^, IMAGE EVALUATION TEST TARGET (MT-3) mJo ^ <*%<^ cial Archives of British Columbia Tha Imagas appaaring hara ara tha bast quality posslbia considaring tha condition and lagibllity of tha original copy and in kaaping with tha filming contract spacifications. Original copias in printad paper covers are filmed beginning with the front cover end ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ~-^' (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Meps, plates, charts, etc.. may be filmed at different reduction ratios. 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Un des symboles suivants apparaTtra sur la derni*re image de chaque microfiche, seion le cas: la symbols — ^ signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent dtre film*8 * des taux de r*duction diff*rents. Lorsque le document est trop grand pour *tre reproduit en un seul clich*, il est film* * partir de Tangle 8up*rieur gauche, de gauche * droite, et de haut en bas, en prenant le nombre d'images n*ce»8aire. Les diagrammas suivants illustrent la m*thode. 1 2 3 1 2 3 4 5 6 NV/o \ 62 Victoria. Sessional Papers (No. 68a.) CORRESPONDENCE AND PAPERS A. 189^ IN REFERENCE TO STANLEY PAEK AND DEADMAN'8 ISLAND BRITISH COLUMBIA PRINTED BY ORDER OF PARLIAMENT OTTAWA PRINTED BY S. E. DAWSON, PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY 1899 Stanley Park and Deadman's Island. RETURN [68a.] To (in Address of the House of Commons, dated let May, for copies of all Orders in Council respecting Stanley Park and Deadman's Island, Vancouver, B.C., and all correspondence between the ditterent Departments of the Canadian Government and the Imperial military and naval authorities respecting the park, or island, or both. Also for copies of all correspon- dence respecting the same with the (Government of British Columbia, the city of Vancouver, and the park authorities. Also for all correspondence between the member for Burrard, the Hon. Minister of Militia and Defence and the Department of Militia, the Hon. Minister of the Interior and other members of the Government, respecting the same. Also for all correspondence between Mr. Ludgate and his represen- tative and any Department of Government respecting Deadman's Island. Also a copy of all applications and correspondence respecting a lease or grant of Deadman's Island. Also a copy of all departmental reports, memoranda or letters on file in the Departments of Justice, Interior, Militia and Defence, respecting the park, Deadman's Island, or the title and disposal of the same ; also a copy of all grants or leases of the park or Deadman's Island. Also all reports or information obtained by the different departments before any lease or grant of Deadman's Island was enacted. Also all memorials or correspondence respecting the granting of any lease of Deadman's Island. R. W. SCOTT, Secretary of State. 68a— IJ Stanley Park and Deadman's Island. CONTENTS. Diitc Dpscriptiun. 25-2- '80 27-3-'34 2-8-'84 19-4-'80 24-3- '86 20-4 '86 4-5- '8«5 6-5- '8« ll.(l.'8« 8-0- '87 12-7-'87 27-7-'87 18-2-'88 28-3- '88 9-3- '88 21 -3- "88 17-l(»-'88 !»-l-'89 26-l'89 21-4- "g*; 7-5-'96 16-'J-'96 l-8'!t8 25-8-'98 30-8- '98 26-8-'98 3-9'9» 2(>-8-'98 10-8-'08 15-8-'98 20-l-'im 3-2- '99 3-2- "99 6-2- "99 8-2- "99 8-2- "99 10-2- '!» 10-2-'99 U-2-V9 16-2- '99 21-2- "99 26-2- "99 27-2- '99 1-3- '99 3-8-".)9 9-3-'J«) ll-3-'99 144-'99 22-4-'99 2-5-'99 5-5- "99 12-6- '99 2!)-5-'99 16-4-'J«» 23-5- "(O Ordtir in Cimnci), Military anJ Naval rcservm in Lritish Columbia. Colonial < Mflce to (iovonior General of Canada. Colonial Offite to Governor General of Canada. Deputy Minister of Interior to Under Secretary of Staw. A. W. Kofi8, £^q.| to Miniiiter of Militia and Defence. Telegram from Mmiater of Militia and ]!>efence to Hon. .Tog. W. Tnitch. Hon. .1. W. Trutch to Dei "Mayor of Vancouver. Moyor of Vancouver lo Deputy Minister of Militia and Defence. J. »I. Lefevre to Dr. Cliisholni, M.P. R. P. Cooke to Dr. Chisliolni, M.P. City Clerk of Vancouver to Minister of Militia and l)efonce. Deputy Minister of Militia and Defence to City Clerk. City CJlerk to Deputy Minister of Militia and Defence. Mayor to Minister of Militia and Defence. Deputy Minist«'r of Militia and Defence to Mayor of Vancouver. Lieut. Colonel .Macphen«in, I )irectt)r of Stores, to Minister of Militia and Defence. Major (ieneral (iascoigne to Minister of Militia I'ud Defence. Report from Major General Gascoigne to Minister of Militia and Defence. Resolution from Con>oration of Vancouver. Lord Alierdeeu to Minister of Militia and Defence. Lieut. Colonel Macdonald, C. S. of Store*, to Minister of Militia ond Defence. Minister of Militia and Defence to (i, R. Slaxwell, Esq. Minister of Militia and Defence to (J. R. Maxwell, Ksq. Minister of Militia c.nd Defenci^ to Lieut. Colonel Macdonald, C. S. of Stores. (J. R. Maxwell, 'Ea<\., to Minister of Militia and Defence. Mayor of Vancouver to G. R. Maxwell, Esq. Hon. Joseph Martin to Minister of Militia and Defence. Geo. R. Maxwell, Esq., to Minister of Militia and Defence. T. Ludgate, Esq., to Minister of Militia and Defence. Lieut. Colonel Macdonald, C. S. of .Stores, tt) Minister of Militia and Defence. Major General Hutton to Deiiuty Minister of .Militia and Defence. Telegram fniiu Minister of Militui and Defence to Senior Naval Officer. Major General Hutton to Minister of Militia and Defence. Minister of Militia and Defence to Hon. .Tow-ph Martin. Lease of Deadman's Island — Minister of Militia and Defence to Vi>noouver Lumber Co. Order in Council authorizing lease to Vancouver Lun\ber Co. City Clerk of Vancouver to Minister of Militia and Defence. Mayor of Vancouver to John McKenzie, Esq., Dominion Lands Ag^nt. H. H. Morris, Esf^., to T. Ludgate. Hon. JoHej>h Alartm to Minister of Militia and Defence. John McKenzie, Esq., to Deiwrtment of the Interior. Delegation of Vancouver U) Minister of Militia and Defence.' Dejnrtment of the Interior to Deputy Minister of Militia and Defence. De|mrtment of Justice to Minist(ir of Militia and Defence.. Commissioner of Lands and Works to Minister of Militia and Defence. Commissioner of Lands and Works to Minister of Militia and Defence. Telegram from Hon. Joseph Martin to Minister of Militia and Defence. Deputy Minister of Militia and Defence to Coniinissioner of Lands and Works.. Deputy Minister of Militia and Defence to Minister of Militia and Defence. Deputy Minister of Militia and Defence to City Clerk of Vancouver. Chief Commissioner of Lands and Works, Victoria, to Deputy Minister of Militia and Defence. Stanley Purk and Deadman's Island. Copt of a Jteport of a Committee of the Honourable the Privy Council, approved by Sis Excellency the Governor Ocneral in Council, on the 26th February, 1880. On a momorandum dated 16lh February, 1880. from the IIoDOurable the Minia- ter of the Interior, reporting that he in informed that a considerable uroa of lands, sitnate at important points along the coast line in the province of British Columbia, is held by the Imperial Government as military and naval reserves, and suji^eesting for the consideration of your Excellency in Council the expediency of inviting the attention of the Imperial' authorities to the fact, and asking should the same not be inconsirttenl with the views of llor Majesty's government that vhe lands in question, excepting each as may actually be reouired for military or naval purposes, may be transferred to the Dominion, to be held and udministered in the same manner as the lands of corresponding character in thtf older provinces formerly transforred by Her Majesty's government to Canada. The committee submit the ioregoing suggestions for your fixcollency'sapproval. J. O. COT^, Clerk Privy Council. The Earl of Derby to the Marquit of Lamdowne. Governor General, the Most Honourable The Marquis of Lansdowne, G.C.M.G., &c., &c., &c. DowNiNO Stbiit, 27ih March, 1881. Mr Lord,— With reference to your despatch No. 207 of the 13th of July, 1881, and to previous corrcapondenco respecting the proposed surrender to the Canadian Government of certain lands reserved for naval and military puijpoieB in British Columbia, I have the honour to state that the power of Governor Djugla*) to make reserves in British Columbia appears to have rested on the 2nd clause of his com- mission, dated the 2nd of September, 1h58, directing him to execute hie trust ac- cording to powers, directions and authorities granted or appointed to him under the Royal Sign Manual and Signet or by Order in Council or by the Queen through one of Her MajcKty's principal Secretaries of Slate; and further, upon despatches from Sir E. B. Lytton, dated the 31st of July and Uth of August, 1858, and giving him instructions a^ to the marking out of allotments for public purposes and giving him provisional rules for his guidance in Hclling hinds. These papers nre contained in a parliamentary paper given to the British Parliament in 1859 entitled " Papers relative to the affairs of British Columbia," printed 18th February, 1859, pp. 3, 45 and 49. And it has always been considered that reserves made by him were valid and became effectual without confirmation by the Secretary of State. As regards the reserves now in question no formal deed appears to have been made conveying them to the military or naval authorities, and I am advised that they may now in like manner \m surrendered without the formality of u regular deed of conveyance. It appears therefore suflSoient to state that Her Majesty's Government are pre- Eared to surrender the military reserves specified in the schedule to the War Office etter of the 27th of July, 1883, a copy of which is inclosed, and all navy reserves with the exception of those mentioned in the letter from the Admiralty of the 29th ultimo, a copy of which is inclosed. 62 Victoria. Sessional Papers (No. 68a.) A. 1899 I rcqaest thut you will inform me whether the Dominion Goreroment desire to reoeivo uny more formal notiflcalion of sarronder than this detpatcli, and. if so, that I may ulso be informed of the nature of the instrument which they wmld like to receive. I have, &c., DERBY. War Office to Colonial Office. The Under Secretary of State, Colonial Office. War Office, 27th July, 1883. Sib,— With reference to your letter dated 2lBt July, 1883, I am directed by the Secretary of State for War to transmit ft>r the information of the Earl of Derby the accompanying "Schedule of the Rebcrvcd Lands of British Columbia proposed to be Burrendered to the Dominion Qovernment " a^ therein requested. 1 have, Ac, RALPH THOMPSON. Schedule of the Reserved Lands of British Colambia proposed to be surrendered to the Dominion Government. Na Are* in Acres. Description. Etquimalt and Victoria Liitrict. 6 About ao William Hewl. G „ 70 Bentick Island. 7 (f 80 Sooke Harbour. 8 II 180 Mount Doufflas. Chatham iRland. Chain Island. 9 10 11 Trial Island. New Wettmintter DittriH. 1 About 600 Betw^fta north arm and main branch of Frascr River. River and Burrard Inlet. Inland between Fraser 8 u 640 M II ft n 4 II 95 Ou north shorn of Port Mcxidy near the centre. 6 ,1 159 On south shore of Port Mtxxly near the entrance. On north shore at mouth of Port Moody. 6 „ 160 7 II 3,000 On south shorf of Burrard Inlet outside 2nd Narrows. 8 II 300 On the south shore of B>irr»nl Inlet near Coal Harbour. 9 II 600 South shore of 1st Narrows. 10 II 800 English Bay. 11 II 600 Point (Jrey. 12 M 480 On the north shore of Ist Narrows. 13 II 120 ) and >0n each side of the entrance of the north ami of the Fraser River. 14 M 90 i 16 II 120 Inland, south of the main branch of the Fraser River. Stanley Park and Dejidman's Island. The Admiralty to the Colonial Office. Admiralty, 29th Pebruniy, 1884. The Under Secretary of State for the Culoniei. •* \V. No. 2831, I urn Sir, — Adverting to my letter of the 14th Angast la:: commanded by the Lords Commissioners of the Admiralty to n '«rni you that they have received from the naval commander in chief on the Paoiho station a report on the subject of the surrender of naval reserves in British Co'awibia, to which yoar letter of the 2lBt July last and its enclosure related. I am now to stale, for the information of tho Earl . Derby, that my lords are prepared to "'" jp all ihe reserves belonging to the admiralty in ihut colony with the exception oi those which they occupy in Evquimult, t.«., the -"aval hospital and cem 'Ty. The Naval Yard, Thetio Island, Brothei-s' Ini^.id, Albert Head, Cole Islana and also the plot of 110 acres in Burrard Inlet matued C in the accompanying plan. This last mentioned plot, their lordships propose to retain as a site for a J)08sible future naval entablishment, or in order to excliange it for a site suitaMe or the dockyard if it should at any time be decided to remove that establishment from its present position. I am, &c., G. TRYON. The Earl of Derby to the Governor General. DoWNiNQ Stbeet, 27ih January, 18S5. •Governor General, Tho MoHt Honourable Tho Murquis of Lansdowre, G.C.M.G. My Lord,— With reference to my despatch No. 119 of the 2nd August last, and to previoun correspondence, I have the honour to transmit to you for communication to your Lordship's government, a copy of a letter from the admiralty respecting the reserve in English Bay in British Columbia. I should be glad to receive the observations of your government in regard to the proposal of the admiralty in respect to tho reserve referred to, I have, &o.. DERBY. The Admiralty to the Colonial Office. Admiralty, 15th January, 1885. The Under Secretary of State, Colonial OfBce. Sib,— With reference to my letter of tho 29th July last, D.W. 2912, on the subject of the reserves in British Columbia, I am commanded by the Lords Commia- sioners of tho Admiralty to acquaint yon that at the time they consented to relin- quish certain of these reserves, retaining only a plot of 110 acres at Port Moody, they were under the impression that the terminus of the Canadian Pacitio Baiiway would be close to the reserve in question. 2. They have now rcceiveil a repor* from the commander in chief on the station stating that the terminus is likely to be at English Bay, and if this is the case the reserve plot at the entrance of Burrard Inlet marked "A'' on the plan, which they oonseoted to resign, would be of far greater value to the navy than tho one they retained. 