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RETURN To a humble Address to His Honour the Lieutenant-Governor, praying him to cause to be laid before… British Columbia. Legislative Assembly 1898

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 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 921
RETURN
To an humble Address to His Honour the Lieutenant-Governor, praying him to cause
to be laid before the House copies of all Orders in Council in any way relating to
the land grant to the Nelson and Fort Sheppard Railway Company; also copies
of all correspondence between any member of the Government and any person or
persons on behalf of or in relation to said Railway Company.
By Command.
D. M. EBERTS,
Attorney-General's Office, Attorney-General.
SOth March, 1898.
Victoria, March 22nd, 1892.
Sir,—I beg to file herewith a map showing the line of the Nelson and Fort Sheppard
Railway, on which are designated by the even numbers 2, 4, 6, 8, 10, 12, the alternate blocks
of land along line of railway selected by the Company in accordance with section 3 of the
"Nelson and Fort Sheppard Railway Subsidy Act, 1892."
I beg to bring to your notice that the total length of the Nelson and Fort Sheppard
Railway (as you will see by the maps therewith) is about 61 miles.
By the " Nelson and Fort Sheppard Railway Subsidy Act" the Nelson and Fort Sheppard Railway Company is granted 10,240 acres of land per mile for every mile of road built,
which will make the total acreage to which the Company is entitled, approximately 624,640
acres.
I beg to point out that it is an impossibility to acquire this acreage in alternate blocks
along the line of railroad, and to ask that the Company may be granted the right of selecting
elsewhere in the West Kootenay District, in blocks of not less than one mile square, such an
acreage, as with alternate blocks along line of railroad, will make up the full acreage of 10,240
acres per mile for every mile of road built.
A.s an additional reason for making this request, I beg to represent to you that a very
small proportion of the land in the blocks along the railroad is of any value except for the
mineral that may be contained in it, from the benefits of which the Railway Company is
excluded.
I have, etc.,
(Signed)        C. T. Dupont,
President Nelson and Fort Sheppard Railway.
The Hon. F. G. Vernon,
Chief Commissioner of Lands and Works,
Victoria.
Waneta, B. C, July.21st, 1893.
Hon. F. G. Vernon,
Chief Commissioner of Lands and Works,
Victoria.
Dear Sir,—I send to-day under separate cover maps in triplicate, showing land selected
in blocks by the Nelson and Fort Sheppard Railway Company.
Yours truly,
(Signed)       E. J. Roberts,
Chief Engineer. 922 Nelson and Fort Sheppard Railway Land Grant. 1898
Victoria, B. C, August 4th, 1893.
Sir,—I have the honour to acknowledge the receipt of maps in triplicate showing the
land selected in blocks by the Nelson and Fort Sheppard Railway Company.
Herewith I return one copy of the plan upon which has been marked the position of lands
which have been alienated so far as it is possible for us to locate them. A list of said lands is
also appended.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
E. J. Roberts, Esq.,
Chief Engineer Nelson and Fort Sheppard Railway Company,
Waneta, B. G.
Victoria, March 5th, 1894.
Sir,—I have the honour of enclosing a blue print map showing a proposed change in the
lines of the Nelson and Fort Sheppard land grant blocks, with an explanatory letter from Mr.
Roberts, chief engineer of the Company, of the reasons for the proposed change.
If acceptable to you, I beg to ask your assent to the substitution of this plan for the one
now on file in your department.
I have, etc.,
(Signed)        C. T. Dupont,
Vice-President Nelson and Fort Sheppard Railway.
The Hon. F. G. Vernon,
Chief Commissioner of Lands and Works,
Victoria.
Spokane Station, February 22nd, 1894.
D. C. Gorbin, Esq., President Nelson and Fort Sheppard Railway :
Dear Sir,—I send you a map showing a proposed change in the external lines of the
Nelson and Fort Sheppard Railway land blocks. The change is made with a view of establishing one standard line from the south line of Block 2 to the International Boundary, which
line shall be the boundary between Blocks 3 and 4, 5 and 6, and 7 and 8, and also be the
eastern boundary of Blocks 10 and 11.
This arrangement will both simplify the surveying and description of the lands embraced
in them. This change will not effect any change in the character of the lands from those in
blocks as originally selected.
Yours truly,
(Signed)        E. J. Roberts.
Victoria, B.C., April 14th, 1894.
Sir,—Referring to your letter of the 5th ultimo, I beg to inform you that the substitution
of the plan enclosed with said letter for that previously filed by your Company in this office is
assented to.
I have, etc.,
(Signed)        F. G. Vernon,
Chief Commissioner of Lands and Works.
C. T. Dupont, Esq., Vice-President,
Nelson and Fort Sheppard Railway,
Victoria, B. C. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 923
Victoria, April 27th, 1894.
The Hon. the Chief Commissioner of
Lands and Works, Victoria, B. C.
Sir,—The alternate blocks of land along the line of the Nelson and Fort Sheppard Railway, each 16 miles by 6 in extent, do not contain the area that the Company is entitled to
under its Land Subsidy Act, namely, 10,240 acres per mile of road constructed.
As you will remember, this question was brought before the Hon. the Attorney-General
and yourself, and the other Ministers of the Crown, in the Executive Council Chambers, by
Mr. D. C. Corbin, when the Hon. the Attorney-General decided that the Company by its Land
Subsidy Act would be entitled to select elsewhere in the West Kootenay District areas of
land to make up the shortage in the area along the line of railway.
I beg to ask your official sanction to make such selections in blocks of not less than two
miles square, as the time is limited by the Act in which the selection must be made, and the
Company desires to utilise the summer months in exploring for the land.
I have, etc.,
(Signed)        C. T. Dupont,
Vice-President Nelson and Fort Sheppard Railway.
Spokane Station, May 4th, 1894.
W. S. Gore, Esq., Deputy Commissioner,
Lands and Works, Victoria, B. C:
Dear Sir,—As I expect very soon to begin the survey of the Nelson and Fort Sheppard
land grant, I would be pleased to have you forward me instructions regarding the survey of
same. Will you require us to put in stakes or monuments at other places, other than the
corners of the tracts selected by us ? I presume it would be best to use the International
Boundary and the line of the Nelson and Fort Sheppard as base lines to work from.
Yours very respectfully,
(Signed)        E. J. Roberts,
Chief Engineer Nelson and Fort Sheppard Railway.
Victoria, B. C, July 19th, 1894.
Sir,—Referring to your letter of the 4th May last, asking for instructions relative to the
survey of the Nelson and Fort Sheppard Railway land grants, I have the honour to enclose a
tracing which shows the blocks of land which have been selected by the Company and their
proposed subdivision into townships and sections, also a memo from the Surveyor-General
bearing on the manner of conducting the survey.
For the purpose of issuing Crown grants in favour of the Company it will be necessary to
survey and define upon the ground the exterior boundary lines of each block (of 6 miles by 16
miles) so far as may be practicable, and where from the nature of the ground portions of such
lines cannot be run, then the nearest practicable section lines must be run in lieu thereof.
