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The Delta Times May 10, 1913

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Volume 7
LADNER, B. C. SATURDAY, MAY 10, 191-3.
$1.00 A YEAR.
Mr.   Thos.  Foster,  of   Glen  Valley,
Advises Municipal Control��� Cooperative Buying and Selling.
ALDERGROVE, May 2.���-The testimony of Mr. Thos. Foster, raacher
and dairyman, of Glen Valley, as to
the need for bringing the distrlbu-
tion of mill, in cities under musiei-
pal control, the value of co-operative
selling and buying to the farmers,
uie assistance to tbe settler in the
Royal      Agricultural      Commission
Taken on Automobile Trip
Through District.
CLOVERDALE, April 29.���The
members of the Royal Commission on
Agriculture were given an opportunity to thoroughly estimate the agricultural possibilities of Surrey municipality yesterday afternoon, when
in automobiles, piloted by Mr. Frank
J. MacKensle, M.P.P., and Reeve Sul-
Says Mr. C.  D.  Bull Testifying He-
fore    Commission ��� Improved
Facilities Required
livan, the party travelled from Clov-; on Monday.
ABBOTSFORD, May 3.���Improvement of the road-building system
and the necessity of financial assistance by tbe Provincial government
was urged upon the Agricultural
Commlsion at its session here yesterday. A further sitting takes place
at Abbotsford today from whence the
meeting will adjourn to  Chilliwack
At   Busy   Session   of    Police   Court
Magistrate    Impose*-    Fines-
Result of Fistic Arguments.
>uring of lands by government ad- I erdale to the Serpentine Flats, thence
ranees, and the more effective organization ot a system to furnish
farmers with information as te crop
.md market conditions and prospects
was the feature at yesterday afternoon's session of tbe agricultural enquiry at Aldergrove.
back to the Hall's Prairie section, on
to the Pacific Highway, with an ex-! of  the  Abbotsford
curslon into Blaine.    The    commls-
The first witness examined yesterday was Mr. S .A. Morley, manager
branch    ot the
Two cases, both sequels to fistic
arguments of last week end, came
up for trial before Police Magistrate
McKee on Wednesday morning. Joseph Jordan charged with using abusive language and or resisting arrest, was mulcted of twenty good
simoleons, and Andrew Yorke, on
a count of assaulting the person of
Isaac Robinson, was fined $1 with
costs, the Magistrate remarking that
the latter case should not have been
brought for settlement to the court.
Police Constable Morgan was
the first witness called in the Jordan  case,  testifying  that his atten
Royal Bank of Canada. He testl
sioners saw some of the fertile areas : fled that the larger portion of agri
of the 70,000  acres of agricultural I tulturlsts   were   in  a   sound   condi
land  which  Surrey boasts    of,    the j tlon financially. j tion  had  been  drawn    to    the dis
costly    drainage *and    reclamation       Mr. C. D. Bell, a prominent ranch- I charge     of     firearms     along     the
...._,  t works at the mouths of the Serpen- i er, submitted evidence as to the gen- ' dyke   in   the  vicinity   of   the   Delta
Mr Foster "who is an ex-sneaker I tine ant* Nicomekl rivers, where a I eral state of the farming industry. ! cannery by the accused, who stated
if the legislature brings to the arac ' concrete dam and causeway will keep j The marketing system was a burning ; that the party shooting was destroy-
tical knowledge he possesses as a back ***e tidewaters off some 12,000 ; source of grievance. Fair prices for i ing the insulators on the B. C. E. R.
.successful dairyman shipping it Ib acres ��* the tinest delta lal-d in the \ pveduce wero the exception and not i poles. Accompanied by Jordan he
lid some 1000 pounds of cream a ' Province. the marks of improvement j the rule at the Vancouver and New | proceeded to the scene to investi-
nionth to Vancouver and farminc ! in various sections by clearing and Westminster markets. The only ! gate and found a party composed of
.i.,..t.i   to   Vancouver,   and   la.min*, | bullding)   ,.-._   work   ��        e  p6a--f*c | remedy for .this state of affairs was j Messrs. T. Oliver, W. H. Wilson, H.
Highway now connected up with j ln a closer co-operation amongst the j Jordan, A. Jordan and a B. C. E. R.
Washington state at Blaine, and as j producers and government aid in ' employee engaged in practising with
well  some  of  the  conditions whicn ' Promoting this system would be most! a .22 rifle and doing no damage
Mr.  David Kerr   Employed   at Sam
Morley's Ranch Sustains Deep
Cuts to Face.
210 acres, two-thirds of which is under cultivation, the power to express
his views clearly and to draw his
conclusions logically.
bU5����?\'uri%vhe%i,ffi   g��]j^
he had arrived at the conclusion that   marketing of
the cities should handle the distri-1 were also able
tuition of milk as a municipal under- \ facilities in
taking.     They   would  then  have  a i the British Columbia Electric line. Speaking of dairying he considered , ..._,,_- _,,.,.,, * -p���.ifPv-   *n   Tor
better supply and the industry would      Most interesti.g of all, the com-  the  milk  industry the  only really | ��*". ���**��*"��  -gJSd    down
b.-thoroughly under control with less I missiosers saw a practical    demon-! lucrative branch of farming as the;���1     navlnS Deeu
cost   tn   the   consumer        T"~ *         _*--  ���_  ._-  __.,-_..-        -    .--.   .     flumnnrl  n1w���._ (.TcaaHari  tt.o _nnnl_     twice.
the conditions by    more
government inspection added
cost for the producer    an
the  farmers  of  the  Fraser    Valley' beneficial.     The nourishing of agri- j     Jordan had ordered him to arrest
in land clearing and the ' cu!tl"re in the province was essential-   the party,  whereupon a heated dls-
��f their nroducts     Thev ! '>' a national  duty and formed the  cussion took place between Mr. Ollv-
ble tn not* th*** -inlftiwiH I ba3ls of the permanent prosperity of   er and Mr. Jordan with insulting ep-
tranwtation W  ^ ^' ithets  used by the latter.    He had
SHwir. br      Sneaking of dairvlnz he considered  ineffectually attempted to prevent a
quently for the consumer.
duce  ln  the  market  under  present     , ,,   , , . ,,     ���      ,,   ���
conditions.     He advocated  the es-  wh�� Pulled him awa''- allowinK their
There was no doubt about the ad- i tern, an electric motor furnishing the l-H.kiE*��M,  ^9��.St.'__f"__*����_"��.Sr  father to  escape
vantage of co-operative buying.    Co-   poweP for the air exhaust.    The bos-  tt-Mlihinent  of  centre9 where Pedl-  Ia,,n.e.r J��  ���_
operative  marketing  was  more  dif-   8ie8 aooeared to be well nlpased with   freea  �� ,     w^'-* De avallat)1
mult.     There  was the antagonism g��*��**gJJjJ?t��l^^nffi-^t^,w^J^1 "���**������    of   any
of the middleman to overcome.     If  gia to give up "he lacteal    mach ! ranCher ln the Valley-
here   was   given   assistance  to   the S -ri^d  hy  the consumer     The  nro1     H' Skouge' a re8l(lent o�� tne dis-
movement by the city people there   ��&�����b>of the farS  tWtt_iedto the  trlct   for   nlne  ?<����>   farme<-   ?#*
��������� .uld be greater certainty of suceess.   SrMtlctblllty  of  th,  new     methl-rt
greed bulls would be available for I     *Ir*  T*  ��,liver  gavf, corroborative
evidence, giving particulars of the
altercation between Jordan and himself.    He stated that he had left the
Mr. David Kerr employed at Mr.
S. Morley's ranch, three miles east
of Ladner, met with a serious accident on Saturday morning, sustaining cuts about the face necessitating
Dr. King Inserting twenty-five
stitiches. Latest advices report Mr.
Kerr as rapidly recovering from the
effects of the accident.
It would appear that the Injured
man with Robby Morley was doctoring a sick colt and at the time of the
occurrence was alone In the stall.
Upon returning from the house
where he had gone for medicine required, Mr. Morley found him lying
unconscious between the horse's legs
with a nasty rut extending from the
chin along the jawbone. The muscles of the face had been severed and
the flesh pushed back exposing the
bone along the left side of the face.
Several minor cuts on the chin and
back of the head were sustained and
it was at first thought the jawbone
was fractured.
Dr. King was immediately telephoned for, and accompanied by the
Rev. C. W. Whittaker, proceeded to
the scene. It was found necessary
to Insert between twenty and thirty-
stitches to sew up the deep cuts inflicted by the animal's hoofs.
Mr. Kerr's many friends while
sympathizing with him in his nasty
accident, are congratulating him upon his escape from what might easily have been a much more serious
Majority of Games Will  Be Played
Friday Instead of Saturday as
Originally Provided.
Referees were appointed and the
schedule revised at an executive
meeting of the Lower Fraser Valley
Lacrosse League on Thursday evening. Mr. J. Williamson presided aud
delegates were persent representing
all three clubs.
In the original schedule the majority of games were fixed for Saturday, but as many complaints from
supporters of the clubs had been
received as to the unsnltahllity ot
tbe day it was decided to change the
majority of the games to Friday.
However, the opening fixture will
be played on Saturday, May 17th, aa
provided for tn the original schedule. A full list of fixtures will be
available for publication In the next
Referees  to  handle  the  different
games  were  nominated,   four being^
provided by each club as follows:
East Delta���R. Kittson, D. Honeyman, L. Dennis and "Bob" Kittson.
Westham Island���J. Trim, J.
Savare, W. Tamboline and M. Palmer.
Lattner���W. H. Taylor, H. Burr,
F. Murray and T. Jordan.
It was decided that under no circumstances would any player resident outside Delta municipality be
allowed to play during this season.
scene upon the conclusion of    their
mix-up  and  had  not  witnessed  the
acres.      The  marketing    conditions  con8ta-j.*e*8 attempt to arrest nor the
were very discouraging as hay could
ar.reT^er-?IwX..eia��S �� TOtt* W*IV *�� W* WTSlirBWiE W ^T^ '^^ ��f *" *"
'-SL*% 1"*^ ".d;"H��� i 30^ti^ shi^^X".^- , *l&J5&2i ^.ffi-fflfi!       Mr, Jordan on his own behalf ad-
matter for government lnveetlga- ' g,allon8 ,be!ng shlPPed   dai'y
tion   and     so   far     the     govern- -clt"' m��rhet.
ment   had   not   given   much   assist- '���     In tne evening the commissioners
ance, ! were entertained to  dinner  by the
Referring to the manner in which ' Surrey Council at the Clo /erdale
the market during the past winter I cafe, when a bountiful spread wa|
had been glutted with potatoes, Mr. j P"* on- Mr. Frank J. MacKenzle,
Foster considered that this indicated | M.P.P., presided, and Reeve Sullivan,
the need for some government " " ��--��-- -*--
agency to furnish iuformatlon as to
what the crop prospects would be for
any season. As now the farmers of
the valley bave no means of knowing
what has been the amount seeded
or about to be seeded, or the general
crop. While he would advocate
that every farmer should grow some
potatoes every year, feeding to pigs
If   selling   too   cheaply,   there   was
Councillors Ingles, Brown, and ex-
Reeve Bose welcomed the    visitors,
commodity from Washington was re- ,w d the di8turbanCe between Mr
sponsible for the lew prices and he on          d hlmself but asserted that
considered  some  protection  should ��hen ,hae had called hl8 two 80n8 t0
be afforded local produce*-.     The his a8gi8tance he wa8 under the im-
present unequal duties were a rank pre88lon that lt wa8 Oliver he was
still struggling with.
