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Fort George Herald Jun 1, 1912

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 ^fc-^
/OL. 3, NO. 22.
SUUTH FORT GEORGE, B. C., SATURDAY, JUNE 1, 1912.
$3 PER ANNUM.
0 FRIGHT WILL COI
tt TETE JAUNE THI
CITY AND DISTRICT
Vancouver, May 25.—That the
Brand    Trunk  Pacific Railway
heed not establish a freight ser-
[ke over the Yellowhead Pass
ortion of its line until the com-
|any gets good and ready, is in
Iffect the substance of a ruling
ecently issued by the Board of
jiilway Commissioners at Ottawa,  according to advices  just
teceived from the federal capital.
[The ruling was brought about
_ an appeal of merchants interred, and the Canadian Northern
• an order requiring the G.T.P.
[give a freight service over its
]vv line in Northern British Col-
libia, through the Yellowhead
Ess, as far as the present rail-
lad at Hinton, sixty-seven miles
st of the pass.
|On first glance it may seem
newhat queer that when a
|ilway once gets its line com-
pted and is in a position to carry
least a limited amount of
eight in addition to transport-
Ig its own construction supplies,
hat it should not only refuse
Ireight business eagerly offering,
Jut also actually oppose action
oking towards compelling it to
ccept such freight traffic.,
\ But there is a very good leteon
ehind this action on thf fift of
he G.T.P.   Probably it ft wore
Inly merchants of Edmonton thd
icinity who wanted to - 'get
reight and supplies thiOttjA the
ellowhead Pass to Mtt3| in
Se Peace River and Port dferge
Btricts, the G.T.P. would not
ive opposed the appeal Probity an appeal to fa Railway
)mmission would »ev# have
len necessary, as 1|||tG.T.P.
fould, no doubt, havo tried to
andle what freight it could for
Merchants.
I Transcontinental railway riv-
lry is the ml realoft Behind the
PPositiaft,af.Jhe QXP. to the
ppeal. Overt year ago some
•rilliant arm-chair railway the-
•rist wrote eomething to the
fet that the Conedion North-
sm would be able to build that
portion of ite traajcpntinental
fine from EdmoBlJBf Brough the
Yellowhead PaiiiMbout one-
half of what it ooat the G.T.P.
'do so. • The reaaon for this
|was argued  that  the   C.N.R.
Sidney Roberts is opening a
shooting gallery and bowling
alley on Third street.
appeal to the Board of Railway
Commissioners, with the result as
noted above.
This means that the G.T.P.
refuses to be a party to aiding
its rival to construct its line
cheaply, even if the transcontinental would profit to a certain
extend by the traffic receipts
which the transportation of such
supplies would bring. It also
means that the C.N.R. must arrange for the transportation of
its own railway building material
and supplies west of Edmonton,
or else wait until such time as
the G.T.P. main line is completed and that company can no
longer refuse to handle shipments
as a common carrier. As that
will not be till well along towards
the end of next summer, it is
probable that the C.N.R. will get
busy in the meantime and tackle
the problem of pushing its line
further west, utterly ignoring
its pioneer rival, which has won
such a favoring order for the
time being, anyway.      ,
In rendering judgment the
railway commission said the railway company must not extend
the service further westward until 1913 and prescribed a penalty
of $100 for any violation of the
ruling, even if it were to accommodate private parties.
The baseball ground has been
put in first-class condition and
practices are being held each
everiig.
Born—In Vancouver on May
24th, to Mr. and Mrs. F. P. Burden, a daughter. Mother and
child are doing well.
Mr. Enemark, of the B. C.
Market, brought in a bunch of
thirty stall-fed beef cattle from
the Chilcotin country this week.
They are the finest cattle ever
seen in these parts.
R. W. Hagger, P.L.S., of New
Westminster, left this morning
with a survey party for the upper
Willow. Later he will go to the
Grand Canyon country where
several months' government work
awaits him.
vould bet
plies and'	
aion operation
the spot it
G.T.P., a»tW
the tran
til its sup
lor construc-
id almost to
led by the
parallels
 .^jntal   for   some
distance through the Yellowhead
Pass, that being the only feasible route through the Rockes
there. That article and some
more of the tame tenor must
have "put the G.T.P. officials
wise" to uae an inelegant but
expressive llang term, for they
not only refused to handle any
height offered by merchants and
shippers, but alio anything that
belonged to their close-neighbor
rival, the Canadian Northern.,
The result   Was   indignation
meetings of eome Edmonton merchants intonated, in which CN.
R. officials were not backward in
| adding their quetu of indignant
I l)r°test,     1km  followed    the
DOMINION DAY
Dominion Day in South Fort
George is recognized as the real
big event of the Cariboo, This
year's celebration promises to
eclipse all previous efforts in that
line. On Dominion Day all town-
site differences are forgotten,
and the people of the whole
country gather in South Fort
George to celebrate the birth of
our glorious Dominion.
There will be horse races, foot
races, canoe races, baseball, football, besides a number of other
athletic events, the gala day to
wind up with fireworks and a
grand ball in the evening.
At a citizens' meeting held last
Tuesday evening the following
committees were appointed to
make full preparations for the
big day:
Finance-J. R. Camptell, M.C. Wiggins, H. C. Seaman.
Sports-F. O'Flaherty, A. E. Forrest,
J. C. Kelly.
Advertising—J. G. Quinn, C. M.
Brown.
Dance Committee—C. E. McElroy,
A. Crozier.
Dtcorations—G. E. McLaughlin, S.
W. Carley, John Bronger.
Transportation—J. R. Campbell, Captain Brown.
Reception—J. T. Armstrong, John
Munro, N. H. Wesley, Dr. Lazier.
E. J. CDAMDERLAIN IS
CT.PJ'RESIDENT
Official announcement has been
made of the appointment of Mr.
E. J. Chamberlain as president
of the Grand Trunk Pacific Railway, to succeed the late Charles
M. Hays. Until his appointment
Mr. Chamberlain was first vice-
president of the company.
Mr. and Mrs. Jno. Gillespie, of
Prince Rupert, are among this
week's arrivals, Mr. Gillespie
owns considerable townsite property here and intends building a
residence on Third street south.
He is delighted with the growth
and permanent development seen
on every hand.    ,
An icd cream social is announced for Thursday evening next,
June 6th, commencing at eight
o'clock, to be held in Knox Presbyterian church. An interesting
program of musical and literary
selections is being arranged and
an enjoyable evening is assured,
Tickets, 50 cents.
Burch'snew building on Second
street is now ready for occupation, the decorators having completed their work early in the
week. In addition to the commodious six-table poolroom, there
is accommodation for a barber
shop and tobacconist's store. Upstairs is a large hall which will
be available for lodge meetings,
social gatherings, etc,
A party of eight men arrived
by raft yesterday from the railway construction camps 100 miles
east of here. They corroborate
the story published in last week's
Herald that this season's construction work on the eastern end
will be confined to the section lying between Tete Jaune Cache
and Grand canyon, where the
contractors' steamboats are now
distributing materials and supplies, Next year, they say, the
boats will be operating between
the canyon and this place. According to present indications
steel will be laid to within a hundred miles of this place by the
end of the present year.
Mr. James Cowie, for many
years Hudson's Bay factor here,
returned on Thursday after an
absenee of nearly a year. He is
accompanied by his bride of a few
few weeks, Mr, Cowie is now
retired from active service in the
historic company, and possessed
of a competence and a pension
for long and faithful service, intends settling down in South For
George to watch the building of a
modern city on the land adjoing
the old trading post over which
he ruled for years before the advent of the white man. Mr.
Cowie will erqct a residence on
his Sixth street property, overlooking the Fraser river,
Hereunder is printed a certified copy of the court proceedings in
the criminal*libel case brought against the proprietor of this paper
by the townsite promoter and ex-Chicago bucketshop man, George
John Hammond. This is absolutely authoritative and correct
record of the case today and is published in order that the garbled
and misleading statements of the coast press may be contradicted.
The Vancouver Sun even went so far as to feature a canard to the
effect that the editor of the Herald had been jailed. The Sun is
edited by a notorious blackguard who has regard for neither truth
nor justice. His statement will be dealt with through other channels.
Readers of the Herald will be interested to know the circumstances under which the case has reached its present status. Considering the relative financial resources of the complainant and the
and the defendant in this case it will be conceded that it behooves
us to dispose of these cases, of which the criminal action is but
one, and which are obviously aimed at the wrecking of this newspaper, along the lines of least resistance. When, therefore, Mr.
Stuart Henderson, the Herald counsel, found that the case could
not go to trial as a private prosecution owing to the fact that no
person had been bound over to prosecute, contrary to the procedure
laid out by law, no witnesses were called for the defence.
As the evidence following shows, the Attorney-general's department had given its written word that the Crown would take no
part in the proceedings against the Herald. When the court ruled
against the further prosecution of the case, owing to the omission
at the preliminary hearing, however, Mr. Hammond and his coterie
at Clinton succeeded in inducing the Attorney-general's department to back up on its written undertaking, over the telegraph
wire. A member of Hammond's party was a man named Lucas,
member for Yale in the provincial legislature, and his son was one
of the three legal lights holding Hammond's brief. Whether Lucas
pere added the weight of his influence to the argument over the
wire, which caused Attorney-general Bowser to order the Crown to
prosecute we shall know later.
Hammond had with him a galaxy of witnesses and hangers-on.
There was a man who claimed to have been a judge in Minneapolis,
whilst another is reported as manager of the government identification bureau at Chicago, and there were many others. Obviously
these men were at Clinton bent upon trying to prove that George
John Hammond was not the kind of person we have stated him to
be, and as we had not those people on hand by whom we will eventually support and sustain our contentions regarding him, we
applied to the court for a commission to examine witnesses in
Chicago and Minneapolis, which was granted.
s Now, we wish our readers to clearly understand that the Herald
is not fighting this case on technicalities, and that the showdown
due at the Clinton Fall Assizes would have now been a matter of
record had it not been for the fact that if Attorney-general Bowser
had not been induced to butt in after volunteering to keep away,
we would now be bringing a counter suit against Mr. Hammond,
which would have helped to equalize the odds.
A careful perusal of the following evidence will show that although Mr. George Hammond did not take exception to the fact
stated in the article complained of, that a rogues' gallery picture of
him had been shown to our Chicago correspondent, his counsel, S.
S. Taylor, K.C, tried to pass this off as a quotation from Everybody's Magazine. Mr. Taylor also tried to create an impression
that J. B. Daniell had disposed of the Herald and had written a
farewell to the people of South Fort George, but we recollect the
time when Mr, Taylor's firnl wired to Government Agent Heme
here, requesting him to lock us up, as it had been reported that we
were leaving for California and would never return!
[J. B. Daniell, editor of the Herald, is now in Chicago, completing his case against George J. Hammond. He will return here
about the 15th inst, and will enlarge the size of thie Herald to a
seven-column paper]
IN THE SUPREME COURT OF BRIT-»
ISH   COLUMBIA. T
(Ctiminal.Assl7.es)
Holden at Clinton, Cariboo County, May
1st, 1812.
PRESIDED BY HIS LORDSHIP, CHIEF
JUSTICE HUNTER.
REX  vs.   JOHN   B.   DANIELL.
PRESENT:—R. R. MAITLAND, appearing for the Attorney General.
S.    S.   TAYLOR,   for   the
Prosecution.
STUART HENDERSON, K.
('., for the Defence.
MR. S. S. TAYLOR, K.C: In this matter I refer to Section 873 of the Criminal Code.
In the mutter of John Hammond complaining of John B. Daniels an Indictment for Criminal Libel, the Attorney
General has written as usual, leaving
the matter for private prosecution—and
has written to the Public Prosecutor
here to the same effect.    .
