The hon. gentleman (Mr. R. L. Borden) is quite mistaken. I would refer him to the commission as printed In the return included in the report of Judge Britton himself as brought down in return to an older of this House dated March 17, 1904. Judge Britton says :
The undersigned commissioner and Benjamin Taylor A. Bell were appointed by letters patent under the great seal, dated 30th day ot July, 1903, to inquire into and report upon certain matters and things more particularly mentioned and set out in certain Orders in Council bearing date respectively the 29th day of May and the 30th day of June, 1903.
These Orders in Council state-
The sections are set out in order, and section 10 is as follows :
10. That it has been alleged that the hydraulic claims granted in pursuance of the regulations for the granting of hydraulic claims in the Yukon Territory have been procured by fraud and misrepresentation, and that the material conditions of the leases, have not been observed, thereby rendering the same liable to cancellation.
I have only had time to look at one or two pages of the report with regard to this point, but I find that, at page 16, in dealing with the hydraulic concessions generally, Mr. Justice Britton says, among other things :
If there has been shown any fraud or misrepresentation by reason of which a concession has been granted, my commission enables me to deal with such. It may he taken for granted that if a hydraulic concession is only of such a mining location as is contemplated by the regulation and if that location is worked as such, it must necessarily be beneficial to the mining industry of the Yukon Territory
And so on. Dealing with the various concessions separately under different heading, Mr. Justice Britton reports, as will be seen at page 17 :
Within the period set out in the public notice given by the commission, protests were filed against the following hydraulic mining leases, and representations were made that these leases had been obtained by fraud or misrepresentation on behalf of the applicants, and that the holders thereof had failed to comply with the requirements of the leases of such concessions.
Then, dealing with the Matson concession, he says page 19 :
It is of considerable Importance in dealing with the question of fraud and misrepresentation that :
1. The application was made before the regulation ; and
2. That everything which could possibly be ascertained by the applicants was supposed to be known by Mr. Ogilvie and Mr. Ogilvie speaks in his letter of 16th of September, 1899, of some of those located as merely speculators. See also his letter of 11th November, 1899.
In the face of what had been done by the holders and accepted by the department, and sentation on behalf of the applicants, and that the conditions of the lease have not boon complied with.
And in dealing with the Doyle concession and the Bronson and Ray concession he refers to the question of fraud :
In the absence of evidence contradicting Mr. Ogilive, commissioner of the territory, or evidence showing bad faith on his part, fraud or misrepresentation on the part of the applicants cannot be found.
I merely rose to call the attention of the hon. gentleman (Mr. R. L. Borden) to a very serious error on his part, imputing to the government something which, I ain sure, he would not have imputed to them had he correctly remembered the facts.
Topic: SUPPLY-THE YUKON TERRITORY.
Subtopic: ROBERT BELL.