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RETURN To an Order of the House for a Return of all correspondence between the Government and any person… British Columbia. Legislative Assembly 1897

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 60 Vict. Re Application to Purchase Lot 816, Kootenay. 945
RETURN
To an Order of the House for a Return of all correspondence between the Government and any person or persons in relation to the acquisition of land in connection
with the Loudoun and Blue Jay mineral claims, in Slocan, as a Crown Grant.
GEO. B. MARTIN,
Chief Commissioner of Lands and Works.
Lands and Works Department,
Wth April, 1897.
Victoria, B. O, March 11th, 1897.
The Hon. Chief Commissioner of Lands and Works, Victoria, B. C.:
Dear Sir,—I beg herewith to enclose the application of F. M. O'Brien for the purchase
of Lot 816, Group 1, Kootenay, together with the field-notes (in duplicate) and a map of the
land applied for. Yours truly,
'C. W. McAnn,
for F.  M.  O'Brien.
District op Kootenay, British Columbia, March 11th, 1897.
To the Commissioner of Lands and Works, Victoria, B. C:
Sir,—I have the honour to inform you that I desire to purchase, under clause 12 of the
"Land Act Amendment Act, 1896," acres of unsurveyed, unoccupied, and unreserved
Crown land, situate in the District of Kootenay, in conformity with the notice published in
the British Columbia Gazette, dated December 11th, 1897, and in the Kootenain newspaper,
dated December 11th, 1897, and as indicated by the sketch plan which is drawn on the back
of this application.
I enclose herewith $15.00, being a deposit of 25 per cent, of the purchase money on the
land desired.
I have employed Mr. C. A. Stoess, P.L.S., to survey the same.
I have, etc.,
F.  M. O'Brien,
per C. W.  McAnn.
Province or British Columbia, )
County of Kootenay, V
To wit: j
In the the matter of the " Land Act," and amending Acts, and in the matter of an application
to purchase Lot 816, Group 1, in the District of West Kootenay, in the Province of
British Columbia.
I, Frank Meahan O'Brien, of the City of Kaslo in the District of West Kootenay, in the
Province of British Columbia, Agent, do solemnly declare :—
1. That I have made application for the purchase of the above described land.
2. That I gave two months' notice of my intended application to purchase the said land
by a notice inserted at my expense in the British Columbia Gazette, and in The Kootenain, a
weekly newspaper published at Kaslo aforesaid, and circulating in the district wherein such
land lies; that such notice included an area of one hundred and sixty acres, and stated my
name as applicant, and the locality, boundaries, and extent of the land applied for; that such
notice was dated December 11th, 1896, and was posted in a conspicuous place on the land
sought to be acquired, and on the Government Office, at Nelson, in said district, being the
proper office in that behalf; that a copy of said notice is hereto annexed and marked Exhibit "A.' 946 Re Application to Purchase Lot 816, Kootenay. 1897
3. That I placed at the south-west angle or corner of the said land applied for, a stake or
post known as the initial post, which was at least four inches square and which stood not less
than four feet above the surface of the ground, and upon such initial post I inscribed my name
and the angle represented thereby, thus, "Frank M. O'Brien's S.W. Corner Initial Post, Dec.
11th, 1896;" that such initial post was so planted and marked before the above notice was
given.
And I make this solemn declaration concientiously believing it to be true, and knowing
that it is of the same force and effect as if made under oath and by virtue of " The Canada
Evidence Act, 1893."
Declared before me at Kaslo, in the District of West Kootenay, in the Province of British Columbia, this 8th day of March, V  Frank M.  O'Brien.
A.D. 1897.
R. F. Green,
Justice of the Peace in and for Kootenay, B. C.
Notice is hereby given that two (2) months after date I, Frank M. O'Brien, intend to
make application to the Chief Commissioner of Lands and Works for permission to purchase
one hundred and sixty (160) acres of unreserved Crown land, situate on the South Fork of
Carpenter Creek, near its confluence with Sandon Creek, about one mile below the Town of
Cody, in the Slocan Mining Division of West Kootenay District, and commencing at a stake
placed at the south-west corner; thence north 40 chains ; then east 40 chains ; thence south
40 chains; thence west 40 chains to place of beginning.
