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PAPERS Relating to the non-fulfilment by Canada of the Railway Clause of the Terms of Union. British Columbia. Legislative Assembly 1878

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 42 Vic. Railway Correspondence. 703
PAPERS
Relating to the non-fulfilment by Canada of the Railway Clause of the Terms
of Union.
By Command.
T. Basil Humphreys,
Provincial Secretary,
Provincial Secretary's Office,
22nd August, 1878.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor in Council on the 18th day of March, 1878.
On a memorandum from the Hon. .Minister of Finance, dated 16th March, 1878,
reporting that it is desirable that it be represented to the Dominion Government that
definite information relative to the commencement of Railway construction in the
Province should be communicated immediately to this Government, in order that, before
the prorogation of the Provincial Legislature, an assurance may be given of the intention of the Dominion Government to carry out in good faith the intimation of Lord
Carnarvon that the year which has now passed should terminate the delay in beginning
actual construction of Railway, and recommending that His Excellency the Lieutenant-
Governor be requested to forward, by telegraph, to the Secretary of State for the
Dominion, the following despatch:—
"Pacific Railway. Government desire to be definitely informed immediately if
construction will be commenced in this Province at an early period of present season."
The Committee advise that the recommendation be approved.
Certified, (Signed)       Wm. Smithe,
Minister of Finance and Clerk Executive Council.
The Secretary of State to the Lieutenant-Governor.
No. 26. Ottawa, 15th March, 1878.
Received 5th April, 1818.
Sir,—I have the honour to acquaint you, for the information of your Government,
that a despatch has been received from the Right Honourable the Secretary of State for
the Colonies, stating that the present position of the Canadian Pacific Railway question
is under his consideration.   I have, &c,
(Signed)       R. W. Soott, Secretary of State.
The Secretary of State to the Lieutenant-Governor.
Ottawa, 27th March, 1878.
Received 16th April, 1878.
Sir,—Your telegram of March 19th, stating that your Government desired to be
definitely informed immediately if the construction of the Pacific Railroad will be commenced in British Columbia at an early period of the present season, was duly received.
I have to inform you that the Engineers have not yet completed the mapping and 704 Railway Correspondence 1878
calculations of the last season's work. As soon as this is done, the Government will
endeavour to finally decide upon the route to be taken through British Columbia, when
tenders will be invited in accordance with the terms of the Railway Act of 1S74.
No time has been lost by the Government in promoting this enterprise, as they have
pushed on the work as rapidly as possible, with a view to a commencement being made
at the earliest practicable date. I have, &c,
(Signed) R W. Scott, Secretary of State.
The Secretary of State to the Lieutenant-Governor.
Ottawa, 31st May, 1878.
Received 22nd June, 1878.
Sir,—I am directed to transmit to you herewith, for the consideration of your
Government, a copy of a letter from the Secretary of the Department of Public Works,
in which it is requested that certain land therein described may be reserved for the
purpose of the probable terminus of the Canadian Pacific Railway at Burrard Inlet.
I have, &c,
(Signed) R. W. Scott, Secretary of State.
Department or Public Works, Canada,
Ottawa, May 29th, 1878.
Sir,—I am directed by the Honourable the Minister of Public Works to inform you
that an Order in Council has passed, on the 23rd instant, cancelling that of the 7th June,
1873, which designated Esquimalt in Vancouver Island as the Terminus of the Canadian
Pacific Railway, and required the conveyance to the Canadian Government of a strip of
land twenty miles in width along the Eastern Coast of that Island, between Seymour
Narrows and the Harbour of Esquimalt.
I am further directed to state that, as Burrard Inlet will in all probability be
adopted as the Western Terminus of the Canadian Pacific Railway, it is deemed advisable that a strip of land should be reserved, for the conveyance to the Dominion Government, in accordance with the eleventh paragraph of the Terms of Union, along said line
of Railway, beginning at English Bay or Burrard Inlet, and following the Eraser River
to Lytton; thence by the valley of the River Thompson to Kamloops; thence up the
valley of the North Thompson, passing near to Lakes Albreda and Cranberry, to Tete
Jaune Cache; thence up the valley of the Fraser River to tho summit of Yellow Head
or boundary between British Columbia and the North-West Territories.
The Honourable the Minister of Public Works desires me to request you to convey
the foregoing intormation to the Government of British Columbia, in order that they
may take the necessary steps to reserve the land in question.   I have, &c,
(Signed) P. Braun, Secretary.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Excellency the Lieutenant-Governor on the 13th day of July, 1878.
