THE DAILY NEWS

 

 

 

 

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; declares to be ‘

The Daily News

The Leading Newspapey and the Largest Circulation in Northern B.C.
Published by the Prince Rupert Publishing Company, Limited

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po

THE CITY SOLICITOR’S DEFENCE

 

| DatLy EDITION. Fripay, SEPT. 1

 

 

 

In a letter which ranges from the pertinent to the impertinent
the city solicitor has plunged into a defence of the G. T. P. agree-

/ ment, and denies the charge that certain property owners are to be

| precluded from voting on Saturday.

This letter is printed in full in an adjacent column. °
The city solicitor terms the article pointing out the flaw in the
“absolute nonsense.”’ That the public may
judge fairly, the News prints gratuitously the whole of the bylaw on
another page, and reproduces in fulll the article which Mr. Peters
‘absolute nonsense.”’

The News has taken Mr. Peters at his word and sought legal
opinion upon the point. The legal opinion thus far obtained supports
the News’ position that there is nothing in the clause to prevent the

_ railway company from taking over the property of the development

» purchaser of townsite lands,

company, and placing them under the shelter of the $15,000 a year
assessment.

There is nothing in the bylaw to preclude the railway company
from purchasing lands from the development company like any other
whilc clauses 11 and 12 clearly state

' that the sum of $15,000 is to cover the railway company’s taxation

‘in lieu of all municipal taxes, rates and assessments of every kind
whatsoever to be levied by the city against the railway company
and upon or in respect of the lands of the railway company and
all the personal property of the company within the city limits.
for a period of ten years from the Ist day of January, 1911."’ The
Grand Trunk Development Company is not bound in any way by
the agreement as to how it shall dispose of its lands, other than those

| which are to be transferred and leased to the city.

As a matter of fact Section E, comprising the whole of the G. T. P.
reserve and which was assessed for $663,500 to the development com-
pany carrying a taxation at 15 mills of $9,953.50 has been taken in
by the railway company this year under the present agreement. And

| there is nothing in the agreement to prevent the railway company

» from doing the same in regard to sections 2, 3, 4, and 9 whenever the

 

.

ee

| development company acres to make a transfer of the property to the
. railway company.

: Mr. Peters’ assurances that all is weil count for nothing if not

| fortified by clauses in the agreement. Mr. Peters is equally emphatic

| that he can outrage Clause 75 of the Municipal Clauses Act by placing
two objects of expenditure in one money bylaw, though other lawyers
are willing to stake their legal reputations that the words of the Act
mean just what they say.

When Mr. Peters attempts to lecture the press for making state-
ments about the voters’ list without verifying them, he comes to
a point where he can be advised to attend to his own knitting. Every
statement made in the News editorial was personally verified by the
writer of the article before writing. In every inscance the verification
was made through a responsible City Hall official. And every City
Hall official interviewed agreed that Mr. Peters was the gentleman
responsible for the ruling that the voters’ list had to be compiled
from the assessment roll of December 1910 and -not from the as-
sessment roil of the court which opened on June 5th 1911.

The ‘‘author of this very peculiar propovition,”’ is said to be
Fred Peters. If a new ruling has been given out, it is only since the
News investigated and exposed the matter.

The exposure was not made until four days before the election,
If a new ruling has been made, it cannot affect those whose first warning
of the loss of their vote came through the News. Take a typical case
where the facts are indisputable. Under the ruling of the city solicitor
a vote has been refused by the City Clerk and the City Assessor to
a citizen named J. S. Cowper who is the registered onwer of Lot 36,
Block 28, Section 6. The transfer has been registered and a dec-
laration made at the City Hall. Yet the vote on that lot, which has
been denied the registered owner, is given to Charles Winders of
Portland, Oregon, an American citizen and non-resident who hes not
owned an inch of Prince Rupert property since October 1910.

The News challenges the city solicitor to dispute these
facts. The people of Prince Rupert can draw their own conclusion
as to the reasons for refusing a vote to J. S. Cowper, and for awarding
it instead to a man who is not a citizen of Prince Rupert, not a property
owner of Prince Rupert, and not a British subject.

Instead of writing articles for the press, the city solicitor would
be better employed in attending to his business, which is to see that
the city is properly protected in its legal instruments, and in secing
to it that loyal citizens are not disfranchised and their votes given
away to aliens. All of which brings us back to the question raised
by this journal when Mr. Peters’ services were advocated by Alderman

Newton on the grounds of economy, and dealt with in an editorial
I

entitled ‘‘Are cheap lawyers cheap?”
The city solicitor's action in regard to the bylaws is an added
reason for voting them down.

(Mr. Peters’ letter will be found on Page 6)

Why I Will Vote Against G.T.
Bylaw

By
“Being a property holder in A PROPERTY OWNER
Prince Rupert and representing
outside capital invested here, I
have both a direct and an indirect
interest in the G. T. P. assessment
agreement, and believe that a
few words of comment upon the
same would be timely.

