration proposed that I might draw your attention 10, and that is with reference to the suggestion that .he mines do nol appear to be fairly rated in the scheme outlined by Mr. (tetter I understand lhat the output from the mines into the river at the present time is about 100,000 tons pel-year. \ rate of Id. on the ton would produce, 1 should say. without having calculated it, £2,000; it would perhaps be a great deal more. And I would draw attention to the gmallness ot the rate and lo the greatness -of the advantage which the mining companies would secure by having that river kept open for the discharge of their tailings. Mr Myers ■ Now that these local bodies have shown the position they take up, 1 find myself in a position to answer them. First of all, with regard to the Thames, the position that these local bodies take up is that they only want this Proclamation revoked as a last resort, and they say that they pin their faith to Mr. Stone's scheme. 1 am nol going to discuss that scheme, because we were told during the progress of the inquiry that we need not bother any further about it ( onseouentlv so fa,- as the Thames local bodies arc concerned, the Proclamation presumably must remain/ The Ohinemuri County Council takes up the same attitude, and, so far as I can gather from Mr McVeagh's attitude during the course of the inquiry, the Waihi Borough Council takes up the same position, and I apprehend thai th, farmers take up exactly Ihe same position. I have always assumed that Ihev want the position remedied, but lhat they do not want it done at_ the expense of the mines: that if there is any other fairly effective remedy short „l closing this river as a slu,tec-channel, they do not want the Proclamation revoked. We may lake it, then, that no one wants" the Proclamation revoked except as a last resort. Mr. Cotter when he was opening his case said that pieviouslv to the Proclamation the companies were working only high-grade ore. That is exactly what we say, and we say that il was only the Proclamation of these rivers as a sludge-channel that enabled the gold-mining companies to work their mines to anything like advantage. And who has had the advantage 1 Xot only the gold-mining companies, but the Waihi Borough, which has been kept in luxury year after year and year in and year out by the duty which the gold-mining companies have lieen paying. I want to say just one word before I leave this subject of the revocation of ihe Proclamation. Whatever may be the legal position—and upon th-i, Mr Cotter and I apparently differ—there is the equitable position to be looked at; and 1 say, whether'vou look at the legal position or at the equitable position, if these nvers were dosed as a sludge-channel, then the companies ought to be put in the same position as they are in at the presen time-1 mean, so far as the question of working-cost is concerned In other words, the amount 0 f compensation lhat Ihev ought to get from somewhere-presumably from the General Government- and the gold duty would lie very materially less-that sum would run into a figure which I venture to say would stagger the Government and Mr. MeVeagh. The Chairman: And the gold duty. Mr Muers Yes Now, a number of schemes have been suggested. There is this question of the deposition of the material in the Rotokohu Swamp by the various mines. We have contended, and I submit we have proved it by our evidence, that they are really not possible. There is the quest,,,, of rextreme cost : then there is the doubtful effectiveness of these schemes, except the removal by railway trucks; then there is the possibility ~,,,1 probability of breakdowns; and even with ~ t transport by railway we say that the expense and difficulties are such as ho make the ■Ik , Utterly mpracticable; and for the reasons give,', in evidence we say the same m regard to ,o c ed sehe ~,- of depositing this material on the Waihi Beach Mr. Pond s scheme of this or , no -is ,bvio,.slv attended with such enormous expense that nobody could hope to undertake TIZZLI the Government itself, and, apart from that, it is really too nebulous for even the LerSnfto think of undertaking without much mom detail. It all *££*%% w say of improvim- the river, and we say. and T venture to put it, that all the witnesses agreeo teat the impXmeids in the river will settle with reasonable effectiveness the existing difficulties. The Chairman: It will not settle the slimes : they go out. Mr ¥WNo it will not settle the slimes, of curse, but it will settle the difficulty which i. is suited arises the slim,,. Then comes .ho question of the allocation o the cost, assuming hal'Tho cscmt.ined by myself when opening, and by Mr. Cotter in g-g^J™*^^ !x::r.;ndhv : t^^ , mad; b- ea 1, one was that the other Council had been conducting its business extravagantl . ::;r Hk;:r.;;;,:";.;::^rx:;^ suggest that the go /„,,,,. ,„ fni Commission is this : that the mining companies are

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w Inch the Government has proclaimed, and 1 do submit that the gold duty ought to pay for keeping open the avenues b- which these slimes are to escape. The mining companies consider, and I submit, that no imposition ought to be put upon them at all, and that the gold duty ought to pay ihe lot. But if it IS intended that anything should te- paid by the mining companies at all, 1 venture to put it that Mr Cotter s suggested proportion should be the maximum. It is quite clear that the residents of the district should pay something, because, quite apart from this question of s lines, it 18 obvious that sooner or later river-improvements will be necessary in order to protect their own lands; so they should pay something. It is equally clear that the Government should pay something,, 1 submit, because, quite apart from the Government having been saved or not having disbursed, compensation-nwmeys to the farmers in 1895, its railway will be protected from Hoods by these river-improvements. In addition to that, a very large area of Crown lands in the neighbourhood ot this river will be protected from Hoods and made more valuable; and I understand thai the Government also has a large tract of land upon the Hauraki Plains which I am informed will be largely benefited by any scheme of river-improvement. And, more than that the Government will obtain a settlement of what has been to them, as it has been to all concerned a very y.-xatious and worrying question. So my point is this: While I say that the gold duty should pay the lot, if anything is to be paid by the milling companies at all it should not be m<ore than Mr. Cotter s suggestion, because the Government and the settlers should pay something substantial, for the reasons I have urged. There is one other point that has not been touched upon: There should be some statutory provision whereby the river authority shall be able not 'only to recover judgment against tte Xatives, but to collect the fruits of the judgment, and that, I submit, without tte necessity of any recourse to the Native Minister, as is the case at the present time. The question ol representation only concerns us in the event of the Commission recommending some arrangement such as Mr. Cotter has suggested. If the gold duty is to pay the lot, as I submit it should, then we are not interested. If, however, we are to make any paymeiit at all, then I suggest that the question of representation needs some further consideration than that which Mr. Cotter has given to it, and that, while it is quite likely the Council or the inhabitants of the district should have more representatives than each of the other contributing bodies or persons, still no one body should have an absolutely controlling voice. Now, the only other question I think I want to deal with is the question which Mr. Cotter raised, and which I understand the Commission desires me to answer, and that is the question of the maximum coarseness of the slimes which are to go into the river. The present position is that all the companies, with tte exception of the Crown Mining Company, are using tube mills. Mr. Moresby: The Talisman is not yet. Mr. Myers: In regard to the Talisman, we know the mills are erected and to all intents and purposes they will be ready to go on in the curse of the next six weeks —probably by the time this Commission has made its report. We ask that there should lie no fixed arbitrary regulation on this question of fineness, because we say that the companies may be depended upon to do their best with their tube mills to crush as finely as they possibly can. But if there is to be any regulation at all. then we suggest, having regard to the fact that the companies may be relied upon to do their best, aud that they have been doing their best, that so long as not more than 10 per cent, is put into the river which will not pass a commercial 100-mesh screen, that will amply meet the case. The Chairman: " Commercial "is a fresh phrase : what is meant by it? .1//-. Myers: It is difficult to speak of a standard-mesh screen: that is what I mean. Ido not know whether there is an absolutely standard screen. The Chairman: There is as regards cement—tte screen is defined as being a screen formed of wire of a certain diameter and having so many meshes to the square inch. I presume there is something similar in mining matters. Of course, you could have a 100-mesh screen woven solid, with no opening at all. Mr. Myers: Of course, I do not mean that. The Chairman: I take it the diameter of the wire is equal to the diameter of the hole: that is the whole thing, is it not 1 Mr. Grace: No, not at present. You might buy two commercial 100-mesh screens, and one will not agree with the other. They are introducing small standard screens, but they have not got down to the finer screens yet. I have not been able to get a standard 100-mesh screen. Mr. Myers.- We have put in a number of samples, and you will see from them the kind of screens that have been and are being used at the present time. That is what I refer to as a commercial 100-mesh screen. The Chairman : Possibly Mr. Grace might send us a statement showing in regard to a 100-mesh screen what the diameter of the wire and the diameter of the holes is. Mr. Grace: I can give it for my own and the Waihi Company. I will try and get the Talisman and Crown as well. Mr. Myers.- | just want to guard myself by saying that so far as the Crown Company is concerned 1 am not authorized to make any such suggestion as I have just now made: but on behalf of the other companies my suggestion is that there should be no arbitrary regulation, but, if there is, then that it should be upon the line which I have just indicated. Our submission is that that 10 per cent, which would not pass a 100-mesh screen would do no harm. There is still the question of debris apart from tailings, but we can offer no solution of the difficulties so far as that is concerned. However. I think we have put it in evidence that it is not an element that need be feared, because there is only a certain amount of stuff from the two mines at Karangahake which cannot be put anywhere else, and there is not likely to be any substantial quantity of mining debris other than tailings from the mines. As Mr. Cotter reminds me, where we are able to do it that will be put back into the stopes.

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Mr Mitt-Ur.r: 1 wish first to mention a matter that cropped up in Mr. Cotter's opening remarks. He stated thai the mining representatives looked to both the mining and agricultural interests, and the farming representatives Mr Cotter: I did not go into the internal working of the Oliinemuri County Council. A man ig eleoted to a local body, and he is practically put on his honour to do his best for all interests. It is certainly not right to criticize or allow criticism of individuals. I did ask a question as to what the proportion of representation was, because one wanted to have an idea as to how far the farmers were running the whole show for their benefit or the miners were running the whole show tor their benefit. Ido not think it is wise to go further than that. Mr Miidler: What I wish to state is this: that the farmers whom I represent, all of tnem, 1 may say have on many ocoasions expressed the opinion that they do not wish to unduly hamper any industry If a solution of the difficulty can be found which will nol unduly hamper the mining industry, they will be one of the most pleaeed in the district. They want no scheme which will unduly harass the-mining industry if a better scheme can be suggested. The Chairman: 1 understand you do not desire the Proclamation to be revoked except as a last extremity. . . , Mr Mueller ■ No, 1 cannot say that, because in the opinion of the association, or a very large number of the members of the association, they cannot see how a complete remedy is going to be found BO Long as these slimes are allowed to go into the river. 1 wisl, to refer now to a legal pom that cropped up in the opening remarks of Mr. McVeagh and Mr. Banna. They both stated that when this Proclamation was issued in 1895 no compensation had accrued to lands which had been alienated subsequent to the 21st October, 1875, and they quoted a section of the Act in support 0 that contention; I wish to show that their contention is not correct, and I think that you will agree with me when 1 have quoted the section 1 refer to. The Proclamation was made under the Act of 1891, and section 152 is the section which was quoted by Mr. Cotter this morning Thai gives power to make and withdraw the Proclamation. Section 53 S the section which relates to compensation, and there are numerous subsections stating how the claims are to be made and how the compensation is to be assessed, &c. Then section 154 goes on to suw that - the provisn.ns ~t the last preceding section shall have no effect in respeoj of any persons purchasing, leasing, occupyc, or otherwise acquiring Crown lands within a mining district after the 23rd December, LBB7 . Vha all who have acquired Crown lands prior to December, 1887, wen- entitled to compensation. it i section goes further. 1. says, - Crown lands within a mining district." Now the mining i ,i t was constituted in 1889, but that mining district did not include the lands o, Paeroa or to the north of Paeroa. The boundary then went across the dwide about Mackaytown right awaj down towards the Ihames. The Hauraki Mining District of that time did not include any o he „ ~,ls A further Proclamation was issued in August, 1905, altering the boundaries of the Sfirirf and that included the whole of the lands to the east of the Waihou River right down to J, ' h There!™ at the date of the Proclamation in March 1895 the whole o the uids o the west of the Waihou River were outside the mining district, and the whote of the and the east of the Waihou River north of Mackaytown, excepting the high lands. So that the coutentiW my two friends is not. quite correct : what they w,re referring to was a urther sect on o the Ad which states that land alienated subsequent to 1875 should have no right to the flmv of later The actual now of water could be stopped without compensation but if the owners of land 1 tr> ye Uml right in this river-bed, and that is the very position which was foreseen bj he sitinl six-Wt » n by the farmers in the district when these applications were before the S , : Jevera/occasions. 1 would just like to refer to a report of proceedings ,n •one on with the applications of this extraction company which appeared in the paper, dated T vZulvv l<lo as follows: "There was a large number of objections to the applications. A U C. Hia/d ob llted 1 the representative of a public meeting held in P-roat, colder these i- i- iirinnirat the erounds of the obiection were .... tnat wie gi<mt vi piillliliill the T 'm7. ZaZZ: ThTffnot correct. These licenses were issued long Wore that.

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Mr. Mueller: So they were, before 1906; and what work has been done on the claims? The company has not complied with the labour conditions yet. In four years' time it has done no work at- all, and it is now coming and asking for consideration. I say it is not entitled to half the consideration that the farming interest is entitled to. The extraction company has not come before this Commission with a clean sheet. Mr. Banna: There is no evidence of that. Why did you not examine on these points? Mr. Mueller: You stated the licenses were issued in 1906. Mr. Banna: We had protection from the Court all the time. We applied for protection, and got it. Mr. Mueller: As regards the general question of this inquiry, as in opening 1 slated, our case was simply a matter of proving clauses (I) and (2) of this commission ; and I think it must be taken as conclusively proved that we have done that with the assistance of the witnesses produced by the Ohinemuri County. Mr. MeVeagh stated that the damage should be measured as at the value in 1895. I suggest that is entirely wrong. 'Ihe scope of the commission expressly states " whether any and what lands are injuriously affected by the operation of the Proclamation." It is not how they were affected in 1895, but the present position, and what is the remedy for the present position, and not the position in 1895. As regards the question of damage, it is practically admitted by all parties that damage has been done and that damage will continue unless there is some remedy; but I would urge especially in that connection the question of these slimes spreading over the ground. We are not complaining so much of the tailings that remain in the river—only we say they contribute to the flooding of the land: but we complain about the tailings and slimes coining over our land, and unless something is done to prevent these slimes coming over the land the damage will still continue. Ami the finer the grinding the more serious the damage will be, because the further the silt will travel and the easier il will travel over the land. As regards the question of the actual revocation of the Proclamation, there has been suggested a modification of the Proclamation, and it has been suggested that it should be modified as regards the upper Waihou River for the purpose of stopping future operations from using that river. If it should be modified as regards the upper Waihou River to that extent, why should it not be modified as regards the upper Ohineinuri River to the same extern.' You are not injuring the present companies, but you are making provision that any future operations will have to provide for the altered circumstances. I think anything should be done which can in any way lessen the evil for the future. I also wish to mention this point in respect to the- Komata Creek. There is no doubt that the intention of the Proclamation was lhat the Komata Creek should remain clear of sludge altogether. There were two creeks exempted—Tarariki and Komata—and through a mistake it is questionable whether the Komata Creek is a sludge-channel or not: but now is the time for that to be considered, and be a suggestion from such a Commission as this. Th, Chairman : You do not suggest we should shut up the Komata Mine, do you, by asking the Government to declare that the creek was not intended to be a sludge-channel 1 Mr. Mueller: There should either lie that or there should be full compensation in respect to thai creek at the present time. Mr. Myers: From whom? Mr. Mueller: From the Government certainly :it is the Government's mistake. As regards the scheme suggested by Mr. Cotter 1 just wish to make one or two remarks. If it should be thought til to have any such scheme, then I would suggest 'hat the river district, whatever it may lie, should be cut up into ridings, so that the representation would be of the portions of the district, and that the representation should have the proportion as mentioned by Mr. Cotter, so that the part where the money is to be spent and where the damage has been done should have the balance of power. I also think the Hoard should have, as Mr. Myers mentioned, full legal authority lo collect rales. so that all lands should pay rates. As regards the proportion of rating, I simply wish to ask whyshould the injured—the farmers—pay exactly in the same proportion as the injurers—the mining companies? The suggestion is one-sixth each. What would the raising of £1,000 mean to the farmers? Mr. Myers: You are forgetting the gold duty. Mr. Mueller: But even £1,000 would mean a 100-per-oent. increase on the gold duty. There is a matter which the mining companies have forgotten, and that is the benefit which was conferred by the Government upon the mining companies by buying out the cyanide rights. Mr. Myers: The mining companies paid for it. Mr. Mueller: They paid that money back certainly, but it was a cash payment of £15,000 made by the Government on behalf of the mining industry, and if the Government had not paid that sum, in all probability the mining companies would have had to pay considerably more to the patentees. I wish, in conclusion, simply to express to the Commission the thanks of my association for the very patient hearing given to the members of ihe association, and also to the other parties. Mr. Cotter: I should just like to ask whether it is worth while also for the Commission to consider the advisability of recommending ttat a bonus should be offered for the bringing of silt or slime to a commercial value. The Chairman : We will now consider the Commission closed, and all I have to do is to thank counsel and witnesses for the assistance they have given us.

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APPENDIX.

SOME OF THE PRINCIPAL EXHIBITS.

[NOTE— Some of tte exhibits were samples of tailings, Ac; and some documentary exhibits are embodied in the evidence.] EXHIBIT 6. [KTTER PROM STATE MINING ENGINEER, WESTERN AUSTRALIA, AS TO DISPOSAL OK TAILINGS IN THAT STATE. S I B Mines Department, Office of the State Mining Engineer, Perth, 29th June, 1909. In reply to your letter of the 13th ultimo, to the Hon. the Minister for Mines, 1 have the honour to inform cv that, owing to the arid climatic conditions generally prevalent in the goldfields of this State', the disposal of tailings by running them into river-channels has almost always been impossible, and the use of natural watercourses as sludge-channels has therefore not required to be considered. It is usual throughout this State to stack tailings m heaps and paddocks near the mills, and in the case of the large mines huge mounds of tailings have been so formed. At several ot the large mines of Kalgoorlie, various systems of mechanically elevating the tailings have been em nloved; but, notwithstanding that the surface of these heaps becomes greatly crusted over with salts fen, ihe water with which they were moistened, they often become exceedingly troublesome in windy weather, clouds of fine sand flying from them, to the great detriment of passers-by and of any machinery exposed to it. The information given to you that the tailings were stacked in the vicinity of buildings " without any drawback arising from dust or otherwise was not by any means entirely correct. Owing partly to the nuisance caused by tte ta,lings-heaps and partly to'want of space on the leases for increasing the heaps, most of the large Kalgoorlie mines are now sluicing away their residues, in as thick a sludge as possible, through pipes to an area of ground reserved for the purpose about a.niile from the mines. Here they are being accumulated in huge dams on low-lying ground. The cost of removal by sluicing is about the same as in the best methods of mechanical handling. The dried tailings in the big heaps, after exposure for a long time to the weather, so that all cyanides in them have been oxidized, are greatly used in this State for tilling stopes underground and are very excellent filling-material; but care has lo be taken while putting them in the stopes to have good ventilation, in ease there are still poisonous fumes of hydrocyanic acid given off by them. There is hardly ever any trouble in this respect if the tailings have been stacked in the weather for a few months. One very great difference between the case of the mines in Western Australia and yours m Ohinemuri is Thai here there is almost always plenty of flat, low-lying land near the nulls on which tailings may be stored, unlike the position at Waikino and Karangahake, where there is little or no space available for the purpose. Mills at Waihi itself might perhaps adopt the stack ing method with some advantage, making use of the flat ground there. I have, &c, A. Montgomery, E. W. Porritt, Esq., Paeroa, Ohinemuri County. N.Z. State Mining Engineer.

EXHIBIT-13. HEPORT OP HENRY U. METCALFE, C.E., AS TO SILTING-UP OF OHINEMURI AND WAIHOU RIVERS. 8lK _ Auckland, 3rd May, 1910. On your instructions I have examined the Ohinemuri and Waihou Rivers with a view to remedying, if possible, the damage from the deposit of tailings caused by using these livers as a sludge-channel. The waterway of the river, contracted by this deposit, is insufficient to carry off a heavy rainfall, which since the bush has been extensively cleared runs off quicker than formerly; ihe swampdrains in the low ground contribute to the quick discharge of rain-water : and the combined result is heavy floods. wTiich deposit tailings on the adjacent country t,, the complete ruin of the land for agricultural purposes. The damage, though more obvious to the casual observer on the Ohinemuri. where the coarse tailings are deposited close to the river-bank, is perhaps greatest on the Waihou, where the flat ground allows the liner tailings to spread a long way back from the river. It is easier to recognize the damage than to devise a remedy: If the mines cased discharging tailings into tte river to-morrow, the accumulation already gathered would continue to block the channel, and every flood would still deposit silt on the land for years to come. The first need seems to be to lessen the extent and frequency of the floods as much as possible.

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On taking soundings down the Waihou from the Junction to some distance below Hikutaia, and dredging samples from the bottom al intervals, especially on the shallow bars, I found the bottom to consist of clean Waihou River sand without tailings throughout, except at the Junction, while Mr. H. Charlton, who accompanied me. and has known the river for thirty years, considered the depth of water on every bar to be quite as much as formerly. The sides, however, are much silted up : the willows and vegetation have caught the tailings, and made probably 30 ft. of ground on each side —a serious diminution of the waterway. In the Ohineinuri the silting is much greater: sides and bottom have been silted up, while at the Junction a bad block has taken place. Willows in the Waihou, gathering tailings and mud, have formed an island : a groin from this has not in,],roved matters, and a bank of tailings has formed just below it. impeding the outfall of the Ohineinuri. and causing the Waihou to overflowon to Netherton, above the Junction. The relief of this point should be the first work undertaken. A flood-channel, say, 200 ft. vide, should be cut down to ordinary water-level from the bend about a mile above the Junction to the bend below Thorp's Bend, some 1,(1 chains, as shown on [dan: and the groin should be removed, when the river itself would scour out a channel to the west side of the Waihou. This Hood-water channel would shorten the curse three miles: the first flood would probably scur it out to give a navigable channel as good as the present one. and the whole of the water could lie turned down it at very small cost. The next point is to relieve the Ohineinuri itself below Paeroa, which could be effected by cutting a channel from Pereniki's Hend to near the Junction, a distance of about 25 chains. This would shorten the distance by river from Paeroa to the Junction by three miles, and so increase ihe velocity as to lower the flood-level at the bridge. When these cut-offs have scoured down to the full depth, the present channel of the Ohinemuri will lie a backwater, as will also that of the Waihou between the proposed cut-off and the Junction, while the new junction will be below Thorp's Bend. A result, will be that some part of the tailings now blocking the Ohinemuri will be carried below the present junction and settle there, so that until the Waihou cut-off is made it would not Ik- safe to cut the Ohinemuri. It will then remain to widen the river where necessary —a work of time and expense. When examining the deposits of tailings 1 did not find anywheie in the river distinct evidence of slimes; the deposits lower down seemed to be the finer particles from the stamp batteries, and I incline to think that the material passed through the tube mills will not deposit in the river ; on the land, however, it was to Ix- found in the form of a white coating on all vegetation. This coating does not seem to wash off with rain, but a tuft of dry grass gives off a small cloud of dust when plucked. If 10 Ib. or 20 11,. of damp grass were collected, the deposit washed off, dried, and weighed accurately, the amount of dust which must he consumed by cattle would be found, I think, considerable. But I do not think that this fine stuff will affect the waterway to any appreciable extent, and if this is so the operations of the Gold-extraction Company al Paeroa may perhaps be beneficial in clearing the present deposit of tailings, while as the tendency seems to be to finer grinding in the mills, future deposits will probably travel further down the river, and must be dealt with as I hey occur. A silt-laden river will inevitably leave deposit in the submerged mouths of drains and ditches which fall into it; there is no remedy for this but cleaning out the silt as occasion requires. On parts of the river stop-banks may prove useful : but the river should lx l examined in heavy flood before such work is decided on. Stop-banks would generally need to be at least 10 chains back from the river, with tide-flaps on all drains crossing them. Ample room must be left for the river to spread, and the ground between the bank and the rivei would be useless for agriculture on the sludge-channel. The willows on the banks should be destroyed by dee], ringing. ~r boring with kerosene, and where the channel is much contracted ihe stumps must be grubbed out. This will take time and money, and will need a punt with a steam-winch. If any permanent improvement is hoped for, the river from the boundary of the Thames Harbour Board upwards should be controlled by a Board appointed for that sole purpose, and all works should lie carried out by this Hoard under skilled direction. The controlling body must, of course, have a revenue: how it is to be raised is not my business, but the gold duty is one obvious source. The amount required will vary from year to year, and at the outset a large sum is certainly needed, while various works will suggest themselves from time to time. The effect ~f all works must be watched as they progress: the regulation of the river and the establishment of a regimen cannot Ix? done all at once. The country, always subject to floods, is now more so than ever: and as clearing and draining extend, the floods will increase in severity Exceptional floods will lay the country under water whatever is done, but if ordinary floods are prevented from carrying silt over the land, probably little harm will result. As it is at present, only the screen of swamp vegetation about Netherton prevents the silt being carried down the Awaiti Creek to the Piako and over the newlydrained lands. As to the suggestions that the tailings should be flumed and deposited on the flats, though not impossible, I do not consider this practicable; to keep even fine grindings in suspension would need, judging from the appearance of the stream, nearly its whole summer flow, and if the slimes were stacked and dried, I question whether the remedy would not lie worse than the complaint, as the wind would carry the dust all over the country. If the river will carry the tailings to sea, it is best it should do so, though it involves compensating or buying out owners of land which may lie affected in the process.

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I do not think anything short of what I have proposed will be effective ill lessening the floods, and the consequent spreading of the line slimes ovei tte whole plain. Half-measures are useless, and mere waste of money. i.i._«Above Paeroa little can be done; the cheapest way would be to buy out or compensate those damaged by the deposit a matter for valuation. Only, if the cut-off owers the flood-level at Paeroa sufficiently, a stop-bank might prevent tte overflow across the railway below tte two-mile post occurring again. This, however, will raise the flood-level at the township, and must not be doiie till the channel is improved lielow . I estimate .he cost of the Bood-ohannel on the Wai1,,,,, at £6,000, and the cut-off on the Ohinemuri at £1 500; clearing obstructions, willows, .v.-.. £500—an initial expenditure of £8,000. |„ addition, two bridges will probably be asked tor, and land would have to be acquired Afterwards the annual expenditure of ihe Uiver Board in maintaining, widening, and clearing the river may lie put down at £4.0(10. Recapitulation. The Ohinemuri is choked with silt on bottom and sides. The Waihou is not appreciably shoaled on the shallows except at the .1 unction, but its width is much contracted by silt lodging in the willows. , ~ . , Slimes have not lodged in the river to any great extent so far, but are spread over the land in fl Is. and spoil all vegetation. . The contraction of the waterway by sill, added to the quicker run-off ot rainfall which now obtains, leads lo more flooding than formerly, and with worse effects, because silt is now spread by every flood. , , . ' The only way to relieve the flooding is to steepen the grades ol the rivers by shortening thencourses This may be effected by a cuf-off 60 chains long on ihe Waihou, which will leave the present channel from'the Junction to below Thorp's Bend for the Ohineinuri The Ohinemuri is to be shortened by a cut 25 chains long at Pereniki s Bend, which will so steepen the grade as to lower the flood-level at Paeroa materially. -Ml willows to be , lest roved as soon as possible, and where necessary grubbed. The control of the river should be vested in a specially constituted Board, which, out of a revenue to be provided, would execute these works, with such others as may seen necessary to improve the navigation to maintain a free and sufficient channel for flood-water, protect the adjacent land from deposit as far as possible, clear the drain-outfalls of river-silt, and which would generally regulate the river from ihe Thames Harbour to Waihi. and also to, say, Waiorongomai if thought advisable Yours, &c, Hf.nut H. Metcalfe, Mem.lnst.C.E. The Chairman, Ohinemuri River-silting Association.

EXHIBIT 19. FLOOD IN THE OHINEMURI RIVER, JUNE, 1908. [Extract from the New Zealand Herald, Friday, 24th June, 1898.] FOB some considerable time past there has Iwen a great demand for water in the Ohineinuri district, the drought having diminished to a minimum the waters of the Ohinemuri and Waitawheta Rivers. Mining has consequently been retarded, and rain was undoubtedly very badly needed. Fine weather, however, continued until yesterday, when a heavy downpour took place. As night advanced it seemed as if the forces were gathering strength, and by midnight a fearful gale, accompanied by a perfect deluge, was raging. This continued until long after daylight this morning, and it was apparent to all that a serious flood was in prospect. Th.,.- expectations have been realized to the fullest extent, as at ihe |, resent lime the country for miles round is simply submerged, the water in many portions of the place hying fully lift, ami 7ft. deep. At 8 o'clock this morning, Belmont Koad, the main street of the town, was flooded by the heavy rain which had fallen during the night, and, though this completely paralyzed all business, it was feared that the water would be supplemented by a flow from the Ohineinuri River, which was rising very rapidly. A Rescue Bano. In the lower township matters were very bad. and what is known as Rye Lane, a branch street from the Station Road, was submerged, water standing to a depth of about -I ft. The occupiers ~f a large row of cottages were naturally greatly alarmed, and, as the waters seemed to be gaining in depth, furniture was piled up, and preparations made for a general exit. By this time, Mr. Woodbury (Stationmaster), Captain Sett (Salvation Army), Messrs. Towers, J. Edwards, and several others were looking round, and, seeing that the position of some of the inhabitants was rather critical, formed a rescue band, and, though wading waist-high in the water, they managed to clear all the houses of their tenants. Riders on horses, spring carts, and coaches were requisitioned, and very soon men, women, and children were rescued, thanks to the conveyances kindly lent by Messrs. Emmett, Dean, and Ilaiwood. Quite a number of families rescued were taken to the boardinghouse of Mrs. Dryland, who did all she could to make them comfortable. The same remark applies to Messrs. Delaney, Lawless, and Bastings, of the Paeroa, Royal Mail, and Criterion Hotels respectively. At the junction of Puke Road the water was also very high, and several families were compelled lo make a sudden e.xil.

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The River-bank submerged. In the afternoon matters took a very serious turn for the upper township populace as the river, which was then carrying a full complement of water, was backed up l,v 1, tide lid , consequence overflowed its banks in several places. The first point where the water broke away was near the fine premises oi Messrs. Porritt, C 00,,-, and Cochrane, and in a very short time he newly aid-ofl grounds ~, Messrs. Coote and Porritt were entirely under water-intact, Latere aken right across the Man. Koad. I'he river now rose cry rapidly, and the noise of the angry torrent could be heard a long distance off. Soon the ~1,1 wharf and the Railway Wharf were covered, and the river broke its banks at the Esplanade, and near Mr. Forrest's Mmber-vard, so that th,- tow,, was completely Hooded. Belmont Road, from the Royal Mail Hotel to the railway sta.ion. and thence OU to the Puke, was nothing but a vast sheet of water, its depth, as it rutted ■own ea.-h street, being from 12,,,. up to ah,,,,, 3ft. or 1 ft., that being ,1,,. depth of water nea he railway station. fences were washed away by the Hood, and nice gardens destroyed and ooking over Paeroa Iron, the firebell tower and Primrose 11,11. scenes o great deviation were lo be witnessed everywhere. The Te Aroha Koad was also v,si,„, by the ,1 1. and this even?™ matters assumed such a serious aspect ,1,.,. the families of Messrs. Saunders, Know!,,, and Bush had to be removed In means ol a and when ,1 is stated that when Mr. Saunders's wife and family were being rescued from .he house, the boat passed over the top rail of the fence, some idea may be gathered ol the depth of water in that neighbourhood. Stbbbts still uM,i.;n Water. Ai the i.„„- „f telegraphing the streets are ~11 under water, and. though the river has gone down somewhat, grave ears are entertained that if the ram does no, cease and the water in the " <■' "' materla "y '•'"'r" 1 4 the ~„„- ,l„- tide ,-„,„„ m again a. midnight, some serious calamities will ensue I he position of many whose homes have been invaded by the flood and whose places ar,- completely surrounded, is somewhat critical, but it is earnestly hoped that "when ; ,n " tIH ' r dB 7 da ™ B afiairs wiD a 55,,,,,- a brighter aspect. There is nothing 0 a ,-rious nature <" record in c0nn,,,,,,,, with the flood, but several slight accidents occurred. I. ,s of course c,y hard ,n smne places to find tl„- macadamized cad. and horses with riders on them have fallen into the culverts. Mr. Phillips was thrown on one occasion as he was going home, and, hough his horse rolled ~,, him m the water, he escaped uninjured. M Train struck m . Tree. As Paeroa is still under water, it is hard to estimate the damage caused but it will be somp thing considerable. The railway formation has been was awa* iter a.,,,,,, hallFa nnle illiknX and as a consequence the through train from .Auckland to Paeroa was unable to reach here this evening. Ihe tram had a wry narrow escape this morning when coming from Te Aroha It had just crossed the railw ay-bridge when a large tree, blown over by the wind, caught the guard's •an Had the tree fallen jus, a second or so earlier, as the engine cam,- up, there would have in all probability been a derailment and a serious accident. Traffic completely btoppbto. All il,,- out-districts have been completely cut off. and none of the coaches arrived, here to-day will, the exception of a buggy carrying mails from th. Than,,,. The conveyance was pluckilv driven .hrough by Mr. A. Orowther. who had several narrow escapes along tte road Mr F Dryland also essayed to drive Mr. Short's big each through to Ihe Thames this morning, and eventually reached Pur in. Be then saw that the bridges were simply floating, and in consequence ,l< ' ,l "','"' ,i back- "'■ informed me that Hikutaia was in a fearful state of flood, and the horses "ere almost swimming in front of Mr. Sett's farm. Mr. Serfs family were compelled to remove and with several other members of the Hikutaia CO, unity, sought refuge in Mr. Corbet,'s hotel' All the creeks alone t | H . ,-oad are Hooded. Serious Damage at the Crown- Minks. News reached here this evening that ihe most serious ,la.nag,- occasioned at K.-iraimahake had been caused to the New Zealand Crown Mines Company's works, and the report is that fully I ..iOO pounds worth of damage has resulted. The mine has lieen flooded by the Waitawheta River and the water-race seriously injured. Mr. Daw. the general manager, is, however, doing all he can (o repair the damage. b

EXHIBIT 31. CORRESPONDENCE RELATIVE TO PROPOSED FORMATION OF BOROUGH IX WAIHI. My Lord,- Paeroa, 17th December, 1901. Having read the notice respecting the proposed Borough of Waihi. and lhat all persons affected are called upon to lodge written objections thereto, I feel sure it affects me very much and there fore I. as one of the first settlers in Ohinemuri (since October, 1868), and one who has taken a great interest ,n the welfare of the whole district in general, must now beg to object to the above and seek protection for the Paeroa Riding, its population, its township, and suburban and farming lands, and for the following reasons : — w A i th w e "u ° f n ° tiC€ a PP earecl '" " U1 loc;i1 Paper thai the Government intended to make- the Y\ aihou and Ohinemuri Rivers, and their tributaries, i„to sludge-channels for mining :V) C. 14,

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debris. I and the people of this riding wee greatly affected by this notice. We did not sell our birthright; we did not seek compensation; and no one objected to it, as it was done for the welfare of the district in general, though to our detriment. Now, I feel sure, if we had been so selfish as to object to our river being polluted by this mining dibris, then mining would have been retarded in this district, and the gold-returns would not Ik- so great as they are. It it were not for the gold duty, ihere would Ik- no borough-seekers for Waihi, and we in Paeroa would be better off We should have a larger population in the township, our river deep and clear, our navigation not impeded, and our lands drainable. Hut what is the position? Our once beautiful liver is nothing but mud, disgusting to look at. Our river, which is our man, highway, ami which did not est the public one copper to form and maintain during all these years and which is as vet a great saving to the consumers of the whole district, even from Kopu to Te Aroha, and in which Waihi particularly benefits, is now being ruined as a highway, and will cost thousands of pounds annually to keep open. Our fish, such as eels, and whitebait, and trout, are dead; and the mullet which used to swarm the river in the months of November to April, are no more to be seen- our Natives and the farming population are in want of water to drink: and after every flood many acres of good land on the banks of the river are covered feet deep with silt, upon which no grass will grow. „..,.,, , j c ... + „ + Sir should we have made such a great sacrifice for a Waihi Borough, and for them to get ■ill the gold duty? What we have done is likely to drive us out of our homes. We were not selfish: we thought of the good that might be done to the whole county, and that this riding might get some benefit out of it. And now to show you how some of us are affected by the silting-up of the river: 1 have a block of land, 455 acres, about two miles from a butter-factory : but I dare not spend any money on it The land is of good quality, like many thousands of acres in our district, and the river, which was the main outlet-drain, has risen up about :5 ft. from the bottom, owing to the deposits of mining debris: and when the tide conies in it backs up the county dram to about bin. from the surface, and this is in an ordinary summer. In winter, of curse, and after every flood it gets worse. Mr. Perham saw this drain I refer to. If not seen to soon, and prevented from getting worse, this calamity will slowly but surely happen : that most or all of us will have to say good-bye to our homes which took us so many years to make. , . .. ~ Surely all Acts are framed for the welfare of all : one industry is not to live upon the ruin of another ' I seek only justice. If the Government wishes to grant a borough to Waihi, let them have all their own revenue; but the gold duty ought to go for the protection and clearing of the river Let the gold duty. which comes from the industry that is ruining the river, go towards clearing the river I trust the Cabinet, when they consider the matter, will put. themselves in our unfortunate position, and I feel sure that they will do what is just to all, and let the gold duty go towards the clearing of the river, as I feel sure something will have to be done soon ; and when the Waihi people see that they cannot get the gold duty, and that they will have to rate themselves to keep up a borough, the Government will not, I think, be troubled any more about it. I must therefore repeat mv objection to the granting of a borough at Waihi until the Government has decided upon some means for keeping the river open for navigation and drainage. The gold duty, I feel sure, ought to be spent in doing this. and. if not the whole, at any rate the greater P01 " Yteel sure this letter would be indorsed by the majority in the Thames and Te Aroha Boroughs and Thames and Ohinemuri Counties—in fact, lam certain it would find great sympathy throughout the colony. and, as Your Excellency and your Ministry arc the representatives of us all, I hope this letter will have your sympathy and attention. I have. &c., His Excellency the Governor of New Zealand. Asher Cassrels.

Sir _ Colonial Secretary's Office, Wellington, New Zealand, 24th December, 1901. I have the honour to acknowledge the receipt of your letter of the date quoted in the margin l"l7th instant], objectim- to theconstitution of the proposed Borough of Waihi. "in reply. I am directed by the Colonial Secretary to inform you that your objection has been noted for consideration. . T have - & c -' Asher Cassrels, Esq., Paeroa, Thames. Hugh Pollen. g _ Paeroa, 14th February, 1903. I understand that a deputation is to wait upon you from the Ohinemuri County Council and Waihi Borough Council with reference to the allocation of the gold duty and the Main Road. On behalf oMhe settlers and farmers on the banks of the Ohinemuri and Waihou Rivers, I beg to point out that all the duty should not go to Waihi Borough, but that at least two-thirds should lv allocated to the County Council to enable it to keep these rivers open for the draining of the land and for the navigation of the river. The water is rising to the edge of the land, owing to the dibris deposited by the mines at Waihi, and the position of the farmers will soon be that mentioned in the Psalms': "Oh ! help me, mv Lord, as the water is up to my soul." It will be up to the farmers' souls from the mouth of the River Thames to as far as the water is navigable up the Ohinemuri River. . For your information I enclose a copy of the letter I sent to the Under-Secretary, Colonial Secretary's Department, before the borough was granted, and I also spoke to the Minister of Mines about reserving the gold duty, or portion of it. for the purpose of keeping the river open. I have. fee. The Hon. the Premier, Auckland. Asher Cassrels.

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EXHIBIT 22. PETITION FROM NATIVES OF THE OHINEMURI DISTRICT, POINIING OUT DAMAGE DONE TO RIVERS BY TAILINGS. To the Honourable the Speaker and the Members of the House of Representatives for the Colony of New Zealand, in Parliament assembled. y The humble petition of the Ngatitamatera Tribe of aboriginal Natives, residing near Paeroa, Ohinemuri in the Provincial District of Auckland, in the Colony of New Zealand, sheweth - J. lhat your petitioners were the original owners of the lands within the County of Ohinemuri winch are now included in the proclaimed mining district. 2. Tha, by a deed made in February, 1875, between the Native own,-,, and the Crown your pet,[ion,,, ceded to the Governor the right to mine over all their lands in the County of Ohinemuri Situated to the eastward „l a line commencing at Okurere and running along the hills from there to the Komata Stream and thence to the eastward boundary of the Taiwhakarewakauri Block, i he,,,-,- to the Aorangl Block, thence along the hills to the northern boundary of Mackaytown thence crossing ,„. Ohinemuri River and following its course upwards to the south-east boundary- of the baratu Block thence turning ,n a south-westerly direction to Rotokohu, thence to Pukemokemoke t icnce along the north-oast boundary of the Pukemokemoke Block to its eastern angle, thence alone the easiern boundaries of the Pukemok,- ke, Waitoki, Te Maere, and Patuwhao Blocks to the nori hern boundary ot ie Aroha Block at Trig. Station No. 562. 3. Your petitioners retained for themselves all their lands to the westward of the abovedescribed me, and extending thence to the Waihou River. At the time the mining district was proclaimed, on the 3rd March, 1875, to be open to the public for mining purposes the division-lines between the mining district and the Maori land were defined on the ground by lines and actual survey. ■' 4 Your petitioners then occupied and still occupy nine settlements on the banks of the Ohinemuri River, and their cultivations are on the flat lands adjacent to the river-banks •">. When your petitioners ceded the land for mining purposes the Ohinemuri River contained pure clear water, and for the first few years it continued unpolluted, and was suitable for domestic and other purposes, and no injury was inflicted on your petitioners. 6. That, in consequence of the Proclamation in 1895 of the Ohinemuri and Waihou Rivers to be places of deposit for tailings, mining debris, and waste water from the mines, the river-water became contaminated and so polluted as to be unfit iter use by man or beast. 7. That your petitioners represented these injuries and nuisances to the Right Hon. R. J. Seddon, then Premier of the colony, who forthwith promised to grant us a water-supply, and a suui of £1,000 was voted by Parliament for the purpose, and £1,160 was actually expended in providing it to our settlements, thus admitting our riparian rights to the Ohinemuri River where it passes through our lands. 8. Your petitioners never received any notification of the intention to proclaim the Ohinemuri and Waihou Rivers to be places for the deposit of tailings, mining debris, and waste water from the mines, and it was only after the Ohinemuri River water became polluted that they discovered the action which had been taken by the Mines Department in the matter. Hence the late Premier admitted our right to be supplied with proper water at our settlements in lieu of that of the river, of which we had been deprived in consequence of its defilement. 9. Your petitioners would most humbly and respectfully beg to draw attention to the fact that at the present time about 40,000 tons of quartz is crushed every month at the various reduction-mills in the district, the tailings, sludge, sand, debris, and waste water therefrom being deposited in the Ohinemuri River. 10. Your petitioners complain that, in consequence of the deposit of such mining tailings, sludge, sand, debris, and waste water in the Ohinemuri River, it is diminished in depth and width, and is incapable of carrying the same volume of storm-water as it did in former times, resulting in our cultivation-grounds being easier flooded than formerly was the case, and places not previously submerged within the memory of our old people are now reached by the flood-waters. 11. That a very slight covering of water will destroy growing potatoes, and many of your petitioners have lost the whole of their crops by such floods. The sludge and sand deposited on our cultivations is also of an infertile and injurious nature, and damages grass paddocks. 12. Your petitioners would most respectfully beg to draw the attention of your honourable House to the fact that by the deed of cession for mining purposes the Crown acquired no rights whatsoever over our lands to the westward of the line hereinbefore described, and the Right Hon. R. J. Seddon admitted that the Crown or the Mines Department had no right to pollute the waters of the Ohinemuri River, which intersects our properties. By a parity of reasoning we consider that the Mines Department has no right to cause damage to our cultivations and lands by filling up one of the natural drainage-channels of the country. 13. Your petitioners would humbly submit that the Ohinemuri River was a good eel and whitebait fishing-place, and these fish were part of our sustenance and food-supply; but the deposit of cyanide sludge has killed all the fish in the river. This appears to us to be a breach of the Treaty of Waitangi, as our fisheries were by it specially reserved for our use and enjoyment. 14. Your petitioners greatly fear that, if the deposit of such mining tailings, sludge, sand, debris, and waste water is not stopped forthwith, the whole of our lands on both banks of the Ohinemuri River will within a very short period be rendered useless for the purposes of cultivation, which will become a matter of ruination and starvation for us. We have very little dry land of any kind left to us, as nearly all the hill country we owned was included in the area ceded for mining purposes.

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15. Your petitioners have every confidence that your honourable House will give this our humble petition your careful consideration. We have no desire to injure or hamper the mining industry, but the gravitj of the situation fills us with dismay, and we most humbly pray you to grant to us such a measure of relief as will conserve to us the lands of our ancestors, and prevent further injury being done to them: or to take such other action as to you in your wisdom shall seem fit. And your petitioners will ever pray.

EXHIBITS 23 AND 90. CORRESPONDENCE RELAIIVE TO £1,000 PLACED ON SUPPLEMENTARY ESTIMATES FOB DESTRUCTION OF WILLOWS. DBAB SIR, Ohinemuri River Hoard, Paeroa, 17th September, 1909. I am instructed to thank you for your letter of the 27th ultimo, enclosing portion of Mr Breakell's report upon the Ohinemuri aud Waihou Rivers, and to inform you that application has been made to the Minister of Mines to authorize the expenditure of the £1,000 which appeared on the last supplementary estimates in the destruction of willows on the Ohinemuri River. Yours, &c, R. W. Evans, County Clerk. W. Xiccol, Esq., Hon. Secretary, Ohinemuri River-silting Association.

Sm __ Ohinemuri River Board, Paeroa, 13th September, 1909. 1 have the honour, by instruction of the Board, to ask lhat the sum of £1,000 which appeared on the last supplementary estimates for "Ohinemuri River silting" may Ik- expended in clearing, as far as possible, the willows from the river and its banlvs. \s you sir are no doubt aware, Mr. Breakell, m his report upon th.- Ihames and Ohineinuri Rivers 'refers to the willows as a considerable factor in the formation of the silt-banks, and he considers their removal would materially assist in clearing the channel ~1 the river. Ihe Board would therefore respectfully urge the expenditure of the £1.0(10 referred to in this direction. I have, &C, R. W. Evans, The Hon. the Minister of Mines, Wellington. Clerk, Ohinemuri River Board.

SlR _ Office of the Minister of Mines, Wellington, 16th September, 1909. I have the honour to acknowledge the receipt of your letter of the 13th instant, asking that the sum of .£l,OOO appearing on last year's appropriations for Ohinemuri River silting be expended in clearing, as far as possible, the willows from the river and its banks In reply I may inform you that your Board's request will receive consideration when the question of revoting the unexpended votes and balances of votes is being dealt with in connection with the compilation of the public-works estimates. I have, &c H. Mckenzie, R. W. Evans, Clerk, Ohinemuri River Board, Paeroa. Minister of Mines.

EXHIBIT 24 MEMORANDUM FROM UNDER-SECRETARY, PUBLIC WORKS DEPARTMENT. 25th January, 1908. Re Silting of Ohinemuri and Waihou Rivers. The Right Hon. the Prime Minister, Wellington. In accordance with verbal directions received from you in Auckland I visited Paeroa on the sth DeceXr las , and heard the representations of the members of the Silting Association and also examTned the'bulk of the affected portion of the two rivers referred to both by waking atong their banks and also by going down the streams in a launch for miles. Jrtain members of the association accompanied me in these examinations, and I also had with me Mr. J A. Wilson, District Engineer of this Department in Auckland, who was familiar with the matter, having reoorted upon the question himself as recently as July last. P ThereTs no doubt whatever that silting to a considerable extent has taken place, and ha further silting will take place in the future if nothing is done to prevent it It is impossible that the result could be otherwise if, as stated by the association, nearly 2,000 tons of tailings is deposited in the ri ver every working-day. Doubtless a large portion of the material is carried down to the sea and deposited in the Firth of Thames but in my opinion the larger portion is denosited in the bed or on the banks of the two rivers affected. deP °The aldation o coniplains of damage under two heads-(1) Silting closing, of the river as a navigable channel for steamers and other coastal vessels, (2) injury to, and probable ultimate destruction of, valuable arable and pastoral lands.

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To the first of these complaints 1 am unable to attach as much weight as the majority of the local business people do. Paeroa has excellent railway communication with the Ports of Auckland, Onehunga, and Thames, and it seems to me to be scarcer* reasonable to look to the State (which owns the railways) to provide the means of improving and keeping open the river-channel to enable the river to compete with the railways for the carriage of goods and passengers. No doubt some shoaling has taken place, but fair-sized vessels still get up as far as Puke Wharf (about three miles from Paeroa); but dredging will probably be necessary in the future to maintain a channel if I he deposit of tailings is to continue. As to the injury to certain lands, this is undoubted, though the area affected is not very great at present. Ihe injured laud (some of which is totally destroyed as grazing-land by being covered by unfertile sand to a depth of, in sonic instances, .'! fl. or 4 ft.) lies principally within the outer banks of the river. The Ohinemuri, like many other rivers, has in some places two banks on each side, the upper bank at some distance further back from the river than the lower bank. The flats between the inner and outer banks are stated to have been rich river-terraces carrying excellent feed, and these have for the most part been destroyed. On Mr. Cock's property I saw about 14 or 15 acres of land entirely covered with silt, some of it stated to be Bft deep. He told me he had shifted his fence back twice to prevent it being buried, and some of the posts on the last previous line were still standing in their original position when I was there, and the lops were just visible above the silt. Not much of the land beyond the outer banks of the river is seriously affected at present, though I saw evidences that high floods do deposit a thin coating of silt even on the higher lands at times. I think all the lower terraces on the Ohineinuri not already destroyed are probably doomed to destruction if no remedial measures are devised, and that it is only a question of time when the higher-lying lands will be seriously affected too. The farming land around Paeroa is fairly extensive and of good quality, and in the interests ~f this land, and of the large area of low-lying Government land on the further side of the Waihou River which may ultimately suffer, 1 think some remedy for the existing state of things is called for. The only thoroughly effectual remedy is to prevent the further deposit of tailings in the river; but, if this proposition cannot be entertained on account of the injury that might thereby be inflicted on the milling industry, the next best remedy would probably be dredging. This, however, would entail continual expense, and ihere would probably be some little difficulty in finding a suitable place for depositing tl,'- dredgings. so as to insure Ihe material not being either washed or blown back into the river again. The cancellation of the Proclamation declaring the river a sludge-channel would not, of course, [,ut a stop to mining operations, though it would involve the mining companies in additional expense in disposing of their tailings, as they would either have to construct suitable flumes to carry the sludge away to some low-lying area near Paeroa. which they could acquire for the purlins,- of a tailings-site, or else transport the tailings in a solid form by railway to the waste of comparatively valueless land between Waihi and Katikati. I have heard of a scheme of utilizing the silt for making bricks, and also of a proposition to work it over again for the gold that it might yield, but 1 hardly think that either of these proposals would prevent the silting that is going on. The quantity of material to lie dealt with (2,000 tons a day) is too large for either proposition. If it is decided that the Ohinemuri must remain a sludge-channel, I would suggest the settingup of a River Board to deal with the silting difficulty, the Board ♦~ have power to rate the whole district from Waihi to the Puke. Probably the bulk of such rate would fall on the mining companies who are causing the difficulty and the Waihi Borough, which subsists on and profits by the mining: the balance would fall on the Township of Paeroa. which would benefit by the dredging, and on the settlers around, whose properties would be saved from damage and possible destruction. H. J. H. Blow, Under-Secretary, Public Works.

