History of Nevada, Colorado, and Wyoming, 1540-1888, Part 20

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Frances Fuller, Mrs., 1826-1902
Publication date: 1890
Publisher: San Francisco : The History company
Number of Pages: 872


USA > Colorado > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 20
USA > Nevada > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 20
USA > Wyoming > History of Nevada, Colorado, and Wyoming, 1540-1888 > Part 20


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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15 House Misc. Doc., 70, 37th cong. 2d sess .; Nev., Jour. Council, 1861, 82- 3, 102-3; Nev. Jour. House, 1861, 94, 199-201; Gold Hill News, Jan. 15, 1864.


16 There was a provision introduced in the constitution enabling men in the service of the U. S. to vote at elections. Nev. Constit. Debates, 1864, 915, 943; Nev. Laws, 1864, 81-5.


17 Parker's Letter-Book, MS., 177-8. The Carson Appeal of Sept. 22d, 1869, says that Nevada paid nearly four times as much internal revenue per capita as any other state, owing to the honesty and efficiency of her officers.


184


STATE GOVERNMENT.


tion was 11,393, the majority in favor of it, 9,131.18 There were elected at the same time the members of the legislature for 1864, and a delegate to congress, John Cradlebaugh, on the independent ticket. The democratic candidate was A. C. Bradford, who was beaten by Cradlebaugh by sixty-five votes only. Fitch, the republican candidate, was far behind. This was a warning to the republican party. However, all these elections went for nothing when the president on the 31st of October proclaimed Nevada a state of the union. As the presidential election was yet to take place in November, a new election for repre- sentatives and state officers was ordered to be held at the same time.19 Two full tickets were put in the field, but the republicans elected their candidates by large majorities.20 The choice of the people fell upon H. G. Worthington of Lander county for member of congress to fill the unexpired term ending in March 1865. H. G. Blasdel was chosen governor.21 Under the constitution the state was divided into nine judi- cial districts, one judge to be elected in each, with the exception of the 1st district, comprising Storey county, which might have three district judges.22


According to the constitution, also,23 the first legis-


18 Nev. Constit. Debates, xiv., gives the majority at 9,091, but the Lander county vote was not counted.


19 Congress changed the day fixed in the enabling act to bring the election on this day.


20 The total vote at the election was 16,420; the majority for republican presidential electors was 3,232. The same majority, or near it, was given to all the republican candidates except two. Nye county sent one democrat, Frank M. Proctor, to the state senate; and Churchill county one democrat to the assembly, James A. St Clair.


21 J. S. Crossman lieut-gov., C. N. Noteware sec. state, A. W. Nightin- gill controller, E. Rhoades treas., A. F. White supt of public instruction, S. H. Marlette sur .- gen., C. M. Brosnan, H. O. Beatty, and James F. Lewis, sup. ct judges, George A. Nourse att'y-gen., Alfred Helm clerk of sup. ct.


22 There were elected in this district C. Burbank, R. S. Messick, and R. Rising, judges. Ormsby co., which constituted the 2d district, elected S. H. Wright; Lyon co., the 3d district, W. Hayden; Washoe and Roop, the 4th district, C. C. Goodwin; Nye and Churchill, the 5th district, H. L. Baker; Humboldt, the 6th district, E. F. Dunne; Lander, the 7th district, W. H. Beatty; Douglas, the Sth district, D. W. Virgin; Esmeralda, the 9th district, S. H. Chase. The district judges elected in 1864 were to hold office until January 1867, and after that their terms should be for four years. Gold Hul News, Nov. 16, 1864; Nev. Laws, 1864, 53.


23 Nev. Laws, 1864-5, 65, article xvii., sec. 12 of the constitution. The


185


FIRST STATE LEGISLATURE.


lature convened on the 12th of December,24 and on being organized listened on the 14th to the message of Governor Blasdel, which communicated to them, among other facts affecting the state, that the new government had inherited from the territory a debt of $264,000 exclusive of the expenses of the last con- stitutional convention, and that to meet this indebt- edness there was an empty treasury and an uncollected tax of $70,000.25 He recommended economy and wise revenue laws; but, as I have already remarked in another place, the state of Nevada has always been burdened with debt, from habits of extravagance originating in too great expectations, and from regard- ing mining as the sole industry worth encouraging.2


regular sessions thereafter were to begin on the first Monday in Jan. follow- ing the election of members.