MR. MAITLAND:—Yes, tho Crown is
not taking part In this prosecution.
MR TAYLOR:—Only to this extent
that tlie case receives the same treatment as a Crown Prosecution. The
Chapter rends   like  this;—
"The Attorney General, or anyone by
his direction or any one with the written consent of a Judge of any court of
Criminal Jurisdiction or the Attorney
General may prefer a bill of Indictment
for the offence before the Grand Jury
of any Court specified In such consent."
THE COURT:—Well, do you expect
me to consent to the prosecution?
MR. TAYLOR:—Well, under that 8ec-
tlon	
THE COURT:—For what reason?
MR. TAYLOR:—Because the Attorney
General,—as he usually does In such
cases—has decided that tills Is a matter
for private prosecution.
THE COURT:—But why should tha
Judge Initiate the matter by his consent?
MR. TAYLOR:—Naturally, because under that Section of the Act, it cannot
be done otherwise.
THE COURT:—If any one Is bound
over by the Lower Court to prosecute,
the Judge can order the prosecution; or
the Attorney General or any one by his
direction.
MR. TAYLOR:—Or any by his Lordship's consent can start It.
THE COURT:—But I am not a nlcklc-
In-the-slot machine to start prosecutions:
In that way.
MR. TAYLOR:—When the accused
was committed that power has not been
(Continued en pat* 2. FOHT GEORGE HERALD
PUBLISHED BV THE
N3BTHERN INTERIOR PRINTIN6 GO. Ltd.
J. B   DANIELL. PRESIDENT
Devoted   to   the   Interests   of   Fort
George and the entire Northern Interior.
J. B. DANIELL, Editor.
transportation affairs, and those
who know him best predict for
him a brilliant future in the railway world.
WANTED-A TELEGRAPH
LINE
At the last session of the federal parliament an item of $5000
was voted for the extension of
the Dominion telegraph line from
Blackwater to Fort George, While
the appropriation may seem inadequate, the cost of labor will
be the principal item to be provided for, as there is sufficient
wire and insulators stored at
Stuart Lake. These can be
brought down at a nominal cost
by scows which, during this season come down empty to return
laden with merchandise for the
trading posts.
The government having recognized the necessity of the proposed extension, the execution of
the work should not now be unnecessarily delayed by those
whose duty it is to carry out the
program of the department. No
such difficulties are to be encountered in the construction as might
be experienced a few years ago.
There is now a good wagon road
to Blackwater over which supplies can be hauled with convenience and despatch, and as this
season affords special advantages
for such work it is hoped the
work will be at once begun and
advanced as rapidly as possible.
From a business point of view
the new line will be profitable,
and the office here will prove the
best revenue-producer between
Ashcroft and Rupert. Steamboat
companies have already invested
hundreds of thousands of dollars
to enable them to handle the
business of this point, but so far
the Dominion telegraph officials
have exhibited little interest in
any action that would'bring business to the people's line.
It is true a tree telephone line
connects this place with the telegraph line at Blackwater, but
with excessively high charges,
inaccuracies and a repeatedly interrupted service the necessity of
telegraph communication is inadequately supplied.
A consideration of the federal
appropriations for British Columbia will not incline us to believe
that the needs of Northern Cariboo were minutely considered. It
may be unfair to criticise the new
government before time is allowed its officials to thoroughly acquaint themselves with their new
duties. We will, however, be
slow to excuse a continued indifference to the needs of this part
of the province where a greater
development is taking place than
in any other portion. There is
no surer way to enlightenment in
this regard than to visit our
community and witness the rapidity with which the settlement
of the northern interior is progressing. This we hope some ol
our federal officials will find time
to do this summer.
In deciding that the Grand
Trunk Pacific was acting perfectly within its rights in refusing to
carry passengers and freight over
that portion of its western system as yet not government-inspected, the Railway Commission
gave the only decision possible to
protect the interests of the general public. The decision is of
local interest in that it puts a
quietus on the absurd statements
being sent broadcast a lot-peddling corporation that freight
would be brought here this summer at half the rate paid for
transportation over Uie Cariboo
road. Another year, at least must
elapse before any freight reductions will be possible, and local
merchants have long since recognized that fact.
Court Proceedings in
The appointment of Mr. E. <J.
Chamberlain to the presidency oi
the Grand Trunk Pacific Railway
company in succession to the latt
Charles M. Hays cannot but meet
with the general approval of tht
people of Canada. Mr. Chamberlain was one of the ablest lieutenants of the late president. Ht
knows, perhaps better than any
other man, the plans and aspirations of his predecessor, and ht
can take up the work of completing the organization of a great
railway system without loss of
time. Mr. Chamberlain has a
wide knowledge of railway and
(Continued from page 1.)
?lven   Mr.   Hammond   to  prosecute  nnd
his  only way Is  to proceed here by or
with the consent of the Attorney General.
THE COURT:—Was the accused bound
aver?
MU. TAYLOR:—Yes, nn complaint of
Mr. Hammond, Mr, Daniell wns committed. In this case we arc brlnglnft the
:ndlctment under Section 873, which 1
lave read.
THE COURT;—Well, I may tell you
'.hat the Judges should keep cleat* of
prosecutions and not Initiate them, but
inly conduct them ot* try them. And
they are not to be used as 1 said before
—as a nickle-in-the-slot machine to Initiate them. Only to try them. It is
jnly where a Judge is an eye-witness
if an offence, as where perjury Is com-
nltted In a case before him In court—
ir something of that sort that he may
nltiate a prosecution or order it.
MR.   TAYLOR: That   Is   one   way
n which he can order It—that Is where
let-jury Is committed In open court. So
that means that your Lordship is not
'nitiating It. You are simply directing
that it proceed. I am initiating It here.
What your Lordship refers to as Initiating a prosecution Is limited to perjury
by Section 870.
THE COURT:—No, it Is not limited
to perjury. A judge can order prosecution; but I don't believe it Is a good
thing to do. Read sub-section 2 of 870.
MR. TAYLOR:—I am not asking your
Lordship to order this prosecution, but
under section 2 of 870 "Such judge may
■ommlt till next term, sitting or any
esslon of the Court having power to
try.
THE COURT:—There may be such a
■ase as 1 have Indicated, where a Judge
(Continued on page 3.)
Fort George ^
DrugCo^JS-
NEW OOKS S,ht.beA
large shipment,!ust received
Toilet articuk Patent Medicines,
Magazinea.BookB, Stationery. ,
Toilet Articles, DrUKttists' Sundries
Intend Building?
The New Goods Are Here f
Our New Stock is now on display-the finest
ever brought to this country. Every line is
now complete.
jj Our Prices Are Still the Lowest
NOW is the time to build,
whilst seasoned lumber is
obtainable. Labor conditions
are now in your favor. We
contract to design and construct your building, guaranteeing satisfaction: Call
or write us.
Bronger & Flynn
Builders and Contractors
SOUTH FORT EH    1
THE
CLUB POOL ROOM
THIRD AND   HAMILTON STS.
DAVIS & FORREST, Props.
Smokers' supplies
a specialty
Four pool tables
Splendid environments
I am prepared to
Locate Pre-emptors
. on iao acres or.
Good Government Land.
WRITE FOR INFORMATION TO
N. C. Jorgensen.
P. 0. Boi 21. Sou;h Fort torn, B. C,
NOTICE
To Whom it May Concern:
NOTICE is hereby given that
through arrangement with the Grand
Trunk Railway company the Port
George Indians have the use of all
neadows and fenced enclosures for the
season. All trespassers upon same will
oe prosecuted as the law directs.
W. J. McALLAN.
Indian Agent.
South Fort George, April 30, 1912.
P. G. B. BODEKER
Land Timber Cruiser
Pre-emptions Located.
SOUTH FORT GEORGE, B. C.
Estimates Submitted.
Robert Spinks
South Fort George : B.C.
Fort George, B.C. Victoria, B.C.
F. P. Burden, Mgr. F. C. Green, Mgr.
Nelson, B.C., A. H. Green. Mgr.
Green Bros., Burden & Co.
Cnl EifiKtri, Domini* 4 B. C. Und Suiw-mi
Surveys of Lands, Mines, Townsites, Timber
Limits, Etc.
\^2lt(*ll Satisfaction ituar-
Repairing   «es
C. H. DAVIE
Send articles by mail to Fort George, B.C.
PONT  BUY  ON  PAPER
We don't ask you to purchase South Fort George lots by
making a pencil mark on a townsite plan—You would
be safe in so doing, but if skeptical
 -4i      COME TO       " —
tr
SOUTH FORT GEORGE
^=D
Investigate Our Proposition
and you will find a good live town-Two banks, saw mill,
pool hall, newspaper, two general stores, splendid
hotel, bakery, stationery store, mail-boat
landing, scores of buildings,
and crowds of satisfied  buyers
WRITE FOR INFORMATION TO
NORTHERN DEVELOPMENT CO.
172 Hastings Street, Vancouver, B C , or the resident agent,
g. e. Mclaughlin
Fourth Avenue, South Fort George
Hardware
Clothing
Groceries      Boots and Shoes
Ballders* Supplies
RUSSELL PEDEN
W. F. COOKE
lorthera Lumber Co.,Limited
|J Store, Office and Lumber Yard, South Fort George |
City Livery, Feed &
I. A. WHITE,
PROPRIETOR.
Single and Double Driving Hor9es.   Saddle and Pack Horses.
New Buggies and Thoroughly Reliable Rigs,
DRAYING  AND  EXCAVATING DONE.
FARM LANDS
M. C. WIGGINS
Real Estate
GARDEN TRACTS
WW     Less than quarter mile from Indian Reserve
M. JHJ.1      (G.T.P. Townsite).   Price $150 per acre,
a arVD17C one-quarter cash, balance six, twelve and
AV/H-HttS eighteen months at 6 per cent.
Settlers located on ISO-acres of good Government land.
FOURTH ST.  -  -  SOUTH FORT GEORGE B.C J
Real Estate Investments
If you are interested in the growing values of
Fort George Realty it will pay you to look over
my lists. I have made money for others and
can do the same for you,
The Pioneer Realty Specialist of (f Northern Interior
M. H. WESLEY
^=
REAL ESTATE
South Fort George
Fort George Hardware Co.
General Hardware and Sheet Metal Workers.
All kinds of tin and sheet Iron work done.
Camp stoves
LASELLE AVENUE
Hot air Furnaces, etc.
SOUTH FORT GEORGE.
Occidental
otel
QUESNEL
1
I
?
Most modern up-to-date hotel in the interior of British
Columbia.
New four-storey building.  Accommodation for 120 guests R
All outside rooms—large, well-lighted and ventilated.       ■*
Steam heated.
RATES $2,00 PER DAY UP
Weekly and monthly rates pn application; K
Wire for rooms Wire for rooms W
E. L. KEPNER, Proprietor
B Criminal Libel Suit
(Continued from page 3.)
MR. HENDERSON:—I would refer to
the Act, Chapter 122, revised Statutes of
British Columbia; "It shall be lawful
to appoint from among the members of
the Bar In British Columbia, and to be
during the pleasure of the Crown, known
under the name of 'Her Majesty's Counsel learned In the Law,' etc."
THE COURT:—Well, you see, the
Criminal Code does not provide that he
shall be learned in the law, but only
that  he shall  represent the Crown.
MR.    HENDERSON:—But    the    only
question Is, why would that word ''Barrister"   be   there,  If lt  didn't  refer  to
"King's Counsel," or to "Queen's Counsel," as lt was at that time?   And up
to recent years, lt was almost the Invariable practice, that any one conducting   Crown's   business   was   a   "Queen's
Counsel."     And   It   Is   only   of   recent
years  that  that privilege was extended
to Barristers not enjoying that pleasure.
