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RETURN To an Order of the House for copies of all correspondence and documents that passed between the… British Columbia. Legislative Assembly 1899

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 62 Vict. Correspondence—Sumas Dyking Commissioners. 1341
RETURN
To an Order of the House for copies of all correspondence and documents that passed
between the Government and the late Sumas Dyking Commissioners, in reference
to the liabilities incurred by said Commissioners.
F. CARTER-COTTON,
Treasury, Minister of Finance.
February 20th, 1899.
No. 1.
Commissioners to Minister of Finance.
March 9th, 1895.
Sir,—I am instructed by Mr. D. McGillivray, Chairman of Sumas Dyking Commissioners,
to forward you a certified statement showing the present liabilities of the Sumas Reclamation
Scheme, and also to ask you to forward by express to the Bank of Montreal, New Westminster,
the bonds at as early a date as convenient, as the Commissioners have made arrangements to
meet at New Westminster on Friday next, the 15th, to complete the bonds, and do not wish
to be disappointed. I may also state that in reference to section 14 of the General Act,
requiring notice of Court of Revision to be published in Government Gazette, has been complied
with, as we have several copies of Gazette containing copies. Please inform Mr. Smith,
Government Auditor, of the same. I have, &c,
(Signed)        Geo. Chadsey,
Clerk, Sumas Dyking Commissioners.
Somas, B. C, March 9th, 1895.
Sumas Dyking District Reclamation Works.
An approximate statement  of total  liabilities incurred  by the Sumas Dyking Commissioners in preliminary steps towards reclamation to date:—
Overdraft account at Bank Montreal, N. W., and interest     $ 7,469 40
Printing and advertising .  493 30
Balance due to Messrs. Keefer & Smith, Civil Engineers, and others .... 5,046 50
B. C. Gazette  19 00
Cash advanced by D. McGillivray to pay bills  537 00
J. L. Chadsey and others for labour and supplies, Chilliwhack River .... 186 00
Total legal expenses, Corbould, McColl and Bobertson  2,660 00
Amount due four Commissioners for time actually employed, and expenses
for two years  3,150 00
Amount due G. W. Chadsey, Clerk, for two years' service while actually
employed  375 00
$19,936 20
Cash in Bank Montreal, balance in hand         796 00
Total debt $19,140 20
(Signed)        G. W. Chadsey,
Clerk, Sumas Dyking Commissioners.
(Signed)        D. McGillivray,
Chairman, Sumas Dyking Commissioners. 1342 Correspondence—Sumas Dyking Commissioners. 1898
No. 2.
Auditor-General to Clerk of Commissioners.
March 14th, 1895.
Sir,—I have the honour to acknowledge the receipt of your letter of the 9th instant to
the Honourable the Minister of Finance, enclosing statement of expenditure by the Sumas
Dyking Commissioners, amounting to $19,140.20, and I am instructed to inform you that the
statement is not in the form required by the Government. In the first place you commence
with the item of "$7,469.40, overdraft at Bank of Montreal." The Government wishes to
know what payments have been actually made against this sum. There is another item of
"$3,150.00 due Commissioners for time actually employed and expenses for two years." This
requires to be explained. The expenses should be shown separately from the amount they
claim for their services, as this sum represents about $5.00 per day each for every working
day in the whole time for two years, a charge that is, in my opinion, not quite allowable under
the Act. Under the circumstances of the statement not being satisfactory, there must
necessarily be a delay in executing the bonds.
You will be good enough to make out a full and complete statement of the items actually
paid, and then show a full and complete statement of the amounts actually due and unpaid.
Approximate statements are not quite sufficient to warrant the issuance of the amount of
bonds asked for by the Commissioners.
No. 3.
Commissioners to Auditor-General.
Sumas, B. C, March 20th, 1895.
