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RETURN To an Order of the House for a Return of all applications for coal lands at Rock Creek and White… British Columbia. Legislative Assembly 1897

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 60 Vict. Re Applications for Coal Lands, East Yale. 865
RETURN
To an Order of the House for a Return of all applications for coal lands at Rock
Creek and White Lake, East Yale, and also of all correspondence relating thereto.
GEO. B. MARTIN,
Chief Commissioner of Lands and  Works.
ImivIs and   Works Department,
15th March., 1897.
Vernon, B.C., January  15th,   1896.
11.  B. John, Esq.,
Chief Clerk, of the L. and W. Department, Victoria, B.C.:
Sir,—I have the honour to request that you will he good enough to furnish this office
with a sketch plan of land held under lease at Rock Creek for the purposes of prospecting for
coal.     In particular that now held by James McConnell.
I have, etc.,
Leonard Norris,
Government Agent.
Victoria, B.C., January 21st, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 15th instant,
asking for a sketch plan of lands held under lease at Rock Creek for the purpose of prospecting
for coal.
Enclosed I send you a tracing- shewing the land leased to James McConnell in the vicinity
and for the purpose referred to.
I have, etc.,
B.  H. John,
Chief Clerk.
L.  Norris, Esq.,
Government Agent,  Vernon, B. G.
Vernon, B. C, May 2nd, 1896.
W S. Gore, Esq.,
Deputy Commissioner of L. and IF., Victoria, B C:
Sir,—I have the honour to enclose the following documents in support of  an application
for a licence to prospect for coal in favour of Mr. W. T. Thompson, of Midway.
Notice posted on Government Office.
ii       published in local paper.
Description of land.
Sketch plan of same.
Cheque for $50.00.
I beg also to enclose copy of a  letter from  Mr. Frank  Richter protesting against any
interference with McConnell's coal claim on Rock Creek.
It appears to me that Mr. Richter must be mistaken as to the land to which he refers.
I have, etc.,
Leonard Norris,
Government Agent. 866 Re Applications for Coal Lands, East Yale. 1897
[Enclosures.]
Osoyoos, B. O, January 23rd, 1896.
Mr. Leonard Norris, Vernon, B. C:
Dear Sir,—Your kind favour of the 14th instant has been received. In answer I shall
say that I object to Mr. W. T. Thompson's application for coal land which I believe is the
same land for which Mr. James McConnell holds a lease and I acting as Mr. Connell's agent.
The land is described as follows:—Commencing at the south-east corner of H. Nicholson's
pre-emption claim, at Rock Creek, Kettle River; thence west 80 chains; thence south 80
chains : thence east 80 chains; thence  north 80 chains, more or less, to starting point.
Yours respectfully,
Prank Richter.
Midway, February 18th, 1896.
Leonard Norris, Esq.,
Assistant Commissioner of L. & W.,  Vernon, B. C:
Dear Sir,—I, the undersigned, hereby apply to you for a licence to prospect for coal on
the following described tract of land :—
Commencing at a point situated near the mouth of Rock Creek, near creek bed, and
designated by a post marked No. 1 post, W. T. Thompson, and running east one mile; thence
south one mile ; thence west one mile ; thence north one mile, to point of commencement.
W. T. Thompson.
L. Norris, Esq.,
Assistant Chief Com. of L. and W., Vernon, B.C.
Midway, April 27th,  1896.
Dear Sir.—Your letter of the 20th inst., received, and in compliance with same, I send
you the enclosed diagrams, re coal locations, also a description of same.
The initial stake is situated on the north bank of Rock Creek, at the point where the
arrow in the diagram or map shows it to be, about half a mile or a little more from the mouth
of Rock Creek. The stake being placed on the bench joining the bank, and the line (north
line) runs from there up over the bank to a point one mile west; thence south one mile ;
thence east one mile; thence north one mile, to point of commencement, crossing Rock Creek
(see diagram on larger scale).
Yours truly,
W. T. Thompson.
Victoria, B. O, May 9th, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 2nd. inst.,
enclosing documents and cheque for $50.00 in support of an application for a license to
prospect for coal in favour of W. T. Thompson.
In reply I beg to say that the land desired is under lease to James McConnell for the
purpose of coal mining, Mr. Thompson's application must therefore be refused.
Your cheque for $50.00 is herewith returned.
The enclosed tracing from the official plan shows the position of land under lease to
Mr. McConnell.
I have, etc.,
W. S. Gore,
Deputy Commissioner of Lands and   Works.
L. Norris, Esq.,
Government Agent, Vernon, B. C. 60 Vict. Re Applications for Coal Lands, East Yale. 867
Vernon, B. C, May 15th, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Sir,— I have the honour to acknowledge the receipt of your letter of the 9th instant,
returning the application of Mr. W. T. Thompson for a licence to prospect for coal over lands
already under lease for that purpose to Mr. Jas. McConnell.
And also my cheque for $50.00 and sketch plan of Mr. McConnell's lease.
I have, etc.,
L. Norris,
Government Agent.
Camp McKinney, B. O, May 25th, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Dear Sir,— As agent for Mr. James McConnell, who in '93 obtained from the Govern
ment a five years' lease of certain coal land in the Osoyoos Division, Yale District, viz., Lot
515, Gr. 1, Tp. 67, comprising 640 acres, and for which Mr. F. Richter has been paying the
yearly rental, I would beg to inform you that Mr. W. T. Thompson has made application to
iease or obtain a prsopecting license for the same land. I informed Mr. Thompson of
McConnell's prior claim, but it would appear to have had no effect, as I understand Mr.
Coryell is surveying the land on his behalf. I may mention that the land had already been
surveyed for McConnell, prior to obtaining the lease, by Mr. Ritchie.
J. McConnell is at present in California under medical treatment for his eyesight, and as
soon as he is able to leave the doctor's hands will return here.
McConnell has expended between $800 and $1,000 on the property, and though it has
not been continuously worked, in the strict meaning of the words, bona fide work has been
done to develop the coal, much of which work has been destroyed by successive spring
freshets. The position of the seam of coal, where opened, viz., in the bed and a little to one
side of the creek, where a drift has been run in, exposes it to the ravages of high water, and it
is only at low water that the seam can be advantageously followed ; immediately after high
water work will be recommenced.
Had it not been for the proposed construction of the C. & W. Railway through this
section of the country, it is very doutful if Mr. Thompson would have desired to acquire the
land, as without railway communication the commercial value of the coal measure is practically nil.
It is to be hoped that the Government will not permit McConnell to be defrauded of the
results of his discovery, or of the money and labour which he has expended, as if it had not
been for his energy and perseverence the fact of the existence of the coal would have been
unknown.
Trusting you will favour me with a reply stating what steps I should take, if necessary,
to secure J. McConnell's interest, I am, etc.,
Henry Nicholson.
Victoria, B.C., May 30th, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 25th inst., in
reference to W. T. Thompson's application for a license to prospect for coal over lands held
under lease by Mr. J. McConnell, lot 815, Tp. 67, Osoyoos Division of Yale District.
In reply, I beg to say that you should at once send affidavits in support of Mr. McConnell's
claim to Mr. Norris, Government Agent at Vernon, to be forwarded to this office with his
report. The affidavits should set out the particulars of work done by Mr. McConnell in compliance with the conditions of his lease.
I have, etc.,
W. S. Gore,
Henry Nicholson, Esq., Deputy  Commissioner of L. and   W.