THE    COURT:—I    think,    the    title
"Counsel"  extends  to any  one being a
barrister.    "Counsel" Is a word used tn
common parlance.   And the criminal act
la supposed  to be speaking to the vulgar, and many people would not understand   what   is   meant   by   "Barrister."
But they generally know what la meant
by  "Counsel."
MR. HENDERSON!—Well, I think, If
your Honor will permit me to say, that
Jn common parlance, "Counsel," Is a
man who stays In his office and gives
advice; and "barrister" Is a man who
goes into Court. But "King's Counsel,"
is a man who can go into Court, and
is distinguished from other counsel by
being   entitled   to   conduct   the   King's
business.
THE COURT:—I don't think there Is
anything in that point.
MR.   HENDERSON;—Very   good,   My
Lord.
Now, I propse to put in a written
plea of Justification. Shall the accused
go Into the box and read it? Or Bhall 1
rend it on his behalf?
THE COURT:—You can read It on his
behalf.
MR. HENDERSON:—lt is as follows:
"IN THE COURT OF ASSIZES, HOLDEN AT CLINTON, MAY 1ST, 1912.
REX    VS.    DANIELS.       CRIMINAL
LIBEL.
PLEAS.
The said John B. Daniell, the accused,
herein to the indictment found against
him, says that Our Lord, The King,
ought not further to prosecute the said
Indictment against him because he says'
1. That he Is not guilty.
2. And further he believes the whole
article published to be true and a subject
uf public interest, the public discussion
of which Is for the public benefit for the
reasons hereinafter set out and this defendant relies by way of plea on section 324 of the Criminal Code of Canada,
and further:
3. And further by advertisements,
maps, plans, circulars, letter and statements to which the said John B. Daniell
craves leave to refer the Oeorge J. Hammond, the complainant herein, assumes
a public position and he claims to be a
public benefactor in the sale of about
12,316 town lots In the vicinity of the
Fort Oeorge Indian Reserve No. 1, out
of about 20,146 that have already been
plotted, and this number does not Include the 10,800. lots or thereabouts
that the Grand Trunk System will divide up in the Immediate proximity to
their station on the Indian Reserve at
Fort George.
4. And further all these town lots at
the present time over 800 mlles from a
railway.
5. And further that George John
Hammond, the complainant In his literature has misrepresented the value of his
property,
(u) By stating where the d. T. P. station wus proposed to be located and
altering its position from time to time
to suit the purpose of his sales.
(b) By stating that he had Inside Information In regard thereto;
<c) By stating that he had an arrangement with the Grand Trunk Pacific
Railway with regard to said station;
(U) That the Provincial Oovernment
land Office, Mining Record Office, Timber Lands Office, etc., are all located on
his property;
(e) That the Trader's Bank and the
Bank of British North America are in
Fort George and that no lots can be
bought In Fort George except from his
company or Its accredited agents;
(f) By placing on his maps and plans
houses, depots and railways to deceive
the public and induce the unwary to
buy; „
(g) By claiming the completed construction of permanent wharves, and
other public utilities now on his town-
sites which are not;
(h) An hospital was only opened early
this present year although advertised
long ago.
•>• And further, that on August 12th,
1911, the Winnipeg Saturday Post published an article headed "Fort George,
the Original Hot Air Townsite," dealing
with the Natural Resources Security Co.,
and George J. Hammond, and In the following Issue of the said paper, August
19th, 1911, appeared a letter published
over the signature of the said George
John Hammond, the complainant herein,
In the middle of an article dealing with
Fort George, wherein he, the said George
John Hammond and of the Natural Resources Security Company, Limited, appeared, piloting around one Hay Stead, a
representative of the Winnipeg Satur
•lay PoBt, and shortly afterward there
appeared in the Winnipeg Saturday Post
(September 80th, 1911), an article re.
canting the previous views expressed In
that paper and vilifying this accused.
7. And further, that the said Natur
»1 Resources Security Co., Ltd., or the
said George John Hammond paid all the
expenses of the said trip, aa was admit,
ted to me by Kenneth Lindsay aforesaid, the agent and confidential man of
the said Company and Its president, and
the  said   Company   purchased   a   large.
for
par
And further, that immediately
after the complainant had acquired the
Fort George Tribune, from the heirs of
the late John Houston, the said company
and the said Hammond offered mc the
sold Tribune, newspaper, plant and nil
for a nominal figure, on condition that
they retained complete control of the
advertising and the columns of the
paper aforesaid.
9. That further, he, the said complainant endeavored to induce me to
favor his undertakings by entering on
an agreement under seal to pay me »3,00
on every advertisement appearing In
Form No. 9, of the "Land Act," advertised in the said Tribune, a paper owned
and controlled by  the complainant.
10. That over his own signature, the
same George John Hammond, accused
me of being a blackmailing publisher,
Which Is absolutely untrue, thereby provoking a retaliation on the part of the
said John B. Daniell, the accused herein.
11. That the said complainant is dealing with and advertising the assets of
his company In bucIi a way as militates
against the Interests of British Columbia and Fort George District In particular, thereby creating public Interest In
two transactions und In the Interest of
the public to bear ahout same. I
12. Thnt the complainant In tlie publication of his articles In favor of him-1
self and statements made against the
accused in the Issues of the Winnipeg
Saturday Post of August 19th, and September 30th, 1911, and published at the
Instigation of the complainant, held up
the accused to contempt and ridicule,
therefore the accused published the
words set out In the Indictment and In
the article complained of and bona fide,
for the purpose of vindicating his character against the complainant's attack
In order to prevent the complainant's
said charges from operating against the
accused to his prejudice and In reasonable and necessary self-defence and In
the public Interest, the public discussion
of which was for the public benefit.
13. The accused further says it Is
true that the said Geo. John Hammond
has been Identified with get-rlch-quicl*
schemes since he left Ills native town in
Lake Erie. As Advisory Agent In Chicago, where his advertisement ran, "A
Fortune In Wheat;" for Inside Information of bull pool In wheat, address Hammond, 416 Medlnlah Building, Chicago."
And again, "Fortune in Wheat; my Inside advises are making fortunes
clients In wheat and stocks. For
tlculars, address Hammond, 416 Medlnlah Building, Chicago."
The complainant formed the Combination Investment Company, afterward?
conducted as Manager, the business
thereof In Chicago. The complainant
disappeared with the money of the Company in December, 1899. There were
1,200 creditors of the Company who were
nald 126.000.00 on nn Indebtedness of
1280.000.00. Afterwards In Minneapolis
In conjunction with one Coe. he, the complainant, established a bucket shop business which failed, and Coe subsequently
committed suicide. The company was In
disrepute and Indictments found by the
Grand Jury against the complainant.
In Woodstock, Ontario, the Bank Manager, J. P. McMahon, gave the present
complainant three hours to get out of
Woodstock when he demanded certain
moneys deposited In the Bank belonging
to the Coe Commission Company, after
that Company had failed.
He repeatedly published a letter from
Mr. Dewar, General Manager of the
Bank of Vancouver, dated November 9th
1910, and the complainant built the office
for the Bank of Vancouver, and they occupied It rent free and received $200 a
month to stay on thc townsite In order
to give the public a false Idea of the
prosperity of his townsite and induce
the  public  to buy  his  lots.
The announcement of a donation by
the complainant of 16,000.00 for the hospital was made a long time ago in his
literature, but lt woe not until long after
the article complained of was published,
that any hospital was opened,
And so the said accused says that the
alleged libel Is true In substance and In
fact, and the said John B. Daniell further says that the said alleged libel was
and Is a matter of public Interest and
concern, and that before and at the time
of publishing the said alleged libel it
was for the public benefit that the matters contained therein should be published to the extent that the same were
publshed by him, the said John B.
Daniell for the reasons set out In paragraphs 3, 4, 6, 6, 7 and 11 and 13 In this,
his plea.
THE COURT:—That last paragraph
reads that he "says that the alleged
libel   Is  true."
MR. HENDERSON:—Yes; this copy
will be corrected; It is correct In this
one here.
MR. TAYLOR:—My Lord, the Crown
need to file a replication to this; and
we will require a little time for that.
I understand that my friend here Is
going to apply for a commission to examine witnesses and take evidence In
Chicago and elsewhere abroad, and I
can have my replication ready in half
an hour.
THE COURT:—Very well. Arc all
the matters In the Indictment contra-
verted; I mean—the plea that you have
filed, covers everything.
MR. HENDERSON:—Yes.
THE COURT:—Does it cove r the
"Jail  Bird  Allegation"? M~~
MR. HENDERSON:—No; there Isn't
anything to that; that .s not In the In
dlctment.
MR. TAYLOR:—He doe-*n't say that
the complainant Is a Jail bird; but that
a certain publication stated that he had
been a Jail bird, or In the rogue's gallery. The fact Is that thoy said they
could prove It  by other papers.
THE COURT:—1 understand by the
mouth of Counsel that everything alleged Is traversed. Do you say, as his
Counsel, that the replication Intends to
cover everything alleged in the plea;
and that you Intend to prove everything
alleged in the Indictment.
MR.   TAYLOR:—Yes,   I   do;   and   my
to there, Is of thc sums class as  your
client.
THE COURT:—Do you want hnlf an
hour to hatch ont this replication?
MR. TAYLOR:—Yes, my Lord, our
replication Is very short.
And, my Lord, there are some part1?
of this plea that I would ask to have
struck ont. In paragraph 3. "and further, by advertisements, maps, pluns,
clrunlnrs, letters innd statements to
which the said John B. Dnnlells craves
leave to refer—George J. Hammond, the
complainant herein assumes a public
position nnd claims to be n public benefactor In tha sale of about 12,316 town
lots In the vicinity of the Fort George
Indian Reserve, No. 1, out of 21,046
thnt had already been plotted, etc." Now
we desire the particulars of these maps,
pluns, circulars, letters, statements, etc.,
and their dates, .and that of all the documents referred to, so that wo may inspect them, nnd prepare our evidence,
and see what we have to meet at the
trial,
And In paragraph 8, 1 object to the
statement therein contained, "that Immediately after the complainant had ue-
qulred the Fort George Tribune from
the heirs of the Into John Houston, on
threats of libel, the said company nnd
| the said Hammond offered me tlie snid
Tribune, newspaper, plnnt and nil for a
nominal figure on condition that they retained complete control of the advertising nnd the columns of the paper aforesaid."
Now, I submit that that hns nothing
to do with this libel suit, and should
not be allowed to he put In by the accused In his plea;- that Is scandalous
matter.
THE COURTR:—That Is In support of
the allegation about bribery.
MR. TAYLOR:—I have no objection to
the words up to—"from the heirs of the
late John Houston;" but to the words—
"under threats of libel." That has
nothing to do with this action whatever:
and It Is scandalous matter and should
not be nllowed In any plea.
THE COURT:—1 would like to hear
from Mr. Henderson nbout that. I think
the words "under threats of libel"—these
words should go out.
MR. HENDERSON:—I have no objection to that.
MR. TAYLOR:—Then, to paragraph 9,
we object—"that further he, the said
complainant endeavored to Induce me to
favor his undertakings by entering on
nn agreement under seal to pay me $3.00
on every advertisement appearing In
Form No. 9, of the "Land Act" advertised In the said Tribune, a paper owned
and controlled by the complainant." We
wish the date of that agreement.
MR. HENDERSON:—We will produce
the agreement, but not to-day.
MR. TAYLOR:—Very well. Now, we
object to paragraph 10—"That over his
own signature the same George J. Hammond accused me of being a blackmailing publisher, which Is absolutely untrue, thereby provoking retaliation on
the part of the said John B. Danlells,
the accused herein." We desire the
date of that accusation  referred  to.
MR. HENDERSON:—That Is referred
to in paragraph 6—the letter to the Winnipeg Post.    That Is the same letter.
