USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 18
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
"Taxation, at best, is one of the heavy burdens of any people, and when it is laid recklessly and unreasonably it becomes almost unbearable and kindles a spirit of insubordination and distrust. 'Public confidence becomes weak, enter- prise dies out, and business stagnates.' And especially is this the case in a terri- tory like ours, where settlements are sparse and the people poor. That represen- tative of the people will do himself most honor who labors most assiduously to lighten, as far as possible, the demands on the pockets of the taxpayer. He cannot be a wise, patriotic legislator who acts in the interest of moneyed cor- porations, private individuals, or office holders, at the neglect and expense of the people he pretends to represent. Corporations and offices were made for the people, not the people for them. And such privileges and aid only should be granted them as will subserve, enrich and prosper the people. There is always more danger of governing a people too much than too little. A mul- titude of salaried officers are an expensive luxury that enrich the few at the impoverishment of the many. The people of this territory are poor, and 'times' with them are 'hard.' Experience has convinced me that they are a people easily governed, well disposed to obey the laws, and are very much in need of the simplest and cheapest government that can be devised, consistent with sound
175
HISTORY OF IDAHO
sense and justice. And every representative of the people who fails to use his utmost endeavors to accommodate himself to this condition of affairs will prove himself recreant to the trust imposed in him by a confiding people. I therefore submit to your candid consideration whether, in many cases, offices may not be consolidated, and in other cases entirely abolished, while in nearly all of them the fees and salaries may not be largely reduced. These fees and salaries were generally fixed at times of general prosperity, when money was plenty and prices high, and when, too, there was a great deal more labor to be performed by the officer. Now I submit whether these fees and salaries should not be made to conform to the changed condition of the people who have them to pay. The recipients of these favors of the people will doubtless ob- ject and complain, but if the people demand it, you should not shrink from the responsibility. If the object of the legislator is to foster a system of political rewards, then let it alone; but if, as I believe, the object should be to foster the interest of the people, then I urge a change. I would recommend the rais- ing of a joint committee of the two houses on fees and salaries, whose special duty for the session should be to make a careful and deliberate investigation of the fees and salaries of all the officers-territorial, district, county and pre- cinct-over which you have jurisdiction, and see which of them can be abol- ished, which of them consolidated, and which of them reduced in emolument. And, when this examination is made, let the committee report a bill, which, with its plain provisions and adequate penalties, will accomplish the will of the people. I would not be understood as intending to reflect on any officer -territorial, district, county or precinct-for, so far as I know, they are all honest men and perform their duties well; nor do I say that all are overpaid, nor that some are not paid too little, but they are all the servants of the people you represent, and if they are honest and recognize their accountability to their masters, they will not object to the closest scrutiny."
There is no doubt that the governor's emphatic language on the subject of reducing expenses had a good effect on the legislature, as several laws along the line of retrenchment, both in territorial and county expenditures, were passed during the session. The seventh legislature was more systematic in its work than any of the previous ones had been. Every measure proposed received careful consideration, and while comparatively few laws were enacted, almost all were in the interest of economy and calculated to promote the general welfare of the people.
The effects of this retrenchment were seen in a better financial showing in the next biennial reports of the comptroller and treasurer, and in a slight im- provement in general industrial conditions throughout the territory. E. D. Holbrook, while delegate in Congress, had secured the passage of bills making appropriations for a United States prison and an assay office at Boise. These two institutions were opened in 1872, a few months before the seventh legis- lature was convened, and both had a beneficial influence upon territorial affairs -the former by greatly reducing the expenses of maintaining prisoners and the latter by giving a new impetus to the mining industry.
When the campaign of 1874 came on the democratic party was in full con- trol of most of the counties of the territory and had a clear majority of the citizens of the state in its membership. In fact, it was considered that in so
176
HISTORY OF IDAHO
far as the selection of a delegate to Congress was concerned the democratic nomination was equivalent to an election. The only officer that had to be elected by the votes of all of the people of the territory was the delegate to Congress. This was a political distinction sought after by all the prominent politicians, although the delegate, while he had a seat in the Lower House of Congress, was not entitled to vote, being allowed only to participate in discus- sions. Still, being the only representative of the territory in Congress his real power was far beyond that of the ordinary member of the Lower House.
In the Democratic Territorial Convention of 1874 Maj. R. E. Foote of Boise County, Frank E. Ensign of Owyhee County, and Stephen S. Fenn, of Idaho County, were candidates. A majority was necessary for a choice but the convention remained in session nearly two weeks evenly balanced, Major Foote having exactly one-half of the votes and the other half being divided between the other two candidates. A great many of the delegates were com- pelled to leave before a nomination was made, giving authority to other mem- bers of the delegation to which they belonged to vote their proxies. The dead- lock was at last broken by the supporters of Major Foote voting for Mr. Fenn as the nominee. It was charged that this action was due to an agreement upon the part of many of the delegates who so changed their votes to support Gov- ernor Bennett in the general election, provided he would run as an independent candidate for delegate. Mr. Bennett was nominated as an independent. He had by this time become well acquaited throughout the territory and was univer- sally popular. It was thought that having renounced his party affiliations for the time being, his personal popularity would win enough democratic votes to insure his election. This possibly would have been the case, but the charge being openly made that there had been an agreement on the part of some of the members of the democratic convention to support him, many members of the party who had not been favorable to Fenn's nomination, rallied for that reason to his support, and none of the delegates who had participated in the convention was bold enough to announce his support of Governor Bennett.