Notary Public, etc.,  Camp McKinney, B.C. 868 Re Applications for Coal Lands, East Yale. 1897
Vancouver, B.C., 30th May, 1896.
Honourable 67. B. Martin,
Chief Commissioner of L. and W., Victoria.
Dear Sir,—In the month of February last past, Mr. W. T. Thompson, of Midway,
applied in the regular way under the provisions of the "Coal Mines Amendment Act, 1892,"
and amending Acts, for a prospecting license over and upon certain lands on Rock Creek, in
Osoyoos Division of Yale District, which are more particularly shewn on the map or plan
enclosed herewith, and are indicated within the red lines thereon. Prior to such application,
he made inquiries from the Assistant Commissioner of Lands and Works for the district
whether these lands were open for such application, and the Assistant Commissioner informed
him that they were ; hence his application. But upon his making the application it was
refused by the Department on the ground that the lands applied for were, in part, covered by
a certain lease granted on or about the 1st day of December, A.D. 1893, by His Honour the
Lieutenant-Governor in Council to one Jas. McConnell. This lease was granted in pursuance
of the statutes above referred to, and contains amongst other covenants one requiring the
lessee to operate the demised lands continuously. Now, since the granting of such lease,
neither the lessee nor any person or persons on his behalf have done any work whatever on
the demised premises, and we respectfully submit that upon your Department being satisfied
that such is the case the lease should be declared forfeited, and Mr. Thompson's application
for his prospecting license should receive your earnest consideration We enclose the following evidence of non-compliance with the covenant in the lease referred to : (1.) The declaration
of Louis Hind ; (2.) Declaration of W. T. Thompson. Should you require further evidence
we shall be pleased to furnish you with the same.
We respectfully ask you to take the matter into your consideration, and make such investigation into the same as you may think proper.
Yours truly,
Wilson & Campbell.
[Enclosures.]
Anaconda, May 19th, 1896.
I, the undersigned, Lewis Hind have been residing near Rock Creek as my home, and I
hereby solemnly declare that since November 8th (eighth), A.D. 1893, there has been no work
done on any coal claim at Rock Creek or vicinity by anyone, to the best of my knowledge and
belief.
Lewis Hind.
Anaconda, May 19th, 1896.
On this day, May 19th, A.D. 1896, there came before me, at Anaconda, Lewis Hind, to
me personally known, who made affidavit to statement above written regarding coal lands at
Rock Creek.
W. T. Thompson,
A Notary Public for and in the Province of British Columbia.
Canada.
Province op British Columbia.
To Wit:
In the matter of a certain application for a coal prospecting license by William T.
Thompson for certain lands situate on Rock Creek, in Osoyoos District, and in the matter of a
certain lease covering a portion of such lands granted by His Honour the Lieutenant-
Governor in Council to one James McConnell, on or about the 1st day of December, A.D. 1893 :
I, William T. Thompson, of Midway, in Osoyoos District, in the Province of British
Columbia, free miner, do sincerely and solemnly declare :
1. That since the first day of December, A.D. 1893, my residence has been in the said
District of Osoyoos, and I have, from time to time since that date, visited the lands covered
by the lease above mentioned, and I say that no work in the way of developing the lands comprised in the said lease, or mining the said lands for coal, has been done by the lessee, James
McConnell, or by any person or persons on his behalf. 60 Vict. Re Applications for Coal Lands, East Yale. 869
And I make this solemn declaration conscientiously believing the same 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."
Declared before me at Victoria, in the Province of British Columbia,
this 30th day of May, A.D. 1896. f „7   „    w
3 ■" T        „ >W.  T.   Thompson.
John Campbell,
A  Commissioner, etc.
Victoria, B.C., June 1st, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your letter of the 30th
ultimo., enclosing declarations of Louis Hind and W.  T.  Thompson to the effect that James
McConnell has failed to comply with the terms of his lease of certain coal lands on Rock
Creek, over which Mr. Thompson desires a license to prospect.
Tii reply I beg to state that the matter will be investigated.
I have, etc.,
G. B. Martin,
Chief Commissioner of L. and W.
Wilson & Campbell,
Barristers, etc.,   Vancouver, B.C.
Victoria, B.C., June 6th, 1896.
Sir, -I beg to request that you will be good enough to report to me at your earliest convenience whether you consider the work on the coal lease of Mr. James McConnell, on Rock
Creek, has been carried out in accordance with the terms of the lease.
I have, etc.,
G. B. Martin,
Chief Commissioner of L. and W.
L.  Norris,  Esq.,
Government Agent,   Vernon,  B.C.
Vernon, B.C., June 11th,  1896.
Hon. 67. B. Martin,
Chief Commissioner of Lands and   Works,   Victoria, B.C.
Sir,—I have the honour to acknowledge the receipt of your letter of the 6th instant, in
which I am asked to advise the Department as to whether work has been carried out on the
coal lease of Mr. Jas. McConnell, of Rcok Creek, in accordance with the terms of the lease.
I am not in a position to "advise you respecting this matter without making further
inquiries, but at an early date I will visit the locality and report fully thereon.
I have, etc.,
L. Norris,
Government Agent.
Vernon, B. C, June 12th, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of L. and W., Victoria, B. G.
Sir,—I have the honour to forward herewith enclosed applications for licenses to prospect for coal in favour of the following parties :—F. McCleary, J. W. Hugh Wood, John Campbell, R. Marpole, R. Wood, Chris. Wood, Jas. Armstrong, W. R. McMann, and sketch plan of
the ground applied for by W. T. Thompson.
Attached to each application is a sketch plan showing the pre-emptions which cover the
coal lands. I am in receipt of communication from Mr. Henry Nicholson, of Camp McKinney, in
which Mr. Nicholson requests to have my report on Mr. Thompson's application postponed until
he has time to secure certain affidavits in support of Mr. James McConnell's claim to the land
from that genleman, who is now in California.
The fees, I understand, for these licenses are now in the Lauds and Works Department.
I have, etc.,
Leo. Norris,
[Enclosures.]
Government Agent.
Midway, May 25th, 1896.
To the Assistant Commissioner of Lands and Works,
Vernon, B. G.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in the Gazette and local newspaper, and posting notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land, as a coal location, viz.:—S. E. \ Section 19, N. E. J Section
18, S. W. I Section 20, and the N. W. J Section 17, Township 68.
Yours truly,
John Campbell.
Midway, May 25th, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the following described tract of land, as a coal location, being S. E. i Section 24, and N. E. J Section
13, Township 67, and the South-West J of Section  19, also the N. W. £ Section  18, Town
ship 68.
F. McCleery.
Midway, May 25th, 1896.
To the Assistant Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the following described tract of land, as a coal location, being the East \ Section 27, and West ^ Section 26, Township 67.
J. W. Hugh Wood.
Midway, May 25th, 1896.
To the Assistant Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the following described tract of land, as a coal location, being the whole of that portion of Section 30,
Township 68, lying north of Kettle River.
R. Marpole.
Midway, May 25th, 1896.
To the Assistant Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting notices on the ground,
and on the Court House at Midway, hereby apply for a prospecting license for the following
described tract of land, as a coal location, being S. E. \ Section 26, S. W. |- Section 25, N. W.
\ Section 24, and N. E. \ of Section 23, in Township 67.
Robt. Wood. 60 Vict. Re Applications for Coal Lands, East Yale. 871
Midway, May 25th, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting notices on the ground,
and on the Court House at Midway, hereby apply for a prospecting license for the following
described tract of land, as a coal location, being the West J Section 27, Township 67, and East
-i Section 28, Township 67.