On a Memorandum, dated the 9th day of July, 1878, from the Honourable the
Attorney-General, reporting that the Dominion Government have, by current advertisements in the local newspapers, invited tenders for the removal of over 5,000 tons of steel
rails from Esquimalt and Nanaimo to Yale and other distant places on the River Fraser.
The Committee of Council would observe that, although no official intimation of the
intentions of the Dominion Government with respect to the rails has reached this
Government, yet the advertisements so strongly indicate a determination on the part of 42 Vic. Railway Correspondence. 705
Dominion Government to ignore one of their principal Railway engagements with the
Province, that an expression of opinion by this Government upon the facts before them
seems imperatively necessary: Besides, silence on a matter of such grave importance
might hereafter be regarded as acquiescence in the course contemplated by the Dominion
Government, and possibly be injuriously interpreted as a passive surrender by British
Columbia of one, at least, of its Railway rights. For these reasons the Provincial
Government sent the following telegram on the 3rd instant to the Secretary of State at
Ottawa:—
"Local Government request that the steel rails at Esquimalt be not removed, nor
"contract be awarded tor their removal.    l-i-spatci! on tao subject will follow by mail."
The rails alluded to were landed by the L-ominion Government, at Esquimalt and
Nanaimo in 1875, ostensibly for the purpose of carrying into effect that condition of the
Railway Settlement of 1874 which expressly b. und the Dominion to establish immediate
Railway communication between Esquimalt and Nanaimo—an obligation that still exists
and that has not been, even partially, observed though the necessary surveys of the
route have long since been completed.
Tho proposed transport of the rails lif carried out) must be regarded as a deliberate
infraction, by the Dominion Government, of the above obligation, as their removal will,
of necessity, indefinitely postpone the construction of a work which, in J 874, they undertook, after much deliberation, to press to completion " with all practicable dispatch."
The Committee therefore protest against the rails being removed or used except
for the purpose for which they were manifestly intended, and they would strongly but
respectfully urge the Dominion Government to adhere to their Railway engagements
with the Province.
The Committee also deem it advisable that the Dominion Government should be
respectfully requested to immediately inform this Government of their intentions with
respect to Railway construction both on the.Mainland and Island, in order that the
information may be imparted to the House of Assembly early in August next.
The Committee advise that, if this Minute be approved, a copy thereof be sent to
the Dominion Government with a request that the information asked for be forwarded
as desired.
Certified, (Signed)       T. Basil Humphreys,
Provincial Secretary and Clerk Executive Council.
The Lieutenant-Governor to the Secretary of State.
Government House, Victoria, B. C,
July 16th, 1878.
Sir,—Referring to my telegram to you of the 3rd instant, requesting that certain
steel rails lying at Esquimalt be not removed, nor contract awarded for their removal,
as advertised for in the local newspapers, I have now the honour to enclose you a copy
of a Minute of my Executive Council, giving the views of my Government on this
subject. I have, &c,
(Signed) A. N. Richards.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 3rd day of August, 1878.
The Committee of Council recommend that a Reservation, in accordance with the
request of the Dominion Government, as expressed in their despatch of the 31st of May,
1878, be made of all lands lying within the limits mentioned in the said despatch, save
such lands as have been applied for undor the 61st and 62nd Sections of the Land Act
of 1875, and lands that have been alienated under tho provisions of the said Act, or that
are held or occupied by Settlers on the date hereof.
The Committee would remark that the reservation of the land is not required by or
in accordance with the Terms of Union, but that they consider it advisablo in order to
facilitate and, if possible, hasten Railway construction on the Mainland. 706 Railway Correspondence. 1878
The Committee advise that the recommendation be approved, and that the Dominion
Government be furnished with a copy hereof, and also be informed that the Reservation
has been made.
Certified,       (Signed)       T. Basil Humphreys,
Provincial Secretary and Clerk of the Executive Council.
The Secretary of State to the Lieutenant-Governor.
Ottawa, 5th August, 1878.
Received 20th August, 1878.
Sir,—Adverting to your telegram of the 3rd ultimo, and to your despatch, No. 71,
of the 16th ultimo, and its accompanying copy of a Minute of your Executive Council,
requesting that certain steel rails, now lying at Esquimalt and Nanaimo, may not be
removed, I have the honour to acquaint you, for the information of your Government,
that the rails in question are being removed to the neighbourhood of Yale, where it is
the intention of the Government to commence the construction of the Canada Pacific
Railway, under the Act of 1874.
I may remark that it will be seen by the advertisement, that this Government
advertised for tenders for the removal of these rails with the above object in view.
I have, &c,
(Signed) R. W. Scott, Secretary of State.

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