CHAPTER XXXVI.

MORE LIGHT ON CLOSING OF VIEW STREET.

I had intended to let "View Street" and its closing up in 1858 alone,

being content that I had proved that it was understood in 1858 that

it reached to Wharf Street, but I have since come upon some

interesting evidence bearing upon it and so give it to those old

timers whom I am sure will be interested. Firstly, there is to be

seen plainly painted on a verandah on a building facing on what was

then known as View Street, opposite the Hudson Bay Company's store

"View Street," and I also produce an editorial in the _Colonist_,

written by my old friend Amor de Cosmos, November 14, 1859, which

proves that it was a burning question at that time and here it

is verbatim.

The British _Colonist_, Printed and Published by Amor

De Cosmos, Wharf Street, East side, between

Yates and View Streets, Victoria, V. I.

Friday, September 9, 1859.

This was cut out of the file that contained the editorial, as

further proof.

E. Fawcett.

[Illustration: View St.]

"We have long been aware that the Hudson's Bay Company claim the

ownership of the streets of Victoria. In fact, in 1858 their title

was so far asserted as to sell a portion of the street where Johnson

and Wharf Streets unite at Victoria bridge.

"They also shut up one street at the south end of the Fort and opened

another a little beyond. Besides this they promised in 1838 to the

purchasers of lots on View Street that that street should be opened

from Broad to Wharf. Instead of fulfilling their promise like an

honest company, that street was actually closed, instead of opened,

by blocking up the west end by a large brick police building. It is

true that since May last--when the Government reserve between Yates

and the block house was seized by the Company, with the consent of

His Excellency--a small alley has been opened where View Street ought

to be, but even that by some unknown authority, assumed by the Police

Commissioners, has been closed to vehicles. That authority will,

however, soon be tested, if the obstacle is not speedily removed, as

purchasers of lots in the reserve are entitled to its use. Had it not

been for our timely exposure of the intentions of the Company, the

line of Wharf Street would have been deflected like an elbow, from

Reid's corner southerly. The last act, however, of the honorable

Hudson's Bay Company, is not only contemptible, but 'unjust and

oppressive,' although His Excellency Governor Douglas, in his

despatch of October 25, 1858, said that the often asserted charge in

England that the Company 'had made an unjust and oppressive use of

their power in this country,' is altogether unfounded.

"It appears that the agent of the Company sold last week all the

trees on our streets to a party for firewood. Mr. Pemberton, Police

Commissioner, at the request of some property holders, cut down the

two oaks at the corner of Government and Yates Street, but it was no

sooner done than Dr. Tuzo presented a bill to him for twenty dollars,

ten dollars each. Opposite Mr. Adams' property on Douglas and

View Streets, Mr. Adams forbid the parties, but in his absence they

were felled. He then claimed the trees, as they were intersected

every way by his property. But Dr. Tuzo threatened him with five

hundred dollars damages, assuring him that the trees belonged to the

Company. Up Fort Street a number of oaks have been felled. Aside

from the vandalism which would sell and cut down a single tree

for a few paltry dollars, where it was no obstruction to travel,

but an ornament to the street--the act of itself is a foul

wrong--unwarrantable and without a particle of right to support it,

either in law or equity. We cannot well conceive how that the

agents of the Company could do such a scurvy trick--such an act

of vandalism--except that they have been influenced to do so by a

resident San Francisco landshark. Selling the trees therefore may

be to maintain color of title to the streets. But that will prove

useless. Viewing the townsite as their private property, when they

sold they forever conveyed away their claim to the streets. But the

townsite is not private property, although it has unjustifiably been

so claimed from the first settlement of the Colony. As private

property the Company have no claim to it which will stand the test

of law or equity. It is to all intents and purposes in the same

condition as the lands of Cowichan, Nootka or Cape Scott; and the

funds derived from the sale as justly belong to the Territorial

revenues of the Colony. Taking then the townsite to be like other

lands, subject to the conditions of the grant, (which we will

hereafter prove) we find that one of the conditions says: 'That the

said Company shall (for the purposes of colonization) dispose of all

lands hereby granted to them, at a reasonable price, except as much

thereof as may be required for public purposes.' The streets are

used for public purposes--and for that reason the Company have no

more right to them, nor the trees, than anyone else. Their act of

felling trees on the public streets, and their intimation, deserves

the strongest mark of public censure--and merits the attention of

the proper authorities.

"Besides if our connection with the Hudson's Bay Company is not

speedily ended we may expect many more such trumped-up claims as

their claim to the streets, which they will want us to pay for."

I think my pioneer friends will now agree with me that enough

evidence has been furnished to prove my contention that View Street

was originally intended to reach from Wharf Street to Cook Street,

and farther if necessary.

Some Reminiscences of old Victoria · 第 36 / 41 章