EXHIBIT 25. REPORT of MR. WILLIAM C. BREAKELL, C.E. Auckland. 23rd October, 1908. Re Obstructions. Thames and Ohinemuri Hirers. Memo, for Under-Secretary for Lands. Wellington. In compliance with your instructions in memo, dated the 10th September, No. 57129, and memo, dated the 12th September, as to requests made to the Hon. the Minister of Lands by the Hon. Mr. McGowan and Mr. Poland, M.P., I have the honour to inform you that I have visited and inspected the Thames River from its mouth to its junction with the Ohinemuri River, and the Ohineinuri River as far as the bridge at Paeroa. Although your above-mentioned memos, are for different information, I consider it better generally to deal with the various matters in one report. There are some points which I think should not be used as general information. Therefore, will you oblige by abstracting from this report such information as you may deem fit, and reply to the requests made by the Hon. Mr. McGowan and Mr. Poland. Willows. —As to the willows, they, with few exceptions, cause comparatively little obstruction below the Puke Landing, but above this point they are becoming a very serious question.

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They (the willows) are mostly weeping willows, and their tops and branches are taking root in the silt, which has formed considerable banks on each side of the river. 'Ihe banks have been caused by the silt being checked and detained by the said willows. In places where the floods have scoured the silt-banks, say, a foot deep, a perfect mass of fibrous willow-roots is visible, all from the tops and branches taking root. There is little doubt, to my mind, that if the willow, were properly dealt with the scour of the river would prevent the increase of the silt-banks, and very probably materially decrease them. As to dealing with the willows, the first action to be taken—and this should be undertaken without any delay is to lop off every willow-branch whose top has contact with (or is likely to have) ihe silt banks, care being taken that the said branches are after cnveved clear of the riverbanks, and no portion allowed to drift or sink in the river: also, all loose branches in the river should be immediately removed. After this is don,-, all willows in any way affecting or interfering with the scour of the river should be bodily removed, root and branch. This latter work can only be done with approved gear. Some action has been taken, I presume, by the County Council, as to the willow, by felling ami lopping, but no attempt seems to have been taken to uproot them. The effect of the willows, more especially the branches, holding the silt, is that it is now almost impracticable to lake a launch (even during the showery weather) drawing 2 ft. 6 in. as far as the Paeroa Bridge. I was informed that al [daces where there is now only 2 ft. of water ther:.- was previously from loft, to 20ft., and this I an, quite prepared to believe. Evidence is strong, else why was the wharf at Paeroa erected? And it is an accepted fact that steamers once navigated the river beyond Paeroa easier than they now do to Puke Landing. Of course, if there had been no failings, &c, deposited in the river, the willows would have caused comparatively little damage; but if there had lieen no willows the greater portion of the silt-banks would not have formed. Silt. —Very little silt (tailings) seems to have reached below Hikutaia, and I am of opinion that if the willows and other obstructions wen- removed a very large percentage of the silt would In- carried out to sea. Above Hikutaia. and especially above Puke, the river is practically choked and blocked, and its sectional area so reduced thai twenty-four hours' rain causes a Hood which overflows the banks of the river and more or less inundates the adjacent country, causing not only temporary hiss ~, the settlers and to the country generally, but in many cases causes permanent injury. To deal with the silt or the tailings now in the rivers, and lhat daily brought down the said rivers (or, rather, such as does no, wash out to sea), was al first a very difficult problem. The matter of removing the spoil was simple enough, but the question was where to deposit the spoil. It was financially impracticable to convey it to deep water, the distance being too great, and to deposit the spoil on the banks was impracticable, as the quantity daily delivered is so enormous that it would destroy so much of the ground now occupied by settlers, or shortly to be opened for settlement. There is one way of depositing the spoil (silt, ke.) without undue expense, without damage to the adjoining lands, and the material d, edged can lie profitably utilized: The proposed railway from Paeroa to Pokeno will require an enormous quantity of spoil for the embankments across the Hauraki Plains, and 1 apprehend that nothing like ihe quantity required will be obtainable from borrow-pits for the purpose of raising the embankments to the required heights; and if material has to be borrowed for the purpose of raising the embankments to the required heights the material proposed to lie dredged from the river call be as economically delivered as any other material obtainable. Further, there will be many miles of road to Ik- formed on the Hauraki Plains. It will be difficult and .wpeiisive to obtain suitable material for their proper formation, and the cost of hauling will be excessive. In my opinion, no better material is obtainable, and at less expense than the deposits in the Thames ami Ohinemuri Rivers. The procedure would Ik- to obtain sufficient land at a reasonable distance from the Thames River as a depot whereon to deposit the dredged material, which will be delivered there by suction dredge: then run a light line along the route proposed for railway or along on,- or more of the proposed roads, forming same as the rails are laid: then along this line or lines have depots for depositing the material required for other roads, to be delivered by tram or dray as circumstances require. 1 will not trouble you with too many details now, but the works would have to be continually progressive, and the piie of dredged material would practically have 1,, lie removed as deposited. ~This is a biu scheme, but if you kindly give it your consideration .cv will appreciate the fact that eventually, if carried out. it' will be an immense saving to the Dominion, and a very material benefit to the'district. Further, it will settle the question of perpetual flooding of large areas of land. Crown and otherwise. And, again, it makes possible the easy navigation of the Thames River, also the practicability of water-carriage to Paeroa. Uthoimh I believe that if the willows were removed, and the lied of the rivers relieved of snags and logs a large quantity of the silt would wash out to sea, yet I consider that, when so much material'will be eventually required for railway and roads across the Hauraki Plains, it is not economy to allow such desirable material to go to waste. Again, I think that, even if a large percentage were washed to sea, besides damage to the foreshore at the Thames, there would in time be so much remaining in the rivers that eventually their beds would lie so high that thenbanks would be too low t,, allow satisfactory drainage for the lands adjoining. 1 have little doubt that if the steamer traffic were suspended the accumulation of silt would materially increase, as the action of their propellers tends to a certain extent to keep a certain portion of the silt in solution. I may inform you that the silt sets quite hard when dry.

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SETS'* ~ f - L --™; '-r,::;-;, rssry&Rffs I hope this will afford you sufficient information Iter the purpose you rcuire I o „l I f fUrthor leDgth ' ' aPPrel " tat > ■***£ r,,,,n STporJalTttat if an silnk;::; sa^i?™"** notice e ,r, c *- ,ille, - s to ™- William C. Breakei,t,.

KXHIBIT 26. REPORT OF MR. JAMES STEWART, C.E., TO THE OHINEMURI COUNTY COUNCIL. [Report received by Council at meeting. 2nd May 1907 1 !Lrs:;;:;,,:::!! l , i ; , ::H;;::;:::^:; :, v,s!::,:;::;;''-,-'"' l ■ ; :'"' : ~' Bi *«"" ilTul'StS L't&T.TS ;!'"' "'te ;'""- """ "">'-*■«" «»»™i ifcSSi*."" B - H * -' - iJ-^gz^J^tesS Tim Shiftini* of tub Silt. The cross-sections of the rivers on record in your offic. siv he,....... i> . aa. t and six extending from the Junction to a short as they show the changes which take [dace in the river-beds but -, ,- ,f ~ • , '\ l,lS ™ lve - cmputteion,,,-,, , t„f deposi?. Ti„. h,, XZZZZZZZZ^TZ^^ZZI'tZ -,Ist May, 1901, just about sis yea,, ago, and we,-,- reobserved in 1902 1904 1906 -,„d l-.stlv ,! 7l:r<:i: ~ - Mn. Pbbham's Repoet. On the 2nd July 1901, a repor t, accompanied by two plans (copies of which are on record in your office), was submitted to tte Government by the late Mr. Ihomas Perham A M ZC E O of these plans is a somewhat elaborate magnetic survey of tte confluence of tte rivers and extendino to about ,00ft. downwards to the Hape Creek: but, from the same reasons o shifW deposite mentioned above, very little information as to quantities can be gathered from i, The other T'Z' "' PaH "'' f,U ' C " U,lt - v - gracing on a 4.-in.-to-the-mle scale the river torn Mackaytown to about seven miles Mow the Junction. 0„ this map Mr. Perham has ndiclted the then accumulations of tailings ~, the bends of the Ohinemuri, and slows a length of the Waihou of abou two miles below the Junction as requiring to be dredged. On the Ohinemuri he hat marked tte depths of water at nearly fifty places, the lowest depth being 3 ft. But these sounding™ as a record for future comparison, are again, from the continuous shifting of the shoals before Served to of very little value. They are further complicated by a serious ,-,,■„,■ in portion The sand island a M,-. Cock , property, referred to by Mr. Perham is placed on tte map just three-quaiters t/me SS ;:i" P^li rmT Notwithstanding, Mr. Perham had given the' investigation mucl, time and thought. T\ ith many of his conclusions I agree, but from others I differ O n these points I will endeavour to be more specific later on.

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The Difference in the River. Failing to procure from previous surveys any absolute information as to the extent to which the river has been raised by accumulations of battery tailings, I naturally had recourse to statements respecting the former state of the river b* those who have been resident in the district during the last thirty years, contrasting these with the evidence of its present condition. We have also the published categorical statements of ore treated at the reduction-works of Waihi and Karangahake. from which we know the total amount of tailing, discharged into the river during the last fifteen rs, the amount so discharged last year, and the yearly rate of increase during the period mentioned. It thus appears that thirty-one years ago the head of the navigation ol the Ohinemuri tor heavy freight was at Tararik, Creek, nearly opposite Mr. Cock's homestead, two miles below Mackaytown. Mr. Cock informs me that in 1876 OUtters drawing 7ft. bin. of water cuhl and did conn, up to that point, al which l„-av\ machinery and building material were landed. It requires no detail or elaborate survey or soundings to show the striking contrast the present state of the rive, presents to these former' possibilities. Al the time of my inspection there was about Ifl 0 f tl 1 ill the river, but between Mackavtown and far below Tarariki Creek it presented the appearanoe of a succession of shallows, with from 2 ft. to 3ft. of water, ihe whole stream being thick with flowing sand and slimes. The Amount of Silt nuPoaiTED. From the published mining statements we find that in the reduction-works of Waihi alone were treated during the last fifteen years 1,921,142 tons, discharging practically that quantity of tailings into the river. Of this amount nearly three-fourths, or 1,457,510 tons, were treated during the last six years. with an average yearly increase during that I line ol 36,000 tons. Making all allowances, tte present yearly discharge into the river at a.,,1 ab„c Karangahake cannot be taken at less than 330,000 tons.' The weight of tailings will run aboul 15 tons per cubic yard, which goes to show that 220,(100 cubic yards of solids is the present annual rate ~l discharge into the river with an average increase per annum of 21.000 cubic yards. Now what becomes of this enormous amount of sand and mud.' The velocity of current in the river between Waihi and Mackavtown precludes all but a trifling quantity, as ma- be seen m a few places on the banks and in eddies of the current from being deposited there. 1 raetically the whole amount is passed on beyond Mackaytown and deposited in the beds of the rivers m position and amount as determined by the currents and ebb and flow of the tide 1 hes,- accumulations and shoals becme alter,-,! in volume and location by every flood, as alluded to ~, dealing will, the cross-sections and soundings. No doubt some portion of the tine sands and muddy tailings are carried out to sea, but the great bulk seems to remain in the rivers, gradually raising ther be,ls and forming shoals and side banks. Somf. Intbbbstihg Figures. The Ohinemuri, from Mackavtown to Ihe Junction, may be estimated to have an area of riverBed of about 485,000 square yards. Ken, Mackavtown to the county-boundary the area may be taken a about 3,105,000 square cards. Below the county-boundary the estuary is 12i miles on" wi th an additional areaof about 9,680,000 square cards, or a total of, from Mackavtown. say 12786000 square yards. If the influ* of 222.00 i» cubic cards were deposited uniformly m he Ohinemuri only it would raise tte bed 9* in. If tte deposit extended l„ the county-boundary tte rieeTuniform, would be 2} in. And in like manner, if distributed over the whole area to Opau Point the annual rise would be little less than - f <h in. These tigun, apply to one years deposit with tte yearly increase of 24*000 cubic yards on that rat,-. But, taking the at the presen rate ~,.,„,; l|lt . Wal!li Mim .. we h nd ttat 1,457,510 tons, or 971,673 cubic zz::™JCiz;rizzizzu, • ,■,,., ~,„„,gh,, *•«*. the beds ~.•.,.,..«,,,«. 1^ as above to.the Junction 40 in. , to tte county-boundary 11 in., and to Opau Point 2|,n. And the lite 1 :;;;;;! „ „,«..,,,.-,-..,-. -i-*. -jSVS z"":z"'£:"; JSc -r-Ssa -«! ». «** «* - -*> to the estuary and even out to sea. How Navigation is affbotbu, \s the navigation of the Waihou has been an important facto,- of commerce since the opening of theOhinemur! Sdfields, I naturally sought information regarding any presumed change m the ot th. Uhlm '':' -. ".,.' who c 7 |i;i(1 gevente en cars' experience in the present line of „p,ri,,u.<-. Takiag Ml ...tone,,, ~,,-,»..., bed, ~...,..,.

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with the average yearly increase, it must be remembered, of 24,000 cubic yards. This enormous quantity, although extremely satisfactory from a mining point of view, cannot but be the cause of well-founded alarm on the part of the general public, who are dependent on the prosperity of agriculture and interested in the navigation of the Waihou. We have only to look to the experience of the past to judge of the future in this case, and as the landing for this district has had to recede to Te Puke it is only a matter of time when that in turn must be abandoned. Increase in the Deposits. Referring again to Mr. Perham's report: So far as matters of observation are concerned, his statements seem founded on a careful and correct view of the conditions at the time. But it must be kept in mind that that was six years ago. Ip to that time little over 300,000 cubic yards of tailings had been discharged from the Waihi works during a period of more than nine years, as contrasted with the 220,000 cubic yards of last year, and the annual increase of 24,000 cubic yards. Yet even six years ago Mr. Perham remarked. "Of curse the deposit is going steadily on, and if action is not taken to clear the lower Waihou of the obstructions rapidly forming navigation to the Paeroa Junction Wharf will be still more impeded, if not (except by light-draught flat-bottomed boats) have to cease entirely." This contingency is exactly what has happened. Mr. Perham's report also states that, while admitting the fine quart/, sand " has tended to raise and narrow the river-bed, it is not so serious as is generally re],resented by the farming interests." I admit that at the time in question the actual result to the farming interests may not have been serious—that is, compared with tte condition of things now. which it must be admitted is vrry serious. Mr. Perham found no deposits of quartz silt on grass farm 1 1 except in the low depressions on the river-banks, and there only from 10 ft to 20 ft. from the Water's edge. On Mr. Cock's property 1 saw a deposit of sand sufficient to all but completely <-,<w\- a wire fence, and extending 5 to 6 chains from the water's edge, while the meadow lands inland were showing signs of a thin layer of tailings more than 15 chains from the river. And this is not a solitary case: the same things were in evidence from Mackaytown downward on both sides of the river. Rut no purpose would lie served by an enumeration of them. Tin-; Damage to Netherton. In the district of Netherton I traced quartz tailings and slimes 10 to 20 chains from the river, and on every farm saw evidences of ruined crops, many fields remaining, as the waters had left them, covered with sand ; others, where the owners had ploughed it in. I thoroughly agree with Mr. Perham's conclusion that the farmers have reason ~, complain of the '-gradual but sure" raising of the river-bed, and so reducing the fall for their drainage, but I must take exception to the statement in his report to the effect that the artificial drainage of swampy low country tends to materially raise the beds of the rivers by the deposit of alluvial soil and vegetable debris. This cannot take place in any of the lands in question. It. has occurred in the purely pumiceous and sandy alluvial flats of the Waikato, but in every such case the land was for a great width swept bodily into the river. The ditches of Netherton do not. drain an alluvium of sand, but that of a rich heavy soil, and, as evidenced by the colour of the water, to some extent of deeper raupo swamps. In neither case can any debris he discharged enough to affect the river-bed. It is incidentally stated in Mr. Perham's report that the Ohineinuri discharges, at the confluence, more than double the quantity of water as compared with the Waihou. If this were the case the Ohinemuri would not be choked as we see it to be. But, although no actual measurements of current and volume are available, the Ohinemuri, from the respective drainage areas of the rivers, cannot discharge more than, if as much as, one-third of that flowing in the Waihou above the confluence. Mr. Reeo's Report. I have perused with some astonishment the report of Mr. F. Reed, Inspecting Engineer of Mines, of date 27th August last. It is therein stated that no further silting of the river between Paeroa and Netherton had apparently taken place sine the visit of Mr. Perham. Only one month after the above date the cross-sections were reobserved by the County Engineer, and the first one below the Paeroa Bridge then showed an extreme rise of lied of 20 ft. over that of the section taken twenty-one months previously, and a total accumulation —showing 5 ft. above low water at one place —of .'",G96 cubic yards per chain in length of bank. If Mr. Red's statement is correct that enormous accumulation must have been the work of one month. That this is unlikely is apparent on the face of it. It is much more probable that, as stated by the County Engineer, he confused the sections, or, as it appears likely, made no effort to examine the river very minutely, or with the time and care demanded by the importance of the case. Mr. Heed's statement that the only risk of serious damage to the lands below Mackaytown " would be the event of a tremendous flood, descending in the form of a wall of water above the main banks of the rivers." is too grotesque for serious comment. And his contention that otherwise a gradual rising of the river would prevent, the tailings being left on the land has unfortunately, to the great loss of the farmers, been disproved. Mr. Stewart's Conclusions. The conclusions which are evident to me from my study of the whole case may be summed up as under: — (a.) Prior to about ten years ago comparatively little harm or damage to the rivers or to the farming interests has taken place; but shortly after that period it became evident to those more immediately interested that the evil results of the river being a sludge-channel was a growing and

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serious menace to the district. In consequence, early in 1901 the attention of the Government was called to the matter. . •_._*._* 16 ) The report of Mr. Perham, deputed to examine the case, confirmed in many important respects the allegations of damage to the rivers and lands. But it is very evident that had he ever thought it likely that an increase of the deposits from the mines to an extent of nearly threefold would take place during the next six years, with a monthly increment of increase of 2,000 cubic yards, he would have supported them on all points. (c ) The beds of the rivers from Mackaytown downwards show a serious rise on the whole, but not uniformly, a-id the shoals formed are shifting downwards with every flood, and gradually damaging the main river. . (cl ) That the rise of the bed in the Ohinemuri was the cause of the unprecedented level of the flood in January last, resulting in much damage to the adjacent lands by the deposit of sand and le ) That the outlet-drains get choked by sand, and, although they are afterwards more or less scoured out by their own impounded water, obstruction to the drainage of the lands must If ) That the successive deposits on the broad meadow lands of even thin layers of fine quartz sand (which has about the same fertility as that of broken glass) will, if continued, effect their destruction as giazing-lands, and convert them into wastes of blowing sand. What is the Rbmbot. It must be seen that the above conclusions, at which I have arrived after a very careful view of the whole case, present a serious indictment against the discharge into the Ohinemuri ot the enormous amount of tailings at present going on. And the question natural y arises, is any remedy possible? Mr. Perham suggests that catchment-weirs might be placed between Waihi and Mackaytown, and the removal of the sand as intercepted by them. But a little observation of the weir at the principal intake at the gorge would have shown him the futility of such a scheme, even if it could otherwise be economically possible. Dredging the shoals, and more or less of the general bed of the Waihou, is further recommended by Mr. Perham, and also by Mr. Reed. It seems to me, however, that to put tailings into the rivers and then lift them out again would involve more expense by far than the disposing of them otherwise than by discharge into the river. I am fully aware that the latter alternative is held by the mining magnates to be impracticable, but it is quite certain that at the time when it was proposed to proclaim the Ohinemuri a sludgechannel, if it could have been foreseen that a quarter of a million cubic yards of sand and mud would yearly be discharged into a navigable river, no such Proclamation would ever have been issued And it is equally certain that in that case mining in the district would have been continued, and be just as it is at present. The want of depositing-ground is stated as an obstacle, but it seems to be overlooked that the dredgings would also require depositing-grounds, which would often be procured only at great expense. . I agree that the alternative of returning the whole of the tailings to refill the stopes in the mines is impracticable, but in part not so, as it seems to me quite possible that at least one-half might be passed down with the other fillings without danger either to the stability or salubrity of the mines All this will no doubt be held by some to amount to a proposal to seriously obstruct, the mining industry : but it is only a question of expense between the mine-owners and the general community if forced to the work of dredging. I am aware also that by many the mining industry is held to'be paramount. That is a question which I must leave to others But at a time when it is seriously proposed to commence the arterial drainage on the great low lands in the Thames anrt Piako Valley, it seems anomalous that a system should be continued which would to a large extent render nugatory a scheme of such importance from a national point of view.

EXHIBIT 28. PETITION FROM RESIDENTS OF WAIHI AND SURROUNDING DISTRICT. The Honourable the Speaker and Members of the House of the Representatives in Parliament The petition of the undersigned inhabitants of the Borough of Waihi and the sui rounding district humbly showeth, — . . , , 1 That the petitioners are vitally interested in the gold-mining industry carried on by the various companies in Waihi and Karangahake, their livelihood being entirely dependent thereon. 2. That previous to the establishment of this industry the country around was totally unoccupied being from its bareness quite unfitted for agricultural or pastoral holdings. 3 That in the year 1895, it being apparent that mining would be carried on for many years to come, His Excellency the Governor was advised by his Executive Council to proclaim the Ohinemuri and Waihou or "Thames Rivers watercourses into which tailings and other mining -debris might be discharged; which, after due notice according to law being given, was done, no objection having been raised. (See New Zealand, Gazette, 4th April, 1895.) 4 At the time this was gazetted, the number of farms fronting on the Ohinemuri River did not exceed six. . ' , .. , . .. , .. 5 Since this Proclamation a large amount of tailings has been deposited in the river by the gold-mining companies at Waihi and Karangahake, and a right to recover this material and retreat it for the percentage of gold therein has been granted by the Warden to a company established

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for this object The title to this privilege is as good as the tenure of the Waihi or any other com pany to its holding, and could not be cancelled without the payment of heavy co^pensatmT -<1 Awa„, ( reek, farms fronting the left bank of the Ohinemuri ifiver being tlius placed .under te Tha, it is now sough, ,„ be proved that the deposition of tailings in the said river was the cause ol .1,,,,. farms being fl led. whereas tte natural conditions a,,- such that had handiwork o man never been in the country -he land in question would have 1,,.,, under w, ' w weather-conditions prevailed, as the past history 0 f tte district abundantly proves 9. Should the proclamation of the river as a sludge channel be revoked, it would prove a very would H"" 8 l ndUSt ? : V &Rtitieß "' '"" * rade '"" ""» "°'ked at asSl profit would be left untouched, and numbers of men throw,, out of employment, forced to leave the dis trict, and compete tor work in other centres of the colony. 10 Your petitioners therefore pray that no steps be taken to prevent the gold-minine com pa.nes rom exercising their legal rights in depositing mining debri! i» the OhinemuY Rive,- and that a Commission of inquiry be set up to take sworn evidence on the prevailing conditio And your petitioners will, as m duty bound, ever pray, &c.

EXHIBIT 29. COMPLAINTS FROM NORTHERN STEAMSHIP COMPANY AS TO CONDITION OF RIVERS Dear Sir,— Northern Steamship Company (Limited), Auckland, 26th November 1901 I have to call your attention to the difficulties of navigation in the Thames River'with which our captains have had to contend for some time past. The silting-up at different nninr, between the Puke and Junction wharves is obstructing the navigation 5 L 3 3 something is not done very soon to remove the obstruction, it is a question of only a short time when their passage to the Junction Wharf will be stopped altogether As this is a very serious matter to the district, and may involve business people in extra charges mi their consignments, it is of importance that steps with that object in view should be taken without delay in the interests of all concerned. "** I shall be glad to hear from you as early as convenient. Yours, &c, For the Northern Steamship Company (Limiteu) : «, „ . „, . . . Chari.es Ran son, Manager. Ihe Chairman, Ohinemuri County Council, Paeroa.

Dear Sir,— Northern Steamship Company (Limited), Auckland, 18th December, 1902 I have to call your attention to the fact that owing to the shallowness of the Ohinemuri River our steamers have for some time discharged and loaded at the Puke Wharf As this will lead to constant heavy traffic on the road leading from the Puke Wharf to Paeroa my Board respectfully request that your Council will give special attention to this road, and keen it in good order and repair. F Yours, &c., For the Northern Steamship Company (Limiteh) : _ _, . Charles Ranson, Manager. Secretary, Ohinemuri County Council, Paeroa.

EXHIBIT 31. ANALYSES OF SAMPLES OF DETRITUS FROM WHAREPOA AND CRYER'S LANDING THAMES COUNTY, BY W. H. BAKER, B.Sc. -**!«««--, Dear Sir,— Thames School of Mines, Thames, sth October, 1909. I have examined the samples of river-deposits forwarded by you, with the following No. 1 Sample consisted of fine river-silt with a small proportion of organic matter Practically the whole product passed through a sieve of 150-mesh. With a hand-lens no quartz-particles were discernible, but with a gravity-settling test the presence of quartz sand is Zi P d ar ' a V6ry careful elutriation test it would be impossible to segregate this fine An assay made of the sample showed without doubt the presence of gold and silver to the extent of 6 dwt. silver and 3 gr. gold per ton. No. 2 Sample. —The same remarks apply as to the previous sample. No. 3 Sample.— Blackish mud, but with same characteristics as previous samples, with exception of slightly more organic matter. r

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With each of the three samples a test was made to pec .he settling ef.ee. ol s.-a water on these products held in suspension m water. Many colloidal substances, of which clay and hydrate, silica are examples, lose their colloidal nature in the presence ol various salts, and, instead ot being held in suspension, are precipitated. The addition of salt water to these samples had an almost immediate effect in causing .he particles previously held in suspension to deposit and there is no doubt that the influx of the sea-water has a considerable effect on the deposition ot fine sand and mud in the river. , Vo L Sample consisted of pumiceous grits, gravel, sands, and iron-oxide. A grading test gave the following results : On 40-mesh, 9 per cent. ; through -10-mesh 46 per cent.; through 60-mesh, 34 per cent.; through 90-mesh, 6 per cent.; through 150-mesh, 5 per :e " An assay of the coarse material gave only a trace of gold and silver, and of the finest material 10 dwt. of silver and 12 gr. of gold. for your information 1 forward samples of material graded from the samples supplied. I am, &c, W. H. Baker, B.Sc, The Engineer, County Council, Thames. Director, Thames School of Mines.

EXHIBIT 34. REPORT BY MR. T. PERHAM, Cite Mines Department, Wellington, 2nd July, 1901. Sll{ The Silting-up of the Waihou and Ohinemuri Hirers. \„,,rdiim to your instructions, 1 have lately visited and made an exhaustive examination 0 f the Ideality, and collected all available and reliable evidence on th<- subject, and now forward „ v ,„„., together with two plans-No. 1, a compass sure, of the junction of the two nvers with E depths at low water, and the shoals or banks complained of; and No. 2 a lithograph plan O lock X I Waihou Survey District, and Block Mil, Ohinemuri Survey District, embracing the Sties iasVinjuriousl/aliected, and showing the soundings in red, the result ot a time survey Iteoni the Junction up the Ohinemuri River to Mr. Cock's place, about a mile and a quarter below Marl Thm'e is ~,, record in existence of the depth of water in either river previous to the advent of ,1„- miner of Karangahake, Waitekauri. and Waihi; so that no comparison can be made. 1 „ i advisable, therefore, to survey the junction from Ha,,,- Creek up the Ohinemuri River ,7 . Uarf, and. as fa, as considered necessary, up the Waihou. This data can be used hereaftei tor determining in what degree .he beds of the rivers have become raised by natural deposit of the lailino-s A-c brought down from the mines. lE; water intte Wai1,,,,, is perfectly clear, but in eve, ~ 1 brings down --ge quantities 0 £ coarse pumice sand, which, mixing will, the very line quartz sand (from he batteries up the hi,,- m- l and natural mud. forms a hard bottom close in against the right bank of both rivers It, i, c observed ttat the water shoals up „„ the lefl bank, and that in the Waihou two small 1 ds , c been formed, with a long spit tailing away down stream. The end of this spit IS only rom 6in to 1 ft. below normal low water, and about 4 ft. at normal high water, and it is con- ,, -nth .1,,- main obstruction to navigation about the wharf. That the finer portion of tte quartz Hi ngs is carried in suspension down the Ohinemuri far beyond tins point into the Waihou is evident, for standing on tte bank at Hape Creek Bridge, it is plainly seen mixing with the clear Wa that the Ohinemuri is very much deeper than the Waihou and discharges at the confluence more than double Ihe quantity of water, which banks back the Waihou water in flood?ieinundating the surrounding lot country between and beyond the confluence of the two rivers \ ml is can be attributed to natural causes, and not to any great extent to the discharge of ili, Z fen, the mines of Karangahake and Waihi. This question will be dealt with hereafter. Bebwttefunction or two miles the river is very much obstructed by bars and shoals, but partic laid v just below the rectangular bed at Te Tawa Stream. For purposes of navigation the whole portion tinted red on the lithograph No. 2 requires dredging, and in several places between Komata Creek and Mr. Moore's [dace, about the seventh mile from the Junction X . videiu-es of the line,,„ar,7sand deposit appear on the lower portions of the Waihoubanks below the Junction as far as Netherton, and even beyond the seventh ml c But I may here state 1, tl fa. ens do ,„„ so much object .„ the ,1,-posi. of .his sil, on their land as to the gradual us- 1„f the river-bed (so they assert) since the commencement of mining operations above t, Ohinemuri; for now. after every fl I. the river-bed, being so raised, gives them so much less all for their drains to carry the flood-waters off their land. The reason is this : that also at the same time there can be no doubt thai the artificial draining of the surrounding swampy low country both into'the Ohinemuri and Waihou, goes to materially raise the beds of both rivers by the ™^**w*s*" of willows and other dibris holding both the mineral and vegetable silt, materially contributing to nar the Jurisdiction of the Thames Harbour Board, and he OltoemurVcounty Council, which is also a River Board, takes no steps to remedy ttl evil. A very small outlay; judiciously expended in snagging annually, would lie highly beneficial

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to navigation, and conduce to a freer flow of the current and more even distribution of the deposits in the river-beds. Dealing now with the Ohinemuri from its confluence with the Waihou up to Mr. Cock's, within about a mile of Mackaytown, the water is fairly even and deep until the railway-bridge is passed. Above that point to the road-bridge the river is obstructed by a rapidly growing island formed in the manner before described; from thence to Mackaytown the lied is fairly even, but on the banks, and especially in the bends, there are large and deep deposits of unmistakable fine quartz sand. At Mr. Cock's another island almost rills the river-bed, and is collecting the fine silt rapidly. From Mackaytown to the Junction the river-bed has very little fall —probably not more than (i in. to the mile: but above Mackaytown to Karangahake the fall is much greater—in some places even rapid. The result is that the heavier portions of the mining debris discharged into the river are arrested in their passage down among the boulders in the bends, and the finer portions deposited in the length of flat river-bed between Mackaytown and the Junction. As proof of this, in soin,ding with the pole the bottom was found to be quite hard and cemented. That a quantity of still liner quart/ sand in suspension mixes with the clear water of the Waihou at the Junction, and is carried and deposited in the bed and on the banks of that river for at least seven or eight miles, there can be no doubt, and, in conjunction with the pumice sand and alluvial mud before mentioned, forms the shoals, bars, aud islets impeding navigation. Heavy Hoods in both rivers occurred in 1896 and 1898, and tte 30th March, 1899, when the Waihou at high water was banked up by the Ohineinuri, and the surrounding country, which is everywhere low-lying, was inundated for many miles in the neighbourhood of the two rivers. In no case, however, have I discovered or heard of the fine quartz silt being deposited on the grass farm lands, except ill the low depressions on the river-banks—speaking generally, say, from 10 ft. to 20 ft. in from the water's edge. In conclusion, I am of opinion that, although the continual and gradual deposit of the fine quartz sand from the mines, in a decreasing ratio from Karangahake to a considerable distance below the Junction, as before indicated, has tended to both raise and narrow the river-beds, it is not so serious as is generally represented by the farming interests. Of course, the deposit is going steadily on, and, if action is not taken to clear the lower Waihou of the obstructions rapidly forming, navigation to the Paeroa Junction Wharf will be still more impeded, if it does not (except by light-draught flat-bottomed boats) have to cease entirely. The rivers having been declared channels for the deposit of mining tailings, the time appears to be not very far distant when in the interest of the farming community a remedy will have to be devised to mitigate the evil attending this rapidly accumulating deposit, which at present is inconsiderable compared with the gold-mining industry. I would therefore offer the suggestion that the main body of the tailings should be trapped by means of a series of low, strong timber weirs in suitable places above Mackaytown. the finer portion being allowed to flow over the weirs. It has lx-en represented to me that the retained tailings could Ix- profitably treated again, and if such is the case it may bo worth consideration. To create tailings-grounds, as advocated locally, by means of fluming direct from the mines and clear of the river would be an undertaking too expensive and unnecessary, even if land of sufficient area required could be obtained for the purpose. I have, &c, T. Perham, A.M.Inst.C.E., The Under-Secretary. Engineer Water Conservation.

EXHIBIT 38. PROPOSED FORMATION OF WAIHI BOROUGH.—OBJECTION FORWARDED TO THE COVER NOR BY OHINEMURI COUNTY COUNCIL. To His Excellency the Hight Honourable Uchter, Karl of Ranfurly, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Governor and Commander-in-Chief in aud over His Majesty's Colony of New Zealand and its Dependencies. May it PLEASE Yorn EXCELLENCY: In compliance with the notice published in the New Zealand Gazette of the 28th November, 1901, No. 101, page 2262, this Council desires hereby to notify its objection to the granting of a borough to the district described in such notice, it being a portion of the County of Ohinemuri. Under the provisions of section 22 of the Financial Arrangements Act, 1876, and section 4 of the Gold Duties Act Amendment Act, 1882, all the gold duty is allocated to the district from which ii is won. Al present the bulk of such duty payable to the Ohinemuri County Council is derived from the mines at Waihi within the boundaries of the proposed borough, and the whole of this would, on the formation of a Waihi Borough, become part of the borough revenue, and not one penny of it would lx- available for necessary county goldfields roads within the county except at the good will of the proposed borough. It is necessary here to point out that a large portion of the Waihi Gold-mining Company's works are situated at Waikino, outside the proposed borough, and all the persons employed in these large works will be debarred from the benefits accruing from the duty on the gold turned out from these works, and, living outside the borough, will look to the county and not the borough for their local requirements.

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It is a matter of fact that at least four-fifths of the traffic on the main roads from the head of the navigation at Paeroa out to Waihi, and practically the whole of the traffic from Waihi to the county-boundary on the Tauranga Road, is for the benefit of Waihi, and the cost of those roads from "September, 1899, to September, 1901, amounted to over £11,000, of which amount fourfifths at least should be chargeable against Waihi gold duty. In addition to the above, the Waihi Mining Company get their mining-timber from several different places in the county, and the cost of maintaining these roads is not included in abovementioned sum of £11,000, and, as is well known, the haulage of large timber over roads is very severe on them. The Municipal Corporations Act, 1900, provides that a borough "may" expend revenue on the construction and maintenance of roads in which it has an interest beyond its boundaries. This clause being permissive only, the Ohinemuri County Council have no remedy if the proposed borough declines to contribute towards the necessary cost of repairs of Main Road, or, what is more likely, votes a sum quite disproportionate to its use of and interest in said roads. The petitioners I'm the Waihi Borough lay considerable stress on section 8 of the Public Works Act Amendment Act, 1900, as enabling the county to secure repayment of an equitable share of the county's expenditure on works affecting the borough. It seems scarcely necessary to point out that, though the provisions of this Act might apply to some one or two works of magnitude decided on mutually beforehand, and arranged for, on which a dispute as to cost has arisen, yet the bulk of the work will be maintenance requiring immediate outlay amounting to thousands in a year. And before the cumbrous provisions of the Act could be complied with, the expenditure entailed would have to be met out of county revenue, and months elapse before a refund could be made, practically driving the county into bankruptcy. Could some fair scheme of compulsory allocation of gold duty be enforced under statute, one objection would be removed, but even then the Council considers that the granting of a borough to Waihi would be detrimental to the interest of both county and borough. It appears, however, that without fresh legislation no such compulsory allocation can be made between local bodies, and it therefore only remains for the Council to respectfully beg Your Excellency to refuse the prayer of the Waihi Borough petitioners. Should Your Excellency, however, think proper to grant the petition, this Council would desire to point out ttat their funds (under those circumstances) would be quite inadequate to maintain the main roads in question, and they would be compelled either to allow them to fall into disrepair or to establish heavy and vexatious tolls on such roads, and such tolls would press most heavily on the mining companies in Waihi already paying the gold duty which was intended to be devoted to the maintenance of these roads. « Ao-ain the Council wishes to point out that this petition for the formation of a borough at made under entirely exceptional circumstances. In ordinary cases such application means that a certain section of the community, having the necessary legal qualifications, desire to have the extended powers given under the Municipal Corporations Act, 1900, to tax themselves, and also to have the power to expend such taxation on ordinary urban works, such as water, drainage gas library, fire-prevention, &o. ; and such districts, as a rule, have a rateable value of nropertV'within their boundaries sufficient to supply the necessary revenue and to raise loans. In the case of Waihi this does not hold good, as the rateable value of the whole riding only amounts to £91 341, as against the rateable value of the rest of the county, £290,833; so that if Waihi had to depend upon its rateable value only it could not even pay salaries As regards borrowing it is true that loans could be raised under the Local Bodies' Goldfields Public Works and Loans Act 1901, but in that case the mining properties winch are already taxed by gold duty will bs a<-ain further taxed for local requirements of the district in which they are situated. The"petitioners cannot say that they have been unfairly treated by the Council, for out of a total annual revenue from all sources of about £20,000, approximately £5,500 was spent on mam roads principally used for Waihi, and £4,750 was spent in Waihi itself, exclusive of mam roads The Council feels convinced that if it had not been for the circumstance that the wealthiest mine in the district happened to be within the boundaries of the proposed borough there would have been ~„ such application, and the cry raised that Waihi should have the right to expend their own revenue (presumably raised by themselves) is a false cry Their rates at present amount to about £240, and the increased revenue they expect to get is from the gold duty, which falls not on ordinary' ratepayers, but on the mining properties. The gold duty was originally intended for expenditure over the whole field, to open up roads and develop the mining industry'; it was never intended to be used for the benefit of each individual that to allow a comparatively small urban community thus to absorb the bulk of the gold duty for local requirements will be a cruel injustice to the rest of the mining district- and it is further to be considered that the mining industry is a fluctuating one—that what holds good for Waihi to-day may to-morrow apply to Karangahake or V aitekaun, and the P ° Sl Xal!yThrG!werni.ient has seen the necessity of so amending the Counties Act as to enable certain portions of the counties to be brought under some of the provisions of the Municipal Corporations Act without adding another to the many local bodies already in existence; and when the Act is passed, Waihi. if then desiring municipal priv.leges, can cla,m to come under these pro- . . T have, &c, vlslons - H. Poland, Chairman, Ohinemuri County Council, For and on behalf of eight out of the nine Councillors of the Ohinemuri County Council. Council Chambers, Paeroa, 20th December, 1901

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EXHIBIT 44. REPORT BY A. H. V. MORGAN, M.A., ON SAMPLES OF SEDIMENT FROM WAIHOU RIVER. Received : 16th April, 4th May, 7th May, 1910. Reported: 21st May, 1910. Sender : Wailii Borough Council. Locality : Waihou River. Description : Samples of sediment for determination of proportion of tailing. Thirty-two samples altogether were examined, of which fourteen (Nos. 1 to 14) were taken from the bed and banks of the Waihou River on the 14th April, 1910, about a fortnight after a heavy flood in the river, and nine (3/2 to 12/2) were taken from the bed of the Waihou about a fortnight later. Nearly all these samples were taken below the junction of the Ohinemuri with the Waihou, and were examined with the object of separating then, as far as possible into natural river-sediment and tailing from the various batteries discharging into the Ohinemuri River I he remaining nine samples (1/3 to 12/3) were taken from the Waihou River and its tributaries above le Aroha for the purpose of comparison with the samples taken from the Waihou below its junction with the Ohinemuri. The samples were dried, and separated into grades of varying fineness by means of sieves having respectively 30, 60, and 90 holes to the lineal inch. Four grades were thus obtained the percentage of material m each grade being shown in the accompanying table Each grade was then examined microscopically in order to ascertain its composition. The figures shown in column (a) are the percentages of the samples which remained on a 30-mesh sieve. This portion consists of comparatively large particles of pumice quartz &c and is obviously a natural product, as none of the batteries have at any time discharged material of such a degree of coarseness. As will be seen from Ihe table, it constitutes a considerable pro portion of the sediment in the bed of the Waihou River. The figures in column (6) give the percentage of material which is fine enough to pass a ,0-mesh sieve (having 900 holes per square inch), but is too coarse to pass a 60-mesh sieve (3 600 holes per square inch). This portion consists of more or less rounded and waterworn particles of clear and milky quartz, together with a large proportion of brown and black grains, giving the whole a brownish appearance. I have no hesitation in saving that practically the whole of this grade is natural river-sediment. It is quite similar in composition to the material of the same grade obtained from the Waihou River above Te Aroha. where there could not possibly be any mining tailing, and contains a considerable proportion of minerals entirely absent from the Ohinemuri mining tailing. Moreover, the percentage of sand too coarse to pass a 60-mesh sieve discharged by the various batteries in the Ohinemuri district was never great, and at the present time is, I believe, nil. ' Combining the figures in columns (a) and (b), the percentage of material which it is improbable contains an appreciable quantity of tailing is obtained. This is given in the column headed (a) + (b),» and it will be observed that it comprises the bulk of the sample in everyTse where it was taken from midstream in the Waihou River below the Junction. In the second'series of samples, obtained after the flood had subsided and normal conditions obtained in the river over 90 per cent, of each of the midstream samples consists probably of natural river-sediment th(> ' 10, ' c< ' n . til -: ( : of material which will pass a 60-mesh sieve but remain on a 90, mesh (8,100 holes per square inch). This is much whiter in appearance than the previous grades and consists principally of transparent and milky grains of quartz, with some "rains stained brown and yellow with oxides of iron. This portion is quite similar, both to the naked eve and under the microscope, to battery tailing, of which no doubt the greater part consists It is probable, however, that a portion is natural sediment brought down by the river from its upper reaches, as the material of the same grade collected above Te Aroha" contains many identical particles. Column (d) gives the percentage of material fine enough to pass through the 90-mesh sieve I his is similar ,n appearance to grade (c). but perhaps more angular. The bulk of it also pro bably consists of battery tailing. y The sum of the figures in columns (c) and (d) is given in the column headed " (c) + (d) " and shows the amount of material in the samples that is fine enough to consist of tailing discharged from the batteries. Tt is identical in composition with the genuine tailing, and no doubt" is mainly composed of it. but probably a small proportion is also derived by the action of natural agencies from the upper reaches of the Waihou River. By a comparison of the two columns (a) : (b) and (c) -I (d), the approximate proportion of natural sediment and battery tailing composing the bed of the river at the points where the samples were taken is obtained. From this it will Ix- seen that, though tailing is undoubtedly present ,n the bed of the river below the Junction, the amount in the channel, where the current 18 strongest, is comparatively small, and that towards the banks, where the current is more sluggish, the amount increases considerably. Samples 1, 2, and 7, which were taken from land on the banks of the Waihou River consist of extremely fine particles of quartz and other minerals, all easily passing the 90-mesh sieve They are similar in composition to grade (d) of the other samples, but T am unable to say what proportion might consist of tailing and what of natural sediment.

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Analyses.

■ — 7T ~ \i mm \H. V. Morgan, M.A., Director. Waihi School of Mines, 21st May. 1910.

EXHIBIT 47. MONTHLY RAINFALLS AT WAIHI FOR ELEVEN YEARS, 1899-1909, AND FOR THREE MONTHS, 1910.

Mean annual average for eleven years, 83-5063 in. H. B. Dkvereux, F.R. Met. Soc., observer

"J 1 i a© S~ (a.) ! (b.) Per Per Cent. Cent. is a§ £ r Passed || IWblc , e 90-mcsh. g3 Tailing. ! _JdA__(«) + (6)J(«)_+_*>:! Locality. ___ ■ I I 2 a 4 ( 3 4 5 6 7 8 0 10 II 11 1 11 1 1 3/ 4/ 5/ «/ 8/ 9/ 10/ IV 12/ 1/ • r V 6/ 7/ 8. 9/ L0, 11, 12 12 13 1 2 3 37-9 50-3 4 45-8 36-4 5 36-2 390 6 15-2 79-2 7 S 49-3 20-5 9 28-6 51-7 10 47-1 29-6 11 35-6 17-4 12 B2-7 16-7 13 I 62-8 13-8 14 37-8 52-5 /2 ! 35-2 59-2 '2 46-1 50-1 /2 53-3 39-7 /2 I 29-3 68-6 /2 30-4 24-0 /2 ! 34-6 46-6 /2 86-1 I 11-8 /2 38-6 ! 24-2 1/2 57-3 37-0 /3 9-4 | 74-2 i/3 25-1) 00-2 1/3 2-1 20-8 '/3 38-0 50-5 S/3 47-3 41-4 )/3 69-8 ' 28-3 )/3 60-4 32-2 1/3 19-6 30-2 2/3 li-5 22-7 Per Cent. 6-1 7-15 12-05 3-5 13-5 11-55 15-95 17-6 0-5 3-5 Per Per Per Cent. Cent. Cent. I 1000 .. 100-0 1 | 100-0 .. 100-0 2 5-7 88-2 11-8 3 10-65 82-2 17-8 4 11-85 75-2 24-8 2-1 94-4 5-6 6 100-0 .. '-00-0 7 10-7 75-8 24-2 8 8-15 80-3 19-7 9 7-35 76-7 23-3 10 •29+ 53-0 47-0 11 01 00 -4 0-6 12 19-9 76-6 23-4 13 1-7 90-3 9-7 14 1-6 94-4 5-6 3/2 1-9 96-2 3-8 4/2 3-5 93-0 7-0 5/2 > 0-85 97-9 2-1 6/2 7-9 63-4 36-6 8/2 7-5 81-2 18-8 9/2 0-8 97-9 2-1 10/2 23-9 62-8 37-2 11/2 2-2 95-2 4-8 12/2 13-5 83-6 16-4 1/3 1-7 85-2 14-8 5/3 64-3 22-9 77-1 6/3 4-1 88-5 11-5 7/3 3-1 88-7 H-3 8/3 0-9 98-1 1-9 9/3 l 2-1 02-0 7-4 10/3 ; 32-4 49-8 50-2 11/3 I 54-0 29-2 70-8 12/3 1 2 3 4 •"> 6 7 8 9 10 11 12 13 Land 2 chains from north bank of Waihou, above Junction, west of Section 4744. Land 1 chain west from Waihou, above Junction, north of Section 3472. . , Midstream, Waihou River, near Morrison s. opposito Dennerley s. Rangiora Road. Puke Wharf. Log 20 chains west of Waihou, south of Section 8, Block XII. Towards west side of Waihou River, 'I horp s Bend. Half a chain from west side of Waihou, oppos.te Kenny b, line of sandbank. , .. , Midstream, Waihou River, opposite Kenny s, in line of HaTfeTain from west bank, Waihou River, still water, near Forrest's mill. Midstream, Waihou River, Forrests mill. Sandbank, Waihou River, near Forrest s mill, depth of Sandbank, Waihou River, near Hikutaia, Same as No. 3 above, taken about two weeks later. No. 4 ., No. 5 „ No. 6 .. „ No. 8 .. No. 9 .. No. 10 .. No. 11 .. No. 12 „ i Bank at Te Aroha. i Bridge over Waihou, Manawaru. I Coleman's Creek, Manawaru. outlet „f dram to Waihon. ! Waiorongomai Creek, at bridge. J Wairaka Creek, flowing into Waihou. $ Bridge over Waihou, Shaftesbury, j n Gordon, i Bank of creek at Gordon Bridge. 3 Wash-out on road just past Gordon Bridge. 14 3/2 4/2 5/2 6/2 8/2 9/2 10/2 11/2 12/2 1/3 5/3 6/3 7/3 8/3 9/3 10/3 11/3 12/3 8-0 40 1-0 3-5 1-25 28-7 11-3 1-3 13-3 2-6 2-9 131 22-8 7-4 8-2 10 5-3 17-8 16-8 14 3/2 4/2 5/2 6/2 8/2 9/2 10/2 11/2 12/2 1/3 5/3 6/3 7/3 8/3 9/3 10/3 11/3 12/3

i 1899. ' 1900. I 1901. 1902. 1903. 1904. 1 1905. 1906. ! 1907. 1908. 1909. 1910. Month. January February March .. April May dune July August . . September October November December Totals '•'• t„ In In. In. In4,62 0-41 3-73 5-70 8-02 6 . 5 o, 1-60 5-78 3-82 2-8o lldl 5-20 8-35 9-33 213 2 . 98 7-09 1-51 10-27 4-77 5-47 1619 Ml H-23 8-13 11-86 7-25 7-70 10-40 3-6o 4-45 , 7-76 18-70 2-67 6-15 6-08 . 17-43 6-38 4-51 o-2o 0.45 10-44 5-36 11-61 9-31 9-41 U-55 2-41 4-95 11-95 4.52 2-62 0-78 0-65 11-01 O.56 7-65 6-26 3-41 9-66 " 08-10 95-19 68-07 78-55 82-88 In. 3-53 6-38 10-82 5-29 1-46 i 7-95 813 6-52 8-03 13-03 5-04 6-86 In. 2-12 1-60 1-59 4-25 7-59 7-37 9-46 8-53 6-30 9-49 4-20 3-00 In. In. 3-12 24-90 2-93 10-24 4-78 5-78 2-79 12-24 7-32 8-81 2-85 6-71 13-37 11-12 7-10 14-32 7-25 6-75 1-63 6-73 8-24 5-97 3-74 5-78 In. 0-00 1-80 20-49 6-58 9-62 7-18 15-34 7-51 3-01 6-97 2-32 7-50 In. 4-06 0-21 20-00 6-26 6-87 5-72 16-59 16-57 15-63 5-24 5-05 3-26 In. 4-95 13-34 19-44 83-04 65-50 65-12 ' 119-35 88-32 104-45 I '_

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Rainfall to date for 1910, 52-72 in = 129 ncr «>nf „t i, ii ■ ■ Rates of fall on the 29th March 1910 :- P '"' k ' i "" l S 1U """ 11 awa S* 6.30 p.m. to 10.15 p.m ''fn?' Cheaper Hour. 10.15 p.m. to midnight J.™ Vu, Midnight to 1 a.m. .. l.\i " 1 a.m. (30th) to 4 a.m. '" ?,.L f"*' *•■»•**■.» ■■ ::: tS :: »£ Fall in 12J hours ... = ~

EXHIBIT 48. ANALYSES AND MICROSCOPICAL EXAMINATIONS OF SILTS. 15V .(. A . POND FCS Slßj— „_ ..... On the 27t1, ultimo I received from Mr. E. Martin a box containing samples' forwarded by your association, as detailed below. In accordance with your request I have made analyses of t1,,,,- samples. ~n,l microscopical examination of them, -rithtf* resTs not subnXr! Samples. (A) Envelope marked, " Trace about 4 chains from river, near E. Bay. nearer lake." &<• (ri.) Card hox marked. " Nicholl's Bdg., Waihou, filtration, trees," &c. (C.) Bottle marked, " I. 15$ chains from river." 'D-) ~ " 11. Buchanan's far garden. S. of road." (X-) „ •' 111. 3" (Barrett's). < F -) » " IV. A. J. Thorp. Te Aroha Road." (°0 „ - "V, G. Crosby's, Mill Road." (H-) „ " VI " (,J. Bertelsen's). ( J -) ~ " VU " (.1. Bertelsen's). ( J -) ~ " VTII, Blacke's old shop. Main Street." (X-) » " W. Marsh, depth 6 in. to 9 in., area 10 acres." ( L -) .» " W. Marsh, depth 12 ft., area 20 acres." (M.) A sample of pumice silt obtained from a wash-out which i.s being carried into the Waihou near Okoroire. • I obtained the las! sample for purposes of comparison, chemically an,l microscopically with the samples submitted by your association. ' ' The letters in parentheses are laboratory attachments for convenience. The (B) sample, being wrapped up with' (A), has not been examined. Portions of each sample were taken by core from the bottles, leaving the balance in the same condition as received for any further examination which may be required. The portion drawn was in each case dried and mixed; the part required for analysis was incinerated, thus removing moisture ami organic matter. Analyses. Sample. silica. Iron-peroxide Total. [and Alumina. ''" m • Per Cent. < A -) 80-6 17-4 l-o 99-0 (£) 78-2 20-2 Mi 99-4 ( D -) II •• •• .. 86-6 10-2 1-0 97-8 (E-) HI •• .. .. 86-8 10-8 0-8 98-4 (F-) IV •■ •• .. 86-8 10-6 1-2 98-6 (G.) V .. .. .. 91-8 - 6-6 0-6 99-0 (H-) V 91-6 G-8 0-8 99-2 (I-) \" 85-6 11-4 0-8 97-8 (J-) VIII 83-8 12-6 1-0 97-4 (K.) Marsh .. .. .. 79.0 17.2 -.9 97.fi ( L -) -- 86-2 10-8 0-1 97-4 (M.) Pumice .. .. 72-8 13-7 0-3 86-8 From the above it will be seen that the silts, excluding A, C, ami X, contain upwards of 83 per cent, of silica, the alumina in these being present in little more than a trace. In the pumice silt die silica is below 73 per cent., and the iron is only present as a trace. This is 111 accordance with analyses of pumice generally, ami closely agrees with one reported by myself in Transactions of the Net* Zealand Institute. Vol. xxxii. page 233 et se,/. Microscopical Examination. (A.) Chiefly composed of rough quadratic and rounded siliceous particles, intermingled with siliceous plates like pumice, and containing clayey matter. (C) I. Chiefly rough quadratic and rounded granules of silica, with ferruginous quartz and a small number of siliceous plates and fibrous mineral. 37—C. 14.