Chris. Wood.
Midway, May 25th, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. G.
Dear Sir, — I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the following described tract of land, as a coal location, being all that portion of Section 28, Township 68, not occupied as a homestead.
W. R. McMann.
Midway, May 25th, 1896.
To the Assistant Chief Commissioner of Lands and, Works,
Vernon, B. G.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law as
regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the following described tract of land, as a coal location, being that portion of Section 29, Township
68, not occupied as a homestead.
Jas. Armstrong.
Attorney-General's Office,
Victoria, B. O, 4-7, '96.
I am of the opinion that following the reasoning of the Supreme Court of Canada in the
Far-well case, the publication by the applicants of a notice of their intention to apply for a
coal prospecting license confers upon them no immediate right, and the lands in respect of
which the applications are all made having been included in a Railway Reserve (made under
special statutory authority) before the receipt by the Chief Commissioner of the applications
for licenses, are not any longer " lands held by the Crown for the benefit of the Province." I
might also point out that all the applications are irregular if made only when dated, as the Act
(1892, c. 31, s. 3) especially says that they are not to be made until "after the expiration of
30 days."
A. G. S.,
D. A. 67.
(Personal.) Vancouver, B. C, June 22nd, 1896.
Hon. 67. B. Martin,
Chief Commissioner of L. & IE,  Victoria, B. C.
Dear Sir,—We have forwarded a cheque for $500 to Mr. Norris, at Vernon, to pay for
the ten prospecting licenses for which Mr. Thompson and others are applying. Kindly drop
us a line and let us know how the matter is proceeding. We also forwarded him a number of
affidavits with regard to the McConnell lease, which show beyond question that no work has
been done by McConnell or anyone on his behalf since the lease was issued.
We are, etc.,
Wilson & Campbell. 872 Re Applications for Coal Lands, East Yale. 1897
(Personal.) Vancouver, B. C, June 16th, 1896.
Hon. 67. B. Martin,
Chief Commissioner of L. and W., Victoria, B.C.:
Re Coal Prospecting License.
Dear Sir,—The map and application which I sent in for a prospecting license in Osoyoos
is incorrect, inasmuch as it does not correspond with the notice published in the Gazette. I
now enclose a corrected map and a corrected application which kindly substitute for the one I
have put in.    Your kind attention will much oblige •
Yours truly,
John Campbell.
Victoria, B.C., June 27th, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your letter of the 22nd
inst., and in reply, beg to say that Mr. Norris, Government Agent, at Vernon, has been
requested to report re McConnell's coal lease.
Messrs. Wilson <k Campbell,
Barristers, &c, Vancouver, B. C.
I have, etc.,
Geo. B. Martin,
Chief Commissioner of L. and W.
Santa Rosa, June 23rd,  1896.
W. S.  Gore, Esq.:
Dear Sir,—You will please find enclosed my affidavit and certificate of my physician,
which is all the proof I have at hand at present, until I arrive at Victoria. I have received
information from Henry Nicholson and Frank Richter, that one Thompson was trying to
jump my coal property. I can't understand how he can apply for a license to prospect, as in
the face of my drift there is six foot of clean coal in the vein, and blacksmiths at Rock and
Boundary Creeks have used the coal for the last three years. There is plenty of Government
land adjoining my land that he can prospect on if he desires to spend his money as I did. If
this is not satisfactory I will be compelled to get some man to lead mo (as I cannot now see)
and proceed to perfect the title to my land.
My physician says that I will soon be in a condition to have my eyes operated upon
before going to Victoria.
Would be pleased to hear from you. Yours, etc.,
his
James -4- McConnell.
mark
[Enclosures.]
Santa Rosa, Cal., June 23rd, 1896.
James McConnell has been under my treatment for over four months, and is still under
my treatment. He is suffering with cataract of both eyes and general debility. He is unable
to see and will not get relief until he is operated upon, and at present they are not advanced
enough for an operation.
W. Finlay, M.D.
State of California,
County of Sonoma.  /
I, Somers B. Fulton, County Clerk of the County of Sonoma, State of California, do hereby
certify that W. Finlay, M.D., whose name is subscribed to the above and foregoing certificate,
is a duly qualified and practising physician, residing in the City of Santa Rosa, County and
State aforesaid.    Witness my hand and official seal, this 23rd day of June, 1896.
Somers B. Fulton,
[l.S.] County Clerk.
By F. G. Nagle,
Deputy Clerk. 60 Vict. Re Applications for Coal Lands, East Yale. 873
State of California, 1   „ „
County of Sonoma,    j
James McConnell, being duly sworn, deposes and says that he is now at Santa Rosa,
Sonoma County, California, where he has been residing for the purpose of treating his eyes.
That he was forced to leave British Columbia to endeavour to treat his eyes. That up to the
time of my departure I had fully complied with the law in the holding of my coal property,
situate on Lot 515, Township 67, Osoyoos Division of Yale District.
Deponent further says that previous to his disability he expended large sums of money
and performed much labour in improving and developing said coal property. That he worked
nearly four months prospecting. Paid one John Brown for work the sum of fifty dollars.
Paid the sum of two hundred dollars to Henry Nicholson for superintending the work. At
another time paid out myself personally, for work, the sum of two hundred dollars. Paid
James James and Mr. Morrestin eighty dollars. Paid for survey one hundred and ninety
dollars. Have at divers times done considerable work in developing said coal mines not
included in the foregoing statement. When forced to leave to obtain medical aid for treatment of my eyes, I authorised Frank Rector to continue the work on the said coal mines.
In consideration of the expenditure made and the misfortune which has befellen me, I
hope your Honourable Government will suspend action in regard to my coal property until I
will be able to furnish proof to satisfy you that I have acted in good faith so far as was in my
power to do so.
Sworn and subscribed to before me, this 23rd day \ ,.
of June, A.D. 1896. (
[l.s.] O. H. Hoag, f
Notary Public. )
James -f- McConnell.
mark
Vernon, B. C, June 28th,  1896.
W. S.  Gore,  Esq.,
Deputy Chief Commissioner of L. and W., Victoria, B. C:
Sir,—I have the honour to forward herewith enclosed, the amended application of Mr.
John Campbell, for a license to prospect for coal, and also the application of Mr. W. H. Norris.
These, with the applications sent down on the 12th instant, make ten in all, viz.:—
F. McCleary—S.E. \ Section 24, and N.E. { Section 13, Tp. 67, and S.W. \ Section 19,
N.W. I Sec. 18, Tp. 68.
J. W. Hugh Wood—E. \ Sec. 27, and W. \ Sec. 26, Tp. 67.
John Campbell—S.E. \ Sec. 19, and N.E. \ Sec. 18, S.W. \ Sec. 20, and N.W. + Sec.
Sec. 17, Tp. 68.
R. Marpole—Sec. 30, Tp. 68.
E. Wood—S.E. \ Sec. 36, S.W. \ Sec. 25, N.W. \ Sec. 24, and N.E. \ Sec. 23, Tp. 67.
Chris. Wood—W. \ Sec. 27, and E. 1 Sec. 28, Tp. 67.
James Armstrong — Sec. 29, Tp. 68.
W. R. McMann—Sec. 28, Tp. 68.
W. T. Thompson—Lot 515.
W. H. Norris—N. § Sec. 27, and S. \ Sec. 34, Tp. 53.
Enclosed please find a cheque signed by R. Wood & Co., and made payable to the Honourable the Chief Commissioner of Lands and Works.