THE COURT:—Well, make lt clear
that that Is the same letter.
MR. TAYLOR:—If he makes It clear
that this Is the same letter.
Now, to paragraph 11—"That the snid
complainant Is dealing with and advertising the assets of his Company In such
a way as militates against the Interests
of British Columbia and l'Ort George
District in particular, thereby creating
a public Interest In his transactions and
In the interest of tlie public to hear
about same."
Of course, thnt means nothing, unless
the "way" Is set out.
The "way" Is the kernel of the whole
thing; and we wish him to give us particulars of the "wny" that he refers to.
MR.  HENDERSON:—Yes,  we will do
so.
MR. TAYLOR:—In paragraph 12, he
says: 'That the complainant In the publication of his articles In favor of himself and statements made against the accused In the Issues of tho Winnipeg Saturday Post of August 19 nnd September
30th, 1911, and published at the Instigation of the complainant held up the accused to contempt and ridicule, therefore the accused published the words set
out In the Indictment In the article
complained of and bona fide, for the purpose of vindicating his character against
the complainant's attack In order to prevent the complainant's said charges from
operating against the accused to his
prejudice and In reasonable and necessary self-defence and In public interest,
the public discussion of which was for
the public benefit." My Lord, I wish
particulars of what he relies on to say
that these articles In tlie Winnipeg Post
were published at the instigation of the
complainant; and If In writing; and the
dates.
MR. HENDERSON:—Well, we will
show thnt It wus in retaliation; In reasonable and necessary self-defence.
MR. TAYLOR:—Well, give us the particulars that you rely on.
MR. HENDERSRON:—We will do so.
MR. TAYLOR:—And subject to that
undertaking, I file my replication. The
Crown Counsel declares the replication is
filed subject to the undertaking which I
hnve got here that he will give me
the* e particulars In regard to Sections 3,
4, 6, 0, 7, 8, 9, 10, 11, 12 and 13 of the
plea.
MR. MAITLAND:—Acting on behalf
of lho Crown. We proceed on the
strength of thut undertaking. This Is
the replication.
REX   VS.   DANEILL.     DEFAMATORY
LIBEL.
REPLICATION.
1.    As   to   the   second,   third,.fourth,
fifth, sixth, seventh, eighth, ninth, tenth,
eleventh, twelfth and thirteenth pleas of
the  suid   John   B.   Daniel).     Robert   R.
Maltland,  Counsel  acting  on   behalf of
the  Crown  at   this  Court   of  Criminal
Jurisdiction who prosecutes for our said
Lord, the King, In this behalf says that
our Lord the King, ought not by reason
dlctment against tlie silld John B. Daniell
because the said Robert It. Multlund as
such Crown Counsel says that he denies the several matters and each of
them In all and each of said pleas numbered 2, 3, 4, 6, «, 7, 8, 9, 10, 11, 12 and
13 alleged and said that the same are
not nor are, nor In any or either of them
true In .substance or in fact.
Nor has the said Geo. J, Hammond
assumed a public position or claimed
to be a public benefactor as alleged or
otherwise howsoever; nor did the said
George John Hammond attack the accused ns set out In the sixth plea or
otherwise, nor has lhe suid G. H. Hammond paid all or any of the expenses
of the snid trip referred to In the
seventh and eighth pleas; nor has the
said G. J. Hammond at any time or in
any manner as alleged in any of the
--aid pleus or otherwise made uny attasks
upon the accused.
2. And further as to the each and all
of tho said pleas 2, 8, 4, 6, 6, 7, 8, 9,
10, 11, 12 and 13 of the suid R. R. Malt-
land as such Crown Counsel says that
the said J. 11. Daniell, the accused of his
own wrong and without any of the alleged causes In tho suid pleus alleged,
the truth of which or any of them is not
admitted, but Is denied, published the
said defamatory libel us Is In the Indictment herein  alleged.
3. And further, as to each and all of
the said pleas 2, 3, 4, 6, 6, 7, 8, 9, 10, 11,
12 and 13 of the said R. R. Maltand as
such Crown Counsel says that the said
libel set out In thc Indictments herein
Is mutter not relevant to any matter of
public interest nor Is the public discussion of the matters therein set out for
the public benefit. And all this he, the
said R. R. Maltland as such Counsel
acting on behalf of the Crown at this
Court of Criminal Jurisdiction, prays
may be enquired of by the Country, etc."
MR. HENDERSON:—Under the circumstances, and as I have to deliver
these particulars—which will require
considerable time to do so—I make a
motion for a commission to examine
witnesses In Chicago and Minneapolis.
And I havo In support of that application here, the affidavit of Mr. Danlells.
MR TAYLOR:—Whnt Section does
that come under?
MR. HENDERSON: —Under Section
996; and I will rend In this affidavit:
"IN THE COURT OF ASSIZE HOLDEN
AT   CLINTON,   MAY   1,   1912.     REX.
VS.  DANIELLS.    CRIMINAL LIBEL.
I, JOHN B. DANIELL, of Fort
George, In the County of Cariboo, Province of British Columbia, Publisher,
make oath and say as follows:
1. That 1 am the accused herein and
that 1 am the defendant In a certain
action In the Supreme Court of British
Columbia, and entitled 1912 H 281, Between Georce J. Hammond, Plaintiff,
and myself as Defendant, whereby the
Plaintiff claims the sum of 136,000.00
damage for defamatory libel. >
2. The paper writing now shown to
me and mnrked as Exhibit A Is this my
affidavit contains the libel, the subject
of this charge as alleged by the complainant.
3. That the paper writing now shown
lo me nnd marked as Exhibit "B" to
this my affidavit, sets out my plea of
justification In defence as required by
Statute In reply to the Indictment found
herein.
4. I am advised and verily believe
that J. Hills, Jr., and Walter H. Newton, nre material and necessary witnesses on my behalf In support of my plea
of justification aforesaid, and I am also
advised that there are other material and
necssary witnesses In my behalf now
resident nt Minneapolis and Chicago In
the United States of America, whose
names I do not nt present know and cannot ascertain.
5. The evidence of the witnesses In
the last paragraph mentioned is material
for the  following reasons:
(a) That In the evidence of Carl Custer Cutler and Frederick, Norman De-
wnr the witnesses for the prosecution
and given at the preliminary hearing
before Thomas W. Henrne, the Stlpend-
■iry Magistrate at Fort George on the
24th February. 1912. among other facts
stated Is the fact that the article the
subject of this charge was compiled by
me   from  certain   newspaper  cuttings;
(b) That the said John Mill, Jr., a
member of the Chicago Board of Trade
and Chicago Stock Exchange Is the author of the book entitled 'Gold Bricks
of Speculation;" "A Study of Speculation
and Its Counterfeits, and' An Expose of
the Methods of Bucketshop and "Get-
Rlck-Qulck Swindles."
(c) That the said J. Hill, Jr., Walter
H. Newton, and such other witnesses
can establish the truth of the statements contained in the said book with
reference to the connection of the said
George J. Hammond with certain bucket
shops and "get-rlch-qulck" schemes at
Minneapolis, Ch-icago and elsewhere and
with the criminal proceedings which
arose therefrom and also with the other
allegations, that the said George J. Hammond, the complainant "Is a smooth and
crooked promoter, and a clever and
rather dangerous man and that his name
Is a stench In the nostrils of the peo-
pie of Chicago and Minneapolis."
6. Thnt the said John Hill, Jr., Is a
citizen of the United States and resides
nt 234 South La Salle Street, and Walter
IT. Newton resides at Minneapolis, and
that they cannot be brought to the trial
on subpoena and that such other witnesses are also citizens of the United
Stntes of America, resident at Chicago
and Minneapolis aforesaid.
7. That I am advised and verily believe that the Issue on my plea of Justification Is one which this Honorable
Court ought to try, and further says
that this application Is made bona fide
and not for the purpose of delay.
at-Law ut Chicago, and J.  G.  Shearer,
8. I am advised and verily believe
that 1 cannot safely proceed to trial
without such witnesses and that It Is
necessary for the purposes of Justice
that their evidence should be taken on
commission.
9. It Is Intended to take the examination before Waldo F. Foley, Councillor-
poses, and this. Honorable Court Is asked
to appoint them to net as Commissioner
for this purpose.
10. That Exhibits marked C and D
nre communications received by me and
my solicitor from the Department of the
Attorney-General and conditions precedent of an Indictment were not fulfilled
until to-day.
Sworn before me at the Town of Clinton, Province of British Columbia, this
2nd day of May, 1912.
 A commissioner for
taking affidavits within British Columbia."
THE COURT:—Well, with  these corrections, this will have to be re-sworn.
MR. TAYLOR:—Yes, but we can proceed now, and it can be re-sworn after
lunch.
Our position In regard to this whole
application Is tills—that Mr. Danlells,
nnd his newspaper, which we have here—
and In his puper, hns said that he Is
ready at all times to prove the truth of
these charges against him.
Now we havo gone to very great expense In preparing for this trial, nnd
have two men hero, prominent men from
Chicago and Senttle, and witnesses from
elsewhere: and hnve even got the "Gold
Brick Book" here thnt he speaks of nnd
refers to In that article, and which contains matter thnt we have spoken of.
He has claimed thnt he Is ready to go to
trial; and I submit thnt this Is only a
stave-off.nnd nothing else.
THE COURT:-There Is a sworn affidavit that he, wants the evidence of
the«e parties In Chicago, etc.
MR. TAYLOR:—Then, I take this po-
«ltlon—thnt It Is In the discretion of
the Judge; and that It has to be shown,
on the sworn testimony as to the matters sought to be proved; and the Judge
must be satisfied as to the material of
the evidence and also as to the names
of the witnesses. Now, they have a part
of this affidavit whieh states "And other
witnesses." Now. I submit that no
commission should Issue on an Important matter of this kind unless the Court
knows the names and addresses of the
witnesses to be examined; because If It
does Issue, we mu«t have the right to
call evidence In rebuttal.
THE COURT:—That would not be disputed, I suppo«e.
MR. TAYLOR:—Then, as we shall
have the right to call witnesses In rebuttal, we must know who they are
going to examine; and we must for that
purpose have the right to have their
names; and they have given two names,
only, and so their evidence must be confined to these two names—unless they
can give the others. Now, I object to
♦he Commissioners they have named.
The Crown takes decided objection to
them, and claims this right to nominate
or suggest to the Court Commissioners
who are Independent In this matter, as
between the two parties—as well as
that we object to those suggested by the
accused.
THE    COURT:—Tt  would  have  heen
better to hnve a public officer over there.
MR.   TAYLOR:—Yes,   or some  Judge
nf a Court of Record.
THE COURT:—Yes; the°e seem to he
professional men, and engaged In the
practice of their profession: and It
would be better to have Independent
parties.
MR. HENDERSON:—We must, In our
affidavit, name some two persons, and
we have done so: one of whom I know
to be, and the other I believe to be, a
fit and proper person. One of them ts
the partner of the son of President Lincoln.
MR. TAYLOR:—We object to these
parties; and we have our reasons; and
If the names cannot be agreed on, we
will refer the matter to your Lordship,
THE COURT:—Yes; or that part of
It can be settled, by any Judge, In Vancouver, In chambers, a month afterwards;  or In Victoria, If you prefer.
MR. HENDERSON:—That will autt
me as well—the one as the other.
MR. TAYLOR:—It may have to come
before your Lordship.
THE COURT:—I think, not necessarily; I can refer it to a Judge In chambers In Vancouver.
MR. HENDERSON:—If your Lordship will do that, we can draw up an
order there,—or I have an order here.
THE COURT:—The order can be settled by the Judge there.
MR. TAYLOR:—-Then we will settle
It there.