Dated December 11th, A. D. 1896.
de24 Frank M. O'Brien.
In the matter of the "Land Act" and amending Acts, and in the matter of Lot 816,
Group 1, West Kootenay.
This is Exhibit "A" referred to in the declaration of Frank Meahan O'Brien, declared
before me this Sth day of March, A. D. 1897.
R. F. Green,
Justice of the Peace in and for Kootenay, B.C.
I, Frank M. O'Brien, of Kaslo, B.C., hereby respectfully make application to purchase
that certain piece or parcel of land and premises known as and called Lot 816, Group 1, situate
in the Slocan Mining Division of West Kootenay District, British Columbia, and particularly
designated and described as follows:—
"Starting from the initial post, being S.W. corner of Lot 618, G. 1, situated on the south
slope of Carpenter Creek, near the Forks of Carpenter and Sandon Creeks, and about 1,200
feet S. of said creek; thence due E. 1,606.8 feet; thence N. 47° 27', E. 532.8 feet to the N.E.
corner of Lot 482, G. 1 ; thence, according to the official survey of Lot 482, G. 1, N. 42° 33',
W. 375.3 feet; thence, according to the official survey of Lot 727, G. 1, N. 18° 12', E. 270
feet, to the S.E. corner of Lot 727, G. 1; thence S. 18° 12', W. 1,304.7 feet, according to the
official survey of Lot 727, G. 1, to the intersection of the west boundaries of Lots 727 and 816,
said intersection being 195.3 feet from the S.W. corner of Lot 727, G. 1; thence due S. 186.6
to the point of commencement, and containing 44 acres, more or less, and as the same is shown
coloured red on the annexed map or plan of said land."
I also respectfully beg to tender and deposit the sum of fifteen dollars, as twenty-five per
cent, of the purchase money for said land, as classified by a duly authorised Provincial Land
Surveyor.
Dated at Kaslo, British Columbia, this eight day of March, A. D. 1897.
Your obedient servant,
Frank M. O'Brien.
To the Honourable the Chief Commissioner of
Lands and Works for British Columbia. 60 Vict. Re Application to Purchase Lot 816, Kootenay. 947
Victoria, B.C., March 12th, 1897.
Sir,—I have the honour to acknowledge the receipt of your letter of the 11th inst., enclosing the application of F. M. O'Brien for the purchase of Lot 816, Group 1, Kootenay District,
together with duplicate field-notes and map of land.
In reply I regret to say that the application cannot be entertained, as the land desired by
your client is situated within and forms a portion of the area embraced by a reserve established
on the 13th April, 1893.
I may also add that the application overlaps mineral claims for which Crown grants have
been issued.
Herewith I return the $15.00 which was enclosed with your letter.
I have, etc.,
W. S. Gore,
Deputy Commissioner of L. and W.
C. W. McAnn, Esq., Barrister, Kaslo, B.C.
Victoria, B.C., March 18tn, 1897.
Hon. G. B. Martin, Com. T^ands and Works, Victoria, B. C.:
Dear Sir,—Re the application of Mr. F. M. O'Brien to purchase Lot 816, Group 1, Kootenay District.
Mr. C. W. McAnn, of Kaslo, instructs me that as solicitor for Mr. O'Brien in this matter
he is in receipt of a letter from W. S. Gore, Esq., refusing to grant the said application on the
ground that the land applied for overlaps ground now held by Crown grants of mineral claims—
also that it is within the area reserved by Order in Council of  April 13th, 1893, still existing.