The drainage at Matsqui Prairie j    The magistrate reserved his decl-
required government    aid as there |g*0n until  the afternoon session of
were  many  settlers  unable* to  get  the court when a fine of $20 with
,   ,,, ., . I rid of the water for want of an out-j $3  c08ts was imposed.
and  Chairman   Haywood   and    the j ut.     This  proposition  was too-ex-      The  charge    against   Mr.  Yorke
other members of the commission, m | pensive a one to be undertaken by  was 0f assaulting the person of Is-
brief addresses, referred in a most in-; individual  ranchers  and  should  re-  aac  Robinson.    The  latter testified
teresting manner to some of the evi-  cetve attention by the Public Works a8 to having called upon Mr. Yorke
Department. The roads would be at his warehouse in reference to rent
much easier to keep in repair If a which was due and an argument had
satisfactory drainage system were ln ! arisen which had terminated by his
Editor Delta Times���Dear Sir:
Might I occupy a brief space In your
valuable paper to state what I myself and others of East Delta believe to be a menace to the health of
the cattle of the surrounding district, viz.: the practice of the G. N.
R. putting their empty stock cars
on their Y near the Oliver road to
be cleaned and thereby spreading
any disease that may be carried in
them to the district. I hone the
municipal council will take this matter intp consideration. I might also
state that the United States will not
allow these cars to cross the line
until they have been cleaned and fumigated. Thanking you in anticipation. FARMER.
East Delta. B. C.
WINNIPEG, May 6.���The cdft-*-
tract was let yesterday by the Canadian Pacific Railway to Foley,
Welch & Stewart for the construction of the Rogers Pass doubla
tracked tunnel through the Rocl-y
This company will also build seven miles of double tracked* approaches on each side of the tunnel,
making a total of 20 miles of double
track, including the five miles ot
tunnel. \_
Four years will be taken to complete the work nnd the cost will bo
between $15,000,OyIO and $20,000,-
000. It will be necessary to drive)
shafts a mile deep through the
This contracting concern will
probably also build 25 miles of
double track east of Kamloops, B.C.,
and 24 miles west of Revelstoke.
dence and Incidents of their Investigations so far carried out.
Others who assisted ln entertain
Ing the visitors during the day were I operation.
Road Superintendent MacKenzie, for!
lend for some more scientic method ]Xr)elta riding, Municipal Clerk Cam
Kive farmers the information
vlilch would enable them to judge
if the market and plant accordingly.
As for cheap money to assist in
and settlement, he suggested that if
dyking and drainage should be ac-
- runted   worthy   of  government  as-
��� Mance, there could be no logical
objections to supplying cheap money
for land clearing, the object being ln
iii such cases to bring the land tinier cultivation. He favored the
government furnishing the money
foi work done, advances being made
on estimates as In building loans.
Handled ln that way he thought a
loaning system would be effective !r<
"iti-ouraglng cultivation. In his
'"pinion people were buying land at
loo high a price, some timbered land
'"Ming more to clear than the actual
value. But when people pwned tlm-
li'*red land,  they could clear  while
'vins on lt and not being otherwise
employed', thus making a home for
Testimony   at   the   afternoon   ses-
n was given by Messrs. A. K. Oold-
���niiih,  secretary    of the    Farmers'
institutei J. Allison, C. Richards, S.
''  White, E. Stancombe. John Catto,
;    G. Howes, Thos.  Foster.     These
ill  urged the value of good roads,
���  money and cheap powder, lime
��� I'plied by government   aid    at    a
���'caper  price,  as such  was  needed
- tertiHiing the high land.     They
sed demonstration    lectures, aud
tilled    to the value of the farin-
instltuteB.      The    Westminster
trket was favorable to tho prodtic-
but some means  was  needed  to
-' tha produce of the small  farra-
. to market cheaply.
cross, and local business men    who
supplied autos.
The commission sat at Cloverdale
again this morning and tomorrow
will alt at Milner.
1 calling ��� Mr. Yorke a liar. The as-
Mr. A. F. Welch also advocated a snult complained of had then taken
better drainage system for the dis- nlace. He had hold of the lines of
trlct. The supply of an outlet was his team at the time and had been
necessary If Matsqui settlers were to unable to defend himself with the
be enabled to continue to farm their , result that he had sustained con-
holdings, [siderable  punishment.
The chief grievance locally, how-1 Mr. Yorke admitted having
ever, he believed, was the preBent struck the accused but cave evi-
svstem  of  carrying  out   road  work,   dence of strong provocation  for the
He suggested that it be tnken entire
Margaret   McNeil,    Infant    Daughter   ly out of  the hands ol  the munlcl-
o.   Mr.  and  Mr*.  Walter Py-        | pality and placed in the hands of the
bus. Passes Away. j governmental  department.      Compe-
Deepest   sympathy     is     expressed I te"t engineers should be appointed to
With  Mr. and Mrs. Walter Pybus 0n I auiiervise   contracts   and   it   would
i be possible to obtain double the lm-
family  home on i provements for the expenditure.
The  dre  law  worked  to  the  dis-
He  was
very often unable to obtain permits
account of the sad loss sustained In
the  death   at  the
Saturday,   May  4th,   Of  their  infant , .
daughter,   Margaret     McNeil   I'ybus. | advantage of the  farmer
The Magistrate in handing down
his decision found the accused
guilty, but stated on account of the
provocation evidenced would impose
a nominal fine of $1 with costs
amounting to $l.!ir>.
I*s    Minnie     MoHpaddeti    Lies  in
Hospital With Rifle Bull.*,  in
Her Body.
HII-L1WAQK, May 2.���A young
! by name at Minnie McSpadden.
1 was keeping house for Mr. and
William   Ogllvle,  on   the  Yale
id, about  two  miles east  of  this
ly,  was   accidentally  shot   in     the
'domen this morning by her cousin
!|" was cleaning a rifle.     The vic-
of the accident  was hurried  to
hospital and Dr. McCaffrey, who
ii nttendance, sent ln a hurry call
Dr. I'row, of New Westminster,
11 Is expected here on the noon
'in when tho bullet will be probed
Very small hopes are held out for
' 'very.
Mr. William Ogllvle who Is super-
1 ������ndent of the line department of
���' B, ('. E. *., Is at present on a
"t with Mrs. Ogllvle, to Scotland
1 England, and ls not expected
me for some weeks.
The funeral took place on Tuesday
to the Boundary Hay Cemetery, the
Rev. C, R. Bluiiden assisted by the
Rev. D. G. McDonald conducting the
The little child had been 111 for
only two weks from an attack of
cerebro spinal meningitis and despite every effort lo save her life,
denth intervened Saturday. Dr,
Wilson was in constant attendance
nnd recognizing thp seriousness of
the case Dr. Drew, of New Wesl minster, was called in consultation on
Many beautiful floral tributes
were sent by sorrowing relatives and
friends, the' funeral inking place on
Tuesday to noumlary  Hay Cemetery
where thi mains were laid al resl
in the family plot. Rev, c. it. Blunden returned from Cedar Cottage
and assisted by the ltev. D. 0. McDonald conducted impressive services. ,'
Among those who sent floral tributes were Mf. and Mrs. R. Pybus.
Mr. and Mrs. .lack I'ybus. Mr nnd
Mrs. Win. I'vlius, Miss Isobel I'ybus.
the cradle Roll of the Baptist
Church. Mr. nnd Mrs. Walter B.
i'ybus. Misses Jean and Gertie Pybus, Mr. and Mrs. ti. Arthur. Mr.
���mil Mrs. Alec Davie. Mr. and Mrs.
II I. Kirkland. Mrs. McNeil and Mr.
and   Mrs.  llaul'iinl  Lewis.
to burn when most needed. The Are
wardens appointed should be more
competent  and  vested   with  greater
Exceptionally brisk trading was
the outstanding characteristic of the
New Westminster market on Friday
discretionary   powers.      He> favored   morning.      Despite   the   gloomy   as-
cheaper loans for development work.
Major IS, Ppttlnaer, a comparatively recent arrival ln the district
advised the establishment of a bureau where reliable Information could
bo obtained by new settlers. Guaranteed seed should also be available
to ranchers. He thought government aid in  negotiating    municipal
bonds  for building  roads  would  be   ranging from "14  to $1S per dozen
Mr.   O.  W.  Gellett  gave  evidence
pect of the weather a large number
of both buyers and sellers were present. The poultry department .was
particularly well supplied, but a
brisk demand held prices stationary
at $U' to $14 per dozen. Ducks,
which have only appeared ln the
market on very few occasions of late,
were  offered     <|iiite     freely,     price:
E^gs remained at
en,   but     showed
cents per doz
tendency     to
a sto the poor -n ..*. r.ing facilities af-   gtrengthen.     Turkey eggs for hatch
forded for fruit. He had grown
some of the finest fruit In the province and with 'lle exception of a few
cases sold locally had lieen cotnpcl-
lde to feed the sa tie to il.f hops.
Arthur Harrop testified that he
was rutting out his orchard as he
had found It a losing proposition.
He Instanced a saipment of 780
cases of prunes. Owing to delay
In transported >u 30u casr-t vero *joi-
demned on arrival. Freight charges
amounted to 37 1-2 cents per box.
which, adding 17 cents for the box.
totalled 56 cents. The sales netted
him from IB to 40 cents per rase
Involving an actual loss of money.
lug   were   offered   at   86a   each.      In
the fish department saln|~n ahd hall.
bul dropped slightly, owing to the
abundant supply. 16c per lb. being
received for red salmon, while white
salmon and halibut was sold at 10c
per lh. The vegetable market w,is
In tiie same weak conditon. prices
remaining stationary.
Hon. W. T. White said he had madt
inquiries respecting the sterilization
The freighter pphir, tying al the
Brunawick Cannery wharf, where she
waa discharging a  load  of ti"   waa
burned to the water's edge at :'���
o'clock on Friday morning, sin
men perishing in the flames.
According to the meagre details
obtainable lire broke out in the hold
mui had made considerable headway   before   being     noticed.     The
vessel    wis   cut   loose   from   thS   mil
nery   wharf   and   drifted   on   to   the
bar       li   is  surmised  that   the  men ) rate  to  be  specified  on  the  face of
OTTAWA.    May    8.���When    the
Hank Act   wns taken  up yesterday,  aiaesuntii sufficient funds are avail
At the regular school board meeting oti Saturday last il was derided
that as the work of erecting a suitable wire fence around the high
school premises would be too expensive to undertake at present, to construct only the front and west sides
Repairs will be effected tO the present   board   fence   on   the  other   two
gf "!'���'$���'-'fci-ar^SH, " ���****" *"" '������'"'
able to complete the work.
Miss Ferris,    of Crescent
sence   on   account   ol   illness   and   a
substitute teacher provided.
of  bank   notes  and   the  opinion   was   s, -,_--_   wlls   grapted   leave     of     ab-
expressed that this process makes tin-
bills  too   brittle.      He  suggested   an
amendment,     giving     the     treasury
beard power to make regulations fur
the sterilization  and  disinfection  of
The     amendment    to compel     the
Also   white   and   blue.       Wealthy
members     of   the     Ontario     Motor
League  climbing  and .painting  telephone   and   telegraph   poles   on   the
main  roads ot Ontario,  and tho ln-
auguration of a new system of road
guides for automobiles,     This sys-;
tern will extend    to all parts of On- i
tarlo  and  eventually  to other prov-
lnces.     Arrangements ,<lre sow being i
made   for  co operation   wltn   Motor
Leagues In eastern and western pro-
' vinces in this work.     Narrow painted |
rings   around   the   poles,   in   various
who lost their lives were asleep in
the forecastle and escape was cut
Off before the alarm could be given.
An investigation as to cause of the
fire will be held.
CHILLIWACK, May i    Despite all
efforts to have iter life, Miss Minnie
notes was voted down by 17  to  14
Mr   Emmerson's    proposal    for    alMoBpadden,   who   was
monthly statement of maximum rates shot by the discharge of a rifle ln
charged   was   subsequently   defeated   the hands of her cousin, died in  the
bv  24  to  11. hospital here last evening.
colors,  Indicate  the course    of
roads in various directions.
