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The quarantine claims. "Prince Alfred." June, 1872. Judgment, December 24th, 1873 British Columbia. Quarantine Claims Commission 1873

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Prince   Alfred JUDGMENT, DECEMBER 24th, 1873.

Printed at the "Victoria Standard" Office.  
Victoria, December 24th, 1873.
,The Commission met at the  Court  House,
[McAuley's Point.    The claims submitted aro
I in connection with the  Fest  House and  McAuley's Point:
After some preliminary remarks, the Hon.Mr.     The  partieg   at  TheUg  cottago bore their
Justice Gray proceeded to  deliver judgment, own expenses,   and   refused to  send iu  any
In the Blatter of the'
Five days after the passengers were landed
the   ship   alleged   to   have been fumigated,
was allowed to enter port and discharge cargo, then to go to Nanaimo for coal.
Fifty-six claims have  been remitted   to usl    While at Nanaimo, two  more  cases broke
by the   Dominion   Government, to  arbitrate,out.    The  vessel  returned  to  Victoria, and
and award upon. jthe two cases  were sent  to the  pest bouse ;
They amount to between twelve and thir-Uhe vessel was put into qaarantine, and one
I teen thousand dollars, and are»made on be- 0f the officers, the Purser and Wells, Fargo
> half of certain persons in Victoria, who al-& 0o's messenger on board, went to McAul-
! lege that the expenses incurred, and services ey's Point. Fifty-six of the passengers at
[ performed were authorized by the Board of McAuley's Point, and those at Thetis cottage
[ Health ©t Victoria, on the occasiou of the ar- were discharged after nine days ; but includ-
rival of the steamer Prince Alfred, at this ing the second period, after the return from
por , in June, 1872, with a reported case of Nanaimo, and the time at the pest house, the
|  small-pox on Board. average of days all   round  would  be  eleven
Under the Terms of Union in   1871,   Quar-and a quarter.
,  antine   falls   within   Dominion control.    Id     The three camps were well situated on the
June, 1872, no Dominion   Quarantine Officer sea shore, the pest house ontside of the town,
;  at   the   port  had   been   appointed, and   thelon the left of the   harbor; the other  two on
;  Board of Health under pre-existing local laws the right, distant about two miles from town,
■  assumed the duties ;  the  local  Government, admirably  suited  for   the   purpose, and the
as appears by the  published  official  corres- grounds  of a  character requiring little out-
pondence, having  declined  to  take the res-;lay.
ponsibility of acting. But one patient died—the child—the other
Under the   local laws  passed in 1869, pre- two with whom the  disease broke out at Na-
vious to the Union, the Mayor and Council of naimo, recovered.
Victoria were ex-officio, the  Board of  Health.     No one will question  the  propriety of the'
The   Mayor   in   concert with the Board, and Board of Health,   under  the  circumstances,
alone, having extensive powers-.   Under those using every precaution to prevent contagion,,
laws the City of Victoria, with   the   harbor, and   all   expenses  legitimately   incurred for,
had   been  proclaimed a   health district, and such a purpose, would no  doubt  have  been
was declared liable  for  the   quarantine  ex- promptly reimbursed by the Dominion   Gov-
penses. Under the Union the Dominion Gov- ernment, but in making themselves  the self-
ernment   bears the  expenses, and  regulates constituted agents of the   Dominion   Govern-
and  enforces  the  Quarantine  laws.    In the ment, the Board of Health were bound to ex-,
absence of any Dominion   Quarantine officer, ercise a  reasonable  discretion in the  incur-
and the   refusal  of the local  Government to ring of expenditure sufficient to meet the exact, the  Board  of Health   established three igency.    They would not be justified in indis--
quaraniine  camps ; one, the  Pest   House, at creet and lavish expenditure.
