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RETURN To an Order of the House for a Return of all correspondence between the Department of Lands and… British Columbia. Legislative Assembly 1887

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 50 Vic. Correspondence—Philip Kelly's Pre-emption. 423
RETURN
To an Order of the House for a Return of all correspondence between the Department
of Lands and Works and any officer of the Government, or any other person,
having reference to a piece of land on the north side of Burrard Inlet, and
described as lying to the north of Lot 204, Group 1, New Westminster District.
JNO. ROBSON,
Provincial Secretary
Provincial Secretary's Office,
15th March, 1887.
Mr.  W. N. Bole to the Chief Commissioner of Lands and Works.
New Westminster, B. C,
18th February, 1887.
Sir,— I beg to call your attention to a most extraordinary circumstance which occured,
as I am informed by Mr. Kelly, m the Land Office here, to-day. Mr. Philip Kelly, a client of
mine, who has pre-empted a piece of land on Burrard Inlet, north of Lot 204, Group 1, New
Westminster District, inadvertently placed on the counter of the office a document, referring
to said land, signed by one Stalker, and which Mr. Kelly had no intention of parting with, or
using. Mr. Warwick's name appeared in the document, and that gentleman seeing the document took it up, and insisted on keeping it, notwithstanding Mr. Kelly's formal demand for
the return thereof; Mr. Warwick further remarking " that" (referring to the document in
question) " will be sufficient to prove Henderson's claim." Mr. Kelly is, as you are already
aware, the bond, fide pre-emptor of the land in question, while Mr. Henderson is but a
speculative purchaser, representing, probably, much bigger individuals in a convenient background. May I trust that you, officially, entertain as strong a repugnance to speculative
land purchasers as Mr. Robson, on behalf of himself and his colleagues from his place in the
House, when discussing the Jaques' claim, as if that gentleman, which I doubt, honestly meant
what he said, his Government has now an opportunity of proving their sincerity, and preferring
the claim of the bond, fide settler to the speculative purchaser. I am, therefore, to request that
you will direct Mr. Warwick forthwith to return to me, on behalf of Mr. Kelly, the document
above referred to. Your refusal to do so I must deem conclusive evidence that your Government are siding with Mr. Henderson against Mr. Kelly, who is determined, however, to
exhaust every legal remedy before he surrenders his just rights. May I venture the hope that
in expecting an answer of some kind to this letter, that I am not imposing too severe a strain
on your official courtesy.
I am, &c,
(Signed)        W. Norman Bole.
7'Ae Surveyor-General to the Government Agent, New Westminster.
Victoria, B. C, February 21st, 1887.
Sir,—Mr. Philip Kelly complains that you have retained a document of his in connection
with a pre-emption he desires on Burrard Inlet. Will you be good enough to report the
particulars of the easel
I have, &c,
(Signed)        W. S. Gore,
Surveyor-General. 424 Correspondence—Philip Kelly's Pre-emption. 1887
The Government Agent, New   Westminster, to the Surveyor-General.
New Westminster, B. C, February 23rd, 1887.
Sir,—In reply to your letter of 21st inst., I beg to report the following particulars, viz.:
On the forenoon of Monday, the 14th February inst., application was made by Mr. J. B.
Henderson for the pre-emption of 160 acres of land on the north shore of Burrard Inlet.
By the afternoon mail of same day I received another application for the same piece of
land from Mr. Hugh Stalker, of Moodyville.
On Friday, the 18th inst., I received still another application for the same piece of land
from Mr. Philip Kelly in person. I, as a matter of course, informed Mr. Kelly that there
were already two applications in for the land in question, and that his application could not be
granted.
At this Mr. Kelly became quite hostile, and gave me to understand that the land was
his, inasmuch as he had been occupying and improving it for the last six months, and that he
was going to have it at all hazards. He then drew from his pocket and handed me the
enclosed letter from Mr. Stalker.
I then remarked that that would end the dispute between Henderson and Stalker, and
make the way clear for Henderson.
Mr. Kelly then picked up the letter and was about leaving the office when I objected to
his carrying the letter off with him, claiming that the document belonged to the office. He,
for a time, refused to give it up, but finally concluded to leave it.
