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RETURN To an Order of the House for the Return of copies of all correspondence, telegrams agreements… British Columbia. Legislative Assembly 1909

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 9 Ed. 7    Correspondence re G. T. P. Ry. Co. Terminals, etc.     G 51
RETURN
To an Order of the House for the Return of copies of all correspondence, telegrams
agreements or other documents between the Government and the Grand Trunk
Pacific Railway Co,, and the Grand Trunk Pacific Town and Development Co.,
under the provisions of Chapter 19, Statutes of 1908.
FRED. J. FULTON,
Chief Commissioner of Lands.
Lands Department,
25th January, 1908.
Victoria, July 28th, 1908.
Hon. Fred. J. Fulton,
Chief Commissioner of Lands and Works,
Victoria, B. G.
Layout at Prince Rupert.
Dear Sir,—Referring to my conversation with you on this subject to-day, I beg to quote
from a recent letter from Mr. Morse as follows :—
" We have been put to tremendous expense in connection with this townsite and the
development of our railroad terminals. We did not make our proposition regarding waterfront intending to dicker on the same, but we took the least amount possible to enable us to
make a start; and when I see what we have arranged for there and what we are arranging for
at other points where we have bought outright, it seems absurd on my part to be a party to
the limited lay-out at Prince Rupert, which we expect to make a great shipping point, and
where we will require much greater facilities than those arranged for.
" The Grand Trunk Pacific, with its chartered branch lines, and the affiliated lines of the
Grand Trunk, will, when completed, represent a system of over 10,000 miles of road, and Prince
Rupert is to become the principal Pacific Coast Terminal, not only the outlet and the intake
for Oriental business, but also British Columbia; in fact the local Pacific Coast business. In
addition to this, we will have our steamships on the Atlantic and the Pacific Oceans, also on
the Great Lakes, and will be second in importance and the volume of business handled to no
transcontinental line. The Grand Trunk, as I presume you know, to-day handles a larger
tonnage and a greater number of passengers than the entire Canadian Pacific system, and, of
course, the entrance they have into Eastern Canada will always give them an advantage in
handling the manufactured products from the east to the west,. The Grand Trunk Pacific, with
its branch lines, will be equal in every respect in the west to the existing railroads; therefore,
our business, before we are half as old as the Canadian Pacific, will be of greater volume and
we will require greater facilities ; in fact, there is nothing in the west to-day that would be
safe to take as a limit to what our terminal requirements will be."
I have pleasure in submitting for your consideration the views of Mr. Morse, as expressed
in the foregoing quotation.
Yours truly,
(Signed)       D'Arcy Tate,
Assistant Solicitor. G 52 Correspondence re G. T. P. Ry. Co. Terminals, etc. 1909
Victoria, July 27th, 1908.
The Hon. Fred. J. Fulton,
Chief Commissioner of Lands and Works,
Victoria, B. C.
Prince Rupert.
Dear Sir,—Referring to my attendance at Council this morning, when the following
matters were briefly touched upon by me, beg to say that I would like to obtain from you
your views as to the best policy to be followed in respect of such matters :—
1. Reserve Bid.—It might be well to consider how far it would be advisable in the
interests of both parties that the Government and the Company should unite in placing a
reserve bid on each parcel of land offered for sale, so as to insure that the minimum price
asked by each will be substantially the same.
2. Mode of Sale.—Whether by public auction, private sale, or tender, or partly in one
way or partly in another 1
3. Time of Sale.—Whether this fall or next spring ?
4. Grading of Streets.—To what extent (if any) streets should be graded before lots are
placed upon the market 1
5. Grading of Lots.—To what extent, if any, lots should be graded before being placed
on market ?
6. Laying Out of Townsite.—When work should commence and necessity of extending
time for completion 1
I. Division of Property.—It is proposed that the distribution of the water-front should
be agreed upon now. The question then remains to what extent (if any) it would be advisable
or necessary for the Province and Company to select other blocks at the present time, pending
the ultimate division of the property after the sub-division on the ground has been completed 1
8. Mode of Incorporation.— Whether under the Municipalities Incorporation Act or by
Special Act ?
