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The Rights of the Subject in }top9xAy by an unprincipled Government and an Ironclad Monopoly. „;'. » The Gelebfated Gf eef Case. . {' TO THE ELECTORS OF THE PROVINQE OF BRITISH COLUMBIA. 7TS the principle involved in this issue is dangerous to the Coninionweilth of this country — the only source by which Re sponsible Government can live and have its being — I commence by asserting that I do. not believe that any nian can be the proper custodian of vested rights who will not protedt them. My case is well-known to the public, inasmuch as it has been before them by means of a " Royal Commiss.on " and the various courts of law, from the Police Court to the Supreme Court ; both at the Assizes Divisional Court and Full Court, which said Courts have passed opinions on it during a period of four years in which the case has been carried on against me, first by the Government itself and subsequently by the Railway Company. Perjury, forgery, rebellion and conspiracy have been charged against me; shackles and ihe dungeon with all its concomitant terrors have been meted out to me ; twenty-three days' trial in the Police Court at Vitloria, thirty days at the Court of Assizes were ex- perienced by me. I ask is not this tyranny and despotism unworthy of a Province called British and under the flag of Great Britain; and I have come through it all unscathed and without the slightest stigma on my charadl;er. My only crime, if such it be, is that I claimed my just rights from the Government • and asked tiiem to carry out the contradl: with one of their sub- jecfts, which was entered into in good faith. If such be a crime, 1 plead guilty to it. But such is only a crime in the eyes of a cor- rupt and unprmcipled Government, who have pillaged the country and have divulged Cabinet secrets to their friends and to cover their tracks have thrown the onus on their subordinates. With re^ bonJ of indemnification in case they lost the land and payment of the expenses of litigation in the matter. The question now arises, are the people of this country willing to pay this bond in order to enhance the value o! Lot 192? For that is what it amounts to. riie Hon. John Kobson and his ministry , well-knowing that I was falsely imprisoned, refused f > compensate me for the large outlay and expense 1 was put to with a view to driving me from the land of my nativity and my property; but that lion gentle- man will remember that I pointed out to him, at the time of his visit to me in the Provincial gafjl, his own position behind the bars when this Western Hemisphe/e r.v.is heavily loaded with (^t'ovtsffom the dungeott 1 further called his attention lo tiie faiit that the soup and bread was oi inferior quality, in fa(5l no better than that witli which he was provided in New Westr.inster gaol, although the magnitude ot our crimes was vastly different : mine was in obe- bience to the laws, whilst his was in dircL^t defiance oi the same. But the recent arrivals in this country may not be aware ot the fact that the Provincial Sc^retarj', better known as " honest John," through his obnoxious condudl to the Supreme Courts and its administration of law and the Government of the countiy, was incarcerated in New Westminster gaol till he came lo his senses, which he seldom retains only when pergonal interests are at stake. The public may not be aware that the Sheriff (an officer who is supposed to carry out the administration of justice) when attempting to expel me from my home, placed a pistol at my head and told me that he had " $30,000 security and would take possession, right or wrong." As this case has covered a number of years and litigation being very expensive, and further, finding my means inadequate to fight a powerful Company backed by the Government, I have, in order to meet further expenses, concluded to offer a portion of this valuable land for sale by aucflion, with an upset price at the following places throughout the Province, viz . Kamloops, Clnili- whack, Langley, Ladner's Landing, New Westminster, Vid^oria, and Nanaimo. Due notice will be given of the dates ot sales. Conditions of Sale. — Only those who are registered voters and eligib e to exercise the Franchise in this Province will be qualified to purchase at audlion or enter into agreement with me for the said land. Hereto annexed are full particulars of my legal position with regard to this land and I may state that apart from its advantages in position as a harbor and tor the con- stru(5tion of Docks, I am preparing to develop its resources as a coa!