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(I)) ,1. Coarser particles of quart,, some being ferruginous, all showing conchoidal fracture, ..cm, fragments of broken quartz. , (X) 111 Same appearance as (D), but coarser. (F) IV Similar to (D), with crystals of silica and some clayey matter. ((I) V. Similar to (E). (H) VI. Similar to (F). (I) VII. Similar to (D). (J) VIII. Similar to (C). (Xl Marsh : Similar to (C). S fZZw : Sharp. Ilatt „ s,l„ s Hakes and Hbrous particles, with a small amount of whit,- clayey deposit. I- be results given I an, of tailings practically composed of quartz tailings, and that (A) (C) I, and (X) > 1 < intermingled with clay and pumice drift. 1 b ™>*°£ ~. c g ; . .-,..■ i ..;...;,.., Late Governmenl Analyst. The Chairman, Ohinemuri Silting Association.

EXHIBIT 53. SCREEN TESTS OF TAILINGS BY PROFESSOR JARMAN. Dfar Mr Rhodes,- School of Mines, University College, Auckland, 6th May, 1910 pIZZZcI attached ,„y estimate ol the percentages of possiUe (not probable)-tailings •KES-Ht2SSSSHKSSr.BS and ~, „, caught r » *. 80-,,,.,,,. .„., yo u are not discharging any material of that size, if we except 0"08 per cent. Charles Rhodes. Esq.. the Waihi Gold-mining Company (Limited). A. Jabman.

Screen Tests of Samples 1 to 18.

/..i *. lnin A. JaRMAN. lilli May. 1910.

Number of Sample. Weight used, Grams. Percentage retained 20-mesh. 40-mesh. upon Percentage through 80-mesh. Possible Percentage of Tailings in this. Ultimate Percentage of Tailings possible. I 80-mesh. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 1,078 1,129 1,039 804 1,082 1,053 1,193 806 1,081 1,015 1,076 1,126 883 908 927 1,092 573 543-3 57-6 23-55 30-8 73-6 191 75-9 79-8 15-7 71-6 61-5 46-7 521 26-9 72-8 25-1 19-1 25-8 0-6 11:-) 63-9 18-8 24-2 14-2 21-73 18-57 55-8 24-9 341 44-5 38-0 55-4 10-5 54-9 57-6 62-2 54-5 60-mesh. 0-5 fibre, &c. 0-72 12-0 26-7 1-62 . 10-3 1-66 1-17 21-4 30 l-o 7-6 8-1 16-0 52-4 16-9 20-1 11-6 11-0 0-18 n-55 23-7 0-56 26-5 0-71 0-46 71 0-5 0-4 1-2 1-9 1-8 29-9 2-8 2-9 o-l 0-9 30 25 95 70 90 60 70 85 75 45 75 70 80 '.to 75 85 10 20 0-05 014 22-5 0-4 23-8 0-4 0-3 60 0-4 0-2 0-9 1-3 1-4 26-9 21 2-5 0-04 0-2 Tailings, 170 0-08 99-6

WAIHOU RIVER TIDAL MOVEMENT

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EXHIBIT 54. COMPARISON OF RAINFALL, AUCKLAND AND WAIHI, FOR ELEVEN YEARS, 1899-1909.

The above are from records of Waihi forwarded to me by Mr. H. B. Devereux, the observer there and from the original monthly sheets of Mr. T. F. Cheeseman, Curator, Auckland Museum. J &. r. Adams.

EXHIBIT 55. TABLES SHOWING FINENESS OF TAILINGS DISCHARGED FROM WAIHI GRAND JUNCTION'S REDUCTION-WORKS.

M fonth and Locality. 1899. | 1900. 1901. 1902. 1903. 1904. 1905. I 1906. 1907. 1908. 1909. J anuary— Auckland Waihi .. February— Auckland Waihi .. March— Auckland Waihi April Auckland Waihi .. May— Auckland Waihi .. In. In. In. .. 3-64 0-84 I 3-22 .. 4-62 0-41 : 3-73 1-86 1-60 3-98 0-59 I -60 5-78 .. 2-20 1-52 5-11 .. !M1 5-20 8-35 .. 2-41 1-91 1-12 2-98 709 1-51 .. 2-98 ! 7-98 0-98 .. 5-47 : 1619 Ml In. 1-58 5-70 0-44 3-82 3-34 9-33 In. j 713 I 8-02 2-08 2-85 1-38 213 j In. 0-82 i 3-53 j 3-71 I 6-38 7-33 10-82 In. 2-79 2-12 0-56 1-60 2-54 1-59 In. 117 : 312 2-25 2-93 1-80 4-78 !I i In. In. In. 7-45 0-45 1-88 24-90 .. 4-06 5-79 0-54 10-21 1-80 0-21 0-97 8-12 4-04 5-78 : 20-49 20-00 6-27 10-27 2-66 4-77 5-33 5-29 3-20 4-25 3-10 2-79 2-94 3-37 1-20 12-24 6-58 5-25 6-30 11-2.3 6-09 8-13 1-01 1-46 2-29 7-59 4-60 7-32 3-97 5-88 4-72 8-81 9-62 6-87 J une — Auckland Waihi .. JulyAuckland Waihi .. 4-76 310 2-75 .. 11-86 7-25 7-70 .. 5-32 3-68 914 .. 115 7-76 18-70 3-22 10-40 3-20 3-65 607 7-95 600 7-37 ! 1-54 2-85 3-61 3-79 3-24 6-71 718 5-72 214 2-67 3-46 615 2-21 813 3-88 9-46 6-80 13-37 6-33 5-63 5-46 11-12 15-34 16-59 August— Auckland Waihi . . September— Auckland Waihi .. October— Auckland Waihi November— Auckland Waihi .. December— Auckland Waihi .. .. 2-78 3-91 3-22 .. 608 17-43 6-38 1-31 5-19 0-85 2-45 10-44 ! 5-36 4-79 5-08 3-11 .. 9-41 11-55 2-41 2-05 1-98 1-44 4-52 2-62 0-78 .. j 0-34 2-33 j 3-57 .. 0-56 7-65 I 6-26 2-33 4-51 6-21 11-61 2-74 1 95 3-37 5-25 2-40 9-31 3-27 11-95 3-57 6-52 3-91 803 3-80 13-03 3-05 8-52 4-48 6-30 5-87 9-19 1-76 7-10 4-32 7-25 0-97 I -63 'ill 3-78 7-13 14-32 7-51 16-57 512 2-19 3-53 6-75 3-01 15-63 5-02 4-02 3-68 6-73 6-97 5-24 0-88 0-65 6-83 Mill 1-35 5-04 2-20 i 1-20 5-62 8-24 109 1-95 3-44 5-97 2-32 5-05 2-83 3-41 3-26 9-66 3-56 6-86 2-96 [ 3-00 ! 1-77 -•5-71 5-15 I-19 0-79 5-78 [ 7-50 3-26 TotalAuckland Waihi .. .. 34-44 .. 68-10 Mean for eleven ■ 3915 38-49 95-19 68-071 iars, Auckland, 4 38-28 78-55 4513 82-88 45-70 83-04 39-82 65-50 35-70 5418 | 44-21 3911 6512 119-35 ! 88-32 104-45 I iVaihi. 83-51 in. 1-29 in. Mean for elevei years,

Junction Company (I Product (i.e., Tailing; iimited).—Tons Milled and Fineness op Finished discharged into Sludge-channel). I Per Cent. Fi leness. Period. Tons of 2,000 lb. o S o S 8 8 ■a jj s ' 3 9 S 8s -SJ3 n IN 1906, August to December (a) 1907, January to December (o) 1908, January to April (c) „ April to December „ last four months .. 1909, January to December 1910, January to 16th April 8,141 I 11-2 12-6 40,220 13,066 38,421 i .. 15,489 j .. 59,147 22,616 | .. 10-9 0-8 4-2 4-1 0-7 1-3 2-6 7-5 8-7 2-6 5-3 16-2 7-8 9-2 11 12-9 21-3 21-5 10-2 8-8 3-6 3-8 43-7 72-7 61-5 69-5 82-7 85-9 951 " Mesh " = holes to linear inch. Memos. i„« J"') V*f reCOrd , k !, pt of n tonna « e ? company's books varies between the figure given above and 9,035 tons, which latter I believe, includes all ore crushed, but at the end of year part was still under treatment and not d"schlrged vn f U .fe"- ha r el that ■ VC!,r - Slzln g- te8ts ° n 'y * ak «n during the last three months of the year, on 6 195 ore Mill started in August. ' ' (6.) Sizing-tests not taken during early months of year; last three months shed. (e.) In April 120-mesh sieve abandoned, and 150-mesh substituted for 140-mesh.

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EXHIBITS 56 AND TO. ESTIMATES FOR DEALING WITH SLIMES, BY W. F. GRACE, MANAGER, WAIHI GRAND JUNCTION COMPANY. Scheme I.—Dealing with Residues from Waikino. Material to be transferred : Solids, 1,000 tons: water, 15,000 tons—l6,ooo tons, per day. Distance of transmission : Seven miles. Number of wheels on a basis of 2-per-cent. fall . Twenty-one wheels. Diameter of wheels: 45 ft. Effective lift :35 ft. (',, st nl' wheels erected —.£9OO each, twenty-one wheels ... ... ... 18 90(1 Fluming: 1 chain, s,-.-ti„n 0 f flume, 32 in. by 18in., 2,116 ft., „t tl :,s. per hundred erected, £26 9s. per chain ... ... ... ... 14 812 M,,iiv,. power: Twenty-one 35 b.h.p., 2,200 volts, A.C. three-phase motors, twenty-five fitted with starters, &C, £200 each ... ... ... ... I 200 (l<-i,, rating-station,— 1.000 b.h.p. (in two units of 500 b.h.p. each), 2,200 volts, A.C. generators, at £3 per b : h -l> each ... ... ... ... ... ... 3)000 Iwo 500 b.h.p. gas-producers; two 500 b.h.p. gas-engines, with buildings, foundations, &c, erected, at £18 per b.h.p. ... ... ... ... 18 000 Main switchboard and leads ... ... ... ... ... .-jOO Transmission-line from Waikino to Paeroa : 2,200 volts A.C. line, 30 tons copper, at £100 per ton, £3,000; 320 posts erected, at £4 each, £1,280; 1,000 insulators, at 7s. 6d. each, £375; erecting wires, £100. Add 10 per cent, contingencies, £500... ... 5,255 Dumping-ground at Paeroa : One square mile (640 acres), at £20 per acre ... 12^800 Workmen's dwellings at dumping-site : Six cottages, at £200 each ... 1,200 tJX.Un Labour and Running-costs. £ At geiieratmg-statioii, Waikino, 1,000 b.h.p., at £10 per b.h.p. per annum ... ... 10,000 Supervision at twenty-one substations: Twenty-four men (each man to look after three stations), at £150 per annum each ... ... ... ... ... .'i,(;iiii Stores, belting, repairs, &c, to motors, wheels, and fluming ... ... ... ... 4,.")( i() Labour at dumping end : Six men, at £125 ... ... ... ... 7.-,0 Interest and depreciation on capital cost ... ... ... ... 16 478 £35,328 Summary. Capital outlay by Waihi Company, — £ Wheels ... ... ... ... ... . . ... ... IS,90(1 Fluming ... ... ... ... ... ... ... ... 14,812 Motors ... ... ... ... ... ... ... ... 4 ; 200 Generating-station, Waikino ... ... ... ... ... ... 18 000 Electric generators, switchboards, etc.... ... ... ... ... 3 300 Transmission-line ... ... ... ... ... ... ... 5,25.", Dumping-ground, Paeroa ... ... ... ... ... ... ... 12,50n Workmen's cottages ... ... ... ... ... ... ... 1,200 £78,467 Interest, 6 per cent.; depreciation, 15 per cent. ... ... ... ' ... ... £16,478 On a basis of 300,000 tons per annum this method" of handling Waikino tailings would cost 2s. 4 - 26 d. per ton. Scheme 2.—Loading Tailings into Government Wagons; Railage to Paeroa; Disintegrating, and Pumping on to Site. Two classes of material to be dealt with, sands and slimes. Quantity of sands to be handled daily. 250 tons. Capital Expenditure by Waihi Company at Waikino. £ Two 30 in. belt conveyers, each 300 ft. long, at 3s. per foot erected ... ... ... 1,800 Two 30 in. cross conveyers, each 50 ft. long, at 3s. per foot erected ... .. ... 300 Two 15 b.h.p. motors, erected, £100 each.. ... ... ... ... 200 One locomotive for shunting ... ... ... ... ... ... ... 1,500 Siding for Government trucks .. ... ... ... ... ... £400 Turntable for Government trucks ... ... ... ... ... 200 600 £4.400

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Labour handling Sands at Waikino, and Transport Charges. £ s. d. Six men daily shovelling sands, at Bs. per day, at £120 ... ... 720 0 0 Two men daily working turntable and trucks, at £120 ... ... 240 0 0 Labour shunting : 1 driver, 10s.; 1 fireman, Bs.; coal, lOcwt., 17s. 6d.; cleaner, 7s. 6d.; stores, ss. per day, £2 Bs. ... 720 0 0 Power required for motors 15 b.h.p. ... ... •■• • ■- 131 5 0 Repairs to conveyers, &c. : Replacing conveyer-belts every two" years, at 12s. per foot ... " - 840 0 0 Shovels, stores, belts for motors, &c. - ■ ■ • 25 0 0 Transit charges to Paeroa, — Dry sands, per annum ... ... ■ ■- 75,000 short tons of 2,000 lb. Plus 23 per cent, moisture ... ■■• 17,250 ~ ~ Wet short tons 92,250 of 2,000 lb. Wet long tons ... --■ 82,366 at Is. 9d. per ton ... 7,207 0 6 £9,883 5 6 Handling Slimes at Waikino, Loading direct from Baskets into Government Wagons. Capital Expend it ure by Waihi Company. Two turntables to take 20-ton wagons (gross weight about 12 tons), with, say, 17 ft. 6 in. centres of bogie carriages and 5 ft. centres of bogie-wheels. Diameter of turntable necessary, 27 ft. Coirt of ironwork for same ... ■■■ ••• £,00 concrete pit and runner „ erection ™ Siding approach to turntable, with a fall of 1 in 90 from Government rail-level to turntable; bridge over tail-race, &c. ... ••• - ••• I>o°o One locomotive for shunting • •• ••■ ••• ••- I,POP £3,450 Labour handling Slimes at Waikino, and Transport Charges. Locomotive shunting: 3 drivers at 10s.; 3 firemen at Bs.; fuel, 30cwt., £2 £ ». d--12s. 6d.; stores, 10s.; cleaner, 7s. 6d.; repairs, 55., £6 9s. 1,930 0 0 Labour handling trucks to and from baskets : Nine men, at Bs. per day ... ... 1,080 0 0 Transit charges to Paeroa, — Dry slimes per annum 225,000 short tons of 2,000 lb. Plus 30 per cent, moisture ... ■ •• 67,500 ~ ~ Wet short tons ... 292,50(1 Wet long tons ... 261,160 at Is. 9d. per ton ... 22,851 10 0 £25,866 10 0 Handling Slimes and Sands, Paeroa End,. Capital Expenditure by Waihi < ompany al Waikino; Tw., three-throw hydraulic pumps, 10 in. cylinders, 12 in. stroke, motor-driven, capacity £ 500 gaUons per minute at 100 ft. head; cost lauded, £1,000 each 2.000 Two 12 in. centrifugal pumps, electrically driven, oapacity 2,250 gallons per minute, with 25 b.h.p. motors attached; each £450 landed Foundations for installing pumps ... ' S Two sluicing-pits from trucks to centrifugals *" Water-supply to three-throw pumps ... •■• Half-mile of delivery-pipe from centrifugal pumps to dump, at -is. per toot foil One 100 b.h.p. gas suction plant ~™" One 100 b.h.p. engine and generator M»« Landing-charges n . , ,- , £1,645 3,290 Plant in duplicate \\na Flection of plant, buildings, switchboard, and wiring i>°»» Workmen's dwellings: Ten at £200 each <■>""" Workshop, fitted with tools, forge, &c. Electric-light installation ... • •■ ■■• ••• losno Land for dumping at Paeroa : One square mile. 640 acres, at £20 per acre _____ £24,650

Labour Charges, Paeroa find. Power required for driving plant. Three-throw pumps, 55 b.h.p.; centrifugal, 25 b.h.p.; light, 20 b h p s Fuel and stores, £800; wages, £450, per annum ... , Ln One electrician and two mechanics on pumps ' .7k Six sluicers, at 8s. per day ... Two men at dump, at 8s. per day . 040 £2.660 Summary on Scheme 2. Capital expenditure, sands, Waikino ... ... 4 1 00 ,, slimes, Waikino ... -i 4.EI) " tailings, Paeroa ... ... ... 24650 £32,500 Interest at 6 per cent., £1,950; depreciation at 15 per cent., £4,875... ... ~£6~825 Annual labour expenditure,— Sands, Waikino .... 0 OQ o b » d ,; Slimes, Waikino 25 866 . . ra f llln f', Paer ° a . - • 2,660 0 0 interest and depreciation charges ... ... ... 6 825 0 0 £45,234 15 (i On a basis of 300,000 short dry tons per annum, this method would cost 3s. o-|.l per ton rhe Government outlay for railway and rolling-stock would be, approximately: To deal with sands: Thirty-five 8 ton wagons, at, say, £150 each . 5 250 To deal with slimes : Forty 20-ton wagons, at, sav, £400 each 16 000 Haulage: Two locomotives, at, say, £2,500 each ... 5 ' 000 Extension of railway to dumping-site al Paeroa. sav. three miles al £4,000 per mile 12^000 £38,250 Scheme 3.—Estimates for Pumping Slimes prom Waikino to Pabroa. Duty : To pump 750 tons of slimes per twenty-four hours. Capital Expenditure. Power-station— Two gas-engine units, each 400-horse-power capacity, at £18 per horsepower erected complete with buildings... ... ... ... £14 400 Two 250-k.w. three-phase generators, at £5 per kilowatt erected complete 2^500 Switchboard, cables in engine-house, lightning-arresters, &c... ... 1000 „, • • ,- 17,900 1 ransmission-line — 320 posts, at £4, £1,280; 1,000 insulators, at 10s. each, £500: 12 tons oopper, at £100, £1,200; erection of line, £150 ... ... .£3,130 Telephones, lines, and erection ... ... ... '150 3,280 L'umping-stat 1011s — One tank and disintegrator ... ... "... £600 Ten three-throw- pumps, at £650 ... ... ... ... 6 500 Ten 50-horse-power induction motors with starters, at £4 per horseP ower , ••■ ... ... ... 2,000 Ten sets of transformers, at £1 10s. per horse-power ... ... 750 Ten sets of pipe-lines, with bends, stand, pipes, and valves ... ... 1,200 Five pumping-houses, and foundations for ten pumps and motors, and erection ... ... ... ... \ gQQ • 12,550 r lumiug— Launders, trestling, and collar launders for pump-discharge, 560 chains, at £25 per chain complete ... .. ... 14,000 Dumping-site— 640 acres, at £20 per acre .. ... ... ... £12 800 Six workmen's cottages, al £200... ... ... ... 1,200 14,000 £61,730

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Running-costs. Power-station costs — £ 400-horse power, at £12 per horse-power per annum, inclusive ... ... 4,800 Pinnping-stations — Five stations; one man per shift per station : Fifteen men, at £150 £2,250 Repairs and renewals to pumps and motors, including oil and stores ... 1 ,850 Two fitters, at £150; two labourers, at £125 ... ... 550 4,650 Fluming — Four carpenters, at £150 ... -£600 Timber and cartage ... ■•• ■•• ■•• 1,000 Transmission-line — One electrician, £150; one labourer. £126 ... 2 < D Dumping-site— Six men, at £125 ... ... --- --■ •■• ••• 76 ° 11,475 Interest. 5 per cent. : depreciation, 15 per cent, on £61,730 12,346 Total ... ... ... ••■ '--'3,821 Cost, per ton on basis of handling 225,000 tons per annum, 2s. I'4d. Scheme 4.—Loading Tailings into Wagons; Railage to Waihi oveb Government Link: Construction of ••', ft. 6 in. Gauge from Waihi to Reach: and Depositing Residues on Ska SHORE. t 'a/ufal Kxpenditurt . I'lant for handling sands, Waikino (as per scheme 2) ■•- ;-j.° slimes, Waikino (as per scheme 2) ... ■ ■• •■- •■■ 3,450 slimes, Waihi Mill, Grand Junction Con,pany, and Union Mill, say ... 7,850 Railway, 3 ft. 6 in. gauge, from Waihi to foot of Beach Hills, with sidings into Waihi Mill, Grand Junction and Union Mills, say. seven miles, al £1(1.000 per mile Mi.nun Tunnelling, about 10 chains; section of tunnel, say, 14ft. by 10 ft., bricked throughout, at per foot — Driving, 7 yards, at 10s. ... ••• •*;>] Bricks, 560 per foot, at £4 10s. per thousand 2 10 (, Mortar and cement; labour setting at £1 ss. per thousand ... II 6 Rails. 52 lb.; fishplates and spikes, per chain ... ... £7 0 0 Sleepers, thirty-three per chain, at 4s. 6d. each ... 78 6 Ballast, 33 yards, at 4s. per yard ... ••• 612 0 Labour, laying and ballasting ... ... • •■ 110 ° Cost per chain ... ••■ ■•■ ■-■ -£22 10 6 Cost per foot ... ... ... -■• •■■ 0 6 10 7 11 10 i| 'i o Contingencies ... ••• ■■• •■■ ■■• ■■■ " ■ 7 15 (i Cost of tunnel complete, about 2,640 ft. £20,460 Rolling-stock — _ __. To deal with Waikino Bands—thirty-five 8-ton wagons, at £100 each ... O,JOV slimes—forty 20-ton wagons, at £100 each. .- 16,000 Waihi, Junction, and Union residues ■ -- 21,250 Three locomotives, at £2,500 each ... ... ••■ ••■ ■•• '- 500 Discharging arrangements at beach end . Three three-throw hydraulic pumps, loin, cylinders, 12 m. stroke, motor-driven; oapaoity 500 gallons, at 200 ft.; £1,000 each ■■• 3,000 100 b.h.p. gas plant, engine, and generator, each £1,645, in duplicate ... ... 3,290 Reservoir 100 ft. above point of discharge, for sluicing water pumped from beach Piping from pumps to reservoir and sluioing-pits ... •-■ ••■ ■-■ J-'j' Erection of plant, buildings, foundations, switchboard, and wiring '.-> » Electric-light equipment •-- •• •■• ■•■ ••• ■■■ Workshop, with tools and outfit ■•• ■■■ *J™ Workmen's dwellings: Ten at £200 each ... •■■ _____ Total capital expenditure ... £166 ' 820 Interest at 6 per cent., £10,009 : depreciation at 15 per cent.. £25,023 £35 ' 032

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Labour Cliarges per Annum on Scheme j. Loading residues at Waikino (as per scheme 2) ... - * „ , " w aihi Mill, Junction, and Union, say ... 2'^' Haulage over Government line to Waihi of Waikino residues : 300,000 tons, at 3d per ton (allowance to Government for use of line) P Haulage of 300,000 tons from Waikino to beach, at 9d. per ion ~ 'I?J _, . . » >- Waihi Mills to beach, at 6d. per ton ... 7 \™ Sluicing at beach, 600,000 tons per annum- '" ' Six men at Bs. per day ... ... £ _„ Two drivers and electricians.. Zi) Power, pumping, fuel, and stores ... *„" Wages " ■■ 800 g ••' ■•■ ... 450 Repairs and maintenance to rolling-stock, say, £150 per month ?'JoS Interest and depreciation '" *' ow ... 3d,032 On a basis of 600,000 tons per annum, cost would be 2s. 53d. per ton. £'3,443

EXHIBIT 57. ANALYSIS OF SAMPLE OF RIVER-MUD FROM THAMES HARBOUR BY W. H. BAKER. B.Sc Sample forwarded by M,. A. Bruce consisted of gravel, sand, and mud s„ „, solid cake Sample dried, and sifted while dry into various grades, as follows:— A- On 30-mesh '.. . [ **£ **«■ B. Through 30, on 60 .. " " & [Z Z"'" C. Through 60, on 90] " £_ IfZ' ''"'" .. [] '.. Vl *!£ *. .Jffto c, T1 , .__ estimate gold-values. X - rhrou « h 160 426 Idwt. 12gr. no,-ti A , S th " n ' f , waS difficulty m separating the clayey material from the granular, a sampled portion was then washed, and graded while wet. -"■■■■pieu W i m., qii , i PwCent. Bilver. Gold. W.A. On 30-mesh .. .. .. .. i 9 .8 Tr W.B. Through 30, on 60 .. .. 1M Tra( .„ W.C. Through 60, on 90 .. , 8 . 0 i Hwt -t „, WD. Through 90 on 150 ... .. .. JJ J** j»g W.E. Through 150 53 . 6 4 j dwt 12 » r A contains pumiceous and rhyolitic grits, with crystalline quartz B contains the same in a finer state C contains the same in a finer state. D. Too fine to determine exactly the mineral composition, but contains quartz particles Ite too hne to determine. r W. H. Bakbb, B.Sc, Director, Thames School of Mines.

EXHIBIT 60. ESTIMATES OF AREAS IN OHINEMURI COUNTY DESTROYED OR AFFECTED BY MINING SILT OR SLIMES DEPOSITED BY FLOODS.

—,—, _.. ' ' 38—C. 14,

(Made by C. I{. Bellingham for Ohinemuri County Council.) ■ Survey Block. Total Area of Total Area Total Area Holdings. destroyed. affected. rt-atliou. VII and VIII j 2 ,189 2 0 *' "' "' [779 j 0 XIandX " 843 0 0 .. 843 0 0 5" I 3,324 0 0 137 0 0 2,955 0 0 -,,." . fV i 1,266 2 0 110 2 0 1.070 0 0 )hinemun, IX 518 0 0 .. 518 0 (1 AUI I 1,886 1 7 124 2 7 342 3 0 90.77 1 7 372 0 7 7,508 1 0

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Statement giving Name of Owner or Occupier and Area of Land destroyed or affected by Mining Slimes and Silt.

Owner or Occupier. , Area of Area Survey Block. Holding. destroyed. a L Area Area lestroyed. affected. Alexander, A. R. . • Young, A. Murdock, — Vowles, G. Bagnall Bros. Fisher, Amos Fisher, Bros. Fisher, Joel Fisher. S. . . Adolph, E. Stock, R. .. Vedder, C. J. Morrison, J. . Acres. .. Waihou, VIII ■• 150 164 178 98 :: r, " •• 2i3 182 171 174 198 .. and VII 126 215 *) 1174 150 2,139.1 I Acres. 150 60 50 90 213 182 174 174 198 126 195 50 1,779. Moore, W., sen. Johnston, J. Morrison, J. Paul, Mrs. Adamson. F. Waihou, XI and XII.. 183 185 .... 178 ", XI .. 97 2(H) 183 185 178 97 200 843 843 Thorp, J. W. Kennedy, A. P. Whitmore, C. Brunskill, H. Brunskill and Hunt McKee, James Laughlin, S. <). Laughlin, Mrs. Moore, W., jun. Johnston, J. E. Paul, G. .. Innes, F. M. Gillard, H. B Reid, J. .. Morrison, M. Robinson, T. .1. and A. R. .. Wight, A. A. Thompson, J. Rae, F. .. Tukekino Paul, W. J. Handly. -I. .. Waihou. XII .. 82 1" 23 4 24 I 86 110 io 115 72 42 1624 „ •- 162i „ •• m 107 108 • .. 96 " " .. 87 149 332 7 340 135 117 220 " .. Ill 251 in 42 4 19 I 20 20 io 100 72 373 12 162.1 1624 134 107 108 96 87 6(1 7 325* 330 135 50 220 111 251 3,324 137 137 2,955 Shaw, Edward Chamberlain, C. Tetley, Mrs. Crawford, D. Goonan, M. Hampton, T., sen. Ming (Native) Nicholls, Mrs. W. G. Clark (Native) Hampton, —. jun. Cooper, George Haora Tarcranui Handly, James Crosby, George Moore, F. Hone Hemera Tuati te Pa til Wight. W. ., Waihou, XVI 10 Nil 14 200 7 58 Nil 60 „ •■ 3. 20 10 3 3 14 14 26 20 246 15 80 130 " .. 31 10 248 85 30 30 8 n Nil 10 14 7 193 Nil 58 25 t3_ 10 10 3 14 20 6 15 200 80 110 10 21 248 85 30 li 6i i — 1,266. 110.1 lio.l 1,070 *.Ver badly. t Crops'destroyed.

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Statement giving Name or Occupier and Area of Land destroyed or affected by Mining Slimes and Silt— continued.

EXHIBIT Gl. SOUNDINGS TAKEN BY MR. E. SHAW BETWEEN THE CONFLUENCE OF THE OHINFMURI AND WAIHOU RIVERS.

Opposite old wharf at point ... ... is "ri coal-hopper ... ... ... ... ... 12 9 ,, Nicholl's launch ... ... ... • ... ,., ,, Horgan's house ... ... ... 1] q At Tapu Point ... ... ... ... ... 22 n At Suck-in Bay ... ... ... ... lfi At Sarah Hunia's hut ... ... ... ... , o ,. Opposite Karaka's hut in reach ... ... ... 10 0 ,, T. Shaw's in bend ... ... ... ... ... 21 n Four chains below willow in river at old mill ... 9 9 Between the two willows ... ... ... ... 5 n Opposite Gold-extraction Company's office ... ... ... ... 10 6 ,, Crosby's hay-shed in reach ... ... ... 9 6 ,, Cooper's house ... ... ... ..." 8 0 Immediately below Cooper's drain ... ... ... 4 9 Opposite mouth of Cooper's drain... ... ... ... 7 0 ,, Kuaoiti Creek ... ... ... ... ... jq q ,, Grant's house ... ... ... ... ... 21 0 ,, Gambling's house ... ... ... 100 In bend above Gambling's ... ... ... 9 0 Opposite Evans's house ... ... ... ... -60 All the way up reach at Evans's ... ... ... 60 For 10 chains balow Pereniki's Bend, average ... ... 4 6 In bend 1 chain below willow ... ... ... 17 0 One chain above willow ... ... ... 110 Soundings round the bend for a length of 5 chains are 3 ft. to 4 ft. Average soundings from bend to Railway Wharf are 4 ft. 9 in. All the above soundings were taken in the bends and deepest parts of the river unless otherwise mentioned, and on the top of the tide. E. Shaw.

(Iwner or (Iccupier. Hubbard Bios. » Survey Block. Ohineinuri. IX Area ol Holding. Acres, 518 Area destroyed Acres. Area affected. Acres. 518 Coote. James M. .. Vincent, Mrs. Thorp, A. J. Praati (Native) Wina Rapa Raru Hone Hereki Barratt, James Marsh, W. Tetley, Joshua Wight, Albert Crosby, G. Cock, F. .. Snodgrass, D. Ohinemuri, XIII .5 J, ., ,, ', JJ " J. -' J, 1, A. K. 1 1 0 3 1,556 0 14 0 13 0 9 0 7 () 39 3 to o in ii 14 0 6 0 ii (I 85 0 0 2 A. It. 1\ 1 1 (J 0 3 (I ,556 0 (l 14 0 0 13 0 0 9 0 0 7 0 0 39 3 0 10 0 0 III (I 0 14 0 0 6 0 () li 0 0 85 0 (I 0 2 7 0 0 (I 0 o I 0 0 0 0 0 0 0 0 0 7 J ) i l ) ) ) ) ) ) i ) I i A. 11. ,■ 14 0 (. 13 0 C 20 0 (J 5 (i I] 3(1 0 (I 3 0 (I 6 (i ii 3 0 0 30 0 0 0 2 7 ... It. 14 0 13 0 20 0 5 (l 30 0 3 0 6 0 3 0 30 0 0 2 p. n of 200 0 0 9 7 o 9f 0 12* i» 34 0 11 0 0 3 0 55 7 p. (I 0 I) 0 I ;» j j > li Of 200 9 7 H 12* 34 11 3 55 1,1 1,886 886 1 7 1 7 124 2 7 124 2 7 342J 342f * Badly.

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KXHIBIT 64. REPOKT AND ANALYSES BY DR. J. S. MACLAURIN, D.Sc, F.C.S.. O.N RIVER-BANK DEPOSITS. Dominion Laboratory (Department of Internal Affairs), Wellington, N.Z., 28th May. 1910. Report on Specimens Nos. A 401, 1-13, and A 497, 1-6. Forwarded by the County Engineer, Ohinemuri County Council. Paeroa. Particulars: River-bank deposits. Samples No. 401, 1-13, were numbered as received, no description being given. Iheiv was uo No. 3. A* Samples No. 497, 1-5, were described as follows:— No. 1, marked "A," was taken some distance above (he Mataura Dam, on the Ohinemuri River, well above all mining operations. No. 2, marked " B," was taken some distance below sample A on the same river, but still above all mining-works. . , No. 3, marked "(','' taken of tailings as discharged from the Junction battery. No sand tailings Filtered on vacuum filter, left damp. Solution filtered off quite clear. No 4, marked " D ": Sample of slimes as supplied by the Talisman Company. No. 5,' marked " E " : Sample of sand from Waitawheta Stream above the battery. The samples were dried and sifted, with the following results:-

It will Ik- seen that in the samples of genuine river-sands (497, 1, 2, and o) the percentage passing 120-mesh is under 10, while in-genuine tailings and slimes (49,. 3 and 4) it is over 98. Now in the remaining samples, with the exception of No. 7, the percentage of fines passing 120 mesh is in every case over 66. These samples therefore consist largely of tailings and slimes. Much more conclusive proof of this is, however, obtained when the percentage of silica in thf various samples is considered. This will be apparent from the following table: —

Percentages of Silica.

That portion of 101, 7. retained by the 90-mesh sieve was also analysed, giving 73 per cent. of silica.

No. I 30-mesh. 60-mcsh. (JO (2-) Retained by 90-mesh. 120-mesh. ; 200- mesh. (3J_ 1 (*■) 1 ( 5 -> Passed 200. vty i Total passed 120. (7-) i ol 1 2 4 5 6 7 8 9 10 11 12 13 t97-l 2 3 4 5 Per Gent Per Cent. Nil 0-08 0-14 0-76 0-10 4-51 0-09 1-68 Nil 3-62 1-21 39-45 Nil 0-09 NilJ 0-22 Nit 0-16 0-66 0-32 0-49 0-44 0-10 0-28 4912 42-54 . 26-41 53-87 Nil 0-16 Nil 0-15 ||61-00 , 26-61 Per Cent. 0-08 0-76 4-51 1-68 3-62 39-45 0-09 0-22 016 0-32 0-44 0-28 42-54 . 53-87 016 0-15 26-61 Per Cent. 0-64 0-63 0-46 0-64 0-47 39-66 2-09 0-40 0-08 0-18 0-37 0-16 5-42 8-40 0-22 0-20 1-37 Per Cent, Per Cent. Per Cent. 0-64 12-57 63-97 0-63 4-34 31-46 0-46 8-25 49-84 0-64 23-61 32-31 0-47 1 33 44-89 39-66 11-46 6-59 2-09 31-52 47-95 0-40 1-80 12-09 008 0-16 19-76 0-18 0-07 10-69 0-37 5-29 40-70 0-16 0-28 17-07 5-42 0-63 0-67 8-40 1-67 [3-80 0-22 1-47 21-45 0-20 0-20 0-80 1-37 152 1-43 Per Cent. 12-57 4-34 8-25 23-61 1 33 11-46 31-52 1-80 0-16 0-07 5-29 0-28 0-63 1-67 1-47 0-20 152 Per Cent. 63-97 31-46 49-84 32-31 44-89 6-59 47-95 12-09 19-76 10-69 40-70 17-07 0-67 [3-80 21-45 0-80 1-43 Per Cent. 22-74 62-67 36-84 38-67 49-69 1-63 18-35 85-49 79-84 88-08 52-71 82-11 1-62 5-85 76-70 98-65 5-07 Per Cunt. 22-74 62-67 36-84 38-67 49-69 1-63 18-35 85-49 79-84 88-08 52-71 82-11 1-62 5-85 76-70 98-65 5-07 Per Cen 86-71 94-13 86-68 70-98 94-58 8-22 66-3C 97-58 99-6C 98-77 93-41 99-K 2-2< 9-6? 98-1J 99-4! 6-5( Per Cent. 86-71 94-13 86-68 70-98 94-58 8-22 66-30 97-58 99-60 98-77 93-41 99-18 2-29 9-65 98-15 99-45 6-50

No. In Portion retained by 120-mesh. (Column 4, Table 1.) In Total passing 120-mesh. In Unsifted Sample. (Column 7, Table 1.) 101 1 2 4 5 6 7 ' 8 9 10 11 12 13 197 I 2 3 I 5 Waihi tailings 89-10 88-50 89-85 88-05 Undetermined 86-101 [90-50J) Undetermined 5-29 Undetermined 89-47 Undetermined. 81-10 82-62 87-22 75-63 86-80 89-15 75-05 84-07 79-25 84-58 84-60 53-45 61-60 54-57 59-25 71-63 Undetermined.| 77-72 57-00 61-20 Undetermined 88-00

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It will be seen that the average percentage of silica in the genuine river-sands (No. 497, 1, 2. and 5) is approximately 61 per oent., while in samples of tailings and slimes (497, 3 and 4) from (nand Junction and Talisman respectively it is 7T6 and 777 per rent., and in Waihi tailings 88 per rent. From these figures it is possible to oalculate the percentages of river-sands and tailings in the samples (401, 1-13) under consideration. This has been done, and the results embodied in the following table, taking (il per cent, of silica as representing river-sands and f<B per cent, as representing tailings and slimes: —

In this table the percentages shown for tailings and slimes must in several cases be considerably below the truth, since some of these samples are, no doubt, composed in part of Grand Junction or Talisman tailings and slimes, which, as already noted, have a much lower percentage of silica than those (Waihi tailings) taken as a basis of calculation. Samples No. 401, I—l 3, are described as follows:— No. 1. Netherton Wharf, below high-water level. No. 2. ~ above high-water level. No. 4. At Alexander's Wharf, at about high water. No. 5. ~ below high-water level. No. 6. ~ above high-water level. No. 7. From bed of river, about 30 ft. from Alexander's Wharf. No. 8. At Robinson's Wharf. No. 9. No. 10. From timber stacked about 50ft. from Robinson's Wharf. Xo. 11. From Thorp's orchard, near east fence. No. 12. From bank of river, 33 ft. from water's edge, at upper end of Thorp's orchard. Xo. 13. From water's edge at upper end of Thorp's orchard. J. S. Macladiun, D.Sc, F.C.S., Dominion Analyst.

EXHIBIT 68. APPROXIMATE TONNAGE OF GOODS CARRIED IN THE RIVERS TRADE MV NORTHERNSTEAMSHIP COMPANY. List of Tonnage of Cargo cahhif.h to and from Aucklano fob Six Months ending 31st March 1910. Inward, — Tons. Tons. Waihi ... ... ... ... ... ... 2,100 Waikino ... ... ... ... ... ... 1,200 Karangahake ... ... ... ... ... 1,200 Paeroa and river ... ... ... ... 3,600 8,100. Outwards for six months ending 31st May ... ... ... 1,092 To Aroha, Waitoa. Morrinsville, Hamilton, Frankton, Ngaroto, Te Awamutu, Cambridge, and way stations: Rotorua and way stations: for six months ending 31st May, 1910 ... 2.400 Ex p.s. " Kopu ": Coal, bricks, timber, from Auckland for six months ending 31st May, 1910 ... ... ... 1,200 Not including shipments of bacon, lard, skins and hides, &c., from Te Aroha to Auckland; also, this does not include bullion-shipments from here nor coal to this port by other vessels. M. Sii.cock, Acting-Agent.

! i No. Percentage of Tailings and Slimes. Percentage of River-sands. No. Percentage of Tailings and Slimes. Percentage of River-sands. 101-1 2 4 5 6 i 99-3 .. j 74-0 .. i 77-6 . 92-5 oil 36-1 0-7 26-0 22-4 |7-5 48-9 63-9 401-8 9 10 11 12 13 97-8 50-6 85-2 66-6 86-9 .. I 86-6 2-2 19-4 14-8 33-4 131 13-4

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List of Approximate Tonnage of Coons carried by Steamers to and from Auckland. Inward. Tons per Month. Tons. Waihi 350 Waikino ... ... ••• •■ 200 Karangahake 200 Paeroa and river. ■■• ■•■ " uu 1,350 Te Aroha, Waitoa, Morrinsville, Hamilton, Frankton, Ngaroto, Te Awamutu, Cambridge, and way stations: Rotorua and way stations; per month ... ... ••• ••■ *"0 Ex •' Kopu ": Coal, bricks, timber, &c, per month 200 000 Total inwards ... ■ -■ ■•• ■•■ 1,95 ° Outward. Tons P er Tons. Month. Paeroa, &c, to Auckland •■• 182 Inwards ... ■ ■- ■•• ls™ Outwards ... ■ -- ••■ ... 182 Total per month ... ... ■•- 2,132 \,,t including shipments of bacon, lard, skins and hides, &c., from Te Aroha to Auckland; also, this does not include bullion-shipments from here nor coal to this port by other vessels.

EXHIBIT 69. TABLE SHOWING TONS CRUSHED AND GRADE OF SAME, AT KOMATA REEFS REDUCTION-WORKS.

S. D. McMIKEN, Manage,.

Total Tons crushed. (3rade - On On On Passed Totals. Sands. Slin.es. 60-mesh, 90-mesh, 200-mesh. lOM perCent, per Cent. per Cent. per Cent, I Period before Tube-milling (1898 to end of 1905). 77,660 19.7(H) 27,960 19 . ' 15 30 ' 36 _ —-r c 34 66 I Period since Tube-milling (1906 to May, 1910). 96 050 44.220 51,830 I Nil 20 26 | 54 v_ , ■ r 80 Period since Formation of Company (1898 to May, 1910). 173 710 93,920 I 79,790 8 | 18 28 | 46 r ' ' , ' . 26 74 I ! Note.—The term "slimes" is applied to all material which passes a 200-mesh sieve, and the term "sands " to all that remains on a 200-mesh sieve. vr„ M „„„ lu.,,,,.,^,.

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EXHIBIT 72. ESTIMATE OF COST OF PERENIKI CUT, BY MR. E. F. ADAMS. SURVEYOR AND MINING ENGINEER, THAMES. SlR '~ Thames, sth June, 1910. In repl- to your telegram of the 4th instant, requiring the cost of the Pereniki cut I beg to reply that in my opinion the cost of the cut also implies other works on the river entailed by the cut. • Approximate Length ~.„,..„. in Chains. Approaches in Ohinemuri River to Pereniki cut ... ... 7 Pereniki cut through Kakanui ami Ouekaharau No. II Blocks 28 Old river-bed of Ohinemuri ami Waihou, requiring part securing ... 68 New cut, Opukeko Block ... ... ... ... 20 Soeuring final train of river ... ... ... 5 Total length affected, excluding new cut for Waihou confluence (approximate) ... ... ... ... *28 The minimum cost for the work I estimate as £40,665. The Opukeko cut is not charged as lined. No allowance is made for compensation or laml acquisition, or for drainage, Te Tawa Stream. old confluence, Ohinemuri meander, and Thorp's Bend. The Waihou cut, at confluence, would be a further charge of £4,000. Dredging would be required after floods. The work is not overestimated, in my opinion, in any particular. The quantities of Pereniki cut are worked from Mr. Bray's (County Engineer, Paeroa) levels, based on a minimum cross-section of 2,160 sq. ft. passing 15,000 cub. ft. per second. The cut through Opukeko Block has not been levelled, ami the quantities an- therefore purely assumption, but on the safe side. Filling approaches, Ohinemuri, giving 30 ft. width road on right bank £ of cvt —15,000 cubic yards at Is. 6d. ... ... 1125 Pereniki cvt —181,000 cubic yards at Is. ... ... 9050 Lining: Total length of lining, 8,000 ft. : piles, 12 in. by 12 in., 25 ft. long, 8 ft. centres, 300,000 sup. ft., heart of totaraj planking. 3 in., 441,000 sup. ft., heart of totara; walings, din. by Sin., seven = 224,000 sup. ft.: Total, 965,000 sup. ft. timber. Cost timber, working, packing plants. Arc. .. ... ... 14,475 Bolts for walings, 1 in., 18 in. long, 10,000 at 64 lb. = 64,000 lb. at 6.1. I*6oo Anchor piles every second pile, 500 at £2 ... ... . 1,000 Tie-rods to anchor piles, 6 ft. long, 1 in. bolts, at 18 Ib. = 9,000 Ib. at 6d- ... ... ... ... ... ... 225 Killing old Waihou confluence, to give backing to lining, 150 ff. at 15 cubic yards per foot = 6,750 cubic yards at Is. ... .HO Lining Waihou River, near Te Tawa Stream, and securing net* cob fluence, 1,510 ft. at £2 10s. ... ... ... ... ... 3,775 Filling at back, 1,200 ft. long, by 32 cubic yards per foot, 38,400 cubic yards at Is. ... ... ... ... ... 1 920 Opukeko cut (assumed), 120,000 cubic yards ... ... 6,000 Lining river below Opukeko cut, 350 ft", at £2 10s. ... ... 875 Filling at back, 350 ft. at 16 cubic yards = 5.600 cubic yards at Is. 280 Total ... ... ... £40.665 The lining allows for a height of 18 ft. The piles are driven 7 ft. below bottom. The planking is carried 3 ft. below bottom, is packed behind with rough stone, is vertical and nearly flush with face of piles: held in position by the walings and packing. I have, A-c, E. F. AIIAMS. Andrew Hanna. Esq., Solicitor, Waihi-Paeroa Gold-extraction Company.

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EXHIBIT 73. SOUNDINGS TAKEN ON THE 21st MAY, 1910, BY R. M. AITKEN, ON OHINEMURI AND WAIHOU RIVERS, From Waihi-Paeroa Goi.o-extraction Company's Plant-site to the Pukk Wharf. (Tracing of River- attached and Position of each Depth shown.) No. Depth of Water. No. Depth of Water. 1 .. 14 ft. 5 ft. tailings. 24 .. 16 ft. Rough bottom. 2 .. 15 ft. No tailings. i 25 .. 20 ft. 3 14 ft. fft. coarse sand. j 26 .. 6 ft. Rough gravel. ' 14 ft. 2 ft. coarse sand. 27 ..-. 8 ft. to 5 ft. Rough sand. 5 ..14ft. Hard bottom. j 28,29,30.. 8 ft. 6 ..20ft. Not bottomed. 31 .. 9 ft. 7 ..16 ft. Hard bottom. 32 .. 7 ft. 6 in. 8 .. 16 ft. 1 ft. gravel. 33 8 ft, 9 ..14 ft. 18 in. rough sand. 34 .. 9 ft. JO 16 ft 2 ft. rough sand. 35 .. 10 ft. 11, 16 tt. Hard bottom. 36, 37. 38 .. 9 ft. 12 .. 12 ft. „ 39, 10 Bft. 13 18 ft. 2 ft. < -oars,- sand. II 10 ft. 14 16 ft. Hard bottom. ] 42, 13 .. 8 ft. 15 lift. 2 ft. rough sand. 11.45 9 ft. 16 .. 16 ft. „ "5 •• 18 ft. 17 ii ft. Hard bottom. 17. 48, 49 .. 9ft. 18 .. 12 ft. SO in. rough sand. 50.51 10 ft. 19 12 ft. Hard bottom. 52.53 .. 8 ft. 20, 21 .. 10 ft. 54, 55, 56 ..12, ft, 22 lift. Rough bottom. 57.58 10 It. 23 12 ft. ~ 59,60 .. 12 ft.

EXHIBIT 75. BORINCS BY MR. C. A. HANKS AT PROPOSED PERENIKI-JUNCTION CUT. Dbab Sir Paeroa, 3rd June, 1910. As instructed by you, I have to-day put down a borehole, 11 ft. deep and about 9 in. diameter, on the course.,! the proposed Pereniki-Junction cut, on the Ohinemuri River, at a point about 2 chains from Pereniki's Bend, with the following results: — The first 6 in. was good dark soil: then came 4 ft. of brown and very sandy soil: and then sft 6in of very sandy clay. This makes a total depth of 10 ft., and at this point I came on to a stiff blue bog. into which 1 bored only 1 ft. Water was met with in the borehole at a depth of 6 ft. from surface. . . I do not consider, taking into account the increased velocity ol the water caused b* additional fall, thai this sandy class of soil would stand well on the banks of the proposed cut. Hoping this is all the information you require. Yours, «c., P. X. Kingswell, Esq., Auckland. ' • A, Basks.