The "New Minister." recently produced iu Richmond by the members
Of the  EpWOl th   League of the Meth
odist Church, is reported to have
been a financial success though it
was at first thought the undertaking was productive of a monetary
loss. Latest advices from Eburne
state that a further sum of money
for tickets has come to hand.
SATURDAY, MAY lo,  1013
Judgement of Supreme Cowl of Canada in Recent Reference.
The following is the judgment of
the Supreme Court of Canada delivered on the eighteenth of February, 1913. ln the matter of a reference as to the powers of the legislature of British Columbia to authorize the government of that province to grant rights to flsh as therein
mentioned. These were the questions submitted:
1. Is ls competent to the legislature of British Columbia to authorize the government of the province
to grant by way of lease, license or
otherwise the exclusive right to flsh
ln any or what part or parts of the
waters within the Railway Belt,���
(a) as to such waters as are tidal,
and (b) as to such waters as although not tidal are in fact navigable?
2. Is It competent to the legislature of British Columbia to authorize the government of the province
to grant by way of lease, license or
otherwise the exclusive right, or any
right, to flsh below low water mark
in or In any or what part or parts
of the open sea within a marine
league of the coast of the province?
3. Is there any and what difference between the open sea within a
marine league of the coast of British Columbia and the gulfs, bays,
channels, arms of the sea and estuaries of the rivers within the province, or lying between the province
and the United States of America, so
far as concerns the authority of the
legislature of British Columbia to
authorize the government of the
province to grant by way ot lease,
license or otherwise the exclusive
right, or any right, to flsh below low
water mark ln the said waters or any
of them?
Treating the questions as relating
only to rights of fishing m commonly understood, this Court declares as
As to the first question submitted
to answer the same in the negative.
As to the second question, to answer the same in the negative in so
far as it relates to the exclusive
right to fish in the waters therein
mentioned, but to refrain from answering the said question in so far
as it relates to any right, other than
exclusive, to flsh in the waters therein mentioned.
As to the third question, to answer
the same in the negative in so far as
it relates to the exclusive right to
fish in the waters therein mentioned,
but to refrain from answering the
said question in bo far as it relates
to any right, other than exclusive,
to fish in the waters therein mentioned.
The several findings were as follows:
By Mr. Justice Idington.
The respective jurisdictions of the
Dominion and the Province relative
to the question ot fisheries and fishing rights were determined by the
decision of the Judicial Committee of
the Privy Council in the case of the
Attorney General for the Dominion
vs. the Attorney General for Ontario et al (1898) A.C, 700. The
result of that decision was to leave
the property therein as such (save
possibly in the merest technical
sense) in the province subject to and
entirely dependent upon the legislative regulations and restrictions of
the Dominion parliament.
There can be no doubt that the
right to fish in the sea and all its
arms on the coast of British Columbia has been a public right enjoyable
by everybody, and must so remain
until the Dominion Parliament signifies otherwise, aB for example, by
declaring thnt it will be for the
good of the whole of Canada that a
several or exclusive right of fishing
may be granted.
There may he a question whether
or not the province could grant an
exclusive license anticipating and
conditional upon and subject to the
legislative regulations tn be. provided by parliament. This would
be practically of little use, even if
technically it could fall within the
teims of tli0 judgment referred to.
After having given that possibly-
arguable right of the province the
best consideration 1 can, it seems to
me that il must be taken to be the
will of parliament that, until it lias
otherwise declared, the common lawgiving such rights as llie public now
possess is the regulation to be ob-
aorved, and that is Inconsistent with
thr grant _t *n im'U-lve V.:c.\i"*.
If the province should try to revoke this right or the people, it must
do so through Its legislature Such
legislation would be ultra vires and
'.ii nny event If need be the veto power of the Dominion could prevent it.
What has been urged relative to
the province having exclusive jurisdiction over "property and civil
rights" as a ground for Interference
by the local legislature Independently
of parliament, seems to me misplaced.
There is prima facie no more of
property or civil right Involved iu
the question than ln the right to
navigate these same waters. There
mav be civil rights arise out of tho
operation of navigating, but the right
to navigate is held subject to regulation by parliament. When there
has been well and truly granted a
license to flsh in said waters, within
and conformable with the legislate c regulatlnns adopted by parliament then there will arise a civil
right in the licensee which will fail
in all its incidents 0 fassignnu-ut and
'accession within the power of the
province over property and civil
rights. This exercise of power
granting such a civil right is the
foundation of such incidental rights
and is itself an exercise of the power
the province has over property and
civil rights. It may be also made,
so long as consistent with the parliamentary regulations, subject to
terms and conditions giving rise to
other incidental civil rights.
The recognition of the power of
the province over all these properties and civil rights so developed,
furnishes no argument for limiting
the exclusive legislative authority of
parliament given by section 91, sub-
section 12, of the BrltiBh North America Act over "Sea Coast and Inland Fisheries."
If the contention of the Province
were to prevail It might result in one
man or corporation acquiring the
monopoly for al ltlme over a food
supply of fiBh which the rest of the
people of Canada as well as of British Columbia have a right to enjoy.
Such a result Is properly admitted
as a possible logical consequence of
the contention set up, but is plausibly met by the argument that there is
no power but may be abused.
But I cannot overlook the comprehensive language of the exclusive
power given parliament over "Sea
Coast and Inland Fisheries" and
coupled therewith the predominant
fiature of our whole scheine of confederation, which is that to those
- who are to be directly affected by the
exercise of any power, is entrusetd
the power of due and proper rectification of any misuse of such power.
This power ot granting exclusive
licenses to fish in the waters of British Columbia,, so touches the welfare
of the people of Canada, not only ln
relation to their food but also in the
1 widest areas of national life, in so
many and diverse ways, that a book
might be written thereon. I think
the people who may be affected by
its operation must he declared virtual masters, through their parliament, ot the situation.
The illustration given    by    Lord
Herschell  as  to  Parliament having
j the right to prescribe the times of
the year during which fishing is to
' be allowed, or the instruments which
; may be  employed  for the  purpose,
i has been pressed, not exactly as the
' limit but as if expressive of the en-
' tire nature of its power.     I do not
; think  it  is  more  than  an   illustra-
��� tion.     1 by no means read it as in-
i dicating the whole    nature    of the
' power.     For  I  think  the  exclusive
! nature of the legislative power over
j the subject matter named, is as wide
1 as it possibly can be and relates to
I everything    that    parliament    may
: deem fit to deal with in regard there-
' ta.     The incidental property or civil
rights in the province which may bfe
' founded thereon of course cannot be
I touched by parliament.     And I have
1 no doubt once these limits of their
respective powers are accurately ap-
! prehended, the trust, so timely expressed by Lord Herschell. that the
I good sense of the legislatures concerned  will  overcome any apparent
I inconvenience, will be realized.
Even if the right to fish In non-
tidal waters may differ from those
other rights, all seeme so classed together by the British North America
Act that I think the right of the
province in either case must be treated for all practical purposes as resting on the one common basis of the
regulations of parliament.
The nature of the property which
the Dominion may have relative to
the granting of licenses to  fish  in
j the waters within the Railway Belt
! is not directly raised by these ques-
| tions  submitted     for  determination
I herein.     It can only be incidentally
I considered here relative to the questions put by way of an answer to the
claim of the province.     In the view
just  expressed  It  seems  hardly ne-
1 cessary  to   consider  it.      There  Is,
however, not the same clear common
j law  right  of  the public  to  fish  in
: these non-tidal navigable waters as
iii  the others    in question    herein,
I Hence, notwithstanding   the opinion
II have just expressed, I see there
I may be another point of view worthy
I of notice. The Settlement Act,
I chapter 14  of the British  Columbia
Statutes of 1884, seems to transrer
such a title in the soil as to pre-
culde the province from granting any
license to fish in non-tidal navigable
waters existent on lands covered by
said grant.
There is, in my opinion, no foundation in law for the claim that fish
herein were jura regalia such as the.
precious metals. 1 would therefore
answer each of the questions in the
1 understand from counsel that
though taking the form of "Reference under the Supreme Court act,"
this submission is in fact pursuant to
the consent or the province of British Columbia and Ihe Dominion as a
111.ans of determining Iheir respec
tlve rights in the premises,
It Is conceivable that British Columbia may before the Union or
after that event and before the Set-
.: :..:-..: .. ; I have : rrcd to, have
made  grants  Inconsistent   with the
operative effect to be given the respective results oi the legislation
dealt with in accordance with what 1
have said.      In either such case the
Ari ol Union or later Acl cannoi
By Mr. Justice Duff.
It will be convenient to consider
question 2.
The Colony of llritish Columbia
was established In 1858. By an
ordinance promulgated by Governor
Douglas, on the 19th of November
of that year, the laws of England,
criminal and civil, as they existed on
that date, were declared to be in
force In the colony "so far as the
same are not from* local circuni-
Btancea inapplicable," and hy an ordinance promulgated in 1867, after
the Union of the old Colony of British Columbia with -Vancouver Island,
the ordinance of 1S58 was made applicable to the whole of the new
Colony of British Columbia thereby
It is not suggested that from tho
first establishment of the Colony of
British Columbia down to the time
when the United Colony entered the
Canadian Union there was any enactment by any law-making authority affecting the public rights of fishing ln tldnl waters in any way materia] to the present question. At
the date of the Union the law governing   these   rights   may   be   taken
.Cant-mi.- on Fourth Pn��-.)
VICTORIA, B. C,    May    9.���An
important meeting of the Provincial
Forest  Board   was held  here  a  few
days   ago,   when   it   was   decided   to
confer upon all employees    of  the
Forest   Board     authority     to   issue,
suspend and cancel fire permits,    a
new proviso being added also under
j which   similar   authority   will   here-
| after be enjoyed and exercised    by
I all  road    superintendents    through-
lout the province, those officials now
I coming under the definition of for-
Iesters for permit issuance purposes.
1 This  action   will   be  welocmed     by
! settlers  the  province   over,   since   it
will   greatly   facilitate   the   securing
I of   permits   for   the   destruction   of
clearing  slash   wherever  such   work
1 has to be done by the agency of fire.
The  Board    also    re-enacted  the
j regulation of May 20 last with re-
1 spect to precautions necessary in the
] use of out-of-door fires for the coni-
j fort of travellers or for the preparation of food, in other words    camp
I fires.      lt    is    therefore  again  pre-
| scribed that "any person who during
I the  period  between  May   1   and October 1 sets out any camp  fire for
Ithe purpose of preparing food or for
I obtaining  necessary  warmth,   under
the  provisions of section  40  of the
.Forests Act shall  (1)  clear away all
inflammable material for a distance
jo fthree feet in every direction from
'the edge of said fire, and  (2 1  shall
totally   extinguish   said   fire   before
leaving the place."
In connection with the department's policy toward campers and
travellers, based on the text "don't
start a forest fire," notices will
again this season be conspicuously
clisplayed throughout the forest
areas pointing out plainly to each
one who reads that he may make
certain that he had had no part in
setting in motion a devastating conflagration by the observance of six
simple and easily remembered rules
of common sense:
"Be sure your match is out before you throw it away.
"Knock out your pipe ashes or
throw your cigar or cigarette stump
where there is nothing to catch fire.
Were Interesting Part of Evidence
Tendered Before Agricultural
The Royal Bank or Canada
(Prom  The British Columbian.)
Very interesting statistics as
to theaverage cost of hay production
gathered from experienced ranchers,
and the suggestion that the Provincial government initiate a commercial branch in connection with the
department of agriculture to assist
the producers in times of stress were
the chief features of the evidence
submitted to the Agricultural Commission which resumed its sitting at
Ladner Saturday morning. Prominent residents of the district testified as to prevailing conditions ln regard to matters affecting agriculturists and many suggestions for improving defects were submitted.
