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6
EXCHEQUER COURT OF CANADA
QU'APPELLE
V.
THE QUEEN
PETITION OF RIGHT
McCAKTllV, osLKli, HOSKIN \ CHKKLMAN.
In the exchequer Court of Canada.
lilTW KKN
I'lIK (^X'AI'I'Kl.LK, LONd \.\W\-: A SASKA'I'CHEWAN
KAII.liOAl) A STHAMHOA'I' ('(>MI'AN\. DIK
QlAIM'KLI.i:, l.()N(i LAKK A SASKAI( II KWAN
LAND COMI'AX^ (LIMITKD), I'llK HONUl l.'AIUJ-;
DONALD MaiINNKS. ()SI,1;I! ,V HANLMOND, am.
THE IIONOI'KAIU/K WILLIAM ITGSLKV,
I'rtifiiiiiers :
AM)
HKi{ ^L\.ll•;sTv 'riiK (^jlekn,
lii'>:/iOllilnil.
PETITION OF RIGHT.
McCarthy, oslkk. hoskin \- ckkki-man,
Solicilorn fur tin' ri-litidnrrs.
I'ORONI'O;
nuDi.EV vS: Burns, Law and Commkki i\i, I'rintkks, 11 Cdi.iiornk Sirkkt.
1900.
QUI
Lzjr
C^r^^JL^ ~VW ■ i-
3n the JExcbequcr Court of Canaba.
Between
THE QU'APPELLE, LONG LAKE & SASKATCHEWAN
RAILROAD & STEAM '.OAT COMPANY, THE QU'APPELLE,
LONG LAKE & SASKATCHEWAN LAND COMPANY
(LIMITED), THE HONOURABLE DONALD MvcINNES,
OSLER & HAMMOND and THE HONOIMIABLE WILLIAM
PUGSLEY,
Petitioners,
10
AND
HER MAJESTY THE QUEEN,
Respondent.
To The Queens Most Excellent Majesty :
PETITION OF RIGHT.
County of York.
To Wit:
The Humble Petition of The Qu'Appelle, Long Luke A: Saskatchewan Riiilroail <!c
Steamboat Company, a Railway Company duly incorporated by an Act of thi' Parlia-
ment of Canada ; The Qu'Appelle, Long Lake & Saskatclu'Wun Lnml Company (Liniiti'd),
20 a Company duly incorporated under the provisions of the English t 'onipaiiios Acts: the
Honourable Donald Maclnnes, of the City of Hamilton, in the County of Wontworth and
Province of Ontario, Senator ; Osier & Hammond, of the Cit}' of Toronto, in the Count}'
of York and Province aforesaid, Brokers, and the Honourable William I'ugslcj', of
the City of St. John, in the County of St. .Folin and Province of New Brunswick, Queen's
Counsel, She weth as follows :
1. Your Petitioner, The Qu'Appelle, Long Lake & Saskatchewan Railroad &
Steamboat Company (and who will be hereinafter referred to as the " Railway
Company ") is a Railway Company duly incorporated by an Act of the Parliament of
Canada intituled " An Act to Incorporate The Qu'Appelle, Long Lake »t .S;iskatchewan
30 " Railroad & Steamboat Company," being 46 Victoria, Chapter 72, for the purpose of
(3)
laying out, coristructinj; and operiitinj; a single or doiililc iron or steel railway frDui a
point at or near Heijina, the capital of Assiniboia, in tin; Xortli West Territon ■« of
Canada, to some point on the North .Saskiitcliowaii Kivcr at or near tiie lOTth degree of
longitudf, and with power to build and operate branch lines of railway and for other
purposes of transport, and by the Htli Srction of the said Act of InC'irporati'ii your
Petitioner, the Railway (/'()ni|)any, is duly authorized to receive from the (jo\(!rnMient of
Canada in aiil of construetion, ei|uipment and maintenance of its railway and other
works, grants of land or inone^', bonuses, loans or gifts of money or securities for monev
and to legall}' di.spose of tir same
10 2. Your Petitioner, The Qu'Appelle. Long Lake \- Saskatchewan F^and Company
(Limited) (and who will be hereinafter referred to as the " Laud Company ") is a Joint
Stock Company uuly incorporated under the English CornpanieH Acts for the purposes
amongst others of biiyiuy, selling and dealing in lands in .all parts of Canada.
3. Your Petitioner the Honourable Donald Maclnnes is a .Senator of the Dominion
of Canada and resides in the City of Hamilton, in the County of Wentworth ami
Province of Ontario.
4. Your Petitioners Osier iV: Hammond are a firm of IJrokers residing and carrying
on budine.ss in the City of 'loionto. in the County of York and Proviiice afoiesaid.
5. Your Petitioner the Honourable Williiim Pugsley is a Queen's Counsel and
2t) resides in the City of St. .John, in the (,'ounty of St. John and Province of New
Brunswick.
0. Your Petitioners other than the Railwaj' Company are nominees of and pui-
chasers from the Railway C()m|ianj- of portions of the Land Crant hereinafter more fully
referred to and which have from time to time been disposed of b^- the Railway
C'ompany.
7. By the 4th Section of an Act of the Parliament of Canada, being 48-49 Victoria,
Chapter (iO and intituled " An Act to authorize the grant of certaiti Subsidies in Land
" for the construction of the railways therein mentioned," the (iovernor-in-Council is
duly authorized to grant to the Railu ay Company, Dominion Lands to an extent not
30 exceeding (i,4()() acres for each mile of the Railway Company's Railway from its
commencemen; near Regiiia to the navigable waters of Long Lake.
8. By the otii .Section of the said Act last recited it is provided that the giants in
the said Act referred to including the grant to the Railway Company may be so made in
aid of the construction of the .said railways in the proportions and upon the conditions
fixed by the Orders-in-Couneil made in respect thereof, (■ach of the .said enterprises being
respectively subject to any moditieation thereof which may thereafter be nnule by the
Oovcrnor-in-Cotnicil ; and that e.\ce[)t as to such conditions the said grants shall be free
grants subject only to the payment b^- the grantees respectively of the cost of survey of
the lands and incidental expenses at the rate of U) cents per acre in cash on the issue
40 of the patents therefor.
9. By the 2nd Section of an Act of the I'ailiament of t'anada, being .'lO-,')! Vietoria,
Chapter 23, iiiul intituled "An Act to iiutliorizo the jji-nnt (^f certain Sulisidies in Land
"for the eonstructiDn of tiie riiilwiiys tliereiii named " tlie ( Jivcrnor-in-ronncil was ihily
authorized to grant to your I'etitioner tlie Railway ('(jnipaiiy Dominion Lands to an
extent not exceeding C,4()() acres for each mile of the Itailway Coinpaiiy'H ItiiiUvay from
a point near the Northern tirminus of the eoiiipl. UmI |)orti"ii of that lailwav at or near
Lonf; Lake on the navigable waters of Long Lake to a point at or mar wiiere the "i2nd
parallel of latitude crosses the South Saskatelicwaii Kivtr. thiiiee to a point at or near
the elhow of the North Saskatchewan Kivei-, with liranciic^ to I'rinee Albert and
Battlcfonl, about 323 miles.
10 10. The 5th Section of the said last recited Act contains a provision siuiilai to the
provision set forth in the 8th paragraph iiereof.
11. By an Order-in-Council, duly approved by His E.xcellency the fJovernor-
Qeneral, bearing date the 30th day of December, l.S,S4, and jnale pursuant to <!..■ powiTs
conferred by the said Act 48-i9 Victoria, Chapter GO, it was amongst other things
provided that subject to the approval of Parliament a free grant of land he made to the
Railway ("oinpany to the extent of (j,400 acies per mile for the whole i' lance fom the
Canadian Pacific Railway at Regiua to the navigable waters of F.,ong i.,iive, a distance of
about 20 miles: thpl the Company ilo rc-imburse to the Government the -est of
surveying the land and incidental expenses, the sair lieing ti.xed a', 10 cents pr acre;
20 that the '^nd .so granted .-houM be fairly Ht for .settlement and slu'ald be selected,
subject to the approval of the Minister of the Interior and bef..rr the b.t day of October
following the date of the saiil Order-in-Council, from the odd numbered Sections at the
disposal of the Government in the Townships shown on the map accompanying the sairl
Order-in-Council and more fully describee.' in the said Order-in-CoinKJl.
12. On the 2nd June, 1886, Mr. Collingwood Sehreilier, the Chief Engineer of
Railways, reported to the Department of Railways and Canals that he had had the railway
in.spected ; that the engineer employed for the service had reported the road in runnin '
order for iO miles and the grading nearly completed for a further distanee of 2 miles to
the navigable waters of Long Lake.
30 13. U|)on the completion of the said 1st Section of the said railway the Ifailwny
Company became entitled to receive the Land Grant of (1 400 in-res per mile lor the said
20 miles of railway, to wit 12H,000 acres of land, ami in dne course thereafter the
Railway Company through its grantee the Land Corporation of Canada did receive
128,000 acres of land pursuant to the said Order-in-Council of ."iOtli December, 1884.
14. In the year 1880 by an Act of the Parliament of Canaila, being 43 Victoria,
Chapter 5(i, a Railway Company called the South .Saskatchewan Valley Uailwaj-
Company was incorporated for the piirpo.se of constructing a railway from some point to
be tixeil by the Governor-General in « 'ouncil on the line of the Canadian Pacitic Railway
west of the Province of Manitoba, thence .south-westerly in the direction of the Souris
40 and thence westerly between the line and parallel theretofore named to the Rocky
Mountains on a line to be approved by the Governor-in-Coinicil, and provision had been
made by various Orders-in-Council between 5th July, 1880, an<l 20th June, 1887, for a land
grant to that Company. Prior to the last mentioned date the suid company and your
6
Petitioner the Railway Coiiipuny liiui entered into an aijreeiiunt fm- tlic airiHlfjaiiiatioii
of their interests and on MtU .lime, \i<H7, an Order-in Council was passed, of wliicli the
following is a true copy ;
10
20
30
40
" Certified Copy i)f a Keport of a Coiiimittee of the Honounihle
" tlie Privy Coiiiicil, iqiproved ijy His Ivxceileiu-y the
" Govenior-Oeiiend in Coimcil on tlie 20th June, 1887.
"On a Memorandum, dated KItli June, IM,S7, liom the Ministerof the Interior,
"stating that the South Saskatchewan \'alli'y Itailway Company and the
" Qu'Appelle, Long Lake \- -askati-hewan Kailw;iy ,.<: Steaiidioat Compaii)- have
"agreed to coalesce ami amalgamate and tin: I'oiniiM- comp.my has applied (or a
" grant of G,-t()0 acres per- n.:!i> in favor of the latter company,
" The Mii.ister ohserves that the South Saskatchewan Valley Railway Com-
" pany were incorporated in lS.S()(Ki Vic. Cap. 5tJ;, and by Order-in-Cuuncil of the
" 15th March, l.S.S:}, were granted the privilege of purchasing (i,400 acres of land
" per ndle on eithei' side of their line between I'rinee Albert and the south branch
" of the Saskatchewan itiver, a distance of about 'id miles at S1.0(i per acre, and
"after amendments to their charter in 1S,S2 and iNSt, the Act bSfs") (iS-41) Vie,
" Cap. 17), finally extended the tinn.' fur the commencement of the railway lor two
"years from the [jassing of that .\ct. Not having commenced construction with-
" in tliat time their charter la|).sed on the 1st May, I.S87, and consec|uently their
" right to puiciiase any Domniion lands ceaseil also,
"The Mini,ster observes further that the (jtu'Appelle \: Long Lake Railway
" Company have completed their line from Regiiia l< i.,ong Lake, and he is of
" opiiuon that the continuation of that niilway to i^altlel'ord woidd greativ benefit
" that section of the country, and he recommi'iids that siibjecl to the approval of
" Parliament a grant of (!,+U() acres of land per mile of their line be made to the
" Qu'Appelle, Long Lake iV Saskalchewan Railway \- Steamboat Company from
" tlio piesent termination of their road at Loih; Lake to a |)()int at or near where
" the 52nd degree of latitude crosses the Saskatchewan, a distance of about Kit)
" miles, and from thence to the elbow of the North Saskatchewan, a distance (j|
"about 25 miles, with a branch t'l I'rinee Albert, a distance of about S') miles, an'
"also a hraiich to Hattleiord, a di>tance of niiont n5 miles, as shewn upon the
•■ annexed map, making a total distance of about 'M'> nnles, e(|ii,d to 2,0^(1,000
"acres, upon the following terms: —
" First, 'I'hat the location, gauge and grades of the railway l)e sulimitted to
"and approved by (!overiniient and sli.all be ,ictording to specifications hereto
" attached,
"Second. That the grant to the Company shall consist of lands fairly lit for
"settlement, and shall be niaile up out of the unoecu])ied and unclaimeil odd-
" numbered sections at the diposal of the (ioverinnont, or out of alternate town-
" ships or blocks of land, within ten miles of the lino of the railway on either siile
"thereof in so far as practicable without interfering with any previous grants or
" reserves.
"Third. Tliat any deficiency in tiie area shall be niaile up out of any avail-
"able lands iu the North -West Territories in the discretion of the Governor-
" Gent-ral in Council.
" Fourth. That the Company shall re-iinburse to the Government the cost of
"survey of the land, and incidental expenses, the same to be fi.xed at tun cents per
' acre.
■' Fifth. That each hona jide settler found on land sjranted to the Company
' at the time such is earneil, the Minister of the Interior licinj;; the jndije in the
• event of any dispute as to his bona Jiilen, shall have the rij^ht to retain the land
10 " occupied by him to the extent of not exceedinjr 320 acres on paying the Coni-
'■ pany therefor at a rate not exceediiii; in any case 82 .'lO pi'r acre, payable one-
" fourth in cash and one-fourth in each of the three suceeedinj; years, with interest
" on the unpaid balances at a rate not exceedinir six per cent per annum
" Sixth, That the Company shall complete, e(iuip and have running; fifty
" miles of the railwaj', commoncin;r at the terinination of the portion of the road
" already completed, within one j'ear fiom the 20th day of July next, from
"thence to the crossing; of the South Saskatchewan in the foUowinj; year, and
" the remainder of the distance bj' the 2.')th day of May, KSOl.
" Seventh. That the first i,'rant of 0,400 acres per mile shall be made to the
20 " Companj" on the completion to the satisfaction of the Government of the first fifty
" miles and after that the grant .nhall be made from time to time on the completion
" of each section of ten miles.
" Eighth. That should the t'ompany make default and construct, equip and
" have running continuously fi'om the northern terminus of the portion of tlieir
" railway alrea.ly built northward, less than 20 mili's by the 20th July, KS.SM, or
" less than the remaining distance to the crossin',' of the South Saskatchewan at
" or near the point mentioned in the charter within the following year, or less
" than the whole of their railway by the 2.5th May, bSlll, the whole being by the
" said last mentioned date completely e(|uipped and running, the lands to which
an " they would bo entitled which may be unearned at the time they make ilefault
"shall be absolutely forfeited, and all claim to tin; siiine on the part of the Com-
" pany shall be void.
" The Committee submit the above recommendations for Your Excellency's
" approval.
(Signed) JOHN J. McGEE,
Clerk I'rivij Council.
To the Honourable
The Minister of the Interior.'
15. On 1st June, 1888, a further Order-in-Council was passed, of which the foUow-
40 ing is a true copy : —
.
8
"Certified Copy of a Report of a Coniiiiittee of the Honourable
" the Privy Council, approved by His Excellency the
" Aihninistrator of the Governuient in Council, on the
" 1st June, 1888.
"The Sub-Ci>niinittee of the Privy Cuunoil have had under consider-
" fttion certain proposals made by parties interested in a contemplated ainal-
"gamation of the .South Saskatchewan Valley Railwav and the Qu'Appelle,
"Long Lake & Saskatchewan Railway & Steamboat <'om|)any, such pro-
" posals being einboi lied in memoranda received from such parties in June,
10 " 1887, and in March, 1888, anil supplemented by otKcial statements from the
"several Government Depiirtments bearinjr on the question of tlie extent and
"cost of freight and other trans])ort in the districts covered by the scheme of
" the lines named.
" The Sul)-Committee report on this matter as follows :^
"That the lino of railway emliraced in the scht .es of these Companies,
"namely, between Reifina and the North Saskatchewan River with liranches
■'to Battleford and to Prince Albert, a total of about 345 miles, has been siib-
"sidixed in land by the Dominion Government by the Acts 48- H) Vic, Cap. (iO,
"and .")0-.5l Vic , Cap. 23, to the extent of 0,400 acres per mile, makini,' a total of
20 " about 2,208,000 acres. Tlie first 20 miles, namely, from Rej,'ina to the foot of
" Loni; Lake, has been completed, the contract for the remainiler being rep-
" resented by an ()rder-in-( 'ouncil dated ihe 20th of ,fune, 1887.
" That the Hon I). Maclnnes, and .Mr G. R. Pugsley, representing the said
" companies, urge that they propD.se to complete immediately, so soon as sutis-
" factory financial arrangements can be made, n line of railway ronnecting the
"Canadian Pacific Railway, iit Regina, with the Saskatclu'wan District, but
"that thoui,di subsidized in lands by the Dominion Government, it is not found
" to be practicable at the present time to build their line with those agricultural
" lands as a financial basis. To aid them in this direction then, they look to the
80 " f'lct that for the transport service to be neci'ssarily incurred in its several
'■ branches the Government has to expend anmially considerable sums of money,
" while the required communication thus obtained is only arrived at after
"tedious and troublesome journeys involving delays of s'.me weeks. They ask
" that the Government will commute for a fixed sum and for a period of years
"the amount estimated as their present cost of transport, and that the earnings
"of the Company for such transport should be a set-oft' against this amount, the
"Government taking also a lien on the Company's lands as security for the bal-
" ance, if any
"That the Companies' estimate of expenditures from tl>e several Cioveinment
AQ " Departments, based on the official statements, is as follows ; —
" Indian Department 822,380
" N. ■'A'. Mounted Police 30,37.5
" Post Office ... 16,000
" Telegraph 2,000
" Messengers and others 2,000
*72,7,5,'5
•' The Sub-Coiainittee, reviewing all the facts alleged and known, are brought
" to the conclusion that the speedy construction of a line of railway direct from
" Regina to the Saskatchewan District is a matter of ver^v great importance in the
" interests of the public and of the (ioveinment, liotli as att'ecting the maiiiten-
" ance of good order in the Northern Districts of the North-West, the develop-
" ment of the rising centres iti that district, including I'ri nee Albert and Battle-
" ford, and of the country along the route to be traversed, find further, as effeet-
"ing an important reduction to the Government on thi' cost of transport of men,
"supplies and mails, service which must of necessity be maintained and one
10 " which under existing circumstances can only be maiutained subject to peculiar
"disadvantages and expense, and they accordingly recommend that the views of
"the Companies in question be met by admitting them to a contract for the
" work of transport required by the Government between Kcgina and Saskatoon on
" the South Saskatchewan, a ilistance of about 140 miles from the present term-
" inus, or about 160 miles from Regina, on an estimated basis of $50,000 a year,
"which sum the Government shall definitely undertake to pay for a period of
" ten years, that as against this amount shall be set the cost of transport actually
"incurred, based on rates and charges to be fixed by Order-in Council ; further,
"that the difference, if any, in excess of the sum named, S50,000, shall be paid
gQ " by the Government, the amount, if any, by which the actual cost of transport
" falls short of $50,000, being covered by a lien by way of mortgage on the lands
"already granted to this railway, or of an equivalent portion thereof, based on a
"valuation of SI. 50 per acre, or at the option of the Government be a first charge
" against moneys received on account of laml sales by the (Company ; it being a
" con<lition of the said agreement that payments on account thereof shall be made
"semi-annually, commencing at the expiration of six months fiom the date of the
" completion of the road to Saskatoon, and its acceptance by the Government
"under the land subsidy contract represented by ilie Order-in-Council of the
" 20th of June, 1887.
80 "The Conmiittee concurring in the above submit the same for Your Ex-
" cellency's approval, subject to the sanction of Parliament.
"(Signed) JOHN J. McGEE,
" iJlevk I'ririj Council.
" To the Right HonoumMe
" The Acting Minister of the Interior."
16. On 16th June, 1888, a further Or<ler-in-Council was passed, of which
the following is a true copy : —
" Certified Copy of a Report of a Committee of the Honourable
" the Privy Council, a|)proved by His E.xcellcncy the
40 " Governor-Greneral in Council, on the 16th June, 1888
" On a Memorandum dated Oth May, 18S8, from the Acting Minister of the
" Interior, stating that the Oider-in-Council of the 20th June Inst, authorizing a
" grant of land to the i,)u'Appelle, Long Lake M Saskatchewan Railway &
10
" steamboat Company, among other things provided that tiie Company shoulil
" complete, ecjuip and iuive rnnninjr Kfty miles of the railway, comiiKMicini^ at the
" termination of the portion of the road alreadj' completed, within one 3'ear fmm
"the 20th day of July, 1887.
"The Acting Minister further states that Messrs. Maclnnes and Piigsley now
" represent on behalf of the ("ompany that owing to certain delay which has
" taken place in their negotiations they are obliged to ask for an e.xtension of
" time to the 1st January, 1889.
"The Acting .Minister, while regretting that the Company have not lioen
10 "able to arrange for the construction of the above fifty miles during the cur-
" rent season, is of opinion that no good purpo.se would be served by refusing
" to comply with this lequest and recommends that tlie Orilcr-in Council of the
" 20th June be amended by extending the time for the completion of the fifty
" miles of the railway mentioned therein from the 20th day of July, 1888, to the
" 1st day of July, 1889.
"The Committee submit the .same for Your Excellency's approval.
"(Signed) JOHN J. McGEE,
" Clerk I'rity Councii
" To the Right Honourable
20 " The Acting Minister of the Interior. "
17. On 11th July, 1888, a further Order-in-Council was passed, of which the
following is a true copy : —
" Certified Copy of a Report of a Committee of the Honourable
"the Privy Couueil, approved by His Exi't-Hency the
" Govenior-Creneral in Council, on the Hth July, 1888.
"On a Memorandum dated .itii July, 1888, from the Acting Minister of the
" Interior, submitting with reference to the Order-in-t'ouncil of the 2()th June,
" 1887, providing for a grant of 6,400 acres of land per mile of their line to the
"Qu'Appelle, Long Lake & Saskatchewan Railway & Steamboat Company, for a
80 " total distance of about 825 miles, including branch line-<, that the sjiecitications
" of location, gauge and grades of the said railway referred to in Clause No. 1 of
" the terms of the Order-in-Couucil under which the ^aid land grant was made.
" through inadvertence, did not accompany the memorandum to (.'oiincil and
"were not attached to the said Order-iu Council, of the above mentioned date.
"The Acting Minister, therefore, recommends that the specifications of
" location, gauge and grades, hereto attached, be now incorporated with the said
" Ordei-in-Council of the 20th June, 1887, which Order shall in all other respects
" continue in force and have full efl'ect as pa.ssed.
" The Committee submit the .same for Your Excellency's approval.
40 "(Signed) JOHN J. McGEE,
" Clerk Privy Council.
" To the Right Honoumhle
" The Acting Minister nf the Interior."
11
IS. Tlie speciticiitioiiH referred to in tlic said lu-t mentioned Order-in-("ouncil and
which formed pnrt tliereof are not material to the Petition inasmuch aH the railway in
question was duly coniplett'd to the satisfaction of the Canadian Government.
19. By a memorandum (hvted 4th August. IS.SS, the Honoural)le tiio Minister of
Railways and (^anals s\ilimitted to His Excellency the (iovernnr-iieneral in Council the
draft of an afjreement lietween Her Majesty the Queen, therein called the Government
and therein represented and acting by the Honourable John Henry Pope, Minister of
Railways and Canals of Canada, and the Hailwa}- Company for the work of tianspoitiiij;
Government supplies, mails and men over the Railway (umpany's ](ro[insed rail\va3-s
10 from llegina to Sa.skatoon, and on the llth day of August, IfSiSs, an Order-in-t'ouncil was
passed authorizing the Minister of Railways anil Canals to sigti the said agreement on
behalf of the Government of Canada.
20. The said agreement was duly executed by the .said the Minist-r of Railways
and Canals an<l by the Railway Company ; but aa it was soon afterwards superseded by
a further agreement which is hereinafter more fully referred to, your Petitioners do not
deem it necessary to set forth its contents in this Petition, but they crave leave to refer
to the same when produced at the hearing of this Petition.
21. On 10th June, 1889, a further Order-in-Council was passed, of which the
iollowing is a true copy : —
20 " Certified Copy of a Report of a Committee of tire Honourable
" the Privy Council, approved by Hi.s Excellency the
" Governor-General in Council, on the 10th June, 1889.
" On a Memorandum dated 6th June, 1889, from the Ministi'r of the Interior,
' representing that by Order-in-Council of the IGth of June, 18SS, the '.^u'Appelle,
" Long Lake >; iiaskatehewan Railway & Steamboat Company were granted an
"extension of time to the 1st of July, 18iS9, for ihe completion of 50 miles of
" their railway from the terminus of the coniplfti il portion of I he line at Long
" Lake, and that the Company now ask tint the time for the comph'tion of the
"first fifty miles be further extended, 'iS it will be impossible for them to
OQ "complete that distance by the 1st of July next, and thej- repre.sent that the
" land subsidy, which their failure to complete the fifty miles liy the stipulated
" time would cause them to forfeit, is essential to the construction of this railwa}-.
"The Minister is satisfied of the h(in'( fiden of the Company and their ability
" to carry out the undertaking, and he is of opinion that under the circumstances
" their reciuest shouhl be complied with, and he therefore recommends that the
"time within which the Qu'Appelle, Long Lake i: Saskatchewan Hailway \;
" Steamlioat Company shall be required to complete the first fifty miles of their
"line, beyond the present terminus of the railway at Long Lake, in order to
'• entitle them to the land grant allotted them by Order-in-Council of the 20th of
12
" June, 1H87, and approved l)y 50-.')l Victoria, Ci,.., er 23, be extended to tlie 1st
"of Noveiiilier, ISiH).
"The Coniniittee sulmiit tlie aliove recommendation for Your Excellency's
" approval.
"(Sijjned) JOHN J. McUKE.
"Clerk Privi) ('omiciL
" To The IIonoaiahlK
" The Miiilxlfi' of the i nterii>i:',
22. By an Act of the Parliament oC Canada, being '>'2 Victoria, ( 'hapter ."), uHsentrd
10 to on the 2nd day of Miy, liSS!), and intitnled " An Act respectin,' a certain Agii'emeiit
" therein mentioned with The f^tu'Appelle, l.onj,; Lake iV: Saskatchewan Railroad \:
"Steamboat (/'ompany " and which is in the Act itself expressed to have bei'ii enacted in
order to enable the Railway Company to complete its Railway from Regina to some point
on the South Saskatchevve { ver at or near Saskatoon and thence nortiiward to I'liice
Albert, the Governor in Co.. icil was duly authorized to enter into a contract with the
Railway' Company for the transport of men, supplies, materials and mails for 20 years
and to pay for .such services during the said term S-HO.OOO per annum in manner follow-
ing, that is to say ;
"(1) 'The sum of fifty thousand dollars to be paid annually on the
20 '"construction of the tail way to a point at or near Ssi-skatoon such payment to
" ' be computed from the date of the completion of tlie railway to such point ;
"'and the remainitig thirty thousand dollars annually on the extension of the
" ' railway to Prince Albert, such payment to be computed from the date of such
' ' last mentioned completion: Provided that if the second portion of the .said
" ' railway is not built anil opi'iated to F'rince Albert within two years after the
" ' completion of the railw.iy to the Snnth Saskatchewan as afore.saiil, the payment
'■'of tifty thousand dollars shall cea.se until the whole railway is finished to
" ' Prince Albert.
"(2) 'Such sums shall be paid out of any unappropriated moneys forming'
30 "'part of the Consolidated Revenue Fund of Canada.' "
23. On 26 June, 1889, a further Order-in-Council was pa.s8ed, of which the follow-
ing is a true copy : —
" Certified Copy of a Report of a Coinioittee of the Honourable
'' the Privy Council, approved by His Excellency tlie
" Governor-General in Council, on the 26th June, 1889.