9. Time of Incorporation.—When incorporation should take place, or, in other words,
how long the Company and the Government should retain the control of the townsite in their
own hands.
10. Waters and Sewers.—How much of this work should be done during present season
and how much before townsite is handed over to Municipality 1 Mode of securing reimbursement from Municipality when incorporated for moneys so expended.
II. Triangular portion of Government Reserve.—Statement of terms upon which the
Government will sell this land to the Company.
12. Southern portion of Government Reserve.—A statement of the area the Government
are prepared to sell to the Company and of the terms of sale.
13. Provincial Share of Expenditure at Prince Rupert lo Date.—Reimbursement by the
Province of its share of the expense incidental to the survey and the laying out of the townsite
to date.
14. The mode of Sub-dividing balance of Land at Prince Rupert.—The agreement calls
for sub-division into 40-acre blocks.    Is this the best sub-division that can be adopted ?
15. Salary of Surveyor appointed by Government.—The amount of this salary should be
fixed.
If you will kindly let me have the views entertained by the Government respecting the
above questions, our Company will be pleased to confer with you thereon, with a view to
securing unanimity of opinion and identity of action in all matters concerning the townsite.
We think the more perfect the co-operation between the Government and our Company the
better will be the results obtained.
Yours truly,
(Signed)        DArcy Tate,
Assistant Solicitor. 9 Ed. 7    Correspondence re G. T. P. Ry. Co. Terminals, etc.      G 53
To His Honour the Lieutenant-Governor in Council:
The undersigned has the honour to report that in pursuance of the Agreement dated the
29th day of February, 1908, set out in Schedule to and confirmed by chapter 19 of the Statutes
of British Columbia, 1908, the Grand Trunk Pacific Town and Development Company, Limited,
hereinafter referred to as "The Company," has laid out in Prince Rupert a townsite, having
an area of approximately two thousand acres, and has prepared a plan of subdivision thereof,
and of certain lands adjacent thereto, in five sheets, scale 400' = 1", which have been submitted
to and approved and signed by the undersigned, and copies of which are hereto annexed.
That said plan shows the location of the station and workshops of the Grand Trunk Pacific
Railway Company at Prince Rupert, and shows all the lots embraced in said Agreement in
said townsite or adjacent thereto fronting on the sea, and divided into blocks A, B, C, D, E,
F, G, H, land K, and a selection has been made of such water-front blocks; the blocks
coloured green and marked B, D, F, H and K, and having (with a strip across said blocks not
exceeding 60 feet in width of right-of-way coloured red, containing 5.5 acres) a total acreage
above high-water line of 81.5 acres, being selected by the Province, and the remaining waterfront blocks, coloured red and marked A, C, E, G and I, and having a total acreage above the
high-water line of 244.5 acres, being selected by the Townsite Company.
That the Grand Trunk Pacific Railway Company have submitted that, in addition to the
lands required for railway purposes contained in the said water-front blocks, it requires certain
other lands for railway purposes, namely :—
(a.) An additional right-of-way 40 feet in width across the above water-front blocks
selected by the Province, including a width exceeding 40 feet across part of block F, as shown
on plan, amounting in all to 4.5 acres :
(b.) A parcel of land at Morse Creek marked on plan R. 1., containing 74.8 acres :
(c.) A parcel of land at Hayes Cove marked on plan R, containing 14.3 acres :
Amounting together to 93.6 acres:
That of the said 93.6 acres the undersigned recommends that the Lieutenant-Governor
in Council decide that 24 acres are necessary for railway purposes within the meaning
of clause 2 of the said schedule to chapter 19 of the Statutes of 1908, and that the
Province agree to allow the railway company to take the extra 69.6 acres asked for by them,
in lieu of which the Province takes 15.9 acres, coloured green and marked G. 1 on said plan,