“Clause 1.—Objection may be
taken to Clause 1, upon the ground
that some of the property set
out is property which according
to the sale maps appear to be
vacant spaces, and upon that
understanding, people purchased
adjoining lots and gave com-pe
tition priccs therefor. Now the
Development Company intends to
convey the land to the city in fee.
This is in effect selling this land
twice, and if the legal aspect of
the matter were gone into, I should
think it most likely thai the
company could be restrained from
such an action. In any event, the
Development Company should
know that certain of these vacant
pieces of land adjoining property
which has been sold has been paid
for by the people. If these vacant
places are to be alienated to the
city, which I think quite proper,
it should be for park purposes only.
Clause 4a.—‘‘Why should the}
city not have the privilege of |
assigning or subletting this prop-
erty for limited periods for athletic
purposes and other kindred rec-
reations without being under the
necessity of referring to the De-
velopment Comprny and to
Province for their consent. Surely
the city is a responsible
for the public sufficiently
rational to be entrusted with the
management of this land within
the sphere of park and public
purposes.

“Clause 4c.—Here again the}
restriction appears to be too great.
If the city wished to start a wild
animal garden and to fence off
portions of land for that purpose,
and to build animal sheds and
pens, consent would have to be
obtained. Is not this an awkward
and unnecessary provision? Fur-
ther, there is no provision to the
effect that such consent shall not
be arbitrarily withheld. No more
petty hold-up tactics heave ever
been practised than when the/|no
President of the Grand Trunk)
Pacific Railway Company wired | expense
(as I am informed) to the last | deterioration.
council to the effect that unless | unreasonable for the company to
the council desisited from at-|be guilty of any such thriftless
tempting to float debentures in |improvidence. Further, if the com-
Londen, England, that he would} pany is prepared to
see to it that the disagreement in! these buildings, ete., within three
regard to the assessment between | months, where are the plans, speci-
the railway company and the city

was well advertised in London |
financial papers. Companies do
not fail to take advantage of
every opportunity, the letter of
the law and technical limitations
included, when their are
served thereby, and_ there
reason why the citizens of Prince
Rupert should think that the
Grand Trunk Pacific Railway Com-
pany is an exception.

Clause 5.
cemetery site, of all places,
be granted in fee
cemetery purposes? *

“Clause 7.—This clause means
nothing. The railway company
is not bound to do anything by
this section at all. It is a well
known aspect of human nature
that engineers do as their masters
tell them, and if the railway
company does not wish to grant
any easement at all, all it has to
do to instruct its engineers
accordingly and there is an end
to the matter. The of
expropriation are statutory
unaffected by this section, which
jis merely an imaginable gratuity,
|so much tinsel held by the
| railway company to the electors
of Prince Rupert.

ends
is no

should a
not

simple for

is

 

powers

up

Clause 8.—‘‘This clause means
the|nothing. The most self evident
lof all axioms that the com-
| pletion of a task may be further
removed in point of time from its
commercement than the end of
eternity. The railway company
has to commence these works and
it may be one of them (for
there requiring the
railway company to work at the
various buildings concurrently)
within three months, and end them
when it likes or never. ‘With all
reasonable dispatch’ ts beautifully
| indefinite depends for its
meaning upon the point of view
taken; for the company it will
mean when for would
it not be unreasonable for the
|company to expend money on
buildings for which it would have
thereby being out the
on the money, also the
of upkeep and loss by
Truly it would be

is
trustee
and

any

is nothing

and

needed,

 

use,
interest

commence

ficarions, etc., and why cannot

and |

P. Assessment

a minimum cost be inserted? I
have no recollection of ever reading
a more indefinite and futile agree-
ment, and I have no faith that
the railway company will go out
,of its way to do anything that is
not ‘so nominated in the bond’
Its solicitude for Prince Rupert
as distinguished from its own ad-
vantage will be nil. Self interest
is the creed of corporations and
they have neither soul or honor
for the citizens of Prince Rupert
ito bank on.
Clause 9.—''The same criticism
applies to this section only the
| railway reveals a little
more of its plans. Everyone ex-
pects the railway through in about
two years, hence it will be necessary
to have this hotel to take care
of the traffic. If it were not so,
the railway company would never
build it. The City of Prince
Rupert is just as sure of an hotel
iif no such clause were inserted.
The railway company does not}
state a minimum cost or give any
other information about it. This
clause is merely so much word
padding. to make the citizens feel
less keenly the fall from an annual
of about $100,000 to

company

taxation
$15,000.
|; Clause 10.—'‘‘Why this section
is inserted here, | know rot, other
than item of news. The
agreement between the Dominion
Government and the railway com-
pany stands upon its own founda- |
tion and will have to be carried |
out by the railway
gardiess of this agreement, hence

as an

 

company re-
inasmuch as the railway company
to build this dry
there is no consideration

is bound dock
anyw
for a reduction in taxation and this
section has no right here
at all.

“Clause 11. 8,
9 and 10 are worthless, this clause,
I believe, is dangerous. The rail-
way company is to pay $15,000
per annum ‘in respect of all its
property, real or personal,
the city limits.” What property
does this include? Probably both
the railway company and the city
council would say the present
land held by the railway company
and the buildings hereafter to be
erected thereon. That may be
what the city council meant, but
I do not think that is the reading
What is to prevent |

ay,
be

to

—If sections 7,

within

 

| of the section.
ithe Development Company from |
transferring all to|
the Railway Company immediately
after this ratified,
yet under this clause

its property

is
it

agreement
appears

 

CONTINUED ON PAGE 4

 

 

 

 

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