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HomeMy WebLinkAboutThe Exeter Times, 1887-1-27, Page 9SUPPLEMENT TO THE "EXETER TIMES." a ISPUTABLE FAOTS —CONCERNING— The Timber Limits in the Disputed Territory OF. ONTARIO. One of the most common charges made against the government of Sir John Mac- donald is that it has, inlviolation of the rights of the Provincial Government of Ontario, given away, at nominal price& and for cor- rupt purposes, the timber limits comprised within the "disputed territory" west of Thunder I3ay. Mr. Goo. W. Ross, in one of his speeches :taring the repent campaign in Ontario, said : What has the Dominion Gnv. "erument done• -not with their own timber "lituite, but with ours ? They have sold "large and valuable timber limits in the dirt. puted territory, after the Privy Council had "declared it to be within the limits of the "Province of Ontario, at the rate of $5 per "square mile as against cur $400." Mr. Mowat and others made substantially the same statement. Mr. Ross gave a list of twenty-six persons who, he said, had receiv- ed these limits. It so happens that seven names were duplicated in this list ; the first seven being repeated at the end. Of the balance, nineteen, thirteen never obtained licenses, thiugh orders -in -council were passed authorizing the minister to grant thein, and were, therefore, never in a posi- tion to cut a stick of timber on the limits. Four of these, however, paid one year's reietal in,advanee, or in the aggregate $1000, whi8li has not been refunded. The other six on the list obtained licenses, and paid on account of rental $1970 ; but as they did not erect mills, and as the licenses were not renewed at the end of the year for which they were granted, and have not since been renewed, the only result to then has been the loss of the money they paid to the government. So that. the disputed territory Is not the poorer by a single stick of timber by the action of the Government in respect of the nineteen persons named by Mr. Ross. Itis proper, however, to state precisely what has been -the action of the Governmeut in respect to the timber in this disputed territory. On the 26th day of June, 1874, an arrangement was made and confirmed by order -in -council of the 8th of July fol- lowing, between the Dominion and Ontario Governments, the former represented by Mr. Laird, Minister of the Interior, and the latter Mr. Pardee„ by which that portion of the so-called •'disputed territor ,i', lying west of a line pass- ing th ualj the most easterly point of Hunte Island, was to he admit Stered by the Goternment of Canada, the Ontario Government agreeing to confirm all titles given by it, during tie period of such ad- ministration. Under this arrangement four twenty-one years' licenses were granted to cut timber as follows :—S. 11. Fowler of Fort Frances, the date of the order -in - council being 19th March, 1375, and of the lease 2nd March, 1876, for one hundred 1 square miles ; Fuller & Co , Hamilton, date of order -in council and lease respectively being 22nd of July, 1875, for sixty square miles ; W. J. Macaulay, Winnipeg, date of order -in -council being 18th April, 1878, and of lease let May, 1878, for 74 59-100 square miles ; and W. J. vlacaulay, date of order 5th April, 1880, and of lease 12th October, 1880, for 25 41.100 miles, this last ' lease being to complete the area of 100 square miles, authorized when the first lease was granted to Macaulay. Fowler's lease was subsequently assigned to the Rainy Lake Lumber company, and Fuller & Co's. to the Keewatin Lumbering com- pany. These leases are still in existence. THEY ARE THE ONLY AUTHORITY FROM THE GJVERNMENT OF CAN- ADA, UNDER WHICH TIMBER HAS BEEN CUT IN THE "DISPUTED TER- ITORY," SINCE 31sT. OF DECEMBER, 1885. The first three were issued by Mi. 'Mackenzie's Government, and the last by the Government of Sir John Macdonald, in completion of the arrangement made by his predecessor. The terms of the leases were made by Mr, Mackenzie's Government, and in view of the complaint which is made by Mr. Ross, it is worth while pointing out that the annual rental was only $2, instead of $5 as. has been charged by the present Government, that the leases were for twenty-one years, instead of yearly licenses since issued, and that they gave the lessees control of the land, with power to evict settlers --a power which has in at least one case been exercised—while the yearly licenses since granted gave no such power. Here is the clause of the lease giving that power :— "6. The present lease shall vest in the said lessees during its continuance the right to take and keep exclusive