An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 22

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524

USA > Idaho > Kootenai County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 22
USA > Idaho > Nez Perce County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 22
USA > Idaho > Shoshone County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 22
USA > Idaho > Latah County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 22

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On the other hand, the annexationists were not idle. March 19th, the citizens of Kootenai county met at Rathdrum and passed resolutions strongly favoring the union with Washington and urging the senate to pass the bill. Resolutions of similar import were like- wise adopted by mass meetings at Mount Idaho, Grangeville and elsewhere, and indeed friends and foes of the measure were intensely in earnest, both par- ties deeming success of vital importance.

On April 10th, the United States senate passed a bill by a vote of thirty to thirteen admitting to state- hood Washington territory with north Idaho attached. Both houses of congress had now expressed them- selves in favor of annexation, and it needed but their formal consent to the same bill and the signature of the president to enact the eagerly sought and bitterly fought law. But the desired concurrence was not ob- tained at the 1886 session, and delay in this instance proved fatal.

As the reader has no doubt already perceived unanimity on the annexation question no longer pre- vailed in north Idaho. The discovery of the Coeur d'Alene mines had caused an influx of Montana miners into the country, who brought with them a bias in favor of their own commonwealth. These began to advo- cate annexation of the Panhandle to Montana. Fur- thermore the desire to be identified with Washington had been fostered by the fact that that territory was striding forward at a rapid rate, owing to the impetus given it by the building of the Northern Pacific. Now, however, Idaho was itself enjoying a period of pros- perity, and its development was encouraging the hope that it might soon, if it could escape dismemberment, gain the dignity and prestige of statehood. But the sentiment was still strong as shown by the fact that in

November, 1886, Kootenai county gave one hundred and sixty-five votes for union with Washington as against twenty-six for annexation to Montana and fourteen for the maintenance of the existing order of things. Murray and Delta favored remaining witlı Idaho, and though Wardner gave Montana over two hundred votes, the rest of the county more than coun- teracted them. Nez Perces and Idaho counties were still strong in their advocacy of union with Washing- ton, but the case in 1887 certainly seemed less hopeful than it had previously. Nevertheless, on March 2d, the senate took up and passed the annexation bill which we have referred to as having been passed by the house of representatives at its previous session, and all that was now needful was the signature of the president. The people of north Idaho felt sure that this would not be withheld, as Cleveland was thought to be favorably disposed toward the measure, so the friends of an- nexation, those who had labored so zealously for it during so many years, gave themselves up to unstinted rejoicing. But the jubilation was premature, for, though Delegate Hailey, Oregon's representation, Ne- vado's delegate, Washington's delegate, and others in1- portuned Cleveland for his signature, Governor Stev- enson, of Idaho, seemed to have more weight with him than their united importunities, and the bill was "pocket vetoed."

The annexation movement was now on the wane, though its friends were still legion and much enthusi- asm in its favor was later manifested. Petitions and counter petitions were signed and forwarded to con- gress. Southern Idaho feared that if the northern counties were cut off the southern portion would be unable to support a government of any kind and would be attached to Nevada. Delegate Dubois therefore fought with vehemence against the measure, as if the life of his territory depended on its defeat. Delegate Voorhees, of Washington, aided by his illustrious fa- ther, also Oregon's and Nevada's senators, were in the fight in behalf of the project. In north Idaho senti- ment was divided, the mining region opposing annexa- tion. Both the political conventions in Nez Perces county passed resolutions favoring the union of the northern counties with Washington, and repudiating the acts of Delegate Dubois, the Republicans criticising him in scathing language. On October 15th the an- nexationists of north Idaho held at Cove, Latah coun- ty, what was said to be one of the largest mass meet- ings that ever convened in this entire section. H. E. Hall presided. Letters were read from persons in the southern portion of the state recognizing the justice of the north's position. Judge Norman Buck accepted the invitation of this mass meeting to become an in- dependent annexation candidate for delegate to con- gress, and though his candidacy was announced but ą few days before the election, he received a very con- siderable vote in the counties north of the Salmon rivr, now increased to five in number by the organiza- tion of Latah county.