24 The members of the first state legislature were: Senators N. W. Win- ton, S. A. Kellogg, C. A. Sumner, and W. H. Claggett from Storey co .; J. S. Seely and A. J. Lockwood from Ormsby; James S. Slingerland and Charles Lambert from Washoe; Lewis Doron and John Ives from Esmeralda; M. D. Larrowe and W. W. Hobart from Lander; M. S. Thompson and Fred- erick Hutchins from Humboldt; J. W. Haines from Douglas; Alfred James from Lyon and Churchill; and D. L. Hastings from Lyon. The assembly- men were: W. M. Cutter, Edwin Patten; Erastus Bond, W. W. Bishop, Charles W. Tozer, James A. Rigbey, A. L. Greely, H. M. Bien, Jolin Leavitt, R. A. Ycung, James Bolan, and Jacob Smith of Storey co .; S. C. Denson, J. E. W. Carey, and L. C. McKeeby of Ormsby; D. H. Brown, B. H. Nichols, and J. Anson Dun of Humboldt, D. P. Walter, E. P. Sine, J. L. Hinckley, and M. A. Rosenblatt of Lander; W. F. Toombs, W. G. Lee, and H. G. Parker of Lyon; James Small and Henry Epstein of Douglas; A. C. Bearss of Nye; L. M. Shackleford, H. H. Beck, and A. J. Myrick of Washoe; James A. St Clair of Churchill; D. H. Haskell, D Wellington, John S. Mayhugh, and Cyril Hawkins of Esmeralda. Nev. Sen. and Assem. Jours., 1864; Gold Hill News, Nov. 16, 1864. The senate was presided over by the lieutenant-gov- ernor. The officers elected were L. B. Moore secretary, Geo. R. Ammond assistant secretary, Mr Hollister and George Wellington, enr. and eng. clerks, Thomas Peasley sergeant-at-arms, and Hickey door-keeper. The house elected Charles W. Tozer speaker, W. M. Gillespie chief clerk, C. S. Ham- mer eng. clerk, W. B. Fulwiler enr, clerk, J. M. Woodward sergeant-at- arms. Nev. Jour. Sen., 10.


25 I am not able to reconcile this statement of Gov. Blasdell, which is un- doubtedly correct, with the report of Nye, in March 1864, that the territory was not owing more than $15,000, which I find over his own signature in Parker's Letter-Book, MS., 179, this authority being a book of copies of official correspondence, taken with a press and therefore unaltered.


26 The taxes imposed by an act to provide revenue for the support of the state government and payment of the public debt imposed a tax of $1.25 on each $100 of taxable property, and a poll-tax of $4 on every male inhabitant over 21 and under 60 years of age, not exempted by law. The county tax was $1.50 on every $100. The sheriff of each county was made ex-officio col- lector of licenses at the following rates: Each public billiard table $5 per quarter year; every bowling alley $10 per quarter; theatres $100 per month,


186


STATE GOVERNMENT.


But whatever errors it fell into its loyalty remained ; and even before hearing the message of the execu- tive a resolution was offered in the house by Bien of Storey county, congratulating the country on the reelection of Lincoln, and pledging the lives, honor, and fortunes of Nevada in support of the govern- ment,27 which was made a joint resolution by the senate on the 1st of February. On the 29th of December the senate passed a congratulatory reso- lution offered by Sumner to General Sherman on the design and brilliant execution of his "march to the sea," which was concurred in by the assembly. On the 16th of February the senate and assembly rati- fied the thirteenth amendment to the constitution of the United States by which slavery was abolished.