possession of the lands herein above described subject to the condition herein before provided ; and this lease shall vest in the holder thereof, all right of property whatsoever in all trees, timber, lumber and. other products of timber cut within the limits of the lease daring the continuance thereof, whether such trees, timber and lumber or products be out by authority of the bolder of such lease• or by any other person with or without his consent and his lease shall entitle the lessee to seize in replevin, revendieatiou or otherwise, as his property, such timber where the same is found in the poiseesion of any unauthorized person and also to bring any aotion or suit at law or in equity a;ainat any party unlaw- fully in possession of any such timber OR OF ANY LkND SO LEASED AND TO PROSECUTE ALL TRESPASSERS THEREON and other such offenders as aforesaid, to conviction and pnnishtneut and to recover damages if any, and all proceed- ings pending at the expiration of the present lease may be continued and oompleted as if the same had not expired," That clause was sanctioned by the signa- tures of David Laird, Minister of the Interior, R. W. Stott, secretary of state, and Edward Blake, minister of justice. It is proper to state that in the case of the first lease a bonus of $20 a.al in the case of the others a bonus of $15 a square mile was given. But spreading these bonuses over,. the twenty-one years, the rental would still be not more than an average of $3 a mile. Ir, THEREF.JRE, THERE IS TIM11VR BEING CUT TO -DAY, IN THE "DIS- PUTED TERRITORY" UNDER •AU- THORITY OF THE GOVERNMENT OF CANADA, THE RESPONSIBILITY RESTS WITH THE GOVERNMENT OF MR. MACKENZIE, NOT WITH THAT OF SIR JOHN A. MACDONALD. The present Govcyrninent changed the policy. The system l oaf twenty-one year leases, with the extraordinary powers con- tained in them, was abandoned, and a sys- tem of yearly licenses was substituted. The rental was made $5 a mile, instead of $2 with a $15 bonus spread oyer the twenty- one years, as had before prevailed. Where two or more persons applied for the same limit, they were required to compete, and the person offering the largest bonus got the license, if he complied with the other con- ditions. Under this new policy, 121 orders - in -council were passed authorizing the issue of yearly licenses, averaging about -fifty sgaare miles each. Of these nine were in substitution for other orders authorizmg the granting of berths in the shine district, which were cancelled. These orders, how- ever, gave no authority to the persons named in thein to 'cut timber until they had made the survey of the limit applied for and obtained the license. One year's rental in advance was required to be paid, after the order was passed and before the license issued, or even the authority to survey was granted. Although only twenty-two yearly licensees were issued under the authority of these orders -in -council. It is complained that the Government continued to deal with the timber in the "disputed territory" after the decision of the Privy Council. The facts are these : Immediately after the decision an opinion of the Minister of Justice, Sir Alexander j Campbell, was obtained in which it was stated that "inasmuch as the Crown, as re - "presented by the Government of Canada, "acqured by surrender from the Indians "their right and title in the lands in ques- "tion, and is in possession thereof, the un- "dersigned ii of opinion that there is no "objection to the Minister of the Interior "giving effect to the arrangements which he "had made anterior to the decision as men - "boned in his report by issuing licenses in "the usual way." Acting under this opinion licenses were issued to such of those to whom the Minis- `er of the Interior• had been previously au- thorized to issue then who returned their notes of survey, to the number of twenty- one. wentyone. The persons to whom these licenses were granted paid to the department by way of advance rents, the num of $5035.84 ; and two of them who had to compete, in conse- quence of there being other applicants, paid in addition $1124 by way of bonuses. ONLY ONE OF THESE TWENTY-ONE LICENSEES EVER CUT A STICK OF TIMBER IN THE "DISPUTED TERRI- TORY"; THE LAST OF THE LICENSES EXPIRED ON THE 31st DECEMBER, 1885 ; AND THE GOVERNMENT HAS IN EVERY CASE REFUSED TO RENEW THEM. Acting under the swine opinions, orders in council were passed in the latter part of 1884, and subsequent • to the llth August, 1884, authorizing the Minister of the Interior to issue licenses to twenty-four applicants. But these were never acted upon, no single license having been issued under them. A clerical error in these orders in °council had led to some misapprehension on this point. It is explained in the follow- ing correspondence : "OTTAWA, Jan. 8th, 1887. "DEAa SIa—In the detailed statementof timber leases and licenses within the "dis- puted territory" which you have furnished me, no license appears to have been issued under the authority of orders passed since the decision of the Judical Committee ofthe Privy Council on the boundary question, Are you quite sure on this point, as the orders "them- selves convey a different impression. "Yours truly "THOMAS WHITE." "G. U. BUSY, EOG." CROWN TIMBER OFFICE OTTAWA, January 10th, 1887. DEAR SIn.