and also the four blocks coloured green and marked G. 2, G. 3, G. 4, and G. 5 on said plan,
and containing 7.3 acres, making in all 23.2 acres, but said last-mentioned four blocks are given
to the Province upon the express condition of their being used for Public School purposes
exclusively:
That it has been agreed on behalf of the Railway Company, when requested by the
Lieutenant-Governor in Council, to construct at the expense of the Province an approach or
street through block marked R. 1 to the water-front block of the Province marked B, connecting with one of the streets shown on plan of townsite; also to allow all streets crossing the
water-front blocks of the Province to go by overhead crossing over the railway track, and to
allow a street to the water-frojit across about the middle of block E and over the railway track :
That the Railway Company has also agreed  to extend and operate their main line, as
shown on the plan, to the south-easterly point of  block marked K, and to put in spurs or
sidings, on the usual terms, to all wharves, warehouses or other buildings, either on the water-
' front owned by the Province or on any portion of said water-front lands,  when requested to
do so by the Lieutenant-Governor in Council:
That the Railway Company and Townsite Company have agreed to convey or assign to
the Province all such title as they, or either of them, now have or may at any time hereafter
acquire in the foreshore fronting on the water-front blocks of the Province :
That owing to the protracted negotiations over the approval of said plan, the commencement of the survey on the ground of said townsite has been greatly delayed, and in consequence
the Townsite Company represents that it will be impossible to comply with terms of said
agreement and to complete the survey by the 30th day of September next, and have asked that
the time for the completion of said survey be extended until the 1st day of May, 1909 :
And to recommend that the said plan, hereunto annexed, be approved, subject, however,
to such rectification as may be found necessary when the actual survey is made on the ground
to make it conform to same :
And that the selection of water-front lots above mentioned be confirmed : G 54     Correspondence re G. T. P. Ry. Co. Terminals, etc.      1909
And that the additional right-of-way and blocks R. 1 and R. 2 asked for by the railway
company for railway purposes be allowed to them for such purposes, in consideration of the
Province obtaining the 15.9 acres and four school blocks hereinbefore mentioned, as an
equivalent for the extra acreage over and above what the Province deems actually necessary
for such purposes :
And that the lands coloured yellow on said plan be left unsubdivided for the present and
be subject to such subdivision as may be hereafter agreed upon between the Province and the
Company:
And that the streets shown on said plan within the block marked F. be accepted and
confirmed by the Province as part of the plan of the townsite, and are not to be closed or
interfered with :
And, further, that the time for completion of the survey hereinbefore mentioned be
extended to the 1st day of May, 1909, and that the necessary legislation confirming such
extension be introduced and passed at the next Session of the Legislature :
And that a certified copy of this Minute, if approved, be given to Mr. DArcy Tate,
Assistant Solicitor to said Company.
It being distinctly understood, however, that should the Railway and Townsite Company
fail to give the Province, within 90 days of the date hereof, a valid and binding agreement,
under seal, embodying the terms and agreements on their part hereinbefore set out and
mentioned, that this Order in Council and the approval therein contained shall be subject to
recision.
Dated this 8th day of August, A. D. 1908.
(Signed)        Fred. J. Fulton,
Chief Commissioner of Lands and Works.
Approved this 10th day of August, A. D. 1908.
(Signed)        F. Carter-Cotton,
Presiding Member of the Executive Council.
The plans referred to in the annexed Order in Council are of too bulky a nature to present
with this Return, but the signed copies of same are on fyle in the Provincial Secretary's
Department.