Nias' Point ; one  at  McAuley's   Point; and     Wherever there is power there is responsr-
one at Thetis Cottage. bility, and the Board of Health, in assuming
The case of small-pox on board—a child—the power, were simply trustees of Dominion
was, its parents, sent to the Pest House; money, and as such, bound to use it only so
eleven of the passengers to Thetis Cottage, far as was necessary to accomplish the re-
and the   remainder,   if'y-six in  number, to'quired end. QUARANTINE    CLAIMS
But a few years before, in 1868, the small- either to have incurred such expenditure,
pox was prevailing extensively among the In- under such circumstances, or to have sentfff-
dians in the vicinity of Victoria. A great accounts in such a way.
many died of the disease in its most virulent rp^g Boar(j 0f Health were not amenable to
shape, and in the city itself several white the Dominion Government, equally were
persons were attacked. The disease lasted they without power to bind it, but assuming
for about eight weeks. Of the Indians, fifty that the object tbe Board had in view, was a
died ; and of the whites, five died. good one, the Dominion Government has in-
The local   Government  at  that time  bore structed us to look   into   these  claims, arbi-
the expenses, there was little or  no commo-Urate upon them, and award  what we  deem
right to be paid.
tion,—the charges, as examined in detail
were most reasonable,—in fact, in contrast
with the present charges, most illiberal, and
the total expenditure did not exceed $755, no
public expense having been incurred for tbe
white persons.
Again, in 1869, the disease prevailed for
about the same period and the expense did
not exceed $710. We submit herewith an extract from the official records ;
Expenses of Sanitary Commission, Victoria,
paid by the Government of British Columbia—
Acting under these instructions, we have
held an open Court, examined all witnesses
in public, invited all parties having information to give, or explanations to make, to
come forward, and adjourned from day to day
to study tbe convenience of claimants.
Where the members of the Board of Health
and the claimants" have differed, we have examined them in the presence of each others
and endeavored, without forms of law, to
Ihear every man's story, putting him to no
expense, and restricting him in no way.
We are prepared to allow  whatever is fair
Amount in 1868 $ 754 75 and reasonable—more ; even to be liberal ;—
Do.       1869....*.     710 00\'lt not being likely such a  complication  will
 occur again, but we are not prepared to admit these bills as rendered. Each case will
stand on its own merits, and be governed by
its own considerations.
$1,464 75
Details of 1863,as under—(exclusive
ly for Indians)—
Burying fifty Indians $ 188
Building small pox hospital and repairs      63
Hospital nurse.  ;  37
Medical attendance,postmortems,etc 350
Services  of A. Peele  71
Supplies to Indians on reserve, etc... 45
The claims may be classified as follows :
Printing $    33 00
Boat Hire    133 25
Hacks, expresses and drays  337 00
Carpenters and labor  162 50
Special  Constables' (9) wages 1482 50
OOlGoods, provisions,  medicines, clothing, furniture and stationery 1114 92
$ 754 75 Feeding at McAuley's Point 8194
Medical.attendance.    500
It cannot be assumed that because the Do-Sexton..... 5
minion Government was now to bear  the ex- Tent hire ....... 45
pense, that there was an  intentional absencejcierk of Board'of Health'."".'.."".'."".' 125
of prudence, but from some  cause it is manifest that there was not that care and precaution   which   intelligent   people   exercise  in
spending their own money.    In  the  investi-
$12,132 67
On making an analysis of these accounts we
gation which has taken place,the then Chair-lfind that there are five special constables at
man of the Board of Health,—Mr. Lewis, the McAuley's Point,at the charge of $14 50 each
Mayor,—stated that one of the bills, amount- per day, including their table allowance, »3
ing to $8,000 and upwards, was excessive ; estimated per head in Mr. Astrico's bill ;
and Mr. McMillan, one of the members of the(—wages, $5, board $9 50,) or a total of
then Board of Health, rose and stated that $2325 ; all of whom we have reason to bene repudiated all connection with the charges lieve, would have been glad to have accepted
except two, and desired that he might in no daily employment at $2 50 per day, and
way be held responsible. [fouud themselves     And of these  one is em-
Yet these bills, in a body, were transmit- ployed and receives from Mr. Astrico, as
ted to the Dominion Government without steward, during the same period, an addi-
observation, and payment requested, tional $5 a day for twenty-five  days, and $2
No officer holdiog his appointment under 50 for eight days, or a total of $145 for tbir-
the Dominion Government would have daredlty-three days.   Two of them are retained at QUARANTINE    CLAIMS
the same charges for twelve days, after the
last of the passengers was discharged from
We find eight Chinamen who were passengers on the Pr'.nce Alfred, whose customary
daily expenditure for food would probably
not exceed 50 cents, living at the estimate in
Mr. Astrico's bill at $9 50 per day, or a total
of $684 for nine days.
