Being a member of our Kirk session. I am so glad things have changed. I am afraid there would be a lot of people leaving our churches if every thing was reported. Elizabeth in Ont Canada

This is a Message Board Post that is gatewayed to this mailing list. Author: Mszum Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.britisles.scotland.ayr.general/2162.2176.4.1.1.1.1/mb.ashx Message Board Post: I thought I had done that? Marilyn Glenn Szum mszum@comcast.net Yes I have seen those sources myself. Marilyn Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

This is a Message Board Post that is gatewayed to this mailing list. Author: danielatgrch1 Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.britisles.scotland.ayr.general/2162.2176.4.1.1.1/mb.ashx Message Board Post: OK here is what I will do. Goto this address: http://genforum.genealogy.com/glenney/ Open one of post and then click on the posted by with my name. There you can find an email address. This is another forum that is a good place to communicate. The O'Harts Irish Pedigrees is available Through Google books. I went to the main library here at searched through 7 volumes of the american compendium of american families. In volume 5 there is also information starting with John Glenny. As far as contacting me the above is the only way I will post my email address on line. The other way is for you to identify your self. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

Hi List, Today I think I may have found my ggg-uncle Thomas Morrison who was born Muirkirk 1780 to James Morrison and Anne Brown. Someone recently expressed interest in any Thomas Morrison and I can't now remember who it was nor find her/his email. Piece: SCT1841/629 Place: Carluke -Lanarkshire Enumeration District: 9 Civil Parish: Carluke Ecclesiastical Parish, Village or Island: - Folio: 9 Page: 16 Address: Thornies MORRISON Thomas M 48 Iron Stone Miner Outside Census County (1841) MORRISON Catharine F 43 Lanarkshire MORRISON George M 15 Lanarkshire MORRISON Andrew M 10 Lanarkshire MORRISON Elisabeth F 5 Lanarkshire Piece: SCT1851/629 Place: Carluke -Lanarkshire Enumeration District: 7 Civil Parish: Carluke Ecclesiastical Parish, Village or Island: - Folio: 668 Page: 23 Schedule: 85 Address: Thornes MORRISON Thomas Head M M 58 Farm 10 Ac., Miner Ayrshire - Muirkirk MORRISON Catherine Wife M F 54 Lanarkshire - Kilbride MORRISON Jane Dau U F 21 Muslin Sewer Lanarkshire - Dalserf MORRISON Andrew Son U M 19 Mason And Miner Lanarkshire - Dalserf MORRISON Eliza Dau - F 14 Lanarkshire - Lesmahagow WILSON Catherine H. Grndau - F 3 Lanarkshire - Carluke This Thomas Morrison died 1868 aged 75 but to my disappointment the name of his parents was not recorded on the Certificate. Anyone interested in this family? Cheers, Mary

In 2009, when I was in Kilmarnock, I enquired with the Library if they had this publication. I can't recall if I also make an enquiry at the North Ayrshire Local Studies Library at Irvine or not. A friend has just had a look at the National Library of Scotland and the British Library in London, but could not find it on either online book Index. Have any list members come across this Pamphlet? Or do you have any other suggestions where I might look for it to see if I can find any more details about the Head of the Boyd clan's family form Kilmarnock. Thank you Mike Boyd Historical Committee, HBS

Page 95 Bessie Gibsonne for presumptions of fornication Mathow Pyle and Healeane Rosse as suspect of fornication William Bowman for drunknes and as suspect of fornication with Jonat Dickie Thomas Hay for drunknes Session October 19 1654 The whilk day Thomas Cubertsonne and Marrion Gilmour being sumoned as guiltie of drunknes and fornication both of them deneyed the same bot the session finding that notwithstanding that being discharged on two lpes fellowshipe they did still continue tippling and drinking together very bed in the nyht tyme ordinarly till twel oftolock at night and finding also that the said Thom Cudbertsonne & ane to the paroch is to put a testamoniall as also that he was ane ordinarie forypter and profane man did discharge him the paroch until he should bring ane positive testimonall from the paroch he was in last and rebuked the said Marrion for hir tippling and drinking with him The whilk day Johne Torbat in Rickardtowne being sumoned for drunknes and swering compeared still deneying the same bot the mater being referred to probation the witnesses did depone that the said Johne Tarbat did swear by the blood of Christ bot proved not his drunknes the session ordains him to stand in the publick place and acknowledge the sin of his fearfull swearing which he did The whilk day Hew Dunbar flesher being sumoned for drunknes compeared confessing the same the session ordains him to stand in the publick place and acknowledge his sine which he did The whilk day Agnes Patoune widow being sumoned for drunknes upon the comunion saboth compeared and confessed the same the session ordains hir to acknowledge hir sin before the congregation in the publick place until she should give synes of repentence The whilk day Hew Gibsonne and Bessie Gibsonne being sumoned for presumptions of fornication compeared and both of them confessed the same the session ordains both to acknowledge thir sin from the publick place before the congregation thrie several saboth dayes which they did The whilk day Mathow Pyle and Healeane Rosse being sumoned for fornication both of them compeared confessing the same the session ordains them to acknowledge thir sin in the publick place before the congregation thrie several saboth dayes which they did The whilk day William Bowman being sumoned for drunknes and as suspect of fornication with Jonate Dickie both of them compeared deneying fornication as also the said William deneyed drunknes sd mater being examined the witnesses deponed that William Bowman was drunk bot if could say nothing positively about his fornication with Jonate Dickie after the probation the said William confessing his drunknes the session ordained him to acknowledge his sin before the congregation which he did, and Jonate Dickie is expressed to forbear the said William & company.