9 62 Victoria. Sessional Papers (No. 6Sa.) A. 1899 3. Under the altered circamslances I am to ezproes their lordHhipe' hope that it is not too late for them to resume poaBestiion of the reserve in English Bay, and if so I am to Buggoet it woald pei-haps bo better that both tho reserros referred to ahould be retained by them antil buch time as tho position of the terminus is definitely settled, when they would bo better ablu to decide which should be retained by them in tho interests of Her Majesty's navy. I am, &c., EVAN MaoGREGOR. CKRTb lED Copy of a Report of a Committee of the Honourable the Privy Council, approved by Bis Excellency the Governor General in Council on the 8th August, 1865. The Committee of tho Privy Council have had under consideration a despatch dated 27th January, 1885, from the Right Honourable the Secretary of Stato for the colonies with respect to certain admiralty reserves on English Bay, in British Columbia. The Minister of the Interior, to whom the dcnpatoh and enclosure were referred, reports that the exchange HUggestod in Lord Derby's letter of tho 2nd Augost, 1884, has never been completed. There is therefore no action necessary on the part of the government of Canada upon his lordship's despatch of the 27tb January la3t, as noseession of the reserve at Englioh Buy has never been given up by the Imperial authorities, and is not therefore at tho disposal of the Dominion authorities. The Minister of the Interior submits n communication herewith, dated 14th March, 1886, from Mr. W. C. Vanllorne, Vice-President of the Canadian Paoitic Railway Company, in which it is stated in elTect that it will bo necessary for the company to place their deep wttter terminus at English Bay. That in consequence of th'.s, the company propose to construct docks and other tfrminnl facilities upon a strip of land proposed to be conveyed to them for the purpose by the i;overnment of British Cfolumbia; that an extensive ttaot of level ground for terminal sidings and train yardn will be necessary at this point; that the only suitable ground for the purpose is tho naval reserve alluded to in the above mentioned despuloh of tho colonial secretary, and that the company desire to acquire this reserve. The committee advise that a copy of this minute, if approved, be forwarded to Her Majesty's Principal Secretary of State for the colonies for the favourable con- sideration of the Lords of the Admiralty. All which is respectfully submitted for Your Excellency's approval. Clerk, Privy Council. The Canal'ian Pacific Railway, Montreal, 14th March, 1885. Hon. Sir D. L. Macpherson, K.C.M.G., Minister of the Interior. Sir, — Finding the harbour at Port Moody utterly inadequate vo the require- ments of tho company at its Pacific terminus, provision han been made for the ex- tension of tho line west along the south shore of Burrard Inlet to Coal Harbour and English Buy as approximately shown on tl,;i enclosed plan. Owing to tho extreme force of tho tide at the fir^t Jsnrrowc, (tho entrance to Burrard Inlot) access 1o the inloi for large ocean Pienmships will be almost im- practicable except at low tide and, from mvoRtigations iccenlly made, it seems that English Bay must be utilized ns the main harbour and that the railway must be extended to run along that bay. 10 Stanley Park and Deaclman's Island. Tho construction of the ncccspory docks, etc., will involve a very large cx» pondituro, and, to provide for thii), tlio Government of British Columbia proposes to convey to the company the tracts of land coloured red on the enclosed plan. As extensive track of level ground for terminal sidings and train yards will be necespar}'' and the only ground suitable for that purpose, in the vicinity of Eng- lish Bay, is on the naval reserve and the strip immediately south of it. Tho naval reserve was originally intended to provide timber for spars, etc., but I am informed that all the timoer suitable for this purpose has already been cut and that there is no reason now for holding this particular tract for naval or other public purposes. The company is now in negotiation with the Govei-nment of British Columbia for a strip of land adjoining and immediately south of the naval reserve and de- sires also to acquire the naval roseive itself from the government. Indeed the acquisition of this property by tho company is almost essential for the construction of proper facilities for tramo. The company cannot safely exconto the proposed agreement with the province of British Columbia without knowing whether, or not, this property may be secured and they have only until the 23rd of April to decide the matter. Tho agent of the Dominion government, the Honourable J. W. Trotch, is now in Ottawa and he is fully acquainted with the situation of the property in question and it was ho who made tho original reservation. The naval reserve embraces as we believe about 780 acres, although the Grov- ernment of British Columbia claims that it should include only 120 acres, but all the evidence we have been abln to obtain indicates that tho first named figures are substantially correct. I trust that we may be informed as eoon as possible whether or not the property may be secured by the company and upon what terms. I have the honour to be, sir. Your obedient servant, W. C. VAN HOENE, Vice-President. The Earl of Derby to the Governor Oeneral. Downing Street, 2nd August, 1884. Governor General, The Most Honourable The Marquis of Lansdowno, G.C.M.G. My Lord, — With reffrcnco to my despatch No. 39, of tho 27th March last, and to previous correejondence respecting the propoised surrender of certain landa reserved for naval and militar}' purpo^oH in Briiish Columbia, I have the honour to transmit to you for communication to Your Lordship's government a copy of a letter from the admiralty j reposing a certain exchange of plots of land at Esquimau. I rcuost that you will inform nco whether your Government agree to this proposal. I have, &c., DERBY. Tho Under Secretur}' of State, Colonial Office. The Admiralty to Colonial Office. Admiralty, 29th July, 1884. on Sir,— With roferenco to admiralty letter of tho 29th February last, D.W. 2789 tho subject of tho surrender of naval reserves in firitieh Columbia, I am cora- 11 62 Victoria, Sessional Papers (No. C8a.) A 1899 manded by the Lords CommisBionera of the Admiralty to ro'^uest that you will move the Secretary of State for the colonieti to ascerluiD from the Dominion g07« ernment whether there would be any objection on their part to transfer to the Admiralty a plot of ground in Constance Cove, E^quimalt Hlarboar, tinted blue on the accompanying chart, iu exchange for the reserved C and D on the plan trans- mitted with the letter above referred to. I am, &o., EVAN MaoGREGOR. House of Cohhons, Ottawa, 24th March, 1886. Sir Adolphe Cabon, ' Minister of Militia, Ottawa. Sia, — I inclose herewith u map showing the military reserve at the entrance to Burrard Inlet. It contains 950 acres adjoining the terminal city of Vancouver on the Canadian Pacific Railway. 1 would respectfully request that you wouid grant the same to the city reserving the right to use any portion of it for military purposes or on occasion when required even the whole of it. The city to build a carriage road around the reserve and otherwise spend money on it to make it attractive for a park. In my opinion it can be made one of the finest parks in the world and in connection with the proposed establishment of national parksi along the line of the Canadian Pacific Railway would be quite an attraction to tourists travelling over our national railway and the above proposed arrangement would not in any way interfere with the right of your department to these lands. Please give the matter your earnest consideration and advise me of your decision. I have the honour to bo, sir, Your obedient servant, A. W. ROSS. This military reserve i»iece of ground io the identical spot that Lieut. Col. Holmes, D. A.d., »o HtrouKly recouimeuds for the site of our barracks and battery. \N ould it not be better to su8|)end action in tins regard until we have personally insiJected the six it 1 FRED. MIDDLKTON, Major (.leneral. Department op the Intebior, Ottawa, 19th April, ISB^, Grant Powell, Esq., Under Secretary of Slate, Ottawa, SiB, — In a letter received from the Honourable Mr. Trutch, dated the 30th ultimo, he incloses a clipping from the British Columbia Gazette being an adver- tisement of notification, dated the 11th March, by Mr. Alexander Russell, of bis intention to make application within 60 days to the Chief Commissioner of Lands and Works of that province for permission to purchase an island, containing 10 acres, situated near the head of Coal Harbour, Burrard Inlet. The island in question is included in the ireservatibn for military purpoces, 950 acres in extent, established in 1869 on the south side of the First Narrows, Biirrard Inlet, and I have therefore to request that you will communicate with the Go /ernment of British Columbia calling their attention to the fact this land is so reserved and not subject to sale by that government. I have the honour to be, sir. Your obodicni servant. A. M. BURGESS, Deputy Minister ot the Interior. 12 Stanley Park and Deadman's Island. Extract /rom a memorandum incloseiin a letter to the Secretaay o/ the Pvlic Works Department, dated 'ith May, 1886, respecting government reserves generally in British Columbia. I hare bad ecveral interviews lately with the Hon. Mr. Smithe, chief commis- eionei' of lundfi and works and premier of British Columbia, on the sabject of the government reservcH gonerally in this province, the object of arriving at an under- standing as to which particular roperves came under the control of the Dominion (government upon the union of British Columbia with Canada, or failing this to endeavour to arrange with him, uh suggested by Mr. Burbidge, for reference to this question to the arbitrament of some competent tribunal. I have, however, been entirely unsuccessful on both these points. Mr. Smi*be maintains, as I understand from him, that all the public hinds ot the province subject under the provisions of the 108th section of the British North America Act to become the property of Canada upon anion, were specified in the descriptive schedule and pluns thereof prepared at the lands and works ofiSce of British Columbia in January, 1872, and forwarded by the Lieutenant Governor to the Secretary of State by dispatch, dated Slst January, 1872. That there never were in British Columbia any ordnance lands nor any lands set apart for general public purposes in the sense of the 10th section ofthe third schedule of the British North America Act.* That from time to time both before and since the union of British Columbia with Canada various tiaots of land have been placed by the government of British Columbia under rcHervation from the operation of the pre-emption and purchase pro- visions of the land laws, in some cases at the sole instance of that government, and in others upon the suggestion and advice of officers of Her Majesly'd naval or military forces, with a view to their possibly being requiredforfortificationsor for the defence of the country. That these tracts of land have for the mast part been retained, and are still held under reservation for the purposes of such requirements and subject to be so applied under the 117th section of the British North America Act upon application by the government of Canada for the use thereof for such purposes and upon due grounds for such requirements being shown to the satisfaction of the government of British Columbia. But the government of Canada have no rights under the British North America Act and the terms of union to the title of these lands, or to the rontrol of them in any way, farther than is provided by the 117th section of that Act, and can have no such right under the provisions of that section until it shall havo been specially conceded in any particular case to them by the government of British Columbia, ana that no such concession of title or control will be granted except upon application made by the government of Canada, and due grounds of requirement shown for the use of any purticulai- tract of land for purposes of fortification or defence, nor will such concession in any case convey a saleable or transferable title or right of posses- sion and occupanc3% for any other than purposob of fortification and defence. Holding strongly the above views, Mr. Smithe maintains that there u niinion Govt. A^ent in British Columbia. 14 1899 Stanley Park and Deadman's Island. res pec- PETITION. 2'o Hii Excellency the Most Honourable Sir Henry Charles Keith, Marquis of Lans- downe, Governor General in Council : The petition of tho mayor and aldermen of the city of Vancouver, in the pro- vince of ^British Columbia, humbly showcth : — Whereae an Act baa been passed by tho legislative assembly of British Colum> bia, incorporating the city of Vancouver; And whereas there is within our city limits a portion of land known as "The Dominion Government Military Reserve," near the first Narrows, and is bounded on the west by English Bay, and on tho east by Burrard Inlot; And whereas it is advisable that permission should be given to tho mayor and council of the said city of Vancouver, to have control of said reserve, in order that it may be used by the inhabitants of the city of Vancouver as a park. Your petitioners therefore pray that said leserve ( uut available for military ui>o, as he is of opinion that it will be required for military purposes, but until this he recommends that the corporation have the use of the same as % park, subject to the provisions mentioned. The committee ndvise that the Minister of Militia and Defence be authorized to take the necessary steps for carrying the same into effect. JOHN J. MoGEB, Clerk, Privy Council. Department of Militia and Defence, Ottawa, 12th July, 1887. His Worship The Mayor of Vancouver City, B.C. Sib, — With cefercnco to the petition of the corporation of the city of Vancouver, for a ffiniit of the military reserve at that place for the purpose of a park, I have now the honour, by direction of the Minister of Militia and Defence, to transmit to you the inclosed copy of an Order in Council granting tho desired privilege under certain conditions. A copy of tho Order in Council has also been forwarded to tho Deputy Adjutant General in command of Military District No. 11 for his informa- tion and guidance. I have the honour to be, sir, Your obedient servant, C. EUG. PANET. Colonel, Deputy Minister of Militia and Dolence. 