The two officers of the Prince Alfred,—the
Purser, and W. F. & Co's messenger, at Mc
Auley's Point,—are at the same rate,—$199.
And many others must have enjoyed luxuries
to which, in the ordinary course of life, it
can hardly be supposed they were accust
The carriage hire was on an equally libera
quarantine duty, we
think $2per day sufficient. This acct.
therefore will be reduced to  75 00
5.—John Harman —This
account has been satisfactorily explained ; the charge for
the service performed is not unreasonable ; it will therefore be allowed  21 50
6.-— Joseph Buell, allw'd.    2 50—103 25
The necessity for such a large outlay un»
der this head is not satisfactorily explained.
Other charges are also out of proportion to The trackage and transportation may have
the service required, but will be better an- been neoessary, but out of a total of $337,
derstood as each cassis dissected. Many of the over $230 is for cab bire for the Board of
passengers were persons in affluent circum- geaitb aud Health Officer.
stances, but neither they, nor the Prince AH Considerin<g that after the quarantine was
fred, or its officers, were asked to contribute. eBtabli8hedf *0 person bat the Health Officer
with which they were treated
Those at Thetis Cottage alone formed the
We will now proceed to the award upon
each claim in the order submitted.
Tbe Printing was at the ordinary rates,
consisting of notices customary and necessary. It will therefore be allowed as follows :—
No. 1.—The Standard Newspaper-.... ....$15 00
No. 2.—The Colonist   do.        18 00
-$    33 00
No. 3.—Elliott,—allowed     4
No. 4.— Lachapelle, The
charges in this  case
are $105 for 15 days
at the rate of $7 per
day, being as represented on   behalf of
the elaimant at  the
rate of $3  per day,
for the boatman,and
$4 for tbe boat. The
latter portion of this
charge we  consider
unreasonable,as similar boats can be obtained at from $1 to
$1 50 per day ; and
allowing    that   tbe
employment     was
steady,   though    on
nature to some extent must be incurred. Including boat hire, it here amounts to $470
25. While a cab at the Health Officer's service was kept constantly on band from the
24th June to the 31st July at Dunlop's livery
stables, from the 13th June to the 9th of
August—covering the greater portion of the
same period—Russell's livery stable presents
la bill for the Mayor and Health Officer for
$129 50, ranging from $10 to $3 a day ; and
other cabmen their charges occasionally.
The then Mayor and Health Officer have
no record of their nse ; and no diary of tbe
sanitary condition of the camps or of the vessel was shewn to have been kept, from which
tbe use might be explained. All is simply
indistinct. Tbe charges in the bills, however, are at the ordinary rates, and both of
those officers say that they were incurred in
the public service.
The cabmen deserve their pay, and are as
against the individuals who used their cabs,
comparatively remediless.
We therefore feel compelled, though reluctantly, to award that the following accounts
be paid i—
No.   8—John Wagner $    5 00
No.   9—J. W. Williams      20 00
No. 10—J. T. Dunlop      85 00
No. 11—G.-Stelley      58 50
No. 12—James Ferguson     12 50
No. 13—John Barry      19 50
(No. 14—W. O. White       3 00 No. 15—John J. Russell    129 50
No. 16—Daniel Freeman       2 00
No. 17—R. W. Savage        2 00 $337 00
carpenters' labor.
No. 18 & 19—To Wheelan &
Strachan  $116 50
No. 20—Richard Turner        3 00
No. 21—George Knowles        3 00
No. 22—H. Gard       10 00 $132 50
For this service the total charge for wages
is $1,482. Of these men, $Ir. Lewis and Mr.
Bowden, the Inspector of Police, stated distinctly in open Court, that six—namely,
George Hommingway. Henry Newton, Joseph
Morais, Samuel Harris, William Avons and
Henry Richardson—were engaged and sworn
in as special constables before Mr. Pember-
ton, the Stipendiary Magistrate, at $2 50 per
day, and to be found. Of these, Avons was
sent to the Pest House, Richardson to Thetis
Cottage, and the other four—Hemmingway,
Newton, Morais and Harris—to McAuley's
Point. That those at McAuley's Point, after
entering on duty, complained to Mr. Lewis
that they had learnt that Eddy, the constable
on board the Prince Alfred, was to receive
$5 per day, and they wanted the same. Mr.
