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Kamloops Agency and the Indian Reserve Commission of 1912-1916 Ignace, Ronald Eric 1979

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KAMLOOPS AGENCY AND THE INDIAN RESERVE COMMISSION OF 1912-1916  S  by  RONALD ERIC IGNACE .A., The U n i v e r s i t y of B r i t i s h Columbia,  A THESIS SUBMITTED  IN PARTIAL FULFILLMENT OF  • THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS  in THE FACULTY OF GRADUATE STUDIES Department of S o c i o l o g y  We a c c e p t t h i s to  t h e s i s as conforming  the r e q u i r e d s t a n d a r d  THE UNIVERSITY OF BRITISH COLUMBIA November 1979 ^ )  1974  Ronald E r i c  Ignace, 1979  In p r e s e n t i n g  t h i s t h e s i s i n p a r t i a l f u l f i l l m e n t of  f o r a degree a t the U n i v e r s i t y Library  the  requirements  of B r i t i s h Columbia, I a g r e e t h a t  s h a l l make i t f r e e l y a v a i l a b l e f o r r e f e r e n c e  and  study.  f u r t h e r agree t h a t p e r m i s s i o n f o r e x t e n s i v e c o p y i n g of t h i s s c h o l a r l y purposes may his representatives.  be granted by  the Head of my  the I  thesis  Department or  I t i s understood that c o p y i n g or p u b l i c a t i o n  t h i s thesis for f i n a n c i a l gain  s h a l l not  permission.  Department  The U n i v e r s i t y o f B r i t i s h Columbia, 2075 Wesbrook P l a c e , Vancouver, B.C., Canada. V6T 1W5  be a l l o w e d without my  for by of  written  - ii -  ABSTRACT  In this thesis I review and attempt to provide a c r i t i c a l analysis of the work of the Royal Commission on Indian Affairs in the Province of British Columbia, otherwise known as the McKenna-McBride Commission of 1912 to 1916. This Commission was established to review and assess the acreage of land set aside for the use and benefit of the Indians and was empowered to cut-off land from reserves, create new reserves or to add land to existing reserves.  The Commission came into  existence due to contention of the increasing number of settlers in British Columbia and their governments that there was an excessive amount of valuable land locked up and lying in idle waste within reserves.  I  have outlined the social events and forces which led up to the formation of the Commission.  Ultimately, the Commission represented a small aspect  of the struggle between the colonizers and the colonized for the land and its resources.  - iii -  TABLE OF CONTENTS  Page  ABSTRACT  1 1  TABLE OF CONTENTS  1 1 1  LIST OF TABLES ACKNOWLEDGEMENTS  v  v  i  i  I.  INTRODUCTION  1  II.  PRELUDE TO THE ROYAL COMMISSION  4  III.  POWERS AND STRUCTURE OF THE ROYAL COMMISSION  36  1.  The Memorandum of Agreement  36  2.  The Personnel of the Commission  3.  Itinerary of the Commission  IV.  KAMLOOPS AGENCY - A RE-EXAMINATION OF THE TRANSCRIPT AND REPORT OF THE ROYAL COMMISSION  42 43 46  1.  The Native People Identified and the Agency Demographically Located  46  2.  Neskainlith Band  49  3.  Adams Lake Band  59  4.  L i t t l e Shuswap Lake Band  67  5.  Salmon Arm's Board of Trade - Businessmen's Interest in the Commission  78  6.  Decisions of the Royal Commission for the Shuswap District  82  7.  North Thompson Band  86  8.  Kamloops Band  98  9.  Kamloops Board of Trade - Businessmen's Interests in the Commission Deadman's Creek Band  10.  106 114  - iv -  11.  Cache Creek Band  119  12.  Ashcroft Band  128  13.  Cook's Ferry Band  137  14.  Reserve Nos. 8 to 15 (Chief Titlantea's Reserves) . . 143  15.  Summary and Assessment of the Commission's Decisions for a l l the Agencies in British Columbia 151  SUMMARY AND CONCLUSION  157  BIBLIOGRAPHY  166  APPENDICES  170  A. B.  MEMORIAL — To the Hon. Frank Oliver, Minister of the Interior, Ottawa  170  Carrying Capacity of Pasture Lands  175  -  V  -  LIST OF TABLES Table 1 2  Page A n i m a l s Owned by N e s k a i n l i t h Band and Land Required f o r Pasturage P a s t u r e Land P o s s e s s e d by N e s k a i n l i t h Band and  55  A c t u a l Number o f A n i m a l s S u p p o r t a b l e by T h a t Land. . . 56 3  Land C l a s s i f i c a t i o n o f t h e N e s k a i n l i t h Band  58  4  A n i m a l s Owned by Adams Lake Band and Land R e g u i r e d for Pasturage P a s t u r e Land P o s s e s s e d by Adams Lake Band and A c t u a l Number o f A n i m a l s S u p p o r t a b l e by T h a t Land  62 63  6  Land C l a s s i f i c a t i o n o f t h e Adams Lake Band  64  7  A n i m a l s Owned by Shuswap Lake Band and Land Required f o r Pasturage  72  5  8  P a s t u r e Land P o s s e s s e d by Shuswap Lake Band and A c t u a l Number o f A n i m a l s S u p p o r t a b l e by T h a t Land . . .73  9  Land C l a s s i f i c a t i o n o f t h e Shuswap Lake Band  75  10  Land C l a s s i f i c a t i o n o f t h e N o r t h Thompson Band . . . .  92  11  A n i m a l s Owned by N o r t h Thompson Band and Land Required f o r Pasturage P a s t u r e Land P o s s e s s e d by N o r t h Thompson Band and A c t u a l Number o f A n i m a l s S u p p o r t a b l e by T h a t  94  Land  95  12  13  Land C l a s s i f i c a t i o n o f t h e Kamloops Band  107  14  A n i m a l s Owned by Kamloops Band and Land R e q u i r e d for Pasturage P a s t u r e Land P o s s e s s e d by Kamloops Band and A c t u a l Number o f A n i m a l s S u p p o r t a b l e by T h a t Land  108  15  109  - vi -  16  Land Classification of the Deadman's Creek Band  117  Animals Owned by Deadman's Creek Band and Land Required for Pasturage  120  Pasture Land Possessed by Deadman's Creek Band and Actual Number of Animals Supportable by That Land  121  Land Classification of the Bonaparte Band  123  Animals Owned by Bonaparte Band and Land Required for Pasturage  125  Pasture Land Possessed by Bonaparte Band and Actual Number of Animals Supportable by That Land  126  Animals Owned by Ashcroft Band and Land Required for Pasturage  134  Pasture Land Possessed by Ashcroft Band and Actual Number of Animals Supportable by That Land  135  24  Land Classification of the Ashcroft Band  136  25  Land Classification of the Cook's Ferry Band-A  140  Animals Owned by Cook's Ferry Band-A and Land Required for Pasturage  144  Pasture Land Possessed by Cook's Ferry Band-A and Actual Number of Animals Supportable by That Land  145  Land Classification of the Cook's Ferry Band-B  147  29  Animals Owned by Cook's Ferry Band-B  148  30  Pasture Land Possessed by Cook's Ferry Band-B and Actual Number of Animals Supportable by That Land  149  17 18  19 20 21  22 23  26 27  28  - vii -  ACKNOWLEDGEMENTS  I would l i k e to d e d i c a t e t h i s t h e s i s t o the memory of my a n c e s t o r s , p a r t i c u l a r l y t o those e l d e r s w i t h whom I spent my youth. I t was through t h e c o n s i s t e n t s t r u g g l e of n a t i v e women and men of p a s t y e a r s f o r t h e r i g h t s of n a t i v e people which made i t p o s s i b l e f o r n a t i v e youth of today to o b t a i n t r a i n i n g and t e c h n i c a l s k i l l s .  S k i l l s which I have  come to r e c o g n i z e , our a n c e s t o r s would l i k e t o have seen brought the n a t i v e communities,  n o t t o b u i l d p e r s o n a l c a r e e r s , b u t to c a r r y on  the s t r u g g l e f o r our democratic r i g h t of s e l f - r e l i a n c e . realized 1930  to s e l f - d e t e r m i n a t i o n on the b a s i s  However, t h i s cannot be done i n i s o l a t i o n .  t h i s and sought u n i t y w i t h the Chinese and Japanese  and 1940.  back t o  Our a n c e s t o r s during the  N a t i v e people of today must l e a r n from t h i s and f o r g e  a l l i a n c e s w i t h T h i r d World n a t i o n s and peoples as w e l l as o b t a i n t h e p r i n c i p l e support of t h e s e t t l e r workers. heart warming thanks  I would a l s o l i k e to express  to my daughter L e i l a who i n s p i r e d me.  I would a l s o l i k e t o acknowledge and express thanks contemporaries w i t h whom I spent much time and gave me many  to my  political  i n s i g h t s and who I know would be much more c a p a b l e of c a r r y i n g out a more i n c i s i v e a n a l y s i s than I . F i n a l l y ,  I would l i k e t o express thanks to  p r o f e s s o r s R i c a r d o M u r a t o r i o , Robin R l d d i n g t o n and Mike Kew. p r o f e s s o r s gave me freedom s u g g e s t i o n s and c r i t i c i s m s . suggesting  of l a t i t u d e , c o n s i s t e n t  Each of these  encouragement,  timely  I would l i k e t o s i n g l e out Mike Kew f o r  t h e t o p i c o f my t h e s i s and f o r c o n s i s t e n t l y c r i t i c i s i n g my  t h e s i s a t each c r i t i c a l ideas expressed  stage.  However, I am s o l e l y r e s p o n s i b l e f o r the  i n t h i s t h e s i s w i t h a l l i t s s h o r t comings.  - 1-  CHAPTER I INTRODUCTION  The bourgeoisie, by the rapid improvement of a l l instruments of production, by the immensely facilitated means of communication, draws a l l , ... nations into civilization. The cheap prices of i t s commodities are the heavy a r t i l l e r y with which i t batters down a l l Chinese walls, ... It compels a l l nations, on pain of extinction, to adopt the bourgeois mode of production; i t compels them to introduce what i t calls civilization into their midst, i.e., to become bourgeois themselves. In a word i t creates a world after i t s own imag e. Karl Marx, 1848  At the turn of this Century, the governments of Canada and British Columbia established a Royal Commission to investigate and adjust Indian Affairs in British Columbia.  The purpose of the  Commission was to establish reserves in British Columbia on the same footing as those in the rest of the country in which the federal government had sole jurisdiction.  Until 1912, the provincial government  of British Columbia claimed ownership of reserve lands and that the Federal government was merely holding those lands in trust for the use and benefit of the Indians.  However, the Commission was also empowered  to establish new reserves, which was mainly done in the North-central zone of the province, and to investigate and determine whether or not  - 2 -  existing reserves, predominantly in the Southern portion of B.C., had excessive or inadequate land.  The reserves were to be adjusted  according to the Commission's assessment based on the testimony of native people, whites, Indian Agents and the data collected and compiled from various sources. Between 1900 and 1912 the provincial government, businessmen, and farmers, maintained that native people held excessive acreages of land lying in idle waste within reserves that should be taken away and sold to settlers who would make better use of i t .  It was claimed  that in withholding unused land Indians were impeding economic progress and settlement of the country. The British Columbia  government's claim to ownership of  reserve lands and, also, i t s contention that reserves lands contained excessive acreages which must be cut-off so as not to impede settlement, was widely supported by settlers.  It was largely in response to this con-  tention that the provincial and federal governments established a commission to investigate claims of the provincial government. The impetus behind this demand for reassessment of the amount of land contained within reserves was rooted in the rapid expansion in the economy and the sudden influx of settlers. The purposes of this thesis are to determine whether or not there was any foundation to the contention that reserve lands contained an excessive acreage lying in idle waste, and to determine whether or not the testimony of Indian leaders and spokesmen had any impact on the decisions of the Commission.  - 3 -  Furthermore, i n a n a l y s i n g  the Commission of 1912-16 i t i s my  hope t h a t some l i g h t may be shed on t h e i n t e r n a l dynamics which l e d to the f o r m a t i o n business.  I have p l a c e d  the r e l e v a n t all  of the Commission, and on how  i t proceeded w i t h i t s  i t i n a h i s t o r i c a l perspective  s o c i a l events l e a d i n g to i t s f o r m a t i o n .  t h i s i s an aspect  by o u t l i n i n g  As we w i l l see,  of the s t r u g g l e between the c o l o n i z e r s and the  c o l o n i z e d over land and  resources.  The a c t i v i t i e s of the Commission covered the whole pro-r v i n c e but I.have chosen t o review and a n a l y s e i n d e t a i l only the i n v e s t i g a t i o n of the Kamloops Agency, l o c a t e d i n the S o u t h - C e n t r a l r e g i o n of the p r o v i n c e .  Through a case study of the Kamloops Agency, we  can w i t n e s s the s o c i a l and economic c o n d i t i o n s of the I n d i a n s ,  the manner  i n which the Commission c a r r i e d out i t s i n v e s t i g a t i o n , and the s o c i a l r e l a t i o n s between the Indian  people and the growing s e t t l e r  society.  T h i s w i l l r e v e a l and i l l u s t r a t e the b a s i s upon which the Commission c a r r i e d out and made it's d e c i s i o n s .  - 4 -  CHAPTER I I PRELUDE TO  THE  ROYAL COMMISSION  From the p o i n t of view of the N a t i v e of the P r o v i n c e i t s resources The  of B r i t i s h Columbia i s one  between c o l o n i z e r s and  the  people, the whole h i s t o r y  of s t r u g g l e over l a n d  colonized.  p r o c e s s of c o l o n i z a t i o n , or the s e p a r a t i o n  from t h e i r l a n d and  the a c q u i s i t i o n of the land by  historically justified  of the  colonized  s e t t l e r s , has  i n Canada as elsewhere, by a r a c i s t  This i s v i v i d l y revealed  and  been  ideology.  i n the words of a Canadian s c h o l a r ,  Stephen  Leacock:  The c o n t i n e n t remained, as i t had been f o r uncounted c e n t u r i e s , empty. We t h i n k of p r e h i s t o r i c N o r t h America as i n h a b i t e d by the I n d i a n s , and have based on t h i s a s o r t of r e c o g n i t i o n of ownership on t h e i r p a r t . But t h i s a t t i t u d e i s h a r d l y warranted. The I n d i a n s were too few to count. Their use of the c o n t i n e n t was s c a r c e l y more than t h a t by crows and wolves, t h e i r development of i t n o t h i n g (Leacock, 1941:19)  Canadians have o f t e n commended themselves f o r t r e a t i n g Natives  much more b e n e v o l e n t l y  (Stanley, regardless 1963).  1940:111).  than t h e i r American  counter-parts  However, the p r o c e s s of c o l o n i z a t i o n i s b r u t a l  of what form i t takes  ( C e s a i r e , 1972;  In the p r o c e s s of c o l o n i z a t i o n , r a c i s m  political  'their'  F i s h e r , 1977;  Fanon,  became embedded i n the  economy of Canada as a means of m a i n t a i n i n g  the p r i v i l e g e d  - 5-  position of the European settler population over the Native people (Wellman, 1977: 19, 35-37). The loss of control by Native people of their land, was a key ingredient to the growth and expansion of capitalism in Canada, particularly in British Columbia.  A general European parallel is  found in the Enclosure Movement in which the common lands of the peasants were expropriated and turned into the private property of the Landlords.  This transformation was a key element in the birth and  growth of capitalism in England.  whereas  the peasants were forced  off their lands into the cities to work the machines of the new industrial society or immigrated to the colonies , native people in Canada were compelled to move onto reserves so that the lands around the reserves could be opened up to developers and settlers.  Furthermore,  the creation.;- of reserves to which Natives retreated, was seen as a means of avoiding conflicts between incoming settlers and the Native population.  In the words of one historian  The only principle (in B.C.) was that of placating the Indians and keeping them out of the way of incoming settlers by ensuring to each tribe a definite reservation of land (Cail, 1956:316).  In the expansion of Canadian capitalism westward, represented by the Federal government's desire to establish a settler nation from sea to sea, native people in British Columbia found themselves caught in a dispute between the Dominion and provincial governments over the  - 6 -  size and ownership of reserves.  The conflict, which was legalistic,  arose because the jurisdiction over reserve lands had not been clearly spelled out in the Thirteenth Article of the Terms of Union which formulated the basis for British Columbia's entry into Confederation. The two aspects of the Terms of Union which concern us are, f i r s t l y , British Columbia obtained legal control over most crown lands in the Province which later proved to be a stumbling block in establishing reserves, and secondly the federal government, consistent with the British North America Act, assumed jurisdiction over Indians and Indian lands in the new province.  However, the federal government did not insist upon  a clear statement on the rights of Indians or the nature of i t s jurisdiction over Indian reserves.  This was due to the hostile position which  British Columbia maintained on the question of Native rights.  As far  as the new province was concerned, the issue of Native rights was 'something of a joke'.  In the debates over the Terms of Union, there was  discussion regarding Indians.  little  A motion which advocated the protection  of Indian people during the transitional stage of B.C. joining with the rest of the Canadian settler nation, was defeated twenty to one (Fisher, 1977:176).  Subsequently a motion to extend Canadian Indian policy to  the new Province was withdrawn.  The draft proposal drawn up by the  Governor-in-Council of British Columbia made no reference to Indians. It is presumed that the f i n a l draft of Article Thirteen was added in Ottawa (Fisher, 1977:176). Article Thirteen states:  - 7 -  The charge of t h e I n d i a n s , and the t r u s t e e s h i p and management of the l a n d s r e s e r v e d f o r t h e i r use and b e n e f i t , s h a l l be assumed by the Dominion Government and a p o l i c y as l i b e r a l as t h a t h i t h e r t o pursued by the B r i t i s h Columbia government s h a l l be c o n t i n u e d by the Dominion Government a f t e r u n i o n . To c a r r y out such a p o l i c y , t r a c t s of land of such an extent as i t has h i t h e r t o been the p r a c t i c e o f the B r i t i s h Columbia Government to a p p r o p r i a t e f o r t h a t purpose, s h a l l from time to time be conveyed by t h e L o c a l Government t o the Dominion Government i n t r u s t f o r the use and b e n e f i t of the I n d i a n s , on a p p l i c a t i o n of the Dominion Government; and i n case of disagreement between t h e two Governments r e s p e c t i n g t h e q u a n t i t y of such t r a c t s of land to'be so granted the matter s h a l l be r e f e r r e d f o r the d e c i s i o n of the S e c r e t a r y of S t a t e f o r t h e C o l o n i e s ( F i s h e r , 1977:177).  Since A r t i c l e T h i r t e e n  d i d not c l e a r l y s t a t e t h e F e d e r a l  government's j u r i s d i c t i o n over r e s e r v e lands, and per room  i t d i d not s t a t e the  c a p i t a acreage which was t o be a l l o t t e d to members of I n d i a n Bands, was  left  for differing  new p r o v i n c e t o r e v e r s i o n a r y  i n t e r p r e t a t i o n s and f o r the c l a i m by the  r i g h t s t o Band l a n d s .  The nebulousness of  A r t i c l e T h i r t e e n was r o o t e d i n the new p r o v i n c e ' s i n t r a n s i g e n t  position  towards N a t i v e r i g h t s and the f e d e r a l government's d e s i r e not to jeopardize  t h e f o r m a t i o n of a s e t t l e r n a t i o n from sea t o sea by  the p r o v i n c e i n t o a d o p t i n g f e d e r a l I n d i a n p o l i c y . which had been pursued i n t h e p r a i r i e s i n v o l v e d  pressuring  The f e d e r a l p o l i c y  the nominal  recognition  of N a t i v e r i g h t s by s i g n i n g T r e a t i e s a l o n g w i t h a minimum a l l o t m e n t of 160  a c r e s o f l a n d p e r family.  - 8 -  The federal government In attempting to pursue i t s newly acquired duties as outlined in Article Thirteen became embroiled between 1871 and 1875 over the per capita acreage to be allotted to the Indians.  Since the new province controlled the crown lands, i t  dictated the amount of land which could be set aside for reserves and the amount i t was allocating was miserly to say the least. In 1873, the federal government in attempting to reach a compromise proposed that each family be allocated 80 acres which the new province rejected and contended that 10 acres per family was sufficient.  Subsequent negotiations led to a short-lived compromise  of 20 acres per family.  In a l l the negotiations between the two  governments, Native people were never consulted.  Indians lived under  the dictatorial rule of the colonials. The nature and extent of allotments was such that by  1875  there arose a ground swell of protests from Indians who were supported by some philanthropists.  In petitions to government o f f i c i a l s , Native  people said they felt  like men trampled on, and are commencing to believe that the aim of the white man is to exterminate us as soon as they can (Quoted in Fisher, 1977:184).  Fisher also pointed out that a chief from Cheam wrote to Lenihan, the f i r s t superintendent of the Mainland, protesting that  - 9 -  the reserves had been laid out without consultation with the Indians and that even twenty acres per family "was a mockery,- was destruction to the Indian race". (Fisher, 1977:184).  The protests were so widespread that the provincial government reluctantly agreed, to review the issue of reserve allotments.  Subsequently, a commission was established in 1876  commonly known as the Joint Reserve Allotment Commission. However, the two levels, of goverment could not come to an agreement on an acreage which the Commission would allot to each native family. The deadlock was broken, not through the consultation with Native people but, by William Duncan the Anglican Missionary.  He proposed  that each case where a reserve was to be established be judged individually without adherence to a standard acreage, and also land which had been set aside for the use and benefit of the Indians, and subsequently judged as no longer serving to the province.  that purpose, should revert  The agreement finally arrived at was stated as  follows: "to f i x and determine for each nation seperately, the number, extent and locality of the Reserve or Reserves to be allotted to i t " ; that "no basis of acreage be fixed - but that each nation of Indians of the same language be dealt with separately"; that "each Reserve shall be allotted"; that "in the event of any material increase or decrease hereafter of the of the numbers of a nation occupying a Reserve, such Reserve shall be enlarged or the members of the Band occupying i t " ; (sic) and that "the extra land required for any Reserve shall be allotted from Crown lands, and any land taken off a Reserve shall revert to the Province". (Italics added; R.C.R., 1916:17. v . l ) .  -10-  T h i s was the b i r t h of the p r o v i n c i a l government's c l a i m s to Reversionary  R i g h t s to r e s e r v e l a n d .  l o n g run, t o be p r o b l e m e t i c of I n d i a n A f f a i r s .  The s o l u t i o n proved i n the  to the f e d e r a l government's a d m i n i s t r a t i o n  I n other p a r t s o f the c o u n t r y , the f e d e r a l  government f i n a n c e d the A d m i n i s t r a t i o n of I n d i a n A f f a i r s  through  the s a l e o r l e a s i n g o f r e s e r v e l a n d s .  I n B.C., the f e d e r a l government  c o u l d n o t pursue such a p o l i c y without  a l i e n a t i n g reserve land at  which p o i n t the p r o v i n c e of B.C. c o u l d and d i d c l a i m t h a t such lands must r e v e r t to the p r o v i n c e . P r i m a r l y , the p r o v i n c i a l government r e l u c t a n t l y s e t l a n d a s i d e f o r r e s e r v e s because of the p r e v a l e n t n o t i o n i n the p r o v i n c e o f , what can o n l y be termed, 'Manifest D e s t i n y ' .  T h i s n o t i o n was a p t l y  summed up by the B r i t i s h C o l o n i s t i n 1861:  As an i n f e r i o r race..we b e l e i v e . . . ( t h e Indians) must g i v e way i n order t o make room f o r a r a c e more e n l i g h t e n e d , and by nature and h a b i t s b e t t e r f i t t e d to perform the t a s k of c o n v e r t i n g what i s now a w i l d e r n e s s i n t o p r o d u c t i v e f i e l d s and happy homes (quoted i n F i s h e r , 1977:95).  Another f a c t o r compounding the p r o v i n c e ' s r e l u c t a n c e t o r e l e a s e and  s e t a s i d e l a n d was the p r o s p e c t of p r o f i t s to be made, w i t h the  c o n s t u c t i o n and completion Columbia was induced  of the Canadian P a c i f i c Railway.  British  i n t o C o n f e d e r a t i o n by the F e d e r a l government  which promised t h a t B.C. would be l i n k e d to the r e s t of Canada by a railway  (Lower, 1939; Ormsby, 1971).  Such access-:to :the 'rest-of t h e  c o u n t r y would make the new p r o v i n c e more aiC_c£s_sj,Jil,e t o s e t t l e r s ; more s e t t l e r s  - 11 -  meant greater land sales;and., thereby, a greater tax revenue for the provincial treasury.  Trade and commerce between the new province  and Eastern markets would be greatly enhanced. The  socio-economic  benefits of a railway linking B.C. with the East were numerous, and have been summarized as follows:  To the nascent trading class of the white settler community, no more than 10,000 people, the Canadian Pacific Railway was a godsend. The construction of the line, which promised to stimulate a depressed economy, would create a huge demand for goods and services, raise the value of property to holders in the vicinity of the track and provide the missing trading link with the Dominion east of the Rockies (Robin, 1972:52).  The provincial government in i t s anticipation of a booming economy was reluctant to relinquish to the Joint Allotment Commission land to be set aside for reserves.  Consequently, the provincial  administrators actively hindered the activities of the Commission. William Smith, who became Premier  of B.C. in 1883, fought against the  amount of land which the Commission was setting aside for reserves. He c r i t i c a l l y remarked that  ...an almost criminal wrong had been done in withdrawing from settlement so large a tract of f e r t i l e land; a wrong particularly apparent at this time, when there is such a demand for settlers, who are entering the country in search of homes. Consequently applications are being made to me for just such lands as are locked up in these reserves by men who would invest large means in their development and make them productive of wealth to the state (quoted in Cail, 1956:376, v.2).  - 12 -  The meager amounts of l a n d a l l o t t e d as r e s e r v e s , which ranged from f i v e to t h i r t y a c r e s per f a m i l y , stood c o n t r a s t to the amount p e r m i t t e d  an i n d i v i d u a l s e t t l e r .  s e t t l e r s east of the Cascades were p e r m i t t e d of  White  to pre-empt 320  acres  land. I f the p e r i o d between 1871  and  1903  can be c h a r a c t e r i z e d as  a p e r i o d i n which the p r o v i n c i a l government balked of l a n d b e i n g may  in blatent  at the amount  s e t a s i d e f o r r e s e r v e s , the p e r i o d between 1903  and  1912  be c h a r a c t e r i z e d as a time i n which the p r o v i n c i a l government  a g i t a t e d f o r r e c o g n i t i o n of i t s c l a i m s to r e v e r s i o n a r y r i g h t s and the r e d u c t i o n i n the s i z e of The man  who  R i c h a r d McBride.  reserves.  was i n s t r u m e n t a l  to r e v e r s i o n a r y r i g h t s and  for  i n pursuing  the p r o v i n c e ' s  f o r r e d u c t i o n i n s i z e of r e s e r v e s  R i c h a r d McBride became premier of B.C.  a c r u c i a l t u r n i n g p o i n t i n the p r o v i n c e ' s h i s t o r y .  claim  was  i n 1903  at  There were p l a n s  f o r the c o n s t r u c t i o n of t r a n s c o n t i n e n t a l r a i l w a y s at a time when the p r o v i n c e was As we and  will  beginning  l a t e r see,  to e x p e r i e n c e  a phenomenal p o p u l a t i o n  these changes c r e a t e d a p o w e r f u l demand f o r l a n d  f o r the r e d u c t i o n i n the s i z e of r e s e r v e s .  These changes were to  l e a d to R i c h a r d McBride becoming the premier of B.C. him  increase.  and  to i n f l u e n c e  to a g i t a t e f o r the r e d u c t i o n i n the s i z e of r e s e r v e s which, i n t u r n  l e d to the f o r m a t i o n  . . The  of the McKenna-McBride Commission i n  1912.  p o p u l a t i o n i n c r e a s e of 213,823 i n the decade 1901  f a r exceeded the p o p u l a t i o n i n c r e a s e over the p r e v i o u s  to  t h r e e decades  1911  - 13 -  1871 to 1901, which was only 142,410 (Census Canada, 1931:354, v . l ) . The population increase between 1891 and 1901 was 87 per cent, while from 1901 to 1911 i t amounted to 119 per cent (Canada Year Book, 1960:175). Such increases were due, on the one hand, to the Canadian government's :n;eje-d for settlers and, on the other hand, the European powers willingness to export their surplus population which was in turn brought about by the industrial revolution and the mechanization of production. capital.  Mass migrations to North America benefited both labour and  A historian in his detailed study of immigration wrote:  At the time of the great famine in Ireland, and during the various agricultural depressions in England, i t cannot be gainsaid that by sending the sufferers to North America many were spared from disease and death. It i s not, however, during such troublous times alone that emigration rendered assistance. Every year i t redeems thousands of men who for want of sufficient work in the Mother Country are gradually sinking deeper into poverty. By remaining at home they become demoralised and their chances slowly slip away from them, their ultimate fate being the work-house (Johnson, 1966:324-25).  Cecil Rhodes, a king of finance in 1895 observed and advocated the export of Europe's surplus population for the following reasons:  - 14  -  I was i n the E a s t End of London y e s t e r d a y and attended a meeting of the unemployed. I l i s t e n e d to the w i l d speeches, which were j u s t a c r y f o r 'bread', 'bread', 'bread', and on my way home I pondered over the scene and I became more than convinced of the importance of i m p e r i a l i s m ...My c h e r i s h e d i d e a i s a s o l u t i o n f o r the s o c i a l problem, i . e . , i n order to save the 40,000,000 i n h a b i t a n t s of the U n i t e d Kingdom from a bloody c i v i l war, we c o l o n i a l statesmen m u s t . a c q u i r e new lands to s e t t l e the s u r p l u s p o p u l a t i o n , to p r o v i d e markets f o r the goods produced by them i n the f a c t o r i e s and mines. The Empire, as I have always s a i d , i s a bread and b u t t e r question. I f you want to a v o i d c i v i l war, you must become i m p e r i a l i s t s (quoted i n L e n i n , 1916-17:151, v . 1 9 ) .  What was  t r u e f o r the U n i t e d Kingdom was  European c o u n t r i e s .  true f o r other  Such were the immigrants t h a t came to  a t t r a c t i o n of B.C.  was  British  Columbia.  The  the p o t e n t i a l of f i n d i n g new  and  jobs.  The j o b s would come from the c o n s t r u c t i o n of the Grand Trunk  and  Canadian P a c i f i c N o r t h e r n R a i l w a y s ; these two  amalgamated to form the Canadian N a t i o n a l Railway. simultaneously Jasper  c o n s t r u c t e d between 1908  to P r i n c e George and  the l a t t e r from Jasper F r a s e r Canyon. of new  The  and  1916.  railways  homes  later  Both r a i l w a y s were The  former, from  on to what has become known as P r i n c e Rupert;  to Kamloops and  on to Vancouver through  the  c o n s t r u c t i o n of these l i n e s l e a d to t h e opening  and v a s t areas  to farming,  r a n c h i n g , mining and  up  logging.  I n the n e g o t i a t i o n s f o r the terms on which the Grand Trunk P a c i f i c Railway was  to be c o n s t r u c t e d , McBride became d i s a f f e c t e d  Premier Dunsmuir f o r whom he was  s e r v i n g as the M i n i s t e r of Mines.  with As a  - 15  -  consequence of his disaffection, he quit the Dunsmuir Ministry and joined the opposition. He was displeased with a B i l l which, had i t been passed, would have given to MacKenzie and Mann the railway contractors $4,000 cash subsidy and 20,000 acres of crown (Indian) land per mile, to build the Grand Trunk Pacific. McBride actively opposed Dunsmuir's proposed railway scheme in the f a l l election of 1903  (Stevens, 1961:87-88, v.2) on the grounds  that:  If the proposed scheme had come into effect, , i t would have involved the whole northern portion of British Columbia being "handed over to MacKenzie and Mann-timber, water and coal" (Robin, 1972:89).  The rest of his campaign platform consisted of the Exclusion of Orientals to protect the white workers and to win their support. He a l revived the demand for Better Terms of B.C. from the federal government which appealed to the provincialist sentiment of the general voting population (C.A.R., 1903:218-19). The point which McBride was putting across to the voters, in respect to the issue of Better Terms, was that the provincial Treasury was paying more into federal Treasury than i t was receiving in provincial subsidies.  The agitations for Better Terms  was later to include the demand for the recognition of the province's claims to reversionary rights.  McBride's platform won him the votes  necessary to become Premier - a position which he held for 12 succeeding years.  - 16  A l t h o u g h McBride had was  -  opposed Dunsmuir's r a i l w a y scheme, he  not a g a i n s t the i d e a of c o n s t r u c t i n g r a i l w a y s .  I f the N o r t h e r n  C e n t r a l r e g i o n s of the p r o v i n c e were to be opened up, which was  the o n l y l i n k between Vancouver and  augmented. Nor  McBride was  the  'Cariboo  the C a r i b o o had  and Trail'  to be  simply opposed to the t i m i n g of the scheme.  c o u l d he have been a b l e to stop the Prime M i n i s t e r of Canada, S i r  W i l f r e d L a u r i e r , from a c h i e v i n g h i s p l a n s of c o n s t r u c t i n g an ' a l l Canadian Railway'. Parliament  L a u r i e r was  b u i l d i n g a powerful  case f o r i t i n  (C.A.R., 1903:31-54). The  t i m i n g of Dunsmuir's scheme had appeared to be  conceived  more i n haste than w i t h any  c o n s i d e r a t i o n of the p r o v i n c i a l debt.  new  warned by the p r o v i n c e ' s agent g e n e r a l i n  Premier  was  immediately  London t h a t B r i t i s h Columbia's c r e d i t (Smith, one  1959:36).  'on the London market was  When R i c h a r d McBride became Premier,  The  very  low'  i n the words of  historian  a tremendous c h a l l e n g e f a c e d the f i r s t C o n s e r v a t i v e m i n i s t r y : the p r o v i n c e was c l o s e t o bankruptcy. The p u b l i c debt stood a t over $12,000,00.0; f i n a n c i a l guarantees to r a i l w a y s amounted to more t h a t $1,000,000; and the c r e d i t of the government exhausted. B e f o r e Tatlow c o u l d o b t a i n a bank l o a n he was r e q u i r e d to promise t h a t a l l work on highways and o t h e r p r o j e c t s would be suspended a t once (Ormsby, 1971:337).  