EXHIBIT 76. PROPOSAL BY MR. P. N. KINGSWELL FOB CLEARING SILT FROM RIVERS g IR Swanson Street, Auckland, 7th June, 1910. As an effective remedy for clearing the Ohinemuri and Waihou Rivers of mining and river silt, I beg to submit the'following proposals on behalf of the above company, which I trust will be favourably considered by your Commission : — This company has now treated 32,800 lons of the cars,- sands from their Waihi claims on the Ohinemuri River, and, as you are no doubt aware, are now erecting large works at Paeroa. These are to cost over £40,000, 'and will be capable of Heating 500 tons per day, ground to all pass a 250-mesh screen, and should be ill active operation within eighteen months from date. This company would be quite prepared to double the capacity of the plant, at an estimated cost of 635 000 'provided that the Government, or any local body, would advance tins sum to this company, on the security of the whole of the plant and property, say. at U per cent interest per annum, repayable out of profits at the rate of £7.000 per year: and provided, further, that nothim- is done as a remedial measure that is likely to wash away any of the coarse sand out of the Ohinemuri River, such as the killing of willows in that river, or interference with its present course in any way. .... • j * j.^_ In addition to this and to work in conjunction with it. this company is prepared to enter into a contract for five or ten years. as may be agreed upon, with any local Board or authority for the dredging of the Waihou River anywhere between Netherton and a point five miles above the Junction, on the following terms and conditions:— Company is to find all plant and material, such as dredges, barges, elevators, and everything necessary to dredge and deliver the material on to any sit, or hoppers on banks of river, both of which are to be provided by and at the cost of the Government or controlling body

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Ihe material will be delivered into a chut, at -u,v h,,tel , ■ i , above water-level, and can then Ik- c„„ve-,.,.! ' ' " ,l ''l'or,-,1. but „„t exceeding 20 ft. cost of the controlling body Such Ino ■ Z Z V1 ™ W°" to land as desi ""* * the at any time lie more than one mik uTstrea™ 7 h" "S" SlUl:[ivd that *» dre «%e *& "ever must either take delivery a ~ c k'v- „ ,' ;, '"'V ** T B^-° r h ° Pper ' Controlling body working of dredge. ' TIM " v Qtloned '"' P rovide sufficient storage to ass,,,-, constant Wai1,,,,, River sand, mini tailings or slim he " m « 1« "' al «P«*. to whal is Know,, as river. " ot ° vtr 3 ft - ln d «P*h above original or main bottom of as iJribefZ^i,:;;:;; 1 ' 1 ;'.!; :z!Zz : \zzr iiy ?■ tn s r° ™ hi z — h ** «*. d^d and up to 10,000, sd. per -lev,, •'',.,', m °f IC * va 'i d : over I' 000 c « bic 7«** P« week ri c^rrf be profitable or saleable ' ° *'"' '" treat imv Bands that * &eir opinion to J:zZzz ZZzz zZzz t z t zz vial z u z' l we , ' :,n r dertak€ within «•« -««- per week if required ' ' a '" l W ' H "" ten months ]0 - 000 or »« cubic yards ta£ Ssl?h?sts IZ'it 5 hnn "-i, n - ,s, ;; ial,k ' Becu^ ,or the,h,e fuUUment <> f ■-• Yours, &c., "- ( ' h ~ Ohine i River-silting Commissi", ~i' ", " "r EXHIBIT 77. TONNAGES CRUSHED BY VARIOUS MINING COMPANIES IN OHINEMURI. 'Summary op Total Tonnages crushed. Waihi Cold mining Company (Limited), 1896-1909 Short Tons. Waihi Grand Junction Company, 1906-9 "' '" ",135,720 Talisman Gold-mining Company, 1896-1909 " ' " '65,985 New Zealand Crown Mines Company, 1891-1909 '" '" «2 7,361 Komata Reefs Con,],any, 1897-1908 '" '" "' 333,746 Woodstock Gold-mining Company, 1896-99 '" '" 1 °6»335 Waitekauri Cold-mining Company, 1896-1904 '" '" 27,583 Waihi-Silverton Gold-mining Company, 1897 " ' '" '" f'» 9 ~ Union-Waihi Cold-mining Company, 1901 '" '" ' Total ... ... 4,392,750

Statement showing Tonnages (Short Tons) crushed by various Companies.

E. and O.E. June 6. 1910. i harlbs Rhodes.

39—C. 14.

Year. Waihi Company. Talisman Company. Grand „ Junction r , Crown Company. ( '""Pany. Komata Wood- UriionC'ompany. n stock „ Walhi Company. Company. WaihiSilverton Company. Waitekauri Com],'v.' . I 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 38,539 45,658 87.280 ! 114,667 ! 125,453 j 178,111 i 201.023 I 259.082 ; 291.176 298,531 I 328,866 j 356,97. 393,214 I 416,813 313 3,765 8,528 10,824 11.014 13,762 [9,474 48,935 49,376 I 49,197 i 51,230 50,627 { 48,858 51,101 1,352 3,285 4,480 2,390 £8,812 1,170 12,939 8,660 1891 to 1909, 12,190 333,746 U780 ' 15,800 16,820 8,141 21,640 10.220 ■ 28,430 48,477 28,170 59,147 Nov., 1900, to Sept., 1901, 19,418 July, 1896, to .III,,,-. 1897, 7,707 2,606 15,165 23,346 23,518 26,198 25,606 25,820 4,984 1,652 i

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EXHIBIT 78. sTm-MI-'VI OF CAPITAL FOUND, DIVIDENDS PAID, AND EXPENDITURE BY MINING STATEMENI Ol lai ( . oMpANl^s ]N OHINEMURI COUNTY. Waihi Gold-mining. Company (Limited). £ 495,907 Capital ••• •• 84,582 l'reinia on sbares ■•• ■■■ ■•• 580,489 .„„ Q ... 7,220,624 Bullion to December, 1908 ... ■-• ••• 960 000 „ for 1909343535 - -343535 for live months, 1910 ... -■■ ••■ 9,104,648 , . t ion, 3,863,141 Less Dividends paid to Ist June, 1910 Cash assets on hand- £430,000 December, 190b ■■■ ••• . , „. Add for 1909 ... ~( )000 4,393,141 Estimated total expenditure by company on wages and machinery, fro. - £^71^607 Amount expended on wages during last five years,- 210,789 1905 ... •■■ ••■ •■• ••• ... 204,168 1906 .. ■• ■■■ •■• •'■ ... 213,806 1907 ■-• •■■ ••• ••• 232,458 1908 ... ■•■ •■• ■•• •• "' 222,191 1909 ... ... -■■ •■■ ••• '" £1,093,412 Revenue. Capital. £ £ Expended on revenue and capital for five years. 963 65,565 1905 ... ■■ ■■• ■•■ '" 66,465 1906 ... ■■■ ••■ ■■• '" 304,r>-",9 85,323 1907 ... ••■ ■■ ••• "' 326 233 65,190 191)8 . . -- ••• •■• ■■■ "" 337,175 74,273 1909 ... ••■ ■■• •■• "• £1,559,264 356,816 ■909 tonnage, 116,813, £960,000 Chas Rhomßi Men employed, say, 1,500, at Waini. Looal D i rec tor. Figures ok Companies other than Waihi and Talisman Gold-mining Companies. Monoy 'Expenditure. Dividends. found by Shareholders. £ £ £ m 1003 468,077 83.400 274,000 Waitekauri to May. 1903 ... -■■ ■■• 104 -,-,,; 149,385 Woodstock, June, 1899 ... ■■• •■■ 54 446 19 ,? 3 «■ "■'■ f'lonq '" 671574 70,000 204,000 New Zealand Crown Mines, August, 1909 ... s»m 28 "" ,8 ° Ohinemuri, September, 1901 - - •■■ 121302 106,000 (Jnion-Waihi, September, 1901 ... ■•- ■> : , I \'tu\ 33 33.-, 81.690 Komata Heel's, December, 1908 .. -- 2 50,74b Grand Junction, December, 1908 ... ••• iaVaii* 250.000 1909, and 1910 to 16th April N "l. , 764 ,".,.. T , iaQ v , 3,C,1 ■•■ -I,lo* Waitekauri Union, July, 1897 ... ■■- 6 259 Waitekauri Cross, December, 1897... --■ 35V00* Waihi-Silverton, June, 1899 31.660 fi 3>ooo New Zealand Jubilee. December, 190/ ■■■ -•- ig "" n ' '___ £2,296,784 £186.733 £1,184,868 35,000* Chas. Rhodes. 6th June, 1910. * For property.

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EXHIBIT 79. „,o,.os„, BI ME "•■ G - rgffi"!Ssas«g-«<*«»»*>— Deak Sih, — T;r , , , , Karangahake, 4th June, 1910 As an experienced dredgemaster and enirineer I he,, tn niw .t„ i.- ■ tion with the Silting of the Ohinemuri and Wan,, v Ki'c■ \£clf m - Z ™ conneeNo better settling-ground could be found for silt STn ttese two rfvere ti T» "* t \ y ° U ' bends and their willow-bound banks. No one who has in, '~■ d , ''ef/T'* *"S can doubt for a moment that they have priority in the h0h1i,,,,- ,,■ rIV , • , ° U SalU ' &r doul " u -"v ,,i r ■*> -s K& «""■ '■ * '~ d~^Zd d r^u,,r Dredging is certainly the only method for removing this material and -, , I wV , al a very much less cost, than many of your wit neJs haveltfrnated °° Uld * Pl '° CUred If the whole of the willows were removed, a out dredged up the river, say, 120 ft wide and hit. ol the- present accumulated silt removed, cutting .he worst of the p otru ling 1 ,nl s -,', the same time keeping as Straight a course as possible, this would Lave few,, f aril,, ,es S In" silt to settle, and I am sure would be effective. travelling With reference to the proposed cut at Pereniki's Bend, I certainly think that this would beKtoSflMftfm 7^thi? T k - to adv i nt T' : "" l ■■" » ■ """" --• 23! X 'milt al lion tli 000 to £13,000, similar in design to the larger type of the Kold-dredtres now working; and fitted with elevators of such a design as to deliver I he'material dredged on to tie 160tb!c^;d^ertu l ,. ChaUl " '"' «** if ~* «* *~5 After the dredge was supplied, the cost of dredging and delivering the material on to the banks would be about 6d. per cubic yard, including wear-and-tear, or £3,500 per mile of river which would take about twelve weeks to get over. ' The cut at Pereniki's Bend could be put through at about sd. per cubic yard, or £100 per chain, assuming the width of the cut to be 111 ft., by 18 ft. deep. " If the material was simply dredged and delivered into punts, no elevators would be required and the cost of a dredge would be very much less. ]he expense of dredging would also be less, and the material would probably be delivered into the punts at 4d. per cubic yard. I do not think the extraction-works would in any way be a drawback- if anything they would assist the clearing of the river, as the tailings treated are practically of the coarser class. The dredgings stacked by elevator along the river-banks would, in my opinion, form very effective stop-banks. These, if a mixture of clay, soil, and sand, would set firmly, as the material would be delivered from the elevators practically dry. The planting of the much-abused willows at a distance beyond the stop-bank, as closely together as possible, would assist in the binding of the stop-bank, and at the same time prevent the sand from blowing all over the country. If no further tailings were deposited in the river the trouble would be much the same as at present for many years to come, as so much has been already deposited that the rivers are much too shallow 1,, carry the flood-waters without overflowing, and the overflow would carry the loose sand already lying along the banks over the adjoining cduntry. I hay,- had a long experience iii dredging and hydra,die engineering, and feel sure that if a course was dredged, as alloc- suggested, which would clear the river bed of willow-roots and other obstructions, further deposits would be reduced to a minimum. Having to send the tailings to Waihi Beach by rail or otherwise would entail enormous expense, which would, no doubt, materially affect the mining industry in the locality. I have, .ye., Mr. VY. Ferguson, Chairman, Royal Commission, Auckland. \V. 0. Mouat.

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EXHIBIT 80. STATEMENT BY UNDER-SECRETARY FOR MINES OF GOLD DUTY AND GOLDFIELDS REVENUE, &c., PAID TO LOCAL BODIES. Return of Gold Duty and Goldfields Revenue paid to certain Local Bodies for Several Years, ending 31st March, 1909.

Boroughs. Cour Counties. ntic.-. :s. Year. Goldfields r.nlrt Dutv. t°}™;}?* Ohinemuri. _ Goldfields Gold Duty. Revenue. Pi Gold Duty. Piako. 'iako 3-. Goldfields Revenue. Thames. _ Goldfields Gold Duty. Revenue. I Thames. Wa Gold Duty. S*S£2. °°«™- Waihi. lihi. Goldfield* Revenue. £ _ 1888 .. 1889 .. 1890 .. 1891 .. 1892 .. 1893 .. 1894 .. 1895 .. I 891, 1897 .. 1898 .. 1899 .. 1900 1901 1902 1903 .. 1904 .. 1905 .. 1906 .. 1907 .. 1908 .. 1909 .. Totals . . Gold Duty. Revenue. Gold Duty. Revenue. I _ r _ d £ s. d. £ 8. d. £ s. d. 228 6 4 500 8 0 192 18 7 295 17 3 £__ 8 7 331 18 0 92 14 5 454 12 6 15 ig 2 64 7 5 51 4 11 195 0 0 gqg 8 2 217 16 7 88 19 1 203 4 0 ™ 0 2 172 7 1 82 16 0 99 15 0 1I48 9 2 52 2 3 63 11 5 45 4 6 _'507 13 94 8 0 47 18 0 69 5 0 I! 5 12 7 61 5 0 39 13 2 U 10 0 5 998 3 1 156 17 0 14 9 1 20 18 0 5 610 17 5 13,627 10 7 6 9" ' » 8018 6 9 1,722 11 4 16 0 0 9 17 6 12!637 1 1 319 12 0 8 18 7 -- 13 804 4 8 339 3 0 24 5 11 0 o 0 12755 0 7 4,413 0 3 102 17 0 33 4 2 -.I e',201 1 6 3 611 0 10 56 14 7 80 6 1 4 345 12 9 2,858 13 8 23 9 4 18 13 10 5579 7 1 2048 12 10 112 19 1 21 17 7 I! 4',133ll 7 2,498 18 2 23 9 0 49 2 8 5,689 6 3 2,222 5 6 58 4 3 98 18 10 5 736 10 7 2,252 14 8 26 17 0 91 3 o 7 447 12 11 2,871 0 9 1 16 0 165 12 5 6 497 0 8 2,498 6 9 .. 248 14 6 ___ _. ■ ■ 123,898 3 4 42,934 19 8 1,135 5 4 2.775 10 10 £ s. d. 878 3 2 : 1,072 14 8 i 850 12 0 1,134 19 0 1.302 17 7 1,138 9 1 1.181 19 2 926 12 7 928 8 10 427 19 5 . 394 0 6 608 11 9 977 19 3 j 102 17 0 832 7 6 j 1.308 2 8 ! 977 15 7 i 371 4 9; 614 13 8 760 10 6 686 7 9 463 5 6 £ s. d. 33 8 6 104 10 0 42 13 0 30 6 0 56 4 0 15 0 0 14 17 0 11 17 0 57 9 0 1 195 3 6 ! 96 6 0 63 6 0 ' 102 3 0 1,135 16 9 707 2 5 1 1.254 16 7 1,189 10 1 ! 893 15 4 I 1,141 16 10 1,145 19 6 907 15 2 972 5 4 £ s. d. (1411 12 3 1,158 8 9 1,179 2 4 1,028 17 1 1,078 16 2 557 10 7 ; 662 11 5 674 2 11 801 2 0 570 15 7 373 9 5 462 5 6 594 13 5 749 2 5 548 3 4 511 4 8 357 11 2 190 0 3 1,369 2 2 6,113 14 9 3.911 12 7 697 19 11 £ s. d. ; 16 2 0 20 18 0 25 4 0 20 18 0 17 17 0 1 19 0 5 14 0 1 0 0 14 12 0 1 10 0 5 1 0 2 13 0 3 7 0 85 19 8 55 8 1 88 9 8 140 8 6 54 14 7 77 5 7 105 10 6 89 6 10 85 5 0 . £ s. d £ s. d. •■ •• - •• .. " -• .. •• •• « .. 804 6 0 952 8 10 1,179 14 5 21,038 2 4 1,498 19 11 16,423 14 1 771 1 6 15,794 14 3 1,641 2 7 16,757 2 0 1,695 12 8 19,674 12 1 1,591 11 10 20,775 17 2 1,553 14 9 17,945 11 11 10,172 0 0 ! 24,236 18 8 919 3 5 j 112,220 16 9 9,931 17

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Statement of Amounts paid out of Mines Department Vote.

Counties. Year. Thames. Ohinemuri. Piako. Subsidies. Grants. Prospecting. > Subsidies. Grants. Prospecting. Subsidies. Grants. Prospecting. 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 £ s. d. 47 7 6 50 0 0 524 4 9 104 4 6 39 2 0 100 18 6 147 9 0 £ s. d. 1,658 13 10 1,278 4 8 ' 1,044 13 3 3,503 14 2 3,410 12 9 2,209 9 4 4,098 18 2 2,197 16 5 4,047 19 6 2,572 5 6 1,759 1 0 2,940 17 2 1,450 2 2 ! 2,710 6 2 3,838 5 0 5,645 7 10 £ s. d. 51 12 6 98 2 8 74 0 10 39 9 10 304 0 0 967 11 1 26 8 0 £ s. d. 549 19 10 22 5 0 1,106 5 1 516 7 2 894 2 7 58 6 3 51 15 0 391 7 6 283 10 0 15 5 6 £ s. d. 734 5 6 972 8 0 891 13 4 1,621 11 11 3,374 18 2 2,174 1 6 1,637 14 11 4,679 4 3 3,190 4 5 2,889 12 7 1.152 19 8 1,654 10 6 1,628 11 6 1,599 11 0 5,230 7 1 5,081 14 5 £ s. d. 25 0 0 •• .. - 14 0 £ s. d. 145 0 0 175 0 0 237 0 0 290 0 0 210 0 0 £ s. d. 2,084 _7 3 924 5 10 1,764 16 10 425 0 0 275 0 0 58 0 0 105 0 0 £ s. 5 _2 d. fl 100 0 0 16 0 0 23 0 0 75 0 0 100 0 0 25 0 0 465 5 6 ... ... 411 13 6 51 0 3 | 87 5 4 : 196 17 0 432 4 8 I ■■ •■ 116"7 6 Totals.. 1,603 11 9 44,366 6 11 1,561 4 11 3,889 3 11 38,513 8 9 1,244 4 9 1,232 0 0 5,753 7 5 5 12 6

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EXHIBIT 81. REVENUE OF WAIHI BOROUGH FOR YEARS 1903-9. Statement put in by Mr. Cotter, Counsel for the Ohinemuri County Council.

EXHIBIT 82. ANALYSES OF DETRITUS FROM WAIHOU RIVER, AND DEDUCTIONS FROM SAME, BY W. H. BAKER, B.Sc. g IB _ Thames Sohool of Mines. Thames, 7th June, 1910. In accordance with your wish, 1 am forwarding the results of assays and grading tests made by me of the portion of the Ohinemuri and Waihou Rivers near their junction. I have also taken the liberty of adding my deductions on the samples. 1 am, &c The Chairman, River-silting Commission, Auckland. W. tl. baker.

Cross-section of Waihou River at Thorp's, near Puke. Sample taken at 10.30 a.m., 30th May, 1910.

Diagrammatic Cross-section of Waihou Uivhe at ' bp'b, heab Puke, looking Down-stream. T.A. Midstream. River-gravels, chiefly pumice, with coarse sands derived from rhyolitic rock. Very little battery TB Under Vater Oft. from water's edge and at depth of sft. In appearance essentially battery sand. Contained T C hLh-waler marks, about 18 in. above low "vater level, and for distance of 30 yards. Obviously battery sands and slimes. Contained much slime. T.D. Above Swater mark. Evidently flood-deposit. Semi-plastic mass of sand and shmes. Grading and Assay Tests. Setmplt T.A. . , , , Assay Value |„-,' Ton. Mesh per Inch IV,-Gent. liM Silver. (Linear). Qr Dwt . 3U 110-8 .. Trace •• Trace. -30+60 • ■ 7-8 • ■ Trace • • l - 60 + 90 • ■ °- fi ' 18 20 _90 .. 0-8) Sam-pli T.B. + 30 •• O' 4 •• •: •• •', - mi + 150 •• ">■- _ L5O •• :? ' 4

.903 .904 905 .906 .907 908 1909 Year. £ 8,304 20.173 16,769 15,509 15,819 19,026 23.147 .-, ■_, .-. _ Goldfields Cold Duty. R^nue. £ £ 8,304 1,165 20.173 1,483 16,769 727 15,509 1.591 15,819 1,658 19,026 I ,56 i 23.147 1.518 Rates. £ 200 380 179 634 812 839 829 Total Revenue, sXy." £ £ 10,044 350 22,843 200 18,613 150 18,358 200 19,831 150 20,088 150 26.226 150 118.747 9,706 1,173 136.006

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Grading and Assay Tests. —continued. Sample T.C. Mesh per Inch p „ Assay Value per Ton. .Linear). '" bont - Hold. ' Silver. Gr. Dwt. + 30 .. 0-01 - 30 + 60 .. 2-1 - 60 + 90 .. 36-5 .. 30 .. 20 - 90 + 150 .. 18-9 .. 30 .. 20 150 .. 12-2 .. 29 21 Sample T.D. + 30 .. 0-0 -- 30 + 60 .. 0-5 - 60 + 90 .. 9-4 - 90 + 150 .. 8-7 .. -18 38 - 150 .. 81-4 .. 36 10 Conclusions obtained from this Cross-section. Where the river has its greatest velocity it is impossible for the buttery slimes to co-exist to any appreciable extent with the coarser detritus. Where the velocity is decrease,l cither by widening of the bed, by formation of backwater, by meeting deflecting points, or by the natural tendency of decreased velocity near its banks, a deposit of sands and slimes will take place in accordance with the principle of "equal falling particles." There will therefore lie a natural grading of the river detritus from the coarse in the midstream t>, the finest ~n the banks. Sample No. 3 (Pereniki's Benu, Right Baxk). Sample taken at 5.30 a.m., 30th May, WW. Sample obtained by tailings-sampler for a depth of IS in., along a line extending 2 chains, at a height of 6 ft. above low-water level. Mesh per Inch p „ . Assay Value per Ton. (Linear). rer cent. Go|d Bfl w , Gr. Dwt. + 30 . . 0-04 -30+60 .. 6-63 .. 48 25 -60+90 .. 38-73 .. 33 .. 17£ -90+150 .. 15-80 31 .. 18i - 150 .. 38-80 .. 27 .. 19* The sample consisted of angular particles of sand with very little clayey material; obviously battery-product. This sample shows that, although one-third is practically —that is, from a battery-man's point of view—in the form of slime, yet this slime will deposit in a backwater, and, by filling the interstices between the larger angular fragments, tend to prevent scour of the resulting mixture. Sample Xo. 19. Sample taken at 11.30 a.m., 30th May, WW. Taken from river-bank two miles below Puke, for a depth of 5 in. along a line extending 2 chains. Semi-plastic material. Practically all, with the exception of a little vegetable matter and o's per cent, of + 60 sand, passed through the 150-mesh. Assay value, 21 gr. gold, 26 dwt. silver. Conclusions derived from Samples Nos. 3 aud I.). In time of flood coarse and fine sands are transported together: but the water, being overloaded with suspended matter, has not time to sort the material into grades, so that when velocityis reduced a mixture of the grades is deposited as a bank or bar. Some of the material is, however, sorted, and the finer material only is carried down-stream. From these two tests, taken in conjunction with tests made at Wharepoa, Turua, and mouth of Thames River for the Thames County Council and Harbour Board, there is no doubt that there is a grading in longitudinal section similar to that shown in the accompanying cross-section. On account, however, of bends and varying velocities of the river, it is not possible to obtain an ideal longitudinal section. Svmple No. 22. Sample taken at Midday, 30th May, 19/0. Swept from bed of Ohinemuri River, H chains above the junction of the two rivers. Mesh per Inch „ „ ,-, , Assay Value per Ton. (Linear). 1 er I cut. GoW B;]ver _ Gr. Dwt. + :io .. 0-1 - 30 + (lo .. 3-2 .. 10 .. 7 - 60 + 90 .. 86-3 .. 34 .. 23 - 90 + 100 .. 6-0 .. 38 .. 28 -150 .. 41 .. 42 .. 37

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This sample consists essentially of battery sands, probably derived from the erosion of the huge deposit at Pereniki's Bend. The velocity of the current is not great enough to sweep the -60+90 particles into the mam river, but appears sufficiently strong to give them a rolling motion along the bottom, whereby they ultimately join the main stream. When the Waihou water joins the Ohineinuri the velocity increases sufficiently to carry these particles in suspension in the midstream, and then deposits then, in places of decreased velocity at the sides. Samples taken of river-gravels in the bed of the Waihou, one mile above the Junction : in the bed of the Waihou at Thorp's, near Puke; at a point two miles below Puke; and samples graded from material in river-bed at Turua and mouth of Thames River, prove that the coarse natural detrital matter carries practically no bullion. This material is obviously derived from the com,try iock in the watershed; but, as the fines! material taken from the river-banks invariably shows bullion in appreciable quantities, it is evident that the source of some of the fine material is not the same as that of the coarse. In my opinion, the only possible source of the bullion is the residue iron, the treatment plants of the Ohinemuri Goldfield. With regard to the Waihi Mine, the ore consists chiefly of quartz, and after crushing even to a 200-mesh the quartz will retain its crystalline character, and deposit in favourable localities. All crystalline particles, or any particles nol in a colloidal state, will lend to sink in still water at a rate depending directly on their mass and inversely on their surface. But, as the mass is a function of the cube, and the surface is a function of the square of the linear dimension, the rate of sinking will directly depend on the size of the particle, assuming, of course, the same cornposit ion. The smaller particles therefore take longer to sink, and accordingly are acted on for a longer time by the current, and are thus transported further than the larger. Their ultimate arrest will depend on meeting still water for a period which will Ik- short in shallow and longer in deep water. With regard to colloids present, a certain amount of quartz in all reefs is of the amorphous variety, and in milling operations a certain amount of country rock containing kaolin is necessarily crushed with the quartz. This material may Ire mechanically entangled with a certain amount of quartz, and this gives rise to the erroneous idea that because a certain amount remains in suspension the whole of the - 200 material is doing so or will do so. It is evident that the greater part of this material will deposit near the banks of the river, and part will be distributed over the estuary at the mouth of the Thames. If a system of dredging and easing of banks is resorted to, it would improve the navigation of the river and decrease the liability to flooding, but would also lead to the formation of shoals and bars near tie- mouth of the river, and to further shoaling at the Thames Wharf. If, however, the dredging operations were intended for the length ~f the river and included the Thames Wharf, the silt-deposit would cause little damage. W. H. Baker, B.Sc, Director.

EXHIBIT 83. STATEMENT BY MB E. F. ADAMS AS TO LIFE-HISTORY OF PARTICLES IN MIDSTREAM. Travel op Float ox Waihou Rivbe, Midstream Current, i*rom Ohinemuri Junction to Firth OF Thames. Total Miles. Ist hour's travel, f mile on ebb .. .. .. .. •• • • ■ ■ I 2nd „ l| miles „ .. .. .. • ■ ■ • • • .. 2 3rd „ U „ „ 3 £ 4th „ U „ 5 sth „ lf„„ .. • • H 6th „ 2 „ 8j 7th ~ 2 „ „ (Hikutaia) .. .. •• •• ■• 10f 1\ „ | mile ~ (meeting flood) .. .. •• ■• .. 11J Bth „ Mil ;on flood . . .. .. - - ■ • • • .. llj 9th ~ \ mile on flood .. .. .. .. .... ..11 10th „ ll miles „ .. .. •• •• •• .. 9 j 11th „ l r „ „ <' 12th „ \ mile (meeting ebb) .. .. .. •■ .. 1\ 13th „ J „ on ebb .. .. .. •• •• •• ..8 14th „ 11 miles „ H loth „ 2J „ „ (passing Hikutaia) .. .. .. •■ ..12 16th „ 2J „ „ l*i 17th „ 2! „ „ ]H 18th „ •.'!„„ IBf 19th „ l\ „ » (within 2\ miles of Kopu) .. .. .. ..201 20th „ Nil; on ebb and flood .. .. .. •• •• ..201 21st „ I mile on flood .. .. .. •• •• •• ■■ |(| ! 22nd „ 1 i miles „ .. .. .. •• •• •• .. 17| 23rd „ 2| „ „ 15J 24th „ Nil ; flood meeting ebb .. .. •• •• •• .. lo.'

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STATEMENT „V „,-. ~ P- 'DAMS is T0 UK,,,,,*-,,,,,,- 0F „ AllT|ru , ;s „ Ml DM \\V.AM— continued Travel ok Float oh Waihou River, Mi DBT rea M Current, ekom Ohinemuri ~U N( - tiox to „-,,,„ OF I EUMBS -continued. 25th hour's travel, 1 mile on el,I, TotalMfles. 26th „ 24; miles „ '' '' ■ • • ■ • • 16* 27th „ 2\ " " •• " •• •• ■• 18|S " f " " (paSSing K ° PU) •• ••' -'• -'•' "' 24--30 th 9 JL„,,i -, ■". (three-quarters of a mile outside fairway buoy)' 26 XT™ " J miles °ut, 1 mile m (meets rising tide) - y> 7Z 31s t „ li miles on flood " '' ■' ■• 21 32nd „ 1* „ „ • •• 25| 34tn \\ 'J, " '.] " [[ " " $ 35th „ Meets'ebb ".. " " " " • • 20J 36th „ j m i]e on ebb .. " "' " ■ • -20* 37th „ 2|- miles „ (passing Kopu)' '.'. \] " • f *t „ „ (one-quarter of a mile beyond fairway buoy) 2.4 E. F. Adams, Survey,,r and Mining Engineer, Thames.

EXHIBIT 84. Clearing the River.—The Gold Duties Act. StR >— [To the Editor of the Ohinemuri Gazette.] On all sides in Auckland one can hear expressions of sympathy for Paeroa in its mis fortune and t need not say after the many happy years I sp„„ j n pLoa - deeply I the d.seoml,,rt and misfortune thai Wednesday's flood has brought YOU. I trust, however Vl- the Commission whu-h is to be appointed will be of some benefit ' aowever, tn.it tin The work Of Clearing the Ohinemuri River of tailings has a very strong claim on the Gold Duties Act passed originally ,-, 1903. The original Bill introduced by the Bon .lame \' tew' provided for the Government having power by Order in Council to divide the gold duty Thfs arbitrary power was strongly opposed when the Bill was i„ Committee, asgivinfthe Governmen too great opportunities for bribing ~,- penalizing any one portion of the electorate Subsequent y he , was amended m.the Bouse and passed so that the division be on the recommSCof he Warden after the van local bodies had had an opportunity of stating their ease before him I tried on several occasions to get the Government to authorize the Warden o hold an inquiry and divide the gold duly, but failed. Mr. McGowan, the then Minister of Mines, would not consent unless the farmers first rated themselves. When the Bill was in Committee, and also when the B was passing through the House, I emphasized the fairness of using the gold duty i„ part at -ill .■vents, m mitigating the damage caused to the farming commuuity in the winning of that duty I his argument appealed to a number of country members representing farming electorates in' Vill ' s l' ar,s ol New /calami, and materially helped in getting the Bill passed I pointed out then, and still wish to urge you to bring before the Commission, the importance Ol making an overflow channel from the Railway Wharf to the Junction. Even as far back as ten years ago the big bend in the river between the Railway Wharf and the Junction was rapidly being filled up by the silt, and the willows were still more rapidly blocking the channel and retarding the low ot the water. I need not detail the many efforts mad,- by me 1,, endeavour to persuade the Government to obtain other reports than Mr. Perham's and to authorize the Warden to hold an inquiry to allocate the gold duty, as these facts are well known to the many Paeroa residents who spent time and money without stint in assisting me in mv endeavours to show the authorities the necessity and fairness of doing both these things. Mr. McGowan's repeated refusal to authorize ihe Warden to hold an inquiry unless the farmers were prepared to rate themselves was a distinct admission that the farmers had some claim on the g° ld dufc y- I am, he., Auckland. 2nd April, 1910. E. G. B. Moss.

The Main Road. The damage caused to the main Paeroa-Waihi Road by the recent Hood must necessarily bring into prominence the question as to the payment of the cost of repairing and maintaining this road. It will be remembered that for some time the W'aihi Borough had to pay to the Ohinemuri County twothirds of the cost of maintaining the road, up to a certain amount per annul,,. This arrangement continued for some veins, until the Waihi Borough Council—doubtless wanting all its enormous gold revenue for luxuries in the Township of Waihi—made application for amendment of the award under which Waihi contributed towards the maintenance of the Paeroa-W'aihi lb,ad. Ihe question was reopened, with the result that the Commissioner appointed to go into the matter decided that it was not equitable that Waihi should pay anything towards the cost of this road. In our own opinion this decision was entirely wrong, but as apparently there was no appeal from the decision

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of the Commissioner the matter was allowed to drop. But now an entirely fresh set of circumstances has arisen. The road has been washed away, and the cost of repairing it is going to run into thousands of pounds. The chief users of this road are the carters to Waihi, and during the time the railway seivice was suspended owing to the flood Waihi people who wanted goods from the outside world had to have them carted over this road or go without. Moreover, Waikino, although an important part of the county, produces but little county revenue, although the Waihi Gold-mining Company's big reduction-works are situated in the Waikino Township. There is, of course, no reason why the Waikino residents should not be just as free from rates as those who live in Waihi, seeing'that both are to a very great extent dependent on and working for the Waihi Gold-mining Company, from which company conies most of the gold revenue that provides the lucky Waihi people with all sorts of luxuries at no cost to themselves. But the point is this: the whole of the traffic from Karangahake to Waihi. and a great part of the traffic from Paeroa to Karangahake, is in connection (directly or indirectly) with the mining operations at W ailu, and it is only right that portion of the gold revenue resulting from those mining operations should be spent in maintaining the main Paeroa-Waihi Road. Municipal gasworks, municipal bowlinggreens, subsidies to municipal bands, fine footpaths, and so on are very desirable no doubt, but when it comes to a question of deciding between these and similar luxuries and the question of paying for necessities such as a main road to the outside world, the people of Waihi should see that they ought morally at least, to contribute towards the maintenance of that road. If Waihi people will not be reasonable, the County Council will have to take such steps as will bring it home to them that the county has not the money nor the inclination to spend the greater part of its revenue in maintaining a road that is for the benefit of an industry from which nearly all the revenue is spent elsewhere. Doubtless this matter will be discussed at the meeting of the Ohinemuri County Council to-morrow, and the decision of that body will be awaited with interest.

EXHIBIT 85. REVENUE OF OHINEMURI COUNTY FOR YEARS 1906-10.

EXHIBIT 86. LANDS HELD BY EUROPEANS, NATIVES, AND THE CROWN IN OHINEMURI COUNTY. Particulars of Native and Crown Lands in the County ok Ohinemuri (not including Crown Lands within the Goldfields Area). Rateable Lands. —Native lands occupied by Europeans, 6,266 acres 2 roods 33 perches: occupied Crown lands, 14,738 acres and 23 perches. Land held and occupied by .\ at ires, upon which rales can only be enforced with consent of Native Minister, 22,042 acres and 14 perches. Non-rateable Lands. —Unoccupied Crown lands, 95,093 acres and 12 perches. Native Lands. On East Side, of Waihou. —Held and occupied by Natives, 2,285 acres 2 roods (i perches ; owned l,\ Natives and occupied by Europeans, 1,5(1-1 acres •'' roods 15 perches. On West Side of Waihou. — Held and occupied by Natives, 19,756 acres 2 roods 8 perches; owned by Natives and occupied by Europeans, 4,701 acres 3 roods 18 perches. Occupied Crown Lands. On western side of Waihou River, 401 aces 3 roods 9 perches : on western side of Piako River (near the foothills), 14,336 acres 1 rood 14 perches. The greater portion of the land on the western side of the Piako River is rateable this year for the first time, being held under leases which exempt from rating for a fixed number of years.

31st March, 31st March, 31st March, 31st March, ; 31st March, 1906. 1907. 1908. 1909. 1910. I J Goldfields Revenue and Gold Duty received by the Ohinemuri County Council. | £ s. d. £ s. d. I £ s. d. £ s. d. ' £ s. d. Goldfields revenue .. ! 2,044 5 10 2,737 12 7 | 2,751 18 9 2,449 12 9 2,449 0 10 told duty .. •• ' 5,254 0 3 5,466 9 7 | 7,197 14 7 6,996 15 9 5,953 9 0 Government Grants received by the Ohinemuri County Council. | 1,563 11 11 | 1,785 14 3 | 1,634 14 0 | 7,278 1 10 | 8,124 7 3 General Rates received by the Ohinemuri County Council. | 499 1 0 | 801 5 1 | 795 11 5 | 556 13 3 | 1,599 2 11 Aid to Prospecting. — Amount paid out of County Fund during the Years ending as above. 344 15 0 I 61 0 9 52 19 0 269 0 6 | 389 9 4

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EXHIBIT 88. MUNICIPAL ACCOUNTS OF THE WAIHI BOROUGH FOE FINANCIAL YEABS 1903-9. Waihi Borough Council.—Balance-sheet op the District Fund Account for the Year ending the 31st March, 1903. I. General .Account. „ , Beceipf. £ a. d. Expenditure. £ „ d. Rates, general 200 17 7 Administration,— License fees,— Salaries £628 5 1 Publicans .. .. E166 0 0 Mayor's honorarium ..' 350 0 0 Auctioneers .. 10 0 0 Legal expenses .. 218 5 Ii Vehicles .. .. 21 16 0 Printing and advertising 20fi 3 6 rlvers •• •• 2 5 0 Travelling-expenses./ 258 13 Ii Kerosene .. .. 4 0 0 _____ i ««, - * Billiard-saloon .. 10 0 Miscellaneous,— Slaughterhouse .. 10 0 R ent £28 j, - Building permit .. (I r, 0 Petty cash .. ['. 55 0 0 ~ . . . - 205 6 0 Government valuation roll 40 0 0 Gold duty on account 8,304 0 0 Accident insurance .. 42 10 0 Goldfields revenue .. .. .. 1,165 311 Stationery .. 37 14 11 Fees and fines, per Court ... .. 22 19 6 Election expenses .'.' 161 8 0 Dog-registration .. .. .. 115 J 6 Interest on overdraft and hank forfeited deposit, Mayoral election .. 10 0 0 charges 47 4 n Sale of electoral rolls 414 0 Expenses « financial 'adjustSale of by-laws 013 0 meat with county .. 18 7 0 Private crossings .. .. .. 6 14 9 4..,, . - . Water-supply service .. .. .. 313 6 Public works,— Driving-fees from pound .. .. 114 0 Roads and footpathsDonation for library 10 0 Day-labour .. . 5 197 10 8 Miscellaneous receipts 116 1 Breaking metal .. . " 1013 9 8 Balance, 31st March, 1903 .. .. 4,424 810 Carting .. .. .. '.'. 1,775 3 2 Timber and material .. .. 1,612 19 6 Metal 982 10 8 Permanent levels .. .. .. 135 0 0 Bridges .. .. .. .. 31 2 6 Report on waterworks .. .. 25 0 0 Report on drainage .. .. .. 15 0 0 Report on gasworks .. ~ 10 10 0 Report on electric light .. .. 10 10 0 Plans and surve3'B .. .. .. 55 2 6 Plans of abattoir .. .. .. 14 14 7 Water-supply service .. .. 43 5 5 Watering streets .. .. ~ 7 2 4 Prevention of fire,— Subsidy to brigade .. £50 0 0 Material and appliances 88 12 6 Turn-outs to fires .. 318 6 Rent of station-site .. 1 10 0 Watchman .. .. 9 11 0 Premium design for station 5 5 0 158 17 0 Hospital and charitable aid, — Thames Hospital .. £72 7 6 Thames Charitable Aid Board 86 0 6 _ . 158 8 0 W aihi School of Mines .. .. .. 100 0 0 Waihi Public Library .. .. .. 79 12 0 Waihi rifle range .. .. ~ 5 0 0 Section 159, Municipal Corporations Act, 1900,— Peace celebrations .. £13 18 8 Waikino Public Library 10 0 0 _ , 23 18 8 Local Authorities Indemnity Act, 1902,— Coronation celebrations— Children's treat .. £50 0 0 Recreation-ground.. 13 10 6 Expenses laying Hospital foundation-stone 36 13 3 Waihi Hospital .. 63 6 9 163 10 6 Dog-registration .. .. .. 26 6 9 Donation received and paid to library .. 10 0 Driving-fees to Cattle Ranger .. .. 1 14 0 Horse-feed .. .. .. .. 518 9 Plant and appliances,— Water-cart .. .. £20 15 0 Fire-bell .. 47 6 7 Lamp-posts .. 84 14 6 Footpath-roller .. 17 2 6 — 169 18 7 Office furniture and fittings .. .. 18 16 5 Landed property,— Haszard Street .. £148 0 0 Moresby Avenue .. 130 0 0 278 0 0 Expenditure on Paeroa-Waihi Main Road, section 218, Municipal Corporations Act, 1900 £98 18 11 On behalf of Ohinemuri County Council (to be refunded) 139 17 4 238 16 3 Miscellaneous expenditure .. .. 17 13 10 £14,468 14 8 £UA6&14~8

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11. Separate Accounts. Contractors' Deposits Accounts. £ s. d. £ s - ''• Deposits received »•' Deposits ,-ch,..cl<-<l 80 0 1 Balance, 31st March, l!M),i .. .. IV V V £19 0 0 £19 ° ° Statement of Balances, 31st March, 1903. £ s. d. £ "■ * General Account,!* 4,424 810 National Bank of Ne« -Zealand.- 474702 Contractors-deposits accounts, Or. 10 0 0 No. 1 Account, ftr. .. .. -- «wj, > * 4,276 19 11 Unpresented cheques .. .. •• 8 J1 Dr. £4,414 8 10 £4,4U_8_10 Statkment of Assets and Liabilities at 31st March, 1903. Assets £ s <1 Liabilities. £ s. ,1. General rate outstanding ".. .. 2116 7 Balance, No. llBank Account .. -- 4,747 0 J Governm.-nl. subsidy on "ate .. .. 50 4 4 tj .1 presented cheques .. .. 37 811 Balance at credit, No. 1 Bank Account . . 470 0 3 Accounts and wages .. .. 00 -\, . . .. r>,769 10 10 Contractors' deposits . . .. • • W " « * S»™,,p 129 0 2 Liability to Ohinemuri County Council Goldfields reyem 81,5 3 un_er award, as per Gazette No. 20, Coronation subsidy .. •• •• 01 . , '.„„.. Expenditure on Pacoa-Waihi Main Road 19th March, 1903,--to be refunded by Ohinemuri County Boroughs share of excess yf ~ J 139 17 4 of county's liabilities over Rates'collected by Ohinemuri County assets, 31s, Man-h. 1902 £1,594 19 I award .. -'- .4 14 8 "g >J j Proportion of maintenance, Paeroa-Waihi Main Road 4.455 12 8 6,169 9 7 Cost of award .. • • • • 44 9 8 £6,946 16 6 ______-*? ifaoZ Propert-/. £ s. d A****"* 4«**. £ j A £_«?« :: :: 5 SSs-J- » 3 S Section Part 20, Haszard Street .. .. 148 0 0 Office furniture 200 0 0 BKiiniuwiiv, Ci .„„ of 60 0 0 I Fire-brigade appliances .. .. 4W V V Reserve, Toomey Street .. ■■ •• ™ « " » , '| , 300 0 0 Waihi Water-supply Reserve .. ; . °? Water-supply works .. sqoo Abattoir Reserve l-( » 0 °L°" b beT c a nd tool-shed " .. .. 50 0 0 Silverton Quarry Reserve ■• •• HO 0 0 Tauranga Road Qua,,y P.,,, ye g-* -d^f-«• •; . 15000 Pound Quarry Reserve Waitete Quarry Reserve .. Reserve.JMitchell Street .. • • • • • • £918~0~0 £U«0_0_0 Statement of the Public Debt of the Borough of Waihi on the 31st March, 1903. Portion 0/ Inscribed Loan of £1,348 9.. 10_. to Ohinemuri County Council under the Government Loans to Local Bodies Act, 1880. \mount allocated to Waihi Borough Council in financial adjustment (New Zealand Gazette No. 20, 19th March, £ s. 1903); at 4i per cent, per annum, £23 3s. lOd. for interest and sinking fund 615 7 4 Statement of Reserves and other Real Estate under Regulation 26. Part. Section 20, Haszard Street, 37 ft. by 66 ft., Fire- Mitehell Street Reserve. Part More by Avenue, 60 ft. by 66 ft Quarry Reserve Waitete Creek sa. 2, 23p. Part Sec on 31 Haszard Street. Borough Office>ite. Pound Quarry Reserve, 3a. Sr.29p. \bat o1 a" 1 Pound Reserve, 50 acres, Waitete Creek. Silverton Quarry Reserve oa. Sr. SOp. Water" up,,iy Reserve, 215 acres, Mangatoitoi Creek. Tauranga Road Quarry Reserve, 3a. Sr. H. D. Morpeth, Town Clerk and Treasurer. Examined and found correct.—J. K. Warburton, Controller and Auditor-General.

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Waihi Borough Counoil—Balanoe-shebt of the District Fund Account tor the Year ending the 31st March, 1904. I. General Account. «General rate, .902-, .?"**. . .. „{ }% I Balance> M ,£ | J ..,,:• Iln l9oB - 4 259 2 9 Administration,— 810 Additional 10 pcr cent, on overdue rates.. 10 9 3 Salaries .. £944 11 « on general rates .. 103 12 10 Mayor's honorarium . '. 200 0 0 . . £164 10 0 -feln XpenSeB •• 125 15 5 Auctioneers " 20 0 0 Travelbng-expenses .. 252 16 6 ." chi(los • ■ 14 10 0 Miscellaneous,- 1 5 23 3 7 K nVeTS ■■ ■■ I 2 6 Stationery .. . £24 13 I SSEC__ " "J J { and advertising 5} " { ■> v- i ~,. ■• •' v J Pcttv cash .. so in I übhe building .. 12 10 0 Interest on overdraft and " OHO bank charges .. 297 18 6 nuii,n„_ p, inuts .. 015 0 Government valuations 719 0 ~ ~,, . . 230 17 6 Election expenses .. 80 8 '1 £TL d _ f 20,173 10 4 Rent . |o 18 (1 OoHflelds revenue j, 48 3 12 1 Horse-feed .. " »« 2 M-s and ~,,,,. p ,. Courts .. 49 18 0 Plans and surveys .'.' 11l Mnml'i "" , ' x '""' l,, " ,< ' " pronation .. 8115 3 Accident insurance .. 96 14 Deration V. \\ \\ 34 " 6 on electric light 38 14 8 ■Sale ot by-laws ni i o i • • ' ' lo Id 4 Sale of ZcW rolls .'.' " " 3}« o t^TT Private crossings .. "' All tauranga County .. 22 10 0 Refund from f_nemuri County under Dr" Ohinemun County 5 6 I •• '.. .. 205 12 3 Sanitation ~ 7 Jj° {* J Public works—Roads and footpaths,— Day-labour .. £3 ?6 19 19 4 Metal .. .. I>lB2 1 3 Breaking metal .. 1,181 15 5 Timberjjgl.. .. 835 2 10 Carting!..'!.. .. 2,151 17 4 Material and tools . . 190 10 10 Co-operative labour .. 242 14 3 £ M ■■ ■■ 55 12 5 .Permanent levels .. 90 1 0 p kr 9,556 1 2 Public reserves .. An ~ ~ Music Hall .. " IT ,1 „ Water-service .. .'.' *g {[ ° Lighting streets .. " 990 \a Prevention of fire,- " '' " 14 b Subsidy to brigade .. £75 0 0 Turn-outs to fires .. 919 6 Brigade appliances .. 12 411 Fire-brigade Station .. 377 15 2 474 19 7 Dog-registration .. 1 k c. A Subsidies,— " •" »6 6 9 Waihi School of Mines .. 100 0 0 Public Library .. .. jOo n t\ District Hospital, Waihi ,\ \\ 750 0 0 Bowentown landing-shed, Katikati Road Board (section 45, Municipal Corporations Act, 1900) .. .. . lr, () 0 Section 159, Municipal Corporations Act, 1900 : Grant to Waihi Cemetery Trustees .. 0-0 Charitable aid .. '.'. "g {i Y \ Water-conservation reserve .. .. 65 8 8 Payment under award (Gazette No '>0 19th March, 1903), Ohinemuri County Council, — Maintenance Paeroa-Waihi Main Road .. £8,119 15 11 Share of overdraft, &c. 1,711 7 4 Half-share cost Dr. Giles's arbitration .. 15 3 1 Interest on Government loan .. .. 46 7 8 Treasury, half cost of award .. ' 44 14 10 Maintenance Paeroa-Waihi Main Road (section 218 of Municipal Corporations Act, 1900) .. .. .. 180 15 7 Balance, 31st March, ,904 .. ..5,717 2 4 $&_££* »H _ . • • •. ou 10 t) £28,560 4 10 *" „ £28,560 4 10

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11. Separate Accounts. 1. Deposit Accounts. £ s. d. c s - d - t> i ~, \,„.;i 100-i 10 0 0 Deposits refunded .. .. •• 26 0 0 Ssits o^^. V. V. Balance, 31st March, 190-1 .. 179 0 0 £205 0 0 __L°. ° 2 Loan of £15,000 over the whole District, under the Local Bodied Loans Act, 1900, (OoldfieUs) Public I d lg()li for Cmstrnctlon of Waterworks. £10,000 raised. £ s. d. £ s - d - \dvance from Treasury on account of loan 10,000 0 0 Pipes and, material 342 19 11 Labour $■ ].. ■ ■ ■ ■ • ■ ™"- ' ' Quarrying and breaking metal .. ■■ 140 IJH Engineer's salary .. •• •• lfiC 1314 Sundries ' .. .. •• •■ 10 16 * 4 Balance, 31st March/,1904 .. .. 8,909 lj"> 5 mjooo~To fithooo (> o Statement of Balances. , unt/) ' £ s. d. Bank - 5 £ s - d - . . . -ccouns. • Waterworks Loan Account £9,144 13 10 Cr. Deposit Account .. ■• •• "J Less uiipresented cheques 235 12 5 Cr. Waterworks Loan Account . . .. *,w» > i 890 ,j j 5 9,088 1 5 Cr. District Fund Account £576 3 0 , , .-,717 0 4 Less unpresented cheques 149 6 6 Dr. General Account .. •• ■ • «M« * • r 426 10 6 9,335 17 11 Dr. District fund Account No. 2 .. 5,964 18 10 £3,370 19 1 SgJPJ 9 ' Statement of Assets and Liabilities at 31st March, 1904. . , £ s d Liabilities. £ B. d. Gold duty due but not paid \. .. 1,684 11 9 gjjd-j, .. 5,9*4 18 10 Genera, rate, 1903, —ing .. . - 100 »10 I p £g« Kalnnr-V at Cr No. 1 Bank Account .. 576 3 0 Account .. . • - • • • Balance Cr., *°- , )144 „ w Accounts culTen t and wages due £598 10 10 " Accounts current, Waterworks Account .. • • 333 12 .' 932 S 1 Contractors' deposit on hand .. .. 179 0 0 Liability to county under award No. 20, 19th March, 1903 £603 14 6 Proportion county loan 515 7 4 £11,674 12 3 £B'sBo8 ' 580 2_ 8 Real Properly. £* <L „ .__ Estimated Assets. s. d Fire-brigade Station and tower.. .. 590 0 0 " ;; " 0 0 Section'oMoresby Avenue .. .. » £s': plianci," .. .. 250 0 0 Waitete Reserve .. ■ •• • lf >" " " ... * ,-! . ~ 300 0 0 VVaihi Water-supply Reserve .. 10 0 0 **« " " ■- 100 0 0 Abattoir Reserve .. •• • • "j" " R,, , tool . shed .. .. 50 0 0 Part Section 31, Haszard Street .. 200 0 0 tool shed 200 0 0 Silverton Quarry Reserve ~ •• 300 0 0 Lamps posts,,*c. 230 0 0 Tauranga Road Quarry Res,, v, .. 200 0 0 -- •• <* 0 0 ii I! 3 |» O 0 Metal and material on hand .. .. 500 0 0 Toomev Street. Reserve • • • • "*? „ « Recreation Reserve 00° v v £5,980 0 0 £i ' U45 _°__° Statement of Public Debt. 1 , ~ nl flfi (MM) under the Local Bodies' (Goldfields) Public Works and Loans Act, 1901, and its Amendment, ~n Y*~.,«*v~c**Li*t*n**« «*« **-* ■v. a .... 5,058 12 7 Loaninsenbed .. •• •• Q Q Advance not inscribed .. ■ • • • ' £10,058 12 7 Statement of Reserves and Real F jS tate under Regulation 26. ,-. .0 i- on H_»ri Street 37 ft by 60 ft., Mitchell Street Reserve, 2a. and 22p. Part Section 20, HaszaulStrt et, 37 ft. by w> n., To omey Street Reserve, 2r. S4p. Part Section 31, Haszard Street, 66 ft. by 99 tt., SUvertan Qua i-rv Reserve, sa. Sr. 30p. AbStJ and Pound Reserve, 50 acre, Waitete £S3&?£_£- £_** "" * Water-supply Reserve, 215 acres, Mangatoitoi Creek.