But the annexation movement was somewhat em- barrassed in December, 1888, by the introduction into the house of representatives of a very popular bill, that

HISTORY OF NORTH IDAHO.

for the admission of Idaho, including the northern section, to statehood. This placed the people of north Idaho in the dilemma of giving up their annexation scheme or opposing what under ordinary circumstances they would very much desire, the admission of their territory to the Union. There were also other forces in the northwest generally which were militating against the annexation movement. The Republican victories of November assured the admission of Mon- tana, Washington and the Dakotas at the next session of congress, and it was believed that Idaho, if united, would be admitted also. The political power which Idaho's two senators and congressman would give to the northwest was very much to be desired. If north Idaho should be segregated the southern portion could not maintain a state government and the whole north- west would be so much the loser. Furthermore, the Mormon question and Nevada's ambition for more territory would probably result in the swallowing up of southern Idaho and the permanent loss of a western state. These considerations induced Senator Mitchell of Oregon, hitherto an ardent annexationist, to publicly renounce his former position and to remove his stand- ards to the opposition camp.

The Idaho legislature did much also to mollify the people of the north by granting them many liberal con- cessions, principal among which were the state tini- versity and a large appropriation for a wagon road from Camas prairie to Warm Springs, via Florence, uniting more closely the two sections of the territory. These concessions seem to have had the desired effect, for on the 22d of January, 1889, a significant event transpired. This was four days after the passage in the federal house of representatives of the Omnibus bill, providing for the admission to the Union of North and South Dakota, Montana and Washington, the last without the counties of north Idaho. The date re- ferred to witnessed a meeting in Grostein & Binnard's hall, Lewiston, for the purpose of exchanging views upon the subject of ways and means of securing state- hood for Idaho. Hon. James W. Poe was made chair- man of the meeting, and a committee on resolutions was appointed which in due time reported the follow- ing for adoption as the sense of the assembly :

"Whereas the territory of Idaho is possessed of sufficient area, resources, intelligence and population to maintain a state government and to authorize and require its admission into the Union, therefore be it

"Resolved, That we insist upon and respectfully demand of congress admission as a state into the fed- eral Union.

"Resolved, That we endorse the efforts of our dele- gate in congress, Hon. Fred T. Dubois, Senator J. H. Mitchell and Hon. William H. Springer to secure state- hood for Idaho, and to this end we earnestly petition that congress pass an enabling act at its present session.

"Resolved, That we call upon our territorial legis- lature. and our sister towns and counties in Idaho, to unite with us, by resolution and memorial, in urging upon congress immediate action in the premises."

The debate on the resolutions waxed warm and

finally ended in a division of the assembly, those op- posing statehood on account of their wish for annexa- tion adjourning to Grostein & Binnard's new hall. The number in attendance before the split was perhaps 125, and of these all but fifty withdrew. By those remaining the resolutions were adopted as a matter of course.

The opposition meeting likewise expressed itself most emphatically by resolutions, but no language it might use could be strong enough to counteract the effect of the original meeting. An anti-annexation assembly had convened in the city that had always been considered the very heart and center of the an- nexation movement. The announcement of this fact was hailed with delight by the people of south Idaho as indicating that the north had receded far from the position it had held with such singular unanimity for so many years. This action meant not only that the danger of a loss of territory was past, but that the commonwealth could hope for assistance from its every quarter in the effort to secure entrance into the federal sisterhood.

The Omnibus bill passed the senate as it had passed the house, without making provision for the annexa- tion of north Idaho to Washington. Cleveland signed it during the closing days of his administration. Wash- ington complied with its conditions and achieved the boon of statehood and the annexation question was settled at last.