15 62 Victoria. Sessional Papers (No. HSa.) A 1899 Mator's Office, Vancouvee, B.C., 27th July, 1887. Col. C. E. Panbt, Deputy MiniHter of Militia, Ottawa. Sib, — Yours of the 12tb instaat received inclosing a copy of a report of a com- mittee of the Honourable the Privy Council, granting the city of Vancouver for park purposes the military reserve between Buglish Bay and Burrard Inlet with conditions Bet forth. The citizen!! of Vancouver fully appreciate the kindness of th& government in the matter, and request me to state that the conditions mentioned therein will be strictly carried out. Thanking you for your prompt action. I bare the honour to bo, sir, Your most obedient servant, M. A. MacLEAX, Mayor. Vancouver, 18th February, 1888. D. Chisholx, E-iq., M.P., Ottawa. Dear Sir, — I have much pleasure in introducing the bearer, Mr. Cooke, who is the promoter of and principal owner of the Vancouver Iron Works. He is desirous of getting a lesse of Deadman's Island from the government. Any assistance you oan give him I shall consider as done to myself. Ho wants it to build upon and improve. As it is now it is neither useful nor ornamental. Yours very sincerely, J. M. LEFEVKE. Ottawa, 28th March, 1888. Dr. Chisholm, M.P. Ottawa. Dear Sir, — With regard to " Deadman's Island " referred to in this letter by Dr. Lofovre, I have only to say that if practicable I would like to purchase it from the government, or if not. to get a long lease of it. It is utterly useless as it is to any one, and being inside the military reserve and in shoal wat'er never can be of the slighest use for military purposes. If, in Sir A. Caron's department, I think he would not object to letting me have it on condition that if required by the govern- ment, at any time, in connection with his department I would, of course, be pre- pared to vacate. Sincerely yours, B. P. COOKB. Vancouver, B.C., 9th Marc'ji, 1888. Hon. Sir A. P. Caron, K.U.M.G., Minister of Militia and Defence. Ottawa. Sib, — On th« 12ih of July, A.D. 1887, a communication was received by the mayor of this city from the department of Militia and Defence, informing him that by an Order in Council, dated 8ih June, 1887, permission was given the corporation of the city of Vauoonvor to use the Dominion government military reserve within the limits of said corporation for a public park. 16 1899 Stanley Park and Deadman's Island. Said order furtbor authorized you to tulce the necessary steps to cany ita pro- viBionH into offoct, but nolhing has nince boon done in the matter. What will be the character of iho lillo to said lunda given to this city? A lease for a iong period, bubjoct to the conditions of the Order in Council will be, I presume, the mode of oonveyunco. Where will the necessary document be prepared and if by the department, how soon may it bo expected? it will be difficult for this corporation to doul with persons trespassing on said reserve or to keep it in proper order until they can show their right to same, and I doubt if the Order in Council would suffice. I have ihe honour to be, sir, Your obedient servant, TEOS. P. AloGUIGAN. City Clerk. The City Clerk, Vancouver Cit'-, B.C. Depart-ment of .Militia and Defbnck, Ottawa, iJ 1st March, 1888. Sir. — I have the honour, by direction of the Mini>tor of Militia and Defence, to acknowledge the receipt of your letter of the Olh instant, inquiring what title will be given to the city of Vancouver, under Order in Council of 8lh June, 1887, of the lands which the city is ])oi mitted to occupy as a p:irk ; and I am to Inform you that the matter will be looked into, and that you will be again communicated with at aa early a date as practicable. 1 have the honour to be, sir, Your obed.ent servant, C. RUG. PANET, Colonel. Deputy Minister of Militia and Defence. City OP Vancouver, 11th October, 1888. C. Euo. PanEt, Deputy Minihter of Militia and Defence, Ottawa, Ont, Sir, — I have been directed by the city council of Vancouver to communicate with you with u view of ascertaining whether the Department o( Militia and Defence has taken any further stops towards granting a title to the city of Vancouver of the militia reserve within her corporate lit lita. A communication numbered " Case A 3758 " was received from you on the last of March this year intimating that the matter would be looked into at as early a date as practicable. I have the honour to be, sir, Your obedient servant, Tiros. F. n McGUIGAN, City Clerk. (58a— 2 62 Victoria. Sessional Papers (No. 68a.) A. 1899 Vancouver, B.C., 9th Junuary, 1889. The Uonourublo SiB Adolpbe F. Caron, K.C.M.G., Minister of Militia and Dcfenco, • Ottawa, Ont. SiH, — We have been tiireoted by the couucil of the ciiy of Vancouver, to for- ward you the following resolution, pusbed by that body on Monday the 7th inst. : " WhercaH the oorpoiaiion of ihe ciiy of Vancouver has expended u|)wardH of $30,000 in mukiog loada through the government reserve ia this city, now known as Stanley Purk. '* And whereas t>aid park is to bo uned by the corporation only until the Govern- ment of Canada require sumo for military purpo.>-os. "And whereas said park in a state of nature would be impassable for troops or war material without a large expenditure of money, and the roads and drives made by the city being of a subi^tuntiui cliaruoter, and permanent kind, will enable such tioops and war m: 'orial to move at once to any point of said park. "And whercuri it is the intention of the city tu make otiier ruads and drives through said park, from year to year, and are willing to make same to such points as may be indicated by imy military engineer appointed by the government for that purpohe. "Therefore, be it resolved, by the mayor and council of the city of Vancouver, in council assembled, that the government be requested to make a grant on account of the sums already expended oy the corporation, and make a yearly grant for the purpose of further improving same from year to year. " And be it further lesolved, that a copy of this reijolution, singed by the mayor and the city clerk, with the corporate seal affixed, bo forwarded to the Honourable Sir Adolphe P. Caron, K.C.M.G., Minister of Militia and Defence." We have the honour to be, sir, Your obedient servant, D. OPPENHEIMER, Mayor. THOS. F. McGUIGAN, City Clerk. Depabtmemx of Militia and Defence, Ottawa, 26th January, 1889. His Worship The Mayor of Vancouver City, B.C. Sib, — I have the honour, by direction of the Minister of Militia and Defence, to inform you that the two propositions made in the letters of yourself and the city clerk of Vancouver, dated respectively Wth March, 1888, and 9ih January, 1889, have icCL-ived due consideration, and have been decided upon us follows : — Ist. With reference to the city clerk's inquiry, what title will be given to the city, of the land which the corporation is permitted to occupy as a park, I am to state that no other document can be furnisheid than the copy of the Order in Couucil of 8th June, 1887, officially furnished to you by this department. 12nd. As regards the request of the corporation for a grunt on account of sums already expended in improving the property, and for an annual grant for a similar purpose in future, the minister regrets that there are no funds available for any tucb purpose. I have the honour to be, sir. Your obedient servant, (>'. EUG. PANET, Cuiouoi, Deputy Minister of Militia and Defence. lo \. 1899 [889. Stanley Park and Deadmau's Island. or, to for- 1 inst. : twardu of w knowu e Govern- troops or vea made able Buch lid drives ich po'iDta It for that ancouver, ID aocuant nt for the the mayor [oiiourable (Memorandum.) With reference to the inquiry made by the Department of Marine and Fi«horie8 ooncerning the military reserve lands near the city of Vunconver, British Colombia, known as "Stanley Park." with special reference to " DeidmanV Island." The undersigned has the honour to report that there are no plans of this mili- tary property in the store branch, but n reference to the admiralty plan No. !)22 in the office of the Quarter Master General at Bead Quarters, imJicutes the position of "Deadmrtn's Island" as contiguous to the government rosorvo. now used by the city of Vancouver and known a- ''Stanley Park," and is therefore military property. Beferonce to Case A. 7770 will show that an application was made to lease or purchace "Deadman's Island," RC, in behalf of R. P. Cooke, Ottawa, in a lotier dated 28th March, 1888. Upon this application the acting D.A.G. of the district and the General Officer Commanding, reported against the lease or sale of this island for any private purpose. " It is quite close to the most suitable barrack site, and at low water easily got at from the mainland." lliiJIiThe General Officer Commanding at the time23rd April 1888 (General Middleton) reported also that the island in question " might prove to beof immeoiio value when the general defence came to be considered." J^^Tn the event of a private company trying to lease the island, as indicated in the letter from the Marine department of the 17th instant, it would be advisable that steps bo taken to protect the interests of the government. Respectfully submitted. Ottawa, 2 Ist April, 1896. J. MACPHERSON, Lt.-Colonel, Director of Stores, c. \£ayor. AN, Clerk. , 1889. Defence, to d the city uary, 1889. ;iven to the rk, I am to in Council int of sums )r a similar ible for any lOl, Oefence. Ottawa, 7th May, 1896. from Major-Qeneral Commanding to Deputy Minister Militia and Defence. DEADMAN'S ISLAND, STANLEY PARK, VANCOUVER. From the enclosed correspondence, and after examination of the plans of the property reierrod to, I would strongly endorse the conclusion arrived at by Major- General Middloton in his minute of 23rd April, 1888, as to the value of this island in connection with the defence of Vancouver, and am therefore of opinion that no occu- pation by private parties or business corporations should be permitted. W. J. GaSCOIGNR, Major-Qeneral Commanding Canadian Militia. (Memorandvm.) From the Major-General Commanding the Militia to the Deputy Minister of Militia i.nd Defence. Ottawa, 16th September, 1896. With reference to Deadman's Island at Vancouver, B.C., 1 am strongly of opinion that it may and very likely will become of great value in connection with the defences of Vancouver, and therefore I regret "I am unable to recommend that the whole or any part of it should be leased to any corporation, or to any private indi- vidual. W. J. GASCOIGNE, MajOT'General Commanding Canadian Militia. 19 68a— 2i 62 Victoria. Sessional Papers (No. 68a.) A. 1899 Wbereae the reserTe, beioK 950 acres, kuown as Stanley Park, frituuled U> the weBt of the city, is believed to do vested in the Dominion government. And wherous by a certain Order in Council dated the 8th of June, 1887, the Haid reserve was banded over to the corporation of the city of Vancouver for use us a park subject to the right of the Dominion government to rosurao the property when required at any time and subject to the city keeping the same in proper order. And whereas the corporation of the city of Vancouver have no powers vested in it further than the right to use the said reserve as a park. And whereas there are a number of small dwellings of u very undesirable character existing on the foreshore and other parts of the said park harbouring squatters, undesirable cbaraoters, such being detrimental to the interests of the public and unsightly. And whereas there is now no power vested in the corporation to prevent the continuance of the nuisances that exist and usefulness to the public of the park is seriously affected thereby, and in consequence thereof the citizens cannot u^e (he park to the same advantage as they could if such nuisances were ropro!«he(i, and there always exists a great danger of fire destroying the trees and beauty of the park unlets control is vested in the city. And whereas the city has expended the sum of $100,000 in making roads and annually improving the park. And whereas the city annually expends a largo sum in improvements therein. Be it therefore resolved that it is in the interests of the city and the public generally that powers be vested in the city that wor.ld enable the coi-poration to put an end to the nuisances that do now exist, and to prevent the occurrence of them in the future. That in order to place the corporation in such a position that it would be authorized to futther improve the park and keep the same more strictly as a park and for the use and benefit of the public generally, a petition be forwarded to the honourable the Minister of Militia and Defence, praying that an Order in Council be passed vesting the said reserve in the corporation to be held in trust as a public park and such deed of trust should confer on the said corporation all the necessary powers to evict trespassers, remove undesirable buildings and prevent nuisances, and all powers that may be deemed necessary to empowor the taid corporation to keep and preserve the reserve as a park for the city, in so far us it may be consistent with the requirements of the Department of Militia and Defence, and that any land taken for the purposes of the Department of Murine and Fisheries, for lighthouse purposes, be done only by consultation between the Dominion and city authorities. — Carried. JAMES F. GARDEN, Mayor. T. F. McGUIGAN Per W. COVVDEROY, City Clerk. D.ilcd this 1st day of Aiigufit, 1898. City Hall. Mayor's Office, Vancodveu, 1.5ih Augutt, 1898. G. R, Maxwell, Esq., M.P., City. Dear Sib, — I enclose a copy of resolution of the council in reference to Stanley Park, which explains itself. When the Governor General wa** heio lie suggested that it bo forwarded to him at Ottawa and ho would put it in the right channel. We have done so, and would aek you to use your influence also to attain the desired end. You IS truly, JAMES F. GARDEN. Mayor. 20 -^ Stanley Park and Deiidraan's Island. Vanoouvbr, B.C., 16tli August, 1898. Uonoiirablo Di-. Borden, My Dkar Sir, — 1 bog to oncloso a rosolulion passof] by our city council re Stanley Par|{. It pivoH mo vory gront plonHiiro to niipporl tho Hame. Our park ia one of monl btautiiul spotH in Ciinnda and our pcopio talq.. M.P., Vancouver, B.C. Dear Maxwell, — I am in receipt of yours of tho 16th inst., with inclosuros, and have forwarded tho papers to Lt.-Col. Macdonald who has charge of that branch of the department. 