Lewis directed them to continue, and that
after all was over tbey should be paid what
■was fair ; alleging, with some reason, that
he did so because as they had been on duty
in quarantine, if dischaiged, he would have
to employ others to keep them there. At the
Close of the quarantine, the secretary of the
Board sent to these men by direction of the
Board, a notice that their wages had been
passed at $2 50 per day. Some of these
notices were produced by the men themselves
in Court; but they sent baek word to the
Board that they wanted $5 per day ; and the
Mayor and Couucil, who were the Board,
unanimously, as Mr. Lewis says, voted that
they should have $5.
As Arbitrators, we have come to an entirely different conclusion, and as against the
Dominion Government shall only award them
at the rate of $2 50 per day, the sum for
which they agreed to serve. Mr. Pemberton,
Mr. Lewis and Mr. Bowden state that $2 50
per day was the customary sum at which
special constables then were paid, and they
found themselves ; but that on this occasion
as a special inducement, they were to receive
that sum and be found—and they were well
We therefore award as follows :—
No. 23—George Hemmingway.
This claim is for 38 days at $5 per day.
In the account rendered by the Secretary ofj
the Board (No. 56) is a farther charge of $25
for Mr, Hemmingway's services for making
reports dur ng tbe time he was at McAuley's
Point. Mr. Lewis stated that Hemmingway
gave him a verbal report of the state of the
camp whenever he went down ; and it appears that Hemmiugway was the only person
who kept a statement of tbe days when passengers entered and left quarantine ; which
jstatement was given in duplicate to the
Board and Mr. Astrico, and forms the only
record that'has'been produced to us on which
any calculation of time can be based. We
therefore award to him his wages, 38 days at
$2 50 $ 95 00
Allowance for reports, 50 cents per
day      19 00
$114 0O
No. 24,—Henry Newton.—His bill is
for 38 days, at $5—$190. We
award him his agreement, $2 50
per day. $95 00
No. 25.—Joseph Morais.
This bill is for 33 days at $5 per day—
$165. He was engaged for $2 50. During
the investigation of Mr. Astrico's claim, Mr.
Morais was called as a witness and proved
tLat while he was at McAuley's Point as a
special constable, he was employed by Mr.
|Astrico to act as steward for him—receive
and take charge of the stores and provisions
he sent down, attend upon the passengers,
and superintend on his account—for which
he was to be paid by Mr. Astrico $5 per day ;
tbat Mr. Astrico had paid him for 25 days at
$5—$425 ; and for 8 days at $2 50—$20 ; a
total of 33_.days and $145. He says that before accepting Mr. Astrico's offer, he asked
the Mayor, Mr, Lewis, if it would interfere
with his being a specia) constable, to which
the Mayor replied it would not. Thus, were
Mr. Morais' claim sustained, he would receive
$10 a day for bis services, and as the steward
and servant of Mr. Astrico be found and fed
by him, while the latter again charges
against the Government for finding and feeding him as a special constable, $9 SO a day
for 33 days—313 50. But apart from this
there is something so manifestly absurd in a
man doing duty as a public officer, to prevent
the ingress and egress of persons from quarantine grounds, and at the same time, as a
private servant for an hotel keeper, receiving
stores and provisions and attending upon 60
or 70 persons in those grounds, that it is
plain Mr. Lewis simply meant to give him
his choice. He took the stewardship and received bis wages for it. He now in addition
asks $5 a day, or $165, as special constable
during tbe same period.
We award him—nothing. QUARANTINE    CLAIMS
No. 26.—A. W. Davie—This
claim is for 24 days at
McAuley's Point, as special constable, at $5—
■ $J20. Tbe evidence has
already shewn that $2 50
was the customary allowance. Mr. Davie, however, is shewn to have
been engaged as nurse for
a period of 8 days, for
which we allow him an
additional $1 per day.