Mr. W. H. Hayward, M.P.P., chairman of the commission returned
from Victoria in time to resume his
position. Associated with him were
Mr. Alex Lucas, M.P.P., Mr. J. J.
Campbell, Nelson; Mr. J. Kidston,
Vernon; Mr. S. H. Shannon, Cloverdale and Mr. C. B. Christensen, secretary.
Mr. E .Hutcherson, a follower of
mixed farming, hay, grain and vegetables, being his principal crops, was
the first witness called. The wholesale houses, he Bald, were making
concerted efforts to place prices below the cost of production. Many
classes of green vegetables did not
pay cost of gathering on account of
low prices offered and "the prohibitive transportation rates. If the
producer received a fair percentage
of the price paid by the consumer
farming would be. profitable, but he
considered too large a margin was
secured by the middlemen. He instanced a shipment of cauliflower
which sold by auction at 40 cents per
Incorporated 1869.
Capital Authorized       $25,0(10,00(1
Capital P��ud Up       *U,500,ooo
Rest    ���    *12,5()0,ooo
Aggregate Assets, One Hundred and Seventy-Five  Million
It is the aim of the management of this Bank te make every <*.
positor welcome, and to give the best possible attention to hls flnan ���<��
Accounts may be opened with deposits of One Dollar and Upwards
Interest pak" or credited at the highest current rates, on May 3is*. ��nj
November 30th each year.
Carry in stock a full line of
Sand, Gravel and Cement
Phone 7
Box 1332
Don't   build   a   camp     fire   any 1 dozen.     From the commission house
larger than is absolutely necessary,
and never leave it. even for a short
time without extinguishing it with
water or earth.
"Don't build a camp fire against
a tree or log. Build a small one
where you can scrape away the needles, leaves and grass from all sides
of it.
"Don't build bonfires; the wind
may come up at any time and start a
fire you cannot control.
"If you discover a fire, put it out
as soon as possible. If you can't,
get word of it to the nearest forest
ranger or fire warden as quickly as
you possibly can."
Regulations were also adopted to
have force this season in connection
with the operation of donkey engines, now an established necessity
of the modern logging camp. These
regulations, too are brief and business-like, as hereunder:
"Engines���Every donkey engine
and locomotive must be equipped
with an efficient spark-arrester and
with devices which will prevent the
escape of fire from ashpans and fireboxes.
"Ashes and coals���Ashpans and
fireboxes must, not be emptied
while locomotives are in motion.
Ashes and coals taken from ashpans
and rireboxes or locomotives and
donkey engines must be immediately
this selfsame shipment had retailed
at $2.50 per dozen.
He suggested the inauguration of
a commercial system in connection
with the Department of Agriculture
to discover markets for local produce
on occasions such as the present glut
of potatoes. The Western Australian government had overcome ex-1
actly the same conditions as prevailed in British Colvmbia at the present time. There the government had
established central selling agencies
in the larger cities to which the producers consigned their different commodities. Auction sales were held
daily and returns forwarded immediately thus allowing the farmer to
discriminate in shipping the following day. By placing strin/rmt regulations on foreign importations the
commission men had discovered it
more profitable to handle locally
grown productions. Peddling had
also been abolished.
What the man on the land required at present was a more economic
method of distribution. This could
only be attained by legislation along
the same lines as followed by the
West Australian government and
closed co-operation amongst the
producers themselves. He favored
government financial assistance in
furthering co-operation schemes.
The  Department of  Agriculture  ln-
I J. JOHNSTON, Proprietor
t   Ladner, B. O. Phone 2
f Sample Room. Prompt Service
|   Best Wines, Liquors and Cigars.     Rates Reasonable
Manufacturers and Dealers in all kinds of
Shingles. Lath, Sash, Doors Turnings and Hou*n Flalthlngi
Phone   R14 Kburne Prompt Delivery by Kail or Scow
extinguished with water or placed ] stead of being the flrst source of
in a safe pit or on a spot of bare | appeal for assistance was generaUy
ground. I resorted to when all other attempts
"Eire-righting   tools���Every   don -| bad proven fruitless,
key engine and locomotive must be I     Mr. A. D. Paterson testified as en-
provided with a sufficient supply of'gaging in mixed farming."    He farm-
water and  with  a  pump capable  of led over 1400 acres    and    generally
| forcing water to a height of twenty-J raised between 700 and 800 tons of
I five  feet,  150  feet  of  hose,  six  10-
, -mart,  buckets,     six     shovels,   three
axes,   three  mattocks,   all   to   be   In
.good   repair   for   fire-fighting   purposes.
"Snags���All dead trees and snags
, within 200 feet cf any donkey en-
j gine at work must be felled.
j "Watchmen���A watchman must
; be kept nn duty at every donkey en-
| gine under fire during the noon
; hour and two hours after operations
have ceaBed  for the day.
"Camps ���  A     sufficient     spnee
around  all  camp buildings  must   be
! cleared of brush and other fine com-
; bustible material.
"Smoking���Lighted matches, cigars, cigarettes and pipe nshes must
be completely extinguished before
being thrown away.
"Responsibility ���Foremen, engineers and all men  working in    the
I woods its well ;is contractors, opera-
i tors and owners are  responsible  lor
| the carrying out   or   these   regula
tor  plums  which   were  retailing at
Mr. W. Hornby gave evidence as to
conditions affecting truck farming.
He had paid "1750 per acre for 20
acres of land. His experience was
j that while yields in this class were
I very good satisfactory prices could
I not be obtained. He had sold cab-
, bages to a retailer at $15 per ton
| which were resold at $50 per ton.
Transportation facilities were very
poor. The delays iu delivering consignments resulted ln great loss,
' while the prohibitive express rates
prevented any advantage being
taken. He favored a special fruit
j and vegetable tariff at a moderate
rate. Co-operation with the establishment of a central selling agency
was the only adequate means of bettering marketing conditions.
tablishlng a central shipping agency
with aompetent men appointed to
Inspect and classify all produce consigned.
Mr. Jos. Cook, manager of T. E.
Ladner's ranch gave evidence along
the same lines as previous witnesses
particularly ln regard to dairying.
He had found Chinese labor thp most
satisfactory throughout his experience.
Dr. Wilson was examined as to
the operation of the local telephone
system. It was a paying proposition, gave eminent satisfaction and
the charges compared very favorably with the B. C. Telephone Company's ratei.
The difficulty In obtaining labor
was the main reason for his relinquishing farming. He tViotipht
the high cost of living could be oon-
I hay.      Stock-breeding     was   an   im-
; portant  branch  on  his  ranch.     He \
[considered    the    demand    for    all
j branches of stock most satisfactory j     ln ���        _nlmal8 slaughlere(1 j alderably reduced If more economic
] particularly in the case of beef cat- j after tubercullne te8t he thou|ht lh(.! methods   of   distributing  locnl  pro-
itle- government should Import high grade ! duce were afforded.
In  regard  to the cost of produc-   stock and    allow    full    value    for '     Comparison of the returns from
tlon of hay he had carefully figured  slaughtered  animals  to  purchasers. \ shipping to city dairymen  and the
j all  expenses  for  a term    of    four |     Mr. L, W.    Embree    engaged    in | condenBery were given by Mr. W. J.
, years and the hay outside of interest | general  farming  testified as to en-   Brandrith.
j on  money invested  he  found could , gaging extensively ln dairying.     He I	
be placed on the market at $5.25 per ] found this branch most profitable, I
ton. At the high values of land but experienced difficulty in secur-
hay could not be profitably sold at ing competent labor. The Vancou-
lower than $15 per ton. The In- , ver city market, he found the only
creased Importation of hay from the reliable commission house but this
State of Washington glutted the B. \ market could be considerably Im-
C. Market and he considered the un- j proved. The position was most uneven tariff worked an injustice on suitable while access waB very dif-
local producers. Legislation to I |*cult. The market was poorly ad-
rectify this defect should be carried vertlsed and cost of handling pro-
out. Alberta oats set prices for the j (*uCe eoui,j be considerably diminish-
grain markets, but the greater bulk I pd by the installation of additional ! ���'"''���'"  '" ���ever��-  Western papi      ':-'
Mr.   Hoi den   Answers  Report   That
Admiralty Disapproves of Clos>
ure on  Naval  Debute.
OTTAWA,  Mny 8.���At the opening   Of   the   House      yesterday.   Mr,
Bennett, Calgary, drew attention to
a  despatch  which he snld
1..   had
Tl 'HElit TI.Ol S   Milk   IS   SOLD.
such is OU) <��f   startling   Evidence
(Jlven By Mr.  H. T.  Page, of
MISSION, May 8.���The most sen-
���ational evidence given at the sitting
ot the Agricultural commission here
this forenoon  was furnished by  Mr.
of Delta oats were absorbed for milling purposes at a considerably higher flenre.     He considered transpor-
, tatlon   ihollltlei   as  eminently  satis-
The government ��� .-mum-ration In
case   of   animals   slaughtered   after
| tuberculosis inspection should be Increased, $66.50 ns a maximum allowance  fpr  grade  cattle  and  $100
I for purcbreds would be an Improve-
; ment.
Mr. Chris Brown, also a hay and
| grain farmer did not consider there
I was any profit realized on hay pro-
trackage allowing freight cars to
unload at the market door.
lie approved 0f testing dairy herds
for tubercular Infection, but. cohsld-
ered the allowance for animnls destroyed not high enough.
Mr. Alex Davie submitted evidence
as to conditions affecting the mixed
farmer. He found dairying very
profitable but difficulty In securing
satisfactory labor was an endleBs
source of worry. He did not think
the farmers were allowed sufficient
remuneration for tubercular animals
slaughtered and considered a mnxi
winch appeared In (he . - ronto
Globe or April 20, to the effei i 'li-**
the Admiralty thought it won
be well to force the naval bill
through the House by eloiun H<
desired lo nsk the gOVernmi-nl lf
there was any truth in the report.
"There is absolutely no * ;i.
lion nt all ror this report, >'
Premier  Borden.    "No   intimation
of  the  kind   has  been   received
| H. T. Page a prominent stockman of
j Matsqui who declared that the tuber-
| culine test now being applied by the
ductlon at the prices ruling this year. [ mum  allowance  of  $100  for  grade
Potatoes were a profitable crop gen- j cows and $250 for pure bred stock
orally  the average crop running  in ( a fair allowance.     It was unjust to
veterinary  under    government    in-' the  vicinity  of  ten   ton.  per  acre. ��� allow Washington dairymen to com-
j structions, was not being applied lui- j Dairying   was the    most   profitable  pete  ln  the  metropolitan     markets
partially.     Tiie commissioners were I branch  of agriculture  but  the  dir-J unless they complied with the same
! astounded  at    the evidence    which ' Acuity of obtaining competent labor j restrictions as regulated B. C. dalry-
they took with gret    care in    order - was the main objection to more fol-' men.
that an Investigation may be made  lowing this branch. I     It  had  been  his  experience  that
��� at once. Acting Chairman A. Lucas j Mr. W. A. Kirkland, a practical i where a locality was subdivided Into
| said that the government's orders , farmer, agreed with the statistics | small acreage for truck farming pur-
i were that animals on which the test | iubmUted as regards the production ' poses the greater bulk of such dl-
I reacted were to be slaughtered at \ of hay and that there was no mar-l visions passed Into the hands of
once subject to the seven days' quar- i gin of profit at present prices, tak- J foreigners which he. considered detri-
ing into consideration the high cost | mental to the Interests of the coun-
of labor and transportation. He
suggested the government establish
experimental farms In each locality
to determine the most profitable
crops suitable to each individual
community.     Demonstration lectures
an tine,
Mr. Page declared that he knew
of several instances where the test
had reacted and yet the dairymen
were allowpd to ship milk. He did
not lay the blame of this on the
veterinary making the tPst as he had
been authoritatively informed that
tin- instructions from headquarters
were "to go slow."