There was now but one thing within the territory militating against a united campaign for admission, and that was the Mormon question. Of a population of 113,777, according to Governor Shoup's estimate, twenty-five thousand were Mormons. To the crushing out of the objectionable features in their religion the territory had set its face like flint from the earliest times. The legislature of 1884-5 passed a registry law requiring voters to take the following rigid oath :

"I do solemnly swear, (or affirm) that I am a male citizen of the United States of the age of twenty-one (21) years. (or will be the - day of 18-, (naming date of next succeeding election), that I have (or will have) actually resided in this territory for four (4) months, and in this county for thirty (30) days next preceding the day of the next ensuing elec- tion ; (in case of any election requiring a different time of residence, so make it) that I have never been con- victed of treason, felony or bribery : that I am not now registered, or entitled to vote, at any other place in this territory ; and I do further swear that I am not a bigamist or polygamist ; that I am not a member of any order, organization or association which teaches, advises, counsels or encourages its members, devotees or any other person to commit the crime of bigamy or polygamy, or any other crime defined by law, as a duty arising or resulting from membership in such order, organization or association, or which practices bigamy or polygamy, or plural or celestial marriage, as a doc- trinal rite of such organization ; that I do not, and will not, publicly or privately, or in any manner whatever, teach, advise, counsel or encourage any person to com- mit the crime of bigamy or polygamy, or any other

HISTORY OF NORTH IDAHO.

crime defined by law, either as a religious duty or otherwise; that I do regard the constitution of the United States, and the laws thereof, and of this terri- tory, as interpreted by the courts, as the supreme law of the land, the teachings of any order, organization or association to the contrary notwithstanding; (when made before a judge of election. add 'and I have not previously voted at this election') so help me God."

Much depended upon whether this "test oath" or one similar to it could be maintained in the courts. Pursuant to a proclamation issued April 2, 1889, by Governor E. A. Stevenson and supplemented May IIth by his successor, Governor George L. Shoup, a convention of seventy-two delegates met in session at Boise on July 4th for the purpose of framing a state constitution. Upon the instrument framed by them it is needless to comment here, further than to state that one of its clauses forever prohibited bigamy and po- lygamy. The Mormons claimed that this provision and the test oath were both in violation of the United States constitution which, by its first amendment, pro- hibits the passage of any law "respecting the establish- ment of religion or prohibiting the free exercise there- of." As it was a matter of great importance to determ- ine whether the distinctive provision of the constitution of Idaho would be maintained in the courts or not, a Mormon voter was arrested on a charge of conspiracy. The case was taken to the supreme court of the United States, which held: "that the term 'religion' has refer- ence to one's views of his relations to his Creator and to the obligations they impose and reverence for His being and character, and of obedience to His will. It is often confounded with the cultus or form of worship of a particular sect, but is distinguished from the latter. The first amendment to the constitution, in declaring that 'congress shall make no law respect- ing the establishment of religion or prohibit the free exercise thereof.' was intended to allow everyone un- der the jurisdiction of the United States to entertain such notions respecting his relations to his Maker and the duties they impose as may be approved by his judgment and conscience, and to exhibit his sentiments in such form of worship as he may think proper not injurious to the equal rights of others, and to prohibit legislation for the support of any religious tenets or the modes of worship of any religious sect. It was never intended or supposed that the amendment could be invoked as a protection against legislation for the punishment of acts inimical to the peace, good order and morals of society. However free the exercise of religion may be, it must be subordinate to the criminal laws of the country passed with reference to actions re- garded by general consent as properly the subjects of punitive legislation. Probably never before in the history of this country has it been seriously contended that the whole punitive power of the government, for acts recognized by the general consent of the Christian world in modern times as proper matters for prohibi- tory legislation, must be suspended in order that the tenets of a religious sect encouraging crime may be car- ried out without hindrance."

This decision removed the last internal stumbling

block in the way of Idaho's admission to the Union. However, there were difficulties to be overcome in congress. Delegate Dubois's bill was vigorously op- posed by the Democrats. who refused to support meas- utres for the admission of Idaho or Wyoming unless Arizona and New Mexico were also admitted so as to keep political powers more nearly balanced. When the admission bill came before the house of representa- tives April 3, 1890, the Democrats abstained from voting or answering to the roll call and raised the point of no quorum. Speaker Reed refused to sustain them ; the vote was taken and resulted in the passage of the bill with but one dissenting voice. The act passed the senate on July Ist, was signed by the president July 3d and Idaho, her people having adopted at the November election the constitution signed at Boise August 7th, was ready to enter forthwith upon her career as a sovereign state.