Legal posts must be planted every mile and property scribed with the number of the sections
and townships they are intended to define the corners of.
Your surveys must be carried out by Provincial Land Surveyors who are approved of by
this Department. When you advise me whom you have employed for this service I will give
them more particular instructions.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
E. J. Roberts, Esq., C.E.,
Chief Engineer Nelson and Fort Sheppard Railway,
Spokane, Wash. 924 Nelson and Fort Sheppard Railway Land Grant. 1898
Memorandum to accompany Plan of Nelson and Fort Sheppard Railway Blocks.
Owing to the mountainous character of these blocks of land, the base and correction lines
probably cannot be run continuously upon the ground. It is therefore suggested that the line
of the Nelson and Fort Sheppard Railway be adopted as a base from which any required
section post may be planted. Still it is advisable that the boundaries of the blocks be, in all
practicable cases, marked upon the ground in order that the grants may be issued.
The Dominion Manual of Survey, published in 1892, explains, under the head of the
Third System, a method which is sufficiently approximate to the one here adopted. It is
pointed out, however, that the 49th parallel is made the first base in the Dominion system,
while it is adopted as the first correction line in the latter. Also, it must be noticed that the
tables in the Manual are computed for townships, which measure 489 chains from east to west
by 483 chains from north to south.
The townships in this Province have no road allowances between the sections, and consequently measure 480 chains each way. This distance is slightly increased or decreased to
allow for the divergence and convergence of meridians. The latitude of the first correction
line of the Dominion system is consequently three chains higher than that of our first base,
but the errors resulting from the adoption of the Dominion tables are so slight as to be
inappreciable when the limits of the survey are not extended beyond those shown upon the
accompanying plan. The system of ranges is abandoned, and the townships are numbered
consecutively from seven upwards.
The distances on the bases, correction lines and intermediate outlines are given upon the
plan. All the sections measure 80 chains from north to south, with the exception of those
adjacent to the correction lines, which will receive any surplus or deficiency in chaining north
and south from the bases.
(Signed)        Tom Kains,
Sur veyor-G eneral.
New York, Aug. 15th, 1894.
Hon.  W. S. Gore, Deputy Commissioner,
Victoria, B. C.
Sir,—It is my intention to commence the survey of block (12) twelve of the land granted
to this Company, as designated by the map filed in your office, within the next twenty days,
and as soon as same is completed to apply to your Government for a Crown grant therefor;
and in this connection desire to say that I would like to have the work done by the firm with
which your brother is connected, or under its supervision. I have had numerous applications,
direct and otherwise, from licensed surveyors of B. C, but only happen to know one of them,
who has done some work in which I was interested, individually, but prefer an arrangement as
indicated if it can be done.
We have thoroughly competent men to do the work in the field, and I would suggest that
they do it under the direction of a B. C. engineer or surveyor, who could make the proper
certificate to your department, for which service the Company would pay him an agreed price.
We shall only survey this one block probably this season on account of the very dull times,
&c, cfec, but will doubtless complete the survey next year.
I expect to leave for Spokane very shortly, and shall feel obliged if you will direct your
answer to that place in order to save time.
Yours truly,
(Signed)        D. C. Corbin.
Victoria, B. O, August 24th, 1894.
Sir,—I have the honour to acknowledge the receipt of your letter of the 15th inst., and
in reply beg to say that Messrs. Gore, Burnett & Co. will be at once instructed with regard to
the survey of block twelve (12) of the land granted to your Company. Mr. T. S. Gore, of
that firm, will leave for Spokane upon receipt of advice from you to that effect.
I have, &c,
(Signed)        W. S. Gore,
D. C. Corbin, Esq., Deputy Commissioner of Lands and Works.
President Nelson & Fort Sheppard Railway Co.,
Spokane, Wash. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 925
Victoria, B.C.,
January 9th, 1895.
Hon. G. B. Martin,
Chief Commissioner of Lands and Works, Victoria.
Sir,—In accordance with the Act of the Provincial Legislature of April 8th, 1892, granting to the Nelson & Fort Sheppard Railway Co., upon conditions therein specified, certain
lands in West Kootenay District, I beg hereby to make application for, and ask that a Crown
grant may be issued to the said Company for Block (12) twelve of the lands selected, and
designated by map filed with your Department on January 26th, 1893, as required by section
three (3) of said Act.
I have also to request that a Crown grant may be issued to the Company for nineteen
hundred and twenty (1,920) acres of land in lieu of part of the land alienated in said Block
(12) twelve, which nineteen hundred and twenty (1,920) acres of land is designated or
described as follows :—
The west half of Section (1) one, the whole of Sections two (2) and three (3), and the east
half of Section four (4), in the projected Township north of adjoining Township (9) of said
Block twelve (12), which said land is shown by the map or tracing herewith enclosed. The
favour of early action on your part is respectfully requested, as it is important to the Company
to have its title to said Block twelve (12) and the additional nineteen hundred and twenty
(1,920) acres, as designated.
Yours respectfully,
(Signed)        C. T. Dupont,
Vice-President Nelson & Fort Sheppard. Railway.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 17th day of January, 1895.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 10th November, 1895, recommending that Crown grants be issued in favour of the
Nelson ck Fort Sheppard Railway Company for such of the lands situated in alternate blocks
along the line of their railway, or for such lands as may be required to make up deficiency in
area within the said blocks, which they have selected and surveyed, and to which they are
entitled under the provisions of the "Nelson & Fort Sheppard Railway Subsidy Act, 1892."
The Committee advise approval.
Certified.
A. Campbell Reddie,
Deputy Clerk Executive Council.
Victoria, B.C.,
January 19th, 1895.
Sir,—Referring to your letter of 9th inst., making application, on behalf of the Nelson
& Fort Sheppard Railway Company, for a Crown grant to Block twelve (12) of the lands
selected under authority of the Subsidy Act of 1892, and also for a grant of 1,920 acres
adjoining in lieu of lands alienated in said block, I have the honour to inform you that a
Crown grant to Block twelve (12) will be prepared and issued with the least possible delay.
A Crown grant to the 1,920 acres referred to cannot be issued until after it has been
properly surveyed and defined upon the ground.
I have, etc.,
■ Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
Major G. T. Dupont,
Vice-President Nelson & Fort Sheppard Railway,
Stadacona, Victoria, B.C. 926 Nelson and Fort Sheppard Railway Land Grant. 1898
Spokane, Washington, March 6th, 1895.