On Sat, 22 May 2010, Ruth Sprowls wrote: > Date: Sat, 22 May 2010 12:32:19 -0400 > From: Ruth Sprowls <ruthsprowls@windstream.net> > To: Bill Davidson <william.davidson@rogers.com> > Cc: ayrshire@rootsweb.com > Subject: Re: [AYR] Mining on Vancouver Island > > "J. Dunsmuir got his brother-in-law Bryden to start the action. He > secretly wanted the court to strike down the legislation that excludes > chinamen from working in the mines because it was ultra vires." > > What is ULTRA VIRES??? > TX, > Ruth > Hello. Ultra vires means to act beyond one's legal authority - acting "beyond power" or outside one's power. By context, here, the legislation was sought to be ruled invalid by the court, on the basis that the legislature was acting beyond its authority, in enacting the legislation. As an analogy, under the Australian Constitution, the Australian federal parliament has the authority to enact legislation specific to any race; to implement racial segregation, such as apartheid. A specific section of the Australian Constitution, confers that authority on the Ausralian federal parliament. The particular legislature, to which the above query applies, might not have had such a provision, thus allowing the argument to be made, that enacting such legislation, was ultra vires. Note: This is important - the above response from me, is from my understanding, having studied a little law, however, I am NOT an accredited legal practitioner, and, similarly, my understanding is that any person who provides legal advice, without being a formally accredited legal practitioner, is likely to be commiting an offence against the law, as opposed to being a lay person advising of an interpretation that is solely based on the person's understanding, and making clear that the interpretation is from a lay person, based solely on the person's understanding, and making clear that the interpretation is not from an accredited legal practitioner. -- Bret Busby Armadale West Australia .............. "So once you do know what the question actually is, you'll know what the answer means." - Deep Thought, Chapter 28 of Book 1 of "The Hitchhiker's Guide to the Galaxy: A Trilogy In Four Parts", written by Douglas Adams, published by Pan Books, 1992 ....................................................

"Ultra vires" literally means "beyond strength" or "beyond power". If a legal person (an individual, group of individuals or a corporate body) purports to do something which is beyond their legal power, this is "ultra vires" and therefore has no legal effect. Ashbury Railway Carriage And Iron Co Ltd v Riche (1875) is a (possibly the) case illustrating this. The objects clause of the company's memorandum of association included "to make and sell, or lend on hire, railway carriages and wagons, and all kinds of railway plant, fittings, machinery and rolling stock; to carry on the business of mechanical engineers and general contractors; to purchase, lease, work and sell mines, minerals, land and buildings; to purchase and sell as merchants, timber, coal, metals, or other materials, and to buy any such materials on commission or as agents." The company's objects did not include constructing or operating railways. Mr Riche was purportedly contracted by the directors of the company to build a railway in Belgium (that there was such an agreement was not in dispute). He was involved in some expense before the company withdrew from the agreement and Riche sued for breach of contract. The court held that the construction of an entire railway, rather than rolling stock, as specified in the objects clause as being the purpose of the company, was ultra vires the company. The memorandum containing this information was a public document, therefore deemed to be available to Mr Riche, who should therefore have been aware that the agreement was beyond the powers of the directors to agree. Therefore Riche's action for breach of the alleged contract failed because the contract, being ultra vires, never had any legal existence. Mr Riche lost his money. Legislation has now changed the relevant law, but the case is still quoted as a very good example of the operation and consequences of the concept of ultra vires. In your case, the argument was presumably that the legislators concerned had no power to ban Chinamen from working in mines. This is therefore a matter of constitutional law, and the proper scope of power of the relevant legislature at the relevant time. Best wishes Allen On Sat, 22 May 2010 17:32:19 +0100, Ruth Sprowls <ruthsprowls@windstream.net> wrote: > "J. Dunsmuir got his brother-in-law Bryden to start the action. He > secretly wanted the court to strike down the legislation that excludes > chinamen from working in the mines because it was ultra vires." > > What is ULTRA VIRES??? > TX, > Ruth > > ------------------------------- > To unsubscribe from the list, please send an email to > AYRSHIRE-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message -- Using Opera's revolutionary e-mail client: http://www.opera.com/mail/