Though it is not expedient or consistent with the plan of this work that a detailed account of all railway projects to be incorporated, yet a faithful portraiture of the life and commercial activity of north Idaho's popu- lation is not possible without reference to a few of the efforts which have been made to solve the transporta- tion problem. While the Pacific Northwest was in the hands of the Hudson's Bay Company, it was con- tended by the members and employees of that corpora- tion that even a wagon road over the Rocky mountains was an impossibility. It fell to the lot of an American missionary. Dr. Marcus Whitman, to disprove this assertion. That was in 1843. Less than a decade later men of prominence in the west and railroad build- ers in the east began asking themselves whether the construction of a Pacific railroad might not prove feasi- ble. Soon after the title to Oregon territory was set- tled between the United States and the British crown, in 1846, all exploring parties under the direction of the government were charged with the task of taking in- cidental observations and securing data which might help settle this question of feasibility. In time the conviction that a road was possible became fixed : in- deed the question became rather which of several routes was the most practicable.

Before the end of the 'fifties Governor Isaac I. Stevens, of Washington territory, advanced the theory that at least three transcontinental railways would ultimately prove necessary, in the same report advocat- ing that the northern route was the one which should first be utilized. During the 'sixties active work in the construction of the Northern Pacific railroad was be- gun, and by the dawn of the 'seventies it was so far along that the west generally was feeling the benign effects of the anticipated railway connections.

The question most intimately affecting north Idaho was "where will the line cross the territory?" There appeared to be three routes open to the company, each of which had its special advantages, one through the Coeur d'Alene pass, thence via Lake Pend Oreille ; one through the Bitter Roots, by the Lolo pass, down the Clearwater and Snake rivers and by the Columbia to the sea : and one down Salmon river. A survey of this last was completed by Colonel DeLacy in the fall

HISTORY OF NORTH IDAHO.

of 1872. Several advantages were presented by it, among them that it was one hundred and fifty miles shorter than via Pend Oreille lake; that it would always be below the snow line; that it would render possible a dry and permanent road bed ; that its grade would be less and more uniform than any other ; that it would be more nearly in the latitude of Bozeman pass ; that it would draw some support from sources that would otherwise send their trade to the Union and Central Pacific or The Dalles and Salt Lake road ; that it would open a promising mineral country. On the other hand a road following this course would take longer to construct than one on the more northerly route ; its cost per mile would be much greater and for two hundred miles of the distance it woul pass through land of slight agricultural value.

The Pend Oreille route was objectionable, or supposed to be, on account of the low marshy ground over which the road must of necessity pass and on ac- count of its length. The Lolo and Clearwater route was admittedly the best, provided the pass was prac- ticable, a question which nothing but a survey could definitely answer. Several engineer corps were kept busy during the year 1872 endeavoring to solve the route problem, but before the company had made a decision the panic of 1873 came, effectually putting an end to all railway construction for the time being. Northern Pacific stock fell until it was regarded as next to worthless, and the road went into the hands of a receiver. Gradually, however, the company recov- ered itself, and by 1878 it was able to resume the work of constructing a road to the coast.

The failure of the Northern Pacific to build west in the early 'seventies had a very depressing effect upon the Northwest generally, and various were the reasons advanced for this failure by the discouraged and dis- heartened settlers. All sorts of evil motives were ascribed to the corporation, but the more intelligent, those who studied the financial situation and compre- hended the magnitude of the work to be accomplished, were disposed to view the matter in a kindlier light and to consider the company not responsible for the incon- veniences incident to the delay. Congress dealt patient- ly and generously with the corporation throughout its trials, passing in 1878 a bill renewing the land grants, which had expired by limitation. By the provisions of this act the company was to commence the con- struction of the road at or near the mouth of Snake river within nine months from the passage of the act and twenty-five miles were to be constructed eastward- ly within one year thereafter and forty miles each succeeding year, and, including the extension west- ward, one hundred miles per annum were to be con- structed somewhere on the line, after the first year ; a line was to be built around the dalles of the Columbia within two and one half years and around the Cas- cades within two years; and the company was to take all freights from above or below without discrimi- nation in rates. giving an equal chance to all freighters. In case it failed to construct a road around these barriers within the time limit, the company was to forfeit its grant down the Columbia from Umatilla.

