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Edie Creek (New Guinea) Leases - Report, with summary of exhibits, of the Royal Commission


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1926-27.

THE OF THE CO!Il\JIONWEALTH OF AUSTRALIA:

REPC)RT

OF THE

COMM·ISSION

ON THE

EDIE CREEK (NEW GUINEA) LEASES

(WITH SUMMARY OF EXHIBITS).

Presented by Command; ordered to be printed, 5th October, 1927.

[.Cost of Paper :-Preparation, not given; 830 copies; approximate cost of printing a nd publi lling, £26.]

Printed and Published for the GovERNMENT of the of A STRALIA by H. J . GREEN,

Government Printer, Canberra.

No. 113.,--F.816.-PRicE 9D.

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I\EPORT To His Excellency the Right Honourable JoHN LA'\TRENCE BARON STONEHAVEN, a rneriiber of His lJ!la;jesty's Most Honottrable Privy Council, Knight Grand Cross of the Most Distinguished Order of Saint JJlichael and Saint George, Companion

the Distinguished 8ervice Governor-General and Commander-in-Chief

and over the Common1J..1ealth of A u.stralia.

MAY IT PLEASE YouR ExcELLENCY:

In accordance with the Commission issued by Royal Letters Patent, dated the second day of March, 1927, empowering me to inquire into and report upon all matters connected with the for, and the .granting. by the of New of, four Dredging

and SluiCing Leases on the Edie Creek In the Distnct of Morobe, of the Terntory of New Guinea on or about 8th July, 1926, in the names of \Villiam George B.oyal, Arthur Frank Chisholm, Albert Alfred Royal, and l\1e:vyn .res_I?ectively, and, without limiting generality

of the above reference, In particular to Inquue Into and report upon the following questions, namely:---( 1) vVhether the area, or-any substantial part thereof, included within the leases is alluvial, suitable for working as claims; .

(2) Whether reasonable and proper steps were taken by the Administrator and his officers to satisfy themselves as to the nature of the ground applied for by the said lessees and its suitability for working as claims or by dredging and sluicing methods ; _

(3) \Vhether due care and diligence were exercised by the Administrator and his officers in dealing with and determining the applications for the said leases and in . considering the representations ma.de to them in regard thereto by persons other than the applicants; ·

(4) Whether, regard being had to the nature of the ground covered by the said leases and to all the circumstances connected with the applications for the leases, the granting of the dredging and sluicing leases in respect of that ground was a reasonable and judicious exerci13e of the powers conferred upon the Administrator by the Mining Ordinance of the Territory of New Guinea; and further to inquire into and report upon the question-

(5) Whether, having regard to all the circumstances, reasonable provision was made for the administration of the Edie Creek locality · after the reported discovery of _ gold, and in particular for the medical requirements of Europeans and natives on the field.

I have the honour to r_ eport as follows :-2. On the 7t.h April, 1927, I left Brisbane for Rabaul, in New Britain, and arrived there on the 14th April. As the Easter holidays im.n1ediately Wednesday,. the 2.0th April, was fixed for the opening of the proceed1ngs In Hernshenn s Building, and pubhc notice was at once given of -the place and time

3. On the 20th April the Commission was read, the questions for inquiry and report separately stated, and assistance invited from any person who give relevant and material evidence with respect to any one or more of matters mentiOned. Counsel from the bar of New South Wales were in attendance and applied for, and were granted, leave to appear respec-

tively as follows:--Mr. W. B. Simpson for the Morobe District Miners' Association; Mr. L. C. Badham for the Adn1inistrator and his officers; and Mr. F. S. Boyce, K.C., for the abovenamed lessees. As Counsel had not had sufficient oppor.tunities f?r an

at their request until Tuesday, 26th April. Mr. Srmpson m accordance notice

previously given to myself and to the other Counsel, that he had a large number of Witnesses

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then on Fpper Edie Creek, and requested a sitting at Salamoa the coast of the Island of New Guinea-,--four to six days' journey from Edie Creek and about 400 miles from Rabaul--for the purpose of taking their evidence. After discussion it was decided to take such evidence as was then available in Rabaul until transport to Salamoa could be arranged ; then to adjourn to Salamoa for the purpose of taking evidence there, and then to return to Rabaul for the com­ pletion of the evidence.

4. Evidence was called at R.abaul on the 26th, 27th and 28th April, and on the 29th April departure was made for Salamoa which was reached late on the 2nd May, the journey occupying 80 hours. On the ·3rd May, after the questions had been stated and assistance invited as before, evidence was proceeded ·with and the sittings continued until lith May, when departure was made for Rabaul, which was reached on the afternoon of 13th May. Sittings were resumed at Rabaul on 16th May and continued until 8th June, when the addresses of Counsel were concluded and the sittings closed. The actual sittings occupied 26 days, mostly of 6 hours each ; 48 with witnesses in all were called, and 1 62 exhibits tendered. As there was only one shorthand writer with the Commission and no competent typist available in the Territory it was impossible to have the transcription of the evidence completed in the Territory, and it has been necessary to await

the transcription since my return to Australia at the end of June before entering upon the · completion of this Report. A copy of the transcription, together with available exhibits, is with the Report. 5. It was impossible to present or take the evidence in any sort of order, and evidence was taken as it suited the convenience of witnesses and on such one or more of the questions as the witnesses were able to deal with. It is necessary therefore to give some general description of the circumstances as they existed before and at the time the four leases were granted, and as they developed afterwards so far as relevant.

LOCATION AND COMMUNICATION.

6. Civil Government was established in the Territory on 9th May, 1921, and the Territory was divided for administrative purposes into ten administrative districts, of which three-including the District of Morobe-comprise part of the mainland of the Island of New .Guinea. 7. The District of Morobe is the most south-easterly part of the mainland and the only district in the Territory in which any gold activity has occurred. The District Office, which was also the Warden's office and post office, was first established at Morobe, a small settlement on the coast near the mouth of the Waria River, on the head waters of which it was thought in 1921 that gold would next be discovered. The head waters of the Waria are near the head waters of the Lakekamu River in Papua, where gold was discovered and a rush took place in 1923. A wireless station had been established at Morobe prior to January, 1926, and continued

to be operated until the District Office was removed to Salamoa about August, 1926. Salamoa is about 64 miles in a north-westerly direction along the coast from Morobe. While the District Office was at Morobe the journey between Morobe and Salamoa was made by the District Officer in his pinnace, which took about a day, but it could also be made by native canoe, if the weather allowed, in three or four days. In October, 1925, the mail steamer Marsina began to call ·at Salamoa on the round trip from Rabaul, and thereafter called every six or seven weeks. The journey from Rabaul to Salamoa, when not made by the mail steamer, had to be made as best it could when opportunity offered in local schooners or· privately-owned craft, both generally of limited power and capacity. Mrs. Booth, one of the witnesses who appeared before the Commission, stated that it took her three months to do the journey owing to unfavorable weather conditions, and including the waiting for the chance of a voyage it has often taken longer to get from Rabaul to Morobe or vice versa.

8. From 1923 onwards Salamoa became the coastal starting point for prospectors and miners on the Bulolo Plains. The District Office remained at Morobe until the end of August, 1926 when it was left in charge of an officer, and the principal station for the district and the wireiess station were establishep. at Salamoa. The number of miners and intending miners in the district was then about 50.

9. The Bulolo Plains are reached by the Gadagadu-road-a rough track which winds over and along mountain spurs and across ravines, and renders necessa:r:.y ascents and descents of heights up to 6,000 feet before the plains are reached at a height of about 3,7.80. feet. Later, two other tracks, also very rough and known as the Buangs-road and the M1ssrm-road, were sometimes used. The Gadagadu-road is from 55 to 60 miles long and the journey takes from four to six days, stoppages being made at villages or rough shelters along the .track. All food, stores, and other necessaries are packed from the coast by native labour, became difficult to recruit locally after the rush in September, 1926, caused by the discovery on Edie Creek.

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10. The Bulolo Plains, w:ith a climate was described as "ideal," comprise many of. acres of comparatively level country watered by the Bulolo River

whiCh flows rn the Watut. pefore the latter ]Oms the Markham, a large river which flows into the Huon Gulf about 20 miles from Salamoa. The Bulolo River has tributaries named the Lower Edie, the Nami, the Koranga and the Wau Creeks. The Lower Edie is fed by waterfalls from the Upper Edie Creek, which flows through a densely wooded plateau of about 200 acres at a height of about 7,250 feet, and is itself fed by smaller streams, two of which are known as the Merri and Midas Creeks respectively. .

11. Prior to January, 1926, · prospecting for and winning of gold had been corilined principally to the rivers and creeks on the Bulolo Plains, although unsuccessful attempts to get from the Edie the Upper had In January, 1926, Mr. W. G. Royal

was successful rn reachrng the Upper Edie and d1scovenng gold, after some strenous work in which he was assisted by Mr. R. M. Glasson. A less difficult track from the Bulolo to the Upper Edie was shortly afterwards and now the journey from the Bulolo to the Upper Edie takes from five to seven hours.

12. It will be seen from the foregoing that transport and communication in the Territory were difficult and slow, and in fact sfill are, although wireless stations-at Salamoa since about September, 1926, and on the Upper Edie since about November, 1926-improved communication to some extent. While the wireless station at Morobe was the only stac.ion in the district it generally took from six to eight days under favorable conditions to reach the station from the Bulolo or the Upper Edie. The delay in communication accounts for some of the difficulties which arose on the field.

13. There was no official delivery or collection of mail matter in the district except at the post office situated at the District Office, and the practice was to hand mail matter for posting to some person going down to the coast or in urgent cases to a native runner. Owing to the ca.sual and infrequent receipt of mail, one result was that miners on the Bulolo were generally behind in their knowledge of amendments to the Mining Ordinance or Regulations. Miners in May, 1926, were relying upon a clause of the Regulations which had been repealed in February,

1925. In February, 1926, Mr. J. H. ·wilson, who gave evidence, handed to a native messenger for despatch to the Warden at Morobe a letter containing objections to the grant of the four leases and a cheque for the deposit, but, although Mr. Wilson at a later date seemed to think that the letter could not have gone astray, I am satisfied on the evidence that it never reached the Warden, and that these objections were never before the Administrator when considering the four applications. Similar objections, however, forwarded by others were then before the Administrator.

