6 Ed. 7 Kaien Island Land Grant. F 17
RETURN
To an Order of the House for copies of all Orders in Council, agreements, grants,
maps, letters, telegrams, or other papers in possession of the Government, relative
to the acquisition by the Grand Trunk Pacific Railway Company of lands at
Kai-en Island, or elsewhere in British Columbia, whether for right-of-way, terminal
or townsite purposes, or by way of subsidy.
R. F. GREEN,
Chief Commissioner of Lands and Works.
Lands and Works Department,
18th January, 1906.
Victoria, B. C, March 9th, 1905.
Hon. Richard McBride,
Premier, Victoria, B. C.
Sir,—Referring to our several conversations, at which time you discussed the action your
Government might be willing to take, in order to secure for the Province of British Columbia
the greatest possible advantages that will accrue to it by the construction of the Grand Trunk
Pacific Railway.
I beg to assure you it is the desire of the Company to do all that is possible to give the
maximum benefits to the Provinces through which it will pass, in proportion to the mileage
built therein.
Our plans are to first construct a line connecting Lake Superior with Winnipeg, continuing our surveys in the Eastern Provinces, and west of Winnipeg to the Pacific Coast. Upon
completing into Winnipeg, to construct from there west, thus passing through a well-populated
country, and one that produces traffic. By doing this the line would also be in connection
with the business centre of Eastern Canada, and would have traffic constantly coming along
the new line, and to the end of same.
I understand your desire is to secure for the Province of British Columbia as great an
expenditure of money in British Columbia as is possible, and at the same time have construction commence at an early date.
We have carefully figured on the cost of building the new line, bringing in our supplies
and equipment, and find that the policy laid down for our guidance, to build from the East to
the West, is the most economical.
Should we reverse the conditions, it will not be only more expensive for us, in the way of
getting labour, supplies and material to the front, but we will, for a considerable period, have a
large amount of money invested in property on which we will be paying an interest charge,
and on which we will have absolutely no return, i. e., there will be no local business upon the
line, and it cannot be used as a through line until connected with the line from the East.
I understand your Government is not in favour of cash subsidies, under any circumstances,
and that in the case of the Grand Trunk Pacific, some feel that the guarantee we have
received from the Dominion Government is the limit of assistance that should be accorded to
us. Such being the case, we will be obliged to carry on our work in the most economical
manner, and reduce our interest charge to the minimum, by having as little disconnected line
as possible.
In an endeavour to produce the results you desire for the Province, I would ask if your
Government will consider the advisability of bringing down a Bill, at this Session, granting to
the Grand Trunk Pacific Railway Company:—
1. Right-of-way, not exceeding two hundred feet, across Crown lands, for main and
branch lines, excepting where additional widths are required, for sidings, stations, sheds,
wharves, warehouses, embankments, cuts, bridges, culverts, drains, and other works and
approaches thereto.
2. Fifteen thousand acres of land for each mile of main and branch line to be constructed
in the Province of British Columbia. F 18 Kaien Island Land Grant. 1906
3. Exemption from taxation for thirty years from completion of said railway of equipment, stations and station grounds, work-shops, buildings, yards, rolling stock, appliances, and
other property required and used for the construction, equipment and working of the said line
of railway, and all personal property owned or possessed by the Company, also capital stock
of the Company.
4. The Railway Company to have the privilege to take from any public lands adjacent to
or near the line of said railway or branches all stone, timber or gravel, or other material
necessary or useful for construction of the railway, and also, where necessary, to fill in upon
any public lands.
5. In case townsites are afterwards created on any of the lands granted, the provisions
of the Land Act (section 32) are not to apply. This provision not to apply to the lands on
which the permanent western terminus is located. Provided, the Grand Trunk Pacific Railway Company will:—
A. Commence construction in British Columbia, on the Pacific Coast, as soon as the
terminal site is determined upon, which, it is expected, will be on or before June 30th.
B. To build from the terminal East, upon receiving the first one hundred miles of location
from the engineering department, the necessary parties to be put in the field to secure this
information this year.
C. The Company to immediately make their financial arrangements for the entire British
Columbia construction.
D. Will continue construction through British Columbia, from the Pacific Coast eastward
to the summit of the Rocky Mountains, bringing, of course, all labour, supplies and material
for this portion of the road in from the Coast, and procuring, as far as practicable, all things
being equal, supplies for this portion of the road in British Columbia.
E. To establish connection between the Grand Trunk Pacific terminus and the southern
portion of the Province.
