16565.
PUBLIC RECORD OFFICE
Reference :-
mwili C.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
No. 148.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
July 29, 1897.
WE were honoured with your commands signified in Sir John Brainston's letter of the 20th instant, stating that he was directed to transmit for our consideration a copy of three despatches from Her Majesty's Ambassador at Washington to the Marquess of Salisbury, respecting the complaint of certain citizens of the United States with regard to the damage to their property in the United States caused by the proceedings in Canada of a Dyking Company, acting under a Charter from the Government of British Columbia. Sir John Bramston further stated that you would be glad to be favoured with our opinion as to whether, assuming that the allegations of the citizens of Idaho as to the injury to their lands and other property by the operations of the Alberta and British Columbia Exploration Company were well founded, they had a remedy in the Canadian Courts, which they could properly be required to exhaust before calling upon Her Majesty's Government to interfere.
We have taken the papers into our consideration, and in obedience to your commands have the honour to
Report-
That, assuming that the allegations of the citizens of Idaho are well founded, we cannot doubt that they have a right of action in the Courts of Columbia. They would be entitled to sue for damages, and for an injunction against the continuance of the mischief. At the same time, the matter is one which the United States are justified in bringing diplomatically to the notice of Her Majesty's Government, inasmuch as British territory is apparently being used in such a way as to cause damage to American citizens over the border.
We think that, if the facts are substantially as stated, it would be only reasonable that so far as the obtaining an injunction is concerned, proceedings should be taken in the Court of Columbia, and if the practice there is the same as in this country, the proceedings might be in the name of the Attorney-General, on the relation of the parties injured, with the view of having the nuisance abated. As regards the claim for damages which have been sustained, we think that the sufferers may be properly informed that the Columbian Courts are open to them. Assuming the allegations to be true, the Company ught to make them some compensation, and possibly a settlement can be arrived at without the necessity of litigation. We think that Her Majesty's Government may properly press on the authorities in Columbia the propriety of endeavouring to get the nuisance abated and obtain a payment of damages.
The Right Hon. J. Chamberlain, M.P.,
&c.,
&c.,
&c.
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
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