THE COURT:—You had better set the
date to settle lt there and dispose of
It. I will allow Mr. Henderson a certain length of time to suggest any other
witnesses that he wishes to examine as
the case of the accused cannot be heard
before the October Assizes.
MR. TAYLOR:—Yes, but In the meantime, we want the addresses, the exact
addresses of these witnesses.
MR. HENDERSON—Of course, and We
might have the names of their witnesses at the same time; because If
you bring In any witnesses, we must
bring others in rebuttal to them.
MR. TAYLOR:—We are not going to
britig any witnesses on affirmative matter; we are not going to bring any
affirmative testimony only to rebut
statements made by theirs In the first
instance—statements made by their witnesses; no how can we say who our
witnesses are, until we know yours and
what they are to prove.
MR. HENDERSON:—But in the event
of new matter	
THE COURT:—There should be no
new matter: the examination must be
confined to this libel, t suggest that It
be allowed to stand over till the first
chamber day In Vancouver, In June;
and that will give you both time. That
will be the 4th June—the first week day
In June—and In the meantime, Mr. Henderson will furnish particulars.
MR. HENDERSON:—In the meantime
I   will  furnish  particulars.
THE COURT:—Now, It Is understood
that   this   order   for   a  commlsion  la
granted, but that the names of the commissioners will be settled by a Judge In
(Continued on page 6. Court Proceedings in
Criminal Libel Suit
•>!,
•I
'        .
(Continued from page 1.1
mny order prosecution wliere something
hns been done right under his eyes—or
where perjury has been committed In
Court before him. But, genernlly, that
should be left to the Attorney General,—
or a private prosecution.
For the Judge cannot he In the real
sense of tho word "Indifferent." If he
order this prosecution.
MR. TAYLOR:—We nre not nsklng
your Lordship to order tills prosecution.
That Is to say—this case carries costs
with it. We assume their responsibility.
THE COURT:—If you would take up
the cudgels In this case you hnve to go
before the Lower Court and get the
prosecutor hound over to prosecute and
tn assume full  responsibility.
MR. TAYLOR:—In this ense we assumed It. Every responsibility In this
case is assumed by us.
The Act, page 1074, I think li Is—section 1046—puts upon us the responsibility for costs; that Is, If we cannot succeed In these proceedings we have to
pay the costs.
THF, COURT:—Every person who Institutes a private prosecution ought to
pay the costs If he does not succeed. But
thnt does not get you away from the
point 1 raised.
MR. TAYLOR:—With the greatest respect I submit that It Is your Lordship's
duty to order this case to proceed.
THE COURT:—And I, as Judge, will
not sanction or assume that responsibility. You must assume It, for the private prosecutor himself.
MR. TAYLOR:—The Attorney General consents to this ns far as he can.
THE COURT:—He has absolutely
nothing to do with It. The private prosecutor Btands on his own bottom. The
Attorney  General   cannot  Interfere.
MR. TAYLOR:—Under thnt Section
1016—If we bring this prosecution, your
Lordship will order and we will assume
all costs  In  the case of failure.
We do not ask that your Lordship
direct lhat this prosecution shall take
place,  but  to  allow  It.
THE COURT:—You can do that by
getting the prosecutor bound over In
the Lower Court even. You have a
right there that no one con deprive you
of. You have a course there that no
one can defeat you In.
MR. TAYLOR:—We had that privilege
under Section 873—that is—to assume
all responsibility, and to ask the Court
not to direct this but to nllow this Indictment.
THE COURT:—Why did you not appear ut the Lower Court und get him
bound over?
MR. TAYLOR:—It wns taken at their
charge. And all he had to do was to
show the article nnd prove the publication of it.    And that Is sufficient.
lt is not sufficient to sny we should
have appeared In the Lower Court. We
have also the right to appear here.
THE COURT:—! have already stated
the linos on which 1 would exercise that
jurisdiction—and most of nil In a case
of libel.   I would not order It.
MR. TAYLOR:—The difficulty In this
mutter Is how we can get thc consent of
the   Attorney   Genernl   any   further.
THE COURT:—If you go nt It In the
proper way you do not need his consent.
All you have to do Is lo come forward
manfully and assume the responsibility,
and then the Court and even the Attorney General, cannot stop you. And I
don't know why you don't do that.
MR. TAYLOR:—Because we do not
think It necessary. Because we have
Section 873; and we come before this
Court manfully enough—and assume the
' responsibility of all costs nnd all that
goes with lt. And we say thnt If there
is sufficient here to Justify us—prima
facie—we ask that your Lordship consent that the case proceed.
THE COURT:—I will not do lt. It Is
the business of the Judges to try the
actions but not to direct them to be
Initiated.
MR. TAYLOR:—It Is simply to say
that on Its face there Is a prima facie
case.    That  is our position.
THE COURT:—It is the same thing.
If you are not bound over under the
proper prosecution, I advise you to go
bnck again nnd get him bound over and
assume the responsibility.
MR. TAYLOR:—I don't think we can
go buck again. He Is bound over to
this Court.
THE COURT:—I can't help you. I
am opposed to this Initiation of proceedings by a Judge—and most of all In
libel cases.
Clinton, Mav 3, 1912.
10.30 a.m.
REX. vs.  DANIELLS.
Case called pursuant to adjournment.
Present:—R.  R.  MAITLAND,   Esq.,   for
the Crown.
S. S. TAYLOR, K.C., for the
Prosecution.
STUART HENDERSON, K.C,
for the Defense.
The Clerk of the Court read the Indictment to the accused.
MR. HENDERSON:—The defendant
moves to set aside this Indictment.
MR. TAYLOR:—In this matter, with
the consent of the Crown, I appear for
the Crown (on behalf of the private
prosecutor.
MR. HENDERSON:—Well, I think the
authority for that ought to be In writing.
THE COURT:—You appear for the
Crown, Mr. Taylor?
MR. TAYLOR:—Yes, My Lord—by the
authority of the Crown, and on behalf
of thc Private Prosecutor; and the Crown
Counsel Is here to Bay that this Is correct.
THE COURT:—I think you have no
status to appear on behalf of the Private Prosector. It la a Crown Prosecution now; It is not a Private Prosecution.
MR. TAYLOR:—If your Lordship rules
that It Is not a Private Prosecution,
then	
THE COURT—Yea; I have ruled that
you have no status aa counsel for the
Private Prosecutor.
vent   me   from   appearing   io   assist   mc
•rnwii—-and  with  the Crown's  consent.
THE COURT:—The Crown Counsel can
cull in any assistance that he pleases.
MR. MAITLAND:—I consent that Mr.
Taylor appear with me.    I  am hqre on
Uehulf of the Attorney General, and consent that Mr. Taylor appear with mc In
this matter.
MR.   HENDERSON:—I  object.
THE COURT:—Mr. Tnylor is now appearing as assistant to the Crown Counsel.   Thnt Is the only status he has got.
You can't object.
MR. HENDERSON:—I want to know
the status of tiie Crown Counsel himself
In this mutter. I have his position contradicted by n letter from the Deputy
Attorney Genernl.
TIIE COURT:—The open statement
mnde before me In Court Is enough for
me.    He has given his consent.
MR. HENDERSON:—I have an affidavit here, My Lord,—und I propose to
rcud it.
THE COURT:—You   cannot   question
his authority.   It would be just as much
to be tolerated, In every case, that the
Crown Counsel could have his authority
challenged, and a written authority asked  for—In  every  case.    The statement
that he has authority, Is quite sufficient.
MR.  HENDERSON:—I   would  like to
road this Into the record.
THF. COURT:—You may read  it.
MR. HENDERSON:—"In the Court of
Assizes, holden at Clinton, May 1st, 1912.
In Rex vs. Danlells.—I, Stuart Henderson, of Victoria, Barrister-at-law, make
oath and sav:
1st. That I am counsel for the accused herein, nnd am conversant with
all the matters herein deposed to.
2nd. That the paper writing now
shown to me, and marked Exhibit A, to
this my affidavit, Is a letter from the
Attorney-General to me.
3rd. That the paper writing now
shown to me and marked Exhibit 13, to
this my affidavit, is a letter which I
am informed and verily believe my
client received from the same source."
Sworn before me at Clinton, this second day of May,  1912.
STUART HENDERSON,
F. C. CAMPBELL, F. M.
The letter from the Attorney General—from the Attorney General's office.
Is dated Victoria, March 26, 1912; to
John B. Daniels, South Fort George,
B. G:
"Sir:—I beg to acknowledge receipt of
your letter of the 16th of March, respecting your prosecution on the charge
of criminal libel.
"As the Magistrate, committing you
for trial, or the Constable, should have
taken you to Ashcroft at once. In order
that vou could elect whether to take a
speedy trial, or a trial by jury, and to
enable you to be released from custody
on giving bonds for your appearance—
the Magistrate, himself, had no power
whatever to order your release, nor
hud he the power to stipulate the
umount required to be put up by way of
bull. When you have appeared before
the County Court Judge, and have
elected to take, either a speedy trial, or
a trial by Jury, the Crown will then
take no further proceedings against you
In this matter; but the Private Prosecutor, whoever he may be, must pay all
the expenses of the trial, Including the
cost of witnesses, etc.
"Your obedient Servant.
"J. P. MeLEOD,
"Deputy Attorney General,"
And tho letter of April 29, 1912, signed
by the Deputy Attorney-General Is as
follows:
"Attorney-General's Office, Victoria,
April 29, 1912. To Stuart Henderson,
K.C.  Ashcroft, R. Ci
"Sir:—Rex vs. Daniels. In this prosecution the Attorney-General will follow
the same course as was taken by him
lust year In the prosecution of the
"Saturday Sunset." The Private Prosecutor must have copies of the depositions made; must subpeono his witnesses, and prefer the Indictment; and
counsel acting for the Crown nt the
Assizes to he held at Clinton, next
Wednesday, will take no part whatever
In the prosecution; his Instructions being to inform the Grand Jury, that
they nre to give the Indictment In the
above case, the same careful consideration as they give to other criminal
cases that come before them, only this,
and nothing more.
"Your obedient Servant.
"J. P.  MeLEOD.
"Deputy Attorney-General."
Now. my Lord, we have, further than
that—that the Deputy Attorney-General
has the same authority as thc Attorney-
General, and this letter Is binding.
MR. TAYLOR:—That Is not disputed.
MR. HENDERSON:—Now, In the case
of that letter, before answering this Indictment, we ought to have some sort of
Idea, In the face of these instructions,
what the Crown Counsel has In this
particular case—what authority he has
In this particular case. I don't speak
of other cases; but In the light of that,
I ask for his authority.
THE COURT:—All I can say Is, I am
not concerned with what goes on behind
the doors of the Attorney-General's
Office. All that concerns me Is, that a
reputable counsel gets up In open Court
and says he hns sufficient authority from
the Attorney General to prosecute this
Indictment.    That Is  sufficient  for me.
MR. HENDERSON:—On that point, I
would like to ask Counsel for the Crown,
and call the Court's attention to this
word "Crown Counsel." I presume this
Is made under Section 872, of the Code.
May I see thc Indictment? I JuBt want
to see the end of It. The indictment.
My Lord, Is laid by t he Crown Counsel;
and that must be under Section 872; because, It must be either the Attorney-
General or some one by his direction, or
with the written consent of the Judge,
or a Court of Criminal Jurisdiction. And
there is no written order of the Attorney-General; and no order of the
Court. In Section 872 the only case
where Crown Counsel has authority to
sign an Indictment, Is when he has the
depositions before him, or a committal
from a Justice, "Counsel acting on behalf of the Crown, at any Court of
Criminal Jurisdiction, may prefer
against any person who has been committed for trial at such Court, a bill of
Indictment for thc charge on which the
accused has so been committed or for
any charge founded on the facts or evl-
donee disclosed in the depositions taken
before a Justice."