Hon. W. S. Gore,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Sir,—I enclose herewith field-notes of J. F. Ritchie, Provincial Land Surveyor, of the
survey of the west half of Section 1, Sections 2, 3, and east half of Section 4, Township 28;
also Sections 10, 11, 14 and 15, Township 28, West Kootenay. These lands have been selected
by this Company in lieu of lands alienated in Block 12, and I desire, in behalf of the Nelson
and Fort Sheppard Railway Company, to make application for a Crown grant for the lands
designated, embracing in all 4,480 acres. I will feel very much obliged if you will get this
matter through your office and send me a Crown grant as soon as possible; and will you kindly
let me know when that will be. I am looking now daily for a Crown grant for Block 12,
which you advised me on the 22nd ult. you would forward in about one week from that time.
Respectfully yours,
(Signed)        D. C. Corbin,
President.
Victoria, B. O, March 19th, 1895.
Sir,—I have the honour to acknowledge the receipt of your letter of the 6th inst.,
enclosing Mr. Ritchie's field-notes of the survey of certain lands north of and adjoining
Block 12.
The survey will be at once plotted and a Crown grant issued with the least possible delay.
The Crown grant to Block 12 was handed to Major Dupont last Saturday.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson and Fort Sheppard Railway Company,
Spokane, Wash.
Victoria, B. C, March 20th, 1895.
Sir,—I have the honour to request (on behalf of the Directors of the Nelson and Fort
Sheppard Railway Company) that the Nelson and Fort Sheppard Railway Company be
authorised by an order of His Honour the Lieutenant-Governor in Council to select unalienated and unappropriated Crown lands in the District of West Kootenay, in blocks of not less
than two miles square, to such an extent in the aggregate as will, with the alternate blocks
along the line of railway of six miles by sixteen miles, provided for in the Company's "Land
Subsidy Act," to be taken by the Company, complete the total area of 10,240 acres per mile of
road constructed to which the Company is entitled.
I have, etc.,
(Signed)        C. T. Dupont,
Vice-President Nelson and Fort Sheppard Railway.
Copy of a Report of a Committee of the Honourable the Executive  Council, approved by His
Honour the Lieutenant-Governor on the 29th day of March, 1895.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 21st March, 1895, reporting :—
That under the provisions of the " Nelson and Fort Sheppard Railway Subsidy Act,
1892," the Railway Company are entitled to a grant of lands in West Kootenay District
amounting to 10,240 acres per mile of railway constructed : 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 927
That the length of the railway so constructed between the International Boundary and
the eastern boundary of the Town of Nelson is (about) sixty miles (60), the Company are
therefore entitled to (about) 614,400 acres :
That the alternate blocks of land along the line of railway selected by the Company
under the "Subsidy Act" are six in number, and comprise an area of 368,640 acres, which,
being deducted from the area the Company are entitled to, leaves a balance of (about) 245,760
acres to be taken up elsewhere.
The Minister recommends that the Railway Company be authorised to select and survey,
within the time limited by the " Subsidy Act," unalienated and unappropriated Crown lands
in the District of West Kootenay, in blocks of not less than two miles square, to such an
extent in the aggregate as will, with the alternate blocks along the line of railway above,
referred to, make up the total area of 10,240 acres per mile of road constructed to which they
are 'entitled.
The Committee advise approval.
Certified
A. Campbell Reddie,
Deputy Clerk Executive Council.
Victoria, B. C, April 1st, 1895.
Sir,—I have much pleasure in advising you that His Honour the Lieutenant-Governor
in Council has been pleased to approve a minute recommending that the Nelson and Fort
Sheppard Railway Company be authorised to select and survey, within the time limited by
the " Subsidy Act," unalienated and unappropriated Crown lands in the District of West
Kootenay, in blocks of not less than two miles square, to such an extent in the aggregate as
will, with the alternate blocks of land along the line of railway, make up the total area of
10,240 acres per mile of road constructed to which the company are entitled.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
Major Dupont,
Vice-President Nelson and Fort Sheppard Railway,
Stadacona, Victoria, B. C.
Victoria, B. O, October 18th, 1895.
Sir,—I have the honour of enclosing a blue print showing selections of land made by the
Nelson and Fort Sheppard Railway Company, on account of the deficiency of the land subsidy
granted the Company in the alternate blocks along the line of the railway, in accordance with
authority of Order of His Honour the Lieutenant-Governor in Council, of which by letter from
your Department dated April 1st, 1895, I was duly apprised.
The land now selected is :—
Six miles square in the western portion block 3.
All of block five.
Four miles by six miles immediately adjoining and west of block 5.
Four miles by six miles in the western portion block 7.
Six miles by eight miles adjoining and west of block 8.
Six miles by twelve miles in block 9.
Two miles by six miles adjoining and east of block 10.
I beg to enclose a letter from Mr. D. C. Corbin, President of the Nelson and Fort Sheppard Railway, giving the reasons for the above selection, and will be much obliged if you will
inform me that the selection has your approval.
I have, etc.,
(Signed)        C. T. Dupont,
Vice-President Nelson and Fort Sheppard Railway.
Hon.  G. B. Martin,
Chief Commissioner Lands and Works,
Victoria. 928 Nelson and Fort Sheppard Railway Land Grant. 1898
Victoria, B. C, October 19th, 1895.
Sir,—The Government are desirous of conferring with you on the subject of your letter
of yesterday's date.    Can you make it convenient to call at my office on Monday at 2:30 p.m.?
I have, etc.,
(Signed)        Geo. B. Martin,
Chief Commissioner of Lands and Works.
Major Dupont,
Stadacona, Victoria, B. C.
Nelson, October 24th, 1895.
Sir,—Referring to my letter of the 18th inst. informing you of the selection of land made
by the Nelson and Fort Sheppard Railway Company in accordance with authority of Order
in Council communicated to me by letter from your Department, dated April 1st, and
to the interview with yourself and other members of the Government to which you
were good enough to invite me by your letter of the 19th inst., and to information given
me at that interview, that the Government had promised to grant 2,000 acres per mile
to a company building a tramway from Rossland to Trail, to be selected by that Company
on the west side of the Columbia River, between the boundary line and a line protracted
westerly from the latitude of the Town of Robson, and to the question raised as to whether in
consequence of this promised grant to the tramway company the blocks of land west of the
Columbia River selected by the Nelson and Fort Sheppard Railway Company can be granted
to the Company, I beg very respectfully to call your attention to the following facts :—
First—The Nelson and Fort Sheppard Railway Company have made their selection of
their land designated in my letter of the 18th inst., by authority of the Order in Council
communicated to me by letter of your Department of April 1st last.
Second—There has been no reserve placed upon the land in question for the purposes of
the promised grant to the Tramway Company :
Third—The blocks of land selected by the Nelson and Fort Sheppard Railway Company
do not embrace the whole of the area in which the Tramway Company are to select their land,
but there will remain an ample area for the acreage to which the Tramway Company will be
entitled :
Fourth—The Nelson and Fort Sheppard Railway Company have fully complied with the
requirements of their charter and are fully entitled to the land subsidy granted by the Legislature, and to the selection of it within the limits authorised by the Order in Council of which
they have had notice.