"On a Report dated 21st June, 1889, from the Minister of Railways and
" Canals, stating that since the e.xecution of an Agreement between the Queen and
•' the (.^u'Appelle, Loni; Lake & Saskatchewan Railway Company, authorized by
"the Order in-Couticil of thf litli Auf^ust, 1.S.S8, other negotiations have been
4Q "proceeded with for the rapid construction of the railway from liegina to
,/
^X
/
1
LS
.i
■ Saskatoon, ami tlieiico i)oi-tli\var<' *■_> I'l-ince Albert ; antl that these negotiations
" have resulted in an Agreement, the terin:i and conditions ni which are set out in
" the Draft A'^reenient hereunto annexed.
"The Minister submits sucli Draft Ajjreeiiient for approval, and recimmends
•that h(! be authorize 1 to sijru the same on behalf of the (Jovernment.
"The Minister further recoraniends that notwithstanding any previous
■'Order-in-Council, or Orders-in-Council, the ri;rlit, of the Company to the land
"fi;rant of (j,4()() acres per mile, shall be extended until the 1st November, 1,S!)(),
" and if the road bo completed to Saskatoon by that time, then for two years more
10 "The Minister further recommends that the Onler in-Council of the 11th
'July, 188«, lespectiuf; the specifications lor the construction of the said Railway
" be rescinded, and that the Railway be constructed up to the standard of the
" Canadian Pacific Railway in similar country.
" The Minister further states that he has been infcjrmed that as soon as the
" consent of the Governor-in-Council is obtained, an arrani,'ement will be made
" between the Qu'Appelle, Long Lake lV Saskatchewan Railv.-.iy Company and
'■ the Canadian Pacific Railway Company in relation to tho working of the line
"of the former by the latter Company by which the Can .dian Pacitic Ra'lwav
" Company engage to supply the rolling stock nece.s.sary for Mie Company's ijusi-
20 " ness, and to operate the line for six j'ears.
"The Minister states that, such arrangement will be submitted to the Cov-
" ernor-in-Council when the details th.'reof are made to the satisfaction of the
" Minister of Railways and Canals.
"The Committee submit the above reconnnendations for Your Excellency's
" approval.
"(Signed) JOHN J. McGEE,
" Clerk Privy Council.
" To the Honourablr
" Tlw. Minister of Railways and Cannln."
30 21'. The agreement the draft of which is referred to in the last mentioned Order-
in-Cuuncil as approved of therein was duly executed by the Right Honourable Sir John
Alexander Macdonald, tl. then Acting .Minister of Railways and 'aiials of Canada, and
also by the Railway Company, and is now in full force an I effeut. The s.aid Agreement
is in the words and Hgures following, that is to say ■ — •
40
"THIS ACREEMENT made between Her Majesty, the Queen, hereinafter
"called the Government, and lieiein represented and acting by the Right llonour-
" able Sir John Macdonalil, G.C.H, Acting .Minister of RailwavK and (lanals of
"Canada, and the Qu'Appille, Long Lake & Saskatchewan Railway >V Steamboat
"(Company, hereinafter called the IJouipany.
" VVlTNKSSES : —
" 1. WheiiEAS the Qn'Appolle, l.(mg Lake <V Saskatchewan Hallway \:
" Steamboat Company have become entitled to a land grant by the Dominion Gov-
"ernmont under the Acts 48 and 49 Vic, Cap. (ii), and .')() ami 51 Vic, Cup. 2'\. to the
10
■20
30
U
"extent of six thoiisiind I'oiir Inimli-cl iicros per inilo of tlioir railway, iimkiiif; ii
■'total of nl)out two iiiillioii tw) ImiKlred ami oi<,'lit tliousaiul aer.-s, and the Hrst
"twenty niilia of tlie .said railwty, namely, from Ui^jrin.-i to the foot of l.ouf; Lake,
" liavirijr been compleied, the suid Coiiipaiiy propo.se to continue the same to some
"point on the Sask.atihewan Kiver near Saskatoon and thence northward to
" Prince Albert.
"•>. And wii(;iii:,\s by an Act of the I'arliament of the Dominion of Canada,
" '>2 Vic, Cap. ."), a.'j.sented to on the •2nd day of May, I«,sy, it was enacted that
'■ the (iovernor in Council may enter into a contract with such Com|)any for tlie
" transport of men, supplies, materials and mails for twenty years, and may pay
" for such services, durinir the said term, ei>,dity thousanJ dollars per annum, in
" manner foliowinj;, that is to say :— The sum of fifty thousand dollar.- to be paid
'annually on the construction of tl;e railway to a point at or near Saskatoon,
"such payment to be computed froni the date of the completion of the railway to
".such point ; .and thi; remaining; thirly thousand lioUars annually on the extension
"of the railway to Prince Albert, such payment Ut be computed Ironi the date of
"such Inst mentioned completion ; provideil that if the second portion of the said
" railway is not built and operated to Prince Albert within two 3'ears after the
" completion of the railway to the South Saskatchewan, as aforesaid, the payment
"of fifty thousand dollars shall cease until the whole railway is tinisheil to Prince
" Albert.
"3 And wnKHE,is, in view of the fact that the .speedy con.struction of a
"line of railway direct from Rej^ina into the Saskatchewan District is a matter
"of very great importance in the interest of the public and of the (ioverinncnt.
" both as atf'ectintf the maintenance of good order ir. the northern districts of the
" North-west and the dcvulopnieiit of the ri.sing centres in those districts including
" Prince Albert and Battleford, and of the country along the mute to be traversed,
"and al.so as aflecting an important reduction to the (iovornment in the cost of
"the transport of men, supplies, materials and nuiils ; therefore the (iovernment,
"under the authority of the said Act, has agreed to enter into this contract with
" the Coiujiany.
" NOWTIIEKEFOHK Tins iNliKNTUlii: WIIXKSSES :
"That the (iovernment and the Company have agreed and do hereby agree
' as follows : —
40
"1. That the Comjiany hereby bind and oblige themselves t nplete the
"said railway to a point on the Sa-katchewan Hiver, near Saskaioon, by the
"first day of Xoveniber, IMKI, mid to Prince Albert within two years after the
"completion of (he railway to (he South Saskaichewan as aforesaid, and carrv by
"their regular trains, for the (ioveiinneiit, fur a perio.l of twenty yeiir-i, all mails,
" men, supplies and mateiials of every description and kind rccpiired for the public
"service from any point on tlie said proji'cted railway to any other point thereon
" without delay, such carriage to be uiiou such recpiisition or instruction fi'oni the
1
■ Ciuvuriiinuiit or from any (jtKcer tliert'of as shall hereafter fruiii time to time lie
" designated tiy the Uoveriinient.
" 2. hi consideration tiiercol, and with a view to aHuisting the Company to
" make the financial arrani;cments necensary for tiie construction of the said rail-
" way to Saskatoon or some other point on the South Saskatchi'wan River at or
"near Saskatoon, and to continue the same to Prince Alhert, the Uoveiiniieiit
' herel)y hinds and obliges itself to pay each year to the said Company tiie sum
"of eio'lity thousand tloUars lawful money of Canada (if paid in Canada, or its
"equivalent in sterling money if paid in Englairi) for the period of twenty years,
10 " in manner following, that is to say : tiie sum of fifty thousand dollar- to be paid
' annually on the construction of the railway to a point nt or near Saskaloon, such
" payment to be computed from the date of the completion of the railway to such
" point ; and the remaniinff thirty thousand dollars annually on the extension of
" the railway to Prince Albert, .such payment to be computed from the date of such
" last mentioned completion, subject to the said recited provision in the said Act coii-
" tained ; and that such annual amounts shall be payable in equal half-yearly pay-
" ments, commencing at the expiration of the six months from the dates of such
" completion as aforesaid, and thereafter in half-yearly payments on such days in
" each \ ear as may be agreed upon between the Government and the Company,
20 "and to be made at such places in the City of London, Kngland, or Montreal,
" Canada, as shall be fixed by the Company.
" And the said sum of S.SO,()00 per annum shall be applieil in payment or on
" account of the rates chargeable as hereinafter provided for <,he said transport.
" ;j. Such mails, men and materials, supplies and other things to be so carrii'd
" by the Company at rates and charges not exceeding live cents jjer mile for pas
" sengers, and for freight not exceeding twenty-tive per eent. over the rates now
" authorized to be charged by the Manitoba and North- Western liailway Com-
"pany, which rates shall not be altered, reducec] or modified for the period of six
" yeais from the date of this agreement, except at the request of the Com[iany.
go " 4. And it is hereby further agreed that the Company iiniy assign the said
"several half yearly payments composiiii; the twenty yearly [ayments of eighty
"thousand dollars each to any trustee or trustees who may be ap| cjinted to hold
"the same by way of security for any bond or other securities which may be
"issued by the Company in re^[ieet of their railway and after due notice to the
"Government of such assignment, the said several half-yearly [layuieiits shall be
" made to such trn.stee or trustees for the benefit of ti.e holders (jf sueli bonds or
' other secinities.
" 5. If in any year during the pendency of this contract the amiunit v,-hieh
" the Company shall earn thereunder by the work of the transport, hereby cnn-
40 "tracfed for, shall exceed the .said sum so payable to the Comiiany, or to such
" trustee or trustees, in respect of such year the surplus of such earnings over that
"sum shall be applied to cover the deliciency or the dolieieneies of former years,
"if there be any, and if there be no such deliciency, such surplus shall be paid to
" the Company.
" G. By way of indemnity to the Government, in ease the amount earned
16
10
20
30
40
" by till? (.'oinpany for such soi vicosliniilil not amount to tliu smii paid hv tlif (iov-
" ernnient iu any yeai-, tlu' (joverninent, as tliu lancl jjrant of the Coiiijiaiiy is
"earned from time to time, sliall retain oiie-ttiird of tlie land ijrant so eanicii,
"which shall he liehl by the Government as a first charge or lien secnrinf; the
"re|iayment of any such detieiency, and shall issue to the Company patents for
"the remaining two thirds thereof.
" 7. A complete adjustment of account, coinpi'isinrr all transactions entered
" into or made between the Government and tlu' Company under this a<,'reenient
" shall be made every year, and interest, if any, shall be computed at the late of
"i per cent, per annum upon each annual delicit from date of such deticit until
" the amount due to the ('overnnient is paid.
"8. if, duriui,' the said fieriod of twenty years, the Government sell any
" land included in the land grant -^o retained or if the same is .sold by the ( 'om-
" pany with the consent of the (loverninent, patents therefor shall bo issued to
" the purchaser ujioii [layment to the Government of the' prices for which .said
" land has been sold : it beiui,' ilistinctly understood and au'reed that the Govorn-
" ment, in the event ot any deticiency, shall retain the whole ])roceeds of the sale
" of any poition of the said one-third acres so retained until the expiration of the
" said period of twenty years, allowing interest thereon at the rate of 4 per
" cent, per annum ; but in the event of no deticiency the Government may if
" tliey see fit cau.se to be returnecl to the ( 'ompany a pro rata proportion of the
" land so retained.
" t). The Government ami the Company shall from time to time ti.^ and
"determine the price at which such lands shall be soM, such price to be not less
" than $1.50 per acre.
" 10. At the end of such period of twenty years, if on accounting on such
" basis, the balance be against the Company, the Company shall make good an v
" such balance to the ( lovei iniient.
"In W'n.NKSS Wheukoi' the .sa.d Company have cau.sed their corporate
"seal t 1 be affixed hereto, and these presents to be signed by the President of the
"sail Company and the saiil Minister hath hereunto set his han<l and raused
" these presents to be sealed and countersigned by the Secretary of the Depait-
' ment of Railways and Canals this fifth day of August, A.D. eighteen hun-
" dred and eighty-nine.
'Signed on behalf of the Company,
" in presence of
' (Sgd) G. A. D. Mai.donai.h.
r
"Signed by the Minister and the
" Secretary of Itailwiiys and
" Canals, in presence of
" iSgd) JosKi'ii Poi'i;,
" Witness to the Signature of Sir
' John Macdonald.
"(Sgd) II. A. Kissi.vii.i',
" As to Signature of A. P.
" Bradley.
f " (Sgd) THOS. G. SHAUGllNKSSY,
i " I'lrsiilenl.
^Sgd) C. DUINKWATEK,
" /Secretin;/,
'"(Skai.)
f
( "Sgdi JOHN A. MACDCNALl),
j " Ad'uKj MiulxUr of liailwuij.'i diul
( " (Jatuds.
r"(Sgd) A. 1' BRADLEY,
■J " Si'cri'td 11/.
\
(SKAI.)"
i
2"). On 7tli Au;.'iist, l.^iSD, an agreement was entered into by and lietween tlie
Rtnilway Company and the Canadian E'licilic Ruilway Company whereby it was anionirst
other thinijs agreed that the Railway Cnmpaiiy's lines of railway constnicteil and to
be constructed should be leased tu the said the Canadian PaciKc Railway ('ompaiiy
for the term and subject to the conditions in the said agreement set forth and contained,
and under the said agremient the said tin- Canadian raeitic Railway tJompany took
possession of the Railway Company's linos of railway and nnder a lenewal agreement
between the said two (.'ompanies the said (Canadian Pacific Railway Coni])any is now
operating the said Railway Company's said lints of railway
10 26. By an Act of the Parliament of Canada, heing 58 Victoria. Chapter S2. and in-
tituled" An Act to confirm an Agreement between the (.jn'Appelle, Long Lake Ac Sas-
" katchewan Railroad & Steamboat Coinpiiny and the Canadian Pacific I^ailway
" Company," the agreement in the last preceding paragraph hereof uas approv.Mj of, rati-
fied and confirmed and declared to bo valid and binding on the parties thereto, and bv
the same Act the time for the completion of the Railway Ci>nipany's undertaking was
extended to the first day of November, 1892.
27. On the 29th November, 1889, a further Order-in-Council was pa.s.sed, of which
the following is a true copy ;
" Certified Copy of a Report of a Coinmittee of the Ilonouraljle
20 " the Privy Council, approved by His J^xcelleiu'v the
" Governor-Geueral iu Coiuicil on the 29th November,
" 1889.
"On a Joint Memorandum, dated 23rd November, 1889, from the Minister of
" Railways and Canals and the Minister of the Interior, submitting the following
" observations :
" That on the .'iOth December, 1884, an Order-in-Council pa.ssed constituting a
"contract with thoQu'Appelle, Long Lake ..t Saskatthewiiii Ruilway Coniimny for
"subsidizing in land a line from Regina to Long Lake, Mliout i'l miles.
" Parliament granted the subsidy in li^Ho. and the road was completed by
80 " May, 188(3, for a distance of 20,10 miles.
" That on the 20tli of June, 188?, an Order-in-Council passed constituting the
" contract of the Department of the Interior with the Company for the subsidizing,
"also in land, of a continuance of this line from their then teiininus ; Long Lake)
"to the Saskatchewan, with branches to Prince Albert and iiattlel'oi-d. about :!2.')
" miles. Parliament granted this subsidy in 1887. The speeitication r.feiied to
" in this Order-in-Council was inadvertently omitted, but by a fnrtliet Drder-in-
'■ Council of the llth of July, 1888, a specification w;is adijpteil.
" That this Order-in-Council was cancelled by an Order-in-t 'ouneil dated the
■ 2r)tli of June, 1889, relating to an agreement for the conveyance of men
40 " luaterials, etc.on completion of the road to Saskatoon, liy thisOrder-in-t\)uncil
" also it was laid down that the road should be constructed ' up to the standarcl
"'of the Canadian Pacific Railway in siinilai' country.' The Order-in-Couneil
18
10
20
"extended the tiiiiu for foiii|)luti()n to tliu 1st of Novoiiilier, l!St)0, and if llir ida I
■' 1)6 com|)lett'd up to Suskation In tiiiit tiuif, thou for two years more.
"That l.yaii Order-iii-Council of ihe lOth June, l«,Sf), tlio time wa.s extended
" to tlie 1st of November, l.S!)0, for the completion of the first •')(> mile^ beyond the
" Lotif,' Luke terminus This however, was superseded liy the iiriuni,'ement of
" ilate-s tixed in the Order-in-l'ouncil of the •2Gth of that month.
" Tiiat the Company have now agreeii on an amended and definite speeiliea-
■ tion in place of that fixed liy the Order-in-Council of the 2(iih of .luiie, |s.S!»,
" ' the standard of the Canadian Pacific Railway,' and it beiiif; consiilered desiralile
"that the usual .subsidy contract form of the Railway Department should be
"adopted in respect of the subsidy jrranted in bSS", for the continuation of tiie
■ line to the Saskatchewan. Prince Albert and Battleford, a draft of such eonir.iel
" has been prepared, to which the said specitieation has been attached and of whieh
" it forms part, the dates for completion of the road remaininj,' as tixed by the
" Order-in-Coiincil of the 2bth of June last.
"The Ministers, accordingly, jointly recommeml that the description.s, specifi-
" cations and conditions of the .said draft be approved, toi^ether with the dates
" for completion above stated, and that they be authorized to sign the same on
" behalf of the tiovernment, the .same to be in amplification and amendment of the
" Order-ni-Council of the iOtli of June, 18S7, whieh at present constitutes the
" main agreement with the Company in respect of the said subsidy ; and they
" further recommend the cancellation of the Order- in-Council of the 10th of June,
" 1889, fixing a date tor the completion of a portion of the line.
"The Committee submit the above reconnnendation for your Excelleiiev's
"approval.
"(Signed) JOHN J. .McGKE,
„ „, "Clerk Privj/ Council.
Jo llie Ilonourallc
" The Minister of the Interior."
^0 28. The agreement referred to in the last mentioned Order-in-Council and whieh
was sub.se(|uently duly executed by the Right Honourable Sir John A. Macdonald, the
then Acting Minister of Railways and Canals, representing Her Majesty the i,tn('eM,
acting in respect of the Dnminicm of Canada, and also by the Railway Company, and
which is now in full force and virtue, is in the words and figures followiui:, that is to
sav : —
" This contract and agreement tnade the 29th day of November, in the vear
" one thousand eight hundred anil eighty-nine ;
"Between Her Majesty the Queen, acting in respect of the Dominion of
"Canada, and herein represented by the Right l(on:)urable Sir.Iohn .\. Macdonald
40 " Acting Minister of Railways and Canal.s, of the first part, and the i>tn'.\pp,.lle,
" Long Lake and Saskatchewan Railway and Steambo.-it e'ompany, of the seeon<l
" part ;
" Witne.sseth, that whereas it is, in and by an Act pa.ssed in the Session of the
" Parliament of Canada, held in the Hftii«th and tifty-first years of Her JIajestv's
" reign, chaptered twenty-thiee and intituled, ' An Act to authorize the .-rant of
r
19
" ' rortivin Sul'.sidies in Land, fur the coiiHtrurtioii ol' the Kailwuy.s tlierein imiiit'il,'
' ainoiifjst otti(;r tlnni,'s in utt'ect enacte'l tliiit :
' ' Tlie (Joverni)r-in-( 'ouncil may yrant to tlio Qu Appcilu, Lun^ Lake ami
" ' Sasskatcliewan Railway and Stuuiiiljoat Company, Dominiun Lands to an extent
" ' not exceeding six thousand four hinilied acres for each m le of tiie t'onipany s
'■ ' Railway, from a point ne:ir tiie Nortliern terminus of ihe completeil portion uf
" ' that railway, at or near Lonfjiaketon, on tlie iiavi^rahle waters of Lonj^ Lake, to
"'a point at or near where the Hfty-^econli ])arallel of latitude crnsses the Smith
"'Saskatchewan River; tlience to a point at or near the elhow of the North
10 " ' Saskatchewan River, with hranelie.s ti> I'riiice Alhert and Battleford. ahout
"'three hundred and twenty-tivi.' miles,' — which i,'rant is hy said Ait aiithori>.>'d
' to be made wholly or in part in tracts, each cumprising a township or fraction.il
" part of a township, as the Governor-in-C-'ounci! deems expedient, liut with
"certain reservations as to lands to be set apart for the Hudson's Bay Company
" and for School lands.
" It being thereby enacted that such i,'rant may be so made, in aid of the C(jn-
" struction of the .said railway, iti the proiiortlons and upon the ccjnditions fixed
" by the Orders-in-Council made in respect thereof, subject to any moditicatious
''thereof which may thereafter be made by the <!overnor-in-Council, and tiiat,
20 " except as to such conditions, the said grant shall bo a free grant, subject only to
" the payment by the Grantees of the cost of survcj' of the lands and incidental
" expenses, at the rate of ten cents per acre in cash on the issue of the Patents
" therefor. That the grant of land so made shall include the statutory allowance
" for roads between Sections in the townships and fractional parts of townships >o
"granted, but shall be subject to a reserve of one acre out of every one hundred
" acres, for the establishment of trails and convenient watering places tor the
"purpose of driving and watering cattle ; such trails to be for the public benefit,
" and to be open to tiie public for use as conunori highways, and to be set off
"witliin two years from the i'.ird day of June, IS.S", by an olhcer appointed by
80 " the Minister of the Interior for that purpo.se ; an I that the cost of the suivey of
" such trails shall be borne by the company to which the grant is made
"And Whereas the Governor-iu-(.'ouncil. on recommendation of the Miinster
" of the Interior, tiy an Order bearing date tlu- 20th day of June, A.D., 1,SS7, duly
" approved of the grant subject to the ap])roval of l'.ii!i,iment (which approval
"was given on the 23rd of Jiuie, lists?, liy the above recited Act, .)0-.51 Vic, Cap.
" 23) of C,400 acres of land to the said Company for each mile of their raihvav
" from the present termination of their road at Long Lake to a point at or near
" where the ,")2nd degree of latitmle crosses the Saskatchewan, a distance of about
' 130 miles, and from thence to the elbow of the North Saskatchewan, a distance
40 "of about 23 miles, with a branch to Prince Albert, a distance of about 85 miles,
" and also a branch to Battleford, a distance of about HH miles, making a total
"distance of about .'i^o miles, equal to 2,080,000 acres upon the terms and condi-
" tions following : —
" 1. That the location, gauge and grades of the railway be submitted to and
"approved by Government, and shall be according to specifications (stated to lie
" thereto attached).
2(1
30
40
20
" 2 'I'lmt the f;rant to tlio Company sliall consist of lamls fairly Hi for sottlo-
" iiient, and sliall W niadc up ..ut of the unoeeiipiid and unclaimed cdd-nund.fiod
" sections at. the dispo^al cf tlic (lovernnioiit. or ,,ut of alternate tounsliips or
•■ Mocks of land, within trn iidles of the line of railway on either side thereof in
• so far as practicable, without inteferiui; with any jirevious ^rrants or reserves.
- :l 'I'hat any deficiency in the area shall he made up out ol' any availaMe
•• lands in the Xortli-West Tenitories in the discretion of the ( i,iverimr-( leiierai in
" Council.
"4 That the Company .sliall re-imlmrse to the Coverninent the cost of Mirvey
' of the land and incidental e.vcpeiises, tlw same to he Hxed at ten cents per acre. '
" o. That each homi fulc settler found on land L'rante.l to the Company at the
" time such is eiirned, tiie Minister of the Interior hein;; thejudge in the ev.Mit of
" any dispute as to his honajiilis, shidi have the rif,dit to retain the land occupi. d
" by him to the u.xtont of not e.\ceedin<r :i:iO acres, on paying the Company there-
"forutarate not e.xceodini^' in any case S!2..)U per i ere, payable one-fourth in
"cash and one-fourth in each of the three succeedinj; y^.ars, with interest on the
" unpaid balance at a rate not exceedin;L;- six per cent, per aniiun,.
" (i. That the t'onip.uiy shall complete, ecjuip and have runnin>( fifty miles of
"the railway, commencing at the termination of the road alnady completed, within
"one year from the 2l)tli day of July, l.S,S7, from thence to the crossing of the
"South Saskatchewan in the following- year, and the remainder of the distance by
" the 20th tlay of May. Ifi'Jl.
"7. That the first grant of (1,400 acres per mile shall be made to the Com-
' pany on the completion, to the satisfaction of the (iovernmiMit. of the lirst fifty
■ miles, and after that the grant shall be made from time to time on the coiuple-
" tion of each section of ten i>;iles.
" N. That should the Company make 'i fault .ind con.struct. eipiip and hiive
" running eoniinuously from the M,.rtheri' erminus of the portion of their rail-
" way already built northward le.s,; than .">., miles by the 2()th .lidy, bss.s, ,„• |,.,ss
" than the roinaining dist.iiiees to he crossii.g ,,f the South Saskatchewan ,it or
" near the point mention ,1 in the i iwirter within the following year, or less (.hn;.
"the whole of their railway by the 20tli .May, bSDl, tli.' u h,>le being by the .sai \
" last nientioneil date completely , ,j::ij-,p,;d and running, the lands to wIT'li tl- ••
"would bo entitled v;-iiicli may be iiuearneil at the i,ime i:liey make defaui „,
" be absolutely forfeited, and till claim to the same on the part of the Company
" shall be void.
•And Wiiereas by aiKttlier Ordei- bearin_f .lale the KM, of ,lii,u). is.s.S, thi'
" (iovernor in Council, on t!ie recommeiidatioii if the .Voting .Minister of the
" Interior, has granted to the Comp.iny an extension of tine for the completion of
" the fifty miles of their railway eo iimenciiig at the (crmiuatioii of (lie |iortion of
" the road alrea.ly completed, to the fir-t day of didy, IfS.S!). ie lieu of 'MlU .Inly,
" IHM.S, as per Order-in-tlouncil of 20tli June. I.S^7 iniendeif teeordinglN .
"And Whereas by another Oi'iler hearing dati ie I f ih of .lidv. I >.sn. iifler
21
10
20
40
'■ reeitinirthattlin)u;r|i inailverteiicu the .specification of location, gaiii,fft aivl grades
"of the said railway, referred to in the clause No. 1 of the terni.s"of the Urder-in-
" Council of the 20th June, 18S7, did not accompany that Order, the Governor in
"Council, on the recominendati.)n of tl.e Actin- Minister of the Interior, did
" approve of a certain specification attached to the said ( )rder of Ilth July, lis.S.S :
"And Whereas hy another Order, bearinj; date the 10th of June, 1,S«9, the
" CJovernor in Council hath approved (jf the nconinieiidation of the Minister of the
" Interior, that the time within which the Company shall be ie.|uiied to complete
■ th(! first fifty miles o. their line, beyond the present terminu.s of the railway at
" Long Lake, in order to entitle them to tiie land grant allotted them by Order in
" Council of 20 June, ISSJ, and approve.l by 50-51 Vic, Chapter 23, be e.Uended
" to the first of November, 1890 :
"And Whereas by another Order -n Council, dated the 2(jth day of June,
" 1889, relating to an agreement for the conveyance of men, materials, (;overn-
•■ ment supplies, &c., on the completion of the roa.l to Saskatoon, the afoi'esaid
" Order in Council of the 11th of July, 1888, was cancelle.l, and it was, instead,
" laid down that the road for the purpo.se of the Land Subsidy and for the said
" tran.sport agreement should be constructed • up to the stan.hird of the Canadian
'"Pacific Railway in similar country,' the sai.l Order further extended the time
" for the complethm of the whole of the subsidized road to the 1st of November,
" 1890, and if the road is completed up to Saskatoon by that time, then that the
" period should be extended tor two years more :
" And Whereas by another Or.ler, bearing date the 29th day of November,
" 1889, on the recommendation of the Acting .Minister of Railways and Canals'
" the Governor in Council ha.s duly approved of the substitution of the Speeifica-
" tion hereunto annexed for the Specifications referre.l to in previous Orders in
" Council, as the Specification, ile.scrijition and condition for the constriicti.m of the
"said Railway, and of the cancellation of the Order in Council of the 10th of
"June, 1889 :
" Now this agreement v/itnesseth, that in conshleratio.i of the said laud
"subsidy to be granted in the manner Aforesaid, " The Qu.'Appelle, Long Lake
" and Saskatchewan Railway and Steamboat Comp.iny " covenants and ag"ees to
"an.l with Her Majesty, ller lleirs and Successors, in the maimer following, that
" is to say : —
" 1. That the Company shall and will, well, truly and faithfully make, b.iild,
■• construct and complete a line ol railway from a point at or near the present
■' terminali(,n of the Company's Railway at Long Lake to a point at or near where
' the ."iand degree of latitude crosses the .Saskatchewan River, a distance of ab.mt
" i;)0 miles, and from thence to the elb,)U' of the North Saskatchewan, a disliince
■' of about 25 mile.s, with ,i branch to I'rince Albert, a distance of .■ibout 85 miles,
" and also a branch to Hattleford, a distance of ab,,ut 85 miles, making a total di.s-'
"tanceof about 325 mdes. tlu' points and ai)proximate route and course being
"whown on the map filed in the Department ,if Railways and (Janals, and all
" bridges, culverts and works appurtenant iher.'to, and will build, construct ami
" complete the said line of Railway, bridges and euKvrts .iiid perform all eiediieer-
mr^-y^u
10
20
80
40
22
"inj. services, wl.ctl,,.,- i„ th. fiel.l, or i„ ,.,-e|,a,iMj; plans .„• doinff other ollice
works, to tl.e entin^ satisfaction of the ( iovcrnor in ( 'ouneil.
