Vancouver moves to “protect its interests” against railway expropriation – February 3, 1896

The Consolidated Railway and Light Company had applied to the BC Legislature “to give said Company power to enter upon and expropriate lands and to open and break up the soil and pavement of theupon” even within BC towns and cities. Council empowered the Finance Committee and City Clerk to “protect its interests” by opposing this application. Council also responded to an inquiry that “under the [Vancouver] Charter it is necessary that all By-Laws be published in the B.C. Gazette.”

This transcript was made in 2020 by Transcribimus volunteer Anonymous

City of Vancouver Archives
COV S 31 Volume 7 pages 33 – 43
to see original handwritten minutes from Feb 3, 1896 – click here

[Volume 7 page] 33

Vancouver February 3rd 1896.

The Council met on Monday February 3rd 1896
Present His Worship, the Mayor and Aldermen Shaw.
Painter, Schou, Banfield, McPhaiden, Clanden-
ning, Brown, MacDonald, Bethune, and
The minutes of last meetings were read +


From Wm Ross et al of Mount Pleasant ask-
ing the Council to provide another Park.
Referred to the Board of Works.

From McPhillips + Williams stating that V. W.
Haywood was willing to accept $400 in full
settlement of his account, and asking for in
structions in regard to same.
Referred to the Finance Committee

From Wilson + Campbell, asking the Council
to refer their communication of December 27th
to the City Solicitor.
Referred to the City Solicitor

From the City Clerk of New Westminster, asking
that the Council petition the Government to
construct a bridge across the Fraser River.
Referred to the Finance Committee.

From the School Board furnishing a state-
ment of their requirements for the year.
Laid over for Estimates.

From P. J. Barrett etal asking for the
grading of 5th Av.
Referred to the Board of Works

From P. Mager etal, asking for the stones on
the Cemetery Grounds.

From the Council of Richmond endorsing
resolution of Council regarding the

[Volume 7 page] 34

application of the Consolidated Railway and
Light Co to the Legislature.

From W. Hepburn, Secy of the Trades and Labor
Council advocating the payment of Aldermen.
Laid over for estimates

From the News. Advertiser, and World stating that
they would be willing to do the advertising for the
year for 20 per cent in advance of last year.
Referred to the Finance Committee

From H. T. Hawson. Secy of the Nationalist Associ
ation, advocating the payment of Alderman and
the clearing of a recreation ground in Stanley
Referred to the Finance Commtee + Board of Works.

From Alex MacDonald, District Officer of the
Salvation Army, asking for the Market Hall on
February 19th for a farewell meeting to H. H. Booth.
Moved by Alderman Banfield
Seconded by “ Clandenning
That his request be granted.

From Wm Smith Deputy Minister of Marine, acknow-
ledging receipt of communication re Fore Shore
rights on False Creek and Burrard Inlet.

From C. Tetley stating that the tenders furnished by
him to the Finance Committee could not be

From Wm Ward reporting on the electric lights.

From D. Butchard etal asking for a sidewalk
on Manitoba Street.
Referred to the Board of Works.

From John Jones etal asking for the opening
up of 8th Av.
Referred to the Board of Works.

From Philip Fewster on behalf of the reservoir cre-
ditors asking for further delay in the hearing of their
Request granted.

[Volume 7 page] 35

The following Reports were received and read.

Special Committee

The Special Committee appointed to ascertain
and report on the advisability or otherwise of
establishing a smelter in Vancouver met in the
Mayor’s Office on Friday January 31st 1896 at 3 p.m.
Present Aldermen Shaw, Brown, Bethune and
Mr. W. Pellew harvey was also present:
After giving the question, due consideration it
was resolved that the Committee recommend
that the Board of Trade be asking to do everything
in their power to assist the Council in the con-
struction of a Smelter in Vancouver, and that
parties having schemes or suggestions to make
or anything to offer in the way of information be in-
vited to come forward and lay them before the
Sgd H. P. Shaw
Moved by Alderman Brown
Seconded by “ Shaw
That the Report be adopted

Special Report of an examination, as to the
Sanitary condition of the foreshore of a portion of
False Creek.

This is to certify that on the 31st January 1896 we
carefully examined the dwellings and other build-
ings on the Foreshore of False Creek at the south
side of Dupont Street now for the most part occu-
pied by Chinamen [sic] and that we found them to be
a nuisance and injurious to health.
These dwellings are guilt upon piles over the tidal
waters of the Creek, and the mud under them
consists for the most part of refuse and filty de-
posited by those occupying the dwellings
There is no provision whatever for conveying
away the ;iquid portion of such refuse,
hence it is necessarily deposited upon
the mud of the foreshore; and even for the solid
portions there is but the most rudimentary

