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RETURN To an Order of the House, showing all correspondence between the Government, citizens of Nelson,… British Columbia. Legislative Assembly 1896

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 59 Vict. Town Lots granted to C. P. R. Co. at Nelson. 1019
RETURN
To an Order of the House, showing all correspondence between the Government,
citizens of Nelson, and the C. P. R. Co., re town lots granted to the C. P. R. Co. in
the Town of Nelson, the number of lots as they appear upon townsite map, and
upon what conditions such lots were granted to said Company.
G. B. MARTIN,
Chief Commissioner of Lands and Works.
Lands and Works Department,
10th April, 1896.
At Victoria,
12th July, 1890.
Sir,—I have the honour to inform you that, on his recent visit to the Kootenay District,
Mr. Van Home was unable to come to any final decision as to the terminus of the Columbia
and Kootenay Railway, owing partly to uncertainty as to whether connection will ultimately
be made with it from Revelstoke or through the Crow's Nest Pass, and partly to the fact that
he was desirous, if possible, of complying with any hopes that may have been raised by the
action of your Government in regard to the Townsite of Nelson being fixed upon as the
terminus of the railway.
The point which the President regarded as the most favourable to the Railway Company was a level piece of ground at a point on the north side of the Kootenay River, about
two and a half miles above the Great Falls. This point is in every way suitable for a
terminus, and connection could conveniently be made with the navigable water above the
rapid formed by this flat, and the line would cost very much less than the extension to
Nelson.
In view, however, of the fact that it has always been understood that Nelson would
ultimately be the terminus of the railway, and that the Government have sold a large number
of lots at that point under that supposition, your Government would no doubt desire that
there should be no disappointment on the part of those who have purchased lots on that
understanding, but the expensive character of the road from the Falls to Nelson, and the
uncertainty still existing as to there being any paying mines in the Kootenay District, owing
to the small amount of mining development that has taken place, all tend to induce the Company to hesitate about spending any more money on the enterprise at the present than is
absolutely necessary in order to comply with the terms of their contract with the Government;
and, as the additional cost involved in extending the road across the Kootenay River to
Nelson amounts to something like $75,000, the Company are naturally very unwilling to
undertake to make this extension unless they can see some immediate prospect of a return for
this large additional expenditure.
I have the honour, therefore, to make the following proposition to your Government,
namely: That in consideration of the Company making temporary terminus above the
Grohman Flats on the south side of the river, which would comply with the terms of the
contract, with the intention of ultimately extending the track to Nelson, the Government
shall grant to the Company the remainder of the Block reserved for the Nelson Townsite, and
known as Block No. 95.
It would be desirable also to have it understood that, in the event of the Government
complying with this condition, the Company should have an extension of time of three months
(in the event of its being required) for the completion of the bridge across the falls. This
application is based on the fact that the season is an unusually wet one, and the probabilities
now are that the waters of the Kootenay River will keep up to such a height as will render
the building of this bridge before the 31st December a much more expensive work than if
postponed until the winter, when the water reaches its lowest point. 1020 Town Lots granted to C. P. R. Co. at Nelson. 1896
In this connection I venture to call your attention to the fact that the postponement of
the completion of the bridge, if it should be required, will really not affect seriously the
convenience of the public, inasmuch as we are not bound to have the road completed before
the 31st December, after which date the rivers will be frozen, and no traffic over the road will
be practicable or serve any useful purpose.
I have, &c,
(Signed)        H. Abbott,
The Hon. John Robson,
Provincial Secretary, <&c,  Victoria, B.C.
President.
Victoria, B.C., 15th July, 1890.
Re Columbia and Kootenay Railway.
Sir,—Your letter of the 12th instant was duly received and considered by the Executive,
and I am to acquaint you with the following conclusions :—
1st. In consideration of carrying the railway to the Townsite of Nelson, the Government
will grant to your Company, in alternative blocks, one-half of the unsold portion of the reserve,
and will seek the necessary legislation for that purpose.
2nd. For the reasons stated, the extension of time for the construction of the bridge
across the falls will, if required, be given.
3rd. I am also to inform you that it is the opinion of the Attorney-General that the four-
mile blocks of land your Company are entitled to take must, according to the wording of the
Act, be entirely composed of unalienated lands.
Inasmuch as this interpretation may involve great hardship to your Company not contemplated by either contracting party, the Government will be willing, if desired, to seek the
necessary legislation to overcome the difficulty.
I have, &c,
(Signed)        Jno. Robson,
Provincial Secretary.
II. Abbott, J.P.,
President C. & K. Ry. & Navigation Co.
At Victoria,
25th July, 1890.
Sir,—I have the honour to refer again to your favour of the 15th instant, with a view to
a final understanding regarding the concessions to be made to this Company in the event of
their extending their line to Nelson City.