It. C. Abbott. A. M. Verchere. J, V
Catherwood, W. Alkenhead, VV. T.
Abbott and J .B. Cade all gave evidence at the forenoon session.
try. He advised greater care by the
producers In the quality of hay
grown ln the Lower Fraser Valley.
Mr. W. Montgomery, general
farmer thought that $7 iper ton a
fair  average  cost  for  the  prepara
by experienced men would also be of i tlon of hay for the market and $15
great benefit. (the loast possible figure at which the
In the small fruits and vegetable j rancher could afford to sell his crop
class of farming the margin between , Early potatoes were his staple crop
farmer and consumer was much too j and he had met with extraordinary
great. He Instanced a case In which ! success In that direction. He sug-
he had been offered 40 cents a crate | gested government assistance ln es-
-���-*���- ai IHKV���MACPHEBSOV
Saturday. Ma
A   quiet   wedding   was  solciniiiz���
in      si.    Andrew's      Presbyterian
church, Fort l-angley. B.C.. a
noon on Wednesday, April 23,
when  Miss Whilamlna   (Minn
I'herson   and   Dr.   P,   S.  McCi
both   or   Agassiz.   B.C.,   were
In  marriage  by Bev.  ('.  McDI
CHICAGO. May 7.���Slxti >
sons overcome by smoke wen
from death by four policemen
when fire, believed to have
started by burglars, destroyed
storey frame building at 153
i Fry-
Electric Restorer for Men
PhOSphonol restore! every net
r *'��� ttl proper ten
y nervo in t1
oper tension :
vim and vitality.  Premature deny .iti'l '   .      .
ivenlcncsj  ��vcrti*d at onre.    Fhoapi""10'   .
make vnu a new man.   I'nce ��lla few.1"-,;..-,_,
tt>.   Mailed to -myiddrMt.   TheScolx-l"''���""
Co., Bt. Catharine*, Ont. . ���;���" f"��i|",
SATVBDAY, MAY  10,  1013.
\9\^^**^********r******r***i*< *******<
! >i^^w++w********************'>*****^^^
William PybuB was a visitor
to Ne
w  Westminster on Saturday.
C   C.  Hoyle    visited
Westminster on Tuesday.
ReV. J. 3. Hastie visited Vancou-
on' vvednesday.
\tT R A. Coleman was a visitor
t0 "the Terminal City on Tuesday.
Mr c. H. Davis made a business
visit to Vancouver on Tuesday.
Mr J. Williamson is -the victim
0f'a severe attack of lagrlppe.
Mr Edwin "Buck" Hutcherson is
..present at the ".'vers Inlet Can-
;  .  ,' Rivera Inlet.
M,.    and   Mrs.   Walter   Pybus   re-
,1   io   Vancouver   on   the   New
Thursday   evening.
The Trader was a visitor to the
-p,t   of  Ladner  on  Tuesday     with
eral freight from Victoria.
he Westham is engaged in dellv-
_   raiinery   supplies   to   the   va-
_a plants along the river.
Mr.  H.   W.  Slater  has  recovered
from his recent indisposition.
Rev. C. R. Blunden ���vras a visitor
to I.adner on Tuesday.
Mr.  F.  Brawn  was a gftsitor
Ladner during tho week.
The  lacrosse  season   has  arrived
Opening game May 17th.
Miss  Annie   Bown       visited   New
Westminster on Friday last.
A party of Brackman-Ker officials
were visitors to I.adner on Thursday.
Mr. Wesley Dorland was a passenger on the Transfer Monday morning.
Mr. S. W. Walter made a business trip to the Terminal City
Mrs. Bentley, of Vancouver, is visiting her sister, Mrs. David Black of
Mrs R- Deane and Miss Ada Dean
... ,rried from New Westminster on
Transfer Saturday afternoon.
Mrs. George T. Baker was a pas-
��� . ..r to New Westminster on the
������ anBfer Monday morning.
Miss Gladys Devereaux returned
to High School ln New Westminster
the beginning of the  week.
Mrs H. N. Rich was a visitor to
the May Day festival in New Westminster on Friday.
Mr Tom Trapp, of New Westmln-
e-,'r. was the guest of Mr. G. T. Baker on  Wednesday.
Mr. and Mrs. T. W. Foster visited
New Westminster and Vancouver on
Thursday by automobile.
Misses Ethel and Eva York were
visitors to the May Day celebration
in New Westminster.
MIsb Kitty Splayford, of Colum-
I [an College, New Westminster, was
tie- guest of Miss Maude Hutcherson
lasi week end.
Miss Mabel Lanning spent the
week end at the home of her parents,
Mr. and Mrs. W. J. Lanning, Delta
Mr. and Mrs. S. W. Fisher and
their two daughters visited Vancouver on Tuesday.
Dr. .1. Ker Wilson returned from
a business trip to Vancouver on Tuesday evening.
Mr. Gus Devereaux returned from
the Royal City on Saturday, spending the week end at his home here.
Mr. Marion, of Point Roberts,
was a pessenger via the New Delta
Tuesday evening.
Mr. Donald Kean has severed his
connection with W. McCrea's billiard parlors.
Get the Dunlop Traction Tread Bicycle Tyres from the Taylor Electric.
None better. **
Rev.  D.  G.  McDonald,  a veteran
OLYMPIA, May 8. ��� Governor
Lister is quietly hearing arguments
in favor of a consolidation of the
two boards of regents of the University of Washington and the state
college at Pullman.
The  chief executive  of  the  state
has reached no decision as to what
i stand he will take, but intends mak-
i ing a thorough study of the advisa-
| blllty of such a move.    A campaign
headed by John A. Rea, of Tacoma,
t0 | one of the regents of the University
of Washington, has    been    started
with the purpose of presenting the
question to the next legislature.
Timber Worth $41,000,000.
ABERDEEN, May    8.���There    is,
enough green    timber    in Chehalis
county to pave a street more than
thirty feet wide with four-inch thick
timber, around the earth.    Counting
dead, down and burned timber, there
would be enough more to put Btrlng-
ers under this road, put up occasional  sign  posts and  run  a hand rail
where the street crossed the ocean.
The county cruise on file shows 20,-
732.394,365   feet   of     green   timber
now merchantable,  and  795,299,746
feet  of   dead   down   timber  that   is
merchantable.     The   grand   total   of
merchantable timber is 22,260,048,-
311 feet.
The total value of this timber
conservatively estimated is $41,500,-
Suicide in Court.
SNOHOMISH, May 8.���H. N.
Stockton, police judge of this city,
committed suicide at 10:15 o'clock
Wednesday night by shooting. The
bullet pierced his right temple. His
death occurred half an hour later.
Judge Stockton was in his chamber
when the city council was ln session.
Although his office adjoins
the council chamber the report of
the revolver attracted no attention.
Judge Stockton was 44 years old.
He was a native of Indiana and came
to this state twenty-five years ago.
He was a member of the Knights of
Pythias, Yeomen and Eagles.
Governor Cannot Ship.
SPOKANE. May 8.���How ex-Gov.
M. E. Hay attempted to ship as an
able bodied seaman to reach his
holdings in Mexico and hov> the
captain spurned his services was told
today by E. T. Hay, his brother, on
returning from an  Eastern trip. M.
Notice to Contractors.
Hall's Prairie School.
minister of the Baptist Church, has ! ^c'u' '""s """��� ""*-.-- *.*T_v
arrived to take charge of the local I ?'.?S  ��Tf  P.8iK much -, ., ���*.��_.
pastorate. lnot -ittle state of Tobasco���117,00��
Rev, I'rincipal C. A. Seager, M. A.,
preached in All Saints' Church on
Sunday last. He was the guest of
Mr, II. N. Rich while In Ladner.
Rev. C. W. Whittaker has been
absent this week attending the district convention of the Methodist
Church in New Westminster.
Mr. Joe Newell is enjoying a
forced vacation from his business
duties, th'e result of an accident at
the Brackman-Ker wharf.
Rev. 3. 3. Hastie has been attending the annual synod of the Presby
terian Church in Vancouver "*"���'*
Miss Ferris, teacher    at Crescent
^^^^   Island,   Is  reported   as  having  had
Mrs   J    Swords  and   children   of   to relinquish her school duties tem-
Vlctoria   are   the     guests     of  Mrs. [ porarily on account of illness.
Swords' mother, Mrs.  Devereaux, of
el ner.
One of the fine horses recently
purchased bv the council died the
V-inning of the week. Pneumonia
le given its the cause of death.
Miss Myrle Hutcherson was one
of the many Ladner high school
students who attended the May Day
festival In the Royal City.
acres to be exact.
Ex-Gov. Hay tried first to purchase railroad tickets for the south
of Mexico. The company would not
sell them. Then he communicated
with the railroad's president, but
even this failed. The rebels were
too active and it was absolutely Impossible to operate trains. The brothers turned to the steamship companies. The only ships sailing were
booked far in advance. Finding cajolery failed, the Hay brothers took
a last desperate step. They offered
to ship as able seamen, and they
were  refused.
STEVESTON, B.C., May 7.���The I
frosts experienced last week, al-
though rather severe for this time
of the year, did very little damage
to vegetation on the island, the sea- |
son being about two weeks behind
this year.
It is rumored that an arena similar to the one at Steveston will be
built at Brighouse near the race | ^^^^^^^^^^^^^^^^^^^
course if the necessary1 permission I sealea tenders, superscribed "Ten-
is obtained from the municipal dor t-0I. Hall's Prairie School," will
council. be received by the Hon. the Minister
A meeting of the Ric.imond of Public Works up to noon of Fn-
branch of the Victorian Order of ; day, the 23rd of May, 1913, for tne
Nurses will be held at the home of ieiection and completion of a two-
Mrs. O. E. Darling on Thursday, , loom school-house at Hall's Prairie,
May 8. It is expected that at this ��� in the Delta Electoral District,
meeting final arrangements will be; Plans, specifications, contract, and
made by the executive for the com- j rorins of tender may be seen on anil
Ing of the district nurBe. lafter  the  28th   day  of  April,   1913,
No 9 road from No. 2 to the B. at the office of S. A. Fletcher, Gov-
C E R track is closed to traffic [eminent Agent, New Westminster;
while undergoing repairs. Autos Rev. T. H. Wright, Secretary of tne
end other vehicles bound for Steves- School Board, Cloverdale; and tne
ton Will find good travelling via No. Department of Public Works, Vic-
2  and  Moncton  street. j toria.
The B C. Telephone Co. has ar-1 Intend tig tenders can obtain 8
ranged for all night long distance:'"I'>- of the plans and s*|,ecf,canons
service to be given from their pay ft ����WM to he undersigned ror
station in the Steveston Transfer I the sum of ten dollars < $10, whicn
This  will  be available  also Iwl"he refunded on their return in
1 good order.
Each   proposal   must   be   accompanied by an accepted hank cheque
or  certificate of  deposit  on  a chartered bank of Canada, made payable
| to  the  Hon.  the  Minister  of   Public
(Works  tor a sum  equal  to    10  per
Professional Advertising
Th* phyilclan hat a sign on hit
doar. That tt an udvertltemtnt to
tha patter-by. Comparatively few
people toe tho ttffn howover.
Why not carry your Kgn into ail
tha best homes In town ? You
can da to by a Ciassttlod Want Ad.
���nd without lott of professional
dignity too.
on  Sundays and  holidays.
CAMBIE, Lulu Island. May 7.���
Following a decrease of ten pounds
in pressure in the water system yesterday,  Supt.  Lockhart  discovered  a
bad leak in the steel pipe line on the,..., Qf te_-er| whif.h ghaU fae fo__
No. 10 road close to the New West- felted if the p-nv tendering decline
minster boundary. Water was otil,. {.nter int0 cor.^-a,.t when called
for about an hour while the leak was j upon to do .._ _r jf he f_��� .. com_
plete the work contracted for. The
cheiiues or certificates of deposit of
unsuccessful    tenderers   will   be *re-
For Bale, For Exchange, Wnntad to
Puroliase, To Let, Lo-n. Pound. Work
���Wanted, Situations Va.-a.nt, 1 cent par
word. Minimum, S cents for any <�����
ailvt. These ratei tor cash with order.