F. The Company to dispose of any lands it may secure at Government schedule of prices,
under three headings, namely: first, second, and third class, such prices being five dollars, two
dollars and fifty cents, and one dollar per acre, respectively.
I have, etc.,
(Signed)        Frank W. Morse,
Vice-Pres't. and General Manager.
Victoria, B. C, March 17th, 1905.
Frank W. Morse, Esq.,
Vice-President and General Manager, Grand Trunk Pacific Railway,
Victoria, B. C.
Dear Sir,—I am in receipt of your favour of the 9th inst. asking if the Government
would consider the advisability of introducing a Bill at the present Session of the Legislature
granting to the Grand Trunk Pacific Railway Company certain concessions stated in your
letter.
In reply, I would state that this question has been placed before and considered by the
Executive Council, and the decision arrived at is that your proposal cannot be entertained.
Yours truly,
(Signed) Richard McBride,
Premier.
Edmonton, Alta., March 20th, 1905.
Dear Mr. McBride,—I beg to acknowledge your letter of March 17th., in reply to mine
of the 9th inst., in which I set forth the conditions under which construction of the Grand
Trunk Pacific in British Columbia might be commenced on the Pacific Coast and built through
to the East.
Note that the proposition is rejected by the Executive Council, which, I take it, permanently disposes of the subject.
Yours very truly,
Hon. Richard McBride. Premier, (Signed) Frank W. Morse.
Victoria, B. C. 6 Ed. 7 Kaien Island Land Grant. F 19
Victoria, B. C, February 21st., 1905.
The Honourable the Chief Commissioner
of Lands and Works, Victoria, B. C.
Sir,—In connection with the subject referred to in the Order in Council dated the 4th of
May, 1904, under the terms of which it was arranged that certain lands situate on Kaien
Island should be conveyed to the Grand Trunk Pacific Railway Company for terminal purposes,
the Company, after investigating the subject, has learned that for the railway yards, coal
docks, etc., it will be advisable—in fact, necessary—to obtain a certain portion of the Indian
Reserve which immediately adjoins the land already surveyed under the provisions of the
Order in Council above referred.
The Company is desirous, therefore, of entering into negotiations with the Government
for the acquisition of their revisionary interest in these lands. You know that the Indian title
must be first extinguished. The Company will be obliged to deal with the Government of
Canada on that subject. The value of the local Government's interest is not as great as it
would be if they possessed the unencumbered fee. We should be glad, however, to have some
idea of the price which the Government would ask for their interest, provided that we can
arrange with the Dominion Government for the removal of the Indians.
You will remember that the writer mentioned this subject to you a day or two since, and
you stated that the Government prefer that the proposition should come from the Company.
The writer has conferred with Mr. Morse, who is here now representing the Grand Trunk
Pacific Railway Company in these transactions, and it seems to us fair to suggest that the
Government, after the Indian title is extinguished, should convey that portion of the lands
required by the Company and should retain a one-quarter interest in those lands.
As the situation now is, the lands are practically valueless; they are not fit for occupation
or settlement, and can only be used for the townsite or railway purposes. Under the
Company's plan, these lands will not form a part of the town proper, that is to say, they are
not likely to have any value for ordinary business lots, or for residence purposes; they will be
used by the Company in connection with the railway service; and in these circumstances, and
also considering the fact that the Government will own a very considerable interest in the
rest of the townsite, it seems to us that it would be reasonable to convey an undivided three-
quarters to the Company. It should always be remembered that it will be the expenditure of
their money and their enterprise which will give these lands any value to the Government or
to the public generally.
We have, &c,
(Signed)        Bodwell & Lawson,
Solicitors for the G. T. P. Ry. Co.
Victoria, March 17th, 1905.
Frank W. Morse,
Vice-President and General Manager, Grand Trunk Pacific Railway,
Victoria, B. C.
Dear Sir,—Adverting to our several conferences and to the solicitors for your Company,
Messrs. Bodwell & Lawson's communications to the Chief Commissioner of Lands and Works
of the 9th instant and 21st. ultimo, respectively, regarding the proposal of your Company to
acquire a portion of the Tsimpsean Indian Reserve on Kaien Island for railway purposes, I
beg to advise you that this matter has been considered by the Government, and, as a result,
the following conclusions are submitted.
1. No disposition of any portion of this reserve can be made unless and until the Dominion
Government removes the Indians from the reserve, or from that portion thereof with which it
is intended to deal.
2. In such case the Government is willing, upon your Company satisfying the Chief
Commissioner of Lands and Works of the necessity of securing additional holdings in that
vicinity for the purpose of its railway, that no disposition of any portion of such lands shall
be made without first offering your Company an opportunity to purchase them.