This Indenture of Agreement made this 7th day of September, A. D. 1908, between
His Majesty the King, in the right of His Province of British Columbia, herein
represented and acting by the Honourable Frederick John Fulton, Chief Commissioner of
Lands and Works of the said Province, hereinafter referred to as the Province, of the first
part, The Grand Trunk Pacific Railway Company, hereinafter called "The Railway Company,"
of the second part, and The Grand Trunk Pacific Town and Development Company, Limited,
a Company incorporated for the purpose of acquiring, holding and managing certain lands
along the line of the railway company, hereinafter called " The Townsite Company," of the
third part:
Whereas an agreement bearing date 29th day of February, 1908, was heretofore entered
into between the parties hereto, which agreement forms the schedule to and was confirmed by
chapter 19 of the Statutes of British Columbia, 1908 :
And whereas, in and by the said agreement, the Townsite Company agreed to lay out at
Prince Rupert a townsite, the survey and sub-division thereof to be shown on a plan which
was to be approved by the parties jointly :
And whereas a plan of such subdivision was duly prepared for the Townsite Company and
submitted to the Lieutenant-Governor in Council for approval :
And whereas an Order in Council passed on the 11th day of August, 1908, approving of
the plan of said subdivision and dealing with certain other matters in connection with the
townsite of Prince Rupert, recited an agreement on the part of the Railway Company and the
Townsite Company to do certain things, and required that the said companies should within
90 days give to the Province a valid and binding agreement, under seal, embodying the terms
and agreements set forth on their behalf in said Order in Council, and these presents are
executed by the companies for the purpose of complying with such requirements :
The expression " plan," where here referred to in this agreement, means the plan of the
subdivision of the townsite of Prince Rupert annexed to the said Order in Council, dated 11th
August, 1908: 9 Ed. 7    Correspondence re G. T. P. Ry. Co. Terminals, etc.     G 55
Now, therefore, this indenture witnesseth that the parties hereto have agreed with each
other as follows :
1. The Railway Company agrees with the Province :
(a.) To construct at the expense of the Province an approach or street through  the
block marked R. 1 to the water-front block of the Province marked B on plan,
and connecting with one of the streets as shown thereon, when requested by the
Lieutenant-Governor in Council so to do :
(b.) To allow all streets crossing the water-front blocks of the Province, as shown on
plan, to go by overhead crossing over the railway tracks :
(c.) To allow a street over the railway tracks to the water-front, crossing about the
middle of block E on plan :
(d.) To extend and operate its main line to the south-easterly point of block marked
K on plan :
(e.) To put in spurs or siding on the usual terms to all wharves, warehouses or other
places   on   the   water-front  lands   shown   on   plan,   when   requested   by   the
Lieutenant-Governor in Council so to do.
2. The Railway Company and the Townsite Company severally agree with the Province:
To convey and assign to the Province all such title as they or either of them now
have, or may at any time hereafter acquire, in the foreshore fronting on the
water front blocks of the Province.
3. This Agreement shall extend to and be binding upon the successors and assigns of the
parties hereto respectively.
In-witness whereof, this Agreement has been duly executed by the parties.
The Grand Trunk Pacific Railway Company.
(Signed)        Frank W. Morse,
Vice-President and General Manager.
(Signed) Henry Philips,
Secretary.
The Grand Trunk Pacific Town and Development Co., Ltd.
(Signed)        Frank W. Morse,
Vice-President.
(Signed)        Henry Philips,
Secretary.
(Signed)    D'Arcy Tate.
Victoria, B. C, 16th October, 1908.
Chas. M. Hays, Esq.,
President Grand Trunk Pacific Railway Company,
Montreal, P. Q.
Dear Sir,—Referring to your memorandum regarding various matters at Prince Rupert
and in connection with the Grand Trunk Pacific Railway, which we discussed on Monday and
Tuesday last, I now beg to reply as follows :—
(1) Removal of Squatters.
Instructions were sent Mr. Manson, our Government Agent at Prince Rupert, giving him
authority to act, provided he obtained letters from your Company and Messrs. Houston and
Knox agreeing to abide by his decision, and that Messrs. Houston and Knox further agree
that any buildings or erections on the mineral claims which he may decide, on the advice of
our Surveyor, Mr. J. Fred Ritchie, as being in the way of the surveys, are to be removed, so
as not to interfere with such surveys, and that they assist by every means in their power in the
bringing about of such removal. After this, he is empowered, with the assistance of the Chief
Constable for the district, to bring about the removal of all buildings or erections that may be
in the way of the surveys.
I can convey an assurance that everything will be done by the Provincial Government to
bring about the removal of squatters whenever it is found that they are in any way interfering
with the survey or development of the townsite, or sale of any of the lots. G 56 Correspondence re G. T. P. Ry. Co. Terminals, etc. 1909
(2) Registration of Townsite Plan and Other Matters Ancillary to Placing Lots on
the Market.
In this connection I beg to say that, immediately on the completion of the plan for subdivision, I shall be prepared, in conjunction with your representative, to select the Government
quarter of lots or blocks, and see no reason why such selection should be delayed more than a
day or two after submission of the plan.