■' 2. That the C,un|.nMy shull „n.l will locate an.l cuistn.ct the said line
■'..1 ra.hvay on as strai«l,t a course as practicable, hetween tlu, points al.nv n,en-
■■ tioned, w,th only such deviation, as nmy seem ahsolutely indispensable to avoid
•' senous en^Mneerin,,' obstacles, and as shall be allowed l^y the Governor in Council.
"-S. That the frradients and aIij,nnneMt shall be the best that the physical
" features of the country will adn.it of, in confonnity with the aforesaid specilica-
" tions hereto aunexed.
"4. That tl.e Company shall and will furnish profiles, plans and bills of
■quantities of the whole line of railway i„ ten-mile Sections, and that before the
" work ,s com.nenced on any ten-mile Section, such proliles. plans and bills of
'■quantifes shall be approved by the Ooverner-in-Council, and before any land
"grants are made, the Company will fmnish such further returns as n,ay I,..
" re-iu.red to satisfy the Minister of Railways and ( 'an ds as to the relative value
■' of the works executed with that remaining to be done.
"5. That the .said Company having commenced the works cnbraced in
•■thi.s agreement shall complete, e,,uip and have running their s.aid railway as
" follows :-From a point about II) miles from Regina, on the n.„d already built
■•between Regina and Long Lake, up to Sa.skatoon, on the South Saskatchewan
■• River, on or before the first day of November, LSiM), and (he whole of the s.dd
■■railway and branches on or before the first day of November A.D l,Sif> tin,,.
■■ being .leclared to be material and of the essence of this Contract, and i>. default
•■ ol 8uci> completion as aforesaid, on or before the said date or dates th,. ( 'omp ,nv
-shall forf..itall right, claim or demand to any an,l every part of the subsidy
■• remaining unearne.l, a.s al.so to any lands whatever which may be at the time ol
■•the laihiro ol the com,)letion as aforesaid due an.l owing to the C, any under
•■ the provisions of the Act and of the Orders in Council above referred to.'
■■ (•>. That the Company will, upon an,l after the completion of the said line
" ol railway and works appertaining thereto, truly and faithfully keep the same
■■and tl.e Rolling Stock rcpiired therefor, i„ .ond sutllcieut working and running
•■ order, an.l shall continu.,usly an.l faithfully op.'rate the .same.
••7. That tl.e Company will buil.l, coii.struet ami complet,. the .sai.l Ji,,,. .,f
•■ railway ai.,1 works app..rtaining th,.ret., in all iv.sp,.cts in accor.lance with the
■•specficatmn hereto annex,.,l, ami up..,n a line of location t.. b.. approv..! .,f by
" the (Jovernor in ( I.iuncil.
•■ «. That tl.e granting of the said subsidy shall be subject t.; such con.litions
■ lor .securing .such running powers or trallie i.rra...,enients an.l oth.-r ri.rhts as
■w.ll alh.rd all reasonable facilities an.l c.pial mileage rat..s to all railways
■eoi.n,.cting w.th tl.e sai.l li, f .ailway as s.ibsi.li/.e.l as the (ioveruor in
■ Council may .leti'riniii.\
tmcrm
I
i
I
10
23
"0. Ami tliat till' siiid lino ol" miUvtiy niul works appfitiiiiiing thereto,
"to;,retlier with nil tin' fraiiclilHes, righls, priviloges, proputty, perhoiial ami rail of
"every fhaiactcr, shall, U[)()ii C(>ni]ilotii)ii of the said line of railway and works
"appertaiiiiriir thereto, he the property of the Cninpanv.
"In Witiies.'i Whereof. The girApjielle, Lonp Like ami Saskatchewnii
Railway ami Steuiiihoat roni|)any ' have eauseil their eorporiile seal to he aftixeil
" hereto, and these jiresenls to he sif^neii hy the I'lesident and hy M ■■ Secretary of
"the said Company, and the Actinij MinistiT of Hallways and fanals hath hi reinito
"set his hand and cansed the same to he ^aled and couMtersii:ned hy the Secretary
"of the Department of Railways and ( 'anals."
29. Inasmuch as the Railway Company's railway was duly constructed according;
to the speeiHcation.s aj^reed upon and was duly apjjiove.l hy the (iovernment of Canada
your petitioner.s do not deem it neces.sary to .set forth herein the snecilications whiuh
formed part of the last mentioned ayieement.
m. Orders-in-CoiMicil, hearing date respectively, the 14th day of March, the Ofh
<lay of April and the IGth day of October, IfSOO, were passed ap|)roving of the various
sets of plans and [irotiles furni.shed hy the Railway ('..mpany and of the locations of the
various |)arts of the Railway as the work of location was completed, and the plans, pr..-
files and hications of the Railway have all been approved hy the Oo, ernur-Ueneral in
^0 Council as recpiired by the Act .sub.sidizinjr the Railway.
in. The Railway Company duly completed its said line of railway to Saska-
toon and Prince Albert in accordance with its Act of Incorpmation and amending Acts,
and on the 12th day of October, l.S!)0, all conditions had been fullilled and all things had
happened and all times had elapsed necessary to entitle the Railway Company to tin-
Land Urant provided for in the said Order-in-Council of 20th June. 1^S7. and in the said
agreements.
32. On :Ust October, l«<tO, a further Order-in-Council was passed, of which the
followinj; is a true copy : — ■
" Certified Cojiy of a l{o\)nYt of it Comiiiittcc (d' the IldiKiiinibie
30 "the i'rivy ('oiincii, ai)i)n)vccl l)y His Ivxcclifiu y tiie
"Cioveruor-dfiicial in (..'(iniicii. du t.hi' 31st October
" 1890.
"On a Memorandum dated 2fth October, 1S!)(), from the .Minister of Rail-
" ways and Canals, representing that inider date the 2()th Octobri instant, the
"Chief Kngineer of (ioverinnent Railways reported on thi' restdts of a final
"inspection made on the 12th October instant of the (,»u'Appelle, Long Lake A:
"Sask/itchewan Railway (subsidi/.i'd b.ith in money and lamis) showluu' it to be
"eompleti-d ami in excellent runidng c litioii and that it is full y in aeeord with
" the speeitications, a co|iy of which is hereto attached, being that approved by
40 " the Order-in Council of the 2ltlh of .S.-vember, is.Sit. with the exception that at
!■(
I
41
iO
20
30
24
'■ Loth Saskatoon and F'rinee All,ert one statioi> linns^. ,,n.i a wal,.,- tank hiv,. l,,..,,
•• o..ntto,l, and in sul.stitution, a ..ection n,«n« l,ouso, sepnrat,- huu, ,1„. station
" house, has been .rected, also a fVei,<;ht slied, -..panUe IVon. th. station ho„s.. that
' this eha.ige wa.s made in the inte.vst.s of tratlie. and th,- Clnrr \-.uj.mrvv advis,..s
'■ tliat thesi' suhstitutrms siiould lie accepted.
^ 'The Minister, in vi.w nl' the fore,,'oinj: vn^nyt. feconnnet.d. that the ...fn.s
ot the speeitications approved hy the ()rd-rii,-( Vu,„cil ol' th,- i'.HU .,f .\„ve,nl,er
■■lS«i), h,. amended as snmrcsted l,y tile Cliiof Hni,dncer. and that tli.. Ijth ,.f
' "ctoher instant, the date ol' the inspection of tile roa.|. !„■ re,-n^..,iz,.d l.y ,1,,:
" '""^•^''•'""^•"^ '"^ ""■ ''■■'^'' I''-'"" which shall l„. eoinpnted tli. pJvnient .f il,,.
■^ money subsidy, amounting to .s,M),0()0 a y,,u- lor lio y^ars, authon/.i-d bv the Act
■•■'2 \ ic, Cap. .5, for thr tran.sport of men, su|.plics, materials and mails as to
" which an agreement was male with the Company on the .5th of Aiitriist IsMI
■• It being tiierein provi.lcd that this subsidy should be paid in e,|ual half y,.ariy
■• payments commeneing at the si.x months from tlie date of completion.
"The Minister recommends that the first payment be made, l',,r tli,- l,roken
■• period, on the .Slst of Decembrr, IMIO. the followiufr payments being at intervals
" of SIX mcinths tliereafter as provided ly tlie agreement.
"The Committee submit the above recommendation for Vour Kxcellencys
" approval.
"(Signed) JtJHN .1. M((ii<;iv
u T II n- Il II II " i-'li:rk of Ihv Privy L'ouiuil.
" The Miuider «/ RuiUmijs and Canals."
■M. The Government of Canada subse.piently acted upon tiio Report ,,f the Chief
Engineer of (government Uailways, and has since the time named therein, when the
Government inspection t.K.k place, paid to the Railway Company or to the Assignees of
the Railway Company the (;overnment subsidy of ??M),U()() a year already redWivd to
and has admitted the Railway Company's right to its said Land (irant.
34. On 7tli November, LS90, a further Urder-in-Council was passed, of which the
following is a true copy : —
40
" Certified Copy of a Kepoft of ti Cciiuinittce of the Hoiioiirnlile
" tlie Privy Council, approved by ili.s ivKc.dleiicy the Cmy-
"ernor Geiioial in Council ,,n the 7th November, 1890.
"On a Memorandum dated 2Uh October, bS!)l), fi-,,m the .Minist.M- of tl,,.
" Interior, stating that he has been mititied by the Department of Railways and
" Canals of the completi.... of the Qu'Appelle, Long Lake and Saskatchewan Rail-
" way from Regina to Prince Albert, a distance of Us miles
"The Mini.ster further .states that the line is lepoiled to be in excellent
"running condition, and the provisions of the (Jrder-in-Coiincil of the :2()tli .liin
■ 1.N.S7, and umending ()rders-in-C.,uncil having ihiis being complied with, i,,e
.V Saskatchewan l!ailwa\- Conipain ar- .■nlitle.l to
"<.jU,Appelle. Long Lak
i
■•the lan.l ijrant of ti.KIO ,tc, vs p..,- .iiile |ii-ovi,l,.,l fp,- l.y tli.. (),-,|,.rs-iii('.iinu'il
" ""■■"ti.nUM], r,,i- tlic line of 24-S iniK's, hfiiit; jn ;,ll ,il„,iit 1 :,S7 :2i)t) ,ut.;.s .
■Tlio (oiiimittue ivcoinmend that tlio land Im j.aiate.1 u, tl„. < '..ninunv
" accunliiiirly.
" To the Honoumlilr
" 7"/"" Mhl'iNlfr „f f/if fidfinor."
••(8iKne.h JOHN J. MdiEE,
" CVc/'/,- I'ru'i/ Ct/tivfil.
•iry On 2«tli N„v,.,„Im..-. 1,V,K). a f.irthc..- Orlrr-iu-l 'ouncil «-as ,,as.,.,|, of wind, tl.o
10 tollowiiiir is a ti'iu' copv :
•■('(■rtilied ('<,py ofii h'qx.rt of ii Comiiiittef of tlic lldii.Hin.l.lo
" tiic Piiv.v Comifil, approved hy His IvkcIKmicv liie
"•^^"^'''■'J'''-^ General ill ('oiiiicil, on tlie 28th November
" 1890.
"On a Memorandum dated 24tli November, l.yjO, from tlie Minister of Rajl-
"ways and Canals, representing^ that under date the :JOth October ultimo, the
('hi,.f Knf;ineer of (iovernment Railways reporte.l on plans and proHles .uh-
•■ "utled by the (..n'Appelle, Lon;,' Lake .V Saskatchewan U:dlwav Company for
" approval for subsidy purpo-es, showing; the location of their Railwav in and
■ through the town and settlement of Prince Albert, namelv, from the \orth-east
"•p.arter of Section -.U, Township 47, Uanf,re 2<i West of the Second Initial
■ Meridian lo the Ka.tern boundary of Lot 7.S in the Town of I'rince Albert and
■• the Chief Kn-ineer reports that these plans are in accorda. wnh the (i.,vern-
" meiit reipiirenients :
"The Minister reconunends that approval be jriven to the location indieaied
" by the sai I plans in so far a. the ouestion of subsidy is concerned it bein-r
" understood that no approv.al is conveyed relicvi„;r the Company from compliance
" with the rcp.neiiu.iits of the Railway Act in respect of street crossiugs o, other
• wise, as to which, however, it may be observed, that under d.ite the Kth October
" ultimo, the Company state that they have secured all the property for rh-ht of
"way and station j,aonnds by agreement with the owiL^rs. and that the l.MMtiia, of
" the station ^'munds has the appn.val of the town authorities.
" The Committee submit the .same for Vour Kxc.-llency's a,>prov,il.
20
liO
' To the IhiiHiunilite
" Till' Mitiinli'f of l/ic Iiiti'iioi:'
"(Si^'ned; ,Jt)H.\ ,J. McOEE,
" Clerk of fhi' l>riri/ Cunicil.
■M. On the ;!lst December, LsUO, a further ( )r,ler-in-Conncil was pa.ssed approvin.r
ot tiie Railway (.'mnpany's Toll By-Laws.
40 :M. On the :2.Sth .lanuary, I.^IM, a further (.)ider-iiiConi,eil was pa.ssed. of which
the tollowin^r is a true copy :
26
10
20
80
40
"(VrtiHc.l Copynfa li.'pcrt ..f a Cuninitl.,. uf tlw II nirahl..
"thf IVivy (uMiicil, appnivcl i.y His l';x...ll,.|,rN tli..
••(iovoni()r-(;,.,u.iai in {'.nin.il, ,.n tlic 28th January
1891. •''
"•'" " '''■|""-t ''■■'t-.i -il.st .lamiMiy. Ks!.l, ln„„ tli. MiniM,-,- „( tlu.
'■Intcnor. M.l,>,nUinfrforconsi,|,.r.M.inM nl' C.miril tlir t„ii„wi„.. „l,> .rv,tu„„s i„
■'nmn.cti.,n with tl„. (^,'Ap,,ell,., L„„j; l..k,. :„u\ S,.k.U-h,:nu KaiUvav
" C oiiipimy H laml frnmt :—
"That In th.. Or.l,T-in-<',,uncil nftlM. l.nh .\,,v..,„l„.,-, l^.s.i, thr \Ii„ist,.r nf
■ lln' Int.nnr was auth.„i/...,l t., cniuvy lo ih. ( '„M,pany the hui^ls („ whiW, they
• wm. c.„titl,Mlasa.suhsi,|y i„ ca.sMcratini, ,,r thrir havir„r i.,„„|,l,.t,.,| th.^ ,•.„',
■ I" vww ..I this tWt, th.. Ministrr s„l ts that thr ( )r,h,,..i„.( oMMcil nuC 7,1, „r
•Nov,.,,,!,,., last. aiMi,ominfr a lan,|, arrant of (UOO a,-,vs ,„.,• ,nil,. f,,,- ,|„. wl.oh.
•■ h'..-th of tim line from K,.c;ina to I'riii.v Alhrrt. i. liaM- h, ,Mi.,.n„st,„rtion, a„.l
■• lie ivcoimiicmls acconlinjriy that it lie caiiccllcij
"Th,. Minister f.irth(..-sMh„,i,s that th..|.ni,-,h of th,. h stn.rtr.l ,„„l,.r
■• the eontraet nia.ie between the (Jnvernni,.nt an.l the ( 'onipauv th,. J,,, ft of whieh
■'vvas approve,! hy the ( )nler-in i ■ou„ril of the 2lUh Noven.her, 1 .s!. fron, the
■■I)on>t ol .lepartnre from t -i^inal line e,nneeii„o- H,..i,,, ,,i,|, |,„„, |^„|„. ,-,
■ .vrtihe.l l.v ,1,„ IVpartme,,, of Railways ,o l,e oosj, ,„i|„., ,,|,i,|, ,„;'|,.,^ ,„ „„,
'< Inel hnjjnieer <,f Govennnent Railways reports is eon.pjete,!. ,.,,uip,.e,l atwl in
■ exeeUent ninninjr condition. Culer th.' jirovisions of the ( »r.|,.r-i„-(:,nineil of
■ the a)ti, June, 1,S,S7, an.l amemlinjf Ur.lers-i., ( 'ouneil, ,1,. ( „ „pany ar.. enti'th.,!
■ '" " '""' «■'■'■" ■■'' f'"-' '-'^f" '^'' •!■-*"" ■■"■'•■•s per ,. for this ,lis,,,„ee,' I,,.,,,- i„ all
" 1.4(i;{,7i4 aeri's.
•The Minister reports further tliat he is informe,! and has reason to helieve
" that ,n a,|,|,ti,m to the 20 n>ile,s whieh lorn,,.! the suhjee, of the Orderin-t ouneil
•ol ll,e l.-ith November, l«H(i,ai2 .niles of the original li, „u,.e,i,e.- Retina
■will the uavijiahle waters of Lonjr Lake have been eomplel,.,! and in' rnnnin,.
■ order lor several years, an.l he r,.conn„en.ls that !,.■ b,. authori/e.l. up,.n r..,-,.ip"
■• nl the usual report fron, the ('hi,.f Kuoin,.er of Gov..rnni,.nl Railways .vrl ifyin,.
•• tins to be the faet, t.. .•,mv,.y to tl„. < '..u.pauy (1„. land ^ranl appii.'-al,!,. u,\\Z
"portion ..f th..ir line at the ...t,. of ti,400 acres per n,il,. ; and liuallv he is
"'■ilorm,.,! that the Comi.any have ,.x(..n,|,.d tla-ir railway f,,r 2,1 n,il,.s b,.y,jpd
nl.epon.tat I'rin,-,. AlluTt, whieh was rea,.l„.,l wh,.,, th,- insp,.e[i,a> was u',a,le
'on the stren^al, of whieh the mil,.aj;v referr,.,| to in th,. ()r,ler-in-( 'o.n.eil of the
■ 'th Nov..mber last was Hx..,l, and h,. also r.nanmen.ls that in this ease he be
•••Hlthorix,.,!, when h.. has nx-eiv...! th.- n,r,..ssary e,M-tili,.ate fr.an tl„. Chief
■ KujiMU'erol Gover.nneut Railways, ,o eouvey to the ( '.aapauv .1,,. lan,| .rant
• applieable to this ext.'iision, at the rat,' of (i,4(X) a.'r.'s p,.r i,iil,v
■'The Committee submit the ab,,v,. r,-eomm,n,lation l,,r V,.iir Kx,-,dl,.uev's
approval.
To the Honourable
" The Milliliter of the hUeriur
"(Sijrne.li JOSEPH POPK,
" AmiKtiiiit Cirri.- I'rir,/ Coiincil.
27
.•|H On 'Kli K.-I.rii.iiy, |.H!i| ;i I'm I l,.r O, r|,., in ( ■.„nii
f')lliiwirij^ JM II (iiii. i()|,v
inrlj WJIM liJlMm-
li wind, ill
"'''■'■''''"' ''"l'\ "I'l l.'''|i"it mI,, (•,,n,i,,ilh,.,,ri|,,- !|,,iioiir;ilJc lli,.
" I'nvy {',,1111. il, ;i|,|,r<,Nr<Miy III ■ iv-.. rINn, s 1 1,,. ( ;,,v,.,■
" '""■ '"III i!il III foiiiini, (,ii III,. 4th February, 1891.
■■"" " l!'T'"' •'"•■' ■! :-'i.'l K.l.ii.Mrv, I.HKl. fp.iii Ml,. Mi„.,i,.,. „| ,.i„; |„|..,ri..r
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"Sl,r.n„l,.,;,f r„„i(,„,iv li.iviiH'. ,,|..|,.-| III,.,, Ii„. r,,„„ |;..:ri„,, I,, |v„i,.,. AIIm.H.,
"""'I 'I'" ■"'MM. ll;,VIII(- l„.,.„ ,„ ,.|,.,,|,,. „|„.,,|,,„„ (,,, M..v..n,l .l,.,lll,l,4, li„v,. inii.l..
I" ' "|'l'li'-"li'"i "' III.. ,Mini,(,,., „f ,|„. |,.,„,.,„, „. ,|,.,i,,„„,,. f,|„. |„,,„|, ,,|,|,,,, ,|,.j| I,,
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" |.llliy nil. I III,. (ir,v, .111111. Ill III Mi„l l,..|,;,|t
■I'll. .Miiiis(,T..hii....i|,.,i, r,„ tl, ..,■„,, In,. I,, ,11 .,1 (|„. I,,,, I :-(, ,„,!,. ,,|- ,|„, ,.,„„|
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""'■''■■'■''■'"'■'■'""'■• ■"!''' ''""'I •■•■I.I...IM nl Ml,. .|,.,,,.,,,ii„r l.l„. .;.,vMi,„.,it ,11
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" mi.| f,..M..CVi..| I., I ||,„. |,,|||, , ,, |,;,|||..|y
=^" " •■■'•'"•''""I'll T.,w,i Ih|, l;.; III,. |.;,|.,i,,.,.„ ,|„,,| .,t t.,,viinI,i|, -^7 ..ii.| tl,,,., |,„ii „r
■■i''.WI,.|,i,, :i| ,\„|,,|, ,,| ||„. . .,|,„,,|,„„ |.,„.,,„, |;,,,|,,,„^ ,,,.|, ,,,,, ,^,„„|, ,,| ,„„,„
" '■"'"■ '" '•'"'«'■ ■'■ "-• P"". ■'' ■I'.wi, l„|, .'I .\„,,,|, „r :!,.., •.,„„,,|,„„ |.;i„,i;
" Ifailvv.iy I!. ||„ |,|,„^,. |,;,,.|h ,,f T.,wimlii|,.. u'L' .iii.| :i;i W.. i, ,,| l,.,„.r |,i,|,,,. .,„,| ||„.
' IviMl. hall .,r ■|',,u.|,mI,I|, l'i; II, |;,,i.;,. :;; r,,w,|.|,i|,, -^j :i:J, li.l, J k 27. 2!) aii.l
'■'■1'"' |'"il, .,( ■r.,w,i.l,i|, .'j; W,..., ,,| |,,,i,. |,„|^„ ,„ |{,„j^,„ w,,^ T.,w„Mlii|,H 2H, 2;t
•■ 20, -7. -'.S ui„l M. m |:„ii.,. ■•:, TMwn.hi,,., 21, L'.-., 2(1 27 2h „„.| 2:i. II, |;,.M„„.'
■■•J<i, UM.I •r.,wiHlii,,H 2.-,, 2<;, 27 .,M.| 2s. i,i |:„„^„. .j?, ..Il \V..,t „r U,,. ,-,,.,.,,,1,1 M„n
" .liiii
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''«' "'■'.Inp.iiiy'M |„„. 2.■i^.•n ,11, 1,.., III,. C.i,,,,,,,,.. «..„il.| I,. ..,il,|,|,.,| ;„?,, „„^„,, „,
'•|,l!l!.7l2„,.r..M, „„,| |,„ ll„. ,,i„.|,„,,. „ri„„|,i„,, „|, ,„,|„ r„„,,„,„^. ,,„,^„,„„,, ,„
•■Wl,l..|| tli,.y W..|.. , .1,11(1., I |,y ,.,,„.,|,,.||„||,,„ ,,|, ,,,, ,|,„, ,|„|,. ,,. ,„, ,1^, ..||^ ^^|.
' •'■■""""•>■ ''^'"' "■"■'■^■'■■1 ""■' '■ I-" I'V ll..|.MMlii,,.l„il ..,,1,,,. ,.,.,,„„„ |,„„|,
■""""■'' '" ""■ ■■^'I'-'i'il" li'i'l- mM,„.|,.,| „.„|,„,| a, ,„.i|,, n.,i,M,.,|.|
'■ /,iiii,l,..r.:.| .S,.,.ti,,„M „„„,„„|,„., I,, |o|(,;)|i, ,„,,,„, wlii..|, Sr|i,.,|„|,. |„,w..v,.,.
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" ""'"" ' "' ""■•'"''•• III ' ■■NiMil .,1 ll„. .Kill, |,..,.,.,iil„.,. |,HS|., I„.,,.i,il„.r„,,. „|||„|.»|
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'■ l'lxi.|'ll,.|i(:y in ( ',i,|i,|.il
40 " '''!"■ .^'llli'l''!- "I'"'1V..H |||„|, ,|.MI||„lll;r ||„. „.|,,,|„ ,,|. Il, „„,.,,„ 11,11 .,,.|„„||||,,,j
■I'. I." lairly III, j',,,. H..t,l I..m,...iI .,„.| .,ll,..,.wi.... ,i,\ ,iil,il,l,. |.„ l|„ |„i,|„,.„., ,,| ,|,„
"'"'"' ■"i'"'i'l,V "f II -.illwiiv 111..!-.. w.,.,M .,l,i|| I,.. |.>s'),|.02 ,i..r..., (,., I„. r,„|,„) I,,
"'""'^'■"l'"'"" '■■""l""i.V II- liill n,,.„ ,,r ll„.|, ..,il,.„„y ,„„| |,,|„„.|,„||_y„„„!,
■•till.,. II,. Imi, ,.„„.H,.,| |,„ |„. ,.,.M„,v,.,| a„,| M..|, „,i,|,. |.,.,„,,.|,i„.„i,m'U „|| ,|;„ |„
^■«i
M)
10
20
80
2.S
• l.ou„de.l on the North, East un-l West hy ,he North h„.| Soutl, bnmcl,e,s of the
'■ Saskatchewan River an.l on the South hy the belt of the projected branch line
'o the Canadian Pacific I^Uiway running- aion,;; the Nortl> SasUlchewan for
"which provision is made in the Afrreeni.nt betueen the ( iovernnient and the
•■Company dated the 7th day of .fannary, I,Si)I, the approximate position of which
" l.ne IS sh.,wn upon the map IumvIo attached m,,rked li. This tract contains an
"area approximately of :mjn acres of odd-nund.ered Sertions of land at the
•■ disposal ..I the Uovernn.ent, which are more particularly descri 1 in the Schedule
" liereto attached marked C, and the reservation of the said lands, f„r the purposes
••o( the Ian,! firanl of the (,)u'Appelle. Long Lake and Saskatchewan Radway and
"hteamboat Company, lie reeomm,.nds for the approval of Youi Kxcellencv in
" Council.
■'The Minister .states that there will be thus available for the pnrpo.es of
■' this Company's land subsidy :—
"Lands contain.Ml in Selie.lule A. Ir.ss 1-.',S,()(K) acres provided
" for by Order-in-Cmncil of the .SOtli Ueceml^.r, iNSh. . ,S,s2,:!iO acivs
'■ Lands described in Scheilule C ;i,S(i721
"'''"'"' L2(3!),(»31 „
■• The Minister ob.s..,ves further th.at the ( ■ompanv have alreadv earned bv
•■con.structiun2:iO,(kSt acres in excess of this area, .i-VKiS acres of which applic-
■able to .-...(i^ miles of railway, are still subject to Mie certilicate of the Chief
■ Engineer ol Railways that the o.()2 miles are ..ompleted. Since, however bv
" virtue ol the a,:rreement between the Company and the Cove, nment dated the
" eth ol Au-nst. I, SS!i. provision is made for the retention of one third of the ( ■,,1.1-
" panys la>„l grant to be held by t he Covernment as a Hi.st e|,,,rge or lien secu-
".ng the repayment of any delieieiiey in tl,e amount earned bv the Compaiiv in
"any year lor the services provided b,r by the contract in ,,uestion, he is of
■■"|>mioM that the p,-e,s,.nt re,pinei„enis „f the Companv in reg^ii-d to their land
■■ erant wdl be .nllieieiilly fnltilled if the lan.ls menti,.ned in the 1 wo .SeluMiiles heiv-
" to attached, marked A and C ar. reserved ami .set apart to be granted to the
"Company under the ( irderdn-l ■oiincil and Agreements having ref,.rence to the
■■ Company s land subsidy which are now in biree .■md ell'eet,
"The Committee submit the above recommendation b,r V.eir Kxeelleuev's
■'ap|iro\al.