McBride, i n an attempt to remedy the problem, developed  an  economic program which i n v o l v e d the m i n i m i z a t i o n of p u b l i c e x p e n d i t u r e , on the one hand, and a m a x i m i z a t i o n  of revenues,  on the o t h e r .  He  - 17 -  accomplished the timber  t h i s by opening up  l i c e n s e system.  Consequently,  l a n d s were a l i e n a t e d from 1903 p o l i c y was 1901  'crown' timber l a n d s and by  to 1908.  80 per cent of Crown timber The r e s u l t of the new  forestry  an i n c r e a s e from 7 per cent of the p r o v i n c i a l revenue i n  to 41 per cent i n 1908  (Robin, 1972:92-93).  i n d u s t r i e s were a l s o e x p e r i e n c i n g a boom. economy was  due  The mining and  to the r e c o v e r y of Europe and N o r t h America  for their capital.  McBride's  i n v i t a t i o n f o r c a p i t a l investment h i s t o r i a n summarizes as  fishing  The g e n e r a l upswing i n the  r e c e s s i o n , a c o n d i t i o n which l e a d c a p i t a l i s t s to seek new investment  liberalizing  from a  areas of  economic program was  (Ormsby, 1971:356-61), which  an one  follows:  The mining i n d u s t r y r e c o v e r e d from a r e c e s s i o n , w i t h p r o d u c t i o n i n 1906 a p p r o x i m a t e l y $26,000,000 or 18% over 1904, B r i t i s h Columbia l e d a l l p r o v i n c e s i n 1905 i n the v a l u e of i t s f i s h e r i e s f o r the f i r s t time i n h i s t o r y . The timber i n d u s t r y , a i d e d by the government's a l i e n a t i o n p o l i c y , mushroomed o v e r n i g h t as a r i v a l to mining, w h i l e the Okanagan was peopled w i t h a p r o s p e r i n g c l a s s of C o n s e r v a t i v e o r c h a r d i s t s . In 1901 a mere 7,000 a c r e s were devoted t o  orchards; seven years  later- over 100,000  were s e t a s i d e f o r f r u i t  from lands  and-forests  1901 to 1906, 1972:99).  The  growing  quintupled  i n d u s t r y was  run of salmon, the i n t r o d u c t i o n of new  fish  fish  revenue  between  ( i t a l i c s added; Robin,  success i n the f i s h i n g  the use o f massive  acres  due  t r a p s - n o t t o be confused w i t h the  areas to commercial  prodigeous  f i s h i n g r e g u l a t i o n which, p e r m i t t e d  t r a p s used by I n d i a n people, and purse s e i n e s .  opened up new  to a  fishermen.  traditional  The government  also  - 18 -  In .contrastIndian food fishermen were being limited to -the use of dip-nets, small .gill nets and spears; therefore, i t is important to contrast these techniques with commercial fish traps. The commercial traps caught indiscriminate amounts of salmon. Salmon which could not be used was left to rot. One witness, reporting on the use of massive fish traps, commented that once a l l the barges had been f i l l e d and the day was coming to an end fish traps had to be emptied of the excess salmon.  The observer recorded:  ...they wanted to...empty the pot of...fish ..., and they were anxious to do this without cutting out the pot and necessitating a l l the labour and delay of replacing i t . The steam-winch hauled, and the men hauled, and they tied the web together to hold every l i t t l e advantage they made. At last the men seemed discouraged and wanted to give i t up, but the young captain urged them to try again, pointing out that the tug at the next trap was s t i l l working on her pot. There were thousands of dead fish in the trap and their weight was immense. But they worked and worked, t i l l at last they succeeded in getting the centre raised above the edge, and the fish began to slide out, t i l l 2,500 dead fish had been cast adrift with thirteen more traps to be emptied. The canneries could not begin to use them. What a fearful waste of good food.' No one seemed to think anything of i t . They were 'only' salmon (Herring, 1903:278).  While on one side of the coin, McBride's economic program was giving European settlers and capitalists greater access to the resources of the province, Native people were being restricted from use of resources  - 19 -  which they knew were rightfully theirs.  Fishing regulations in force  in 1903 stipulated under section six (6) that Native people could only use dip-nets and spears, in non-salt water lakes and rivers, with the permission of the inspector of Fisheries. However, bona fide (European) settlers and farmers could purchase a "domestic license", under section twenty-two (22), for a fee of $1.00  to fish for home consumption.  The regulations stipulated that  they were permitted to use a net with commercial size mesh not in excess of "three hundred yards in length" in any waters in B.C.  (Yearbook of  B.C.,  1903:253-5). As McBride pursued his economic program of economic growth and expansion increasing restrictions were placed on Native people. As a result of McBride's economic program, the Minister of Finance was able to announce a surplus revenue of $7,000,000 just prior to the 1907 election. While the Premier was building up the provincial treasury, he had been carrying out quiet discussions and negotiations on the terms for railway construction, and a noisy campaign for 'better terms' for the province which included federal recognition for provincial claims to reversionary rights (S.P. of B.C.,  1903:K1; 1903-04:G15-23; 1905:Dl;  1907:D1-41; C.A.R., 1903:218-19; 1906:483). His campaign for better terms netted B.C. an additional $100,000 per year for ten years in provincial subsidies from the federal government (Ormsby, 1958:349). However, he was not successful in obtaining recognition for provincial claims to reversionary rights until, as we w i l l later see, he made i t into a public issue by making i t an aspect of terms on which the Grand Trunk Pacific was to be constructed in B.C.  - 20 -  McBride was pressing the Laurier government "to have the Western section of the Dominion guaranteed Grand Trunk Railway built eastward from the coast, besides westward from Winnipeg. If this idea were adopted the province would enjoy construction and labour benefits immediately" (Smith, 1959:57).  From the provincial government's point  of view, this was not the only benefit which the province was to 'enjoy' with railway construction being carried out in B.C.  When railway  construction began and as i t expanded, the population dramatically increased and the alienation of land intensified.  Pre-emptions increased  from 213,062 acres between 1900 and 1905 to 545,458 acres between 1906 and 1913; while 172,332 acres of land were purchased between 1900 and 1905, this increased to 3,342,290 acres between 1906 and 1917. 1900 and 1913, 1956:456, 458). by 1913  eight million acres of land were crown granted  Between (Cail,  Also, railway companies had obtained 18,694,334 acres  (Cail, 1956:428). These benefits, which the province was to enjoy, did not come  easy.  Stevens (1962) in his historical study of railway developments in  Canada wrote that negotiations in British Columbia were long and difficult.  Indecisive negotiations between the province (of B.C.) and the railway continued for three years, punctuated by threats, bluffs, bribes and backstairs deals. By 1908 the Grand Trunk Pacific, in the words of a local editor, had been "whittled down to size" (Stevens, 1962:186).  - 21 -  The tables of negotiations turned in the Province's favor with the Company's desire to purchase a portion of the Tsimpsean reserve for i t s Western terminus.  Ormsby pointed out that McBride  in. . .  seeing a chance to drive a bargain which would assure the commencement of construction on the Pacific seaboard, he had decided to make use of the Company's desire to obtain Kaien Island, about twenty miles south of Port Simpson, as i t s terminus (Ormsby, 1958: 354) .  Since Kaien Island formed a portion of a reserve, McBride saw the opportunity to press his claim to reversionary interests in reserve land. The opportunity arose when the federal government requested the provincial government to waive i t s reversionary rights to portions of the Tsimpsean reserve.  The intentions of the federal government were simply to  transfer the t i t l e of the reserve lands over to Grand Trunk Pacific. The province refused to accept the request of the federal government. Cail summed up the Province's case:  On April 2, 1906, a Dominion Order in Council asked the province to waive i t s reversionary interest. The request was promptly refused. The province based i t s refusal on the Dominion Order in Council of November 10, 1875, which had stated that "any land taken off a Reserve shall revert to the Province". British Columbia had acceded to the Order by Minute in Council of January 8, 1876. The two together had become known as the 1875-76 Agreement. The province took strong objection to the assumption by the Dominion of the right to surrender portions of the Tsimpsean reserve. This the Dominion had done on September 21, 1906, by Order in Council, to facilitate construction of the terminus and wharf accommodation for the  - 22 -  Grand Trunk Pacific, a railway project to which the Laurier government had lent i t s support, both moral and financial. A provincial Minute in Council of March 11, 1907, pointed out that the moment the Dominion assumed to surrender part of the Indian reserve, the property then became the Crown's in the right of British Columbia (Call, 1956:400-401).  The above position was not a new one, i t had been originally developed by Premier Dunsmuir (Cail, 1956:403). The provincial government's refusal to waive i t s claim to reversionary rights to the Tsimpsean reserve, involving thirteen thousand acres, created an impasse from which British Columbia sought a judiciary decision. This step by the provincial government was page one news in The Province:  The question of reversionary rights in Indian Reserves in British Columbia a matter involving the ownership as between the province and the Federal government of hundreds of thousands of acres of some of the most valuable land west of the Rocky Mountains - is to be brought before the f u l l court of British Columbia at its next setting in Vancouver this f a l l . The papers in the case were filed in the office of the Registrar of the Supreme Court in Vancouver today...(Province, August 12, 1908:1; also see Victoria Colonist, February 28, 1907:8).  The outcome did not settle the issue of reversionary rights. It merely accommodated both sides on the issue of reversionary rights surrounding the construction of the railway.  It was reported that the  provincial government netted over $2,000,000 from the sale of a fraction  - 23 -  of the lands upon which Prince Rupert now sits - lands which were formerly Tsimpsean (C.A.R., 1909:597). The Province, continuing in its reportage, pointed out that the dispute over the Tsimpsean reserve focused attention on the issue of reversionary rights:  For many years questions respecting the reversionary (rights) in Indian lands i n British Columbia, as claimed by the province, have been continually arising but not until the Dominion Government undertook to s e l l to the Grand Trunk Pacific Railway some thirteen thousand acres of Indian lands...in the neighbourhood of where Prince Rupert now stands, did the subject become of such paramount importance as to require settlement finally and for a l l times (Province, August 12, 1908:1).  The dispute spawned many newspaper articles condemning the federal government while supporting the provincial position.  The articles  demanded that the rights which the province claimed, be recognized by the federal government; they also demanded that the size of the reserves should be reduced.  This was, undoubtedly, fueled by McBride's admonition  to the public 'to get i n ' on the speculation of the rising real estate prices adjoining the projected railway lines (Robin, 1972:113). One example of the newspaper reaction is found in the Colonist on February 23, 1907 demanding re-examination of lands contained within reserves:  - 24  -  By the census of 1881, the I n d i a n p o p u l a t i o n of the P r o v i n c e was 25,661, the I n d i a n r e s e r v e s c o v e r i n g a l i t t l e more than 400,000 a c r e s . In 1901 the I n d i a n p o p u l a t i o n had decreased to 24,523, w h i l e the r e s e r v e s covered 525,846 acres. Thus w h i l e i t i s c e r t a i n t h a t the I n d i a n p o p u l a t i o n has grown s m a l l e r . . . , the area of I n d i a n r e s e r v e s has shown a l a r g e accession. Today t h e r e i s a r e s e r v e p l a c e d over 107 a c r e s of the b e s t l a n d i n the p r o v i n c e f o r each f a m i l y of f i v e I n d i a n s . A c c o r d i n g to what was agreed upon as a f a i r p r o p o r t i o n , each f a m i l y has f i v e times too much ( C o l o n i s t , February .23, 1907:12).  The P r o v i n c e c a r r i e d an a r t i c l e on page one by Chas F., Law titled,  'Indian Lands Are Almost D e s e r t e d ,  Great F a r c e Had  Grown i n  Manner which Dominion Reserves Large T r a c t s ' .  The  a r t i c l e vehemently  argued t h a t I n d i a n s h e l d f a r too much l a n d and  the f e d e r a l government  i n p r o p o s i n g to c o n t e s t p r o v i n c i a l r e v e r s i o n a r y r i g h t s was i n j u s t i c e . The  doing a  grave  exact wording of the a r t i c l e went as f o l l o w s :  I f the Dominion proposes to c o n t e s t the r e v e r s i o n a r y r i g h t s of the p r o v i n c e to those lands a f t e r they cease to be used f o r the purpose f o r which they were s e t a s i d e , then one of the g r e a t e s t i n j u s t i c e s w i l l be worked.... I t i s w e l l known t h a t these lands a r e the c h o i s e s t i n B r i t i s h Columbia...(The P r o v i n c e , January 30, 1907:1).  Twelve months l a t e r the P r o v i n c e c a r r i e d another Open I n d i a n Lands'.  The  t h r u s t of t h i s was  i d l e i n the Okanagan V a l l e y and them up f o r s a l e to s e t t l e r s who February  12,  article titled  'Throw  t h a t I n d i a n lands were l y i n g  s h o u l d be put t o good use by would g l a d l y develop  1908:8; see a l s o , the C o l o n i s t , May  9,  opening  them (The  1909:7).  Province,  - 25 -  While newspapers c a r r i e d on t h e i r defense  and c a l l f o r  r e c o g n i t i o n of p r o v i n c i a l r e v e r s i o n a r y r i g h t s , McBride r e c e i v e d anew impetus t o h i s i n c r e a s i n g d e n u n c i a t i o n o f N a t i v e R i g h t s , i n g e n e r a l , and  f o r h i s campaign f o r r e v e r s i o n a r y r i g h t s i n p a r t i c u l a r , by a  F e d e r a l announcement. for  J u s t p r i o r t o the completion  of n e g o t i a t i o n s  r a i l w a y c o n s t r u c t i o n , t h e f e d e r a l government announced t h a t i t was  going t o open up 'excess r e s e r v e l a n d s f o r s a l e . 1  C a i l summed up t h i s  point:-  The i n c i d e n t i n v o l v i n g Grand Trunk P a c i f i c terminus c r e a t e d an i m p o s s i b l e s i t u a t i o n . This was p a r t i c u l a r l y so a f t e r the announcement by the I n d i a n Department i n 1908 t h a t t h e p o l i c y i n c o n n e c t i o n w i t h t h e s a l e of a g r i c u l t u r a l and timber l a n d s , where such lands were beyond the p o s s i b l e requirements of the I n d i a n s , would be r e l a x e d . The Department had always opposed such s a l e so long as no p a r t i c u l a r harm or i n c o n v e n i e n c e a r o s e from the I n d i a n s h o l d i n g vacant lands beyond t h e i r requirements, and so l o n g as no p r o f i t a b l e d i s p o s i t i o n of the lands was p o s s i b l e . But now, because of the l a r g e i n f l u x o f s e t t l e r s i n t o the western p r o v i n c e s , the Department f e l t some r e l a x i n g of i t s p o l i c y i n o r d e r l e s s s e t t l e m e n t be s e r i o u s l y impeded. In a d d i t i o n , s a l e o f excess I n d i a n lands would f e t c h a p r i c e s u f f i c i e n t l y h i g h t o reduce m a t e r i a l l y the c o s t s o f a d m i n i s t r a t i o n of I n d i a n A f f a i r s ( C a i l , 1956:402-03).  The mining,  c o n s t r u c t i o n o f r a i l w a y s , making new areas a c c e s s i b l e t o  lumbering,  immigrants,  r a n c h i n g , farming and the: r a p i d , i n f l u x of European  which was g i v i n g r i s e t o the p r o v i n c i a l government's demands  that r e s e r v e s be reduced,  caused  N a t i v e people  i n B.C. much  concern.  - 26 -  The basis of this concern was the total disregard of their rights involving use of the land and i t s resources, by racist legislation and the outright alienation of their land base.  Furthermore, Native  people were being driven out of the mainstream of the labour market, just as Asians were restricted in the labour market by an effective racist movement to exclude Asian immigrants (Patterson:199; Smith, 1959:92-113). In response, Native people began to organize,at f i r s t on a regional basis.  The Thompson Indians in 1908 and again in 1909 petitioned  the federal government for a hearing on their claims to  'unsurrendered  lands of the province' which was inseparable from their demands for recognition of their hunting, fishing, trapping and water rights.  In  July of 1910, the Shuswap, Okanagan and Thompsons sent the federal government a declaration outlining their rights to 'unsurrendered  lands'.  In August of 1910, those same tribes petitioned Prime Minister Laurier in Kamloops, requesting that the federal government recognize their land t i t l e claim.  Unsatisfied with the responses they were continually  receiving, chiefs of the Shuswap, Thompson, Stalo, Carrier, Chilcotin, Lillooet and Thaltans met in Spences Bridge and drew up a long l i s t of grievances and demands for recognition and settlement of their claims to sovereignty to their traditional land base.  They were incensed at the  fact that the provincial government and corporations were alienating land without any consideration of, and in direct violation of their rights (see Appendix A).  - 27 -  On the westcoast similar grievances of the Indians had compelled them to spear-head a drive to have the Indian claims adjudicated by the Judicial Committee.  In March of 1909 the Indians  on the westcoast had laid their claim before the Imperial government; in January of the next year a 'Statement of Facts and Claims' was placed in the hands of the Justice Department.  In the same year a  memorial was presented to Laurier, and delegations waited on a l l three governments.  In each case the Indians' plea was for a ruling by the  Privy Council on their aboriginal t i t l e claim (Cail, 1956:418).  In 1909,  the 'Indian Tribes of British Columbia' was formed to try and find a solution to the apparent disregard of their rights (Patterson, 1962:70). The only response Indians received from the provincial government was that Indians had no rights (Patterson, 1962:70). The p o l i t i c a l activities of the Indians against this colonial intransigence lead to the Formation of the Allied Tribes of British Columbia in 1916 (Cail, 1956:420).  This organization remained active until 1927 when the  federal government turned down this appeal and made i t an offense for Native people to s o l i c i t funds to campaign for Native land rights (Patterson, 1962:163). Due to a combination of pressures from Native movements, McBride's campaign for reversionary rights, and the Department of Indian Affairs desire to s e l l off 'excess lands', the federal government sought a solution to the vexing issues of Native and reversionary claims.  In 1910, the year  railway construction was to begin in B.C. the federal government altered  - 28 -  Clause 37A of the Indian Act to enable the government to have judicial hearing on the issues of Native rights and reversionary interests (S.J.C., Report and Evidence, 1927:11).  Subsequent to the amendment of  the Indian Act, the Chief C i v i l Law Officers of the federal and British Columbia governments were brought together to draw up a case for 'submission to the Supreme Court of Canada' (Cail, 1956:406). They drew up a case which involved ten points of concern.  The f i r s t three  points centered around the rights of Native people to land and i t s resources; the other seven points dealt with reversionary rights and the size of reserves. However, the consent of the B.C. government was necessary before the case could be brought before the Supreme Court of Canada. McBride refused to give his consent, on behalf of the provincial government, due to the inclusion of the f i r s t three points.  He maintained  "Indians had no t i t l e to public lands of British Columbia" (Cail, 1956: 406) and, also, " i t would be madness to think of conceding to the Indians " (Patterson, 1962:70). The following year the Laurier government, in i t s determination to break the deadlock, amended and strengthened the Act again so that i t would over-ride the veto power of the provincial government of B.C. Act was amended  ...with the express purpose of having a judicial decision on the case despite the refusal of British Columbia to consent to the stated case (S.J.C., Report and Evidence, 1927:11).  The  - 29 -  Meanwhile, on the provincial level, McBride was carrying out an active campaign against federal liberal representatives in support of the federal conservative party under the leadership of Borden.  The orientation of his campaign against the federal liberals  can be illustrated by the criticism of the federal liberal candidates Mr. Smith and Mr. Templeman:  Fifteen years ago, gentlemen, the fisheries of the Fraser River were in the hands of white men...now, these same fisheries are under the absolute control of the Japanese. And now they have not only invaded the sawmills but have taken up the timber industry as well, and i f nothing is done to prevent i t they w i l l seize these great Provincial industries. Mr. Smith and Mr. Templeman must soon answer to the people of this Province...for their neglect to keep this great heritage for people of our colour and for people of our own race ( C.A.R. 1908:216).  Such racist accusations were not founded on truth.  In fact,  the timber, lumber and fishing industries were falling under the control of American, British, French, Belgian, German and Canadian monopoly capitalists.  The total American investment in mills and timber lands  in B.C., by 1910, amounted to $65,000,000; MacKenzie and Mann, the Canadian railway barons, in conjunction with Swift Meat Packers of Chicago formed a company with investment capital of $20,000,000 with which they purchased 75,000 acres of timber; subsequently, they formed the Canadian Western Lumber Company which was the largest company of i t s kind in the world.  A.D. McRae of Winnipeg, a financial associate of  the Western Lumber Company,  - 30 -  By 1911,...was ready to enter the salmon canning industry; organizing a syndicate with a capitalization of $1,500,000, he purchased canneries on Princess Royal Island and at Rivers Inlet and Smith's Inlet (Ormsby, 1958:357).  German capital investments in coal and real estate amounted to $5,000,000;  the French invested one and a half million dollars in real  estate; the Belgians purchased nine hundred and f i f t y thousand dollars of fruit land in the Okanagan in 1911 (Ormsby, 1958:357). Although the charges, as illustrated above, against the Japanese were not founded on facts, such charges helped in the federal conservative victory in B.C.  In 1911, the Laurier government was defeated  at the polls by the federal conservative party led by Borden.  Consequently  Laurier was never able to act on the newly amended legislation which had the power to over-ride the veto of the provincial government of B.C. Due to the defeat of Laurier, the Department of Justice was not informed of the amendment to the Indian Act until April 18, 1912 (S.J.C., Report and Evidence, 1927:11). Attention to the amended Act was brought by the Native delegates who visited Borden in his f i r s t days in Office and, then by a Memorandum to Borden from the government of B.C. on February 12, 1912. The Native delegates were particularly concerned about reports that the provincial government had claimed a l l the reserves and assumed the authority to alienate the land leaving the Indians landless. response to the Indians' queries were:  Borden's  - 31 -  "Oh, i s that your trouble? Now listen, I am going to t e l l you something. I only came in here yesterday. You see the snow how i t is falling heavily. That is just the way a l l the troubles are pouring in to me at the present time. You must a l l go back. I w i l l look into this later on, then I shall t e l l you a l l about i t " (R.C.E., Kamloops Agency, Cook's Ferry Tribe, p.119).  This additional link in a long chain of unsatisfactory answers undoubtedly weighed heavily on the Indian delegates especially as they had to return to their people without any answers. McBride submitted the Memorandum of the Provincial government by hand to the Lieutenant-Governor,  Thompson W. Patterson.  An aspect of  the Memorandum focused on the issue of reversionary rights; furthermore, the memo linked the issue of reversionary rights with the necessity from the provincial point of view to readjust the size of reserves. The section of the Memorandum dealing with reserves read:  The t i t l e of the Crown in right of the Province to Indian reserve lands in British Columbia was never questioned until within the past few years, when certain objections were raised thereto by the Department of Justice at Ottawa. We s t i l l maintain that the reversionary interests i n a l l Indian reserves i s the property of the Province, and that i t is essential in the public interest that the attitude of the Province be maintained. It may be well, in this connection, to refer to the large excess acreage held on account of Indian reserves in British Columbia, and to the necessity in view of the rapid increase in white population, of having an immediate readjustment of a l l reserves, so that the excess acreage may be released to the Province (S.P.of B.C., 1912:N2).  - 32 -  McBride was Borden.  He  hoping to o b t a i n a sympathetic h e a r i n g  hoped t h a t Borden would see and  a c t from the  from  province's  p o i n t of view as opposed to t a k i n g a f e d e r a l i s t p o s i t i o n as had L a u r i e r had  intended  to seek a j u d i c i a l d e c i s i o n even i f i t meant  o v e r - r i d i n g the o b j e c t i o n s of B.C. i n obtaining a hearing  underlying  and  Dr.  I f L a u r i e r had  been a b l e to proceed  i n the Supreme Court of Canada, B.C.  chance of l o s i n g , not to N a t i v e The  Laurier.  c l a i m s , but  to the Claims of the A l l i e d  a  to f e d e r a l i n t e r e s t s . .  f e a r s of the P r o v i n c e were p o i n t e d  S c o t t at the h e a r i n g  stood  out by Hon.  Mr.  of the S p e c i a l J o i n t Committee i n  Stevens  regards  T r i b e s ; the former s t a t e d  "We come back to the p o s i t i o n as p o i n t e d out... by Senator B e l c o u r t t h a t any c l a i m s which we might now r e c o g n i z e would be a g a i n s t the p r o v i n c e , and not a g a i n s t the Dominion." The l a t t e r - Dr. S c o t t i n t e r j e c t e d : "That i s c l e a r , because the p r o v i n c e has the l a n d s . " (S.J.C., Report and E v i d e n c e , 1927:21,56).  The  p r o v i n c i a l government of B.C.  c o n t r o l i t a s s e r t e d over l a n d in- B.C. as  its  s e c u r i t y (C.A.R., 1 9 0 9 :  because i t c o n s i d e r e d  596).  e s p e c i a l l y under L a u r i e r , supported N a t i v e c o n t r o l over c e r t a i n p o r t i o n s of British  Columbia and  However, w i t h  j e a l o u s l y guarded the  The  Federal  the  land  government,  people because i t stood  to  ' p r o v i n c i a l crown l a n d s ' coveted  gain  by  to c o n s o l i d a t e f e d e r a l i s t a u t h o r i t y i n the Dominion.  the v i c t o r y of Borden over L a u r i e r , McBride r e c e i v e d a  more c o n c i a l i a t o r y a t t i t u d e from Ottawa; subsequently  - 33 -  ...direct negotiation with British Columbia was resumed in an effort to settle a l l three of the troublesome questions concerning Indian lands (Cail, 1956:407, v.2).  The federal government, for a l l intents and purposes, side stepped the issue of Native rights and took a conciliatory- position in i t s negotiations with the province of B.C., while taking a hard line on Native rights in i t s negotiations with Native people (S.J.C., Report and Evidence,  1927: v i i i ) .  On May 24, 1972, the federal government, by Order in Council, appointed Dr. James A. J. McKenna as a Commissioner  ...to investigate claims put forth by and on the behalf of the Indians of British Columbia, as to lands and rights, and a l l questions at issue between the Dominion and Provincial governments and the Indians in respect thereto, and to represent the government of Canada in negotiating with the government of British Columbia a settlement of such questions (S.J.C. , Report and Evidence, 1927:8).  The f i r s t intention of the federal government was to deal with a l l the controversial questions revolving around Native rights and Native lands.  However, after McKenna presented a memorandum to Premier McBride  on the issues to be taken into consideration, McBride refused to have anything to do with the Commission.  Dr. McKenna summed up his  negotiations with the Premier of B.C. on July 29, 1912, as follows:  - 34  -  A d v e r t i n g to our c o n v e r s a t i o n s l e t me say t h a t the c l a i m s made on b e h a l f of the I n d i a n s a r e : - (1) t h a t the v a r i o u s n a t i o n s or t r i b e s have a b o r i g i n a l t i t l e to c e r t a i n t e r r i t o r i e s w i t h i n the p r o v i n c e , which, to p e r f e c t the Crown t i t l e i n the r i g h t of the p r o v i n c e , s h o u l d be e x t i n g u i s h e d by t r e a t y p r o v i d i n g f o r compensation f o r such extinguishment. As to the f i r s t c l a i m , I understand t h a t you w i l l not d e v i a t e from the p o s i t i o n which you have so c l e a r l y taken and f r e q u e n t l y d e f i n e d , i . e . , t h a t the p r o v i n c e ' s t i t l e i s unburdened by any I n d i a n t i t l e , and t h a t your government w i l l not be a p a r t y , d i r e c t l y o r i n d i r e c t l y , to a r e f e r e n c e to the Courts of the c l a i m set up. You take i t t h a t the p u b l i c i n t e r e s t , which must be regarded as paramount, would be i n j u r i o u s l y a f f e c t e d by such r e f e r e n c e i n that i t would throw doubt upon the v a l i d i t y of t i t l e s t o l a n d i n the p r o v i n c e . As s t a t e d at our c o n v e r s a t i o n s , I agree w i t h you as t o the s e r i o u s n e s s of now r a i s i n g the q u e s t i o n , and, as the present n e g o t i a t i o n s go, i t i s dropped (S.J.C., Report and E v i d e n c e , 1927:8-9).  Rather than o v e r - r i d e the p o s i t i o n of the p r o v i n c e by the a u t h o r i t y v e s t e d  invoking  i n the I n d i a n Act by L a u r i e r , the Borden government  sought a c o n c i a l i a t o r y s o l u t i o n .  Therefore,  the f e d e r a l n e g o t i a t o r  McKenna  . . . c o n c e n t r a t e d h i s e f f o r t s to s e c u r i n g f o r the I n d i a n s of B r i t i s h Columbia lands by the same t i t l e as t h a t under which lands a r e h e l d by the Dominion f o r Indians i n o t h e r p a r t s of Canada (S.J.C., Report and Evidence, 1927:9).  -  - 35 -  The outcome of the negotiations between McKenna and McBride was an agreement for establishment of a five-men commission, the o f f i c i a l t i t l e being The Royal Commission on Indian Affairs for British Columbia, which I w i l l hereafter simply refer to as the Commission.  The professed purpose of the Commission was...  to adjust the acreage of Indian Reserves in British Columbia, and to set apart new lands for reserves. The reserves finally fixed by the Commissioners were to be conveyed to the Dominion free of any provincial reversionary interests therein (S.J.C., Report and Evidence, 1929:9).  The newly appointed commission began its investigations on March 31, and disbanded on June 30, 1916.  -  36  -  CHAPTER III POWERS AND STRUCTURE OF THE COMMISSION  1.  The Memorandum of Agreement  The basic principles which the two levels of government agreed should be the parameters of the activities of the Commission, were spelled out in the Memorandum of Agreement.  Signed on September  24, 1912, this was composed of eight sections or articles preceeded by an introductory paragraph outlining the Commission's objectives. This is the Memorandum of Agreement in f u l l .  Whereas i t i s desirable to settle a l l differences between the Governments of the Dominion and the Province respecting Indian lands and Indian Affairs generally in the Province..., therefore the parties above named, have, subject to the approval of the Governments of the Dominion and of the Province, agreed upon the following proposals as a final adjustment of a l l matters relating to Indian Affairs in the Province of British Columbia:1. A Commission shall be appointed as follows: Two Commissioners shall be named by the Dominion and two by the Province. The four Commissioners ...shall select a f i f t h . . . , who shall be the Chairman of the Board. 2. The Commission so appointed shall have power to adjust the acreage of Indian Reserves in British Columbia in the following manner: (a) at such places as the Commissioners are satisfied that more land i s included in any particular Reserve as now defined than i s reasonably required for the use of the Indians the Reserve shall, with the consent of the Indians s required by the Indian Act, be reduced to such acreage as the commissioners think reasonably sufficient for the purpose of such Indians. t a  -  37  -  (b) At any p l a c e at which the Commissioners s h a l l determine t h a t an i n s u f f i c i e n t q u a n t i t y of l a n d has been set a s i d e f o r the use of the I n d i a n s the Commissioners s h a l l f i x the q u a n t i t y t h a t ought to be added f o r the use of such I n d i a n s . And they may set a s i d e l a n d f o r any Band of I n d i a n s f o r whom l a n d has not a l r e a d y been r e s e r v e d . 3. The P r o v i n c e s h a l l take a l l such s t e p s as a r e n e c e s s a r y to l e g a l l y r e s e r v e the a d d i t i o n a l lands which the Commissioners s h a l l a p p o r t i o n to any body of I n d i a n s i n pursuance of the powers set o u t . 4. The lands which the Commissioners s h a l l determine are not n e c e s s a r y f o r the use of the Indians s h a l l be s u b d i v i d e d and s o l d by the P r o v i n c e at p u b l i c a u c t i o n . 5. The net proceeds of a l l such s a l e s s h a l l be d i v i d e d e q u a l l y between the P r o v i n c e and the Dominion, and a l l moneys r e c e i v e d by the Dominion under t h i s c l a u s e s h a l l be h e l d o r used by the -Dominion f o r the b e n e f i t of the I n d i a n s of B r i t i s h Columbia. 