Fifth—The Nelson and Fort Sheppard Railway Company have built more miles of railway than any other company in the Kootenay District and have unquestionably greatly aided
in the development of that district.
I most respectfully submit that on the above mentiond grounds, the Nelson and Fort
Sheppard Railway Company are entitled to the land selected as per my letter of the 18th inst.
No notice has ever been given, either publicly or to the Company, of the withdrawal or
reserve of the area in question, and while the Tramway Company may lie entitled to select
2,000 acres per mile of tramway constructed, it is clear that this selection cannot be made of
land previously selected by the Nelson and Fort Sheppard Railway Company unless the
authority of the Order in Council to make their selection communicated to the Nelson and
Fort Sheppard Railway Company is to be ignored. I most respectfully, therefore, maintain
the right of the Nelson and Fort Sheppard Railway Company to the selection designated in
my letter of the 18th inst., and beg the favour of your confirmation of this selection.
I am, etc.,
(Signed)        C. T. Dupont,
Vice-President Nelson and Fort Sheppard Railway Company.
The Hon. G. B. Martin,
Chief Commissioner of Lands and Works. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 929
Victoria, B. C, October 31st, 1895.
Sir,—The Government have had under consideration your letters of the 18th and 24th
inst., referring to the selection of land made by the Nelson and Fort Sheppard Railway
Company on account of the deficiency in area in the alternate blocks of land along the line of
the railway.
I am to inform you that the selection of land meets with approval with the exception of
the three parcels described as follows, viz.:—
The parcel 4 miles by 6 miles immediately adjoining and west of Block 5; the parcel 6
miles by 8 miles adjoining and west of Block 8 ; and the parcel 6 miles by 12 miles in Block 9.
The land embraced by these three parcels forms part of a tract which had been set apart
prior to the receipt of your application for the Trail Tramway Company to select land aggregating 2,000 acres per mile of road which may be constructed by them. After such selection
has been made the Nelson and Fort Sheppard Railway may, if they so desire, take the
remainder of the land in the said three parcels.
I have, etc.,
(Signed)        Geo. B. Martin,
Chief Connnissioner of Lands and Works.
Major Dupont, Vice-President,
Nelson and Fort Sheppard Railway Company,
Stadacona, Victoria, B. G.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 29th day of April, 1896.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 25th April, 1896, enclosing a copy of a letter from the Deputy Attorney-General, in
which he advises that a Crown grant, No. 526/75, issued to the Nelson & Fort Sheppard Railway Company for lieu lands, be recalled and amended in certain particulars.
The Minister recommends that the course advised by the Deputy Attorney-General be
followed.
The Committee advise approval.
Certified.
A. Campbell Reddie.
Deputy Clerk Executive Council.
Attorney-General's Office,
Victoria, B.C., 24th April, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria.
Sir,—In further reference to your communication of the 4th March last, to which I
replied on the 14th idem, disposing of the question raised in Mr. Farwell's letter to you of
even date therewith, I have now, as I then promised, to answer the question raised in that
gentleman's letter of the 3rd March ult.
The answer to this question I apprehend to involve the consideration of the construction
to be placed upon section 5 of the "Nelson & Fort Sheppard Railway Subsidy Act, 1892,"
and of the rights reserved to free miners under that Act.
The conclusion arrived at by the Hon. the Attorney-General is that all locations made
by free miners prior to the 11th March, 1895, which is the date upon which the Company
filed with your Department their notice of selection and field notes showing the lands which
they had selected under the provisions of section 5 (conmonly called "lieu lands"), have
precedence over the selection of the Company, and should therefore be excluded from the lands
granted to it.
This principle was adopted by your Department in issuing Crown grant No. 522/75, but
I understand in the issue of Crown grant No. 526/75 a different course was followed, such 930
Nelson and Fort Sheppard Railway Land Grant.
1898
mineral claims only being excepted as were located prior to the 23rd March, 1893, whereas all
claims should have been excepted which were duly located prior to the 11th March, 1895.
In pursuance of the above, I have to recommend that you procure the authority of an
Order in Council to issue for all mineral claims situated within the lot granted by Grown
grant 526/75, located prior to the 11th March, 1895, a Crown grant in the form provided for
waste lands of the Crown, and to recall the grant heretofore issued to the Company and amend
the endorsement thereon by substituting the above date for the 23rd March, 1895.
In regard to future selections by the Company, the same practice should be adopted, it
being incumbent upon the Company to select vacant Lands and to use due diligence in making
their selection if they wish to obtain priority over free miners who may from time to time
locate mineral claims.
The question raised in Mr. Farwell's letter as to the lapsing of the reserve is not, I think,
involved in the decision of the question now raised, as the reserve does not in any way affect
the holders of mineral claims.
I return herewith Mr. Farwell's letters of the 3rd and 4th March last.
I have, etc.
(Signed)        Arthur G. Smith,
Deputy Attorney-General.
Enclosures.
Victoria, B. C, May 2nd, 1896.
Sir,—Referring to your communication of 6th March, 1895, and to the Crown grant
issued to the Nelson & Fort Sheppard Railway Company in response thereto, I have the honour
to state that the legality of the said grant having been called in question, the matter was
referred to the Attorney-General's Department for advice.
The reply from the Deputy Attorney-General is concurred in by His Honour the
Lieutenant-Governor in Council, and an Order has been approved directing that Crown grant
No. 526/75, dated April 8th, 1895, be recalled, and the endorsement thereon amended as
advised, and as set out in the copy of the letter from the Deputy Attorney-General, which is
enclosed herewith for your information.
I have, therefore, the honour to request that you will kindly return the Crown grant in
question to me at an early date.
I have, <fec,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson & Fort Sheppard Railway Co.,
Spokane,  Wash.
Spokane, Wash., June 3rd, 1896
Honourable George B. Martin,
Commissioner of Lands and Works,
Victoria, B. C.
Sir,—Referring to your letter of the 31st October, 1895, addressed to Major Dupont,
Vice-President of the Nelson & Fort Sheppard Railway Company, in which you informed me
that his selection of certain lands—see his letters of the 18th and 24th October, 1895,—met
with the approval of your Department, with the exception of the three parcels described as
follows:—"The parcel 4 miles by 6 miles immediately adjoining and west of block 5; the
parcel 6 miles by 8 miles adjoining and west of block 8; the parcel 6 miles by 12 miles in
block 9." You advised him that these three parcels formed a part (to quote from your letter)
"of a tract which had been set apart, prior to the receipt of your application, for the Trail
Tramway Company to select lands aggregating 2,000 acres per mile of road which may be
constructed by them."
These three parcels aggregate 92,160 acres. I believe the length of the tramway from
Trail to Rossland is 12 miles; hence they would be entitled to 24,000 acres, leaving a balance 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 931
of 68,160 acres of the land applied for by Vice-President Dupont to which we are entitled
according to your letter above referred to, and we have to ask that the Tramway Company
be required to select its lands at an early day, inasmuch as we have made all our arrangements to go on and complete the survey of our grant during the present season, and it is
necessary that we should know the location of the lands selected by them.
