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BC Sessional Papers

CORRESPONDENCE On the subject of the disallowance of "An Act to amend and consolidate the laws relating… British Columbia. Legislative Assembly 1884

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 434 Disallowance of Gold Mining Act, 1882. 1884
On the subject of the disallowance of " An Act to amend and consolidate tbe laws
relating to gold and other minerals, excepting coal," passed during the Session
of 1882.
By Command.
Jno. Robson,
Provincial Secretary.
Provincial Secretary's Office,
mth May, 1884-
The Honourable the Secretary of State for Canada to His Honour the Lieutenant. Governor.
Ottawa, 30th April, 1884.
Sir,—I have the honour to acquaint you, for the information of your Government, that
His Excellency the Governor-General has had uncbr consideration in Council your despatch of
the 30th November, 1883, transmitting an approved Minute of the Executive Council of
British Columbia on the disallowance of "An Act to amend and consolidate the laws relating
to gold and other minerals, excepting coal," passed by the Legislature of British Columbia on
the 21st April, 1882.
I am now to observe that, after questioning the propriety of the disallowance of the said
Act, a matter which need not now be further discussed, the Committee of your Executive
Council express- —
1. Their desire that the County Court Judges provided for by the "County Court Act,
1883," be appointed, in order that the Mining Courts may be merged in the County Courts, and
2. Their opinion that, consistently with the claim on the part of the Government of
Canada to appoint Gold Commissioners who preside in Mining Courts, the latter Government
should pay the Commissioners, the present number of such Commissioners being stated to be
With "respect to the request for the appointment of County Court Judges, it is not necessary that I should do more than call attention to the arrangement made last year with your
Government, among other matters, to the Judiciary of that Province, which arrangement
was accepted as a settlement of all matters in difference.
With respect to the contention that this Government should pay the Gold Commissioners,
I may observe that the Dominion Government have never claimed to appoint the Gold Commissioners, and the Dominion Government have not clone more than object to the legislation
conferring upon the Gold Commissioners appointed by the Lieutenant-Governor in Council
powers which, under the constitution, can only'be exercised by Judges appointed by the
Governor-General in Council.    I have, &c.,
(Signed)        J. A. Chapleau,
Secretary of State.


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