We award him, therefore,
24 days at $2 50 $60 00
8 days at $1      8 00 $68
No. 27.—Samuel  Harris.—Claims for
25 days as special constable, at
$5—$125. We award him his
agreement, $2 50 $62
No. 28.—Peter Eddy.—Special services as eonstable on board the
Prince Alfred in quarantine, 21
days at $7 50 per day. We allow him $3 50 per day, being
more liable to contagion on board
the ship where the disease originated than at McAuley's Point.
We therefore award him $73
No. 29.— Harry Richardson
—Ten days at Thetis
Cottage at $5 per day,
$50. We allow him
$2 50—$25—and his
board bill produced, receipted and paid, $15.
Total  $45
No. 30.—Wm.Avons—Claims
that "he was on duty as
special constable at the ,
Pest House and McAuley's Point from 15th
June  to 5th August, at
$5 per day $260
On examination we find
he was 38 days at the
PestHouse in attendance
on the diseased, patients, and fourteen
days at McAuley's Point
We regard the attendance at the Pest House
as the most dangerous
and deserving of the
highest pay.. We therefore allow him $5 per
day for the Pest House,
38 days $19j0
14   days    at McAulav's
Point, 2 50 §35"00 $225
Noi 31.—T. J. Brown—28
days at Pest House, at
$5 per day $140
14   days   at   McAulay's
Point at $2 50,    $35 00 . $175 0)
Total $858 00
In these claims the charges are all at the
ordinary rates ; those for upholstery cover a
large item ($709), and the articles charged
having been used principally at McAuley's
Point, where there was no sickness (only two
persons belonging to the Prince Allred who
had the disease, having been sent there when
they were convalescent, after the passengers
had left ; and when there were only four persons altogether at the camp), the great bulk
of the articles consisting of mattrasses and
blankets, might perhaps have been made
available to.wards reducing the sum total of
The greater portion of tbem were subsequently stored at the public buildings.
We award therefore as follows :
No.   32.—E.   Grancini—Nails    and
hardware $    16 12
No. 33.—E. B. Marvin.—Tents, rope,
&c 1       32 75
No. 34.—Moore   & Co., druggists—■
Vaccine lymph       11 25
No. 35.—Peter McQuade—Rope and
bunting        65 24
No. 36—Moody, Dietz and Nelson—
Board and scantling       87 21
No. 37—F. Reynolds, butcher—Beef
and mutton         7 00
No. 38—John Weiler, upholsterer—
Mattrasses, pillows" and
blankets..™     193 00
No. 39—G. T. Seymour, cabinet
maker—Mattrasses and pillows !       8100
No. 40—A. B.   Gray, fancy goods—
Lining  75
No.  41—Tbos.   Shotbolt, chemist—
i   Medicine and disinfectants..        4 00
No. 42—Jacob Sebl, furniture dealer
an 1 upholsterer—Bedsteads,
mattrasses, quilts, towels,
basins, chambers, pillows,
blankets, sheets, stretchers,
&c  435 88
No. 43—Langley & Co., druggists—
Medicines, disinfectants,&c.      45 11
\To. 44—Wm. Wilson,clothier—Suit,
shirts and drawers       21 00
No. 45—Fell & Finlayson, grocers—
Groceries and  bread       51 09
No. 46—Stafford & Hicken, butchers
—Meat and vegetables to
Pest  House       30 52 QUARANTINE   CLAIMS
No. 47—Hibben & Co., booksellers
Cardboard and envelopes,
No. 48—A. W. Davey, special constable—Articles at Pest
House, belonging to same,
• destroyed by order of board
No. 49.—C. Mebins—two water
No. 50—J. Strachan—Four empty
but justice to Mr Lewis, on whom much
blame bas been thrown, to observe, that at
6 Oolthe time he made this arrangement, Mr. Astrico was the proprietor of an hotel in Victoria,
.well reputed for good fare and moderate
charges, and at that very time  there was the
12 00 continued daily notice of that hotel, in the
public newspapers ; advertising comfortable
"5'00|board and lodging "with a table supplied
with the very best the market affords" at $1
10 00]per day, and from $5 50 to $6 50 a week :
Total $1,114 92
Nos. 51 and 52—Mr. Astrico's bills
are as follows :
1872, July 23, "for cost of keeping
men at the quarantine
grounds as per annexed
list, including all charges
for carriage, breakage, loss,
and wear and tear of furniture and utensils—extra
hire of servants, washing,
liquors and wines as per
order of the health officerw..$7894 50
1872, August 6, for provisions,
wood, water, use of furniture and utensils, breakage,
&c, supplied to four meu
from 22njl July to 5th August (both dajs included)
say as for one for sixty
days, at $5     300 00
'Store Street, between Herald andFisguard"
" VICTORIA, b, c "
' Andrew Astrico
"^I^HE most commodious and clean Hotel in
_L Victoria. It is conducted on the European principle. The table is supplied with
"the very best the market affords.