This Company is entitled, under the terms of its land grant, to 10,240 acres
of land for each mile of road constructed, and the mileage of the Nelson & Fort
Sheppard Railway is sixty miles, which would give the Company 614,400 acres.
The six alternate, even-numbered blocks selected by the
Company, viz.: 2, 4, 6, 8, 10, 12, contain 368,640 acres.
Additional lands applied for by the Vice-Presideir t of this
Company, as above referred to and granted by your Department,
with the exceptions noted herein, described in detail as below:—
All of block 5,      containing     61,440 acres.
West \ of Block 3,      „     30,720     ,r
West I of Block 7,      ,.     30,720     ,.
A tract 6 miles by 8 miles immediately south
of the west \ of Block 7, containing    30,720     n
Tract in Block 9, as per Crown grant issued
this Company, containing       4,460     n
■ 158,060 acres.
Lands applied for by the Vice-President of this Company,
as hereintofore mentioned    68,160     n
Total number of acres selected to date. 594,860
Leaving balance due this Company still to be selected    19,540
I shall feel obliged if you will let me have an early reply.
Yours, respectfully,
(Signed)        D. 0. Corbin,
President.
Victoria, B. C, June 4th, 1896.
Sir,—I understand that with a view to minimize the cost it is the desire of the Nelson ck
Fort Sheppard Railway Company to have the remainder of the lands which have been selected
under authority of their Land Subsidy Act surveyed in one block, and to establish and define
on the ground the exterior boundaries of said block, and not to run the boundary lines of the
separate parcels which were selected at two different dates, viz., 23rd March, 1893, and 18th
October, 1895.
If such is the case no objection will be offered to your having the lands so surveyed in
one block, but in that case it must be understood that in issuing a Crown grant to said lands
the Company's title can only relate back to the date of the last selection, and an endorsement
to that effect will be made upon said Crown grant.
I have, &c,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
D. C. Corbin, Esq,,
President Nelson & Fort Sheppard Railway,
Spokane, Wash.
Spokane, Wash., June 8th, 1896.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Dear Sir,—I have your letter of the 4th inst., per hand of Mr. H. Burnett.    I understand from this letter that the lands comprised in each selection made by this Company must 932 Nelson and Fort Sheppard Railway Land Grant. 1898
be surveyed separately in order that the title may relate back to the date of such selection,
for instance, the title to the even-numbered blocks comprised within the reservation as originally selected, will relate back to the date of such selection, March 23rd, 1893, and the same
with relation to the additional lands indicated by the Vice-President of this Company to your
Department under date of October 18th, 1895, etc., etc. Am I correct about this? Please
advise me.
I addressed a letter to the Honourable Commissioner of Lands and Works on the 3rd
inst., covering further selections of land on account of our grant, and as Messrs. Gore and
Burnett are now on the ground prepared to go on with the surveys, it is important that I
should have an answer to my application at as early a date as possible.
Yours respectfully,
(Signed)        D. C. Corbin,
President.
Victoria, B. C, June 9th, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 3rd inst, and in
reply beg to say that the Government having had under consideration a communication from
the Trail Creek Tramway Company, dated 18th September, 1895, touching the construction
of said tramway and asking for aid in the undertaking, the Company were advised by letter
dated 25th September last, from the Honourable the Provincial Secretary, that if the Company carried out the project in a substantial manner, the Government would recommend that
a Bill be introduced giving to the Company 2,000 acres-of land per mile of road constructed,
out of a block lying between the northern boundary of the land granted to the Nelson and
Fort Sheppard Railway Company under Crown grant No. 522, vol. 75, and a line drawn east
and west through the Town of Nelson. This block of land was consequently set apart for the
above purpose and it was not open for your Company to select lands out of.
Subsequently the Tramway Company were requested to make their selection of said lands;
this they did on 12th February and 16th March last.
Before this selection had received consideration by the Government the Trail Creek Tramway was merged into the Columbia and Western Railway, and a Bill was introduced granting
a land subsidy to the latter, which, inter alia, swallowed up the proposed grant to the former.
The lands under this " Subsidy Act " have been formally reserved and set apart as per
Gazette notices, copies of which are hereto annexed.
You will therefore see that there is no land remaining from the three parcels alluded to
in my letter to Major Dupont of 31st October last, which is available for your purposes.
I have, etc.,
(Signed)        Geo. B. Martin,
Chief Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson and Fort Shejipard, Railway Company,
Spokane,   Wash.
Victoria, B. C , June 11th, 1896.
Sir,—I have the honour to acknowledge the receipt of your letter of the 8th inst., re
survey of lands selected by your Company.
In reply, I beg to say that your  understanding in  rny  letter of  4th  inst.   is  correct as
expressed in your reply of 8th inst.
The Honourable the Chief Commissioner of Lands and  Works  has replied   to your communication of 3rd inst.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson and Fort Sheppard Raihvay Company,
Spokane, Wash. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 933
Spokane, Wash., June 19th, 1896.
Hon. G. B. Martin,
Chief Commissioner of Lands and Works,
Victoria, B. C.
Sir,—I beg to acknowledge receipt of your letter of the 9th inst., re the selection of lieu
lands made by this Company, contents of which I have carefully noted. I regret to say that
I am unable to take the same view of the matter held by your Department, as I do not think
it is fair or just to this Company ; consequently I have referred the matter to our solicitors,
Messrs. Bodwell & Irving, of Victoria, who will communicate with you upon the subject.
Yours respectfully,
(Signed)        D. C. Corbin,
President.
Victoria, B. C, June 25th, 1896.
Sir,—We are in receipt of a letter from Mr. Corbin, in which he refers to a communication of yours of the 9th instant relating to the selection of lieu lands made by the Nelson and
Fort Sheppard Railway Company. We should be glad if you would be good enough to furnish
us, at our expense, with copies of the correspondence in this matter, and also of the letter from
the Provincial Secretary to the Trail Creek Tramway Company relating to the reservation of
lands for the purpose of the tramway,
We wish to address you an official letter upon the subject, setting forth the views of our
clients, but in order to be exact it is necessary that we should have before us the correspondence and documents relating to the matter.
We have, etc.,
(Signed)        Bodwell & Irving,
Solicitors for Nelson and Fort Sheppard Railway.
To the Hon. the Chief Commissioner of Lands and Works,
Victoria.
Victoria, B. C, June 30th, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your letter of the 25th
inst., and, as desired, I send you herewith a copy of a letter to Mr. Corbin, dated 9th inst., re
selection of lieu lands made by the Nelson and Fort Sheppard Railway Company, also copy of
letter from the Provincial Secretary to the Trail Creek Tramway Company, re reservation of
lands for the purposes of the tramway.