John, I have no futher information on the miners. I do have a question about Gilbert LITTLE. Do you know the name of his wife? And did he return to Ayrshire? I have an adopted child in my Ayrshire ancestry, Mary LITTLE, who might be the daughter of a Gilbert Little. -- Jo-Ann Croft

Early Coal Mining in Chile The mining and exportation of mineral products have long played a major role in the economy of Chile. Coal mining began in the early 1840s near Talcahuano to provide fuel to a growing number of steam-powered ships. At first, coal was transported out of the mines by horse-drawn wagons. A dramatic transformation of the industry began to take shape with the acquisition of extensive tracts of land in central Chile by Matìas Cousiño, the man credited with introducing industrialization to Chilean coal mining. In 1852, Cousiño hired the English engineer William W. Stephenson who determined that the region contained huge coal reserves that could be successfully extracted from under the Pacific Ocean where it meets the Chilean coast. Miners from Britain came to Chile in 1856 to teach mining skills to local workers. Cousiño installed steam engines to power ventilation systems and for extraction operations and built railway lines inside and outside of the mines to transport the mined coal to coastal piers for export. The innovations introduced by Cousiño resulted in the dramatic growth of coal mining near Lota, and this expansion promoted economic growth in the entire region. Lota is located on the coast almost exactly at the midpoint of Chile's approximately 4,600 km (2,880 mi) north to south dimension and some 480 km (300 mi) south of Santiago. Lota lies in Chile's 1,100 km (about 700 mi) long Central Valley which contains most of the nation's population centers and constitutes the heart of Chile's industrial, agricultural, and financial base. Administratively and geographically, the Lota area, including the Chivilingo site, is located in the VIII Región del Biobio, the capital city of which is Concepción. Lota was founded in 1662 as Santa Marìa de Guadalupe by the Spanish Governor Angel de Peredo. Later, its name was changed to Lota, the origin of which is "Louta," the native Araucanian word for small village. Initially an agricultural village, Lota turned to coal mining as the primary employer of its citizens during the second half of the 19th century. The village grew substantially and officially became a city on 5 January 1875. The original coal company operating in the Lota area from 1857 to 1869 was the Society Cousiño and Sons. It was succeeded by the Compañìa Explotadora de Lota y Coronel (the Development Company of Lota and Coronel) which operated the mines from 1870 to 1904. By 1880, 2,200 workers were employed in seven mines that extended to and under the sea. Eventually, some undersea coal mines in the area extended as far as 12 km (7.5 mi) from shore.

This is a Message Board Post that is gatewayed to this mailing list. Author: Mszum Surnames: Glen, Glenn, Glenny, Glennie, Classification: queries Message Board URL: http://boards.rootsweb.com/localities.britisles.scotland.ayr.general/2162.2176.4.1.1/mb.ashx Message Board Post: I see several people involved in this thread. I believe some of you may have had access to part of the info I have..O'Hart's Irish Pedigrees gives a lineage for Isaac Glenny and a couple different lines. I am interested in Exchanging info please!! I have done extensive research both in Ireland and Scotland. I believe I can help but to share swource documentation I need to do it by email rather than on the post. I listed one source. Another is my private friends who came from Ireland and Scotland and have shared insights with me. And last I have three or four excellent biographies that I believe answer a lot of questions. Lastly I am administrator of the Glenn Research Site on the DNA portion of Ancestry. I do not get paid for it but because of my own research I took it on because I believe it is needed to help us put all our resources together. I am co-moderator on a Yahoo Glenn group also and any of you are free to join us there or on Ancestry. However both are pri! vatized and I will need to approve you so you will need to identify yourselves!! I am attaching two of the pages but I believe there are more and will look for them... Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

"J. Dunsmuir got his brother-in-law Bryden to start the action. He secretly wanted the court to strike down the legislation that excludes chinamen from working in the mines because it was ultra vires." What is ULTRA VIRES??? TX, Ruth

John Perhaps a second question that should be asked - did any other miniers from Kilmarnock join them in Chile? I think that most of us would ASSUME that if someone "disappeared" from Ayrshire they may have gone to Lanarkshire, or down to the British Midlands and then perhaps look in either USA or Canada, but few would think of looking in Chile. Mike Boyd Brisbane ----- Original Message ----- From: "John Ferguson" <farguesonn@hotmail.com> To: <ayrshire-l@rootsweb.com> Sent: Saturday, May 22, 2010 6:49 AM Subject: [AYR] EMIGRANT AYRSHIRE COAL MINERS - 1853 > > On August 4 1853 the British sailing ship Colinda left London headed for > Fort Victoria, Vancouver Island. The Hudson's Bay Company sought to > develop coal deposits on the island. Native people seemed lacking in the > skills and attitudes required to mine coal so experienced miners from > Ayrshire became the solution. > > The 43 miners, contracted in Kilmarnock, never arrived to Fort Victoria, > as they abandoned ship in Valparaiso, Chile. Following four months at > sea, a hard passage through the Straits of Magellan, deaths of children, > and hunger, the passengers mutinied. The miners disembarked after their > wives refused to sail any further, and promised to stay in Chile, with or > without their husbands. These miners went on to contribute to the local > Chilean coal industry. > > I am interested in finding out if any list member had heard of this > voyage, and perhaps can add some more family detail to this unfortunate > journey during which ten babies died. > > John > > Australia >