I have, etc.,
Leonard Norris,
Government Aqent.
[Enclosures.]
L. Norris, Esq.,
Assistant Commissioner of L. and W., Vernon, B. C:
Sir,—I have the honour to herewith make application for a license to prospect for coal
over north \ Sec. 27, and south \ Sec. 34, Township 53, Osoyoos District.
W. H. Norris,
Midway, B. C, May 28th, 1896. per W.O. 874 Re Applications for Coal Lands, East Yale. 1987
Midway, May 25th, 1896.
To the Assistant Chief Commissioner of L. and IE,  Vernon, B. C:
Dear Sir,—I, the undersigned, have fully complied with the requirements of the law as
regards staking, advertising in the Gazette and local newspaper, and posting notices on the
ground, and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being S.E. \ Section 19, N.E. \ Section
18, S.W. \ Section 20, and the N.W. \ Section 17, in Township 68.
John Campbell.
Victoria, B. C, July 7th, 1896.
Sir,—Referring to your letters of the 12th and 29th ultimo, enclosing sundry applications for licenses to prospect for coal under the provisions of the " Coal Mines Act," I
have the honour to inform you that in view of the lands covered by these applications being
situated within the area embraced by the Reservation established in pursuance of the provisions of the "Columbia & Western Railway subsidy Act, 1896," a notice of which was
published in the British Columbia Gazette, and dated 5th June, 1896, a question arose as to
the power of, the Government to grant the said licenses, which was submitted to the Attorney-
General, who advises the Department that following the reasoning of the Supreme Court of
Canada in the Farwell case, the publication of the applicants of a notice of their intention to
apply for coal prospecting licenses confers upon them no immediate right, and the lands in
respect of which the applications are all made having been included in a Railway Reserve
before the receipt at this office of the said applications are not any longer " lands held by the
Crown for the benefit of the Province" (1892, Ch. 31, Sec. 2), consequently the licenses
cannot be issued.
I return herewith the cheque for $500.00 which accompanied your letter of 29th ultimo,
which I beg you will return to the person from whom you received it. I have also to request
you to notify the different applicants that the Government regret their inability to grant the
licenses.
I have, etc.,
W. S. Gore,
Deputy Commissioner of Lands and Works.
L. Norris, Esq.,
Government Agent,  Vernon, B. C.
Vernon, B. C, July 8th, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Sir,—I have the honour to enclose herewith the following documents re in the disputed
coal claim, W. T. Thompson v. Jas. McConnell.
Affidavit of Frank Gome. Affidavit of J. A. Coryell.
„ „   Allan Gillies. >, n D. McDuff.
ii ii   Frank Donald. >i n  Thomas Curry,
ii ii   Jas. Lynch. and statement of Frank Richter.
I visited the ground in question, and from personal observation believe that work on
Jas. McConnell's coal lease has not been continuously and vigorously prosecuted.
Mr. Henry Nicholson, of Camp McKinney, requested me to have this matter delayed in
order to secure an affidavit from Jas. McConnell, who was then in California. This affidavit
has not yet reached me, when it does I will forward it without delay.
I have, etc.,
L. Norris,
Government Agent. 60 Vict. Re Applications for Coal Lands, East Yale. 875
[Enclosures.]
Re Coal Lease, J. McConnell, Lot 515.
Boundary Valley, 1st June, 1896.
Previous, and up to the fall of 1894, Jas. McConnell claims to have expended close on
$1,000.00 on the lease. Since that date no money has been expended by either myself or Jas.
McConnell on the claim, but small quantities of coal have been taken out at various times by
other parties with our permission. The fees for lease for the past two years have been paid by
me—$128.00.
Frank Richter.
Witness :
Louis V. Cuppage, July 1st, 1896.
I, Daniel McDuff, of Midway, B. C, do solemnly declare that I have been engaged in
blacksmithing work at Midway, B. C, since the fall or autumn of A.D. 1893, and have never
heard of anyone working at or near Rock Creek since then on coal lands situated there for
Jas. McConnell, and I have had to send to White Lake for my coal, which place is 70 miles
from here, and pass within one quarter mile of the coal opening at Rock Creek. The coal at
Rock Creek is better for my use. And I make this solemn declaration, conscientiously
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 Midway,  B. C, this  10th day of]
June, A.D. 1896, YD. McDuff. [l.s.]
[us.J W. H. Norris, J.P. J
I, John A. Coryell (a Provincial Laud Surveyor), of Midway, B.C., do solemnly declare
that I have been employed in my capacity as a Provincial Land Surveyor at different times
for the last nine years in the vicinity of Rock Creek, and at no time since A.D. 1893 have I
seen or heard of anyone working on the land claimed by Jas. McConnell on a coal lease in the
interests of Jas. McConnell, in fact no work has been done by him or for him to the best of
my knowledge and belief. And I make this solemn declaration conscientiously 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 Midway,  British Columbia, this"
13th (thirteenth) day of June, A.D. 1896.
[l.s.] W. T. Thompson,
Notary  Public for  the  Province of British  Columbia.
John A. Coryell,   [l.s.]
I, Frank Donald, of Kettle River District, do solemnly declare that I have had my home
near Rock Creek since March, 1894, and since that time no work of any kind or nature has
been done on the land claimed by Jas. McConnell on a coal lease either by Jas. McConnell or
by anyone on his behalf, and people have had to pass by this land and go over 55 miles over a
mountain to get coal because they could not be supplied at Rock Creek. And I make this
solemn declaration conscientiously 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 Donald cfe Conkle's ranch, British Columbia, this twelfth day of June, A.D. 1896.
[l.s.] W. T. Thompson,
Notary Public, etc.
Frank Donald,     [l.s.]
I, James M. Lynch, of Midway, B.C., do solemnly declare that I have been a resident of
the country in the vicinity of Rock Creek since A.D. 1886, and to the best of my knowledge
and belief no work of any nature has been done since the granting of the coal lease to Jas.
McConnell in A.D. 1893. And I also certify that I worked for Jas. McConnell for two days
on the claim when it was first located by him, and was accompanied by a man named Brown,
who worked for about two weeks, and this was all the work I ever heard of being done by
him. There was a party named Filton, Stocker & Fry did a little work on the claim before
lease was granted, and none since that I am aware of.     And I make this solemn declaration 876 Re Applications for Coal Lands, East Yale. 1897
conscientiously believing it to be true and knowing 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 Midway,   British Columbia,   this \
fifteenth day of June, A.D. 1896. ( T       u   T r      -.
r J i \TT   m   r„ VJas. M   Lynch.     l.s.1
[l.s.] W. T. Thompson, I L     J
Notary Public for B.C. )
I, Allan Gillies, of Rock Creek, do solemnly declare that I have had my home about half
a mile from Rock Creek since the 25th of October, A.D. 1893, and since that time no work
has been done on the land claimed by Jas. McConnell at Rock Creek, either by him or anyone on his behalf in way of prospecting for or developing coal land claimed by him, and I
make this solemn declaration conscientiously believing it to be true, and knowing 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 Kettle River,  British Columbia, this"!
twelfth day of June, A.D. 1896. . 0 r      -,
Jr     -,     ' iTT   m   m V Allan Gillies.       l.s.