But to return to more purely local affairs. On the 15th of December, both houses being organized, they proceeded to the election of two United States sena- tors, Stewart, Nye, Charles E. De Long, Cradle- baugh, and B. C. Whitman being nominated. Stewart or $5 a day for a shorter time than a month; if for three months $200; and if for a year $600; concert singers paid the same license as theatrical perform- ers: a single exhibition of a menagerie or a circus was taxed $20; tight-rope dancers, jugglers, and such folk were taxed $10 a day; a pawnbroker $100 per quarter; a keeper of an intelligence office $15 per quarter. Brokers were divided into five classes, according to the amount of their business, and taxed respectively, $100, $80, $50, $30, and $20 per quarter. Bankers were also classified, and taxed respectively $200, $150, $100, $75, and $50 per month. All venders of any kind of wares, merchandise, liquors, drugs, or keepers of livery were divided into ten classes, according to their receipts, and taxed respectively $50, $37, $25, $20, $15, $10, $7.59, $5, $3.75, and $2.50 per month; but retailers of liquors were taxed $10 a month, and hotel keepers who kept a bar outside the limits of any town were taxed $15 a quarter. Hotels and boarding and lodging houses were taxed $10 and $5 a month; peddlers on foot and auctioneers $10 a month; peddlers using a wagon for the vending of any merchandise or liquors, or anything except fruits and vegeta- bles, $20 a month. A capitation tax of $1 upon each person leaving the state by any railroad, stage-coach, or any vehicle employed in passenger carrying, was also levied, and charged upon the companies engaged in such traffic, such companies adding the amount to their fares. As the coaches always were well loaded with passengers this was a fruitful source of revenue, amounting in some years to $20,000. An ad valorem tax of $1 on each $100 valuation of the product of all mines, after deducting the cost of extracting and reduc- ing the ores, was levied; and lastly a stamp-tax was imposed on agreements, affidavits, assignments, leases, bills of exchange, and almost all documents employed in business affairs of from two cents to $1, which was a source of no inconsiderable revenue. Nev. Laws, 1864-5, 271-324. The state was em- powered to issue bonds to the amount of $150,000.


27 Nev. Jour. Assem., 1864-5, 17; Nev. Jour. Sen., 1864-5, 99.


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ELECTION.


was elected on the first ballot. 28 Then followed a number of ballotings for a senator among the remain- ing candidates, Nye receiving on every one the great- est number of votes, but not enough to elect him, and De Long receiving the next greatest number. An adjournment took place, which permitted the presen- tation of informal arguments, and at the first ballot on the 16th Nye was elected. That Stewart brought his great influence to bear there can be no doubt. Nevada thereby gained a representation in the senate of which a young state might justly be proud, and which was of the greatest value to the country at large, when uncompromising republicanism was de- manded to reestablish its dignity among the nations. The presidential elector chosen to convey the vote of Nevada to Washington in 1864 was S. T. Gage.29


The term for which Worthington had been elected to congress expiring in March, it became necessary to provide a successor at the general election of Novem- ber 7, 1865. About the only issue of importance at this time, the civil war having been brought to a close, followed quickly by the tragedy at Ford's theatre in Washington, when the revengeful hand of political fanaticism struck down the most devoted and pure-


28 The newspapers accused Stewart of working himself into the U. S. sen- ate through his manipulation of 'the honest miner.' The voice of Stewart's honest miner was heard above all crying, 'Hurrah for the state of Nevada, and William M. Stewart for the first chosen senator.' Nev. Scraps. It is said that Stewart sent word to Cradlebaugh that if he would resign to him all the patronage due to Nevada's senators, his election should be secured; but Cradlebaugh refused the proposition.


29 Gage, an intense unionist, was born in Ashtabula county, Ohio, March 7, 1831. His father, Joshua Gage, a man of sterling qualities, was one the early pioneers in Ohio. Stephen, who worked during summer, and attended school in winter, began teaching upon his graduation, at the age of nineteen; teaching, farming, and conducting a saw-mill alternately up to 1852. During this year he crossed the plains with an ox-team, driving the entire distance himself, and making the quickest trip across the plains on record. In Cali- fornia he engaged in milling, mining, and merchandizing. In 1856, at the age of twenty-four years, he was elected to the legislature, being the young- est member of that body. He was one of the committee who drafted an able report on the important question of a transcontinental railroad. He held various offices up to 1860. During this and the succeeding year he en- gaged in transporting goods over the Sierra Nevada to the Washoe mines, his pack-trains being the largest on the road.