Subsequently the law was changed so as to allow the Northern Pacific to build north to the sound.

With the rejuvenation of the Northern Pacific in 1878 the people of north Idaho again became hopeful, believing that at last the darkness surrounding them was about to be disseminated and that the sun which would pierce the gloom and again brighten the land was the Northern Pacific. They also had hopes that the line would cross the Bitter Root range and come down the Clearwater, through Lewiston, thence along the Snake river to its mouth. The Lewiston Teller was the exponent of the opinion that this was a feasible route and through its columns its public-spirited and indefatigable editor, Alonzo Leland, renewed the agi- tation of the railway question. Mr. Leland was not alone in favoring a proposition to extend to the Northern Pacific an earnest petition to again explore the Bitter Roots with a view to utilizing if possible the Clearwater route. This request was formerly presented in 1879 by the people of Lewiston and vicinity, and despite the fact that the company had made several unsuccessful explorations in search of a feasible route, the wishes of the people were complied with, the company detailing H. M. McCartney to make the sur- veys from the western slope. The expenses of this expedition were paid by several prominent citizens of Lewiston, chief among whom was John P. Vollmer, who furnished three-fourths of the sum necessary. The exploring party, accompanied by guides, spent several weeks in the mountains making observations. The perseverance and public spirit of the men who placed the expedition in the field were partially re- warded for McCartney found that the construction of a line through the Lolo pass was not an impractic- ability, though it would require much more time than was possible to give it under the time limit placed upon the company by congress for the completion of the line. This was the substance of his report and very naturally the company announced that under these cir- cumstances it would have to abandon the Clearwater route. It therefore immediately commenced the final survey of the route from the mouth of Snake river northward through the Pend Oreille pass, J. P. Voll- mer, of Lewiston, receiving the contract for furnish- ing the survey stakes.

But the people of Lewiston and many other points in north Idaho had not been convinced of the imprac- ticability of building a railroad across the Bitter Root mountains, holding that McCartney had not found the lowest pass in that range, and the activity displayed by the Oregon Railroad & Navigation Company only urged them the more in their efforts to secure a rail- road. The outcome of this feeling was the organi- zation, at Lewiston, of the Idaho, Clearwater & Mon- tana Transportation Company, composed of Alonzo Leland, Jasper Rand, I. N. Maxwell, C. A. Thatcher, C. C. Bunnell, John Brearley, A. McGregor, L. P. Brown, B. F. Morris, J. M. Crooks, W. C. Pearson, Charles E. Monteith, Joseph Alexander, Hazen Squier, William F. Kettenbach, Jerry Dorman and S. C. Hale, all residents of Nez Perces and Idaho counties. The organizers of this company freely admitted that

HISTORY OF NORTH IDAHO.

they did not possess the capital to carry out their pro- jects, the main one of which was the construction of a railroad across the Bitter Roots. They announced that their purpose was to make several surveys and if they found a feasible route to attempt to interest capital in the enterprise. And now we come to the most interesting feature of the whole Clearwater railway question.

There seems to have been a widespread impression among the inhabitants of north Idaho that a very low pass, whose existence was known only to the Indians and a few fortunate trappers, existed in the Bitter Root range. This was called the Skakaho pass and ac- cording to the meagre information passessed regarding it, was south of the Lolo. Its entrance from the Mon- tana side was impossible to distinguish and its entrance on the western slope was so hidden from man's view that only a minute examination could result in its dis- covery. As the story went, the location of this pass was a secret possessed by few but through those it had been learned that the pass was easily approached from both east and west and was perfectly feasible for railroad purposes. The Indians were said to have used it as a winter route through the mountains. All agreed that nature had succeeded well in her efforts to thoroughly hide it from the curious world.

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An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 22

Author: Publication date: 1903 Publisher: [S.l.] : Western Historical Pub. Co. Number of Pages: 1524

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524