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A Statement for the Year ending 31st March, 1904, showing the Amount of Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the Year, and the Amount outstanding at the end of the Year.

H. D. Morpeth, Borough Treasurer. Examined and found correct.—J. K. Warburton, Controller and Auditor-General Ma or U lldopted ;it a s P ecial meetin S held on the 24th November, 1904.—Thomas Gilmour, Waihi Borough Council.-Balance-sheet op the District Fund Account for the Year ending the 31st March, 1905. I. General Account. General rate, .?"**.. .. £\ J Balance> lst April , £ * JOO3-4 95 6 9 Administration;- " ' * . ~,." ~„1 904^5 325 3 6 Salaries .. £749 9 « Additional 10 per cent, on overdue rates .. 14 13 3 Mayor's honorarium ' 50 0 0 Government subsidy on general rates .. 22 16 9 Legal expenses Tl 11 « License fees,— ...„„ „• r '- .ji 11 o Publjcan;.. .. £161 0 0 S33Sf_ST:: IJ I Wholesale liquor .. 16 9 8 Auctioneers .. 40 0 0 Miscellaneous,- l '° l9 19 U Drrvef f ,0 o " " *B4 10 4 irl™ •• •• * 10 , ° Printing and advertising 162 14 3 Kerosene .. 10 0 0 Petty cash .. .. 35 0 0 •• 2 ° ° Int <* est «» overdraft and I "Wic buildings .. 10 10 0 bank charges .. 367 16 0 Slaughterhouses .. 10 0 Election expanses 39 9 0 Plumbers .... 6 0 0 Rent . 37 11 11 „ ~ , 282 14 8 Plans and surveys .. 7 0 4 ®°\ d J"P 18.769 8 1 Fire insurance .. 17 12 9 Mdfields revenue .. .. 727 11 0 Accident insurance .. 102 0 6 Fees and fines, per Courts .. .. 50 6 6 Dog-registration ... 19 9 7 Subsidy on expenditure re coronation .. 118 4 9 Sanitary services 7314 L Poundage fees .. 33 9 6 . Dog-registration .'! 105 5 0 Public works-Roads and foot- ~ 916 19 4 Building-permits 2 5 0 paths,— Kerosene-store rent 39 0 Day-labour £3 65 4 5 8 si 19 4 ° Co-operative work .. 2,372 8 7 Sale of electoral rolls 1 14 0 Metal . 242 10 1 Miscellaneous 23 6 Breaking .. " 653 9 8 Katikati Road Board refund .. .. 15 0 0 Timber , QSQ 15 o Balance, 31st March. 1905 .. .. 10.401 11 0 Carting .. \\ ]'$& 4 9 Material .. .. 541 3 2 „ 10,156 17 8 i ar •' 120 18 11 Water-supply service .. .. 100 13 3 Lighting service .. .. '' 124 7}• Waihi Hospital Board .. £772 10 0 Musio Hall .. .. 166 7 0 Ngatokoi Domain Board 137 0 0 Waihi Domain Board .. 100 0 0 Waihi School of Mines 100 0 0 Waihi Public Library subsidy 126 3 4 Katikati Domain Board (section 355, Municipal Corporations Act, 1900) .. .. 20 0 0 Council Chambers .. £1,228 6 5 Stone-breaker.. .. 604 1 0 Land bought, Waihi South 126 10 0 Road-roller .. .. 100 9 3 Fire-brigade Station .. 11 16 6 Furniture and fittings .. 189 5 5 2,260 8 7 Carried forward .. .. £29 033 9 1 ~...- ~ 1 *""»>«•>.- J * uarned forward .. ~ £21839 7 10

Rates levied. Amount of lates levied. For Year ending 31st March, Nature of. Outstanding at Beginning of Year. Struck or Recurrnnt during the Year. Collected during j Outstanding at the Year. E ° d of "■« Year. 1904 General .. t s. d. & s. d. 427 9 9 £ s. d. 1258 9 11 1 0 12 10* 111 2 9 1 r £ 8. d. 168 19 10 100 3 10 .903 211 6 7 Total .. 211 6 7 427 9 9 f 0 12 10 l_369J2 8 1 269 3 8 'Twice paid.

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Receipts. £ s. d. ! Expenditure. £ s. d. Brought forward .. .. £29,033 9 1 Brought forward .. .. £21,839 7 10 Recreation-ground .. .. .. 694 0 4 Kerosene-store .. .. .. 9 0 0 Prevention of fire, — Plant and uniforms .. £125 19 3 Turn-outs to fires .. 12 14 (i Subsidy to brigade .. 75 0 0 213 13 9 Compensation for cutting down road .. .. £50 0 0 Compensation for accidents to workmen .. .. 17 4 9 67 4 9 Improvement of Broadway and planting streets .. .. .. .. 442 11 4 Waitete Reserve .. .. .. 4 10 0 Tauranga County Council, Bowentown Landing (section 45, Municipal Corporations Act, 1900) .. .. .. 15 0 0 Horse-feed .. .. .. .. 34 3 1 Bay of Plenty licensing election, Tauranga County .. £17 13 7 Audit fee .. .. 14 0 0 Clerical assistance .. 27 18 l> Municipal Association .. 3 3 0 Fee, Gas Report .. 5 5 0 Commission .. .. 312 0 Miscellaneous .. 12 5 6 83 17 7 I'avment to Ohinemuri County Council under Gazette No. 20, 19th March. 1903 — Maintenance, Paeroa-Waihi Main Road .. £4,472 18 5 Interest—proportion, county loan .. .. 23 3 10 4,496 2 3 Tauranga-Waihi-Bowentown Road inquiry costs 49 1 9 Under section 159, Municipal Corporations ActCharitable aid .. £12 0 0 Presentation medal, Hon. the Premier .. .. 6 13 0 18 13 0 Transfer to Waterworks Construction Loan Account .. . • • • •■ 838 10 9 Transfer to Interest Account .. .. 227 12 8 £29,033 9 1 9 1 11. Separate Accounts. 1. Deposit Accounts. £ s d. £ s. d. Balance, Ist April, 1904 .. .. 179 0 0 Deposits refunded . .. »93 0 0 Deposits received .. ■■ 572 0 0 Balance, 31st March, 1900 .. .. 158 0 0 £751 0 0 J" 151 ° ° 2 Loan of £15,000 over the, whole District, under the Local Bodies' Loans Act, 1901, and Local Bodies' (QddfieJds) PtAKe ' Works and Loans Act; 1901, for Construction of Waterworks. £ s d ' £ s. d. Balance, Ist April, 1904 .. .. 8,909 1 5 Pipes and material .. - 11,617 19 0 Third instalment received from Treasury .. 5,000 0 0 Labour - •■ - '66 13 4 Refund from Ferguson 8 311 Engineer s saiai > .. 32 6 9 Transfer from General Account .. .. 838 10 9 Miscellaneous <™ £14,755_16_1 £14J55_16 I 3. Water-supply Revenue Account. w rtMtreh:f9or gM ' thr " monthBto BS^K_Ui« :: :: l&j} £86 17 0 £ g 6 _ 17 ° 4 Interest on Inscribed Loan of £5,058 12*. U. for Construction of Waterworks, at 4 4 per Cent, for Twentysiz Years, over whole District. £ s d £ s. d. Transfer from General Account .. 227 12_8 Interest to Ist February, 1905 .. .. 227 12Ji

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Statement of Balances. ~ ~ . . Accounts. £ s. ,1. £„„/, £ , Di. I,encral Account .. .. 10.401 11 o 1),. District Fund Account £9.857 2 'I Cr. Deposit Account .. £158 0 0 Add unpresentcl cheques 376 6 3 Cr. Water-supply Revenue Ac- H _______ 10 233 9 0 count ■• •■ 10 2 0 <r. Waterworks Loan Account £223 0 7 168 2 0 Less unpresented cheques 223 ■ 0 7 S™' 3 ? 3 9 ° I £10,283 9 0 Statement op Cash Assets and Liabilities at 31st March, 1905. w t it , A f" ts ' £ s - ,L Liabilities. £ s,l Waterworks Loan Account .. 223 07 I Dr. Balance District Fund Ac-(.,-neral rate, 1902-3, outstanding .. 57 0 1 count .. £9,857 2 9 !i! o . :^^, " .. 74 11 6 Outstanding cheques . . 376 ii 3 _ •• , 1004-O, „ .. 110 7 8 ,„,.,, <i n Water charges, &c 12 IS 4 Waterworks Loan Account,- ' Go d duty due but not paid .. .. 1,09 8 0 0 Outstanding cheques •>•>-, n 7 Goldfields revenue, estimated .. .. 500 011 ContrwWdeposits on hand.. 158 0 ,', Liability to Ohinemuri County Council under award (GazetU So.' 20, 19th March, 1903),— Maintenance Main Road .. .. S4B 2 4 Proportion of county loan of £515 7s. 1,1 (paid £69 lis. lid.) .. .. 44.-, 15 10 Wages and Account Current, — (leneral Account .. 1757 3 7 Waterworks Account 279 10 11 [ ; 1,036 14 6 £2 - 085 i 8 4 ! '-12,945 2 "3 r . ~ . C 4. , Re "' ''roperty. £ s. ,1. Estimated Assets. I ~| Fire-brigade Station 600 0 0 Waterworks .. 1(i0 oo 0 i Section 6, Moresby Avenue .. .. 300 0 0 Stone-breaker.. .' " Y,oi 0 Council Chambers and sit,- .. .. 2,000 0 0 Road-roller .. iOO n ~ Sections 269-73, Waihi South .. .. 100 0 0 Kerosene-store " -,0 0 n Section Part 226 a, Walker Street .. 30 0 0 Lamp-posts, lamps, &c. " 200 (I 0 Waitete Reserve 155 0 0 Fire-brigade appfianoes .. " 300 0 0 Waihi Water-supply Reserve .. .. 110 0 0 Plant and material - !0 0 0 0 Abattoir Reserve 150 0 0 Metal on hand .. 900 n (I Silverton Quarry Reserve .. .. 300 0 0 ..... Tauranga Road Quarry Reserve . . 200 0 0 Pound Quarry Reserve .. .. 3,000 0 0 Waitete Quarry Reserve .. .. 300 0 0 Toomey Street Reserve .. .. 100 0 0 I!,creation Reserve .. .. .. 1,500 0 0 £8,845 0 0 ' £17,750 0 0 = Statement of Public Debt. Waterworks Loan of £15,000, under tin- Local Bodies' (Goldftdie) Public Works and Loans Act L9Ol and its Intendments and th Local Bakes Loans Act, 1901, borrowed for Twenty-six Years. ,n 4' per Cent. Interest and Sinking Final. 1 • -, , E * d - Loan inscribed .. .. .. .. ~ 5,058 12 7 9 (i £15,367 2 4 Statement of Reserves and Real Estate under Regulation 26. Part section, Haszard Street, 37 ft. by 66 ft., Waitete Reserve, 2a. and 22p. Fire-brigade Station. Toomev Street Reserve. 2r. 34p. Part section, Moresby Avenue, 50ft. by 66ft., Quanv Reserve, Waitete, sa. 2r. 23p. worksho], and yard. Pound Quarry Reserve, 3a. .'!,-. 29p Section 31a, Haszard Street, (ill ft. by 99 ft., Silverton Quarry Reserve, sa. 3r. 30p site Council Chambers. Tauranga Road Quarry Reserve, 3a. 3r. Abattoir and Pound Reserve, 50 acres. Waitete Recreation Reserve, 12 acres. _ Creek - Sections 269-73. Waihi South. Water-supply Reserve. 215 acres. Mangatoitoi Creek.

41—C. 14.

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A Statement for the Year ending 31st March, 1905, showing the Amount of Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the End of the Year.

H. D. Morpeth, Borough Treasurer. Cammed and found correct, except that the Waterworks Loan Separate Account is unlawfully ,!,„,!;;, a :S: Im t1,;:,,1- _.o_l oi L money*, provided Eor it.-J. K. Wabbubton, Controller and Auditor-General. ~ Adopted 21st, December, 1905.—Thomas Gilmour, Mayor. Waihi Borough Counoil.-Bai.ance-sheet of the Waihi District Fund Account fob the Ykar ENDING THE 31ST MARCH, 1906. I. General Aooouht. Receipts. £ b. d. Expenditure. £ s. d. , . IQ(V> , 7 0 4 Balance, Ist April, 1 905 .. -- 10,401 II 0 General rate, 902-3 •• 21Q | SalarieH .' 1,146 13 4 ,;, ( U_* .. 51 8 8 Mayor's honorarium 200 0 0 iioto " '.'. •- 539 6 (i Legal expenses ' . Additional 10 per cent, on overdue rates .. 17 116 .. 610 10 Government subsi.l, „„ ~-„,-,al rates .. 80 10 11 . tatione g license fees,- Petty cash 65 0 0 F" bl ! ca T ,-•' •• 20 Interest on overdraft and bank charges .. 562 17 0 Wholesale liquor .. zu v o ... , ».-> ik 4 , ". H ko 0 0 Election expenses .. .. . • "»■* ' •> * Auctioneers .. 50 v v r,o„+ 7 2 6 _, ~ , oA r. o Kent .. • ■ ■ • ' pS: •■ :: tl5 0 Surveys and plans .. 37 14 Ii K eros ene " - "<> ° Fire insurance .» MBarT " 2 0 0 Accident insurance 1« 7 0 ■JUliaras .. Dog-registration .. •• ■• 17 11 b Public buildings .. 13 10 0 San g ita !n 26 7 0 Plumbers .. . ■ n lr™-*™ 29 4 7 Slaughterhouse .. 10 0 Q 3s and footpaths,- „.... 15,509 13 3 Day-labour .. £3,052 19 0 %Q*fv? ".» " " " 1 591 16 7 Co-operative work .. 1,205 13 1 Goldfields revenue .. .. •• '.™* ' Contra ,. ts .. 326 18 11 Fees and Hues, per Courts .. 77 6 6 Contracts .. g g Dog-registration .. .. Quarrying and breaking 757 15 9 Poundage 15 1 0 Carting .. .. 1,599 5 2 Private crossings .. .. 515 0 Timber .. .. 427 15 0 Permits .. .. •• •■ M ia , 726 12 6 Kerosene-store rent .. .. ■ ■ _' BH4 O 8 1 Recreation-ground . •• 1200 Payment to Ohinemuri County Advance for water-connection .. - - J award (fl8 _ KIS March. 1906 " " 20,383 6 1 - No. 20. 19,h March, 1903), — Maintenance Paeroa-Waihi Main Road ' .. £3,765 8 8 Interest on proportion of county loan .. 23 310 3,788 12 6 Abattoir, construction of ■.. .. 1,004 17 2 Gasworks, — Gas plant .. .. £1,785 7 6 Mains .. .. 2,581 7 6 Material .. .. 1,273 0 0 Wages .. .. 1,571 7 3 Interest .. .. 172 12 11 Sundries .. .. 11 0 0 7,394 15 2 Waterworks extension, material and wages 866 210 Recreation-ground .. .. •■ 274 19 10 Stone-crusher .. • • • ■ 87 15 0 Council Chambers .. •• •• 30 17 6 Lighting-service .. • • • • 156 14 7 Tauranga County Council, paid under award (Gazette No. , 1905) .. .. 200 0 0 Waihi Hospital and Charitab'.e Aid Board 940 0 0 Music Hall 127 10 0 Carried forward .. .. £38,742 2 2 Carried forward .. ..£86,689 19 1

Rates levied. Amount of Rates levied. Outstanding at Struck or recurrent Beginning of Year during Year. Collected (luring Outstanding at End Fear. of Year. I'nr Wiir ending 31st March, Nature of. 1905 1904 1903 (leneral Total £ s. d. ( 168 19 10' •• (add 0 18 7, 100 3 10 270 2 3 £ s. 435 11 435 11 d. 2 2 £ s. d. £ s. d. 325 3 6 110 7 8 95 6 '■' 74 11 8 43 2 10 57 1 0 270 2 3 435 11 2 463 13 1 I 242 0 4

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General Account— continued. p, uit , ""'"'>''"■ £ 8. d. Expendiure. £ Bd . Brought forward ..£38,742 2 2 Brought forward .. .. £36,689 19 1 Puhlio Library .. .. ~ ' 150 0 0 Katikati Domain Board, under section 355 of .Municipal Corporations Act, 1900 .. 20 0 0 Prevention of fire, — Subsidy to brigade .. £100 0 0 Turn-outs .. .. 27 13 6 Plant .. .. 21 16 10 — 149 10 4 oull '' •• •• .. 23 0 0 Unauthorized expenditure under section 159, Municipal Corporations Act, 1900, — ( cmetery Trustees .. £10 0 0 Medical attendance re acoident 6 5 9 Municipal Association 3 3 0 Fencing Worth's paddock 5 0 0 24 8 9 (Expenditure under Public Health Act, 1900, section 28 .. .. 5[5 g Bay of Plenty licensing election .. 15 3 1 Audit fee .. .. 17 0 0 Caretaker .. .. ~ 37 10 0 Miscellaneous .. .. .. 43 12 3 Transfer to Interest Account .. .. ti<)l 10 4 Transfer to Sanitary Account .. . . 874 12 10 £38,742 2 2 £38,742 2 2 11. Separate Accounts. 1. Deposit Account. Balance, Ist April, 1905 .. .. 158 0 0 Deposits returned .. .. MB 1«6 Deposits received 586 17 6 Balance, 31st March, 1906 .. \\ 7 's ofo £744 17 j £744T17 6 2. Water-supply Account. HWance, Ist April, 1906 .. .. l 0 £<j Wages and salary 186 0 * Water lates 649 6 2 Printing and advertising .. 15 15 o Water charges 103 1 6 Balance, 31st March, 19(ir, .. .. 560 14 s £762 9JS £762 9 8 3. Sanitary Service Account. Sanitary fees 385 17#-8 Plant and depot .. «7q 4'« transfer from General Account .. 874 12-10 ,' Wages .. .. .>]-, 2]] f r ° •• .'• .'.' .*; 74 ii 4 Material .. .. _ _ 50 3(1 Maintenance .. .. .. _ _ 22 li .'I Sundry charges .. .. 18 19 4 £ i* 2 B o!?._» £1,260 10 6 4. Interest Account. Interest on Inscribed Loan o/|£15,3e7 2* _ for Construction of Waterworks, at 41 per Cm tor Twenty-six ),ars. over the whole District. £ s. d. £ 1 Transfer from General Account .. 691 10 4 Interest to February, 1906 .. .. 691 10 4 Statement of Balances. Accounts. £ s. ,|. /; „ h/ . „ General Account, Dr.. 20,383 5 1 District Fund Account.. ' 19 689 1" • Deposit Aooount, Cr. .. £78 0 0 Add unpresented ohequee ' '5.-. r, 9 Water-supply Account, Cr. 560 14 8 .. .. 00 .1 . 638 14 8 £19 ' 744 10 S £19,744 10 5

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Statement of Cash Assets vm> Liabilities at 31st March, HiOli. Assets. £ s. d. Liabilities. £ s. ,1. General rates outstanding, 1902-3 .. 50 0 8 Dr. Balance District Fund ' 1903-4 .. 56 7 5 Account .. .. 119.689 I 3 1904 6 . 58 19 0 Outstanding cheques .. 55 9 2 " 1905-6 .. 128 19 ii I°-" 44 l 0 •"' Water rates outstanding, 1905-6 .. L 55 2 9 Contractor's deposits on hand .. .. 78 0 0 Water charges outstanding .. .. 013 9 Liability to Ohinemuri County Sanitary fees outstanding .. -• 24 12 6 Council under award (GoGold duty paid but not remitted by Trea- zette No. 20, 19th March, gury ' .... 1,841 18 o 1903),— Goldfkds revenue 491 I 8 February .. .. £309 16 I March .. 289 12 6 599 8 7 Proportion of loan to Ohinemuri County .. .. £515 7 4 Less paid .. .. 92 15 4 422 12 0 Wages and accounts current .. .. 511 0 1 £2,807 15 3 £21,365 II I Real Property. t s. d. Estimated Assets. £ b. d-Fire-brigade Station .. ..' .. 600 0 0 Waterworks 17,000 0 0 Seotion 6, Moresby Avenue .. .. 300 0 0 Gasworks .. .. .. •• ;■•• Council Chambers 2,000 0 0 Abattoirs 1,000 Abattoirs .. .. .. •• 1,000 0 0 Sanitary service out lit .. .. 860 0 U Waitete Reserve .. .. .. 155 0 0 Stone-breaker.. .. .. •• 700 0 0 Waihi Water-supply Reserve .. .. 1 10 0 0 Road-roller . . .. .. • ■ 100 J Silverton Quarry Reserve .. .. 300 0 0 Kerosene-store Pound Quarry Reserve .. .. 3,000 0 0 Street-lamps .. .. .. .. ZOO Waitete Quarry Reserve .. .. 300 o o Fire-brigade appliances .. •• aw Toomey Street Reserve .. .. 100 0 0 Fire-bells '.- Recreation Reserve .. .. -• 1,776 0 o Bowling-green requisites .. .. "■> River-bank Reserve .. .. .. 100 0 0 Plant and material .. .. .. •> ' Sanitary Reserve .. .. 300 0 0 Metal on hand .. .. •■ 300 o 0 Tauranga Boad Quarry Reserve .. 200 0 o Sections 269-73 .. .- ■■ 400 0 0 Spring Reserve, Moresby Avenue .. 100 0 0 £10,740 0 0 £28,635 0 0 . Statement of Public Debt. Waterworks Loan of £15,000 under ihe bond Bodies' (Goldfields) Public Works Act, 1901, and its Amendments, and the Local Bodies' Loans Act, 1901, borrowed for Twenty-six Tears, at 4" per Cent. Interest and Sinking Final. £ s. ,1. Loan inscribed .. .. •• •• •• 15,367 2 4 Statement of Reserves an,, Real Estate under Regulation 26. Part Section 20. Haszard Street, 37 ft. by 68 ft., Toome- Street Reserve, 2r. 34p. Fire-brigade S ation. Waitete Quarry Reserve, sa. 2r. 23p. Part Seotion 6a, Moresby Avenue, 60ft. by Pound Quarr- Reserve, 3a. 3r. 29p. 66ft., workshop and yard. Silverton Quarry Reserve, sa. 3r. 30p. Section 31a, Haszard Street. 66ft. by 99 ft., Tauranga Koad Reserve, 3a. 3r. Council Chambers. Waterfall Reserve. 3 acres. Sections 269-73, Quarry Road, gasworks, Recreation Reserve, 12 acres. 3a. 3r. 2p. » •"' aores, Bast End. Abattoirs Reserve, 33 aces, Seddon Avenue. .. 47 aces. Riverbank. Waitete Reserve. 2a. and 22p. Sprint; Reserve, 3r. 15p., Moresby Avenue.

A Statement for the Year ending 31st March, 1906, showing the Amount of Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the End of the Year.

Examined and found correct, except that separate account numbered 3 is unlaw fully charged with more than the moneys provided. —J. K. Warburton, Controller and Auditor-General. H. D. Morpeth, Borough Treasurer. Settled and adopted at a special meeting held on the 20th February, 1907. Thomas Gilmour, Mayor.

Kates levied. Amount of Rates levied. Amount of Rates levied. For Year ending 31st March. Nature ,,f. Outstanding .Struck or f-nlleeteri rtni.no at Beginning of recurrent during ,,„ Year Year. Year. Outstanding at End of the Year. 906 905 904 903 906 General rate Add new valuation .. General rate Water rate £ s. d. 110 7 8 74 11 8 0 18 7 .",7 I 0 £ s. d. 668 6 0 804 8 11 £ s. ,1. 539 (i li 51 8 8 19 2 10. 7 0 4 649 6 2 £ s. d. 128 19 6 58 19 0 56 7 5 50 0 8 155 2 9

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Waihi Borough ('oi<x.i...-Bala>*ce-.sheet op -i-he Waihi Distexct Fund Account -or the Year ending the 31st march. 1907. I. GUNHBAX Arc, hint. Receipts. i s (l i ~ ... General rate, 1902-3 .. .. 88 8 _ >.» -, ''<" "'' £ 8 - d - -1903-4 .. m« o '? llan "'- lsl A l ,nl - lm •• •• 20,383 6 I 19114-te .. .; •• 20 13 0 \i "' S , W™ 1<; 8 1906-6 .. " ifn Mayors honorarium 150 no 1906-7 .. .' " ,- l ,: < '^ l '-.-|><-"ses 100 9 1 Additional 10 per cent, on overdue rates" 17 13 11 .107 10 0 on general rates .. 142.2 3 Printing and advertising" " " 143 " " Publicans .. .. £i W „ 0 jetty cash . 75 0 0 Wholesale Honor .. ->o 0 n on ovenhuft and bank charges .. 1,022 6 4 Vehicles .. .. 24 1- Ii Election expenses 90 1 4 Drivers .. .. 2 5 0 pi , 31 0 0 Kerosene .. .. 5 Jans and surveys 11 9 6 Billiards .. 2 0 0 13 210 Public buildings .. 12 0 0 Accident insurance 81 1 0 Plumbers .. .. 7 0 0 „"'T ~ 26 14 10 Butchers . . . . 4 Q 0 n , v' foot 1- >a,h5- .,,.. .. ~ Day-labour .. a,0»3 11 8 Cold duty .. . 16 81ft 710 00-',,,,-rat,ve a,„l contracts 1,393 9 9 „ldfiel_ revenue .. " " {cm 4 2 Metal and breaking .. 1,183 17 7 Fees and fines, per Courts .. " 66 15 6 ,'",'' '■ 42<J 7 8 Dog-registration [ gf 6 SK_ " 5 Pnvate crossings .. .. 16 2 0 ™aienai .. .. 636 4 6 Building-permits .. .. -, no o ~- 8 > 677 10 7 Ker„se„e's(„re ,-,,„ .. 3 Jfl Payment lo Ohinemuri County Council Miscellaneous .. .. " SJ, j! T a ™»*° (Gazette No. 20, 19th Refund from Waterworks Loan Account '.'. 926 0 0 . lacc-h. l<«i.{). Balanoe, 31st March, 1907 17 490 7 -, Maintenance, Paeroa-Waihi Main Road.. 1,636 7 9 .. w,-*.<v / 0 Interest and sinking fund on proportion of County Government Loan .. ->3 3 10 Steeet-lighting , i(io ~, ~ I revention of fire .. .. 229 9 8 Pound .. .. .. 32 18 0 Waterworks material and wages.. . 322 4 4 Waihi Hospital .. .. .'; 1)250 0 0 Waihi School of Mines .. .. 150 0 0 Waihi Public Library .. .. 125 0 0 Musio Hall .. .. .. '[ 145 9 2 Katikati Domain, under section 356, Municipal Corporations Act .. .. 20 0 0 Recreation-ground .. .. .. 287 6 3 Waihi Domain .. ~ 27 0 7 Government Audit fee .. .. 20 (i 8 Bay of Plenty licensing election.. .. 33 3 9 Unauthorized Expenditure under ' ' section 159, Municipal Corporations Act, 1900, — W'aihi Public Cemetery £14 10 0 Waikino Public Library 10 10 0 Municipal Association 3 19 0 Medical attendance .. 12 9 Expenditure under Public Health Act .. 20 2 ii New Zealand Exhibition, under New Zealand Exhibition Empowering Act, 1905.. 10 0 0 Collection of rates .. ~ m |,| (| Miscellaneous .. .. l (i gll Council Chambers .. , _ 48 4 9 Horse boughl .. . . lfi 0 0 Caretaker, Council Chambers .. .. 40 10 0 11. Separate Accounts. 1. Deposit Account. Balance. Ist A,,,i1, nil,,; .. • .. 78 0 'Ii Deposits returned .. ,L J *j. Dn»e*tB received HO 1 0 Balance, 31st March, 1907 .'.' '.'. 60 10 0 __LL_° £i^B~T^ 2. Water-supply Account. Balance. Ist April, 1906 .. 560 14 8 ' Wa,.,. o „,i 1 E s - d - Water rates . £564 9 2 Kg? and salary . .. .. 186 0 0 Water charges 240 2 0 and charges .. 12 4 0 Wa,,,-services laid .. 917 '" '' | ' '"' 't'-''' " " (i!,11 «4 * * Balance, 31st March, 1907 .. .. 585 8 7 U - 47 Hj-

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3. Sanitary Service Account. £ s d. i i s - (l - Sanitary fees 1,006 17 7 I Wages ?£W\ Balance, 31st March, 11107 .. .. 497 18 5 Horse-feed 1« 16 J Maintenance .. .. .. •• ■»' 1 Material .. .. .. •• 23 1 0 Printing and advertising .. ■• 14 6 '> Charges .. .. .. •• 22 14 5 Plant 125 3 2 Depot 250 0 0 Cottage at depot .. .. • • 189 6 0 Improvement Account .. . • 54 19 0 £1,504 16 ~0 £ljo4_l6_o 4. — Abattoir Account. Slaughtering fees .. 454 8% j lnspect ion .. «0 0 Cash for offal .. • • • • .! ~ T 8 A-- fi » Balance, 31st March, 1907 .. •• 621 9 6 Salary «• » Printing and stationery .. .. /i 10 i Insurance .. .. .. •• 13 o 0 Fuel 13 2 (i Telephone .. .. •■ 10 10 1 Sundry charges .. .. .. 96 0 Building, plant, and appliances .. .. 666 411 £1,080 18 3 u - ow> 18 3 5. Gasworks Account. £ s. d. | £ s - d - Sale of gas, products, and fittings .. 2,243 011 i Plant I'!!" '! ! Balance, 31st March, 1907 .. .. 2,819 10 11 Gas-fittings '383 811 Manager s house .. .. .. ■»"» , Working-expenses .. .. .. 421 13 6 Coal 523 17 9 Street-lighting .. .. 132 0 0 Printing, advertising, and stationery .. 48 19 11 Salary 191 15 0 Charges 59 10 11 Petty cash .. .. .. •• 15 2 6 £5,062 11 10 fIMM2 " 10 6 Loan ot E6 000 ,„■,,■ thr ~-hob District, under the bond Bodies' Loans Act, 1901, and Ou Local Bodies' (OddfiMs) Public Works and iZm Act, 1901, for Extension of Waterworks: Refund to District Fund, £1,389 7,. id.; Waterworks, ' £4,610 12s. Bd. £ s d Cash from Treasury 4,050 0"o Materia 1 .. .. .. .. 1.9U * 9 Refund to District Fund Account .. 926 0 0 Balance, 31st March, 1907 .. .. 419 410 £4,000 0 0 U l°^L^.^ 7 Interest Account.—lnterest on Inscribed Loan of £15,867|2-. id. for Construction of Waterworks, at 4£ per Cent, for Twenty-six Years, over the whole District. £ s. ,1. E s - ll Transferred from Water-supply Account.. 691 U) -I Interest to Ist February, 1907 .. •• lilH l() 4 Statement of Balances. Accounts £ s. d. - Bank. £ s. dGfeneralAocount, Dr. ..« r «7,490 7 5 District Fund Account, Dr. £20,491 2 0 Sanitary Account. Ur. -- fl 497 18 6 Add unpresented cheques _»H»J Abattoir Account, Dr. - . JJ62I • « ~ . -r. . , ' 7 Gasworks Account, Dr. |Q _Tsi9 10 11 fl § Waterworks Extens-onI*an 4 4 Water-supply Account, 85 8 • Less unpresented cheques 419 " miW Deposit Account, Cr. .-3 60 16 0 Waterworks Extension Account, i (V .. ■ 419 4 10 . 1,065 9 5 £20,363 16 10 E2OJ63 JgJO Examined and found correct, except the following:— ,„,.,.. _ . . IQA . ; 1 The amount paid under the New Zealand International Exhibition Empowering Act, 1905, is not the authorized cost authorized by the Act of collecting and preparing such exhibits. 2 The charges to separate accounts numbered 3, 4, and 5 exceed the provision made to meet them. 3 An amount of £44 2s. 6d., being part of the loan of £6,000, has been used for extension of waterworks, although in the proposals submitted to the ratepayers it was stated to be the intention of the Council to repay it to the District Fund. J. K. Warburton, Controller and Auditor-General.

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Statement or Cash Assets and Liahilitiks. 31st March, 1907. "tn^^^™ X *""- l S '"' »<■ *— District ZZZ"' "* 4 General rates outstanding, 1902-* " ?_ $ cheques .. ""ffi _ i ~ 1903-4 37 l q "' 10 n 1904--. ss « o ,- . , , 20 >783 1 8 ™t; •• 38 6 0 Unpresented oheques, Waterworks Exten\Z°T { ' ■■ 18 18 ( > «>°» Loan Account .. 419 6 Water rates"... ? " ,22 ' J ( .'outers' deposits w„ „ Water charges " ,? ,i I L-ab.hty to Ohinemuri County Sanitary fees .. ,£ „ \ ( ° unc '- " ™ Cr award (G ' l - Abattoirfees.: \\ \\ " No. 20, 19th March, Gold duty paid, but not remitted by Trca- January £198 Hi 11 (3S-, 2 9 91 2 7 Pebruarv .. " 54 3 4 Uoldtields revenue .. fiOl 1". s m„™u ' * Fees and fines .. " "° ' p." " ■• 66 *> 8 n 1 6 Proportion of loan to Ohinemuri County .. £515 7 4 Less paid .. 115 19 2 — r 399 8 2 ... 718 l!l 1 Wages and accounts ourrenl .. .. 1,082 Hi 3 €4 5 54 " ' £22.650 12 6 Examined and found correct,-.!. K. Warburton, Controller and Auditor-General. fire-brigade Station roperty - £ oft I w.* , Estimated Assets. £ R . <|. Section 6 .. 3M 0 n 20 ' 000 0 0 Council Chambers .. " " ™0 I A*Wtn " - - 10 ' 800 ° ° Abattoir Reserve .. 300 0 0 inif, , 1,600 0 0 Waitete Reserve .. " 15? n 0 fj? J? ■• ■• -• 1.200 0 0 Waihi Water-supply Reserve .. !! Bo° S ' Sf: " ™« <J p£_?£_E3L_"" ,> •• •• 30 ° ° ° Council Chambers [[ "' " 2ZO ft &t Q n y » SerVe • •• 3,000 0 0 Kerosene-store " 2,0 £ 2ft Waitete Quarry Reserve .. .. 300 0 0 Street lamps .. " -~' °, °, loomey Street Reserve .. 100 0 0 Wir,. K,;„o 1 1 * c ',' ~ .*' " 300 0 0 Recreation Reserve . 2000 ft 0 *£$"*** * nd Btation • • 80 ° °<> Riverbank Reserve .. [' "' 'iSS 0 0 *Eh?£?F* m " " ' ,i 5 ° ° Sanitary Reserve . .'. \] g} 0° Met' U'hand " " "j !! !! J auranga Road Quarry Reserve 200 0 0 " " '' ° ° Sections 269-73 .. .. .. 400 0 0 Spring Reserve, Moresby Avenue .. 100 0 0 Walmsley's Creek Reserve .. .. 1,400 0 0 £9 7 15 °,° £3^6l7Tj Statement of Public Debt. Waterworks Loan of £15,000 under the. Local Bodies' (Goldfields) Public Work, An lcoi „,„■ -, 1 Local Bodies' Loans Act, 1901, borrowed for ZwentyL IZZZ'It s°£ &!&££ "" Loan inscribed s 2 J Waterworks Extension Loan of £6,000 under the above-named Acts, for Twenty-six Years, at 6 per Cent, Amount received on account .. - 4 qqq q?' Inscribed as £4,047 2 6 Examined and found correct.—J. K. Warburton, Controller and Auditor-General. Statement of Reserves and Real Estate under Regulation 26 •isasfffic" s '™*" "■ * - "•■ __*•* „««■»'•• ;'- *■ --P- •*___■ *-■■ -- * »"■- S_ £ P £- •* "fiXi?"* *""" E ""'' """""- S^X^'SS. Abattoir Reserve, Seddon Avenue, 33 acres " i„ ast | !nd '' B acres - Waitete Reserve, 2a. and 22p. o nrl „„ B " ~, (luverbank), 47 acres. H Spring Reserve (Moresby Avenue), 3r lop Examined and found eorrect.-.T. K. Warburton, Controller and Auditor-General.

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Accounts of the Waihi Borough for the Year ending the 31st March, 1907. A Statement for the Year for which the Accounts are rendered, showing the Amount of the Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the End of the Year.

Examined and found coned.- ,1. K. Warburton, Controller and Auditor-General. H. D. Morpeth, .„,, -r, , IftA ,7 Borough Treasurer. Settled and adopted at a special meeting on 19th December, 1907. 6 Thomas Gilmour, Mayor. W'aihi Borough Council.—Balance-sheet or the Waihi District Fund Account for the year ENDING THE 31ST MARCH, 1908. I. General Account. Receipts. £ s. d. Expenditure. £ J. d. General rates, 1902-3.. .. .. 0 2 1 Balance, Ist April, 1907 .. 17,490 7 5 1903-4 • • • • 0 6 3 Salaries .. .. • • • • I<VM1 < VM 1904-5 0 115 Mayor's honorarium .. • • • • 150 0 0 1905-6 ".I '.: .. 11l 9 Legal expenses |04 56 1906-7 .. •• 70 13 6 Travelling-expenses .. .. •• 106 010 1907-8 749 15 6 Stationery .. 78 12 1 Additional 10 per cent, on overdue rates .. 14 3 8 Printing and advertising .. »> i° « Government subsidy on general rates .. 157 8 1 Petty oash .. .. •• •• ,""' B f _„ J Interest on overdraft and bank charges .. 938 17 2 License tees, — ,5.-. ,0 11 Publicans .. .. £162 0 0 Election expenses "5" Auctioneers .. 70 0 0 Rent 45 14 6 Wholesale liquor .. 20 0 0 Maps and plans .. ■• " *2 5 1 Vehicles .. 19 5 0 Insurance (accident, hie, and hdchty) .. 147 o I Drivers ".. .. 315 0 Forage « « » Kerosene .. .. 10 0 0 Valuation and rates Billiards .. .. 2 0 0 Roads and footpathsButchers .. .. 4 0 0 Driy-labour .. £5,044 1 Public buildings .. 80 0 Co -operative labour .. ,469 011 Plumbers .. 30 0 I Metal and breaking .. 1,194 o 6 Plumbers .. m 0 0 : Carting .. .. 2,572 8 6 Gold duty 19.026 10 11 Material .. .. 2mU_6 125]2 12 , Pe^fandZe V s en pe e r Courts " .'.' « « Payment to Ohinemuri County Council, £T g ttratmn P V. •- 105 10 1 awardJMe No. 20, 19th March, Slaneouf gS " V. '■'■ «" 3 Ma'infenance, Paeroa-Waihi .Main Road 1,833 2 7 Refund from Waterworks Loan Account .. 463 7 4 Interest and sinking fund, proportion of Balance at 31st March, 1908 .. 16.845 15 3 county Government loan .. 23 .110 ment tQ Tauranga Co un ty Council under award (Gazette, 23rd March, 1905) .. 26 li 0 Street-lighting <>25 -2 « Prevention of fare .. • • • • JB3 19 4 Pound m ft ft Water-conservation Reserve .. • • 100 v " Waihi Hospital and Charitable Aid Board.. 1,600 0 0 Waihi School of Mines .. ■ • 300 0 0 Waihi Public Library .. .. • • J&O 0 0 Music Hall .. 137 0 0 Recreation-ground .. ■ • • • •">' ' •> Katikati Domain .. •• •• f> * " Ngatikoi Domain 25 00 Rifle range wil Bay of Plenty licensing election .. ••04 0 0 Expenditure under Public Health Act, 1900 59 12 4 Compensation paid Waihi Printing ComCaretaker, Council Chambers, lighting, &c. 57 10 10 Collection of rates .. •• • • £| 2,„ Miscellaneous .. •• .-• vs I m Inauthorized expenditure under section 156, Municipal ■ Corporations Act, 1900,— Salvation Army band . ■ • • »' " Municipal Association ■ • • • A 6 » £39,397 16 2 \ qg_i_ 2

Amount of Hates levied. Hates levied. For Year ending Nature of. 31st March, Outstanding at Beginning of Year. Struck or recur- I Collected during j Outstanding at rent during Year. I the Year. End of the Year. 1907 19(16 1905 1904 1903 1907 1906 .. General rate »» »» ,» Water rate £ s. (1. 128 19 6 58 19 0 56 7 5 50 0 8 15.-) 2 9 £ s. d. 727 3 0 739 3 8 £ s. (1. 636 15 6 110 1 0 20 13 0 19 6 2 8 8 8 581 2 7 83 (i 7 £ s. (1. 90 7 li 18 18 li 38 6 0 37 1 3 41 12 0 158 1 1 71 K> 2

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ii. Separate Acootjnts. I. In-posit .lecount. Balance. Ist April. I!IH7 .;,-. ■« \\ ~ £ s. d. Deposits received . " B ite returned 83 16 0 41 0 0 | Balance, 31st March, 1908 .. is n i, £ITI 2. Water-supply Account. C ( | Balance. Isl April. [907 *»« a ' - »■ , , *- S. 'IWater rates, 1906 „,S | Wages and salary Ml|| - () 1907 •' ~, n - . .'■"""'■-' ■■'»' ate,-,-,,sue, .. .. |; , ,„ „ ,q/w " •• '-•' " •' Iransfer to Interest Account .. 883 i-, ■> Wale,-se,-v,ce .. .. " »J»-*J Balance, 31st March, 1908 .. .. SS 13 6 Water charges .. __ ~4 | (i .', I --- £2 J 047J9_8 3. Sanitary Service Account. K^' 668 - •• »A> 7 d 3 Balance, Ist April, 1907 .. __-, _J «_ Balance, 31st March. 1908 .. .. U __ ,s _ HrXfeed '.'. .. .. ][ ™'* "/ Maintenance .. .. "4o ]i s Material .. .. 43 l<l i Printing, advertising, and oharges .. 28 15 8 Planl .. .. 147 17 8 Buildings .. .. .. ]] 44H ~n Improvemenl Account .. .. go 4 "•■"" '"J I _."J!!L. 7 -I. Abattoir Account. c • , £ s. d. I - , rees receive, . -_,-. iq ~ , a , , . , ~ , * s. d. Balance. 21st March, 1968 '.[ .. K» _ ES3_* 190 ?. " " ™• J Wfgea 388 [] 6 l alar - v •• •• •• .. 52 0 (i Material .. .. ~ __ 27 II 4 Forage .. . - ~ - ... •• •• -. 4.1 li ;, I'uel ,- ~ .. T • ■ • ■ • • I i 14 li Insurance . . ~ _ 17 14 10 Printing, advertising, and oharges ..' |g k, g Horse-hire . . .. 8 5 0 Horse bought .. .. '/ 40 0 0 Buildings and plant .. .. 041 0 q E1 ' 563 12 7 .:. -~., .., _ £1,563 12 7 .">. Gasworks Account. Gas a,„l fittings sold .. '141)-, 1 ■-,' 8 u„i„.,„, 1 . 1 1 ~.„. s - <1Balance, 31s?Maroh, 1908 .. .. 3s. " 4 £__?* IWi - 2 8 19 10 U !;: ls -' ■ •■ •'•' '.' 598 ll! 10 Working-expenses .. .. - )44 , 4 4 '," al , .. . . 785 14 3 Street-lighting .. it -- .g - ( s ;' lai 7 •• •■ ■'-' •'-' 217 3 4 ( har - (,s •• •• •■ .. 55 12 -1 ''''."''. <' ash •• •• •• -. 15 0 0 Printing, advertising, and stationery .. 21 12 5 Manager's I .-,• "- 3 o - ■ • • ■ ■ ,82 £6,496 .1 0 ( tete,.. ~T~T £6,495 .1 0 (i. Loan of £6,000 over lit, whole District under the Local /(„<//,.' /,„,„■ 1,./ 10m ~, , ,■. ,• ... ~ KB $ Z'-ZZZ"' 1 '""' '-i- ' ' J ' !:::z ZZZZZZZ £ s. ,1. ~ Balance, lstApnl, 1907 .. .. 419 410 Material .. , 4m J'; ["ash from Treasury 2,000 011 Labour .'.' " 40 1 t ]'. Refund to Distrioi Fund Account .' 411;} 7 4 Balance. .-{lst March, 1908 .. .. 88 10 11 C2 - 4I!I -' "' £2.419 4 11,

42—-C. 14.

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7 Interest lecount. Interest on Inscribed Loans of £15,367 is. id. and . £4,047 2,. lid. for Construction of Waterworks, at 4"- per Cent., for Twenty-six Years, over (ht it*oJ( District. £ s. d. E s - d - Transferred from Water-supply Account .. 691 10 h*«* *° « February, 1908, on C1.»,367 Interest to Ist February, 1908, on £4,047 2s. li,l 194 I lv £883 15 2 t - 883 lr> 2 State.me.nt of Balances. Accounts. £ s. ,1. ««»*• * *d; General Account, Dr. .. £16,845 15 3 District Fund Account 20,837 411 Sanitary Account .. 1,153 18 4 Unpresented cheques M Abattoir •• W8 0 1 20>930 ~ 8 Gasworks .. '' ' 21,907 31l Waterworks Extension Loan Account .. 88 10 0 Water-supply Account, Cr. £958 13 6 Deposit Account .. 18 0 0 Waterworks extension .. 88 10 0 1,065 3 6 £2tewi 19 a * 20 > 841 '" " Examined and found correct except as follows :— 1. The charge to separate accounts numbered 3, 4, and 5 exceeds the provisions made to meet eH 2. The amount of expenditure under section 159 exceeds the limit imposed by the section. Examined and found correct. J. K. Warburto.n. Controller and Auditor-General. Statement of Cash Assets urn Liabilities. 31st March, 1908. Assets. £ s. d. Liabilities. £ s. d. Bank balance Waterworks l-Mcnsi,,,, Loan District Fund Account.. ■ 20.837 411 \ec„„„l 88 10 0 Lnpresented cheques »3 * General mtee outstanding, 1902-3 .. 419 11 Contractors' deposits . .. .. 18 0 0 " .. 36 15 0 Liability to Ohinemuri County 37 14 7 Council under award ga--1905-6 '.'. 15 7 0 zetted 19th March, 1903 — 1906-7 .. 19 14 0 January .. £179 lb 10 |iKI7-8 .. 90 14 0 February .. .. t)b J« " Water rates,"l9oB .. 86 8 3 March .. .. 30 16 ° 283 (i ~ jOQi'; " ' 60 4 1 Proportion of loan payable .. •• 876 4 4 Sanitary fees .. '■'■ '■'■ '■'■ 51 0 0 Wages and accounts current .. .. 1,168 6 5 Abattoir fees 81 13 0 Gold duty 3.349 6 2 Goldfields revenue .. •• •• mi v a Fees and fines .. •• •• 7 4 6 5 10 774 7 " Examined and found correct.—J. K. Warburton, Controller and Auditor-General. Real Property. £ s. d. Estimated Assets. £ s. d. Station .. 650 0 0 .. .. 22000 0 0 Section 6, Moresby Avenue .. .. 360 0 0 basworKs .. > Council Chambers 2,000 0 0 Abattoir 1.880 Abattoir Reserve 300 0 0 Sanitary service .. 2,000 Waitete Reserve 166 0 0 Stone-breaker Waihi Water-supply Reserve .. 110 0 0 Road-roller .. •• '« « Silverton Quarr -Reserve .. .. 3 0 Rre-bngade plant and appliances .. 600 Pound Quarry Reserve .. .. 3,000 0 «» Kerosene-store .. ■ « Waitete Quarry Reserve .. .. 300 0 0 .street lamps ■* Tauranga Road Quarry Reserve . . 200 0 0 Bowling appliances .. ' TooW Street Reserve -- 100 on Sundry plan. .. ■• ■** Recreation Reserve 2.400 0 0 Metal on hand ™ Riverbank Reserve .. .. •• 100 0 0 Sanitary Reserve .. ■ • • • 300 0 0 Sections 269-73, Waihi South .. •• 400 0 0 Springs Reserve, Moresby Avenue .. 100 0 0 rValmsley's Creek Reserve .. •• 1,600 0 0 £12,276 o_o t -" ) ' !lltl " ° Statement OF I'i-hi.if Debt. Waterworks Loan of £16,000 underth, Local Bodies' (Goldfields) Public Works Act, lliiil ,„,//,, .l„,-,,,W,,^,,»,///„ Local Bodies' l.„an.s let, 1901, borrowed for Twenty-six Tears, at 4. per Cent. Interest and Smkmg Fund. £ s. il. Loan inscribed as .. .. •• •■ •■ l->,3»7 2 4 Waterworks Extension Loan of £6,000 under il„ above-named Ads. for Twenty-six Tears, at 4. per Cent. £4,oooireoeived, insoribed as .. .. .. •• 4.047 2 6 iim* „ 14 3 £6,111 16 li Examined and found correct.—J. K. Warburton, Controller and Auditor-General.

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Statmjsnt ok Reskevbs and Real Estate under Regulation 26. Part Section 20, Haszard Street. 37 ft. by lili ft., Toomey Street Reserve, la. 2r 34,, I'ire-bri.ia.lc Station. p ound Quarr Resel . V( .. :ta 3- 0,,'/ Part Section 6, Moresby Avenue, .-.0f,, by Silverton Quarry Reserve, 6a. 3r. 30p. 66 ft., workshop and yard. Tauranga Road Reserve, 3a. 3r. Section - I. Haszard Street, 66 ft. by 99 fl.. Waitete Quarry Reserve, sa. 2r. 23„ ( o.meil hambers. Waterfall Reserve, 3 acres. Sections 269-73, Quarry Road, gasworks. Recreation Reserve. 12 acres. ./.'/■'.,'..,,, , .. (East End), 5 acres. Abattoir Reserve, Seddon Avenue, 28 acres. _ (Riverbank), 47 acres. U aitete Reserve. 2a. and 22p. Springs Reserve, 3r. 15p. Examined and found correct.- J. K. Warburton. Controller and Auditor-General.

Accounts of the Waihi Borough for the Year ending the 31st March, 1908. A Statement for the Year for which the Accounts are rendered, showing the Amount of Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the End of the Year.