"Meals at all hours of the day. Private
"dining rooms for Families.
"Charges—Board and Lodging per week,
"$5 50 to $6 50; Board and Lodging per day,
u$l; Single Meals, 37J cents; Beds, 50 cents.
"Terms—Cash in Advance.
•' 8®°A Fire-proof Safe in the House "1@®."
Total $8,194 50
Mr. Lewis may have been guided in his idea
ot what the charges woHld be  by that advertisement.    Acgo: ding to the statements by all
parties, and the  reports in the  public  press
at the  time,  Mr.  Astrico  supplied the persons at the quarantine ground   without  dis-
.  ,    ,   , ,   ,,     i  . .    ,   u-n /ci\ •„    i- .itinction,  with  a  profusion  that must have
Attached to Mr Astnco's bill (51) is a list astoQish'ed them/0abin  and steerage  pas-
of persons  boarded  and  of the  number ofL Chinese,   constables, laborers  and
A  total of  73  names and 831 *i     ,,   u      j    i-i        m j W e
,'u"" "' 'servants, all shared alike.    Every delicacy of
tbe season was  furnished ; the  bills of fare
were   published   in  the   daily  newspapers,
days of each.    A  total ot   73  names
days, averaging   a charge   of $9 50 per day
per head (831x9 50=57,894 50).
The second bill (52) as  stated is at $5 per      , , „   , _      .
day, and is in addition to the former. The u,ndevr tha name °f one of *£• sPecial consta-
four men therein named are not in the former bles-as caterer (Standard, June 20, Colonist,
bill, being Hall and Hnnter, the two conv-a- Ju°<!. 30)- After a"the substantial and
lescent patients sent from the Pest House on PQadla?s\ Sreea Peas.&c-, came "raspberries,
the 22nd July ; and Avons aud Brown, the
two special constables, who  were in  charge
at the Pest House
On the examination of this claim Mr. Drake
one of the leading counsel of British Columbia, appeared for the claimant.
It is much to regretted that the' arrangement with Mr. Astrico was made in a loose
and unbusinesslike manner. There was no
written memorandum, but simply an instruction from Mr. Lewis, the Mayor and chairman
of the Board of Health, to feed these parties,
as cabin passengers, or as in a good hotel.
Without any desire to lessen the precision
which may properly be exacted from a public
officer, in the discharge of public duty, it is
cherries, ice creams, ale, claret, punch : "
Camp  Smith,
dinner   quarantine.
Sunday, June 30, 1872.
Chicken Soup,
Roast Chicken,
do    Turkey,
do    Beef,
do    Mutton,
do    Lamb,
Lamb and Caper Sauce, QUARANTINE   CLAIMS
Corned Beef,
do      Tongue,
Green Peas and Cabbage,
Mashed and Baked Potatoes,
Sago Pudding, Pies,
Raspberries, Cherries, Ice Cream,
Ale, Porter, Olaret, Punch,
Supplied from
S. Harris, Caterer.
Mr. Drake, the counsel for Mr. Astrico,
seeing tbe utter impropriety ot snch a mode
of sapply at the public expense to a quarantine camp, denied the correctness of such
statements, and called Mr. Astrico himself to
explain how his account was made up. Mr.