J. McB. Smith, Esq.,
Auditor-General :
Sir,—Enclosed please find statement showing the amounts that have been paid, also
statement showing indebtedness against the Sumas Dyking Scheme. All those bills due and
unpaid have not been passed by the Board, and when they come before the Board of Commissioners there may be some small alterations. There are four Commissioners which make the
expenses more than the total expenses sum up—more than the Commissioners estimated.
I have, &c,
(Signed)        G. W. Chadsey,
Clerk for the Commissioners.
Statement showing Liabilities against Sdmas Dyking Scheme which are unpaid.
1898.
Mch. 19th.—Balance due Keefer &, Smith $ 3,572 05
H. A. Robertson  160 00
T. W. Groves  500 00
Corbould & McColl  2,500 00
Victoria Colonist,               for advertising  41  50
Seattle Post-Intelligencer,             n               58 65
New Westminster News,              n  185 00
B. C. Gazette,                                n              19 00
C. A. Stoess  454 00
G. W. Chadsey (Clerk), balance of salary.  285 00
Peter Summerfield, for surveying  398 68
Balance due D. McGillivray, as salary  1,000 90
,.        Wm. S. Maher,          „         950 00
Carried forward    10,124 78 62 Vict.
Correspondence—Sumas Dyking Commissioners.
1343
1898.
Mch. 1898.-
Brought forward $10,124 78
-Balance due J. L. Atkinson, as salary  1,045 00
n         Asa Ackerman,          n         150 00
Progress Publishing Company, for advertising  12 50
J. L. Chadsey and others, for labour and supplies,  Chilliwhack River  186 00
World Publishing Company, for advertising ,  48 00
To amount due D. McGillivray, as per Statement A    534 75
To amount as per Statement B, loan account at Bank (B) . . 7,054 50
Balance of interest due the Bank  516 40
Total $19,671 93
Certified correct.
(Signed)        G. W. Chadsey,
Clerk for S. D. C.
B.
Sumas, B. C, March 18th, 1895.
Sumas Dyking District Reclamation   Works.
Statement showing  total liabilities incurred by the Sumas Dyking Commissioners in
preliminary steps towards reclamation to date that have been paid:—
1893.
Dec.    4th.—A. H. Burns, for tents for survey camp $ 118
Marvin & Tilton, goods for survey  13
W. S. Maher, cash paid for sundries  7
M. DesBrisay,             goods for survey camp ....     44
D. McGillivray,               ,,                         m        123
Munroe & McDonald,     n                         u         75
Campbell & Anderson,   n                          n         77
C. A. Stoess, estimate for dyke    150
J. Johnston & Co., goods for survey  20
D. Fraser, moving camp  9
D. W. Miller, goods for survey  132
Dec.  11th.—Corbould & McColl, printing  40
J. Johnston & Co., stationery for surveyors  3
Dec.
Dec.
Dec.
20th.—C. H. Chadsey,
Richard Toop,
Robert Toop,
J. Wilson,
R. Proudfit,
R. Dunn,
T. Bird,
W. H. Cawley,
18Jf days on survey        27
1S| „     n  	
18J M      n	
19  i,     n  	
00
00
10
74
50
20
70
00
75
00
62
00
00
75
27 75
27 75
4
22
9
28
12
6
33
13
27th.—H. B. Smith, work in connection with survey   62
T. W. Groves, work on survey      108
H. P. Renwick,             n              46
W. Harris,                     „               23
B. F. Bradford, milk supplied surveyors  6
30th.—C. A. Stoess, surveying in November  125
i             R. C. Lowry, work on survey  86
50
00
00
00
50
15
70
45
75
25
15
00
Carried forward    1,449 31 1344
Correspondence—Sumas Dyking Commissioners.
1898
1893.
Dec.  30th.
Brought forward	
work on survey in November
1894.
Jan.     5th.-
-J. Baiss,
F. Adamson,
J. Wilson,
M. Fadden,
H. Kennedy,
W. Elwood,
H. Barker,
Ma Sing, Cook, Camp No. (2;
Jan.