1 shall do my best to meet the views of the city council especially as their request is so strongly endorsed by yourself. It occurs to rae that perhaps an amendment to tho lease might be made which would meet the case. Yours very truly, F. W. BORDEN. Canning, N.S., 26th Auguet, 1898. Lt.-Col. D. A. Macdonald, Chief Supt. of Stores, OltRwa, Out. Dear Colonel, — I inclose papers which sponk for themselve''. Please look into this mutter carefully and see whether powers such as tho city desires cannot be conferred by an amendment to the lease. It would seem to mo as if tho difficulty might bo got over in that way. Yours very truly, F. W. BORDEN. 21 62 Victoria. Sessional Papers (No. 68a.) A. 1899 DiPARTMINT or MiLITtA AND DxrEMOl, CaNADA, Stork Branch, Ottawa, 30lh August, 1898. The Honourable Dr. F. W. Bordiw, Canuing, N.S. Rt "STANLEY PARK," VANCOUVER, B.C. Mt Dbar Dootor, — The right given to the corporulion of Vancouver to trans- form thiH property into a public park, was given toil by Order in Council, lOlh May, 1887, but no luuse was granted nor any authority other than the Order in Council, although asked for from time to time. While the properties in British Columbia belong to the Canadian government yet they have never been upp'rtioned or clasHified: uumely, thoae wbicE e\ Id go to the Department of the Interior, others claimet^l by the British < imbia Government, and thotto which should come under the Department of Mi> i and Defence. However, at the time this property was asked for, it was considered that it might become a valuable military one and honoo the department dealt with it. The whole matter was managed in the deputy's office, and papers only seen by me, for the first time, to^lay. After looking them over I considered that, in view of the former action of the department, it would be quite within its right to grant a lease to the corporation of Yancoaver for twenty-one (21) years, this by Order in Coanoil giving them the control for park purposes, but possession to be resumed if reqaired, and also con taining a clause holding the department harmless from any trouble that might arise from dispossessing the squatters. To make sure that my idea is correct I saw the Deputy Minister of Jastioewho fblly endorses it. Pending the passing of an Order in Council on your return to Ottawa,'Mr. Maxwell ana the Mayor of Vancouver might be written to stating tbe intention of the department. Faithfully yours, D. A. MACDONALD. Mr. G. R. Maxwell, M.P., Vancouver, B.C. Canning, N. S., 3rd September, 1898. My Dear Maxwell, — With reference again to your letter of the 16th ult., I have looked into the mutter and find that no lease was ever given by the Dominion government to the city of Vancouver. The authority is simply contained in an Order in Council. I am advised that the department might give a leane for 21 years, renewable, under which the city would have all tbe power they desire. The government would, of course, reserve the right to take possession, if necessary, for military purposes, and would put in a clause in the lease holding the department harmless from any trouble which might arise from dispossessing the squatters referred to. If this will satisfy the city authorities I shall be very glad to have it carried out as soon as possible. Will you kindly ascertain and let me know? Yours very truly. F. W. BORDEN. 22 1899 Stanley Park and Deadman's Island. Vamcolveb, B.C., 20tli January, 189!>. The Honourable Dr. Borden, MiniHtor of Mililiti, Ottawa, Ont. Sir, — ^^ho Department of Militia and Dufoncu are the owner«, under the olauoe oftbe B. N. A. Act, which ^iveH the Dominion all military reaervoB existing in a province at the timo of the union, and tiic property known as Stanley Parl<, in the oily of Vancouver. ThiH park, oh you are no doubt aware, in a promontory bounded on the one side by Knglitth Buy, which id a email bay in the Gulfof Oeorgia, andon the other mde by fiurrard Inlet, the entrance to Burrard Inlet being at the point of this promontory. On the Burrard Inlet iddo there is a small projection which is an irtland at high water, called Deadman's Island. This is u part of your reserve. You have, no doubt, maps in }'our office which will show all this very plainly. A client of mine, who represents a number of very large Canadian and American capitalists, is dosirous of purchasing this island from your government as a site for a large lumber mill. The people of Vancouver are, I understdnd, very anxious that this mill should bo erected in their city. Mr. Ludgate informs mo that he has seen the members the city council and that they all mvour this site. Under tlioso circumstances, would your government sell ii for this purpc^e, and at what price? I' seems to me that it could not in any way injure the reserve to part with this smail portion ; it is really of no value to the reserve, and it would be a great boon to the city of Vancouver to get an immense mill, such us this would be, in their midst. I have the honour to be, sir, Your obedient servant, JOSEPH MARTIN. Hon. Dr. Borden, Minintcr ot Militiu, Ollawa, Ont. Ottawa, 8rd February, 189y. Mr Dear Sir, — I beg to make appliculion for u lease of Doadman's Island, Bttuated near the harbour of Vancouver, for n terra of years as may be agreed upon by you, for which I am willing to pay $300 per year. My firm desire the island to build thereon a saw-mill, costing in the neighbour- hood of u quarter million dollars, with all the latest improvements. Seeing that between the mill and the woods we will employ about 1,000 men, the granting of my request means a good deal for the city of Vancouver. Awaiting your favourable answer. Yours, &c., THEO. LUDGATE. Ottawa, 3rd February, 18«9. Hon. Dr. Borden, Mr Dear Sir, — I have grcu'. pleasure in recommending to your favourable con- sideration Mr. Ludgate's application. As the island desired is of no use to anybody at present and this company will employ a large number of men, your favourable decision will bo of great advantage to the city. Yours very truly, GEO. F. MAXWELL. 23 62 Victoria. ^'essional Papers ;No. G8a.) A. 18f9 Office op the Chief SuPEaiNTENDENT op Stores, Ottawa, (Jth February, 1899. To the Dc'|iiily Miuislor, Mililia and Dofoiico. Dear Sir, — In 1888 an npplicution was made to the Department of Militia and Defence to purchase or lease '* Doadman's Island " situated in Burrard Inlet opposite to the city of Vancouvei-, B.C. A roferonco was made at the time to the military branch as to whether the island was a miliiary necessity for defensive purposes. The general officer com- manding opposed the applicationnpon the ground that it might prove of value for general defence. An application is again made for the leasing of the island, for the purpose of establishing an industry thereon, at a rental of $500 per annum, and the lessees would bo willing to accept all the necessary restrictions and provisions to be embodied in the lea>o, for immediate possession by the government at any time, if required for military uses or dofonbive purposes, and without any compensation for outlaying and improvements, and also to give the right to li. M. men-of-war and Canadian government vessels to make use of all wharfs which may bo constructed by the lessees for coaling and watering purposes. The island is close inshore in shallow water, low and hardly above full tide. It is claimed by the applicants that the imp.ovements thoy would make will enhance rather than take away from its value (if it has any) for defensive purposes. As a considerable revenue will bo derived by lea- to the granting of tho lease asked for. The island covers an area of tivo acres. D. A. MACDONALD, J.t.-Col, Chief Superintcndcnl of tSioros. (^Memorandum.) From the Major General Commanding the Militia to the Deputy Minister, Department of Militia and Dejence. Ottawa, 8th February, 1891). Sir, — I havo the honour to state, with reference to tho lease of Doadman's Island, jiroposed to lio concluded, that it was tho opinion of Major General Sir Frederick Middleton that this island ^honId not be Kurrendered, as "it may prove to be of immense value when the general defence comos to bo considered." This opinion was recorded on the 23rd April, 1888. lu face of tho opinion of this distinsuishcd officer I cannot recommend, without a personal inspection, the surrender of Deadman's Island for the purpo-os required. It is impossible for mo with tho materials at my disposal, and with no maps of reference of ap adequate kind, to give any military opinion upon this question which could be of value. Having in view the fact of tho increasing importamo of Vancouver in the future, and the necessity for its adeqinito defence, i consider tha* it would be highl}' inadvisable to close any lease of tho nature indicated until it was made quite clear that the island in question would not bo required for some portion of tho defence. It is my intention, with the concurrence of the minister, to visit Vancouver for the purposes of a military inspection in April next. 1 could then, after a personal investigation on the ground, record raj' views of the pro^e'U situation of the defence, which, having in view modern changes, might be modified from that recorded by Sir P'rcderick Middleton in 1888. EDW. T. II. HUTTON, Major General, Commanding Canadian Militia, 24 Stanley Park and Deadman's Isla'id, Ottawa, 8ih February, 1899. Tho Senior Naval Officer. Royal Navy, Esquimiilt, B.C. A proposal has boon made to this government tor temporary alienation, with power to resume, of .Deadman's iHlnnd, Vancouver Harbour, for erection of a wharf and buildings of commerciul importance and valtj to the city. This island was originally a part of the military reserve. This government would esteem it a favour if you 'vould state your opinion as regards the advisability' of sanctioning such a lease, i i view of this island being required for purposes of defence. Necessity for prompt decision does not admit o,' inspection b}' the Major Gen- ©ral commanding our forces. F. W. BORDEN, Minister of Militia and Defence. {^MeniorU' dum.) From the Major General Commanding the MUitia to the Bon. the Minis- ter, Depcrtment of Militia and Dejence. Ottawa, 10th February, 1899. IPressing.'} Sib, — With reference to my letter of the 8th in«t., having reference to Daadman's Island, Vancouver Islam'. I beg lo state that, having received through j'ou the telegram from Admini' Bury Palliser, li. N., commamling at Esquimali, to the effect as given below, I see no objection to the granting of the lease under the cir- cumstances propcsed by you. EsQuiMALT, B. C, 9th February', 1899. Minister of Militia and Bofunce, Ottawa. 2. " In repl}' to your iclegram, I cannot see that DouJman's Islauil, Vancouver Harbour, would o\ or be required tor purposes of defence. " ADMIRAL BURY PALUSKR.' 3. I would, r.cveriheiess, suggest that it would bo advisable to include in the terms of the lease a clause givini: iho Militia Department power to resume posses- sion at anj' lime in the event of cireum>lancos arisim^ which might necessitate the resumption of the island for possible contingencies in connection with the defence of the Domin on. I have, &c., EDW. T. H. HUTTOX, Major General, Commanding Canadian Militia. OopY of a report of n committee of the Honourable the Privy Council, approved by His Excellency the Governor General in Council, on the I6th February, 1^99. On a memorandum dated lOtli February, 1899, from the Minister of Militia and Defence, recommending that authority bo giv»)n !iim to lease Deadman's Island, situated in Coal Harbour, Burrard Inlet, British Columbia, to the Vancouver Lum- ber Company, of Vancouver Citj', British Columbia, for a terra of twenty-five years, at an annual rental of five hundred doUurs. The committee submit the same for Your Exoolloncy's approval. JOHN J. McGKE. Clerk of the Privy Council. 26 62 Victoria. Sessional Papers (No. 68a.) A. 1899 Department of Militia and Defsnoe, Ottawa, 16th Pobruary, 1899. Hon. Joseph Maetin, Attorney General, Victoria, B.C. Dear Sir, — As intimated to you in a telegram 1 have leased for a term of years the property known as Deadman's Island referred to in yoar letter of the 20th altimo to the gentleman named Mr. T. Ladgate. I am glad to know that you approve of the acquisition of the island by Mr. Ludgato. Yours very truly, F. W. BORDEN. City of Vancouver, City Clerk's Office, Vancodver, 2l8t February, 1899. The Honourable The Minister of Militia and Defence, Ottawa, Ont. Sir, — I have the honour to forward herewith draft lease of Stanley Park drawn in accordance with your letters dated 3rd September, 1898, and Hhallbe obliged if you shall have the same executed and returned at your convenience. I have the honour to be, sir. Your obedient servant, THOS. F. MoGUIGAN, City Clerk. Mayor's Office, Vancodver, 25th February, 1899. J. McKenzie, £sq.. Dominion Land Agent, New Westminster, B.C. Dear Sir, — I inclose copy of Order in Council of date 8th June, 1887, under which the city holds possession and has improved the military reserve known as Stanley Park. Also copies of letters from the Minister of Militia to Mr. Maxwell approving of the city's application foi a lease. The reason the city wished a lease was to put us in a better position to deal with squatters and trespapsers which we oould not do directly under the Order in Council. We always felt that our tenure of the park was perfectly good and the government would not resume possession of any part of it except for military purposes as is stated in the order. Now it is stated that a lease has been privately granted tu a saw-mill company of that portion of the park known as Deadman's Island. The city has occupied this island and improved it by building a bridge connecting it with the main land and opening up u trail through its length. Wo are advised that legally our olaimr to the reserve for park purposes is good an. that Deadman's Island forms part of it. By the notes of record in the Department of Land and Works, Victoria, of the survey made in 1863, by Lance Corporal Turner of the Sappers and Miners it is shown that in surveying the military reserve he included the island, and it \n only on the promises that it is a portion of the reserve thai the Dominion government can lay any ciaim to it at all. Otherwise it is Crown lands under the jurisdiction of the provincial government: and the D'^miniou authorities have io that case no authority to deal with it at all. The objection to the lease is not wholly because a saw-mill is to bo erected, but because it is a wite most admirably adapted ibr a largo dry dock, and which for the purpose of the lapid increase in the shipping of the port must in no distant day bo constructed. 