6. A l l expenses i n c o n n e c t i o n w i t h the Commission s h a l l be shared by the P r o v i n c e and Dominion i n equal p r o p o r t i o n s . 7. The lands comprised i n the Reserves as f i n a l l y f i x e d . . . s h a l l be conveyed by the P r o v i n c e to the Dominion w i t h f u l l p o w e r . . . t o d e a l w i t h the s a i d l a n d s i n such manner as they may deem b e s t s u i t e d f o r the purposes of the I n d i a n s , i n c l u d i n g the r i g h t to s e l l such lands and fund or use the proceeds f o r the b e n e f i t of the I n d i a n s , subject only to a condition that in the event of' any Indian tribe or band becoming:extinct, then, any lands, within-the territorial'..boundaries of the •province which have been conveyed to the dominion as aforesaid for such tribe or band, and not sold or: disposed of as- hereinbefore '. mentioned, or any proceeds of any Indian reserve in the province..., shall be conveyed or repaid to the province. 8. U n t i l the f i n a l r e p o r t o f the Commission i s made, the P r o v i n c e s h a l l w i t h h o l d from p r e - e m p t i o n or s a l e any lands over which they have a d i s p o s i n g power.and which have been h e r e t o f o r e a p p l i e d f o r  - 38 -  by the Dominion as additional Indian Reserves or which may during the sitting of the Commission, be specified by the Commissioners as lands which should be reserved for Indians. If during the period prior to the Commissioners making their final report i t shall be ascertained by either Government that any lands being a part of an Indian Reserve are required for right-of-way or other railway purposes or for any Dominion or Provincial or Municipal Public Work or purpose, the matter shall be referred to the Commissioners who shall thereupon dispose of the question by an Interim Report, and 'each government .shall thereupon do everything necessary to carry out the recommendations of the commissioners into effect (R.C.R., 1916:10-11, v . l ; i t a l i c s added). 3  The Memorandum in i t s introductory paragraph claims i t s intent is to settle ' a l l differences between the two levels of Government respecting Indian lands and Indian affairs'. misleading.  This i s  There were no provisions in the Memorandum to deal with  such matters as Native land t i t l e , water, hunting, foreshore, salt and fresh water fishing rights.  The federal government, seeing the  seriousness of raising the issue of Native rights, dropped i t and in so doing sided with the provincial government which maintained "that the public interest, which must be regarded as paramount would be injuriously affected by such reference in that i t would throw doubt upon the validity of titles to land in the province". (S.J.C., Report and Evidence, 1927:8-9). The Commission had but shortly begun i t s investigation and was inundated by Native leaders agitating against the Commission's position on the rights of Native people.  Consequently, the Commission  requested authority to deal with 'matters extraneous to the Agreement'.  -  The  -  39  Commissioners thought t h a t i f they d i d not  deal with  'matters  extraneous to the Agreement', ' s e r i o u s d i s a f f e c t i o n ' might a r i s e amongst the Indians and Commission r e c e i v e d Privy  hamper the work of the Commission.  The  the f o l l o w i n g response from a Committee of  the  Council:  The M i n i s t e r observes t h a t i t i s c l e a r t h a t the Agreement between the r e p r e s e n t a t i v e s of the P r o v i n c e of B r i t i s h Columbia and the Dominion does not contemplate an i n v e s t i g a t i o n and settlement of m a t t e r s a p p e r t a i n i n g to g e n e r a l I n d i a n p o l i c y i n B r i t i s h Columbia. It i s c o n f i n e d to m a t t e r s a f f e c t i n g I n d i a n lands which r e q u i r e adjustment between the p a r t i e s . The M i n i s t e r i s of the o p i n i o n t h a t i t would be i n a d v i s a b l e to burden the Commission w i t h the i n v e s t i g a t i o n of a l l m a t t e r s t h a t might be brought to t h e i r a t t e n t i o n by I n d i a n s , many of which would be of s l i g h t importance not a f f e c t i n g the r e l a t i o n s of the two governments ( " C o n f i d e n t i a l , Report of the R o y a l Commission on I n d i a n A f f a i r s . . . o f B r i t i s h Columbia"; p u b l i s h e d i n The Lands We L o s t by the Union of B.C. I n d i a n C h i e f s , 1974:180-81).  F i s h i n g r i g h t s of Indians on the w e s t c o a s t , as an example, were a problem o f I n d i a n A f f a i r s which should f e d e r a l government.  The  northern  i n t o the background of the  have been the concern of  Indian  forced  f i s h i n g i n d u s t r y because of the r a c i s t manner  i n which f i s h i n g r e g u l a t i o n s were b e i n g Commission to form an o p i n i o n a g a i n s t I n d i a n s on the b a s i s of t h e i r r a c e . C o n f i d e n t i a l Report  f i s h e r m e n were b e i n g  the  enforced.  T h i s even moved  the p r a c t i c e of d e a l i n g w i t h The  Commission s t a t e d i n i t s  the  - 40 -  ...the Commission i s of the opinion that in the matter of 'independent' fishing licences, applications of Northern British Columbia Indians should...be considered and dealt with upon their individual merits and not refused because of the applicant being an Indian (Union of B.C. Indian Chiefs, 1974:190).  The federal government did not view such practices as being i% against the better interests of i t s 'wards'^a clear indication that the federal government did not recognize or extend, in practice, : the aboriginal rights of Indians.  The federal government did not choose to extend  Native rights because this would have gone against the interests of the colonizers, whose interests were i t s interest.  This is indicated by the  reasoning behind the creation of the fishing regulations established in 1912. In the summer of 1912, W.A. Found, Superintendent of Fisheries for the Dominion, was dispatched to the coast, and with the present writer, Deputy Commissioner of Fisheries for the province, toured the entire northern district. A report was  adopted BY BOTH DEPARTMENTS as an inducement to  white fishermen to settle in the northern districts of the province, OFFERED SPECIAL PRIVILEGES, licences to fish for salmon independently of the canners, and advantages over and above those held by the fishermen, largely Japanese and Indians, ...(Canada and Its Provinces, "Pacific Province", v.2, part 2, pp.459-60).  There i s no doubt that provincial and  federal governments  were working fast to turn resources over to people of their own  color  and race. In fact, colonization is the negation of the sovereignty of the colonized.  - 41 -  In section two of the Memorandum, there was a provision recognizing the legislation whereby the consent of the Indian people was to be obtained before any lands could be cut off from a reserve. However, the Report of the Royal Commission was accepted by both levels of government, as we w i l l see, without following the; original requirement for Indian Consent. Section 3 and the f i r s t part of section 8 stated that the province would withhold lands from being pre-empted or sold 'which have been applied for as additional Indian Reserves'.  These provisions  in practice proved d i f f i c u l t to f u l f i l l because by 1913 a vast majority of the (prime) lands had been given to Railway companies and their subsidiaries, leased by Timber and Mining interests or purchased by real estate companies and immigrants. The last section of part seven indicates the tenacious desire of the province to hold on to remnants of i t s claim to reversionary rights and the conciliatory position of the federal government by allowing in the Agreement, which set out to extinguish provincial interests in Indian Reserves, a provision by which the provincial government could claim lands and funds of a Band which had become extinct.  2.  The Personnel of the Commission  In accord with the agreement reached between the federal and provincial governments, the Commission was composed of five members. Each government appointing two representatives; the appointees, in turn, appointed a chairman. The Dominion government appointed Dr. James A.J. McKenna from Winnipeg, Manitoba. He was described by the federal government as 'one of our Council learned in the Law' 1916:8, v . l ) .  (R.C-R.,  Aside from this, he had served the Department of  Indian Affairs as Commissioner for Treaty 8 (Fumoleau, 1975). From 1901 to 1910, he had also served as the Assistant Indian Commissioner for Manitoba, Saskatchewan and Alberta.  The other federal appointee  was Nathaniel W. White, K.C., from Shelborne, Nova Scotia.  He was the  son of a prominent lawyer. The provincial government appointed Mr. James Pearson Shaw. He was a member of the Legislative Assembly representing the Shuswap District.  In his private l i f e , he operated a substantial ranch in the  vicinity of Salmon Arm.  He was also the President of the Kamloops  Trust Company, Ltd., incorporated in 1910 under the management of Mr. Sidney C. Burton (Boam, 1912:330). Mr. Day Hort MacDowall.  The second appointee was  I could find no information as to his background.  The four Commissioners appointed an ex-Chief Magistrate from Saskatchewan - Mr. Edward Ludlow Whitemore, as their chairman. These five Commissioners were sworn in on May 19, 1913.  - 43 -  3.  Itinerary of the Commission  The manner in which the Commission contacted different Bands was never clearly outlined.  It i s d i f f i c u l t to determine how meetings  were established with each of the Bands.  In a l l probability, the meetings  were established through the Indian Agents. The problems of communication was difficult on the Northwest Coast. On a number of occasions, the Commission found itself arriving at a village only to find that the inhabitants had left for the fishing season. This may have been less of a problem in the Southern Interior of the province since most of the Indian people were 'settled' on reserves as mixed farmers. Also, in this region, the means of communication and transportations were more firmly established. Between 1913-16, the Commission in i t s travels throughout the province gathered statements from chiefs, sub-chiefs and individual Band members.  It never met with an organized body of Indian representatives,  even though a chief from the Okanagan requested such a meeting.  The  Commission viewed the Chiefs and elders with mistrust because i t felt their influence held back the progress of the younger generation and that they had been f i l l e d by outside agitators with misguided notions about Indian rights. The Commission sought statements and received numerous requests for representations from public bodies - municipal councils, boards of trade, railway companies, as well as various departments of the provincial and federal governments.  -  44  -  A l l evidence, statements, requests, and the deliberations of the Commission, were summarised and published in four volumes as Report of the Royal Commission on Indian Affairs of British Columbia. The decisions of the Commission were made and recorded either as Interim Reports, which can be found on pages 21 to 137 of the f i r s t volume, or Minutes of Decisions which are located at the end of the report for each Agency. The Minutes of Decisions dealt mainly with reductions of reserves, establishment of new reserves, or confirmations of old reserves. The Interim Reports mainly dealt with requests for right-of-ways.  These  requests were made by different levels of government and railway companies. The Commission made a total of 98 Interim Reports - 43 of these dealt with applications by various railway companies for right-of-ways through reserves.  This does not mean that only 43 reserves were traversed by  railways.  One Interim Report could and did cover one or more reserves.  In this respect the Commission served as an important mechanism by which railway companies obtained legal access through reserves.  The funds  raised by the sale of reserve land, for right-of-ways, was equally shared between the two governments.  The federal government's share, after  expenses incurred by the Commission, was to be held in trust for the Indians.  In some instances, locally affected Bands were given half of  what the federal government received.  In relation to the other Interim  Reports, eleven involved applications for road right-of-ways by both federal and provincial governmental bodies plus another application for right-of-way for a hydro line.  Another eight Interim Reports were  miscellaneous applications for such projects as a bird sanctuary, an  -  45-  e x p e r i m e n t a l farm i n the Okanagan, a beacon b u i l d i n g i n the Kootenays.  l i g h t and a customs  The remainder d e a l t w i t h such d e c i s i o n s  as r e d u c i n g the s i z e of r e s e r v e s , c o n f i r m i n g o l d r e s e r v e s and new  creating  ones. ' These were more f u l l y d e a l t w i t h i n the Minutes of D e c i s i o n s . The Kamloops Agency was  Commission completed  visited  on November 13, 1914.  i t s i n v e s t i g a t i o n s by November 13,  The  1914.  The testimony of the I n d i a n s , the I n d i a n Agents and o t h e r non-Indian p e o p l e form the E v i d e n c e of the R o y a l Commission. m i c r o - f i l m s c o n t a i n the v e r b a l statements of w i t n e s s e s . they form a v a l u a b l e source of i n f o r m a t i o n about  The  Therefore,  the s o c i a l and  economic  c o n d i t i o n s of I n d i a n p e o p l e and t h i e r r e l a t i o n s t o l o c a l s e t t l e r s , p r o v i n c i a l and f e d e r a l governments.  These  t r a n s c r i p t s have not y e t been  p u b l i s h e d and the o r i g i n a l s a r e kept i n the V i c t o r i a A r c h i v e s . they have been r e c e n t l y t r a n s c r i b e d and are now Union of B.C.  Indian Chiefs.  the  Although,  i n the L i b r a r y of the  The case study of the Bands i n the  Kamloops Agency a r e l a r g e l y based on the evidenace r e c o r d e d on m i c r o - f i l m . In essence, t h e r e was which  the raw d a t a , or t r a n s c r i p t s , of Evidence of  the R o y a l Commission Report was  a synthesis.  - 46 -  CHAPTER IV  KAMLOOPS AGENCY — A RE-EXAMINATION OF THE TRANSCRIPT AND REPORT OF THE ROYAL COMMISSION  There i s no doubt, where everything i s held in common, aspiration and thrift have no stimulus... The recognition and protection of individual property rights are the f i r s t and distinguishing principles of civilisation, and i f we f a i l to extend these benefits along with our gifts of money and land, how can we expect Indians to profit materially by them, or adopt the manners and customes of civilized l i f e to the exclusion of...barbarism? Give the Indian... a tract of land, the boundaries of which are recognized as his own... In a very short time every acre of any Reserve would be cultivated, and the pernicious custom among our Indians, would no doubt... be abandoned. J.W. Powell - 1880  1.  The Native People Identified and the Agency Demographically Located  The Native people of British Columbia have been classified (by anthropologists) on the basis of their linguistic divisions (Duff, 1964:12-15).  In the Kamloops Agency Indians come under the Ethnic  Division of Interior Salish, and speak two languages - Thompson and  - 47 -  Shuswap.  However,  j  the o n l y Thompson speaking peoples  i n the a r e a  covered by t h i s study a r e those of Cook's F e r r y i n the v i c i n i t y of Spences B r i d g e  (see Map  on page 48).  The g e n e r a l o u t p o s t s of the Kamloops Agency a r e , r o u g h l y , the towns of B a r r i e r to the N o r t h of Kamloops, Salmon Arm and Chase to the E a s t , and A s h c r o f t and Spences B r i d g e to the West, the hub being Kamloops. later,  The N i c o l a V a l l e y was added to the Kamloops Agency  t h e r e f o r e I have not i n c l u d e d i t i n t h i s a n a l y s i s .  l i m i t a t i o n s have caused me consideration.  However,  to l i m i t  Time  the number of Bands taken under  t h i s case study of Bands i n the Kamloops Agency  w i l l p r o v i d e ample e x p o s i t i o n of the s o c i a l and economic r e l a t i o n s of I n d i a n s to the s e t t l e r s o c i e t y , and the manner i n which the Commission c a r r i e d out i t s i n v e s t i g a t i o n s and made i t s d e c i s i o n s . The I n d i a n Reserves  i n Kamloops Agency, when the Commission  began i t s c o n s i d e r a t i o n s , c o n t a i n e d 166,555.94 a c r e s . visited  t h i s area and c a r r i e d out i t s i n v e s t i g a t i o n ,  A f t e r the Commission i t added, 640 a c r e s  on the grounds t h a t t h i s would be ' p r e s e n t i n g more f a v o u r a b l e o p p o r t u n i t i e s f o r u t i l i z a t i o n of the l a n d by the I n d i a n s ' . t h a t the l a n d s were n e c e s s a r y acreage,  In s h o r t , i t was b e l i e v e d  to the Band which r e c e i v e d the a d d i t i o n a l  s i n c e the 'surrounding lands a r e h e l d p r i v a t e l y or by l e a s e , and  open range cannot  be o b t a i n e d ' ( R.C.R., 1916:306, v . l ) .  On the o t h e r hand, the Commission ordered a t o t a l of 3,498.53 a c r e s c u t - o f f , which brought 163,707.41 a c r e s . land  the t o t a l acreage  i n the Agency down to  The r e d u c t i o n s were ordered on the grounds t h a t t h e  'was more s u i t a b l e f o r growing f r u i t and t r u c k farming and t h e r e f o r e  l e s s acreage c o u l d meet the n e c e s s a r y and r e a s o n a b l e requirements Indians  (R.C.R., 1916:306, v . l ) .  of the  THE KAMLOOPS AGENCY and The  Boundaries of Agencies Scale;  9.miles.to  hi i n B.C.'  1  1 inch  +  - 49 -  The Commission also noted that i t had held a total:of 18 meetings of which 13 were with Indian people.  The other meetings were  with local boards of trade and the Indian Agent.  The Commission  questioned the Indian Agent about the local conditions of each Band. He provided the Commission with such information as the nature and extent of land use of Bands, their population, whether or not a Band would like to have a school on the reserve, the amount of stock and farm equipment a Band possessed. The detailed examination which follows i s based on the published Report of the Commission, and the Transcripts of Commission Hearings. Bands.  From these we can outline the social conditions of Kamloops  I have given close attention to statements of the Indians and  tried to determine whether or not their statements on the nature and extent of  land use are supported by the data compiled by the Commissioners.  This has been synthesized and is presented in the form of tables indicating the nature and extent of land use.  Whereas the Commission  based i t s judgements on the overall per capita of acreage of ;a Band regardless of the nature of the land,  I have broken the data down and assessed  the amount and type of usable land which existed for each Band. This provides a better way of determining whether or not a Band had too much valuable land lying in idle waste.  2.  Neskainlith Band  The Commission met with the Neskainlith Band on October 24, 1913.  The interpreter was Issac Harris.  The Transcript of the Commission  - 50 -  recorded that the "Chairman briefly explained to the assembled Indians, the scope of the Commission" (R.C.E., Kamloops Agency, Victoria Archives, p.19).  Throughout the majority of the Agencies and particularly the  Kamloops Agency, the Commission did not record the actual explanation of the intent and scope of the Commission.  I can only presume that  what was stated to the Capilano Indians, at the start of the Commission's hearings, was reiterated to a l l the Bands, particularly Interior of B.C.  in the Southern  The basis, for the two levels of government in entering  into the Commission's agreement was explained as follows:  The Commissioners are here for the purpose of adjusting the Reserve and settling the quantity of land that each Reserve should have. If a Reserve for instance, contains no more land than i s reasonably necessary for the purpose of the Indians who are upon i t , that Reserve w i l l be confirmed. If a Reserve does not contain sufficient lands to be reasonably necessary for the purposes of the Indians who are upon i t , the Commission w i l l so state and set out how much more land is required, and the Government of British Columbia w i l l give out of their reserved land such additional land as may be required. If a Reserve contains more land than is reasonably required...the Commission w i l l specify that a portion of that Reserve shall be cut off, and w i l l state which portion ; shall be cut off, but that lands can only be cut off with the consent of the Indians interested. ...Any land so cut off with the consent of the Indians w i l l be subdivided and sold at public auction, and one-half of the net proceeds w i l l go to the Province..., and the other one-half w i l l go to the Government of the Dominion...to be held in trust for the Indians. You know the Government of British Columbia has been claiming what has been called reversionary interest in these Indian lands, and they claim that i t is worth money to them and that i t is a valuable asset, so that i f any land is sold today,  - 51 -  they claim to have a share in the proceeds of the sale and this has been a great inconvenience ...in the way of getting a sale brought about. Up to the present time the Indians did not get the whole of the purchase money: the (B.C.) Government claiming to have something in i t . . . The fact that the (B.C.) Government claims a right in the disposal of the purchase money or part of i t opens the door for them to come in and hold up any arrangement that the Dominion and the Indians may make—therefore i t was considered advisable to cut that out, to put an end to the claim by British Columbia to have any interest in these Reserves, and with that object this Commission's agreement was entered into and when the Commission reports upon this matter and their report i s carried out a l l the lands that remain, the t i t l e w i l l be i n the Dominion Government to hold for the Indians...so then when this comes about, i f a sale takes place, the Indians who are interested in the lands sold, the Indians w i l l get one-half i n cash and the balance w i l l be held in trust for them (U.B.C. I.C, The Lands We Lost, 1974:208-209).  It is questionable whether such an extensive explanation was given to a l l the Bands visited by the Commission.  We can only surmise that  some version of the above explanation was provided, since we are only told that 'the scope of the Commission was briefly explained to the assembled Indians'.  It i s possible that the explanation given was a l l too ' b r i e f . In any event, once the explanation of the intent and purpose  of the Commission had been given to the assembled Indians, the Commission permitted the Indian leaders and spokesmen to speak out, before sworn testimony was taken as part of the Commission's policy to 'hear the Indians out'.  - 52  U s u a l l y , the C h i e f Sub-chiefs  or Head Men  -  spoke on b e h a l f of the whole Band  spoke on b e h a l f of a p a r t i c u l a r r e s e r v e  s e c t i o n of the Band i n which he r e s i d e d . c o u l d be  sworn i n by The  were Head Men had  the Commission and  p e o p l e who  spoke out  W i l l i a m P e r r i s h and  However, any  Celesta.  or  Band member  examined under  on b e h a l f  while  oath.  of the N e s k a i n l i t h Band Apparently,  passed away j u s t p r i o r to the a r r i v a l of the  the  Chief  Commission.  W i l l i a m P e r r i s h , speaking through an i n t e r p r e t e r , c a t e g o r i c a l l y s t a t e d t h a t he d i d not want to s e l l or l o s e h i s r i g h t s on the and  a l s o he d i d not w i s h to l o s e any  land.  Furthermore, he  a d d i t i o n a l g r a z i n g l a n d on b e h a l f of the Band. requested  the Commission to i n t e r v e n e ,  a boundary d i s p u t e .  The  Indians  encroached upon Band l a n d . matter and  claimed  'nothing  requested Perrish  on the Band's b e h a l f , and  P e r r i s h was  the Commission had  Continuing,  reserve  settle  that a l o c a l white rancher t o l d t h a t i t was  to do w i t h  a departmental  it'.  A f t e r W i l l i a m P e r r i s h completed h i s statement, he was i n to g i v e evidence about the n a t u r e and He  extent  had  sworn  of N e s k a i n l i t h l a n d  t e s t i f i e d t h a t the Band r e l i e d on growing v e g e t a b l e s ,  grains  use.  and  livestock.  T h e i r s t o c k c o n s i s t e d m a i n l y of draught h o r s e s w i t h a  c a t t l e , and  t h e i r h o r s e s were used to serve t h e i r a g r i c u l t u r a l p u r s u i t s  and  t r a n s p o r t a t i o n needs. T h e i r l a n d c o n s i s t e d of a r e a s f o r e i t h e r c u l t i v a t i o n ,  hay  and  g r a i n f i e l d s and  timber stands.  the l a n d w i t h i n d i f f e r e n t r e s e r v e s one  few  or more purposes.  Depending on the c o n d i t i o n of  of a Band, a r e s e r v e c o u l d  A reserve could  grazing,  serve  for  serve as a source of timber from  - 53 -  which logs could be hewn for building homes. Another reserve could serve for either grazing stock or for growing vegetables and so on. The nature of land use consisted of a combination of private and common interests to a l l Band lands. While hay, grain and vegetable fields were private domains? the grazing areas, timber stands and wild hay fields were used in common. The witness, in response to the Commission's questions, testified that a l l their land f i t to be cultivated was growing crops such as vegetables, wheat, and oats.  The Indian Agent verified this by  pointing out that the Neskainlith Band had produced in the last year: 300 tons of hay and 500 tons of threshed oats besides what they kept for their winter feed for their draught horses and cattle (R.C.E., Kamloops Agency, p.161).  William Perrish told the Commission that the Band was  switching to hay as a marketable commodity.  This change was in response  to the decreased demand for vegetables as a cash crop and to an increase in dairy farming being carried on by local white ranchers. The Indians in this area took jobs off the reserve to supplement their income from the land. Local ranchers lamented that the cost of clearing land formerly done by Indians had gone up from $2.00 to $15.00 per acre. William Perrish and Celesta, in outlining the nature and extent the Band was trying to use land, also indicated that the Band was constantly facing difficulties in attempting to develop a viable economic base.  They told the Commission that they lacked grazing land, suffered  from a shortage of water and that their plots were too small. In  - 54 -  reviewing the data collected by the Commission, I found i t supported the Indians contention that they needed  additional grazing lands.  The maximum carrying capacity of their pasture lands was 213 head of stock. of stock.  The Band, according to the Agent, had 304 head  To graze their stock adequately, the Band would have required  5755 acres of fair pasture land (see Appendix B and Tables 1 and 2). In response to the Band's request for additional land, the Commission replied that their request was 'not entertained as not reasonably required'  (R.C.E., Kamloops Agency, 1916:333). Pasture land was an important ingredient in a Band's mixed  farming economy. A Band could have a reasonably sufficient acreage for growing vegetable s and grains but i f there was not a proportional acreage of pasture land an economic imbalance might result.  Hay and grain fields  could not be used for pasture during the growing season without damaging the crops.  If a people were compelled out of necessity to graze their  stock in their hay and grain fields during the growing season, they would not obtain enough feed to sustain their stock properly through winter. This Band was no longer able to use common land formerly held by the provincial government empted by settlers.  for pasture because i t had a l l been pre-  The settlers in occupying land surrounding reserves  had also hampered Indians access to traditional hunting and fishing grounds.  Consequently, Neskainlith spokesmen requested the Commission  to assist them in regaining passage to their hunting and fishing grounds...  a l l through the country so that we w i l l come home alright (R.C.E., Kamloops Agency, p.19).  T a b l e 1.  Animals Owned by N e s k a i n l i t h Band and Land Required f o r Pasturage.  Acreage of F a i r Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  239  4,780  Cattle  65  975  Total :-  304  5,755  Table 2.  Pasture Land Possessed by Neskainlith Band and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  2,106  42  52  94  Fair  1,860  47  62  119 Ln ON  Good  Total:-  3,966  89  114  213  - 57 -  Another problem c o n f r o n t i n g  these people was  the l i m i t e d  s i z e of the i n d i v i d u a l p l o t s t h a t a f a m i l y or i n d i v i d u a l c o u l d under p r o d u c t i o n .  William Perrish t e s t i f i e d  t h e r e were Band members who  bring  to the Commission that  d i d not have l a n d to work.  to remedy t h e i r problem, the Band d i v i d e d the  In an  attempt  land...  i n t o s m a l l p l o t s i n order to keep everybody working but not enough to make a good l i v i n g (.R.'C:.'E.', Kamloops "Agency, p. 21) . :  Difficulties was  a r i s i n g out of t h e i r s h o r t a g e of t i l l a b l e land  compounded by an i n s u f f i c i e n t  supply  of water.  The  witness  stated  t h a t they were unable to o b t a i n enough water to i r r i g a t e a l l the p l o t s . As a r e s u l t , c o m p e t i t i o n grabbing  ' i t from one The  substantiated  f o r a c c e s s to the water r e s u l t e d i n the  another'.  contention  t h a t t h e i r p l o t s of land were too s m a l l i s  by d a t a which the Commission gathered.  a r a b l e l a n d amounted to 8.9 a c r e s per  acres  per  c a p i t a , and  c a p i t a of p o t e n t i a l l y a r a b l e land  t h a t under p r o d u c t i o n  people  This  i n d i c a t e s that  t h e r e were o n l y  (see T a b l e  3).  To  2.8  bring  the Band needed land c l e a r i n g equipment, water  and  finances. The  d i f f i c u l t y of b r i n g i n g new  out by C e l e s t a . they l a c k e d they had Celesta  He  land under p r o d u c t i o n  pointed  s t a t e d t h a t a l t h o u g h they c o u l d c l e a r away brush,  the n e c e s s a r y equipment to c l e a r away the stumps.  removed the brush, they had stated:  was  Once  to wait f o r the stumps to r o t .  T a b l e 3.  Land C l a s s i f i c a t i o n o f the N e s k a i n l i t h Band.  Estimated Acreage o f C l a s s i f i e d Land  Total Acreage Surveyed  Reserves  Agent's E s t i m a t e  Agent's E s t i m a t e  Potential  of Crop Land  of P a s t u r e Land  Crop Land  No. 1  3,245  1,500  1,460 ' f a i r '  200  ' No. 2  2,456  60  2,106 'poor'  265  No. 3  1,273  400 'poor'  80  Totals:-  7,974  160 (200-250) 1,720  (4)  545  3,966  o r c h a r d s and g r a i n f i e l d s .  Timber (2) i  Land  Cut-Off Land  25 one/third 633 (5)  1,448  Unassessed  La„i  3)  70  25 495 540  1)  Crop land c o n s i s t s o f gardens, hay f i e l d s ,  H e r e a f t e r , Indians' estimates w i l l be placed i n b r a c k e t s .  2)  C u t - o f f land r e f e r s t o the l o s s of l a n d f o r v a r i o u s reasons such as r i g h t - o f - w a y s and land r e d u c t i o n s ordered by the Commission.  3)  T h i s i n c l u d e s land unaccounted f o r such as c e m e t e r i e s and v i l l a g e s i t e s or swamps.  4)  a p e r c a p i t a acreage of 8.9 a c r e s .  5)  a per c a p i t a acreage of 2.8 a c r e s .  70  oo  - 59  -  We a r e not a b l e to work the l a n d i n t o good c o n d i t i o n because we have no t o o l s to do i t with....We c l e a r e d 70 a c r e s . . . b u t we have been w a i t i n g f o r the stumps to r o t . We have not s u f f i c i e n t t o o l s to work i t (R.C.E. ,. ---Kamloops-Agency, p.26).  T h i s Band i n an e f f o r t to develop i t s l a n d had made good progress,  but  i t was  equipment, and  3.  limited  a shortage  by  l a c k of water, f i n a n c e s , l a n d c l e a r i n g  of l a n d .  Adams Lake Band  The  Commission v i s i t e d and  on October 24,  1913.  After listening  e x p l a i n to them the scope and stood up and  inspected  t h i s Band and  their  land  to Commissioner White b r i e f l y  i n t e n t of the Commission, C h i e f Tawhalst  spoke on b e h a l f of h i s  people:  I am g l a d to hear the Commission and what t h e i r d u t i e s a r e i n coming to v i s i t my r e s e r v e . I know we have been g e t t i n g on v e r y poor on t h i s l a n d , w i t h a l l hardships. I know the C h i e f ( I n d i a n Agent) who t h i n k s t h a t we should be a t another r e s e r v e . God t h i n k s I should be here, and t h i s i s the same w i t h a l l the o t h e r Indians...My land i s v e r y f a r away and v e r y deep and v e r y h i g h . T h e r e f o r e I am v e r y s o r r y that the V i c t o r i a Government has t i e d up a l l t h a t belongs to me. Ever s i n c e , I have to pay money b e f o r e I can cut timber (stumpage), and i t i s my own. My l a n d i s l o t s and the Government has c o n f i n e d me to a s m a l l spot and f i x e d my l a n d so t h a t I c o u l d d i g i n t h a t l i t t l e spot f o r a l i v i n g . The Government has taken l o t s of money t h a t belonged to me, and has y e t not helped me anything at a l l f o r machinery or any other improvements. A l l my r i v e r s t h a t a r e t r a v e l l i n g through here long d i s t a n c e , the  - 60 -  Government...has made money out o f them themselves. The r a i l r o a d has gone through my r e s e r v e , and turned out money out of i t , and has g i v e n me a c e r t a i n sum to make a d i t c h out o f i t , which i s o n l y a q u a r t e r of what I was e n t i t l e d t o . Look a t t h i s r a i l r o a d . . . (R.C.E., Kamloops Agency, p.30).  C h i e f Tawhalst's  statement  i n d i c a t e s t h a t he was not o n l y  c o n s c i o u s of t h e economic developments which were sponsored  by the  p r o v i n c i a l government but a l s o t h a t they were t a k i n g p l a c e a t the expense o f I n d i a n people.  He j u x t a p o s e s  the s m a l l amount of l a n d i n h i s  r e s e r v e w i t h t h e l a n d a l i e n a t e d by the p r o v i n c i a l government. juxtaposes poverty.  He, a l s o  t h e economic p r o s p e r i t y of the p r o v i n c e w i t h h i s p e o p l e s ' He i s i n d i g n a n t a t the p r o v i n c i a l government f o r a l i e n a t i n g and  p r o f i t i n g from l a n d h i s t o r i c a l l y b e l o n g i n g confined to subsist  'in a l i t t l e  spot'.  p e r c e p t i o n of I n d i a n underdevelopment.  