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