Sawmills
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MIZEN SAWMILL STUDY E.V.H. KEANE 1887 - 1891 It should be remembered at this point that Keane’s became the owner of Location 75 when his name was entered on to the title to Location 75 (Mason’s Mill) in March 1887. It is likely Keane took possession of the mill at the end of 1887 or early 1888 following the collapse of Stevens and Akins partnership. There is nothing specific at this point that indicates whether he operated the mill after he took possession of the property. Slee and Shaw state that Canning Mills was working prior to the completion of the railway in 1891, this was achieved using a traction engine brought up on the Mason and Bird ‘tramway’ (Slee & Shaw, 1979, p. 48). Given the information obtained from Certificate of Title Volume 21 Folio 209 (Location 75) it is far more likely that Keane made Mason's Mill operational after he took possession. In order to do that he would need access to timber. |
EDWARD KEANE #1 |
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Slee and Shaw state that Keane gained control of the timber license 12/1 in 1889 (Slee & Shaw, 1979, p. 45). How Keane achieved this is not clear, the Bank of New South Wales retained possession of the land at the Canning Mills locations until July 1891. This implies that it is likely the bank held the mortgage over the timber concession until July 1891. However, it is possible that Keane was able to buy out the Banks interest in the timber concession separately, prior to the purchase of the land at Canning Mills. McIntosh was of the view that Keane was the finance broker for the initial stages of the project to gain control of the mill and the concession (McIntosh , N.D, p. 27). Steel states that “the timber concession was granted to Keane on the condition that he build “a line of railway from the junction of the midland and eastern railways near Guildford to the Canning Mills”’ (Steel, N.D.). This is not correct. It is evident from the Hansard report Keane held the concession prior to the issue relating to the railway being before parliament. This suggests that Slee and Shaw’s account is correct. Further, Keane was seeking to have the concession he now held made exclusive, so that nothing would prevent him obtaining full value for his efforts (Hansard, 1891, pp. 429-433). It is evident from the Hansard report that Keane and others were aware that there was a potential for other cutters to exploit the lease if the terms remained the same as those when Shaw held it, or, for buyers to purchase land lots that would prevent him from operating. It is noted that the Certificates of Title that have been examined from the Canning Mills locations show no evidence of Keane’s name on those titles, the land was transferred to the Canning Jarrah Timber Co Ltd (“CJT Co”) by “endorsement”. The reference to transfer by “endorsement” implies that there were other parties involved before the CJT Co were formally entered onto the Certificates of Title as owners of the land. Slee and Shaw state that the intermediate party was Edward Noyes (Slee & Shaw, 1979, p. 48). Slee and Shaw make no mention of the Canning Mills land being owned by Keane, merely that Keane facilitated the transfer that ultimately ends with the CJT Co becoming owners of the license and land. The one exception to this is the title to Canning Location 75 which records Keane as owning that Location in March 1887, the transfer to Noyes in April 1891 and then the transfer to the CJT Co on the 21st July 1891. Further in October 1890 it is reported that: Mr. S. White manager of Mr. Keane's new mill is having all the machinery and many of the buildings situated at the Canning Saw Mill removed to the site of the new mill. The new machinery is daily expected to arrive, when the mill will be got under way, and the Canning hills will be a business locality second to none …” (Unknown, Perth Waterworks Canning, 1890, p. 7). (see also (McIntosh , N.D, p. 14)). In December 1890 Keane advertises for tenders to adze 30,000 sleepers (Keane, 1890). From this it is assumed that Keane had an operational mill prior to this date and had had a stock pile of sleepers. This in turn implies that he had access to timber some time prior to this date, this tends to verify Slee and Shaw’s dates in regard to Keane’s access to the timber concession. The Smith and White Bro’s Anomaly. |
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Section of Lands Department map Canning
155 Sourced from Landgate |
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Note: 1. Location 269 2. Location 49/332
Smith and White Bros were EVH Keane allies 3. The road is Illawarra Road (latter Carinyah Road). There is an anomaly in the recorded history related to Keane, the CJT Co and Location 164 that needs to be resolved. Austin and Gunzburg (2008) citing Watson holds that White and Co (one of E.V.H. Keane’s allies) built a mill at Canning Location 164 in 1888. Slee and Shaw make the same claim without any supporting evidence (1979, pp. 45-46). Steele also makes the same claim (N.D., p. 15). This claim is factually and legally improbable, there is no mention of Mr White or White and Co on the Certificate of Title relevant to that location (Registrar of Titles, 1884). In addition to this, Keane did not secure the properties until July 1890 (Unkown, 1890, p. 3) (but the CJT Co were not entered onto the title until July 1891) If there was an existing White and Co mill on Location 164 there would be no need to transfer the mill from Masons site, in fact there would be no need for E.V.H. Keane to purchase Mason’s Mill at all. In addition, the Lands Department plan Canning 155 makes no reference to any mill on Location 164. As previously set out above: 1. The Bank of New South Wales retained legal ownership of the land, including Location 164, as mortgagee (Shaw’s mortgage 1884) until the Canning Jarrah Timber Co Ltd were entered on to the respective Certificates of Title in July 1891; 2. Stevens and Atkins lease the timber license and land from Shaw’s trustee in bankruptcy, this would have required documentation to protect the trustee in bankruptcy, the mortgagee/lessor bank and to define the rights and obligations of the lessee; 3. There was serious litigation involving Stevens and Atkins and the proceeds (or perhaps better stated as the lack of proceeds) of the lease. It is extremely unlikely the Bank would have wanted to further complicated the mess they found themselves in. Allowing a third person or other business onto Location 164 would potentially expose Shaw’s trustee in bankruptcy and the Bank to action by the lessee, Stevens and Atkins. It is widely recorded that the partnership was not averse to litigate when the need arose. The most likely explanation for the anomaly is that it’s a misapprehension of the quote attributed to Mr. S. White set out above, and/or, a misapprehension regarding Smith and White Bros who held a conditional purchase agreement (49/332) for land on Pickering Brook Road on the opposite side to the Pickering Brook Primary School (See Lands Department Map Canning 155 above). Given the difficulties the bank found themselves in regarding the property it held, it appears that when the opportunity to off load the remaining mess arose, the bank took it. The opportunity being created as a result of the formation of the Canning Jarrah Timber Co Ltd.
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References: Article: David Mizen Images: 1 Cala Munnda A Home in the Forest - John Slee & Bill Shaw
Copyright : Gordon Freegard 2008 - 2021
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