In order that the work (on whichever line may be decided upon) may be proceeded with
without further delay, I respectfully submit the following as a proposition, which I trust may
be acceptable to your Government, viz.:—The Government to grant, free, to the Railway
Company a sufficient amount of ground for a terminal yard, shops, sidings, etc., together with
the frontage and foreshore west of where the line of Hall Street would strike if extended to
lake shore, with right of way from that point to the eastern boundary of the Government
reserve.
Second. The Government to donate to the Company one-half of the whole of the balance
of the reserve, that is to say : That the Government will donate to the Company (1st) the
ground for yard; (2nd) an area equal to that already sold adjacent to it and between it and
the lake shore, and divide the balance equally between the Government and the Company by
donating alternative blocks to the latter, it being understood that each contributes equally
any land required for public purposes.
Third. The Government to introduce the legislation referred to in your letter of the 15th
instant. 59 Vict. Town Lots granted to C. P. R. Co. at Nelson. 1021
In view of the undeveloped condition of the mines, the strong probability that a road
may have to be built from the falls upon the north side to connect with a road from Revelstoke
via the Lardeau River, the large advantage to the Government caused by the road being
extended to Nelson, and the great extra cost to the Company as against its extension to the
Grohman Flats on the north side, it is to be hoped the Government will grant the concessions
now asked for.
I have, &e,
(Signed)        H. Abbott,
President.
The Hon. John Robson,
Provincial Secretary, &c, Victoria, B.C.
Victoria, 29th July, 1890.
Sir,—Yours of the 25th instant re the Nelson Townsite having been considered by the
Executive, I am to acquaint you that the proposition therein made has been agreed to, subject,
however, to the following qualifications :—
1. The right of way eastward from where Hall Street, if extended, would touch the shore
is not to interfere with free access to the water.
2. In donating the sixteen acres to your Company, the Government do not necessarily
agree that the whole of it shall be located between that portion already sold and the water.
3. The expense of completing the survey and making maps of the townsite shall be
equally borne by your Company and the Government.
4. The Government shall have a potent voice in determining the location and area of
what may be required for terminal purposes, subject, of course, to the general condition
mentioned in your letter.
I have, (fee,
(Signed)        Jno. Robson,
Provincial Secretary.
H Abbott, Esq.,
President Columbia and Kootenay Railway and Navigation Co.
Vancouver, 30th March, 1891.
Sir,—Referring to your favour of the 29th July, 1890, in which you state that the Government should have some voice in determining the location and area of what may be required
for terminal purposes, I beg to hand you herewith a tracing of the land proposed to be taken
at Nelson for these purposes, with the right of way across the Government plot.
It is also proposed to ask for the foreshore rights as far east as Hall Street, in accordance
with the understanding arrived at in this connection.
Trusting this will be satisfactory to your Government,
I have, &e,
(Signed)        H. Abbott,
President.
The Hon. John Robson,
Premier, &c, &c, Victoria, B.C.
Victoria, 11th April, 1891.
Sir,—I have the honour to acknowledge receipt of your favour of the 30th ultimo,
enclosing a plan of the land proposed to be taken by the Columbia and Kootenay Railway
Company at Nelson for terminal purposes.
The matter having been considered by the Executive, I am to inform you that this
Government approves of the location and area of the land shown on that plan as required for 1022        Town Lots granted to C. P. R. Co. at Nelson.       1896
terminal purposes, excepting that the foreshore rights should terminate at Ward Street instead
of Hall Street, it being understood that free access to the water across the right of way shall
be given to the city on all streets, including and east of Ward Street.
I am, &c,
(Signed)        Jno. Robson,
Provincial Secretary.
H. Abbott, Esq.,
President. Columbia and Kootenay Railway and Navigation Co.,
Vancouver.
Vancouver, B.C., 12th December, 1891.
Sir,—I have the honour  to make application for a patent for the right of way through
the Nelson Townsite, as shown on the plan of that townsite recently surveyed and adopted.
I have, &c,
(Signed)        H. Abbott,
President.
The Hon. Forbes G. Vernon,
Chief Commissioner of Lands and Works,
Victoria, B.C.
Victoria, B. C,
December 16 th, 1891.
Sir,—I have the honour to acknowledge the receipt of your letter of the 12th inst.,
making application for a patent for the right of way through the Nelson Townsite.
In reply, I beg to say that by the provisions of section 9 of the British Columbia Act it
appears that lands for right of way purposes are secured to the Railway Company by obtaining consent of the Lieutenant-Governor in Council.
If it meets with your approval, I will recommend my colleagues to consent to a right of
way being secured to your Company along the line of railway between Robson and Nelson.
I have, (fee,
(Signed)        F. G. Vernon,
Chief Commissioner of Lands and Works.
II. Abbott, Esq.,
President Columbia and Kootenay Railway,
Vancouver, B.C.
At Montreal,
28th December, 1891.