I have, etc.,
(Signed)        W.  S.  Gore,
Deputy Commissioner of Lands and Works.
Messrs. Bodwell & Irving,
Barristers, etc.,  Victoria, B. C.
In the matter of the Nelson and Fort Sheppard Railway Company's Lands.
Victoria, B. O, July 3rd, 1896.
Sir,—Your communication to Mr. Corbin dated the 7th June, 1896, in reply to a letter
from him of the 3rd June, 1896, upon the subject of the lands selected by the Nelson and
Fort Sheppard Railway Company in 1895 in lieu of the occupied Crown lands contained in
the alternate blocks taken by them under their " Subsidy Act," has been referred to us in
order that we might, as solicitors, communicate the views of the Company on this subject to
you.
We have the honour to point out that the " Subsidy Act" of the Nelson and Fort Sheppard Railway Company provides that the Company may select areas of land in West Kootenay
to be taken up in lieu of those which they were unable to get along the line of their road. 934 Nelson and Fort Sheppard Railway Land Grant. 1898
Acting in pursuance of their powers under the Act, the Company made a selection of
lieu lands in that district and forwarded a notice of their selection to your Department,
together with a projection upon a plan of the lands so selected on the 18th October, 1895.
At that time, as we respectfully submit, the lands so referred to were not occupied lands.
It is now stated that, by virtue of a letter addressed by the Honourable the Minister of Mines
to T. E. Ward, Esq., for the Trail Tramway Company, dated the 26th September, 1895, a
portion of these lands was set apart for the purposes of the Trail Tramway Company.
We have the honour to direct your attention to the fact, that, at that time, there was no
statute in force which would permit the Government to make the grant. Indeed, the letter
contemplates that these lands can only pass to the Company by virtue of an Act of Parliament,
for it speaks of a Bill to be brought down at the next Session of the House.
Your letter of 7th June, 1896, states that the Trail Tramway Company was merged into
the Columbia and Western Railway Company, and a Bill was introduced granting to that
Company certain lands by way of subsidy; but, if you will refer to the Act upon that subject
which was passed at the last Session of the House, being Bill No. 83 of the present year, you
will observe that the Columbia & Western Railway Company acquired no right to make any
selection of lands until the 16th April of the present year.
The Act does not refer to any selection of lands made previous to the date of the passing
of the Act, but contemplates that the Company shall acquire a grant of lands by steps to be
taken in much the same manner as the Nelson and Fort Sheppard Railway Company and
other companies have been subsidised by this Legislature.
It is perfectly clear that the lands to which we refer could not be conveyed to any person
other than the Nelson and Fort Sheppard Railway Company prior to the passage of the
Columbia & Western Railway Company's Act of last session.
The Nelson and Fort Sheppard Railroad Company, however, had a statutory right to
select these lands, which right they exercised by depositing the plan and survey on the 18th
October, 1895.
It is not even suggested that the Trail Tramway Company made any attempt at a selection of lands before the 12th day of February and 16th March, 1896, so that the Nelson and
Fort Sheppard Railway Company are the first in the field having regard to the dates, and this,
altogether apart from our contention that, as a matter of law, the Trail Tramway Company in
March and February had no right whatever to make the alleged selection.
It was impossible for the Government to grant lands so selected to them except by the
authority of an Act of the Legislature which had not then been introduced into the House.
We request your careful consideration of the matter which we have set out in this letter,
and we beg to formally notify you on behalf of the Nelson and Fort Sheppard Railway
Company that they will insist upon their right to the conveyance of the lands referred to in
the communication of the 18th October, 1895, and we trust that you will give the necessary
directions so that we may at once proceed with the survey and obtain the Crown Grant for
these lands. We have, etc.,
(Signed)        Bodwell & Irving,
Solicitors for the Nelson and Fort Sheppard Railway Company.
To the Hon. the ChieJ Commissioner of Lands and Works,
Victoria, B. C.
Victoria, B.C., September 30th, 1896.
The Chief Commissioner of Lands and Works,
City.
Re Nelson & Fort Sheppard Railway.
Sir,—We have the honour to inform you that our clients, the Nelson & Fort Sheppard
Railway Company, are desirous of registering their title to the lands known as Block 12, and
comprised in Crown grant No. 522/75, and for this purpose it is necessary to prove that the
said lands are not within the exceptions mentioned in the Crown grant. We beg to enclose a
certificate to the effect that no part of these lands were alienated by the Crown prior to the
23rd day of March 1893, or held by any person or persons under or by right of pre-emption or
uncompleted sale, and we shall be obliged if you can make the same.
We have, etc.,
(Signed)       Bodwell & Irving. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 935
Victoria, B.C.,
October 10th, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your communication of
the 30th ultimo, stating that your clients, the Nelson cfe Fort Sheppard Railway Company, are
desirous of registering their title to the lands known as Block 12, and comprised in Crown
grant No. 522, Vol. 75, and pointing out that for that purpose it is necessary to prove that
the said lands are not within the exceptions mentioned in the Grown grant, and enclosing a
form of certificate to the effect that no part of these lands were alienated by the Crown prior
to the 23rd day of March, 1893, or held by any person or persons under or by right of preemption or uncompleted sale, and asking that the same be made.
In reply I beg to say that, owing to the fact that the exterior boundaries only of the
block were defined by the survey made by the Company, it devolves upon the Company not
only to ascertain but to locate by survey what lands, other than those mentioned in the Crown
grant, were alienated by the Crown or held by pre-emption, uncompleted sale or lease, or as
mineral claims, before such certificates as you desire could be granted.
The records and plans at this office will be open to your inspection, and all assistance
possible given you in the matter.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
Messrs. Bodwell & Irving,
Barristers, etc., Victoria, B.C.
Victoria, B.C.,
October 12th, 1896.
To the Honourable
The Chief Commissioner of Lands and Works,
City.
Re Nelson & Fort Sheppard Railway.
Sir,—We have the honour to acknowledge the receipt of your communication in reply to
our application for a certificate to enable our clients, the Nelson cfe Fort Sheppard Railway
Company, to obtain registration of their title to the lands comprised within Block 12, Crown
grant No. 522, Vol. 75, and will at once lay the same before the Company. In the meantime,
we understand there will be no difficulty in our obtaining the certificate required to the extent
of the lands comprised within Sections 34 and 35, Township 9a, and as it is of the utmost
importance to the Company that they be put in a position to deal with these particular lands
immediately, we shall be greatly obliged if you will cause such certificate to be, issued with as
little delay as possible.
We are, etc.,
(Signed)        Bodwell & Irving.
Victoria, B. C, October 13th, 1896.
Gentlemen,—I have the honour to acknowledge the receipt of your letter of the 12th
inst., applying for a certificate to enable the Nelson and Fort Sheppard Railway Company to
obtain registration of their titles to the lands comprised within sections 34 and 35, township 9a,
of their grant.
In reply I beg to enclose herewith the certificate desired.
I have, etc.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works.