Now these depositions don't contain—
THE COURT:—I haven't them here;
have you a copy of them?
MR. HENDERSON:—I have a copy of
made by the Magistrate to the aocusea
at  lhe  close of  the  Prosecution's evidence.     Unless   he   discharges   the   accused,   he shall   ask   him  whether  he
wishes the depositions to be read again,
and unless the accused dispenses therewith,  shall  read  or cause them  to  be
read again,    And  then he shall be addressed by the Justice in these words,
or to the like effect.    Now that Is not
referring  to  the  evidence.    It  is  form
20, Section 684.    As to the Section 683;
I might as well call your Lordship's attention to that; that Is where tie deposition may be taken down In shorthand.
THE COURT:—You refer to the usual
charge.
MR. HENDERSON:—Yes.
THE    COURT: — Well,    isn't    that
enough?
MR. HENDERSON:—I submit that lt
ts not following Section 684.
THE  COURT:—I   must  assume   that
thut was done.
MR. HENDERSON:—Section 684 requires that that form shall be attached
to the evidence.
THE COURT:—Where Is that?
MH. HENDERSON:—"Whntever the
nccused then says, In answer /thereto,
shall be tnken down In writing, In form
20, or to the like effect, and shall be
signed by the Justice, and kept with the
depositions of the witnesses, and dealt
with, as hereinafter provided.
And that after these depositions have
been read, as aforesaid, the Judge shall
ask him if he wishes these to be read
again—the written deposition—and then
the accused shall be addressed In these
words—or words of like effect; and lt
shall be tnken down In writing In form
20, or to the like effect—and signed and
kept with the depositions. That Is subsection 3 of 684.
THE COURT:—No; that does not form
part of the deposition. That is a proceeding which Is attached to the deposition; but Crown Counsel has the right to
prefer an Indictment for any facts arising out of the deposition.
MR. HENDERSON:—But there Is no
deposition until he Is charged; or till lt
Is part of the evidence in the case.
THE COURT:—No; that has nothing
to do with the deposition.
MR. HENDERSON:—Well, then, I will
abandon that point, But there Is another
point I will raise.
Counsel acting on behalf of the Crown
In any Court of Criminal Jurisdiction
may prefer against any person (Section
827) who has been committed for trial
at such a Court, a bill of Indictment for
the charge of which the accused has
been so committed, or for any charge,
founded on the facts or evidence disclosed In the depositions taken before
the Justice.
Now, If these depositions were brought
before Your Lordship, with the accused,
on Habeas Corpus Proceedings, without
that form, the accused could be discharged.
.THE COURT:—No; the Court will let
the accused go before the Jury In the
usual way.
MR. HENDERSON:—Bpt these proceedings are supposed to be brought
here In the usual way, and with the witnesses for the Crown and their evidence,
there must bo a compliance with this
form 20 and Section 684, In order to
make the1 committal papers vnlld.
THE COURT:—lt does not follow,
that because something of that kind had
been omitted  that It Is null.
MR. HENDERSON:—And I think that
the difference between the Attorney-
General's acting and the Crown Counsel
acting, Is that the Crown Counsel's
papers must be all right—except in that
exceptional case of the Prosecutor being
bound over to prosecute.
THE COURT:—I fall to see any authority for that.
MR. HENDERSON:—That Is my contention Under the statute.
THE COURT:—Crown Counsel, when
he appears In the Assizes, has all the authority, and all the responsibilities of
the Attorney-General. He Is his alter
ego, for the time being.
MR. HENDERSON:—I take It,, that
the word "Counsel" has the same meaning here. One thing I can't find out ts
that there Is any difference between
"Crown Counsel" and "King's Counsel;"
and I want to avail, myself of this. He
must be one of "His Majestys Counsel
learned In the Law.'
THE COURT:—I don't see any authority for that.
MR. HENDERSON:—The only place 1
can find anything In the Act, sustaining
that position, Is that there Is no reference to lt in any other way. But there
Is a clause on which this Is founded—
from which this Is taken; lt was taken
from a statute in force In Nova Scotia;
and this particular clause first came Into
tlie Act here, I think It was In the year
1900 or 1901; and It was taken from a
statute of Nova Scotia, of 1887, which
shifted the duty of the Attorney-General on some "King's Counsel" or other
barrister to attend the sittings of the
Criminal Court—
THE COURT:—I don't think It makes
any difference as to the color of the
bag.
MR. HENDERSON: — If "Counsel"
means "Barrister," who Is charged with
the business of the Court—why not use
the word "Barrister"?
THE COURT:—He Is a Counsel as
well as a Barrister.
MR. HENDERSON:—"Counsel" means
that he Is— "One of His Majesty's
Counsel learned In the Law."
THE COURT:—I hnve always to assume that he Is "learned In the law"
till I find out otherwise.
MR. HENDERSON:—Well, I would
like to get the Provincial Statute on
that; there doesn't appear to be any
new Dominion Statute on that at all;
but that point didn't appear to me till
now.
MR. MAITLAND:—If tha ,leai»ied.
counsel succeeded on that point, that a
Barrister might not be a Crown Counsel, we might have the proceedings before this Assizes annulled and writs of
Habeas Corpus applied for on behalf of
those convicted.
(Continued on page 4.)
THE HERALD is the recognized newspaper of the New
Cariboo. The entire district
is thoroughly covered and its
influence extends far beyond
the confines of the province.
Its advertisers reap rich returns as a result of their investment in HERALD publicity, why not get on the bandwagon yourself ?
Advertising Rates on Application
The Fort George Herald
South Fort George -But   It   Is   not
we   have    thi
is   thi
hi'
Criminal Libel Suit
(Continued from page 4.)
Vancouver.
MR HENDERSON:—The names of
the Commissioners and of the witnesses.
MR TAYLOR:—The names of the
Commissioners and the witnesses of my
friend; but not ours.
MR HENDERSON:—That Is understood.' and the only matter before the
court now, is for bail for my client in
the meantime.
COURT—What bail Is he under now.'
MR TAYLOR:—A ball of »r.,000.00,
MR. HENDERSON:—He wai under it;
„,,' was committed about a month ago.
THE COURT:—Whnt Is his ball now?
MR HENDERSON:—I am.
MR. MAITLAND:—Not strictly speaking  my Lord.
MR.   HENDERSON: — Yes,     strictly
speaking. •
MR  MAITLAND:—My information Is
that he Is out on »6,000.00 ball, at Ash-
I croft; and that the Attorney-Oenernl has
reueated that ball.
MR. HENDERSON.-If you will allow
me_f know the facts—
MR. MAITLAND:—I will allow you tc
i state them.
MR HENDERSON:-The facts are
I ihe**e: He was brought down In charge
of the Constable to Judge Calder at Ash-
oft, and came out on bal^when .lodjje
I Calder let him out on ball of IB.OOO.OO
l^wo sureties of 12,500.00 each. Immedl-
lately Mr. Danlells came down to the
toast «nd saw me, and I asked him a
lone, how he was out ot. bn I, and he
lsald-"Ry *■<"••*■<* Calder," and I sald-
TudH-i CiUler hi. no right to take your
Ian in a libel case; and I took him ov*
the Attorney-General's oflice. and 1
■vas allowed to take him out on ball on
rnv own recognlnnnce.
J THE COURT:—Are you satisfied with
lhat gentlemen.
, MR TAYLOR:-We want him to b,
Lgularly held on ball. We have Infor*
Cuon that the accused has deposed
If his business; he Is publishing In hi'
Iwn paper a farewell address tn the peo-
nf  Fort  George.    Now,   If  that  I
Irue—
MR.   HENDERSON
Irue.
MR.   TAYLOR:—Well
baper here.  ,
MR.    HENDERSON:—Where
baper?
MR   TAYLOR:—We    have    here
Jraledlctorv,  which  Is  Pretty  nearly  a
Enoch of a libel as the one we are prose*
fcuting  for.    On   April   6,   he  publlshe
fa valedictory, which is morc of n send
jofr for Mr. Hammond than for himself—
(entitled  "Fighting For  the  Public."    I
[don't  know   that   your  Lordship  want
me to rend It.
MR, HENDERSON:—Yes, read It.
THE COURT:—No.
MR. TAYLOR:—He writes In a differ*
lent strain after getting my friend'
1 advice; so this Is whnt he calls It.
THE COURT:—Whnt does he say?—
I thnt lie I** going to leave?
MR. TAYLOR:—He says: uu revolr—
and thanks the public for their support
j and practically says—farewell.
THE COURT:—Let. me see lt.    But •
i don't see any Indication In thnt artlclf
that he Is going to quit business.
MR. TAYLOR:—Well, there Is no In
j mention at  any  rate,  thnt  he  Is  golne
1 to quit slandering.   But there Is nnothe'
j article in  which  he  speaks  of  havlnr
| emptied the vitrol out of his Ink bottle
MR. HENDERSON:—Anybody can un*
I derstand  that;   anyone   can   understand
I thnt as  he was  coming  down  here  tf
I stand trlnl and doesn't know what nw
happen, nor how long  he may be de
laved.
MR TAYLOR:—And that he mn*
never go back. He has been away frorr
Fort George for some time now, and hr
has not gone hack.
MR. HENDERSON:—He could not go
back while this ease Is going on.
MR. TAYLOR:—He has been here now.
for a considerable time.
THE COURT:—All I can say Is that
the libel Is a gross one, and would require to be Justified—accusing a man of
being a Jail bird; and of having his picture In the rogue's gallery and things
of that kind.
MR. HENDERSON:—That Is not complained of In the Indictment; they leave
that out. v
MR. TAYLOR:—We do. It was In the
article, but in preparing that Indictment
there Is one clause left out. The article
says that "Everybody's Magazine" con-
tnlns an article wherein It is stated, etc.,
etc.
THE COURT:—But the libel Is a gross
one. and unless It Is Justified up to the
hilt, at the trial, there will be no defence. Under these circumstances, ball
might to be substantial. I tnlnk there
ought to be ball for thc sum of $5,000.00.
MR, HENDERSON:—What boll does
your Lordship say?
THE COURT: — Two sureties of
15.000.00 each.
MR. TAYLOR:—And these will have
to be to the satisfaction of Mr. Campbell here.
THE COURT:—Yes. The case itself
stands traversed till tlie next session of
the Court to be held for Cariboo Judicial
DiBtrlct.
DONALD DEVINE,
Deputy Official Stenographer.
PORT GEORGE LAND DISTRICT.
District of Cariboo.
Take notict that Arthur Charles Egbert McElroy, of South Fort George,
B.C., manager, intends to apply for
permission to purchaae the following
described lands:
Commencing at a post planted at the
Northwest corner of Lot 4201 and
marked C. McElroy's Northeast corner,
thence south 10 chains, thence west 40
chains, thence north 80 chains more or
less to the Nechaco River, thence following the said river southeasterly to
the point of commencement and containing 140 acres more or less.
Arthur Charles Egbert McElroy.
May 6th, 1912. jul20
There are a great number of town-
site properties on the market in the
land adjoining the Indian Reservation
here. Most of the subdivided properties are owned, sold by or controlled by
the, Natural Resources Security Company, Limited, of Vancouver. Their
properties comprise Lots 777, 1430, 936,
1429, 937, 938, 2608, 2610 and 2507.
The South Fort George townsite, the
business und residential centre of the
districl, is situated on Lots 933 ant
934. The Hudson's Bay property ant
Lots 931 and 932, generally known
as the "Bird Addition" are not as
yet on the market. The area subdivided, and either owned or sold
on the profit sharing plan by the
Natural Resources Security Company Ltd., totals about 1800 acres.