188


STATE GOVERNMENT.


minded of rulers,30 was that of the Pacific railroads, which Nevada, in common with the whole Pacific coast, very much desired to have built at the earliest possible period. On a pledge to labor for this end Delos R. Ashley was elected Nevada's representa- tive. 31


Under the constitution of Nevada, members of con- gress were chosen only at the general elections for state officers and legislators, all terms expiring on the day succeeding the next general election. The terms of those elected in 1865 expired in November 1866, and biennially thereafter.32 This provision made another election for congressman necessary in 1866, when Ashley was reelected by a majority over his democratic opponent, H. K. Mitchell, of 4,376, the issues involved in President Johnson's policy influenc- ing the vote of the people. By the same majority Blasdel was reelected governor. The changes made in the official list were J. S. Slingerland, lieutenant- governor; R. W. Parkinson controller; A. N. Fisher superintendent of public instruction; Robert M. Clarke attorney-general; and J. E. Eckley state printer.


The terms alloted to senators Stewart and Nye were four and two years. Nye drawing the two years


In 1862 he became a resident of Virginia City, where he was prominent in federal and state politics. Later, he had much to do with railroad mat- ters. He was invaluable to the Central Pacific road during the early strug- gles of that corporation. His arguments before legislative committees were logical and ingenious, stamping him as a man of marked ability.


In 1871 he removed to San Francisco. He was the only officer of the road located outside of Sacramento at that date. Later, he removed to Oakland, Cal. In 1885 he was appointed assistant president of the South- ern Pacific system of railroads.


30 It would be unjust to the Nevadans not to mention the feeling with which the news of Lincoln's assassination was received. Every town and hamlet was hung with funeral black, and the expression of men's faces plainly indicated their mingled grief and wrath. The man at Gold Hill who was bold enough to express gratification at the president's death, was summarily stripped, flogged, and marched to prison with a placard on his back inscribed 'a traitor to his country.' Gold Hill News, April 15, 17, 20, 1865.


31 There were two other republican aspirants, W. H. Claggett and Charles A. Sumner. The democratic nominee was H. K. Mitchell. Ashley's majority was 1,476. He took his seat Dec. 21, 1865. House Jour., 101, 39th cong. 1st sess.


32 Nev. Laws, 1864-5, 65; Id., 1866, 223.


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POLITICS.


term, and becoming a candidate for reelection by the legislature in January 1867, when he was returned for the six years' term commencing in March. 33 In the republican convention of September 1868 Stewart was again put in nomination for senator against De Long, who withdrew to prevent a rupture in the party, but was subsequently compensated by the position of minister to Japan, which office he filled with distinc- tion. The same convention which nominated Stewart, also nominated Thomas Fitch 34 for congressman, without opposition. Stewart was elected on the first ballot. At the state and presidential election in 1868 all the republican candidates were chosen, 3 including Fitch for congressman, with the exception of nine democratic members of the legislature.


All over the Pacific coast the close of the civil war had been followed by the reorganization of the demo- crats and their gradual return to power. It took them twenty years to become strong enough to elect a pres- ident of the United States; but for congress, and for various offices under state and territorial organiza- tions, they received the suffrages of a fearless and magnanimous people with only a little less impartial- ity than of old. In 1870 this party elected its can- didates to most of the important offices in the state of