All Want Ads. mutt be la bj 1 p.m.
on Thursday.
being repaired.
Game birds are especially plentiful
on Lulu Island at present. A sally
of half a mile into the peat bog from
the No. 5 road, and wild geese and
wild turkeys in considerable numbers
can be seen. Several varieties of
ducks are common. Cock pheasants,
mated up with females, are frequent
sights along the interurban car line,
to which, apparently conscious of the
fact that the law protects them, they
approach in close proximity.
The grading and rocking of Basil
street from Sexsmith street to the
B. C. E. R. right-of-way has been
authorized by the municipal council.
turned   to  them  upon  the  execution
of the contract.
Tenders will not be considered unless made out on the forms supplied,
signed with the actual signature of
the tenderer, and enclosed in the
envelopes  furnished.
The lowest or any tender not
necessarily accepted.
Public Works Engineer.
Department of Public Works,
Victoria,   B.C.,   April   25th,   1919.
Mrs.   E.   K.     Chiddell     and   the
ises Chiddell, of Crescent Island,
nirned  from New Westminster on
i unlay afternoon.
Ir   W.  .1.
���   weather,
h ii an early
Lannlhg is still under
His many friends wish
return  to the best    of
The annual conference of the
Methodist Church will be held in
Wesley Church, Vancouver, next
week, commencing Wednesday, May
Mrs. A. T.indseth nnd Miss Esther
Llndsetll visited New Westminster
nn Friday last, taking in the May
Day carnival and returning on Saturday.
Helta   Shamrocks   held ]
r first  regular workout last Sat-
daj  evening and are now holding
Kular practices in preparation for I
-  opening clash with the Beavers
���   May  17th.
Westham Island larrosseurs and
the Heavers are working out regularly and everything points to a
very prosperous year In alcrosse circles.
Mr A. Bull, of Lanning, Fawcett
Wilson's.   Ltd.,   haB   returned   to
idner after a somewhat lengthy pe-
<l of confinement to Burrard Snn-
irlum,   Vancouver,     following    an
leratlon for appendicitis.
The  meeting  of   the   executive  of
Lower   Fraser   Valley   Lacrosse
fflgue called for Saturday night did |
��� materialize owing    to the non-
i-aiance of East Delta delegates.
was   postponed   until     Thursday
The opening fixture nf the lacrosse year was scheduled to take
place on Friday evening when the
Young Beavers (Ladner school) met
the Westham Island Juniors at
Westham Island.
Mr   Adelbert  Oliver left  for    the
coast  or  Vancouver  Island   on
morning.    He  will   be
The  B.   C.  Electric   Railway    has
-    completed      the     extensions
ri pair work which hns been
real (or the pas'   four
���   mldle of next   week  should see - p]Mfl
removal  of Ihe  rcmnnder of the
employed here.
west   ^^^
Wednesday ^^^^
absent until early in the winter
turning tiie managerial duties of a
cannery  on  ClayoQUOt  Sound.       His
newly   completed     gasoline
will   follow   In   the  course of
or so.
B   week
Keogh'a    moving    picture    show
n-fiiln  attracted  a  lame crowd  hurt
Saturday evening,      The usual high-
entertainment     was    afforded
under the capable management    of
P^^^^^^_^^^^^^^^^^^^      Mr.   Keogh       The   (Urns    were of  h
' 111i��li  order and created much  favor-
isB   Seeds���Tlmothv,     AJsyke | able oorament. Uncle Tom's Cahln is
popular attraction for this flat-
Red Clover. Rye Grass: Brnn I tht
i shorts. Dairy Chop, com. Rice
Wheat, Chick Feed. Chick Rice.
I Sacks, may be obtained of H
Rich, agent Brackman-Ker Mining
Ladner. B.C. *���
vttentlon has been directed io a
ertlon of the Game Protection Act
*hlch forbids the molesting of game
��� hunting with dogs during the
losed season. It Is understood
thai ibis practice ls being indulged
In by several parties and warning
ha iieen given that the Delta Game
Protection Association intends to see
thai the law In'this direction Is en-
I ireed.
The annual meeting of the Women's christian Temperance Union
was held at the home of Mrs. R.
Stokes, Slough Road, concluding one
of the most prosperous years in the
history of tlle Ladner .branch of the
Organisation, The treasurer's report showed that the receipts for the
year amounted to $1.14.27 nnd that
the expenditure totalled $116.95.
leaving a credit balance of $17,IU.
The money wns largely devoted towards furthering moral reform nnd
temperance work throughout the
BRIDGEPORT,    May    fi.��� Discus-
"U as to the best means of meeting
���>' financial situation brought about
the  rapid  extension  of the roads
��� ������������m   took   place   al   the  session  of
i" Richmond municipal council yes-
'day afternoon.    It  was urged thai
lopment work.    Up to the present   unopened
hail   been
CLOVERDALE, May 5.���The secretary of the Surrey school board
brought a large amount of business
before the school board at its meeting last Saturday. The schools are
making satisfactory progress and
the trustees are well pleased with
the plans for the new school at
Hall's Prairie. Great improvements
are being made by fencing the
grounds etc. and many teachers are
making "school gardens'' this year,
the seed being provided by the
Women's  Institute.
The Surrey school boai.f met for
the transaction of business in Kensington Prairie school on Saturday,
May 3, 1913. All members of the
board were present. Minutes of the
I previous session were read and on
: motion adopted. It was decided to
name the new school at Scott road
"Strawberry Hill" and retain thei
name Scott road school for the old
Scott road school, which reopened
on Thursday if this me* ts with the
approval of the department of education.
Miss   Joyce   Banford     and     Miss
.Gladys   Whiteley   are   granted   per-
! mission   to   provide   substitutes   for
June  -7 and June  30 in order that
;they may make arrangements to go
to  Great  Britain  with  the teachers*
Mr. .lames Moffat has heen given
the contract of fencing the Strawberry Hill school site. E. Twolls
of Port Kells will plough and seed
the   school   site   at.   Springdale.
Considerable time wns spent over
the question of water tights at Kensington Prairie school nnd a committee   was   formed   to     Investigate
A number tif the settlers were
present and urged the school board
to settle the matter as it was unreasonable to deprive the school children of drinking water.
The school board reported that
they had no power to mako nny
change In school hours as the
school law was explicit and the
rules and regulations must be observed   in  opening  and  dosing  the
Trustee Johnson will have a new
I fence erected at the East Kenslng-
I ton school at an early date.
' The chairman reported that Miss
' Evelyn Brown had been appointed
I teacher at Scott road and Mrs.
: (Dr.) Fyfe at Anradale. Both come
'very highly recommended.
White Rock school is overcrowded. An effort will be made to relieve the congested condition and
if possible provide more room until
permanent quarters    C"     *""     *"*���-
Holy Communion, first and third
Sundays at 11 a.m., second fourth
Sundays at 8 a.m.; matins, 11 a.m.;
Sunday school at 10 a.m.; Evening
Service at 7.30 p.m.; Wednesday
evening, Litany at 8.30. Rev. C. C.
Hoyle, M.A.,  vicar.
Baptist Churcb.
Pastor, Rev. C. R. Blunden.
Ladner���Sunday school, 11 a.m.;
evening service, 7.30 p.m.; prayer
meeting, Wednesday, 7.30 p.m.; missionary meeting every first Wednesday under the auspices of the Ladies'
Crescent Island���Sunday school, 2
p.m.; service, 3 p.m.; singing practice and Bible reading, Tuesday, 7.30
Gulfside Schoolhouse���Union Sunday school, 2 p.m.; singing practice
and Gospel service. Friday, 7.30.
Church services will be held every
other Sunday, beginning with Sunday, November 14, 1909: Parochial
mass at 10.30 a.m.; Sunday school,
2 p.m.; evening devotion, 3 p.m.;
low mass the following Monday, 6
a.m.    F. Kientz, D.L.. parish priest.
Services next Lord's Day at 11
a.m. and 7.30 p.m.; class meeting,
before the morning service every
Sunday; Sabbath school at 10 a.m.
every Sunday; Epworth League
every Wednesday at S p.m. Kev. C.
Wellesley Whittaker, pastor.
Ht.  Andrew's  Presbyterian.
Services next Lord's Day at 11
a.m. and 7.30 p.m.; week night services on Thursday evening at 7.3f/
o'clock; Sunday school at 2.30 p.m.
Rev. J.  J.  Hastie,  minister.
Take notice that the partnership
heretofore subsisting between John
M. Collinson and John W. Fraser, as
Livery Stable Men and Teamsters,
has this day been dissolved, by mutual consent. The business will hereafter be carried on by William a.
Maxwell, by whom all accounts of
the old firm will be paid and to
whom all outstanding accounts due
the old firm are to be paid.
Ladner, April  25th,  1913.
FOR SALE���General purpose horse,
nine years. Apply A. Lovlck, Chal-
luokthan  street,  Ladner.
FOR SALE���Good dairy cow, age 8
years (tested). W. Mason, Box 7,
Ladner,  B.C.
Successor to P. C. Clark
General Blacksmithing
Delta Telephone Co., Ltd.
Incorporated 1910.
Notice iB hereby given that a Court
of Revision of the assessment roll
for the year 1913 will be held in
the Council Chambers, Ladner, B.C.,
on Monday, the 12th day of May,
11113, at  10  a.m.
Notice of any complaints must be
given to the Assessor in writing at
least ten days previous to the sitting
of the Court.
Dated at Ladner. B.C., this 12th
day of April,  1913.
We are prepared to Install single
line or party line phones at short no-
tire. Long distance In connection with
our service. Apply to
A. DeR. TAYLOR, Sec.
Poultry Wanted
Rest Prices Raid.
City Market. Vancouver.
Dr. de Van's Female Pills
A reliable French regulator; never falls. These
pills are exceedingly powerlul in regulating tlio
Renerative portion (it the female system. Kelnse
all cheap Imitation!. Dr. de Van'- are suh] at
*." a hnx, nr three It.r till. Mffileil to any address.
Tha Snobe." limn *"*���>.. St. < tttliarliie���. <"'
Any corrections In above names or
times should be sent to the office
of the Delta Times. Ladner. B.C.
Highest   Prices lor l/ive anil Dm-M-il
Poultry,    Fresh Kggs anil    Pro-luc��\
Consignments Solicited,
City Market, Main St.,    Vancouver.
The   attention     of     hunters   and
owners of dogs Is drawn to the fol-|panled by a fee of $5 whirl
Coal mining rights of thc Dominion, in Manitoba. Saskatchewan and
Alberta, the Yukon Territory, the
Northwest Territories and in a portion of the Province of British Columbia, may be leased for a term
oi twenty-one years al an annual
rental of $1 an acre. Not more than
2fifi0 acres will be leased to one applicant.
Application for a lease must be
made hy the applicant in person to
the Agent or Sub-Agent of the district In which the rights applied for
are  situated.
In surveyed territory the land
must he described by sections, oi
legul SUb-dlvi��ions of sections, and
In unsurveyed territory the tract applied for shall be staked out by the
applicant   himself.
Each  application   must   be  accom-
will  be
axxxxxxxxy <    ^^^^^
Mineral and
Soda Waters
New Westminster, B. C.
Manufacturer of
ALE and all kinds ot
Your Patronage Solicited
lli'giniiing April   1st
Via Steveaton and
8.8.    "NEW    DELTA"
To Vancouver and New Westminster.
Week Rays.
Leaves   Ladner   8:80   a.m.,   12:..u
p in. and B::ifl p.in.