26 A. 1899 Stanley Park and Deadman's Island. 1899. n of years DthuUimo ove of the 1899. We also strongly object to the method in which tuo lease was secured fiom the exeonlive of the Dominion govornment. The lease was issued without giving va an opportunity to express our views on the matter and the tirst that we knew of the deal was an announcement in the news- paper that it had been granted. I send you a copy of the World newspaper which was published on the day the news became known and which gives copies of letters roceivod by the council in connection with the matter. I hope you will report to the authorities the facts of the case. The sum of $500 per annum, it may bo pointed out, is an r together inadequate annual rent for the valuable rights given by the lease. The 7J acres at a moderate estimate is worth from $75,000 to $U)0,OOU. Yours very truly, JAMES F. GARDEN, Mayor. ark drawn obliged if Clerk. 1899. The Canadian Bank op Commerce, Vancodvbr, BC, 27lh February, I8it9. Theodore Ludqats, Fmq., 727 Hornby St., Vancouver, B.C. Dear Sib, — I beg to state that a credit to the extent of $100,000 has been estab- lished in your favour in this bank, to be availed of in the construction of a saw-mill here. I am directed to intimate also that this credit will be increased to $200,000 or more, if necessary. YourB truly, H. H. MORRIS, Manager. 887, under i known as T. Maxwell ,0 deal with in Council, jovornment •poses as is 11 company »s occupied ) main land our olaimf is part of it. ioria, of the Hiners it is id, and it is govei-nment iurisdiotion lat case no erected, but hich for the stant day bo Hon. F. W. Borden, Minister of Militia, Ottawa. Vancodver, B.C., 1st March, 1899. Dear Sir, — With regard lo the lease of the property known as Deadman's Island to the Vancouver Lumber Company ; as you are aware there has been a great deal of public dif^cussion in (his city as to the course adopted by your department in the matter. One point that has been raised is as to the ettect of an Order in Council dated the 8ih day of June, 1887, a copy which I inclose. It is contended that the description of the p:oporty in this Order in Council includes all the naval reserve, and if so, it would include Dondman's Island. 1 understand, however, that it was not considered at the time of the passing of the Order in Council by the city that they wore to got Headman's Island, because at that time it was thought that that island belonged to the local government. I would Huggost on behalf of the Vancouver Lumber Companj- thai it would be well Lo rescind the said Order in Council and pa^s a new one confining same to S'anley Park proper, which I would define as being all the navul reserve excepting Deadman's Island. There was, I understand, no formal lease i ver executed in favour of the city. I understand that a deputation is leaving here to-day to interview you with regard to this matter. This will reach you a tiay later than they do, and I am wiring you to-day to wait to see this letter. Yours truly, JOSEPH MARTIN. 27 62 Victoria. Sessional Papers (No. 68a.) A. 1899 I'o-utMoN Lands Office. New WESTMtNSTEB, B.C., 3rd Murch, 1899 Eo Head Office File 603273. The Secretary, Dopartment of the Interior, Ottawa, Ont. Sir, — Reforring to my letter of the 25th ultimo, No. 23908, in the matter of Deadraan'H Island an -lication for saw mill site, I beg to inclose a letter which I bave received from M' . James F. Garden, mayor of the city of Vancouver, together with copy of the Vancouver World newspaper of the 21st of February received from Mr. Garden, and containing some other correspondence in the matter to that date. I understand that a delegation repie^onling some of the interests in Vancouver has already gone to Ottawa to oppose the granting of the lease. A groat deal of newspaper reporting of meetings, etc., has been published, ami, if necessary, copies may be secured from the several newspaper offices of Vancouver. I have the honour to be, sir. Your obedient servant, JOHN McKENZIE, Agent Dominion Lands. Ottawa, 9th March, 1899. Eight Honourable SiR Wilfrid Laurier, Promiei- and President of tlio Privy Council. Sib, — In reference to the interview held with yourself and other members of the government lust Tui-sday, relative to the lease of Dead man's Island by the govorn- roent for 8:iw rnili purposes, at your request, the delegates representing the citizens of Vancouver herewitli ^ubmit a statement of their case: 1. That in 1863 a survey was made of the peninsula now known as Stanley Park, and it was set a-ide as a military and naval loserve.said reserve being bounded on the west by English B.iy and on the east by Burrard Inlet. 2. The surve} mado of this block of land, the original field notes, tracings and ti averse of the inlet. &c.. which weie produced by the delegates and accompany this statement and marked X, demonstrate that the aforesaid reservation embraces the who'e of the said Stanlej' Park, including that portion known as Doadman's island, but which may be more properly designated a peninsula. 3. That at the request of the mayor, aldermen and citizens of the city of Van- couver, on the 8th day of June, A„D. 1887, an Order in Council was issued granting to the city of Vancouver the use of the aforesaid reservation for park purposes upon siipulalions named in the said Order in Council, and to be held as such by the citizens of Vancouver until such time as the said reservation should bo required lor military or naval purposes. See the following letters: — Department of Militia and DiiKENcJi, Ottawa. 12th July, 1887. Sir, — With reference to the petition of the corporation of the city of Vancouvei, for a grant of the military reserve at that place for the purpose of a park, I have now the honour by direction of the Minister of Militia and Defence to transmit to yon the inclosed copy of an Order in Council, granting the desired privilege under ccr- ain conditions. A copy of the Order in Council has also boon forwarded to the Deputy Adjutant General in command of Military District No, 11, for his informa- tion and guidance. I have, (Sec, C. E. PANET, Colonel. Deputy Minister of Militia and Defence. 28 I A. 1899 ch. 1899 e matter of tor which I sr, together •y rocoivod tier to that Vancouver liflhed, anil, Vancouvci'. Landp. •ch, 1899. mbers of the the govern- : the citizens 1 as Stanley singboundcHl tracings ami iompany this on embraces ,8 Dead man's city of Van- uod grunting ur poses u pon 8uch bv the required tor «!, ly, 1887. )f Vancoiivei', c, I have now nsmit to you ge under ccr- arded to tho his informu- 3l. Defence. Stanley Park and Deadman's Island. FULL TEXT OP THE ORDER IN COUNCIL. Copt of a report of a committee of the Honourable the Privy Council, approved by His Excellency the Governor General in Council, on the Hth June, 1887 ; On a report dated 10th May, 1887, from the Minister of Militia and Defence, stating that he has had under conHideration a petition of the mayor and alderman of the city of Vancouver, B.C., praying that the Dominion government military re- serve near the First NanowH, bounded on the west by English Bay, and on the east by Burrard Inlet, may be handed over to the said corporation for use as a park. The minister reports that be seeo no objection to this pr^ponai, provided the corpora- tion keeps the park in proper order, and the Dominion government retain a right to resume the properly when required at any time. The min» ister further states that ho does not deem it advisable to recommend that this property be transferred to class 2 as not available for mili- tary use, as he is of opinion that it will be required for miliiarv purposes, and until this, he recommends that the corporation have the use of the same as a park, (>ubjent to the provisions pientioned. The committee advises that the Minister of Militia and Defence be authorized to take the necessary steps for carr3'ing the same into effect. JOHN J. McGEE, Clerk of the Privy Council. 4. That on the 9th day of March, A.D. 1888, tho city communicated with Sir A. P. Caron, Minister of Militia and Defence, asking for information as to the character of the title which would be given to the city, relating to the lands named in the Order in Council, and in response thereto was informed that no other title could be furnished than the said Order in Council and officially furnished to th& city council. See the following letters: — Vaxcouvbr, Dlh March, 1888. Hon. Sir A. P. Caron. K.C.M.G., Minister of Militia and Defence, Ottawa. Sib, — On tho 12ih July, ^887, a roinmunication was received by the mayor of this city from the Depnrti er ^f Militia and Defence, informing him that by Order in Council, dated 8th Juno, itt87, permission was given to the corporation of the city of Vancouver, to use the Dominion government military reserve within the limits of the said corporation for a public park. Said order further notitied you to take the necessary steps to carry its provi- sions into I fleet, but nothing has since been done in the matter. What will be the character of the title of said lands, given to the city? A lease for a long period, subject to tho conditions of tho Order in Council will be. I pro>umo, tho mole of conveyance. Where will tho necessary document bo propiired, and if by the department, how soon may it be cxpcoled? It will oo difficult for the corporation to deal with persons trespassing on said retervo, or to keep it in proper order, until they can show their right to same, and I doubt if an Order in Council would suffice. I have, &c,, TUOS. F. McGUIGAN, City Clerk. Department op Militia and Defence, Ottawa, 26th January, 1889. Sir, — I have the honour by direction of tho Minister of Militia and Defence, to inform you that the two proposiiions made in the letters of yourself and the city 29 62 Victoria. Sessional Papers (No. GSa.) A 1899 clerk of Vancouver, dated respectively 9th Murch, 1888, and 9tb January, 18b9, bavo received due coneideration, and have been decided upon as follows: (1) Witli reference to the city clerk's inquiry what title will be given to the city of the lands which the corporation is permitted to occupy as a park, I am to stale that no other document can be famished than the copy of the Order in Council of 8th June, 1887, officially furnished to yon by this department. (2) As regards the request of thu corporation for a grant on account of sums already expended in improving the property, and for an annual grant for a similar purpose in future, the minister regrets that there are no funds available for any such purpose. I have, &c., C. E. PANBT, Colonel, Deputy Minister of Militia and Defence. 5. That relying upon the Oi-dor in Council and correspondence with the govern- ment, and in order to comply with stipulations in the Order in Council, the corpora- tion of the city of Vancouver by by-laws raised a considerable sum of money, to be expended in the making of roads, construction of bridges, including a bridge landing oil to Deadman's Island, and trails thereon, culverts and paths through other portions of the reserve. The total expenditure incurred in connection with Stanley Park since the Order in Council was passed up to the present time amounts to one hundred thousand dollars (1100,000). For the present year (1899) the sum of six thousand iivo hundred dollars ($6,500) is included in the civic estiratos for expenditure om improvements in said park. 6. As showing that the city of Vancouver has always regarded Deadman'u Ishind as a portion of Stanley Park, we herewith submit an extract from the inaugural address, delivered by His Worship Mayor Ophonheiraer, on the 6th of January, A. D. 1891, it being his third term in succession of that office — in reviewing the work of the previous year, under the heading of " parks and drives," said : During the past year a considerable amount of work has been done on some of the city parks. In Stanley Park the grounds leased to the Brockton Point Athletic Association, have been cleared, levelled and fenced. A bridge has been built to Deadman's Island and several new trails have been oonstruoted in order to make more accessible and acceptable the beautiful spots in that lovely demesne. 7. The expenditure on the Deadman's Island section of Stanley Park ha« been greater in proportion to its dimensions than any other portion, excepting the recrea- tion grounds and around the neighbourhood of the Zoo and flowers gardens. 