-field. The geological reports issued by the Dominion Government at Ottawa have all pointed out that everywhere the indications for coal on this property are highly favorable, and I ipay state, that in my own prpspedlinfj trips I have disco^yw^j toppings ot coul in several different parts of it. ^Record.] [Royal Arms.] BRITISH COLUMBIA. Land Ordinance- 1870. Form A. Certificate of Preeniption Record. Country Land. No. in Distric^l: Register, 1003, Prf-emption Claim. District of New Westminster. Name of pre-emptor in full- -Samuel Preston. Dale ot pre-emption record — 14th April, 1873. Number of acres (in word)— One hundred and sixty. Where situated- -English Bi\y. Description of boundaries oi claim — Commencing from the southeast corner of Lot 192, group i, running forty chains east; thence forty chains north, to the beach ; thence along the beach to the north-east corner of said .Lot 192 ; and thence along its eastern boundary line to the point of commencement. (Signed) Henry V. Edmonds, Government Agent. N.B.— Plan of the claim to be drawn on the back of this sheet. [Plan of Claim.J Certified correct copy of original record, (Signed) C. Warwick, ['♦•S'] Government Agent. Dated 2nd December, 1886. Before the above could be granted, it was necessary that a permission to pre-empt should be obtained from the Manager of the Hastings Saw Mill Compan)', which had a lease of the ground for timbering i)urposes. Such permission was accorded in October, 187 1, and the permission filed in Lands and Works Office at New Westminster, and a copy thereof was made by me through the courtesy of a subordinate official in that office 18 months ago ; but on my application for a copy of the same on the 14th of May last, I was informed that the document according permission to Samuel Preston was not forthcoming, cou d not be found, although the agent admitted it had been in the office. This is a copy of the permission to Robert Preston, which is similar to the missing one to Samuel Preston, which was copied by me . . r <^<\yw^ er, 1003. minster. Vom the ns east; le beach ilong its Agent. of this % PuRRAVL* Inlet, - October 13th, 1871. Mr. Robert Preston has permission, as far as this Company is concerned, to pn;-empt Land on the Timber Reserves held by the Company, providing he does not cut' or destroy any ot the timber thereon. (SiRned) J. A. RAYMUR, Manager. The British Columbia & Vancouver Island Spar, Lumber & Saw Mill Company Limited. The above looks like " Another tiu 'c of this Government's." %Iaking away with Public Documents. Transfer from Samuel Pi' ston to SAMUiiL Grkeb, DATED 2ND DLwEMBKR, i886. I, William Norman Bole, certilv thdv. on or about the 2nd day ol December, 1886, Samuel Picstcni executed a transfer of ^lis pre-emption claim, No. 1003, to Samuel Greer, in my j^resence, ol which transfer the annexed document is a copy. Victoria, B.C , April, 1888. \V. N BOLE. [Royal Arms.] BRITISH COLUMBIA. Land Ordinance, 1870. ♦ Form D. Agent. y that a nager of >' ground ded in Works B by me iffice 18 ame on :< ording not be ice. vhich is copied No. Tratis/er of Interest. I, Samuel Preston, of Mud Bay, logger, being the registered holder of Pre-emption Claim No. 1003, on the Pre-emption Register of the Land Office, hereby transter to Samuel Greer all my right, title, and interest therein absolutely, but subject to the same conditions under which I hold the same. Dated this 2nd day of December, A.D. 1886. (Signed) SAMUEL PRESTON. Witness: (Signed) W. N. BOLE. And, secondly, we, Laac Hayden and William Mashiter, for ourselves, declare that the above named Samuel Greer has been in the occupation ot his pre-emption claim from the date of the record thereof, and has made permanent improvements thereon to the value of two dollars and fifty cents per acre, the details whereof are correctly set forth above by the said Samuel Greer. And we make this solemn declaration conscientiously believing the same to be true, and by virtue of the '* Oaths Ordinance, 1869." 