At this point I informed Mr. Kelly that I felt confident the matter could be arranged
with Mr. Henderson, and that I would see Mr. Henderson on his (Kelly's) behalf when he
returned to town on Saturday or Monday. Mr. Kelly then left the office apparently quite
satisfied.
In a short time Mr. Kelly returned to the office, accompanied by one of Mr. Bole's clerks,
and again made an effort to take the letter in question away, and I again objected. Mr. Bole's
clerk then took a copy of the letter and both departed.
On the following day (Saturday) I saw Mr. Henderson, which resulted in that gentleman
withdrawing his claim in favour of Kelly.
The dispute as to the land is, therefore, settled to the satisfaction of all parties, and a
record for the land in question has been issued to Mr. Kelly.
As to whom the document in dispute belongs you will be able to decide.
I have, &c,
(Signed)        C. Warwick,
Government   Agent.
[Enclosure.]
Moodyville, Burrard Inlet, B. O,
February, 7th, 1887.
Mr. C.  Warwick,
Government Agent, New   Westminster:
My Dear Sir,—I beg leave to notify you that T have abandoned all rights to that lot of
land being directly N. of lot 204, and discribed as follows :— (I was not aware that Philip
Kelly had made permanent improvements thereon.)
Commencing at the N. W. corner of lot 204, group 1 ; thence N. 25 chains ; thence E. 20
chains ; thence N. 40 chains ; thence E. about 14 chains ; thence S. about 65 chains ; thence
W. about 34 chains to point of commencement.
Witnesses : (Signed)        Hugh Stalker.
W. H. Mackie,
Stanley James. 50 Vic Correspondence—Philip Kelly s Pre-emption. 425
Mr.   Warwick to the Surveyor-General.
New  Westminster, February 23rd, 1887.
Dear Sir,—The whole trouble in connection with the land applied for by Philip Kelly
and others originated in Mr  Bole's office.
^It appears Kelly left instructions with Mr. Bole some months ago to file his application
when the land in question came into market, that is, on the expiration of the timber lease within
which the land was situate.
Previous to the land coming into market Mr. Kelly had occasion to go up the coast, and
on his return, about the 17th inst., found that his instructions had not received any attention.
Hence the trouble.
Yours, truly,
(Signed)        C. Warwick.
The Chief Commissioner of Lands and   Works to Mr.   II'. N. Bole,
Victoria, B. C, March 5th, 1887.
Sir, —-Your letter of the 18th ultimo was duly received, but I delayed answering it until
the Government Agent complained against could have an opportunity of reporting upon the
alleged facts.
Having received the report of that officer, I find that the occurrence to which you aro
pleased to allude as ' a most extraordinary circumstance " consisted simply in Mr. Warwick's
most commendable determination to retain possession of a letter which, though addressed to
himself, was not his personal property, but belonged to the archives of the office of which he is
in charge.
I also find that Mr. Warwick showed very proper courtesy in allowing your clerk to take
a copy of the letter in question in the interest of your client, Mr. Kelly ; but it seems to have
been convenient to you to omit mention of that circumstance when preferring your complaint.
In "view of the fact that Mr. Warwick did nothing more than his duty in retaining
possession of the letter in question, that he went beyond the requirements of official duty and
succeeded in arranging the matter in the interest of your client, I can only characterise the
charge brought by you against that officer as frivolous, if not something worse.
It is more difficult to find words in which to convey adequate censure of the tone of
discourtesy—perhaps insolence would be the more appropriate expression-—which pervades your
letter ; and this appears all the more inexcusable in the light of Mr. Warwick's explanatory
note, to the effect that Mr. Kelly's troubles were the result of your own professional laches in
not having attended to his instructions at the proper time.
This is not the first time I have received a letter from you of a character undeserving of
reply ; and I have to request that in any future correspondence with this Department you will
endeavour, as far as may be in your power, to observe those rules of politeness common among
gentlemen.
I have, (fee,
(Signed)        Wm. Smithe,
Chief Commissioner of Lands and   Works

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