Messrs. Bodwell & Irving,
Barristers, etc., Victoria, B. G. 936 Nelson and Fort Sheppard Railway Land Grant. 1898
In the matter of the " Land Registry Act and amending Acts," and in the matter of an application hy the Nelson and Fort Sheppard Railway Company for registration of their title
to the lands comprised in the grant from Her Majesty to the Company, dated the 8th
day of March, 1895, and numbered 522/75.
I hereby certify that no part of the lands situate in the Kootenay District and described
as follows,  viz.:—
a. Sections 5, 6,  7,  8,  17, 18, 19, 20,  29, 30, 31 and 32,  in  township   7a,  save  and
except—
(1.) Such part of lot 204 as lies in section 6.
(2.) Lot 205 lying in sections 29, 30, 31 and 32.
(3.) Lot 205a lying in sections 19, 20, 29 and 30.
(4.) Lot 205b lying in sections 17, 18, 19 and 20.
(5.) Lot 263.
b. Sections 1 to 36 (both inclusive) in  and being  the  whole  of township  8a,  save and
except—
Such part of lot 204 as lies in section 1.
c. Sections 1 to 36 (both inclusive) in and  being the  whole of township  9a,   save  and
except—
(1.) Lot 535 (Rossland townsite) lying in sections 26, 27, 34 and 35.
(2.) The Le Roi, lot 240 ; Josie, lot 536 ; Centre Star, lot 558 ; Idaho, lot 559 ; War
Eagle, lot 680 ; and the Virginia, lot 681, mineral claims, all lying in sections 34
and 35.
d. Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36 in township 10a—
Was alienated by the Crown prior to the 23rd day of March, 1893, nor was any part of such
lands aforesaid held at such last mentioned date, by any person or persons under or by right
of pre-emption or uncompleted sale.
Victoria, B. C, January 13th, 1897.
To the Hon. Chief Commissioner of Lands and Works,
Victoria, B. C:
Sir,—I enclose herewith a map showing, within shaded lines, areas of land situated in
Blocks 2, 3, 6, 7, and a tract eight by twelve miles lying between Block 7 and the International Boundary Line, which lands lie within the reservation made by the Government of
British Columbia for the purpose of enabling this Company to select the lands due to it on
account of the construction of the Nelson and Fort Sheppard Railway, and comprising an
acreage of one hundred and ninety-two thousand acres. The land above designated, together
with Blocks 4, 5, 8, 10, 12, and seven sections of four thousand four hundred and eighty
acres, in Block 9, heretofore selected and surveyed by this Company, comprise five hundred
and three thousand six hundred and eighty acres of the six hundred and fourteen thousand
four hundred acres to which this Company is entitled under the Act granting to it ten thousand two hundred and forty acres of land per mile of constructed road; it being the understanding that this Company will not claim lands in lieu of portions of Blocks 2 and 6, 6 by 6
miles, and 6 by 8 miles, respectively, situated in the eastern portions of said blocks, as shown
upon the map herewith. The Crown grant for said one hundred and ninety-two thousand
acres to date from October 18th, 1895, the date upon which a portion of the lands situated in
Blocks three and seven, and south of Block seven, were selected and applied for as shown by
a letter from the Vice-President of this Company and map on file in your Department.
I think the above is in accord and with the understanding had at the Executive this
afternoon, and shall feel obliged if you will confirm by letter addressed to me.
Respectfully,
(Signed)        D. C. Corbin,
President Nelson and Fort Sheppard Railway Company. 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 937
Victoria, B. C, January 20th, 1897.
Sir,—Referring to the letter addressed by Mr. Corbin on the 13th inst. to you, we have
the honour to inform you that we are to-day in receipt of a letter from Mr. Corbin informing
us that, in his opinion, it is necessary that he should have an early reply to the same, confirming the understanding arrived at between himself and the Executive on that date.
We have, etc.,
(Signed)        Bodwell & Irving.
To the Hon. the, Chief Commissioner of Lands and Works,
Victoria, B. C.
Victoria, B. C, January 23rd, 1897.
Sir,— I have the honour to acknowledge the receipt of your letter of the 13th inst., and
plan accompanying same.
In reply, I beg to say that the Executive Council have carefully considered your proposition respecting the survey of the eastern portion of your land grant, and have decided that it
is not advisable to make any change in the boundaries, and that your surveys of the eastern
portion must follow the outlines indicated upon the plan showing your selections which
accompanied Major Dupont's letter of October 18th, 1895.
I have, etc.,
(Signed)        Geo. B. Martin,
Chief Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson and Fort Sheppard Railway Company,
Spokane, Wash.
Nelson and Fort Sheppard Railway Company,
Nelson, B. C, 30th April, 1897.
The Hon. G. B. Martin,
Chief Commissioner of Lands and Works.
Sir,—I have the honour to apply for the issuance of Crown grants to the Nelson and
Fort Sheppard Railway Company for the undermentioned lands, surveys of which have been
completed and plans of which have been deposited with your Department :—
Block No. 4, Lot 1,239 ; Block No. 8, Lot 1,237 ; Block No. 10, Lot 1,236 ; the western
part of Block 2, six by eleven miles, Lot 1,240 ; the western part of Block 6, six by eight
miles, Lot 1,242.
These lots were selected and designated by the Company on the 23rd March, 1893, and
the Company assumes that the Crown grant will bear that date.
The western part of Block 3, six by six miles, Lot 1,241 ; the western part of Block 7,
six by four miles; Lot 1,243; Lot 1,244, two by six miles, lying directly east of Lot 1,236, and
all of Block 5, Lot 1,238.
These lots were selected and designated by the Company and maps filed October 18th,
1895, and the Company assumes that the Crown grant for these lots will bear that date.
I have etc.,
(Signed)        C. T. Dupont,
Vice-President A'elson and Fort Sheppard Railway. 938 Nelson and Fort Sheppard Railway Land Grant. 1898
Victoria, B. C, May 5th, 1897.
Sir,—I have, the honour to acknowledge the receipt of your letter of the 30th ultimo,
applying for the issuance of Crown grant of certain lands which have been surveyed for the
Nelson and Fort Sheppard Railway Company.
In reply, I beg to say that the subject of your letter will receive prompt attention.
I have, etc.,
(Signed)        Geo. B. Martin,
Chief Commissioner of Lands and Works.
C. T. Dupont, Esq.,
Vice-President Nelson and, Fort Sheppard Railway Company,
Nelson, B. C.
Copy of a Report of a Committee  of the  Honourable the  Executive Council, approved by His
Honour the Lieutenant-Governor on the 12th day of June, 1897.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 19th May, 1897, enclosing a copy of an application from the Vice-President of the
Nelson and Fort Sheppard Railway Company for Crown grants to certain lands in West
Kootenay District which the Company have selected and surveyed with the approval of the
Government and in pursuance of their " Land Subsidy Act."