Examined and found correct.—J. K. Warburton, Controller and Auditor-General. H. D. Morpeth, , , Borough Treasurer. Adopted at a special meeting on the 14th January, 11109. John N i:\vth, Mayor. W.-iwi Borough Council.—Balance-sheet of the Waihi District Kino Account fob ihe Vkar ending the slst march, 1909. I. General Account. Receipts. . s . a. Expenditure. £ s . d. General rates, 1902-3 .. .. .. 0 10 Balance, Ist April, 1908 16.845 15 a }?°_J-* 0 10 Salaries .. '995 g 4 „ [JO4-o .. .. .. 11 2 0 Mayors honorarium .. .. .. 150 11 0 „ 1905—(i .. .. .. 0 2 0 Legal expenses .. .. .. 93 I 11 l9oli-7 .. .. .. 11 mi 0 Travelling-expenses (staff, £4 17s. lid. ■ 1907-8.. .. .. 36 11 11 Councillors, £125 lis.) .. 130 8 R 1908-9 .. .. .. 792 0 9 Stationery .. .. .. li 7 13 3 Additional 10 per cent, on overdue rates .. 815 n Printing and advertising . 53 o, 1 Government subsidy on rates .. .. 176 0 3 Petty cash .. .. .. '.' 55 0 0 License fees, Interest on overdraft and bank oharges . I I Ml 18 7 Auctioneers .. .. .. 411 loo Election expenses .. 17(i 18 6 Publicans .. .. .. [„2 0(I Maps and plans .. . Xs 11 Wholesale liquor .. .. .. 20 O 0 Insurance,— Vehicles .. .. .. 14 0 0 Accident .. .. .. ■<)• - a Drivers .. .. .. 312 li Fire and fidelity .. .. 15 3I 1 Public buildings .. .. .. 17 0 0 Horse-feed .. .. 14 ,'; 6 Plumbers .. .. .. 3 0 0 Valuation and rates .. .. 44 11 li Butchers .. .. .. 4 0 0 Telephone .. .. 12 13 3 Billiards .. .. .. 4 0 0 Roads and footpaths, Kerosene .. .. .. 12 0 0 Day-labour .. . . 14.ii21 I o Gold duty .. .. .. 23,147 18 in Co-operative work .. 1,820 1 7 Goldfields revenue .. .. .. 1,518 4 9 Metal and breaking .. 982 9 3 Fees and fines, per Courts .. .. 42 3 0 Carting .. .. 2,429 5 Hi Dog-registration .. .. .. 119 7li Timber . '712 7 I Motor-registration .. .. .. 2 0 0' Material .. .. 1,658 18 2 Private crossings .. .. .. 27 3 0 j 12 224 2 11 Deposit on section sold .. .. 10 0 0 I Abattoir Road .. .. "'"ll <j n Miscellaneous .. .. 511 0 Payment to Ohinemuri County Council Bath • • ••••18 Hi 4 . (award gazetted, 19th March, 1903),— Recreation-ground .. .. .. 40 83 ' . Maintenance, Paeroa-Waihi Main Road. . 1,560 16 o Balance, 31st Maroh, 1909 .. .. 15,446 2 7 Proportion of interest on county loan .. 111111 Payment to Tauranga County Council under Siiaward gazetted 23rd March, 1905 58 0 0 Waihi Hospital and Charitable Aid Board.. 1,675 0 0 Carried forward .. .. ti1,072 In li Carried forward .. .. £35,573 14 0

For Year ending list March, Rates levied. Nature of. Amount of K, Outstanding at Struck or Beginning recurrent during of Year. Year. Amount of Kates levied. lates levied. Collected • luring the Year. Outstanding at F.nd of Tear. 190S 1907 906 1905 904 903 908 .907 906 General rate Water rate . . »» ■ • »» • • £ s. ,1. 90 7 ii 18 18 li 38 6 H 37 1 3 41 12 (I 158 1 1 71 16 2 £ s. d. 840 9 6 982 12 10 £ s. d. 749 15 6 70 13 6 3 11 6 0 11 6 0 6 3 0 2 1 916 4 7 129 0 5 11 12 1 £ s. d. 90 14 0 19 14 0 15 7" 0 37 14 7 36 15 (i 41 9 11 60 8 3 29 0 8 60 4 1

('. 11

I. Cknkrj.. \< i oi'st continued. Receipts. £ s- d. Expenditure. I .-- d. Brought forward ..£41,672 10 6 Brought forward .. .. 36,678 14 Waihi Pulilie Library .. .. .. 150 o o Waihi Music Hall .. .. 154 10 3 Waikino Domain . . • • . . 25 0 (I Waikino Library .. •• •• 10 0 0 I'arihuia Reserve .. •• ■■ 74 3 8 Tree-planting .. . • • • • • 209 6 5 Katikati Domain .. .. .. 37 1 11 Waihi Beach Una .. ■• •• 260 16 I Street-lighting .. .. . • 501 11 !• Prevention of fire . . • • • • 216 4 11 Construction of swimming-bath .. .. 820 15 8 Pound .. •• •• ■■ l-" 1 •"' :! Cottage at pound .. •• ■ • 60 18 0 Purchase of borough yard .. .. 200 o v Purchase, Seotion 274, Waihi South .. 37 0 0 Library-site • • • • • ■ 3 0 0 Water-cart .. .. •• •• 102 li 11 U almsley's quarry .. • • • ■ 225 11 2 Walmsley's tramway .. .. • ■ 550 12 2 Street-sweeper • • • • • • 20 0 o Stone-crusher.. .• ■• •• 838 6 4 Metal-hopper .. ■• ■ ■ •• :! '-> •"> 6 Waterworks .. .. .. 1,039 18 2 Bay of Plenty licensing election .. .. 14 13 7 Dog-registration .. • ■ •• 30 14 9 Audit fee .. •• •• •• 25 0 0 Street-name plates .. .. .- 31 15 0 Ashloril litter. . .. -• 24 II 5 Office furniture and fittings .. 56 8 10 Expenditure on public health .. •• 12 15 s Lighting ohambers .. . • • • 912 9 Caretaker .. .. ■- •■ 39 0 0 Night-watchman .. •• •• 6 5 0 Council Chan,hers . . . . . . 23 0 0 Drinkinii-fountain .. .. •■ 20 3 0 Hospital Trustees .. •• •• 26 0 2 Mi.-, cllancoiis . . . . ■ ■ • . 21 !l II Under section 101, Municipal Corporations \.-i. Mius : Salvation Army, £10; Cemetery Trustees, £10; social. £17 17s. lid. ; Municipal Association, £3 3s. .. .. 41 0 6 s« imming-baths .. • • • • 30 13 I Reorea! ion-ground .. • ■ • • 264 10 8 £41,672 Mi ii »'■"'-' '0 » 11. Ski-mut,: A, DOT-NTS. 1. Deposit Account. £ s. d. £ s - d - balance, Ist April, 1908 .. .. 18 o 0 Deposits 11 0 0 Deposits received I 0 0 Balance, 31st March, 1909 .. .. 80 0 £19 0 0 *M 2. Water-supply Account. I ... d. £ ■■ ,1. Toßa ie, Ist April, 1908 .. .. 958 13 6 Wages and salaries .. .. 185 16 0 Water rates, 1907 : ' l (1 " Pnntmg and advertising .. -- 9 6 ( iocs . .. .. 16 11 5 Analysis .. ■ • ■ ■ • • •> •> ° ■gO9 . . .. 1.083 11 4 Iteeight .. .. •■ •• 10 0 Water'ohanre 1907 .. •• •• 017 6 Transfer to Interest Aooounl .. .. 966 , 6 Mill* . .. 12110 9 Balance, 31st March, 1909 .. .. 1,273 Mi 8 " 1909 .. •• •■ 115 11 9 Water "services .. •• •• 108 19 5 £2,439 11 8 '■•■-'■ l:i!> 11 8 3. Sanitary Servia Account. £ s. ,1. £ - s - ''• To sanitary fee. 1,083 19 10 Balance, Ist April, 1908 .. 1,163 18 4 ~,.,,, .... 26 5 0 Wages .. •• •■ •• '81 7 - Balance, 31st March, 1909 .. .. 1,660 18 8 Horse-feed 162 10 9 .Maintenance . . . . . . • • Ob lb 11 Material .. • • 58 4 1 Printing, advertising, and oharges .. 18 6 0 Plant 240 13 0 Buildings .. •• •• 167 3 0 Improvement Account. . .. . • 91 13 3 Depot .. .. •• •• 9 11 0 £2,750 3 li £2,700 3 6

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-I. Abattoir Account. .... £ S. ,1. .. fees received .. 7_.> , ~ .. , , £ s. ,1. |--,i-,,„-,. -ii ,\, , -~„'„, " " 'B. 1 0 Balanoe, tei April, 908 sis n i Balance, 31st March, 1909 .. .. 808 12 5 Wages . .. \\ \\ 4,7 ,{, j„ Horse-feed .. .. .. II lr r Maintenance anil material 37 17 \ u f uei ;; 2210 1, Insurance .. .. , _ 1,, .> ~ Printing, advertising, and oharges 24 9 II * a,a 'A . .- .. '.. .. 52 0 0 Inspection .. ~ __ _ 84 (I II Buildings and plant .. .. \\ j'j ;i |~ g UMI 1:{ '■ £1.511, ,:, 6 5. GaSWOrks Account. '■as and fillings sold 3542 g 3 Balance, Ist April, 1908 - n«a o', Balance, 31st March, 1909 .. . 5846 'l 8 Plant " ,- • 4 '' 0 * , ■ v ° .. .. 3 li4<l |i; |] •• 627 9 1 Working-expenses .. .. .. 760 2 1 2 0 ? 1 ■■ ■■ ■■ ■■ 938 9 8 °_ laj 7 232 (i 11 g h ffSroß 56 8 11 Petty oash .. .. .. .. 10 0 0 Printing, advertising, and stationery .. 7 111 Manager's house .. .. ' .. 17 0 11 £11.3877771 £9,387 17 ll" ii. Loan of £ii.iimi over th, whoUDistriU under (h Local Bodies' Loan, Act, Mini, and th Local Hod;.,' (Goldfields) Public Balance, Ist April, 1908 .. .. 88 10 0 Material .. .. 80 3 6 ['"."<''"'-' ' •'.' 0 15 0 ljabour .. .. 7 117 m 10 » £88177 7. Interest Account-Interest on Inscribed l„ of £21,474 19,. Id. /,,, Construction of Water ks, at 41 per Cent, for Twenty-six Tears, over th whoU District. "' £ s d Trensferred from Water-supply Aooount.. 966 7(i Interest paid 966 7"c St\ti:mi:nt of I'.u.akcks. Accounts. £ s ,| ;• ; General Dr. . £16446 •> - n-,-,,., , aame. £ s . ,1. Sanitary, Dr. 1660 18 0 ->>str.et |~,,,d •,-,,,,,,,, .. ..22,369 5 0 Abattoir, Dr. " " 808 12 5 Dnpresented cheques .. .. ■ 119 18 8 ,!as •• .. .. 5,845 10 4 .. . , 23,7 til 3 4 Deposit Account. Cr. ..£BOO Water-supply, Cr. .. 1.273 Ml 8 1,28119 8 __» 3 8 £22.471, :; 8 The Audit Office having examined the balance-sheet and accompanying accounts, prepared as in accordance with the provisions oi the Municipal Corporations Act, 1908, hereby oertifa. to I „ Z aess thereof, subject to the following exceptions :— ' 1. The expenditure under section 101 exceeds by £116 lis. 6d. the amount authorized by the section I In- charges to the separate accounts n„„ red 3, I. and 5 exceed Ihe provision made to meet them. James B. Hkywood, Assistant Controller and Auditor. Statement ~k (Ash Assets and Liabilities, 31st Mabch, 1909. Assets. £ s <l 1 lif '""•■ nl »*" outstanding, 1902 3 41 811 District Fund Account™*"" ~ J'„ e_:- •• M M ° Unpresented cheques .. .. " ""'no is « tetel ;! •■ :{ ' 12 1 Liabihty to Ohinemuri County Council ,„ ! - "•» „ award. Mill, March, 1903 .. 352 1. 3 :: i!K :: JS 1 . S SXc^Ti oUlTen< :: - I'6oo1 ' 60 o I! I! 5an,,,,,,,,,;.. .. s .:' ;; "J! Froportionof Ln ■ - '■'■ 35 * ° • Abattoir tees .. .. , _ 70 5 0 ''"'''.''"'A '■'■ 164 0 0 l.oldfields revenue .. .. .. sgg jq 3 Fees and lines .. .. _ _ 22 7 8 Outstanding account, gasworks .. .. 592 1 0 Water rates. [906 .. £cv 4 | 1907 .. 25 4 8 1908 .. 19 16 10 1909 .. 76 19 7 182 5 2 £l ' mil * i £24,692 18 5

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Statement of Cash Assets and Liabilities, 31st March. 1909. „, „ . Pa d Estimated Assets. £ 8. dReal Property. £ 8 - <*• , -vinoo no Station .. Jg J 0 .. .. -- 23000 jj 0 Council Chambers 2,000 J A .. .. 1.900 0 0 .battoir Reserve 300 0 0 Abattou .. •• Waitete Reserve 155 on Sanitary service .. •- 2,0 Waterworks Supply Reserve .. .. 110 0 0 Stone-breaker.. .. -■ •■ «"' SihVertenOnanVlWrvc .. .. 300 0 0 Stone - breaW tram, and ho pper, Pound Quarry Reserve -- .. 3>°Wo 0 Walmriey s Tram .. •• i "^ ()0 Taurangaßoad Quarry Reserve .. 200 0 0 W-roller .. •• ggJJ ToonW Street Qiarry Reserve 100 0 0 Fire-brigade plant §»0 0 liccreation Reserve .. .. -- 2,400 0 0 Street lamps «0 0 v Parihuia Reserve 200 0 o ' " [[ 0 Sanitary Reserve .. •• •• 400 0 0 Water-cart .. Sections, Waihi South 450 0 0 Sundry plant •■ » » Spring Reserve, Moresby Avenue .. 100 0 0 Metal on hand Wa I msley's Creek Reserve .. •• 1,600 0 0 Borough Yard, Union Street .. .. 400 0 0 £12,265 0 0 t44 -" t !" " " Statement of Mi hi.i, Debt. Elusion of £6,000, borrowed under th abov, - d Acts, for Twenty-six 1 ears, at te pert ent. Inscribed Ist February, 1908 21,474 1!> l Statement or Reskeves ahd Kkai. Estate itndeb Hegtilation 26. Mar, Section 20, Haszard Street, 37ft. by 3r 29n -*52&_£Kf *"■ 3E;£i;Sr ( o.ine.l Cha mb ?™- S( . ( . 4 , , Uai ,ete Quarry Reserve, sa. 2r. 23p. °iv" 414b 414. 41 6 I 415b ' WsteMQ Reserve, 3 acres. ~..' o _-i„__ o«q 2«o_ ->7o 270 a Recreation Reserve, 12 aores. G X^r27^27r27 6 3%?4 69 ' ' „., . --, (East End), 5 acres. Waitete Reserve 2a. and 22p. Panhuia Reserve, 45a. lr. 4-;:lcvS,,-,-e, Reserve, La. 2r. 34p. Sprmgs Reserve, 3r. I6p.

Accounts of the Waihi Borough for the Year ending the 31st March, 1909. A Statement for the Year for which the Accounts are rendered, showing the Amount of Rates of each Nature struck or recurring for that Year; the Amount outstanding at the Beginning of that Year of the Rates of each Nature struck or recurring for Previous Years; the Amount collected; the Amount written off during the Year; and the Amount outstanding at the End of the Year.

Adopted ,it a special meeting of the Waihi Borough (Jouncd on the 16th February. 1910. John Newth, Mayor. Alfred Jackson, Councillor. H. D; Morpeth, Town Clerk and Treasurer.

Kates lovied. Amount of Kates levied. A1UOU Outstanding Struck or Collected l'«""" ed °" ts £ a " 1 d ' u f S atbeginnmg recurrent during the * nd „„ at £,„!• of Year. during Year. Year. written oil. Year. (_>->-.n._- (IV Struck or For Year , ending Nature of. :ilst March, Uutstanoing at beginning of Year. .-S.1I1CM. Ul recurrent during Year. 1909 .. General rate . . 1908 1907 1906 1906 1904 1903 1909 .. W ater rate I'.IIIS 1907 1906 £ s. d. : 90 14 o 19 14 0 15 7 0 37 l-l 7 36 16 ii 41 9 11 !! 66 8 3 29 0 8 ..J 60 4 1 £ s. d. 880 4 6 1.161 0 11 £ s. d. 792 0 9 36 II 0 0 19 0 0 2 0 0 2 0 0 I 0 0 I 0 1.083 II I 46 II 5 3 16 0 £ s. d. 0 10 0 £ s. d. 88 3 9 54 3 0 18 15 0 15 5 0 37 12 7 36 ll 0 41 8 11 76 19 7 19 16 10 25 4 8 60 4 1

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EXHIBIT 92. STATISTICAL TABLE FROM BLUE-BOOK SHOWING POPULATION, REVENUE, ETC., OF TWENTY BOROUGHS IN DOMINION.

EXHIBIT 98. OUTLINE OF SCHEME BY CAPTAIN BAYLDON FOR DEALING WITH DEPOSITS OF SLIMES IN RIVERS. 8lB >— Harbourmaster's Office, Thames, Bth June, 1910. I send you a lithographed chart, of the Thames River lower reaches—that is, below Hikutaia As I think thai the run of the stream from Paeroa rarely gets below ffukatia, on account of the flood tide meeting it there or thereabouts, I think the various recommendations as to snagging the river forming stop-banks, and in other ways confining the channel within reasonably steep banks is worthy of dm- consideration. It appears to me to be ~ question of getting rid of the slimes as easily as possible without injuring any one. or as little as possible ; and I think thai scouring the channel out outside Opani Point, and so lowering the fall, is as easy and feasible a method as could be adopted. I have shown in red lines on chart two courses. The ,-astern one, or Thames side, would need some amount. of dredging to cut through the hard sand and shells as .shown inside the lines. The lines more to the westward, \\. by X. j N.. would, in my opinion, only require raking or vigorously agitating on the ebb tide to scour away almost any silt that comes down with ordinary freshes. If these channels or either of them, were scoured out, say, 8 ft. deeper than the water shown on the plan, I opine it would be sufficient to scour away any slimes brought down. It might require t doi c raked over again as time went on. but experience has taught most of us that, once dredging or scouring has been started n has to be continued at intervals. If the N.W. by W. une w,-,,. taken, it would be necessary to form hall tide training-walls, and pump the sand and debris over on to the Thames side, with a suction dredge for preference; but if the more westerly line were adopted, it. 1 think, could he done with a raking or scarifying method, working only on the ebb tide. Years ago. in Cornwall, where silt from the tin-mines was blocking up a channel. ,t was found necessary to adopt a method ol raking, so as to make use of the ebb to carry away the silt, and \h- Charles Manuel has described roughly to me the way in which it was done-- viz!, by having a rotary barrel with pointed arms set into the barrel, and by a method of lowering this down and keeping n revolving the sand and silt were well loosened up. aud the scour took it away. Such a revolving-barrel could lie fitted to almost any dredge-ladder, and gear would be necessary in the shape of an endless chain, with a gipsy (sea term) on both barrels, and deck winch, and sum,- method of supporting the ladder at a required depth. I have not had rime to think out the mechanical details of such a raking-machine, but the method appears to me very feasible. Doubtless it might he found that some assistance in the shape of dredging would be warned to „ssisl the raker : lint what 1 contend is. lhat by deepening the channels where they spread out on mud-Hats, for want of confining and scouring, a great pari of the present difficulty could l„- overcome. As to where the cost of such work shall !„• obtained, ihose who have had the benefit of the river for us,- as a sludge-channel, ami th,- powers who granted them the right, should find the means. It

Nairn., of Borough. Revenue Average Population. Nu-iber of received from Total t^ Ratepavers. Rates, including Revenue. KMeepei Special Rate. Head of Population. Waihi Whangarei Devonport Mount. Eden Grey Lynn Parnell Thames Hamilton .. (risborne New Plymouth Palmerston North .. Napier Peton,' Blenheim Nelson Westport ilokitikii Lyttelton Tiiiiiiiii Oamaru £ £ £ s. d. 5,850 1,410 829 33,122 0 2 I 3,000 500 2.857 3.742 0 19 0 6,3(in 1,103 8,564 9,282 I 7 2 8,700 2,409 5,854 7.217 0 13 4 7,000 1,356 5,995 7,828 0 17 1 5,600 674 6,974 7,573 1 4 10 3,750 920 2.919 6,380 0 15 6 2,600 550 2.749 5,499 I 1 ] 7.i)(«' 1,200 13,560 20,254 1 18 8 5,200 800 9,491 18,675 1 16 10 11.650 1,420 16,536 25.323 1 8 I 10,459 1,306 17,591 21.793 1 13 7 7.200 1,026 8,902 19,415 1 4 8 3,351 751 3,235 10,313 0 19 6 8,455 .. 20,128 27.522 2 7 7 4,000 1,200 4,943 1 4 8 2,100 625 1,562 3,870 0 10 1 4,150 635 2,194 11.064 0 lo 6 7.600 1,450 15,789 20,815 2 1 6 6,000 1,250 7.476 20.263 1 4 1] i I \_

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looks to me fr,,,,, the agitation at present going on for bridges across the nver that in a short time he „,„„„- ~,,,-1,,-s in the river will be a negligible quantity, and that navigation will have to cease and the J„„. b „„,,,„, „„ ,-,,,„ 50,,,,- convenienl site either inside or outside the nver and by rail As long as ,; _annel is kepi deep enough everything can In- washed to sea. It may, like other places known, hoa agTn outside, and con uently need fol -in,- and raking further „t,< :bu ~ would be more gradual as time wen. on, having a much greater extent „l ground to spread over and deep,-, Watei to S "' k There mm not be much in the idea here propounded, hut I an, assured by Mr. .Manuel that in his part Of Cornwall, where he learned his mining, it acted well and effectively. ' i have, ofcc., T. ('. Batldok, Harbourmaster. W Ferguson Esq., C.E., chain,,an. Ohinemuri Silting Commission. NOTE. -The Piako River mouth, if deepened three or lour feet where now dry at low water would, ; i |i,,,k. assist in scouring. T. ('. P>.

EXHIBIT 94. STANDARD LABORATORY SCREENS FOR TAILINGS AND SLIMES. Table showing Institution of Mining and Metallurgy Standard Laboratory Screens.

Diamhteb ok Apertures of Screens actually used at Waihi and Junction Mills. qj ia *r*Qt;sll Waihi Gold-mining Company .. .. 0-085 mm., 0-095 mm. Waihi Grand Jnnrtion .. .. -- 0-082 mm., 0-075 mm., 0-085 mm. 150-mesh,— Waihi Gold-mining Company .. •• o-iiomm. Waihi Grand Junction .. •■ ■■ 0-11 mm. ' ,K, Tl,Cra.Hl Junction .. .. •• 016 mm., 015 mm., 0-16 mm., 0165 mm. 9th June, 1910. Wm ' FbANK The Waihi Grand Junction Cold Company (Limited). Sib _ Waihi, Auckland. X.Z.. 13th June, 1910. _, requested by you, 1 communicated with the v*arious mines in tins district to obtain, if poss,l,h- samples of the various screens as used in the respective laboratory for making then sizing-teste, and hcrewa'l, append a lis. of the results of examinations, and also small samples „l the screens tested. ~,d -, small nice- of a standard 80-mesh screen. . . I m ~ - enclosing two letters from Messrs. (livening and Sons, of Warrington .England, in which v „„ tl v 1,,-v .«a„- they „niv make up to 120-mesh. 1 have, however, so far only been ale to obtain ; , n ,he Wmesh, and as tins is s„ much finer than the commercial 100 1 have bad to defer the -,d on of the standard sevens until such time as 1 could obtain a complete set up to. say. 200 !T3l_ until 1 have completed various comparative tests on the efficiency ol various changes rSve madSn our mill You will note that standard 80-mesh is very nearly what our 100-mesh seven ''"""'As you might like to perns, the Institute of Mm.ng and Metallurgy Standardization Table, 1 have enclosedit but would like you to return me the same. I „.,„■,-. that Mr. Daw did no, send me any samples, and I enclose you l„s reply to my letter. Trusiii,,. this will give you all the information you require, lours, &,.. Wm. Frank Grace. ■I-,,,, Chairman, the Royal Commission of Silting of I tl inemuri and Waihou Rivers. Wellington.

Mesh, or Apertures per Linear Inch. : Diameter of Wire. Aperture. Screening-area. 20 30 4(1 60 so KM) 120 140 150 200 In. Mm. 0-0250 0-635 00167 0-424 0-0125 0-317 0-0083 0-211 0-0063 0-160 0-0050 (1-127 0-0041 0104 0-0033 0-084 0-0025 0-063 in. 0-0250 ' 00166 i 0-0125 i 0-0083 i 0-0062 D-II050 u-0042 0-0033 0-0025 Mm. 0-635 0-421 0-317 0-211 0-157 0-127 0-107 0-084 0063 Per Cent. 25-00 24-80 25-Ou 24-811 24-6(1 25-00 25-40 24-50 I 25-00

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Micrometric Measurements of Apertures of Screens in Use at the Mills at Waihi and Karangahake.

Waihi. 15th June, 111 10. w „ Wt> ~ \\ m. Frank Crack. n , „ Kmm N - Greening am, Sons (Limited). Warrington, England. I / r. A ]■' iM RS. We are much obliged for your esteemed favour of the 2nd instant. In reply we have measure to enclose you a list oi the I.M.M. standard laboratory sevens; also our quotation 1,,,- same We have all numbers from sto 12<ready which we can supply in Sin. squares, or made _p into sieves \\ c are not ye ready with the 150 and 200 meshes. As soon as we are we will ad vise you We shall lie glad to know what we may have the pleasure of dome for you Awaiting your further favours. We are &<■ For N. Greening and Sons (Limited) : Lin. (trbkning. The Waihi Grand Junction Cold Company (Limited). IS Pinsbury Circus. London. B.C. Quotation from N. Greening and Sons (Limited), Warrington. I) " ;AK S " ; , s - 3rd November, 1909. In reply lo your esteemed inquiry of the 2nd instant, we have much pleasure in quoting you as under, and trust we may he favour,,! with your valued orders, which shall have our most carS ill i* iiriOii. Place of delivery Warrington. Tim,- of delivery — Terms of payment ■--Net cash. 10th of month following ,1 v. Open tor acceptance racking, if any. at cost-price extra. All orders arc lake,, subject to strikes, lire, and other causes of delay beyond our control. I.M.M. Standard Laboratory Screens. In Bin. Squares, without 'Frames. No. 5. 8. 10. 12. 16. and I'd mesh steel . . A, r,/_ n „ « • ■vt ~,,,,,,. , •• •• •• At 0/4 per oin. square. No. 30 and 40 mesh brass .. -'~ r » No. 50. 60. 70. SO. and DO mesh brass '.'. " " 6/8 No. 100. 120, 150, and 200 mesh brass .. .. 8 / ( , If with brass frames. S iii. diameter " io/o , i '' H-.i - i ..- , ii- ~. .. ' ' ' - - .... 10/o eacn extra. with japanned tinned steel frames, Bm. diameter .. .. 4/0 Brass lids .. .. .. • • ■■ / Brass bottoms . . . . . . . . './,o Japanned steel lids (tinned) .. .. .. o/n Japanned steel bottoms .. .. .. " H,, n fours, &v.. For N. Greening ami Sons (Limited) : Lin. Greening (Sole Proprietors of the Brand, " Agate Steel"). Messrs. The Waihi Grand Junction Cold Company (Limited). 18 Finsbury Circus, London. E.C,

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No. of Sample. Used as Mill. .Mill. Average ., Ilia,,,,.,,.,... Maximun Average Diameter of Aperture. .Maxim,,,,, Diameter. .tl |[|. I-lanu-ter ot No. 1 . . . . 60-mesh . . Waihi Mill •-;■■ ■ ■ » .. Waikino Mill ' • • • • >> • • Junction Mill "' ■• •• 80-mesh .. W'aihi Mill " t " " " Waikino Mill „ o • • .. 100-mesh .. Waihi Mill ••<'.. - - - .. I Waikino Mill ■■ * • • ■ • .. .. Junction Mill _» 9 • • 30-mesh .. j Talisman Mill No - 10 80-mesh .. Standard I.M.M. Aperture. Diameter, Mm. Aim. d-240 0-26 0-244 0-27 0-285 0-24 0-1'.17 (1-2(1 0-185 Did 0170 0-18 0-165 u-17 0-160 (1-17 0-50(1 0-52 0-160

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Thk [NBTmmoH of Mining and METALMJBeT.-STAMDARDiaAnoN. Mksu of Wirk, Cloth. The following table of " I.M.M. Standard Laboratory Screens " is intended for use in making ~,,ding-tests and for the correlation of screens used to commercial or other work. When screens other than the I.M.M. standards are employed, the diameters of apertures should he Pcx unear inch, it *~. be ~„,.„. th:,, .£ has been reduced to a minimum. a 8 it is desirable J, abandon excessive refinements in grading-teßts. It is believed that the I.M.M. standards will meet all neces, SaVV to state whether wei or dry s,, dng has been employed.

I.M.M. Standard Laboratory Screens.

Note - Whilst absolute accuracy to the fourth place of decimals of an inch is impracticable in the manufacture of wire cloth, a sufficiently close approximation to the above standards is a tunable_ The adoption of a screening-area of 25 per cent., uecessitatmg equality of size of wire and aperture, secures perfect interlocking, and consequent permanence of aperture. Some of the finer-mesh screens can only be woven m what is known as twilled. By order of the Council. Salisbury House, London. 8.C., 4th November. 1907. C. McDeRMID, Secretary.

The Waihi Grand Junction Gold Company (Limited), Dfar Sib- Waihi > Auckland > NZ > 23rd Juno ' l9l °- I received yesterday the screens as used by the. Waihi-Paeroa Gold-extraction Company and herewith append the micrometric measurements of the apertures. I regret I cannot send pieces ol the screens but the only ones sent me are mounted, and cannot therefore, be cut without spoiling them. Screen 100-mesh : Average diam.. 0-155 mm. ; maximum diam., 0-16 mm. 150- • „ 0-085 mm. ; „ 0-09 mm. " n 200- "„ : „ 0-075 mm.; „ 0-08 mm. The 150 and 200 mesh were " twilled." 1 am, &c. Wm. Frank Grace. William Ferguson, Esq., M.A., Chairman, The Royal Commission on Silting of Ohinemuri River.

Mesh, or Apertures per Linear Inch. Diametei of Wire. Aperture. Screening-area. 5 8 10 12 16 20 30 40 50 60 70 80 90 100 120 150 200 In. 0-1000 00630 0-0500 0-0417 0-0313 0-0250 00167 00125 0-0100 0-0083 0-0071 0-0063 0-0055 0-0050 0-0041 00033 0-0025 Mm. 2-540 1-600 1-270 1-059 u-795 0-635 0-424 0-317 0-254 0-211 0-180 0160 0-130 0-127 0-104 0-084 0-063 In. oiooo 0-0620 0-0500 0-0416 0-0312 ((-O250 0-0166 1)0125 DDlOO 0-0083 0-0071 0-0062 0-0055 0-0050 0-0042 0-0033 0-0025 Mm. 2-540 1-574 1-270 1056 0-792 0-635 0-421 0-317 0-254 0-211 0-180 0157 0-139 0-127 0-107 0-084 0063 Per (lent. 25-00 24-60 25-00 24-92 24-92 25(H) 24-80 25-00 25-00 24-80 24-70 24-6(1 24-5(1 25-00 25-40 24-5(1 25-00

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EXHIBIT 96. WAIHI-PAEROA GOLD-EXTRAC'IION COMPANY'S APPLICATION FOR NINE RIVER CLAIMS. WARDENS WRITTEN JUDGMENT AND NOTES OF EVIDENCE. Judgment. Tin-: Waihi-Paeroa Cold-extraction Company are the applicants for nine river claims, embracing that portion of the Ohinemuri River lying between a point near Mackaytown and a point about half a mile above the junction of the Waihou and Ohinemuri Rivers. These claims are to be taken up for the puriKi.se of collecting and treating the auriferous tailings lying in the bed of the river, with the object of extracting the remaining gold therefrom. The tailings mentioned have been discharged from the quartz-crushing mills at Waihi, Waikino, and Karangahake for a number of years past, and have been brought to the place at which they are now lying by the action of the Ohinemuri Hiver. The applications were objected to by the Thames Harbour Board, the Thames Borough Council, and the Thames County Council: also by Arthur Charles Hubbard on behalf of certain residents of Paeroa, by the Netherton Branch of the New Zealand Farmers' Union, by Samuel Charles Laughlin, William Moore, and the Thames Valley Co-operative Dairy Company. The objectors oppose the granting of the applications on the grounds, generally, that "the operations of the claimowners will injuriously affeci private property, the navigation of the river, the Thames Harbour, and the tithing industry at the Thames. During the hearing of the applications it appears, however, that if the licenses are made subject to a condition that the grantees are not to return the tailings to the river after they have dealt with them, the objection to the granting of the licenses will not be maintained. This condition, it is argued, the Warden can impose under subsection (/) of section 170 of the Mining Act, 1908. In addition to those mentioned above, objections were lodged by William Marsh. Tnuti Ti Putu, Ashei Cassrels, Rihitoto Mataia, Frederick Cock, and Susannah Jamieson, on the ground that the claims applied for, or some of them, encroach on their private lands. All these, however, are withdrawn, with ihe exception of those of William Marsh, who objects to the applications for claims Nos. 8 and 9. The matter of the company's applications seems to have aroused much interest in the district, particularly among residents holding properties on or near the Ohinemuri and Thames Kivers. It appears from the evidence taken at the hearing in Court that these people are convinced thai by reason of the discharge of tailings into the river they are made to suffer great loss and injury to their lands and to the pastures and crops, and are injuriously affected in their use of the Thames River because, they assert, its navigation is being destroyed, and they believe that the intended operations of the applicant company will add to the evils complained of. The matter is one of great importance, therefore, not only to the applicant company, who contemplate spending a large amount of capital in the erection of their plant and in the prosecution of their work, but also to a considerable section of the public, who are apprehensive of injury to their property by the company's intended operations. A large amount of evidence was placed before inc. Much of that given by the objectors was not pertinent to the applications under consideration, but was directed to show generally the injury already done and now being done by the use of the rivers mentioned as sludge-channels. The matter was ably argued on both sides, and after giving the question careful consideration I have come to the conclusion that, in view of the Governor's Proclamation and the provisions of the Mining Act, it is not competent for me as Warden, if I grant the applications, to prohibit the licensees from using the Ohinemuri River as a sludge-channel. This river, with the Thames Hiver. with their tributaries (except Tarariki and Komata Creeks), were by Proclamation of the Governor in Council ~f the 25th March, 1895, declared and proclaimed, as from the 10th July. 1895, to be watercourses into which tailings, mining debris, and waste water of every kind used in, upon, or discharged Iron, any claim or licensed holding adjacent to such watercourse should be suffered to Row or be discharged. This Proclamation was made under the provisions of the Mining Act, 1891, but is still kept in force by the operation of section 6of the Mining Act, 1908. Subsection (a) of section 135 of the Mining Act, 1908, gives to holders of claims situated in the watercourse the right to discharge their'tailings and other dibris into the watercourse. The claims before the Court are taken up for the express purpose of working the bed of the river, and it does not appear to me that, because tlie licensees will, in the process ~f treating the material, have to lift it out of the river-bed, their right to the use of the liver as a sludge-channel is thereby in any way affected, or that a condition that this material is not again to be returned to the bed of the river can be imposed without infringing their statutory rights. If if were possible to deal with the tailings with,nit removing tliem from the river, it is clear that it would be impracticable to place a restriction upon the use of the sludge-channel, unless, of course, the Warden refused to grant a license at all. There is no gainsaying the fact that the use of the river as a sludge-ehannd has in many instances operated injuriously to holders of property along the river-bank, and that in portions of the river the water has shoaled to the extent of preventing its navigation, at any rat;- for the time being. But if, moved by a desire to end or amend this condition of things. I begin by refusing these applications, or by imposing conditions prohibiting the use of the proclaimed sludgechannel. I miist be consistent, and refuse all future applications for claims on or near the Ohinemuri River; or. if I grant them, restrain the owners from using the river as a watercourse into which they may discharge their tailings and dibris. By doing this 1 should be virtually closing the sludge-channel except to the claims now using it. I should, in fact, be nullifying the Governor's Proclamation. This T have i,"t the right cr power to do. Now. in respect of claims or, the banks

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of or near to the Oliineiiiuri River the working of which would necessarily add to the tailings and (libris already in the river, 1 oould nol refuse to grant licenses nor prohibit the use of the river as a sludge-channel. I can have still less jurisdiction for so aoting with regard to the claims now applied for, the operations on which will nol add anything to the quantity of tailings already in the river. Hut it is urged that if I eaiinot take away the right of the grantees to put their tailings back into the river when once thei* applications are granted, 1 can, in exercise of the powers given to the Warden under subsection (in) of section 165 of the Mining Act. 1908, refuse the applications altogether on the ground thai it is against the public interest that they should be granted: In re Patterson, .wi N.Z. L.R., 295 cited. If I hold the granting of these claims to be against public interest i can only do so because the companj intend to use the Ohinemuri River as a sludgechannel- a thing which under the Governor's Proclamation and the Mining Act they are distinctly entitled to do as owners of claims in the watercourse. That is to say. I am to refuse this company s licenses for their claims because they intend to do what they have a positive right to do. It the objectors' contention is sound, then it would be applicable to all claims hereafter applied for, the tailings from which would find their way into the Ohinemuri River; and to give effect to it would lie virtually to stop any increase to the number of mining claims as at present existing. Whal the objectors are apparently aiming at is to procure the disuse of the Ohinemuri River as a sludgechannel But this sludge-channel exists by virtue of the Governor's Proclamation giving to all miners with claims adjacent to it the right to use it for the disposal of their tailings. &C., and thai fact cannot be overlooked by me. nor can I overlook the fact that the Mining Act in force at the time afforded opportunity to all persons then affected by the Proclamation to claim and obtain compensation for any actual or prospective damage. 'I he conclusion at which I have arrived is that I cannot refuse the applications on the grounds put forward by the objectors, nor can I impose a condition forbidding the return of the tailings to the river Whatever may lie the effect on my mind of the evidence with regard to the injury done to the Settlers near the river, it will not give me the right to interfere in_ such a way as to render nugatory the Governor's Proclamation and deprive mine-owners of the rights conferred by it The Applications therefore will, upon the surrender of the existing titles, be granted, with the exception of those for claims Nos. 8 ami 9, to which Mr. Marsh has objected. These are adjourned, ami will be dealt with at a future date. I am of opinion that the: Warden, though not empowered to interdict the use oj the sludgechannel could if he deemed it in the public interest to do so, impose reasonable conditions stipulating the place of discharge of the material back int., the river, and this I have been asked by certain of the objectors to do in the event of my deciding to gran, the applications without a condition forbidding the use of the Ohinen uri River for the return of the tailings. Ihe question is whether the circumstances of the case demand thai such should be done. I, appears from the evidence that during receni years a bank—by some witnesses called an " island "—has formed at the junction of the Waihou and Ohinemuri Rivers It is alleged by several of the witnesses called for the objectors that this island has been formed by tailings brought down by the Ohinemuri. It appears, however, to have been caused originally by some obstruction carried'there by the river on which fragments of willow have caught ami grown, ami around which tailings and rher-drifi have accumulated. I. is alleged by several witnesses, particularly those resident at Netherton, that this island, by interfering with the current ol the \\ athou K.ver. causes it to How back over the low lands above the Junction, whence i 1 finds its way to Netnerton, aooding the land, and causing great injury and loss to the settlers by the damage done to the grass and crowing crops. It is urged thai if the applicant company is permitted to return the tailings to the river at the point indicated as the site of the reduction plant (about three-quarters of a mile above the Junction in the Ohinemuri River) the obstruction at the Junction previously referred to will b, much increased, and the damage from Moods greatly aggravated. No doubt, if the tailings were t<, be returned to the river in the condition in which they are removed, H would result in a decided accretion to the island and seriously impede the low ol the Uuhou River. The evidence shows, however, that the material lifted on, of the river will be subjected to a process aflS exceedingly fine grinding that the resulting tailings, or. as thej are called, slimes, will be caS aw£ by the action of the river before they have tin,,, to permanently settle in the river or * 11, , ~i on the banks. Tl bjectors and their witness., contend that even the fines -ground ~ilinls are deposited in he river or on the river-banks, and during times of high flood spread upon the knd The evidence is abundant that .he coarser tailings are to be found in large ~van; c the river, particularly above .he Junction ; but the evidence as to the accumulation o the fine taUings-the slimes is by no means - positive, in fact, numbers of wi nesses were challenged to ay if anywhere they had seen a deposit of > in. of slimes and were unable to do so Having come to the conclusion that 1 cannot prevent the use d the «iver as a sludge-channe by the applicant company, it is unneoessarj for me to weigh the evidence generally as to the present S future damage to the lands of the settlers, or to the navigation o the river and harbour, oi to the injury done or likely to be done, to Ihe fishing industry by the discharge of tailings into Ihe river "these considerations cannot, for reasons I have given influence ™ '.

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OHINEMURI No. 1 SPECIAL RIVER CLAIM Block XVI, Waihou Survey District.

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Hon in the channel, and will be carried much further down the river than if they had remained in their coarser form, and will in all probability in time reach the sea. The evidence is that experience has shown that these slimes, from their excessive fineness and lightness, will not settle permanently : although during slack water at the turn of the tide a small proportion of them may sink to the bottom and be left by the falling river, they will be lifted again on the inflowing river at Hood tide, and when it Hows down once more will be deposited again further down the river, but never resting in one place long enough to form a deposit of more than an inch or two. This appears to me, therefore, to be an answer to the contention of the objectors that these tailings will add to the existing obstruction at the Junction, ami increase the liability to flooding of the Netherton district. The condition of the river will not Ix- rendered any worse than it is, and there is a probability that it will be improved. 1 do not think, therefore, I should impose any restriction as tn where the tailings shall be returned to the river. There is also this further consideration: that it has been shown in evidence that these slimes will not flow along a comparatively flat surface, and a channel through which they could run would have to be erected at a considerable angle, and large quantities of water would have to lie pumped from the river to cause them to flow. In view of the evidence as to the action of the slimes in the river, it would be unreasonable to compel the company t,, incur such a large expense for the purpose of carrying their slimes i,. the Junction, when the water of the rive" will do it equally as well. 1 do nol make any condition, therefore, as to the point from which the tailings will be returned to the river, but, as the claims are bounded all along their course by private lands. I impose a coiulition that for the protection of these lands no operations shall be carried on in the bed of the river on any of the claims within 2 ft. of the bank on each side.

Vol. x, folio 100.—No. of license : 7289. -Form 29 (Reg. 38). Uiuler the Mining Aei. 1908. License fob a Claim otheb than an Ordinary Claim. Pursuant to the Mining Act, I DOS, 1, the undersigned, Frederick .lames Burgess, Esquire, a Warden of the Hauraki Mining District, do hereby grant to the Waihi-Paeroa Gold-extraction Company, of Auckland, this license for Ohineinuri No. 1 Special Rivei Claim, in respect of the land described in the First Schedule hereto. This license is granted for a term of forty-two 'ears, commencing on the date hereof, subject to the payment of the rent as specified in the Second Schedule hereto, and also to the terms, conditions, reservations, and provisions set out in ihe aforesaid Act and the regulations I hereunder, and to such additional terms, conditions, reservations, and provisions as are specified in the Third Schedule hereto. In witness whereof 1 have hereunto subscribed my name, and affixed the seal of the Warden's Court at Paeroa. ihis eighteenth day of March, 1910. F. J. Bukoess, Warden. First Schedule. All that area of land in the Hauraki Mining District, containing by admeasurement IS acres, more or less, situate at Paeroa, being portion of Block XVI of the Waihou Survey District : as the same is more particularly shown on the plan drawn hereon, coloured blue. Second Schedule. 1. A rental in respect of each acre, or portion thereof, at the rate of 2s. t',,l. a year for the period elapsing between the date hereof and the last day of June, ensuing after the expiration of one year from the date hereof, ss. for the next succeeding year, and 7s. (',,1. for each subsequent year during the term of the license: the amount of the rental being for the' first year ti 55., for the next succeeding year .£4 10s., and for each subsequent year .£(' 15s. 2. All payments in respect of the aforesaid rent have been duly made up to the last day of June next following the date of ibis license, and the subsequent payments an- in Ik- made by halfyearly instalments in advance, the first half-yearly instalment being due and payable in a,lvan,-, on the last day of June aforesaid. Third Schedule. 1. The right of the public to use the river for ordinary purposes ami for public traffic is reserved. 2. That the owner hereof will bono fide and continuously work the claim by carrying mi mining operations for gold thereon with reasonable diligence and skill, and will commence such operations within twenty-one days from the date of this license. 3. That the licensees, their successors or assigns, will ~,,i can -s on mining operations in thai part of the ted of the river on any of the claims within 2 ft. of the bank oh each side. i. That this license is issued subject to the provisions of the River Boards Act, 1908. I-'. .1. I>i RGEBB, Warden.

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Warden's Notes of the Evidence. James Henry Adams, sworn: Employed by my brother, Mr. K. F. Adams, surveyor, Thames. 1 was instructed to peg out these claims.' 1 marked out nine claims; commenced at No. 4; put in regulation sized pegs: marked out as required by the Act. The claims from Xo. 4 downwards were pegged from a boat :we pegged first one side of the river, and then the other. No. 4 claim pegs marked with E/4 and No. •", claim with E/3, and each claim 1 marked with E over the number of the claim up to No. 9 : cut lockspits at each peg. Pegs were put in at commencement and termination of claim. I also put in pegs at every bend of the river with lockspits. Every claim had terminal pegs, as well as at the bends of the river. Begs were put m close to the edge of the river- put in at half-flood marks, or perhaps below that. I had tracings of the claims when I marked them out. I marked out the claims in strict accordance with the plans. 1 posted a notice on each claim. 1 conformed to all regulations as far as possible m marking out these claims. In claim 7 I put a peg as close to the river as I could, SO as not to include any of the occupier's land if possible. Claim No. 8: I do not remember any ol Mr. Marsh s land being included. I put peg dose to the river: may have been a foot or two away. In cam. No. 1, terminal peg is where bank is sloping: I put peg about half-way ~,, the bank (lain, No. 5, highest peeiß pretty close to the water: on the bend of the river above put peg close to the bank : the terminal peg is'close to an old willow. Peg was nailed to this willow in No 6 claim. Know Mr. Nioholls's land: think peg put fairly high up on the bank, where the silt-mark meets the grass in the paddock. Mv Mr Clendon: Claims commence half a mil,- above the Mackaytown boarding-house, and finish at the Junction, extending over eighl miles: claims are all adjoining. I should say tha, the claims -,re coterminous with the existing claims. Pegs are within 10 fl. or 1.) tt. ot the original pees. 1 used compass bearings to find the positions. So far as I an, aware I an, within 10ft or 15 ft of the original pegs. Cannot say how many channels at Marsh s. I was present ami saw ever* peg put in; marked on both sides of the river. I did not put ill any peg -5 chains from the river. Cannot say if river-bed is ill same position as when these claims were surveyed some years ago. By Mr Miller: Pegs are practically in position of old pegs. Original pegs are all covered with silt Could hay,- put new pegs directly over the top of the "hi pegs. 1 put the pegs in such positions that they would not be washed away. and culd be maintained, and as near as possible to tfie position of „ld pegs. Pegs put over the old pegs would be liable to be earned away by floods 1 did not find the „ld position; did not find any of the old original pegs. Pegs could have been put in the original spot, but they would have been difficult to maintain. Re examined - I had assistants with me when I put in the pegs: had William McMahon with m,- A, terminal peg of claim No. 8, 1 put in new peg within 10 ft. OT 15 ft. of the position of the ~I,| pees I took compass bearings for tin- terminal pegs: -round included in pegs 1 put m-s the same as shown on the plans in Court. I have n„ recollection of going back :, chains from the river and putting in a peg. Never went back a chain. Put them on the bank of the river where people could see them. (Miner's right produced. 70849, dated 12th May, 1909: also newspaper containing copy ol advertisement of applications.) WiUiam McMahon, sworn, saith : Assisted Mr. Adams to peg „„l these river claims. I have „„ recollection of putting in any peg 3 chains I,-,,,,: .he river-bank. We put pegs as close as we could get 1„ the river-bank. If there was a w illow-t ,-,-e close at hand we fastened the peg to the will„w:,ree. Ido not think we wen, more than Bft. 0, KM-,, from the river-hank at the Mr. Adams took the bearings of each claim. Each claim was pegged at the terminal, and on each side of the river. .'.».. . , t> ~ Examined by Mr. Clendon :I do not know a great deal about the Mining Act Put in pegs and lockspits: lockspits mostly 4ft.; depth about a foot: about a toot wide. Did no, measure i 1',,,, all but I should say they wen- about a 10,,,. I.id not know anything about existing Claims. We kept away from th,- water's edge, as we thought the pegs might be washed away. Prima Facie Case for Applicants. I, is agreed, That evidence given by George War,,,- a, Thames be admitted as evidence in this ease also: that the evidence of William Baker, W. .1. Mettenmck. and W. H. Lucas, it given. would corroborate the evidence of Mr. Warne. That evidence of Albert Knicc. William Henry Baker, Thomas Cook Bayldon, and William lieddish be admitted as evidence in this case. That Charles Tavlor, Henry Kerbv, and Frank Robinson would, il called, corroborate the evidence of William Reddish as'to the effect of the tailings in the Thames River upon the fishing industry of the Thames. I, is also admitted that Mr. It. N. Buttle would give evidence bank has been formed in front of bis place on the Thames River opposite Kopu. It is also admitted that Mr. Kerby s evidence would be tha, he is trading up and down the nver with steam-launch tor some years.. hat the river is getting shallower: and that, owing to Hie shoaling ol the nver he cannot navi- ,'„„ the liver as he could do in previous years; and that be enrol,.,rates the evidence ot William Reddish as to the fishing industry. (All objections of owners of private lands n encroachment are withdrawn, except with respect to Mr. Marsh. Question of costs to be reserved till conclusion of the case.)