The difference between the two candidates for this important position was marked. Mr. Fenn was a typical pioneer of the West, a man who had always lived on the frontier, lacking polish, perhaps, when compared with his op- ponent, but a man who looked upon life as a serious matter and highly regarded his duty as a citizen in every respect. He was a man of good judgment and sincere in his opinions concerning the needs of Idaho and the duties of its rep- resentative. Governor Bennett had the benefit of a college education, had seen a great deal of the world, was a good mixer and looked altogether upon the sunny side of life.
The campaign that followed was one never to be forgotten by the then residents of Idaho Territory. It was vigorously prosecuted not only by the two candidates but by their friends in every portion of the state. Governor Bennett, who was a finished orator, was inclined to ridicule the idea of send- ing a man like Fenn to Washington and in a speech at Silver City became un- usually facetious, describing the possible effect Mr. Fenn's presence in the national capital might have on society there. This, of course, accomplished what he had intended, and a laugh was raised at his opponent's expense, but the result was different than the governor had anticipated, for upon hearing
177
HISTORY OF IDAHO
of the utterance Mr. Fenn promptly sent Bennett a challenge to fight a duel. While there were laws in the Territory of Idaho against duelling, still no man could refuse an invitation of this kind, as a man who did not stand upon his personal honor and had neither the inclination nor the ability to defend him- self when attacked was not looked upon as a fit man to represent the people of the territory. Governor Bennett was not lacking in courage, a quality that he had shown on many a battlefield, but he realized, upon receiving the chal- lenge, that his remarks had been unwarranted and promptly apologized. The campaign was continued in a peaceful way. At the election Mr. Fenn received a considerable majority of the votes cast, but the Territorial Election Board declared Bennett elected, issued him his certificate, and he took his seat in Congress, serving most of the term. A contest was instituted by Mr. Fenn which was finally decided in his favor and he took the seat to which he had been elected, displacing Governor Bennett.
THE EIGHTH TERRITORIAL LEGISLATURE
With the exception of two members of the Upper House and one member of the Lower House, an entirely new legislature was elected in 1874. The eighth session was convened in Boise City on December 7, 1874, and adjourned sine die on January 15, 1875. E. T. Beatty of Lemhi County was elected presi- dent of the Council and Edward A. Stevenson of Boise County speaker of the House. Among the members of the Legislature were three men who after- ward became governors of Idaho. James H. Hawley was a member of the Council and Edward A. Stevenson and George L. Shoup were members of the House.
At the preceding session an act was passed authorizing the secretary of the territory to compile the laws of Idaho, both general and special, from the first to seventh sessions inclusive, the work of compilation to be completed by October 1, 1873. The act further instructed him to have 300 copies printed and distributed, provided Congress would make an appropriation to pay the expense of publication and distribution.
Edward J. Curtis, then secretary, compiled the laws according to the pro- visions of the act, but it seems that Congress failed to make the necessary ap- propriation for printing, and Mr. Curtis offered his manuscript to the eighth legislature for $3.500. This offer was accepted and the legislature ordered territorial warrants to that amount to be issued in payment therefor. Before the end of the session the members concluded that the compilation made by the secretary was not sufficiently complete and passed an act creating a board of three members, to serve without pay, to make a thorough revision. An appropriation of $1,400 was made to cover the expenses of printing, etc., and the board was authorized to include the laws enacted by the eighth session, but not all the acts of that session were included in the revision for some reason.
The County of Bear Lake was created by the act of January 5, 1875, which necessitated a new apportionment of the members of the legislature. In the new apportionment the members of the two houses were distributed among the counties as follows, the act becoming a law by limitation, without the gov- ernor's signature :
Vol. 1-12
·
178
HISTORY OF IDAHO
County
Council
House
Ada
2
5
Alturas
I
2
Bear Lake
I
I
Boise
2
5
Idaho
I
I
Lemhi
I
2
Nez Perce
I
2
Oneida
I
2
Owyhee
2
5
Shoshone
I
I
Total
I3
26
-
A new revenue law was enacted, intended to cover every phase of taxation; a lengthy habeas corpus act was passed; tree planting was encouraged by the passage of an act providing that for every acre planted with trees, not more than twelve feet apart, the owner should have $100 exempted from taxation for ten years; homesteads, including the dwelling house, etc., to the value of not more than $5,000 were exempted from forced sale in execution for any debt incurred after the passage of the act. After granting six divorces by special acts, the legislature evidently came to the conclusion that separating husbands and wives was not a legislative function and passed an act giving the district courts exclusive jurisdiction in divorce cases. The legislature of Idaho had assumed for several prior sessions the right to grant divorces and very many bills with that object in view had been introduced at the previous two sessions of the legislature, a number of divorces being granted. The evil had become a crying one and the people of the territory were well satisfied when an act was passed which gave the entire jurisdiction of proceedings of this kind to the district courts, to which it properly belonged.