[l.s.] W. T. Thompson, l     j
Notary Public for  British Columbia. J
I, Frank Gome, of Central Creek, in Kettle River Mining Division of Yale District, do
solemnly declare that in the summer of 1890 I worked for Jas. McConnell on a coal claim
located by him at the, or near the, mouth of Rock Creek, and we started work on money
furnished him by Messrs. Filton, Stocker, Fry and Chandler, of Spokane, Washington, U.S.A.
We, that is I and a party by name of Edward James, worked for him about two weeks and
sunk a couple of holes for him on a bench near the creek, and went through a black mushy
substance, claimed by James (a coal miner) to be only a wash from coal until we came to " bed
rock " beneath. We then called McConnell's attention to it, and that w-e had not found any
coal, and he told us to " keejp quiet about it and fill the holes up again with rocks as he would
not, for one thousand dollars, have it known that there was no coal there. We did so ; he
then sent us down to the hydraulic company's claim lower down on Rock Creek and had us
borrow drills and put in a hole, between the holes sunk to find coal and the creek, and blast
the rock admitting the water from the creek into the holes sunk to find coal. This was
done purposely to admit the water. He then dictated a letter to Filton, Stocker and Fry
saying ho had found a nine-foot seam of coal, and they came up to Rock Creek and found
holes sunk for coal filled with water. And I make this solemn declaration conscientiously
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    Midway,    British    Columbia,   thisl
twelfth day of June, A.D   1896^ I Frank  q .      ,
[l.s.] W. T. Thompson, l     j
Notary Public for and in the Province of British  Columbia. J
I, Thomas Curry, of Rock Creek, in the District of Yale, Province of British Columbia,
do solemnly declare that I have resided at Rock Creek, in the District of Yale, Province
aforesaid, for the past eight years. In the year 1890, A.D., a little work was done by Tilton,
Stocker, Fry and Chandler, of Spokane, on certain ground at Rock Creek claimed by Jas.
McConnell as a coal claim, and in 1892, in the fall, or in the spring of 1893, A.D., certain
other work was done upon the said ground since which, to the best of my knowledge and belief,
no coal mining operations or prospecting for coal has been done until recently when, under the
instructions of W. T. Thompson, I have carried on prospecting work on the said ground. The
entire amount of work done during the period between 1890 and the time I started to work
for W. T. Thompson would not exceed, in the aggregate, $100 worth. In doing work on the
said ground this spring I had no difficulty with water, although said work was carried on at
or near the same place where the work formerly was done by James McConnell, or Tilton,
Stocker, Fry and Chandler. And I make this solemn declaration conscientiously believing it
to be true and knowing it is of the same force aud effect as if made under oath and by virtue
of the " Canada Evidence Act, 1893."
Declared   before   me  at Midway,   District of   Yale, Province of
British Columbia, this 23rd day of June, AD. 1896 \^ ( ,
W. H. Norris,
J. P. 60 Vict. Re Applications for Coal Lands, East Yale. 877
Vernon, B. C, July 10th, 1896.
W. S. Gore, Esq.
Deputy Commissioner of L. & IE,  Victoria, B. G.
Sir,—I have the honour to acknowledge the receipt of your letter of the 7th instant, re
coal prospecting licenses on Rock Creek, and to say that your instructions will be carefully
carried out.
I have, etc.,
L. Norris,
Government Agent.
Vancouver, B. C, June Sth, 1896.
Hon. 67. B. Martin, Esq.,
Chief Commissioner Liands and Works,  Victoria B. C.
Re Coal Lands at Midway.
Dear Sir,—Mr. W. T. Thompson, when passing through here from Victoria, left with us
ten applications for coal licenses at Midway, to be forwarded to the Department as soon as
the time is up according to the Gazette. Mr. Thompson was quite aware that this is not the
regular way of putting in the applications, but-inasmuch as he resides in the Boundary Creek
District, and communication with that place is slow, he requested us to send the applications
on to you. The time, according to the Gazette, will be up, we believe, on or about the 14th.
Will you kindly see that this matter receives the attention of your Department?
The applications for licenses we are sending you are for :—
J. W. Hugh Wood, Robt. Wood,
Jas. Armstrong, F. McCleary,
Chris. Wood, R. Marpole,
J. Campbell, W. R. McMann,
S. D   Biggar.
[Enclosures.]
To the Assistant Commissioner of Lands and  Works,
Vernon: B. C.
Yours truly,
Wilson & Campbell.
Midway, May 25, 1896.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on
the ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land, as a coal location, being S.E. \ Section 20, N.E. \ Section
17, S.W. I Section 21, and the N.E. \ Section 16, in Township 68.
J. Campbell.
Midway, May 25, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on
the ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being the west J Section 27, Township 67
and east J Section 28, Township 67.
Chris. Wood.
Midway, May 25, 1896.
To the Assistant Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as  regards  staking, advertising  in  Gazette  and local newspaper,  and posting of notices on 878 Re Applications for Coal Lands, East Yale. 1897
the ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being that portion of Section 29, Township 68, not occupied as a homestead.
Jas. Armstrong.
Midway, May 25, 1896.
To the Assistaid ( hief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting- of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being the east |- Section 27, and west \
Section 26, Township 66.
J. W. Hugh Wood.
Midway, May 25, 1896.
To the Assistant Chief Commissioner of Lands and, Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being all that portion of Section 28, Township 68, not occupied as a homestead.
W. R. McMann.
Midway, May 25, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being S.E. J Section 26, S.W. \ Section
25, N.W. I Section 24, and N.E. \ Section 23, in Township 67.
Robt. Wood.
Midway, May 25, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being S.E. \ Section 24, and N.E. \ Section 13, Township 67, and the S.W. \ of Section 19, also the N.W. \ Section 18, Township 68.
F. McCleary.
Midway, May 25, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. C.
Dear Sir,—I, the undertigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being all that portion of Section 27, Township 63, north of Kettle River.
S. D. Biggar. 60 Vict. Re Applications for Coal Lands, East Yale. 879
Midway, May, 25, 1896.
To the Assistant Chief Commissioner of Lands and Works,
Vernon, B. G.
Dear Sir,—I, the undersigned, having fully complied with the requirements of the law
as regards staking, advertising in Gazette and local newspaper, and posting of notices on the
ground and on the Court House at Midway, hereby apply for a prospecting license for the
following described tract of land as a coal location, being the whole of that portion of Section
30, Township 68, lying north of Kettle River.
R. Marpole.
Victoria, B. C, July 16th, 1896.
Gentlemen,—The Honourable the Chief Commissioner of Lands and Works has just
handed me your letter of 8th ultimo, covering copies of nine applications for Coal Prospecting
Licenses over land situated in the southern portion of Osoyoos District.
The Government have decided that the licenses in question cannot be issued for the
reasons stated in the enclosed copy of a letter to the Assistant Commissioner for the District.
I have, etc.,
W. S. Gore,
Deputy Commissioner L. and W.
Messrs. Wilson & Campbell,
Barristers, &c, Vancouver, B. C.
Midway, B. C, July 16th, 1896.
67. B. Martin, Esq ,
Chief Commissioner Lands and Works,   Victoria, B. G.
Dear Sir,—I received a letter from Mr. Norris to-day, notifying that the coal land sought
by me could not be obtained or license granted because my application was not in before June
5th, 1896, at which time land was reserved. Now in relation to this, my application was sent
in before the Act granting a subsidy of land even was passed last winter, in which the railroad
company were to receive certain rights in regard to the reservation of land, and nry papers had
been to your office and returned last May, not because the land was reserved, but because the
land was claimed by Jas. McConnell, whose title to which you have long since had ample
evidence lapsed years ago (in the shape of seven affidavits and a visit of Mr. Norris to the
place).