14. In 1923 gold was discovered on the Lakekamu River in Papua, across the border from the head waters of the W aria River in the Territory. The inain incidents were the collection of a large number ?f ordinarJ:" claim workers of atte.ndant native la?ourers; an outbreak of dysentery with high amongst the natives; failure of many mmers to and

consequent failure to pay native labour ; and .the rayment ?Y the Papu_ an Adrmmstratwn of the native labourers and of the expenses of mmers m returmng from the field. References to what was called "the Lakekamu disaster" will be found in the evidence of the Administrator, Dr. Cilento and Messrs. Cardew, Chinnery, Pryke and Lukin, and it is clear that the dangers to miners the difficulties of miners and of the Administration likely to arise on a rush to an

unexplored or partly explored area of the Territory were carefully noted.

QUESTION (1).

1'5. Dealing here with questior; (1) as to whether the area the leases is suitable for workinrr as claims, there IS no doubt that the answer to this questwn should be m the affirmative. The of Mr. Oakley and generally as to the n.ature of the ground,

and especially the evidence as to the actual w?rkmg of parts of the .area WJthm the four leases . and of land immediately adjacent to such area m the same way as claims are would have been sufficient, but I place great reliance in the evidence of the present ex pen enced Warden, Mr. J. D. McLean, who, after residence on the since 1st 1927,. had no

in stating that the whole of the land comprised m four leases I S n ch alluVIal smtable for working as claims. Counsel for the lessees admitted that the. area was alluvial land, but contended that the whole of it was not suitable for working as clanns by reason of its liability to floods, the presence of gorges on the and generally for reasons hereaft er set out in

56 infra. The special reasons just mentwned, however, do not prevent the above concluswn, and show at the most that some parts are perhaps not to. the holders as others.

Neither the liability to floods nor the existence of gorges 1s mentwned m Mr. Oakley's report, nor were they known to the Administrator on 8th July, 1926.

6

THE MINING I.JA W OF TilE TERRITORY.· 16 .. For the _of (2);(3) and (4) is necessary to inquire into the powers

and practiCe under the mining law of the Tern tory, but It _should be stated at once that it ·is not intended to inquire into the validit¥ of the four leases, which was assumed· and not raised or discussed before the Comrnission: and further that if this question seems at times to be involved in the inquiry, the whole inquiry shows that sufficient support for the view taken and acted upon in granting the four leases can be found in the provisions of the Mining Ordinance. . The inq_uiry also serves to show how the opposition and dissatisfaction of the miners on the Upper Ed1e arose. ·

. 17. The mining law of the Territory at 8th July, 1926 (the date of the approval by the Administrator of the applications for the Dredging or Sluicing Leases above-mentioned, such applications and such leases being hereinafter referred to as "the four applications" and "the four leases" respectively) was contained in Mining Ordinance No. 19 of 1922 together with an amending Ordinance No. 30 of 1922, both brought into force on 1st January, 1923, and subsequent amending ordinances, viz., Nos. 6, 34, 42, and i):4 of 1923, No. 16 of 1924, and Nos. 19 and 37 of 1925, and also in Mining Regulations brought into force on 1st January, 1923, and subsequently ainended by regulationR brought into force on 14th May and . 29th" September, 1923, 1st February, 16th April, 15th May and 3rd October, 1924, 16th February, 20th February, and 13th March, 1925.

18. The original Mining Ordinance was obviously framed on the Queensland Mining Act of 1898, an Act whose provisions ,have also been largely adopted in Papua. The divisions, headings, sequence, and language of the first 36 sections of the Ordinar;tCe follow closely those of the first 37 sections of the Queensland Act, the main differenceR being the omission from the Ordinance of some definitions, the provisions against grants of leases to aliens, and the provisions for payment of a reward as prescribed by regulations to the actual discoverers of any new gold­ field, contained in the Queensland Act. As to a reward, however, it was provided by amending R,egulations of 25th September, 1923, under the Ordinance, that a holder of .a miner's right who discovers payable gold at a distance not less than 15 miles from any claim or lease which is being worked shall be entitled to mark out five ordinary claims of 100 feet by 50 feet. It may be noted that the Ordinance originally provided that the area of a claim should be 40 feet by 40 feet or as prescribed, and the area was increased in 1923 to 100 feet by 50 feet, and in 1924 to 200 feet by 100 feet, but no corresponding alteration was m.ade in the rewa:rd provision

prior to 8th· July, 1926. Both the Ordinance and· the Queensland Act contain provisions for the procedure to be followed on the discovery of payable gold on Crown lands, including provisions for inspection by the Warden and satisfaction on his part as to the discovery of payable gold before a provisional proclamation can take effect.

19. Under the first 36 sections of the Ordinance provision is made for the issue of miner's rights and the privileges of the holder of such a right, and for two classes of leases-a gold mining lease and a mineral lease-both of which may be granted over Crown lands, comprising other than what may be termed ordinary alluvial ground, i.e., alluvial ground which, in the opinion

of the Administrator-(i) has not already been worked and abandoned; or (ii) is not suitable for leasing only on account of its great depth or excessive wetnesH, or on account of the costliness of the appliances required for its development;

or

(iii) for any sufficient reason ought not to. be exempt from lease.

20. The effect of the first 36 sections the Ordinance, as of the first 37 sections of the Queensland Act, is to reserve ordinary_ alluvial ground for the hol.ders of mir:er's.rights, a well-known practice under all mining and In the Act_ this reservati_on IS left untou_ched by

further provisions, the for wet alluVIal cla1;ms, claims, dredge and

hydraulic claims contained In the Queensland regulatiOns bemg clearly made for claims over ground other than ordinary alluvial ground.

21. But in Division 3 of Part IV. of the Ordinance, provision is made for a third class of lease called in the headings of this Division and of Division 4 and in Section 37 A " Dredging and Sluicing Leases," but elsewhere in the Ordinance and Regulations " Dredging or

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Leases.". J3y Section 37 is provided: that t?e Administrator may if hethinks fit, subject to the p:ov1s1ons the Ordmance and Regulations, grant to any person a lease to be called a or sluimng lease of not more 240 acres of any Crown lands proclaimed as a dredging

or .area (a) to search, :rr;tine for, and win by hydraulic sluicing with a pump sluice

or ":1-th a Jet elevator or by gravitation the gold or any prescribed mineral on or in the land demised, and (b) for or incidental to the purposes aforesaid, &c.

· . 22. ·A perusal of the Ordinance makes it difficult to avoid the conclusion that the provisions for th1s class of lease were somewhat hastily inserted, and without full attention to its effect on _ the preceding provisions of Thus there may be noted the change in the name

above referred to; the provisiOns In Sectwn 37 (2) for a term not exceeding 21 years renewable for "a further period" of 21 years, while in Section 38 (17) a condition of such a lease is to be that on performance, &c., the lessee shall be entitled to a renewal "from time to time" for a period not 21 years at each renewal; and absence of provision for business licences

on a · dredging or area. In passing it may be noted that while possibly part of a gold field or of a ;mineral field might be proclaimed a dredging or sluicing area, the whole of the District of Morobe, an area ;of about }1,650 square miles, was in 1923 proclaimed to be, at and the same· time, a gold field, a mineral field, and a dredging or sluicing area.

23. It was suggested in evidence that under Section 37 four methods of operation were provided for, viz. : (i) hydraulic sluicing ; (ii) with a pump sluice ; (iii) with a jet elevator ; (iv) by gravitation; andalsothatwhether the method intended was hydraulic sluicing,. or hydraulic sluicing by gravitation, or gravitation, this method was properly carried out by ordinary box or ground sluicing. The methods prescribed involve technical· knowledge, but on the evidence it seems to me that three methods only are provided the first two of which are well-kriown

methods in which the primary operation is the dredging or raising of the auriferous sand or gravel and the secondary operation is the forcing of it into the sluices, generally fitted ·on the same · vessel or machine, and the third of which is another well-known method of mining or sluicing with a powerful jet of water brought by gravitation from a dam or reservoir. In Murray's Oxford Dictionary" hydraulic 1nining "is descrihed as a method of mining in which the force of a powerful

jet ofwater is used to wear down a bed of auriferous gravel or earth and to carry the debris to the sluwes, where the particles of gold are separated. The term "hydraulic mining" had its origin and development in the State of California, U.S.A., and has been judicially considered in that State (see Lindley on Mining, San Francisco, 1897, pars. 848 to 853). The method known as

" hydraulic mining " seems to me to be the same as the method of mining prescribed by Section 37 of the Ordinance, viz., mining by hydraulic sluicing by gravitation.

24. The impression is . also given that hydraulic sluicing by gravitation was inserted subsequently, and the addition of an operation which did not include dredging to operations which did, accounts for the change in the name of the leases to " dredging or sluicing leases." It may be noted that in the form of a dredging or. sluicing lease provided by the Regulations

dredging operations only are referred to, and that in the form given for a gold mining or a mineral lease clause 14 provides that the lessee under a gold mining or a mineral lease will not work any of his land, mine, or premises by means of hydraulic sluicing or by any method of dredge

mining.

25. Further, by Section 38 of the Ordinance provisions are made with respect to the discharge of . the water or sludge and the disposal of silt, detritus, &c. , consequent on such operations, and it seems to me such provisions are more ope;ra.tions

the use of water in large quantities under pressure, such as In hydrauhc mining, than with

water; such as In box or ground sluimng. If not, It IS strange that srmilar prov1.swns were not made with regard to work on ordinary claims where the area allowed is much smaller, and the necessity for such provisions greater.

26. If a -comparison is made, as in the table set out on the following page of this Report, of the leases which may be granted under the Ordinance, it is seen that the value of the from a dredging or sluicing lease was not expected to be very great , and thus that the proVIS IOns for the grant of this kind of lease are more consistent with the grant of le_ ase of poor gro:md

than of any Crown land ordinary ground which may be very

It may be noted also that, as m a gold mining and a mmerallease, lessee entitled

on the grant of a dredging or sluicing lease to a six months' exemptwn, a provisiOn that would hardly be expected if appliances for box or ground sluicing were all that were necessary.