Yours truly,
(Signed)        Richard McBride,
Premier. F 20 Kaien Island Land Grant. 1906
Victoria, B. C, January 19th, 1904.
Sir,—The question of the location of the western terminus of the Grand Trunk Pacific
is one which will very soon engage the attention of the Government, and I am instructed by
certain clients to lay before you the following points for your consideration :—
It is of the greatest importance that the terminus should be located on land of such a
character that the Government, on behalf of the people of the Province, will derive a direct
benefit under those sections of the Land Act which allow them to retain one-quarter of any
land granted, which may, after the grant, be used as a townsite. Tuck Inlet is known to be
a favourable location for a harbour and terminal purposes. On one side of the inlet the land
is covered by an Indian Reserve, on which a possible site for a terminus can be found, namely,
the east shore of Digny Island. If that spot should be selected by the Grand Trunk Pacific,
the arrangement will be made entirely with the Dominion Government and no direct benefit
will be obtained by the Province.
If a terminus is located at Port Simpson or Kitamaat Arm, the same result will follow, as
the land is held by private owners, and the greater number of the locations are dated prior
to April 17th, 1896, and, therefore, the Government will have no interest in the townsite
established.
It is possible, however, to so arrange matters that the terminus can be located on
unoccupied Crown lands, and in the circumstances I propose the following for your consideration :—
Under section 39, chapter 113, of the Land Act, the Governor in Council is authorised to
make free, or partially free, grants of unoccupied, unappropriated Crown lands for any purposes
of public advantage. From enquiries which I have caused to be made, I understand that a
tract of suitable land can be obtained from the Crown lands surrounding Tuck Inlet, on the
Tsimpsean Peninsula, which are now covered by a reserve. I suggest that my clients form
a company to acquire these lands—say 10,000 acres—including foreshore and waterfront, in
blocks of not less than half a mile square; a grant of the lands to be made by the Crown to
the Company and the latter undertaking to negotiate with the Grand Trunk Pacific for the
establishment of their western terminus, subject to the following conditions :—
1. The Company will pay to the Government the sum of $1.00 per acre for the land, as
soon as the survey of the same has been completed.
2. If the Company shall fail to secure the establishment of the western terminus on the
site selected within twelve months from the date of the grant, the land shall revert to the
Crown, and the Company shall have no claim against the Government for expenses of survey,
etc., but shall be refunded the purchase price of $1.00 per acre paid at the time of the survey.
3. The Company will, if required by the Government, deposit a reasonable sum as a
guarantee of good faith, and are prepared to give you, in confidence, satisfactory assurances of
their ability to. carry on the negotiations they have indicated, and to perform any covenants
which they may undertake in the premises.
The Company will be incorporated under the laws of the Province of  British Columbia.
The advantages to accrue to the Government will be :—
1. The establishment of the terminus at a suitable place :
2. The receipt of the sum of $10,000 in cash, which is the Government price for lands
of the character above described :
3. The one-quarter of the lots in the townsite, which property would be of very great
value.
The Company will not bind itself to procure the establishment of the terminus on the
site selected, but will guarantee to use its very best efforts in that behalf, and will pledge
itself not to attempt to dispose of the lands, or any part of them, for any other purpose
whatever.
If the Government consider this proposition favourably, we are prepared at once to carry
out the plan suggested. We can give you a sufficient description of the land to locate the
same generally in your Department, and will proceed immediately with the surveys, so that
the Crown grants can issue in due course.
I have <fec,
(Signed)        E. V. Bodwell.
To the Honourable
The Chief Commissioner of Lands and Works. 6 Ed. 7 Kaien Island Land Grant. F 21
Lands and Works Department,
Victoria, 21st February, 1905.
Sir,—Referring to the delay which has taken place in the issuance of the Crown grants
covering certain lands in the Tsimpsean Peninsula, near Tucks Inlet, referred to in Order in
Council dated 4th May, 1904, I beg to inform you, at your request, that the title to such lands
could have been transferred to you in August or September last, but for the fact that a petition
under the Land Act was filed on behalf of a party named Taylor, who claimed to have located
a portion of the lands in question under the " South African War Land Grant Act."
It has not been convenient for the Attorney-General's Department to get this matter on
for hearing up to the present, and the Government did not deem it wise to actually deliver the
grants until the matter referred to in the petition had been disposed of.