With regard to the expenditure of moneys upon improvements of streets and sewerage
works, I am prepared to recommend to our Executive Council that a sum of not exceeding
$200,000 be expended in the construction of plank sidewalks and roadways and the laying of
sewer pipes, the general plan of such work to be first submitted to and approved of by myself,
and the carrying out of same to be under the supervision and direction of one representative
of our Government and either one or two representatives selected by yourself, the vouchers
therefor to be certified to jointly by our representative and yours, and to be paid on such
certificate by our Government Agent at Prince Rupert, in whose hands funds will be placed
for the purpose. Three-quarters of the expenditure of such works to be repaid to us by your
Company within three years from date, with interest at the rate of five per cent, per annum,
the other quarter being paid and borne by the Province.
I am prepared to agree that either party shall be at liberty, on and after the first day of
May, 1909, to offer for sale, in such manner as they may severally elect, all or any portion of
the lots respectively owned by them in the townsite.
(3) Upset Prices.
I would suggest that, after selection of the Government and Company's lots, some representative appointed by you should have a conference with myself and try to arrange a basis
for minimum upset prices on the lots published and offered for sale, as I think it would be
advisable for the Government and the Company to co-operate as much as possible in regard to
the sale of lots.    These prices could subsequently be conjointly revised from time to time.
(4) Re Reserve on Fraser River.
Respecting this matter, we agree to undertake that, in the event of this reserve being
cancelled, provision shall be made providing for a railway right-of-way, according to clauses 8
and 9 of the Agreement of the 29th February, 1908.
(5) Re Coal Lands in Bulkley and Telqoa  Valleys.
With regard to the leases of above lands held by you under the " Coal Mines Act," I beg
to state that these show in the Department as valid and existing leases. I may say further,
that it is the intention of the Government, at the next Session of the Legislature, to amend the
Act in such a way as to replace the present onerous condition of continuous work on each
claim by a provision calling for a reasonable annual expenditure, and also allowing of the consolidation of a number of claims so as to permit work done on one to apply to the group.
(6) Mineral Lands.
With regard to the exemption from the provisions of the " Placer Mining Act," " Mineral
Act" and " Coal Mines Act" of the remainder of the lands acquired, or to be acquired, by
your Company under the Crown grant of 10th March, 1905, and Agreement of 29th February,
1908, I beg to say that an Order in Council was passed on the 24th August last providing for
this. If it should be found that this does not sufficiently cover the point, it is the intention
to supplement it by legislation next Session.
Trusting the above will be satisfactory,
Yours truly,
(Signed)        Fred. J. Fulton,
Chief Commissioner of L. & W. 9 Ed. 7    Correspondence re G. T. P. Ry. Co. Terminals, etc.     G 57
This Agreement made this 19th day of October, A. D. 1908, between His Majesty the
King, in the right of His Province of British Columbia, herein represented and acting by the
Honourable Frederick John Fulton, Chief Commissioner of Lands and Works of the said
Province, hereinafter referred to as the Province, of the first part, and The Grand Trunk
Pacific Railway Company, hereinafter called the Railway Company, of the second part, and
The Grand Trunk Pacific Town and Development Company, Limited, a Company incorporated
for the purpose of acquiring, holding and managing certain lands along the line of the Railway
Company, hereinafter called the Townsite Company, of the third part:
Whereas by Order in Council passed this day, the Province agreed to expend a sum not
exceeding $200,000 in the construction of sewers and certain street improvements at Prince
Rupert:
And whereas the undertaking and agreement between the parties is that the Railway
Company and the Townsite Company shall refund and repay to the Province 75 per cent, of
the amount so expended in the manner hereinafter provided :
Now, therefore, this indenture witnesseth the Railway Company and the Townsite Company, each for itself and its successors and assigns, respectfully covenant with the Province
that they, or one of them, within three years from the date hereof, will repay to the Province
75 per cent, of the sum so expended in the construction of sewers and street improvements at
Prince Rupert (such sum, however, not to exceed in all $200,000), together with interest
thereon at the rate of five per cent, per annum until paid, payable yearly on the first day of
January in each year.