Leaves Steveston on arrival of car
leaving Oranvllle street, Vancouver, station al 8:80 a.m., 18:80
p.m., and 8:80 p.m, New Westminster passengers will take car
leaving ut 8:00 a.m., 12:00 and
6O0 p.m, for Kliurne car, to conned with the boat,
time  the  general   revenue ,,_,--,,
for   thi:   construct ten     of  tained.
the   maintenance  of|^"^j--^   8p-djng   ,,,���   rIover.
dale school  grounds.
new  roads  and ^^^^^^^^^^^^^
old ones.
Th" receipt of tenders ror the erection of the new court house brought
the meeting to a standstill and the
necessity* of railing the,taxei or else
the abandonment of the court DOUie
transition of Lulu Island from a I plans presented Itself
ly agricultural community to a Consideration of lhe matter was
-urban slate demanded the In-'deferred Until the next meeting ot
uctlon of a mottey bylaw for de-\the council, the tenders   remaining
Charles   Ralne  has
lowing clauses of Ihe flame  I'rotec
tion  Act:
"(2) It shall also he unlawful for
any person to hunt birds with dogs
between the fifteenth day of April
and the first day of August, both Inclusive, or to allow dogs to run after such birds on or between said
dates. H^^
"(3) Any game warden, constable li"-."'
or peace officer may take any dog
found running deer or any dogs
hunting birds during the prohibited
months, and retain the same until
such time as tho owner is found and
| "(4) The owner, if found and
finished   convicted,  may  regain  possession of
be    ob-
i "lied Cap," imported Clydesdale
stallion, owned by Mr. \"'. Cro_I*sr,
nf Langley, B. <".. was n big winner
ii, the recent Vancouver Horse show,
taking flr.t prize In his class, three
j years and over, besjdea winning the
lull   age championship.
any dog so taken upon payment to
I such game warden, constable, or
! pence officer of the sum of two dollars a week for every week during
which such dog is in the possession
of tho game warden, constable or
peace officer. If the owner falls to
regain possession within two weeks
from the date of seizure, the dog
may lie destroyed."
A. delt. TALYOR, Secretary,   paia  ftr.���316.0
refunded If the rights applied for
are not available, but l.ot otherwise
A royalty shall be paid on the merchantable output of the mine at the
rate of five cents per ton.
The person operating the mine
shall furnish the Agent with sworn
returns accounting for the full (iiian-
tity of merchantable coal mined and
the royalty thereon. If the coal
mining rights are not being operated, such returns should be furnished
at least once a year.
The lease will include the coal
mining rlphts only, but the lessee
may be permitted to purchase what
ever available surface rights may be
considered necessary for the working of the mine at the rate of ).
an acre.
For  full  Information    application
should be made to the Secret a-
the  Department  of the Interior. Ottawa, or to any Agent or Sub-Agent
of Dominion  Lands.
\V   W. CORY.
Deputy Minister of the Interior.
N.  n.���Unauthorized  publications
'of   this  advertitu-ment   will   not     be
North Coast Land Co
I'til<l-tip   Capital 91,500,000.00
General Offices, Metropolitan lUdg.
Vmir��nv-T.  R.O.
SeiHlfmen to ills Majes-iy ib<- King.
A. ,). WOODWARD, Sole Agent.
i.I8 ('in. tillr St.,  Vancunver
��l"> i-'i rt St., Victoria,
Catalogue on application.
'���. ' ���
��� i.
SATURDAY, MAY  10,  lot*,.
(Continued from Second  Page.)
for our present purpose to have been
the law of England "so far as the
same was not from local circumstances  inapplicable."
The soil of "navigable tidal wafers" like the Shannon, so far as
the tide flows and roflows, is prima
fade in the Crown, and the right of
fishery prima facte in the public.
But for Magna Charta, the Crown
could, by Its prerogative, exclude
the public from such prima facie
right and grant the exclusive right
of fishery to a private individual,
either together with or distinct from
the soil. And the great charter left
untouched all fisheries which wero
made several, to the exclusive right
of the public, by Act of the Crown
not later than the reign of Henry
This statement of the law contained in the opinion of the judges
given by Mr. Justice Willes ln 1663
in response to a question put hy the
House of Lords In Malcolmson v.
O'Dea, 10 H.L.C. at p. 618, was expressly approved by the House, and
ts of course a final pronouncement
as to the state of the law of England respecting public rights of
fishing in tidal waters on th_e 19th
November, 1858. I can think of no
good reason why the rule enunciated in this passage should be supposed to be inapplicable to the circumstances of British Columbia, and
I think it mtist be held to have been
in force throughout British Columbia in 1871 when the provisions of
the British North America Act became applicable to the province. That
statute vested in the Dominion parliament the exclusive authority to
make laws relating to the "Sea
Coast and Inland Fisheries," and in
Attorney-General v. Attorney-General, (1898) A.C., 700 one consequence of this wns held by the
Privy Council to be that "all restrictions or limitations by which public
rights of fishing are sought to be
limited or controlled can be the subject of Dominion legislation only"
(p. 716).
lt follows that question 2, in so
far as it refers to a supposed exclusive right to be created by the province in tidal waters, ought to be
answered  in the negative.
The question as framed goes further; but no suggestion was made
ln the argument as to the character
of any possible non-excluBive rights
of fishing grantable by the province
in tidal waters and as I do not understand whnt point is intended to
be raised by the reference to such
possible rights, I must ask to be permitted to treat the question as confined to exclusive rights.
I may further add that I have
treated the question as relating only
to rights of fishing as commonly understood, that is to say, rights to
take flsh (not being royal fish as to
which our opinion is not desiredf
that as ferae naturae are, where the
fishery Is public, the property of nobody untn caught.
Treating question 3 as also confined to exclusive rights of fishing
in the sense already indicated that
question must for the same reasons
be answered in the negative. It is
not necessary to consider the very
important question whether the bed
of the open sea within the three
mile limit is or is not vested in tho
Crown in right of the province.
For the same reason also the first
branch or the first question must be
answered in the negative. The public right being subject to the exclusive control of >lie Dominion parli*-
uient it is immaterial whether the
beds of t.id-il waters passed or dit'
not puss to the Dominion water under the transfer or the railway belt,
The second branch of the first
question  raises a different point.
li must, I think, be answered in
the  II Igatlve  for these  reasons.
' n��e 1,: la of :;������-. tidal navigable
waters within the Railway Belt, in
my opinion, passed to the Dominion
by the transfer effected by the Settlement .\,.| -.., that act, s, 2, .7
Vic, i-   1 1. the lands 1 ransferred are
thus described: The public lands
along the line of railway* * "to a
width of 20 miles on each side of
the line.
It is argued that the beds of waters within the boundaries indicated
by this language did not pass to the
Dominion for two reasons:
(A) It is said that the right of the
Crown to such beds at the date of
the Union with Canada as well as
at the date of the Settlement Act
rested upon prerogative tide; and
that according to the judgment of
the Privy Council delivered by Lord
Watson ln the Precious Metals Case,
14 A.C., the term "public lands" in
the description above quoted must
be taken not to comprise any land
held under such title. It cannot be
doubted that expression can be quoted from the judgment of Lord Watson which taken by themselves might
appear to lend some support to this
view of that decision. At p. 303 for
example, he says:
It therefore appears to their lordships that a conveyance by the province of public lands which is In substance an assignment of its right 16
appropriate the territorial revenues
arising  from   such   lands  does   not
imply any transfer of Its Interest in
revenues arising from the prerogative rights of the Crown.
]     It is unnecessary to decide wheth-
I er passages such as this justify the
I construction   the  province  seeks to
I place upon the judgment as a whole;
i for it is clear, 1 think, that the beds
I of  non-tidal  waters whether navig-
1 able or not, do'not, according to the
I law  of  British  Columbia, belong to
the Crown jure prerogativae.    That
I such Is the law of England is indis-
j pitiable.    Britow v. Cormican, 3 A.C.,
and Johnston v. O'Neill (1911) A.C
I at p.  557.     Mr. Lafleur referred to
certain  expressions in  books of authority  which  designate    navigable
non-tidal  rivers as "royal    rivers,"
and  sought to draw the    inference
that the beds of such rivers are held
under prerogative title.    The slgni-
cance of such expressions is fully explained by Lord Hale in the second
chapter of De  Jure Maris     (Moore
l-'oreshore,  p.  374).    They    signify-
nothing  more  than   the    expression
"King's  Highway"  as  applied  to a
highway   on   land.     See     also     the
judgment of Bowen, L. J., In Blount
V. Layard, 91, 2 Ch., p. 687.
It seems t.o be argued, however,
that in this matter of the nature of
the title by which the beds of such
wears are held the law of England
is from local circumstances inapplicable to Brittsh Columbia, and that in
that province the beds of navigable
non-tidal waters are (like the beds
of tidal waters) the property of the
Crown in  right of prerogative.
I cannot understand why it should
be supposed to be more In consonance with the circumstances of British Columbia that the beds of non-
tidal navigabble waters vested In the
' Crown should be deemed to be held
under prerogative title than that
such beds should be held under the
same title as ths Crown lands In the
province generally. In the argument
counsel dwelt upon the great size of
the lakes and rivers. The rivers of
Vancouver Island are diminutive
when compared with the Shannon,
and there ls certainly no lake as
large as Lough Neagh. On the
mainland there are lakes perhaps
twice as large as Lough Neagh, and
rivers much longer than the Shannon; but what conceivable inconvenience could the community suffer by
teason of the beds of those waters
being held by the Crown under the
���mine title as other Crown lands?
From the very beginning full authority to deal with Crown lands of
every description wns vested ln the
local legislative authority. The first
local lawmaking authority was that
conferred upon Governor Douglas,
who was appointed the 2nd September, 1 S f,S. and under the authority
of an Order-in-Council passed pursuant to 22 Vic, C. 49, was invested
with [lower to make laws for the
"peace, order and go.id government"
of tho Co'ony and it. was in exercise of this power that the ordinance
of 19th November, 1Sr;8. already referred to, providing for the introduction  of  the law of  England was
passed. All Crown lands and mines
in the Colony whether held under
prerogative title or not, came under
the legislative Jurisdiction of the
governor and from that time forward
they became the subject ot legislative provision as occasion arose.
One is at a loss to surmise what
"possible practical importance could
attach to the point whether beds of
non-tidal waters which were the
property of the Crown and were subject to the local legislative authority
were to be technically regarded in
the eye of the law vas held according to one description of title or according to another. I do not think
there is the slightest ground for
holding that ln this matter the rule
or the common law did not come into
force simpliciter.
(B.) The other ground upon
which the province contends that
these beds did not pass to the Dominion is this. It is said that ln British Columbia the Crown's title to
the beds of non-tidal waters which
are capable of navigation ln fact are
like its title to the beds o�� tidal waters burdened with a public easement of navigation; and lt is said
to be a rule of construction applicable to grants by the Crown to a
subject that lands held by a title
burdened with such a public servitude do not pass except by express
words or by necessary Implication.
This rule of construction, lt Is argued, ought to be applied to the Settlement Act. The object of the transfer being it is contended, to enable
the Dominion to recoup the cost of
construction of the railway, by selling the land to settlers a presumption arises, it is said, that only such
rights were intended to pass to the
Dominion as in the ordinary couf-e
would be granted to settlers. It does
not appear to me to be necessary
for the 'purpose of dealing with this
argument to express any opinion
upon the very important question
of how far and upon what principle
public rights of navigation are recognized by the law of British Columbia as existing in non-tidal
waters capable of being navigated.
Certain rivers and lakes in that
Province which from the first settlement of it have been used as public
highways are, one cannot doubt, sub-
ject to a public easement of passage.
Such rights can in the case of such
waters be maintained upon grounds
which involve no straining of the
principles of English  law.
There are on the other hand lakes
and streams capable no doubt of
navigation whose economic value for
the community is primarily due to
their availability or potential availability for purposes of irrigation, of
mining and of industry generally.