■ i.Si.uiiedi .lOlIN J. M((il';i;,
..'/•,//,;/ 11 " Chrk I'riri/ CoKiitil,
to till' iliiiKiii nilili'
Till- Mininlrroj llic liitirioi:"
^^lr greater pai ticniarity your petitioners crave leave to refer at the he.irim' of this
W petition t,. the Se| ules ,\, I! and <■ forming pait .if the abov,. Order-in-Coum^l
:'i' "n i;ith April, ISill, . f,„,|,„, ..rder-,n-founeil was p.ssed, of which the
lollowiiig is H true copy :--
^
2D
10
20
30
K)
" Certified Copy of a TJepoit of a ('(.imnitlcc ,,f th,' Honoiintl)le
"the Privy Council, approved l,y Ills l-'.xcellency tlie
" Govenior-Cieiieral in Council, on tiie 13th April, 189).
■ Una llqjort ,hite,i 1 Itii March, I«!»l, IVom the Mini.sUT of the l•.to^or
•■ .staliny tliat by tho tmns „f the A.LtroemeMf, of the "th .lanuary 1,S!)1 enterea
"into between the Can.L.lian I'aeitic It.'.ilway a,„l the GovernmeMt, uinler authoritv
■oi ^o„r Kxcellency i„ C.n.ncil, for the purpo.se of ,leli„i..^r the hu.,ls to be
■• reserved out ol winch tlie balance of tlie laixi grant of th,. said C^npany !. to be
■ selected after the avaihdjh. Iannis in the Railway l;,.|t have bc-.n exha.i.ste.l a
■ branch line of railway to liattleford was provided lor, and the belt alon.^ this
" branch hn,,. for which provision wa.s nuule in the Aj^reetnent may be ntorrpar-
" ticularly describ,.,! as follows :—
'■ Twelve M.iies on each sid,' of a ri<rht li„e diawn from the Sonth-wevt an.'le
"ol Townslup .•i.5, l{an«e 4 W.-st of the Third Meridian, in ,he Dominion Lands
".system ol surveys, to the .Ncn'th-West ai,^!,, „f Towi,sldp +;i, Kanj;,. 1,; \V,st of
" the Third Meridian, at ny near liattleford.
■The Minister observes that by an ( >rder-in-( 'ouncil .lated UU February
• l.Si)l, the land frrant for the V..App..||e. l,on„. Lake and Saskatchewan kaiiway
■■ and .Steamboat Company '.vas set apart ,and embraced within two .Se Jules
■called nspect.vely A and V. Tiie .Sehedul,. C eu,braced ail the lands b.ninded
■on the .North, Hast an 1 West by the North and .South branche.s of the Saskateh-
■ewan River and on the South by the Northern boundarv of the belt of the
• branch hue to iJattlefonl of t he ( 'amidian Pacilic l{ailway, wherever that tuhd,t
■ I'C, the belt at that tiui,. not havin- b,.en delined. On the I,Mh oi F,.l,ruarv last
'■ the date on which the Xortlieru li„.ii of this belt was tinallv deU'rudned i'l was
" iound that the following lands embraced within the said .Schedule ( ' accompauy-
•• in- the Urder-in.C„u,.eil of th. Hh of February Last w.add fall within the liunts
•■ol the bell ol the branch line of the Canadian I'aeitic Railway and would theu-
■toreicpure lo be withdrawn from the .sai,l Schedule C and freed from the
■l.rovisions of t'.,. said Order-iu Council of thr Uh Felaiiary Last :
■■ All Township .-tT, itanif,. (i, We.st Third .Meridian, . lO.O.VLti tacres,
'■ All Township :i.S, Rauj,'e 7, West Third .Meridi.m, . 1 O-jL'.-i.l):; „
" I'Y Township ;!,s, Ran-v (i, Wrsi Third .M.^ridLin . , 7.0:i L.-.l' .
" Fr. Township ;i!i. Ibui-v 7. Wr-t Thii'd Nb^ridLMU . . .yi |:t,;):i ,,
:i2,-H7.10iicroN.
■The Ministrr Iher.dore ncomru, nds that the lamls above enumerated be
• withdrawn from the .Sehrdnle C of the ( trder-in-Couned of the Hh February
' l.s:»l, and from lb,. provisi,,ns of thr said < Irder and be incorporated in thelamls
' to be reserved for the purpo.se of the laud j^ranl of the Canadian iVilic Rail
■ way, ai,d that the Northern limit of the belt ..f the said lin. a~ shown in ■ pnd< '
.mthea,com,,,.,ny:n- dia,u,au,s b,. approve,! ami e,adirm,.,|, th,. same In.in.r iu
acc,a-,lanc.. with lb,, r, ,|uir..n„.nts ,,f th,. A--, m,.nl ,lat,.,| 7th .buntary, iNiM
.ntered into betueen the (iov.rmnent and th,. Caiuelian I'acilic Railway Com-
4(J
30
pany un.ler tin.. Authority „f Voiir Kxfdlenoy in l\m
relatei
liicil, a.s liureiiiljffure
•■The Ci.n.nitteo mitmiit th.. s.i.mo for Vour Exct'llfney'.s appnjv.i
" Tu the Ifoiwiivithle
• Ihf Ministrr III the hitfrio):"
pprrjviil.
■(Signed) .JOHN J. M,(JEE,
" Cli'i-h- I'riri/ Conned.
10
80
30
40
40. On the HOth April, 1.1.2, a further Or,ler-in Couneil was pa.s.d, of whici> the
lollowmir is a true eopy :
"Certiti.Hl Cpy of a lieport of ,i Cuinmitteo of tlie Honourable
"tlic l^rivy Council, approved by His Jvxcellency the
" ('Mveruor-(;,.|H.ral in Council, on tbc 30th April, 1892.
■ On a Report ,iate,l luth of April, 1 «!)■', f,o,n li,e Minister of tlie Interior
■■.statin, that l,y an Or,i.r-in-Co„ncil, late,! 4. h .April, ISUl, certain IuimIs in thj
•• 1 niuv Alber; .listrict en.l.race.l w.thin a belt twelve miles wi.le on either si,le
ol the bne, were .set apart for the puriio.ses of the land ^rant to the .Manitoba
ant! North-We^tern Kail way ( 'onipany, and that l,y a previous Order-in-Couneil
■• .late.1 4th February. I MU, an area of l,L>of).0:!l aenvs of land were set apart for the
••purposes ol the land ^rant to the <^u'.\ppelle, LoMjr \.,\„. ^ Saskatehe.an
'■ Hallway Company.
•• The Minister Inrther state.s that an e.xamination of the h,nds set apart lor the
••purpo..e.s ot the l.ast mentione,! Company s .r,u,t proved th.tt a considerable
pioport:on ol the odd-numhered .sections within the tract could not be classifie,!
■• as • burly tit for ,setth„,e,it.' .and with a view to nuke np the area of the .'r.mt
due to the Company it ha. become neco.s.ary to make a further reservation
■ Ihe Minister furl her .states that it has also heen intimated to him by the
-Mamtoha and .North-We.stern iiaihvay Company that the portion „f" tiieir
"l.ne between Vorkt m and Prince Albert will be located f.irther North than u as
•■anticipated at the time of the pa^sajre of the Order-in-Council ,d^ the +th Vpril
•• I.S'Jl, here,ubeb„v referred to. and con.e,p,w,tly .some of th,. lan.ls re.s,.rv,.,l would
•■ not tall withm a belt ,.f twelve miles ui,!e on either si,le of ihe line Mr V
•■ li.-yd.^'es, the Vice-l'resi,lent of the Railway, has by lettm- ,lesi.nate,! ..ertain
■•lands within the Company's e.xistin,- reserv,.s which th,.v are willin,^ to
■■surremler, nmhuTept oth,.r laiels in the liiirh Hills an,| C.irmt Riv,.- ,listricts
•' III lieu tlierof.
••The Mini,ster, as the lan,ls propo.e.l to be sunvi.l, , v,! are ,.onti,mous to the
••.•e.servation of the (,.n.\ppelh., L„„. !.„ke an,| Saskatchewan iLilwav an,l
■'"■"•' -^"""-'^^vail.ible on bm-njr witlelrawn f. , th,. existin^r reservation for
•■ the purpo.ses of the lan,l ,nant to thai Company .submits herewith a map on
••which cloure.l ,n ' rcC are .hown the lands w|„eh the Manitoba and .Vorth-
" Western Railway Company offer to surrender. an,l in ■ blu,. ' th,. laiwis the od.l-
"■".nibered sections in which they propose shall be re.serve,| in lien thereof, an,l
31
"he rec.,„,mends that the proposition of Mr. Brya^es r-ceiv. the approval of Your
" hxcelloncv in Council.
" The Committee .suhinit the al,ove n'oomnieinhition for Vour Ivxcellencv'^
" approval. ' '
"(Signed) JOHN J, McGEK,
" To the Honoiu-abl. " ^^'''''' "^' "'"■ ^'''""■> ''"'""•''•
" The Minister of the Ivterim:"
-H. For -greater particularity your Petitioners crave leave to refer at the h,.arin.^of
K. thrs 1 etition to the Map referre.l to in the last u.entioned Order-in-( 'o.n.cil.
42 On 10th June, WM. a further Or,ler-iu-CouMeil was passed, of vvhiel, the follow-
njj IS a true Copy : —
20
30
M)
" Certified Copy of a Report of aConiinittee oftl.e Honourable the
" I'nvy Council, approved by his IvKcelieiicv tiie Goveruor-
" General in Council, on the 10th June, 1892.
_ ■■ On a deport dated ,Sth .\pril, 1,^92, from the Minister of the Jnterior .stat-
• ing .hat by an ()rd..r-in-Council .lated +th Fel,ruarv. IS!)1, an area of 1 -'(iOOSl
■ acres of land was ,s,.t apart out of which ■ The Qu'Appelle. Lonj; Lake and Sas-
■katehewan Radway Con.pany ' were to .select a portion of their land .^^ant of
•■ I,4I)!),712 acres to which they are entitle,], at the rate of (i.400 acres per mile for
■■ the 2;U.:« nnles of railway con.structed. l,ein;r .,xclusive of (he Hrst 20 miles of
■road.the subsidy for which is otherwise provided for l..y tl.e Companv and
■ certihed to by the Chi..f Ensincr of (lovernment Railways. ( )n an e.aM.ikition
•• of these lands being made by the t'o.upany, durinjr the season of IS91 the Com-
■pany .state that a con.si.lerable area of the available odd-,u.mberod sections was
■■ found not to co.ne within tl,e class of lamls ' fairly ttt for settlement, ' and in
•order to make up the area due the Railway Con>pany i, has becon.e necessary
'■ lo make a further reservation.
•• The Minister further states that hi a letter dated th,; 24th March 189-'
■• a.ldre.s.sed to hi.n by .Messrs Osier. Hannnond .».^ Nai.ton, actin.^ for the Raib
" vvay Co.npany, they re.,ue.sted that certain tracts of hu. 1 desijr„,ued hv then
■ sboul.l be reserved for the purpose, of the selection of their land -rrant '
" The Minister submits herewith a .nap on which are shown coloured " pink "
■Hnd tnarkcl A, H and C, the tracts of land so applied f,a-. By an Order-in-
■■ C nmic.l dated 4th April, I, S-M, the lands en.braced within tract B on the nmp
■• were reserved for the purposes of the sehrtion of the lan.l ^^rant to the Manitoba
•and North Western Railway, but Mr. F. Bry,|.es, representing that Con.pany
•• has written e.xpro.ssin- the willinjrness of his Co.npanv to sm-render the tract B
•■and accept other lamls in the Birch Hills and Carrot River Districts in lieu
•' thereof.
•'The Mini.ster therefore recommend.s that the odd-nnmbered .sections at the
•• dispo.sal of the Oovernment within the tracts marked A and B, contaiuiuj. an
4.0
10
so
30
32
■•apin-uxinmteamvof 1.03^,--^0,u.,v.. lu.,vs,.,.v,..l ,>n.l s,, .,,,„•, r,„- tl„. pmposes
" of the sclfctioii of tlu. laivl jrn.iit to th,. VuApprll,.. L,,,,- Lakr nn,| SMsk,,t,.l,.
" ewan Railway Company. In ivi^anl t„ t,-,„.t ( ', ...witainiii;: an M|,|„nxiniat,- ana
■■ of tKViiO acres, the Minister suhniitN tliat a ,vr,,-ene,. l,, th,. iHap shnws iha. il
■' he,, adjac.nt t<, the sonth limit of the twHve mil,. l„.|t .,f the assum,.,] Iine„r the
"Great N„rth-\VestC,.ntral Railway, hut that Caapany „p to th,. pn.s,.nt thne
" liave fm-nish,.,! n„ plans .sh,.winjr 'h'Hnitely th,. Iln..il l,,eati,Mi „r tleir i.„a,l. In
•■ view „r this eii-ennistanee, an,l „l' the faet that th,. (,»nAppell,., L„u<^ Ukv an,l
••Saskateh,.wan Hallway is a,tually eon.stniet,.,! ami nmninj; ihun^fu to I'linee
■•All„..-t, h,. (th,. Minist,.!-) r,.,. i,i,.n,ls that th |.|-n,iml„.,.,.,| s,"ti,,ns at the
••'lisp„sal ,,!■ th,. (;,.v,.,.nm,.nt, in th,. trael mark,.,| ( ' ,,n the map, h,. s,.t apart an,|
■ r,.s,.,.v,.,| for the pu..pns,.s „l- th.. s,.|,.eti,m „(■ th,. lami -rant ni |h,. (^)„-App,.||,.,
" Lonj; Lake anil Saskatchewan Hallway (Amipain .
••The .Minist,.r als„ re,.,aam,.n,|s in vi,.w ,if the faet that the (ireat N',a>th-
•' VVe.sl C.ntral Hallway Canpany l,y th,. t,.rms ,,f tlu.ir ('haff,.r are ,..itltl,.,l t„ all
"the .j,|,l-numh,.r,.,l .s,.etions at the ,lisp,j.sal of th,. ( ;„v,.nnn,.nl within a h.-lt „f 12
'•miles wide, ai,.ither. si,le„f the lin,. „f th,.ir railway that sh,ml,| |la. (i„a|
■' I.K'ati.ai „f that line he f,Mn„i i„ f.-ill farther .South than at pi,.s,.nt sl„,wn np.ai
• the map, then the Qu-App,.||e, l„,n>; Uk,. an,l ,Saskat,.h,.wan Kailwav Caapanv
•■■shall snrr,.n,I,.r t,, the ( i,.vernmeiit tor th,_. pnrp,,.scs of the laiwl'^aant t,. tlm
••Great N,a.th-\Vest C.ntral Kailway all th,. o,|,l-nnmhere,| s,.cti,ars in trad (,'
"fallin- within the .southerly limit of ll„.sai,| I w,.|v,. ,„il,- l„.lt. ,.xeeptin- ,mly
•■.such ,1,1,1 secti,>.is as the (.»»u'Appell,., Lon- L„k,. ,„„1 .Sask,.it,-I„.wan Kanw;iv-
'■ Company may have .s,)l,l or r,.eeiv,.,l pat,.nt for at that tin,,.,
'■The (',)nnuitt..e siilanit th,. al);,ve r,.,.„nna,'a,|,ii i,ai f.ir V,,Mr Kxe,.llen,.\'s
"approval.
"(Sijrn,.,|j JOHN ,1. .\|, (;|.;|.;.
■' Cli'd- of thr I'ruii Couii'il.
" To the lldiionvablc
" The Minister of tlie /ntcriur. "
43. For j^reater particularity your I'etitiuners crave l,.ave to refer at the Hearinif
ol this Petition to the Map ref.rre.l t,. in the la.st mentione.l ()r,ler-in-Council.
44. On 29th September, 1,VJ2, a further (Jnler-in-t ■ouncil was passcl, of which the
followint,' is a true copy : —
" Certified Copy ot' a Keport of ii Coiuiuittee of tlie Hoiioiiniiile
"the Privy Coiiucil, approved by His Kxeelleiicy the
" Governor-Cieiieral in Coiuuii, ,)ii tiie 29th September
" 1892.
■■ On a Report datcl 24th September, 1892, from the Minister of tiie I.,terior,
4.0 "statincr that liy an Order in-Coinicil <lated lOtli Jmie last, th,. I,,lal lenjjth of
"line upon which the Qu'Appelle, L„n^. I,ake ^ Saskatchewan Railway ii
'Steamboat Conipanv were entitled to a lan,l fr,-ant was 2.U.:j:) miles an,l that on
40
10
33
•■ the SOtl, July last tl,.. ( 'luof Enffinoer of (iovern.nent Railways reports that l,y
•an actual ro-,neasure>M..„t of the li„e ,.m,le upon th. p-onn.i, the total len.nh is
" found to he only 2.")3 Otj miles.
•'The Minister therefore recommenrls that the (Jr.ler-in-l louncil o'' the loth of
■June last he a>nen,le,], a nd that the total len^-th ,.f li„e upon u-tnVl, ,1,. .
-Qu'Appell,., 1.,,,^. Lake ^- Sas katehewun Railway .y St,..a,„hoMt Co,..,,,,n,-
" shall h,. entitl. ,1 to draw their land ,rant at tl,.. rate of >i.40(> aeres per n.ile, h e
" "'""' "^ -■'•''"' '"''''-^ '" ••'«' rdance with th.. eerdfieate of the Chief Engineer of
" tiovernnient Railways.
•The Committee subu,it the ahove recommendation for Your E.xeellencv's
"appnival. •'
•■(Sij,'ned) JO.SEE'H POPE,
■• To the Hovoarnhl. " ''""'''""' ''''"'''' "^ "'" ^'"'^ ^■"«'-'''
' '/'/(/' Minintt'r „f the Interhn:"
4.. Y^ur Petitioners accept the mileanre certified to hv the Chief Engineer of
Gover.unent Railway.s as .,et forth in the last .nentioned Order-in-Council to wil • -^53 9tJ
.ude,^ and they say that your Petitioners the Railway C.mpanv becau.e entitled on 12th
October, l.syo. to receive lr.,„. the Government of Canada I,4!>7,:f4+ acres of lan.l fairly
-<» ht tor settlement in addition to I2>S.()00 acres of lan.l which had already heen received in
respect of the first 20 miles of the .sai.l Railway.
4ti. Cnder the agreement a'uove set forth, hearinfr date the .5th dav of Au-mst l,S8i)
the Uovernment is entitled, as the land jrrant of the Railway Company is earned' from'
t.n.e to tune, to retain one-third of such land urant as security for any dehcienev that
nuiy arise m respect of the annual subsidy of §80 000 therein r.ferred to. and thj work-
to be aono by the Railway Con.pany as provided for in the said ajrreen.ent, so that
although the Railway had. on or before the 12th day of October, ISpO (when th.. Rail-
way was inspected and approved of by the Government Enjrineer , earne.l its land ,-rant
ot 1,49,, .•{4+ aeres ..xclusive of the 12,S,000 acres previously received, vet the Government
30 was an.l i. entitled to retain 4!)n.n4 acres thereof as such security a,s aforesaid.
t7. A further teim of the said ag.eement of .ith August, I8M), is that as th,. land
grant of the Railway Company is earne,l from time to time, the Government shall i.ssue
to the Railway Company Patents for two-thir,ls of the lands so earned , being the whole
of .... lan.l .rant so earned less the onethird thereof which the Government is entitled
to retain as aforesaid, and oi, and prior to the sai.l I2tli ,lav of October, 1890 the Rail-
way Company was entitled to receive, an,l it or its assignees still ar,. entitled to receive
Iroin the Government of Canada Patents for 998,230 acns of lan.l fairly fit for settle
nient.ai,,! exclusive of the 128,000 acres already received as afore.sahl /hut they have
not nor has any or eithrr of them received the snme, e.Ncept as is hereiiialter set forth.
40 ii'ul tlie Gov,rnment is in default in respi'ct thereof.
48. P,„,uant to the powers contained in the said agreement of .Hh \,i,rust 1889
and shortly after the same was executed, the Railway Company assigned thi^sai,! half
ywuly imymcnts co.niM.siii^r ||,o 20 y, arl y paynuuiU of !?;,S( ),()()() ,.,u.li tn Trust s l,y whv
"!• H.ruri(y lor tl,c l,on,l,.,| ,|,.l,t of t,l„. Hail way C „n,,any. and iho ( iov..nM,u.,it has si.uv
sncl. |my,n..„U I.w.um.. payal.l,-, I,™,, payinj; an,l .till coiitiniu.s to pay, s„cl. sinns ,lir.rlly
to siicli l',nst..es for til,. Iw.M'lit of tlu. hoi.l.Ts or till. CoMipaiiys 1,,,m.|s,
Ml. Tlw tracts of land set apart as af,,r(sni,| hv Onli.rs-ln-C.nnn! .lat.^l HIi Kd,
l.Sfll,:)()tl, April, l,S!)l „n,l l()||, .Inn., |,S!12, for sHeclion l.y (!„. liuilwav Conipanv
tlirn.ln.n, of .Island j,rrant ^^,.^■ in ,iw v:,m:v an.l at very ..onsid-.ral.l,. cNprns,. ..ar.'.
fully o.Nandn.Ml l,y I n.sp.Ttors .,f Un: i{ail«ay Couipany, for tl,.. purpos,. of as.vrlainin.r
what portions of suoh tracts (if any) consisted of land fairly lit for s,.ttK.n„.nl witlnn iC
10 uaaMMijrof the aforesaid agroL-mont, botwe.n the Uailw..y ( 'oniparn- and thu(!ov.rn-
ii;.'nt.
r>0. On,, of thr results of .uch rxaniination was to satisfy the Railway C pany
"" ""■ ''"'■ ^ *•■'•■* '""'■ ''ll''«:'^ I""' '■"«•' t" I"', that the .said tracts as a wl,ole'co.,siste,l of
'"'"'""' l''i''ly (it for settle nt, that a portion of the jr | lands therein had already
been .h.spesed of l.y the ( ioverninenl, that a portion thereof was claimed l,y the I 'anadin'n
racilic Railway Company, and that a comparatively .small portion eon.si,st,.,| ,.f Inuds
wliich the Kailway Company could he calh.d upon to accept.
.--.l. i'V.an the lands set .apart l.y tli.i UoNvi-ninent for the .seh.etion hv Ih,. lUilway
Company of its land trra'.t, the Itailway C,,mpany ha.s selected an.l has applied to I he
20 (iov.H-nment for :lH.:m.V .-.o-es ( Patents for a portion of which have heen issued) leav-
'"" ''•■•.'^'•i:l.l- '"•'•'■« to ho still su i,.d hy the (iovermne.it (,.ver a.id ahove the ..ue-third
which the Covenonent may ivtain as afore.s:,id) in order to fnllil its caitract with the
Hailway ( 'ompany.
.-.li. Immediately after the close of such exandnaticais the Kailwax ( ..mpanv ..MVe
""' '" II'" <l"vernni,.nl of the fa.'l (hat the lands to win,'!, it was enliiled could 'n"t he
ol'laiued from the tracts. so set apaH except toti Metil lastly ahove menti | and
'''■'"'""''"' ""' '■'■"'■iii"lcr of its land ^rrani fro ( Joverinuent. Xee,,tial ions for the
purposeof procuring- the remaitiih.r of lh,.sai.| lands h ,ve heen in |„^o;;ress ever si,
such deniaud ; hut np to the present ti t h,' said l;u,ds h.iv,. ie.| he,.,, , .".la in,..|.
;J0 .-,.•(. On Kith Ap,-il, l,S!i;i, M,.. ,\. ,M. Na„t„„, ,„.,i„.. „„ |„,|,,,|| ..f your I",., i, ,on,.rs,
a,l,liv.s,s,.d a u,ill,M ,,.ni,iiuni,.Mlio„ I,, Ih,. Il,,n,,u,.al,l,. ij,,. .Minis,,.,, oflh,. Int,.ri,,r f,,,'
CMna,la .■,.,p„.sti„,i;th,,l furtl„r ,.,.s,.rv,.s l„. n,a,|,. jor tl,,' liailway C y t,, s,.l,.ct
''■ '""' li'' .ippl''''! lo th,. I),,v,.rn t,.s,.t asi,|,. a ti-a,.! of lan,!^,, |h,. .Swan Riv,.,'
Vall,.y District for that p,i,'p,,s,., ^dvin- ih,. Town ..ips an,l l;au;.es unhin whi,.h sn,.h
Hclccti,'!, sh,,,il,| Im' ma, I,.
.",+, In 111,, last i„,.nii,,ned CO,, ,ni,.ati,a, it is slat,., I thai ih,. liailway (',, n,|,ai,v
h,.|, I 1,,.,.,, nnahl,. t,,s,.h.et ,,ver .•177.0011 a,.|.,.s ,if 1,...„,| fairly lit lor s,! t htiutu fr h',.
.sai,| (l,,v,.r,in,rul l!,.s,.rv,.s : hut this ,.sliii,at,. ,.„il„.a,.,.,l a si,|,.r;il,l,. p,,,!,,,,, ,,f |„,i,|
which n,.ilh,.|. Ih,. liailway C pany n,,r its Inspc'tia's |.,.j,ra,.,|,.,| as ImihI fairly lit for
■K) s,.ltl,.,„..,,' hut which Ih,- liailway ( o,npa,iy was willine t,. aec,.pl in ,„-d,.r l,,\,i,| H,,.
(iov,.ri,Mi,.,il ii, ,lis,.ha,.ei,,e iis liahilili,.s In |.,.f,. ,■,.,„.,. ,,, ,1,,. hn ,.;;,. jn^r.
^mmmmmmmmmmmmmmKmmmmmmmmmmmmmmm
35
•)5. On 21st April, 1893, iuv\ by tlio <lirection of tlio Hoiiom-ahio the Minister of the
Inti-'rior, a letter was written to Mr. Nantcm by the Seeretary of the Department of the
Intt'rior, showing the attitude of the Government at that time, ami whieh was wi'itten
after tiie receipt of Mr. Nanton's letter of 13th April, IM):!, and wliieh is as follows, that
is to say : —
" Sir :-
" Department of the Interior, Canada.
"Ottawa, 21.st A|iril, 1«93.
" Elaviiij,' reference to the land grant of the (i)ii'Appelle, I.oiii,' Lake and Sas-
10 " katehewan Railway Company, respectinjf which you have had various interviews
" with the Minister of tiie Interior in the course of the past few days. I am direett'd
"to put in writiny; the suhstance of the conclusions arrived at liy the Minister ia
•'regard to the various (piestions suhuiitled by you for his consideration.
" 1. The area of the land grant to which the Company is entith'd by virtue
"of the construction am! completion of the railway from Ke^iiia to I'rince Albert
"is 1,49!),? 12 acres. Already tracts of land aggregating 2,743. .V.ll acres, compara-
" tively adjacent to tlio line of railway, have been set aside for tie' purpose of
" enubling the Company to select the tlrsL mentioned are;i iherefrom ; and these
"tracts of land have, it is understood, lieen carefully e.>camined and grad.d by .Mr.
20 " li F. Dodd, an otiicer of y(nir Ccjmpany specially appointed to do so. The result
"is that Mr. Dodd has advised your Company that within this gross area of
"2,71-3,')91 acres there are but 377,01)1) acres (which have been indicated upon a
" map and .set out in a .schedule .submitted liy you to this Department) which he
' would recommend the Company to accept as being fairly fit for settlement.
" 2. Taking them as a wdiole, the lands lying south of the noith branch of
"the .Saskatchewan wdiich have been set asi.le bir the purposes of this selection
"by your Company, have lieen surveyed and .set out for settlement by professional
'■gentlemen employed for that purpose by the Depaitment of the Interior, and the
" lielil notes of these surveys are of reca'd in tie- 1 )eliartment. On the north -ide
80 "o'' tl'^' Saskatchewan, oidy tlie townships in companitive proximity to the river
" have been surveyed and set out f', ttlement, but a few township outlines have
" been extended as far north as the .nil b.ase line. The tiehl notes of all these
"surveys have l)een compared with results of .Mr. I )odd's examination, and there
" is, as was explained to you verbally, a .somewhat serious iliscre])ancy between
" the conclusions anived at by .Mr. Dodd as to llu' ipiality of a great proportion
"of these Ian. Is ami the grading of the same territory by the Drpartmental sur-
" ve\or,s— so serious a discrei)aney indi'eil as to make it clear to the .Minister ili.it
" oidy a new exandiuilion by a competent an. 1 imlependent surveyor, who u|i to
" the present tiiiii' has not iieen eng.aue.l either for the Company or the ( i.jvcrn-
iO "meat in surveying or grading any of the lands in ipiestion ami who will there-
" fore be free to ariive at indepeu.lent and reliable conclusions, can solve the
"ditliculty. The Minister w.ail. I have pn^lerre.! that this w.u'k sh,.ul.l be .lone
" by Mr, Wni. i'enrce, 1),1,.S.. and .Superintemlenl of .Mines, but on account of
"prior engagements Mr, i'earce is not at pre.sent, and is i a likely to be during
" this .season, available tor work of this description I'he Minister regrets this the
"•iPHiiMpimi
;{6
10
•20
" more because the officers of your Company have invarial.ly expressed their
■• rea,hness to ,al,i,Ie l,y any conclusion at which Mr. I'eane mirrht l,e likely to
•■arrive. He will, l.owever, at a very early ,lay select another professional
" trontleman having an nearly as possible Mr. Pearce's experience and (lualiHcations
"to >iiake the necessary examination and report, an,l will take counsel with Mr.