This concern has been responsible
for such development as may be
(ound today on a small portion of
Lot 938, the smallest of their subdivisions. Their townsites are located on a high Jack-pine flat. The
soil is gravelly, and, generally speaking, will not produce domestic vegetation. There are no wells on the
townsite, owing to its height, and
water must be brought from the
river. The South Fort George town-
site is a very much smaller area. It
totals about 150 acres, and is situated on the lower benches of the
Fraser River, which is navigated b>
the largest steamboats throughout
the open season. The Nechaco River
townsites are not regular ports ot
call, as owing to the difficulty in
navigating the Nechaco river except
in high water the boats do not call
there unless paid to do so. Lots in
some sub-divisions of the Natural Resources Security Company Limited
have not increased in value to any
material degree during the past three
years. Their initial sub-divisions
are as yet quite indeveloped. South
Fort George is a good live town. It
has been largely built up and developed by tbe pioneer element, who
settled on the site as soon as it
was placed on tbe market. The Late
John Houston, the veteran frontier
newspaperman, established his paper
at South Fort George in its earliest
days. The town contains over two-
thirds of the entire population of all
the inhabited townsites. It has two
banks, the Bank of British Nortb
America and the Trader's Bank of
Canada, two sawmills, tin shop,
three large general stores, a large
theatre, a newspaper issued by the
pioneer publishers of the Cariboo
district, a licenced hotel, pool hall,
bakers, confectioners, two churches,
drug store and restaurants. It is the
terminus of the British Columbia
Express Company's mail steamboats
and stage line. It is the headquarters
of the Kort George Trading and
Lumber Company's steamboat and
sawmllling operations. The -headquarters of the Northern Lumber Co.
merchants and sawmill operators.
It is close proximity to the Government buildings, and is situated In
such manner that the main development of the Indian Reservation
will benefit it more directly than
any other sites. The railways that
are to be built from the south must
ot necessity follow the Fraser River
shoreline in order to secure a water
grade, and will form a junction with
the main line of the G. T. P. near
tbe east end of the Indian Reserve.
Acreage close to the South Fort
George townsite is changing hands
every day for large figures. The land
comprising tbe South Fort George
townsite, and all the Fraser River
properties is of excellent quality,
covered with a light growth ot poplar with scattered firs.
The foregoing resume of the town-
sites here will give the reader some
idea of the respective merits ot both
townsites. The Fort George Herald
has no affiliations with either of the
exploiting companies whose interests appear1 to be opposed. Those
who have invested in South Fort
George property, not too far back
(rom the river, . may rest assured
that tbey have excellent value for
the money they have invested, owing
to the rapid growth of development
created by independent initative. If
tbey desire to sell tbey should list
their properties with one of the
local realty operators, who are constantly recording handsome profits
for investors. Lots in the townsites
ot the Natural Resources (Security
Company depend for their value on
their proximity to that portion ot
their property along the waterfront
at which they are trying to centralize their development. At that point
the townsite company is putting up
a number of buildings, and are trying
in every way to start a trend of
development, having their business
centre for its radiating point. This
will hardly be accomplished to any
satisfactory degree for the large
majority on their sites, for a long
time to come. We advise no one to
purchase on the strength of their advertised statements. Intending investors in any sub-divisions here
should bear in mind that the Grand
Trunk Pacific Railway Company's
townsite will add about one thousand acres more townsite property
to the combined area offered for
habitation. The market has been
dangerously flooded already, and
bearing this in mind the careful Investor will not venture his funds In
any townsite that can not actually
claim the active and Independent
development that signifies the approval ol the people on the ground.
Unless they can invest in a townsite
that is being developed and Increased In value by Independent enterprise, they had better await tbe
sale of the    G. T. P. property or
acres ot land by pre-emption. iueie
are large tracts ot land open for
alienation by pre-emption only, in
this district. The land is capable of
raising good crops ot garden produce, hay, oats, and practically anything but fruit, which has not so far
proved a success up here, should
maintain that this district should
not be regarded as a fruit growing
country until that branch of culture
aas been properly tested. This is
naturally a mixed farming country.
Wild berries, however, are found
throughout the whole northern inferior country, as far north as the
Peace River Plateaux. Wagon roads
are being built into the surrounding
country, and progress will be made
on such public works, as tuture circumstances demand. The Fraser and
Nechaco Rivers afford transportation
to their tributary valleys, the Fraser
particulary, being navigable for 160
miles south and 315 miles north of
this point. We believe that the best
way to secure a good pre-emption
is by engaging the services of one
of the reliable locators, who make a
business of locating the settler.
Some of these men have been in the
district (or a long time, and can
save the land hunter time and cash
by his experience. The, Herald will
be pleased to advise the settler regarding lands open for pre-emption
and the best means of obtaining
information thereof, on application.
Building materials are at hand In
large quantities. The local mills
have about three million feet of
lumber in the yards, In preparation
for the spring. Lumber costs from
{35 to $75 a thousand feet. People
intending building should consult
by letter some of the local contractors, who, we are informed, will
be pleased to furnish all Information.
The fare into the country from the
railway point, Ashcroft, fluctuates
with the seasons. During the summer
when navigation is open on the
Fraser River, May 1st. to October
31st., the fare amounts to $45, and
the expenses en route about W0.
This is by automobile and steamboat. The winter fare, from November 1st. to March 31st. totals $62,
with expenses of about $15. Travel
in the winter is by sleigh. The express rate in the summer is 12} cts.
per Ib. The winter rate 20cts. The
summer Freight rate is 6cents, and
the winter rate llcents per lb.
The cost of living may be gaged
by the following scale ot prices now
prevailing. This rate will be materially reduced when freight comes
down the Fraser River from Tete
Juane Cache, via the G. T. P. steel
from Edmonton. This should transpire next summer: Flour 11 cts lb.
Sugar 14 cts. tb. Ham 35 cts. Ib.
Bacon 40 cts. lb. Beans 15 cts tb.
Rice 15 cts. lb. Dried fruits 25 cts lb*
Overalls sell for $1.25 a pair. Meat
18 cts. tb. Meals in the hotels, however, cost but 50 cents each.
The banking interest charged here
is ten per cent.
Employment in the past has been
limited to survey work, building
trades, (carpenters), loggers, steamboat crews, packers, canoe men,
land and timber cruisers, laborers
on government road work, and such
work as has been done towards the
development of townsite properties.
Farm laborers are not in demand as
yet. There is no railway work here
up to the present, but during the
next season and thereafter laborers
may reach the grade trom this place,
that is, after next June or July.
Wages range from $4 to $7 a day,
according to the class ot labor.
Prospectors will find practically a
virgin field for their explorations
The whole district has every indication of being highly mineralized.
V4
CHURCH SERVICES.
ST. STEPHEN'S-Services next Sunday: 8.30, Matins and Litany; 9, Holy
Eucharist (sung); 3 p. m„ Children's
Service; 7.30, Evensong and Sermon.
KNOX CHURCH-Services every Sunday evening at 7.30. C. M. Wright,
Minister.
A.P.ANDERSON
BUILDER AND
CONTRACTOR
Office and Store Fixtures.
Hamilton Ave.    South Fort George
P.A.Landry J. H. McGrboor J.F.Templeton
T. A. Kelly, Timber Department
Gore & McGregor
CIVIL ENGINEERS
British   Colombia   Land   Mrreyore
Land Agents Timber Cruisers
Chancery Chambers, Untley Street, VICTORIA,
....   „„  .._..*jr„	
B.C.J'.O. Box 162, Phone 684.
tThird Street,
ORGE. B. C.
McGregor Building, Third,Street, SOUTH FORT
-r-y-*^*.-^.<^>*y/^>-y-*ty*'^-***(*y*'A**-,A.****l
Do you
contemplate
building?
Then investigate
_      our workmanship and get our estimate.
Danforth & McInnis
Contractors * Builders.
Hamilton and First
f,  A $10,000 Shipment of
g Boots and Shoes
Just unpacked and placed in stock the most complete
r4 line of Boots and Shoes ever brought to the northern
interior.   A complete range of styles for men, women and
children.    Such well-known ■ makes as Slater's, Mc-
Cready's, McPherson's.
The largest and best selected stock of General
Merchandise in the Port George District.
Kennedy, Blair & Co., Ltd.
Comer Second Street and Hamilton Avenue Sooth Fort George
To Travellers and Shippers t
The Steamer "CHILCOTIN" is ready to launch on the opening of the
river. She will be manned by the same careful and courteous crew as
before.
The AUTOMOBILES of the Auto Transit Co., of Ashcroft, will connect with the Bteamer at QUESNEL and SODA CREEK and carry
passengers over the Cariboo Road, connecting withCP.R. at Ashcroft.
Consign shipments for FORT GEORGE and all points in the Nor-
thern Interior of British Columbia to the CARE of the STEAMER
"CHILCOTIN" at SODA CREEK.
(A thoroughly seasoned and carefully manufactured stock of LUMBER
always on hand for LOCAL or OUTSIDE deliveries.
The Fort George Trading & Lumber Co., Ld.
The PIONEERS in the NAVIGATION and LUMBER industries on the Upper Fraser and
Phone 11. its tributaries. Chas. E. McElroy, Manager,
A
4A
The Place
The Store
TlTH SPRING everyone wants something
NEW. Try this store for the best the
market affords. We are showing a particularly
nice line of
Prints, Ginghams, Muslins,
Satins, Sateens, Silks, Etc.
If your storekeeper has not got it, try Quesnel's
leading merchant
John A. Fraser
Front Street Quesnel, B. C.
Mail Orders Receive Prompt Attention.
Cf
AMERICAN PLAN
EXCELLENT CUISINE
^
Corner Hamilton & Third
South Fort George, B.C.
The newest and most modern
hotel in the northern interior
Rates $2.50 and $3
Monthly and weekly rates on application
^ =
Best of wines,
liquors and cigars
Albert Johnson, »•»».
BRITISH COLUMBIA EXPRESS
COMPANY
OPERATING
Autos     Steamboats
Sen* for a folder   Bond for a folder
Stages
Prom Ashcroft to Fort George, and all points in
the northern interior of British Columbia, carrying
the Royal Mail, passengers and fast freight.
The Palatial Steamer B.X. Awaits the Arrival of the Company's Stages
^JSrtRSMWK^    Head Oflice: Ashcroft, B.C.
ADVERTISE IN IHE HERALD PROVINCIAL AND GENERAL NEWS
neighborhood for days before they are
driven out.
lM
Among the appointments appearing
in British Columbia Gazette is that of
Herbert John Gardner, of Stanley, as
a coroner for Cariboo District.
H. Gallagher, roadmaster ontheG.T.
P., while traveling eastward from Terrace on a railway motor-cycle, was
struck by a train coming from Van
Arsdol, injured or killed, and flung off
the line into deep water in the Skeena
river. His body has not been recoverj
ed.
Word comes from the Nechaco of
the serious wounds received by a man
named Ben Murray, from the attack of
a grizzly bear. Mr. Murray was walking on the trail when the animal attacked him, badly lacerating his head and
face, and tearing out one eye. He was
taken to Quesnel for medical treatment.
TENDERS
Mrs. Emmeline Pankhurst, the militant suffragette leader, and Mr. and
Mrs. Patrick Lawrence, joint editors of
Votes for Women, were all found guilty
and each was sentenced to nine months'
imprisonment on the charge of conspiracy and inciting to malicious damage to
property.
The Kootenay Central Railway Com*
pany has taken over seventy-five acres
of the William J. Barry ranch at Spill-
imachene, on the east bank of the Columbia river, and will lay out a townsite
to be known as Spallumacheen, which
will be placed on the market in the near
future. This will be the central town-
site between Golden and Lake Windermere.
Three years in the penitentiary was
the sentence imposed on a clerk in the
Vancouver postoffice who was found
guilty of the theft of money from His
Majesty'8 mails. The young man, who
has been a well known resident and a
trusted employee of the postoffice
for the last six years, felt his position
keenly, while his weeping mother, who
was one of the spectators in court
when sentence was pronounced, was led
away in a state of collapse.