t o h i s people w h i l e they were  I n s h o r t he was o u t l i n i n g h i s H i s statement  was a p l e a f o r  N a t i v e r i g h t s and a stand a g a i n s t r e d u c t i o n s of r e s e r v e l a n d . T h i s Band has l a n d use p a t t e r n s s i m i l a r to N e s k a i n l i t h .  Their  l a n d can be d i v i d e d i n t o t h r e e b a s i c c a t e g o r i e s : a g r i c u l t u r a l , which formed a p p r o x i m a t e l y  one per cent of t h e i r l a n d ; p a s t u r e l a n d , which  formed about t h r e e p e r cent o f t h e i r r e s e r v e ; and timbered  l a n d , which  formed another  land c o u l d  three per cent.  A f r a c t i o n of the timbered  have been c l e a r e d and used f o r a g r i c u l t u r a l The  f o c u s o f t h e Band's economy was on mixed farming  was an emphasis on a g r i c u l t u r e . t h i s was n o t always the case. and  still  purposes.  relied  From t h e testimony Formerly,  - there  of A d r i a n N a r c i s s e  they had been s t o c k r a n c h e r s ,  t o a degree on h u n t i n g and f i s h i n g as a source of f o o d .  - 61 -  Band members who had l i t t l e or no land sought temporary employment off the reserve. Adrian Narcisse testified that the Band had to change i t s focus away from stock raising because a l l public grazing land had been preempted by settlers.  The witness answered questions about the economy  as follows:  Q. A. Q. A. Q. A.  Mr. Commissioner McKenna: After the open range was taken up by homesteaders, was your range confined to those hills? Yes, my stock is forced to go to the mountainside, where the grass i s not much good. And when the open range was closed, you had to reduce the number of your horses and horned cattle? Yes,..., therefore we want more land. And instead of making your living largely from horses and cattle you had to make i t from the sale of grain and hay and vegetables? Yes, i f I had good enough, land so as to cultivate i t for raising vegetables, grain and fruit ( R.C.E., Kamloops Agency, p. 34).  Since this Band had 241 horses and 52 horned cattle, the Band members required 4^600 acres of fair pasture land (see Tables 4 and 5). They had only 3,762 acres of questionable grazing land (see Table 6). This Band's request for additional pasture land was not entertained by the Commission, and undoubtedly stock continually dwindled in numbers.  This could only give rise to adverse financial effects since  stock was a ready source of cash income and meat.  Table 4.  Animals Owned by Adams Lake Band and Land Required for Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  241  4,820  Cattle  52  780  293  4,600  Total:-  Table 5.  Pasture Land Possessed, by Adams Lake Band and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  184  Fair  2,038  52  68  120  Good  1,540  77  51  128  Total:-  3,762  133  124  257  Table 6.  Land Classification of the Adams Lake Band.  Estimated Acreage of Classified Land  Total Acreage Surveyed  Reserves  Agent's Estimate of Crop Land  No. 1  2,178  No. 2  80  2  No. 3  25  80  No. 4 + 4a  3,540  50 (80)  1,500 (1,100)  Agent's Estimate  Potential  Timber  of Pasture Land  Crop Land  Land  see Timber Land 38 ' f a i r '  1,540 'good' ('poor')  250  No. 6  766.37  30 (30)  66  313  20 (30)  118  Totals:  7,152.37  1,610 CD  1)  a per capita acreage of 8.89 acres.  2)  a per capita acreage of 7.69 acres.  2,000  20  20  Land  17  No. 5  • No. 7  150  Cut-Off  'poor' 'poor'  1,762 (+2,000)  300 (700)  25  645  22  (over  72  (over  55.22 82  (2)  Land  200  170 1,392  Unassessed  2,865  137.22  23  - 65 -  N a r c i s s e had s t a t e d t h a t h i s people had to d i g ' i n a l i t t l e spot' to make a l i v i n g , and t h a t even i f a l l the good l a n d c o u l d be brought  under c u l t i v a t i o n i t would s t i l l be i n s u f f i c i e n t .  Difficulties  c r e a t e d by shortage o f l a n d were compounded by a shortage of water. The w i t n e s s t o l d t h e Commission t h a t t h e Band had o n l y enough water to i r r i g a t e two a l l o t m e n t s .  Undoubtedly,  he meant two a l l o t m e n t s a t a time.  As w i t h t h e N e k a i n l i t h Band, these people found themselves  'fighting  over water a l l t h e time'. The  l a n d used  f o r v a r i o u s purposes  such as f o r growing  v e g e t a b l e s , g r a i n and hay, amounted t o a p p r o x i m a t e l y 8.9 a c r e s per c a p i t a . T h i s i s what t h e C h i e f was r e f e r r i n g to when he s t a t e d they were c o n f i n e d to a s m a l l s p o t .  The d a t a c o l l e c t e d by the Commission i n d i c a t e s  that  an a d d i t i o n a l 7.69 a c r e s per c a p i t a o f new l a n d c o u l d be opened up f o r cultivation  (see T a b l e 6 ) .  However, c a p a c i t y t o b r i n g new land under  p r o d u c t i o n depended on a c c e s s i b i l i t y o f water and f i n a n c i n g . cases, these proved have r a i s e d  obstacles.  Adams Lake Band c o u l d  some c a p i t a l by s e l l i n g timber from t h e i r l a n d .  acres of f a i r stands.  insurmountable  timber and another  I n many  I t had 2,000  745 a c r e s c l a s s i f i e d as good  timber  However, the Department of I n d i a n A f f a i r s would not permit the  Band t o s e l l i t s timber.  The Agent i n h i s sworn testimony t o t h e  Commission s t a t e d t h a t the I n d i a n s were not allowed to c u t the timber on t h e i r r e s e r v e .  He d i d n o t c l a r i f y why t h i s p r o h i b i t i o n was e n f o r c e d .  The Band c o u l d have logged t h e i r timber and s o l d  i t to t h e  Adams R i v e r Lumber Company, which was l e a s i n g one and a h a l f a c r e s on No. 3 Reserve.  I n s t e a d o f d e v e l o p i n g g r e a t e r c o n t a c t w i t h t h e lumber  company, t h e Agent wanted t h e N a t i v e people removed from the i n f l u e n c e of t h e lumbermen.  T h i s p o i n t was brought  out when he was examined by  - 66 -  the Commission:  Q. A.  Q. A. Q. A.  Regarding liquor on the Adams Lake Reserve, have you ever had any trouble arising from liquor being used on this Reserve? Not until recently - about two months ago I got information; a party wrote me about this matter and asked me to take some action regarding these lumbermen bringing in liquor, and I immediately took action. Mr. Commissioner Shaw: Do you know of any time past where there has been any trouble? No, not in my time. Don't you think i t would be better to get them away from here? Yes, I think i t is the only Reserve where I think they should be removed. I think the Band is very progressive kind of people and have not sufficient land to supply the people. There are two families of about 10 people who are reported to be leading an immoral life...(R.C.E., Kamloops Agency, p.168).  The Indians were aware of the Agents' desire to have them removed from their land.  The Chief told the Commission that he and a l l  other Band members desired not to be moved. They wanted and requested more land only to be turned down by the Commission.  The Band's contention  that they lacked water, land and finances were substantiated by the Indian Agent and the data gathered by the Commission.  The Indian people  of this Band were eager to develop their land but the expansion of the settler society and the negation of their rights continually frustrated their efforts.  It was not simply contact with lumber men which was the  cause of their 'immoral l i f e ' .  The letter complaining that these  Indians were consuming alcohol, might well have come, from someone  - 67 -  i n the town of Salmon Arm? was  coveted  This  p a r t i c u l a r ..reserve ,  by the Salmon Arm Board of Trade.  and l i q u o r h i n t s a t defamation of Indians  The i s s u e of m o r a l i t y  to j u s t i f y  their  dispossession.  As we w i l l l a t e r see, members of t h e Board of Trade d i d not h o l d people i n high  4.  Native  esteem.  L i t t l e Shuswap Lake Band  The Shuswap Lake Band was v i s i t e d by the Commission October 25, 1913.  A f t e r t h e scope of t h e Commission was  to the assembled I n d i a n s , S i l p a h a n spoke.  on  briefly  explained  C h i e f Clemma Arnouse and Sub-Chief F r a n c o i s  I s s a c H a r r i s a c t e d as the i n t e r p r e t e r .  C h i e f Arnouse  stated:  I am g l a d t o see the Commissioners who a r e v i s i t i n g my p l a c e . . . T h i s p l a c e where I am now, i s my own p l a c e . I am g l a d now to have the chance to speak on my p l a c e t r u l y , because i t i s my own l a n d . I cannot l e t my l a n d go. I want to say a l s o one word about the laws of t h i s c o u n t r y . I want to get the r i g h t s of the law to a d m i n i s t r a t e my own r e s e r v e (R.C.E., Kamloops Agency, p.43).  Sub-Chief S i l p a h a n , a f t e r t e l l i n g see them, went on to s t a t e  the Commissioners t h a t he was happy to  - 68 -  ...I w i l l t e l l you today, how the Indians do come to have hard feelings. You have been staying home when the Indians began to travel (to England, Ottawa, Victoria), and explain their troubles; therefore you people have found out about our troubles, and have come to us. Now you have heard what the Indians explained at Ottawa and then you have come to the reserves to see, and have the Indians to t e l l you a l l about i t . It i s not on our reserve only that our hard feelings commence; i t is for land outside the reserves where the white men have stopped us. They stopped us from getting deer and birds, and stopped us fishing. That is what we told the Government at Ottawa...When the Indians were here a very long time ago, and able to look for their own food a l l over, the Indians used to increase, and they used to have a good living. ...You a l l know yourselves that we were born here on this land here. You see your own selves as to how we love our land, which land we have made improvements... You have seen our work...We a l l want to work our land to good advantage, and we are short as to our means...(Continuing, he also stated) We are also short in the authorities of our chief, and we want you people to help us and give him authority so he w i l l have as much authority on his reserve as the white people have in their own places...Our Chief is here on the reserve and we have some troubles...and the police comes and takes our people away, and that is why we c a l l upon you to help us by giving authority to our Chief (R.C.E., Kamloops Agency, pp.  43-44).  The Sub-Chief's statement is an indictment of the settler society for i t s intransigence towards Native rights which, was the root cause of impoverishment of Native people.  The speaker, continuing on in  his statement, outlined the type and condition of the land in the  - 69 -  Shuswap Lake r e s e r v e s . that  He s t a t e d  t h a t not a l l the l a n d was good and  the l e v e l l a n d s were too dry to grow c r o p s .  Despite a l l  h a r d s h i p s they endured on t h e i r l a n d , he t r i e d to c o n v i n c e Commission they l o v e d t h e i r l a n d and that  the  the  they were s t r u g g l i n g  to  develop and farm t h e i r r e s e r v e s .  They r e c o g n i z e d that u n l e s s  had f i n a n c e s and c o n t r o l over i t ,  they would be unable cc c u l t i v a t e  l e v e l and timbered l a n d s . and the l a t t e r finances financial  The Band had no  to b u i l d d i t c h e s or to purchase such equipment. l e d to an exchange  The i s s u e of  of q u e s t i o n s between Commissioner  McKenna and the N a t i v e spokesmen which proceeded as  Q. A. Q. A.  the  The former type of l a n d r e q u i r e d i r r i g a t i o n  r e q u i r e d l a n d c l e a r i n g equipment.  assistance  they  follows:  D i d you ever ask Smith, f o r a stumping Machine? No. What machines d i d you get? T h r e s h i n g and mowing machines. We asked f o r some f e n c i n g to fence the g r a v e y a r d . We c a l l e d on Smith and he h e l p e d u s . The I n d i a n Agent b e f o r e Smith, he never helped us and we had to buy our own t h i n g s . We have made up our minds to ask S m i t h . . . , f o r h e l p f o r stumping machines, and work h o r s e s and other m a c h i n e r y . I would l i k e to know from Mr. Smith, now where that money came from what was g i v e n to us i n machinery? Was i t government money or was i t some of our money which had been p a i d f o r us f o r some of our l a n d which has been taken by the white men?  The Chairman ( a f t e r c o n s u l t a t i o n w i t h Agent S m i t h ) : I t came out of the money which the government h o l d s i n t r u s t f o r you ( R . C . E . , Kamloops Agency, p.45).  - 70 -  It would seem that the issue of financial assistance was a p o l i t i c a l issue for the speaker in which the accountability of the Department of Indian Affairs to Indian people was at issue.  Native  people had no way of knowing how much money was held in trust for them, or the sources of money which was spent on their behalf.  The  source of the funds with which implements were purchased for them was important to the Indians because they did not particularly appreciate taking government aid for fear of jeopardizing their campaign for recognition of their rights to 'unsurrendered lands' and even less did they like their own money being spent in ways they did not approve. This Band's reliance on agriculture appears to have been a recent phenomenon. According to Peter Tommah, who was examined under oath, they used to work for white men until three or four years prior to 1912.  In 1908 or 1909, the Band began making their living primarily  on the reserve.  Q. A. Q. A. Q. A. Q. A. Q. A.  Do the Indians on this reserve go outside to work for other people? A long time ago they used to do i t . Don't they do i t anymore now? Some of the young fellows work for white men. At what kind of work? On farms, at logging, and in the lumber camp. Speaking generally, the Indians here make their living by cultivating their land, and by working on the reserve as a whole? Yes, i t i s just a l i t t l e while since the Indians have begun to work their land. A long time ago we used to work for the white men. How long is i t since you commenced to work your land? About 3 or 4 years ago (R.C.E., Kamloops Agency, p.48).  - 71 -  At the time the Commission visited these people, a certain section of the population was engaged in cultivating the soil, growing hay, potatoes and vegetables; they grew 'anything the white men buys'. Another section of the population was logging and clearing land for cultivation on Reserve No. 4.  Just as the Adams Lake Band had done,  they had sold off most of their stock due to a lack of grazing land (see Tables 7 and 8). The most revealing discussions revolved around Scotch Creek Reserve No. 4.  Peter Tommah, a Band member sworn in by the Commission,  had this to say:  Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A.  How about Scotch Creek reserve? How many families live or have their homes on Scotch Creek? Six families. Do they live there a l l the time? Not always. Have they houses anywhere else on any of the other reserves? Yes, they have their own houses here in the village, and they have their own land there, which they work. Is there anyone living there at present? They are a l l here at the present time. Do you mean that they are a l l here today or have been living there for the last two weeks or a month? When the work comes in to the other place, they go there to work, and when there is work here they come back here. How much land is cleared....? About 80 acres. That reserve is awfully hard to clear. What do you grow on the land...? Hay and other crops. We are just trying that land to see what we can raise on i t (R.C.E., Kamloops Agency, pp. 50-51).  T a b l e 7.  Animals Owned by Shuswap Lake Band and Land Required f o r Pasturage.  Acreage o f F a i r P a s t u r a g e s of Animals  Number o f A n i m a l s  Horses  44  Cattle  —  Total:-  44  Required to Sustain Stock  880  880  Table 8.  Pasture Land Possessed by Shuswap Lake Band and Actual Number of Animals by That Land.  Supportable  Animals Supportable on Land Kinds of Pasture  Acreage Possessed  Poor  1,236  Fair  170  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  25  32  57  29  37  66  Good  T o t a l :  "  1,406 (-170)  - 74  -  Bands t h a t had more than one r e s e r v e and moved back and  r e s e r v e o f t e n r e s i d e d on  f o r t h to the d i f f e r e n t r e s e r v e s  were c l e a r i n g or c u l t i v a t i n g  the l a n d .  The  I n d i a n s who  one  i n which  moved back and  f o r t h t o the Scotch Creek Reserve were m a i n l y engaged i n l o g g i n g . an a r e a was  logged  out,  they would c u l t i v a t e the c l e a r e d l a n d .  the r e a l v a l u e of t h i s r e s e r v e was  the timber;  the s o i l was  A. Q. A. Q. A.  Q. A.  utilized  a t o t a l of 155  I n d i a n Agent, f o r growing a p p l e s , v e g e t a b l e s an a d d i t i o n a l 270 9).  and  a c r e s , of which a p o r t i o n was  The  people lacked access land, t e s t i f i e d  However,  testified:  Scotch Creek i s on the B i g Shuswap Lake how many a c r e s does i t c o n t a i n ? 2,105 a c r e s . No permanent r e s i d e n t s there? No. They go t h e r e from time to time? Yes, and work i n the lumber camp and make hay (he l a t e r p o i n t e d out t h a t they worked f o r themselves and do not work f o r anyone o u t s i d e the r e s e r v e ) That i s a p r e t t y good r e s e r v e f o r fertility? No, I don't c o n s i d e r i t good at a l l - the l a n d i s sandy, and a g r e a t d e a l of the bottom l a n d i s v e r y hard to c l e a r on account of the heavy cedar (R.C.E., Kamloops Agency, p. 172).  T h i s Band had  (see T a b l e  As  o v e r l y sandy.  In response to the Chairman of the Commission, the I n d i a n Agent  Q.  they  acres, according hay.  They had  to the Commission t h a t  had  the  cleared  ready f o r the plough  I n d i a n Agent, t a k i n g i n t o c o n s i d e r a t i o n t h a t to water, f i n a n c e s and  to  these  j u s t began to farm  their  Table 9.  Land C l a s s i f i c a t i o n of the Shuswap Lake Band. Estimated Acreage of Classified Land  Total Reserves  Agent's Estimate  Agent's Estimate  Potential  Timber  of Crop Land  of Pasture Land  Crop Land  Land  Acreage Surveyed  No. 1  4,265  40 (202)  No. 2  600  14 (100)  No. 3  60  No. 4 No. 5  20  2,105 782.59  Totals:  7,812.59  80 (60) 155 (1)  1)  a per capita acreage of one acre,  2)  a per capita acreage of 2.4 acres.  1,050 'poor'  125  3,000  50  535  15 ' f a i r '  25  155 ' f a i r '  50  186 'poor'  20 (12)  1,406  270  50%  (2)  Cut-Off Land  Unassessed Land  40  60 Ln  1,950  2,105  500  .4  6,015  2,169  50 (over?) , 17 (over?)  - 76 -  within the last two years they have made quite an improvement (R.C.E., Kamloops Agents, p.172).  The shifting emphasis towards cultivating the land was widespread in the f i r s t decade of the 20th Century.  A.W. Vowell,  Indian Superintendent for B.C. wrote in his general report, to the Deputy Superintendent General of Indian Affairs, that  The Indians, have to contend against so many competitors in the labour f i e l d , owing to the increasing influx of whites and others into the country during late years, find that they cannot make money as easily as they did in former years when disposed to work...outside their reserves, and are as a consequence giving more attention to the resources nearer home, such as farming and stock raising. During the year reported upon (1908) I know many Indians who formerly went to the canneries and other places during summer in search of work, that have now come to the conclusion that they would be much better off and more comfortable by remaining at home and attending to their gardens and stock, etc., a course which for years I and others have endeavoured to persuade them to adopt as being in every way to their advantage... (D.I.A., Annual Report, 1907-08:270; see also •D.I.A. ,•-; Annual Report, 1908-09:245; 1907-08:258).  Other factors which led Indian people to begin cultivating their lands were restrictions on hunting and fishing and racist hiring practices.  - 77 -  The Indians of the Shuswap Lake Band having just begun using their land gave the appearance that they were uninterested in developing i t .  Consequently, the Commissioners thought the Indians  were unable to handle their land or did not want to use the land. This seeming indifference gave the Commission a pretext to justify ordering 2,105 acres cut-off. The Commission in contemplation of a cut-off, discussed i t with the Indian Agent, but the. notion of cutting off 2,105 acres was never mentioned to the Band.  The Indian Agent in response to the  Commission's desire to cut off Scotch Creek, stated that i f that reserve was sold the Band would not derive as much income from the sale of the land as i t would from the cutting and sale of the timber.  The land was  worth less than the timber.  Q. A. Q. A.  Q. A. Q. A. Q. A.  Mr.Commissioner Shaw: Would you say i t (No.4) is not reasonably required for this Band of Indians? No, I would not say that. I would say that i t is required for the Indians. Why...? Because from the proceeds of the sale of the timber, they would be able to clear the land where their village is, so as to enable them to make homes and cultivate their land. By what means? By the sale of the timber. Would the sale of the timber help them in this respect? The timber i s worth more than the land. If i t were sold at public auction, would the money derived from the sale assist them in the same way? If i t were sold by auction under the present system and the revenue that would be derived after the same was divided between the two Governments, there would not be sufficient money left to bring i t under cultivation... (R.C.E., Kamloops Agency, p.173).  - 78  -  The Indian spokesmen and the Indian Agent tried to point out to the Commission that the Band had just recently begun to farm the land. They  They lacked finances, farming and land clearing equipment.  also had land which was difficult to clear and a lot which was  second and third class land.  A partial financial solution for this  Band resided in their timbered land. The argument by the Agent against cutting off Reserve No. 4 did not influence the decisions of the Commission.  However, the members  of the Salmon Arm Board of Trade appear to have carried more weight. They presented an argument for the reduction of the Indian reserve lands on the grounds that the Indians had an excessive amount of land which they were not using, and that the unused lands were impairing growth of the town.  5.  Salmon Arm's Board of Trade - Businessmen's Interest in the Commission  The Royal Commission met with the local business representatives of Salmon Arm in the Montebello Hotel.  A Mr. James Evans and Mr.  A.D.  Currie represented the Board of Trade. The basic position of the board, as I earlier indicated, was that they f e l t Indians had too much land.  Mr. Evans began by stating that  the valuable land lying in idle waste in the vicinity surrounding Salmon Arm was impending the growth of the town, and he declared that lands held by the Indians 'were very dirty in appearance'.  According to Evans:  - 79 -  Some six miles west of here, just across the front of the settlement, there are about 2,300 acres of land, and about 15 families in occupation of i t . In Tappen Siding reserve there are about 3,100 acres of land and about 20 families averaging about 160 acres each. That 3,100 acres of land, i f i t was properly cultivated, ought to comfortably support a great many more people...(R.C.E., Kamloops Agent, p.8).  In the f i r s t instance, Evans misrepresented the facts, because Neskainlith Band had 36 acres per capita; Adams Lake Band, 39 acres per capita, and the Shuswap Lake Band, 70.54 acres per capita.  In the  last instance the Indian Agent, as we have stated, declared that 2,105 acres of their land were of poor quality and the value rested in being a timber reserve. However, Evans, and people like him, viewed Native people and their land in a different light.  In pursuing his case, Evans argued as  follows:  I should like this matter of the 3,000 acres between 20 families, to be dealt with in such a way as would benefit the Indians, the Dominion Government, and the white people in this vicinity. Q. A.  Q.  Commissioner MacDowell: How would you suggest dealing with the Indians in a matter of this kind? I would deal with the Indians as I would deal with a child. I would not give them t i t l e to any part of the land until I found they were capable of taking care of i t . Chairman: What would you say would be a fair allowance of land, per family, for the Indians taking into consideration their present conditions, and looking forward also to a possible increase in their numbers in the future?  - 80 -  A.  Q.  A. Q. A. Q. A. Q.  A.  Q. A. Q. A.  I don't think there are 20 per cent of the Indians on these reserves that there were 20 or 30 years ago, but taking into consideration a l l the facts, the nature of the land, the ability of the Indians and the possibility of an increase in their numbers, I think 40 acres would be sufficient for each family, but they should have assistance in cultivating i t . Commissioner Shaw: You made the statement..., that you considered 40 acres was enough for a whiteman to farm, and farm properly, in this vicinity? Yes, 40 acres is enough for a whiteman. And does the Indian not look forward to an increase? Yes. And 40 acres i s enough for a whiteman, also looking forward to an increase? No, I don't think so. Mr. Commissioner White: You take an Indian and give him 40 acres. He has 3 boys, and a wife; he dies, and the three boys have that 40 acres divided between them, what would be done for those acres? Well, they have the same privileges as a whiteman who is similarly situated, but I would suggest that land might be put aside in other parts of the Province for future allotments... Commissioner Shaw: Do you know of any single Indian who cleared say 10 acres of land? No. Do you think i t possible that any w i l l , in the future? I would not say that, I regard the Indian as a child who should be taken care of (R.C.E., Kamloops Agency, pp.12-13).  Commissioner Shaw asked Mr. Evans i f he thought i t would be fair to equate an Indian with a white man.  Evans responsed by stating that  i t would be unfair to compare an uneducated white man to an Indian. He maintained that white people had more brain power.  - 81 -  A.D. Currle, when he was examined, basically concurred with the testimony given by his colleague.  However, he thought that Indians  would s t i l l be well off i f they had 'only five acres' per family; but, he would not begrudge them eighty acres per family i f they had assistance to develop their land. The views held by these men - that Native people were dirty, backward c h i l d l i k e people incapable of developing their land and, as a -  consequence were an impediment to the growth of the white community were probably a means of rationalizing their desire to speculate on Native lands.  Their knowledge of real estate values became evident when  Commissioner MacDowell questioned Mr. Currie.  Q. A. Q. A. Q. A.  What is the value of the land near here? Uncleared, from $75.00 to $150.00 an acre; cleared land from $150.00 to $200.00 an acre. Is i t not a fact that during the last twelve months some 10 acres of land in this vicinity were sold at $20,000.00? . Yes, but that of course was improved land with buildings on i t . How much would represent the value of the buildings on that land? The value of the buildings would be less than $2,500.00. (R.C.E., Kamloops Agency, p.15).  Mr. Currie also told the Commission that the cleared lands which were selling for $150.00 to $200.00 an acre were being sold in 40 and 60 acre blocks. The direct or indirect potential beneficiaries of any lands ordered cut-off from reserves around Salmon Arm were the lumber-mills employing numerous white men at good wages (Boam, 1912:310), and the  - 82 -  Salmon Arm Realty Company, Ltd. which was incorporated in 1910 with an authorised capital of $50,000.00. This company had purchased an older company known as the Salmon Arm Realty Company, maintaining the old title.  This company was not only involved in land speculation but also  in various loan and insurance companies such as the Canada Permanent Mortgage Corporation and the British Columbia Loan Company. The Salmon Arm Realty Company had representatives across Canada and in England (Boam, 1912:338).  Commissioner Shaw himself was not only a rancher but  also a president of a Trust Company. The manager of that Trust Company was described as a man who  'made a special study of realty values throughout  the interior of British Columbia (Boam, 1912:330).  6.  The Decision of the Royal Commission for the Shuswap District  In accordance with Article 2a of the Memorandum of Agreement, the Commission was empowered to reduce the size of a reserve which i t assessed as having excessive acreages.  However, the reduction was to  be ordered only after obtaining consent of the Indians as required by the Indian Act. A l l the three Bands so far considered made statements clearly indicating that they were opposed to reductions.  They had begun to  develop their lands to varying degrees and expressed a desire to continue doing so.  However, they pointed out to the Commission that their efforts  were being hampered by a lack of arable land, inaccessibility of water, and lack of finances.  - 83 -  The Commission, although  possessed :.. .  knowledge of the  social and economic conditions of these Bands ordered land cut-off from their reserves. These cut-offs were not even discussed with the Bands. The Commission 'ordered' 480 acres be cut-off from No. 3 Reserve of the Neskainlith Band 1916:348).  (R.C.R.,  Kamloops Agency,  Indians had stated that the land on the relevant portion of  the reserve was bounded by a wagon road and encircled by settlers.  It was  being preserved by the Indians as a source of timber for either firewood or building material. Also, Celesta testified that i f they were able to clear this land i t would be good for growing wheat, oats and apples (R'.C.E. , iKamloops Ageneyy. p.:26) .  , .-•  From the Adams Lake reserve, the Commission ordered a total of 137 acres cut-off 55 acres from No. 6 reserve, and 82 acres from No. 7. The f i r s t was to f a c i l i t a t e construction of a wharf. The Indian Agent testified to the Commission that:  ...The Department sent me up to that place to report on a right-of-way running through i t (No. 6) to the lake for a wharf (RoCjE.yc. o,r.j'.oo. Kamloops_Agency, pp.158; s e e a l s 6 " R : C . R . , " Kamloops-Agency v*vl916:342)1; • , • :  The Commission also made the following decision about Adams Lake Band's No. 7 reserve:  ...having under consideration the reasonable and necessary requirements of the Indians of the Adams Lake Tribe,...,with respect to lands contained in Switsemalph Indian Reserve No. 7 i t was  - 84 -  ORDERED: That there be Cut-Off from the said Switsemalph Indian Reserve No. 7 of the Adams Lake Tribe, ..., a track of land adjoining and to the west of the town- of Salmon Arm, on Shuswap Lake, being a portion of the said Reserve No. 7 containing approximately eightytwo (82) acres...(R.C,R.Kamloops Agency, 1916:342-43; Italics added) .- . 1.  This land, adjacent to the town, was described by the Indian Agent as f i r s t class land.  The Indians had cleared off a l l brush and  trees, however - they could not remove the stumps and could only wait for them to rot.  This particular piece of land was rented by a Mr. Palmer  for grazing purposes and the rent money was being paid to two widows and a four-year-old boy.  It was the main source of income sustaining these  three indivudals (Royal Commission Transcript, Kamloops Agency, p.161). Without ever consulting the Shuswap Lake Band, the Commission ordered a total of 2,165  acres cut from i t s reserves.  ORDERED: That Measow Reserve No. 3 and Scotch Creek Reserve No. 4 in the Kamloops District of the L i t t l e Shuswap Lake (Kaut) Tribe, BE CUT OFF (R.C.R.., Kamloops Agency, 1916:351).  The 60-acre No. 3 Reserve had been fenced and farmed by Indians at one time; but, i t had been sold by the federal government to Mr. Chase.  Whitefield  However, his money was refunded after the provincial government  protested the sale on the basis of i t s reversionary rights claim.  Peter  Tommah informed the Commission that the Indians were 'doubtful i f they could work that land because the two governments were disputing over the  - 85 -  reserves' (R. C.E.', "Kamloops Agency, p. 50). In the Agent-'s view.  That piece of land, as far as I have heard, is a very good piece of land, and immediately this road question is settled, I think they are prepared to fence i t and cultivate i t as soon as the wagon road is put through i t (R.C..E-.., Kamloops. Agency, p'.50) . •  Indian use of land on this particular reserve was being hampered primarily because of the dispute between the two levels of government, and secondly because of inaccessibility of the reserve.  It was no fault  of the Indians that the land was lying idle. The Commission, having the reasonable and necessary requirements of the Indians in mind, ordered Reserve No. 4 totally cut off. This is the reserve the Indians were logging and attempting to cultive.  The Commission,  although presented with a logical argument by the Indian Agent not to cut off Scotch Creek Reserve proceeded to do so. The Commission rationalized  their 'orders' to cut off land from  the Bands in this corner of the Kamloops Agency on the basis that the land which was ordered cut-off were 'unused and non-essential to the maintenance of the Indians'.  Furthermore, the Commission felt that the people in this  area needed less land because the Salmon Arm District was more suitable to truck and fruit farming as opposed to cattle ranching. The Commission in ordering land cut-off from this District was obviously not basing i t s judgements on the testimony of the Indians, the Agent, or the data which i t gathered.  A l l evidence indicates that the  - 86 -  Indians were striving to u t i l i z e their land and i f some lands were unused i t was through no fault of the Indians.  The Commission, i t  would seem, was pursuing the federal government's policy of 1908 which was to s e l l timber and agricultural lands to aid the development and settlement of the country.  This position was maintained by the provincial  government and other business interests.  The Commission, then, was  serving the colonizing schemes of the two levels of government regardless of the conditions and wishes of the Indians.  7.  North Thompson Band  The Royal Commission met with the North Thompson Band on October 27, 1915.  The interpreter was Isaac Harris.  It is recorded in the  Transcript that the 'scope and purpose of the Commission was briefly explained by Mr. Commissioner White' (R.C.E. ,. Kamloops Agency, p.56).  . ,  The spokesmen for this Band were Chief Andre, who spoke  f i r s t , Captain George, who spoke second, and Johnny Oxine who was examined under oath by the Commission. Chief Andre and Captain George were concerned about restrictions placed on their hunting and fishing rights.  