8. The request of the city council transmitted in August last through His Excellency the Governor General, the Earl of Aberdeen, and Mr. Maxwell, represent- ativo for Burrard district, was not made because the city believed its title to the lands for the use of park purposes to bo defective, but that the city might be vested with the power to evict squatters and abate nuisance. See resolution of city council and letter of Minister of Militia, as follows: — Whereas the reserve being 950 acres, known as Stanley Park, situated to the west of the city is believed to be vested in the Dominion Government : And whereas by a certain Order in Council, dated the 8th of June, 1887, tiio said reserve was banded over to the corporation of the city of Vancouver for use us a park subject to the right of the Dominion government to resume the properly when required at any time and subject to the city keeping the same in the proper order. And whereas the corporation of the city of Vancouver have no powers vestcil in it further than the right to uee the said reserve as a park : And whereas there are a number of small dwellings of a very undesirable ^tharacter existing on the foreshore and other parts of the said park, harbouring squatters, undesirable characters such being detrimental to the interests of the public and unsightly ; 80 A 1899 luary, 1889, : (1) With of the lands lat DO othei' June, 1887, ^uest of thu proving the he minister )efeDoe. the govern- the corpora- noney, to be idge landing her portions Itanley Park one hundred jix thousand pendtturo on I Deadman'ti ot from the m the 5th of in reviewin;,' ," said : e oil some of Assooiation, Is have been Liful spots in ark haa been g the reoreii- dens. through His II, represent- ts title to the jht be vested bllowB : — uated to the ine, 1887, the rev for use iis the properly n the proper owers vested undesirable i, harbouriiii,' of the public Stanley Pcirk and Deadman's Island. And whereas there is now no power vested in the corporation to prevent the continuance of the r.uisanues that exist and the usefulnoRS to the public of the park is seriously affected thereby and in consequence whereof the citizens cannot use the park to the same advantage as they could were such nuisances repressed, and there always exists a great danger of fire destroying the trees and beauty of the park unless control is vested in the city ; And whereas the city has expended the sum of $100,000 in making roads and annually improving the park; And whereas the city annually expends a large sum in improvements therein ; Be it therefore resolved that it is in the interests of the city and the publi c generally that powers be vested in the city that would enable the corporation to put an end to the nuisances that do now exist and to prevent the occurrence of them in the future. That in order to place the corporation in such a position that it would te authorized to further improve the park and keep the same more strictly as a park Fnd for the use and benefit of the public generally, a petition be forwarded to the Honourable the Minister of Militia and Defence praying that an Order in Council be parsed vesting the said reserve in the corporation to he held in trust as a public park and such deed or trust should confer on the baid corporation all the necessary powers to evict trespassers, remove undesirable buildings and prevent nuisances and all powers that may be deemed necessary to empower the said corporation to keep and preserve the reserve as a park for the city. Canning, N.S., 3rd September, 1898. My Diab Maxwell, — With reference again to your letter of the 16th ultimo, I have looked over the matter and find that no lease was ever given to the city of Vancouver by the Dominion government. The authority is simply contained in a'l Order in Council. I am advised that the department might give a lease for twenty- one years, renewable, under which the city would have the power they desire. The government would of course reserve the right to take possession, if necessary, for military purposes, and would put in a clause in the lease holding the department harmless from any trouble which might arise from dispossessing the squatters referred to. If this wi'il satisfy the city authorities, I shall be very glad to have it carried out as soon as possible. Will you kindly ascertain and lot we know. Yours very truly, F. W. BOBDEN. 9. When pare of Stanley Park was required for lighthouse purposes by the Department of Marine and Fisheries such dopaitment always recognized tho fact that the property is held by the city of Vanoooi^er under the terms of the Order in Council, and that no part thereof could bo intorfoied with except by the consent of the city oi' Vancouver a'd the Department of Militia and Dofenuo. 10. We desire specially to direct the attention of the government to the letter of the Departinent of the Interior to the city clerk, dated 3rd February, 1899, inclosing the reply of said department to an application of Mesisrs. Davis, Marbhall and MacNoill for the purchase on behalf of a client of Deadman's Island and the city's reply thereto. These are as follows : — Ottawa, 3rd February, 1899. Tho City Clerk, Vancouver, B.C. Sir, — I am dirocu>d to send you herewith a copy of a communication which has been addressed by tho ujpartment to Messrs. Davis, Marshall and MacNoill of Van- couver in reply to an application from that firm to purchase, un behalf of a client, Deadman's Island, situated in Vancouver Harbour. I am to ask that you will be 31 62 Victoria. Sessional Papers (No. G8a.) A. 189!) ^ood enough to isubmit the application in ciuoslion to lii" m:iyor and corporation of Vancouver, for an expression of their views thereon, mid to kindly advise the Department of the result. I am, &c., LYNDWUDE PEREIKa. Messrs. Davis, Marshall and MacNeill. Ottawa, 3rd February, 1899. Gkntlbmbn, — I am directed io acknowledge your letter of the 13th ult., slating that a client of yours desires to purchase, if possible, Deadmun's Island, situated in Vancouver harbour, near Stanley Park, for the purpose of mill site. In reply, I am to say that it cannot be ascertainoil from the maps in the department that any such island as ihat exists in Vancouver harbour, but there is an island which seems to be identical with Deadman's Island just oti the shore of Stanley Park. This island, along with tho lands surrounding the harbour, at one time formed what is known as the naval reserve, made by the imperial government and handed over to Canada, A.S the poition of the point upon which Stanley Park is situated is stilt the property of tho Dominion, and as the island forms a part of this property, it could not well be disposed o>', even were the department inclined to grant the application you now make. However, if you will furnish more definite information on tho subject, I am to say that the matter will receive further consideration. Your ( bedient set vant, LYNDWODE PEREIRA, Atsistant Secretary. To the Secretary, Department of the Interior, Ottawa. Vancouveb, 22nd February, 1809. Sib, — In reply to your communication of the 3rd February, the council of the city has considered the subject matter of tho communication and also tho copy of a letter written to Messrs. Davis, Marshall and MucXeiil by the assistant secretary, dated 3rd February, 1899, and beg to point out that the area of land referied to, known as Deadman's Island, is, as stated in your communication, part of the naval or military reserve and forms part of the property known as Stanley Park, and in at low water absolutely connected and part of tho park enjoyed by the public. That by an Order in Council, dated the 8lh ilay of .June, 1887, this property was granted to the corporation of Ihn city of Vancouver for use as a public paik. That tho city has since that date occupied the said properly and spent considerable money in the improvement thereof. That the said property is now being us sd and enjoyed by the public of the city as a public park, it being the best and only park available for the public. That numbers of citizens on Sundays and public holidays enjoy recreation and open air in the park. That it has always been oonfiidorol by the cit}' and approvec' of by various members of the Crown that tho said Older in Council by virtue of which the park was handed over to the city was a suflicit nt and reliable tenure of the lands to be held by the city, and owing to such assurances from lime to time so given the public have been satisfied and content in expending moneys for the improvement thereof, and that the use of the park by them would not be interfered with unless it became necessary to do so for military purposes only. That the park is now tho properly of the Dominion of Canada aa a military reserve. 32 Jambs Ci island A. 1899 Stanley Park and Deadman's Island. )oration of adviso the Hi iA. 1899. It., staling bituatod in reply, I am t any sucb leoms to be !hi.s island, known as to Canada, le property dd not well cation you the eubjtcl, A, relaiy, r, 1899. uncil of iho 10 copy of a t secretary, lefened to, )t' the naval Park, and is )ublic. ia property public paiU. jonsiderable 5 of the city ;reation and f by various ch the park ! lands to be n the public lent thoi-eot', 388 it became 18 a militai y That the city of Vancouver holds under the said Order in Council all the rights over the property held by the Dominion of Canada subject only to its resumption for military purposes. That the property being so held by the city cannot be and should not be dealt with except under the Order in Council, that is, when required for military purposes. That when part of this property has boon used for lighthouae purposes by the Department of Marine and Fisheries such department and the council have always recognized the fact that the property is held by the city under the above Order in Council and that no part of it could be interfered with except by permission of the city and the Department of Militia. That during such undisturbed occupancy by the city since June of 1887 certain parties built shacks and became trespassers on portions of this property particularly on that portion known as Deadman's Island. That in the opinion of the council of the city and on the suggestion of Hia Ex- cellency the then Governor General it was considered desirable that such acts of trespass on the property by unauthorized persons should be stopped and these persons ejected. In consequence thereof the council forwarded in August, 1898, to the Department of Militia aud Defence a resolution of the council asking that the said park should be vested in the corporation so that the corporation would be placed in a legal position to take proceedings against trespassers. That in consequence of such resolution the Honourabfo the Minister of Militia wrote on the 3rd September, 1898, to the member for Burrard that he approved of a lease being granted and would be happy to see it carried out. That the council of the said city on receipt of the above communication from the Minister of Militia felt satisfied that a lease would be granted, and expected to receive such a lease. That a lease has been drawn and forwarded to the Minister of Militia with a request that it be executed. That as the Minister of Militia agreed to give a lease it was anticipated that one would be forwarded. That it was never contemplated that any other disposition of the park would be suggested after the correspondence that had passed. That the council receive the communication from your department with surprise. That it is of the greatest importance for the welfare and future of the city that this property should bo maintained as a public park. That, for the above reasons and that the interests of the city would be very materially injured by acceding to the request contained in your letter, the council on Monday, the 20th day of February, resolved that the following answer be sent to your communication: — "That the council is opposed to the granting of the request contained in the letter of the 3rd of February, l':i99, and is opposed to the operation of a saw-mill on Deadman's Island." I remain, sir. Your obedient servant, THOS. F. MoGUlGAN, City Clerk. 11. The city has not made use of the island as a cemetery as the following tele- gram from His Worship Mayor Garden will show: Vanoouvee, B.C., 8th March, 1899. James McQueen, Eussell House, Ottawa. City expended three hundred, cutting trail, besides bridge. City has not used jtiland as a cemetery. ^ JAMES F. GARDEN. 88 88a— 3 62 Victoria. Sessional Papers (No. 68a.) A. 1899 12. In reference to the morement for tho building of a dry dock, at the closu of 1890 and the beginning of 1891, the following extnict« from the by-law Hubmitted to the taxpayers will show that not only no reference waH made to the selection of Doadman's Island for the site of the dry dock and ai-senal, bat the terms of the by- law specified the limits within which the said dry dock and arsenal were to be con- structed, and which precluded Beadman's Island. See copy of extracts from by-law us follows : — CITY OP VANCOUVER. By-law relating to a bonus for the construction and maintenance of a graving dock and ship repairing yards for the city of Vancouver: Section 1 said by-law reads as follows : — That the said individual, individuals, or body corporate shall by the 30th day of August, 1891, commence the construction of a graving dock and ai-sonal for tho repairing of ships within the limits of the city of Vancouver between Barnaby Avenue and Chilco street. The cost of the construction and equipment of said grav- ing dock and arsenal for the repairs of ships shall amount to the sum of one million of dollars ($1,000,000). Advertised and forming a part of said by-law, section 2 is as follows : — That the said Henry Bell, Perry, Catbill de Long & Co., or the company by them to be formed, will construct the said graving dock of the following dimonHions, that is to say, six hundred (600) feet long, eighty (80) feot wide at the gates, with a depth of water of twenty-eight (28) feet on the sill, and of good substantial stone work in the most workmanlike and skilful manner with all the necessary applianccH for docking ships, on the south shore of fiurrard Inlet, , which was largely attended and thoroughly repre- sentative in its chaructt r, it was resolved that the opinion of this meeting Ib thoioughly averse to the leasing of Doadmnn's Island by the Federal government, as a site for a saw-mill or any other purpose. Tho island is within the limits of Stanloy Park, and the ciazons have always regarded it as part of the park in accordance with Order in Council pasned by the Federal government some time in 1887 ; and the locating of a saw-mill on Dead- man's Island would, in case of fire, be fraught with extreme danger to the whole park. Purther, having made improvements on tho island, the citizens feel that with the knowledge of these factn, the claim of the council and citizens to the island as r. part of Stanley Park should bo recognized. — Carried. A true copy. WILLIAM T. STEIN, Secretary. To Alderman McQcken, City. Vancodver, B. C, 28th Pebruary, 1899. SiB, — I beg to inclose a copy of the resolution passed at the monthly meeting of the executive committee of the Ari, Historical and Scientific Association, held yesterday afternoon. While sincerely desirous of promoting the industrial development of the city of Vancouver in every reasonable way, tho general committee of the Art Historical and Scientific Association are strongly opposed to the establishment of a saw-mill on Deadman's Island. Yours sincerely, H. J. DEFOREST, Secretary of tho Art, Historical and Scientific Association. Vancouver, Ist March, 1899. J. C. MoLAaAN, Esq., DisAR Sir, — ^Yours of 28th ult., received, asking me how a saw-mill on Dead- man's Island would aifoct the harbour of Vancouver. As Coal Harbour is confined to a limited space of anchorage and the safest in this harbour, I am of opinion that it would be dangerous and inconvenient to i^hips laying at anchor by continual float- ing booms and rafts, and also the only safe place to anchor small crafts and coasters. I am yours truly, )tic Club. MALCOLM MoLEOD, Harbour Master. 