" Pearc(.' as to who is likely to prove the most capable for the work,
" 3. Meantime, with such a larj^e area of land already under reservation for
•■the hen-Ht of the Company, the Minister does not see his wav, until the new
••examinations and reports have been completed and subn.itted, to make the
"a.l<litional reservations in the Swan River, Willow Bunch an.l Wood Mountain
".hstncts for which yon have n.ade application. He is quite .sensible, however
•■ that It would he in the public ir.terest to have this nmtter settled at the earliest
•• possible moment, and he will do everything which may lie i.. his power to per-
•■ mit ol a sati.sfactory selection bein- made el.sewhere if in the end it should prove
•• that the projiortion of land lairly Mt for settlement within the tracts alrea.ly
•■ umler reservation is insufficient to make up to the Company the area to ^vhicl.
•'they are entitled by virtue of the con.struction of their iMad.
" 4. I am further to put in writing the verbal assurance which the Mini.ster
■■ conveyed to ym that pending the tinal location of the whole of your fompmys
■■ land grant, no portion of the land in the Willow Hunch and Wood Mountai,.
'■ district, eovere.1 by your application, will he apportioned to any other railway
■■ company as a land grant, and he hopes in about a month or six weeks or at all
••ev,.,its well in advance of the settlement of the question of selection within the
•■ tracts already under reserve, to be able to tell you definitely whether any por-
■• tioi. ot the balance t,. which you may then be entitled can he provided for out
'• ol the lands applied for in the Swan River country.
" I have the honour to he,
" Sir,
" Your obedient servant,
•■JOHN R. HALL,
„, , ,, „ " Scrrrtto'i/.
' lu A. M. ^(tlt^on, hxq.,
" Whinipeij, Man."
oO. No agreement haviiy been arrived at between the Railway Conq.uny and the
(.overnment the latt.T decided to have an examination of the hin.ls .so set apart for the
Radway Compuny made by a land surveyor, John MeLatchi,., who after maki,,.^ such
examination reported at length to the Minister of the Interior, which report in so^fir as
It IS material to this I'etition states tl,-,, the Railway Company ought to a-'cep. l.-'!l .V'O
acres from llu, .said Reserves in addition to what had ben, approved of by the Railway
40 Company s examiners and should reject l,.w(l,()0() acres, although he found and so reported
that a very small proportion of the sa„l Reserves contaiii-d first-dass agricultural land,-,
.-.7. The Railway Company was no party to the employment of Mr. McLatchie and
hH8 always contended and still contends that his report is quite unreliahle and is ba«ed
30
i
m^mmrm'^'^^''^''''^
2(
30
40
37
upon u principle of selection not warranted by the agreenu-nt between the Uovernn>ent
an.l the Railway Con.pany wliioh called for lands ■ fairly Ht for sottleMiont,"
■W. The Reserves .o examined by the .ai.l McLatchie and availabh. for th. Kail-
way ,on,pany do not contain n.ore than 377,000 acres of land fairly Mt fo,- s.tthment
and th.s estnnate inclu.les a large ,,uantity of land whirl, the Railwa;- Conmany upon a
fau-co,.stn,etionof the tenns of its a.ree.Menr with the (iovernnu.m o„,d,t not to b.
compelled u. bd<e. The estimate referred to is based upon .h, r.port of a careful «n,l
relmble Land Kxannne, nan.ed Dodd. who ac ,.eat expense, which w„s borne bv th.
Radway Con.pany, made a thorough examination of the whol,. of the said Reserved and
10 whose report to the above etlect was soon aft.r its receipt by the Kailwav Con.panv
placed in the hands of the tiovernment. " "
59. Pnriug the controversy between the Honourable the Minister of the Interior
and his Deputy on the one hand and .1,,. Railway Company and its ofKcers on the other
and winch was kept up for a considerable time, as to the ndative merits of the McLat-
chie and Dodd reports the Minister took the position that he had th.. Icml ri^ht to de-
termme the ,|n,.stionas to what lands were fairly (it for .scttlenunt ; but ^xmr IVtitioners
submit that such a construction of the agreement between the Government and the Rail-
way Company is contrary to all principals of law and j„,stiee, and that such ,,uestion is
entirely one of tact to be determined upon the evidence relating thereto after ascertain-
'20 lug the meaning to be given to the expression " lands fairly Mt for settlement,"
CO After a long correspondence between the representatives of the Minister and
oUhe Hallway Company, including correspondence with Messieurs Morton Rose S: Co
of London, England, who through your Petitioner, the Land Company, had'a lar-'o per'
sonal interest in th. said land grant and through whon, ,h,. great,.- potion of themon.y
to construct the .said Railway was obtained, tho I'lvsid^nt of iho Railway Company on
20 h March, 189r,, addressed to the H urable the Minister of the Int.rio'r the following
letter : — "'
30
40
•■ The Hon T. M. Ihdy, "Toronto, March, 20th, 1,S<)5.
" Minister of the Interior,
" Ottuuu. Out.
sir, —
" Rk Land Oh,\nt,
•• r l„.g to call your attention to th.. fact that the Lan.i Grant to u hieh this
■ Railroad is entitled to has not yet l.vn satisli.d and that the Company is st
• anxious to come ,o an agreement without further delay regarding the lands
"which 1. .shall agree to receive. I h„ve already pointed out to your Depart-
•• ment my views on all the points in dispute, and it is therefore niHieeessary for
•■ .ne to go into details further than to a.Min assure yon, as has already been done
' verbally on numerous oeca.sions, that the Company is and always ha's been anx-
"uniK to make an amicable settlement of all the poini.s i„ di.spute Von are
"aware that 1 have already pointed out to your Depart men! the way by which i
"settlement might be come to, viz,, the placing of the .Swan River" Valley lands
mm
■■■■Hi
3(1
40
10
38
"at this Company's disposal, and I cannot see aft.r takin;: all points into con.sid-
"erat.on, wl,y you ,io not n,..et tl>o Con>p,u>y in this way. Messrs. Morton Rose
' & t ornpany l.ave sent nio a co]>y of tlieir letter to you of the mh Deceinher
" last atid desire to know from me in what position tiie Land Grant affairs now
•stand, and I would therefore ask you to let me know at your earliest possible
' eonven.enee exactly what stand you take re;r,,,,lin^r th. mnnerous points in dis-
• pute and what sufiKestion you have to make rej^ardini; the settlement of the
•'«ame. I feel that the stan.i I have taken is the only one open to „,e, and had
" 1 acted d.rterently and aceepte.l „n hehalf of the Railroad the bulk of the lands
".'tiered by the Government, that 1 would not have fu'tilled the trust vested in
"me as President of the Company.
" 1 have the honour to be,
"Sir,
" Your obedient servant,
' H. C. HAMMOXIJ,
" President."
To this letter the Minister replied as folic
20
30
40
" Ottawa, -Zlih March, 1895.
" My dear Sir :—
"I have to apolocrise for the delay in replyinj,' to your letter of the -JOth
•■ which jrot mislai.l in some way, and only turned up to-dav, I was .dven to
"understand by the Deputy Minister of the Department some time a..."that he
" was m communication with Mr. Xicol Kin;..smill in connection with the land
"Krant to the gu'Appelle .V Lone, Lake Railway, but I am not aware at the time
" of writing what conclusions were arriv.d at between them.
" 1 need only reply to that portion of your letter in which you say : ' I have
" 'already pointed out to your Department the way by which a settlement might
•■ ■ he come to, vi. : the placing of the Swan River Valley lands at this Company's
disposal, and 1 cannot see after taking all points into consideration why you do
" ' not meet the Company in this way.' In reply Ko this 1 can only say that it is
"entirely out of the question your Company looking to have the Swan River
" Valley lands place.l at their disposal. I am .speakin^^ from recollection, but 1
"think m the Departmental letter written to .Mr. Nanton on the 2:h-d December
"1893, it was positively stated that these lands would „ot be h,,ld for vour
" Company.
" How it is you have come to the conclusion, in view of the statement
■ contained in the letter of 2:h-d December, 1893, previously referre.l to, that these
" lands were being held for your Company I cannot iinderstaiul.
■• As to the other points mentioned in your letter 1 will see that you are
" communicated with at once, and fully, thereon.
39
" Belli! ve mo,
••H.CHammon,.,Es,,, ■■ Yours very truly
"^'j^^^'^fQ'^^h'r"'; ■T.MAVN'EDALV
U)))^ Lake tf Sn^kalchitw'in Iliilwmj
•M'.' Stcamho,,! Co., IS Kin,, St. West. Turonto."
The Miui.ter urto.wanl.s wot,. t„ the I'rosi.lent enclosin.r the Morton, Rose & Co
orrespculeuce an,l ex,, .in, that -he leUer fro,,, Mr, Hur.ess, the De,.u,y Miuistt C
L';:;:;s'"^'" "^ "■ '"^ -"- '^"^'- '^ ""^^" ^'" ^"^^•' --• ^- - --^
CL Durin,. the ,.eri,„l after the receipt of the McLatchie aucl Do,l.J reports and
uHew M ;■■; ; r '^ ''"' '''"''^' '"^^" '"'"'^'' ^^^he declaration that
he 1 a,h a, Con.pany dechned to leave the ,,uesti„„. at is.ue t„ Mr. IVarco a« sole arhi-
tl a 1: , "" '"■''• ""'• ''"■ "'""^^■'"" — -"i-tion wa.s sent IVon,
the Interior Deparr.nent to the IVesident of the Railway Con.pany :_
30
40
'Sir:-
" Department of the Interi .r,
" Ottawa, 2!)th April, !«!).).
^ • llelernnjf to the suhject of the land cjrant of the Qn'Appelle, Lon;. Lake i Sas-
_ katchewan Radway ^' .St.a.nhoat C„n,pauy. as to which .Mr. Kin.sudll has f„r-
^ warded to th. Department a eopy of a letter received l,y hin, fron. Messrs Osier .V
■ Hannnon.l, under ,• ae of the !hh instant, in which they decline, on hehalf of ihe
oinpany. to allow the points in dispute between .Mr. McLatchie and .Mr Uodd to hr
relerrci to .Mr. IVaree, 1 have U. inforn. you that under the-e cir.-un.s,ances the
concl„s,on.sarnved at l;v Mr. MeLatchie are the conclusions of the Ministerof the
•• Interior and the .Minister nou- lonnally tenders you the lands enumerated in the
^ encloscl .schedule for the purpose of the laud ^^raut to your Company. I have
Inither to notify y„„ that the .Mi,d4er will proceed to .select and tend'er to vour
■ Company an additional area of land out of which to make uj, the halanee comin,.
" to them. "
" I have the honour to be,
" Sir,
" Vour ohedient servant,
H. C IIAM.MO.M,, E,sM., .,,,o„x K. HALL
" Presulen t Qu'Appclle, Lomj L„kr ,(■ S„ 4-atchnfun •• ;s<rrel„ ru
" liaUivay i(- Sleamhutt Vomimnij.
" IS King St. West,
" Toronto, Untario."
40
he .Sche.lulL. referred to in the said letter is a list „f the land, wliich D.dd had re-
jected but whieh M< Latchie had rqx.rted as fairly tit f„r s.^iIl..
embruce 722,079.0>S acres »i land in the .said Unserve
Linent and ]mr|iorti;d to
62.
On 21,st of May, 1,V,)5, the President of lb. IJailwav Con,pany wrote to the
becretary ol the Department of the Interior a.s follows:—
10
20
30
40
u r , u ,, n r, "Toronto, May, 2l.st, IS!).V
" John li HnIL Esq ,
" Secretary DeimrtmeiU of the Interior,
" Ottawa.
" Sir :—
"I have the honour to arknowlodu,. yor. coniinnniration of 2!)th
" ultimo upc-i the subject of th- land ^^'ant of thr (,)M-Api,..||,, |,,,n- l,al<.. .v Sas-
"katchewan Railway .t .St..iM,boat Company and referrino' t,. ndnCl „„ luhalfof
"tho Company to the submission of the points in dispute brtwrrn the ( lovvrn-
'• ment and the Compa.,y to the arbltrali.a, of Mr. I', ,uxv, and furll,..- infonnincr
" me that under the.se circun^stann-s the D.p.rtment I, ,s adopted the conclusions
"arrived at by Mr. .Mcl.atchie .aM-l fonn.ally tcnh-rin,. to th,. ('on,panv the lands
"enumerated ni the Sd„.,lule on.-losrd will, your comn,in,icati,,N.
•• I lie- to say in the first place th.at I rej;ret that the Mini.ster sho.dd insi.st
■ upon the ,p.estion.s in dispute bcinjr referred to .Mr. Pearce, and I cannot help
• thinkn.^. thai the reason.s given in my former correspondence for refn.sing to
■■ submit these ,piestions to Mr. I'earcc aie.so co-ent that they oujjht to have been
" accepted by the'Minister.
•• I am still not without hope that the Minister will a-ree that the difl'.Tences
"as to the lan.l which the Company ou-ht to take and whichari.se ,m the eon-
" tbctinj; reports of Mr, D,;d<l and .Mr .Mcl.atchie are capable of solution by a refer-
"ence co a disinterested and unp.vju.liced rebree, upon whom it oui,d,t not to be
' impossible for the Mini.ster and the Company U> a;,'ree
'■ I therefore hope that the Minister wilf reco.rsidc'r his deterniiu.aiun to ac-
"eept the conclusion- uf Mr. McLatehie if the Company will m>t a ..ve to leave
" the matters in disjuite to .Mr. Pearee.
" I have only to add that the Company is .still ,|uite willi,i;r to .submit th,.' dis-
" pute to a competent and unprejudiced .■xpert, and I em assure vou that the ( 'om-
" pany will not be f.mnd to be unreasonal.le when the sehrtion" of Mich an ,.xpert
•comes up for cmisideration. Failin.^r that [ bej; to say on b.-half of the Com-
■ pany tiiat they cannot acee,le to the el.iim of the .Minister that he has the le.ral
" right to determine what lands are fairly tit for .s,.ttlement, ,u,d U-r t„ submit that
" this is a .lue.stiou in which the Company has a rieht to be h,.ar,l.
" As to the lands ten,lered, 1 b,.g to say on l,ehalf of the Company that the
"Compa.ay cannot acc.'pt the .same, as in the opinion of the Company tbey ,lo not
" consist of lands that are fairly fit for sottlenumt or such that the Government
'■ are called upon by their contract with the Company to jrive to it.
" I beg to a,ld that as there has alix.uly been a g,eat"de d ,.f ,lehiv in settin.r
"apart proper reserves out of which the hviids to which the Company are entitled
10
41
• can b« selected, nml as this i.s a niattfi- now of very si'rious moment to tlic Com-
" pany. 1 woiiM respectfully aslt tliat tlie Minister should without further deLiy
■' set apart prop-r lies Tves out of which tlie Ooin[) my mi^'lit seloet the ri'in linder
"of the lands ti> whieli they are entitled under their ai^n'eenu'iit with the
" Ooverninent.
" I lie:: further to add that the Company still adhere to the p .sitinn taken in
" former coi re^pondenie in reference to the lands in tlie Swan Ki\-.r Pistriet. and
■' would he ipiite willintr to accept their lan.ls so far as liny will i,'o fmni lie-ervi's
" in that District in accordance with th ■ iiii lerst m lia ; whieli in the view of the
••('ompany was formerly arrived at with the Miiiistei.
" 1 have the lionour to be,
" Sir,
" Your obedient servant,
"II. C. HAMMOND,
" l^ resident."
And on :27th May, 1S95, tlie Secretary replied as follows :—
80
Sir:
Department of the Interior,
•• Ottawa, :i7lli May, 'yj.
20 ■ I ben- to aeknowled,'e the receipt of your letter of the 21st iiHtaiit, in
'■ further reference to the subject of the Qu'Appr!: •, L m-- Lake \- S,iskatehew.an
" Railway Company, and to say that your repres titalinns will be subinitteo ;or
" tlie Minister's i-ider.ition at as early a date as po>sibie, but it will h,ive to be
" borne in mind thai .hiring the Session of l'arliam:'nt it is not e,isy to lind the
" time necessary to ;;ive (piestions of this kind the careful cinsideration which
" they deserve.
" I have the lu-iiour to be,
• Sir,
" U. ('. II.VM.MOND, Esq., ■ Vour obedient serv,int,
" '■"' l^'ix.l ^1 If, "JOHN H HALL,
" Toronto. Oni:' " Hecvelin-ij.
(l:!. \o further pommunications havinir been received by the Railway Companv its
inteivsls ,Mnd the interests of the other I'elilioiiers were, on H)ih Itily, |s;l.-,, pl.i,.,. 1 i,," il„,
hands of their present solieilnrs with in ,ti lelinns to .seenre their rii,'hts under the afore
Slid Ordersdn Couneil ,aiid .\i,'reemeiUs. and on ihal day th>' solicitors .sent the followiiiT
letter '.o tln^ Minislei ; —
•Julv lltth, '!)3.
The Hoii' I r able
" Thf MiniMi'f of the Interior.
" OttltiVlL.
■ Sir,—
# " ^^'e have lb,, h.inour to state that the interests of tin. (,)u'.\ppelle,
" Lonj; Lak<' .V Sask.atebewan Railroad and Steamboat Comp.any and of the
42
10
30
40
"various panics ijid ivstcd iti the {.ami (irant of tliat Compaiiy incliulin;; tlic
"t:iif(lisli iiivi'stui-s. havr hrrii j.l.'iccl inmir hands, ami in onUn- to I'ully iii'l'onn
•■otn'sulvcsas to the larts wv havo can riillv |jc, ..,J and coiisidcivd tlic various
"Ofdci-s-iii-Conncil which have from tiiim to Lime Ijoen passed in connection with
•this Land (JiviiiL, the various rejjorts wUi<!h have from time to lim.> been made
"in coniHTtion tlicrcwith and the correspundence which has i)assed hctweeu your
" Department and our clients in ruferencu thereto
" Tlie correspimdenee di-closcs that our t-lients liav- bc.'ii un ihlc (..secure llie
••land to which, we thirik, tl\e.y are h;„ri|iy ,;ntitle 1, :u it sj;mh t) !)■ ,,'iit • hn'onl
•'doubt tliat till.' |{:iiKvay lias been wmijihited aiifl has been accejit.d by the
" Dominion (iovermuent
•• We feel ,|uitc> sure that you will ajjree with us that it is not necessarv for
••us to refer at len>;th to the particulars of liic various ()rders-iii-( 'nuncil or to
••the ,lilMeu!ties which have .arisen between your Department and the i •,,mpauy
■' as to the ri'jeciion of the lands whieli you have jiroposed should be acceptt.'d by
•'them and which the Company has rejected because the same are not fairly fit
•' for settlement,
•■ A rcpiest has bi'en made by the Company to y<mr Department that .iihi'r
"lands shall be set ajiart from which the Company may select its Land (irani aid
•■ we are instructed that no fuv..uraMc response has yet been rcceivcl bv the Coin
"pany to this re.piest .■iiid we presume we may conclude that t his re(|Uest has
•' bicn refused.
• We now therefore on behalf of the C.impaiiy .and of all p.irties interested in
"this land j,'raiit be;; to request that you will inform us if the Crown will. ;it .■m
•early date, si't apart other lands in the .N.jrth- West Territories from wliich the
"remainder of this Lund (ir.iiit to which this Company is entitled may be
" selected.
■' We think if only rie;ht that we should now state th.it the instructions which
•• we have received ri'iiuire us tn as.scrt the Ic^al ri,^hts of the Company ami the
"other iiarties interested in this Land (irant in the event of the Crown lefusiiii,'
■' to set a[) lit other lands from which the sidection may be made and in such event
"it is our iiitentiiin tci in-iuule pro. lines aj,'ainst the Crown and to claim
" com| .isitioii ill moii. y as mi alternative if tli'j remaiichr c,f the Land (irant b,.
•' refused, or if it is found that for any reason the same cannot now be provid.d by
•' the Crown.
"Diir clients will ^neatly rej;ret beini; compelled to le.sort to the Courts for
"the assertion of their rij,dits but the int,. rests involved are too important to
•' warrant their bciii;,' deprived of their lands or of npeiiNitioii for what wc,
" with deference, submit will be a cle.ar breach of (Miitraef on the part of the
•' Crown.
'■ Wc have the loii-ur to ri'ipicsi that we may be fav. iircd with an early
"reply to this commiinieati.in
" We have the honour to lie,
"Sir,
'■ Your obedient servants,
" McCarthy, oslkk, iioskin >v ckkkl.man."
w
+3
04. (Jr. the 2:inl July, 1.S95, tlio A-sistant Socictary of the Dopartiiunit wrote t,.
the solicitors acknowle.l^ri„M- their letter of the lOlh aiwl statin- that tlie matter would bo
broii-ht to til,; inime.liate attetitioii ot the Minister, and on the :jlst .Inly the Assistant
Secretary a,s,'ain wrote to the solicit .rs to the eU'ect that Iho whole of the papers havin..
relation to this land p-ant had heen ivlerred to the Department of Justice and the
aolicitors were re.,uested to a^ait the decision of the Justice Departn.ent, when the
Minister of the Interior would af,Min coniniunicate with tlieni.
65. No action havin^^ heen taken in the matter hy the Minister, the solicitors on
11th Septenil„.r, 18S.5, aj-ain wrote to the l)e|)artm.-nt for an answer to the letter of l!)tli
10 July, and on :^Oth Heptend.er th.,. Assistant Secndary of the Department wrote to the
.solicitors sayin^r that the matter was still with the Dep.irtment of Ju-tice.
GO. On .-ird October, 1,S!),5, the followinj; letter was s.nt to the .solicitnrs from the
Department of the Interior under instructions from the Minister.—
80
30
+0
' Gentlemen :
' Department of the Interior.
" Ottawa, October .'ird, 1895.
■' Reterrin- to the corre.spondence which you have had with the Department
•m r,.,.ard to the land ^rant of the ...u'Appelie, Lon;. bake .^ .S:,.skatchewan
" Railroad .s: Steamboat < ompauy, 1 ha-e the honour, bv ,lirecti to .state that
•• ue are now advi.sed by the .Mini.ster of Justice that if there is an irreconcihible
"difference between the Oompany and the Department as to the ,|uaiititv of land
•'.n the tracts already .set apart by ( h^lerdn-t ■ounril which i. available for the
"Company's Land Grant as bein. fairly lit for settlement, he is of opinion that no
"other eour.se is open to the (i,.vernme,it than to leave the Canpanv to assert its
"claims in the Courts, The Minister of Justice p„ints out .hat „ w^.uld no doubt
■•be le*.s expensive than legal proceediiys, and otherwise more .sati^factorv it the
" Government and the t^ompauy could ajrree upon .some referee whose decision as
"to the fitness ol each parcel tender,,! by the Depart nt woul,| be accepted by
• both parties as tina As y,.u are aware, th,. attempt to promi.se a .settle.nent in
"this way has not so far been ,su,.cessful, the r„mp mv refusiufr to a,ave to the
"appointment as referee of Mr, IVarce. t|„. Sup,.riiaeud..nt of .Mines, to whom the
" Department proposed to submit ihe nuittei,
" 1 am to add that the Minister of the Interior is very .anxious that this
•MUest.on should be settled as soon as possible. an,| I ,uu ,„ :.k . I,,at t' e fompanv
"will take into its .serious eonsi.leratiou (he sn;;-;j,.stion of -he Mini., r of Justice
" tor dealing with the matter tlirouj,d. a referee and wiihou, ,oinj. to the Courts.
1 have the honour to be,
"f feiitliiiien,
" Your obedient servant,
" LV.NDWoDK I'MkEIRA,
" AHMintinil ISnoreta)-^,"
"ToMics.siis McCautiiv, Osi.ku, Uoski.s v<f Cueiclman,
' Biirriakrs, Toroittu."
Efil
u
07. On 1 HI. October tl„. ..licitors un.lrr in.tnictin„s f,.,„n you,- I'otitiono.vs wrote
t..thi; ^ecivtiU-y oF tlio D.'p.-irtinoiit of the Iiit.Tiur us l\,Il,,w.s —
10
20
30
40
, ,„, „ "Oct. utli, in'jr,.
I he k>eci'i't(iri/
" Departnitnt of tin' I nU:rior,
"Utlawii.
•Sir:—
■He (^11 AiM'Ki.i.i:. l.oN'fi Lakk ,t S.vsk.vtcuhvvax Rv. .y 8. Co.,
Fvi.K No. (j.j:i,s;i, Xo. :,.
■' We l.ave the ho.iour to arkn ,ule,i-. tl,e reeeipt ..f your letter c)!' .-jnl inst.
•'and hejr to say I hut it iuis been sulmiiltel to our clients, with whom we have
" very fully diacussecl its contents.
• Al'ter we ha.l nia.le our-elves fa.nilhu- with the vario.i, Onlers-in-Cou„cil
■' relating, to tliis matter an.l with the len-thy eorrespon lenee that has taken
"place between our clients an.l your Department, we foinie^! the opininn that
'• there was an ir.econcilabl- -litference between the Company an.l the Department
"owiMiT to tlie fact tiiat the Minister .secme.l to have niade up hi, min.l that the
'■ Company couM fr,,n, the traces of lan.l already .s^.'t apart by Or,ler-in-C.uneil
•■ select -utlicient lands fai-ly iit tor .settlement to M,cet th- r.<,uirem.nts of the
• f..rme, Order.s-in-( ■oune,, aval th.e CoM.pauy .seemed to be perfectly sa'isKed that
■ the tracts .so .set apart did not conttviu even a considerable prjfiortion of th-
" lands to whie'i the Company was entitled.
"Your letter of the 3,d in.st. ami the proposition therein contained lead us to
"suppose that these dillereiices are not irreconcilabl...
" We can a.s.-,ure you that any disposition of this matter whirh will r.nder
■• unneee.s.sary the expon.sc of lejral proceeding.s which we thou-ht inevitabl.. u ill be
•' regarded as very satisfactory to our clients.
•■We think it only due to our clients, however, to .say th.it when th.-y
■ decline<l to ne.piiesce in the su^'n^sti.Mi that Mr. l'e;,iw. Superintendent .,f .Minc-s.
■should I.e appointed as sole referee they had b, lore .hem the slat ment oi Mr
• Hur-ess that Mr I'.arc had already expre.,ed him.sclf in favour of the report
■■made by .Mr. .McLatchie and y~m e.in easily nnde.N!a,„J that t'.is would, to a
■■ v.ry lar-e extent, .li-ipialify Mi-. I'earce from aptin,^ .^s an impartial reieree.
■If a ref<,.ree satisfactory both to the Minister and the Company could be
■aj^rreed up.m we are quite sure that -Mr clients w;|| not decline t-. come in to
'■ some arram,r,.ment with that object in view.
■■ It seems to us, howevc-r, that befoiv detorminin.' upon a reference and, per-
•baps before con.i.lerinjr names, it would be advisable to ajT'-fe in s, me way or
•■ other as to the meaning' of the expression • lands fairly lit for -ettlement.'
"Ourviewsas to the proper d-linition of tin- lerm may not be .lilferent from
" those hold liy the Minister.
■■We would be^lad, Imwever, i,) be inbu-med if -..m.- inel. rstandiui; can bo
" iirrived at between us and the Ministtr as to tie- inslruelions whirh w„uld be
"given to the r.-feree as t,. this point ; in other w.,rds, what i-. the meaninu- of the
"expression ■ lands fairl\ tit fur settlement.'