SEALED TENDERS  addressed  lo
the  undersigned and marked on   the
envelope "Tender for Buildings,   Fort
George Reserve," will be received  up
to noon of Tuesday,  July 2,   1912,   for
the erection of the following buildings
for Indians  on   the   under   mentioned
reserves:—
On Reserve No. 2, Fort George, B.C.
18 large dwellings for Indians.
6 small
1 Church.
1 Schoolhouse.
On Reserve No, 3, Fort George,   B.C.
4 large dwellings for Indians.
6 small      "       "
On Reserve No. 4, Fort George B.C.
1 large dwelling for Indians.
2 small dwellings for Indians.
Plans and specifications may be seen
at the offices of Mr. John F. Smith, In- i
dian Agent, Kamloops; Mr. Peter
Byrne, Indian Agent, New Westminster; Mr. Wm. McAllan, Indian Agent,
Fraser Lake; Mr. A. M. Tyson, Inspector of Indian Agencies, Vancouver
Mr. W. E. Ditchburn, Inspector of
Indian Agencies; Victoria: and the post
offices at Ashcroft, Quesnel and Fort
George.
Each tender must be accompanied by
an accepted cheque on a chartered bank
for ten per cent, of the amount of the
tender, made payable to the order of
the undersigned, which will be forfeited
if the person or persons tendering decline to enter into a contract when called upon to do so, or fail to complete the
work contracted for. If the tender be
not accepted the cheque will be returned.
The lowest or any tender not necessarily accepted.
The unauthorized insertion of this advertisement in any newspaper will not
be paid for.
J. D. McLEAN,
Asst. Deputy and Sec'y.
Department of Indian Affairs,
Ottawa, May 1, 1912. 41
The sittings of the County Court of
Cariboo will be held as under:
Clinton-Thursday, June 6th, 1912,
at 9 a. m. at the Court Hojse.
150 Mile HousE-Monday, June 10th,
at 10 a. m. at the Court Hodse.
South Fout George - Thursday,
June 13th, at 4 p.m. at the Government
Office.
QUESNEL-Saturday, June 15th, at 2
p. m. at the Court House.
RlCHPiELD-Tuesday, June 18th at 10
a. m. at the Court House.
By Order. C. W. GRAIN,
Registrar.
IN THE MATTER of the Companies
Act; and IN THE MATTER of
Cooke, Peden & Company, Limited.
NOTICE IS HEREBY GIVEN that
Cooke, Peden & Company, Limited, will
at the expiration of one month from
the first publication hereof apply to the
Registrar of Companies for approval of
change of name from Cooke, Peden &
Company, Limited, to  "The Northern
Lumber    &    Mercantile     Company,
Limited."
Dated this 4th dav of May, 1912.
E. J. AVISON,
Q.iesnel, B.C.
Solicitor for Cooke, Peden &
Company, Limited.
The
Little Nugget
Cafe
The most modern and best-appointed
cafe in Fort George.
FIRST-CLASS CUISINE
Meals       -       50 Cents
Short Orders a Specialty
Mrs. F. C. Nahrwald, Proprietress
Cor. Hamilton and Third
South Fort George.
Joe Lasalle, the well-known trapper
of Goat River, arrived in Barkerville
last week with a large bunch of ofine
furs, principally marten and Beaver.
He estimate" his catch for the season
at $1200. After resting up for a week
or so in town from his winter labors,
Joe intends going out after grizzly and
black bear, which he states are very
numerous in the vicinity of the Goat
river.
Speaking at" the banquet of the University of New Brunswick alumni, Hon.
George E. Foster deplored the fact that
the public men of Canada were kept so
busy that they had not the time fully
to consider the problems of the country.
Members of parliament while in Ottawa,
he said, are harassed by an enormous
correspondence, produced by the patronage system, which was simply damnable.
Members of the government and parliament had not the opportunity earnestly to consider the matters before
them, consequently their decisions were
often hastily given.
At the rising townsite of Nicholl, the
G.T.P.'s first divisional point out of
Prince Rupert, situated at Mile 119 on
the railway, there is a thriving scene of
bustle and activity. Since the sale of
the lots in Prince Rupert interest is
focussed more sharply than ever upon
the new town. Business men are arranging to locate there and before long
the townsite will be bristling with new
buildings. Everyone has assured confidence in the future of this point. Its
selection as the first divisional point out
of Prince Rupert places it in the forefront of Skeena river townsites.
The chase after the Indian outlaws,
Paul and Spintlam, has shifted from
Canoe Creek to the head of the Bonn-
part. Their location, at last reports,
was 100 miles southeast of Canoe
Creek at Fish Lake. They abandoned
the horse they had Btolen from Napoleon Pigeon and stole another from an
old squaw at Fish Lake. The squaw
saw them taking the horse and went
out to investigate, but before she could
talk to the outlaws they were gone.
There are now sixty officers on the
work. A cordon has been drawn around
the desperadoes to keep them from getting into the Clearwater country, where
it is expected they might be safe for
several years. With their retreat to
this stronghold cut off they can not but
fall back on the Canoe Creek and Dog
sections, in which event they will be
caught. The head waterB of the Bon: -
parte, where they were last seen, is
replete with brush and small creeks,
Manufacturers of High-Grade Confectionery
ICE CREAM and all kinds of SOFT DRINKS
Catering Tobaccos and Cigars
FOURTH STREET
SOUTH FORT GEORGE
>.*^*^^*^*^<^-^*^<^<^*^*^*^^*^^/^*^»^^^.^<^-^.^/^*^^W,A>fc>
I JUST RECEIVED:
P Seed Potatoes ,- $5.50 per 100 lbs. |
i Carrots, Turnips, Beets, Parsnips and Onions I
'4        FRESH MEAT and RANCH EGGS our specialty.        g
jjThe B.C. MEAT MARKET |
FORT GEORGE A\m arkTimTj rwD-T ppnnff 7*
I
AND
SOUTH FORT GEORGE
im^-^>*^>*4^-*^^^*^<^-^-!9>*^*^i!^<^m-^ww
TO INTENDING BUILDERS AND CONTRACTORS
We invite inspection of our large and well-assorted stock of carefully
manufactured LUMBER. This Lumber was manufactured during the
summer of 1911, was carefully piled and stored for the winter, and is
now THOROUGHLY DRY and in prime condition for building, and sells
at THE SAME PRICE as any other Lumber.
Dimension, Boards, Siding, Shiplap, Ceiling, Finish
MOULDINGS and SPECIAL SAWINGS or DRESSINGS of any kind
The Fort George Trading & Lumber Co., Ltd.
THE PIONEER MILL.
SOUTH FORT GEORGE, B.C.    Phone 11.   Chas. E. McElroy, Mgr.
Our GUMLESS SPRUCE SIDING and V-JOINT will not warp, check
nor shrink endways, and contains no gum to cause the paint to peel.
a Roberts, Jones & Willson •*—i
EDWARD ROBERTS Notary Mlk.      E.E.JONES.      A. J. SELWVN-WILUON, UilK.
REAL ESTATE, INSURANCE AGENTS, AUCTIONEERS,
VALUATORS and ACCOUNTANTS.
FOR SALE: Farm Lands. Garden Tracts. Timber limits. Mineral Claims. Valuable town lots.
LIST YOUR PROPERTIES WITH US.
Rehmai: Tin Tradtt'l BuktfCuuli
Th Buk .1 Vincwm. F«l Cmw, B. C
TELEGRAPHIC ADDRESS "ERIN" FORT GEORGE, B. C.
Offices: Hamilton Avenue, South Fort George: Central Avenue, Fort George, B. C
\ Choicest Seasoned Lumber \
S We have specialized in the Lumber business, which means
S that we know this business thoroughly, and can give satis-
g   faction by filling orders from a stock of the highest grades.
We Make a Specialty of Seasoned FIR Lumber of the Best Class
Get estimates from us on all kinds of Building Material.
jj Northern Lumber Co., Ltd. \
p   Head Office and Yard, South Fort George.   Branch Yard at Fort George.   *
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Men s Clothing
and Furnishings
General Merchandise
1
WE wish to draw your particular attention to our stock of \
Men's Clothing and Furnishings.   All our goods are \
especially adapted.to the needs of this country. |
I
I
\
While we direct especial attention to our Clothing line, do K
not forget that we carry a complete stock of General Mer- K
chandise- Groceries, Provisions, Boots and Shoes, Hardware S
and Building Material. K
We Can Supply Ml Your Wants
at the Most Reasonable Prices I
I Close & Brown Co., Ltd.
jj GENERAL MERCHANTS
jj Lasalle and Second Street Soutii Fort George, B.C.
k\^/\VAT/y/^-SB-5
V <2^ C^ ^* ^* ^»w> **»#v
I
•JO?W5*MB5*J5JI5^BW»WS5JIHI5ii
| 1836 |      Assets Exceed Fifty Million Polks      | 1912 |
tie Bank of British North America
Your money is safer in the Bank than in your house or in your
pocket. It is not tied up. You can get it out at any time without delay. NOTES discounted. Local and Foreign Drafts bought
and sold. COLLECTIONS made promptly.   Money Orders issued.
FORT GEORGE BRANCH:
J. MUNRO, ACTING MANAGES
The Average Deposit of the
Canadian People Is $122.00
per Person
Saving money can be made a habit. A portion of your weekly or
monthly wage deposited regularly in a savings account will soon braj
you up to the average, and you will be surprised how rapidly $2 deposited
weekly will amount to enough to make a substantial payment on your
home.
CM1T*L AND SURPLUS. SC,niMt       TOTAL ASSETS, SSMM*
THE TRADERS RANK
B. C. SEAMAN, Manager
Math fort OtOtt•
THE BANK OF VANCOUVER
Read Offlcci
VANCOUVER. B. C.
CAPITAL AUTHORIZED    >    •    M.OOO.000
DIRECTORS:
R. P. McLENNAN Eiq., President,
McLennan, McFeely & Co. Wholesale Hardware,  Vuncouver, B.  C.
L. W. SHATFORD Esq., M. L. A.
Vice-Pres. Merchant, Bedley, B. C.
HIS HONOR T. W. PATERSON. Lleu-
teiinnt-Govcrnor British Columbia.
M.   H.   CARLIN.
CnnHnltst, Victoria. B.C.
A. ISTEL E»q.
C. S.  DOUGLAS Esq.
Robert Kennedy,   New Westmln-
•*•'• . „.
J*  A.  MITCHELL,    Esq*.   Capital*".
Victoria, B. 0. .
E. H. HEAPS, Esq., E. H. Heaps •
Co..  Lumber and Timber;  Pf<"ld™<
Columbia Trust  Co..  Ltd.,   Vsneou*
ver, B. C.
J. A.  HARVEV, Esq..  K.C. loriwrlf
ol Cranbrook.  B.C.. Vanoouver, »••*•
A. L. DEWAR. General ManM"*
GENERAL BANKING BUSINE8S TRANSACTED
FORT GEORGE BRANCH-F. LIPSCOMB, Manager.       _
FARM LANDS IN CENTRAL
BRITISH COLUMBIA^
Fort George
District.
Nechaco Valley
Bulkley Valley
Skeena Valley
In every case our
lands were carefully inspected by
expert cruisersbe-
fore we purchased
THE GRAND TRUNK PACIFIC RAILWAY will make all these districts
accessible to all the world. Every rail laid adbs
to the value of the land
North Coast Land Co. Ltd.
General Office.: 619 to 634 Metropolitan Bldg., VaBCOBMr,B-c
•London Oflice t   6 Old Jewry.
PAID-UP CAPITAL, I        T      . fl.SOO.000.

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