35 62 Victoria. Sessional Papers (No. 68a.) A. 1899 Fhid. Busoohbb, K»q., Vancouver. Vancouver, B. C, Ist March, 1899. Dear Sir, — Ah you are going to Ottawa with the deputation of citizouH leaving to-day to protost againHt alienation of any part of Stanley Park for commercial pur- poHOH, and more particularly against the proposed leaHe to Mr. Theodore Ludgato, for a eaw-mill site, you will please net at the name lime for the Brockton Point Athletic Club, and in its name do everything poHHible to prevent this action. Being a member of the committee of the club, you are familiar with its objects and the work it hag acoomplishod, and can forcibly point out to the Minister of Militia the serious objections that exist to the establishment of such an industry within the park limits. Yours truly, C. S. SWEKNEY, Chairman. 1. S. C. SAUNDERS, Hon. Secy. Department op the Intkrior, Ottawa, 11th March, 1899. Lieutenant Colonel Pinault, Deputy Minister of Milu "nd Defence, Ottawa. Sir, — With further reference to the matter ot ^^^eadman's Island, 1 am directed to transfer to the Department of Militia and Defence, the inclosed papers relating to this subject, namely : — (1.) — Letter from Mr. John McKenzie, the agent of this department at New Westminster, dated the 3rd instant, together with the state*! inciosures therein, being — (2.) — Letter from Mr. James Gardon, Tnfi/i r of Vancouver, dated 25th Febru- ary, 1899, and (3.) — A copy of the Vancouver Wor^'. it wspaper of the iSlst ultimo. 1 have the honour to be, sir. Your obedient servant, FRANK HALL. Department of Justice, Ottawa, 14th April, 1899. The Deputy Minister of Militia and Defence, Ottawa. Sir, — I have the honour to acknowledge the receipt of your letters of th">3 24th and 29th ultimo, in which you ask for my opinion upon certain questions with respect to the reserve for military and naval purposes at or in the vicinity of Vancou- ver, B.O As to tho first question stated in your letter of the 24th ultimo, namely: — Wan the piopeny ever transferred by the Imperial government to British Colnmbia before confederation ? I beg to state that it does not appear from the papers sub- mitted and from the researches made in 1888 by Messrs. Drake, Jackson and Helm- cken, the then agents of this department, that there was any actual transfer. Tho title to the public lands of British Columbia is, and always has been, in the Crown, " but the right to administer and dispose of the (ordinary) Crown lands to settlers, together with all royal and territorial revenues arising therefrom had been trans- ferred to the province before its admission into the federal union." So it is stated in the judgment of the Judicial Committee of the Privy Council in the Precious Metals Case, and, I think, that the Imperial legislation affecting such lands, which 36 A. 1899 , 1899. 0118 leaving lorcial pui- ro Ludgato, kton Point ion. its objoctH Minister of in industry in. Secy. >, 1899. am directed ers relating lent at Now res therein, 25th Febru- HALL. 1. 1899. I of tb>) 24th BStions witii y of Vancou- mely: — Wa« lb Columbia I papers sub- n and Heim- •ansfer. The I the Crown, s to settlei'B, 1 been trana- o it is stated the Precious lands, which Stanley Park and Iteadman's Lsland. is referred to in the report of MesBrs. Drake, Jackson and Ilolmckon, munt bo taken to have recognized and confirmed such a right on the part of the Province. The lands now in quention, however, are not ordinary Crown lands. They were Apparently rowoi ved by the Imperial authorities for Imperial purposes, and it may well bo doubted whether they were affected by the legislation referred to. In order to como to a docihion upon that point, the time and manner of their firnt reser- vation and the object of it would require to be conHidercd, and the information before me as to these particulars is not nufflcient to enable me to form an opinion. The lands in question were not, so far as appears, transferred to the colony in any other way. 2. For the name reason I am unable to form any confident opinion upon the second question in your lett"'* of the 24th ultimo, namely: Who is the actual owner of this Imperial property, and in virtue of what titles or Acts of Parliament? If the reserve belongs to Canada, it must be under section 108 of "The British North America Act," and item either 9 or 10 of the schedule therein roferrq*! to,t. e., either as ordnance property or .is lands set apart for general public purposes. It would not, however, be the property of Canada by virtue of that .section unless at the time of the union it was the property of the province. 3. As to the first question in ycT letter of the 29th ultimo, namely, " Is Dead- man's Island embraced in the resei covered by the Order in Council of the 8th Jane, 1887 ?" there is no information m the papers sent by you or in Messrs. Drake, Jackson and Helmcketi's report or the papers which accompanied it, which would enable me to form an opinion upon this point. In a letter which Mr. (remmill, acting on behalf of the city of Vancouver, has written to your minister, dated 23rd ultimo, he refers to plans of the reserve which ho states have been deposited with the Prime Minister. These I have net seen, and it is possible that they might throw someiight upon the question. Mr. <^emmill refers to the lands in question, includ- ing Deadman's Island, as having been constituted a reserve for military and naval purposes. In your letter of tho 24th ultimo you refer to the property including the island as having been " formerly an Imperial naval reserve," and in the Order in Council of 8th June, 1887, the property handed over to the city as a park is describ- ed as the Dominion government military reserve." If it can be shown, as I under- stand may L*^ the cane, that the island was sot apart as a naval reserve, that would go a long way towards showing that only the parcel on the mainland was intetided to be handed over to the city. 4. As to tho second question in that letter, viz.: "Is the lease granted to T. Ludgate by the government legal and valid ?" I may say that this question depends to some extent upon the answer to tho preceding ones. Assuming, however, that Canada has a good title to these lands, the authority of the Governor in Council would be necessary to the validity of such a lease. It does not appear from the papers whether any such authority was obtained before a lease was executed. I may state further that the Act respecting Ordnance and Admiralty lands has no application to lands in question, that Act dealing only with the lands in the older provinces which are specified in the schedule to the Act. If the government can dispose of them it is only by virtue of the royal prerogative, or under section 3 of chapter 26 of the Statues of 1894. Papers returned herewith. I have the honour to be, sir. Your obedient servant, B. L. NEWCOMBB, Deputy Minister of Justice. 37 62 Victoria. Sessional Papers (No. 68a.) A. 1899 The Depoty Minister of Justice. Ottawa. VicTOBiA, B.C., 28th May, 1896. Ee Naval and Militia Reserye, B.C. Re Dbadman's Island, Vancouvke. Sir, — We have the honour to report that on receipt of your instructions of the 20th instant herein we at once communicated with the Honourable the Premier, notifying him of the inbtruclions which we had received trotn you, and askini^ whether some ariangement could not bo arrived at whereby the lease of Deadman'u Island was considered by the Dominion government to be of great value in con- nection with the defences of the city of Vancouver, and that it was desirable that this matter should be unencumbered with the question of a lease. During the course of the day we ascertained the tact to be that a leat^e had actually been executed in favour of a company, which refused to accept the same on the groands that the terms therein inserted were too onerous. The Ilonoiirable the Premier notified us in writing that he would be glad to see us at 12 o'clock to-day. Our Mr. Ilelmckou attended at the hour appointed and had the honour to meet the Executive Council. The matt";- was discussed, and inasmuch as the company had lefused to accept the lease which had been granted in its favour by the provincial government, and as the provlcsial government could not reasonably refuse to accede to the request of the Dominion government, the executive at once agreed that it would be in the interests of the province that the island should bo reserved at once, and that all negotiations between the government and the proposed company should bo considered at an end. We have written to the government asking them to reserve the place at once. We wired you to-day as follows: " Provincial govoinmont has agreed to reserve Beadman's Island, Vancouver, for defensive purposes," which we now beg to confirm. We have the honour to be, sir, Your obedient servant, DRAKl:;, JACKSON & HBLMCKEN. Victoria, \i.G., 28th December, 1888. To the Honourable The Minister of Justice, Ottawa. Sir, — With respect to the reserves in British Columbia, wo beg to report a& follows : — First, with respect to Vancouver Island. The Hudson Bay Company, by a charter from the Imperial government, dated 13th January, 1849, held the island for the purposes inter alia of settlement, with power to make sales of lands, except so much as might bo required for public purposes, or for the formation of naval establishments. Under this charter down to 1858, the company dealt with the island lands. In that year by an arrangement between the government and that company, the lands were sold by the colonial surveyor with the understanding that the proceeds were to be accounted for under the charter ; and on the 3rd of April, 1867, the Imperial government paid in full settlement of all the company's demandn the sum of $57,500, and by that deed the lands reverted to the Crown as from Ut January, 1862. A number of reserves have been made, some by the Hudson Bay Company and some by the colonial government. A list of which is sot out in Appendix A which is a copy of a return made by the then chief commissioner of lands and worlis to the house of assembly in the year 1873. These reserves are mostly still in existon"c, and on the union of the oolonies of Vancouver Island with British Columbia under the Imperial Statute of 6th August, 1866, nothing was enacted with respect to the lands or reserves. 38 A. 1899 1896. ions of the B Premier, :ind askini; Deadman's lue in con- lirablo that r the course )xecuted in Is that the notified us . IIelrackei\ ive Council. y accept tlio t, and as the [uest of the the interests negotiations d at an end. laoe at once. d to reserve g to confirm. :CKEN. ir, 1888. to report as mpany, by a Id the island ands, except ion of naval ith the island lat company, landing that }rd of April, ny'fl demands as from lut ay Company Appendix A ds and woilw he jolonies of f 6th Augngt, Stanley Park and Deadman's Island. Secondly, with regard to the colony of British Columbia. This colony was established as a Crown colony, (nee 21 and 22 Vic, cap. 99) and in September, 18.58, an Imperial proclamation was issued authorizing the gov- ernment to provide for the administration of justice and government in British Columbia. < The Governor of British Columbia from time to time set out reserves in British Columbia for public purposes which are also defined in Appendix A, There is no Act, proclamation or ordinance, which we have been able to dis- cover by which the proprietorship of land on the mainland or island has been trans- ferred to the colonies of British Columbia; but by Imperial Act 28 and 29 Vic, cap. 63, " An Act to remove doubts as to the validity of Colonial Laws," it may be reasonably hold that all Colonial Acta relating to land, not disallowed, practically admitted the right of colonial legislatures to deal with the Crown lands. The British government from time to time passed ordinances relating to the Crown lands of the provinces, but nowhere is ihero any reference to the reserves which had been made while the colonies were Crown colonies. A list of these ordinances is appended. When British Columbia was admitted in-/ the union, IfJth Mav, 1871, under section 10 of the terms of the union, the British North America Act of 1867 was made applicable to Brit.sh Columbia in the like way and to the same extent as the said Act applied to other provinces, and as if British Columbia had been one of the provinces originally united by the said Act. By section 109 of the said Act all lands, etc., belonging to the several provinces should'belong to the several piovinces subject to any trusts existing in respect there- of and to any interest other than that of the province in the same. And by section 108 the public works and property of each province enumerated in the third schedule should bo the property of Canada. To us it appears questionable whether iho province acquired under the British North America Act on confederation, title to any land, the 109th section having reference onl}' to lands belonging lo and not those situated in the province, and if it did, onr view of the roscrvos is this: thjtt all reserves for public purposes made while the colonies were under the Orown did not bolong to the province on confed- eration. They fall into the catego-y of lands in respect of which an interest other than that of the province existed therein. What strengthens this contention is that under the 3rd schedule of the British North America Act, clause 10, landa set apart for general public purposes are handed over to the Dominion. This position, wo understand is repudiated by the govern- ment of this province, and the ground taken is that the words must be treated as having reference to the preceding terms, i.e , !irmoarioB, drill sheds, military clothing and munitions of war, and cs British Columbia had no armouries, drill sheds, «S;c., the goverp»ii»''t claim that no reserves passed to the Dominion. This is a proposition which ''• .ced not now discuss further than referring to it as apparently being the chief grounds of the contention of the province, adverse to the Dominion claim. We may further point out that during the Crown colony times the Imperial government made charts of the waters of Vancouver island an 1 British Columbia, and the officers engaged in such employment marked off various places as govern- ment reserves, which reserves appear on the charts, and .