—I have made a careful exami- nation of the books in this branch, and am quite certain that the statement I' have fur- nished you is correct. No license has been issued under any order in Council passed since the decision of the Privy Counoil. The misapprehension has arisen from a misteke of the clerks in the Privy Conseil office. The order in council passed 25th ()wptober, 1884, Antes : "On a memorandum Fated 3rd Ode - "bar, 1884. from the Minister of the Interior "representing that licenses to out timber in "the Province of Manitoba have been granted, "eto., etc ; "whereas the terms of themem- orandum were . "The undersigned, (the "Minister of the Interior) has the honor to "submit to annexedlist of personaTO WHOM "H r; HAS BEEN AUTHORIZED BY "COUNCIL TO ISSUE LICENSES TO CUT "TIMBER" etc., ete. As 1 have said no license has been issued under the authority of these ordersiu Council. Yours respectfully, "G. U. RYLEY." HON. THOS. WHITE. The result, therefore, of the Government's administration of the timber resources ,Of the "Disputed territory" is this:—Four twenty-one year leases have been granted, three of them by the Mackenzie Governmeint and one, for a small area to complete that authorized by Mr. Macken�i 'try that of Sir John Macdonald. Thrl holders of these leases are the ouly persons now cutting tim- ber in the "disputed territory" under au- thority of the Government of Canada. The, present Government issued in all twenty- two yearly licenses, but only one of these licensees has ever cut timber under the au- thority of these licenses ; they have all lap- sed and the Government has refused to renew them. Six of those from whom orders-in-councilwere passed, but who never obtained licenses, paid by way of bonus for ' the limits they were applying for, the ag- gregate sum of $4137 50. Some permits were granted, and it is pro- per to refer to them. In all sixty-four of these permits were granted, fifty-seven of thein before the decision of the judical com- mittee of the Privy council, and seven sub- sequent to that date. These seven were for cutting cord -wood exclusively, and they were all issued on the 1st December, 1884. They have long since lapsed and have not been renewed, and'the aggregate dues col- lected under them amounted only to $103. Of these issued before the decision of the Privy council, thirty-four were for cord- wood, and the balance for timber, ties, tele- graph poles, feuce rails, etc., connected with the construction of the Canadian Pacific railway. No permit has been granted since December, 1S84, and none has been in ex- istence since May, 1885. There remains but the reference to the price obtained for timber limits. Mr. Ross, in his statement quoted above, says the government of Canada sold these limits at $5 a square mile, while the government of Ontario obtained $40Q a mile for limits in the northern part of the province. This is an utterlytnisleading statement. Thepolicy of the Ontario government is to give limits at an annual rental of $2 a square mile, and to charge seventy five cents a thousand feet board measure, and one cent and a half a cubit foot on square timber as dues. The policy of the Dominion government is to charge $5 a square mile annual rental, and five per cent upon the selling value of the lumber at the mill, which, on first class tim- ber at any rate, is much more than the dues charged by the Ontario Governin nt. The $400 is the bonus, and it inay be assumed is the highest bonus ever paid to the gov- ernment for a timber limit in Ontario. Mr. Ross' friends, the Mackenzie government, fixed the value of timber limits in the "Dis- puted," when they put the bonus at $15 a square mile, on a twenty-one years' lease, with annual rental at $2 a square mile, the lease covering control of the land as well as the timber. The rental charged by the pre- sent government on yearly licenses of $5 is much more than the price fixed by Mr. .Mackeuzie's government, including the bonus. 0