Gold Mining Lease (Gold)

Mineral Lease

(Minerals)

Dredging or Sluic­ - ing Lease (Gold or Minerals)

Maximum A rea.

50 acres with reser­ vation of half

the area over 6 acres for busi­ ness or residen­ tial purposes Not exceeding I60

acres or as pre­ scribed

acres

Term.

Not exceeding 21 years renewable for a further

of 2I years

Not ·exceeding 2I years renewable · for a further

term of 21 years

Not exceeding 21 years renewable for a ·further

term of ·21 years · 37 (2).

From tim·e to

time-Section 38 (17)

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· TABLE.

£I per acre or as

prescribed

1 Os. per acre or as prescribed

2s. 6d. per acre

first year, os.

per acre, every subsequent year

1 per cent. of gold

won

. Nil

Labour ConditlODll : Exemptions.

1 white man· for · Six months, . ·every 20 acres which may be

extended for

One white man for every 40 acres (section 33 pro­ vides for a cove­ nant that one

man for every ten acres, unless exemption granted) One white man for

every 80 acres

further 6

months by

Warden Six months, which may be extended for

further six

months by

Warden

Six -months, which .may be extended for further six

months b:r.

·warden

. ' · The that under Section 37 a dredgirig or sluicing lease may be granted

over ordinary alluvial ground and that the burden of proper performance, which is on the lessee, may be discharged by box or ground sluicing leads to ·an improbable result. The Ordinance would then be found to contain two -sets of provisions, under the earlier of which a miner who had obtained a miner's right at a cost of £1 per year of use could take up an area of not more ·than 200 feet by 100 feet of ordinary alluvial ground and work it under no tenure by

ordinary._ box or ground sluicing, and under the. latter of which he could immediately peg out, and from peggifl:g by until his application was dealt wit4, an area up to 240 acres of ordinary alluvial ground and on the grant of his application become entitled to work it by ordinary box or ground sluicing for a period up to ·21 years at a rent of 2s. 6d. for the first year and 5s. a year afterwards with a right o,r rights-of renewal for 21 years. He would also become entitled to six months' exemption· from labour conditions, with possibly a six months' extension, or to work it at once as he thought fit. If this is so, the Ordinance produces a result which is contrary to all mining practice the \Varden stated in evidence), and becomes

itself a trap for the unwary -mirier, especially when the right under the second set of provisions to work by ordinary methods of box or ground sluicing (assumed under this contention) is somewhat covered up by a reference to hydraulic sluicing, &c. · · · - . .

28. Rut although this may be the view take'n on the whole Ordipance, it must _ be admitted that under Section 37 itself dredging or sluicing leases may be granted over any Crown lands, which include ordinary alluvial _lands, and that although uqder that section methods of working ltre prescribed, the effect of Section 38 (18)---which provides for a condition in the lease that if the lessee shall at any time the said term fail to use the land bona fide for the purpose for which it has been demised the Administrator may declare the lease void

-is to leave it within the Administrator's discretion to say whether any method employed is a sufficient compliance with the p:r:ovisions of Section 37. It 9an also be contended that even . if ordinary alluvial land is to ·be: considered exempt from lease under Section 37, and ·therefore reserved for claim workers, because of ·an intention to be gathered from Sections 24 and 31, yet Section 24 (a) (iii) and Section 31 (a) (iii) exclude from ordinary alluvial land so exempt and reserved all alluvia] land which in the opinion of the Administrator for any sufficient reason ought not to be so exempt and reserved, and that, with respect to the area in question, sufficient reasons (hereinafter mentioned) can be adduced for the opinion of the Administrator that it ought not to be exempt, an opinion for which no formality of expression is required.

29. There are thus two possible views of the powers which may be exercised under Section 37 but whichever is the correct view, the fact is that from the time the Ordinance came into fo;ce, dredging or sluicing leases .were. t.he op1y leases at times over ordinary alluvial land, and ordinary box or ground sluiCing was always considered to be, not merely in the Administrator's discretion, but actually a proper method of performance as prescribed by Section 37. It should, however, be mentioned that Mr. W. G. Royal, one of t.he applicants for the four leases stated that when he described " dredgmg or sluicing " as the proposed method of wor}cing in his' application he was not of opinion that box or ground sluicing was a proper method pe:dormance. and this statement was borne out by proof that shortly after the grant

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fol!-r he visited Sydney for the of obtaining expert necessary

machinery In· order to carry out hydrauhc sluicing. Some box or ground sluiCing appears nevertheless to have been done on the leases prior to 1927. ·

I.JEASES GRANTED.

. 30. The .dredging or sluicing lease or leases was or were granted over 6,100 acres on the Upper Wana River and declared void for non-payment of rent in 1926. Prior to SthJuly, 1926, 42 further dredging or sluicing leases were granted over a total area of 6,567 acres of lands the 'Varia and Bulolo Rivers, but all except five of these leases over a total area of 278 acres

on the Bulolo River had been declared void or surrendered. On 8th July, 1926, the four leases were gran.-ted over. 3?! acres on the Upper Edie Creek, and, in October following, 21 applications for dredging or sluiCing leases over a total area of about 100 acres on the Upper Edie were refused. Subsequently during the period up to 8th April, 1927, 44 dredgjng or sluicing leases over _a total

area of 7,500 acres of lands on the Bulolo and Watut Rivers were granted, and of these all but one over 120 acres on the Bulolo are still in force. . 31. As far as the Bulolo lands were concerned the question whether dredging or sluicing leases should be granted over lands suitable for claims was raised on two occasions in 1924 while Mr. Montgomery was acting as Warden, and, although it was stated at one timethat such leases

would not be granted over such ground, it was found that ordinary claims were not attractive enough, and the two applications for leases which had been refused on the ground that the land was suitable for claims were eventually granted. Oue of the applicants was Mr. C. J. Levien, who had been District Officer at Morobe and had resigned in 1923 to take up gold mining on the

Bulolo. In 1924 he strongly advocated the granting of dredging or sluicing leases in order to enable a prospector to recoup himself, and in a memorandum to the Secretary for Mines under date 1st August, 1924, Mr. Lukin supported similar contentions. From about February, 1924, until late in March, 1926, Mr. Levien was the holder of dredging or sluicing leases on the Bulolo which he worked at first by box sluicing and later by ground sluicing. In addition to Mr. Levien there were in January, 1926, about ten other holders of dredging or sluicing leases on the Bulolo

all working by box or ground sluicing. ·

THE FOUR APPLICATIONS AND OBJECTIONS LODGED. 32. Attempts had been made on at least two occasions to climb to the higher lands above the Lower Edie, but without success. For about eighteen months prior to January, 1926, Mr. W. G. Royal and Mr. R. M. Glasson had been prospecting on the Bulolo without success. Associated with them was Mr. A. F. Chisholm, who made a garden for the provision of green food

and went to the coast for stores, work which it was admitted must necessarily be performed in that district by some member of a prospecting or mining party. Three others who assisted by service or otherwise were Mr. A. A. Royal, a farmer in Vic.toria, Mr. W. Money, a recruiter and trader in the Territory, and Mr. J. Sloane, a miner on the Bulolo.

33. About 23rd January, 1926, W. G. Royal, after undoubtedly strenuous work succeeded in climbing to the Upper Edie, and on. the following day, Mr. Glasson. who had accompanied him on the tour, marked out four pieces of ground ext ending about 3 miles up the creek and of a total area of about 80 acres. On their return to the Bulolo they informed or caused 'to ·be informed all the miners on the Bulolo of the discovery, and Mr. W. G. R oyal went t o Morobe

to lodge four applications in the names of Messrs. A. Royal, Glasson, and

for dredging or sluicing leases over the total area mentwned and the applicat iOns were received by the Warden on 2nd February, 1926. .

34. On 27th February, 1926, the Warden, without having made an inspection, recommended the granting of leases for the whole area for. The Administrator stated that on 8th

July, _ 1'926, he thought that the \Yarden .had inspect ed the area, and the memorandum of · recommendation certainly leaves the rmpression that the new find was on part of ·the Bulolo field. It seems to have been taken for grant ed by that the

requirements under the regulations had been properly complied With, but no questwn aro e as to of compliance.

· 35 .. Ar.aong the people informed of the discovery were J . H . Wilson an . J . Levien, the latter of whom had taken into his employment in J anuary, one H . o .tello, who? me from Melbourne without any mining experience. Me r. . Wilson nd LeVIe eternun , independently, to lodge but Mr. Wilson's obj ec.tio reached t e Ward n or

the Administrator. Mr. LeVIen gave several reasons for lodgmg obJectw but the only a quat one seems to have been his desire to help the flotation of his own propert ies on the Bulolo. e

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-also 3:d!llits that in objecting opposing he used as a. cloak or agent. In addition

to Writing to the Warden, he Instructed Mr. P. E. Madigan, barrister and solicitor, of Rabaul, to lodge objections, and on the last day objections were lodged by Mr. Madigan on behalf of " certain holders of miner's rights," unnamed. ·

36. The main objection so lodged, and further explained by Mr. ·Madigan's letter of 16th March, was tha.t in view of reported phenomenal deposit discovered the areas applied for were excessive. Mr. Madigan referred to the power of the Administrator to grant an inquiry whether objections were lodged or not and asked for such an inquiry. He stated in evidence that he believed that a visit which the Administrator was about to make to Salamoa (and did. make for other purposes) was made for the purpose of the inquiry suggested, and informed his client accordingly. Mr. however, took it that he had been named as an objector, and Mr. Costello reached Salamoa in time to appear at the Warden's Court and claim to be heard as an objector. ·

· 37. The Warden's Court for the hearing of the objections was held on 19th April, and Exhibits 31 and 81 contain the notes taken on the hearing and a subsequent" secret comprehensive report" for the Ad1ninistrator by Mr. Lukin. It is difficult from these notes and the report to · make out whether Costello was treated as an· objector who had lodged a valid objection against the application of A. A. Royal only, or as a person against whom a preliminary objection that he had' not been named as an objector was upheld. The notes, however, the contemporary record, state that Costello's objection, which had been confined to ·A. A. Royal's application

(leaving the other three applications unobjected to) was dismissed, and Costello was ordered to pay amounting to £15 to eac,h of the four applicants. 38 . . On appeals by way of quashing order by Mr. Madigan, both on his own behalf a·s an objector and on behalf of Costello, the acting Judge of the Central Court on 5th June, 1926, discharged the order nisi in l\1r. Madigan's case and made it absolute in Costello's quashing decision of the V{ arden on the first ground taken-that no evidence was taken on at the

Warden's inquiry . . The learned Judge pointed out that he had no power to refer the matter back to the Warden's Court, and that, even ifhe had, there was nothing to re:rnit, as it was clear that Costello had never lodged a valid objection. 39. The applications were then open for the Administrator's consideration, but meanwhile rad5ograms and letters had been sent by Levien, or Costello on his behalf, to the Administrator and Warden Lukin, and a memorandum dated 3rd May, 1926, and signed by about 22 persons in all, mostly holders of miner's rights, setting out reasons why the applications should not be granted had reached the Administrator. On 7th June the Administrator received Mr. Oakley's report, after an inspection of the field, on the field the statements contained in the petition of 3rd May. ·

OFFICERS CONCERNED.