Now Mr. O'Brien's position is that of a bona fide applicant for purchase, and at the time
he made the application he knew of the mineral claim Crown grants—but with reference to
these grants he charges the fact to be that they were obtained by misrepresentations on the
part of the grantees, they never having found mineral-bearing rock in place covered by said
grants. This he offers to verify and substantiate to your Department, or to a commission constituted and nominated by you or the Government in that behalf, by the evidence of at least
seven or eight responsible and reputable witnesses. The fact, moreover, is that the grantees of
the said mineral claims, by virtue of their mineral holdings or title, are using the surface thereof
for purely speculative and townsite purposes, and are reaping a very large income by way of
rents and selling building lots, and in this respect are prima facie evading the land laws of
the Province, and turning to account their grants in a way never intended by the Crown or
Legislature.
The said mineral grantees have actually had surveys made, and maps and plans filed in
the Land Registry office here, of the said mineral claims for townsite purposes, and instituted
several actions of ejectment against persons peaceably on said land because they refuse to pay
ground rent.
The ground applied for is certainly very valuable for townsite purposes, and under Mr.
O'Brien's application the Government would still be entitled to every fourth lot, and would
thereby realise a very considerable sum of money which is now being collected by and paid to
the mineral claim grantees.
I submit, therefore, that the mineral claim holders have by these evasions of the land laws
put themselves beyond the right to ask at this hour any concessions from the Government by
way of perfecting their title to the surface rights of said claims for townsite purposes, while on
the other hand Mr. O'Brien comes regularly and in good faith as a purchaser, and in so doing-
discloses to the Government the irregularity and fraud of said mineral claim holders, and thus
puts the Government in the position that taking the statutory reservation of every fourth lot
they thereby realise a handsome sum, which without Mr. O'Brien's assistance was going to
undeserving persons.
I am instructed to act as Mr. O'Brien's solicitor in Victoria, and would ask that any communication on the subject be directed to me.
Respectfully requesting an investigation of the right of Mr. O'Brien to purchase the said
land, I have, etc.,
Robert Cassidy. 948 Re Application to Purchase Lot 816, Kootenay. 1897
Victoria, P. O. Box 425, 24th February, 1897.
Sir,—The application referred to in the enclosed notice posted near Sandon by F. M.
O'Brien includes two Crown granted claims—the " Blue Jay " and " Loudoun," also portions
of other mineral claims, and of the lands, stations and works of two railway companies,
together with a town of 1,500 to 2,000 inhabitants, and several hundred thousand dollars
worth of improvements.
I am, etc.,
G.   M. Sproat,
Owner of one half of the " Loudoun."
The Deputy Commissioner of L. and IE,  Victoria.
Copy op Notice posted in Waiting Room, K. & S. Railroad.
No other notice known op around the Town.
Notice is hereby given that (2) two months after date, I, Frank M. O'Brien, intend to
make application to the Chief Commissioner of Lands and Works, for permission to purchase
one hundred and (160) sixty acres of unreserved Crown lands, situate on the South Fork of
Carpenter Creek, near its confluence with Sandon Creek, about one mile below the Town of
Cody, in the Slocan Mining Division, West Kootenay District, and commencing at a stake
placed at the south-west corner; thence north 40 chains; thence east 40 chains; thence
south 40 chains; thence west 40 chains, to place of beginning.
Dated December 11th, A.D. 1896.
Frank M. O'Brien.
Initial   Post.
Frank M. O'Brien's
S.W. Corner.
December 11th,  1896.
The above an exact copy of post.
S.W. Post, Loudoun.
S.W. corner, Loudoun.
75 ft.
O
a
O'Brien's Post you will notice from sketch lies inside the " Loudoun" near the south-west
corner.
Victoria, B. C, March 1st, 1897.
Sir,—I have the honour to acknowledge the receipt of your letter of the 24th ultimo,
and in reply beg to say that the lands applied for by Mr. F. M. O'Brien, near Sandon, are not
open to purchase. Apart from it overlapping previously granted and recorded mineral claims
it comes within the boundaries of the Kaslo and Slocan Railway Reserve.
You should send a copy of your protest to the Government Agent at Nelson.
I have, etc.,
W. S. Gore,
Deputy Commissioner of Lands and Works.
G. M. Sproat, Esq., Victoria, B. C.
VICTORIA, B. C :
Printed by Richard Wolfenden, Printer to the Queen' Most Excellent Majesty.
1897.

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