Loretta I think that I have seen the same referecne in John Strawhorn's book. I think that you maybe best to contact Jill McCool the Local Studies Librairan at Irvine (Email localhistory@north-ayrshire.gov.uk ) so she can cite you the page number, etc. Mike Boyd Brisbane ----- Original Message ----- From: "Loretta Layman" <lynneage@h-o-l.com> To: <AYRSHIRE-L@rootsweb.com> Sent: Saturday, May 22, 2010 1:31 AM Subject: [AYR] History of Prestwick > Does anyone have a copy of or access to this book, authored by John > Strawhorn and published in 1994? An article at Wikipedia cites this book > for a statement, which I would like to confirm, to the effect that "the > lairds of Lyne had a townhouse in Irvine as did many of the other lairds > in > Cunninghame". > > > > Loretta > > > ------------------------------- > To unsubscribe from the list, please send an email to > AYRSHIRE-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message

Hi Ruth, Definitions of ultra vires activities on the Web: .Corporate activities that are not sanctioned by its charter and thus may lead to shareholder or third-party law suits. Acts beyond authority lion1234.dreyfus.com/cgi/inet/invest_glosry.trn -----Original Message----- From: ayrshire-bounces@rootsweb.com [mailto:ayrshire-bounces@rootsweb.com] On Behalf Of Ruth Sprowls Sent: Saturday, May 22, 2010 9:32 AM To: Bill Davidson Cc: ayrshire@rootsweb.com Subject: Re: [AYR] Mining on Vancouver Island "J. Dunsmuir got his brother-in-law Bryden to start the action. He secretly wanted the court to strike down the legislation that excludes chinamen from working in the mines because it was ultra vires." What is ULTRA VIRES??? TX, Ruth ------------------------------- To unsubscribe from the list, please send an email to AYRSHIRE-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

More about moving to Chile: I have some MCGAW's that made the move from Kirkmaiden WIG to Chile; two of the sons of William McGaw and Agnes McCosh, both born Kirkmaiden. William John McGaw 1866-1946 and died at Melipilla Chile, his brother Alexander 1870-1928, and Alexander's son Alexander 1909-1961 born Chile and died in London Eng. I found the Chile information on the family's MI but have not looked any further. Agnes McCosh b.1825 Straiton AYR. Regards, Judy in BC Can -----Original Message----- From: ayrshire-bounces@rootsweb.com [mailto:ayrshire-bounces@rootsweb.com] On Behalf Of Mike Boyd Sent: May-21-10 5:07 PM To: John Ferguson; ayrshire-l@rootsweb.com Subject: Re: [AYR] EMIGRANT AYRSHIRE COAL MINERS - 1853 John Perhaps a second question that should be asked - did any other miniers from Kilmarnock join them in Chile? I think that most of us would ASSUME that if someone "disappeared" from Ayrshire they may have gone to Lanarkshire, or down to the British Midlands and then perhaps look in either USA or Canada, but few would think of looking in Chile. Mike Boyd Brisbane ----- Original Message ----- From: "John Ferguson" <farguesonn@hotmail.com> To: <ayrshire-l@rootsweb.com> Sent: Saturday, May 22, 2010 6:49 AM Subject: [AYR] EMIGRANT AYRSHIRE COAL MINERS - 1853 > > On August 4 1853 the British sailing ship Colinda left London headed for > Fort Victoria, Vancouver Island. The Hudson's Bay Company sought to > develop coal deposits on the island. Native people seemed lacking in the > skills and attitudes required to mine coal so experienced miners from > Ayrshire became the solution. > > The 43 miners, contracted in Kilmarnock, never arrived to Fort Victoria, > as they abandoned ship in Valparaiso, Chile. Following four months at > sea, a hard passage through the Straits of Magellan, deaths of children, > and hunger, the passengers mutinied. The miners disembarked after their > wives refused to sail any further, and promised to stay in Chile, with or > without their husbands. These miners went on to contribute to the local > Chilean coal industry. > > I am interested in finding out if any list member had heard of this > voyage, and perhaps can add some more family detail to this unfortunate > journey during which ten babies died. > > John > > Australia > ------------------------------- To unsubscribe from the list, please send an email to AYRSHIRE-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.819 / Virus Database: 271.1.1/2887 - Release Date: 05/20/10 23:26:00

