| Letter
  re The Gadara Run  2
  June 1864 The Sydney Morning Herald  | 
| Sir,-I have read over your articles on
  the reservation from lease of the Gocup and Gadara
  runs, and will feel obliged by your allowing me to correct one or two
  mistakes which you have made, and also to make a few remarks on the subject
  myself, - first expressing my thanks for your having given publicity to a
  former letter of mine, with reference to these reservations, both in the
  Herald and in the Sydney Mail. You seem to write under the impression
  that both runs are owned by one individual; this is not the case - Gocup belongs to J. A. Broughton, and Gadara to R. K.
  Broughton. Again, with reference to Crain's free
  selection, you say, ''Mr. Broughton
  makes a special complaint that an improved clover paddock adjoining his
  purchased land has been selected by a neighbour, though his own application
  to purchase it was rejected.  But
  it would seem that his application was made under the pre-emptive right, and
  that right was extinguished by the proclamation of the reserve.  He
  had improvements on this lend, which he valued at £50, but that was not
  enough to protect a paddock of 160 acres, as according to the Act the
  improvements to give the owner a pre-emptive claim must be worth at least a
  pound an acre."
  No; the fact is, the paddock comprises under sixty
  acres, consisting of 400 rods of fencing, not square, and the surveyor who
  measured it off for Crain must have known this. I applied for 160 acres in the first
  instance, because under my pre-emptive right a less area could not be bought;
  but, subsequently, I applied in due form under the Land Act, as directed by
  the Government.  Thus, then, taking into consideration
  the value of the clover, I am entitled to the land under this clause pointed
  out by you. Independent of which I received a letter from the Acting Surveyor-General,
  dated 7th January, 1864, informing me "that the surveyor who measured Crain's land has valued the
  improvements erected upon it at £18, which will, of course, be no bar to
  selection. Should you desire to appeal to an appraiser in the matter, on your
  notifying your intention to me, immediate steps will be taken to carry out
  the appraisement." I wrote twice in reply to this letter,
  in February and March, pressing the settlement of the matter by appraisement,
  but have never received any answer.  I said "the surveyor does not
  appear to have taken into consideration the fact of the paddock being clovered to a considerable extent, and thus rendered
  doubly valuable." Why clovered
  land should not be regarded as improved land I cannot comprehend.  It would be thought monstrous to take
  a paddock under potatoes or corn, and yet four acres of well clovered land will turn in more cash in the year by
  fattening stock than twice that area will realise by growing grain upon it. I am also under the conviction that
  you err when you say, "having
  perused the evidence given before a select committee, we are bound to say
  that it does not prove that the Minister for Lands acted with any intentional
  unfairness or in an arbitrary manner." You admit a breach of his own Act: was not that arbitrary? and
  was it not unfair to do so for a special and partial purpose.  All I can say is that at a warmly
  contested election a pledge was demanded of and given by the Government
  candidate, who, from his peculiar connection and position, was supposed to be
  able to fulfil his promise, that these runs in question should be thrown open
  to selection, that the pledge then given was afterwards carried out, and
  through a gross violation of the law the choicest of the lands in question fell
  into the hands of the most active supporters of the Government candidate,
  while the public were looking forward to purchasing these very lands at
  auction.  Thus were his enemies punished and his
  friends rewarded, and, as you very justly remark, "the revenue defrauded." If Mr. Robertson was ignorant of Mr.
  Cowper's pledge, why did he violate his own bill to make good that pledge?  If there really was the pressing
  demand for land that the Government has stated that there was, how is it that
  the land remained month after month, when it was already surveyed, without
  being brought to the hammer?  Why was a petition acted upon without
  first giving those interested an opportunity of protesting against it, and of showing probably) that the land was unfit for
  the purposes set forth in the petition, or not required at all?  Had this been done an adjustment of
  clashing claims upon the Government would have followed as in the case of
  Watson and Real's run upon Adelong.  Here the legitimate wants of the
  petitioners were complied with and the leaseholders not ruined or
  unnecessarily injured.  Is the law of the land to be violated,
  the public gulled, "the revenue
  defrauded," private individuals sacrificed, to make good a member's
  return at a contested election, and yet the violators of the law, the
  perpetrators of this dark deed "done
  on the quiet," to be exempted from the blame of having acted with intentional
  unfairness or in an arbitrary manner ? With regard to the following
  paragraph- "Mr. Broughton's sufferings, however, do not seem to require
  much commiseration when he or some member of his family has enjoyed quiet possession
  of the run for more than twenty years." I would ask, does twenty years'
  possession justify the illegal withdrawal of my run from lease (I thought
  length of possession strengthened right instead of nullifying it); and why am
  I, on that account, to be shut out from sympathy? It has been too much the fashion of
  late in this colony to withdraw sympathy from those who are defrauded, and to
  bestow it on those who defraud them; but I certainly, Sir, did not expect
  that you would advocate such a course.  Having originally occupied the lands
  in question, by great labour and privation, and at no inconsiderable risk of
  life and property, after having paid without demur all rents and charges
  demanded of me by the Government, I think I am entitled to the commiseration
  of the public when these land« are torn from me without a moment's notice by
  a gross breach of the law. Again you say "it would not be fair to turn out one
  leasehold squatter to put in another leasehold
  squatter, but it would be fair to displace him to make way for freehold
  graziers."  According to the wording of my lease
  in the reservation clause thereof, I think it would be quite illegal to do
  so, but free selectors have grazing rights equal to three times the area of
  their selections, such a right even according to your view of the case, would
  be unfair, and these rights on my run were sublet by the free selectors to my
  utter ruin. Upon the whole it seems to me not
  quite fair and somewhat "kindless," to temper the windy discussion that is
  arising, not to the "shorn lambs”,
  but to the late Minister for Lands, and our sometime member for Tumut who,
  like wicked Haman, sold me and my children because I did not do political
  obeisance to him and vote against my conscience. In conclusion, I must, in apology for
  this lengthy intrusion upon your columns, ask you to bear with me as a man
  daily and hourly smarting under the torturing effects of misrule. I remain, Sir, your obedient servant, R. K. Broughton. Tumut, Gadara,  May 28th. |