24th.-
camp
-Rob. Toop, work on survey	
G. W. Chadsey, postage, &c   	
Richard Toop, work on survey	
D. McGillivray, supplies for S. Camp	
J. Wilson (Smith's Camp), work on survey	
Cash advanced by J. L. Atkinson to pay H. B. Smith's men
to assist in surveying, etc	
C. H. Chadsey, work on survey (Dec, 1893)	
F. Bird, „ „ 	
M. Huff, moving
W. Chadsey,
A. J. Street,      n 	
S. A. Cawley & Co., goods supplied survey. .. .
R. Proudfit, work on survey in Dec, 1893 ....
R. Dunn, ii n ....
G. Lewis, H ii ....
W. Groves, work as leveller, n ....
H. P. Renwick, survey party	
-J. Munroe, goods for survey camp	
D. W. Miller, „ 	
J. L. Atkinson, for moving camp and supplies.
H. P. Renwick, travelling expenses to Victoria
W. H. Groves, n n
H. B. Smith, „ „
G. A. Keefer, n n
Keefer & Smith, on salary	
York & Pilling, meat supplied Stoess' camp . . .
O. Bowman, n n ...
M. DesBrisay, camp supplies	
Wintemute Bros., furniture for Stoess' camp . .
W. Fadden, moving camp	
Munroe & McDonald, camp supplies	
C. A. Stoess, salary for Dec, 1893	
R. C. Lowry, n 	
J. Baiss, ii 	
F. Adamson, n 	
J. Wilson, H 	
M. Fadden, n 	
H. Kennedy, n 	
W. Elwood, ii 	
Ma Sing, cook,
Feb.    5th.-
A. Boley, milk ,
P. Summerfield, on salary	
John Deane, m  .
-W. S. Maher, cash paid for supplies	
D. McGillivray, supplies for Stoess' camp
1,449 31
29 50
22 00
29 50
23 50
29 50
21 25
5 00
19 70
29 80
5 00
31 75
36 22
33 00
36 55
32 25
40 75
6 00
13 00
4 00
9 20
30 00
35 25
28 50
124 00
45 00
6 00
59 99
28 00
10 75
11 50
18 50
16 40
700 00
51 12
6 40
8 95
3 50
7 00
91 05
132 70
104 00
31 00
31 75
35 40
32 50
35 50
35 50
25 00
5 50
50 00
50 00
3 45
54 34
Carried forward    3,815 33 62 Vict.
Correspondence—Sumas Dyking Commissioners.
1345
1894.
Feb.    5th.
Feb.  19th.
Mch.   7th.
Mch
12 th.
Brought forward $3,815 33
-M. Hall, for wood  9 00
York & Pilling, meat supplied  29 20
-J. L. Atkinson, on salary as Commissioner  100 00
W. S. Maher,             „                        .,             100 00
Asa Ackerman,          n                        u             50 00
D. McGillivray,        n                        n             100 00
Corbould & McColl, to pay for Private Bill and printing in
connection with Bill  300 00
-P. Summerfield, part of salary for surveying  100 00
John Deane,                                 „                       89 00
H. Kennedy, work on survey  30 00
M. Fadden,                 n               and teaming  57  25
J. C. Wilson,             „                 30 75
Campbell & Nevard, meat supplied camp  104 00
D. Lyall & Co., stationery account  60 80
-Johnston & Co., stationery supplied Keefer & Smith  16  25
T. N. Hibben,                   „                             „               8 45
Robert Toop, on survey  37 50
Richard Toop,          n         37 50
John Wilson,           „  37 50
C. H. Chadsey,        .,  37 50
T. Bird,                     „          37 50
R. Proudfit,              ii         37 50
R. Dunn,                  n          37 50
G. Lewis,                  n          36 50
J. Sampson, order from G. Lewis  10 00
C. A. Stoess, for surveying ,  155 50
R. C. Lowry,            „             110 00
F. Adamson, work on survey  34 60
J. Baiss,                    n                 30 00
W. Elwood,               ,i                 30 00
Ma Sing (cook),        n                 19 35
D. McGregor, for milk    4 70
T. WT. Groves, work on survey      124 00
-T. H. Irwin, for wood supplied survey  . ,  11  00
-Corbould & McColl, to pay for printing debentures  40  00
D. McGillivray, on salary  100 00
-J. L. Atkinson,          m         90 00
W. S. Maher,             „          90 00
A. Ackerman,            n      90 00
G. W. Chadsey, part salary as clerk  90 00
Keefer & Smith  200 00
Chilliwhack Progress printing account  144 50
To amount of interest paid on loan at Bank  381  82
Total amount of liabilities paid to date $7,054 50
April 2nd.