40. The officers under the Administrator mainly concerned in dealing with representations with regard to the four applications other than the applicants were Secretary" for Lands and Mines, Mr. Hunt, and as Warden or Acting Warden, Messrs. J. H. Lukin and E. W. Oakley. Mr. Hunt had held office since the Ordinance came into force, and was about to go to the new field as Warden in June, 1926, when he died after a very short illness. There was nothing to show that ·he did not in the view that leases could be granted over ordinary alluvial land; and representations which came before him were no doubt dealt with under that view. On the death of Mr. Hunt, about 20th June, Mr. Chauncey, Chief Surveyor, acted as Secretary for Mines for a fortnight until Mr. Street, the present occupant, was appointed, but neither Mr. Chauncey nor · Mr. Street had anything to do with the applications or representations prior to 8th July, 1926.

41. lVIr. Lukin held the position of Warden from 16th December, 1922, until he went on leave on 20th April, 1926, except for the period between 4th August, 1923, and 25th February, 1924, when he was on leave and Mr. Montgomery acted as .He also

District Officer on 15th January, 1925. Mr Lukin had had no expeneiice In nuning admrnistratwn prior to his appointment as Warden at 1\f.orobe, but was concerned with n1ost of the applications made for dredging or .sluicing leases in the District. The memorandum of 1st August, 1924, shows that at that date he had formed a strong opinion in favour of the grant such leases and against the encouragement of claim workers, and took for granted that was a pro:rer method of performance under Section I-Ie suggested an to SectiOn 37, whwh

would perhaps have intendiJ?-g mrners could on .regg1ng for

leases up to 20 acres Instead of taking out a miners nght and peggmg an ordinary clarm-then of 100 feet by 50 feet-·-· but the suggestion was never adopted. L .

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42. Miners were in nl!mber ori _the . Bulolo and dredging or slueing leases were granted by box-slmCing. without obJectwn. \Vhen four applications were lodged no

of the ground apphed for was made by Mr. apparently because he considered it

similar to ground already under on the Bulolo, hke the probably patchy and not

very valuable, as he suggests In his recommendatiOn of the applications. Letters from C. J. Levien and statements by mi.riers did not shake his opinion, which be stated again in his final report of lOth May. ·

. 43. On 19th March he became aware of Mr. Madigan's objections, and on 27th March W3tS that he could go on lea:ve on 21st April; that he required to accompany the

Administrator up the Markham River for some days from 7th Apnl; and it was suggested that he h.old a Court to consider the. objections on 19t? April. main objection stated by :Mr. l\Iadigan. was that the areas apphed. for were excessrve, and this appears to be the only objection Mr. IJuk1n -ever really had to consiqer. He returned from the M3trkham just before the 19th

April, and held a Court on that day. On the hearing it was contended by Mr. Costello that dredging or sluicing leases could not· be granted over this alluvial land, but this was a matter on which, as already stated, Mr. Lukin had long before made up his mind. Next day Mr. Lukin handed over to Mr. Oakley and went on leave, and, except for some references to him in Rabaul

a11d his final report drawn up there, he had nothing more to do with the applications.

. 44. It was suggested in evidence that Mr. Lukin was biased for some reason in favour of the applicants or _ Mr. \V. G. Royal, but there was nothing more than a suggestion, and the records show in my opinion that Mr. Lukin, as far as the objections were concerned, acted consistently with opinions held and expressed by him long before Mr. Royal had discovered the

Upper I think that on the hearing he did not act altogether judicially if his own final report is to be taken as correct, but also that he erred owing to his own strong opinions and not because of any arrangen1ent or design to help the applicants in any irnproper way.

45. Mr. Oakley, who became Acting Warden on 20th April, had had no previous experience of mining or· mining administration, as he always frankly confessed and, as the Administrator knew. The objections had been disposed of and further proceedings on the applications would ta-ke place in Rabaul, and as the number of miners could not largely increase for some time it

was thought he would be able to perform such duties as were necessary. A copy of the rnemo­ randum to the Administrator by the miners of 3rd May had been given to him, and in May he visited the Bulolo and Upper Edie and made an inspection and inquiries, the result of which is summed up in his report received by the Administrator on 7th June. On the Dulolo

and l:pper Edie and on his return to lVIorobe he received further applications for leases on the Upper Edie, and his inspection was such that he was able to report on all these applications, which came to -be known as the" twenty-one leases."

46. In their mmnorandum of 3rd May, 1926, the n1iners requested an inquiry on the grounds inter alia, that the time allowed for lodging objections was too short; that the ground applied for was workable by box and dish as alluvial and therefore should be exempt from lease; and that the term "dredging and sluicing" was falsely applied, as neither of these methods was

applicable to the area applied for. In his report l\fr. Oakley states, ·inter alia, that the complaint that the location of the field and the distance from Morobe renders action in respect of obj ections impossible is true in fact; that admittedly small creeks and gullies on the Upper Edie were workable by box and dish but that the method adopted is by box sluicing, and that this method

has always been carried out throughout the field since 1923; that leases on the Kuranga and Nami and Bulolo, particularly Levien's, have been worked by box and ground sluicing ; that dredging and sluicing as a description is not falsely applied; that other applications covering staten1ent showing sin1ilar method of working have been accepted and approved by the

Administrator ; that dredging is possible but impracticable ; and that sluicing, i.e., ·ground sluicing by pu:m.ping the water from a neighbouring water way by means of a race or trench is done throughout the field, hence the statment is wrong. Mr. Oakley also st ated that the reports as to the richness of the field were exaggerated.

4 7. lVIr. Oakley obtained his opinions through inquiries fr om n1iners, and the results varied at times. Thus, ·on s·th July, in reporting on applications 1y F. hannon and F. ryke for dredging or sluicing leases on the ypper Edie, in whi c? " or "wa nam d a the m.ethod of

operation, he wrote :-· of operati_ons 1s r. und on Ed1e Creek

can be worked by simple slmcrng I.e. , box and dish. After m pe?tm the area I would recommend that irregular statements. In of method of workrnrr the

application void. Inaccurate and nnsleadJng statement s are t otally unnece ary, and The method of proposed of course . The term ' Dredging' implies

the use of machinery. This rn an oversight or a breach. The st atement , however, would

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not have reached the ·Administrator prior to 8th July, 1926. Mr. Oakley's inquiries disclosed his inexperience to the miners, and he was in a different position to Mr. Lukin, who never had to meet numbers of experienced miners who could not understand how large areas under application for leases came to be and reserved on alluvial land. ·

- 48. Suggestions were also made that Mr. Oakley was biased in favour of the applicants and that he had admitted that he had been bribed by them. The suggestion in each case depended on the evidence of a single witness, weak in itself and without corroboration, and in my opinion the explanations of Mr. Oakley were clear and satisfactory, and the records in his case also show that he performed his duties honestly and to the best of his ability.

CONSIDERATION OF BY THE ADMINISTRATOR.

49. The position therefore on 7th June, after the disposal of the objections lodged and the receipt of l\1r. Oakley's report, was that-(a) an abortive attempt to have objections considered before a Warden's Court had been made. These objections as lodged and explained by Mr. Madigan's ·

letter of 16th March (which alsorequested an inquiry) were not to the grant of any application whatever for a dredging or sluicing lease but to the grant of a. lea_:se or leases over such a total area as that app_lied for; (b) further letters and radiograms from Mr. Levien, or Mr. Costello for Mr. Levien,

to the Administrator or the Warden raised the contention that the ground as alluvial ground, was exempt from lease and asked for an inquiry under Regulation 21 (3) ; (c) a memorandum _ of 3rd May signed by 22 persons asked for an inspection and

inquiry, also under Regulation 21 (3), on the ground that djstance had prevented procedure under the regulations and that the signatories wished to show that the ground applied for was aEu vial and exempt from lease ; . · (d) it was true that Regulat:_on 21 (3) had been repealed, but the judgment of the

Central Court on appeal showed that no valid objection had been lodged at any time and that is was still open to the Administrator to order under Regu­ lation 22 an inquiry such as was asked; (e) it was also reasonable to suppose that Mr. Levien had raised the objections and

initiated the memorandum of 3rd May entirely in his own interests and not bona fide, but there were a number of other signatories to the memorandum which raised questions for determination independently of the personality of the objector, and two of the signatories other than Mr. Levien confirmed the request for an inquiry, still under the repealed regulation, by a radiograrn to the Secretary for Mines of 13th May stating they had visited the Upper Edie and found it sensationally rich and easily worked and being worked by the applicants by box and dish ; (j) the judgment of the Central Court on appeal showed that the .Acting ·Judge was

of opinion that the application made by Mr. Costello to the Warden for an adjournment was a reasonable request, although as Mr. Costello was not a competent objector the request could not be then entertained; (g) in his report received on 7th June Mr. Oakley confirmed the statement in the

n1emorandum that distances, times; &c., prevented proper procedure by objection before the Warden's Court, and discounted the statements as to the richness of the field.