From the first settlement ot the
country the necessity of making
provision for the application of the
waters of lakes aud streams to these
purposes was recognized; and a system of "water records" which, while
not entirely displacing riparian
rights, recognizes the paramount
right of the Province to control the
use of such waters, and under which
riparian owners and others may.
upon application to the public authorities, acquire the right to divert
such waters from their natural beds
for such purposes has for years been
a settled feature of the law of the
Province and has always been regarded as essential in the interests
of provincial industry. On the other
hand these waters are often so situated that while they are capable
of navigation in fact the practical
interest of the community in them
as possible ways for public travel
or transportation could only be infinitesimal.
It ls not necessary, I repeat, ln
my view of the question before us
to say whether the law of England
was so modified on Its introduction
into British Columbia as to give rise
to a public right of navigation over
every such inland navigable watei.
Nor do I think it necessary to decide
how far the rules of English law
relatlng m the rights of riparian
proprietors in respect of the beds
of such waters are applicable to
liritish Columbia, nor whether by
the law of thai Province there is
any   rule  of  construction   applicable
Prominent Canadian Horsemen
..:      On  insldea,  Hume Blake,   and Brigadier General  I.essard,  fo merly  adjutant  general    of the Ca-
. ���:'..:. ���:' I tt ia, now military commander at Toronto.
to grants from the Crown according
to which the beds of non-tidal navigable waters only pass by express
words or by necessary Implication.
Assuming such rights of navigation
to exist in all such waters, and assuming the rule of construction in
the case of a grant to a subject co
be that which is contended for, still
It seems to me that the conclusion
which the Province asks us to draw
cannot be supported. ,
The area transferred by the Settlement Act is an area about 500
miles long and 40 miles wide. It
stretches from the eastern boundary
of the Province to tbe Gulf of
Georgia, and is very varied in Its
physical character. At the time of
the Settlement Act It Included a
good deal of timber land and a good
deal of land known to be fit for
The   waters   navigable   and   non-
navigable within the area must have
been   regarded   by   everybody   who
thought about the matter as likely
to prove a most important factor in
connection  with  the settlement and
development of it. Why should any
body be  supposed  to  have  contemplated that as between the Dominion
and the Province the control of the
j water   system   should   be   divorced
from  the ownership  of  the belt as
a whole?    As  regards  waters navigable   in   fact   assuming   they   were
subject, as is argued, to public rights
of  navigation   and   fishing,   then   it
must  be remembered  that this area
1 was to he dealt with by public offi-
'cials  under the  control  of  the  Do-
'minion Parliament and that the Do-
I minion    Parliament   is  the  supreme
��� conservancy authority in  respect of
navigation and  fishing.      Whatever
considerations might be urged in the
jcase of a grant by the Crown" to a
[subject in support of a presuned in-
itention to exclude the beds ot navigable  waters  because  of  the  existence  of  such   public  rights   I   can
1 think of no reason why such a pre-
jsumption  should  be  applied  to  this
I transfer.    Moreover, it could hardly
j have escaped the notice of both parities that the retention by the Province  of  the  beds  of  nonjtidal  navi-
i gable waters as d'.stinguished from
I non-navigable waters was bound to
lead  in  numberless  cases  to  much
uncertainty   ot   title,  and   for  that
reason alone I think we may assume
that such retention was not contemplated.
2. The beds of the waters in
question having -passed to the Dominion the right of fishing would
pass also, as a profit of the soil,
unless according to the law of British Columbia tbe right of fishing
in non-tidal, navigable waters is not
a profit of the soil; and having
passed to the Dominion that right
could not be granted away again by
the  Province.
I am not sure that I have grasped
the argument of the Province at this
point, but whether the right of fishing ih these waters Is or is not
vested in the Dominion as a profit
of the soil it seems to me to be
impossible to answer this question
in the affirmative.
It cannot be argued and I do not
suppose  counsel  intended   to  argue
that   (the beds at the time of the
transfer being vested in the Crown
in  proprietary   right)   the   right  of
fishing  was held  by the Crown  ln
right of prerogative.    The argument
addressed  to  us  was that ln  these
waters   there   Is  a  public   right  or
privilege  of   fishing  over  which   In
some   way  the  Province  ls  entitled
to exercise control.    I do not think
It Is necessary tb decide whether the
law of British Columbia at the date
of the Union recognized any public
right   of   fishing    in    these    waters.
1 There can be no doubt that the law
of  England recognizes no necessary
j connection between the public right
Of  navigation  and  the  puSWc  right
of   fishing;   and  indeed    the   great
weight  of   authority   is   in   favor  of
the view that a  right of the character last mentioned cannot exist in
I non-tidal  waters under the common
law.    Whether   on   Its   introduction
I into   British   Columbia   the   law   of
England underwent such a modification   as  to   require   us  to  hold   that
In every body of water in that Province  which is cffpable of navigation
(the bed  of  which  is  vested  in  the
Crown)  a right or privilege of fiah-
Ing  belongs  to  the  public,   and   if
there  be such   a right  or privilege
what  is the nature of it, are questions  involving  points of  far-reaching importance which ought only to
be passed  upon after hearing argument ln the Interest of those private
owners   who   might   be  affected   by
the decision and who were not represented on the hearing of this Reference.    It  Is  unnecessary, as  I  have
said,   to  pass  upon  those  questions.
1 Such a public right or privilege if I
! exist may be either (a) an absolut
right   capable   of   limitation   or     re
.striction    hy    legislative    authority
j only such as the public right of flsh-
'ing in tidal  waters, or  (b)   a privilege in the nature or a mere tacit license   revocable  at  the   will  of  the
Crown   or   tho   Crown's   grantee   as
I owner.    Strong, C. J., in his opinion
I on tho Fisheries Case, 20 Can., B.C.
iR.,   526,   527,   528   and    551,     expresses   the   view   that   there  is     a
; public privilege in  such  waters and
appears  to  think  it  is  or  tlle     last
I mentioned character.    Such a privilege   would,   ot   course,   leave     un-
1 touched  the   Crown's  proprietorship
, of  the  fishery  as  Incidental  to  the
ownership of the solum.   As regards
the waters in question this proprietorship Would pass to the  Dominion
bv the transfer and with it the
power ol revocation theretofore
vested In th.e province as owner, ir,
on the other hand, there Is a public
1 ht of fishing of the first mentioned character, it is as we have
s.-en subject to the exclusive control  Of tiie  Dominion  parliament.
This question then should be answered   in   the   negative   because  the
beneficial ownership or the beds of
navigable non-tidal waters within
the Railway Belt that were vested
in the Crown at the date of the
transfer passed to the Dominion;
and with the ownership of the beds
the fisheries passed also as ordinary
profits of the soil unless at the date
of the Union the title of the Crown
was burdened with a public right of
fishing that was only capable of being restricted or limited through
the exercise of legislative authority.
If such a public right did exist in
respect of the fishings in the waters
In question then by the operatioa
of the British North America Act as
construed in the Fisheries Case
(18-8), A.C, the Dominion parliament became solely invested with
leglslatife authority to limit or restrict that right.
Chief Justice Sir Chas. Fitzpat-
rick and Mr. Justice Davies agreed
with Mr. Justice Duff.
By  Mr.  Justice- Anglin.
I concur in the reasons assigned
by my brother Duff for answering
in the negative the second and the
third questions restricted as indicated by him and that part cf the
first question which relates to tidal
waters. But I prefer to state in my
own way the grounds upon which I
base a negative answer to the second branch of the first question
which concerns waters navigable In
fact but not tidal.
lt was much debated at bar
whether under the provincial statutory grant the Dominion government
did or did not acquire proprietory
rights in the beds of the waters.
While I adhere to the view which
I expressed in the Kenora case, 13
O.L.R., 237, as to the inapplicability to the great stretches of fresh
water in this country which are
navigable In face of the rule of
English common law, which treats
as navigable only such waters as
are tidal, in the view that I take it
is not necessary here to determine
that important point.
If the English common law test
of navigability applies in British
Columbia without any modification,
all non-tidal waters must be deemed
non-navigable in law, and a grant
similar in its terms to that before
us, if made by letters patent to a
private person, would carry the subjacent soil of such waters whether
in fact navigable or non-navigable.
The statutory grant to the Dominion
will not receive a narrower construction. In this view the province has by its grant parted with its
rights to grant fishing leases or licenses must be rested. It has transferred that proprietary interest to
the Dominion; and what jurisdiction the legislature of British Columbia may possess enabling it to
derogate from provincial Crown
grants to private owners, it has no
legislative power to derogate from
the effect of its statutory grant to
the Dominion of the Railway Belt
lands, which, as public lands, are
under the exclusive legislative authority of the Dominion parliament
until disposed of to settlers. Burrard Power Co., Ltd., v. The King
(1911). A.C, 87.
On the other hand, if, in British
Columbia, waters ln fact navigable
though non-tidal should be deemed
navigable in law and public! juris
In the same sense as tidal waters,
there would in my opinion exist in
them the same public right of piscary which exists In tidal waters;
and tbe provincial legislature ls not
competent to authorize any grant
which would Interfere with the fullest exercise of that public right. It
follows that In either view the legislature of British Columbia cannot
authorize grants of exclusive rights
to fish in these waters.
I cannot accept the contention
pressed on behalf of British Columbia that the Interest ot a province
in the ordinary fisheries in provincial waters which should be deemed
navigable in law is a jus regale of
the same nature as Its right to the
precious metals which were held not
to be partes soli, and were on that
account excluded from the operation
of the grant of the Railway Belt
lands, 14 App. Cas. 295.
A public fishery will not pass by
a Crown grant of the solum of the
water in which It exists, or indeed
of the fishery Itself in express
terms, not because such a fishery is
not pars soil, but because the solum
Itself, vested by law In the Crown,
is subject to a trust to preserve the
public rights of navigation and of
fishing, which the competent legislature alone can extinguish. But
the precious metals do pass under
a Crown grant which contains language apt to convey them. Legislative action ls not requisite,
On the other hand, any fishery
vested in the Crown In waters of
which owns the solum, other than
a public common or piscary existing by-law, with which a province is
not competent to Interfere, Is held
not by prerogative Irtit by proprietary title. Mayor of Carlisle v. Graham, L. R., 4, Ex., 361. 1167. 368;
Duke of Devonshire v. I'allison, 20,
Q.B.D., 2��:!, per Fry, L. .!.. at page
271. ��
I'rodeiir. J., agreed wllh Duff, J.
PORT  HAMMOND,   May   5.���The
death of Mr. John A. Mclvor, which
occurred   at   his   home     in     Maple
Rldge   on   Saturday   morning   last,
marks   the   passing     of   another   of
British   Columbia's   hardy   pioneers,
land  one  of  Port  Hammond's   most
j respected citizens.
I     Mr.   Mclvor   was one of   the  old
j Hudson   Bay  men  and came  to  this
I province from Scotland to enter tho
I employ   of   tlle   company      in    1852.
with   whom   he   remained   until   the
year   I SCO,     when     he   took   up   a
homestead   In    Maple   Ridge   whorrt
he resided  until his death.
Besides his  widow, Mr.  Mclvor ls
I survived   by   four   sons   and      tour
; daughters   and    universal    sympathy-
Is  expressed Nfor  the  bereaved   family,   who   are   one   of   the   most   respected   in  the community.
The funeral will be held rrom the
family residence this afternoon, the
remams at the request Of the deceased, being interred in the Langley cemetery. The runeral services
will be conducted by Rev. Alexander
Dunn, who was a life-long friend
or  the deceased.
"****^fakes a Specialty or"������ ,
fob ana
fiitts of
Cart an J See Samples
The Delta Time* la publ_ih��*i -v��n
Saturday from the TUntm Build"*
Ladner. B.C. J. D. TajrVer. ���*���"


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