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. |