USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 17
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80
"Since the adjournment of the last Legislature, the laws enacted at that and
165
HISTORY OF IDAHO
the preceding sessions, have been printed, in separate volumes, each of which has been appropriately and conveniently indexed. The publishing work has been well executed in good type and on good paper, with substantial binding, but for want of funds to pay for the work, the books still remain in the hands of the publisher at San Francisco. The embarrassment under which you must neces- sarily labor in not having these laws placed before you, is fully appreciated, as without them it is impossible that your present legislation can be performed understandingly or with as much satisfaction, either to yourselves or to your constitutents, as could be done, could access be had to these bound volumes. In fact, the statutes of the territory are in a very unsatisfactory condition.
"The financial affairs are far from being in a satisfactory condition, as may be seen by an examination of the reports of the territorial treasurer and compt- roller. The remedy suggested is in the most rigid economy and a thorough and stringent revenue law. Since all good citizens willingly pay their taxes, it is but justice to them that all should be made to assist in the burden of taxation. Could all the taxes due from citizens have been promptly collected and paid into the treasury, even at existing rates, doubtless our revenue would have been quite sufficient for all the expenditures of the territory.
"Congress has appropriated only twenty thousand dollars to pay the expenses of each session of our Legislature, including printing, laws, etc. I need scarcely call your attention to the fact that this appropriation is by far too small for the objects specified. I would recommend that a memorial be addressed to Congress on this subject."
In accordance with the governor's recommendation, a number of amendments were made to the revenue law, one of which provided for an increase of the territorial tax from seventy cents to one dollar on each $100 worth of property. The office of superintendent of schools was abolished and the territorial compt- roller was made ex-officio superintendent of public instruction. Another act relating to education authorized an issue of territorial bonds to the amount of $30,000 "for the benefit of sectarian schools," the proceeds arising from the sale of the bonds to be paid to F. N. Blanchet, the Catholic archbishop of Oregon. The bonds bore 10 per cent interest and were to be redeemed with funds derived from the sale of section 36 of the school lands. This bill, with some others, was passed over the governor's veto, and subsequently all these measures were dis- approved by Congress.
During the session there was some friction between the members of the Legislature and the territorial secretary. Says Hailey: "Some of the members were rather high-tempered and fractious, while Secretary S. R. Howlett might be put down as a would-be aristocratic, cranky, old granny." The cause of the friction is thus given in Bancroft's "History of the Pacific States":
"With a virtuous air, the Legislature demanded information concerning the amount of Federal appropriations, the money received and the correspondence with the treasury department. Howlett replied that the statement given in the governor's annual message was correct; that he found Secretary Smith to have expended $9,938 for the territory, but that he had no knowledge of any other money having been received by previous secretaries. nor had he received any, although he had applied for $27,000 on the approval of his bond for $50,000. The Legislature chose to ignore Howlett's answer and telegraphed tò Hugh
1
166
HISTORY OF IDAHO
McCulloch, secretary of the United States treasury, alleging that Howlett had refused the information sought. This brought the statement from the depart- ment that $53,000 had been placed at the disposal of former secretaries, and that $20,000 had that day been placed to Howlett's credit. This was the knowi- edge that they had been thirsting for, as it was a promise of the speedy pay- ment of their per diem."
While all this was going on, Howlett was in correspondence with the treasury department, and was somewhat incensed over the Legislature's appeal to Mr. McCulloch for the information he had either been unable to give or had pur- posely withheld. As a matter of retaliation, he advised the Washington authorities that some of the members of the Legislature had refused to take the oath of office and allegiance to the United States. The treasury department in- structed the secretary to withhold the pay of the rebellious members until they had taken the prescribed oath. When the knowledge of this order came to the members of the Legislature their indignation rose to fever heat. Resolutions were passed charging the secretary with incompetency, malfeasance in office and various other shortcomings, and demanding his removal. Howlett, claiming that he was threatened with personal violence, called upon United States Marshal Alvord for protection, and the marshal in turn called upon the military com- mander at Fort Boise, who sent a squad of soldiers and stationed them in front of the legislative halls. Chief Justice John R. McBride and Associate Justice John Cummins advised Howlett to announce that he was ready and willing to pay all that would then take the required oath. Most of the members did this the next day, received their pay, and the "tempest in the teapot" was over.