The Indians, as they expressed  i t , were beginning to feel locked up on small pieces of land and impoverished because of the increasing alienation of the land and the increasing restrictions placed on the access to the resources of the land. This monopolization of the land and i t s resources by the settler state was objected to as follows:  -  87  -  Chief Andre: You know how poor I am, just like as i f I was tied up - therefore I am kind of poor. It seems as though I cannot help myself to better myself like as i f I were afraid a l l the time. Everything seems to be locked up now, different from what i t used to be a long time ago. It used to be that everything was open to me,... Where I am now, the Reserve is pretty small, and I want the Commissioners to help me by fixing my land right and make i t solid for my children. .. forever ( R . C.E. , Kamloops jAgielfcy y -p /56) ,  Captain George's statement was not transcribed in f u l l , the transcript merely recorded that he spoke to the same effect along which Chief Andre had spoken.  The portion of Captain George's statement  which was recorded indicates the consequences of the growing web of restrictions being placed on the socio-economic pursuits of Indian people.  I want to be able to be free to go and hunt anywhere outside the reserve. When I have some crops to s e l l , I should be able to s e l l i t , and so that everything w i l l be open to me. That is a l l I have to say ( R , - C . H . , Kamloops Agency, "p.56) . \' :  Commissioner-McKenna asked the speaker whether or not"he could s e l l crops? r  He replied that he could s e l l his crops but he thought that someone just may pass a law to stop him.  The notion that a law could be passed  stopping Native people from selling their produce was not too far fetched since laws were used to restrict Native people from hunting and fishing along with a host of other laws and regulations which entangled Native people to such a point that they were trapped into a l i f e of subsistance.  - 88 -  The Indians in accordance with hunting regulations were only permitted to hunt during the month of September - the hunting season.  However, i f they could prove that they were in need of food  they would be issued a special permit which allowed them to k i l l one deer.  The Agent for the Lytton Agency outlined the issue of hunting  permits and fishing regulations as follows  ...The Indians as a general rule...object to this permit because they are only given a permit to k i l l one deer, and they say that sometimes i t takes them 2 or 3 days to get a deer and often they have got to go quite a distance to get i t . So that by the time they return there i s very l i t t l e of the deer l e f t . When they go out in a party they say they are only allowed to k i l l one deer and they eat that a l l up before they get back. ...And this shooting and fishing question means a great deal of correspondence for the Agent and in fact for every Agent in the country, because there are so many of the Indians who want these permits. I think the fishery regulations are thoroughly good with the exception of allowing the Indians to s e l l . I think i t i s a great hardship that an Indian i s not allowed to s e l l his salmon in order that he might be able to buy sugar, tea and flour and other ordinary necessities of l i f e (R.C-.E.'y Lytton Agency., pp.509-510) . . :  These hunting and fishing regulations were enforced in areas denoted as 'regulated districts', but not enforced in others denoted 'unregulated districts'; however, the unregulated areas such as the North Thompson, were fast diminishing.  - 89 -  The statements of the Indians and the Agent for the Kamloops Agency indicates that the North Thompson Indians, a few years prior to 1912, had been principly trappers with a subsistance diet of game and fish.  This area was rather isolated until the Canadian Northern Pacific  Railway was constructed. Johnny Oxine, when he was questioned about reliance on hunting and trapping, pointed out that his people used to get $10,000.00 per year from the sale of furs, but  We don't get any of that $10,000.00 worth now, because the white men have come along and taken a l l our furs away (R.C.E., Kamloops Agency, p.62).  The above statement simply means that with the expansion of the settled areas, the fur bearing animals were depleted through the destruction  and. . alteration of ecological systems through the building  of roads, establishment of ranches, the opening of areas for mining. This interpretation i s supported by the Indian Agent's statement.  He  indicated that the North Thompson Indians were a very moral and hard working people, who within the last five or six years had made a great transition from basically being trappers to farmers.  He also pointed  out that the Indians had recently been hemmed in by settlers and coal mines (;R.C.E. , /Kamloops Agency, p. 178-7:9) . •"• Circumstances created by the influx of settlers, mining companies and the construction of the railway compelled the Indians to try and develop their land.  In their efforts to do so they were encouraged  by the Agent to develop a mixed farming economy.  In 1912, they were in  -  90  -  the process of expanding their wheat, oat and vegetable production.  The  Indians normally sold any surplus produce which they may have had to the settlers.  The Indian Agent told the Commission that this Band was  fortunate in having a ready, although temporary, market for their produce in the construction camps of the railway company. The Indian Agent was asked by the Commission i f the Indians worked off of the reserve; he replied that they worked very l i t t l e off of the reserve with the exception of a few individuals who s t i l l trapped f u l l time. Johnny Oxine was also asked i f the Indians worked off the reserve to supplement their new economic pursuits; he replied to the questions as follows:  A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A.  Yes, when we find work. What kind of work do you find outside of the reserve? General work, farming in the haying season, etc. Did any of you work on the Railroad during the construction of it? Yes, inside our reserve, when the railroad was going through we helped to cut the right-of-way. Do you hunt and trap during the winter months? Yes, we trap. Taken altogether, do you make a fairly comfortable living for yourselves on the reserves? Some of us are not living comfortably, provided we do not go outside the reserve and help ourselves. Commissioner McKenna: You mean provided you don't go outside the reserve to work? Yes, and trap outside of the reserve too. Would the majority of the people have to go off the reserve to labour and to trap, in order to make a comfortable living? Some of the Indians here are regular trappers and would sooner go out and trap, and some are farmers who stay at home a l l the time (R.C.E., Kamloops Agency, p.59).  - 91 -  These people were unable to make a complete transition to mixed farming for various reasons of which some of them involved lack of agricultural lands, pasture lands and finances. In his testimony the witness also told the Commission that only about seven individuals (heads of families?) were capable of cultivating land more extensively than other Band members who 'only have small fields'. He went on to say that they were having difficulty in cultivating their land due to a 'shortage of machinery, horses, e t c ' and in any event even i f they had the necessary equipment for farming, the land would be 'too short'.  The data collected by the Commission supported the Indians'  contention their lands were too small. The acreage of arable land per capita amounted to 6.4 acres. This included the swamp hay meadows which were subject to annual flooding (see Table 10). arable land of this Band equalled 50 acres.  The amount of potentially  It had lost more land to  railway right-of-ways than i t had as potentially arable land.  Furthermore,  the railways disregard of the Indians fishing stations resulted in their destruction. Other significant factors which further aggravated the social conditions of the Indians were lack of funds and shortage of grazing lands.  Testimony of the Indian Agent indicated that the irrigation  system of the Band was only capable of irrigating 80 to 90 acres. According to the Agent, i t was beyond the means of the Band to extend i t s irrigation facilities.  However, the members were able to cultivate 160 acres by  u t i l i z i n g dry farming techniques to grow crops such as oats, wheat and hay.  But this technique could not be widely adapted due to the semi-arid  climate in the area.  Table 10.  Land Classification of the North Thompson Band.  Estimated Acreage of Classified Land  Total Reserves  No. 1  Acreage Surveyed  3,112  Agent's Estimate of Crop Land  l,200  v w  Agent's Estimate  Potential  Timber  of Pasture Land  Crop Land  Land  500 'poor'  50  500 ' f a i r ' No. 2  5  Fishing Station  No. 3  5  Fishing Station  No. 4  8  Totals:  3,130  —-  800  v  1)  500 acres i s swamp land which overflows annually.  2)  a per capita acreage of 6.4 acres.  1,000  Unassessed  Land  •  108  +500 f i r e wood  Land  ,  438 (over?;  ,'  —  one. acre  . I  —  washed away  N>  -(2) l,200 '  Cut-Off  50  5.5 1,300  114.5  I  - 93 -  The hay and grains which were grown went toward feeding the stock estimated by the Agent to consist of 135 horses and 47 cattle. The Indians testified that they had 100 horses and 70 cattle. This Band was plagued by a shortage of pasture lands which consisted of 500 acres of 'fair' land covered in scrub timber. ' They had an additional 500 acres which was classified as being poor and mainly served as a source of firewood.  Taking this to be the case,  the pasture land of the Band would have been able to sustain approximately 22 head of horses and 28 head of horned cattle.  Looked  at from another perspective, they needed 3,700 acres of fair pasture land for the horses and 705 acres of the same quality of land for their cattle.  In total, the Band needed approximately 4,405 acres (see Tables  11 and 12). The Band requested 1,280 acres of land specifically for pasturage.  The Indian Agent, under examination, told the Commission  that the Indians had no pasture land to speak about. He also testified that he had made an application for land on which these people could graze their stock but no attempt was made by the Department of Indian Affairs to act on the application.  The Agent stated that he had made  recommendation to the Department of Indian Affairs to obtain a portion of vacant land but the Department, to his knowledge, had not acted on his recommendations by applying to the provincial government for the land. The Indian Agent was told, by a Commissioner, to give the Commission a description of the land and that the Commission would act  Table 11.  Animals Owned by North Thompson Band and Land Required for Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Horses  135 (100)  Cattle  47 (70)  Total:-  182  Required to Sustain Stock  3.700  705  4,405  Table 12.  Pasture Land Possessed by North Thompson Band and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  500  10  12  22  Fair  500  12  16  28  1,000  22  28  50  Good  Total:-  - 96 -  on his recommendations. The land which was 'vacant and available' amounted to 1,280 acres.  However, the Agent for reasons unknown  recommended 640 acres be constituted as reserve land.  The Commission  responded to his recommendations by stating:  Allowed: Six hundred and forty (640) acres, more or less, subject to survey (R.C.R., Kamloops Agency, 1916:333): ;  As earlier indicated these Indians were concerned abou t the increasing web of regulations, particularly those which affected hunting and fishing.  The response by Commissioner Shaw typified the Commission's  position on game and fishing regulations.  Commissioner Shaw rationalized  the game and fishing regulations as necessary so as not to deplete the fish and wildlife.  Johnny Oxine responded:  Yes, we know that, but a long time ago when there was no laws fishing and hunting was very plentiful (R.C.E., Kamloops Agency, p. 62).  Native people did not and could not understand why they should be penalized while commercial fishing companies were permitted to use massive fish traps often responsible for the wasteful destruction of tons of salmon.  Furthermore, Native people could not understand why their  fishing rights should be curtailed since they had not confered the right to the government to regulate the fish and game. It was the view of the  - 97 -  Native people that the government(s) had no authority to impose fish and game regulations on them. Native people s t i l l maintain this view today. The contrast between the growth of capitalism and the increasing web- of laws surrounding the activities of Native people, -the. small pieces of reserves, led people like Chief•Andre to utter:  You know how poor I am, just like as i f I was tied up - therefore I am kinda poor. It seems as though I cannot help myself to better myself, like as i f I were afraid (to be jailed or fined) a l l the time. Everything seems locked up now, different from what i t used to be... (R.'.C-.-E/, Kamloops Agency, .p. 56) .  As a final note about the Commissioners' deliberations in this vicinity, I would like to point out how they rationalized their decision to grant this Band, whose arable and pasture lands were negligible, only 640 acres for pasturage.  The Commissioners stated that they would create  a Reserve containing 640 acres in a locality.  presenting more favourable opportunities for utilization of the land by the Indians in the characteristic industries of the Agency, farming and stock raising (R.C.E., Kamloops Agency, 1916:306).  The fact of the matter is the acreage given to this Band would only have met about a third of their requirements.  They simply had no  - 98 -  room for expansion or growth.  Consequently, the philosophy of the  Commissioners was contradicted by their decision to grant these people only one half of what was available for the purpose of farming and ranching.  8.  Kamloops Band  The Royal Commission visited the Kamloops Band on October 28th, 1913.  Issac Harris, an Okanagan Indian, was the interpreter.  Mr.  Commissioner McKenna began the investigation of this Band by briefly explaining 'the scope and purpose of the Commission'. The people who stood up and spoke to the Commissioners, on behalf of the Band, were Chief Louis, Captain Lecamp, Alexander Bob and Johnnie Leonard.  Johnnie Leonard was the only person examined under oath by  the Commissioners. Chief Louis told the Commissioners that the Joint Reserve Allotment Commission, headed by Sproat, McKinley and Anderson, had laid out the boundaries of the Reserve and upon completion told him that the land as demarcated i s 'yours forever'.  He also pointed out to the  Commissioners that they had cultivated the land as far as their water supply permitted, beyond that, the land was too dry and their attempts at cultivating the s o i l led to failure.  He attributed their shortage  of water to the Western Canada Ranching Company - formerly known as Harper's Estate.  This company was only supposed to be permitted by  agreement, to take water remaining after the Band had taken its allotted 500 inches.  However, the Ranching Company was taking more than the  -  99  -  agreement called for and a l l which remained for the Indians amounted t o 250 inches.  Let me quote a portion of Chief Louis statement:  I fixed the land among my children here, and wherever - the water reaches that land i t raises good crop. We have tried to cultivate the land which the water cannot reach, and i t has been a failure. It.gets dried up without irrigation. Right east from here there is good land on the River banks, and on the beaches. If the water could reach these lands i t would be better for us. There has been a ditch line surveyed to get water for these lands. Afterwards a white man took up a ranch between the reserve and the creek from where the water was to be gotten, and he stopped my water from coming. The other land we have here, i t i s pasture land for the cattle, and timber land, and the timber is for our improvements for my people... Of course - you cannot expect me to find everything and find out how to work the land, but we are starting in a good way of getting on to work the land to the best advantage...Now you Commissioners have come and have seen yourselves, the shape we are in, and I have also called upon you gentlemen (presumably members of the Board of Trade) for help. Of course we are not like the white men who have a l l kinds of machinery to work the land, and I w i l l say that I am glad the Commissioners have come to see and help us (R.C.E., Kamloops Agency, p.64).  Whereas Chief Louis spoke about the general situation of the Band, Captain Lecamp spoke about Harper's Ranch.  He told the Commission  that he understood that the Commissioners were there to hear a l l the grievances of the Indians; therefore, he wanted to t e l l the Commission that a l l the Indians objected to the Harper's Estate being inside the reserve.  Chief Louis interjected and stated...  - 100 -  You know that It i s the feeling of my people here, as i f for instance, there was a table and a hole in the middle of that table, the dishes and utensils would f a l l through, and that is the way of i t with this bit of land inside our reserve...(R.C.E., Kamloops Agency, p.66).  The greatest inconvenience to the Band was the water which the Ranch was taking from the Band.  Alexander Bob told the Commissioners  that his people were only suffering from one handicap which was a shortage of water. The Commissioners dismissed this issue on the grounds that they understood that there was enough water to go around; the Commission stated that i f the Band was not getting i t s proper share, the Band should apply to the Water Commission 'not to us'. The last remark by the Commissioners ended a l l discussion and Johnnie Leonard was then examined under oath.  He pointed out that the  Band members were mainly involved in the mixed farming economy of the Band; however, their involvement in the Band's economy did not preclude them from working outside the reserve for white farmers, or in mills where they were paid $1.50 per day.  As in other reserves, there was a small  section of the population which could not be employed on the Reserve and worked elsewhere. Johnnie Leonard also told the Commission that, aside from the 250 inches of water they lost to Harper's Ranch, they had also lost access to another creek in 1903.  He went on to t e l l the Commission that  they were well equipped with farm-implement, which they had purchased themselves, and that their irrigation system was constructed independently of government aid! The Indian  Agent, when he was examined, pointed out  - 101 -  that the only financial aid which the Band had received was $300.00 to assist in the repairing of i t s irrigation system.  Presumably, the  funding was derived from the sale of Band land to the Canadian Northern Pacific Railway which had constructed a line and a train station on the reserve. The point which becomes evident in the statements of Native people is that they were using less land, or unable to open up more land and lacked land due to the increasing incroachment of white settlers. In the case of the Kamloops Band, the Indian Agent touched on some factors, which adversely affected the Indians.  Mr. Smith was  examined under oath, in Victoria, on November 19th, and 20th, 1913. He testified that the Indians had cultivated more land than their water supply could irrigate and that i f they had more water they could cultivate an additional 1,700  acres.  To accomplish this, he pointed out, they would  need financial assistance to construct an earthen ditch.  The Chairman  questioned the Agent about developing a policy of 'pouring' money into a reserve everytime the Indians wanted some ' l i t t l e improvements' done - a view contradictory to the provincial and federal policy of building railroads, roads, setting up experimental farms, and generally assisting development.  In any event, the Agent pointed- out that the -Indians were' in  such a situation that they could not afford to build irrigation systems, having families to support.  He pointed out that this Band had lost control  over i t s finances recently when the Department took over their management, and now the Band had no funds to carry out economic development.  - 102 -  The Agent told the Commission, that the Band was leasing out some grazing land to a white rancher for $1,500.00 per year and the Agent wondered where the money was going!  He said that i f the  people had that money they could use i t to construct their irrigation system.  He was told by Commissioner Shaw that:  The fact of the matter i s the former manager used to advance money to the Indians on behalf of the lease, but the Department stopped i t and the whole thing now goes to Ottawa (R.C.E., Kamloops Agency, p.150).  The federal policy in 1912 of completely taking over Band funds had the effect of draining the Band's finances.  The control of funds  by the Department stifled economic growth as much as the loss of water. The examination of the Agent switched to questions about the Indians'disaffection with the right-of-way of the C.N.P.R., which traversed the whole length of the reserve.  The Agent indicated that the  Native peoples' disaffection was rooted in the fact that the contract, as understood by the Band, had been broken.  The Agent stated that the  contract specified the width of the right-of-way the railway Company fenced off 100 feet.  to be 90 feet; however,  Furthermore, the railway was  pushed right through the village 'practically cutting i t in two'.  The  people had to remove 'their meeting house and several other buildings'. Also, a piece of swamp, hay land, which used to drain sufficiently early to be cut, no longer drained because the railway had blocked the natural drainage outlet of the field.  - 103 -  Finally, the Agent pointed out that the Indians agreed to the construction of the railway through their Reserve based on the understanding that i t was to be constructed along the river bank.  Had the  railway been so constructed i t would not have disrupted the village, the land usage, and taken so much valuable agricultural land out of production.  Instead, the railroad was built, contrary to agreement,  through the village, through farm lands and in addition an extra ten feet was taken.  To these complaints the Commissioners replied,  The only thing is that the arrangement made with the Indians and the arrangement made with the Department are different. Commissioner McKenna: What the Department should do i s to make them pay for the damages to the buildings, and I think i t is a matter for you, Mr. Smith, to take up with the Department (R.C.E., Kamloops Agency, p.155).  A final and significant point which was discussed with the Agent but never with the Band involved the issue of cut-offs; the Agent was asked what portion of the reserve could be cut-off without adversely affecting the Band. The Agent tried throughout the examination to point out that a l l the land was reasonably required by the Band. The questioning proceeded as follows:  The Chairman Q.  A.  Supposing i t was desirable to cut off that portion of the Kamloops Reserve between the village and the river that sandy portion I suppose that could be cut off without detriment to the Indians? It would be a detriment in this way - they get a small revenue in that sandy portion of the Reserve - the Contractors buy that sand from them at so much a load.  -  104  -  Mr. Commissioner MacDowell: How much would i t (the revenue) come to in a year? A.  The Chairman: Q.  Mr.  The  Mr.  The  Mr.  Possible $300.00 or $350.00.  In front of that there i s some property of the Reserve - You know here there is something that looks like a river bed on marshy land I suppose that is no good; we saw water on i t as we passed along? A. It i s good - they get hay from that. It overflows every year, and when the water receeds, they cut that meadow, and they use i t for pasturing their cattle. Q. Don't their cows get mired in it? A. No, i t i s not miry. Commissioner Shaw: That water was from the f a l l rains? . A. Yes. The water has always been out of that slough sufficiently early for them to cut that hay...The Canadian Northern has blocked the lower end of i t with their track, and there is not sufficient outlet for the water to flow off of i t . . . Chairman: Q. Supposing we should come to the conclusion that i t was proper to cut off a portion of that reserve; what portion could be cut off with the least detriment to the necessary requirements of the Indians? A. The portion that might be cut off, (and I might not be in favour of cutting off any), would be that portion lying east of the Industrial School. Commissioner McKenna: You said just now that i f land was to be cut off with the least detriment to the Indians — t o their reasonable requirements—it would be near the school. Now could any land be cut off without interference with the necessary requirements of the Indians? Chairman: Q. If I understand your answer, in your judgement a l l that reserve i s necessary for the reasonable requirements of the Indians? A. Yes. Commissioner MacDowell: Are they using a l l that Reserve? A. No. Q. Well then, i f they don't use i t , how can you say that i t is necessary for their requirements? A. That i s not a fair way to put the question. If they had the f a c i l i t i e s i t would be to their advantage to use that reserve. What facilities? A. Water and irrigation. Q. Can they get that? A. Yes. (-R.C.E., Kamloops Agency, p. 1-45-47)."  - 105 -  It i s evident that the views of the Agent concurs with the position stated by the Indians that external factors were responsible for the limitations of their economic growth and expansion.  The Agent  and the Indians maintained that white encroachment on their allocated water supply had hampered the Band's economic growth.  The Agent  testified that the Indians were unable to construct an irrigation system due to a lack of finances and this in turn was due the Department of Indian Affairs' control of Indian monies.  These and other factors led  to the curtailment of the Native peoples' capacity to u t i l i z e fully the potential of their lands.  It i s evident from the statements of the  Indians, thus far examined, that they were eager to develop their lands and expand their production. Considerating the difficulties faced by the Native people of Kamloops, they had done quite well in 1912.  They had  outfitted themselves with the necessary farm implements which they had purchased; they had grown 23 tons of wheat, harvested 105 tons of oats and pease, 6 tons of beans, 280 tons of potatoes, 80 tons of turnips, and 30 tons of miscellaneous vegetables.  According to the Agent, they had  500 horses and 123 head of cattle (The Indians estimated that they had 800 horses and 500 head of cattle).  They also cropped 710 tons of hay  and leased out a section of their grazing lands for $1,500.00 per year. Arable land, though productive, was small and amounted only to 6.19 acres per capita.  Relative to the other Bands, this Band was  fortunate in that i t s land was not divided into many small reserves; also, i t had reasonably large and good grazing land so that some Band members could pursue stock ranching to the exclusion of agricultural  - 106 -  pursuits.  The potentially arable land amounted to 10 acres per capita  (see Table 13).  The Agent classified the Band's 23,558 acres of pasture  land as being first class.  If that were the case, then one half of  the pasture lands could sustain about 1,200 head of cattle and the other half could sustain about 800 head of horses (see Tables 14 and 15). Even i f the Agent's or the Indians' claim as to the amount of stock are taken into consideration, the Band had room to expand their stock grazing on their pasture lands or to lease their 'excess' pasture lands.  They  chose the latter course, in a l l probability to raise finances and to preserve their level of surplus hay and grains for marketing. From the testimony of the Indians and the Agent, and the Data collected by the Commissioners, i t cannot be said that the Indians were willingly leaving their lands i n idle fallow.  9.  Kamloops Board of Trade Businessmen's Interest in the Commission  The Kamloops Board of Trade met with the Commissioners on October 20, 1913 in the Leland Hotel.  The members representing the Board  of Trade were H.T. Dennison, Secretary; Sgt. James A. G i l l , President, Mr. F.J. Fulton, K.C., and Captain Worsnop. The position of the Board of Trade was presented to the Commission by Mr. Dennison in the following memorandum:  whereas i t i s the opinion of the Kamloops Board of Trade that the continued use of the land on the North Banks of the Thompson River, held as an Indian Reserve i s not in the best interests of either the Indians, or the City of Kamloops, the Board desires to represent to the Royal Indian Commission here assembled:  Table 13.  Land C l a s s i f i c a t i o n o f the Kamloops Sand.  Estimated Acreage of C l a s s i f i e d Land  Agent's  Total Reserves  Acreage Surveyed  Estimate  of Crop Land  1,700  (1,000)  No. 1  33,131  No. 2  15  Fishing Station  No. 3  7  Fishing Station  No. 4  180  No. 5  46  Totals:  A g e n t ' s Estimate  Potential  Timber  Cut-Off  Unassessed  of P a s t u r e Land  Crop Land  Land  Land  Land  23,558 'good' 4,000 ' w o r t h l e s s '  2,800  (1,500)  1,720 (1)  1)  a per c a p i t a acreage o f 6.2 a c r e s ,  2)  a per c a p i t a acreage of 10 a c r e s .  11 ' p o o r '  23,558  713  180  75 Fishing Station  600  15  2,890  (2)  600  713  180 (over?)  Table 14.  Animals Owned by Kamloops Band and Land Required for Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  500 (800)  10,000  Cattle  123 (500)  1,745  Total :-  623  11,745  Table 15.  Pasture Land Possessed by Kamloops Band and Actual Number of Animals Supportable by That Land.  Animals Supportable on Land Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  Fair  Good  23,558  800  1,200  2,000  Total:-  23,558  800  1,200  2,000  - 110 -  1st. That the land is not well cultivated, or employed to proper advantage by the Indians; 2nd. That i t s close proximity to Kamloops i s not beneficial to either the Indians or the City; 3rd. That the development of Kamloops i s restricted by the reservation of this property; 4th. employed.  That the land should be more profitably  5th. That the prosperity of the Indians would be advanced by the sale of the land; and i t i s therefore resolved; That the Royal Indian Commission be requested to consider the advisability of recommending the sale of a l l , or at least 800 to 1,000 acres of the said land on the banks of the river opposite the City of Kamloops. Sgt. James A. G i l l , Pres.  Sgt. James A. G i l l , speaking on behalf of the memorandum, stated that the close proximity of the Reserve has been a 'burning question for years'.  He said that convictions of Indians for possession of liquor due to  accessibility, was increasing.  Since a white community would be built  around the new train station on the Reserve, the Board felt that the Indians should be removed from the increasing evil influences of whisky. G i l l testified that the Board thought i t "desirable that they (the Indians) should be removed as the land..., which i s not being used to any great extent, could be utilized for industrial purposes". Evidence,  Kamloops Agency, p.3).  (Royal Commission  Mr. Fulton, speaking on behalf of  the memorandum, also alluded to the increasing accessibility of liquor and the necessity of removing the Indians from such evil influences. He further rationalized the position of the Board by stating that, i n its opinion, 'not one-half  of the Reserve was being used properly and  'under modern conditions', he thought, the Indians should not be allowed  - Ill -  to 'hold back the development of the Province'.  He added that he  had seen white settlers come to Kamloops only to return to the ranges utterly disgusted because a l l the f e r t i l e land had been tied up presumably he meant in Indian Reserves. The Kamloops Standard reported that Commissioners J.P. Shaw and D.A. McDowell "expressed opinion that i t seemed feasible suggestion, that of removing the Indians further from the City, as their proximity to white men was demoralizing  (Oct. 21; 1913:1).  However, the Chairman  of the Commission told the Board of Trade that i t s requests were beyond the Commission's powers.  In any event the Commissioners agreed •,' ' to  cutting off 380 acres on February 11, 1915  (see Royal Commission Report,  1916:346, v . l ) . The position of the Board was not arrived at without some complaints and opposition.  The Board members criticised the Commission  for not giving them adequate notice of i t s desire to meet withfehemf. the Board also criticised the Commissioners for not clearly outlining why i t wanted to meet with i t s members. The Kamloops Standard on October 21, 1913,  reported on page one, that Capt. Worsnop and President  J.A. G i l l had expressed surprise that the meeting had not been properly announced. A day later, an editorial in the Inland Sentinal expressed more succinct views:  It was extraordinary enough that the Commission should seek a conference with the...Board on a public holiday; i t was extraordinary enough that the Commission should give such inadequate notice of their plan to v i s i t Kamloops; but i t is almost inconceivable that the Commission should neglect  - 112 -  to state why a meeting with the Board was desired. The result was that the members of the Board of Trade were rushed together, and, a l l unprepared, discussed a proposal initiated by the President that the Kamloops Indians by transferred from the present Reserve...After a great deal of acrimonous interchange of opinion the Board decided to recommend this removal of the Indians, and Mr. F.J. Fulton was deputed to enunciate the desirability of the step. This, however, proved an utter waste of time, for the chairman declared that i t was not within the purview of the Commission to make any such recommendations. (October 22, 1913:4).  The manner in which the Commissioners announced their desire to meet with the Kamloops Board of Trade i s significant especially i f i t is an indication of their procedure of establishing meetings with Indian people. The opposition which the Board met in drawing up its position came from the Indian Agent and from a minority of i t s members.  The  Kamloops Standard in reporting on the meeting at which the memorandum was drawn up, reported that the Indian Agent opposed the memorandum. Agent Smith, in arguing on behalf of the Indians, stated that the Reserve was being cultivated to the extent permitted by the supply of water. Mr. Smith objected to the request to have the Indians removed from their Reserve and he added "that money cut no figure; the Indians wanted the land and not the money".(Kamloops Standard, Oct. 21, 1913:1).  The Agent  also indicated to the Board that i t s request exceeded the powers of the Commission.  In response, the President, Mr. J.A. G i l l , "declared that  there were always.ways of accomplishing these things". Oct. 21, 1913:1).  (Inland Sentinel,  The members who opposed the memorandum were Capt.  