Astrico says he employed extra men :
Seven for nine days, at  $5 $ 315 ,06
Three for 29 days, at $5     435 00
Indian and Chinese laborers be paid    149 00
"These men he says, were all boarded at the quarantine ground the
same as the passengers, without
distinction. "
To Williams he paid for truckage of
water and provisions      310 00
Also   for carriage hire for   himself
anddrayage     570 00
For three cords cut wood       25 00
For tent, $20, calico, $30; tools, $20      70 00
Coal and candles, (an approximation)     100 00
Soap, soda and blue, (an approximation)            100 00
Tubs, boilers and irons       50 00
For cooking stove and  utensils (as
per Dickson's bill)       76 37
Breakage, (estimated)       75 00
Damage to linen, towels,-&c, (estimated)       75 00
Damage, wear and tear of other
articles and kitchen utensils,
other than those in Dickson's
bill, estimated at      125 00
He charges  allowance  for  his own
time at $20 per pay for 38 days    760 00
The board   he then   estimates at $5
per head per day, 831 days  4155 00
says that the above estimates were made tip
shortly before his bills were sent to the City
In support of the  above  explanations   he
produced the following vouchers and receipts:
J. B. Buell, 10 days as waiter $ 50 00
John Wagner, carriage hire     32 50
John Stephens, Drayage     70
A memorandum Of Chinese labor,
$127. On the back, Frank, Portu-
gues, 8 days $24  151
Dickson's bill     76
Williams, 37 days wagon hire at $5,
$185 and 25 loads of water at $5
no oo
$639 87
He called Mr. Morais the special constable   to   whom   he proved  he       '
paid as his steward at the camp
$145. 145  00
Total $834 87
And also Mr. Williams' driver who said
that besides the regular engagement of 2
trips a day at $5 (which he puts at 25 days
$125), Mr. Astrico had on several days,
made extra trips to the camp, and Esquimalt;
for which Mr. Astrico always paid him at the
time. But neither he or Mr. Astrico kept
any account of the trips or payments, and
neither could make an approximation of the
amount. Taking Mr. Astrico's own statements—unusual as some of his estimates
seem—and giving the greatest latitude to his
estimates, and approximations and assuming
that his charge of $20 per day for himself
could be allowed, and that (after deducting
all the bills and extra expenses which would
make the difference between feeding at the
camp and feeding in Victoria) $5 a day
would be the proper charge per head at the
camp—it will be observed bis explanations
still fall short of his first Bill (51)   by   $504.
Thus bill rendered (51) $7894 00
Explanations  7390 00
$7,390 37.
He says : "The Mayor directed bim to supply the constables with 5 or 6 drinks each|
per day; that ladies wanted and asked, for
port wine. That claret and other wines
were sent down about 5 dozen, and 2 or 3
casks of beer on the first day; and he kept a
bar at the camp for one day he thinks tl^
first or a part of the. first.";   And he  furtbir
Difference $504 00
But under the circumstances allowing for
everything that could reasonably cause an
increased expenditure would $5 per head,
per day, be a reasonable sum to allow for
boarding the parties at McAuley's Point?
$9 50 is clearly out of the question.
Five dollars per day was at that time, more
than the charges of the 5th Avenue Hotel in
New York ; exceeded the Lick House, and
Occidental in San Francisco by $1 50 per
day, and was double the charge of the Driard
House, and Colonial Hotel reputed to be the
best hotels in Victoria. "1
qWrasitine- claims
5 00
hire     45 00"
50—Mr. Leigh's account for
$125. This charge is $100 for
bis" own services as Secretary to
the Board of Health,and $25 for.
No, 23. The latter has been disposed of.
It has been impossible for  us  to   find   out
-Fortunately the arbitrators   are  saved  aWNo. 54—Spelde's account, the sexton
difficulty in settling what ought to be allow- we award ..-.	
ed by the clear proof of what was amply suf-lNo. 55—J. Howard's account for tent
The family of Mr. McLean, a'Magistrate N°
and merchant of undoubted'^Baracter, were
passengers by the Prince Alfred—unwilling
that they should be sent to the camp , he applied to the Government and Boa"d of Health
and after some negotiations obtained permission to quarantine tbem   at  Thetis   Cottage
Several other passengers, seven   in   number, .,      .,,.., ,   , ■
> i      .  .s ,      .,    .l ,.,'that Mr. Leigh's services have tended in   any
were permitted to loin, and with   three  chil- .      .,  ?     ..  ,- ,.  „  „r tv,„  „„
,        r    ..        , • '     ,, »-.  i  j   .u    way to aid  in   the  investigation  or  the  ac-
dren, making eleven in   ail,   constituted   the      J..       m, ,    r v. -- ~ *	
r,,.6..    S « ', .. counts.    There appears to have been no entry
camp at Ibetis   Cottage,  where   tuey   were    . /r    ,        • .,. . „	
r , ,       .      j" ' ' of any agreement made  with any person,   no
quarantined for nine d a's. j   7.- .   ?„„„_„„„   il .