It was about this time that Congress changed the legislative sessions of Idaho from annual to biennial. This action was a great benefit to the people of the territory, as it reduced the expenses of annual sessions and gave them more time to become acquainted with the acts of one Legislature before the next one could alter or repeal them.
GENERAL CONDITIONS, 1867
Probably the references of Governor Ballard's message to agricultural prog- ress and the removal of "the prejudices that have formerly existed against Idaho as being a desirable location for permanent residence" need a few words of ex- planation. The years 1865 and 1866 witnessed great changes in many particulars. A large number of homesteads were located in the valleys along the streams in all parts of the territory. Houses were built, farms cleared and fenced, fields plowed, crops planted and irrigation on a small scale was introduced in several localities. As the settlements assumed a more permanent character, schoolhouses were erected and teachers employed for the education of the children. The Boise Basin and the Owyhee mining districts afforded a good market for farm prod- ucts, freighters and stage companies also purchased considerable quantities of grain and hay, at good prices, so that the Idaho farmer had a bright prospect before him.
The laws passed by the early sessions of the Legislature concerning public highways were beginning to bear fruit. The roads between the Boise country and the head of navigation on the Columbia River had been opened and put in
167
HISTORY OF IDAHO
passable condition, and the old Packer John trail to Lewiston had been greatly improved, though in many places its course had been altered. Roads had also been opened in other parts of the territory. Over these highways large quan- tities of goods were freighted in wagons, thus bringing to the Idaho pioneers many of the comforts and a few of the luxuries common to the older states.
Stock raising also received considerable attention during these two years. Ranges on the public domain were good, wild bunch grass growing in abundance. Large numbers of cattle and horses were driven into the southern and south- eastern counties. Stockmen found out that it was not necessary to feed range stock through the winter, especially on the low lands and foot hills, where the snow fall was not heavy and the bunch grass stood above the snow. Besides, the home market for beef was good, horses for freighting and staging were in demand, and the stock raiser was assured of good dividends on his investment. Under these conditions the year 1867 opened with every indication that Idaho had "come to stay."
ELECTION OF 1868
No session of the Legislature was held in 1867, and the election of 1868 was for members of both council and house and for delegate to Congress. For the latter office the republicans nominated T. J. Butler, founder of the Boise News, and the democrats nominated J. K. Shafer, who was elected. Mr. Shafer was a native of Virginia, but went to California in 1849. He was the first district attorney in San Joaquin County in that state and was for ten years district judge. He was a fine scholar and during his one term as delegate made a creditable record. He than went to Eureka, Nevada, and died there in November, 1876.
FIFTH LEGISLATURE
The fifth session of the Legislature began at Boise on December 7, 1868, and continued to January 14, 1869. This was the first Legislature after the act of Congress providing for biennial instead of annual sessions. All the members were new men except J. S. Taylor, who represented Nez Perce County during the fourth Legislature and was elected president of the Council in the fifth. E. T. Beatty, of Idaho County, was chosen speaker of the house.
One of the most important acts passed at this session was the one "to pro- vide for a uniform system of territorial and county revenue, and for assessing and collecting the same." The act reduced the levy for territorial purposes from one dollar to eighty cents on each $100 worth of property; defined real and personal property ; specified the duties of county assessors; constituted the board of commissioners in each county a board of equalization; authorized the commissioners of each county to fix the tax for county purposes in April of each year; and provided for the collection of delinquent taxes. The act, consisting of 115 sections, was approved on January 15, 1869, the day following the final adjournment of the Legislature. For a number of years the provisions of this act formed the basis of all tax levies and collections in the territory.
The civil code was amended in many particulars and the office of district attorney was created. The act provided that a district attorney should be elected in each organized county at the general election in 1870, to hold office for two
168
HISTORY OF IDAHO
years, act as public prosecutor, etc. Each district attorney was to receive a salary of $1,500 per annum.