On August 4 1853 the British sailing ship Colinda left London headed for Fort Victoria, Vancouver Island. The Hudson's Bay Company sought to develop coal deposits on the island. Native people seemed lacking in the skills and attitudes required to mine coal so experienced miners from Ayrshire became the solution. The 43 miners, contracted in Kilmarnock, never arrived to Fort Victoria, as they abandoned ship in Valparaiso, Chile. Following four months at sea, a hard passage through the Straits of Magellan, deaths of children, and hunger, the passengers mutinied. The miners disembarked after their wives refused to sail any further, and promised to stay in Chile, with or without their husbands. These miners went on to contribute to the local Chilean coal industry. I am interested in finding out if any list member had heard of this voyage, and perhaps can add some more family detail to this unfortunate journey during which ten babies died. I do not have any more details other than what is listed here. Beveridge, David 21, wife & son 4 months Bowman, William 18, Dick, James 43, wife, 4 sons & 3 daughters ( I know this family did work at Nanaimo, B.C.) Ewart, Robert 26, wife, 1 son, 2 daughters & brother Frew, James 23, & wife Gilmour, John 28, wife, 2 sons Heron, Thomas 25, & wife Hunter, Andrew 49, wife, 3 sons & 2 daughters Kerr, John 43, wife, 3 sons & 1 daughter Little, Gilbert 22, wife & son 5 months (an ancestor on my mother's side of the family) McCullum, Archibald 30, wife, son & daughter McKie, William 27, wife, son & daughter McMurtrie, Thomas 24, wife & brother Muir, John 31, wife, son & daughter Nesbit, James 26, wife, son & daughter Pearson, Ralph 21, wife & son Reid, James 33, wife & 7 sons Seal, Francis 24, wife, son & daughter Shaw, David 30, wife & 4 sons Simpson, Adam 28, wife & 2 sons Smith, Thomas 27, wife, son & 3 daughters Sutherland, William 29, & wife Watt, Alexander 23, wife & son Wilson, Jacob 28, wife & daughter Wyllie, Robert 21, wife & daughter John Australia _________________________________________________________________ View photos of singles in your area! Looking for a hot date? http://clk.atdmt.com/NMN/go/150855801/direct/01/

This is a Message Board Post that is gatewayed to this mailing list. Author: danielatgrch1 Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.britisles.scotland.ayr.general/2162.2176.4.1/mb.ashx Message Board Post: I am always searching. Any Information you have is greatly appreciated. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

Thanks very much Mike. I'll write to the librarian. Thanks also to others who've responded. Loretta -----Original Message----- From: ayrshire-bounces@rootsweb.com [mailto:ayrshire-bounces@rootsweb.com] On Behalf Of Mike Boyd Sent: Friday, May 21, 2010 8:00 PM To: Loretta Layman; AYRSHIRE-L@rootsweb.com Subject: Re: [AYR] History of Prestwick Loretta I think that I have seen the same referecne in John Strawhorn's book. I think that you maybe best to contact Jill McCool the Local Studies Librairan at Irvine (Email localhistory@north-ayrshire.gov.uk ) so she can cite you the page number, etc. Mike Boyd Brisbane