Now in the face of this, Mr. Norris writes me that my application came in after the filing
of the reserve. How can this be? The papers were returned from your office probably by Mr.
Gore without your knowledge, but the fact remains that I had my application in long before
any filing of maps or claim for reservation was made by the Columbia & Western, and that
application was at your office before that time.
Now in the face of this, I am told that my application was not in before June 5th, when
I had received notice of my application having been in a long time before at your office in a
letter written by Mr. Gore.
Now my dear Martin, I do not think you would intentionally do me a great injustice, and
assist in perpetrating so foul an outrage on one whom you know was always and ever a friend,
and as far as politics go, you know that I have ever and always been your staunch ally and
supporter, and can as such claim at least the same fair treatment that any citizen has a right
to look for at your hands. This is simply a matter of justice. A great wrong has been perpetrated, and probably without your knowledge this particular claim has been " hunched " in with
the balance, when it antedated them by months. You can see that there is a " nigger in the
fence " somewhere, and that the facts in relation to this matter have been contorted and twisted 880 Re Applications for Coal Lands, East Yale. 1897
out of shape somewhere and somehow.    I  have written Mr. Campbell to see you about this
matter.    Hoping to hear from you soon,
I remain, etc.,
W. T Thompson.
(Copy of letter from Mr. Norris.)
Vernon, B. C, July 9th, 1896.
Sir,—Referring to your application for a license to prospect for coal over certain lands on
Rock Creek, Osoyoos District, I have the honour to inform you that the land covered by your
application is found to be within the area embraced by the reservation established in pursuance
of the provisions of the "Columbia Western Railway Subsidy Act, 1896," a notice of which
was published in the British Columbia Gazette, and dated June 5th, 1896.
It has also been ascertained that the publication of your intention to apply does not confer upon you any immediate right, and this land thus included in the Railway Reserve before
your application was received at the office of the Honourable Chief Commissioner of Lands and
Works, as provided forin section 3 of the "Coal Mines Act, 1892," the land was no longer
" lands held by the Crown for the benefit of the Province," as defined in section 2 of this Act.
I have been directed to notify you that the Government regret their inability to grant the
license in consequence.
I have, etc.,
(Copy of letter I sent Norris.)
Dear Sir,—Yours of July 9th received and contents noted. In reference to same, I
applied for this land last February 15th, and later sent you maps corrected as per advice to
definitely and accurately locate the coal claim, this was done months before the reserve was put
on, and the entire business was in the Chief Commissioner's office long before the filing of maps.
Why, it was to see the Chief Commissioner in regard to this application that caused me to go to
Victoria, and the reserve was not put on until after I had left Victoria—months after my
application had been received.
This may not apply to the other locations, but it does to mine, and the matter of my right
is plain and clear, and it is no doubt an oversight that has included this claim with the others,
as it was located, claimed, and applied for months before as you know. I would most earnestly
request you to call the Hon. Chief Commissioner's of Land and Works attention to this, as I
am sure he will not be a party to the perpetration of so rank and flagrant an outrage, or
unwittingly or otherwise allow himself to be made the tool of the Columbia & Western, to rob
people of their rightful possessions under the cloak of official position and power. I have sent
advice to my lawyers to see further in regard to it, as no doubt it is an oversight, and will be
rectified.
Yours truly,
W. T. Thompson.
Victoria, B. C, July 30th, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 16th inst.,
respecting your application for a license to prospect for coal over certain land embraced by the
reservation established in pursuance of the provisions of the " Columbia and Western Railway
Subsidy Act, 1896."
In reply I beg to say that the matter has been referred to the Attorney General's Department for consideration and report.
I have, etc.,
Geo. B. Martin,
Chief Commissioner of L. &  W.
W. T. Thompson, Esq.,
Midway, B. C. 60 Vict. Re Applications for Coal Lands, East Yale. 881
Vancouver, B. C, July 21st, 1896.
lion.  G.  B.  Martin, Esq.,
Chief Commissioner Lands and Works, Victoria, B. G.
Dear Sir,—We have been making applications in the proper way for coal prospecting
licenses covering certain lands situate on Rock Creek, in the Osoyoos Division of Yale, and our
clients have received from Mr. Norris, the Government Agent at Vernon, a letter stating that
the land covered by the applications is found to be within the area embraced by the reservation established in pursuance of the provisions of the " Columbia Western Railway Subsidy
Act, 1896." It is also stated in the same letter that " the publication of our intention does
not confer upon us any immediate right, and the land being included in the Railway Reserve
before our application was received at the office of the Chief Commissioner of Lands and
Works, the land was no longer land held by the Crown for the benefit of the Province," as
defined in section 3 of the "Coal Mines Act, 1892." We are also informed that the refusal to
grant these licenses is based upon an opinion from the Honourable the Attorney-General, who
has advised your Department that following the reasons of the Supreme Court of Canada in the
Farwell case, the publication of the applicants of a notice of their intention to apply for coal
prospecting licenses confers upon them no immediate right, and the lands in respect of which
the applications are all made having been included in a railway reserve before the receipt at
this office of the said applications, are not any longer lands held by the Crown for the benefit
of the Province, consequently the licenses cannot be issued."
Now, with the utmost respect for the Honourable the Attorney-General, and in addressing
this communication to you, you will please understand that we are dealing with the opinion
that has been expressed in the Attorney-General's Department, in very much the same way as
if we were arguing the matter before a Judge, and we say that with the utmost respect for
the opinion that has been given, we think we can show you, and we have equally no doubt
that if we could argue^the matter before the Attorney-General, we could convince him that
Farwell's case is no authority for the proposition. It is true that in the Farwell case the
Chief Justice makes use of these words : " I am clearly of opinion that the application of the
defendent on the 22nd November, 1883, conferred on him no right, title, or interest in the
land applied for." Those words standing alone, and some of the facts standing alone, would
justify the opinion expressed, but when all the circumstances are taken into consideration and
the judgment of the Chief Justice is read by the light thrown upon it in an action brought by
Farwell vs. the Queen some years after the first judgment, I think it will be seen that these
words have no application to the case in point.
In Farwell's case before Farwell's application was granted, namely, on the 19th December,
1893, the Act relating to the Island Railway, &c., Chap. 14, 1884, granted to the Dominion
Government for the purpose of construction and to aid in the construction of the C. P. R.,
the public lands along the line of the railway, and on the 19th of April, 1894 the Dominion
Government passed a similar Act approving and ratifying- the agreement set out, so that
according to the judgment of Chief Justice Ritchie the joint Legislatures had put it out of the
power of the Legislature of British Columbia to deal with the land granted by the Act, otherwise than in the manner and for the purposes provided for by the Act. In this case no
such legislation has been passed. All that has been done here is by section 2 of Bill No. 83,
passed at the last session of the Provincial Legislature, that on certain antecedent requirements
being fulfilled the Lieutenant-Governor in Council shall reserve from pre-emption and sale
certain tracts of land, but there is nothing in that Act which gives the Company any right
whatsoever. But far different is the language of the joint Legislatures, both the Dominion
and Provincial, the one of which distinctly states that the land should be granted as soon as
the railway was located, and the other ratifies the agreement set out in the B. C. Statutes.