33 The other nominees were Charles E. De Long, John B. Winters, Thomas Fitch, and Thomas H. Williams. De Long accused Nye of fraud in the ad- ministration of Indian affairs when ex officio supt, and the contest became very bitter. The legislature was compelled to take notice of accusations of corruption in the senatorial election, and appointed a committee of 5 to in- vestigate the charges. This committee reported to the legislature in special session in March that their elerk, J. V. Wheelhouse, had absconded with all the papers relating to the matter, which might very properly be construed as a confession of persistent corruption in the accused. The testimony se- eured from witnesses went to show that De Long would have been elected but for money offered by the friends of Nye, and taken by representatives Robert Cullen, J. R. Jacobs, and two others. Nev. Jour. Assem., 1867, 342-6. 34Fitch was born in N. Y. city Jan. 27, 1838. One of his ancestors was the last colonial governor of Connecticut, and another commanded the New England regiment during the French war: therefore Fitch had blue blood. He had only a common school education, however, and started out in life as a elerk in an importing house. In 1859 he engaged in journalism on the Mil- waukee Free Democrat. In 1860 he came to Cal., and 4 years afterward began the practice of law. Elliot & Co.'s Hist. Ar.z., 289.


35 The governor held over until 1870. John Day was elected sur-gen., H. R. Mighels state printer, B. C. Whitman and J. Neely Johnson sup. judges.


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STATE GOVERNMENT.


Nevada, namely, that of governor, L. R. Bradley ; lieutenant-governor, Frank Denver; treasurer, Jerry Schooling ; state printer, Charles L. Perkins ; supreme judge, John Garber; attorney-general, L. A. Buck- ner. 36 They also elected the member of congress, Charles Kendall. What is remarkable about this change of party sentiment and power is its complete- ness, the majorities on the democratic side being fully as large as they had formerly been on the republican side. Where the latter had been accustomed to have more than double the votes of the democrats, the democrats had now double the votes of the republi- cans. This change was brought about largely by the unpopularity of F. A. Tritle, the Republican candi- date for Governor, who was supposed to be a favorite of the Bank of California. This corporation having large mining and milling interests in the State, had gained the enmity of the workingmen, who raised the cry "Anti-bank," to the detriment of the Republicans.


In 1872, Nye's term drawing near its close, there entered the political arena a power greater than party, patriotism, or talent, which was money. The repre- sentatives of this world-moving lever were two men well known in connection with mines, railroads, and banks, but hitherto not notable in politics. One was William Sharon, born of Quaker parents in Ohio in 1821. Like many famous men, he had once owned an interest in a flat-boat, but failing to make it profit- able had studied law, which mental training proved useful to him in his subsequent career of merchant, speculator, banker, and railroad manipulator. Op- posed to Sharon in the race for the senatorship was John Percival Jones, a mining operator whose business it was to bull the stock market, and in which he made both money and adherents, being considered the friend of the miners, and named by the press the " Nevada commoner." The commoner now desired


36 The republican candidates elected were the sec. of state, J. D. Minor; con., W. W. Hobart; A. N. Fisher, supt of public instruction; John Day, sur-gen .; mineralogist, H. R. Whitehill; clerk of sup. court, Alfred Helm.


191


PURCHASABLE POSITIONS.


to step up higher and become a senator. It was expected that the race would be to the most bounti- ful, and, therefore, it was said that Sharon, with the Pacific railroad at his back, was endeavoring to pull down the stock market in order to disable his rival. He accused Jones of himself forcing down stocks by causing the fire in the Yellow Jacket mine, whereby several lives were lost and much damage sustained, in order to buy up the stock of Savage at a profit.31 Such was the nature of the contest. Sharon finally withdrew, and Jones had opposed to him only Nye; for there was still a republican majority in the legis- lature; but the people were pleased with their rich commoner, and no longer regarded the claims of their poorer Gray Eagle, the sobriquet applied to Nye. Jones received fifty-three out of seventy-two votes in the legislature of 1873, and took his seat in March. Nye died December, 25, 1876."


The republican candidate for congressman, C. C. Goodwin, was defeated in 1872 by Charles W. Ken- dall, reelected on the democratic ticket, but the party gained the presidential electors by over 2,000 major- ity ; also the supreme judge and state printer, the only state officers voted for. 39


The senatorial contest of 1874 was another strug- gle between men with large moneyed interests princi- pally. The democrats again chose in convention Thomas H. Williams, and the republicans William Sharon. A third, or independent, party had for its leader Adolph Sutro, who feared if Sharon should be elected it would redouble the power of the bank of California and Comstock lode, against which he was making his great fight for the Sutro tunnel. Party lines were less rigidly drawn than ever before. There


37 Jones was supt of Crown Point in 1869. He risked his life in an en- deavor to extinguish the fire.


38 Nev., Jour. Sen., 1873, app., no. 12; S. F. Call, Jan. 24 and March 29, 1873. Of republicans who aspired to the senatorship at this time were ex- Governor Blasdel aud F. A. Tritle; among the democrats there were Thomas H. Williams, Judge Garber, and Henry I. Thornton. Gold Hill News, Aug. 19, 1872; S. F. Bulletin, Dec. 28, 1876.