Hi folks, FYI I have a relative John Bryden who married Elizabeth Hamilton Dunsmuir in 1866, Ayrshire. Her father was Robert Dunsmuir who went to Vancouver Island with the HBC as a coal miner. During his life in BC he build Craigdarroch in Victoria and became one of the richest men in BC. (The Dunsmuir Saga - ISBN 13: 978 1 55054 070 3 OR 10: 1 55054 070 X) The story is about the family on Vancouver Island and the coal mines. Here is some of the info and website: http://www.craigdarrochcastle.com/ The family can be seen at my website: http://www.williamdavidson.com/wc21/wc21_185.html Bill Union Colliery v. Bryden [1899, J.C.P.C.] pg. 46 J. Dunsmuir got his brother-in-law Bryden to start the action. He secretly wanted the court to strike down the legislation that excludes chinamen from working in the mines because it was ultra vires. A.G. of B.C. steps in as an intervener, he wanted the legislation upheld. The A.G. argues that the legislation when enacted was under the powers conferred to the provinces under s. 92 (civil and property rights) and hence is intra vires. The flip argument put forward by Union Colliery is that the legislation falls under s.91 because it deals with aliens and naturalization. I were the enactments of s. 4 of the legislation within the competency of the B.C. government. Ultra vires or intra vires? H legislation is ultra vires ratio -this case presents a classic match up of categories of federal power under the Constitution (sec. 91) against categories of provincial power (sec. 92) with the J.C.P.C. ultimately deciding the matter. - Lord Watson uses the pith and substance test on the legislation. The test revealed that the legislation was not really about safety (civil and property rights) but about discrimination against chinamen (aliens and naturalization). - the crt. discovered that there were workers other than chinamen in the mines that could not speak English, thus, the provinces safety argument fails. What the province is actually doing is discriminating against aliens. comments -the crt. also noted that, by virtue of the concluding words of s. 91, whenever a matter comes within the classes of subject enumerated in s. 91, it is excluded from provincial jurisdiction even though it might otherwise come within a s. 92 category. This has not been the judicial interpretation since Union Colliery though. - the literal application of Lord Watson's approach to section 91-92 issue in Union Colliery would have led to an extremely centralized form of federalism. The crts. have developed various techniques for preserving provincial laws when they overlap with or contain elements of functions assigned to the federal government by s. 91. (See Saumur and Dupond) Thus, pith and substance can not always give us the answer. - On these occasions, the crt. will decide who has the strong claim, feds. or provs. The crt. can also find for the prov. in the sense that the fed. has not exercised jurisdiction in the particular area, and until they do, it belongs to the provs. However, this is not to say that the pith and substance argument has disappeared as a basis on which provincial laws maybe challenged. - the J.C.P.C. did not invalidate the entire section; it severed the invalid parts. Crts. in deciding whether to sever will ask the question whether the legislature would still have enacted or would still want the section without the offensive part. While severance was relatively common, rewriting and addition for underinclusiveness was not though. This has somewhat changed with the advent of the Charter. DUNSMUIR, ROBERT, coal-miner, entrepreneur, and politician; b. 31 Aug. 1825 near Kilmarnock (Strathclyde), Scotland, the son of James Dunsmuir; m. in 1847 Joanna (Joan) Olive White, and they had ten children; d. 12 April 1889 at Victoria, B.C. Robert Dunsmuir was the son and grandson of Ayrshire coal-masters. He received his early education at the Kilmarnock Academy and at about age 16 entered the mines as an apprentice to his uncle and guardian, Boyd Gilmour. By 1850 Gilmour was overman at the Hudson’s Bay Company coal-mine near Fort Rupert (near present-day Port Hardy) on northern Vancouver Island. On Gilmour’s urging, Dunsmuir indentured himself to the company, arriving at Fort Rupert with his wife and three children in September 1851. Dunsmuir entered a difficult situation, for despite dedicated efforts by men such as Gilmour and John Muir the mines were failing. The coal was limited in extent and quality, poor management by the HBC officers in charge had caused much unrest among the miners, machinery and skilled labour were in short supply, and hostile natives were a continual threat. During 1851–53 the HBC transferred its mining apparatus to the newly discovered coalfields at Nanaimo. The Dunsmuirs joined in the move to Nanaimo, though several miners, including Gilmour, soon returned to Scotland. In 1855 Dunsmuir refused to join a strike of dissident miners, earning for his apparent loyalty to the HBC a free-miner’s licence to work an abandoned HBC shaft. In 1862, when the HBC sold its coal mining operation to the Vancouver Coal Mining and Land Company, he contracted to work as a mines’ supervisor for the new firm. Two years later, his record of independence, initiative, skill, and productivity brought him to the attention of Horace Douglas Lascelles* and three other naval officers at Esquimalt who persuaded Dunsmuir to become resident manager of their newly formed Harewood Coal Mining Company. The company encountered difficulty in starting production, chiefly because of lack of capital, and was absorbed by the VCMLC; Dunsmuir, recognized as the most knowledgeable miner on the island, was hired once again by this company as mines’ supervisor. After joining the VCMLC Dunsmuir conducted clandestine explorations for coal on surrounding lands. He continued his secret surveys until 1869 when he discovered the Wellington seam, five miles northwest of Nanaimo harbour, the thickest and most extensive of the coal measures found until then in the Nanaimo basin. After laying claim, he was able to arrange short-term financing from San Francisco but was soon forced to seek more capital. He obtained £32,000 to develop the colliery from another group of naval officers, which included Lieutenant Wadham Neston Diggle. In addition to the claim Dunsmuir’s contributions to the enterprise would be his expertise and his willingness to build and operate the colliery. He insisted upon and received half the shares plus full control over all operations. In 1873 the mine was incorporated under the name Dunsmuir, Diggle Limited, a ten-man partnership that included the