Even section 5 of the " Columbia Subsidy Act" confers no rights upon the Company, it only
renders it lawful on the part of the Lieutenant-Governor in Council to issue Crown Grants in
favour of the Company under certain circumstances. The effect in Farwell's case was to
transfer the beneficial interest in the land in the Province of British Columbia from Her
Majesty in right of the Province to Her Majesty in right of the Dominion, and that is what is
distinctly pointed out in Farwell vs. the Queen before the Supreme Court of Canada, vol. 22,
at page 559, where referring to the precious metal case, Mr. Justice King stated : " In the one
" case as in the other, the title is in the Sovereign, but whilst prior to the Act of 1883 (i. e. the
"B. C. Act), the entire beneficial interest both as to territorial and the prerogative rights of 882 Re Applications for Coal Lands, East Yale. 1897
" the Crown was in the Province and subject to the control of the Government and Legislature
" of the Province, the effect of that Act was to sever the beneficial interests and to assign or
" appropriate the beneficial interest in the Crown's territorial rights to the Dominion, retain-
" ing to the Province the beneficial interest in the juraregalia or prerogative rights of the
" Crown in connection with such lands." In other words the effect of the Act of 1883 was to
transfer all the interest which the Province had in the lands, except the precious metals, to the
Dominion.
Now it surely can never be argued that the effect of the " Columbia Subsidy Act," has
been to confer the right to all lands on the Railway Company. In other words they are still
"lands held by the Crown for the benefit of the Province," and if lands held by the Crown for
the benefit of the Province, then we respectfully submit to you it is nothing but just that an
application for certain of these lands having been made that the application should be granted.
No right whatsoever is conferred upon the Railway Company, all that was clone by the Legislature last session was to confer a means by which Lieutenant-Governor in Council may in his
discretion under certain circumstances, that is on the fulfilment of all the requirements of the
Statutes, grant to the Company certain lands, but clearly the reservations will be subject to
the applications which were already in and the acquisition of lands under other Statutes.
If they are not lands held by the Crown for the benefit of the Province, is it too much to
ask what are they ? Clearly not held for the benefit of the Railway Company, because something more is required to be done before the Railway Company can ever have any lands at
all.    In Farwell's case there was a distinct grant to the Dominion, here there is none.
Under these circumstances we ask you to be pleased to reconsider these applications, as
we think there should be no difficulty in acceding to the request of our clients and granting
the same.
It may be both to the advantage of our clients and possibly for the satisfaction of the
Attorney-General's Department, if we were to wait upon you and further discuss this question.
We should very much like an opportunity of doing so, if you, after perusing this letter,
entertain any doubt about the matter.
We have, etc.,
(Signed)        Wilson & Campbell.
Victoria, B. C, July SOth, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your letter of the 21st
inst., respecting applications for coal prospecting licenses covering certain lands situated on
Rock Creek within the area embraced by the reservation established in pursuance of the
provisions of the "Columbia and Western Railway Subsidy Act, 1896."
In reply, I beg to say that the matter has been referred to the Attorney-General's
Department for consideration and report.
I have, etc.,
Geo. B. Martin,
Chief Commissioner of L. and  W.
Messrs.   Wilson & Campbell,
Barristers, etc., Vancouver, B. C.
Greenwood City,. B C, July 18th,  1896.
Hon, G. B. Martin,
Minister of Lands and Works, Victoria, B. G. :
Dear Sir,—I was very much surprised to receive notice from the Assistant Commissioner
that our application for coal licenses at Rock Creek had been refused in favour of the Columbia <fe Western Railway Co. I hope there was some mistake about it, and that our rights will
be considered. Our money and applications were certainly in the office at Victoria before the
application from the Railway Co. to reserve the coal was put in. We spent a good deal of
time and money looking up this coal sometime before the applications were put in, in fact,
before the railway charter was granted, and at least, Mr. Thompson's application was in last
winter. Now, this treatment seems hard, for Mr. Thompson has ruined himself, financially,
in trying to bring before the mining world the mineral resources of this district, and we are 60 Vict. Re Applications for Coal Lands, East Yale. 883
doing more for roads, bridges and improvements, in proportion, than either the Government
or Mr. Heinze. I have repeatedly sent men to repair the Government roads to make them
passable. We are now making a trail to Pass Creek so that the prospectors who have made
new discoveries there can get their supplies in. We now have fifteen men making a road
to Greenwood Camp, so that we who buy our goods in Victoria and Vancouver can compete
with those on the east side of Boundary Mountain, who get their supplies in Spokane. When
this road is completed we will have spent $4,000 in public roads, outside of the townsite.
Mining men are now bringing in their supplies over our roads, crossing Boundary Creek over
our bridges, up our grades to Copper and Deadwood Camps. I cannot describe my feelings
when I see some profitable advantages that we have looked up to repay us snatched from us by
people who have more influence than we have, but who would not do half as much for the
country. But knowing you so long and well, I cannot help but believe that you will reconsider the matter and grant us our applications, for I cannot think you would be a party to
any act that would be so palpably unjust and unfair in taking away by force of official position
the rights of your own constitutents, friends and supporters, and giving that which belongs to
them to a newcomer who already has had granted to him the entire country. In the case at
least of Mr. Thompson's application, it certainly was in you office last spring, and there was
an investigation going on emanating from your office in regard to this claim before June 5th.
This fact is beyond question, and in the light of these facts as they stand, we leave ourselves
in your hands, expecting that fair, square treatment that in the past has been your way of
acting, and what we have always looked for and expected of you. Hoping to hear from you
soon.
I remain, etc.,
Robert Wood.
Victoria, B. C, July 30th,  1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 18th inst.
respecting your application for licenses to prospect for coal over certain lands on Rock Creek
embraced within the reservation established in pursuance of the provisions of the "Columbia
and Western Railway Subsidy Act, 1896."
In reply, I beg to say that the matter has been referred to the Attorney-General's Department for consideration and report.
I have, etc.,
Geo. B. Martin,
Chief Commissioner of L. and W.
Robert Wood, Esq., Greenwood City, li. C.
Victoria, B. O, August 3rd, 1896.
Sir,—The Honourable the Chief Commissioner of Lands and Works desires me to hand
you the enclosed letter from Messrs. Wilson & Campbell on the subject of applications for
Coal Prospecting Licences, situated within the Columbia and Western Railway Company's
land reservation upon which subject you have already advised this Department, and I am to
request you to give the matter such further consideration as you may deem necessary to enable
you to advise me in framing a reply to the letter under consideration.
I have, etc.,
W. S. Gore,
Deputy Commissioner of L. and W.
67.  Smith, Esq.,
Deputy Attorn
•ney-General, Victoria, B. C. 884 Re Applications for Coal Lands, East Yale. 1897
Attorney-Gpjneral's Office,
Victoria, B. C, 13th August, 1896.
W.  S.  Gore, Esq.,
Deputy Commissioner of L. and IE,  Victoria, B. C:
Sir,—In reply to your communication of the 3rd inst., enclosing a letter from Messrs.
Wilson & Campbell on the subject of coal prospecting licenses on lands situate within the
Columbia and Western Railway Company's land reservation, upon which subject I expressed
an opinion on the 4th of July, tilt., I do not find the reasoning contained in Messrs. Wilson &
Campbell's letter strong enough to induce me to alter my opinion.
I notice that an interview to discuss the matter is requested, and possibly it would be
advisable to accede to that request. In my view of the matter it would be best if the Solicitors for the Columbia and Western Railway Company could be heard at the same time, for
whether the licenses are granted or refused, the decision of the Department will be disputed
by one party or the other.