1895.
Jan.   26th.
February.
Mch. 15th.- 1346 Correspondence—Sumas Dyking Commissioners. 1898
C.
J. L. Atkinson, Commissioner.    Actual Time Engaged and Travelling Expenses on
Sumas Reclamation Works.
During 1893.—To  154 days at $5 per day    $ 770 00
1894 & 1895.—To travelling expenses to and from Victoria and  New
Westminster        250 15
it   travelling   expenses  to  and   from  New Westminster,
Hot Springs, and Vancouver        125 35
ii   telegrams  3 00
ii   team work  13 00
ii   other disbursements  73 65
1,235 15
Less received in payment        190 00
$1,045 15
D.
D. McGillivray, Commissioner.    Actual Time Engaged and Travelling Expenses, &c, &c.
To 157 days and 9 half days; total 161| days at $5 per day  $ 807 50
travelling expenses to and from Victoria for two years  326 75
ii                          n             New Westminster for two years .... 109 15
paying telegrams    3 45
cash paid J. Johnston & Co. for stationery  11 50
ii         Progress Printing & Publishing Co  19 25
postage paid  9 30
registration fees, cfec  4 00
1,290 90
Less received in payment        290 00
$1,000 90
A.
Sumas Reclamation Works.
Amount paid by D. McGillivray on account of works, still unpaid and due to him.
1894.
May 13th.—F. W. Groves  $ 124 75
n             Peter Summerfield  100 00
Keefer & Smith .     200 00
June   9th.—Peter Summerfield  75 00
ii             Interest on the same to date. ,  35 00
$ 534 75 62 Vict. Correspondence—Sumas Dyking Commissioners. 1347
No. 4.
Deputy Provincial Secretary to Commissioners.
Provincial Secretary's Department,
Victoria, B. O, 26th March, 1895.
Re Sumas Dyke.
Referring to section 7 of the "Drainage, Dyking and Irrigation Amendment Act, 1895,"
which enacts inter alia, that section 55 of the original Act shall be so construed as to authorise
the Lieutenant-Governor in Council to give a guarantee, under the provisions of the said section,
for the interest upon any sum, not to exceed eighteen thousand dollars, which may have been
incurred by the Commissioners in the preliminary steps towards reclamation works upon Sumas
Prairie, I am to acquaint you of the passage of an Order in Council authorising that certain
guarantees, including the aforesaid, be given, and in accordance with the terms of the said
Order, to forward, herewith, a certified copy of the same for the information of the Commissioners of the Sumas Dyking District.
No. 5.
Inspector of Dykes to Minister of Finance.
June 10th, 1898.
Sir,—I have the honour to bring to your notice the liabilities incurred by the late Commissioners of Sumas, exceeding the sum guaranteed by the Government. A list of these
liabilities is in the hands of the Auditor-General, and from this you will see that while a large
portion is for remuneration granted by the Commissioners to themselves, of which I think no
notice need be taken, still a certain amount is due to people who have either advanced money
or have given the equivalent in work, etc., and it would be a great hardship for these men to
lose what is due them.
I admit that the Commissioners are responsible for having contracted debts beyond the
amount of the Government guarantee, but if they are thus responsible they should have power
to assess. This they cannot do, being removed from office, and I would therefore ask you to
consider whether I may not be permitted to pass these latter liabilities under section 19 of
this year's Act. I have, &c,
(Signed)        Fred'k J. L. Tytler, C. E.