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For the Objectors. Arthur Charles Hubbard, sworn, saith: Objector on behalf of Thames Valley Co-operative Dairy Company, and on behalf of Paeroa residents. 1 was appointed by a meeting of Paeroa residents on the 6th January to object on their behalf. 1 represent the dairy company. I am chairman of directors of that company, and authorized to object on their behalf. lam acquainted with what has been going on with regard to discharge of tailings in Ohineinuri and Thames Hi vers. I have made calculations from the published returns of the mining companies, and find considerably over a thousand tons a day are treated at the different batteries. Majority of this is sluiced into the river. A great quantity of this stuff lodges in the river. I mean, it never gets out to sea—remains in river and on the banks. li is a solid, and sooner or later i, must settle. Round about Paeroa, river is affected by the tide. I know Mr. Marsh's property, and I understand they commence there. I cannot speak with certainty, but I have seen the tide running up under the bridge. The tide affects the water beyond the bridge. We have on our farm (brother's and mine) a considerable extent of low-lying land which we have tile-drained. These tile drains lead out into open drains. This drain opens int., ihe sludge-channel. This sludge-channel is the Komata Creek, and it empties into the river. Though this creek has been used as a sludgechannel for several years, it has not materially affected the working of the tile drains. At the commencement of this winter I had the open drain cleaned out : before the contractor had finished his work a fresh took place. This fresh lodged a considerable quantity of silt in drain, and I had to pay the contractor extra to remove Hie tailings. Shortly after he completed this job another fresh came along, and lodged another deposit of tailings in Hie drain, and again I had to let a contract to clean it out. A third fresh came shortly after this and lodged a fresh deposit, and it is there still. Tile drains cannot work while outlet is choked up. I have lieen in the district rather over seventeen years. Shortly after I came up here I had occasion to go out to Mr. Marsh's, and crossed the river. At that time the banks of the river ran right down to the water's edge. and Marsh's cows fed on them. I have been out at different times, and T have noticed gradual silting going on, until now there is an area of ground, estimated by Mr. Marsh at 20 acres. covered with silt. Marsh lives six or seven miles away from me. I have heard of general damages' but I have never been to see them. I have nothing to say about shoaling the river. I know locality where claims are. River is very tortuous there. ' AVhen January floods occurred two years ago, one settler had for his cheque for one month £150 (Fisher Bros.). This flood stood for some days on his place at Netherton, and when it subsided the grass was' killed. He had to turn his stock out: sent them away to graze. (Adjourned to 7.15 p.m. Resumed.) Fisher's cheque for the month of February was £1 9s. M. He could not continue milking, for he had to replough and resow his farm. Great, many farmers affected same way. For the December month of 1906 the total payments to settlers for creamery was about £1,296, and the payments for February following was £500-odd (December. £1,275 10s. lOd. ; and February, £574 3s. 2d.). This is the Netherton creamery only. Always is falling-off after December. The payments next December, .£BBl 19s. Bd., and payments for February, £632 lis. 2d., showing much less falling-off than for previous year. Large deposits ~f tailings' can bo seen by any one" going along the river. Majority of our supply comes from the river-flats. In conjunction with residents we have taken steps. Have sent deputation to 'Wellington. Several Ministers have been here Have taken them up and down the river, and have had witnesses before them. They made us promises. We had a deputation at Wellington within the last two months. Silting Association have letter saying Government will set up a Royal Commission to inquire into silting. During flood in January, 1907, had a paddock cut and standing in stooks. Flood came over the paddock, and great portion of these oats were under water. Damage done by water was intensified by the silt lodging in the sheaves. The Komata Creek is our boundary, and then- is deposit of silt all along our boundary. Before the trouble with silt our grass errcsy to Hie water's edge. In some places silt is 12 ft. up the bank. In natural state creek formed natural boundary. Now all holes are filled up, and we have had to fence our land. T took a glass to-day a, 12' o'clock and filled it with water : at 2 o'clock there was indication of settling of deposit in the water. Cross-examined : T have tried to bo fair in giving my testimony in this ease. I have been here seventeen years. Our lands have during that time lieen liable to be flooded. There wonheavy floods over this district at the time T mention about Fisher's paddock. T knew at that time that all the Waikato was as well under flood. Tt is the general term to call Hie debris " tailings " —ground ore from Hie mines. I know Roach's property. I do not know his drain. T have hoard it contended that this drain had helped to put debris into the river. Never considered it necessary to investigate this. My experience of Komata is that natural silt brought down the river did not settle. Tt went into the Waihou River. Tt was continually on the move. T know a proportion of the Waihi tailings is slimed. T have boon informed that 60 per cent, is slimed. T have only seen slimes in liquid state: no opportunity of seeing slimes in dry state. I never examined the river close enough to see if slimes would be deposited to a depth of 3 in. Cannot say how many persons wore present: T think about fifteen. Believe there are fifteen hundred people in Paeroa. Due notice was given of the meeting, Those principally concerned were at the meeting—viz.. Mr. A. J. Thorp (a member of River-silting Association), also Mr. John Thorp, Mr. Moore. Mr. F. Cock. Mr. Brunskill, Mr. S. Hunt (not a member of association'). Mr. Whitten (not a member), Mr. Edwards (not a member). Mr. Laughlin. Mr. Nicholls (member and secretary of association'). Mr. Buchanan (chairman), Mr. Martin (not a member at that time). T canno, remember any more. T consider wo do represent the inhabitants of Paeroa. Groat many people gave us financial support, though they did not attend the meeting. T remember when this river was declared a sludge-channel. T did not take much interest in public matters at that time Mv

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father at that time took an interest in public -tte™. There are in KcjnaUCraA I are partly responsible 1.,- .le '* vc • ' al)nm „ (lf that show sifrlls other gentlemen canvassed Netherton. Got the property where 1 now reside on the °.'*m ' J, \ , 01 ., ", lbont g ft . of water in the river place is situated two miles above Paero£ tt! o » \ h • 3 _ Material for ai my place. Ihe tide would make a .liftW cc T . \bo llt V'in of water at my place. Tide mv ,;, lU s<. brought up in a cutter drawing ,ft of . « v m wm makea a difference of 1 ft. or 2 ft. You can ride .. bore* across nig 25 bank at my place. Waihi .lumpinge has caused shoaling of the m«. J^ to the water of the river. 1 claim to i ,<• ... <I<l of p y the land to the water* edge; plenty of dertroved. and I have part of my land. Cannol do bo now. About 16 acresiof L (1 to mO ve my fences Bevera ttoes ° aTteU very P much Although lam bounded land . configuration of the banks of the rive, hjUWMd cov;Tfd T took to p by the river lam compelled to fence to keep tho loBg g of this land. That i* ,-i,,. s off and used them again, [consider lam losing £30 _a_ year increilS(l(l u , l: ,t T should make out of it. The depositing ™^,™r nn lesz w had three days' rain : during pasi year. Former T hive Ld several tons of fireaow, after a nigh s ran, my boat might b. gon Steamship Company until two years w.,,,,1 brought up in launches. I have> be. n agent (< „ tQ near wh th e ftgo . Steamers traded from Auckland t,, 1. ..a Ily ■ ■ wnf fo Junotion . Now bridge is. Then the weni to Whar S ~.t «y . of wftter ftt th( . theygo to the Puke. When the learners ra,, « J"^ T « ™t ; on when they have been wharf 1 have been on the steamer and seen them Btimng up tne >* aWe Sing Zugh the tailings. If steamers ceased runnngj jmjj. to gel up again; channel would close up B iver ii ß «aai . are degtrO y ing the are deposited. I can see J f,, covered with tailings. If works are pasture. We have to pay our rates and thc ~i v<J, . wiU be stopped up by the S^»^=lESSS3SS>i^ would obj ect to any m ning company taking up land n p ia an laim for when river declared dudge-channel. did not put ™ ; , ]aim Wpg pran ted. I have compensation for injurj done to my !«,.. . m ? h ftnd fine taihnp . T have ~.,„' „„ difference in ateh 1 know ' \ treatment of the tailings Ido n(lt nntl( , M | an y fine tailing! as the hs 1- t ' ' , ooneider t , ne willow-trees protect the noi knO w of any obstruction to the rivei except "J™" ;li Tarn not qualified to say if llilllks . ,do noi say thai the ™tom-*'™£ *o hhSkari County Council and River they prevent the escape of the tailings. lam awar< »v T nov Botrd have ao objection to this put all the Mrii.into the remin d me, that the Government, i"?^* \ n n ot know anything about Roach's drain river I have seen large boulders put into tne nvn. y indifferent health last twelve T,: Aroha. Have not been travelling £?i£2 where they are. Did not find ii : n ot fit to go and gamine a« at esert time, l^ OhinemW

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Ido not claim to be an expert on tailings, but I claim to have a fair knowledge. Been twenty-four years in that occupation. I know position of present claims. My farm is below these claims— below ihe junction of Ohinemuri and Waihou. The damage is done at Netherton, principally by th,- Junction being blocked up, so far as I can see, by tailings, causing an overflow above the Junction by the flax-mill. 'The water Hows over the land and rejoins the river at Netherton. January Hood, two years ago, killed all the grass and a good many cattle. My income was from £3 to £.", 10s. a week. After the lh,oil it fell off to nothing. My neighbours were more or less in the same boat. In sum rth ground is so hot thai if water goes over it it scalds the grass and causes it t,, die. I attribute that Hood to ihe tailings forming at ihe junction of the river. Along the banks of my place, from a chain to two chains in, my land is covered with .'1 in. of the tailings, which I ploughed in. That, of course, made land poorer. It is a continual est to keep the mouth of my drains clear ~i' tailings. Thai causes me to lose sum. of my land. The only damage I can see is going on every day. River is rising, and encroaching on the sides. I think all the settlers are in the same boat as myself. There is a farm opposite Mr. Thorp's point where you can get tailings 4to 6 chains inland. After January Hood I counted five dead cattle on the land. All settlers suffer more or less, bul lam speaking of my own. Tailings 1 saw were crystal tailings, and slimes which are of a lighter material. 1 have examined tailings many times on my land, and found they were tailings that had com,- through a mill—quartz tailings. 1 am satisfied that if present things go on we shall go under. Think I understand what present company are going io ,1". My opinion is that 60 per cent, will accumulate close to where it is dumped into the river. I have ground tailings as line as tl,,- company propose to grind ihe,,,. ami I liml that the finer you grind them the further they will ,ravel, but when they settle the harder they wil] liccome. I think they will get a chance of settling, seeing that they are put into a tidal river. At high tide the water is perfectly still in the river: no current up or down. If the works are put a mile above the .function, the Junction is going lo have a bad time. I should say the drift in will carry the tailings as well as tl,,- drift out ; honec they will settle. You will not get a quarter of a mile of straight, river a mil.- above tha Junction, That would not make much difference to the tailings: they would go so long as the river is moving. These tailings form a very solid mass, particularly where they shelve into the river. The tailings on the banks are more of a slimy, flowing kind. I have examined these shelving banks. The steamer used formerly to come alongside the bank; now her bow catches before she can gel up io the bank. This result is not confined to my farm. You will find it in a hundred places along the river. The shelving bank of tailings is very hard. After a few dins' rain these banks of tailings increase. Things are getting worse. In many parts of the river you will find pot-holes; they are gradually getting filled up. 1 measured them some time ago. I found a body floating in the river where it is now dry land. There seems to be a steady growth on Hie sides, and not so much on the bottom, which I attribute to the propeller of the steamer going up and down in the gutter. I remember when it was a river with beautiful clear water—that is. the Waihou. I cannot say as much for the Ohinemuri. The fine tailings, I have found in my experience, set harder than coarse tailings. 1 have two samples which I can produce. These are two samples sent by Mr. Aitken, manager Waihi-Paeroa Gold-extraction Company. These were sent to me in a dry state in two packets to Netherton. 1 placed them in two medicinebottles and put water in them, to see the action of water on each of then,. After shaking the finer sample well up I could notice in about five minutes a settlement of sediment. The coarser sample settled almost immediately. The finer sample very seldom goes clear., The samples are just as I got them from Mr. Aitken. only I have put them with water into the bottles. 1 have had twentyfour years in charge of batteries; not always in charge, sometimes boss. I put in several years as mine-manager. You can make little or no impression on the bank by pushing against it with an oar. My farm is free land. Land Transfer title. The companies are saving money by putting tailings in'the river. I consider the companies have a right to put their tailings into the river because it has been proclaimed a sludge-channel. It should be remedied out of goldfields revenue. I object to this oompany getting a right to return their tailings to the river. The Council agreed to take no action in the' matter at all; that they should remain neutral. They put in no objection therefore. The largest proportion of the Council members belong to a mining district. I cannot say what proportion of the members are miners by occupation or interest. I recognize the photograph produced as representing the state of the river after Hood. I recognize various points of the river by the photographs : they are something like th. parte of the river. If this license is granted without restrictions as to returning tailings to river, I want to know what we are to do for water for our cattle to drink. I expect to see the river coming down like oatmeal gruel. In very dry weather the cattle are forced to go to the river. Cattle can drink the water of the river now. If they can get other water they prefer it, but the river is drinkable. If these fine tailings are liberated into the river the cattle will not be able to drink the water anywhere near where they are put into the water. There is no deposit of tailings lhat I know of lower down than Karangahake in the Ohinemuri River, but the Komata Company is depositing tailings in the Komata Creek, which find their way into the Waihou River. (Adjourned to 9.30 a.m. Resumed 18th February, 1910, 9.-10 a.m.) Cross-examined by Mr. Cotter: I have been eleven years farming, and I was mining for twenty-four years. I "have been farming solely for the past eleven years. I bought the land in July,'lB94. Ihe heaviest flood I remember was January, two years ago. Do not remember any particular Hood in 1897. I remember what is ,-ailed the " Old Man Flood " about that time. Mv land was under water for five days. That was caused partly by the silting-up ol the river. 1 consider we should not have had the quantity of water if the Junction had been clear Ihere is a large accumulation of tailings at the Junction. There was at that time a small island forming about the Junction on the Thames River. T do not think the tailings had anything to do with the

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formation of that island. Not prepared to say it was caused by the debris in the river. The water did go over land at a place where it could have been affected by tailings. At Netherton, if it had not been for the tailings, the flood of 1907 would not have remained on the land for more than half the time it did. That Hood was not local. According to the papers it was all over the Waikato I suppose il spread over lands where the tailings had nothing to do with it. I believe it did 1 attribute the damage done to my place partly to the tailings. I believe it would have been flooded even if the tailings had not been there, but not for so long. When 1 was employed in the battery at Thames and Ohinemuri, some tailings were sold t<. other grinding-mills, some were put into the sea sometimes into the river. We stacked a good bit of our tailings at Karangahake in the [vanhoe 1 never made objection to the sludgs-channel, ixTause I knew nothing of it. 1 never afterwards made any application for its cancellation. Never made any claim for compensation, knew 1 could put in'a claim, but 1 knew I should get nothing if 1 did, so 1 did not bother. lam a member of Council and River Board. Mr. Kingswell invited me to come out and look at his works. 1 have not done so. 1 did not go because I had no business to go. 1 think 1 thanked Mr. Kingswell, and told him I had no time. Do not remember saying I knew the tailings would stay in the river, and 1 would not go. My objection is to returning the stuff to the river by Mr. Kingswell. The only remedy I can see is to get part of the gold revenue and convey the tailings to the west coast or to • was,!, niece of land, and keep them out of the river. The discontinuance ot this river as a sludge-channel appears to me to be .1,. only remedy. My opinion is that this company's operations will nol improve the state of the river. My experience of gold-mining is all [have to go on v what tube mills are. although 1 have never worked them. I have ground with machinery that ground as tine, but not as quickly. 1 think we could grind as tin, with the machinery 1 have men tioned as with the tube mills. 1 should be surprised to hear any witness say that this company s operation, are clearing the upper Ohinemuri River. I know Waihi Company are putting into the ~ ;,. aboul 1 (HI.) tons a day and, of that, 60 or 70 per cent, are very finely powdered quartz I Kd Sect a certain percentage of it to remain in the river. Aboul 60 per rent, remains in the ■iv" a> 40 per cent, goes out to sea. I think it is the very fine dime rar, that goes out to sea. do not thin/the fine crystal quartz goes out to sea. [Two samples of ground "re put into *itness's hands 1 I cannol say ■n my oath whether this is tailings or not I would like to see it in water. I think the more finely ground sample is slimes. 1 should say the finer stuff is more likely to be carried to sea. I cannol say that 1 have seen any deposit of even 2 in or 3 in. of th fine. Iff anywhere it, the river or land adjoining. I produce a sod off my and. *. > is .quartz tailines—mining tailings It appears to me as fine as the finer sample put into m> hand . appe"" ;'as « at the grass", t s as' !, is in the basin [comparing samples] 1 brough ~, so, o show Z in °? I Walhi my P Sis° n £ river My Lni is nonnore low-lying than any property about. It. P^/^f^fficulty liilliitill never had any conversation with any o 1, members, Mto inablc at Netherto n. I got 1,,,,,- the wh.rl withi, th, .1 tw.lv. » 1- l> - tv P ,, ee i lhink ,he IM ,„ pill I can .lm«.t walk ~0,0., ant ,ll «.«.« «m<• . ' " L rir« run,, the the river. It is generally a chain or two back.

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William Bettis (called for defendant, to allow him lo return to his steamer), sworn : Am captain of "Waimarie." My boat is trading between Auckland and Puke. I have been in that trade, or having knowledge of the river, for thirty years. For last twenty years been going up and down daily. 1 know Mr. Laughlin's place. Over six months since 1 called at his place. 1 was able on lhat occasion to go right up to the bank. I think 1 could do it now. In the last thirty years 1 have noticed no change in the channel of the river : it is much the same as it was thirty years ago. lam able to make my ordinary trips just the same as ten or fifteen years ago: there is no difference. Since the Ohinemuri River has been proclaimed a sludge-channel I find no more difficulty in making the passage than lief,,re. Above the Puke the tailings have affected the river; below that, not affected it in the slightest. I call at twelve places, or more, along the river-bank. 1 have not had any occasion to give up any places of call since river proclaimed sludge-channel. 1 have increase.l place.-- of call ill that time. River has always been a shoal river. If there had been any decrease in the depth of the water I must have noticed it. Both " Taniwha " and " Waimarie " were designed specially on account of the shallow water in the river. 1 have not found any shoaling to the entrance of the river. There has always Ik-cii a shoal place where the buoy is. Find no difference there. From Puke down do not find any diminution in width of river. There may ix- some places where banks have fallen in. We always tun, around according to the tide: therefore cannot speak of depth other than in channel. Ido no, think the fishing has been affected in any way in the river. Nearly all the fish is seni to Auckland. There is no decrease in supply l'roin Turua and Kopu. Fishing-boats have increased in number. I have drunk water out of the river ai the I'uke prior to this river being declared a sludge-channel. The land at Netherton is much the same as it has been for thirty years, except that portions of it have been drained. Before it was proclaimed a sludge-channel, river was always very muddy from Hikutaia to the mouth, on account of action of tides. River was always very muddy in flood-time. If we are a bit late on the tide we always touch on ihe river-bottom : always have done. There is no difference in the river now. 1 have not been stuck for three years and a half in the river. Do not think the cutting of the bush or drainage of the land should have any effect on the river. Sometimes we use poles. Have never found any difference in the bottom of the river. Shoal places form and are washed away; these shoal places are always changing, but I have found no change in ihe bed of the river. I know Mr. Buttles place in the river. There has always been a bank in front of his place since I have known it. River is practically ihe same to-day as thirty years ago. Examined by Mr. Earl: Silt has had no perceptible effect on the river: ihe channel is just the same. 1 refer to the river as a whole. We leave with two or three feet of ebb water sometimes. We leave Puke when the water has risen about 9 in. Fifteen years ago we ran to the Junction. The " Paeroa'' used to run to wharf at Wharf Street; this part of the river is very much tilled up. The " Ohinemuri," drawing lift., used lo go to the town wharf. River is now filled up, as far as I know, with sand —tailings, I suppose. The " Ohinemuri " could not get up there now. I have not been there for years. Light-draught paddle steamers used to come up to the bridge. 1 know the river up to this wharf has been prejudicially affected by the tailings. First we used ti, come ,o town wharf : then lo the Junction. Water was getting shallower, and boats were getting larger. From the Junction we went to the I'uke because the river was shallowing up. Did not see tailings in the bank until six or seven years ago. Cannot say if the shoal at the Junction has caused the river to back up. Local body put groins at the Junction many years ago to deepen the water —fully ten years ago. Xo difficulty in getting up to Te Puke. Far as channel we use river has not changed. Would not like lo say what the effect if our steamers ceased running for a fortnight. Motion of our screw has tendency to keep channel open. Go to Netherton full speed up and down. The mouth of the Waihou has not lieen affected. We never could get in at low water, not even thirty years ago. Width of river changes from 50 yards at Netherton to a mile lower down. Waihi Company are good customers of the Northern Company. 1 have never grounded a vessel in the portion spoken of by Captain Bayldon in his evidence. Without knowing the position I cannot say if I agree with his evidence. About three weeks ago, when opposite the Cods Wharf at the Thames, in Hie channel, 1 had occasion to use the pole, and found the bottom quite soft. I do not agree with Captain Bayldon that in time the river will not be navigable. I do not agree with Captain Bayldon that the fishermen have been driven to deep water. The other night we saw a Hcct of fishing-boats stretching across to the Miranda, fishing in the same place as they used to fish twenty and thirty years ago. I remarked to the mate on the number of lights. Frequently see lights there, but not so many. I know Mr. Kerby owns a boat drawing loin, of water; I disagree with his statement that he cannot navigate the river as well as formerly. I know Reddish, a fisherman ; I do not agree with his statement, that there are not as many boats fishing as formerly, or the decrease in the quantity of fish. Fishing has not lieen interfered with to my knowledge. Ido not know anything of any hard substance forming on the bottom. Cannot say anything about his statement of not being able to use poles in fishing on account of hardened bottom. I will contradict Reddisb's statement. We take as many fish as formerly. Unless Hie fish were caught in the river they would not come to us. Examined by Mr. Miller: Takes an hour and a quarter to get to Hikutaia, where we meet ihe high tide. Takes about two hours from Hikutaia to Kopu. From Paeroa to Kopu we pass Hikutaia at high tide. Go down with the ebb. Mr. Kerby goes over banks that we could not cross. He can navigate parts of the river that we never go into outside the channel. No current in the river when the tide is changing. Full in river is on an average about 9 ft. To the mouth is about twenty-five miles. Sometimes we come early on the tide, and we graze along the bottom : we can tell if bottom is hard or soft. The channel is sand, and has always been. Number of fishing-boats has increased. Years ago the boats were sailing-yachts: now they are motor-boats. That may be the reason more boats employed in fishing. We keep away from the bank at Buttles.

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Cannot say if there has been any change in that bank. Do not think the bank has risen. Hardly any tailings below the Puke. I have not seen any bank of tailings at Netherton Wharf; may have been a bit of bank forme,l from the big drain. Generally within 3 ft. of high water when we get to Netherton. Thames Harbour Board limits extend to Turua. Between I'uke and Netherton there is a little tailings on the banks—very little. There are a number of places in the river where we cannot land. We go five miles an hour ; when we get into deep places go about eight. Re-examined: There have always been difficulties with regard to this river. Thorp's Bend has always been a difficult one to get around. Been running six years from Puke. Start at nearly low water. There has been no shoaling in the river. We have a mark on the Puke Wharf : when the river rises to that mark we leave. We have bad to vary no more in our passage down the river than we have always done. Always had to vary a little. I have no interest in this case one way or the other. Most of the settlers' stuff is brought up and down in our steamers. When it is high water at the Junction it has fallen four or live feel ai Kopu. By Court : When I say there have been no changes in tin- river I speak of the river generally, and not of the channel in which the steamer runs only. I have had experience of floods in the river. I have seen -'Ift. of water round the Junction mill in time of Hood. Eighteen years ago very high Hood came over Paeroa Wharf. When I saw water going over at the mill then- was no bank formed at the Junction : the river was in its natural state. (Examination of witnesses for objectors resumed.) Will/ant Marsh, sworn, saith : Am owner of lands near Mackaytown. [Documents of title produced.] Claims Nos. 8 and 9 affect my property. I own half the river. 1 measured the distance of the pegs from the bank of the river, and found one peg i chains and 40 ft. : another peg a chain; and another less than a chain. There was a slight angle trench cut. I did not notice the mark on the peg. I could see trenches had been cut; might 1m- 3ft. Will swear that some were under oft. in length. I never gave consent to any one to put pegs in my land. No application was made for my consent. I have been in occupation of the land thirty-four years. Years ago I could farm the whole of that land; always plenty of feed on the banks of the river. All tailings now. Ten acres along bank of the river is spoilt with tailings. Water is in same position, pretty well, as it was years ago; in one place the water has encroached on my land. I am not including that in the 10* acres covered with silt. There is a whole paddock of 10 acres covered over at Wairere. That is 20 acres I have lost by the tailings Every fresh that comes you have to put up a new fence. There are tailings in places 20ft. deep; some 10ft. or 12ft. deep. I object to river claims lieing granted at my place. Will not Is- an improvement to the conditions. The damage is increasing; worse the last three years. 1 reckon £50 a year would not compensate me for loss of pasture and different things. Cattle sink in ihe tailings, and got out with difficulty. Heard evidence of Mr. Hubbard and Laughlin. The piling of the tailings at the Junction will'bring things to a crisis; every settler would have to clear out. Used to lake three days' rain to cause a flood. Fourteen hours' rain will now cause a flood. Cross-examined by Mr. Cotter: I object totally to this application, .-mil I object on my own account. I objed to the bed of the river bring granted, because half the river is mine, and what is there is mine. I got Mr. Miller's advice. I took no steps lo assert my right. Re-examined : There have been no mining operations carried on on my ground. By Court: I object to the application because the claims applied for an- part of my land; I claim half the river-bed. (Adjourned to 2 p.m.) Tukukino, sworn, sailh : 1 have lived all my life at Paeroa. I have had experience in a battery; not working in a battery now. Was lately working in the Komata battery for three years. 'l have experience in tailings. 1 was* there when Mr. Brown began his operations. Twenty-one trucks, each containing 4 tons, were put through daily. 1 know the difference between coarse and fine tailings. Those that go through the filter are heavy and settle quickly; they are fine as flour. If there is a quantity of water, they will go down the river: if only a small quantity of water, they will settle. They will settle in the form of cement. It was my duty to clean out the shoot at the battery. When the stuff broke away from the vats I would have to go and clean it with a 2 in. hose. Used to put nozzle on hose and flush it away. Had considerable work to clear this stuff away. Effect of the company taking out tailings, treating them, and putting them back at the works, the current there will be very slight, and the ladings will settle; the bottom of the river will be raised up; I think Hoods and freshes would remove a very small portion. 1 know of one place at the junction of the Ohinemuri and Waihou Rivers where a bank has been formed by the Waihou River pushing the tailings over. Pari of tailings would go away with water If the weather was fine the tailings would form a sandspit. The turnings of the tide would cause the stuff to move about and settle. Settles quickly where there is no current, 'there was a period at the battery in my experience when the tailings were ground fine: if took all the pressure of the 2 in. pipe to remove these tailings. ~____ Cross-examined by Mr. Cotter: I speak from my experience during the three years. rExamines samples of "tailings shown him; points out the fine-ground tailings.] It is both ot these. The slimes hold the other that are deposited in the river. lhat is the case when tailings are deposited all down the river. , . iU Re-examined : The finer stuff collects the coarser as they are going down the nver—that is, when the fine settles. Alfred Kenyon Alexander, sworn, saith : Am a farmer at Netherton, and chairman of New Zealand Farmers' Union Netherton Branch. I own land a little below Netherton. I supply milk to Netherton Creamery. I have a wharf at my place: I put that up three years last November.

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When I put up the wharf Hie bottom of the river wis soft mud • i i 1 , of river is now hard and firm ; composed of a lings D„ no h ,L U Z "*" *T b °° tS ' * walk on it. The river has shoaled „ the wharfTreckon fT ° &Ule sand and mining tailings. My wharf ,s two unlet and" _X till *£* * stay at Netherton Wharf. My wharf considerable distance below >,LVI, tn / ?'*T' There is a sandbank belo** my wharf It wis used f,„ Wharf—ten to twelve miles. bottomed boats by settlers. Tha, bank is s, i thee k cannS DelL ! ""Y^" 1 ° Ut - in flat " mixed with mining tailings, coarse sand, and all sand ;it is now very firm I hsv* hi, n n i«„,»i, • V tneie this bank was settlers have launches. They use them in com t;,„, „ ;n, luZ; v • ' .',,', Number oi other my property fronts the river. I have o su cc , - dJ___ r ST"' "'' I have from the overflow of the Hikutaia fW- .Th £ft \T overflow of «* river, but high as o,„, in 1907. Floods practicaUy d£trov„ 150 i"* " < "" 1 was '"" a * considerably, and forced me t , 3 c _3L St of grass, reduced my milk cheques River is 250 cards 3at™ tS2 iTi-nvo 3 .. d C ° Uld - haVe he ?, d ° Ver for thu ™ ter - had difficulty in getting up iy . I fie i n tailing of " P Tl " f ?"* ° f tide ' l havt! right up to'the Junction-tfie old Junction Wharf Th Z * $"**£ *"?* 0n b ° th Bid <* Certainly, if Ileitis says there are no ta Hugsbemw Put 1, T "? **»™"*<- tailings, provided he goes down at low tides. IhLtal, , , h, , J hhu in my presence al Netherton Wharf, nine in.les L 1 fl ; p," sh °rT. the Court ' take " Taken by my 50,,. At the present time in dr? weatrl rt Z [Sample is not good drinking-water. It is ye,-- much scolou ed '!" *° ""' riTCr * Jt it at all. I produce the report ~f 1 , ist-v n P* c . do not care about drinking analysis of waL taken from' river'at SKft. 2_*S» "T**, Branch of Farmers' Union, I have lodged obiectio, J-' 7u, ? halrraan of Netherton He Heard Bettis ' s - id — in when I wanted him : tid<- pVevented hin I, , 1 -f" *?" H" " 0t able *° call and a half above the CCTISt before-about two months before I b _„wi h tte 1 1 , -? ars a " d ?}8 ht months. I bought and being used as ~ sl,„tee-c ,a, nol Now ■, knowledge that this river was proclaimed tain Bettis sac that befofe it was a dufee «___ Z* h& l *'* alt f red ' * haye hei »''- Capin the river. -.Ashes ~ he Netherton FacSrvTil not tbTr T'Z and bars P'"'^ first one was „„ t local, second ,„,e w, F r , le T d mto the nver. Floods I refer to, opinion from my observation ,s that the V ~ rH'' 01 '? ''""T fcha ? BeCOnd - % point out several places where the fine lis ~,,,, f >'■ ZV"' ""■' WIU stick - * ca " fine and firm. The coarser tailing ™„ ~.,, te l P , .' B " m es 1 have seen are very «~ the ,-is ETJiiSKa "'" n ' n throUgh fi^s ' < "- WIU - Bhlf *- Bettis because there was more' water. There are , _ I ,„s t ■ -g ?_ a !S ler " X " 1 he COU,,, now > and the same at Netherton Wharf. Fin •t,1,„ s I „ -,| ' \ Xi ' " ,,r r "- *™ d consolidated together. cannot put a boat-hook into il : 5i,,,,,, t T '"-c ' aUn ° h lieS """ >"" that the last six months. From mv place te \I I, „a Wte ,7 ""'' ",' ° nl - v he '"" » ke places it is like striking a rock. ' "«™erton Wharf, some places boat-hook sinks, some' H ill,am Moore, sworn • lies,',l.. ,f P,.,,. . . t .-..,. held at Netherton to consider ob c i,i, t, ZZ w "'""TZ Of the residents. Above t wenly'' pc, s,ms ,„ Z,' . i " , ° n "Jl June, 1879. Been there since—pVacticallv tw,„h-. Netherton. I bought my farm 25th it -as as beautiful a river as i, w i \'' "" "" $*"'> WM * ree 7*™ at Paeroa. Then banks perpendicular. Ido no/lS . ZZ-ZZZZ Xv al "" KSide "7 bMk : sent steamers. Now the banks are all shelved oft from \ ' ".**** th,m P re - Junction: Junction very much filled up Fli 1, „ , ';'. , 1 I" ' "'".""7 "ght up to the tion ,s so much filled up that in all _ the , atel- m,^T, „ W fX'" 0 '" f" ' 1 - 0 ™!- -and you can see tailings alone that part of the rive,- Ti V i . aUlou Kn '' r a ""'i' and a half, damage to Netherton. 8 Netherton Joes tZn - r,„, Z'il,Z\ ZZZ' A 1 " l?*™ t] « Hooding 15th January, 1907. Every settler in \tet ~ \ . tallln B B ' I^' ll - First damage by is filled up so much at the Junction that t„ r ver o^fl o w B the country. The filling-up at Junction is cause,! b - ZZZ ZZrZiZ tZZ ZZ^ dry; no grass for them to eat. The grass after the nood Z'all kSed t 1 JVu,"^" T" 1 rhe crops—every particle went. I lost oats hay t+i lvu ,"- Act "'Ol\ killed the fern. -£384 for sowing and ploughing: ~s i We all suffered more or less I n 1909 h a d no he -' fl ■? ' v, « d , f Btarva tion, £6 each, tailings had any effect in keeping the water on mv n" 1° f *°° d : Id ° ,10t thi " k tht " the Junction had not been filled up the flood would hw. 1 v f, '° m in S off - » gone away down the river. l^biT

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muri River was affected by the Hood. Had a record flood in 1909—two floods, one a week after the other Crops were all boused, and settlers did not suffer so much. The grass was also killed; on this occasion boiled out. When the flood goes down to 0 in. the sun heats the water until it is quite warm and kills the grass. This happened in September, but not BO bad as in January. Lost practically all my grass and clover. Attribute that flood to the lilhng-up of the Junction. We get no trace of tailings, because the water comes three mil,-.. , hrough the bush. On the banks of Hie Waihou you can find traces of tailings a mile and a half up the river. Only floods on my land were 11)07 and 1909. Previous to those floods the tide used to come up about 2 chains on the front bin it never did us any harm. By taking the tailings from the upper reaches of the river and dumping them at the Junction, the river will be filled up and practically ruin all the settlers at Netherton. They are all dairying now. Floods m dairying land an- serious. Cross-examined: Have owned my farm thirty years. During that time had only two floods to .1,, any barm. First Hood. 1907, was more general than local. I do not know that stock was lulled in the Waikato. Did not know that passenger- had t,, be earned by boat at Mercer Station. Cannot swear if sample produced is tailings or anything else. The second sample [fine] dues no, look like tailings. There is a big tailing-bank at Junction. Do no, see ll at high water. have been on it and over it. 1 have never taken samples of the bank at the Junction. I can tell tallines by sight on the bank. 1 cannot say how dee), they go down. Think they are ol considerable depth'in several places. Thirty years since I have had to do with mining. Know changes have taken place in grinding : failings ground finer than the* used to be. I never saw ladings ground as tine as that. Tailings at the Junction are like the coarser kind. Dunn- the last two years the bank at the Junction has increased considerably. I know Captain Bettis. Would not say it I lielievo his evidence. Know Captain Sullivan. Would not give any opinion about him. Bank at Junction dams up the Waihou River. How of willows there has good deal to do with damming back Hie river: they keep back the tailings. Do no, know where ladings came Iron, —from Ohinemuri, I suppose. Tailings have done no harm to the river at Netherton : the injury was done by Hood, by water lying on the land. At high tides (spring) the tide now comes up 21 chains over the land- not all along, but where land is hollow. This does no harm. Ihere is a little silt at Netherton : would not call it "tailings." My farm, when I bought it, was kahikatea swamp and bush. 1 have cleared il, at £10 an acre; I have made it a dairy farm Netherton IS best dairvinK district in New Zealand. Land would have considerably increased but lor the Hoods. Dairy been there six years. Had only one flood lhat was a local one in tha. tin,,-. Do not know anything about the " Old Man Flood." " Re-examined: Theio are three classes of tailings- -viz., mineralized tailings, quartz tailings, and slimes, which are ihe rotten rock and pipeclay. When Ibe hue tailings sink m water they will set harder, but they will not sink so soon. Cornelius Whitmore, sworn : I am a landowner on the banks of the Waihou River, a mile below the Junction. Most decidedly, 1 complain of the floods in the river. attribute the floods to the filling-up of the river with tailings. There an- some bad places, and son,,- very bad. 1n n is a filling-up at the Junction of tailings and general mining dibrxs. There have been s„ ~an floods that 1 could not count them. These floods are caused by the tailings in the river. I took pictures of the fl Is from my verandah. I produce a photo taken during las, September floocL Lnnot say when photograph [live Lane] was taken-within three or lon, years Dook all the photos myself. 0, the banks of the river, after .be flood has gone down, there are I tt. to 2ft. Of tattings on the bank, and in the paddocks at the back they are covered with a very fine deposit. Formerly three weeks required to make a Hood: now ten hours will do ~. aruLtake fourteen days to go down. I have to turn out my cows because they are dry and buy milk to sell again. Ihe Wg g flood killed the grass- boiled it. I heard Mr. Monro's evidence 1 agree with him . I say there is a deposit of tailings on the bank a long way past the Puke. Ihere was a sandbank opposite Innes's place, near Puriri, where scows used to come to get sand. Now they have to Shovellhe tailings off to get at the sand. I have been living on the river-bank seven years. Sties for navigation are getting worse. Never more surprised mmy life ,ban ~ hear Captain Bettis's evidence. When 1 came here first steamers used to come to he Junction after tha they had to go to Puke. There are tailings all over the place after flood and then- are t fte o Slings on the bank that used to be grass. There is no landing at my place Junction Wharf is not'used by the steamers. Smaller steamers can manage to scrape along ZZ examined : Bought place seven Mars ago. 1 came from Turua, lower down be river Was a. Turua about twenty years. I have had a definite knowledge ot the river lor -V- is 1 was not up and down the river. Won, up the river as far as IV m 1,., occasmm 11- foi _S A a bee, Hoods, but they did no damage, and soon ran off. The reason the damage il was because there was no tailings dumped into the river twenty-seven years ago to spol he water and to contaminate and poison the land. Since present company has been at work nea, Waihi 1 evil has been inte„sified P Tailings are .round fine, and will sprea ur a-r over the land I have noticed that the re-treated tailings have spread further over the land than tailin s used'to do because they are finer, and spread further, and do more damage. Damage has been "nten fied'b He finer grinding generally. I could not bring a sample off my own land because fZtttfc and after the first shower they are washed into the ground. The tellings on theTank o he r ver are mixed and coarse. Ido not know that there is a layer of the fine sand to be found over the coarse: they are mixed. Cannot remember exact date I first saw fine ail ng" on mv land: was within three or four years. First two or three years I was there he water that came was clear : after that, contaminated and poisoned with That is my htf obifctl-norso m„ h to the floods as that the water is contaminated with the tailing Mos deadly, my land was always liable to flood, but formerly ,t took a lot of rain to make a

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flood, but now a flood is made after ten hours' rain. There is other debris than mining coming down the river, but not enough to do much damage. Re-examined :As an experiment, the willow-trees were cut by order Ohinemuri County Council. Effect of that was that it gave freer course for tailiugs over the land. While willows were there they held back the tailings. It is not a benefit to cut willows away in one isolated place. The white deposit was composed of fine tailings. By the Court : I should think cutting away the forests would have a tendency to cause floods more frequently in the river. Frederick Adams, sworn :Am a farmei at Netherton; been there twenty-one years. 1 live back about 10 chains from the river. I know the river fairly well. The banks of the river have come ill a considerable lot from the Junction to ihe I'uke, and it is the same below ihe Puke. I have seen tailings in the river below the I'uke- pretty well all along. 1 noticed them down as far as Hikutaia. 1 am on the river occasionally in a launch. Not much change as far as the channel goes : outside the channel the banks have got shoalcr. The reason the channel is not altered is because the steamers go up and down regularly every day. If steamers left off running for a fortnight, I think the channel would shoal up as well. At low places you will see tailings on the bank. At Netherton the tailings do not come over tin- land. Residents at Netherton are damaged by loss of grass, and cattle, ami crops because of the bank al ihe Junction, which causes the river to overflow, ami the water runs down to Netherton. Fanners there have been seriously damaged. Heard evidence of Mr. Alexander: support lhat. Heard lieitiste evidence: cannot sax if I support it. He comes up at high tide: does not see it all. 1 have seen tine tailings below the I'uke Wharf. Thomas Marion Robinson, sworn, saith : Am a farmer at Netherton : been there about ten years, may be more. I travel up the river mice a day at every time of the tide in a launch. Up to two or three years I have gone to ihe creamery every day without any trouble; now at the same time the boat will shoal unless lam careful to keep in the channel. Cause of that shoaling, I should surmise, is the tailings. I see tailings all along the river. There are tailings near my place; seven miles from the I'uke to my farm. I tried the tailings with tar. and it set all right. Without tar it makes a good enough yard in winter, but in summer it is too dusty after milking. I went out and took up a handful of tailings off my land, and there it i.s [producing it| : taken off a chain and a half from the river-lied. In September, 1909, the flood went over my land, and across for 10 chains backwards to Mr. Alexander's: previous floods had not gone there to my knowledge. I have been there ten years. Five years I rowed the milk to the creamery, and to keep out of the current I would keep close to willows on Netheiton side: now I could not get within half a chain of the place, owing lo a dry bank of tailings. 1 consider it a serious part of the river, a very sharp bond, and in times of flood water cannot gel away fast enough, and runs over my property. That, 1 consider, is the cause of Hoods recently on my property. Alfred Joshua Thorp, sworn, saith : 1 am a farmer residing on the banks of the Ohineinuri River, Paeroa. I have heard the evidence of the witnesses in this case. I think Mr. Alexander's evidence admissible, and all the other witnesses gave true evidence. The steamer " l.enia " came up to Paeroa many years ago. Boats drawing 7 ft. of water went up lo my place a mile and a half or two miles above the bridge, hast flood the water went over everybody's land—a thing it had never done before. That was in last September. Floods are attributed to silt from the batteries filling up the river. 1 know the Junction. In old days il used to be a good width and deep water. The island formed there now is caused by silt coming down the Ohinemuri and Ix'ing blocked by the water from the Waihou. I have known Hoods before, but they never used to last any time. The Hood of 1907 was an exceptional flood. It did damage because it came in the summer and killed the grass; had to resow. The Hood would not have stayed so long if it had not been for the tailings. River has not the same carrying-capacity. People on low-lying land have dug their drains to the river, and these have become blocked up. Been living thirty years at Paeroa. I heard Captain lictlis's evidence: I do not agree with him. We used In go up and down the river in cutters. Understand what is projected by this company. My opinion is that the fine tailings is worse than ever: it will go down the river, but where it settles there it will stop. The effect of discharging such large quantities at the works will be, in my opinion, to block the river. George Buchanan, sworn : Am i farmer on Thames Road, Paeroa, about a mile from the river. I am also interested in property about half a mile above the Ohinemuri Traffic-bridge. Been here eighteen years. When we first came here the Ohinemuri was a deep, clear river, carrying no signs of tailings up till about ten or twelve years ago. The willow-trees were growing on the banks of the river. You could see the bottom of the river, and an occasional snag. Water was drinkable by man and beast. About sixteen o>- seventeen years since the tailings began to come down. The capacity of the river from the Puke up as far as Karangahake is greatly lessened on account of deposit of tailings. Tailings are in some places 10ft. deep on banks of river; in some places half a chain wide and 3 chains long. When river is in flood, capacity is very much diminished. When we came here first the p.s. "Te Aroha " and p.s. " Patiki " came up as far as Snodgrass's Landing, 200 yards above old Wharf Street landing. The site of the old wharf is completely covered with tailings, and at low water a bank of tailings, about a quarter to half an acre, extends into the river at Pereniki's Bend. Almost impossible to get small launch over bar formed there at low water The banks of the river are much the same down to the Junction. There is another large shoal at the Junction which has been formed within the last five or six

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years. About two miles up Waihou River tailings are to be found on both sides of the river. Above that you find the willow-trees growing as they did eighteen years ago without impeding the flow of water, except at a place about eight miles up, where a willow has formed an island in the middle of the river. About October I went to Netherton in a launch, and was surprised to find that the tailings had formed considerable banks on either side of the river. At Waimarie Bend there is a point of tailings running out into the river about 10 ft. I did not test any tailings except some on the Waihou. Found them practically the same as the tailings above the bridgemixed, finer than they were years ago. I think there is no doubt that the floods are in pari greatly caused now by the incapacity of the river to carry off ihe water. I believe the present company's finer tailings will go further. The coarser would settle almost at once. When the finer settle they will be very much harder. The tine tailings are unlikely to block up at the Junction, but will' be likely t,i Ik- deposited lower down the river. 1 have ridden up the Waihou. Furthest point at which you can find tailings is two miles up the Waihou. Conclude they come from the Ohinemuri River. Have been boating in ihe river. I know v,-vy little of the navigation below the Junction : 1 mean above the I'uke. William Aitken Nicholl, sworn: Am a journalist residing in Paeroa, ami secretary to Paeroa Silting Association. These letters and telegram [produced] were received by me from the UnderSecretary for Mines. Have known this river about fifteen years. I can pretty well corroborate what Mr. Buchanan says. Know floods have occurred within last few years. Attribute them to ihe filling-up of I In- river. Do not think Hoods of last year would have been so great only for the silting-up of the river. 1 have observed this river for fifteen years. Have observed the Junction. There is a fair-sized island at the Junction. It has lieen formed during the last ten years. Consists of mining tailings, and willows growing on them. Remember the river when no island there. That island is an obstruction. I think it backs up the Waihou. I have found silt on Mill Road, Paeroa, that has been flooded. Have never seen tailings so fine as the line sample in Court, but rather finer than the coarse sample. When I came here we always came as far as Wharf Street in the steamer "Ohinemuri." (Admitted that J. W. Thorp will, if sworn as a witness, corroborate the evidence of A. J. Thorp, and that Harry Charton will corroborate Buchanan's evidence. Evidence formerly taken at Thames put in.) Wi'liam Fran/,- Grace, sworn, saith: Am superintendent of Waihi Grand Junction Company. I have been three years in science schools at Brighton, England; then took course at Royal School of Mines, London. Been a Fellow of the Chemical Society of London for twenty-six years, and am a Member of the Institute of Mining and Metallurgy. I have had twenty five years' experience in mining and metallurgical processes, and in gold and silver, in Spain, South America, South Africa, Victoria, Queensland, Western Australia, and the United States of America. I came over here as consulting engineer in July las,. I have followed crushing from old-fashion type up to present time in every one of its branches. In our treatment at the Grand Junction it is all-slimes process. In reducing the ores t,, slimes about 95 per cent, would pass the 200-mesh screen. We discharge these tailings into the sludge-channel : we have a small channel coming down to the main channel. Tailings are in a very thick slurry when they leave our battery. It is put into a flocculent state before it leaves the mill. The tine slimes will travel very much further before settling. When it does settle it settles in a state not so solid as sand or coarser tailings. If left long enough in still water it would all settle, but it would take a very, very long time for this to take place, suppose the finer you grind the closer i, would pack, but much the same as when water is on it. 1 cannot see how i, 'will pack from my . sperience of it. At the battery, if you drop a stone into two or three feet of it. it will make a splash. It has practically no adhesive properties: that is all destroyed in the mill. The term for certain sub-lances, clays and suchlike, sticking together is "colloidal action." There is no colloidal action left in the slimes when they leave the mill. It is destroyed in the mill to enable the particles to separate sufficiently to treat. 1 cannot see how that slurry cast into a river could form a bar or bank or obstacle to navigation. \ know the process to be adopted by this company, and I have heard in Court tha objection raised to such an operation. In mv opinion, it would be"a great advantage to the river to have that process carried out. I have not seen any signs of this slurry settling in the river, though it does in Ihe small channel by which it reaches the river. This is cut right through the first rain, and is taken right away. If allowed to dry it would blow all over the place. Ido not know of any means by which these tailings can be treated and not returned to the river. You could not heap it. If you put it mi the ground it would simple run about. You would have to compound it. and after the first ram you would have that all over the place. If the water was evaporated from it it would blow nil over the place. I know the C-eat Boulder Mine. Western Australia. The tailings are stacked, but they are crushed by a different process, and are not crushed so fine. They are having great trouble with them now : blowing all over the place: no water to carry them away. The finer you grind, the more difficult it is to stack or impound the tailings. It is contrary to all milling practice that finely ground tailings will settle before the coarser ground. The fine will not carry the coarse with it, and both settle together Will not do this in a river. Not possible to grind so tine that it will not settle: it will take a long time. It will settle in still water : will not settle while any motion in the water. In dealing with our ground ore, and getting it in order for pressing, we have to add lime or it would not settle If neutral or,-, we a.,ld about 6 lb. per ton on an average. Ido not think it would make any difference whether in salt or fresh water if the lime has been added, for the lime has already coagulated the colloidal substance. Would not like to say what this is [Robinson's sample]. It has a lot ~f organic matter. It may be tailings, or slimes, or earth. Cannot tell from feel if

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any pumice in it. If it was slime from the mine that Kobinson put m his yard, it would not set down hard. [Examines sample brought by Alexander.] This is fine slimes or something of the kind but not nearly so fine as we grind them. [Examines bottles containing tailings produced by Mr. Laughlm.] It is not a fair test in the bottle. They should be put in equal bottles, then stirred up and poured into a glass to see which would settle first. If this slime settled in still water and the water after a time began to move, the slimes would be stirred up again. Know present works ot company at Wall,, 1 have only been there once If the company takes up and treats the tailings as proposed, there will not be- the slightest injury to the river. There will be an improvement Cross-examined: We are using the sludge-channel. Question of keeping it open is a large question to us. In Queensland we had ihe right to run down a creek. Had the right at Charters lowers We were treating 211) tons a day—very much more difficult to treat and to settle. It went down the river: did not heap up on the banks. Went through pastoral country, but the river had more tall. Should say the Ohinemuri runs a mile and a half an hour. I suppose that was about half-tide. Know current runs up-stream with th,. tide. River I speak of in Australia flowed about three miles an hour: not subject to tides. This stream emptied itself into the Bunk-kin River Cur tailings wore carried four miles ami a half. It is entirely a different proposition from the present one. We had a very rough river-bed in the sludge-channel 1 have spoken of. We were not crushing tor slimes, but for ore: contained clay matter which made slimes with,,in crushing We were crushing with 97- to 100-mesh screen. Considered then (fourteen years ago) line crushing. All this was carried to the river without slicking to the banks. Only slimes went down. Our tailings were Stored. Trouble to get sand to travel down the creek, but' we made the slimes travel down. Very little coarse sand went down our sludge-channel. We had no complaint. Settled district- -dairying district. Settlers did not depend on that creek for watering their cattle. In Tabasco, in Mexico, we discharged direct into a river. Native settlement: very wet country. Had big, rapid river. The fine-grinding process in the Cram! Junction Mills started, I think, about eighteen months ago. I was not then-. Could not say how long the fine-grinding process has been in vogue in this district. The line slime put into the'river must 1„- carried'much further to the sea: eventually will reach the sea. Cannot say how long it will lake any particle to reach the sea: might be a month. In some cases might be years before it reached the sea. I will not say we are not adding anything to the bod of the river. Tailings now in the river are old deposits.' I have roughly examined ihe tailings in the river near the bridge. 1 say a large amount of the tine stuff is vegetable matter. 1 would not call that "slimes." Foreign' matter may deposit slimes to a small degree. Cannot tell slimes from the mill from slimes from the soil without examining with a microscope. We add quicklime : becomes carbonate of lime before we put it into the river. Lime is put in to settle the tailings. It assisted when it was lime, but will not cause to settle in the river, because it is no longer quicklime. I have never seen any of our stuff settle down like that in the bottle [Mr. Laughlin's]. 1 have never seen fine stuff settle as hard as that in the bottle. The fine stuff has set harder than the coarse in these two bottles. I have not examined the river to see if any settlement of the -'slurry." My evidence is given on twenty-five years' experience, but is not based on experiment in a river such as this. The facts that the river is tortuous, is tidal, am! is lined with willows would have less effect on the slimes than on tin' coarse tailings. I went to the river under the bridge. 1 did not recognize ihe superficial deposit there as slimes. The finer we crush, the less there is left in the river. There would always lie stuff in the river. We crush 200 or 300 tons of ore a day. About 1.000 or 1,700 tons a day are put into the river. May be months before our output of to-da* reaches the sea. You cannot agitate sand. Sand will always settle. Sand will settle down almost dry. "Slurry" will not settle down in the mill. As regards the river, 1 cannot say. Ninety-four per cent, of our ore is ground to the 200-mesh. The same practice is adopted by the other companies. All the damage that is being done to the farmers on the river is being done by the old tailings and not by the fine ones. Fine grinding has been adopted about eighteen months. I should say there cannot have been an accumulation of tailings from our tailings for past eighteen months. If you get rid of the coarse tailings in the river, there will be no more trouble in the river. If the Waihi Company are only grinding fine 60 to 70 per cent., the coarse tailings coming down may still cause trouble. Extraction Company are going to adopt slime treatment. I understand they have a tubular mill, and will grind to a slurry. The stuff being taken out and returned as slimes will not cause any obstruction at the Junction. I believe it will clear away the obstruction in time. Cross-examined by Mr. Miller: Immediately the slurry gels into still water it will begin to settle. It is settling all the time, but if there is motion it is stirred up again. In a river like the Thames River, where the tide affects it and there is still water, the settling will lie going on all the time, aud in still places the settling will be going on. Do not know mining regulations in Victoria prohibit slimes being deposited in the river. Had no experience of working Sludge Abatement Hoard in Victoria. Could not carry on our work without grinding tine. T do not know of any means of stacking the slurry; it i.s practically impracticable. It could be stored in tanks. Could be impounded at groat expense. Do not know site of proposed extraction-works. Mere question of expense, the stacking of the slurry. I do not think Mr. Baker is correct in saying that slimes could 1,,- impounded behind a wall, and that after they had once set they would not shift. You could not handle this stuff on an elevator. Ido not know how it could be done. Re-examined: You would have to have an iron or steel wall to impound the slimes. It is an impossible operation, in my opinion. The coarse sand referred to at Charters Towers was coarser than we saw on the river-bank to-day. I do not think the slimes would have time to settle between tides. The finished product of grinding—the slurry—overflows over the lip of the receptacle. The coarser drops through to 1m- reground. We use cyanide right through from beginning to end. When this slurry is discharged from the works il contains a very small amount of cyanide—not enough to injure fishes or vegetation. Ernest Feltus Adams, sworn, saith: I am licensed surveyor and mining engineer. Been carrying on business at Thames over twenty years. I am well acquainted with the Thames Har-