Worsnop, J.M. Harper and Alderman McGill.  Capt. worsnop condemned the  - 113 -  memorandum as a mere land grabbing scheme. However, he pointed out that he would not mind purchasing the Reserve land i f the impetus to s e l l had come from the Indians. Aid. McGill maintained that the Indians were not a detriment to the city from a financial point of view because they spent a lot of money in the city.  J.M. Harper merely pointed out that  the Indians had never been treated fairly by whites and in any event Kamloops had a lot of room to branch out in without bothering the Indians. These objections were over-ridden by the majority of the members who were present and the memorandum passed without any alterations as i t was originally presented by the President. However, the Inland Sentinel published an editorial c r i t i c a l of the intentions of those behind the memorandum:  There i s no disguising the fact that consideration for the Indian did not stir the general run of those present at Monday's meeting, and the Indians' lack of enterprise was brought forward merely to show how Kamloops would benefit were the aborigine driven away and a townsite with stores and banks near the C.N.R. depot established, and the remainder of the land farmed by white men—from the East according to the recommendation of one speaker. This would be advantageous to the real estate dealer, to the banks and merchants, and to the white people generally, and might under certain circumstances be desirable. What treatment of the Indian in the transaction is to be expected, though, of a man who says that those discussing the matter need take no thought of the Indian as his interests are protected at Ottawa and Victoria? Such a man i s speaking either as a partizan against his conscience or in ignorance. Offences against Indians in land jobbery reek to Heaven; and the Attorney General of this Province has had to be restrained by the Dominion authorities in connection with Indian land transactions. (October 22, 1913:4).  - 114  The  above e d i t o r i a l i s i n many r e s p e c t s a commendable condemnation of  the l a n d grabbing  schemes c o n t i n u o u s l y  However, i t should restrain  experienced  o n l y under c e r t a i n c i r c u m s t a n c e s .  to the problem.  For  by both l e v e l s of Government, had of the E s a t e of P r a g n e l l and on the l a n d of other  people.  At times i t  example, the r a i l w a y company, backed the c h o i c e of b u i l d i n g on the  C o s i e r , which was  established i n  S e n t i n e l , Oct.  23,  lands 1909,  l a n d owners (see Boam, 1912:338), but  b u i l d on the I n d i a n Reserve (see I n l a n d 'The M a i l Bag).  by N a t i v e  be noted t h a t the f e d e r a l government moved to  'land j o b b e r y '  contributed  and  -  chose to  1913:4 -  They chose t h i s c o u r s e because the l a n d c o u l d be  as p a r t of the Government's l a n d g r a n t s below the market v a l u e of the l a n d .  obtained  to the r a i l w a y or at a p r i c e  P r i v a t e lands  c o u l d not  be  obtained  i n such a manner, w h i l e l a n d s under f e d e r a l j u r i s d i c t i o n c o u l d be  so  obtained.  The  T h i s i n my  view was  another form of l a n d s p e c u l a t i o n .  d i s r u p t i v e i n f l u e n c e . of the r a i l w a y has  a l r e a d y been d i s c u s s e d ;  not be argued that the b r e a c h of c o n t r a c t and t r a i n yard, of the  s t a t i o n and  t r a c k s on Band land was  the  i n the best i n t e r e s t s  Indians.  10.  Deadman's Creek Band  The 1913.  the c o n s t r u c t i o n of  i t could  The  Commission met  scope and  with  the Deadman's Creek Band on October  purpose of the Commission was  b r i e f l y explained  the p e o p l e by Commissioner White through I s s a c H a r r i s .  Once t h i s  was  29, to  - 115 -  completed, C h i e f Joe Tomma stood up and spoke about the p l i g h t of N a t i v e people, He a l s o touched  i n g e n e r a l , and the members o f h i s Band, i n p a r t i c u l a r . upon the response  o f t h e f e d e r a l a u t h o r i t i e s t o the  demands by t h e I n d i a n s to have t h e i r r i g h t s r e c o g n i z e d . to  answer any q u e s t i o n s about the c o n d i t i o n of t h e r e s e r v e and the  nature and extent of l a n d u s e on t h e r e s e r v e .  However, Jimmy T a y l o r  v o l u n t e e r e d t o be sworn i n and examined under oath. his  But, he r e f u s e d  Before I deal with  sworn evidence and t h a t o f t h e I n d i a n Agent, I would l i k e  C h i e f J o e Tomma's statement  to quote  because i t o u t l i n e s very w e l l the economic and  p o l i t i c a l p o s i t i o n o f N a t i v e people w i t h i n the s e t t l e r  state.  C h i e f J o e Tomma, s a i d : - My b r o t h e r s , you have known t h a t I have been poor f o r a long time. I t i s nine years ago s i n c e we s t a r t e d to s t a t e our g r i e v a n c e s , which a l s o went t o Ottawa ( a s i d e from London and V i c t o r i a ) . You c a n s e e the way I am s i t u a t e d here now. T h e r e f o r e a l l t h e I n d i a n s o f t h i s p a r t have gathered up what they have to say, and have sent i t t o Ottawa. I have been w a i t i n g f o r an answer t o what I have s a i d b e f o r e on t h a t account, t i l l the p r e s e n t time. The Chairman:- A r e you prepared t o g i v e a statement w i t h r e s p e c t t o your r e s e r v e s , as to how you use them and how you a r e s i t u a t e d ? A. NO ANSWER ( s i c ) . Mr. Commissioner McKenna:- What was the s u b j e c t which you brought t o t h e a t t e n t i o n of t h e Government a t Ottawa? A. The g r i e v a n c e s o f a l l t h e I n d i a n s i n B r i t i s h Columbia, t h a t the white man has s p o i l t ( s o c i a l l y r u i n e d ) us and l o c k e d us i n . The w h i t e men have taken a l l t h e l a n d and claimed a l l the water r i g h t s , and stopped us from h u n t i n g , f i s h i n g , e t c . (R.C.E., Kamloops Agency," p . 7 7 ) . :  T h i s statement  o f t h e Chief,'  j u s t as testimony  of other  spokesmen, i s an i n d i c a t i o n of t h e I n d i a n s r e a c t i o n to the devious  Native  - 116 -  p o s i t i o n of t h e f e d e r a l government.  I n order t o r e c o g n i z e r i g h t s of N a t i v e  p e o p l e _ a n d - r e c t i f y i n j u s t i c e s p e r p e t r a t e d a g a i n s t them, the F e d e r a l government would have t o oppose i t s own scheme to c o l o n i z e N a t i v e l a n d .  The  f e d e r a l government stood f o r c o l o n i a l i s m , and c o l o n i a l i s m i s a n e g a t i o n of t h e r i g h t s o f t h e c o l o n i z e d .  H i s t o r y has demonstrated t h i s to be a  f a c t of l i f e . The  testimony  of Jimmie T a y l o r c e n t e r s around t h e Band's  problems r e l a t e d t o water and range l a n d s . l a c k e d range l a n d , consequently,  He t e s t i f i e d  t h a t the r e s e r v e  they had t o enter i n t o a l e a s e  arrangement t o graze  t h e i r s t o c k on 'common' range l a n d l e a s e d by white  ranchers.  t o the witness  According  Indians were p e r m i t t e d  to use the  common range l a n d as p a r t of a l a n d l e a s e agreement entered Mr.  Smith-Curtis.  Apparently,  Mr.  Smith, had a d v i s e d  into with a  t h e I n d i a n Agent, Mr. I r w i n , who preceeded  t h e Band t o l e a s e 3,864 a c r e s  4,926 a c r e s ) o f good l a n d f o r 999 y e a r s .  (Agent Smith quoted  I n exchange the Band was t o  r e c e i v e $1,000.00 per year f o r t h e d u r a t i o n of the l e a s e and the use of 'common' g r a z i n g l a n d s .  I n a d d i t i o n , t h e l e a s e e was to c o n s t r u c t f o r the  Band a h i g h l e v e l d i t c h capable  of c a r r y i n g 200 "miner's i n c h e s " of water.  That amount o f water would have been enough t o i r r i g a t e f o u r to n i n e hundred a c r e s .  Through the l e a s e , t h e Band hoped t o augment  i r r i g a t i o n system(s) which was o n l y capable  of i r r i g a t i n g  their  150 a c r e s  (see T a b l e 1 6 ) . The  I n d i a n s had b u i l t  which r e p r e s e n t e d  t h i s system without  a l l the c u l t i v a t e d  government a i d ,  l a n d on t h e r e s e r v e due to t h e  d i f f i c u l t y o f o b t a i n i n g water;---, t h e i r dream t o expand t h e i r  economic  T a b l e 16.  Land C l a s s i f i c a t i o n  o f the Deadman's Creek Band.  Estimated Acreage of Classified Land  Total Reserves  N  o  i  Totals:  Acreage Surveyed  Agent's Estimate of Crop Land  20,134  150 ( 2 0 0 )  20,134  150  1)  a per capita acreage of 1.4 acres,  2)  a per capita acreage of 31.6 acres.  ( 1 )  .  Agent's Estimate  Potential  of Pasture Land  Crop Land  11,800 'poor'  4,500  11,800  4,500  (2)  (1,100)  Timber L a n d  —  Cut-Off  Unassessed ^  L a n d  4,926 (leased)  4,926  - 118 -  base vis-a-vis the lease proved to be an empty one.  The Indians  discovered that Smith-Curtis had not intended to honour the agreement. The witness described the way in which Smith-Curtis was able to deny the Band their ditch and the way the government responded to their complaints:  Q. A.  (by a Commissioner): Did you ever bring this under the notice of the Government? Yes, but I don't know whether they payed any attention to i t or not. He (Smith-Curtis) came back here last year and he said "you fellows have not got any stated time for me to dig the ditch," and he said he would give us the $1,000.00 with which we were to dig the ditch ourselves. We have found out since that this Company (B.C. Orchard Company) over here have digged a ditch for him, but he w i l l never dig our ditch (R.C.E., Kamloops Agency, p.80).  The Indian Agent, Smith, in his testimony to the Commission, stated that the $1,000.00 was a promise of compensation to go towards the improvement of the old ditch until such time as Smith-Curtis was prepared to construct the water system as agreed upon in the lease arrangement.  Leases could only be signed by the Department of Indian  Affairs and not by the Band.  The Department was solely responsible for  the lease agreement which in this case, can only be seen as fraudulent. While Smith-Curtis had refused to construct the ditch for the Band, as the Indians had expected, he had contracted with the Walachin Company to construct a flume which had already been completed prior to the arrival of the Commission.  This flume, which ran from one end of the  reserve to the other, was capable of carrying 750 "miner's inches" of water.  The water was destined to irrigate some 3,000 acres of land which  - 119 -  was planted in apples trees and was to have been divided into ten acre lots and sold to British  immigrants.  The Indians had, apparently, placed a lot of hope on the irrigation system, which had been agreed upon in the lease, to expand their meagre economic base on the reserve. was limited to ~1.4 acres  Without the water, the Band  per capita.of cultivable  land.  Their potential arable land of 4,800 acres, or an additional 31.6 acres per capita, would remain an unrealizable potential (see Table 16). The members of this Band augmented their meagre income by working as farm and ranch hands.  Ranching  on the reserve was questionable due to the  quality of their pasture lands'(see Tables 17 and 18). The small sample of problems confronted by this Band were undoubtedly problems which Chief Tomma and other chiefs had presented to the federal and provincial authorities.  Chief Tomma was very conscious  that a l l Native people lived under similar conditions and had suffered the same ill-treatment at the hands of interlopers such as the state and capitalist entrepreneurs.  11.  Cache Creek Band  The Bonaparte Band, and we w i l l later see, the Ashcroft Band, were classified as the most impoverished of the Agency.  The Bonaparte  Band lacked land and finances to build an irrigation system for the small amount of arable land i t had.  According to the Agent, these people were  very poor because " A l l the good land in that valley is held by white settlers" (R.C.E., Kamloops Agency, p.186).  Table 17.  Animals Owned by Deadman's Creek Band and Land Required for Pasturage.  Acreage of F a i r Pasturage Kinds of Animals  Number of Animals  Horses  300 (300)  Cattle  40 (25)  Total:-  340  Required to Sustain Stock  6,000  600  6,600  T a b l e 18.  P a s t u r e Land Possessed by Deadman's Creek Band and A c t u a l Number of Animals S u p p o r t a b l e by That Land.  Animals Supportable on Land Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Poor  Cattle  Total  11,800  236  295  531  11,800  236  295  531  Fair  Good  Total:-  -  122  -  The C h i e f o f t h e Bonaparte Band c l e a r l y understood the b a s i s of the p l i g h t o f h i s people.  This i s i l l u s t r a t e d  i n h i s statement to  the Commission:  I have no o b j e c t ( s i c ) i n w a i t i n g so long f o r t h i s Commission to come, but I have l e a r n e d and seen how my c h i l d r e n a r e poor, t h e r e f o r e I would l i k e t o say a few words. What I say i n r e g a r d s t o my c h i l d r e n , I guess you have seen i t y o u r s e l v e s as w e l l . I might say q u i t e a l o t , but when i t comes to the f i n e p o i n t , I am s h o r t of l a n d and i t i s hard to get water. We a r e not the o n l y ones t h a t have the same g r i e v a n c e s , but m o s t l y a l l the Indians a l l over t h i s p a r t have the same g r i e v a n c e s (RiCfFj. , Kamloops,.Agency, p.. 86)  An a n a l y s i s of the data c o l l e c t e d by the Commission his contention.  The Commission r e p o r t e d  t h a t t h i s Band had a t o t a l of  6,133.8 a c r e s o f l a n d and a p o p u l a t i o n of 186, per c a p i t a .  f o r 32 and 2/3  However, the Commission d i d not a n a l y s e  had  i t would have d i s c o v e r e d  0.9  a c r e s per c a p i t a (see T a b l e  acres  i t s data f o r i f i t  t h a t t h i s Band was o n l y capable 19).  supports  of u s i n g  The Band had an a d d i t i o n a l p o t e n t i a l  of 815 a c r e s but the Commission d e c l a r e d t h a t 350 a c r e s of t h i s land was impossible,  to i r r i g a t e .  T h i s l a n d was p o t e n t i a l l y c u l t i v a b l e o n l y i n  so f a r as the Band c o u l d r a i s e funds t o b u i l d an i r r i g a t i o n system. T h i s i t c o u l d not do. ^  comment made by t h e Commission i n d i c a t e s the s o c i a l and  economic c o n d i t i o n o f t h i s Band and, a l s o , t h a t the Commission was f u l l y aware o f i t s p l i g h t :  Table 19.  Land C l a s s i f i c a t i o n of the Bonaparte Band. Estimated Acreage of Classified Land  Total Acreage Surveyed  Reserves  No. 1  I  Agent's Estimate of Crop Land  Agent's Estimate of Pasture Land  Potential  Timber  Crop Land  Land  Cut-Off Land  Unassessed Land  2,057  80 (21)  No. 2  2,078  78 (24)  1,900 'poor*  200  100 . (over?  No. 3, 3a,  1,760  20 (4)  1,550 'poor'  250  60 (over?  No. 4  65  Fishing Station  No. 5  99.8  Fishing Station  No. 6  80  Fishing Station  Totals:  6,133.8  178  1)  mountainous terrain.  2)  a per capita acreage of 0.9 acre.  3)  a per capita acreage of 4.4 acres.  (2)  300  1,677  65  3,450  815  (3)  (1)  - 124 -  With the Bonapartes (the A s h c r o f t Band a r e ) , the most u n f o r t u n a t e l y s i t u a t e d I n d i a n s of the Kamloops Agency (Royal Commission Report, v . l , 1916:326).  T h i s Band was endowed w i t h 1,677 pasturage  and 1,900  pasturage'. accounts  a c r e s of l a n d which was c l a s s i f i e d  as  even f o r  'indifferent  The l i n e between the two c a t e g o r i e s i s v e r y t h i n .  f o r approximately  pasturage  a c r e s of l a n d u n f i t  fifty  per cent of the Band's l a n d .  of t h i s Band was p r a c t i c a l l y n e g l i g i b l e  (see T a b l e s  This The 20 and 21).  The C h i e f , c o n s c i o u s of the n a t u r e of h i s l a n d , put to the Commission 'a broad  r e q u e s t " f o r more l a n d " ' (Royal Commission Report,  v . l , 1916:333).  The Commission, i n f u l l knowledge of the c o n d i t i o n s of t h i s Band, responded t o the request by d e c l a r i n g t h a t i t was "not e n t e r t a i n e d " (Royal Commission Report, v . l , p.333). angered by the Commission's response i n not responding  to such apparent  to t h e i r r e q u e s t , and the Commission,  need, gave c l e a r i n d i c a t i o n t h a t i t  was not a c t i n g to s o l v e problems r e l a t e d Columbia. not aid  The Band c e r t a i n l y must have been  to I n d i a n a f f a i r s i n B r i t i s h  I t becomes i n c r e a s i n g l y c l e a r t h a t the Commission was  to understand  designed  and a l l e v i a t e the p l i g h t of the N a t i v e people, but to  the s t a t e t o c o l o n i z e and s e t t l e the l a n d .  To have p o s i t i v e l y  responded to the r e q u e s t of the I n d i a n people would have been, i n the s t a t e ' s view,  ,  d i s r u p t i n g and impeding s e t t l e m e n t of the l a n d .  In o r d e r to s u r v i v e these I n d i a n s had to seek work o u t s i d e of the Reserve.  T h i s proved  l o o k i n g i n o t h e r channels Commission  f r u i t l e s s , as the I n d i a n Agent s t a t e d "they a r e for their  support and can't f i n d  E v i d e n c e , . Kamloops Agency, p.186).  A field  i t " (Royal  i n which the  I n d i a n s i n t h i s and other areas had e a r l i e r p l a y e d a s i g n i f i c a n t  role  T a b l e 20.  Animals Owned by Bonaparte Band and Land Required f o r Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  272  5,440  Cattle  20  300  Total :-  292  5,740  Table 21.  Pasture Land Possessed, by Bonaparte Band and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Poor  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  3,450  65  86  151  3,450  65  86  151  Fair  Good  Total:-  - 127 -  was in freighting.  However, they were being forced out of the business  as white freight managers began to contract only with white freighters. This situation was likely brought about by pressure from the white transport workers union which had been established in this area in 1903 (Year Book of B.C.,  1903:330). The sudden increase in the immigrant  population, in this era, had placed a premium on jobs and on farm lands and as a result whites favored whites, resulting in the economic subordination of Natives and other colored peoples in the province. Tenas Lapp, a Band member discussed the problem faced by Indians in getting freighting contracts. He responded to Commissioners McKenna's questions as follows:  Commissioner McKenna: Do you do any freighting at all? A. The Indians used to freight a long time ago, but the whites have made regulations so that the Indians cannot haul freight. Q. Who made these regulations? A. They were made in Ashcroft. Q. Have they a freighter's Union there? A. I don't know. Q. If an Indian went down to Ashcroft with a wagon, and someone wanted him to take freight down for him, would anyone stop him from hauling that freight? A. No, i f an Indian was sent from here with freight he could take i t alright, but they could not enter the business on their own account. When an Indian hauls a load he is charged $5.00 for a license before he can take a load of freight (R.C.E., Kamloops Agency, p.94).  The Indian Agent's comment about the Ashcroft Band was also applicable to the Cache Creek Band. He stated "If debarred from teaming there is nothing to keep these Indians alive"  (R^C.R., v.1,19]6:326)  - 128 -  In short the poverty of the Bonaparte Band was due to the shortage of land, due in turn, to alienation of a l l the good land by settlers, racist hiring practices, and the lack of finances to build an irrigation system to be able to use the meagre acreage which was 'reserved for them' by the state.  12.  Ashcroft Band  The manner in which the Ashcroft Band had become underdeveloped economically, was different in some respects from the Bonaparte Band. Originally, the Ashcroft Band had successfully farmed i t s land. However, as white settlers moved in, the Band began loosing land and more devastatingly, water.  These difficulties were compounded by the fact  that they, too were being 'pushed out' of the freighting business. The story behind the loss of this Band's water supply was told to the Commission by Chief Francois Scotty. two sources.  He stated that Band had lost  First, they lost to a Mr. Steve Tingley, who had appropriated  a small spring which the Band used to irrigate 20 acres. cement flume and completely diverted a l l the water.  Tingley built a  Scotty stated that...  We had a spring down the road here, with which we used to irrigate 20 acres..., and we had very good crops. When John Creek was there he used to borrow water from us. Since Steve Tingley took over the ranch he has built a cement flume, so that we cannot get a drop of water (R,C.E., Kamloops Agency, p.104). . ;  - 129 -  From borrowing a portion of water the ranchers had shifted to out-right appropriation of a l l the water. The inevitable corollory to the loss of water was disuse of the land. The other source of water, McLean's Lake, which had also been lost to the settlers, had a more profound effect.  The Ashcroft Band had been  allotted a lake at the time their reserve was established by Judge O'Rielly, so that they could cultivate land which would otherwise have no value without water. The Indians explained to the Commission that a white rancher had taken i t upon himself to dam up the outlet of McLean's Lake even though the lake was within the middle of McLean's Lake Reserve No. 3; the consequences were, primarily, the loss of a main source of water for irrigation and secondarily, the flooding of 'a rich f e r t i l e plateau' rendering the land useless.  A Band member, Samson, indicated that since  the dam was built they were not permitted use of the water. They were compelled ..to pack their drinking water from a great* distance.  Samson  pointed out:-:  They have damned McLean's Lake and have stopped us from getting water water there, and even when they have finished irrigating..., they might turn i t in to us, but instead of doing so, we have to walk half a mile for drinking purposes (R.C.E., Kamloops Agency, p.105). • '  Another witness, Waskin, the acting Sub-Chief, was sworn in and examined under oath by the Commission. Chief just after the dam had been built.  This man, i t appears, became In response to the Commission's  questions about the construction of the dam, he had this to say:  - 130 -  Commissioner White:- Do you know a n y t h i n g about the dam t h a t was b u i l t a t McLean's Lake? A. No, I don't know a n y t h i n g about i t , because when t h i s dam was put i n , Harry C o r n w a l l was c h i e f , and I have not been C h i e f v e r y l o n g . Q. You do not know what b a r g a i n was made? A. No. Q. When you were C h i e f , d i d you ever o b j e c t t o the dam b e i n g put i n there? A. Yes, I o b j e c t e d t o i t always. I d i d not want the dam t h e r e . Q. D i d you complain t o anyone about i t ? A. I t o l d the I n d i a n Agent t h a t I d i d not want the w h i t e men to go and put the dam t h e r e . Q. What was t h e name o f t h e I n d i a n Agent? A. Mr. I r w i n . Q. D i d you ever complain t o the p r e s e n t I n d i a n Agent? A. Yes... Q. Do you know who put the dam there? A. Barclay. Q. D i d you ever complain to B a r c l a y about i t ? A. No, I d i d n o t , we always depended upon f o r I n d i a n Agent t o do t h a t f o r us (R.C.E., Kamloops Agency; pp.114-115).  The I n d i a n Agent, Mr. I r w i n , who was r e p l a c e d by Agent Smith j u s t p r i o r t o t h e i n a u g u r a t i o n o f the Commission, was the same Agent who a d v i s e d t h e Deadman's Creek Band to accept Smith-Curtis  lease.  p r o v i n c i a l government  the f r a u d e n t l y m i s l e a d i n g  These p r a c t i c e s c o u l d be c a r r i e d on s i n c e t h e d i d not r e c o g n i z e the water r i g h t s of N a t i v e  The I n d i a n Agent f o r L y t t o n i n h i s testimony  people.  t o the Commission, o u t l i n e d  some o f t h e problems c o n f r o n t i n g the I n d i a n Bands r e g a r d i n g t h e i r water r i g h t s by s t a t i n g :  - 131  A.  -  In regards to water throughout my agency, but not o n l y my Agency but throughout a l l the Agencies where i r r i g a t i o n i s c a r r i e d on; t h e p r o v i n c i a l government i s working a good scheme, but a t the p r e s e n t time they seem to have l e f t the I n d i a n Records out a l t o g e t h e r , and I would l i k e to suggest t h a t i t would be a good t h i n g i f the matter were taken up by the Commission and p o i n t e d out to Ottawa the a d v i s a b i l i t y of a p p o i n t i n g an Engineer to l o o k a f t e r the water r e c o r d s . . . i f t h e r e was an engineer who c o u l d take h i s i n s t r u c t i o n s from the C o m p t r o l l e r of Water Records and the I n d i a n Department i t would f a c i l i t a t e matters v e r y much not o n l y f o r the Agents but a l s o f o r the Indians.  Q.  Mr.  Mr.  Mr.  T h i s i s a q u e s t i o n of a d v i s i n g the I n d i a n s as to the best means f o r u t i l i z i n g the water? A. Yes, the p r o v i n c i a l Government a r e having s u r v e y o r s going round and s u r v e y i n g the l a n d s t h a t w h i t e men have taken and they a r e l e a v i n g out the lands of the I n d i a n s a l t o g e t h e r - our r e c o r d s up to the p r e s e n t a r e not r e c o g n i z e d by them. Commissioner Shaw: Is not Mr. Cochrane l o o k i n g a f t e r them? A. He i s o n l y l o o k i n g a f t e r the r e c o r d s f o r them. Q. They don't make any p r o v i s i o n s to get the water to the l a n d . A. No. Commissioner McKenna: I s not the Water R i g h t s Branch here c o - o p e r a t i n g w i t h the Dominion Government? A. No... Commissioner McKenna: What does the p r o v i n c i a l Government engineers do as to the water r e c o r d s of the white s e t t l e r s ? A. They c o n t r o l the water, how i t i s to be used and the q u a l i t y t h a t i s allowed them f o r the land they have under c u l t i v a t i o n . Q. Have they no r i g h t to do a n y t h i n g on the r e s e r v e s ? A. They c l a i m they have no r i g h t to do a n y t h i n g on the I n d i a n r e s e r v e a t a l l . . . (R>C,E, ,Lytfon" Agency, pp.115-16)  The  I n d i a n Agent from L y t t o n a l s o p o i n t e d out t h a t he had r e c e i v e d  numerous complaints  from w h i t e s  because of these complaints  t h a t Indians were wasting  water  and  he f e a r e d the engineers would c u t - o f f or cut  back the water from the Bands.  The  f a c t of the matter was  that s e t t l e r s  - 132  -  were taking water even i f i t was within the boundaries of reserves. The Chairman of the Commission in summing up the Commission's meeting with the Ashcroft Band expressed surprise at the manner which the Band lost i t s water:  THE CHAIRMAN: Addressing the Indians: "Some matters have been brought under our notice today which have been rather a surprise to us, that i s , with respect to the manner in which the water seems to have been cut off from these reserves. It may be alright according to the law, but I do not know how the law in these parts is as regards this matter. However, I think the Indian Agent should look into i t , which no doubt he will do I have no doubt that the Commission w i l l , in due time make representations to the Government at Ottawa, upon the subject, so that i f a wrong has been done with respect to these reserves, the Indian Agent w i l l be instructed to permit no such wrong to be done in the future without taking proper steps to prevent i t . " (E.C.E.-, Kamloops Agency, p.115)  Oddly, the statement by the Chairman does not denote any intention to recommend to Ottawa that the past injustice should be corrected; he only states that the Indian Agent should in the future prevent such injustices. The loss by this Band of i t s water and the use of i t s f e r t i l e plateau represented a c r i t i c a l aspect of the on-going  usurpations of the  Natives' means of production and subsistance. Chief Francois Scotty testified that the Ashcroft Reserve was at one time connected with the McLean's Lake Reserve.  However, he pointed  out that settlers had come in, since the reserve was set up, and taken portions of land from the reserve, thereby, leaving them very l i t t l e pasture land:  - 133 -  Mr. Commissioner White: What is the pasture like on these reserves? A. Our pasture land i s not very big, on account of the white people cutting off portions of i t . Q. Do you mean to say that the white men have cut off portions of the reserve? A. Yes, the reserve that Judge O'Rielly gave us the white men came and cut off portions of i t . That reserve used to run from Ashcroft to McLean's Lake. Mr. Commissioner MacDowell: Did you s e l l any portion of it? A. No, we never sold any of i t ( R.C.E., Kamloops Agency, p.109).  The Chief's contention that the Band lacked pasture land is supported by the data which the Commission had gathered.  The Commission  classified this Band's Reserve No. 2, the reserve with the pasture land, as having 2731 acres with 'pasturage limited' (see Tables 22 and 23). Yet, this acreage formed the backbone, a very weak backbone, of the Band's pastureland.  In any event, this Band could have had sufficient pasture  land but i t would have been useless without i t s complementary hay fields. According to the data gathered by the Commission the Band had a total of 496 acres under cultivation - 5.9 acres per capita (see Table 24). The Indian peoples' capacity to farm the land was not the only means of subsistance which was being curtailed.  They were being forced  out of the freighting business and, ultimately, out of developing a Native freighting company. The prevalence of horses amongst Native people indicates their past involvement in the business of freighting goods and supplies.  Table 2 2 .  Animals Owned by A s h c r o f t Band and Land Required f o r Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  54  1,080  Cattle  5  75  Total:-  59  1,155  Table 23.  Pasture Land Possessed by Ashcroft Band and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  720  14  18  32  Fair  3,234  81  108  189  3,954  95  126  221  Good  Total:-  Table 24.  Land C l a s s i f i c a t i o n  of the A s h c r o f t Band,  Estimated Acreage of Classified Land  Total Reserves  Acreage Surveyed  Agent's Estimate  Agent's Estimate  Potential  Timber  of Crop Land  of Pasture Land  Crop Land  Land  770  50 (20)  720 'poor'  No. 2  3,470  446 (10)  2,731 ' f a i r '  1,000  No. 3  1,003 (1)  503 ' f a i r '  200  Totals;  Land  32  No. 1  No. 4  Cut-Off  307  5,550  496  (2)  1)  300 acres c l a s s i f i e d as useless.  2)  a per capita acreage of 5.9 acres.  3)  a per capita acreage of 14.29 acres.  3,451  1,200  (3)  32  Unassessed Land  - 137  -  Under the examination of McKenna, the C h i e f t e s t i f i e d  that  even though the I n d i a n s took out l i c e n s e s to f r e i g h t goods the f o r w a r d i n g Agent a t A s h c r o f t would not permit them t o h a u l goods:  Q. A.  Do you do any teaming a t a l l ? The boys s t a r t e d i n teaming. They took out a l i c e n s e and j u s t went one t r i p when the white men t o l d them they c o u l d not do any more. S i n c e then you have not done any more? Yes...because the white men won't g i v e us any teaming t o do. Who won't? The f o r w a r d i n g Agent a t A s h c r o f t (R-.C.E. , Kamloops Agency, p.110).  Q. A. Q. A.  The I n d i a n Agent debarred from teaming  explicitly  stated  t h a t i f these people  t h a t they would s t a r v e to death, a  were  likely  outcome, s i n c e deseases such as t u b e r c u l o s i s , whooping-cough, b r o n c h i t i s and a l c h o l i s m a r e l i n k e d Commissioners  to the s o c i a l and economic c o n d i t i o n .  commented on the p l i g h t of the N a t i v e people by  t h a t they were the 'most u n f o r t u n a t e l y s i t u a t e d I n d i a n s ' . and the m i s f o r t u n e of a l l N a t i v e p e o p l e was were s i t u a t e d , but of how  13.  they were e x p l o i t e d and  stating  Their misfortune  of where they  oppressed.  Cook's F e r r y Band  The Cook's F e r r y Band was r e s p o n s i b l e f o r Reserve The man  not a r e s u l t  The  who  was  Nos.  comprised of two p o r t i o n s .  1 through 7 was  c h i e f of the Reserve Nos.  Oregon J a c k Reserve, was  Johnny Whitmetea  The  Chief  (sic).  8 through 15, as w e l l as the  Johnnie T e t l a n e t e a ( s i c ) .  For the sake of  - 138 -  convenience, I w i l l deal with each section of the Band as outlined above, but only after I have dealt the statements of each of the chiefs. The f i r s t speaker was Chief Johnny Whitmetea.  He outlined  the historical and changing relations between the Indians and the settlers, and the establishment of reserves:  ...the Government of Victoria had taken a l l the outside land and claimed i t as theirs. They have taken possession, and sold our land, and that is how we are so poor. Everything that was on the land they have taken possession of i t and we have been very sorry about i t . Now we hear again lately that the Victoria Government has said "We own a l l the reserves; any day that we feel inclined, why we w i l l turn you out" (R,C.E.^ -Kamloops Agency.., p.1-17) .  The origin of the Chief's concern, expressed in the latter part of his statement, undoubtedly derived from the politicans, settlers, and newspapers who clamoured for appropriation of reserve land.  Indians  here responded to the 'rumor' that the province had asserted control over the reserves by organizing themselves into a committee.  This committee  travelled to Ottawa and Victoria to seek answers and to discuss the Land Question.  The officials at Victoria, after hearing their case, simply  told them that they, the Indians, were wards of the Queen and they, themselves, were servants of the Queen and that everyone must wait for an answer from the Queen. The Chief told the Commission that ever since then they had been waiting for a reply.  - 139 -  Chief Titlantea also indicated his concern over the notion that the Victoria government was going to take over the lands in the reserves.  The speaker recounted how Indians went to Ottawa and met  with Prime Minister Borden.  The Prime Minister responded to their  questions by stating that since he was a new o f f i c i a l , he could not give them an answer. They were told to go home and wait for a response.  The  Chief concluded his testimony in the following manner:  Since then we have been waiting to hear from him and have written to him since, quite a number of times (R.C.E.-, Kamloops Agency, p. 119).  The statements and actions of the Indians indicate that they were not willing to give the land in the reserves to the province or to stop seeking a solution to the question of sovereignty to the land in the Province. Let us turn to the nature of their land use and see whether or not that the contention of the Chiefs that they were an impoverished people,is supported by the data of the Commission. The reserves, of which Johnny Whitmetea was chief, were mainly small plots of land scattered about the valley near the confluence of the Nicola and Thompson River. These people could not feasibly develop their land because of the small size and a lack of water (see Table 25).  