KIANDRA.
FROM OUR SPECIAL COMMISSIONER
No. 3.
-- In this communication I wish to call attention to the management of these fields and if
possible, to the necessity of framing rules and regulations that would enable the
Commissioners to settle the various disputes that come under their notice upon some
definite rule, and not to leave such discretionary powers in their hands, for it is quite
impossible under the present system they can give anything like satisfaction. The Gold-fields
Regulation of New South Wales apply to all fields, although There may be many
circumstances on different fields that call for different regulations Under these
circumstances the Commissioners are compelled to exercise in a great measure those
discretionary powers that in general give dissatisfaction -- for in any decision they may
give, the losing party is sure to say they are influenced, or know nothing of their duty, or
that Mr So-and So would have decided in their favour; when, had they a set of rules and
regulations applying to the field, no commissioner could give a decision different to
another. As a consequence of this want of rules a system of extended claims and permits
to hold ground have sprung into existence the trouble and annoyance of which are now
apparent, and the longer the same system is continued the greater difficulty it will
become and the more unpopular the commissioners will be however much they may
endeavour to discharge their duties faithfully. Mr. Commissioner Lockhart committed a
very great error in allowing thirty feet for river claims when the present regulations say
twenty feet is all that can be taken, and in giving to some parties ten to twenty feet more
than they can legally hold; also in granting to some parties almost exclusive water rights.
I do not wish to say that thirty feet is too much but if the regulations say twenty, upon
what authority does a commissioner give thirty feet? Is he to administer the law or make
them; if the latter of what use are the regulations. It is all very well for the men holding
these claims to praise Mr. Lockhart and say that he is the best commissioner that ever
was on Kiandra and to cry out against the present ones, because they endeavour to
administer the law according to the regulations; and, at the same time are expected to
uphold the illegal claims granted by a previous commissioner -- for they have no power
to alter a grant once given under these circumstances. The blame that is cast upon them is
very undeserved and their position anything but a bed of roses. I happened to be present
to-day when a dispute was decided by a commissioner. Some men wanted to work some
ground in the neighbourhood of one of the principal streets; a party holding a business
license claimed 60 feet frontage, with a depth of 120 feet, and produced his permit,
signed by Mr Lockhart, for the same, and appealed to the gold fields regulations Now,
however much the miners may groan and grumble at his decision, he could give none
other than he did , but does it not seem monstrous that any person, by taking out a
business license of £4 per annum, and placing a miserable tent some 15 x 12 on it, as in
this instance, should be allowed to hold such an extent of ground, to the exclusion of men
willing to work the same As the present regulations stand, there is nothing to prevent any
party pegging out 60 by 120 feet on any part of these fields, getting a business license,
erecting a tent, and defying the miners to work the same. Any ground which is supposed
to be auriferous ought to be allowed to be worked when not occupied by buildings, and
when such is the case they should also be allowed, conditionally they make the necessary
compensation for any damage that may be done to the property, to be assessed by
disinterested parties, for I maintain the fact of their holding business licenses does not
give them, the auriferous deposits it may contain, such belonging to the Crown, and
anyone holding a miners' right giving permission to search for the same.
For the development of these fields, rules and regulations must be laid down, the extent
of all classes of defined, and the miner to hold his ground upon his miner's right alone,
subject to no favour, the system of extended claims and permits to form the exception,
not the rule as it does at present. Until such is the case, no commissioner that can be
placed on this field will obtain the confidence of the miners.
And now with respect to the commissioners them selves. I have had several conversations
with Victorian miners and others, and the general opinion expressed is that there are too
many on this field, an opinion I was inclined to join in -- in fact I may say did -- but I
have since seen my mistake, and I trust this acknowledgment of it will be sufficient. This
place is not to be judged by other places, for, should a dispute occur at the Four-Mile, a
commissioner who walks there and back and settles it will find but little of the day left to
attend to other affairs. If at the Nine Mile, he will require a horse to be enabled to
accomplish it in one day; for you in Sydney have but a poor idea of what they call roads
here. The same want of system exists, and it is not surprising that it should, considering
the duties they have to perform. Gold commissioners, magistrates, Government land
auctioneers, gold receivers, and clerks of Petty Sessions -- one duty clashing with the
other -- in the discharge of one necessarily neglecting another.
But you will, I doubt not, say, How is it to be remedied? Easily enough adopt a system.
Mr. Commissioner Cloete, is Chief Commissioner of the Southern Gold fields, has other
duties to perform, and cannot strictly be said to be stationed here. Let one of the present
commissioners be what I may call resident commissioner and police magistrate, assisted
by the various J. P. 's in the district, and by all means let there be a clerk of the bench; it
is simply ridiculous that commissioners should be so engaged neglecting their important
duties. Let this field be divided into three districts, each under the charge of a
commissioner, and with proper rules and regulations it will then stand a chance of being
worked. Until some such measures are adopted, the authorities here will ever be in
confusion, and never give satisfaction. That the present commissioners will be found
equal to the task, I have not the shadow of a doubt. Nothing is easier than to find fault,
but in this instance it is the measure, not the men, that are to blame.
I would willingly close these remarks, but before I leave this subject I feel it necessary
that I should call attention to the allowance the commissioners receive, £275 per annum,
with £50 extra for horse hire, for they could not possibly keep one on this amount, I
myself having to pay £2 for a horse for one day will be sufficient to show how far that
amount will go. The least any commissioner should have on these fields is £400 to £450
per year -- this place being an exception to all others for their expenses must always be
considerably higher than of other fields Let the Government throw over their present
penny-wise and pound foolish policy, and adopt some such system I have endeavoured to
sketch, put the right man in the right place, give him a fair field, at the same time pay him,
so that he may discharge his duties independently and fearlessly, and they will command
the respect and support of all intelligent men, and greatly assist in developing Kiandra;
for the longer I am here the more I am convinced it will be a permanent, payable, and
extensive gold-field.
I had scarce posted my last, in which I stated the weather to be fine, when we were
visited with a thunderstorm, with one continual rain until late on Sunday night. At present
it is fine, but how long it may continue so will take a more weather-wise person than
myself to say.
Telegraph communication with Sydney was opened this morning.