8 Declared and sinned by the within named, on the 6th day of February, A.D. 1887, betore me. Signatures \ (Signed) Samuel Greer^ ISigned) J. J. Blake, of % ., Wm. Mashiteb, S. M. Declarants, I „ I. J. Hayden. • Commissioner. Monday, April 16th. Minutes last meel'nw read and adopted. Present — Messrs. Allen. Duck, Ladner, and Thompson. Samuel Grtor appeared before the Committee, and Mr. Hett on his behalf Samuel Greer, sworn, deposed as lollows : - 1 pave Mr. Jackson, solicitor, the notice as handed to me by Mr. Thomson, secretarj'. He read it in my presence and said nothing;. I am in possession ot some land at Enj:;lish Bay, about 160 acres, more or less. 1 aj^reed with S. Preston, in the summer of 1884. to purchase the land. He had a certificate of record certified by the Government Agent, Henry V. Edmonds. I produce the same record, dated 14th April, 1873. There were improvements made when I agreed with Preston in 18M4 to tiie value of about $500. I took possession oi the land in 18S4, and have been in possession ever since. Preston did not obtain his certificate of improve- ments, on account of the Indians disputing the title of a portion of the land referred to. I produce the m^p showing the plan ot the land. The Indians disputed that portion where the improve- ments were made. I have improved the land ever since I took possession, planted Iruit trees, fencing, and building I produce a copy of transfer from S. Preston to me of the claim. The original is deposited with Mr. Warwick, Government Agent I produce the original declaration for certificate of improvements, dated 6th February, 18(87. ^ applied for certificate of improve- ments to Mr. Warwick, and tendered the sum tf $2.50. He refused, and sairl he could not take the money. The Indian Department made no claim whatever to the land disputed, which is about 15 acreSj more or lesp, nor the Indians;. I have a transfer from the Indians. The C P.R. Co are disputing it When I heard that a Crown grant would be issued to Smith & Angus i went to Ml. Smithe, Chiel Commissioner, and told him I understood that they were about to transfer the land to the R. R Co. He said the matter would be thoroughly investigated and all private rights protected. Smith & Angus commenced an action against me to obtain possession ot this land. I have deiended that action ever since in the Courts. Upon thi) trial the jury found I was in possession of the land since June, 1884. The Chief Justice said that my redress was in the Legislature, and 1 now ask that justice may be given me. SAMUEL GREER. FURTHER REPORT OF SELECT COMMITTEE. CLAIM OF SAMUEL GREER TO CERTAIN LANDS AT ENGLISH BAY. Mr. speaker : Your Committee appointed to enquire into the claim of Samuel Greer to certain lands in the vicinity of English Bay beg respectfully to report as follows: — We met on Saturday, the 14th Apil , 1888, at 10 o'clock, and inasmuch as it appeared to us that the C P.R. Co. had adverse claim to said land, we directed written notice to be given by our Secretary to Messrs. Drake and Jackson. Solicitors; for the C. P. R. Co, that the Committee would meet at 10 o'clock on Monday, the 16th April, 1888, and the notice was duly delivered to Mr. Jackson, as he himself admits Your Committee adjourned and resumed our sittin;; at 10 o'clock A.M. on Monday, when Mr. Hett appeared for S. Greer, but no person appeared for the C. P. R. Co. After t ikin-r Greer's evidence, we adjourned till 10 o'clock 0:1 Ta^slav, lytli April, 1888, when Mr. Hett and Greer again appeared it 11 15 After the evidence was closed, and we were considering our report, Mr. Jackson came before us and asked us to iiear Mr Drake's evidence on behalf of the C. P. R. Co. We pointed out to him that due notice had been given him of our sittings, which he admitted, but stated, as we wanted to hear both sides, we would meet aofain at i ; 30 p.m. this day and take Mr Drake's evidence at that hour. On the ro-assembling of the Committee, Mr. Drake's evidence was duly taken, and certain documentary evidence on bjth sides was handed in, which is referred to in Schedu'e t') this report. After hearing all the evidence, and cirefullvr considerin,.? the same, we are of opinion that Samuel Greer bona file acquired Samuel Preston's pre-emption claim 1,003. New Westminster District, and that he (Greer) has since bona file occupied sxid land and made improvements thereon. We think that Greer has been subjected to much persecution J and expeise in respect to same, in endeavouring to remove him theiefrom. We beg most respectfully to recommend to the Government to take into their earnest consi'ieration the advLsibility of issuing a Crown Grant of the land comprised in pre-emption 1,003 to Mr. Greer, or take such other steps as m ly be proper to secure Mr. Greer's title to the land. All of which is respectfully submitted. E. Allen, Chairman, Geo. Thcmsun. Wm. H. Lad.nbk, W. Norman Bulb. i:: 1.1 i ill /J i 'i ! i .1! i ! M 1 111 : 10 M1N<^R! Duck. ruary, 1880. k— Williarti of the land ^ orj^atii/.ir.!