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hour. I have, in the course of my duties, made frequent examinations of the harbour. I have made a thorough survey of the portion within the Port of Thames. That does not include any portion of the Ohinemuri River. Coes up Waihou River a mile or so above Bagnall's. Found tailings from the mouth of the Thames River to the Kurunui tip—the whole foreshore in front of the town. Those mining tailings came from the Thames mines, in my opinion. The harbour is part rather steep banks, part are mud-banks at low gradient, and part tin- channels of the Thames and Piako Rivers. Some of the banks of the river below high-water mark are hard, and others are so soft it is dangerous to walk on then. The position of the river has altered. It has encroached on the original boundary of the Opaie Block to the extent that where the high-water mark was thirty years ago is now the low-water channel. I take my data from Mr. Goldsmith's survey of Okaka Block. The banks, where soft, are where the deposit is going on continuously. The hard is where the scur has cut into the original high-water mark. I have not taken any depths and compared them with the chart. The Thames foreshore has risen—from tailings, debris, fas. I have not ascertained anything as to the depths of the river. The width is about the same. I have not found anything to lead me to suppose that tailings have made any difference in the river. Found no evidence",,f hardening of the mud in the Port of Thames. Naturally the rivers had dibris brought down from works carried out on them, from drains, from bush being cut down, and from mining operations. The Piako Swamp is furnishing a considerable amount of material. I have taken out the area of the waterway from Te Puke to the mouth of the river, opposite Opani Point. It is :; 015 acres This area is taken from the Government map. 1 know the proposal of the applicant company. I should say such an operation would lie beneficial to the river. Eventually the slimes would be deposited over the gulf, thirteen miles wide. I am a mining engineer, and 1 give this as mv considered opinion on the matter. 1 think, possibly, there would be light deposits in the time of floods That would eventually go away. There would necessarily be some damage, but I think it will be reducing the damage to a minimum. It would take COS.OOO tons of slime to cover the river-bed at high water in the tidal portion with slimes to ihe depth of 1 in. Cross-examined by Mr. Miller: I am satisfied no crust has formed ill the Port of Thames. It must 1,,- a very limited extent, indeed, to have escaped my notice. I know of Mr. W. Reddish. Between Kopu and the mouth of the river, on the right bank, it is all soft mud; on the [eft bank ii is a bard compact clay, where the river has encroached on the land. I absolutely contradict Reddish and other witnesses that a hard crust had formed in the bad of the river. I could see no crust in the channel, and lm extensive crust could have escaped my notice. [Be Bayldon s evidence I There is a moving sand all along the channel of the river outside the mouth. I have made detailed examinations wi.hu, the last two years; not before that. That also applies to the river from Opani Point to Kopu. It is nearer four than two years. The scour sets against Buttles place, and would scur the soft mud out. There are sand-bars which show at very low springs. The slimes would distribute over the Firth of Thames. Part of that is under protection of Thames Harbour Hoard. . ~. . . , Cross-examined by Mr. Karl: I have had no experience of dealing with tailings. 1 have made ,„, experiments myself. I base my opinion on the evidence of Mr. Grace and other experts as to lh( . condition of the slimes when they leave Ha- battery. Railway-station at Waihi is .S3.' ft. above hudi-wate, mark The fall in the Ohinemuri River from Paeroa Bridge to the Junction is practically nothing. I, is the action of the current tha, will shift the tailings. 1 have made no examination of the tailings in the river. I know the river is being filled with tailings. It is doing damaire: covering land with silt that grass will not grow through. It blocks up the drains, and if not"stopped will eventually fill the river. Tailings are, no doubt, a contributing cause. Re-examined : But not 'the sole cause. The tailings I refer to are the coarse tailings we can now see on the banks of tin- river. I hay,- never seen this slurry deposited. 1 have seen it lying temporarily under the Karangahake Bridge. 1 certainly think Ihere is enough motion in the river to oarry away ihe slimes or slurry if put into the river in the condition described by Mr. Crace. (Adjourned to 9.30 a.m. to-morrow.* Robert Marl- litken, sworn: 1 am a mining engineer, ami manager for the Waihi-Paeroa Cold-extraction Company, the applicants, and have been since its inception in charge of the works -~ \V-,ihi I hold first-class certificates from the Thames School of Mines in surveying, mining, metal-iuru-v and all branches of mining. I hold first-class battery-superintendent's certificate I was for eight years and a half Lecturer to (he School of Mines on the Wes, Coast of the South Island, and metallurgist t„ a number of companies for about eight years—principally the Keep-it-Dark Company [have been connected with all terms of battery treatment, and also with bucket dredging in the rivers Pretty well the whole of the eight years on tin- West Coast was spent in treating slimes am! tailings; also the two years 1 have been in this district. For two years—a little over—l have been in charge of Waihi-l'aeroa reduction-works at Waihi. lurst of all the tailings are dredged from the river by air-suction dredges, and conveyed down the river in barges. Floated inn, hoppers, cleaned in vanners. and screened and ground in cyanide-solution in tube mills. The whole will pass a 200-mesh screen-40,000 holes to the square inch. That is the fineness of the cars,, particles From 60 to 70 per cent, would probably pass a 300-mesh screen and 80 per cent. v , 1, ~-obablv pass a 100-mesh screen, or possibly finer. After you get past the 200-mesh screen ~,,„„ get a P ny finer mesh, and we judge the fineness of the slimes by the -ate at which it will settle in water It is only an estimate when I speak of a fineness beyond the 200-mesh screen Afte, passing the tube mills it goes into ,he separation-boxes. These separation-boxes are from sft to 7ft deep, conical shape, and the finely ground slime has to rise in these boxes to overflow rises thromd, the cyanide-solution in the boxes, any coarse material separating out. Any material that , -actually slimes is returned to the mills from the bottom of the separator-boxes by gravi ta--1i,,,,. This „nderground-an insufficiently ground-portion is constantly returned to thernil for rewinding until slimed sufficiently to overflow the separator-boxes. Every particle that will not nass the 200-mesh contains enough gold to make it worth while to regnnd. No force is used t n k s in,,: ovo flow They rise in the still water and overflow. The overflow that is going into

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It goes into the main nver just above the Waihi Company's dam. Our dredges are worK i> the main river W« dump the slimes just below where we take .he coarse tailingfou oV he rive.'-not v Lv^ , Vγ f r , . I ,'; lc ' vator - w< - dred « e from the eievat ° r f °>- *™ »««4 i nvT We have treated about 33,000 tone since we started operations-about sixteen or eighteen months! ica ;V iTT' oVe t rflows : ie ,nm - b,lt ™ l ? '" fl 1-time, because the WaThi Com^^prac ically take all the water in the river excepting in wet weather. We have dumped thousands of tons of tai ings into the river, and there has been m> overflow from the dam a all and those limes have remained in the dam for months. They will nol go away unless there is an overflow fromThe dam As soon a* an overflow occurs we can see the thickened eludgy water soinx over the dam carrying away theee slimes. The Waihi Company has 90-stamp mills disci a" into the * aZ'. The Junction Company and the Union Mill ( 40 stamps) both ,1s!, discharge into th! i- ,■ m us sketch-,,!,,,, o locality which is put in.] The depositing of all that sludge has never Mocked up he river except in dry weather: ~ remains in the bed of the riv,,-. When rain comes !' J'," B«* *™y- '< *» ~.., ,n,,r,Vr, with our dredges or , toon. Allthat reS m the river from other batteries is the coarse sand. The slimes are all gone They traZ on down he river The slimes have never so far as 1 know, interfered witlMh, WaiMcljany'" ■' '■'"■ A tmrh large portion ol them must go down the water-race. After rain there is no dudge left at the back of the dam. When i. has teen lying there tour or five months it hL gone d«jwg as soon as there is water enough to car,, i, ~ver the dam. The Waihi Company's race is verj flat and I have not known then, dean it out since I have been there. 1 have been all the yy down the river Not been there all the time; but examined i, here and the, . aTthe way down I have been all over these nine claims no* applied for. We w ( ,,t over them, and bored the „ ai regular intervals and took samples of sand for testing. I had two assistants. Took fortnight or three weeks; made thorough examination. I can,,,,, find any slimes in the river at all very very small percentage of slimes; all the deposit is sand (coarse tailings), with small percentage of "ver-sand Our operations have cleared the river considerably. Taken large quantity of coarse sand out ot the river, and we can now go up and down without any trouble. When we first started ««• could nol w,,,k our barges over the coarse sand : now we have no trouble even in dry weather \c arc going to put our works three-quarters of a mile or a mile above the junction of the rivers' to install much the same plant, but we intend to grind finer. The finer the grinding the better extraction. Pays us to grind tin,,-. After my explrieno. a, Wail,, I an, certain tail'i,,''s rom our Junction works will g<. away down the river. Tailings will be in the form of sludge I think we BhaJ very shortly clear the river of tailings, and in three years I expect the boats will be able to come to Paeroa. Our operations will reeuH in benefit to the river, most undoubtedly In dry weather practically ,„, How at Waihi a, all. In rainy seas,,,, varies Recording to quantity of ram I should say .f anything, the nver here flows faster than at Waihi. Of course, at turn of the tide river is still have travelled this river sew,;,! times. I have noticed a little slime on the banks. Roughness ot banks and little eddies cause slimes to settle, but not to any extent I see no reason why this should not go away with the water. It must go away, or there would be much larger deposits there. I am quite satisfied the slimes go to sea. We'have never triert stacking slimes in large quantities It would not be impossible to stack slimes, but it would be impracticable. If dry they would blow all over the place. Could never hold them in a dry state I believe the works at Paeroa will cos. between £40,000 and £50,000. We have our'plans and specifications drawn out, and we have made estimates of the cost. As far as I can understand the company is already formed to provide .he capital. I sent the samples to Mr Laughlin I sent a fine sample to each member of the Ohinemuri County Council, to show the degree of fineness to which we were grinding at Waihi. I told then, then it was our intention to grind very much finer I ha. sample was a very fair average of the slime at that particular time, and the coarse sample was a sample ot our coarse river-sand at the time. About six months ago, I think that I gave these samples We are really grinding finer now. We were in midst of our experimental stage then. I could not send the slimy man, so T dried the slimes on the boiler before sending .hen, down, nol thinking they required slimes as a test to their settling. The fact of drying these slimes on boilers spoils the flocculent condition of the slime. If made very hot would dine together ■ if made hot enough would fuse. Slime that has been dried cannot be" worked in our plant until we add more lime to give ,t a flocouleni condition. Slimes we put in the river are never sun-dried" they are always in the water. I would not say that slimes dried on the river-banks in the sun would not settle. I think the drying of the sample T sent produced the condition in which it now is in the glass. I think the addition of lime would alter the condition now. But Ido not know that it would bring it back to its original condition. Ido not know exactly what effect heat has on the sample, but it has an effect upon it. I have samples here of our treated stuff in a dry state May be a little finer ground than Laughlin's sample. This sample has been mixed with lime [Two samples, wrapped in paper, produced.] The other sample has not. [Experiments made to show that lime causes slimes to settle at once.] Cross-examined: Slimes of any fineness must necessarily settle at. some time. T cannot tell the rate of settlement of 200-mesh-ground slimes and 300-mesh. Slimes that pass 200-mesh and slimes that pass ."SOO-mesh will settle, but the finer will take longer. No doubt, the river running in small eddies will cause settlement. It probably alters its condition coming thirty-three miles Distance by nver from Paeroa to our workf* is only about twenty miles. Tf it settles, there is no doubt it

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goes away afterwards. Saw deposit of 1 in. or more yesterday. Would not be surprised at om. deposit in small holes. Every day they are uncovered and subjected to action by sun. Subjecting to action by sun consolidates them to a certain extent. At our Waihi works the river-bed is steeper than it is here There are rocky bars in places. 1 think the bed is all rocky. We have tried the depth of the dam. Tried last winter, and could not find any deposit there. We tried last winter to dredge out stuff from the dam with our dredges, but we could not find anything in the dam. Water is dammed back a mile or a mile and a half. I do not think it is practicable to stack these slimes If Mr Kingswell promised to stack those slimes, he did not understand the difficulty We have a piece of ground bought to stack these tailings. If we are compelled to do so, we shall have to make an attempt to do so. It is possible to discharge these tailings below the Junction, but we should have to pump the water to send them down. We shall be treating about 500 tons a day: produce same quantity of slime. From my experience I do not think these tailings will cause the river to bank up.' There is no tide at Waihi. I do not think that bar at the Junction has collected sand Ido not think it has collected slime. I cannot tell you what chemical change the slimes underwent from drying then on the boiler, but they did undergo a change. There, is a chemical and physical change. The glass containing the sample that is sooner settling represents the condition in'which the slimes leave the mill. You would never see slimes at the mill in the muddy condition that you see the water in the other glass. I realize that slimes do deposit hard on tin- river-barks, but I dispute that they remain there. Personally, I know nothing of the financial condition of the company. It is called a new company, but I think it is same shareholders as the old company. I am certain our operations will Ik- a benefit to the river When I have gone up ami down the river I have gone in a steamer, not at low water m a small boat. Mill had been running six or eight months when I sent the sample to Mr. Laughlin. Sent n about six months ago. Would have been in operation twelve months at the time. We wen- still experimenting at that tune. I know that the water has no effect on the slimes between Paeroa and the Junction. There are no slime, there Did see small quantity of slimes yesterday, but very small proportion. I know they E 0 away because Ihev ,1„ no, accumulate. 1 have made no examination to ascertain if the slimes m the river differ in any way from the slimes we put in at the works. I think a slime that settles slowly is a slime that settles the hardest. Cross-examined by Mr. Miller: If slimes settle slowly they settle hard. ha, does not mean „ X . V are hard to shift.' You have only got to disturb them and they are gone. Every time they are shifted Ihev settle hard again. The finer the grains of sand Hie closer they will settle, but they will be lhat much more easily shifted when water c es on them If you have a largo body of water travelling a. a slow rate it will carry away more shmes than a faster current with less ne. Kail, will carry it away if there is -sufficient fall By - sea I mean 'Ihames Harbour a °_ a lorn- way out into the harbour. The probability is that it would remain in the harbou. in soma form or another. Know site of works -surrounded by low-lying country We do not know w 1 , , a „itv we should have to stack. We shall go on as long as the company keeps tip the suppjy and as hmg as the present accumulations exist. As far as 1 know, the company will continue to send tailings into the river. «_.*i_j ;„ t1,.. still Ke-exiumned :If these slimes were ever going to settle they would have settled in he still water of the dan, : but we could not get any deposit whatever .„ dredge t here. S„ „-s a , difficult to dry: take forty-eight hours on the top of a boiler to dry. Would dry quickei in thin cakes. Suppose the sun would dry thorn to some extent, but I cannot saj to what degree. It long exposed, they would dry and the surface blow away. I, illiam Sullivan, sworn, saith: An, master of the s.s. -Taniwha.'; Have known this river for twenty-seven years. Have been actively engaged in navigating the river for last twenty-seven years. I corroborate the evidence given by Captain Bettis. ,1, ,s admitted that the evidence of Mr. Barry, Waihi Company; Mr. Stansliold, manager Talisman- Mr Brown, formerly manager Grand Junction, now manager oi the Komata - and Mr. C. Banks, metallurgist and engineer for present applicant company, will corroborate evidence given b\ Mr. Grace and Mr. Aitken.) Percy \n-holl Is in,/swell, sworn, saith: Am managing director of Waihi-Paeroa Gold-extrac-tion Company. Have 'recently reconstructed the company, increasing the capital from £i O,OOO to £100,000, and the whole of the fresh capital has been subscribed by the same Shares are all subscribed for and application-money received. Heard evidence of Mr Aitken as to treatment of tailings, and their beneficial effect upon the river. I will go further ban Mi. Aitken and say. soon as" v„u remove coarse sands from the river you wide,, the channel giving the treated ore an easier get-away. and enable a larger volume of water in time of freshito come down the river, and it has been proved that the greater volume, the more slimes it will take away. 1 cannot say that I have examined the island at the Junction. I have gone round in a boat l-lvidentlv a' willow has fallen in from the bank and held debris coming doxy,, the Waihou, and i, has caught the tailings coining down the Ohinemuri, making a deposit of tailings round the edge Trie is no slimes or slurry on this island. I had sampled ho river before Mr. Aitken came I hay,- since superintended the boring of the river from a little above the Junction to the dai,. v faetorv. We put in f„rtv-„ne bmes. and at the lower end near the Junction there were absolutely no slimes up as far as I went. There may have been traces. From the *»*<»*> Pereniki's Bend .here was 39 to 41 per cc,„. of pure river-sand, and the rest very coarse tailings. Have walked up both sides of the river to the whole of the claims. Sieve tests have been made of both bed and banks of the -river throughout the whole nine claims, and commencing from the top c , „ a, Mackavtown to the lower one, both on the river and on the banks the sieve test has proved that the sand gets finer as you go further down the river, but you can find no slimes When the river is low I have seen slimes on the top, but I will not say those slimes are quartz slimes the, may be produced naturally from the soil on the banks of the river. In the Buller Biver I have

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seen material just like it several feet thick. Whenever there is a flood ,1,,,- I ■ deposit of slime where the river has overflowed on to the banks Tl Z Z ".variably " all the rivers in New Zealand. For two years have been trvL te 1 t 7 T™"! ° f " ea '' l *'' seeking to get a place free from floods I ',- c here Z Z ml VteZLtZZZ' piece of ground above the reach of floods. At tha sandl n„r i_T ♦ ' then, trough the opening-up of the big drain a>„, t .' „nTsite tv, - three Zr f I 1""" covered, by the backing-up of the Ohinemuri in time of flood wi, Vie a, sit fr th/ t1 T nver-saml, but absolutely no slimes have been deposited the -c-o , ■ ■' 1 SmS tw'" l '" i,, ' S " on behalf of my company, and again some twelvemonths ago I , nade an ofi-fr to too V£™ ""' ™of £30,000 to take out of the river within a p^odoZZZZZZZIZZZ'Z ?*S -• __£:;; ssx _ &_-__& " •■»» -- £■= Cross-examined by Mr. Miller: I have been managing director ever since 1907 In IQfl« the end,lion was put on that I was not to put tailings back into the r ver )nh ,'r ,Z A certain condition. On the Ohinemuri County Council rebating to me out of _old d't \ f "" of any dumping-ground on which to deposit the tailings and in vie ot ,0 to ' " mise was made that they would assist me to get the sXidy of thlSo 00o! hit to 17™' Sa; Si srit-rt ;rs rf S? : fi? smaller plant will be ordered, because we could not handle the .piant y Sj quantity. In that case we should not strip the banks, but dredge from the Ztrl of the river Jo put tailings m the dumping-ground would necessitate the treatment of rich tailinr-s [have WHO lots oi nvers whore there are slimes. After fl s there is always a deposit of _g over 1, I covered by water. 1 have never seen any slimes on my freehold. ' I have only see Netherton land from the steamer. Have seen a little deposit now-and again. In none 0 „ bores eoS we find any deposit of slime-not even a layer. If we had got slimes we cur, have bored. < ould not have pulled rod up, because slimes are more sticky We were boring by ,- ao deposit „f dimes-] mean, a deposit four or live inches. ] wiluZtl ny a deposit. I did see a deposit under the bridge yesterday. I do not call that a deposit of any dimensions. I am not sure if that was quartz slimes, f believe the deposit was fn'p cos 2 thick. In small holes may have been 6 in. Never saw any deposit .3 in. on flat bed ~ - w-,te te edge. May have been 1. in. deposit of silt at the bridge yesterday. In certain ,la- | ~~n be similar deposits along the river. I can only swear [have not seen deposits of slSs bEwt£ Junction Slimes we saw at the bridge were not caused by a flood. They were lee because ~, flood to take them away. Think abou, 1,500 tons of tailings put into ,i,c river per day |ny opinion, that is going out nto the gulf. Always a certain percentage of it rave li it* down he nver. and a p0rt,,,,, deposited on the banks of the river-deposited to-day and taken , ■ to-morrow. Depositing would go on quicker at bend of the river. Rivers not dammed up a Hie Junction. About a couple of chains wide, I should think. I cannot tell you t1 'width th - channel Large part between those banks filled up with sandbanks. That sandba.ik would , term a dam to prevent our stuff from flowing down the river. Similar in its actio, to the ,1 at our works at Wa.h, There would lx- a stream of slimes running out of our plant There vould be absolutely no deposit when the river was running out. May back up when the tide came .1 but would all ,0 „„t when the tide turned. The class of slime ~. ga w yesterday will „. " -aide, I never made a statement to a man in Paeroa that if slimes deposited for"three month • would require dynamite to move them. The evidence I have given I have given as a.i- m with knowledge. VI hen I made T,-r to the Government I had not the san xperience aI v now

EXHIBIT 97. OUTLINE OF SCHEME BY Mil. BARRY PFUNDT FOR BUILDING BARRIERS ON RIVERS Dear Mb. Chairman, — w -~- „ ..,., . ,„,. r , j.u __• 1 _ , , . Waikino, I.sth June, 11)10. ir . , /™. V" 1 , 1 nZ ,', T I h ° artlck accom P»nying it (I would like the paper posted to me when finished with), will be of some practicable help or use to your Commisston The scheme under consideration is not a wild-goose one, and, as the enclosed article testifies' is in practiced 0pera,,,,,, at the present moment in the Yuba River district, in California, a district whose history and social developments are identical with the district here, the physical and meteorological conditions being very similar. ' Briefly the scheme I would propose is to build a barrier (with gates, normally closed) over the nver, thereby raising the level of the river to a sufficient height to flood a large low-lvim- area of land to a depth 01, say. 4ft. This area of land will of necessity be enclosed by stop-banks either natural or artificial, and of such a height as to top any future flood-level of the'river Also' the inlet bank will be provided with gates: these will have to be closed entirely for all abnormal flows in the river, which will, of course, then resume its original course through the o-ates in the barrier, and also over the top of the barrier. With an area of three-quarters of a mile wide and three miles and a quarter lorn-- and with an average flow of water of, say. 300 cub. ft. per second, and a depth of 4 ft., the silt-laden water will move at a rate of 1136 ft. per minute, or 10* days the entire length—ample time to deposit all the suspended slime : and clear water will run off at the far end of the basin into the river

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OO ~X ft nor 1,,,,- therefore al 2.000 tons per day 2,148 cubic Battery tailings average 29 c.b. tt. per ton ™ erel °' e > * , J 3ft. deep _S_sS_S„-i7S.%K-s-«!ri» existing dibris, Mr. Kingswell's schei I dredging might boused. Boping that this will be ol some use. Barry Pftoot. The Chairman of the Ohinemuri and Waihou Rivers Silting Commission [Paper referred to is>v»■„/,>■ American Supplement, No. 1607, page 2415Z.J

EXHIBIT 98. «f ATTWFNT SHOWING QUANTITY OF QUARTZ CRUSHED, AND VALUE THEREOF. BTJ WAmfcoS? FOR YEARS 1892-1909; AND COLD-PRODUCTION IN HAURAKI MINING DISTRICT FOR YEARS 1909 AND 1908.

Statement Showing the Quantity of Quartz crushed by the Waihi Company from the Year 1892 to 1909.

Matthew Paul, Inspector of Mines.

Summary of Gold-production in Hauraki Mining District for 1909.

During the year [1909] 222 men were employed on unproductive works. EXHIBIT 100. IKTTKII FROM X R W DAW AS TO TDK SILTING OF TDK OHINEMURI AND WAIHOU 1,1,1 |I,K DRUM i - i>- - RIVERS AND OTHER MATTERS. New Zealand Crown Mines Con,pany (Limited), Karangahake, near Auckland, N.Z., 25tb June, 1910. a I-,, the Silting of the Ohinemuri and Waihou Rivers. j wrote on Monday, 20th instant, in reply to your letter of the 10th, and informed you that 1 would write again re the silting of these rivers.

Year. Tons of 2,0001b. Value. .tea,. Tons of 2,000 lb. Value. 1892 .. 1893 .. 1894 .. 1895 .. 1896 .. 1897 .. 1898 .. 1899 .. 1900 .. 1901 .. 20,492 22,182 27,846 37,710 38,539 45,658 87,280 114,667 125,453 178,444 £ 46,219 64,345 83,023 120,335 135,156 144,041 256,494 302,525 317,902 461.205 1902 1903 1904 1905 1906 1907 1908 1909 I . . £ ' 201,023 521,574 259.028 658,393 291,176 683,882 298,531 728,521 328,866 837,927 356,974 878,485 393,214 930,511 416,813 924,145 I I 3,243,896 8.094,683

" Average Locality and Name of Number of Mine. >Icn , employed. Quartz crushed. i ;,,l,l obtained. Estimated Value. 'Amalgamation. Cyanide. i Waihi Borough Ohinemuri County .. Piako County Coromandel County Thames County V 11 'i '< faihi Borough .. 1,947 hinemuri County .. 470 iako County •• 5 oromandel County 115 i r,„„v,*-.7 241 1,947 470 5 115 241 Tons cwt. qr. lb. 500,432 0 0 0 60,356 12 1 4 5 0 0 0 709 7 2 11 11,966 13 3 2 Tons cwt. qr. 11 500,432 0 0 ( 60.356 12 1 . 5 0 0 ( 709 7 2 i: 11,966 13 3 ! b Oz. dwt. Oz. dwt. £ s. ,1. 0' 114 963 0 1,640,221 15 1.034.043 10 8 4 53,744 18 277.907 5 234.801 12 11 0 14 «) 17 10 0 1 2 414 5 71 15 6,916 19 4 7,777 11 3.192 3 25,221 19 4 Totals, 1909 .. „ 1908 .. 2,778 2,933 573,469 13 546,904 14 2 17 1 11 178,913 14 198,058 18 1,921,392 18 1.301,001 12 1,872,289 16 1,302,665 0 3 0 Decrease j, Increase 155 26,564 19 1 6 19,145 4 49,103 2 1,663 7 '.)

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The farmers who reside on, or own properties near, the hanks of the Ohinemuri and Waihou Rivers have during the recent visit of the Royal Commission drawn attention to certain areas of land said to have been damaged by silt. They gave no definition of the word " silt," but 1 believe they led the Commission to understand that it is finely ground quartz carried down the Ohinemuri River, in suspension, from the mines. The word " silt," however, is generally defined as ■■ fine earthy sediment." Whenever we have rains in this district waters flows down the sides of the mountains, and are highly charged with fine humus, earthy matter, and sand, and during a freshet these matters are carried along by the principal rivers in suspension. The velocity, or, I should, say, the natural velocity, ol' these rivers is checked by impact against boulders, sloping banks, or when they overflow a plain. It is then that the silt and sands held in suspension by the motion of the water sink by their own gravity to the bottom. It is well known geologically that in this manner layers of sand and mud are thrown down one upon another wherever they enter a large river, lake, or ihe sea. Such formations are sometimes called, when they enter a lake, "lacustrine" deposits, and the deposits are generally found in regular layers. The great fires, and the timber required for building, and for mining and other purposes, have denuded large areas of forest land, and now, when heavy floods occur in this district, immense quantities of earthy and other matter are washed into the rivers, and when they overflow their banks these matters, tog,.(her with the finely ground slimes from the mines, do damage to certain areas of land situate along the banks of the Ohinemuri and Waihou Rivers. Farmers, however, are not the only members of the community win. suffer damage from flood-water. The company I represent have lost thousands ~f pounds during the past twelve years from freshets, and the Talisman Con,pany. during the last fl 1. had a large portion of their iron flume destroyed. The bed ~f the Ohinemuri River consists of huge boulders for the greater part of the distance between Paeroa and Waihi, which offer considerable obstruction t,, the natural flow of the walor, and the* assist very materially iii allowing sill and sand to deposit in hollows and where tl,,- bed is very nearly level. The banks are also very rugged, and cluck the velocity of the water considerably. When a freshet takes place the water becomes highly charged not only with what is then carried into the river from the sides of the mountains, hut also with matter that has accumulated as a result of the obstructions by boulders. The distance from Waihi to Paeroa is about thirteen miles, and for this distance there is ail approximate fall in the Ohineinuri River of about 26ft. to the mile. If the average width of the river be taken al .",oft. under normal conditions, and the average area of transverse sections a, 50 sq. ft., the hydraulic mean depth is I It. : then the velocity under these conditions works out at 795 ft. per second, whereas the actual mean velocity is not more than 35 ft. per second. In August, 190-1, we commenced taking careful daily measurements, for a year, ~,, the sill of a dan, erected across the Ohinemuri River near the Government bridge at the eastern end of the Karangahake Railway tunnel. The width of the dan, during the twelve months the measurements were taken was 120 ft., Inil it was afterwards reduced by the Government t,, 10-'! ft., when constructing the railway formation-level. The measured sill-depths of water varied considerably from day to day. The greatest depth measured on the sill was .''4 in., on the 28th October, 1901. On lhat day 11.'!..'149 cub. fl. of water per minute Unwed nver Ihe dam: to this quantity must Inadded about 1,200 cub. ft. of water per minute thai was drawn off through a pipe-line then owned by the Woodstock Company; or, the Iota! quantity of water flowing in the river mi that day was 114,549 cub. ft. per minute. The smallest measurements wen- taken on the Bth, 9th, 11th, 12th, 14th, loth, and 1 Gth April, 190.",. when the Bill-depth measured 1 ill. The greatest measurement taken during that month was 2j in. The smallest quantity of water that flowed over the sill in that month was 572 cv!,. It. per minute; and if we add the quantity taken through the pipe-line, the total quantity of water flowing in the river was. on those days in April, 1,772 cub. ft. per minute. The average quantity of water that flowed in the Ohinemuri River, estimated from measurements taken every <\: t y from lh< 23rd August. 1904, to the 22nd August, 1905, was 10.210 cub. ft. per minute; and for this quantity of water to How at, say, 6 fl. or 7 ft. per second means blasting the boulders and lessening the width of the bed of the river. Cutting the branches ~f the willows will also accelerate tin- flow. I, however, could not recommend the removal of the willows entirely from the banks of the rivers, as the roots bind them together and protect them from wash-water: and. further, if the trees were removed, the channels would in time become wider, and the velocity of ihe water lie reduced. In the Suez Canal steamers are not allowed to exceed a certain speed (if I remember rightly, of four knots per hour): otherwise the banks would soon be destroyed by the wash-water projected against, them. A cubic foot of fresh water, at CQO Fahr.. weighs 62*331 lb., and a cubic foot of sea-water 04-14 lb. Fresh water, charged with sill and sands, when il meets the flow of a tidal river, or when it mixes with sea-water, or water of greater density, is sure to cause a deposit of earthy and arenaceous matter; and during freshes, such deposits, in various places, would probably again hoc,,in<- suspended in the water, and redeposii on to the bed of a river lower down. This may account for the shifting of so-called banks of silt in the navigable part of the river between Paeroa and Thames. The responsibility for all natural occurrences in respect lo the silting of these, rivers should, in the opinion of the farmers, be 1n,,-no by mining companies. Some have asked thai the Proclamation of 1895, proclaiming certain rivers as sludge-channels, should be revoke,!: others think they should receive compensation 1',,,- loss caused by act of God: but, before making a suggestion to meet somewhat the difficulty that has arisen in respect to the silting of these rivers, let us see what benefits are being conferred on the agricultural by the mining industry: and I hope you will nol consider thai I am unduly trespassing upon your time if 1 go somewhat fully into this side of the question, and show that th,. damage ihe farmers have sustained by (he deposition Of sill upon their kinds lias been compensated for h- the markets made near the farms 1',.,- their produce. Those markets have heen brought into existence by a large expenditure of capital ~,,,1

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Hie employment of a considerable number of miners and others on tne goldfields. The expenditure of goldfields revenue and gold duty by local bodies in the construction of roads and bridges has also benefited the farmers, enabling "them to transport all that is required, on land, in connection with their industry. The " New Zealand Official Year-book " shows that the capital value oi land has considerably improved in the Dominion since the year 1891. The value of land m the Thames County in 1891 was £253 013, and as at the 31st March. 1909, it amounted to £463,304. In the Ohinemuri County the capital value of land in the year 1891 was £204,704, and as at the 31st March. 1909, ■PS4-0 28^ The above figures do not include the capital value of land in the Thames and Waihi Boroughs. Now, these improvements in capital values could not have taken place unless the fanners had been making substantial profits, and these profits could not have been made unless they had markets near at hand for their produce. According to "The New Zealand Official Year-book," 1909, pages 158 and 159, then- were. as enumerated in 1908-9, 536,629 dairy cows in the Dominion, and the production of butter was approximately estimated, and given on page 459. The result is as follows:— rr * Lb. Consumed in the Dominion ... ... ••• 20,013,620 Exported ... - - - >"-!"><-<»'- Total - - 50,920,692 And ' ' 94-88 11, of butler per dairy cow per annul,,. 536,629 There are approximately 2,200 miners employed in the upper Ihames district, and. assuming that they and their families'consume _ lb. of butter per day. then 2,200 x_ x 365 101.5110 lb. Of butter per year. and. if the average yield from all the dairy cows in the Dominion is 94"88 lb. of butter per annum, then 4,232 dairy cows, or the number required to supply the miners and their families with butter. The number of dairy cows in the Thames County is 2,967, and in the Ohinemuri County 3,764—a total of 6,731 : or, in other words, about 63 per cent, ol the total number of cows in these counties is required to supply the miners and their families with butter The value of 101,5001b. of butter at Is. per pound is £20,075, and the value ol the dairy cows at £8 each is £35,688. It is very probable thai half the number oi cows could supply the butter required if they were continually producing: such, however, is not possible, hence the low average yield per cow. At the Waihi and Karangahake abattoirs the approximate number ,>l cattle, sheep, and pigs slaimhtered per annum, and their value, is as follows: — 01 £ s. a. Cattle, 2,260, valued at £li 10s. each 14,690 0 0 Sheep:.o.7s2, ~ 13s. each 6,988 16 0 pi g _! 792. . tl 10s. each ... 1,188 0 0 Toial ... ■■- ••• ••- £22,866 16 0 The approximate weight of the slaughtered cattle is,— 1 r Tons cwt. Cattle, 2,260, at 6_ cwt. each 7:11 [, [ Sheep, 10,752, at 601b ■■- 288 0 Pigs, 792, at 901b ••■ 3] lb Total ... -. 6 According to Mulliall's Statistics, Ith edition, page 192, the amount of food required per annum, estimated by Keh-ti, is as follows: — Lib. M ,„ 1,600 85 ... - >-'Z child ... ... ■•• ■•■ •■-. •■• ••• ••■ m) A man's food is made up thus:— LbAnimal ... ••• •• *»" Vegetable --- -■- •-■ ••• x ' aiU Total ... 1.600 And 1,600 Ib. x 2,2110 3,520,000 Ib., or 1,571 tons, of annual and vegetable food required for the miners only in the upper Thames district. Now, 2901b. of animal food at 6d. per pound - ■-- = 1,740 and 1,3101b. of vegetable food at 2d. per pound ... ■-- •■■ ...=2,620 Total 4 3 60 Or £18 3s. 4d. per annum; and this amount, multiplied by 2,200 £39,966 13s. Id., the value of the food consumed by the miners. ~___„ • -, Now if we assume thai out of the 2.200 miners. 1,650 ol them are married and ~.,() unmarried, and that'each married man has a family of three—viz., a wife and two children and further assume that Keleti is correct in stating that the wife consumes 75 per cent, and a child 56 per cent, of the amount consumed by a mar, per annul,,, then the details of the expenditure on animal and vegetable food are as follows : —

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Value of the food consumed by the man per annum ... i 8 J J " woman per annum ... 13 12 6 " two children per annum _(• 5 Total ~r: £52 2 8 And £52 2s. Bd. x 1,650 married miners fi s - d and £18 3s. 4d. x 550 unmarried miners "' = 86 ' 020 " " 9,991 13 I Total ... £96,011 13 I Assuming one-third of this amount is ~,-t profit to the farmer viz £96 ' 01] I:,s - ''' -£32,00, ()175 . 9d . , sav> £3 2,000)-and capitalizing at twenty years' purchase, J, „„ I The annual amounts expended by the miners for food leave -, ~,-,,«, ~,r • . * _** interest ace, uing on an amount of considerably over hall a S "Jl farmer to •) per cent, on over three-fourths of the t,,,-,l ~. , "i 1 ■ ~ mimon <>' money, or interest at in the Ohinemuri County a7at the 3Sst Jiarih 1909 **" 0t lmproVed and land mining industry for th 1 |~ ' "n"?^ 0 » dependent upon the eentrel, who also earn a oonside^ble the "bT "?« '? *** to assume that the food c0n5,,,,,,,! by persons w!,, ■-~,,',„,,; ; . 'T '* 'W* Si ' f<> proximity to the mines, would amoun fully to the same valu X " reSld< ' '" miners and their families: and if so the farmer ZZZZ ? n «" , «« already given for the residing near the goldfield have been greato• 2stintf ir™ ? the °P lnion thi >< farmers profit ,„„, bo obtained by , the g „X ' ""* -tfSSi-- * duty £280 762 4s lid r1 p7 • • , as at the 31st March - 1909 > and as gold £392 908m'-i, A f i t \ le, c Government from the Consolidated Fund to local bodies a °. d -f B A 7 ? ] ' !,S "'' of « ol dduty. 'Ihe total amoun? ,11c itceipts was ±,677 927 0s lid., and the total amount paid over to local bodies £673 690 h'consoH^tedl'iTnr^t' r ff loCal "S" «" whole of the amoun paid ff pTidlo™^^wa a s^nly U Si- 23 0"5s d Jr nM ' g ° ldfields rwenue and £48 S 7 a s nn 3 U d aI and'Z ° f IW, ? U - J and «° ld dllt - V for the P«"od given was *«,*■" 7s 3d., and the annual average amount paid to local bodies £48,120 5s 5d Now, il we assume that an average annual revenu ' £48,000 will be paid over to local bodies : zzz Zzzzz-zZ' z" «#"*»*** — < jza iTSirSsls ■aDital 1 Z W iZ P«' cent, compound interest, we find that the local bodies have a capital interest in the mines which amounts to £349,776 9s Id The annual | n teJ ,\i ■ amount at 5 per cent, is £17,488 Lis. 5d., and the annual sinking fund to be Z Zor te redemption at 3 per cent, compound inte.es, is £30.511 3s 7d The interest uul si, -~,,, 1 together equal the total annual income of the local bodies. * g '" ' Reasoning a little further, and assuming that the mines will have a life of twenty years and S 3 59Tl s a 6d S tZ _? T h f 0 Z th M°- Cal ~' "l |VS' intereBtS hl the miDeS - 11 then'amoun; to .tsou.doj lis. 6d. The annual interest on tins amount at 5 per cent, is £27,517 19s 6d and the annual redemption fund, at 3 per cent, compound interest, is £20,482 os. fid., and these amounte together are equal to the total annual revenue of £48,000. But the local bodies wo 3d no"doubt go a step further, and assume that this revenue will continue for all tin,,.: if so, then the capital value ot their interests in the mines, at twenty years' purchase, is £960 000 If you turn to page 199 of the Year-b00k,'1909, you will notice that the local bodies received horn the Government during the year ended 31st March, 1908, £202,185 16s 4d and of this amount £47,018 _1. Id. was goldfields revenue and gold duty: or, out of the total amount l£ these bodies received from the Government, 23£ per cent, came out of the mining industry the goldfields revenue and gold duty have been and still are being used for the construction of roads and bridges, and also for their maintenance. The farmers residing on the banks of the Ohinemuri and Waihou Rivers have contributed practically nothing towards this expenditure If rates were levied on the farms for this purpose, the fanners- profits would be less, and their property would depreciate in capital value. The capital expenditure on mads i„ the Dominion, as at the 31st .March. 1909. was, accordine tot-he New Zealand Budget, £8.331,015 L3s. 10d., and of this amount the goldfields revenue and gold duty contributed no less than B*oB per cent. If the farmers of the Thames and Ohinemuri Counties were to assess themselves say at Sd in the pound on the unimproved capital value of land, an annual sum of about £2,528 would be forthcoming for the erection of stop-banks and keeping the branches of the willow-trees clear of the rivers.

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The unimproved value of land in the Thames County is. according to "The New Zealand Otlicial Year-book," 1909, page 559, as follows:— £ rm n ' -■- 299,657 riianies County ... ••■ ■•■ •■• . ..,., Ohinemuri County Total ... eBO9 > 189 un d this amount will yield an annuity „f £2,528 at the rate of |d. in the pound. ' When the banks',,!' the Ohinemuri and Waihou Rivers are put in order, this annual sun, ~ .-•52* rased from a small tax on the unimproved value of land, could very well Is- diverted toward assisting in the upkeep of roads and bridges, which the farmers constantly make use „t or Sltranspor of their produce. The amoun. is „,„ much, but it would be something towards aUeviatingSe unfair taxation of mining companies, who hay, to pay taxes on what they produce *. i__» »-.-, *» ~,,1 co„s,„„e,, in *. u PP er coal-mines, in the year 1907, had a total output of coal (which includes " slack ". of 162 04 to, as shown in "Tte Now Zealand Papers and Reports relating to Mineral and Mining;* published in .908 in connection with -The Inspection ol Coal-mines Report page • The total number of men employed below ground was 286, and above ground 61; so that the I.—, -~a,fof„,,„ia, p„. Of the Taupiri mines. Now ™L = 179 men required above and below ground to supple the goldare as follows : — ~, Married •■■ •■■ ••• I-, Unmarried T 1 ...179 Now. if we suppose thateach married man has a wife and two Children, the cos, of the f I -an be estimated on the same basis as above: — £ a A 134 families at £62 2s. Bd. per annum ... 6 ',si7 10 0 |.-| unmarried men at £18 3s. 1,1. ... ■•- ' Total £7 8 03 7 ' Vnd taking one-third of this amount, and capitalising at twenty years' purchase, we have £7,803 7s. id. = £2 ( . ()| 2g Bd {sMV- £ 2)60 0); 3 ~,,,1 £2 (300 x2O = £52,000. , , anu *.«, _ 1'.,,.,,iers real, directly Irmn the coal-miners and ajrt^T^srt3Kß "ZS s__ : -. --- «■ invested in land. ~,„„,,,ts to £572 7s lid. nor week. and. Inking ,„„ EKES iX £S>rf&:;:'::::::;:::;- ££— - - *» - October, 1908 :— Acres. Acres. [ n gown grasses, after having been ploughed ... 5,800 1 , In sown grasses, not previously ploughed ... •-• Land broken up. but not under crop i )o _ 2 (s ._, Total under crop... -■• ■•• ' f)0 275 In garden ... ••• ->-o KM In orchard ...... 1(C . 25 Plantations of forest-trees ... ■-• ••■ - - X„w, ifviiutn page 5511 „f the Official V -book, 1909, tl apital valu fl land improvements in these counties are as follows:— Thames County. . Vata °° J , Improved Land. c t Value of improved and unimproved land ... -■■ «>3,304 boss (unimproved value) ... --- ' 163,647

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Ohinemuri County. Value of Improved Land. Value of improved and unimproved land ... 840 283 boss (unimproved value) ... ... ... 509532 , , £163,649 (improved value) 14,785 (acres)~ =£ " ' S ' * d,—the aver "age value of improved land per acre in the Thames County; and 4 3 ___i_££__!_____alue) , J ' 33,493 ("acres) • ''"' average value oi improved land per acre in the Ohineinuri County. But let us lake the whole value of the land, as above, a, £12 per ace. I think we may safely assume that the whole ~. the 5,000 -ices of |„n,l could, if i, were purchased, be resold at an average P f}?rZ, P , el ' aCrC '""''''' P reBBnl exiB *ing sludge-channel conditions: and 5 000 a<-res x£B - £40 000; and £60,000 £40,000 £20,000, which is more than the maximuni damage by the farmers. If we compare this paltry amount with the benefits that have been conferred upon them by the gold-mining industry we find there is no justification for the complaints mad. in respect to the injury done to their properties by H l-water and silt Now, to purchase 5,000 acres of damaged land from the farmers at £12 per acre it would be necessary to borrow £60,000. Interest on this amount at 5 per cent., with a redemption or sinking fund a -, per cent, compound interest, to liquidate the loan in twenty-five years, would mean taking from the goldfields revenue annually £4,645 13s. 5,1. In pay off both principal and interest within the tune. £ s d Interest on £110,000 at 5 per cent. ... ... ... 3 000 0 0 Annual redemption or sinking fund, at 3 per cent, compound interest 0-027427871 x £60,000 ... ... 1,645 13 5 Interest and sinking fund together ... £4,fi45 13 5 And if. after the land is purchased, a sale is effected subject to sin,lire-channel conditions the amounts realized can Ik- used by Joeal bodies for paying off the loan in a shorter period. Tl,-. Government might make a condition that'the present holders of properties on the banks ol the Ohinemuri and Waihou Rivers shall have the first right to repurchase the lands at a price in be fixed by the Government Land Valuation Department. Now, as regards '-'fine-crushing": — We are crushing our ore through a 30-mesh screen, the particulars of which are as follows:Wires . •■- •■- ... ... ... ... No. 28S.W.G. Diameter of wires ... ... ... ... 0-0148 in. Width of square holes ... ... ... ... ... 00185 in After crushing through this mesh, an average of from 70 lo 75 per cent, of the crushed ore will pass through a 90-mesh. In some of our experiments from 80 to 90 per cent, have passed through .-, 90-mesh screen after crushing through a 30-mesh. We have no intention of altering our system of crushing, for the simple reason that we culd not make any further extraction from our ore. The value of our tailings varies from 2s. 6d. to 4s. 6d. per ton. Now, I will ask you to refer to Rankine's " Manual of Civil Engineering," page 708, article 468 : — Regime or Stability of a Water-channel.—" A water-channel is said to be in a state ~!' rigimt ~,- stability when the materials of its bed are able to resist the tendency of the current to sweep them forward. The following table shows, on the authority of Dv Buat, the greatest velocities of the current close to the lied, consistent with the stability of'various materials: Feet ]«-,- ., c „ , Secon . " nott clay ... ... ... ... Q.2Q Kino sand ... ... ... ... ... . q - 50 Coarse sand, and gravel as large as peas .... ... ... ... o'7o Gravel as large as French beans ... ... ... ... ... 1-00 ('ravel 1 in. in diameter ... ... ... ... ... 225 Pebbles 1J in. in diameter... ... ... ... ... 3-33 Heavy shingle ... .. ... ... ... ... 4-00 Soft rock, brick, earthenware ... ... ... ... ... 4-50 Rock, various kinds ... ... ... ... ... 6'oo and upwards. As to the relation between the surface velocity, the mean velocity, and the velocity close to the lied, see article 445, p. 674. " The condition of 1 he channels of streams which have a rocky bed is generally that of stability. When the bed is stony or gravelly the condition is most frequently that of stability in the ordinary state of the river, and instability in the Hooded state. " When the bed is earthy its usual condition is either just stable and no more, or permanently unstable. The former of these conditions arises from the fact of the stream carrying earthy matter in suspension, so that the bed consists of particles which are just heavy enough to be deposited, and which any slight increase of velocity would sweep away. "The bottom of a river in a permanently unstable condition presents, as Dv Bunt pointed out, a series of transverse ridges, each with a gentle slope at the up-stream side and a steep slope at the down-st lean, side. The particles of the bed are rolled by the current up the gentle slope till

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they come to the crest of the ridge, whence they eventually drop down the steep slope to the bottom of a furrow, where they become covered up, and remain at rest till the gradual removal of the whole ridge leaves them again exposed. ■■ When the banks, as well as the bottom, are unstable, the river-channel undergoes a continual alteration of form and position. If the banks arc straight, they soon become curved, for a very slight accidental obstacle is sufficient to divert the main current so that it acts more strongly mi one bank than on the other: the former bank is scooped away, and becomes concave, and the earthy matter suspended in the stream is deposited in the less rapid part, so as to make the opposite bank convex. A curved part of a river-channel tends to become continually more and more curved : for the centrifugal force (or, rather, the tendency of the particles of water to proceed in a straight line) causes the particles of water t,, accumulate towards the concave bank : the current is conse quently more rapid there than towards the convex bank, and it scoops away both the bank ami the bottom (unless they are able lo resist it), and deposits the material in some slower part of the stream : thus Ha- 'line ol Ih, strongest current is always more circuitous than the centre line of the channel, and the action of the current tends to make the concave banks more concave, the convex banks mere convex, and the whole course of the river more serpentine. This goes on until the current meets some material which it cannot sweep away, or until, by the lengthening oi the course of the stream and the consequent Battening of its declivity, its velocity is so much reduced that it can no longer SC p away its banks, and stability is established. In some eases stability is never established, but the river presents a serpentine channel which continually changes us form and position. , , "One of the chief objects of engineering in connection with ihe channels ol streams is to protect their banks against the wearing action of the current, SO as in some eases to give ikon, that stability which they want in their natural condition, and in other cases to give them the additional stability that is required in order to resist an increased velocity of current, produced by improvements in the course and form of the channel." . Article J/69- Protection of River-banks.— ■" The most efficient protection to the banks ot a stream is a thick growth of water-plants: but. as this,- form a serious impediment to Ihe current, artificial protection must be substituted Iter them, at least below ihe average water-level. Above thai level a plantation of small willows forms a good defence against the destructive action ol floods- but it is not. applicable where there i.s a towing-path. The moans o artificially protecting river-banks may lie thus classed : 1. fascines :2, timber sheeting :3. iron sheeting :1. crib-work : 5, stone pitching: 6, retaining-walls; 7, groins," &c. . 1, is a very simple experiment to prove the Itecs given by Professor Rankine, on (he authority of Dv Buat, Unit gravel 1 in. in diameter will have its stability overcome il there IS any increased velocity above 24 ft. per second. Now in a river that has a normal velocity of about 3_ ft. per second and which would be increased to 6 ft. or 7 ft. per second if the boulders were removed from its bed .lane is no possibility of slimes or tailings remaining other than in suspension during a freshet. Where the rive] is curved, as Professor Rankine points out, banks will be f0r,,,,,! on its convex side-which is practically what does take place in the Ohinemuri and Waihou Rivers. ' Professor Rankine draws attention to the fact that willows io,-,,, a good defence against th destructive act,,,,, of floods, and to destroy them absolutely would 00 doubt, sooner or later, res,,], in the destruction of the banks along which ihev are planted. ....... In En-land, by various Acts of Parliament, Boards of Conservators have been established for oarticularW "These Hoards exercise the powers of .he Crown for .be regulation and protection of navigation They replaced the Commissioners of Sewers, who were originally in rusted with these dS The usual powers of Conservators are to dredge and scour the beds of streams 0 - vers and to make by-laws for the regulation of navigation. They are bound to use the receipts , ihe , ■vi.'ation of the rivers for the public benefit, and so long as they take tolls they are bound to o r'he navigation 0p,,, and in a proper state of repair. The Conservators are no Se for v i.irv caused by overflow- from natural causes, for in English law we learn that an accident or Sy of this kind is said to be due to .he act of God when, without human intervenHon Tt • ris ' foni natural causes of such a kind or deg.ee that no experience or care which can reasonably te eZcted could have foreseen or guarded against them, such as storms tempests , h ?im! a, extraordinarily high tide, or severe frost, or an exceptional fall o snow or rain In S b'm I' a special contract. ~„ persons are held liable for damage caused by the act ot God. Yours, &c, For the Ni.w Zealand Crown Mines Company (Limited): T. R. W. DAW, General Manager. \V. Fergus,,,,. Esq., C.E., Chairman. Silting Commission, Wellington. Memorandum. The Commissioners regret that, although Mr. Daw Z Crown Mines Company Lifted) ,;. ZZJZLZZ closed its'public Sgs -nXzzZ::: tzzzz-zz! _s: i- ** *_„_ i ■— tton. Th. Commissioners publish his letter for what ,t is ***f Chairman. Bth July. 1910. ,„,„„, Cost of Pa,„.,-P,- e pa.ra t ,on, not given 1 printin* ,1.000 copies, Including ...nsimions a„„ map.,. _2 10s.

By Authority : John MaCKAT, Government Printer. Wellington. -1910.

Price 7s. 6d.]

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Bibliographic details

WAIHOU AND OHINEMURI RIVERS (REPORT OF COMMISSION APPOINTED TO INQUIRE INTO SILTING OF); TOGETHER WITH MINUTES OF EVIDENCE AND EXHIBITS., Appendix to the Journals of the House of Representatives, 1910 Session I, C-14

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WAIHOU AND OHINEMURI RIVERS (REPORT OF COMMISSION APPOINTED TO INQUIRE INTO SILTING OF); TOGETHER WITH MINUTES OF EVIDENCE AND EXHIBITS. Appendix to the Journals of the House of Representatives, 1910 Session I, C-14

WAIHOU AND OHINEMURI RIVERS (REPORT OF COMMISSION APPOINTED TO INQUIRE INTO SILTING OF); TOGETHER WITH MINUTES OF EVIDENCE AND EXHIBITS. Appendix to the Journals of the House of Representatives, 1910 Session I, C-14