50. The Administrator, however, was of opinion that an inquiry was not necessary, and on the determination of the appeal frorri ·the 'Varden's Court entered upon the consideration of the four applications. The Administrator stated in his evidence:--" When the applications were to be dealt with was really after the Central Court had settled the question of appeal. I had to deal with the applications on the facts that I knew at the time, and, of course, the recommendation of the \Varden. On these facts and considering that recommendation, I decided to grant the leases. I also t?ok into consideration this, the were entitled to

something more than the ordinary area that I would otherwise have given to them on account of their discovery. I could only have--otherwise than by granting them one

ordinary claim. That I conside:ed would have. quite dealing with the

discoverers . . . . I thulk that the provisiOn In the regulatwns did not apply as there was something in regard to distance." {LateT on the Administrator stated he thought the distance of the lTpper Edie from the nearest working on the Bulolo was from 12 to 15 miles). "There was no provision for anything more than five claims even as a reward, and I do not know

1 22 .

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whether that reward actually applies to alluvial ground-it may. At any rate the main consideration in that regard was that the prospectors were entitled not only to the pick of the grou.nd but to a very considerable area of the ground which they had discovered. The question of values, of course I did consider it to a certain extent, but the question of values did not determine my mind as to whether the prospectors should have a lease or not, or as to how much

they should have. It was more a question of area. I quite made up n1y mind that the

prospectors were entitled to a lease and that they were entitled to the pick of the ground, and I quite made up my mind that they were entitled to a very much larger area than a clairn, for instance, even· if the claim were 200 feet by 100 feet. The question of how much ground they should get was one which brought in the question of values, and that was the onlv circumstance

that brought in· that question of values. ·Then from what I knew or from what VI could gather of the values----it was a difficult thing to gather --I still had every reason to put perfect faith in the report of "\Varden Lukin, and fron1 what I could gather from his report and from what I gathered otherwise myself I came to the conclusion that what I granted was a fair thino· to

grant to the prospectors at the time. I reduced their app]ication in the proportion of 810 to 337, that is to rather less t},lan half." When it was pointed out that lVIr. W. G. Royal and Mr. Glasson, the actual discoverers, had been granted much less than Messrs. A. A. Royal and Chisholm, who were subsidiary as it were, the Administrator said :--"The reason for that was that I regarded

the whole of the four leases as one group. There was one group of prospectors and it really would not have mattered. if Mr. W. G. Royal had applied for the whole area in one lease, the result would have been the same." It should be mentioned here that after the discovery and before the middle of September, 21 further applications for dredging and sluicing leases over

a total area of about 100 acres pegged on the ·upper Edie (referred to as "the 21 leases") had been lodged and all these applications were refused by the Administrator in November, as he was of opinion that the area applied for could be profitably worked by claim holders, and that the applicants were not entitled to a lease as a reward. In reference to these applications and refusals the Admiriistrator stated:- - " In the case of the 21 leases there was no question of

dealing with prospectors, so we had to cut out any consideration or factor of a reward for finding. All I had to consider was whether or not the ground was ground that should be leased or left open for mining and claiming. Then I tried to find out all I could with regard to values and as you know we tried to send Mr. Hunt, Mr. Chinnery, and so on, and they failed. I received

Oakley's r.eport, and while I was considering it I was swithering on the matter, and Mr. Chauncey happened to come down. I questioned him as to what he .had seen, and he was able to confirm the opinion I had pretty arrived at that the ground of the 21 leases was such as should be reserved for claims, and it was really on his final information that I threw out the leases. But the situation had quite changed from the situation when the four leases were grantecl. The Royal party had determined really the value of the ground to a 1nuch greater extent than had

previously been the case by actual work." 51. It is difficult to see consistency in the decisions unless it is remembered that the Administrator, when taking the four applications into consideration, would have-(a) hi& own knowledge of the settled policy of granting dredging or sluicing leases

generally over alluvial land deemed to be more suitable for leasing on account of poor values or wetness or difficulty of working, but sometimes over alluvial land suitable for working as claims ; (b) his own belief that box or ground sluicing was a proper method of working under

Section 37 and the knowledge that such a method had hitherto been allowed and aecepted without objection ; (c) the recommendation by the Warden of the applications; (d) the objections lodged by Mr. Madigan and explained in his letter of 16th March in

which it was admitted that the discoverers were entitled to an adequate reward; (e) radiograms and letters from Levien or Costello containing objections which are summed up in the memorandum of 3rd May, 1926; (f) the Warden's notes of the hearing of the objections lodged ; . (g) the Warden's confidential report on the hearing and the objectors and the

applicants ; . . , , ..

(h) the judginents of the actmg JUdge on the appeals from the Wardens deCisiOns on the objections; (i) the belief, although mistaken, that Warden Lukin had inspected the Upper Edie, and the statement of Warden Lukin, supported by Warden Oakley's report,

that the Upper Edie would probably, like the Bulolo, be found to be patchy and over-estimated in richness and extent; (j) the requests from Costello and the ignatories of the memorandum of 3rd May for . an inquiry ;

14

(k) Acting Warden Oakley's report on the Upper Edie and on the statements in memorandum of .3rd May ; and (l) the belief that the objections and memorandum emanated from Levien for his own purposes.

52. In such circumstances the Administrator's evidence must be taken to mean that he had as to his discretion to grant dredging. or sluicing leases over the land applied for notwithstanding the arguments to the contrary, and, In the case of the four applicants, he thought fit to grant leases. It then became a question as to what area should be granted. The land was alluvial and suitable for working as claims, and already claim holders were at work on

adjacent land and rnore claiin workers could be expected. So far as a reward to the applicants, treated as a group of was concerned Regulation 8 (a) made provision for an area ·of about one-sixth of an acre, but he considered such an area quite inadequate under the circumstances. He was not however bound by ·such a provision, and as the statements with respect to the richness of the land were discounted by his officers, and richness or otherwise could not be determined until the ground. had actually been worked, and the expenditure of the group in energy and money had been very great, he decided that a total area of 33£ acres would be a

fair area to grant under all the circumstances. This was a reduction by more than half of the total area applied for and, to that extent, could be considered a concession to objections .that the area applied for was excessive.

53 .. The Administrator should not therefore be as might at first appear, as granting leases wh10h could not qr should not be granted, and dOing so for the purpose of getting round the restrictive provisions of Regulation 8 (a), but as granting leases that could always, but ofrdinarily would not, be granted, and doing so in this exceptional case of applications by a group

to discoverers. In this view the refusal of the 21 applications becomes reconciled with the grant of the four applications. The real issue is really confused by a reference to a reward. The Administrator either had a discretion, irrespective of whether the applicants were discoverers or not, to grant or refuse leases over the land applied for, or he had not. If he had, the provisions

of Regulation 8 (a) were beside the question. The applicant, if a discoverer, could without reference to the Administrator peg out and work five claims, or he could disregard the provisions of Regulation 8 (a) and become an ordinary applicant for a lease under Section 37 entitled to the exercise of the wide discretion of the Administrator with respect to his application. As 'previously mentioned, .no discoverer aware of the practice under Section 37 would be likely to peg out about

a_ nacre as claims he get up to 240 acres of the same ground under lease.

54. If the area granted, although granted under the wide provisions of Section 37, however, actually granted on the basis of a reward to a single discoverer, a grant of 33! to a single discoverer seems excessive, and when compared with the area thought reasonable, however rich the ground, when Regulation 8 (a) was made, is clearly excessive. It seemsto me also that the only persons entitled to consideration as actual discoverers were Messrs. W. G. Royal and Glasson, and that, although the other two applicants rendered services, which were necessary and more than ordinary, these services were not such as to entitle them to rank as discoverers, and a total area considerably less than an area equal to about 17 acres each to Mr. W. G. Royal and Mr. Glasson would still have been a generous recognition of the efforts and expenditure of the six members of the party.

QUESTIONS (2), (3) AND (4).

55. On the foregoing summary, compressed as much as possible from a great deal of evidence, questions .(2), (3) and (4), can now be dealt with, but the answers must vary with the view taken of the intention of Section 37. On the view that on the whole Ordinance it was not intended to confer a discretion under Section 37 . to grant dredging or sluicing leases over alluvial land such as the land comprised in the four leases, the answers to all these questions would be in the negative. As to questions (2) and (3), it was assumed by Mr. Lukin that land for was like the Bulolo lands and that there was no reason why the usual practice of granting dredging or sluicing leases over such lands to be worked by box or ground sluicing should not be followed. There was nothing in Mr. Oakley's report, which did deal with the nature of the ground, to alter this assumption, which was accepted by the Administrator and ran with his own opinion so far as the practice was concerned. The result was that the question of the suitability of the land for working as claims in contra­ distinction to its suitability for working by dredging or sluicing methods were never taken into consideration and the representations of those opposing the applications were put aside as raising matters which had been settled and did not arise for consideration. And as to question (4) an

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exercise o£ a discretion which it was not ' intended should be exercised could not be considered reasonable or ju<}icious. On the other hand, on the view that under Section 37· a discretion to grant dredging or sluicing leases over such lands to be worked in the same way as claims, or by any method not prohibited by the Administrator, was conferred, or that it was not unreasonable on 8th July, 1926, to suppose that such a discretion had been conferred, the answers to all these

questions·would be in the affi:rmative. It was not necessary for the Administrator or his officers to take any particular steps to satisfy themselves as to the nature of the ground or its suitability for this or that purpose. Representations that the ground was alluvial were accepted, and confirmed by Mr. Oakley, and contentions that dredging or sluicing leases could not or should ·

not be granted over such land could be passed over as ill-founded or a matter for the Administrator. The mere fact that the land applied for was Crown land was sufficient to made the application a matter entirely within the Administrator's discretion to grant a dredging or sluicing lease over all or as much or as little of the area applied for as he thought fit. And a discretion so exercised be taken have been reasonably and judiciously exercised.