The descriptions, areas and dates in the Vice-President's letter are correct. The surveys
have been plotted, found accurate and have been gazetted.
The Minister recommends that Crown grants containing the usual reservations as to lands
lying within the area granted which have been previously alienated by the Crown or held by
pre-emption, uncompleted sale or lease, or as mineral claims, be issued to the Company.
The Committee advise approval.
Certified.
(Signed)        A. Campbell Reddie,
Deputy Clerk Executive Council.
Nelson & Fort Sheppard Railway Co.,
Spokane, Washington, June 29th, 1897.
W. S. Gore, Esq.,
Deputy Commissioner Lands and, Works,
Victoria, B. C.
Sir,—I forward you by express to-day map and blue print showing the balance of lands
selected and yet to be surveyed by this Company to give it the total amount of land which it
is entitled to under its land grant.
The Nelson & Fort Sheppard Railway Company is entitled under
the Act to 614,400 acres of land
We have surveyed 430,720 n
Leaving a balance yet to be surveyed of 183,680 n
Within the blocks already surveyed there are at least 8,320 acres alienated, and probably
2,000 acres held as mineral claims at the time of our selection, which will be excluded from
the grant, for which we are entitled to make other selections. This will make a sum total of
194,000 acres yet to be surveyed. These lands we have selected in one block, lying between
the land already surveyed in Blocks 2, 3, 6 and 7 and the west shore of Kootenay Lake, and
enclosed within the coloured line on tracing; the description of block to be as follows:—
" A tract of land containing 194,000 acres, having for its eastern boundary the west shore
of Kootenay Lake; for its south line, the south boundary line of Block 7, Nelson & Fort Sheppard Railway land selection extended to Kootenay Lake; for its west boundary, the east line 61 Vict. Nelson and Fort Sheppard Railway Land Grant. 939
of the Nelson & Fort Sheppard Railway lands already surveyed in Blocks 7, 6, 3 and 2; and
for its north boundary, an east and west line parallel with its south line that will enclose the
desired acreage."
Will you kindly certify the blue print and return it to me at your earliest convenience,
with such instructions regarding the surveying of said block as may be necessary to have it
done in accordance with the rules and regulations of your Department.
Respectfully,
(Signed)        E. J. Roberts,
Chief Engineer.
Copy of a Report of a Committee of the Honourable the Executive  Council, approved by His
Honour the Lieutenant-Governor on the 21st day of July, 1897.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 3rd July, 1897, enclosing a copy of a communication from Mr. E. J. Roberts, C. E.,
Chief Engineer of the Nelson and Fort Sheppard Railway Company, dated 29th June, 1897,
having reference to the, balance of lands selected and yet to be surveyed by that Company,
and asking that the plan indicating the block of land proposed to be surveyed be certified.
The Minister reports that the areas mentioned by Mr. Roberts, have been checked and
found to be approximately correct (See Orders in Council approved 29th March, 1895, and
12th June, 1897), and recommends that the plan above referred to be approved, subject to a
reservation out of said lands of any right of way for railway purposes and terminal and other
facilities for the same, and for steamboats in connection therewith on Kootenay Lake, as may
be determined hereafter by the Lieutenant-Governor in Council ; also subject to a reservation
of one-half of any townsite which the Company may lay out fronting on or near by Kootenay
Lake.
The Committee advise approval. Certified.
(Signed)        A. Campbell Reddie,
Deputy Clerk Executive Council.
Spokane, Washington, July 24th, 1897.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B. C.
Dear Sir,—Will you kindly send me a copy of the instructions sent, or to be sent, from
your office to Messrs. Gore and Burnett, covering the surveys of the land last applied for, an
approved map of which you gave me the other day in Victoria.
I intended to ask you when I was in your office if practically  the same rules and instructions as to surveys have not been applied  to  all  land  granted  to railway  companies in  the
Province, and that if such  instructions and  requirements did  not contemplate  the survey of
the exterior lines only, of the separate blocks of land selected and granted.
Will you kindly advise me in regard to this and oblige.
Yours truly,
(Signed)        D. C. Corbin,
President.
Victoria, B.C., July 28th, 1897.
Sir,—I have the honour to acknowledge the receipt of your letter of the 24th inst., and,
as requested, I send you herewith a copy of the instructions which were sent by the Surveyor-
General to Messrs. Gore, Burnett & Co. re the survey of your Company's land selections, which
will give you the information desired. I have, etc.,
(Signed)       W. S. Gore,
Deputy Commissioner of Lands and Works.
D. C. Corbin, Esq.,
President Nelson & Fort Sheppard Railway Company,
Spokane, Wash. 940 Nelson and Fort Sheppard Railway Land Grant. 1898
Victoria, B.C., December 6th, 1897.
W. S. Gore, Esq.,
Deputy Commissioner of Lands and Works,
Victoria, B.C.
Sir,—I hereby make application, in behalf of the Nelson & Fort Sheppard Railway Company, for a Crown grant to Lot twenty-three hundred and eighty-one (2,381), Group one (1),
Kootenay District, in accordance with the "Nelson & Fort Sheppard Land Grant Act," and
enclose herewith five dollars, fee.
D. C. Corbin,
President Nelson & Fort Sheppard Railway Company.
Copy of a  Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 13th day of December, 1897.
On a memorandum from the Honourable the Chief Commissioner of Lands and Works,
dated 7th December, 1897, enclosing a copy of an application from the President of the Nelson
and Fort Sheppard Railway Company for a Crown grant to contain lands in West Kootenay
District which the Company have selected and surveyed in pursuance of the provisions of
their Land Subsidy Act, and with the sanction of His Honour the Lieutenant-Governor in
Council as signified by an Order in Council approved on 21st July, 1897.
The survey has been checked and Gazetted, and the parcel designated Lot 2,381, Group 1,
Kootenay District, containing 195,928 acres, more or less, being the area to which the
Company are entitled to make up the balance of their land grant, as per the subjoined statement, viz :—
Land subsidy on 60 miles of Railway at 10,240 acres per mile 614,400 acres.
Less area covered by Crown grants already issued 418,472     n
Balance 195,928 acres.
The Minister recommends that a Crown grant be issued to the Company containing the
usual reservations as to lands lying within the area granted which have been previously alienated by the Crown or held by pre-emption, uncompleted sale or lease, or as mineral claims, and
also a reservation out of the said lands of any right-of-way for railway purposes, and terminal
or other facilities for the same, and for steamboats in connection therewith on Kootenay Lake,
as may be determined hereafter by the Lieutenant-Governor in Council, and also subject to
the reservation of one-half of any townsite which the Company may lay out fronting on or
adjacent to Kootenay Lake.
The Committe advise approval.
Certified.
(Signed)        A. Campbell Reddie,
Deputy Clerk Executive Council.
VICTORIA, B.C.:
Printed hy RrcHARD Wolfenden, Printer ro the Queen's Most Excellent Majesty.
1898.

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