In  some of their reserves, they had lost some of their tillable lands either to slides and to the Canadian Northern Pacific Railway Company.  On  reserve.Nos. 2 and 3, the railway company had not bothered to go around the garden plots.  The Chief testified that he had lost a garden plot  Table 25.  Land Classification of the Cook's Ferry Band-A. Estimated Acreage of Classified Land  Total Reserves  Acreage Surveyed  No. 1  21.34  No. 2  55 106.56  No. 4, 4a, 4b  150.56  1.34  2,008/5  No. 7  218  of Pasture Land  Potential  Timber  Crop Land  Land  Cut-Off Land  (4)  2,399.84  Land  8.95 50 (1)  15  200 15 (3)  261.34  Unassessed  20 'poor'  12.8  120  34  1,008  800  (2)  200 'poor'  1,378  834  I—1  o  30 (10)  40  No. 6  Totals:  of Crop Land  Agent's Estimate  Fishing Station  No. 3  No. 5, 5a  Agent's Estimate  (3)  21.75  1)  balance of land c l a s s i f i e d as useless.  2)  a per capita acreage of 2.4 acres.  3)  a per capita acreage of 7.7 acres.  4)  I cannot account for discrepancies between the figures given by the Agent i n his testimony and those f i n a l l y recorded i n the Report of the Commission.  - 141 -  ten feet long and forty feet side.  This may not seem very substantial  except for those people who were forced to live on very small amounts of arable land. Reserve Nos. 4, 4a and 4b were basically suitable for a village site and pasturage.  Reserve Nos. 5 and 5a, constituting a  combined acreage of forty acres was reportedly very f e r t i l e and productive at one time.  However, the land had fallen into disuse because  a settler had appropriated the water supply.  A witness testified that  ...Years ago the Indians used to get very good crops off those two Reserves, when we had plenty of water, but since the white men took the water, we have not done half as well ( R.G.E.. Kamloops Agency, p.124).  Of a l l the reserves which these people had, Reserve No. 6 could have been the foundation for developing a reasonably viable economic base. The Indian Agent under sworn testimony indicated that approximately 1,500 acres was excellent bottom land suitable for cultivation.  However, the  people were only able to u t i l i z e 80 acres but not without increasing difficulty because they were losing their water.  To attempt to remedy  their problem, Agent Smith examined a stream nearby with the intention of building a dam to store water for irrigation purposes.  Apparently he  approached the Department of Indian Affairs in search of funds to carry out his plans; however, the Department would not 'entertain the cost of constructing' the dam (Royal Commission Evidence,  Kamloops Agency, p.193).  Two or three years prior to 1913, the Indians had been cultivating the 80 acres with increasing success.  However,  a Mr. Curnow claimed prior  record to the water which the Indians had been using. The loss of water impoverished these people.  The Indian Agent in his testimony told the  - 142 -  Commission  t h a t he had  ...made arrangements w i t h him (Mr. Curnow) l a s t year through which he gave them some water s u f f i c i e n t t o r a i s e a s m a l l p a t c h of p o t a t o e s t h e r e . I t i s too f i n e a v a l l e y to a l l o w i t to go t h a t way. These I n d i a n s , among them, they have q u i t e a l o t of cattle. They had a l o t a few years ago but they l o s t a good many, w i t h t h e r e s u l t t h a t they a r e p o o r l y off. They a r e v e r y n e a r l y as bad ( o f f ) as the A s h c r o f t Band (R.C.E., Kamloops Agency, p.193).  8  Reserve No. classified  7 had 218 a c r e s of l a n d , of which the Agent  200 as poor, stony, h i l s i d e p a s t u r a g e .  home of t h r e e a d u l t s and f o u r c h i l d r e n .  T h i s r e s e r v e was  From t h i s l a n d they  the  claimed  they had f o r m e r l y carved out a meagre s u b s i s t a n c e on 3 a c r e s , growing p o t a t o e s and hay.  Even t h i s became i m p o s s i b l e a f t e r the r a i l w a y company  d i v e r t e d t h e i r water.  Apparently,  the Canadian P a c i f i c Railway  had  b u i l t a flume a c r o s s the Thompson R i v e r and a p p r o p r i a t e d the water to fill  i t s water tanks f o r the steam  locomotives.  The data c o l l e c t e d by the Commission  indicate  t h a t the land  which t h e I n d i a n s were a b l e t o use amounted t o 2.4 a c r e s per c a p i t a (see T a b l e 25), Agent. 0.47  that: i s , i f we go by the f i g u r e s presented  by the I n d i a n  A c c o r d i n g t o the f i g u r e s p r o v i d e d by t h e I n d i a n s they had  a c r e s per c a p i t a .  acres per c a p i t a .  The p o t e n t i a l l y c u l t i v a b l e land amounted to 7.7  T h i s Band had no timber  pasturage was a l s o meagre. classified This l e f t  They had 1,378  220 a c r e s as poor, stony, 1,178.56 a c r e s of f a i r ,  l a n d t o speak about and a c r e s , of which the Agent  i f n o t w o r t h l e s s , even f o r p a s t u r a g e .  l i g h t l y timbered  s i d e h i l l pasture land.  - 143 -  These people had 470 horses and 310 cattle; however, the figures are not that clear.  By utilizing the guidelines established in 'Appendix -B,  f i f t y per cent of these people's pasture land could sustain only 28 head of horses; the other f i f t y per cent of their pasture would have been able to sustain only 34.5 head of cattle (see Tables 26 and 27). It is obvious that these people lacked pasture land.  The shortage of  such land and loss of their water obviously formed the basis for deterioration of their stock which the Indian Agent reported in his testimony.  14.  Reserve Nos. 8 and 15 (Chief Titlantea's Reserves  The people on Reserve No. 8 and 15 had developed a broad reputation for their agricultural produce whereas the people on Reserve Nos. 1 to 7 had formerly excelled in raising stock. The mainstay of this general portion of the Cook's Ferry Band rested on their No. 9 Reserve-Pemymoos.  Their other reserves were  either covered by swampy lakes, providing some swamp hay, or lacked water.  PemynDos Reserve had excellent s o i l for growing grains, fruits  and vegetables.  These people, as had other Natives, received a letter  of excellence for their beans, potatoes, oats and wheat at a Chicago Exhibition.  The Indians, according to the Indian Agent, had 400 acres  under cultivation on Reserve Nos. 9 and 11. Also, they had 800 acres "cultivable open land with f a c i l i t i e s for irrigation (which) w i l l be  Table 26.  Animals Owned by Cook's Ferry Band-A and Land Required for Pasturage.  Acreage of Fair Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  470  9,400  Cattle  310  4,650  Total:  780  14,050  Table 27.  Pasture Land Possessed by Cook's Ferry Band-A and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Poor  Fair  220  Cattle  Total  4.4  5.5  9.9  1,178  24.0  29.0  53.0  1,398  28.4  34.5  62.9  Good  Total:-  - 146 -  utilized i f better road f a c i l i t i e s can be secured" (Royal Commission Report, v . l , 1916:318; see also Table 28).  As the Indian Agent revealed,  the Indians productive capacity was curtailed by a lack of road facilities.  Without a road, they found i t d i f f i c u l t to market their  produce, for they had to bring i t out by pack horses and i t often arrived at the market late and damaged. Consequently, the Indians would not receive the price for their produce which they might have otherwise obtained.  The Chief, under sworn testimony, disclosed that he had  complained to Agent Irwin about the necessity of a road.  He had told  the Agent that they were compelled to use packhorses, as they had done 100 years ago, even though there were now trains. roads f e l l on deaf ears.  Their requests for  Agent Smith, under examination by the Commission,  explained to the Chairman why the Indians could not get their road:  (Chairman) That i s the place where they say they have no road? A. Yes, they have to pack a l l their fruit and produce out on horseback. Q. Is there no way of stopping that - could they not have representation made to get them proper roads? A. Yes, I have had Mr. Griffiths estimate the cost of building this 5% miles, and he estimates the cost would be about $3 000.00, and the suggestion was, that i f the Department would contribute \ of the amount, they (the provincial government) would build the road. Q. Did you bring that matter under the notice of the Department? A. They informed me that they had no funds to apply for that purpose, and this year I took the matter up again, and I was informed by the provincial government that THEY REFUSED TO CONSTRUCT IT, BECAUSE NO ONE WOULD BE USING IT BUT THE INDIANS, AND THAT IS THE REASON THEY WOULD NOT BUILD IT (Royal Commission Transcript, Kamloops Agency, p.196). ;  Land C l a s s i f i c a t i o n of the^Cook's  Table 28.  F e r r y Band-B.  Estimated Acreage of C l a s s i f i e d Land  Total eserves  No. 8, 8a  Agent'8 Estimate  Agent's Estimate  Potential  ' Timber  of Crop Land  of Pasture Land  Crop Land  Land  Acreage Surveyed  29.8 4,507.8  No. 9 No. 10  22  No. 11, 11a  369  No. 12  395  No. 13, 14 No. 15  Totals:  250 (70)  150 (10) (1)  1,115 520  1)  over 100 acres covered by lake.  2)  a per capita acreage of 15 acres.  3)  a per capita acreage of 66 acres.  3,457 ' f a i r '  416 > C2  Land  —,  4 (over?)  214 'poor'  140  320 'poor'  75  805 'poor  1  310  300 ' f a i r '  220  5,106  Land  Unassessed  35-40Z firewood  800  10 'poor'  16  6,958  —  29.9  Fishing Station  Cut-Off  235 (over?)  1,674 > (3  Table 29.  Animals Owned by Cook's Ferry Band-B and Land Required for Pasturage.  Acreage of F a i r Pasturage Kinds of Animals  Number of Animals  Required to Sustain Stock  Horses  217-242  4,340-4,840  Cattle  HO  1,650  Total:-  327 to 352  5,990 to 6,490  Table 30.  Pasture Land Possessed by Cook's Ferry Band-B and Actual Number of Animals Supportable by That Land. Animals Supportable on Land  Kinds of Pasture  Acreage Possessed  Committing Half to Cattle and Half to Horses  Horses  Cattle  Total  Poor  1,349  27  34  61  Fair  3,757  94  125  219  5,106  121  159  280  Good  Total:-  - 150 -  The road  d e c i s i o n o f the two l e v e l s of government not t o b u i l d a  f o r the Indians,  even though t h e Indians were s t r u g g l i n g to use  t h e i r lands t o t h e best of t h e i r c a p a b i l i t i e s , demonstrates that the governments' concern was something other to p r o s p e r .  than i n a s s i s t i n g t h e Indians  The f e d e r a l government, i n denying Johnny Whitmetea's  people t h e i r dam and C h i e f T i t l a n t e a ' s p e o p l e t h e i r road, construed  as l i v i n g up t o a d e s i r e t o a s s i s t  the Indians  c o u l d not be to r e a l i z e  p o t e n t i a l i t i e s o f t h e i r l a n d , e s p e c i a l l y , s i n c e i t gave o u t r i g h t g r a n t s of m i l l i o n s o f d o l l a r s to t h e C.N.P.R. and the G.Tr.P.R., along m i l l i o n s o f a c r e s of l a n d .  Oddly enough, t h e t e r m i n a l s ' of these  l i n e s were o f t e n on I n d i a n r e s e r v e s . a r e F a l s e Creek i n Vancouver, j u s t t o name a few.  with railway  The examples which come t o mind,  P r i n c e George, Kamloops and P r i n c e Rupert,  Furthermore, t h e f e d e r a l government was a b l e to  a p p r o p r i a t e from Department funds $76,400.00 t o f i n a n c e t h e o p e r a t i o n of the Commission i n the y e a r s Annual Reports, The  of 1914-15  (Department o f I n d i a n  Affairs  1914/15:176).  p r o v i n c i a l government's reason  f o r not c o n s t r u c t i n g the  road d i r e c t l y c o n t r a d i c t s i t s n o t i o n t h a t N a t i v e people were r e s p o n s i b l e f o r the i d l e waste o f t h e i r l a n d .  While the p r o v i n c i a l government was  r e f u s i n g to b u i l d roads f o r N a t i v e people, press,  t h a t i t had spent  throughout the p r o v i n c e .  i t was b o a s t i n g ,  $10,000,000.00 f o r improving An a r t i c l e  through the  roads and wharves  i n the Kamloops Standard quoted a  member o f the p r o v i n c i a l government as s t a t i n g :  - 151 -  "It has been a year of general and substantial development in a l l branches," said Hon. Thomas Taylor, ..."and there is no part of the province where settlement exists in which some work of improvement has not been undertaken" (The Kamloops Standard, Jan. 2, 1914:1).  The provincial government outlined the philosophy behind its plans and works in developing the province:  Asked about the race problem...in British Columbia, Sir Richard replied that British Columbia was a white man's country, and he was doing his best to keep i t such. Sir Richard stated that, although land prices in the west were generally thought to be high, there were s t i l l many: thousands of acres open to the settler which the government would be glad to give him and the government is doing a l l in i t s power to open up this grand country so as to make l i f e easier and pleasant for the newcomer (Kamloops Standard, Nov. 4, 1913:1).  The provincial government's notion that Native people held excessive acreages which were lying in idle waste, does not hold up under scrutiny. On the contrary, Native people were struggling to u t i l i z e their land but because of the province's disregard for Native rights and the complicity of federal authorities, Native land could not be rendered productive.  15.  Summary and Assessment of the Commission's Decision for A l l the Agencies in British Columbia  The Commission's activities covered the whole province, collected four volumes of statistics, and a .volume-of Evidence for.'  It  - 152 -  each of the fifteen Agencies in the province. The deliberations of the Commission over the Kamloops Agencies resulted in i t ordering a cut-off of 3,498.53 acres of land valued at $130,814.40. The average value of the land ordered cut-off amounted to $37.39 per acre.  By the same token, the acreage of land ordered by the  Commission to be constituted as new reserve land amounted to only  1,477  acres valued at $7,385.00, with an average value of $5.00 per acre.  The  minimum amount of quality land in the Kamloops Agency on which the Indians were trying to subsist was greatly reduced by the decisions of the Commission. Throughout the whole province, in a l l fifteen Agencies, the lands ordered cut-off by the Commission far exceeded the value of land added and hence reduced the quality of reserve lands. The Commission ordered 47,055.49 acres cut-off, from a l l fifteen Agencies, which had been valued at $1,347,912.72 to $1,533,704.72; the average value per acre of that land ranged from $26.52 to $32.36. In contrast, the acreage of land ordered to be constituted as new reserve lands amounted to 87,291.17 acres valued at only $444,838.80, with an average of $5.10 per acre (Royal Commission Report, 1916:177). The Indians objected to the decisions of the Commission on the grounds that the federal and provincial governments lost nothing and the real losers were the Indians.  They also objected to the legislation  which enabled the governments to adopt the findings of the Commission.  - 153  -  "The Order i n C o u n c i l s t a t e s t h a t the I n d i a n s s h a l l a c c e p t the f i n d i n g s of the Royal Commission as approved by the Governments of the Dominion and the P r o v i n c e , as a f u l l a l l o t m e n t of r e s e r v e l a n d s , and f u r t h e r , t h a t the P r o v i n c e , by g r a n t i n g s a i d r e s e r v e s as approved, s h a l l be h e l d to have s a t i s f i e d all claims of the •• Indians against the province. What chance w i l l t h e r e be f o r the Indians i n the f u t u r e to get a d d i t i o n a l lands or a f a i r adjustment of a l l t h e i r r i g h t s , i f B i l l 13 i s made law?" ( I t has been s a i d ) B i l l 13 i s merely an e n a b l i n g A c t , g i v i n g the Government power to d e a l w i t h B r i t i s h Columbia, and t h a t the whole b a r g a i n i s so advantageous to the I n d i a n s , t h a t the I n d i a n Department f e e l s j u s t i f i e d i n backing i t up. We a r e s o r r y t h a t the I n d i a n Department i s of t h i s o p i n i o n , f o r i t p l a c e s i t out of sympathy w i t h us, and makes i t appear to the Indians an instrument of o p p r e s s i o n and i n j u s t i c e ( I t a l i c s added; S.'J.C, Report and Evidence, 1927:125  To r e t u r n to a c o n s i d e r a t i o n of an overview of the Commission's d e c i s i o n s , I would l i k e to p o i n t out t h a t these v a r i e d i n accord w i t h economic c o n d i t i o n s of an a r e a .  There were, i n my  The N o r t h - c e n t r a l zone of the p r o v i n c e which had corporate  b a s i c zones.  not been 'opened up'  consequently  t h e r e had  t r a d i t i o n a l l y used by N a t i v e people.  been l i m i t e d demand f o r l a n d  S i n c e the a r e a had  not been  'opened  by c a p i t a l i n v e s t o r s i n r a i l w a y c o n s t r u c t i o n and r e s o u r c e e x p l o r a t i o n s ,  fewer r e s e r v e s had  been e s t a b l i s h e d .  Therefore,  c o n s i s t e d i n l a r g e p a r t of i n s t i t u t i o n a l i z i n g  the work of the  Commission  the r e s e r v a t i o n system.  P r i o r to the i n a u g e r a t i o n of the Commission t h e r e e x i s t e d o n l y 381 in 387  by  i n v e s t o r s u n t i l the c o n s t r u c t i o n of the Grand Trunk P a c i f i c  Railway i n 1914,  up'  view, two  the  the N o r t h - c e n t r a l zone. new  reserves  However, i n 1916,  i n the a r e a .  t o t a l number of r e s e r v e s  The  reserves  the Commission e s t a b l i s h e d  d e c i s i o n s of the Commission brought  i n the area  to 768.  By c o n t r a s t , i n the  the  Southern  - 154  -  zone of the p r o v i n c e where the p o l i t i c a l economy of the n a t i o n had Indians  been more b r o a d l y  e s t a b l i s h e d and  new  r e s e r v e s b r i n g i n g the t o t a l of r e s e r v e s  reserves  to 656  i n an  In  existing  (see C a i l 1956:462,  X). Viewing the Commission i n t h i s l i g h t  i t can be seen as a  mechanism by which the f e d e r a l government extended and r e s e r v a t i o n system. as a stage  The  consolidated  the  f e d e r a l government viewed the r e s e r v a t i o n s y s t  ( I n d i a n s might say a p u r g a t o r y ) through which I n d i a n s must  pass b e f o r e e n t e r i n g c i v i l i z a t i o n . - J.W.  the  a d j u s t i n g the acreage of the r e s e r v e s .  t h i s zone the Commission merely added 125  Table  the m a j o r i t y of  p l a c e d on r e s e r v e s , the a c t i v i t i e s of the Commission c o n s i s t e d  m a i n l y i n a s s e s s i n g and  531  settler  Powell  Superintendent  of I n d i a n  o u t l i n e d the r o l e the r e s e r v a t i o n system was  a l t e r i n g the l i f e s t y l e of the N a t i v e people.  He  Affairs  to p l a y i n  stated:  There i s no doubt, where e v e r y t h i n g i s h e l d i n common, a s p i r a t i o n and t h r i f t have not s t i m u l u s . . . The r e c o g n i t i o n and p r o t e c t i o n of i n d i v i d u a l p r o p e r t y r i g h t s a r e the f i r s t and d i s t i n g u i s h i n g p r i n c i p l e s of c i v i l i s a t i o n , and i f we f a i l to extend these b e n e f i t s along without g i f t s of money and l a n d , how can we expect Indians to p r o f i t m a t e r i a l l y by them, or adopt the manners and customs of c i v i l i z e d l i f e to the e x c l u s i o n of...barbarism? G i v e the I n d i a n , a t r a c t of l a n d , the b o u n d a r i e s of which a r e r e c o g n i z e d as h i s own, ... In a v e r y s h o r t time every a c r e of any Reserve would be c u l t i v a t e d , and the p e r n i c o u s custom among our I n d i a n s , would no doubt be abandoned (D.I.A.-, Annual Report, 1880:120)' ).  - 155 -  The Deputy Superintendent  G e n e r a l of I n d i a n A f f a i r s - Frank  Pedley r e s t a t e d t h e above p o s i t i o n i n the f o l l o w i n g manner:  The importance of a g r i c u l t u r e i n r e l a t i o n to I n d i a n s has t o be c o n s i d e r e d i n v a r i o u s a s p e c t s , of which the main a r e the p r o d u c t i o n of f i x i t y of abode, which i s the f i r s t and e s s e n t i a l step towards any form of c i v i l i z a t i o n , then t h e f u r n i s h i n g of a means f o r the a c q u i s i t i o n of h a b i t s of i n d u s t r y , and f i n a l l y as a permanent o c c u p a t i o n and source o f maintenance. In so f a r as concerns t h e two f i r s t mentioned, i t has e f f e c t i v e l y answered i t s purpose, ... The main f a c t o r s t e n d i n g t o i n c r e a s e the aggregate a r e a ( c u l t i v a t e d ) a r e the r e c r u i t i n g of the ranks of t h e farmers from I n d i a n s who so f a r have p r e f e r r e d to p r o s e c u t e t h e i r n a t u r a l r e s o u r c e s , and t h a t i s i n t u r n c h i e f l y a f f e c t e d by the g r a d u a l disappearance of game and f u r b e f o r e the advance of s e t t l e m e n t (D.I.A., Annual Report, 1907/08:xxv).  The main f a c t o r s i n c r e a s i n g dependence on a g r i c u l t u r a l were not disappearance indicated.  of game and f u r , as t h e case study of the Kamloops Agency  They were a l s o r a c i s t h i r i n g and c o n t r a c t i n g p r a c t i c e s ,  t e c h n o l o g i c a l changes, and r a c i s t limited  laws and p o l i c i e s which  effectively  t h e scope of b u s i n e s s and employment o p p o r t u n i t i e s .  I t i s no  a c c i d e n t t h a t the m a j o r i t y of N a t i v e people a r e c h r o n i c a l l y unemployed in  the mid 20th Century  - t h e r e a r e deep h i s t o r i c a l r o o t s .  A s i d e from t h e r e s e r v a t i o n system producing  f i x i t y of abode,  i t was a l s o viewed as a means of r e s o l v i n g the thorny i s s u e of N a t i v e claims to sovereignty.  I t was seen as a means of s a t i s f y i n g  ' a l l the c l a i m s  - 156 -  of the Indians against the province'.  The governments then felt  they could develop the lands surrounding the reserves without the burden of 'Native T i t l e ' .  - 157 -  SUMMARY AND CONCLUSION  The primary purpose of this thesis was to determine whether or not the testimony of the Indians before the Joint Commission on Indian Affairs, 1912-16 had any impact on the decisions of that Commission and ultimately on the actions of the governments. A secondary purpose was to see whether there was any foundation to the B.C. government's contention and popular opinion that Indian Reserves contained too much valuable land lying in idle waste. The Commission, in i t s attempts to determine the nature and extent of land used by Indians, visited and investigated Indian Bands throughout the province gathering data and Indian testimony on which i t professed to make i t s decisions. The Commission, as exemplified by i t s v i s i t s to different Bands in the Kamloops Agency, obtained testimony from the Indians outlining their successes and failures in attempting to develop their lands. Indians' economic l i f e had been in a state of transition for some time and at the turn of the Century and the time of the Commission, income from wage labour, trapping, transporting of supplies by pack train, was declining and being augmented or being replaced  by mixed farming.  These changes in work patterns were brought about by a combination of fishing laws, preferential hiring of European labourers, and decimation or reduction of hunting and trapping areas through extensive railway construction, resource extraction, and settlement.  The Indian Agent  testified to the Commission that in view of these changes he was pleased  - 158 -  and surprised at the extent Indians had been able in just a few years to clear and u t i l i z e their land.  The Agent and Indian leaders outlined  to the Commission that these accomplishments had been achieved not only against great odds but also without government aid. Spokesmen for each Band testified that although Indians were trying to develop their land they found i t d i f f i c u l t .  Their arable land  was so small they found i t impossible to 'make a good living'.  In many  instances, reserve lands which had not been put to plow were either prohibitively rocky, steep, covered in shrubs and trees or, the Indians lacked the finances to put the land into production.  Such barriers to  land use were compounded by the provincial government's repudiation of Native rights and the web of laws undermining them. These factors moved the Indians to state that they f e l t as though they were 'locked up'. In other words they f e l t imprisoned. The data and testimony of Indian spokesmen collected by the Commission, conclusively demonstrated there was no foundation to the contention that there was an 'excessively large acreage' of land wasting away within reserves.  On the contrary, the data demonstrated reserve  lands lacked stands of timber for construction and land for pasture, hay fields, and other purposes. In respect to the main purpose of this paper, one can determine whether or not the testimony of the Indian spokesmen had any impact on the decisions of the Commission, and ultimately on the governments, simply by examining the application of Clause 2a of the McKenna-McBride Agreement.  - 159 -  As we have shown, in the Commission's work in the Kamloops Agency, the Commissioners  sought the advice of others but not those  directly affected by reserve reductions.  On occasion the Commission  even went against the sound advice of the Indian Agent that reductions would prove detrimental to the Bands affected. The Commission ordered reduction of reserve land without once complying with Clause 2a of the agreement.  In ordering the reductions,  they went against the explicit wishes of the Indians who told the Commission that they stood opposed to reductions of their reserves. On many occasions the Indians requested additional land.  The Commission's  response, in many instances, was that such requests were 'unnecessary and unreasonable'.  Data gathered by the Commission indicated the opposite.  In spite of the small amount of Indian land prior to the reductions, the federal government, which was responsible for safe guarding Indian interests, sanctioned the decisions of the Commission to reduce some reserves. The Commission's meetings with Bands and provision of opportunities to air their views, seems merely to have been a public campaign to show that justice was being pursued on a democratic basis. The Commission's hearings were a facade which mocked Native peoples' rights and their aspirations to have injustices brought out into the open and corrected.  Principle  among these was loss of access to resources due to repudiation of Native rights, mainly by the province of B.C.  The provincial government  disavowed the water rights of Indians, and encouraged what can only be termed theft of their water supply by corporations, farmers and ranchers.  - 160 -  Furthermore, the Province legitimitized such theft by issuing water rights permits to such non-Indians. Federal and provincial governments in order to promote settlement on the westcoast, jointly passed Fishing Regulations in 1912 deliberately designed to favour European fishermen and undermine Indian and Japanese in the industry. These and other injustices which Indians desired to have corrected were brought by them before the Commission.  But such Issues  were termed by the Commission 'matters extraneous to the Agreement'. The Commission had been advised by a Committee of the Privy Council not to burden itself with issues which the Minister considered as being of 'slight importance not affecting Indian land which require adjustment between the parties' - the parties, in their thinking, included the two senior governments but not the Indians. The governments cannot argue or claim to have been uninformed about the grievances and claims of Indian people.  Native leaders and  spokesmen from both the westcoast had already, between 1902 and 1912 petitioned the governments in Victoria and at Ottawa and even travelled to England to petition the King, in attempt to obtain a fair hearing from the Privy Council or the Supreme Court of Canada (Patterson, 1962:48-49, 70, 73). The federal government claimed that the purpose of the Commission was to place the status of reserves in B.C. on the same footing as those in the rest of the Canada. However, this was not the only purpose i t served.  - 161 -  The Commission, served the government in Victoria as a pretext to perpetrate once again, under the cloak of legality, i t s practice of land jobbery.  The possibility to share in profits from  sale of cut-off land, which proved to be of prime quality, was certainly a windfall.  A case in which the Province stood to gain at the expense  of Indians who were struggling to make a living on reserves already too small, scattered, inaccessable and dry reserves to which they were compelled to retreat as avenues of employment became increasingly circumscribed. In the light of the history of conflict between the two governments, the Commission may have served as a means of 'peacefully' opening up reserves to the railway companies by averting conflict such as that which arose over the Tsimpsean reserve.  In this way i t may have  hastened the opening up of new areas for investment and settlement to the financial and p o l i t i c a l benefit of a l l except the Indians. More fundamentally, the Commission served as the means for expanding and consolidating the reserve system, particularly in the northern and central zone of the province.  As indicated earlier in this  paper, government policy was to establish and extend the reserve system as new areas were opened up for resource exploitation and settlement. Creating Indian reserves was a way to undermine any conflicts which might arise between settlers and natives. The main thrust of the Commission's work in the northern and central zone was creating reserves where none existed. This is demonstrated by the Comission's summary of i t s activities in the Stuart Lake Agency:  - 162 -  The Commission's work in this Agency, as in the Stikine, was chiefly incident to the creation of Reserves for tribes and bands of Indians hitherto, unprovided for and which railway construction (G.T.P.Rly.) and the subsequent influx of white population have only recently brought in touch with civilization other than as represented by Northern frontier trader, trapper, and perspector (Royal Commission Report, Stuart Lake Agency, v.4, 1916:767).  In contrast, the Commission's work in the southern zone of the province was mainly concerned with 'adjusting and correcting' the size of reserves.  Funds to be raised from sale of cut-off land would have  assisted in financing the expanding administration and i t s programmes. Also by eliminating the encumbrance of the province's claim to reversionary rights, the federal government was given a free hand in leasing or selling reserve land or resources as a means of raising funds to finance the Department of Indian Affairs.  Furthermore, the federal government, as  indicated by Agent Smith, took control of Band funds.  Previous to 1912  Band funds raised from timber sales and land leases went directly to Band members, which, they had used to finance various development projects. The funds raised from administration of reserve lands would, in the government's view, relieve 'the burden of the administration of Indians from the country (Department of Indian Affairs, Annual Report, 1  1907/08:xxxv). In essence, Indians were financing their own colonial administration.  The objectives and the work of the Administration on which the  federal government was expending funds raised from Band land and resources, was summed up by the Commission in i t s General Report:  - 163 -  The f i r s t l e g i s l a t i o n of t h e Dominion r e s p e c t i n g I n d i a n s was enacted by Chapter 42 of t h e S t a t u t e s of 1868. I t p r o v i d e d t h a t " a l l lands r e s e r v e d f o r I n d i a n s or h e l d i n t r u s t f o r t h e i r b e n e f i t , s h a l l be deemed t o be r e s e r v e d and h e l d f o r t h e same purpose as b e f o r e t h i s A c t . At t h e time of e n t r y of B r i t i s h Columbia i n t o t h e Dominion, t h e F e d e r a l A c t of 1868 c o n t i n u e d i n f o r c e ; and a f u r t h e r enactment, Chapter 6, of the S t a t u t e s of 1869 c o n t i n u e d i n f o r c e , had been made f o r t h e g r a d u a l enfranchisement of t h e Indians. I t p r o v i d e d (and the law remains w i t h v a r i a t i o n s ) f o r t h e s u b d i v i s i o n of Reserves i n t o l o t s , and t h e h o l d i n g t h e r e o f by i n d i v i d u a l I n d i a n s under . l o c a t i o n t i c k e r s w i t h t h e view t o the subsequent i s s u e of " L e t t e r s P a t e n t " ( e q u i v a l e n t t o crown g r a n t s of s e t t l e r s ) t o t h e h o l d e r s of such e n f r a n c h i s e d I n d i a n s (R.-C.R. , v . l , 1916:16). '  Basically,  t h e government's s t r a t e g y i n v o l v e d  undermining the N a t i v e  economic p r i n c i p l e s o f common usage of l a n d and i t s r e s o u r c e s , by g r a d u a l l y d i r e c t i n g them i n t o a d o p t i n g  p r i n c i p l e s of p r i v a t e p r o p e r t y  and  i t s own image, a l b e i t a poor  creating a Native population after  image.  By t h i s s t r a t e g y , as J.W. P o w e l l  expressed i t ,  In a v e r y s h o r t time every a c r e of any r e s e r v e would be c u l t i v a t e d , and t h e p e r n i c o u s custom (common usage of l a n d , p o t l a t c h i n g , and so on) among our I n d i a n s , ..., would no doubt be abandoned (D.I.A., Annual Report-? 1880:120) .  Once I n d i a n people  had abandoned t h e i r  adopted p r i n c i p l e s o f p r i v a t e p r o p e r t y ,  'pernicous  customs'  the government reasoned,  they  - 164 -  would have proved themselves worthy of enfranchisement of Indian Affairs, Annual Report, 1913/14:xxvi-vii). estimation the reservation system was municipal government'  (Department In the government's  'designed as a stepping stone to  (Department of Indian Affairs, Annual Report,  1909/10:xx). Where the Provincial government asserted that Native people had no rights and must simply give way to the superior race of Europeans, the Dominion government viewed itself as having a mission of ridding Natives of pernicous customs and preparing them for l i f e amidst the superior Europeans.  In this fashion the trustee of the Indians hoped to solve  the Indian land question to the satisfaction of a l l concerned and put an end to what i t considered unjustified Indian claims - what I c a l l sovereignty - to the s o i l (Department of Indian Affairs, Annual Report, 1909/10:266; 1911/12:229-30).  