Sir,—I have the honour to acknowledge receipt of your favour of the 16th instant, and
beg respectfully to point out that inasmuch as the right of way varies in width somewhat,
according to the height of the cuttings or embankments, I assume it will be necessary to
furnish your Department with a plan showing precisely what land is required for the railway,
and I will at once have such a plan prepared, and will forward it to you for your approval
and for such further action as you deem necessary.
I have, &e,
(Signed)        H. Abbott,
President
The Hon. Forbes G. Vernon,
Chief Commissioner of Lands and Works,
Victoria, B.C. 59 Vict. Town Lots granted to C. P. R. Co. at Nelson. 1023
On Thompson Section,
28th July, 1893.
Sir,—I have the honour to send you herewith a plan of the Town of Nelson, coloured
red, showing the station grounds and right of way of this Company, as already considered by
the Executive (see copy annexed of the late Provincial Secretary's letter of the 11th April,
1891).
I also have the honour to enclose you copies of the correspondence between your Government and myself on this subject.
I have, further, the honour to request that a Crown grant may be issued in favour of
this Company for the station ground and right of way, as shown on the enclosed plan, as soon
as convenient.
I have, &e,
(Signed)        H. Abbott,
President.
Hon. Forbes G.  Vernon,
Chief Commissioner of Lands and Works,
Victoria, B.C.
Vancouver, B.C., Oct. 9th, 1894.
Sir,—I have the honour to enclose you, under separate cover, a map of the Government
subdivision of the Town of Nelson, with orange colouring on that portion which has been
reserved for purposes of this railway. The area of this right of way and station ground has,
as you are aware, been already agreed upon by the Government.
I will be glad if you will cause a Crown grant to be prepared of this property in favour
of this Company, and send it to me at your early convenience.
I do not suppose any written description of  the  lands deeded  will  be necessary, as you
will no doubt follow  the precedent  laid  down  in  issuing  Crown grant  No. f-i, dated 23rd
March, 1892, which was for the blocks and lots coloured red on this map.
I send you an extra copy of this map for your own file.
I have, (fee,
(Signed)        H. Abbott,
President.
Hon. F. G.  Vernon,
Chief Commissioner of Lands and Works,
Victoria, B.C.
Victoria, B. C, October 17th, 1894.
Sir,—I have the honour to acknowledge the receipt of your letter of the 9th inst., together
with maps of the Town of Nelson having the portion desired by your Company for right of
way and terminal purposes coloured orange, and making application for a Crown grant of the
said lands.
Your request will receive prompt attention from this Department.
I have, &c,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
II. Abbott, Esq.,
President, C. P. R.,
Vancouver, B. C. 1024 Town Lots granted to C. P. R. Co. at Nelson. 1896
Victoria, B. C, November 9th, 1894.
Sir,—The Honourable the Premier has had under consideration your communication of
9th ultimo, in which you request that a Crown grant be issued in favour of the Columbia and
Kootenay Railway Company of certain right of way and station grounds at Nelson, and
desires me to inform you that he is under the impression that the grant agreed to be given to
your Company for the above purposes did not extend further east than the west side of Ward
Street.
Will you kindly inform me upon what grounds you base your claim to right of way east
of Ward Street ?
I have, &c,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
H. Abbott, Esq.,
President, G. & K. Ry. Co.,
Vancouver, B. C.
Vancouver, B. C, 14th November, 1894.
Sir,—I have the honour to acknowledge receipt of your favour of the 9th instant,
regarding the Crown grant for certain right of way and station grounds at Nelson.
I beg respectfully to point out that the Premier is under a wrong impression with regard
to the ground agreed to be given by the Government to this Company for the above purposes,
and in order to have a proper understanding in the matter I venture to submit herewith copies
of the following correspondence, namely :—
Letter from Provincial Secretary of 15th July, 1890.
My reply to same, dated 25th July, 1890.
Letter from Provincial Secretary of 29th July, 1890.
My reply to same of 30th March, 1891 ; also plan referred to.
Letter from Provincial Secretary 11th April, 1891.
Letter from me to Hon. F. G. Vernon of 30th July, 1891.
It will be gathered from this correspondence that the Government granted this Company
free right of way across the whole of the front of the Townsite of Nelson, but the foreshore
rights were limited to the portion of the front of the townsite wrest of Ward Street, it being
understood that free access to the water across the right of way shall be given to the City on
all streets including and east of Ward Street to the eastern boundary of the townsite.
I beg respectfully to submit that the evidence that I furnish herewith of the agreement
by the Government to grant to this Company the foreshore and right of way claimed is conclusive, and I have therefore the honour to request that a Crown grant may be issued for
this right of way without further delay.
I have, &e.,
(Signed)        H. Abbott,
President.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Note.—Nine hundred and forty lots in the Town of Nelson were granted to the Company under the provisions of the " Columbia and Kootenay Railway Act Amendment Act,
1891."
victoria, b. C. :
Printed by Richard Wolfendbn, Printer to the Queen's Most Excellent Majesty.
1896.

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