[Volume 7 page] 36

and inefficient attempt made at its removal
so that a large amout of this solid refuse is
similarly deposited on the foreshore.
The constant accumulation of these and the
putrefaction of the animal and vegetable portion
of the refuse tend to produce and perpetuate, a
state of thing which is a standing menace to the
health of the City.
Precisely the same conditions exist on the east
side of Carrall Street where a row of dwellings
called Procter’s Cottages is similarly built
over the foreshore, as well as a partion of an ad-
journing row of cattages that, are themselves built
upon dry land but the portion referred to con-
sists of a closet for the use of the occupants of
these cottages, and is so built over the foreshore
that the materials deposited down the closet fall
and remain upon for foreshore, causing a
condition of things which is a nuisance and in-
jurious to health.
In all the cases referred to both on Deupont
Street; and on Carrall Street the conditions is [sic]
such that it cannot be remedied in any
manner, as from their situation the dwellings
cannot be connected with a sewer.
Hence we condemn them, as being unfit for
habitation, and recommend their immediate
Sgd A. Harrison Thomas
Med Health Officer
3rd Feb 1896
J. T. Carroll, Ph. D.
R. Marrion, Health Inspector

Moved by Alderman McPhaiden
Seconded by “ Shaw
Whereas filth and drainage matter has been
allowed to accumulate under the buildings situate
on lots 20 to 26 inclusive in Block 14, Sub.
196 so as to become a nuisance and danger-
ous to public health, the Mayor and Council
of the City of Vancouver do hereby declare the
said buildings, and tidal flats thereunder
to be a nuisance and danger to public
health and do hereby order that the owners
agents of the owners or the occupiers of the
said buildings shall place the same in a proper

[Volume 7 page] 37

Sanitary condition, and remove the filth from
the said flats and in default of their so doing
within 30 days from the 3rd day of February
1896 the said owners, agents of owners or oc-
cupiers shall remove and pull down the said
buildings before the 3rd day of March 1896 and
in default of their so removing, and pulling
down the said buidings, as herein ordered it is
hereby further ordered and directed that John
H. Carlisle, the Chief of the Fire Brigade of the
said City shall destroy and remove the said
buildings and fill up the said tidal flat at
the cost of the owners of the said buildings.
That the City Clerk be instructed to send a
copy of this resolution to each owner of the build-
ings in question and to the occupants of the

Board of Bor Works

The Board of Works met on Thursday January 30th
Present the full Board.

Mr. Mills, a resident of 4th Av Fairview came
personally before the Board and asked for
certain work to be one in the way of grading
Laid over until the estimates are made up.

Several petitions for street improvements were all
laid over until the estimates are considered the
Board deciding to make a tour of several
warded next week.

From A. Smithers, C. M. C. Burnaby re enforcement
of the Wide Fire Act.
Resolved that the copy of the By-Law relative to
this matter be sent to him.

Resolved that both of the daily papers be kept
on file for 1896.

The Bond given by David Saul for the use of side
walk on Cambie Street for building purposes

[Volume 7 page] 38

at New Oriental Block was submitted and ap-

The following accounts were recommended for pay
News Advertiser Ad $2.25
Evans Coleman + Evans Supplies 12.
Geo Hardy Drayage 2.
T. Thomas etal. Labor 396.35
sgd H. P. Shaw

Moved by Alderman Shaw.
Seconded by “ Schou.
That the report be adopted.

Health Committee

The Health Committee met on January 30th
Present Aldermen McPhaiden, MacDonald
Bethune and Shaw.
The following accounts were recommended
for payment:-
C. D. Lockhard: Burials $6.95
J. Stevens + Sons Supplies 7.68
Clarke + Stuart. “ 3.18
Wm Ralph “ 75
McLennan + McFeely “ 85
M. S. Rose “ 21.85
Dr. Weld Witness Fees 5.00
Dr. Johnston Mental Ex. 10
C. B. Lockhart Burials 4.45
B. C. Electrical Con Co. Supplies 4.62
W. H. Hooper “ 2.00
Cassady + co “ 17.28
City of Victoria Care of Lepers 54.20
Thos Veitch Supplies 9.00
G. Brister Labors 1.75
Mr. Nosste “ 6.00
Clarke + Stuart Supplies 4.28
W. H. Mason “ 25.70
sgd D. Mc Phaiden. Chairman
The Report was adopted on motion of Aldermen
McPhaiden Seconded by Alderman Coldwell.

