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.