The first Legislature passed an act giving $2 per day in addition to the pay fixed by the Organic Act; $2,500 additional to the governor and each of the judges, and $1,000 additional to the secretary, all these extra salaries to be paid out of the territorial funds. The fourth Legislature cut off the extra pay of the governor, judges and secretary, but the fifth restored the extra salaries. To pay the extra salaries and per diem of the members of the Legislature, the sum of $24,019.25 was appropriated. The comptroller's report for the year ending De- cember 1, 1868, showed an indebtedness of $113,102.18 and a cash balance in the treasury of $8,177.94. Under these circumstances the Legislature devoted some attention to new sources of revenue. Common carriers were divided into three classes and required to pay license fees as follows : First class, those doing a busi- ness of $40,000 or more annually, $600 per year ; second class, those doing a busi- ness of less than $40,000 and more than $20,000 annually, $400 per year; third class, all doing a business of less than $20,000 annually, but over $10,000, $200 per vear. Insurance companies incorporated by the laws of the territory were re- quired to pay a license fee of $60 per year, and those not incorporated under the territorial laws, $100 per year.
Lemhi County was created at this session, making the ninth county in the territory. Another act increased the number of members of the council to thir- teen and the number of representatives to twenty-six. The new representation was apportioned to the several counties as follows:
County
Council
House
Ada
I
4
Alturas
I
2
Boise
4
8
Idaho
I
2
Lemhi
I
I
Nez Perce
I
2
Oneida
I
I
Owyhee
2
5
Shoshone
I
I
-
Total
I3
26
By the act of January 15, 1869, the sum of $2,500 was appropriated to be given to Charles Ostner for the equestrian statue of George Washington which he had presented to the people of Idaho on January 8, 1869. Ostner came to Idaho in 1862 and was for some time in the gold mining districts. In 1864 he settled on a tract of land in the upper part of the Payette Valley. There, work- ing with ordinary tools during the winter months, he fashioned a statue out of native wood. It was unveiled shortly after the adjournment of the Legislature and now stands on the east end of the capitol grounds in the City of Boise.
PRESIDENT GRANT'S TROUBLES
Gen. U. S. Grant was inaugurated President on March 4, 1869, and one of his official duties and privileges was that of appointing officers for the territories.
CHARLES OSTNER
EQUESTRIAN STATUE OF GEORGE WASHING- TON ON CAPITOL GROUNDS, BOISE, IDAHO
This statue was carved out of wood by Charles Ostner. The three women in the foreground are Mrs. Ostner (center) with a daughter on each side
171
HISTORY OF IDAHO
On May 4, 1869, he appointed Edward J. Curtis secretary of Idaho. Mr. Curtis came to Boise soon after his appointment and some months later, when Gov- ernor Ballard returned to Oregon, he became acting governor by virtue of his office.
On March 30, 1870, the President appointed Samuel Bard as Governor Ballard's successor, but the position was evidently not to Mr. Bard's liking, as he failed to qualify and never set foot in the territory. Gilman Marston, of New Hampshire, was appointed on June 7, 1870, and he, too, declined to qualify. The President's next effort to find a governor for Idaho resulted in the selection of one Alexander H. Conner, who was appointed on January 12, 1871. No one in Idaho knows anything about Mr. Conner, for the reason, that he, like his imme- diate predecessors, probably decided that he was too big a man to waste his tal- ents on the governorship of a frontier territory. At any rate he failed to put in an appearance.
All this time Secretary Curtis was acting as governor. He was a native of Massachusetts, a lawyer by profession, who had gone to California in 1849. He was twice elected to the California Legislature from Siskiyou County, and was judge of the Court of Sessions in Trinity County for two years before coming to Idaho. He first located in Owyhee County, but upon receiving the appoint- ment of secretary removed to Boise. As secretary and acting governor he brought order out of confusion and many of the citizens would have been pleased to have him appointed governor, so he could have the honor and salary as well as the hard work. One of his acts was to take the first steps toward the establish- ment of a working state library, and his message to the Legislature of 1870-71 was one of the most practical presented to a Legislature during the territorial days.