Inspector of Dykes.
No. 6.
Auditor-General to Inspector of Dykes.
June 20th, 1898.
Dear Sir,—The Minister of Finance has had under his consideration the list of liabilities
of the Sumas Dyking Commissioners, as follows:—
Peter Summerfield $ 319 68
Colonist Printing Co       41  50
News-Advertiser  41 50
Seattle Post-Intelligencer  56 55
Chilliwhack Progress    12 30
Vancouver World  45 00
B. C. Gazette  16 50
A. H. Jones  49 40
J. D. Curry  16 00
J. L. Chadsey  150 00
G. W. Chadsey  285 00
D. McGillivray ,  402 72
$1,436 15 1348 Correspondence—Sumas Dyking Commissioners. 1898
And requests that you obtain a bill showing dates and details from each of the parties, in
order to better judge of the merits of the various claims, and to ascertain whether they are
proper charges as against the lands of the district, and whether the payment of these may be
entertained by the Government.
On examination of the list of outstanding claims which was handed in to the Government by the Commissioners in 1895, amounting to $19,671, which included $3,145 then due
to the Commissioners, upon which the issue of the $18,000 of debentures was made on the
understanding that the Commissioners were first to pay all outstanding liabilities; secondly,
to pay, in so far as the balance would go, the sum claimed by themselves as Commissioners
for services, &c To this arrangement, and for the due performance of it, they gave a bond of
$10,000 to the Government, dated 20th April, 1895.
I find on comparing that list with the list herein referred to, it contained the same items
as those which I have marked with a " ". Why the Commissioners did not at the time settle
these claims I am at a loss to know, as after deducting their own individual claims of $3,145
from the total list of liabilities, $19,671, there would remain to be settled $16,526, and they
had the whole of the net proceeds of the $18,000 in bonds to do so.
It would appear from this calculation that the Commissioners did not comply with the
conditions of the bond they entered into with the Government, otherwise all claims, except a
portion of the sums due to themselves, would have been liquidated; instead of which there are
various creditors still unpaid, amounting to $1,436.15, besides claims from the Commissioners
for services as follows:—
D. McGillivray $1,118 85
W. S. Maher       627 80
Asa Ackerman       145 00
J. L. Atkinson    1,057 45
$2,949 10
The latter sum ($2,949.10) is merely mentioned as a reference to the claim, but it is not
at all under consideration as coming within the question of a right to payment; nor do I wish
it to be understood that in making an application to you to endeavour to obtain statements from
each of the other claimants that the Government assumes the responsibility of the payment,
as, in my opinion, the whole matter requires investigation ; and in the event of absolving the
Commissioners from any neglect or fault in liquidating these claims, the consent of the land
owners within the Dyking District should first be obtained before incurring this extra liability,
which would be charged to the cost of the Dyking Scheme, and for which the land would be
assessable.
You will be good enough to attend to the matter of obtaining the various accounts at
your earliest convenience.
Commissioners to Inspector of Dykes.
[Forwarded by Inspector to Minister of Finance, August 1st, 1898.]
Letter and Statement A.
Chilliwhack, B. C, August 1st, 1898.
F. J. L. Tytler, Esq.,
Superintendent of Dykes.
Dear Sir,—Herewith please find enclosed a list of the outstanding liabilities against
Sumas Dyking Scheme. As soon as I received instructions from you to procure certificates
that the Bills are correct, I immediately wrote to the several parties, and up to the present
time I have not heard from the Seattle Post-Intelligencer nor J. D. Curry. I shall write again
to them. I also asked the Chilliwhack Progress to certify to the correctness of their account,
and it was left with Mr. Ashwell, one of the Company, to do so, but he has neglected it.
I have, &c,
(Signed)       G. W. Chadsey,
Clerk for Sumas Dyking Commissioners. 62 Vict.
Correspondence—Sumas Dyking Commissioners.
1349
A.