10
■■ We have no douU tlmt tliis questiou l,a. boon very fully consi.i.r,.! in the
■' Dopartnuu.t.nd thatyou will not li,„l it .litlicnlt to .ive us the viow.s entortaine.l
" by the Minister in this eorineetion.
" If we couM a^rr.,, u., to the n.eanin.cr „f the wonls • lan.ls fairly (i, fcr settle-
ment and ,t It cul.l aiso be a;n-eeJ thai sueh .letiuition is h, be furni^hea to the
'■ referee we do not think that there will be uuieh .lifticultv in aj,rreein.r upon a
" proper person. " "
•• We can assure you that we are very anxious that this quesiion shouM be
"settle,! as soon as possible and we are gla.l to notice that the Minister of the
' Incerior is also desirous that there should be no further delay.
•' If our nefrotiations will result in our coniin,; to an uiidersfandin.r for the
•setllement ot this matter throu,:;!. a referee without goinrr to the ('our^s we can
■assure you that we shall be very mueh plea.sed and we are sati.sfied that our
■clients will re<card it as a happy .solution of the difficulty.
" We have tlie honour to be,
■' Sir,
■' Your obedient servants,
■■ McCARIHY, O.SLER, HO.SKIN ,Si CREELIIAN."
6.S.
On 22nd October, 1895, the Presi.lont ..f the Railway i;oinpaiiy wrote to the
20 Minister of the Interior as follows:- ^ «u,tt to the
80
40
" Hon. T. M. Daly, " Toronto, Oct. 22nd, 189,1
" Ministtr of the Interior,
" Ottawa, Ont.
" Sir : —
•■The Qu'Appelle, l,on- Lake \- Saskatchewan Railroad \' Steambnat fom-
'■pany are now proeeedin- to vest in the ditlereiit parties entitle.l thereto the
"lands which have been earned by the •■onslruction of the ( ■onipany's Railway
■• and, ,n doin.; .so, are proeeedin- upon the ba.sia tliat that portion of the Dominion'
" land subsidy which was reserved to .secure the Government subsidv of .^^SPOOO
" a 3-ear, would not fonn part of the lan.ls already, or about bein.', .selecte.l by'the
"Company, but that the (iovennnent would allow the Company to select its Land
•■ before .setting aside the Government p,jrtion. This seems t , be the intention of
"the Order-.n-Couiicil of the 4th ..f February, 1,S91, which states as follows :-
"■The Minister olLserves further that the Company have already earned by
"■construction , . . .Sioee 1,, ,,..,,,..„. i... ,• i r .i ' .
.-^inu, lioue\ei, li\ virtue of the Agreement
"•between the Company aii<l the (iovernment. ,lated the .".th of Au-u.st 1.SS9
"'pravi.sion is made t„r (he ,etent,on of one-third of the ( 'oinpany^hnd grant
■■ ■ to be held by the (iovernment as a first charge or lien securing the re-payu.ent
■■■ot any dehciency in the amount earned by the Company in any year for the
" • services provided for by the contract in ,|uestion, he is of opinion that the pre-
"■sent requirements of the Company in regard to their land grant will be
" ■ suthciently fulfilled if the lands mentioned in the two schedules hereto attached
"■marked A and C, are reserved and set apart ,., he granted to the Company
10
46
•• • .H.le.. tho ( >nle,. i„-. ouncil, an,i A......n,.„ts 1,hv,„. reference to ,1.,. Con,,,anys
lan.l suLsiily whieli are n..w in force uiid effect.'
"This Order-in-C ouncil follows an interview with the Minister of the
" h r^ : "" .^""'f'".''^' ''"'■'■■ "'-^>-^ •--' -ti-n >...on this supposition. .,„t
upon record, eHl„.r by .)r,le,in-( 'ouncil or Uy conununica.ion to the . 'on.pany.
" 1 have the iionour to he,
■• Sir,
' Vour obedient servant,
•' H. C. HAMMOND,
" Prenulent."
09. On Uth Xoven.ber, 1,S95, the .solicitors a^ain wrote to the .Secreta.y of the
Interior Departnieni as follows ;— « -^t^cttai^ olthe
20
' The Secretary,
"Department of tl„- Inferior,
" Ottawa.
' Sir :—
' Nov. 6th, 189.^.
Rk the Qir'AppELLE, Lnsa Lake & Saskatciikwax Railwav (
>)MI>ANY.
30
40
■• We have the honour to a«ain refer yon to your letter to us „f -.M ult in
this matter, and to our reply of I4tli ull.
"Our clients in Kn<dand are becoming rest, ve, and cannot understand why
.. are not able to report that .something definite has been done in obedience to
the instructions which we have received.
■• We be. to a.sk that our letter of 14th ult. may receive early consi.leration
n.^.ur Department, and that we may he favoured with an answi thereto rt:
" We have the iionour to be,
" Sir,
" Your obedient servants,
"McCarthy, osler, hosivin & creelman"
'■Hon. r. M. Daly. "Toronto, Nov, I9th, 1895.
'■ Minister of the Interior,
" Ottawa.
"Sir —
"Referring, ro my letter to you of the 22nd of (Mober last and your
acknowledgment of the same with regard to the question as to whether it is
IMAGE EVALUATION
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W
" clearly iinderatood that the Government forego the selection of tlieir 499,114
" acres of security lands until the Company have selected all that thuy reciuire, I
" shall be very much obliged if you can let nie have a definite reply to niv letter
" at an early date, as ihi: Company are now making certain arrangements with
" regard to their Land Orant, which cannot be carried out without a detiuite under-
" .'itandiog on the above point.
" I have the honour to be,
" Sir.
" Your obedient servant,
" H. C. HAMMOND,
" l're,ndent."
and on 25th January, 1896, the following reply was sent from the Department of the
Interior to the President of the Railway Company : —
20
80
40
No. 391616.
' Sir :-
Department of the Interior,
" Ottawa, 25th January, 1896.
" Referring further to your letter to the Minister of the Interior of the 19th
" November last, in which you refer to the ([uestion of the (Jovernment's foregoing
" the selection of their 499,1 U acres of security land until the gu'Appelle, Long
" Lake and Siiskiitclu'Wun Railway Company have select.d ail that they lecjuiro,
" 1 bug to inform you that the Minister has had all the papers in regani to the
" land grant of the Company carefully examined. It is found that the whole
" extent of land to which this Railway Company is entitled is 1,625,:U4 acres, and
" that there was reserved for them an area of 2,773,.')91 acres appro.ximatoly, out
"of which they have accepted an area of 574,69+ acres. This Department bases
■' on the report of its Surveyor a contention that tln' Company should be reciuired
"to take a further area of 722,079.0S acres, leaving ;{28,.j70 acres yet to be
"selected, and in respect of which no locality has bouii designated in which the
"selection is to be made. The proportion of the whole grant cif land to which the
" Company is entitleil which the Covernment is reiiuind by the contract to hold
" as security is 499,114 acres, which is 170 544 acre.s in I'xcess of the .luantity of
" land still necessary to make up the area due to the Company ii-ssinning the lauds
" set apart on the report of Mr. McLatehie for their use tu be, as the Dopartmeni
"contends tliey are, fairly tit for settlement. I am to point out that if the Coiii-
" pany ar;d the Covfrmuent were agreed upon this (lue.stion, the 4911,11 !■ acres
• referred to by yon might be selected out of the tract reserved and set apart as
" stated and could be held as .security for the perlormanee of the (Jom|)any's
"contract; for, since the Department takes thw yround that this land is fairly tit
" for settlement, it would of course be (piite prepared to accept a proportional
" share of it lor the purposes of the security. It will be ob.served that for this very
"reason the Uovernment is interested in the ipiestion if whether the land in
"dispute is or is not fairly lit for Hcttlement to an extent which would prevent
" the Department in the public interest from endeavoring to force upon tlie (Jom-
" pany land that is not of that MHLclnss
m
C'l
10
48
" The Ministei- desires me to say tlmt lie is quite willin<r, i.s hoou as an agree-
" inent lia? been urrivo.i at in rcijard to the lands about wliic'i there is an exirtinj,'
"(lifferencc, to dosiirnate the lands from which the remainder of the jjiant to
■ whieh the Company aic entitled shall be selected, an.l to consider how the
' selection of the security lands to be held by the Government is lo b.' made.
" I have tbo honour to be,
"Sir,
" Your obedient servant,
"JOHN R. HALL,
,,,,,,, „ " Secretaru.
H. C. Hammond, Esq., '
" Pres'uleut,
" Qu'Appelle, Long Lake & Saskatch ni liy. Co.,
" Toronto. Ontario."
71. On 20th and 2Sth February, 1896, '.ong discussions took place at Ottawa be-
tween Mr. A. M. Burgess, th.- Deputy Minister of the Interior, and Counsel and othe;-
representatives nf your I'l'titioners, and attempts were made on behalf of your Peti-
tioners to induw! the Minister to set apart further Reserves to satisfv the said Land
Grant, or to enter into .some nrrangement for the settlement of the differences lie-
211 tween the Government and your Petitioners in reference to the .said Land Grant. At
the close of these discussions the Di-puty Minister agreed to submit th,- whole question
to the Mi lister at an early ilate. and to acipiaint Uoun.sol for yonr Petitioners of his
decision upon the claim.
40
72. On ,Sth February, 18!)(), the President of the Raih-„y Company wrote to the
Secretary of the Department of the Interior as follows : —
. m, a . " Toronto, Feb. 8th, 1890.
■' Ihe Secretary,
" Department of the Interior,
" Ottawa.
■Sir;—
" 1 beg to acknowledge receipt of your favoi' of iUU January, No.
'•391016, contents of which have been carefully noted. Mefoie replying fully to
"your letter I would like to con>ult wiih Mr. Nanton, who is exi)ecte.l down here
" in t.he c.mr.se of a week or two , and meantime I .shall be very much obliged if
"you will a'lvise me how you arrive at the area of .574,091 acres which you state
" the Comjiany have accepted, so that 1 may have the inl'ornntion for Mr. Nanton
"when he comes down. From the lignres 1 have in this oHice I cannot make it
"that the Company have acc-pted such a large area as you mention.
" I have the honour to be,
" Sir,
" Your ol)e<lient servant,
"(Sgd) H. C, HAMMOND,
" President,"
10
4!)
73. On 12th February the Secretary of the Department of the Interior wrote to
the Preaident of the Railway Company as follows :—
" Department of the fnterior,
"File 65,383.5. 'Ottawa. 12th Feb., 1896.
" No. 397323.
" Sir :—
" In reply to the question which you emk in j'our letter of the 8th inst. as to
" how the area of 574,694 acres which have been acce|iteJ by your Company is
" arrived at. I beg to inform you that your agent, Mr. Dodd, sel-cted 446,694 acre.s
" outside of the grant to the Land Corporation of Canada, the lattur being 128,000
" acres.
" I have the honour to be,
" Sir,
" ^- ^- Hammond, E.sq.. •• Your obedient servant,
" ^'-eai'lent. .. jya^ R. HALL,
" QuAppelle, L. L & S. R. d; S. Co.. •■ Secretary.
" Twonto."
74. On 10th March, 1896, the Deputy Minister wrote the following letter to Mr.
20 A. R Creelman, (ine of the Counsel for your Petitioners, as f„llows :—
" Ottawa, 10th March, 1896.
" Dear Mr. Creelman : —
" Referring to the recent interview I had with Messrs. Osier and Nanton and
"yourself in rejrard to the land grant of the Qu'Appolle, Long Lake & Saskatehe-
" wan Railway Company, I bog to .say that I have submitted to the Minister in
" writing the effect of our di.scussion, and he now directs me to say that he will,
" at the ..arliest possible moment, submit the whole matter fo- the lonsideration
" of His Excellency in Council.
80
" A. R. Creelman, Esq., Q. C,
" Toronto,
" Ont:
" V'ours very truly,
"A. M. BURGESS,
"D. M. I.
75. On the 11th March, 1896, the President of the Railway Company wrote to the
Secretary of the Department of the Interior us follows :—
■■fheS -t ' "Toronto, March nth, 1896.
"Department of the Interior,
*0 " Ottawa, Ont.
•• Sir ;—
" I duly received your favor of 12th February, No, 397;}23, which I referred
" to Mr. Nanton at Winnipeg, and he advis.-s me that he has no knowledge of
20
80
40
50
■•Mr. Dodd having sel.cted 440,094 acres outside of the .rant to the Land
Corporafon of Canada, a,s .stated in your letter, and that he cannot understand
how you arrive at the figures.
" I have the iionor to be,
"Sir,
" Your obedient servant
"H.C. HAMMOND,
" Prexident."
70. On 21st March the Deputy Minister of the Interior wrote to the President of
Il» the Railway Company as follows :— ieuo ot
" Ref. 05383 No. 5,
" Mr. Hammond :- " ^'^'^*' ^l"* March. 18!)6.
■' V-our letter of the Uth inst to the Secretary of the Department ha.s been
_ brough to my attention. In it you state that Mr. Nanton informs v„u that he
has no knowledge of Mr, Do.ld living .selected 446,604 acres, outside of the grant
to the Land Corporation of Canada. Will you plea.se let me know at your '
earliest convenience what your Company doe.s claim to have selected up to the
present date.
" Yours truly,
"A. M. BURGESS.
" H. C. Hammond. Esq. " ^- ^^- ^•
" President,
" Qu'Appelle, L. L. I- S.IU- S. Co.,
" North of Scotland Chambers,
" loronto
77. On 30tli April the President of th- Railway Company wrote to the Deputv
Ministerof the Interior a.s follows:— '-'tput.v
■• A. M. Bargetx, Esq., " ^"'"""to, April 30th, 1890.
•' Deputy Minister of the Interior,
„ M HI 1, " Ottawa.
Dear Mr. Burgess .—
"Referring again to your letter to me of the 2Ist of .March, la.st Ref 05383
No. o. .vsking what amount of land this Company claimed to have .selccte.l up to'
_ present date, I now beg to hand you herewith copy of a letter which I have
received from Messrs. Osier. Hammond ^ Xanton, \Vi„,i,peg, giving you the
informa ,o„ y.u .sk lor, and by which yo,. will notice that the total iL,.. of
ands which the Company have agreed to accept and which have been .scheduled
to the Company is •>:!4,330.90 acres. This with .he exception of the 22 010 OS
Hcres deducted fr our original schedule which may become available "in the
future. IS the only land that the t'ompany have agreed to accept.
" Yours trnly,
"H.C. HAMMOND,
" Enc." " P^^ident.
It. '1 -
#1
\
•i
i
51
The letter from Osier, Hammond & Nanton referred in the f,,rc{join^r is as follows :—
Ateaars. Osier & Hammond,
" Toronto, Ont.
" 22nd April, 189(5,
" Dear Sirs :
10
" He y. L. L. k. S. Land Gr
VNT.
" ileplyinjr to your favor of the J.Srd ultimo, we W^ to aay that on the tiud
" February, 1«!»2, we furnish,d the Uepartm.'ii* wiUi a schedule showiiij,' 2:W,+ 1!J.3()
" acres which we were willinjf to accept as a portion of our land jrrant. On the
"*th March, 1«!)2, the Department a ivised us (their letter No. L'fS(i,.-.:}H; that
" 22,010.08 acre, were not availahl,., thus ieavinj. the area availahle on account of
• our land arant 2l(j,4()2.(;2 acres. Since then we umlerstmd 7,!):}:!.:U ,icies have
" been freed, making a total of 224,:l:J5.!J(i acres .scheduled to us. This is the only
■■ land which we are committed to accept, except p irliaps the balance of the
" 22,01(i.OS acres de iucted from our orijjinal schedule, if at any time in the future
" found to be available. In addition t.this Mr. Dodd reported about -i'J.ShT 05
"acres additional north of Township 3,5, and 21:U71.77 acres ad.litional south of
"Township 35, making a total of 203,35!).iv acres (shown colored yellow on map,
" reference 57J which mijrht be considered fairly Ht for settlement, but on account
20 " of scattered situations and the poor lands adjoining, the ( 'ompany think it unfair
• that they should be f ,rced to accept. Tlie only way the Government could claim
■ wo are committed to taking these latter lands is throu-h the fact Mr. Dodd
" reported .is above, and the Department has a copy of his report. We do not
" consider that we are in any way committed.
" Yours truly,
"OSLER, HAMMOND & NANTON."
78. Owing, as was state.l to your Petitioners by the Deputy .Minister, to the sittin.r
of Parliament in .March ntid April, 18!)0, a.id to the general elections and change ol
Government in the summer of that year, the Honourable Mr. Daly, the Minister oi the
30 Interior at that time, did not give the matter of ihis claim his attention as promi.sed, and
up to the time of the formation of the present Canadian Government no definite reply
had been given to your Petitioners' demand for the balance of the said Land Grant.
79. After the change of Government there was a long delay in filling the otKce of
Minister of the Interior, and when th- present Minister, the Honourable Clifi'ord Sifton,
assumed the duties of that olHc.-, your Petitioners, who had b en repeatedly told by the
Deputy Minister that nothing could be done until there was a Minister duly api)ointeil.
deemed it advisable to wait until the new Minister had an opportunity of familiarizing
himself with the ,letails of the Department, and for these reasons nothing was done
either towards advancing the claim on the part of your Petitioners or towards consider-
40 ing it on the part of the Government until lOth August, 18!»7, when Mr. K. B. Osier, act-
ing on behalf of your Petitioners, wrote to the Minister the following letter:—
10
82
" Toronto, Aug. iCth, 1897.
" Hon. Clifford Si/ton,
" Minister «/ the Intenor,
" Ottawa.
•• Dear Sir :—
" Be Qu'Appellk & Lono Lake Land Grant.
■ You will recollect that Mr. ^.^nUm iiiid [ liml a conversation with you in
• reforonc- to this land matter, and it -v -s sugfreste.j that ti.e matter be postponed
" until after Farliament had risen, and until you had a little ino.e leisure. I
" would like to hear from yon when it would l.e convenient for you to .see Mr.
" Nanton and myself and go fully into the question and try and arrive at a settlo-
" ment of this matter which ha.s been in abeyance so long.
" I may .say that my present arrangements are to len^ e h.i. tor the North-
" West about the end of this month, so unless the appointment can be ti.xed some
"timene.'ct week, I would like it postponed until towaid- the middle or end nf
" September.
" Kindly let me know.
20 and on 17th August the Minister replied as follows :—
" Dear Sir : —
" Yours t? uh
K 1i. OSLER."
" Ottawa, 17th Aug., 1897.
Re Qu'Appelle & Lono Lake Land Grant.
" 1 have yours of .he ICth inst. regardir>g the above matter. 1 am leaving
" the City in a few days and will be al..sent about a month, so that I am afraid 1
" will not be able to make an appointment until towards the middle of S,!),t,.inber.
•■ If you would kindly write n.e later on, I will then be in a i)osition to fi.x upon
"a day. In the meantime the officers of the Department are at work over the
" question.
80 " Yours faithfully,
..„„„_ ., "CLIFFORD SIFTON.
L. B. Osler, Esq.,
" Toronto."
80. No further communication having been received from the Ministe.' or his
Department the solicitors of your Petitioners on •20th December, 1897, wrote to the Minis-
ter as follows : —
"Dec. 20th, 1897.
" The Hovourable Cliffoi-d Si/fon,
" Minister of the InlsHor,
40 "Ottawa.
" Sir :—
" On 19th July, 189.5, we had the honour of opening up correspondence with
"your predecessor, the Honourable Mr. Daly, on behalf of the Qu'Appelle, Loi.g
10
20
S3
•Lak,. & Saskatchewan Railroad & Steamboat Company an.l also on behalf of the
_ vano„s pa,t,os intore.sto,! in the la,.,| ^rrant of that Cou.pany, includiu, th.- Hn.r-
hsh investors, an,l for son.e considerable ti.ne after that date a correspondence
took pUce between us M,d the Minister and Deputy Mi.nst.r of the Interior on
the subject of our letter.
" ^\« *'«° '■'^d several interviews with Mr. Burf;ess at Ottaw,,, with Mr. K H
Osier, Ml., who is largely interested in the Con.p.any and throu-d, whon, the
instructions were received by us.
•■ 0»r "l-J-^'ct wa.s to procure from the Government of Canada the Lan.l ( irant
to which the Railway Company was entitled pursuant to the .several Orders-in-
Conned in that bu.alf, or, in the alternative, a cash con.pensation if th,. Govern-
ment was unable or unwilling to give the Land Grant to which the Con,pany
according to the au vice given to them by us, was and is entitled '
■• We have no doubt that all the e„rre,spondence ,s on file in your Department
and can be reterred to without .lifficulty if nece,s.sary.
■•dealtTi'tl' ""M" ;;"^-*:';""7'^ -'"'^ "»^ -f P-ver the question h.d not been
dealt . t or, if dealt with, the decision of the . iovernment had tiot been com-
municated to iis
■• ore^s^r" *'."■ '"■'"r"'"; "' "" ''"""' «"-"~^ -■ '^'i-".^ instructed us to
press their claims ; but tor various reasons, amongst others the delay in lillin. the
o^ce now eld by y.,u, the sitting of the Dominion Parliament, your ownal,^^^^
to a lengthy period, the matter was left in abeyance. We were, however
."tormed by Mr. E. B. Osier that he had mentioned to you the position of
;;.natte.and that yon had promised to take them into coLider^i^ U
"earliest leisure -
•• The .subject has come up again for consirle.ation and we are asked to press
upon you the consideration of this Company'.s position '
■• We have no doubt that this matter has been considered by v„u and it mav
be hat you Jnive made up your .d what course to take in i.n : S
1..S claim We now write for the p.rpose of ascertaining if the question
be n dealt witl, by you and, if .so, to be informed of your decision, and if i
_ n^^been so dealt with, we beg to a.k that you will give it yoiir earliest .H^:
" We have r,he honour to \n\
' Sir,
" Y )ur obedient servants,
" McCarthy, osLER, HosKiN & chki.;l.\ian.'
81. The Honourable the Minister of the Interior replied to the said letter on n.i
Do ember saying that he could .say nothing de.i at present but e..pected I
40 to ,leal with the matter In a couple .)f we.dcs
80
82.
th« M- • .'*" ""f :''"""'''^' "•"'••■'•'' ■^'"'•^•''. !«!•«. Personal interviews took place between
the M n.Hter an, Counsel for the Petitioners, when the whole ,,uestion at ssue w s liT
-^, and on the 7,1. April the citors for the Petitioners .t.ote to the Mi:!:':
54
10
•20
;t()
40
■ //on CUffonI Si/Ion. " ^P"' ^^''' '^"*<
" MiniHti-r of Ihr. I alfrior,
" (JII.(I.WII.
■Sir:—
Company. .„t,.l,.l ,„.,.,. ,„. v.n,„n .„.,).,..in ,;„„„„, ,,,,„„, ,,,.,.,.„„
„ , ,':,''"'-' "'"'''■■'■^ "- '"— '^' v--y n.uv. i„ vi,.v of ,U,: I ,...
_ l.r.„.«l, u.l...ar upon ,h IV .l,.,,.,!,.,- ,si,l... of ti,. AManuV tl.., w. f,.,.!.,,:
strain.;.! to a;,'aiii l,riii^r (Ium i.iattiT l.oforo yoir
•■ VV. |,a,| th. l.„no,„- to a,|,|r,..ss you o„ tins .,l,j,..:t ,,y ,.„,,,,.,. ,„. o,,,.,, „..,.,.„..
W last, an,l „p ,„ r„f,.ni„, to this U:,,;- | to tl,. vario,. .o„.,n„M,catio,.M
t.-o,,. ,. you, p,.,.l,.,„.so,., tl„. H.„, M,. „,|y, ^„„ ,,i,| ,.,.^ ^,_,^
wind. w. th.M. an.l ntill l,av. al,o„t this .,„„stion
^' On ;il 4 Jannary la,t o,.r Mr. Cn.-hnan in .on,pany of Mr II. <;. |,,„„„„„„,
of ,H .,tv, tl,.. I',.,.„l.nt of tl,. (;,„n, y, ,nt.rv„.w..,| you a,„l .Ih.hh.I tin
-U,.r w.tl. y.,u ,atU,.. .^n..,.'. Ho,.l „, tin., .ity, an,| on M,at o,.as,on y„n
On..r.l .Mard. nit on, Mr .;r,..|,n,„. ha,i a .short int-rvi.w with yo
Ottawa, . .n tl,. n,att,,r wa, Inrtl.r ,li..:,.....,, an,| , ,„ „ ,„„J., ,,„,
yo,. hop,.l to l.„ ahl. to ,nv„ yo,.,- ,. ,ns„|,.,.ation to th,. Mnh,..t .|„nn. th,. follow
...,. w,.,k.si l.,.t np to ,1a... w„ hav„ not l,a,i th. pl.asu,... of ,.,n. fron. yo„ as
t.) what r:,.,ir.s., you hav- .|,.,;i.|.,,| to tak.v
"Mr. A M .Vanton, I!,oI<,m, W.nnip... who r..p,,M..nts a lar,„ nu,„l.„r of th..
.n«l,.Hl, ,nv,.r.,s ,n thi, Itailway, ,1,..,,,. to tak., part with ,... in a furtl„.r ,n-
«,thuslor th,. purpos,, of a,s..,rtainin, wh„n th,. ,„att,.- w.lll,,. -li....,...! an.l
.HU>,wo.stinj,' a Vfry .,aily ,jat,..
_ •■ W. now 1„.„. to say th„,t w.. wouM h„ ,,|a,l ,f yon w,ll adonl an .,ariv oppor
tnmty o h.ar,n. our Mr (>„.,hna„, Mr. K. li. (,,),.. ,„„| m, .V'.,,„,„ „',,,,„
■'Hul.j.'ct ol thi.H Land (Jnint.
■■ Will yon l,av„ th., ,.,o.in.,HM t., inforn, ns if an ,.,,,rly appo,nt„,..,t ,.an l„.
nia.l.. wiUi )on jn thi.s matt.;,'
,.„ ." ^^" I'"'" ""• '"' "• '■• '-'N"-^'' "'"•■ y.i ^vill favor n. w,th an ,.arly r,.plv
fixm. a .lat.. ,1 po...ih|„ „.,„, , ,, . ,.,„.,. ^,,,i„,, ^^.,. ,,^,^^, ,^,, ^^, ^^^ ^^^ __^^^^^^>^ ^^^1 ■
' VV'i, hav(! till' h.jno,ir t.i lie,
" Sir,
" Your .)l„.,lii.nt .Hi.rvaiits,
'■ M. CAIITHV, OSI.Kk, |((),SK|.\ .v CRi.rlLMA.N."
H3. On nth April th., la.Mt ni.,iition,.,| l.,tt,.r w,ih .inly a.:know|,.,|;-,.,| |,y th„ A.:ti„,,
■^
55
Deputy Minister, who in his letter promised that the matter would be frone into imme-
diately and that the solicitors would be fully advised ut an early date.
84. On )8th May, 1S98, u long conference took place at Ottawa between the
Minister and Counsel for and other representatives of your Petitioners, when the claim
of your Petitioners to the .sai.l Lan.i Grant was again stron;,dy urgeil and the position of
your Petitioners fully di.scu.ssed and an early reply was pioniised by the Minister. No
reply having been received the solicitors for your Petitioners wrote to tlie Minister as
follows : —
10
20
40
„, „ " June 21st, 1898.
" The Honourablt Clifford Sifton,
" Minister of the Interior,
" Ottawa.
" Sir :—
" We have tlie honour again to remind you of the interview held in your
"office at Ottawa, on 18th ult., when the Qu'App.dle, Long Luk.' & Saskatchewan
" Railway Company was represented by Mr. E. B. Osier, Mr. A. M. Nanton and
"our Mr. Cieelmaii, and to the various interviews and correspondence preceding
" this interview.
" At the interview of the 18th the claims of the Railway to the early delivery
" of its Land Grant by the Dominion Government were strenuously urged by the
" representatives of the Company and you promised that the matter would receive
" immediate attention at your hands.
" You intimated then that you would not await the prorogation of Parliament
" to take the matter up hut would do so duriuLT the sittings of Parliament ami we
" hoped to have before this date received .sotne assurance from you that the Coni-
" pany would receive its Land Grant at an early date.