^ v J record of time, no account of expenses   kept,
Mr. McLean had to do very much what Mr. no analysis or explanations made of the ac-
Astrico had to do, in addition to putting the counts sent in—no order—no system,
cottage in order for their reception. Provis- The original bills as subsequently sent to
ions had to be sent from Victoria, servants the Board (in the case of the special consta-
employed, transportation and carriage hire,bles doubled from their original agreement)
paid, unexplained  and   without   comments,   were
The bills were produced in open Court and transmitted to the Dominion Government for
examined, they  showed  that every   comfort payment.
and luxury of the season including fruits andj Mr. Leigh was Clerk to the Mayor and
wines in addition to the best ofUohd food,|Council ; °The Mayor and Council met as
was provided in abundance. sucll)   then   resolved   themselves   into   the
Mr. McLean in his examination stated Board of Health, and the Clerk of the Cor-
that apart from his own desire to make his poration became the Secretary of the Board,
family comfortable he was especially request! On his examination Mrr Leigh stated, that
ed by tbe American gentlemen, who with their the Mayor as Chairman reported to the Board
wives, and daughters, and his own family, what he did; and the Board by resolution
constituted the camp to spare no -expense, confirmed'what he did, which resolution was
The cottage was put in order, cooking stove duly entered; but what he reported that be
and utensils, bought and brought horn Vic- did, was never entered, so that for all prac-
toria, a cook hired, and everything done that tical purposes of business, tbe resolution was
was required. an   absurdity.      And   in   the   investigation
At the termination of the quarantine, the whicn Das taken place, there is not a minute
accounts were settled and apportioned; tak- of tne Board which throws light on a 3»ngle
ing the eleven the. expense was $1 75 per dispute. We have bo doubt that Mr. Leigh
head per day, but as the adults refused to ai<i "ll the Board of Health asked him to do ;
permit the children to be included; the num. Dut wullt; wss done, or left undone, only led
ber was taken at eight, and the expense ap- [o confusion and expense,
portioned at $2 per head per day, children With every respect for Mr. Leigh, who is
and servants not being counted. known   as  a  worthy citizen,   we regret  we
The allowance to Mr. Astrico of the   same cannot award,   that   the  Dominion   Govern-
surn for all the parties he charges to have fed ment should pay for his services rendered   to
will be a liberal allowance, and more  ia_ ac- the Board of Health in this instance,
cordance with his own advertisement,   being     The total sums   awarded  amount  to   $4,-
an advance upon his own published terms of proi  cy
100 percent, to cover  extra  and  incidental     m   „'u n • -,- , ,   , ..  j
r -• "".luiLuu     We shall immediately transmit our awards
expenses. '.« *u    n      -  •      n     -    „    .        . -,     ■ .      .
f„     ,,       . ,   ,      .. to tne Dominion (government, ana doubt not.
We  therefore  award  to    Mr.  Astrico  ona.i  ,i    n ■,■ ,     -,
/,,  .    „    .,   -,, „„.. ..    _„   J? :        ""that the Government will  at an  early  day
(Jlaim No. 51, $1,662 ; on No. 52, Sl20.   be- L-     (•   ,i       »    tu  -   .   . • j _   .
.  i   r *, -oo ' '        igive orders for their being carried out.
ing a total of $1,i82, \° a  _*■
Victoria, B. C, December 24th, 1873.
No. 53—Dr. Matthews.
Having provided for the payment
of the hack and cab charges incurred in attendance on him, we
award to him for his professional
services !?375 00'Boat bin
L quarantine  claims
Hacks,   &c    337 00|S»xton	
Carpenters and labor     132 50 Howard	
Special  Constables    858 00!
Goods,  &c  1114 92
Astrico    1782 00 J. H. GRAY,
Matthews     375 OOl W. HAMLBY,
5 00
45 00
$4,785 87   


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