[Volume 7 page] 39

Finance Committee

The Finance Committee met on Friday Janu
ary 31st 1896.
Present the full Board.
The following accounts were recommended for
Clarke + Stuart Supplies $46.60
The World P + P Co. “ 6.00
S. James Accounting 6.50
A. F. Griffiths “ 3.25

The following tenders were recommended for
General Groceries C. F. Foreman
Green “ C. S. Philp
Fish Chas Anderson
Binding News. Advertiser
Drugs for hospital McDowell + co
Chemicals for F. D. “
Stationery Clarke + Stuart
Nails and Harware Thos Dunn + co

The following contracts were approved and authorized
to be signed and sealed by the Mayor and City Clerk:-
Washing Pioneer Steam Laundry
Bread J. Dodson.
Anthracite Coal. J. Blayney.
Wellington “ Crowder + Penzer
Meat: J.C. Woodrow.
Feed. Fred Allen
Burial or Pauper dead Kemp + Simpson
Nails and Hardware. Thos Dunn +co.
Jervis St. Sidewalk Denton + Sheridan
Jackson Av “ do do
Bute St “ do do


From the News. Advertiser, and The World
protesting against the manner in [sic] it was
proposed to award the advertising for the
Resolved that they be informed tha the City
will be willing to pay the same rate as last

[Volume 7 page] 40
year and if that is not obtainable the Committee
will adhere to their former recommendations.

From H. Hepburn, Secretary of the Trades and Labor
Council, asking that all civic by-laws and
charter amendments be printed in the local
papers instead of in the British Columbia
Gazette, as at present.
That he be informed that under the Charter it is
necessary that all By-Laws be published in the
B.C. Gazette.

From Evans, Coleman + Evans desiring to know
why the coal contract had been awarded to
Crowder + Pender.
Resolved that they be informed that the Committee
will adhere to their former recommendation.

From R. E. Gosnel, Secretary of the Board of Statis-
tics asking to be furnished with a statement of the
City’s assets and liabilities for 1895.
Resolved that his request be granted.

From Chas. Nelson stating that he was willing to
deduct the price of carboys from the acid con
Laid over to be considered with his tender.

From C. D. Rand Secretary of the Improvement Co
asking for the unexpended balance of the $100
deposited with the Treasurer to pay the cost of
submitting a By-Law to the ratepayers.
Referred to the City Solicitor to interview Mr.
Sully to ascertain if it is his intention to go on
with the By-Law.

From E. H. Roome asking the City to purchase
a map of the Province, and the District of New
Resolved that the city purchase from him
a map of the District for the sum of $11.00

Resolved that the resolution passed by the
Committee on the 24th inst instructing the

[Volume 7 page] 41

accountant to deduct from the amount due
the School Board the interest and Sinking
Fund on the school loans be cancelled, as no
provision was made in their estimates for
each payment but that in future they be be re-
quested to make such provision

From Z. Franks interviewed the Board in
reference to the refunding of a portion of his
License, as Second Hand Dealer whcich was paid
by him towards the end of the license year.
The Committee promised to consider his re-
quest when the proper time comes.
Sgd J. J. Banfield

Moved by Alderman Clandenning
Seconded by “ McDonald
That the Report be adopted.

Introduction of By-Laws

Moved by Alderman McPhaiden
Second by “ Painter
That a By-Law be introduced to
amend By-Law No 288 known as the Sunday
Closing By-Law

The By-Law was read a first time


Moved by Alderman Banfield
Seconded by “ Grown
That the Finance Committee in
conjunction with the City Solicitor be authorized
to take what steps may be deemed necessary
to protect the City’s interests, as regards the ap-
plication to the Local Legislature by the Con-
solidated Railway and Light Company for
an Act to give said Company power to enter
upon and expropriate lands and to open
and break up the soil and pavement of the

[Volume 7 page] 42

roads, streets and bridges in any Municipality City
or Town in the said Province of British Columbia
for the purpose of laying rails, erecting poles or for
and purpose of the said Company, and for all such
others powers, as may be necessary to fully and
completely carry on and operate the works afore-
said or any of them.
Also to examine the present status of the City
lighting contract with the Western Electric Light
Heat and Power Company, and to press for the
completion of same within the time specified
and to do what is thought necessary to be done
to accomplish this object.

Moved by Alderman Schou
Seconded by “ Painter
That it be a recommendation to the Fin-
ance Committe to report as to the advisa-
bility of locally advertising of all By-Laws of
this Council other than those merely format and
of a routine character, after passing in addition
to the notification in the B.C. Gazette required
by the Province’s Municipal Legislation in
order more fully to inform citizens in general
, as to their rights and duties thereunder.

Moved by Alderman Brown,
Seconded by “ Bethune.
That the City Engineer be and is
herby instructed to select in Stanley Park a site
suitable for recreation grounds and have it
surveyed and an approximate estimate of the
cost of clearing and putting it in proper condition
made at as early a date as convenient.

Consideration of By-Laws.

Moved by Alderman Banfield
Seconded by “ Brown.
That the By-Law to borrow $150,000
in anticipation of the revenue for A.D. 1896

[Volume 7 page] 43

be reconsidered and that the figures “143,500
be substituted for “150,000” and that the By-
Law be finally passed.

Notice of Motion

Alderman Banfield gave notice that at the
next meeting of Council he would introduce a
By-Law to encourage the planting of trees in the
residential portion of the City according to Sub-
section 20 of Sec 144, City Charter.

The Council then adjourned.

Henry Collins

Thos. F. McGuigan
City Clerk