39 Thomas P. Hawley judge, and C. A. V. Putnam printer.


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STATE GOVERNMENT.


were some men on the independent ticket from both the other parties, but more from the democratic than the republican ticket. This insured the reƫlection of Governor Bradley, the election of Jewett W. Adams lieutenant-governor, J. R. Kittrell attorney-general, J. J. Hill state printer, and J. Schooling treasurer ; the remaining offices being given to the republicans, who also elected their candidate for congressman, William Woodburn of Storey county." The legisla- ture consisted of forty-seven republicans and twenty- eight democrats, the full number of members allowed by the constitution. There was not one democrat among the fourteen members from Storey county- all were republicans, and represented a constituency nearly all of whom were interested in the Comstock mines, which they had been told would be ruined by the Sutro tunnel. To prevent this ruin Sharon must be elected, and was elected" in January 1875, to suc- ceed Stewart, for the six-years' term, Fitch assum- ing the labor of the campaign. But to his coadjutor, Jones, was left the duty of representing the interests of Nevada. Sharon did not take his seat until Feb- ruary 1876, and was continually absent from the beginning of the session, commencing in October 1877, to January 1880,42 attending to his money mat- ters. No honor accrued to him or to the state through such representation.


The state congressional and presidential election of 1876 gave results showing the very gradual restora- tion of the ante-bellum political balance. Again the republicans obtained the presidential electors, their representative in congress, Thomas Wren, and su- preme judge, O. R. Leonard. They still had a large


40 J. D. Minor was chosen secretary of state, W. W. Hobart controller, S. P. Kelly supt of public instruction, John Day sur-gen., H. R. Whitehill mineralogist, W. H. Beatty sup. judge, Warren Earll sup. judge (short term), and C. T. Bicknell clerk sup. corut.


4] The other aspirants were H. K. Mitchell and Thomas P. Hawley.


42 Sen. Jour., 240, 44th cong. Ist sess .; Id., 6, 149, 45th cong. 1st sess .; Id., 6, 948, 45th cong. 2d sess .; I .. , 6-7, 357, 46th cong. Ist sess .: Id., 85, 912, 46th cong. 2d sess.


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NEW OFFICIALS.


majority in the assembly, but in the senate the dem- ocrats had a majority of one. A movement to call a convention to revise the constitution, and also to change the time of the beginning of the fiscal year from the 31st to the 1st of December, was set on foot by a resolution of the legislature, passed February 18, 1875, and voted upon at this election, there being a majority of 3,341 against it, and against the design of the agitators to abolish the tax on mining products. In the political canvass of 1878 this matter of refus- ing to repeal the tax on bullion was made a plank in the republican platform, but afterward withdrawn through the influence of the bonanza firm. The re- publican candidate for congress, Rollin M. Daggett, was nominated without opposition in his own party, and elected against W. E. F. Deal of Storey county, democrat. J. H. Kinkead, republican, was elected governor over L. R. Bradley, whom even his political opponents regretted to have beaten, on account of his incorruptible honor and practical judgment in affairs. 43 Every state officer on the ticket was elected, except the superintendent of public instruction and the lieu- tenant-governor, for which position R. H. Mighels, the brilliant and patriotic journalist, had been nomi- nated. His defeat was owing to the fact that he had openly advocated the cause of the Chinese, going so far as to compare them with men of Irish and Cornish birth, to the detriment of the latter, and when confront- ed with his utterances, attempted neither to explain or deny them. The regrets of his admirers were not lessened by his untimely death in 1879, which




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