SIXTH LEGISLATURE
The session to which Mr. Curtis delivered the message above referred to was the second biennial and the sixth since the organization of the territory. It was convened at Boise City on December 8, 1870. In the organization of the two branches, D. G. Monroe, of Owyhee County, was elected president of the Coun- cil, and W. A. Yates, of Ada County, speaker of the House. The lapse of two years since the preceding session, and the printing of the approved acts of the fifth Legislature in the Boise Democrat, had given the people an opportunity to become more familiar with the statutes of the territory. In his message Mr. Cur- tis recommended that the Legislature devote attention to the correction of incon- sistencies in existing laws rather than the enactment of new ones. In this re- spect the Legislature followed the acting governor's suggestions in a great measure and few laws of special importance were enacted during the session.
The reports of the territorial comptroller and treasurer, which were sub- mitted to the Legislature at the beginning of the session, showed a decrease in both population and assessed valuation of property. At the election in 1868 the total number of votes cast for delegate to Congress was 5,634. In 1870, when S. A. Merritt, the democratic candidate, was elected, the total vote was 4,724, a decrease of 910 votes. For 1869 the assessed valuation of property was $5,544,501.36 and for 1870 it was $3,665,705.55, a falling off of $1,878,795.81. The difference in both particulars was attributed to the decrease in the production
172
HISTORY OF IDAHO
of the mines in the central and southern portions of the territory. In the mean- time the total net indebtedness had increased from $104,924.24 on December 1, 1868, to $130,199.21 on November 30, 1870. On July 15, 1870, President Grant approved the act of Congress nullifying all the territorial laws providing for extra compensation to all Federal officers and members of the Legislature. This act proved beneficial to the territory by relieving the taxpayers of the burden imposed by such legislation and giving the territorial authorities an opportunity to apply the money formerly paid for extra salaries to the reduction of the pub- lic debt.
GRANT TRIES AGAIN
After the failure of Bard, Marston and Conner to accept the appointment and perform the duties of governor of Idaho, President Grant must have become somewhat desperate over his futile attempts to find some one willing to act as chief executive of the territory. On April 19, 1871, he appointed Thomas M. Bowen, who had formerly been a district judge in Arkansas. Mr. Bowen actually came to Idaho, but after about a week in Boise he resigned and presum- ably returned to his beloved Arkansas.
The President then allowed Mr. Curtis to continue as acting governor until October 24, 1871, when he appointed Thomas W. Bennett, of Indiana. Some one once said that an Indiana office holder may die, but he never resigns. He might have added that the Indianan never declines. Anyway, this time the appointment "took" and Mr. Bennett served as governor of Idaho for more than three years.
BENNETT'S ADMINISTRATION
Thomas W. Bennett was a native of Indiana, in which state he lived at the time of his appointment. He was educated at Asbury (now DePauw) Univer- sity, Greencastle, Ind., studied law and was admitted to the bar before the beginning of the Civil war. He enlisted as captain of an infantry company and by successive promotions became colonel of his regiment. Toward the close of the war he was brevetted brigadier-general "for gallant and meritorious conduct on the field." In 1868 he was elected mayor of Richmond, Ind., and a few months after the expiration of his term he was appointed governor of Idaho.
Governor Bennett has been described as "the most jovially reckless gentleman who ever sat in a gubernatorial chair." He was a man of the "Hail-fellow-well- met" type, his English often more forceful than elegant, as his manner of intro- ducing himself to the people of Idaho will show. A short time after he received his appointment, he alighted from the stage one evening, dusty and travel- stained, and walked down to Oldham & Taylor's saloon, about half a block above the old Overland Hotel. Several men were gathered in the saloon, but none of them had the faintest idea of Bennett's identity until he reached the bar, where he turned and asked: "Is there a son of a - here who will take a drink with the governor of Idaho?" Silence reigned for a few moments and then Joe Old- ham, one of the best-known and best-loved of the old pioneers, who happened to be present, replied: "Yes, there is one who will," and they clinked their glasses "to a better acquaintance."