" Our English c inespnndents, who repies-nt the hoi lers of the whole or very
" nearly the whole of the Bond issue ol the Company, are becoming very iin-
" patient of late, and we tluTefoie again hog tli.it you will t.ike the matter into
" consideration and give us your tin.il answer
" As Mr. Creelman intimated to you on his several interviews with you and
" as you will find upon referring to the correspondence we have form -d a very
"strong opinion in favour of the right of the Company to enforce i's claims
" through the Exchof|uer Court to this Land Grant, or to payment of a monev com-
" pen.sation in lieu thereof if the Laiul Grant cannot now be mad.', and if we are
" not able to procure from you at a very early date a diifiiiite assiiranco that this
"lam' will be granted to thi' Cmpany we shall feel ourselves compelled under
"the instiuotions which we now have to file a Petition of Right, to have the claim
"of the Company determined.
" We have the honour to bo,
"Sir,
" Your obedient servants,
"McCARniY, OSLER, HOSKIN & CREELMAN."
■1!P*
56
85. On 28th June the Secretary of the Department ackiiowledtfed the last
mentioned letter and stated that the Minister would give the matter h?s iinmedinte
atteutiou.
10
21)
30
40
86. No further communication havinnr been received from the Minister the
■solicitors for your Petitioners on (ith October, l,S98, wrote to him as follows :
,. H ni-a , ..-, Oct. 6th., 18r/«.
Hon. Clifford Si/ton,
"Minister of the Interior,
" Ottawa.
" Sir : —
" We have the honour to again address you on behalf of the Qu'AppcIla,
" Long Lake & Saskatchewan Railroad i: Steamship Company and also of the
" various other parties interested in the Land Grant of that Comi)any and to call
"your attention to the long correspondence that lias taken place on the subject of
" that Land Grant.
" A very urgent letter has just been received from the Representatives in
"Kngland of the Knglish bondliolders and very p.'remptory instructions have
•' been given to us by them to lose no time in pressing for a .settlement with your
" Department of the outstanding ([uestions in connection with this grant iind
" to take such steps as are open to the Company and the other parties interested
"to assert their claims in the Exchequer Court if no other solution can be
" arrived at.
" Our in.structions in connection with those matters were originally received
" in May, 1895. and after a very careful perusal of the varimis Orders-in-Councll
" and the Reports and correspondence whicli have taken place in connection with
" this grant, being the material on Hie in your Department, we advised that the
■' Dominion Government had not given and could not give any good reason for not
" setting apart the land at its di.sposal to meet the obligations of the Ordersin-
" Council in that behalf an<l was legally bound to provide the lands .,r money
" compensation in lien thereof.
"On l!)th July, iM.Oo, we .)p.'ned up communication with your Department
" on the subject of this claim and ever ^ince tliat time we have at intervals pressed
" upon the Department the claims of our clients to get the land earned by the
" Railway Company or to be compensatetl therefor.
" We do not propose to set forth at length the contents of our correspondence
" with the late Minister of the Interior an.l yourself, but will ask you to refer to
" the same and to the various memoranda made by yourself at our interviews with
" you.
"This Railway was completed to the .satisfacti.m of the Government more
" than eight years ago. and on 7th November, 1890, it was l>y (Jrder-in-Council
•• accepted by the Government and immediately thereupon the Company Ijecame
"entitled to the land which had been granted to the Company by the Order-in-
■' Council of 20th Junft, 18,S7, conditional upon tlio completion of the road to the
" satisfaction of the Government.
•^f
w
S7
10
20
80
40
"Th«; total riiiloa^re .,f t'm>. lUilwiiy as fixfvl hy tli-^ Oovcrnment i" 25.T 06
" inilos nn.i tlii; total Uwl (Jriitit to wliich tli.; (.'ornpany Ujcainc oiilitlod at (i,400
" ttcroH [lor inilo was tlnrefore ],()2i>,'iH acroH
■ TIm; (Joriifmny lias rw\v,;<\ its Land (Jrant, for tin; (irst 20 miles, viz., 128,000
" anres.
" In a.|.lition t., tlw lan.ls just r.jf.Tred to tlie (Jornpany lias an«c;pi..,j lands lo
" the oxtotit of 221-,;i:{(i.l)(; acres and has ..itlif^r received the same or h=,M made
" application therelor.
" The acrea^fe now claimed by our clients is therefore 1,273,007.4. acres
■ Hy an a;,'reement ilate.l r,th Aiif,'ust, ISsiJ, the (Jovernment is entitled to
• retain r„„,.third of the land {jrant l,y way of indemnity ii, ea.., the amount
■eurniMl l.y the Company for tlie service reCorred to in thut a;,'reemenl docss w.t
■'amount to the sum paid l.y the (Government to the Cmpnny llierelor.
"This agreement further provides that, the (iovernm-nt hUM issue to the
" Company patents f..r the remaining two-thirds of the wlmlu land j-rant.
' We r.gret to have to admit that no progress whatever has bi;eii ma(]e
•■toward, procuring Patents for these lan.ls since the matti.T wus plaee.J in our
■ hands in .May, IH'.I').
" U'e had a very great deal of correspond'^nee on the suhject with your
• Department and d.inng the latter part of Ih:).; an.l the early part of IH'.Hi wo
■had numerous interviews with the Hon. Mr. Daly and .Mr. liirgess and were
■from tiree to time given promises that our application would receive attention,
■■ hill u[i to the change of Covernment we were unahie to procure any vtllement
•and there the tnalt^r rested until you assumed charge of the Department of the
■■ Interior.
" In a hitter dat.Ml Itrd October, 1S!J,">, ami received l.y us from the Secretary
••of the Depaitment of the Interior, we were informed that the Honourable the
'• Ministi^rof .lustice had advi.sed the Interior D.partmeiit that if theie was an
■• irreconeilabl- ditn.Tence between the (Jomp.uiy and the Dep,irtment as to the
■•-ranting of land on the tracts already set apart by Order-in (;.,nncil, which is
■■available for the C .mpany's Land Crant as being fairly (it for .settlem,.nt, he was
"of opinion that there was no other course open to the (ioverninent than to leave
■' the (Jornpany to assert its claims in the OjurtH.
" I he suggestion was thrown out that the (Jovei-nmerrt ami tin; Company
" might agree upon some i-eferee whose decision as to the fitness of each parcel
■■t^'udered by tlie Department would be firral.
■ In our reply of 1 HIr October, we .expressed the perfect willingness of our
•■cli.ints to Lave th,. matter to a refere.., but expr-e.sscd the opinion tliat before a
■ refere.. was app.inte.l we shouM emhavour to agree upon the m.ianing of the
■■ expr.,.,ssion ■ lands fairly (it for .settlement,' s.. as to be able to furnish to the
" refen'c a definition of that ternr satisfactory to all conccined.
"The Minister at that time prorrrised to furnish us with his views on tliis
"subject, but never did -o,
" We opened up communication with you on 20th December last, and have
"since had several interviews with you on the subject.
"One of these, you may remeirrber, took place on :tlst .lanuary last, at the
" Queen's Hotel, Toronto, and one at Ottawa on 3rd March.
ripm
5S
10
■■ In letters from yonr Department of 11th April last and 28th Jun.. we were
"prom,.se.i early consideration on your part of our application, hut have not vet
" been tavoureil with the result
"Our instructions now leave us no alternative but to press for a settlenient
• of this question without furth.r delay and, if unsuco.sful, to institute proceed-
••.nffs „, the Exch,.4uer Curt to have the Con.pany'. ri-^hts ascertained and
' secured.
" II- you think that the differences between the Department and the Cou.panv
"are irreconcilable, we n.i-d.t ju-t as well counnence our proceedin.rs without
• delay, and have the matter disposed of in the Courts.
" We shall, however, do nothing further until we receive a reply to this
" communication, and we he^ to express the hope that you n,ay be able to propose
".some solution of the dirtieulty. and provide son.e satisfactory „>ethod by which
■ our clients wdl obtain ihese lands without being driven to the Courts for relief
" We beg to request that you will favour us with an early reply.
" We have the honour to be,
" Sir,
" Your obedient servants,
" McCarthy, osler, hoskin & creelman.-
20 87. On I2th October the Secretary of the Department acknowle,l«ed the last men-
tioned letter and stated that the Minister expected to communicate with the solicitors „n
the subject very shortly, and on the 13th October the solicitors for your Petitioners
wrote to the Secretary as follows :
„ „^ „ „ "Oct. 13th, 1898.
Ihe tieoretary, Department of the Interior,
" Ottawa.
" Sir :—
" We are only duly favoured with your letter of yesterday acknowledcrin- the
" reeeii.tatyourDepartn.ent of „ur letter of 6th inst with regard to the Land Giant
" The Qu'Appelle, Long Lake and Saskatchewan Railway .V: Steamboat Company
■•and stating that the matter is now b.fore the Ministrr, who expects to be able
" to communicate with us on tin- lubjeet verv shortly.
" We beg to thank you for this h.tterand to state that we sincerely trust that
" the Minister will give this matter his earli.st and best attention and we hope to
" receive the result of his deliberations at a very early day.
" We have this morning conimunicated the contents of your letter to our
" clients and have assured thom that the matter is now receiving attention.
" We have the honour to be,
" Sir,
" Your obedient servants.
• McCarthy, osler, hoskin & creelman -
30
40
88. On 10th November, 1898, the solicitors for your Petitioners wrote again to the
Minister as follows : —
f»
10
" Nov. 10th, 1898.
" Hon. Clifford Si/ton,
"Minister of the Interior,
" Ottawa.
"Sir:—
"On the (ith ult. we liad tht3 hoiiDiir of a^l lffniii;r you on la'liiilf of tlio
"Qu'Appelle, Long Lake & Saskatchewan Railroad & Steamboat Company and
"other partie,s in reference to the claim For Land (Jrant oi- compensation tlierefor.
' We in due course received letter from your Department dated llith ult,
' stating that the matter is now before you and that you expect to be able tocom-
" municate with us very .shortly on the subject.
" Since the receipt of this letter, nearly a month ago, we have had no com-
"municd'. a from your Department.
" \V- i!fr now to ask that you will inform us what course you intend to take
" in connection with the subject matter of our letter.
" We have the honour to be,
" Sir,
" Your obedient servants,
" McCarthy, osler, huskin & creelman. ■
20 and on llth November, the Minister replied as follows :
80
" Personal.
" Ottawa, llth November, 1898.
' Gentlemen :-
" Replying to your letter of the 1 0th instant on the subject of the Qu'AppuUe,
" Long Lake &: Saskatchewan Railroad & Steamboat Company, .since the letter
" was written to you upon the 12th ultimo I have b,>en j;ivin<j as much time to
" the consideration of this question as possible. I nm not in a position to make
" any delinite statement about it yet, but I hope to come to a conclusion within a
" reasonable time.
" Yours faithfully,
"CLIFFORD SIFTON.
" MESSR.S. McCarthy, Osleu, Hoskin & Creelman,
"Freehold Building,
" Victoria Street,
•• Toronto. Ont."
89. On 26th November, 1898, the Minister wrote to yonr Petitioners' solicitors the
following letter : —
im
(iO
" Gentlemen :
" Ottawa, 26th November, 1898.
10
20
■' I have carefully gone tlin)up;h the piiper.M connected witii the Ian. I (,'niiit to
" the Qu'Appelie, Long Lako ami Saskatehowan Railway and Steamlioat Company.
'■ 1 see no rea.soii wliatever wiiy there .should lie any litigation hetweiii the
"Company and the Uovernment. Thedecisinii as to the quality of land by Court
" would in all probability be .■.xtremely unsatisfactory, and could only be arrived
" at by some method which would be e(iually open to the (iovernment and the
"Company to adopt. I NUj,%'e.st tir-,t that the Government and the Company
"ajjiee upon an arbitrator, or arbitrator.s, to decide upon the (luestion ■)f the
"(luality of the land; 2;id, that the Company sho dd indicate to the Government
•'what lanil they wi.sh to have reserved to make up any po.ssible delicieiicy.
" I wish to call your attention to the fact that on sime of the reserves of tln^
"Canadian Pa'.'ific Railway ('ompany there is certain to bo released as soon as the
"Company has completed its selections a large iir.:-.!'tity of Ian I of very "-ood
"quality. Ft might, be that your Company wouL/ desiie to have the first right to
"audi land. I intenil to make every effort to ,-et the Cunadiar. Pacific Railway
" Company to complete its .selections as soon as possible.
" 1 am leaving for the West ne.Kt week. I will be in the city until I'hur.sday
"and will on Thursday be morn free to met your representative than at any
"other time. I would sugrest that in order that the matter may not be thrown
"over until my return from the West you should consider this letter ard meet me
"on Thursday for the purpose of endeavouring to arrive at an arrangement.
" I am. Gentlemen,
" Your obedient servant,
' CLIFF'ORD SIFTON.
" Mehsrs. McCarthy, Osi.ku. Hoskin & Cueelman,
" BarriHicfs, etc .
" Toronto, Out.''
;j() i)0. On the 2,Sth November a conference took place at Ottawa between the Minister
and Coiin.sel oid other representatives of your Petitioners, when the whole (|Hestion at
issue was Cully discus.'^eil. The result is set forth in the f.)llowing letters which suli.se-
(piently passed between the Minister and Mr. Oeelmnn representing your I'i'titioners.
The letter to the Minister was as follows :—
„u /, c> "Dec. 15th, 1898.
Hon. CuFFoiiD Sifton,
" Minintcr iif the. Interior,
" Ottawa,
" Ontario.
40 "Sir:—
" Re Thk Qit'Appeixe, Lono Lake it Sa.skatciiewan Railwav
"CoMPA.w Land Ghant.
" I have the honour to say that, as promised, 1 beg to put in writing my
-5P"5<^
10
20
80
40
fil
■; understanding of what took place at the interview between yourself Mr A M
iMantcin and the writer at Ottawa on the 28th ult.
-I n.form.d yon thit my Ann had received positive instructions to take
legal |„oc.,ed.„.rs ag.uM,t tl.., a.vern,nent unless the . 'o.npanys claims were
adjusted without furtiier delay,
■ in reply you infor.ned us that you did ..ot see that anv a.lvantacre could be
•gamed by plac.ng the claims ,n suit and that yo„ were anxi.u^ to "come to an
a n.cahle settlement and that you would take the matter up in.mediately and
see tliat no further delays took place.
" With a view of reaching a settlement, you promised that you would without
■delay mstruct Mr. Pearce to con>c to Ottawa, stating that h,. could reach there
about the 1st of January next, and examine the records of the D,.partn> nt a.ui
• prepare a n>ap showing what lands are at the present ti.ne free and ava lable
• tor the purposes of tliis Company's land grant.
^ 'You stated that if .Mr. Pearce alter" uch ex.n.ination finds lands free and
available he ,s to cia.ss.fy them into districts and p.epare n.aps showin<r where
suel> lands as he considers fairly tit for settle,ue„t, which could be reasonably
offered to this Company for the purposes of its land grant, are situated, and that
as soon as Mr. Pearce has prepared such n>aps I am to be notifie,] and furnished
■• with a copy of .same, that if Mr. I'earce tin.ls there are any lands free and avail-
■ able tor the purposes of this Con.panys land g.ant, that he is not fan>iliar with
• but ,s under the impre.ssion that it is good and fairly tit for settlou.ent, he is to
•• nmke a general uispection ,.f san.e as s ,on as it is possible it. the sprin.^ with a
■• view of satisfying himself that said lands are such that they could be rersonablv
" ottered to this Company.
"It was then agreed between us that a proper deHnition of the expression
" • ands (airly Ht for settlement ' i.s, that each ,,Marter section should consist of soil
of .such a nature, and be so located and situated in a district that a num can
■•make a reasonable living for himself and his fanuly olf such ,p,arter section
(Without the u.se of adjoining lands) by ordina.y work and industry
■■ It having been pointed out to you that there would be no u.se /elavin.r
••matters, or in Mr. IWrce making the above mentioned examination of the
•• Department's record.s. with a view of ascertaining what lands the tfovernment
^ had to offer to the Company, unless he had first r,.cei^.d instructions, approved
ol by me, clearly defining the nature and character of the land that would be
"considered fairly fit for .settlen,e„t, y„u rcpiested me to state in writin.^ my
" under,standing of what took place at the interview, so th,u you could replv to
■•me agreeing with .sam.. or, if yo„ diliVred from n,e, .setting out Ih. points of
ditlerence.
"VV'ill you permit me to add to the foivgoing, that since our interview in
Ota,va, the representatives here of the English b.md-holders have received a
letter from the representatives in England, who had been appri.sed of my pro-
posed visit to Ottawa and of its ol,iect lie expressed the satisfaction of the
l>ond-holders to learn that at la.st we h,ad .ietermined upon a de.inite course of
_ action, an,l intended following ,t promp.ly and lir.nly We were assured in this
letter that the English bonddiolders were feeling very keenly the treatment
i;2
10
" that h«d been given to the Company, an,l indirectly to then, l,y ti,e (Jovern.nent
■• of Canada by keepii^^r thorn so long out of their land. I hope that I .IimII very
■■soon bo able to assure these gentlemen that something has been done in their
" interests.
" I have the honour to recp.est that you will kindly let me have an early
" reply to this eonimunication.
■' I liave the honour to be,
" Sir,
" Your obedient servant,
■'A. It. CREELMAN."
The reply of the Minister was as follows :—
20
30
40
" Ottawa, .5th January, 1899.
■ Sir :—
Re The Qu-Api-kixe, Long L.\ke & S.ASK.^roHEWAN Railway Company's
Land Grant.
"I have the honour to acknowledge the receipt of your letter of the 1,5th
■• ultimo on the above subject, and in reply beg to say that it s.ems to represent
" fairly what took place at the intervi^'w l)etween yourself, Mr. Xanton and
■■myself, on the 2()th of November, with the exception of the delinition of the
" e.^pressiou ' lands fairly tit for settlement.' Vou will notice that on page two of
■'your letter, you .stated that your understandii.g of this expression was 'that
" ' each quarter section should consist of soil of such a nature, and be so lorated
" ■ and .situated in a district, ihat a man can make a rea.sonable liviiiir lor himself
■"an,l Ida fandly offsiich .luarter section, without the u.se of adjuinhig land.s, by
"■ordinary work a-id industry.' The portion of this definition to wliicli I take
■■ exception is found in the followtng words, ■ and to be .so located and .situated in
■■ ' a disti ict.' I coul.l not agree that the question of the Htness of lands for .settle-
■■ ment .should be allovve,! to rest upon the location, except in so far as the location
"afreets cliniMto. 1 would l,e prepared to put the definition in the following
"words, -Lnmls fnivbj jil fur xMnnent shall he held to mean that each quarter
"■secllo,, .hall, as resi,ects sa,l ami elimale, he of saeh a nature that a man ran
make a reasonahle lirin;i for himself ami h,s famU;, of such quarter seetion
" ■ without the use of adjoin in, J lands, hij ardinari/ avrk and imlustn/ '
" As you say in your letter, 1 agreed to instruct Mr. I'earce to come down I
" have done so, but find that the work at which he is at present engaged will
■■ take him about ten days longer to complete. Immediately upon the completi.m
" of his present work at Revelstoke, he will come to Ottawa, and proceed with the
" work laid out lor him in connection with your Company's Land C.raiit.
■' I have the honour to be,
■■ Sir,
" Your obedient servant,
"CLIFFORD SIFTON.
" A. R, CllEELMAN, E.sq., Q.C.,
" Toronto, Ont."
63
10
In an.svver to tli.- last iiRMitioiiLMl luttor Mr. ('reel.iiiiii wrote tlio Ministor uh fol-
lows : —
"Jau. 12th, 1899.
•' Hdii Clijjiivd Siffon,
" Miiiintir of Uic Interior,
" Ullaiva.
" Sir :—
" Rk thk Qi7'Ai>pi:i.i.i;, Loxc; L..\kk .^ .S.\skatciiewan Raii.ko.\i) isi,
"STE.\MI!()Ar Co. Lam) Gkant.
" I hiivothi! honour to iicknowleilj,'o your letter of -ith inst., in rcf.-rcnce to
" this Land I Ir.int, .-ind on helialf of the Company, as well as on my own b half, I
" bei,' to thank yon thorofor.
"With rel'.ienee t<3 the definition of the expression 'lands fairly tit f.iv
".settlement,' 1 Ijejr to .say that I have very carefully conpared the dutinition hs
"<lrafted by me with that agreed to by yourself, and althoucfh 1 .still think that
" the (Company is entitled to a more liberal d.tinition than the latter yet I am
" free to admit that on thf wh.ile the detinition which you are prepared to ncci^pt
" and as stated in the second piir,. of your letter is not an unreas )nable one, and
' I think fairly meets the situation.
20 ' I have to-day discussed the m.itter with the Board of the Company and I
"am instructed to .say iliat your delinilion is accei)ted and 1 will a.ssuine that
"when Mr. Pearee reciMves the instructions which are to be ^fiven to him by you
" to proceed with the work laid out for him in connection with this Land (irant
" his instructions will include this detinition as a matter of afrreoment betw.en
" yourself and the (Company.
" I benr iijrain to say that the Comp.'iny fully appreciates the cure an. I OMUsid-
" eration which you have j,'iven to this subject and I beg to express I lie hope that
"the necessary instructions will be },nven to Mr I'earce at a very earl v date so
' that the work may be proceeded with and the lands set apart ear-|y in the
30 " approaching' spririL; season.
" I have the honour to be. Sir,
" Your obedient servant,
A. H. CREEL.MAN."
!)I. On the i:ith .lannary, 18l)|), the Minister wrote to Mr Creelman .sayin;: that
Mr. I'eari'e was under instructions to come to Ott.iwa and would bi; tln're in a tew d;iys
when he w.iuld yet his instructions and tin' woi-k wouM be |iresse.l foi-ward at once.
02. On the 14th .lannary Mr. Creolmau wrote to the Minister as follows :—
' Jan. 14th, 1899.
" IftDi. Cltjlnnl Siftoii,
" Minister of tlif Inti'.rinr,
" Oltitwa.
" My dear .\lr. Silton : —
" Rk Qu'Api'I'.i.i.k. Lung Lakk and Saskaiviiewav Railway CJomi'a.nv.
" I am very mueli obliijeil for your personal letter of yesterday advisin;; me
"that Mr. Fearce is under instructions to come to Ottawa and that he will be
40
>
64
10
"tliei'e in the coiii-sf of a ffW days; also that In; will get liis instiuctioiis witliout
"delay iiiid that tlie Work will bo pressed t'oiward at (iiicf.
•• I can assui-i' ymi that 1 ain greatly pleased to kiiou that this limi; ili-awu
"out matter has at li-ii^th reached a point where we have made suli'tantial pro-
" i;reSH.
"I feel iiuite sure that the arranyenient which yciii have come tu will ulti-
' inately he found to meet the situation both in the interests ot the country and tlie
"Conjpany, very much more Hatislact(irily than if we had ;^'one to Court.
■■ I shall very -troiijrjy press upon our ciients the ohli^'ations under which
" they lie to you [jersonally for sujjj^esting; tins mode olsolvin;,' the diUirulty and
" for carryiiii; it into etiect as you have done.
"J have no liouht that .Mi-, I'earee's woi'k will proceed (piite smoothly and
"satisfactorily and that if it is foun.l that lands are not avadahh- to meet thi.s
"t'ompany's claim some method will he adopte.l lor providiii;,' for the deMciency.
" ^'our8 truly.
'■ (Siyiiedj A. K. CREELMAN."
20
30
40
93 On 11th March, iMi.tlt, .Mr. Creelman a^'ain wrote to the Minister as follows :
" March 11th, 1899.
■ Hon. Clifford Si ftou,
" J/ui/.v/tr of tin: Interior,
" UtUiwii.
" Dear .Mr. .Si f ton :
" i have not felt it necessary to trouble you for .some time past in connection
•' with the claim of the t^u'Apjielle, Long Lake A: Saskatciiewan Railway Company
" to its Laticl tirant.
" On the i:ith Ja'iuary last you were f,food enou^^h to write to me to say that
" .Mr. I'earee was then under iustruction.s to come to Ottawa and would be there in
" a few da\ s.
" ^■ou were also eood enough to say that he would f,'et his instructions and
'■ that the work woiihl be pressed forward at once
"1 have not heard anythiiii.' in this matter since the letter referred to, ami
" as our Enj;lish clients keep asking how the matter stands J lind it nece.s.sary to
"again ask your attention to this matter and to recpiest that you will inform
"me as to the projjre.ss that .Mr I'earce is makiufr in the sihetion ol' this Li]!id
" Grant
" 1 shall be greatly oblig.'<l if you will at the same time f.ivour me with an\-
" information with regard to oin- claim that may be of importance and which
" would be iisefid I'or the pui-pose of transmitting to our clients.
" I trust that you will favour me with an earl}' reply and that you will \ia
'able to inform me that .Mr. I'earce has made substanti.d jirogress with his work
" Yours faithfully,
" A. R CREEL.MAN."
And on 14th March the Minister replied as follows :-
65
10
"Ottawa, 1 4th March, 189t).
" Peusoxai..
' Dear Mr. Creelinaii :
" I havf j'oiir letter of tho 1 1th iiist,
" Tlio iiuoHtion of tlio (,>u'A[)|n!llt', Loiii,' l.iiko li' Saskatchewan Railway
' Couipaiiy's LiUid (Jrant is under C()iisideiiiti"ii at the present tiiiie Mr. Pearce
' ha.s hteii here for .^ome weeks working' at the Railway Land (Jrants and lias
' now j)n>pareii hi.s reports. 1 hope t'' lie able to l'o throili^h them with him a
'.second cinie this eveniiii^ You will uinierst.iiid that it is next thiiij^ to
' inipo.ssihli! to take up one and deal with it withnut having; in mind th.e position
'of the others. I will pu^h the matter forward as rapidly as posaihle. I may
' add that I am ipiite as anxious lo i;et it out ot the way as you arc.
" Yours faitiifully,
"CLIFFORD SIFTON.
" A. R. Cu^Ki.MAN', Khq., Q C,
" Fieehold Bu'ddinj,
•• Toronio, Onf.
9+. On 10th April Mr. Creelman on hehalf of your Petitioners wrote to the Minis-
ter as follows : —
SO
30
40
"April 19th. 1899.
" Hon Clifford SIftnn,
" Minister nf the Interior,
" Ottawa.
" My dear Mr. Sifton :
" Re Qu'AiTKLi.i:, LoNij L.\KK & .Saskatciikwan Ry Co. Lan'd Ouant.
" 1 in due course received your h'tter of I4tli ult , statinjj that the (piestion of
"the Land Grant to this Conii)any was imder consideration hy you at that time
" and that Mr. Pearce liad heen with you f.>r some weeks working at the Land
" Grants and had prepared his reports, whicli you hoped to be able to <i;o through
" with him a second time on the eveninji; of the I4tli.
" In your letter you stated that you would push the matter forward as rapidly
"as possible. I have not hear(| .inythiiij^ from you since the iec"ipt by mi' of this
" letter on the IGth uh., and I am beiii;,' pressiil by the Hoard of the ( 'ompany,
" who in their turn are being constantly kept under pressure by the represent.i
" tives of the Knglisli bondholders, to again draw your attention to the matter and
" to request tliMt it be disposed of without further delay.
" I hope that by tlds time with the inforuiation given to you by the i eport
"of Mr. Pearce you wilt have come to some di'cisiou as to what course you pr >-
" po,se to take with regard to this Land Grant and whether the CompLuy may
" look forward to receiving these lands at an early date or compensation therefor
" in money.
" I shall take it as a great favour if ymi will give me some assurance as to
^m
10
" tliis «> tli.it I iiiiiy lie iiM(! to satisfy my cliiiit.M timt tln'y iimy fxpcct an oarly
" scttleiuoMt.
'■ I would like very ii.ik'Ii to Irivu an (i]i|ii)rtiiiiity of catefully coiisiiluiillj,' the
" whole sitiiatiun, anl in il .iiij,' this wonhl tirnl the re[)oi't of Mr. Pearce as to tlicse
" latid^ ol' 1,'reat sorviee.
" 111 view of the uni|i-r-taniliii„' lietwieu us u|ioii which Mr. I'raree was placed
" in cliarjfe of tlii- work, I presUNH' thai ynu will have iin ohjeetiou ti Lfiviiii,' me
"an oi)[)irt unity of perusiu;; his ri'piit. If I am eoir^et in this m ly I ask you to
" fav(jur me with a c >py for early peru-al.