^ idii aiul ior , It is not ting ot the m "for that t apart for ereinbefore ition in the I give the UiVi Agent. 5tli, 1884. of annoy- iprovenients e agreement amount you him lurther . I request ther trouble. I I fear you have some parties who are not advising you for your good. Yours truly, (Signed) P. McTiernan. Indian Agent. New Westminster, 7th November, 1884. Samuel Greer, Granville, B.C. Sir, I have the honor to inform you, in answer to your letter of the and instant, that I have given no authority to any person to enter upon or take possession of Indian Charley's improvements at False Creek. I have no authority to do so without the consent of Charley. You arc the on'y person I know of who have negotiated with Charley for the improvements in question. Chai lie has repeatedly told me that parties wanted to put him off the place without givin;; him any compensation. I ad- vised hi.n not to leave the place until he was paid for his improvements. You are the only person that came forward and paid the Intli m what he demanded for his improvements and good-will ot tlie premises lately occupied by him at False Creek. 1 have, &c.. (Signed; P. McTiernan, Indian Agent, [Here follows a map or plan of the Greer Property ] To all to whom these Presents s'.iall come, we Indians of the Squamish tribe or Band of Indians of British Columbia, being ot the age ot t\%^enty- one years and upwards, whose names and marks are hereunder written and set. Whereas we have agreed with one Samuel Greer in presence of Peter McTiernan, Indian Agent, and the Chief of the said tribe or band, lor and in consideration of the sum of one hundred dollars ($100) to grant, release, surrender, yield up and forever quit claim to him the said Samuel Greer, his heirs and assigns, all our rights, title and interest, whats>)ever to ali the lands and parcels of lands, and to ail improvements made by us thereon. said lands and parcels of (and. l)eing those lately occupied by us between lot 192, and the Indian reserve at False Creek, and distinguished by the color red on the map or plan annexed hereto. Now these presents witnesseth that in consideration of the said sum ot one hundred dollars to us in hand, paid by the said Peter McTiernan, Indian Agent, we grant, release, surrender, yield up and forever quit claim unto the said Samuel Greer, his heirs and assigns, the said lands and parcels of land and all our rights, title and interest to all the iraprovements consisting of I I, )) 1 *pii ) i. 12 iencing, building*; of all kinds and other structures, orchards and fruit trees, and ail improvements of whatsoever kind and nature made by us on the said land lately occupied by us and lying along the shore ot English Bay and between the said lot 192 and said Indian Reserve at False Creek, and distinguished "^y the color red on the map or plan annexed hereto. In witness whereof we have hereto set our hands this twenty- fourth day ot November, ^.D. 1884. Witness : (Signed) A. D. Campdeli., Witness : (Signed) A. Russell. (Signed) Kanachuck, Mrs. Salpcan, f» ' SwiLLAMCAX, his X mark her o mark. his X ai.irk. By Indian Charley, Chief.. In conclus m I ask you, Eledlors, at the hustinf!;s to record your Votes tor men who will pledge themselves to see an end put to such a state ot corruption and injustice and a state of tilings which is a crying shame, and a blot on the escutcheon of a Province claiming to be British. All I ask for is jnstire tha justice which has been accotded me by your representatives (vi ' PaTlianiei'tary Report) but refused in defiance of your r(}Mesent tives, by the present Government of British Columbia. It is m_. int'^niioii to forward a copy of this to all members of the Houses of Parliament at Ottawa, and also to all members of the Imperial Parliament, and as a last resource in default of justice will carry it to liie foot of the throne. Declared before me this 5th day of June, A.D., 1889. M. A. iVIacLran, Notary Public. SAMUEL GREER. [ards and )d nature ang along land said [the color lis tvventy- h!» X mark her o mark. bis X ainrk. -EY, Chief.. to record in end put of things lieon of a istire tha. lives (vi ' :f ])ie,sent It is in_. he Houses e Imperial I will curry REER. m