In witness whereof, this agreement has been duly executed by the parties.
His Majesty the King.
Fred. J. Fulton,
Chief Commissioner of Lands and Works.
The Grand Trunk Pacific Railway Co.,
by Frank W.  Morse,
Vice-President and General Manager.
(Seal) Henry Philips,
Secretary.
In the presence of
Aline Mackay.
D'Arcy Tate.
The Grand Trunk Pacific Town and Development Co., Ltd.
by Frank W. Morse,
Vice-President.
(Seal) Henry Philips,
Secretary.
Order in Council referred to herein authorises special warrant for the sum of $200,000
for the carrying on of this work.    Same will appear in the returns  of the Audit Department.
In pursuance of this Agreement, a contract has been let with the Westholme Lumber
Company, Limited, for the construction of 560,000 square feet of plank roadway and 112,000
square feet of plank walks, at Prince Rupert, B. Co., including the necessary grading and close
cutting, at the following rates :—
For building plank roadways, the sum of 15J cents per square foot.
For building plank walks, the sum of 6-| cents per square foot.
For excavating earth, the sum of 60 cents per cubic yard.
For excavating rock, the sum of $1.49 per cubic yard.
For close cutting, the sum of $50 per acre.
In addition to this, advertisements are now running calling for tenders for certain
sewerage works at Prince Rupert, tenders to be in by the 1st February, 1909.
Whereas an Agreement bearing date the 29th day of February, A.D. 1908, was made
between His Majesty the King, in the right of his Province of British Columbia, of the first
part, the Grand Trunk Pacific Railway Company, of the second part, and the Grand Trunk
Pacific Town and Development Company, Limited, of the third part, regarding the sale by His
Majesty to said Railway Company of certain lands at Prince Rupert, in said Province, for the
purpose of a townsite and of terminal facilities for the said Railway Company's railway: G 58 Correspondence re G. T. P. Ry. Co. Terminals, etc. 1909
And whereas said Agreement contained a provision granting exemption of said Railway
Company from the assessment and tax imposed by section 6 of the " Railway Assessment Act,
1907," for the period of ten (10) years from and after the completion of the Railway Company's
railway in the Province of British Columbia to the satisfaction of the Minister of Public
Works : Provided, however, that said exemption shall not extend beyond the thirty-first day
of December, A.D. 1921:
And whereas said Agreement, after having been duly executed by the parties thereto, was
ratified and confirmed and declared to be legally binding upon all the parties thereto by an Act
of the Legislature of British Columbia intituled " An Act respecting the Grand Trunk Pacific
Railway," being chapter 19 of the Statutes of 1908 :
And whereas by an agreement in writing, bearing date the 28th day of February, A. D.
1908, in consideration of the said exemption from taxation to be granted to said Railway
Company, W. Wainwright, Esquire, Second Vice-President of said Railway Company, undertook and agreed that in the construction of the Grand Trunk Pacific Railway within the
Province of British Columbia white labour shall be exclusively employed, unless otherwise
permitted by the Lieutenant-Governor in Council, and that the Railway Company will, on
request, execute a formal document, under the seal of the Railway Company, implementing
said undertaking :
Now, therefore, this Agreement witnesseth, that upon the request of His Majesty the
King, in fulfilment of said undertaking and in consideration of said exemption from taxation,
the Grand Trunk Pacific Railway Company, for itself, its successors and assigns, hereby
covenants and agrees with His Majesty the King and his successors that in the construction
of said railway within the Province of British Columbia white labour shall be exclusively
employed by said Railway Company, its contractors, agents, servants and assigns, unless otherwise permitted by the Lieutenant-Governor in Council.
In witness whereof, this Agreement has been duly executed by the parties this 16th day
of December, A. D. 1908.
(
The Grand Trunk Pacific Railway Company.
(Signed)        W. Wainwright,
Second Vice-President.
(Signed)        Henry Philips,
Secretary.
Signed, sealed and delivered
in presence of
(Signed)    D'Arcy Tate.
victoria, b. c. :
Printed by Richard Wolfendrn, I.S.O., V.D., Printer to the King's Most Excellent Majesty.
1909.

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