I deem it advisable, therefore, that the Department should have the advantage of having
the case of either side presented in its best light before reaching a decision.
I return your enclosures herewith.
I have, etc.,
Arthur G. Smith,
Deputy Attorney-General.
Victoria, B. C, Aug. 15th, 1896.
The Hon. Chief Commissioner of Lands and Works.
Re James McConnell's Coal Land.
Dear Sir,—We enclose a statutory declaration by Mr. James McConnell, which we submit for your consideration. We respectfully submit under the circumstances, that even if it is
proved that no work has been done recently, a sufficient excuse is shown in the enclosed declaration, viz. :—The incapacity of the lessee through sickness.
Yours truly,
Davie, Pooley & Luxton.
In the matter of a certain application for a coal prospecting license by William T. Thompson, for certain lands situate on Rock Creek, in Osoyoos District, and in the matter of a certain
lease covering a portion of such lands, granted by His Honour the Lieutenant-Governor in
Council, to one James McConnell on or about the 1st day of December, A. D. 1893.
1. I, James McConnell, of Rock Creek, Kettle River, Osoyoos District (but at present in
Victoria), Province of British Columbia, do solemnly declare that I am the holder of a lease
from the Government of British Columbia, over certain lands dated on or about the 1st day of
December, 1893, over which a prospecting license is now applied for by W. T. Thompson.
2. I have expended upon the said land in prospecting for coal considerably more than one
thousand dollars, and fully complied with the terms of said lease up to the 1st day of January,
1893.
3. That I became afflicted in my eyes and had to give up working the said lands, and my
eyes continued to get worse until I became totally blind.
4. I have been under medical treatment for my eyes for about three years past, first under
Doctors Davie and Jones in Victoria, and afterwards I proceeded to San Francisco, California,
and was under treatment there for two years, and the doctors there only operated on my eyes
some sixteen days ago, and for this reason alone, I have been unable to proceed with my working on the said lands, and have not been able to comply with the working clause of the said
lease. 60 Vict. Re Applications for Coal Lands, East Yale.
5. Though I have been absent as aforesaid from my said leased lands, I have always kept
the rent due under the said lease fully paid up, and I am still desirous of being allowed to hold
my said lease, and work thereunder continuously according to the terms thereof.
And I make this solemn declaration, conscientiously believing it to be true, and knowing
it is of the same force and effect as if made under oath, aud by virtue of the "Canada Evidence
Act,  1893."
Declared before me at Victoria this 5th day of August, A D. 1896,1
A.  P.   LUXTON, J- J AMES    McCoNNELL.
Notary Public in and for the Province of />. C. i
Victoria, B. C, August 17th, 1896.
Sir,—Referring to former correspondence, I beg to inform you that the Government, after
due consideration, have decided not to cancel Mr. James McConnell's lease of certain coal lands
in Osoyoos District.
I have, etc.,
Geo. B. Martin,
Chief Commissioner of L. and W.
W. T. Thompson, Esq.,
Midway, B. G.
Victoria, B. C, August 17th,  1896.
Gentlemen,—Referring to former correspondence, I beg to inform you that the Government, after due consideration, have decided not to cancel Mr. James McConnell's lease of
certain coal lands in Osoyoos District.
I have, etc.,
Geo.  B. Martin,
Chief (bmmissioner of L. and W.
Messrs.  Wilson & Campbell,
Barristers, etc.,  Vancouver, B. C.
Vancouver, B.C., Sept  11th, 1896.
Hon.   G.  li.  Martin,  Esq.,
Victoria, B.C.
Dear Sir,—We beg to invite your attention to the enclosed advertisement advertising
for the purchase of land in the Osoyoos Division of Yale District, and we may perhaps be permitted to mention that the application covers part of the lands for which we have already
applied for coal prospecting licenses. Under these circumstances we, hope that the Department  will not accept the application without hearing what we have to say in opposition to it.
We have, etc.,
Wilson & Campbell.
Victoria, B.C., September 17th,  1896.
Gentlemen,—1 have the honour to acknowledge the receipt of your letter of the 11th
inst., objecting to Wm. G McMynn's application to purchase lands in Osoyoos Division of
Yale District described in his notice of the 6th of July last, on the ground that it covers
lands over which you have applied  for licenses to prospect for coal.
I have, etc.,
W. S. Gore,
Deputy Commissioner of L. and  W.
Messrs.   Wilson & Campbell,
Barristers, etc.,   Vancouver,  B.C. 886 Re Applications for Coal Lands, East Yale. 1897
Victoria, B   C, September 17th,  1896.
Sir,—Messrs. Wilson & Campbell, of Vancouver, have filed an objection to the application of Mr. W. G McMynn to purchase lands in your district, described in his notice of the
6th July last, on the ground that it covers part of the lands over which they applied for
licenses to prospect for coal.
I beg to call your attention to the fact that the "Land Act" does not admit of a less
quantity than 160 acres of unsurveyed land being sold except where such area cannot be
obtained.
Mr. McMynn's notice of application to purchase is for 80 acres only, and for that reason
alone the application could not be accepted.
I have, etc.,
W. S. Gore,
Deputy Commissioner of L. and W.
L.  Norris,  Esq.,
Government Agent,   Vernon, li. G.
Vernon,  B.  C, September 21st,   1896.
W.  S.   Gore,  Esq.,
Deputy Commissioner of L. and IE, Victoria, B. C.:
Sir,—I beg to acknowledge the receipt of your letter of the 17th instant, re application
of Mr. W. G. McMynn to purchase 80 acres of land in Township 68, Osoyoos.
In reply, I beg to say that Mr. McMynn has paid nothing on this land.
I have, etc.,
L. Norris,
Government Agent.
Victoria, B.C., October 1st,  1896.
Re Coal Prospecting Licenses,  Osoyoos District.
Gentlemen,—I beg to refer you to my letter of 15th August. As you have taken no
further steps in this matter I infer that it is not your intention to do so, and will be glad to
hear from you that such is the case.
Applications have been made to purchase some of the lands in question under the provisions of the. ' Columbia & Western Railway Subsidy Act, 1896," and I am not aware of any
reason why they should not be granted.
I have, etc.,
W. S. Gore,
Deputy   Commissioner of L.  and   W.
Messrs.   Wilson & Campbell,
Barristers,  etc.,   Vancouver,   B.C.
Vancouver, B.C.,   15th Oct.,   1896.
Re Coal Prospecting  Licenses, Osoyoos District.
W. S.  Gore,  Esq.,
Deputy Commissioner of Lands and   Works,   Victoria.
Dear Sir,—Your favour of the 1st inst. was received some time ago, but owing to our
absence remained unanswered until now. 60 Vict. Re Applications for Coal Lands, East Yale. 887
Our clients certainly do not abandon what they conceive to be their right to have these
licenses issued to them. It was suggested that we have a conference with Mr. Heintze's solici
tors, Messrs. Eberts & Taylor, who have been absent some time, with a view of arriving at
some amicable arrangement. It may be that our clients will take proceedings at law to settle
tins question, but until the matter is finally abandoned we venture to think that it would be
harsh treatment to grant applications for purchase which, we understand, has been made under
the provisions of the "Columbia & Western Railway Subsidy Act, 1896."
Yours truly,
Wilson & Campijell.
victoria, b. c. :
Printed by Richard Wolkjsxdkx, Printer to the Queen's Most Excellent Majesty.
1S97. 

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