56. And as to question ( 4) there are further considerations arising on the evidence, and emphasized by.Counsel for the Administrator and for the lessees, which are undoubtedly relevant and important. These may be summarized shortly as follows:-(a) the distance from the coast and the height and climate of Upper Edie, and the

dangers, difficulties, and expense of access to, and life and work upon·the field; (b) the paramount duty of the Administration to promote the moral and Inaterial welfare of the natives; ·

(c) a gold rush means the arrival in large numbers of men unacquainted with the conditions of the Territory and una:ccustomed to the control of the necessary native labourers, and, in their desire to be first on the field, likely to forget or disregard the ordinary care necessary for themselves and their native

labourers; -

(d) the demand for native labourers would be heavy, and recruited natives would largely include coastal, or saltwater, natives unaccustomed to the damp climate, the cold of the heights, or to the unusual exertion of getting there with a heavy pack, and therefore extra provision for such natives is necessary; (e) the native unless watched and controlled is apt to be careless of himself and

regardless of sanitary requirements, and there is always the menace of an outbreak of dysentery and other diseases with a heavy toll of life and health among large numbers massed together under primitive conditions; (f} an extra strain is placed on the Administration, concerned at all times with other

problems under other Ordinances in other parts of a scattered Territory, and requiring in case of a rush extra and specially trained officers always difficult to obtain or replace and more difficult to obtain and retain when rumours of a rich gold strike are current; (g) the difficulties are lessened by the grants of leases for larger areas than claims.

Lessees with larger areas and fixed tenure are likely to have more capital and to be better able and more inclined than the migratory miner to give attention to the native labourers and provide good food and shelter. Being few in number under recorded covenants they can be more easily supervised

and controlled by fewer officers. Lessees should therefore be preferred to claim holders. This may be opposed to the general policy of utilizing the gold bearing lands of the Crown to attract settlement, but permanent settlement is not at all likely on the Upper Edie or any part of that country cut off from

the coast, as it by a jungle of densely wooded mountains, spurs and ravines; and (h) the lot of the prospector in that district is a hard one, and if his efforts and expenditure result in a discovery he should receive grea ter consideration than

ordinary applicants (even though entitled to leases) who are merely reaping · the result of his labours.

57. On all the above considerations I am of opinion tbat it. was not unreasonable for the Administrator and his officers to hold the view of the Ordinance whj ch they did hold and act upon, although apparently more from expediency than from any s.trict consideration of the Ordinance and Regulations, and that the to (2) and (3) should be

that sufficient steps were taken and suffi.CI.ent care and dili gence exercised: for the purposes of the applications, and that the answer to questwn ( 4) should be 1n the affirmative.

16

QUESTION (5)-PROVlSION FOR ADMINISTRATION. 58. with question ( 5) and firstly with the provision for the administration of the Upper Edie locality, the facts can be shortly stated. Mr Oakley had returned from his visit to and Upper about the end of May, 1926, Morobe, whe!·e he carried on as Acting

District Officer and Acting Warden. The numbers of miners and native labourers respectively on the Bulolo and Upper E?ie had not increased to in May, June and July, 1926,

and were about 40 and 410 In August. About the begn1ning of August the Administrator took steps to provide for the anticipated rush in September. It was arranged that Mr. Cardew, the Commissioner for Native Affairs, who had had experience in magisterial duties and mining in Papua, should go to Salamoa to open a station there and organize a base for the field, and that Mr. Chinnery, Government Anthropologist, who also had had experience in n1ining in Papua, should go to the field temporarily as Acting V\T arden. An · area including Salamoa and the field was declared an uncontrolled area under the Uncontrolled Areas Ordinance, and at the end of August Mr. as Deputy Administrator for the purposes of the Uncontrolled Areas Ordinance and Acting District Officer, left Rabaul with Dr. Cilento, Mr. Chauncey and others; called at Morobe ; left an official in charge of the l\Iorobe station with six native . police ;

and took Mr. Oakley and others on to Salamea. where he cleaned up the place and established a · station. Meanwhile illness had prevented Mr. Chinnery from leaving Rabaul, and Mr. Oakley­ who seems to have been tacitly superseded as Acting District Officer and Acting Warden-was sent by 1\ir. Cardew to the Upper Edie to make a complete census and list of natives on the field and return by the Buangs Road. Mr. Chinnery was expected at any time and Mr. Cardew did not think Mr. Oakley's experience in mining was sufficient to enable him to be a competent Warden. In .September the new District Officer, Mr. Skeate, ·arrived and Mr. Cardew was directed by the Administrator to go to the field as Acting Warden, but the state of his health prevented him from leaving Salamoa, and he subsequently returned to Rabaul. Mr Oakley was thus left to cope with the difficulties on the field, and remained the!e without any definite appointment as Acting Warden but acting. in that capacity until Mr. Chinnery should arrive. Mr. ·Chinnery's illness continued, and Mr. Oakley remained on the field until early in November, when he was succeeded by Mr. Grose, who acted as Warden until the arrival of Mr. McLean about 1st January, 1927.

59. In September the numbers of miners and natives respectively increased to 90 and 540, and in October to 158 and 790, and in November to 219 and 1,324. New arrivals in and after September included miners from Australia and Papua who found, not only the area held under the four leases, but a further 100 acres pegged under the 21 applications for leases.

60. The leases been surveyed by Mr. Chauncey at the end of July. Mr. Levien, then in Rabaul, saw at the end of Ju]y the minute of the Administrator's approval of the four applications. Mr. Ijevien informed Mr. Costello by letter and went south. Mr. knew before he left Rabaul of the approval, and yet Mr. Oakley never seems to have been definitely informed of the approval, and as late as 24th October, when he announced on the that the 21 applications had been refused, he said he had no news about the four applications. Apparently some point was made by some of the miners that an approval of applications was not a grant of leases, and Mr. Oakley had to bear the brunt of complaints, demands for an inquiry, and threats of illegal action partially carried out, which his inexperience and want of information caused him to evade on occasion by pleading want of authority. Hence arose the complaint of the miners that there was no representative of the Administration on the field to administer the mining laws and deal with their complaints of infraction of the mining laws and requests for an inquiry, and ille1.1al action was taken by some n1iners on occasions, but always, in my opinion- as the and members of the .Miners' Association stated in evidence-for the purpose of forcing

attention t') what they believed to be well-founded complaints.

61. In November Mr. Grose relieved Mr. Oakley. and definitely announced the grant of the four leases and although inexperienced in mining administration and mining also dealt firmly and promptly with all and especially, on an for an i!ljunction, the

question of box or ground sluiCing as a proper method of working. The miners when satisfied .. that they had exhausted appeals to the Administration then appealed to the Minister.

62. On this part of question (5), the answer should be, in my opinion, that there was no -lack of attempt to provide adequate administration on and in connexion with the field, but the shortage of competent or officers, further accentuated b.Y leave, and. death,

prevented the intended establishment of a competent officer on the field from out for some months prior to November, 1926.

1 22

17

QUESTION (5)-MEDICAL PROVISION.

· . 6?. Secondly, with respect to.the provision made for the medica] requirements of Europeans and natives, the question can be answered without going into detail by stating that it was not · only complete and efficient but · exceptionally so in view of the difficulties of such provision in­ the Territory. The Adn1inistration was fortunate in having the services as Director of Public

Health . of and ability_ added to a wide knowledge of,

and experience In, tropical . conditiOns and diseases enabled h1m to foresee the ailn1ents and diseases likely to be expected on a rush, the necessity for specially trained men and for further accommodation and material, and to provide against these beforehand.

· 64. The expecteP, outbreak of dysentery occurred, and it is sufficient to call attention to the statistics prepared by Dr. Cilento in Exhibit 124 to show the result of efficient preparation and capable handling.

·65. 'rhrough unexpected and unavoidable delay at Kavieng, Mr. Lambert was not able to commence work in the District of Morobe as sooit' as was arranged, . and consequently the burden of nursing many European and native patients fell for a time on Mrs. Booth at her home on the Bulolo. Her previous · training as a nurse, her experience of the Territory, and her capability and sympathy enabled her to render invaluable service, and she undoubtedly saved many lives. The Department of Public . Health rendered her such assistance as was possible

at the time and not long afterwards a hospital was established at the Wau with Mr. Lambert in charge and a Medical Assistant, Mr. Vigor, was stationed on. the Upper Edie, and the whole care of the sick was undertaken by the Department of Public Health.

66. The demand for native carriers prevented Dr. Dickson (the Superintendent of the hospital at Salamoa) for some weeks from getting "lines" in order to send medical requirements to Mr. Lambert on the Wau, and Mr. Lambert consequently ran short of -some requirements. He was, however, able to borrow what was required from miners who had supplies and who were always willing to lend, and no suffering by patients that might otherwise have been avoided resulted from the shortage.

67. Reference may be made to the evidence of Dr. Cilento, Dr. Dickson and Mr. Lambert on this part of question (5), and the evidence which was given by the witnesses led me to the conclusion that there was good ground for the claim by Dr. Cilento that the difficulties had been accurately . foreseen, thoroughly prepared for, and capably dealt with. It should be mentioned also that Mr. Simpson, of Counsel; stated at the outset that the question of requirements had not been raised by the miners when requesting an inquiry. Very few wit.nesses complained

of absence of medical provision and generally the evidence of the miners tended to show prompt and capable medical attention whenever required.

COSTS OF WITNESSES.

68. The Miners' Association and the members thereof who gave evidence and the lessees waived any claim for witnesses' expenses that might have been made, but expenses were claimed by Messrs. Madigan, Boyd, Livingstone, Bretag, Wilson and Costello. All but Mr. Boyd, who stated he was unexpectedly called on to give evidence, were necessary witnesses. Mr: Madigan

was necessarily delayed at Rabaul for fifteen days. Messrs. Boyd and Bretag were In Rabaul for other purposes and are each en!itled to. one day's attendance onl:r. Messrs. Livingstone, Wilson and Costello came from the Upper Ed1e or B-q.lolo to Salamoa, a JOUrney of five days and remained in attendance at Salamoa for eight days, but Mr. Livingstone's attendance was useful

for the ordinary purposes of the and I think his allowance should be reduced half.