I, G. W. Chadsey, Clerk for Sumas Dyking Commissioners, certify that the following
accounts have all been passed as correct by the Sumas Dyking Commissioners, and that they
are all due and unpaid.
Dated at Chilliwhack, B. C, this 28th day of July, 1898.
(Signed)        G. W. Chadsey,
Clerk of Sumas Dyking Commissioners.
Statement showing outstanding liabilities against Sumas Dyking Scheme on
July 28th, 1898.
Peter Summerfield, to surveying $ 319 68
Victoria Colonist,                        printing  41  50
New Westminster News,                 ii          41  50
Seattle Post Intelligencer,              h  56 55
World Printing and Pub. Co.,       h         45 00
Chilliwhack Progress,                      n         12 30
B. C. Gazette,   '                               n         6 50
A. H. Jones, Estate,                       n         49 40
J. D. Curry, order on Commissioners, given by J. L. Atkinson  16 00
J. L. Chadsey and others, sent by Commissioners to head of Chilliwhack
River, to find out if a portion of river could be diverted  150 00
May 13th, 1894.—D. McGillivray, money advanced out of his own funds
to pay pressing claims against scheme    $499 75
Interest @ 8 % from May 13th, 1894, to October 13th, 1895 ....     56 60
Interest on $556.35 from Oct. 13th, 1895, to Dec. 13tb, 1897 ...     96 00
652 35
Dec. 13th, 1897.—By cash    250 00
Balance D. McGillivray's account as Commissioner
ii      W. S. Maher, n n
ii       J. L.  Atkinson, n n
Asa Ackerman, n n
ii       G. W. Chadsey, Clerk for Commissioners.
402
35
1,118
85
627
80
1,057
45
145
00
285
00
$4,374 88
Copy of Commissioners' Bond.
Know all men by these presents that we, John Luther Atkinson, Donald McGillivray,
William Maher, and Asa Ackerman, are jointly and severally held and firmly bound to the
Honourable John Herbert Turner, Minister of Finance for the Province of British Columbia,
and his successors in office, in the sum of $10,000, for which payment well and truly to be
made we bind ourselves and each of us, our executors and administrators, and each of them,
firmly by these presents.
Sealed with our seals and dated this 26th day of April, A.D. 1895.
Whereas the above bounden John Luther Atkinson, Donald McGillivray, William Maher
and Asa Ackerman, are Commissioners under the " Drainage, Dyking and Irrigation Act,
1894," for certain works at Sumas, B. O, and have issued bonds to the amount of $18,000,
which said bonds have been endorsed with a guarantee of interest by the Minister of Finance
and have been handed back to the above bounden Commissioners, on condition that the
proceeds thereof be applied as is hereinafter mentioned.
Now, therefore, the condition of the above written obligation is such that if the said
John Luther Atkinson, Donald McGillivray, William Maher and Asa Ackerman shall duly 1350
Correspondence—Sumas Dyking Commissioners.
1898
apply the proceeds of the said bonds to the face value of $18,000, firstly, in payment of all
outstanding claims against the Commissioners, as shown by an account furnished the Minister
of Finance and referred to in an Order in Council dated the 20th day of April, 1895, or as
satisfactorily adjusted, and, secondly, in payment of the amounts therein shown to be due the
individual Commissioners as remuneration, then this obligation shall be void, otherwise to be
and remain in full force and effect.
Signed, sealed and delivered in the presence of
H. H. Gemmell.
As to the signature of J. L. Atkinson,
H. H. Gemmell.
As to the signature of D. McGillivray,
J. L. Atkinson.
As to the signature of Wm. Maher,
J. L. Atkinson.
As to the signature of Asa Ackerman,
J. L. Atkinson.
J. L. Atkinson. (Seal)
Donald McGillivray. (Seal)
William Maher. (Seal)
Asa Ackerman. (Seal)
VICTORIA, B.C.:
Printed by Richard Wolfenden, Printer to the Queen's Most Excellent Majesty.
1899.

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