Therefore, when Indian leaders and  spokesmen agitated for recognition df Native rights, and also clearly indicated to the government that they did not want any land cut-off and sold, the government interpreted the demands of the Indians as 'unreasonable views of their rights and privileges which have been stirred up by demagogues, either of their own people or some unscrupulous white men'  (Department of Indian Affairs, Annual Report, 1908/09:260; 1910/11:xx).  Believing this, the Dominion government felt justified and duty bound, in preventing the Commission from dealing with the issue of Native rights, and in over-riding the objections of the Indians to reductions of their reserves and thus ignoring Clause-2a of the Terms of Agreement of the Commission.  The Dominion government accomplished  the last by passing  - 165 -  the Indian Settlement Act (c.32, S.C. 1919) in conjunction with the British Columbia Settlement Act (c.51, S.C. 1920) giving the Lieutenant Governor-in-Council and Governor-in-Council legal authority to  order such reductions or cut-offs to be affected without surrender of same by the Indians, not withstanding any provisions of the Indian Act to the Contrary...(Union of B.C. Indian Chiefs, 1974:199).  In summation, we can say that by reviewing the relevant social events which led to formation of the Commission, and by c r i t i c a l analysis of the Commission and i t s role in federal Indian policy, we have shown how the legal system of the settler nation was used as an instrument by which colonized Natives were dispossessed of their land and i t s resources. This dispossession, subsequent impoverishment, and oppression of Native people was accomplished under the notion of 'Manifest Destiny' and an ingrained belief in racial superiority.  These are the corner stones on  which the p o l i t i c a l economy of the settler nation presently rests. no accident that Native society remain politically dominated.  It is  economically underdeveloped and  - 166 -  BIBLIOGRAPHY Government P u b l i c a t i o n s B r i t i s h Columbia. L e g i s l a t i v e Assembly. 1900-1916.  S e s s i o n a l Papers.  Victoria.  B r i t i s h Columbia. Year Book and Manual of P r o v i n c i a l I n f o r m a t i o n by R.E. G o s n e l l . 1897-1901. B r i t i s h Columbia. Report of t h e R o y a l Commission on I n d i a n A f f a i r s i n t h e P r o v i n c e o f B r i t i s h Columbia. V i c t o r i a , Acme P r e s s , 1916. Volumes I - I V . B r i t i s h Columbia. R o y a l Commission on Columbia. 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Grove Press 1965 , 1963. Toward the African Revolution. Grove Press. 1969. Fisher, Robin. Contact and Conflict. Indian and European Relations in British Columbia. 1774-1890. University of British Columbia. 1977. Grantham, Ronald. Some Aspects of the Socialist Movement in British Columbia. 1898-1933. M.A. Thesis. 1942. in University of British Columbia Library. Herring, Frances E. Among the People of British Columbia: Brown. London, T. Fisher Unwin. 1903. Hunt, P.R.  Red, White,  The P o l i t i c a l Career of Sir Richard McBride. M.A. Thesis. 1953 in University of British Columbia Library.  Issac, Julius.  Economics of Immigration.  London, 1951.  Johnson, R.J. The Canadian Pacific Railway and British Columbia. M.A. Thesis, 1939, in University of British Columbia Library. Johnston, Stanley C. A History of Emigration. From the United Kingdom to North America. 1763-1912. Frank Cass and Co. Ltd. 1966. Johns, H.P. British Columbia's Campaign for Better Terms. 1871-1907. M.A. Thesis. 1935, in University of British Columbia Library. Jorgensen, Joseph G. "Indians and the Metropolis". In American Indians in Urban Society by Jack 0. Waddel et a l . , L i t t l e , Brown and Company, 1971. Leacock, Stephen.  Canada: The Foundations of Its Future.  Lenin, V.I. Collected Works, Volume xix. Publishers, 1942.  New York.  1941.  International  - 168  -  Lower, J.A. The Grand Trunk R a i l r o a d and B r i t i s h Columbia. 1939 i n U n i v e r s i t y of B r i t i s h Columbia L i b r a r y . MacDonald, Norman. Canada: Immigration and C o l o n i z a t i o n . Aberdeen P r e s s , 1966. M c l n n i s , Edgar. Canada: Company, I n c .  A P o l i t i c a l and S o c i a l H i s t o r y . 1959.  Myers, Gustavus. A H i s t o r y of Canadian wealth. and Samuel. P u b l i s h e r s , 1972.  M.A.  Thesis.  1841-1903.  R i n e h a r t and  T o r o n t o , James Lewis  Ormsby, Margaret A. B r i t i s h Columbia: A H i s t o r y . of Canada L i m i t e d . 1958.  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Great B r i t a i n and the C o l o n i e s 1815-1865. Co. L t d . , London. 1970.  Progress  Methuen and  Smith, B r i a n Ray Douglas. S i r R i c h a r d McBride: A Study i n the C o n s e r v a t i v e P a r t y of B r i t i s h Columbia, 1903-1916. M.A. 1959, i n U n i v e r s i t y of B r i t i s h Columbia L i b r a r y . Smith, W.G.  A Study i n Canadian Immigration. Toronto. 1920.  The Ryerson P r e s s ,  Stevens, G.R. Canadian N a t i o n a l Railways Towards the I n e v i t a b l e 1896-1922, Volume 2. C l a r k e , I r w i n and Company L i m i t e d , Tien-Fang, Cheng. China.  O r i e n t a l Immigration. 1931.  Thesis,  1962.  Commercial P r e s s Shanghai,  - 169  -  Union of B.C. I n d i a n C h i e f s . The Lands We L o s t : A H i s t o r y of C u t - o f f Lands and Land L o s s e s from I n d i a n Reserves i n B r i t i s h Columbia. 1974. Wellman, David T. P o r t r a i t s of White Racism. P r e s s , 1977.  Cambridge  University  Woodsworth, James S. S t r a n g e r s W i t h i n Our Gates or Coming Canadians. F r e d r i c C l a r k e Stephenson, 1909. Zaslow, M o r r i s . The Opening of the Canadian N o r t h 1870-1914. and Stewart L i m i t e d , 1971.  Newspapers The I n l a n d  Sentinel  The Kamloops Standard The P r o v i n c e The Vancouver  Sun  The V i c t o r i a D a i l y  Colonist  McClelland  170 -  APPENDIX A.  MEMORIAL  To the Hon. Frank Oliver, Minister of the Interior, Ottawa ^4  Dear Sir and Chief,—We the undersigned Chiefs of the Shuswap, Couteau or Thompson, Okanagan, Llllooet, Slalo or lx>wer Fraser, Chilcotin, Carrier, and Tahltan tribes in the interior of British Columbia, assembled at Spences Bridge, B. C, this tenth day of May, 1911, hereby greet you, and make known to you as follows:— That in this letter we desire to speak to you heart to heart, and asroanto man about those things' which concern us most. We do not come to you with lies In our hearts, nor in any scheming way, but simply with plain statements of facts, and ask you to listen to us patiently. We do not wish to get the best of anybody, but Just to obtain our rights, and the justice we believe we are entitled to. We ask for the same treatment that has been accorded to other Canadian IndianE ln the settlement of our land question, and in other matters. We know your government is strong, and has the power to treat us who are weak as it suits them; but we expect good and not evil from them. We regard you as a father appointed to look after our interests, that we may not be oppressed and imposed upon by others. We believe the settlement of our grievances will result in benefit to the whites of this country, as well as to us You already know most of those grievances we complain of. and the position we take regarding them. Some of our chiefs have written you from time to time, and several have visited the government in Ottawa within the last ten years. Your government has received petitions and complaints from the chiefs of the Thompson tribe in 190S and 1909. The Declaration of the Shuswap, Thompson, and Okanagan tribes, July, 1310. The memorial of the same tribes presented to Sir Wilfred laurier at Kamloops, August, 1910. Then Mr. McDougal. Special Commissioner, visited us twice, and no doubt sent in a report to your government as to our condition. Consequently we need not reiterate everything here. You know how the B. C. government has laid claim to all our tribal territories, and has practically taken possession of same without treaty, and without payment. You know how they also claim the reservations, nominally set apart for us. We want to know if we own any land at all in this country. As a last chance of settling our land question with the B. C. government, we visited them in Victoria on the third of March last, and presented them with a petition (a copy of which we believe has been sent your government), asking for a speedy settlement Forty of us from the interior waited on UJC government along with the Coast Indians. In this letter we wish to answer some of the statements made to us by the B. C. government at this interview. Premier McBride, speaking for the B. C government, said "We Indians had no right or title to the unsurrendered lands of the province." We can not possibly have rights in any surrendered lands, because in tbe first place they would not be ours if we surrendered them, and, secondly, we have never surrendered any lands. This means that the B. C. government asserts that we have no claim or title to the lands of this country. Our tribal territories which we have held from lime immemorial, often at cost of blood, are ours no longer if Premier McBride is correct. We are all beggars, and landless in our own country. We told him through one of our chiefs we were of the opposite opinion from him, and claimed our countries as hitherto. We asked that the question between us be submitted for settlement to the highest courts, for how otherwise can it now be settled? His answer was: "There was no question to settle or submit to the courts." Now, how can thi6 be. That there is a question is self-evident, for Premier McBride takes one side of it, and we take the other. If there was DO question, there would have been nothing to talk about; and nothing to take sides on. We wish to tell you. Chief, this question is very real to u6. It is a live issue. The soreness in our hearts over this matter has been accumulating these many years, and will not die until either we are all dead, or we obtain what we consider  - 171 -  any proposition be made to us by the Government, we would not trust them; we would demand a full understanding ot everything, and that all be made subjects of regular treaty between us and them. Mr. McBride claimed many reserves are larger than the Indians need, and much of the land remains unoccupied. We of the Interior claim this is not so. We think we at least should have as much land ot our own country' to farm as Is allowed to white settlers (viz.: 160 acres), or as much as our Indian friends of Eastern Washington, Idaho, and Montana retain on the opening of their reserves (viz.: from SO to 160 acres of the best agricultural land available, chosen ty themselves, for each man, woman and child K At the time the Indian Reserves of British Columbia were set apart, and for long afterwards, the British Columbia Government allowed 320 acres of land to each white person pre-empting land from them. As at this time our population was much greater than now, the amount of reservation land per capita would be smaller ln proportion, and the farce of the Reserves being adequate when set apart all the more apparent. We ask Mr. McBride to state the amount of good land In the Reserves which can be successfully cultivated by us under present conditions. Why should we be expected to make a good living on four or five acres of land, whilst in 1881 and later 320 acres was deemed none too much for a white man? Pasture need not be taken Into consideration at that date, as then the unfenced range country formed a sufficient pasturage, and was used equally as much by whites as by Indians. " Atewof the reserves may appear large on paper, but what amount of good land is ln them? Most of them consist chiefly of more or less barren side hills, rock elides, timbered bottoms hard to clear, and aridflatsdevoid of water for irrigation. In very' few places do we have any chance to have good farms, and they must of necessity be small in area. Either the land or the water is lacking. In many places even the total acreage of the reserves is exceedingly small. All parts of all reserves known to us are used by us one way and another as fully as possible, considering our present disadvantageous position, and the nature of the lands. If by occupancy Mr. McBride means actual living on or cultivating of each part of reserve, then we plead guilty to our inability to occupy the greater part of them, for we cannot live on and cultivate rocks, side hills and places where we can get no water. Even in many places that we do occupy fully, and cultivate continually, we lose our crops altogether, or in part, every year, owing to whites taking the Irrigation water, and stopping us from using it when we most require it under the claim of prior rights to the water. In this they are sustained by the British Columbia Government who recognize their water records as superior to ours. Mr. McBride also said the Indians share in enjoying the advantages arising from building cf railroads, waocn roads, trails and other Government utilities. Perhaps we do, but have we not assisted In building; them, and have they not been built up from the direct robbery of ourselves, and our country? We claim these things are rightfully ours, and yet we are made to pay for using them. Had we never assisted in the making of these railways and roads; had his Government paid us tor all our timber that was used, and all our fifty millions of gold taken out of this country, and all our salmon that has been caught, and destroyed, and many other things which might be mentioned that went into the making of these roads; had we been paid only a small share of all this wealth derived from the destruction (in most cases), not the Improvement of our country; or had the country been bought from us, so it were actually the property of the whites to destroy or do with as they pleased, • then the British Columbia Government might speak of our sharing in the benefits of roads to which they infer we are in no way entitled. Good trails we had in plenty before the whites came. The whites are Indebted to us for having them ready made when they came, and allowing them to use them without charge. The wagon roads benefit us but little, for most of them do not so to our reserves, and besides, we have no chance to have much produce to haul over them. Railroads have not helped us much. They cut up our little farms, and give us no adequate compensation. They have killed many of us, and also many of our horses and cattle since their advent. Besides they act as highways for robber whites, and all kinds of broken men who frequently break into our houses and steal from us.  - 172 -  We never asked that any of these things be built so we could share in them, and we well know they were not built for our benefit. Government utilities such as the police, for instance, we see no benefit ln, for they are used to force laws on us we never agreed to, and some of which we consider Injurious and unjust. This, then, appears to be all the British Columbia Government can claim to have done for us, viz.: They let us use a few inferior spots of our own country to live on, and say we ought to be grateful to them for giving us such large pieces. They made some roads of various kinds for themselves, and say we ought to be grateful for being allowed to share ln the use of them. We ask is this the brotherly help that was promised us in early days, or Is It their compensation to us for the spoliation of our country, stealing of our lands, water, timber, pastures, our game,fish,roots, fruits, etc., and the introduction of diseases, poverty, hard labor, Jails, unsuitable laws, whisky, and ever so many other things Injurious to us? Now you have the British Columbia Government's statements re these questions, and you have our statements. We leave it to you to decide who has done wrong. We or they. We desire a complete settlement of our whole land question, and the making of treaties which will cover everything of moment to us ln our relations between the whites of this country as represented by their Governments, and we as Indian tribes. As the British Columbia Government through Mr. McBride has refused to consider any means of settling these matters legally, we call on the Dominion Government at Ottawa—the central and supreme Government of Canada—to have the question of title to our lands of this country brought Into court and settled. We appeal to you for what we consider Justice, and what we think you would yourself consider Justice if you were in our position. Who has the power to help us in this matter? a just settlement If a person takes possession of something belonging to yon, surely you know it, and he knows it, and land is a thing which cannot be taken away, and hidden. We see it constantly, and everything done with itroustbe more or less in view. If we had had nothing, or the British Columbia Government had taken nothing from us, then there would be nothing to settle, but we had lands, and the British Columbia Government has taken them, and we want a settlement for them. Surely then, it is clear there is a question to be settled, and how is it to be settled except in the courts? . Mr. McBride made the statement, "We Indians were well satisfied with our position, and that the present agitation among us was fomented by certain whites." We deny this statement completely—it is not true. The fact of our visiting the Victoria Government—many of us from long distances, and at great expense— shows that we are not satisfied. As we have staled before, we never have at any time been entirely satisfied with our position, and now that the country is being more and more settled up, and we becoming more restricted in our liberties year by year, we are very far from satisfied. Why should we be satisfied? What have we received, and what has been done for us to make us satisfied? AH the promises made to us when the whites first came to this country have been broken. Many of us were driven off our places where we had lived and camped from time immemorial, even places we cultivated, and where we raised food, because these spots were desirable for agriculture, and the Government wanted them for white settlers. This was done without agreement with us, and we received no compensation. It was also in direct opposition to the promises made to us by thefirstwhites, and Government officials, that no white men would be allowed to locate on any place where Indians were settled or which were camping stations and gardens. Thus were we robbed by the Government, and driven off many of our places by white settlers (backed by the Government), or coaxed ofT them with false promises. Then we were promised full freedom to hunt, fish and travel over our country unrestricted by regulations of the whites, until such time as our lands were purchased or at least until treaties were made with us. Another promise broken, and so on with alL We can tell you all of them if you want to know, and prove them through witnesses still iiving. What of Governor Seymour's promises made to the Lower Fraser Indians who convened at his request purposely to hear his message to them concerning the proposed policy of the whites towards the Indians of this country? They rank with the other early promises—all broken. This is enough to show there is a sufficient reason for our dissatisfaction, and also that it required no white men to point out these things to us, and urge us to be dissatisfied. Even if it be true that certain white men help us at the present day in our agitation to  - 173 -  obtain our rights by doing writing for us; etc., why should Mr. McBride find fault with them? Did not Governor Seymour and other great men of the Province in early days state to us that the whites had come here to help us and be brothers to us? Why should he denounce these men for doing what his predecessors, and, we believe, also the Queen, said was the right thing to do? We have learned that most whites do not keep their word (especially when it is not written wordi. Only those very few whites who help us appear to be trying to keep the white man's promises made to is by the white chiefs of this country in early days. They alone appear to uphold the honor of their race. We assure you. Chief, the 1 rer.ent agitation among us over these matters is simply the culmination of our disratisfactlon which has been growing with the years. With changing conditions, greater pressure and increasing restrictions put on us, we had at last to organize, and agitate. Either this, or go down and out, for our position lias been gradually becoming unbearable. We have not been hasty. It has never been our policy to jump at conclusions. We have never believed in acting without full knowledge, nor making charges without full proof. Although we have known, yet we have waited a long time for the hand of the British Columbia Government to be shown so we could read it without any doubt. . Some ot our chiefs, distrustful and impatient, many times during these long years, one way and another, through the Indian office, through Victoria, through Ottawa and in other ways, have attempted to get matters concerning us straightened, but they have always been baffled in their efforts. Others, hopeless and disgusted, would not try. Then we were ignorant and groping in the dark; now we are more enlightened and can see things clearer. Lil;e conditions drove U6 of the interior, nnd the Indians of the Coast, to organize and agitate independently, and unknown to each other. It is only lately we have joined forces to try end obtain a settlement of all questions concerning us. Mr. McBride gave a partial explanation of how the Reserve System of British Columbia originated. This does not concern us. What we know and are concerned with is the fact that the British Columbia Government lias already taken part of our lands without treaty with us. or payment of any compensation, and has disposed of them to settlers and others. The remaining lands of the country, the Government lays claim to as their property, and ignores our title. Out of our lands tbey reserved small pieces here and there, called Indian ReserveE, and allowed us the occupancy of them. These even they claim as their property, and threaten in some places to take away from us, although we have been in continuous occupancy and possession. No proper understanding was arrived at, nor proper agreements made between ourselves and the British Columbia Government, when the reserves were laid off. Not one of us understood this matter clearly nor in the same light the British Columbia Government seems to have done. Things were not explained to us fully, and the Government's motives appear to have been concealed, for they were understood differently by the various chiefs. We never asked for 1 art of our country to te parceled out in pieces and reserved for us. It was entirely a Government scheme originating with them. We always trusted the Government, as representing the Queen, to do the right thing by us, therefore we never have opposed any proposition of the Government hastily and without due consideration. We thought, although things appeared crooked, still in the end, or before long, they might become straight. To-day were the like to occur, or Only the Federal Government, and we look to them. As the building of railways, and settlement ln this country is proceeding at a rapid pace, we wish to press on you the desirability (for the good of all concerned) of having these matters adjusted at as early a date as possible. In tbe hope that you will listen to our earnest appeal, we, the underwritten chiefs, subscribe our names in behalf of our people.  -174-  JOHN CHILAHITSA, Chief Douglas Lake Band, Okanagan T r i b e . BABTISTE CHIANUT, Chief Nkamlp Band, Okanagan T r i b e . JOHN LEOKOMAGHEN, Chief Ashnola Band, Okanagan T r i b e . CHARLES ALLISON, Chief Hedley Band, Okanagan T r i b e . FRANCOIS PAKELPITSA, Representative Penticton Band, Okanagan T r i b e . BABTISTE LOGAN, Chief Vernon Band, Okanagan T r i b e . JOHN INHAMCHIN, Chief Chopaca Band, Okanagan T r i b e . ALEXANDER CHILAHITSA, H e r i d i t a r y Head C h i e f , Okanagan T r i b e . LOUIS GHLEGHLEGHKEN, Chief Kamloops Band, Shuswap T r i b e . BASIL DAVID, Chief Bonaparte Band, Shuswap T r i b e . FRANCOIS SELPAGHEN, C M e f Shuswap Lake Band, Shuswap "Tribe. BAPTISTE WILLIAM, Chief W i l l i a m ' s Lake Band, Shuswap T r i b e . SAMSON SOGHOMIGH, Chief A l k a l i Lake Band, Shuswap T r i b e . JAMES CAPEL, Chief C l i n t o n Band, Shuswap T r i b e . THOMAS PETLAMITSA, Chief Deadman's Creek Band, Shuswap T r i b e . MAJOR CHESCHETSELST, Chief Leon Creek Band, Shuswap T r i b e . ANTOINE CHELAHAUTKEN, f o r Chief Etienne, Chase Band, Shuswap T r i b e . JOSEPH ISTCHUKWAKST, Chief High Bar Band, Shuswap T r i b e . FRANK TAHIMESKET, f o r Chief Samuel, Canim Lake Band, Shuswap T r i b e . LOGSHOM, Chief Soda Creek Band, Shuswap T r i b e . AUGUST JAMES, f o r Chief Maximum, Halowt Band, Shuswap T r i b e . ANDRE, Chief North Thompson Band, Shuswap T r i b e . LOUIS CHUIESKA, Captain Spallumcheen Band, Shuswap T i r b e . JOHN INROIESKET, A c t i n g Chief Canoe Creek Band, Shuswap T r i b e . JOSEPH TSEOPIKEN, Chief Dog Creek Band, Shuswap T r i b e . ADOLPHE THOMAS, f o r Chief Dennis Skelopautken, Fountain T r i b e . ROBERT KUSTASELKWA, Chief P a v i l l i o n Band. JONH NELSON, Chief Quesnel Band", C a r r i e r T r i b e . JAMES INRAITESKET, Chief L i l l o o e t Band, L i l l o o e t T r i b e . JAMES JAMES, Chief Seaton Lake Band L i l l o o e t T r i b e . JOHN KOIUSTGHEN, Chief Pasulko Band, L i l l o o e t T r i b e . DAVID EKLIEPALUS, Chief Z e z i l No.2, L i l l o o e t Band, L i l l o o e t T r i b e . JAMES STAGER, Chief Pemberton Band, L i l l o o e t T r i b e . CHARLES NEKAULA, Chief Nkempts Band, L i l l o o e t T r i b e . JAMES SMITH, Chief Tenas Lake Band, L i l l o o e t T r i b e . HARRY INKASUSA, Chief Samakwa Band, L i l l o o e t T r i b e . PAUL ROITELAMUGH, Chief Skookum Chuck Band, L i l l o o e t T r i b e . AUGUST AKSTONKAIL, Chief Port Douglas Band, L i l l o o e t T r i b e . JEAN BABTISTE, Chief No. 1, Cayuse Creek Band, L i l l o o e t T r i b e . DAVID SKWINSTWAUGH, Chief Bridge River Band, L i l l o o e t T r i b e . PETER CHALAL, Chief Mission Band, L i l l o o e t T r i b e . THOMAS BULL, Chief Slahoos Band, L i l l o o e t T r i b e . THOMAS JACK, Chief Anderson Lake Band, L i l l o o e t T r i b e . SIMO NIZDE, Representative Anahem Band, C h i l c o t i n T r i b e . DICK ANAHEM, Represntative Risky Creek Band, C h i l c o t i n T r i b e . NANOK, Head Chief Tahltan T r i b e . PIERRE KENPESKET, Chief of the Kinbaskets, Kootenay, Shuswap T r i b e . WILLIAM MAKELTSE, Chief Thompson Band, Couteau or Thompson T r i b e . ANTONE YAAPSKINT, Chief Coldwater Band, Thompson T r i b e . MICHEL SHAKOA, Chief Quilchena Creek Band, Thompson T r i b e . WILLAIM LUKLUKPAGHEN, Chief P e t i t Creek Band, Thompson T r i b e . GEORGE EDWARD INKWOITUNEL, Chief Potatoe Garden Band, Thompson T r i b e , CHARLES KOWETELLST, Chief Kanaka Bar Band, Thompson T r i b e . BENIDICT INGHAULETS, Chlfef Keefers Band, Thompson T r i b e . SHOOTER SUTPAGHEN, Chief N i c o l a Lake Band, Thompson T r i b e . PAUL HEHENA, Chief Spuzzum Band, Thompson T r i b e . GEORGE SROI, Chief North Bend Band, Thompson T r i b e . JONAH KOLAGHAMT, Representative Coutlee Band, Thompson T r i b e . JOHN WHISTAMNITSA, Chief Spence's Bridge Band, Thompson T r i b e . SIMON WAUESKS, Chief Ashcroft Band, Thompson T r i b e . JOHN TEDLENITSA, Chief Pekaist Band, Thompson T r i b e . MICHEL INHUTPESKET, Chief Maria I s l a n d , Stalo or Lower Fraser T r i b e . PIERRE AYESSUK, Chief C a t ' s Landing and Hope Band, Lower Fraser T r i b e . JAMES KWIMTGHEL, Chief Yale Band, Lower Fraser T r i b e . HARRY YELEMITSA, Chief Agassiz Band, Lower Fraser T r i b e . HARRY STEWART, Chief C h i l l i w a c k Band, Lower Fraser T r i b e . JOE KWOKWAPEL, Chief Quoquapol Band, Lower Fraser R r i b e . CHARLES JACOB, Chief Matsqui Band, Lower Fraser T r i b e .  -174-  JOHN CHILAHITSA, C h i e f Douglas Lake Band, Okanagan T r i b e . SABTISTE CHIANUT, C h i e f Nkamlp Band, Okanagan T r i b e . JOHN LEOKOMAGHEN, C h i e f Ashnola Band, Okanagan T r i b e . CHARLES ALLISON, C h i e f Hedley Band, Okanagan T r i b e . FRANCOIS PAKELPITSA, R e p r e s e n t a t i v e P e n t i c t o n Band, Okanagan T r i b e . BABTISTE LOGAN, C h i e f Vernon Band, Okanagan T r i b e . JOHN INHAMCHIN, C h i e f Chopaca Band, Okanagan T r i b e . ALEXANDER CHILAHITSA, H e r i d i t a r y Head C h i e f , Okanagan T r i b e . LOUIS GHLEGHLEGHKEN, C h i e f Kamloops Band, Shuswap T r i b e . BASIL DAVID, C h i e f Bonaparte Band, Shuswap T r i b e . FRANCOIS SELPAGHEN, C h i e f Shuswap Lake Band, Shuswap T r i b e . BAPTISTE WILLIAM, C h i e f W i l l i a m ' s Lake Band, Shuswap T r i b e . SAMSON SOGHOMIGH, C h i e f A l k a l i Lake Band, Shuswap T r i b e . JAMES CAPEL, C h i e f C l i n t o n Band, Shuswap T r i b e . THOMAS PETLAMITSA, C h i e f Deadman's Creek Band, Shuswap T r i b e . MAJOR CHESCHETSELST, C h i e f Leon Creek Band, Shuswap T r i b e . ANTOINE CHELAHAUTKEN, f o r C h i e f E t i e n n e , Chase Band, Shuswap T r i b e . JOSEPH ISTCHUKWAKST, C h i e f High Bar Band, Shuswap T r i b e . FRANK TAHIMESKET, f o r C h i e f Samuel , Canim Lake Band, Shuswap T r i b e . LOGSHOM, C h i e f Soda Creek Band, Shuswap T r i b e . AUGUST JAMES, f o r C h i e f Maximum, Halowt Band, Shuswap T r i b e . ANDRE, C h i e f North Thompson Band, Shuswap T r i b e . LOUIS CHUIESKA, C a p t a i n Spallumcheen Band, Shuswap T i r b e . JOHN INROIESKET, A c t i n g C h i e f Canoe Creek Band, Shuswap T r i b e . JOSEPH TSEOPIKEN, C h i e f Dog Creek Band, Shuswap T r i b e . ADOLPHE THOMAS, f o r C h i e f Dennis S k e l o p a u t k e n , F o u n t a i n T r i b e . ROBERT KUSTASELKWA, C h i e f P a v i l l i o n Band. JONH NELSON, C h i e f Quesnel Band, C a r r i e r T r i b e . JAMES INRAITESKET, C h i e f L i l l o o e t Band, L i l l o o e t T r i b e . JAMES JAMES, C h i e f Seaton Lake Band L i l l o o e t T r i b e . JOHN KOIUSTGHEN, C h i e f Pasulko Band, L i l l o o e t T r i b e . DAVID EKLIEPALUS, C h i e f Z e z i l No.2, L i l l o o e t Band, L i l l o o e t T r i b e . JAMES STAGER, C h i e f Pemberton Band, L i l l o o e t T r i b e . CHARLES NEKAULA, C h i e f Nkempts Band, L i l l o o e t T r i b e . JAMES SMITH, C h i e f Tenas Lake Band, L i l l o o e t T r i b e . HARRY INKASUSA, C h i e f Samakwa Band, L i l l o o e t T r i b e . PAUL ROITELAMUGH, C h i e f Skookum Chuck Band, L i l l o o e t T r i b e . AUGUST AK5T0NKAIL, C h i e f P o r t Douglas Band, L i l l o o e t T r i b e . JEAN BABTISTE, C h i e f No. 1, Cayuse Creek Band, L i l l o o e t T r i b e . DAVID SKWINSTWAUGH, C h i e f B r i d g e R i v e r Band, L i l l o o e t T r i b e . PETER CHALAL, C h i e f M i s s i o n Band, L i l l o o e t T r i b e . THOMAS BULL, C h i e f Slahoos Band, L i l l o o e t T r i b e . THOMAS JACK, C h i e f Anderson Lake Band, L i l l o o e t T r i b e . SIMO NIZDE, R e p r e s e n t a t i v e Anahem Band, C h i l c o t i n T r i b e . DICK ANAHEM, R e p r e s n t a t i v e Risky Creek Band, C h i l c o t i n T r i b e . NANOK, Head C h i e f T a h l t a n T r i b e . PIERRE KENPESKET, C h i e f o f the K i n b a s k e t s , Kootenay, Shuswap T r i b e . WILLIAM MAKELTSE, C h i e f Thompson Band, Couteau o r Thompson T r i b e . ANTONE YAAPSKINT, C h i e f Coldwater Band, Thompson T r i b e . MICHEL SHAKOA, C h i e f Q u i l c h e n a Creek Band, Thompson T r i b e . WILLAIM LUKLUKPAGHEN, C h i e f P e t i t Creek Band, Thompson T r i b e . GEORGE EDWARD INKWOITUNEL, C h i e f Potatoe Garden Band, Thompson T r i b e , CHARLES KOWETELLST, C h i e f Kanaka Bar Band, Thompson T r i b e . BENIDICT INGHAULETS, Chlfef Keefers Band, Thompson T r i b e . SHOOTER SUTPAGHEM, C h i e f N i c o l a Lake Band, Thompson T r i b e . PAUL HEHENA, C h i e f Spuzzum Band, Thompson T r i b e . GEORGE SROI, C h i e f North Bend Band, Thompson T r i b e . JONAH KOLAGHAMT, R e p r e s e n t a t i v e C o u t l e e Band, Thompson T r i b e . JOHN WHISTAMNITSA, C h i e f Spence's B r i d g e Band, Thompson T r i b e . SIMON WAUESKS, C h i e f A s h c r o f t Band, Thompson T r i b e . JOHN TEDLENITSA, C h i e f P e k a i s t Band, Thompson T r i b e . MICHEL INHUTPESKET, C h i e f Maria I s l a n d , S t a l o o r Lower F r a s e r T r i b e . PIERRE AYESSUK, C h i e f Cat's Landing and Hope Band, Lower F r a s e r T r i b e . JAMES KWIMTGHEL, C h i e f Yale Band, Lower F r a s e r T r i b e . HARRY YELEMITSA, C h i e f A g a s s i z Band, Lower F r a s e r T r i b e . HARRY STEWART, C h i e f C h i l l i w a c k Band, Lower F r a s e r T r i b e . JOE KWOKWAPEL, C h i e f Quoquapol Band, Lower F r a s e r R r i b e . CHARLES JACOB, C h i e f Matsqui Band, Lower F r a s e r T r i b e .  - 175 -  APPENDIX B.  CARRYING CAPACITY OF PASTURE LANDS.  I developed and utilized the following guidelines to determine the carrying capacity of pasture lands for different reserves analyzed in my thesis:  1.  good pasture lands can sustain approximately one cow for every ten acres or one horse for every fifteen acres.  2.  fair pasture lands can sustain approximately one cow for every fifteen acres or one horse for every twenty acres.  3.  poor pasture lands can sustain approximately one cow for every twenty acres or one horse for every twenty-five acres.  The above method of classification is not a scientific assessment of the carrying capacity of Indian reserve lands. There are many variables, such as weather, different types of s o i l , types of vegetation, types and extent of use in determining the carrying capacity of pasture lands on an accurate basis.  My intention is merely to present  an approximation of the carrying capacity of pasture lands within the reserves under consideration.  The above guidelines were developed on the  basis of the Report of the Deputy Superintendent-General of Indian Affairs, the testimony of a white rancher - Mr. Jackson of Merritt, B.C., and by consultation with a professor at the University of British Columbia.  - 176 -  The Deputy Superintendent-General - Sir John A. MacDonald stated that the Joint Reserve Allotment Commission was assigning '22 acres of grazing land for each horse or head of cattle' to the Shuswap and Okanagan Indians (D.I.A., Annual Reports, 1878:16).  The  white rancher from the Merritt area stated to the Commission that...  We generally always calculate 15 acres to the head; that is mountain land (R.C.E., Kamloops Agency, p.229).  Dr. R.M.  Strange, an associate professor with appointments in  the Plant Science and Forestry Departments at U.B.C, verified that my assessments of the carrying capacity of range lands in the Kamloops area was within reasonable bounds. Also, he pointed out to me that the forage patterns of cattle are less destructive than those of horses.  Consequently,  two horses are equivalent to three cows, or, where one cow requires 10 acres of pasture land, a horse would require fifteen acres.  In a l l  fairness, I would like to point out that lands so sown in hay for pasturage and irrigated can sustain one and half animal units per acre a modern phenomena. On the other hand, very poor pasture lands can sustain one animal unit for every sixty acres of pasture land.  Finally,  I am solely responsible for the criteria developed to categorize and determine the carrying capacity of Native pasture lands.  

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