" Yours faithfully
"A. K. C'RKKLMAN ■•
80
30
40
!)5. On 22nd April the Minister wrote to Mr. Creelman statini^ that the iiuestion
of this liand tirant hail lieeu j^oue into very carefully; that he e.xpected to go into it
fuither u[)on the return ol Mr. I'> arc', who was then teriporarily absent in the West, and
that the matter would he pusheil forward as rapidly as possihle.
90. On tlie 2ltli Apiil .Mr. ('reelmaii wrote to the .Minister in reply to his letter ol
the 22nd, and iciiuested a copy of the reput of Mr Pearce when cuinpleted.
97. Nothinj,' further was done until ;ir.l June, when Mr. tJreelman on Ixihalf of
your Petitioners wrote to the .Minister as follows;—
"June ;ird, WJ9.
" Hon. (Jmfkoud Sifto.v,
" iMIni.stey of the Interior.
" Ottawa.
" My dear .Mr. Sifton :—
"On the 21'tli .April last 1 had the honour to receive a h ttor from vou in
■'connection with the (.jJu'Appelle, Lon;; Like .V .Saskatchewan Kailwriy ('Miiipany
" f-and (irant, and in that letter you stated that .Mr. Pearce was tempor.irily
"absoiit in the West at the time and that you e.xpected to j(o into the matter
" upon his return.
■' You also stated in your letter that yon would push the matter forward as
" early as possihle,
I have not j-et I'eceived any communication from you since your letter of
" ten weeks aj;o and am heinj; constantly presseil by our clients to orin^- matters
" to a liead.
" .Miglit I ask you to let me know how the matter now stands .ind if we may
" expect a speedy settlement i
" I understand that .Mr. Pearce r. turned to tUtawa veiy soon after your
" letter of 22nd April was written and I have no douht that all the information
"which ymi rei|uired in order to make up your mind in the matter has been
'■ received.
" Awaitinj;; your early reply.
" Yours very sincerely,
"A. R. CREELMAiN."
fi7
9.S. On 12th June, ISS)!), the po.sitiun of n)atter,s was fiirtliei ilisacnssmi at a
nieetinj; in Toionto between the Minister and Mr, Creelnian, wlieii various siiir^cstions
were iiiaile for tile settleim'Ut of tliese liilKcullies, tlie Ministi'r ainorij; ..IJier tliim's statin"
that neffotiation.s were tlien in proijress witli other Companies i'or tlie siatlenimt of their
Lan'l Grants, that lie lioped to be able to >atisfy your l^etilioners' claim after the.se
negotiations were closed, and lie recpie.steil further time for that purpose Vhe Minister
further proposed that the claim i,f your Petitioners shoul 1 be held iti alieyance until
after the close of the nejjotiations which wer.' then in projjress with the Canadian
Pacific Railway Comjiany.
10 99. After the foregoing suggentions and propo.sal.s had been considered bv your
Petitioners Mr. Creelnian on their liehalf wrote to the Mini-ster as follows :—
20
80
40
" Juue 19th, 1899.
" Hun. Clifford Si/ton,
" Mininter of the. Interior,
" Oftaim.
" My dear Mr. Sifton :
" Witii reference to the claim of the Qu'Appelle, Long Lake & .Saskatchewan
" Kiilw.iy Co. for its Land (Jrant, I am bearing carefully in mind what you
'■ .stated to me on Monday last as to the causes of delay.
" 1 duly reported to the clients on this side of the ocean, and they profe8.ied
" their willingnes.s to wait a short time to see what would be the result of thi!
"negotiations of which you spoke.
" Our clients hero are to-day in receipt of very stiong letters from the Eng-
" lish bondholders urging that no further time be lost an<l instructing immediate
" proceedings unless the lands can be procured.
" 1 have tJiought it best to state to you exactly what occurred, because 1 am
"afraid that I cannot let ihctUvs stand any Linger in their present shape
' 1 feel perfectly .sure thu unless I can by the next mail advise thes.> Hui^dish
' bondholders that the land> have been allottdl to theiu or that procmslinjs have
' lieen been t^ken, i e instructions will bi' withdrawn from my hands an<l jilaced
" ill the iia.ids of soir'- other solicitors.
" I fe(d tlint 1 cii, mot blnwie our clients if they take thi.s cour ,,, hrc.iuse it is
'Just four years ag > i,uia month since I received my instrnc'^on" ' tile a Petiii^i
' of Right for the recovery of these lands or money comi)en.siv„, ...
" I fed (iiiito sure tliat you will ap]U'eciate my position ai: 1 will reailily
' understand that there is no cour,se opi^n to us except that of tiling a INstilion of
■ llight unless Wi' can receive a satisfactory a.ssuiance that the lands will be placed
' at our disposal in the near future.
" 1 have submitted and discussod your .Miggcstion that the negotiations wiili
' the (Canadian Pacific Railway ( 'cimpany wimiM i.M|uii'i,' to be c included before
'you can deal with die applicati mi of our Cumpeiiv
" I am assured ii. the most positive way *',iat there '■ no |Mvspecl of an early
' settlement between the (iovernment did the Canadiai Pacific Railway Com-
10
fO
M
" imiiy, ,111(1 that tlio postponiii^r of our upplicuiioii until you .leal with tliat Ooiii-
'■ pany simply nujaiis that our rifrhts are to runiaii. in abeyance for a veiv lon,r
" time ■' ^
"1 shall !,.■ very much ohli-e.l if you will let me know a,s hoom as possible
•' what is the vrvy best report I can make to our clients on the subject.
" 1 intend leavii.t,' Toronto on i'hursijay afternoon for u trip to En-lan.l by
" the steamer ■ Un.bria,' leavinjr Xew York on Saturday UH.rninfr. and k w.uld
■ atford me most profound satisfaction if when in Krijjluud and when discussinjr
" this matter with the representatives of the bun.lholders there f am able to tell
• them that I have been able to .nake satisfactory progress, I sincerely tru.t that
' you will put it in my power to do so.
" in the communications which have been to-day received from Kn^'lund our
■ correspondents point out vith considerable bittertiess the circumstance that we
' have been unable during the four years in which the tnatter has been in our
• hands to nmke any progress towards a settlenu'nt or a termination of the ditH-
' culties by lerral proceorlings
" I shall be glad if you will permit me to make one further observation in
' this connection and it is that t!iis Company became entitled to it. I.ind Grant
' nearly six years before we received our instructions.
" Yours truly,
■A. R CRKELMAN."
100, On 20tli June the Minister wrote to Mr. C'reeliniiu as folio
ws :-
SO
" Pkrsonai,.
" Ottawa, 20th Juno, 1899.
" Doar Mr. Creelman ; —
" 1 have your letterof the l!)ih in.stant. I r.m not in apositi.m to blatue vour
•'clients lor tlu.ir desire t'l procee.l, neither am i in a p..sition to at omv ;,||oi the
" lands which they claim to be entitled to. I do ..ot wish you in any way to eom-
" promts.' your profo.ssional position in connection with the matter, and it m;.v be
" that what you say about the arrangeuients with the ( 'ana.lian I'aeilie K^iilway
"Company will turn out to be correct If you will drop me a note before you
" leave on Thursday, saying what your addres.s is in Kuglaud, I will writ.! you ,i
'■ letter which will giveynu as delinit.^ a statement of the positicm as it is possible
" to furnish.
Yours faithfully,
"CLIKFORU SIFTOM,
"A. R. t'i(ici':r,MAN, Ksq,, (^».(:.
"Toronto,
"Onf
*0 and on 21st Juno Mr. Creelman replied to the Miidster as follows :-
^m"
■ ' ■'
69
TO
"June •21,st, 1899.
' Hon. Clifford Si/ton,
" Minister of t lie Interior,
" (jltawa.
' Dear Mr. Sifton : — •
"I hiive your lutter of 3'e.sterilay and sliail '•« very glad to hear from j-ou
' wlien ill London. My address will be care of llairi.son \: Powell, Solicitors, 5
Raymond Buildinir.s, Gray's Inn, London, \V. C.
" I am exceediiii^ly sorry tliat we have not been able to come to some definite
'arrangement lufori! I leave. I trust, however, tiiat your letter to nie in London
'win be .satisfactory, and at any rate 1 hope that when I rtturn (wliicli 1 hope to
di) towards the latter part of duly) you will be able to satisfy me that our etlbits
' in endeavouring to brin;r about a settlement of this ditliculty have not been in
' vain.
" Yours faithfully,
" A. E. CllEELMAN."
101. No further communication on the subject of this claim wa.s made to j'our
Petitioners or any of them by the Minister or by anyone nn his behalf until 21st Aui;ust,
1899, when the Secretary of the Department wrote to the Railway Company as
20 follows : —
"Department of the Interior,
" Ottawa, 21,st Aui^ust, 1899.
" Gentlemen ; —
" 1 have the honour, by direction, to advise you that the Minister of the
" Interior is particularly desirous that the Land Grant to your Company should
" be linally disposed of with the least possible delay. With that object in view
■• ho has reipicsled .Mr. I'earce to bo present here on and after the 2(Jth pro.xinio.
" Will j-oii therefore please tix a date, to be as early thereafter as possible, to
" discu.ss the position with Mr. I'earee, and if possible arrive at a s;iiisfactnry
80 " arrangement of this matter.
" 1 beg to remain,
" Your obedient .servant,
■JOHN R. HALL,
" Mkssk.s. ()si.i;it. ll,\MMiiNii vV N'.wioN, " Secretari/.
'■ The Qa'Apimlli', Lon<j Luki: A: Saskatchewan Uaihrai/,
" W'innipig, Man."
102. 'I'lie meeting which was suj^gi'sted in the Seerelaiy's letter of 21st August
took phu'i- at Ottawa on tin' 2!>th .Seiiteiiiber last and was renewed on the ItOth
September wlnai the Governiiient was rcpresi-nted by the .Minister and .\!r. I'earce, and
4Q your I'etilioners by Mr. ('reelniiin and Mr Nantnii. After long discussions it was
admitted by the Minister as the result of the examinations ami investigations mmle ' y
Mr. Pearce pursuant to the agreement entered into on the JiM November, LS'.I.S, that the
Govcinmeiit had not at its disposal at tliat time such lands as, having regard to the
definition agreed upon of the expression 'lands fairly lit for sri i lenient, " could
■
70
renHoimbly he. oH'itimI t i your I'c'titiDiK^rs for iln' piii-|)iiMi' of siitiMfyirifr tin. n'umiiiflt'r of
t\w said Laii I (liMiit, iiiiil Llii' only )ilt(;rniitivii |)roHi)iit(!il lo your IVtitioner.M to waiting
an iu'luliniti^ pc-riod of tiiiif until all otiiisr (!o!npani(^<' L-incl (Irants liail Ihmmi sati-lii'il ami
then Hulucit from wliut. if anytliinir, mi^^dit lie left, was to |)rcsi)nt a I'rtitioii of lli^jlit to
thin ll()noiiral)l(t (Jourt to liavi' thi'ii- rif^'lils iJi'ti'miincMl and HOdUicd.
I();f. In on li^' to hIiow tlid position with regard to tlic Hiii<l Land (irant wliicli
is ocrupicrl liy tim I'i'titiojmrs other than lln^ llailway ( -impany your I'ctil ionci-s sl,at(^
that in .luly, ISSII, thr Kailw/iy Company in oi- Irr to scyuri^ tin; nioncsy nrm'ssai-y for tim
couHlruction and iMpiipmcnt of its said railway cntiM'iMl into an a^'ri'imirnt with Mo.ssrs.
10 Morton, Kosi^ .V ( !o . Hnukcrs, Lomlon, l';n;^'land, foi- tlu? saht to tlicni of a poi-tion of their
said I/and ( JranI pui'su mt t,o the power eord'erred upon thi! Ilailway ( 'onipany by thi!
Htll sei;tion of its Aet r)f lueorp )r it,ion and fordivers jfood and valualili^ considerations it
thereunto movinir th(^ Railway ( 'oinp^my did sell to tlm said Morton, Hose \r, (lo., 701),-
000 aei'es of th ■ s.aid Land (Jrantaiid did ent(M' int,i) a (M)ve.nunl to ('oiivev' the sauiu to
thi! sail! Morion. linMi; \- (,'o fi'ee from all eliar;^rus or liens exi; 'ptiri^' the sin'Vey fees and
incidontal expensi^s amountiri;,' to ten ci'iits per a(tre imposed hy the (iovuriiiui'iit of ' !iin-
ada und(!r the ( )iders-iii-< 'oiiiicil i-ejatinif to thi' said I, and (Irant.
lot. It was in and hy the a;^'rei,'mi!Mt lietween the Railway ('ompany and the sjiid
Morton, Itosc^ \- Co fiinher .mn'ed tli;it the s nd lauds so sold should he vested in the
20 said .Morion, Rose & Co., or their nomiiieiis as and when they should .lemarid the same
from the Railway Company and al'ter the R.ailway Coinpauy li came I'litilled to the.
Rame under the said < )i'diU's-iii-( 'oiiiieil or. in tlit! altm'iiative, that the Railway i 'onip.iny
woulil procure patents for l.u'said l.inds to oe issued direct from the ( lovernment of
Camilla to the Haid .Morton, Rose ii; ( 'o. or theii' nomiiiecH.
10.'). The said Morion. Rose & Co. duly iiMsij^ucil all tluMr interest in the la.st men-
tioned afjrueinent and in the siid 700,000 acres of land to you?' Petitioner the (.^ii'.Ap-
[)elle, Lonjx Lake Isi SasUatchewan Land I 'ompany (Limited' and did duly ii miinite the
Maiil last mimeil ( 'oinpany as their iiomini'i^ for the [)urpo^i' of takinj; coiiveyai iheic'of
from the Railway ('ompany or of ri'ceivin;,f the I'.iti'Uts for the said lands from llie I )o
;(() minion (joviu'iiment, as the case mij^lit ho, and the s.iid list n.amcd ('ompanv is now
eiititlcd to ruc(uve "OO.OOO acn^s of tin; said Land (Irani or to comp iis.ilion therefor
saw
106. 'riie^Morlon, Rose (i> Co. .■iiid the said Land Couip.iny have freipii'iitly de-
inandeil the said lands hut have not ycit ri'Ceived the sa'iie or ary part thereof (except the
proceeds of a few acres sold liy tlie Laud Company from that poi'tion of tlu^ said Land
(irant received hy the Railway ('ompany.
107. 'I'he Railway ('niupiiin has conveyed to your I'etiiiomrs the I loiiouralih"
Donald .Ma(dnne~, ( )sli'i- \ Hammond an I the llonouralile William I'nj^sley, fm' divers^'ooil
and valualile eonsiilrr.il iou^ it thereunto movinj,', all the intere>tof the Railway ('ompany
in the Slid Laiel (Irani not covered hy thi^ sale to .Morion. Rose' ^: ( 'o . and not
40 inchidin;^ the proportion of lip' L.-iiid (irant lo he retained \>y ihe ( iovernmeiil as afoio-
said, the saiil eonveyiUiee heinir made in pursuaiici' of resolutions of the Railway ('om-
pany made in Aiij^ust, LSMll, and llinlur and liy virtue of the said conveyance (he saiil
Pt'titioiior.s Macliiues, OsUt \- llaimiiHi.l an 1 I'liLjslfv. arc s,iv.' as in tlir wxt suc-
ceciliiif; parajri'a|)li iiieiitioniMl, uiititlocl to tlio n'liiain^ler of thi' said Laml (Jiant not
alieaily solil as afoi-esaid (o tlii' said .Morton, 1{()^L• \- Co.. or to compensation tliorol'ur
H)^. .\l'tiT till' sail- l>y the Kailway ( 'onii>ai)y to your I'clitioner.s .Maclniies, Osier i'i.'
Ilaniniond .lu 1 I'n;;sley a poi-tion of llu' >aid l-and (.irant t-ndiraced in tlio said .sale,
to wit. .'{'.1,51-2 iicres thereof and the rij^ht^ to the same uerr with the con.sont, approval
and knowledge of the Railway I 'oinpany and f<ir valu.ilile consideration .sold and
assigned to y(air Petitionii tiie Land ('onipany. whieh is now entitled to the same in
addition lo the said oih'-r purchase of 7(M(,0()() acres.
'^ IOI>. Vour I'etitionrr the Kailwjiy L'oin[)any slili retains its interest in that |)ortion
(jf its said Land (!rant, to wit, one third thereof, which the (iovernnient is entitled to
hold as secuiity under the said Cash Sulisidy Ai.'recni('nt and subject to ihe rirrht
of the Uovernnient to retain the aforesaid one-third of the said Land ( irant .'Viid to
the lien of the (loveriMuent therc'iu your Petitioner the Railway t 'ouipany is entitled to
the same anil every part thereof.
110. The lands which have up to the present time been accepted and applied for by
your Petitioners have not yet been appcjrtioiied anionust iIkmu, liut they are willing and
hereby oll'rr to sulimit to a division thereif between the Land ('om])an\- on the one hand
and j'our Petitioner- Maelunes, Osier \: llaminond and Pugsley on t'le ntlior hand
20 according to tlieir respective interesis in the whole Land (Irant.
Ill Vour Petitionei- the Railway Company has in every respect fultilleil its
contract with the liovernnient ol Canada and has running the Railway, built and
equi|)ped in every res[)i'et and to the perfect satisfaction of the Knginecr in charge
of Uovernnient Railways and of the tloverninent of Canada, whieh the Railway
Company undertook and agreed with the (ioveriinient of Canada to build and eipiip and
have running, and the Railway Company became entitled in due course to its said Land
Urant and your Petitioners have long been and now are entitled thereto according to
their respective rights and interests as herein stati^d or to compensation in money for so
much tliere(-f as has not been received by them.
30 ll'i. .\t the time this Railway was lii-st laid out and when the said contract was
entered into between the tlovernment and the Railway ( 'ompany an I liuriug the time of
the Construction thereof it would not have been possible to induce any Compiinj' or
individual to Ijuild such a Railway throngh :\ new ,ind misettled part of the country, as
was the condition of the country through whieh this Railway was bailt. without the
assistance to the enterprise which was promised to the Railway ( 'ompany and afterwards
set forth in the said Order-in-Couneils and .\ifri'ements.
1 I!). Your Petitioni'r>, MacLines, Osier \' llanimond and I'ugsley. were promoters of
the .said Railway and were imluceil by the strong solicitiitions of the Covernuient of
("anada. who considered the Railway, as is stated in thi' Act of Incorpi ration, to be " for
40 " the general advantage of Canada, " to take part in the construction if ulie same. The
proposals which were afterwards embodied in the Oiders-in-t 'ouncil and other .Agreements
72
upipii wliicli this I'.lition is r..nihl.'.| cn'i^iiiJit.Mi with tlu> Covniiiient nnd were sulirnitte.!
t(i iiml iiecept.d l.y the |ii iotcr> .,f tlic C piii|„iiiy miv! t\v ('<.iii|iiiiiy it-sell" The
(ii)vertiiiieiit Wiis most anxious thai ihis Railway shoiiM !„■ hiiilt not only for th.'
pui'iiose of .iiienin^^ iij) an. I .h'velopin-- the c iiinliy throii-h wliich it w.is iiitende.i to run,
but iilso Coi- pc.litieal pni-poses an.| t.i enal.l.' the (love, nia-nt to niofe easily control the
eoiintr-y tributary to I'riner Albeit, where a eonsi.lcrabh. amount of trouble hiid arisen
(iurini,'the Kiel iiclirljion. uiiieb had I i supjiresst' I a -.liort tiiiir before at an enoriiiDUs
expense to the country,
II+. The (ioverinnent of I'aiiadii and tiie country ;;enenilly Imve receive.! the
10 benefit atid adviiiitiii,'e whicli have resnlt.-d from a piiMie point ..f view by the eonstriie-
tioti and workinj,' oftlie said Ivailway. and your i'etitioners subndt that the (iovernment
should on iis part fnliil it- obligations wliieh were th.' eon-ideration for siiph construc-
tion and workin;^.
II.'). Vonr i'etitioners submit that lhe\- an' now entitled to compensation in money
for so much of th" said Land ( irani ai has not been provided by the ( iov.'rnment and
accepted by lluMu.
20
30
40
voi'K I'l'yi'rnoNKiis TiiKRKKoiM.; lll■.\ll;^^■ i-hav as Billows :
1. TllAI' 11' may be ilcclared by this llonotirHlile Court
II) That a f,'ooi| and valiil contract exists between the
lioveiiunent of Canada and tie- Railway Company for the IJranI
hy the Governineiil to tlii> Railway Company id' (i.KIO acres of
land pel' mile of tlie Com|)anys Railway fairly tit for settlement
and to be made np out of the inioeeiipieil and nnelaiined odd
numbered sections of land in the North-West Territories of
Canada at the ilisposil of the tiovernmeni, or oul of altermite
Tuwnshil)s or blocks of land, wilhin ten miles of the Railway
Company's line ol railway on either side thereof, in so far as is
practicaiile without intorferini;- with any previous j^rants or re-
serves, anil if there is .any iletieieney in ihi' area the same
to bo nuuie up out of any .•uailable hands in the North-West
Territories of ('iin.ida in ih.. discretion of the Covernor-Ceiiend
in Council, bul suliject to the eosi of stn-vey of the land and in-
cidental expen-es whirh ha\e been lixed al ten cents jier acre,
(h) That the consideration for the said Lanil '. nut was
atiil is the coustructinii, eipii])iie-nt and runnine of n,, l;,iilwav
Company's railway, aeeordine to certain specilieations and so
located, i^raded and of such j^aun.. as should meet with the
approval of the ( iovei'iiineiit of Canad.i.
(el That the R.ailway ( 'ompany did build and ei|ui]i and
did on C2(h Oetolur, IMKi. have runniiif,' a line of Railway from
Reeina to I'rince Albert, a distance of :25;MK> nnles : that such
line of railway was duly a])priivei| of and acce|ited by the Oov-
73
10
20
30
40
I'l-Miiient (111 MU'h (Into u.s heiii;; in iicconlancu witli the Kpeciliuii-
tidiis ■.u^voti'l u|..in l-ufore the Miid Ruilw/iy was Imilt and a.s bu-
iiij,' propuily located luid graded and of the ru()uire(l j,'au^'c.
('I: Tliat t\u'. luiilway t'oniiiany liccanie entitled on litli
Octolier, 1«!I0, to tli.- h.nds (.ailed IV.r l,y tlie said Land (ir.mt,
namely (i,4(IO acres per mile computed up n 2;i;i,l)U miles ol rail-
way, beinjr the total mileajre of the llailway from Kej,'ina to
Frineo Albert less the first 20 miles tliereol'. to wit, l,497,:tl4 acres
ol'land fairly tit for settlement snbject to the retention by the
(Joverninent of one third thereof as a security for the execution
by the Railway Company of the terms of the Agreement of the
•Hh (hiyof An-ust, IHH!), it being admitted by the Petitioners
for the purposes of this Petition that the (Joverninent has
already provided the Land Grant to which the Railway Com-
pany became entitled on in 1 dune, INSli, in respect of the said first
20 miles of railway, being from Uegina to near Long Lake, to wit,
128,000 acres, although it is not admittisd that such lands were
fairly fit for settlement.
C) That with the exception ,,f the said I2S,OI)0 acres of
land lastly referred to and of 224,:i;jli.!)(i acres which your Peti-
tioners admit having received or accepted, your Petiticmers have
not, nor has any of them, received the lands contracted for by
the said Land Grant.
(/} That your Petitioner the Land Company is entitled to
receive from the Government of Canada, out of such lands, 739,-
r.42 acres of land fairly fir for settlement, loss its proportionate
share of the said 224,,S;!(i.i)0 acres already accepted.
(,(/) That your Petitioners Maclnnes, ( )sler .>^- Hammond and
Pugsley are entitled to receive from the Government of Canada,
out of such lands, 2.-)S,U.S8 acres of land fairly tit for settlement
less their i)roportionate share of the said 224,H:itj.i»G acres
already accepted.
(Ii) That your Petitioner the Railway Company is
entitl(.Ml to have set apart, out of such lands, 49!),l 14 acres of
land fairly tit for settlement ; but your Petitioners admit that
the same ni.iy be retained by the Government as a security foi'
the performance of the said Agreement of 5th August, 1889.
(I) That the expression "lands fairly fit for .settlement"
in the contract between the Government and the Railway
Company means " that each Qimrtev Section shall as respects
"soil an,t climate be of such a nature that a man can make a
" reasonahle living for himself and his family of such Quarter
"Section without the use of adjoining lands hy ordinarn work
"and industri/."
R^fP
m^
10
74
(J) Tliiit haviiit; rccjard t.i supli (Iclinition the (■oviTmiit>iit.
Ims not pn.viik'il mid is iiiialili' Id iircividc in Mic said NoHli-WVsl
Tori'itori'js the lands n'i|uii-.'d ],y ilir tciiiis i.i tin. cdntract with
the Railway (' puny, to wit. the >aid T:!!! ;U2 acres to the Land
Conipaiiy, and the said 2.")S.(i,SS aeivs to thi> said Maelnnes. ()s|,.|-
& Haininond and l'uusl,.y, los the sni,! -J-i I- a:!(|.IHi aen's alread\-
aecepti'cl, tiiat is to say. TT-'i.M !:(.()+ .leivs and the said -|.!t!).l n
acres already rererreij to.
fl-) Thai yonr IN.'titioiaTs are mtitlivl t.i eoaipeiisation in
money for the p utiun ,<f {\w. said l,:ind (!i-;inl to whieli they are
respectively oiitith'il and which the (iovennnent has not,
piovideil for tin" ptiriioso of satisfyin;,' the said contract and to
(hlinaffos sn.staineil liy tlicni throni;h the failnre of the (Inverii-
iiient to proviile snch lands.
20
80
*-B. .\nii 'I'iiat your l'etiti(.ners may he pai.l liy ^dur Majesty the
amoinit of their claims for compensatiMii and il.imancs as follows
that is to say :
((() 'i'hat yoiir I'etiiionei' the Land t 'mnpany may he paid
the cash value of 7.'i!),."i42 acres of land hss KKi.-JOO.VS acres,
beiiif; the said i'etitioni'r's proportionate share of the said -'24.,
330.00 acres accepted hy y(Mn- I'etitiiiin'r^, tlml is to say .')7.'t.-
;!t-i.22 acres of land, in the North-West Territories of Canada
fairly tit for settlement, toircther with interest thereon from |-Jtii
October. lHi){).
(/<) 'I'liat yoiu- Petitioners Maelnnes. Osier \- Hammond
and Puffsley may he [)aid thi' cash value of I'.Vs.tiss acres of land
les.s r)S,13(i.l.S acres, bein;; the propoiliomiii' share of such I'eti-
tioners of the said ■.'24. ;!:)(;.!)() acres accepted by y,i\ir I'eliliduers.
Unit is to sav -JOO.-V)! S2 aere^ of land in the North-We.st
Torritories of Ciiiada fairly til for settleinenl. to<,a'ther with
interest thereon from iL'th Octcjlii-r. IM)I>.
((■) That all yonr Petitioners may be paid the damages
nh^ch they have respectively sustained by reas.in of the breach
on the pMi't of the ( iiivernmeiit nf its contract to proviile the
said Land (irant.
(il) That all yonr I'el it loners may be paiil iheir expemli-
tiirc in examiniii;,' and proeuriiej- jb'ports upon the IJeserves of
lands set apart by the ( iovernment lor Ibi' purpose of satisfxin^'
tiio said iiaiid ( Irant.
40
••. 'J'liAT voi'U I'etilioiiers ma,\- be awarded the e.sis nf this i'l'lition
and of any further proi'e.'dinjjs tahen in the assert ion nj' ih,.se
claims.
"SE=r-
75
i, Snii FiKi'iiEU imj other relief as the circmiistttiiees of the case
may roiiuire and us to this Honouialik! Court may sueiii luoct.
And yoi'k PKirrioxKus as in nriv iioi nd wii.i, evkk imuv.
Dated this :Ust day of January, I !•()().
A R (KKKI.MAN.
Of ( 'ounnei for the Petiliuners.
um^Km^wmmimimmmmmmmim
^■■■iiii^
IN THR
THE QU'APPELLE, LONG LAKE AND
SASKATCHEWAlSjv RAILROAD
AND STEAMBOAT CO'Y
et aL
vs.
N
THE QUEEN.
Petition of Right.
The Petitioners pray for a statement in defence on
hchalf of Her Miijesty within four weeks after the date
of service hticof, or otherwise that the Petition may be
taken as confessed.
McCarthy, osler. hoskin & creelman.
AND
t.
ciefence on
jr the (late
an may be
,MAN.