naval officers, Dunsmuir, and his sons James* and Alexander. Dunsmuir’s first years as a colliery owner were devoted to establishing a basic mining operation – a high risk venture given the economic recession of the time. He had to take into account the VCMLC’s large plant, and to create the vital elements of several shafts for mining, a skilled work-force, and an efficient three-mile transport link from pit-head to wharves, which after 1870 meant a steam railway. Newspapers reported each step in the colliery’s advance, and editorials were soon stressing the significance of Dunsmuir’s efforts to the region’s economy. By the end of 1874 the British Columbia minister of mines, John Ash, reported that “The Departure Bay [Dunsmuir] Mines are now in full operation,” the returns from which “illustrate the value of the seams.” That year Dunsmuir’s coal output totalled 29,818 tons, of which only 2,384 tons were unsold. This production figure was more than half the VCMLC’s output, and in the following year Dunsmuir’s operation came within 10,000 tons of its chief competitor. By 1878 Dunsmuir had overtaken the other colliery’s production, raising 88,361 tons of coal compared to 82,135. Although the company had had sufficient financial backing from its partners to begin mining, it was mainly Dunsmuir who had taken the risks, and who had provided the management necessary to create, maintain, and expand the operation from a mere claim to British Columbia’s foremost colliery. Until 1878 it appears that Dunsmuir ploughed most of the profits back into the firm; no additional shares were issued and there is no evidence indicating other sources of financing were necessary. His business success is even more impressive when it is realized that he kept pace with technical developments. Dunsmuir described his works in 1879 as having “4 3/4 miles of railway; 4 locomotives; over 400 waggons; 4 [hauling] engines and 2 steam pumps; 3 wharves for loading vessels, with bunkers, etc.” In 1879 Dunsmuir, Diggle Limited purchased another colliery in the same seam, the South Wellington, to the south of Nanaimo. Together, the two operations provided underground access through one pit (160´ deep) and two main shafts (one reaching 310´). The purchase gave the firm a further “4 1/2 miles of railway; 1 locomotive; over 50 waggons; 1 steam pump; 2 large winding engines; 1 small engine”; the combined labour force was now 418. The purchase of the South Wellington proved both a logical and a profitable move, as the output, workforce, and plant value of Dunsmuir, Diggle, all rose sharply. In 1881 Dunsmuir claimed that his coal operations were worth $245,000. Equally significant, he was by then employing 547 men (more than half of whom were Chinese) and his annual output had reached 181,048 tons of coal, fully 84.4 per cent of which was exported. Further expansion occurred in 1882 when Dunsmuir sank two additional main shafts; eventually a total of five mines were in production on the Wellington deposit. What probably gave Dunsmuir his greatest satisfaction, however, was his step-by-step purchase of the holdings of the non-family partners. Before the 1870s had ended, he had bought all but Diggle’s interests. Then on 14 Sept. 1883 Victoria’s Daily British Colonist reported that Diggle had sold his holdings to Dunsmuir for $600,000, and that henceforth the firm would conduct business “under the name and style of R. Dunsmuir & Sons.” Dunsmuir was a shrewd and opportunistic coal proprietor. Compared with other coal entrepreneurs of the 1870s and 1880s, he was not particularly lucky or especially ruthless, but he made the most of the important advantages he had over his competitors. He had been a thoroughly knowledgeable coal-miner and a highly experienced mines’ supervisor before starting his own colliery, and by being the sole claimant of the island’s richest coal seam when he began his first venture as a coal-mine proprietor, Dunsmuir’s potential as a producer was the greatest on the island. Furthermore, although he was a latecomer to the province’s coal trade, his entry occurred at a time when speculative coal enterprises were most profitable. What distinguished him above all from other promoters, the majority of whom failed to secure sufficient start-up capital, was hip astute move in turning for support to the naval officers who had both an awareness of the value of the coalfields in the region and the financial means to make substantial investments. Also important was Dunsmuir’s proximity to the colliery: as his usual residence was Nanaimo, nothing to do with the operation escaped his attention and day-to-day management decisions were made with ease. Finally, he was able to recruit and train as his chief subordinates his two sons, who were also in the original partnership, and a son-in-law, John Bryden; not only did he fix the colliery’s management in the family’s grip, he also ensured that as the company prospered the financial position of the family was correspondingly strengthened. Thus it was that most of Dunsmuir, Diggle’s power and wealth came to be concentrated in the Dunsmuir family’s hands. He was dedicated to the new coal industry and determined to dominate if not monopolize it. Within ten years of starting operations Dunsmuir had generated sufficient capital from sales to build a colliery operation that surpassed in size and output the combined value of all other British Columbia coal mines, to purchase extensive holdings of coal-bearing lands in the Comox district, and to construct and operate a fleet of colliers; he also invested heavily in real estate on Vancouver Island and in an iron foundry, a theatre in Victoria, agricultural lands, and a mainland diking scheme. Most of Dunsmuir’s wealth was in the form of equity capital, but it none the less gave him all the security he needed to continue making acquisitions whenever and wherever he chose. This was, after all, a time in Canadian history when neither corporate nor income taxes existed, and what coal royalties there were had little impact on profits. Indeed, it was a period in which governments appeared more eager to give money to men like Dunsmuir than to take it from them. A case in point is his involvement in the building of a railway on Vancouver Island. A rail link between Nanaimo and Victoria had been planned as early as 1873, but no serious effort to start construction was made until December 1883 when the province transferred to the federal government sufficient crown lands for the project. To safeguard control of the island’s economic future, and prevent the possibility of the Northern Pacific Railroad gaining the contract, many