^re marked in the appendix A as permanent reserves. As tlio lands were Crown lauds at the time of the reservations it is tuibmittod that those reaorves were lawfully made without any special reference to the local government. In referring to tlio various Acts, proclamationii i,nd Orders in Council relating to these coIoni"s, a list of which for reference wo send, we woulil draw attention to the Act 1 Wiiiiam 4th, cap. 2tt, "An Act for the support of His Majesty's House- hold, and of the honour and dignity cf the Crown of the United Kingdom." This Act purported to dea' with the revenues of the Crown, including the proceeds ot the Crown lands sold. The Act 15 and 16 Vic. 39 : "An Act to remove doubts as to the lands and casual revenues of the Crown in the colonies and foreign possessions," whereby it was enaoted that the Act of 1 39 62 Victoria. Sessional Papers (No. G8a.) A 189 William A. cap. 25, did not apply to lands in the colonies, and that the colonies were at liberty to appropriate the revenues for colonial purposes ; and also to the Act 3 and 4 Vic., cap. 78, relating to clergy reserves in Canada, and the Act 16 and 17 Vic, cap. 21: "An Act to authorize the Legislature of the Province of Canada to make provisions concerning the clergy reserves in that province and the proceeds thereof." These Acts taken together show that it required Imperial legislation to deal with colony lands, and such lands could only be dealt with by the colonies .J far as they were authorized by Imperial legislative enactment, and any lands not so dealt with remain in the absolute possession of the Crown, and still belong to the Crown and not to the province. It is to be remarked that the list of province reserves made out by the then Chief Commissioner of Lands and Works in 1873 is made out from the records of ih.-, Land Office; and there appears to be no special order by the Governor, or prooii mation setting the lands apart as reserves ; they are simply entered in the Lanu Office book and memoranda as government reserves. We submit above for your consideration. And we have the honour to be, &c., DRAKE, JACKSON & HELMCKEE. Lands and Wobks Depabtmknt, Victoria, 22nd April, 1899. The Hon. F. W. Borden, Minister of Militia and Defence, Ottawa. Sib, — I notice in the reports in the newspapers it is stated that you have decided the dispute over the lease of Doadraan's Island, in Burrard Inlet, on the ground that the island was a " naval " reserve while the adjacent portion of the mainland (now known as Stanley Park) was a " military " reserve. Might I ask you to be good enough to give me the data on which this decision, reported to have been given by you, is based? The agitation which has been aroused over the matter, has caused me to make some researches among the papers in this department (which is the one in which the documents relating to the matter would be found, if anywhore) and the result of the investigation is such as to lead me to ask you to afford this government the information which I have asked. I have tiie honour to be, sir, Your obedient servant, F. CARTKR COTTON, Chief Commissioner of Lands and Works. Lands and Works Dkpabtment, VioTORiA, 2nd May, 1899. Hon. F. W. Borden, Minister of Militia, Ottawa. Sib, — Since I had the honour to address you on the 22nd ul imo, af',)"^ ou to be good enough to furnish me with the data on which your docibion vr -.s baneil in regard to the so-called reserves on Burrard Inlet, comprised in wh^.c are known us Stanley Park and Doadman's Island, I have still further invo6tigat'f Stanley Park and Deadman's Island. land, known as Stanley Park and Deadman'g Island are the property of the Crown as represented by this provincial government. As mattei-s connected with the controversy between the corporation of Van- couver and Mr. Thoodoro Luij^ato over tho lease grunted by your department to the latter have assumed a norious iispect, and any further delay on the part of this government in asnerting what it conBiders to be its rights of ownership might be prejudicial to tho interoHtHof others as well as to tho^e of the province, I beg to inform 3'ou that an Chief Commissioner of Lands and Works I have formally taken por^egsion of Deadman's Island on behalf of this government and have instructed my ifScials to permit no intorferoiice with or trespaHs on the property by any one. I have the honour to be, sir, • Your obedient servant, F. CAETEE COTTON, Chief Commissioner of Lands and Works. (Telegrams.) Victoria, B. C, 5th May, 1899. Hon. F. W. Boh DEN, Minister of Militia, Ottawa. Provincial government satisfied Stanley Park including Deadman's Island belongs to them. Will Dominion government relinqaish their claim in our favour? JOS. MAETIN. Ottawa, 5th May, 1899. Hon. J*^ ; !' 1 Martin, i\t. M icy General, Victoria, B, C. Irnpc v'-ie io reply until grounds upon which you base your opinion are furnished tc !iip government. F. W. BOEDEN. Departmfnt of Militia and Defence, Ottawa, 12th May, 1899. Hon. F. CARTEa Cotton, Chie^ Commissioner of Lands and Workn, Victoria, B. C. ;^,-— In reply to your letters of the 22nd ultimo, and 2nd instant, addressed to tl V^'} 'Durable the Minister, I hardly consider it necessary to tell you that all naval and : ;'f iry reserves are now the property of the Dominion of Canada; Stanley Park 4., 1 Detiuman's Island are without the slightest doubt military and naval reserves, and as such are Dominion property. The Dominion government has been in peaceable possession of that reserve since a great number of years. In 1887, it exercised its rights of ownership in passing an Order in Council, granting to the city of Vancouver permission to use a part of this property for park purposes. This possession has been undisput-ei for many years before 1887. I am at a loss to understand how yon can now claim to be the proprietor and take poBsession of the same, on behalf of your government, without any legal proceedings. The Dominion government is the dnly recognized pi-oprietf^r, and it intends to i-emain in possession and maintain its rights as snoh. It might perhnps lead to more speedy and friendly conclusions if you woa'd be good enough to advise ua as to the nature of titles under which you lay claim tj the property in question, •;8a — i 41 62 Victoria. Sessional Papers (No. 6 8 a.) A. 1899 Meanwhile I think it right to inform you that it ia the intention of the Dom< iuion government to vindioule its rights in the premises, and to remain in po>bebi;ion until decided to the contrary by competent authot-ity or by mutual consent. T feel disposed to believe that everything can be settled amicably between the two governments and without any friction whntover. I have the honour to be, sir. Your obedient servant, L. F. PINAULT. Lt.-Col.. Deputy Minister of Militia and Defence. DSPABTMBNT OF MiLITIA AND DiilFENOB, Ottawa, 29th May, 18.^*. The Honourable The Minister of Militia and Defence, Ottawa. The following statement is taken from the journal of the legislative assembly of British Columbia, December, 1872, to February, 1873 : — " Grovernment reserves : South of first Narrows, Burrard Inlet kept for military purpose, 950 acres, commanding entrance to Burrard Inlet." There are other papers and correspondence with the admiralty, but they refer to naval rei-erves. Stanley Park site and Doadmun's Island being mil itury reserves are not mentioned therein. L. F. PINAULT, Lt.-Co!., Deputy Minister of Militia and Defence. Department of Militia and Defence, Ottawa, 15th April, 1899. Thos. F. McGuiuan, Ehq., City Clerk, Vancouver, B.C. Sib, — Having reference to the claim made by the corporation of Vancouver to Deadman'fl Island as part of Stanley Park, and the exercising by the above corpora- tion of jurisdiction over it, — I have the honour to inform your corporation, through you, that Deadman'M Island has never been considered by this department as in any way forming a por- tion of the military reserve granted to your corporation by Order in Council in 1887. On the contrary it has always been held as a separate reserve, subject to such disposition as the department might see fit to make of it. I have further the honour to inform you, that this department has granted & lease of this island to the Vancouver Lumber Company, of the city of Vancouver, said company to have, by virtue of its lease, full control of it for the purposes for which the lease was granted. I have the houour to he, sir, Tour obedient servant, L. F. FINAULT, Lt..Col. Deputy Minister of Militia and Defence. This Inobntcbe, made in duplicate the fourteenth day of February, in the year of our Lord one thousand eight hunf^red and ninety-nine, in pursuance of the Act respecting short forms of leases, between Her Majesty Queen Victoria, acting through the Honourable the Minister of Militia and Detianoe, the Honourah'" Frederick William Borden, of the city of Ottawa, in the province of Ontario and Dominion of Canada, of the first part, and the Vancouver Lumber Company, of tho city of Vancouver, in the province of British Columbia and Dominion of Canada, ot the second part. 42 A. 1899 Stanley Park and Deadman's Island. tho Doin* po.»beb8ion lit. etwoen the efence. 18.\f. isBetnblj of For military ; they refer ry roser ves 'efeDce. I, 1899. incouver to »ve corpora- Dead man's ming a por- ncilin 1887. eot to auch ,s granted a Vancouver, )urpose8 for )efence. , in the year a of the Act oria, acting Honourah'" Ontario ami )aiiy, of tho if Canada, ot WitnesBeth, that in consideration of the rents, covenants, and agreements here- inafter rebervbd and contained on the part of the said party of the second part, his executors, administrators or assigns to be paid, observed and performed, ho, the said party of tho first part, hath demised and leaded, and by these pre^^onls doth demise and lease unto the said party of the second part, his executor»i, adminietrators, and assigns, all that certain Island known as " Deadman's Island," situated in Coul Harbour, in Burrard Inlet, near the city ot Vancouver, in the province of British Columbia and Dominion of Canada, to be used as a lumbering location, with the right of erecting thereon u lumber plant and all such appliances as may be necessary for carrying on a general lumber business, including wharfs, etc. To have and to hold the said demised premises for and during the term of twenty-five years (renewable) to be computed from the first day of March, one thousand eight hundred and ninety-nine and from thenceforth noxt ensuing, and fully to be com- plete and ended at the expiry of said term, or until determined as hereinafter men- tioned, yielding and pa^'ing therefor, yearly, and every year during tho said term, unto the party of the first part, or his successors in office, the sum of five hundred (>500) dollars current money of the Dominion of Canada, to bo payable on tho fol- lowing days and times, that is to say, half-yearly, in each ami every yeiir during the continuance of the said term, without any deduction, defalcation, or abatement whatsoever, tho first of such payments to become due and bo made on the first day of September next, 1899. And the said leasee covenants with the said lessor to pay rent and to pay taxes, and to repair and to keep up fences; and that the said lessor may enter and view state of repair; and that the said lessee will repair according to notice, ac.d will not carry on any business that shall be deemed a nuisance on the said premises ; and will not assign or sub-lot the said leased premises, or any part thereof, without leave in writing from the party of the first part. The said lessees to have the right to cut down and remove such timber as may be necessary to provide space for the erection of all buildings in connection with their industry. Her Majesty's Men of War and Canadian Government vessels to have the right to use all wharfs con- strncted by the said lessees for coaling and watering purposes. And that he will leave the pi-em'ses in good repair; proviso for re-entry by the said party of the first part, on non-payment of rent, or non-performance of covenant. The said party of the first part covenants with the said party of the second part for quiet enjoyment. Provided always, and it is hereby agreed that this demise may bo determined, by either party giving to the other a notice thereof in writing months before the expiration of the firet or any subsequent , or tho said party of the first part may determine this demise at any time, by a demand of possession of the said leased premises, or any part thereof, if required for military or dofent>ive purposes, and the said lessees to have no claim for compensation for buildings erected or improvements made thereon. In witness thereof, the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered, by the party of the first part in presence of the undersigned witness. 3 D. A. Maodonald, Lt.-Col I F. W. BOBDBN, Minister of Militia and Defence. Signed, sealed and delivered, '^ by the party of the second part in presence > of the undersigned witness. ) F. E. Kniqht. 43 Theo. Ludqate, for The Vancouver Lumber Co. f)2 Victoria. Sessional Papers (No. 68a.) A. 1899 Lands and Works Dbpartmint, ViOTOBiA, 23rd May, 1899. Lieut.-Colonel L. F. Pivault, Deputy Minister ot Militia and Defence Ottawa, Out. Sir i have the honour to acknowledge the rsceipt of your letter of the 12th inRtant. , , . , o, • r. 1 1 In reply to the remarks therein in reference to thefilaim that Stanley I'urk and Deadman'rilhland are the property of the Dominion, I 2 to state that there is nothintr in the records of this dopartmoia which would h..v»w that such if the case. On the^contrary th»re is evidence that those tracts belong to the province. 1 have every confidence that upon investigation your government will acknow- ledge the correctness of the position assumed by this government, a position I may say which has been held by my predecessors in this department for many years. This government will be pleased to afford your government any information on the subject which it may have, and I would repeat what I said in my letters of the 22nd ultimo and 2nd instant to the Honourable the Minister of Militia, that it will taoilitato the settlement of the matter if you will forward me details of the facts on which the claim of the Dominion is based. _ I sincerely reciprocate your expression that everything can be settled amicably between the two governments and without any friction. I have the honour to be, &c., F. CARTER COTTON. Chief Commissioner of Lands and Works. . h ^ 44