At the time that the issuance of these grants was interfered with, as above stated, and
from that period up to the present I have been satisfied, from the facts and circumstances
which you have from time to time brought to my attention, that there was a bona fide desire
on the part of the Grand Trunk Pacific Railway Company to carry out their part of the undertaking, and that the terminus of the road would in due course be permanently located on the
lands in question; provided the title thereto could be transferred by the Government to the
Company.
However, there is every probability that the matter will now be brought to a speedy
termination, and the Government is prepared, as soon as the legal provisions are complied
with, to deliver the grants in compliance with the terms named in the Order in Council above
referred to.
I am, etc.,
E. V. Bodwell, Esq., K. C, (Signed)        R. F. Green.
Victoria, B. C. Chief Commissioner of Lands and Works.
Whereas on the 3rd day of May, 1904, an Order in Council was passed, a copy of which
is hereto annexed :
And whereas the lands referred to in such Order in Council have been surveyed and
Crown grants thereof have been issued and are now ready for delivery:
And whereas the sum of ten thousand dollars ($10,000.00), referred to in Clause 8 of the
said Order in Council, has been duly paid :
And whereas evidence has been produced, satisfactory to the Chief Commissioner of Lands
and Works, that the terminus of the Grand Trunk Pacific Railway will be located on some
portion of the said lands, and that the townsite surrounding said terminus will be created as
referred to in clause 2 of the said Order in Council:
And whereas it is expedient to file with the Chief Commissioner of Lands and Works a
written approval of the terms of the said Order, signed by the proper officer in that behalf of
the Grand Trunk Pacific Railway Company :
And whereas Frank W. Morse, whose signature is attached hereto, is the Vice-President
and General Manager of the said Grand Trunk Pacific Railway Company, and is the officer of
the said Company properly authorised to give the said approval, and hereby undertakes to do so:
Now, therefore, it is witnessed by these presents that I, Frank W. Morse, Vice-President
and General Manager of the Grand Trunk Pacific Railway Company, do hereby certify that
the Company approves of all the terms and conditions expressed in the Order in Council of the
3rd day of May, 1904, a copy of which is attached hereto; and further declare that the lands
in question are to be taken over by the Grand Trunk Pacific Railway Company, on the terms
and conditions expressed in the said Order in Council, and that the western terminus of the
Grand Trunk Pacific Railway will be located on some portion of the said lands, and that the
townsite surrounding the said terminus will be located on the lands so to be conveyed in the
said Crown grants; and, further, that the Company will observe all the conditions expressed
in the said Order in Council to be performed by it, and will accept the conveyance of the said
lands on the conditions mentioned in the said Crown grants; and, further, that if the Chief
Commissioner of Lands and Works shall so request, I will in due course procure a formal
ratification of this certificate by the Directors of the Company.
As witness my hand at the City of Victoria, Province of British Columbia, the 6th day
of March, A. D., 1905.
(Signed)       Frank W. Morse. F 22 Kaien Island Land Grant. 1906
Victoria, B. C, 9th March, 1905.
Sir,—Referring to the Order in Council of the 4th of May, 1904, respecting the lands to
be conveyed by the Government to me for the purposes of the western terminus for the Grand
Trunk Pacific Railway Company, I am instructed by the Company and I hereby direct and
request that the Crown grant should issue directly to the Grand Trunk Pacific Railway Company instead of to me. As you are aware, in that matter I was simply acting as the trustee
for the Company, and it will save conveyancing and serve every purpose of the order if the
grant is made directly to the Company.
I am,  etc.,
To the Honourable (Signed)        E. V. Bodwell.
The Chief Commissioner of Lands and Works,
Victoria, B. C.
(Signed)        Henri G. Joly de Lotbiniere,
Lieutenant-Governor.
LAND ACT.
Province of        ) (Signed)       W. S. Gore,
British Columbia.   / Deputy Commissioner of Lands and. Works.
No   1^-
rv o.   x 6 2
EDWARD VII., by the Grace of God, of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the Seas, King,
Defender of the Faith, &c, &c.
To all to whom these presents shall come, Greeting:
KNOW YE, that We do by these presents, for Us, Our Heirs and Successors, in consideration of the fulfilment of the terms of an Order in Council, approved by His Honour the
Lieutenant-Governor on the fourth day of May, 1904, and of the sum of Ten Thousand Dollars
to Us paid, give and grant unto The Grand Trunk Pacific Railway Company, its successors and
assigns, all those parcels or lots of land situated in Coast District, said to contain ten thousand
(10,000) acres, more or less, and more particularly described on the map or plan hereunto
annexed and coloured red, and numbered Lots Two hundred and fifty-one (251), Four hundred
and forty-three (443), and Four hundred and forty-four (444), Range Five (5), on the official
plan or survey of the said Coast District, in the Province of British Columbia, To have and
To hold the said parcels or lots of land, and all and singular the premises hereby granted, with
their appurtenances, together with (where any of the lands so described abut upon, or form
the shore of, any tidal waters, or the bank of any river, lake or stream) all the foreshore and
riparian rights which We, in the right of Our Province of British Columbia, may have in the
said lands, including the lands below as well as above high-water mark, unto the said Grand
Trunk Pacific Railway Company, its successors and assigns, for ever.