businessmen and politicians urged Dunsmuir to build the line. Dunsmuir was reluctant to accept the task, thinking it of little benefit to his colliery operations. He submitted a proposal to the Canadian government, however, and despite the severity of his terms he emerged as the sole acceptable alternative to foreign builders. After much shrewd bargaining in Ottawa Dunsmuir agreed to construct the railway in return for a subsidy of $750,000 in cash and a parcel of land comprising some two million acres – fully one-fifth of Vancouver Island. Significantly, the land grant came with “all coal, coal oil, ores, stones, clay, marble, slates, mines, minerals, and substances whatsoever in, on or under the lands so to be granted.” He received also all foreshore rights for the lands, all mining privileges (including the right to mine under adjacent seabeds), and the retention of all coal and other minerals taken from the land. Additionally, as contractor he was permitted to cut whatever timber and erect whatever structures he saw fit to build the line. To promote settlement, provision was made for the sale of farmlands to homesteaders at one dollar per acre. Squatters of at least one year’s residence were allowed to buy up to 160 acres, and those settlers with title were allowed to retain their holdings, but virtually all else would go to the contractor in right of performance. It was, in short, a major give-away of British Columbia’s natural resources. Although Dunsmuir had been chosen to prevent the Americans from gaining control of the railway, the lands, and the area’s mineral rights, he was not averse to exploiting American talent and experience in constructing the railway. The contract which Dunsmuir drew up for the Esquimalt and Nanaimo Railway named himself, his son James, and his son-in-law John Bryden as contractors, and Charles Crocker, Mark Hopkins, Leland Stanford, and Collis Potter Huntington, all officials of the Southern Pacific Railroad, as subcontractors. Construction began at Esquimalt on 26 Feb. 1884 and proceeded on schedule. Sir John A. Macdonald*, prime minister of Canada, drove the “last spike” at Shawnigan Lake on 13 Aug. 1886, and by September trains were running into Victoria along lines laid from Esquimalt across Indian lands Dunsmuir had managed to have expropriated for his use. Building the railway was Robert Dunsmuir’s last major entrepreneurial effort. James Dunsmuir and John Bryden were now the driving forces behind further expansion of the family’s business, and their time was filled with consolidating and operating the huge industrial, transportation, and commercial activities created chiefly by the elder Dunsmuir. Robert was content to leave such matters to his successors, busying himself more with his other investments, particularly those in Victoria where he then resided. He had already built a mansion in Nanaimo; he now busied himself with plans to build a sandstone castle (Craigdarrock), a task that both challenged his remaining energies and suited his image as British Columbia’s leading 19th-century industrialist. Part of Robert Dunsmuir’s notoriety stemmed from his business acumen, but a greater part resulted from his approach to labour relations. He believed the mines he owned were his to do with as he chose. In his mind, he alone had been responsible for raising the capital, building the collieries, opening the markets, and maintaining the plant. He had tended always to pay lower wages than his competitors, and he hid preferred to employ Orientals who were willing to work for half the pay other miners would accept. His coal operations were generally safer than those of his main competitor, the VCMLC, though like all colliery owners of the time the Dunsmuirs resisted many of the demands for safety improvements made by provincial inspectors of mines, thereby perpetuating the hazardous conditions that led to accidents, including the 1876 disaster at Wellington. In 1877 when all the island colliers were threatening to strike over wages [see Samuel H. Myers], Dunsmuir was to be struck first, but before the threatened work-stoppage could spread to Nanaimo, Robert locked out his employees, claiming he alone would break the resistance. Four months were lost before the miners, harassed by both police and militia sent north from Victoria at Robert’s demand, and plainly destitute, agreed to return to work. Yet Dunsmuir, clearly victorious, chose also to be vindictive, and offered the men a maximum daily wage of $2.50 – a rate one-third lower than his best-paid employees were earning before the strike. He effectively had broken the most significant attempt up to that time to organize mine workers in British Columbia, and he never faced another major rebellion by labour. For this action especially, Robert Dunsmuir gained a reputation as the province’s most ruthless, avaricious employer. Yet, to the middle and upper levels of island society, Dunsmuir symbolized wealth, success, and moral authority, a circumstance which encouraged him when he was extricating himself from direct management of the collieries to pursue new interests. He entered politics in the provincial election of 1882 as a candidate for Nanaimo. He was elected and returned again in July 1886, but, apart from becoming president of the Executive Council in the administration of Alexander Edmund Batson Davie in 1887, Dunsmuir left no appreciable mark as a politician. For much of his later life, Robert was alienated from his wife, though she inherited his entire estate. The Dunsmuir children were educated and treated in a fashion befitting their father’s wealth. He made the collieries a family business, drawing the menfolk in first as workers and then as managers. They, in turn, retained control until 1910, when the main Dunsmuir interests were sold to William Mackenzie* and Donald Mann*. James Dunsmuir was premier of British Columbia from 1900 to 1902 and lieutenant governor from 1906 to 1909. Robert Dunsmuir was and has remained the most controversial person in the province’s history. He has been recognized by most historians as a great builder, a pioneer industrialist intent upon shaping his province as much as increasing his personal fortune. He has, on the other hand, been more recently presented, by writers probing the province’s early industrial activities, as British Columbia’s chief symbol of unbridled capitalism, and a ruthless exploiter of men and material. The most recent research reveals that neither view is fully accurate, and suggests strongly that a full-scale study of his personal and business career and the social context in which he lived is needed.