Some claims were based on compensatiOn, but I see no reason why the allowances for witnesses .under the Rules of the Central Court of the Territory should be exceeded. Travelling expenses are difficult to estimate, but I think an allowance of days occupied in travellillg as days of attendance will be reasonable. I therefore certify, as required by Section 8 (2) of the Royal

Commissions Act 1902-1912 that. the ·allowances payable to witnesses should be :-

816.-2

Mr. Madigan Mr. Boyd Mr. Bretag . . . . · ·

Mr. Livingstone (9 days at 2ls. per day) Mr. Wilson (18 days at 15s. per day) Mr. Costello (18 days at 15s. per day)

£ s. d.

15 15 0

I I 0

0 I5 0

9 9 0

13 10 0

13 10 0

18

CONCLUSION.

69: In conclusion I would like to express my appreciation of the courtesy and assistance extended by the .Administrator and his officers ; the assistance of Counsel in making provision for the attendance of witnesses and in their exhaustive and lucid summaries of the considerations applicable from the different points of view; the excellent record of the evidence taken by the shorthand writer, Mr. A. McK. Nicol, under many difficulties; and, lastly, the constant and thoroughly efficient ·performance in unusual surroundings by Mr. William Taylor of his duties as Secretary and of other unexpected services that became necessary .

Brisbane, Queensland. 30th August, 1927.

•

. I have the honour to be,

Your Excellency's most obedient servant,

PETER B. MACGREGOR, Roya] CommissionPr.

No. Date.

} 11th February, 1924 *74 1st August, 1925 ..

lOth December, 1926 69 68 *135

25 125 *134 15th October, 1925

*133 30th 1926

55 67

*16 156 2nd Fe"'bruary, 1927 157 1th ·Fehrnary, 1927 95

49 November--:-December, 1926 96 27th October, 1924 108 124 *17

148 88 8th July, 1924

81 1st August, 1924 93 1st August, 1924 72 29th January, 1926 *71 2nd February, 1926

*72 2nd Feb_ ruary, 1926 . .

34 9th February, 1926 ..

33 15th February, 1926 .. 82 19th February, 1926 .. 1 19th February, 1926 . .

83 27th February, 1926 .. 75 27th February, 1926 ..

56 15th March, 1926

'92 15th February, 1926 ]A 16th March, 1926 77 March,

142 17th March, 1926 78 19th March, 1926 87 20th March, 1926

84 21st March, 1926

2 21st March, 1926 5 26th March, 1926

79 27th March, 1926

80 29th March, 1926

94 31st March, 1926

6 31st March, 1926 66 1st April, 1926 86 2nd April, 1926 64 April, 1926

136 7th April, ] 926

19

SU:t\IMARY OF EXHIBITS.

Subject.

Power of attorney, A. A. Royal to vV. G. Royal Power of attorney, A. F. Chisholm toW. G. Royal Power of attorney, A. F. Chisholm toW. G. Royal Map_ of District of Morobe

Sketch plan of Bulolo Goldfield Geological map of area between Bulolo and Markham Rivers Photographs taken on Edie Creek Diagram of the four leases

1

Letter Acting Warden to Secretary for Mines, forwarding application by W. G. Royal on behalf of A. A. Royal for dredging or sluicing lease accompanied by power of attorney Warden's file re 21 applications, including radio from Administrator to E. Vv.

Oakley, Bulolo (copy of which was retained) Copy of Gold R eturn for Moro be District List of Dredging or Sluicing Leases granted during 'period 1st February, 1923, to 8th April, 1927

Minute Book of Morobe District Miners' Association Summary of miners' complaints prepared by Horne and Territories Department Administrator's reply f'.eriatim t o Extrr1ct 156 \Vit h comments Return of population on Bulolo and Edie Creek

Dr. Dickson's reports on patrols

Copy of Standing Orders to Offi cers of Department of Public Health List of natives who died in Morobe District Dr. Cilento's comparison of de aths in Lakekamu and Morobe Book of forms " Permit to Enter Uncontrolled Area."

Table of movements of stafT from Jar1uary, 1926, onwards Letter C. J. Levien to Warden Lukin re advisability of gra.nting leases Report S.7 8, J. H. Lukin to Secretary for Mines Map of Gadagadu-road, compiled by J. H. Lukin

Authority to act as agent, R. M. Glasson toW. G. Royal A ppliration by W. G. Royal on behalf of A. F. Chisholm for Dredging or Sluieing

4pphcations by W. G. Royal for Dredging or Sluicing Lease on hi s own hehalf, and on behalf of R . M. Glasson and A. A. Royal Copy of letter H. Sloane to H . Wilson (original returned to witness) Butt of cheque drawn by J. H. Wilson in fa-vour of Mines Department, Rahaul Letter C. J. Levien to Warden re richness of fi eld

Copy of E xtra,ct 82 (previous entry) Letter C. J. Levien to Warden, further regarding richness of field Copy of letter '\Varden Luh.-in to Secret ary for Mines enclosing applications for leases (original returned to witness)

Copy of P. E. Madigan to Secret ary for Mines enclosing obj ections (original . returned to witness) Copy of letter Warden to Chas. Booth reapplications for ground on Edie Creek. Letter P . E. Madigan to Secretary for Mines re objections

Radio from Secretary for Mines (dat ed 16th March, 1926) to Warden and copy of reply (dated 17th March, 1926), stating no ob jections received Original of reply in Extract 77 (previous entry) Radio Secretary for Mines to Warden givi ng notice of Madigan's obj ections Memorandum 'Varden to W. G. Royal forwarding copy of Extract 78 (previous

entry) Letter Warden to C. J. Levien, acknowledging of two letters written in February C. J. Levien's copy 6f E xtract 84 (previous entry)

Radio H. Costello to Administrat or asking fo r inquiry and inspection of field befor e granting leases ·

Radio Lands Department to District Officer , Mo robe, uggesting date for holding of Court Radio Warden to L ands Department reque ting further particular regarding objections

St atutory Declaration by J . H. H unt of s rvic of notice on P. E . 1:adig n a objector Radio Home and Territories Depar m n t · · trat r quotin Extract

Radio Madi gan to LeVien ?'e mo em nt f Fran?, Lin Letter W. G. Royal oW rden aclrno' le r eip of no ti ere h ldi.ng of ur

R adio Ward en to Lands Deaprtmen , t tincr 1 th April fixe for' h 1 · 11 of ourt Radio Administrator to Ho me and 'I errit ries Department re Extract 6

No. Date.

1)5 7th April, 1926 7 15th April, 1926 85 16th April; 1926 37 19th April, 1926 86A 20th April, 1926 137 26th April, 1926

57 30th April, 1926

138 30th April, 1926 4 3rd May, 1926 139 6th May, 1926

36 6th May, 1926 llO 6th May, 1926 9 8th May, 1926 89 lOth May, 1926

81 lOth May, 1926 90 lOth May, • 10 12th May, 1926

11 11th May, 1926 109 13th May, 1926

140 13th May, 1926

141 13th May, 1926 8 13th May, 1925

*60 15th May, 1926 *5>- 15th May, 1926 *61 21st May, 1926 *61 21st May, 1926 *59 21st May, 1926

35 26th May, 1926 111 2nd June, 1926 61A 5th June, 1!326 126 June, 19.26

91 lOth June, 1926

25A 28th June, 1926

147 2nd July, 1926

73 5th July, 1926

70 21st J11ly, 1926

143 (1) 22nd July, 1926

3 26th July, 1926 143 (2) 28th July, 1926

28 About 2n

144 4th August, 1 926

62 5th August, 1926

145 6th August, 1926 160 14th August, 1926

113 18th August, 1926 112 18th August, 1926

27 20th _August, 1926

42 1st September, 1926

132 9th Septeqtl;ler, 1926

SuMMARY OF ExmBITs-continued.

Subject.

R:tdio Madigan to Levien re date of inquiry Radio Costello to Administrator requesting inquiry and inspection be expeclited Letter C. J. Levien to Warden requesting adjournment of Court Copy of notes on hearing in Warden's Court Letter W. G. Royal to Warden complaining of illegal action by miners Letter H. Costello to Administrator re inadequate notice eoncerning holcling of

Warden's Court '

Letter P. E. Madigan to Government Secretary asking for copy of notes, &c., as Costello intends to appeal against the Warden's decision ' Copy of Extract 57 (previous entry) Petition by Miners to Administrator requesting inquiry and inspection Letter J. H. Lukin to Government Secretary re Madigan's letter of 30th April, 1926

(Extract 57) ·

Two letters E. W. Oakley to H. Costello reapplication for registration of claim Letter E. W. Oakley to H. Baum reapplication for registration of claims Radio " Costello for Miners "to Administrator requesting inquiry and inspection Copy of letter Government Secretary to J. H. Lukin, requesting report on Extract 9 Confidential report to Administrator by J. H. Lukin re applications Letter J. H. Lukin to Government Secretary in reply to Extract 89 Radio " Costello for Miners " to Administrator notifying despatch of petition Radio Administrator to Costello stating Section quoted in Extract 10 is repealed Radio Oakley to Government Secretary giving precis of petition (Extract 4), and

requesting early notification of decision re the four applications Radio Deputy Administrator to Home and Territories Department re dismissal of . .