173
HISTORY OF IDAHO
It was not many days until the governor knew every one in Boise "who was worth knowing," and before a month had passed he knew all the leading citizens of Southern Idaho. It must not be inferred, however, that being a "good fel- low" constituted all of the new governor's accomplishments. He was a man of intelligence, with broad views on all questions of public policy, anxious to learn the needs of the territory and to inaugurate measures for the improvement of general conditions. The result was he was respected by many who were not in sympathy with his convivial habits and deplored his association with certain in- dividuals who had little except their "good fellowship" to recommend them to his consideration, but, as an old resident of Boise, who knew him well, once expressed it-"If the governor lacked dignity at times he did not lack good sense, and with all his frailties he made a good executive." At the election of 1872 the democratic candidate for delegate to Congress was elected by an overwhelming majority. Several members of the Upper House who had been members of the Legislature in .1870 were returned to the seventh Legislature, but the House was composed entirely of new members.
HONORABLE JOHN HAILEY
John Hailey deserves more than a passing reference in a history of Idaho, because from the time of its organization as a territory he has been one of the potent factors in its development and one of the best loved of its citizens.
Born in Smith County, Tenn., in 1839, he moved to Oregon Territory in 1853. He played a prominent part in the stirring events of Oregon's history after reaching his majority and developed a wonderful capacity as a leader of men. He distinguished himself in the Rogue River and other Indian wars of that territory.
The early discoveries in what is now Idaho attracted his attention soon after they were made and in 1863, in partnership with George Ish, he operated a saddle train between Umatilla and the Boise Basin, by this means taking many of the gold seekers to the new El Dorado. After roads were constructed into the mining regions, together with Mr. Ish and under the firm name of Ish and Hailey, he began staging into Placerville from Umatilla, the latter being the point upon the Columbia River from which passengers and merchandise were disembarked for the Boise Basin country, and the firm continued to operate this stage line until the fall of 1864.
Mr. Hailey the next year took up his residence in Boise and continued in the stage and transportation business in conjunction with Hill Beechy and others on different lines extending from Boise, until 1870, when he was elected to Congress and gave his exclusive attention to the duties of the office of delegate for the ensuing two years. After his term in Congress had expired he engaged in various lines of business in Boise, but in 1878 the liking for the life of the road induced him to purchase an interest in the business of the Salisbury, Gil- mer & Company stage line and he actively operated the great stage lines centered in Boise, which covered the passenger, mail and express traffic for nearly the entire Northwest, until the advent of the railroads in the early '80s.
Mr. Hailey, with his keen business insight, saw the opportunities for profit in the sheep business of Idaho and in the late '6os brought several large bands
174
HISTORY OF IDAHO
of sheep from Oregon and grazed them in the vicinity of Boise, this being the first venture of the kind ever made in Idaho.
Mr. Hailey filled the position of delegate to the forty-third Congress in a manner satisfactory to the people of the state but refused a renomination, giving his attention to his own business affairs until 1884 when he was again drafted into the service and nominated and elected for the second time as delegate to Congress from Idaho.
Mr. Hailey prior to this had become interested in the fast developing Wood River country and the principal town of that section was named in his honor. He has filled many positions of honor and trust and has grown old in the service of the state. Upon the establishment of the Historical Society of Idaho Pioneers, Mr. Hailey was selected as the librarian, a position which he still occupies. He has created an institution that is an honor to the state. In 1910 he found time, in addition to his many other duties, to write at the request of the Legislature of the state a most excellent history of Idaho, one to which all subsequent historians and students of Idaho matters have found themselves greatly indebted. Honored by every man and woman in the state, his past great services in its development known and appreciated by all, this sturdy pioneer late in life's afternoon labors as zealously for the future of his state as he did in his early manhood, and it is hoped by all that this loved citizen, whose life connects the Idaho of the early territorial days with the great state of the present time will long live to enjoy the love, confidence and respect of his fellow citizens of the state.
SEVENTH LEGISLATURE
The seventh Legislature met at Boise on Monday, December 2, 1872, and continued in session for the forty days allowed by law. I. N. Coston, of Ada County, was chosen to preside over the deliberations of the council, and Stephen S. Fenn, of Nez Perce County, was elected speaker of the House. In his mes- sage at the opening of the session Governor Bennett did not mince matters in calling attention to the necessity for reducing public expenses. Said he:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.