1. Provided, nevertheless, that it shall at all times be lawful for Us, Our Heirs and
Successors, or for any person or persons acting in that behalf by Our or their authority, to
resume any part of the said lands which it may be deemed necessary to resume for making
roads, canals, bridges, towing-paths, or other works of public utility or convenience ; so nevertheless that the lands so to be resumed shall not exceed one-twentieth part of the whole of the
lands aforesaid, and that no such resumption shall be made of any lands on which any buildings
may have been erected, or which may be in use as gardens or otherwise for the more convenient
occupation of any such buildings.
2. Provided, also, that it shall at all times be lawful for Us, Our Heirs and Successors,
or for any person or persons acting under Our or their authority, to enter into and upon any
part of the said lands, and to raise and get thereout any minerals, precious or base, including 6 Ed. 7 Kaien Island Land Grant. F 23
coal and petroleum, which may be thereupon or thereunder situate, and to use and enjoy any
and every part of the same land, and of the easements and privileges thereto belonging, for the
purpose of such raising and getting, and every other purpose connected therewith, paying in
respect of such raising, getting and use reasonable compensation.
3. Provided, also, that it shall be lawful for any person duly authorised in that behalf by
Us, Our Heirs and Successors, to take and occupy such water privileges, and to have and enjoy
such rights of carrying water over, through, or under any parts of the hereditaments hereby
granted, as may be reasonably required for mining or agricultural purposes in the vicinity of
the said hereditaments, paying therefor a reasonable compensation to the aforesaid Grand Trunk
Pacific Railway Company, its successors or assigns.
4. Provided, also, that it shall be at all times lawful for any person duly authorised in
that behalf by Us, Our Heirs and Successors, to take from or upon any part of the hereditaments hereby granted, without compensation, any gravel, sand, stone, lime, timber or other
material which may be required in the construction, maintenance or repair of any roads, ferries,
bridges or other public works.
5. Provided, also, that in the event of any of the lands hereby granted being divided into
town lots, one-fourth of all the blocks of lots, to be selected as provided in section 32 of the
" Land Act," shall be re-conveyed to Us and Our successors.
6. Provided, further, that the land hereby granted fronting on the sea or other waterway
shall be divided into blocks having a frontage on the sea or waterway of not less than one
thousand (1,000) feet, and the selection of the water front lands so divided shall be in conformity with section 32 of the " Land Act," and shall be re-conveyed to Us and Our Successors,
together with the land appurtenant thereto above and below low-water mark, upon the request
of the Chief Commissioner of Lands and Works.
7. Provided, further, that there shall be re-conveyed to Us and Our Successors, upon the
request of the Chief Commissioner of Lands and Works, one-fourth of all the land embraced
in this grant that shall not be divided into town lots or water front blocks, the said lands to
be divided into blocks containing not more than eighty acres, and the selection of said lands to
be in conformity with section 32 of the " Land Act."
8. Provided, further, that any re-conveyance to Us and Our Successors of any of the lots
hereinbefore mentioned shall include (when the lands so described abut upon or form the shore
of any tidal waters, or the bank of any river, lake or stream) all the foreshore and riparian
rights, including the lands above and below low-water mark.
9. Provided, also, that all travelled streets, roads, trails and other highways existing over
or through said lands at the date hereof shall be excepted from this grant.
In testimony whereof, We have caused these Our Letters to be made Patent, and
the Great Seal of Our Province of British Columbia to be hereunto affixed :
Witness, His Honour the Honourable Sir Henri Gustave Joly de Lotbiniere,
K. C. M. G., Lieutenant-Governor of Our said Province of British Columbia, at Our
Government House, in Our City of Victoria, this Tenth day of March, in the year
of Our Lord One thousand nine hundred and five, and in the fifth year of Our
Reign.
By Command.
(Signed)        FRED. J. FULTON,
Provincial Secretary.
victoria, b. c.
Printed by Richard WoLFRNDRK, V.D., I.S.O., Printer to the King's Most Kxcellent Majesty.
1906.