Radio Mateer arh'l Hoile to Mines Dep:ntment requesting inquiry, and reply Radio Home and Territories Department to Administrator re Costello's further request that inquiry be expedited . Notice of application for order nisi, H. Costello Notice of application for order nisi, P . E. Madigan Notice of motion to set aside order nisi in Costello's case Notice of motion to set aside order nisi in Costello's case Notice of motion to set aside order nisi in Madigan's case Receipt for transfer fees Sloane to Wilson Report by E. W. Oakley to Government Secretary giving precis of report on patrol

Judgment of Acting Judge Philllps on Costello's appeal Radio E. W. Oakley to Government Secretary re Levien's application for three months' exemption in respect of K aili No. 7 Letter C. J. Levien to E. W. Oakley, requesting permission to enable Costello to

work native labour on Levien's property Letter J. H. Wilson to Administrator enclosing copy of stated to have been forwarded previously Radio Administrator to Home and Territories Department discounting statements

1·e extreme richness of field

Memorandum Mines Department to Administer forwarding the four applications as requested by the Administrator Letter by Mines Department to each of the four applicants showing Administrator's decision · ·

Radio Home and Territories Department to Administrator asking whether intended make investigation Letter C. J. Levien to Secretary for asking position re the four applications. Radio Adp1inistrator to Home and Territories Department in reply to Extract

143 (1) Letter J. H. Wilson to E. W. Oakley resurvey of the four leases Letter J. H. Wilson to E. W. Oakley requesting ruling re piece of gro1md pegged by the former Radio Administrator to Home and Territories Department, suggesting steps be

taken to deprecate booming of field Letter P . E. Madigan to Administrator asking to re-consider decision re the four applications Radio Administrator to Home and Territories Department re impencling rush t.o field Letter Secretary for Mines to Crown Law Officer requesting advice on points set

out in P. E. Madigan's letter (Extract 62)' Radio Government Secretary to District Officer, Morobe, re disposition of officers Radio E. W. Oakley to Government S_ ecretary requesting information re arrival of Warden Letter E . W. Oakley to J. H. Wilson stating that questions raised by him (Extracts

26 and 28}, will shortly be dealt with on arrival of Acting Warden Copy of notice by Dr. Dickson at Salamoa as "General Notice to all Intencling Minerf'." Radio H. C. Cardew to Administrator re necessity for despatching reliable man to

the field ' rrt11n1ed to wttne!!ll.

No . Date.

*17 9th September, 1926 149 15th September, 1926

115 16th September, 1926

150 18th September, 1926

18 20th September, 1926

114 20th September, 1926 151 22nd September, 1926

41 23rd September, 1926 43 25th September, 1926 127 23rd September, 1926

46 27th and 28th Septem-ber,' 1926 116 21st September, 1926

44 28th September, 1926 52 2nd October, 1926

45 4th October, 1926 120 5th October, Hl26

19 6th Oetober, 1926 117 lOth October, 1926 47 11th June, 1926 128 9th October, 1926

63 13th October, 1926

129 13th October, 1926

118 14th October, 1926 130 15th October, 1926

134 15th October, 1926 153 16th October, 1926

121 16th October, 1926

131 16th October, 1926

119 18th October, 1926

154 18th October, 1926

105 21st October, 1926

48 16th October, 1926 155 26th October, 1926

20 27th October, 1926

162 28th October, 1926

122 3rd November, 1926

13 5th November, 1926

12 5th November, 1926 29 8th No vember, 1926 161 9th November, 1926 23 11th November, 1926

24 11th November, 1926 35 12th November, 1926 14 18th No vember, 1926

0 •

1 23

21

SuMMARY OF ExmBITs-continued.

Subject.

Permit issued to H. T. Allan Railio Administrator' to Home and Territories recommeniling amendment of Mining Ordinance Letter, E . W. Oakley to H. C. Cardew, re formation of and representations bv Miners'

· Association "

Radio, Home and Territorirs Department t o Administrator asking why amend­ ment of Mining Ordinance required (vide E xhibit 149) Letter, President of Miners' Association t o E. W. Oakley, sett.ing out diffic ulties and complaints Typed copy of Exhibit 18 (previous entry)

Railio, Administrator t o Home and Territories Department stating suggest ed amendment would make policy clear (vide E xhibit 150) Radio, Dr. Dickson to Dr. Cilento reconditions and action t aken Further radio , Dr. Dickson t o Dr. Cilento report in g satisfactory progress. Radio, H . C. Cardew to Administrator re representations made t o Oakley by

Miners' Association Proposed regulations in relation t o public health

Memo ., E. W. Oakley to H. C. Cardew, for despatch to Administrator, re attitude of miners ·

Radio, Dr. Cilento to Dr. Dickson re precaut ionary measures to be taken Radio, Administrat or to Home and Territories Department re represe ntations by Mr. Madigan Letter, Dr. Cilento to Dr. Dickeon, advismg in reply t o letters from lattci' · Radio, Government Secretary to E. W. Oakley notifying refusal of the 21 applica-

tions Letter E. W . ..Oakl ev to President of Miners' Association Letter, E. W. Oakley to Administrator re position on field, interviews , &c . Report by Dr. Dick ::;on t o Dr. Cilento re health conditions

R.adio of 5th October, 1926 (Exhibit 120) forwarded through H. C. Carde w for E. W. Oakley and received by the form er while on t he s.s. Leiter, Government Secretary toP. E. Madigan advising not intended alter decision re leases already approved

Radio, H. C. Cardew to operator, Morobe, repeating Exhibit 128, re refusal of t he 21 applications, for despat ch to E. W. Oakley Memo., E. W. Oakley to Administrator reporting position on field R adio, H . C.· Cardew to operator, Morobe, requ e8ting explanation of cause of

delay in informat ion regarding despat ch of Exhibit 129 t o E. W. Oakley • Letter, J. H . Lukin to Mines Department re A. A. Royal's po wer of attorney Memo., Administrator to Home and Territories Department giving history of action re Morobe Goldfields Memo., Operator, Morobe, to E . W. Oakley, embodying radio re refusal of the 21

applications Radio operator, Morobe, to H. C. Cardew, stating ra

on Royal and party's ground R adio, Home and Territories Departme nt to Administrator requesting informa­ tion re leases H . C. Cardew to Dr. Cilento re physical fitness of boys signed on for mining and

carrying R adio , Dr. Di ckson to Dr. Cilento advising int ended leave for Bulolo R adio, Administrator t o Home and Territories Department replying m part t o E xhibit 154 Letter, E . W. Oakley to President of Miners' Association, set ting out offer by W.

G. and A . A. R oy al requesting miners defer proposed action (vide Exhibit 11 9) R a.ilio, E. W. Oakley t o Administrator notifying t hat miners had jumped Edie Syndicate's ground Railio, E. W. Oakley to Administrat or detailing action of miners as referred to m

E xhibit 162 (previous entry) Radio, H. T. Allan to Home and Territories Department setting out miners' . grievances R adio, H . T. Allan to Prime Minister (in London) setting out miners' grievances

J . H. Wilson's application for forfeiture Letter, Secretary for Lands t o Crown Law Officer asking advice on point of minin g law Letter, Secretary for Lands to 0 . J . Hertz notifying refu sal of his application for one of the 21 leases Similar notifica tion to F . H. E verJtl!

R eceipt to J. H. Wilson for arrears of rent Railio, Act ing Prime Minister to Miners' Association acknowledging representations from Associatio n and st ating all steps will be t aken t o adj ust any legitimate grievances

• Exhibit returned to w!tneso,

No.

15 21

100 ' 97 ,

102

50

l59

51

98

76 54 158

99

103

159 38

30 31 53 32

22

52 106 101 104 107 '

123 39 40 i59

Date.

November, 1926 November, 1926

6th December, 1926 .. lOth December, 1926

11th December, 1926

14th December, 1926

17th December, 1926

December, 1926

22nd December, 1926

24th December, 1926 28th December, 1926

29th December, 1926

3rd 1927

6th January, 1927 11th January, 1927

12th January, 1927 23rd January, 1927 3lst'January, 1927 ? February, 1927

9th February, 1927

lOth February, 1927 13th February, 1927 17th March, 1927 17th March, 1927 . February and March,

1927 25th February, 1927 2nd March, 1927 .lOth March: 1927

2nd June, 1927

22

SuMMARY OF ..

Subject.

Further radio, Miners' Association to Prime Minister Copy of Notice exhibited on Notice Board at Warden's Office, Edie Creek, warning public of consequences of illegal action ·

Radio, Dr. Cilento to Dr. Dickson instructing him to proceed to ·Edie Creek Radio, Government Secretary to Dr. Cilento requesting him instruct Mr. Lambert to m:ove from W au to Edie' Creek Letter, Dr. Dickson to District Officer, Salamoa, asking when carriers will be

available Notice advising miners of difficulties brought about my synchronous departure of lines of carriers .

Memo., Grown Law Officer to Secretary for Lands regarding the meaning of the expression "hydraulic sluicing by gravitation." Letter, Dr. Dickson to Acting Warden, Edie Creek, giving reasons against removal of hospit.al from W au to Edie Creek Memo., Government Secretary to Dr. Cilento on question of removal of hospital

from W au to Edie _ Creek ·

Table re areas in the Royal party's leases · Letter, District Officer, Salamoa, to Dr. Dickson re provision of .carriers Report by Acting Warden Grose to Administrator explaining position and activities on the field since Mr. Grose's arrival Letter, Warden McLean to Dr. Dickson intimating he was advising retention of

hospital at W au Letter, Dr. Dickson to District Officer, Salamoa, re supply of carriers to bring in Mr. Grose who was ill on road, and reply thereto Radio, Warden McLean to Secretary for Lands re the meaning of hydraulic sluicing Radio, Secretary for Lands to Warden re lengths granted and surveyed between

pegs on the Royal party's leases Letter, J. H. Wilson to Warden further re piece of ground on Edie Creek Letter, Warden to J. H. Wilson in reply to Exhibit 30 Public notice posted on Edie Creek re beri beri Letter, J. H. Wilson to Warden acknowledging receipt of letter of 23rd January,

1927 (Exhibit 31) Letter, Warden to Miners' Association re proposed adjustment of boundaries of leases Public notice re over-loading of natives Letter, Dr. Cilento to Dr. Dickson re physique and burdens of natives Memo., Dr. Cilento to Government Secretary re medical staff Letter, Dr. Dickson to .District Officer re urgency of labour requirements Repo:r-ts and notices .by Mr. Vigor re _ health on field

Radio, Dr. Dickson to Dr. Cilento tendering resignation Radio, Secretary for Lands to Warden re proclamation of certain land Further radio, amending date quoted in Exhibit 3]_(previous entry) Letter, Administrator to Commissioner annexing opinions of Cro:wn Law Officer

and Warden re hydraulic sluicing by gravitation

By Authority: H. J. GREEN, Government Printer, Canberra.