Murrumbidgee Correspondent The Courier,
Brisbane 23 January 1864 |
The
Herald's Murrumbidgee correspondent gives a report of a case of disputed
boundary which may be of interest to your country readers:- A
case under the Crown Lands' Act is now under course of arbitration at Balranald, which involves not only a disputed boundary,
but also the solution of a geographical difficulty. Some
twenty years ago Mr. Tooth, of Sydney, took up a run on the Lower Murrumbidgee
called Moonmoon Currah,
but usually known as Boyonga. This
run is described as extending from the western boundary line of Craigengullen or Gelam to the
Lachlan River. For
many years past, Mr. James M'Evoy, formerly of
Sydney, has been the occupant of this run. Mr.
George Hobler, one of the first residents on the
Lower Murrumbidgee, took up a run called Paika,
which run passed to Mr. W. Wentworth, then to Mr. Augustus Morris, and lastly
to its present holders, Messrs. James and Peter Tyson. Now
this run is said to extend easterly to the Lachlan, and consequently would
abut, on Moonmoon Currah.
Now
the question at present in dispute is not where the boundary between the two
runs is, for we know the Lachlan is the boundary, but where is the Lachlan? The
one party says it is here, and the other party says it is there, and it is a
very difficult question to settle which of them is right or which is wrong,
or in point of fact if either of them is right. The
actual amount of country in dispute is not of large value, and it is probable
that the expenses of the arbitration will exceed the value of the land
itself; both parties are, however, well-to-do, and consequently it is simply
a matter of taste the manner in which they expend their money. Mr.
Nicholas Chadwick, of Dunolly, is arbitrator for
Mr. M'Evoy, and Mr. Robert Landle,
of Deniliquin, acts for Messrs. Tyson, whilst Mr.
William Ross, of Meilman, is umpire. Mr. George
Rowley, of Sydney, comes up to conduct Mr. M'Evoy's
case; and Mr. M'Cabe, the government surveyor, who
originally mapped out this portion of the colony, is to be called to give
evidence as to the locality of the Lachlan. By
reference to the report of the select committee of the Legislative Assembly
on the navigation of the Murray, &c., under date of the 17th November,
1857, Captain Francis Cadell, in answer to
questions 134 to 143, will be found to have given the following evidence
respecting the Lachlan River:- "I am acquainted with the Lower Lachlan;
the portion I have seen is decidedly navigable. It is a perfect canal for
thirty or forty miles of the lower portion of it. When I speak of navigable waters I
allude to the proper season. I saw the river in the middle of the summer - it
was then in flood. The Lachlan water hardly over reaches
the Murrumbidgee; it loses itself in the reed beds. To navigate the Lachlan a boat would
have to be built on its banks; the navigation, if permanent, would be
isolated. I think the Lachlan would be highly
capable of canalisation. In its present state there
is no open communication between the Lachlan and the Murrumbidgee even in
times of flood. It is a matter of dispute whether the
waters of the Lachlan ever reach the Murrumbidgee; one settler on the side of
the river says they never reach it; but the Messrs. Tyson, who, I think, know
the river better, say they do. I speak from actual knowledge when I say
that I have seen the river come down bank and bank within a few miles of, and
yet not a drop has reached, the Murrumbidgee. There is a hard road between; I noticed
this in the summer of 1856. The Lachlan, like many other Australian
rivers, is much larger at its bend than at its embouchure; about thirty miles
from its mouth it exists as a canal, twelve miles from its outlet it spreads
out over extensive reed beds, passing through them it again collects its
waters into two main channels and many small creeks, and at last empties
itself into the Murrumbidgee - in flood time, at least - through a deeply cut
channel. During the past six months, the Lachlan
has run continuously into the Murrumbidgee, a very heavy stream. The question
to be decided by the present enquiry is which of these numerous creeks is the original Lachlan that was running when the country
was surveyed twenty years ago." |