Governor Bennett retained the position of governor until after the adjourn- ment of the legislature, although he had been elected a delegate to Congress. After the adjournment of the legislature he proceeded to Washington and took up his duties as a member of the Forty-fourth Congress, retaining his seat until the contest inaugurated by Mr. Fenn had, as heretofore stated, been decided against him. He then returned to the City of Richmond, Indiana, where he had previously resided, and served almost continuously as mayor of that place until his death a number of years afterward. He was at one time prominently mentioned as a candidate for Congress from that District of Indiana, an honor, however, which he declined.
THOMPSON'S ADMINISTRATION
It devolved upon President Grant to appoint a successor to Governor Ben- nett and he did this by naming David L. Thompson of Oregon. Delegate Fenn, who had not as yet taken his seat as a member of the Forty-fourth Congress, strenuously urged the appointment of a citizen of Idaho for that position, but finding it impossible so to do united his influence with that of Senator Mitchell and Mr. Thompson was named for the position.
179
HISTORY OF IDAHO
Governor Thompson was born in the State of Ohio in 1834, and came across the plains to Oregon when only nineteen years of age. He settled in Clackamas County, Ore., and soon after becoming a citizen of that territory entered the employ of the United States as a surveyor of public lands, having partially qualified himself for his professional duties in that regard before coming to the Pacific Coast. As such surveyor he ran the Oregon Base Line over the Cascade Mountains and performed many other duties in connection with his profession. In 1868 he was a senator in the legislature of Oregon, from Clack- amas County, and from 1872 to 1878 was extensively interested in mail con- tracts. It was while thus engaged that he received the appointment of gov- ernor of Idaho Territory. But his duties in connection with his mail contracts occupied most of his time and he gave but scant attention to the affairs of the territory. The fact that he was a resident of Oregon and well acquainted with conditions throughout the Northwest would probably have made him an ex- cellent governor were it not for the fact that his business affairs required his attention in another jurisdiction. The taking of the oath of office was really the most important event of his gubernatorial career, because with the excep- tion of two or three brief sojourns in Idaho his time was spent in his survey- ing work in Oregon or in the City of Washington looking after his mail con- tracts.
President Grant soon became dissatisfied with his course and was particu- larly displeased with the general rumor that Mr. Thompson still retained his interest in the United States surveys, it being charged that he was drawing two salaries at the same time, and early in July, 1876, he requested the governor's resignation, which was promptly forthcoming, and for a brief period the people of Idaho were without a chief executive, Mr. Curtis performing the dual duties of governor and secretary.
BRAYMAN'S ADMINISTRATION
On July 24, 1876, the president appointed Mason Brayman governor of Idaho. This was the seventh governor named by President Grant after his inauguration in 1869. Three of his appointees never reached the territory, one remained only about a week and another proved to be so much of a failure that the president was forced to demand his resignation.
Governor Brayman was a man well along in years and the greater part of his life had been spent among the people of the East. He failed to divest him- self of his eastern notions and adapt himself to the manners and customs of the West, and naturally rendered himself unpopular during his two years' term of office. There was more or less friction at all times between himself and the citizens of the territory. Coming into the territory on the eve of an election for delegate to Congress and members of a new legislature, he made many enemies by attempting to dictate who should be elected.
HONORABLE STEPHEN S. FENN
Stephen S. Fenn was again chosen as delegate in Congress. Mr. Fenn was a typical pioneer, a man who had passed his life on the frontier. He possessed all the virtues and but few of the vices of the old timers. His natural abilities would
180
HISTORY OF IDAHO
have made him a leader anywhere. Settling in the Camas Prairie section in the early days, he soon became prominent in all matters. A firm democrat in politics, there were but few territorial conventions in which his familiar figure was not seen. His trips were invariably made on horseback over the long road from Idaho County to Boise, and apparently he thought no more of the 300-mile ride each way than he would of an ordinary pleasure trip of a day's duration.
In the sixth Territorial Legislature, Mr. Fenn was a joint member of the House from Idaho and Nez Perce counties. He had been a member of the Upper House in the second, third and fourth sessions of the Legislature. He was elected speaker and made a most efficient officer. After serving two terms in Congress, he returned to his home at Camas Prairie and died there a few years later, mourned by every old timer in Idaho. His son, Frank A. Fenn, suc- ceeded not only to his father's abilities, but to the high regard of the people. He was elected a member of the House in the first State Legislature on the republi- can ticket, differing politically from his father, who was a lifelong democrat, and was selected speaker of the House. At the commencement of the Spanish- American war, Mr. Fenn was residing in Boise and was made captain of Com- pany H, of the gallant First Idaho. He rendered excellent service in the Philip- pines and for his services was promoted to the rank of major. He is now occupying a responsible position in the Forestry Department of the Government and is stationed at Missoula, Montana. His son, Homer Fenn, is also in that service and seemingly has inherited his father's energy and talents, promising public service equally as good as that rendered by his father and his grandfather.
NINTH LEGISLATURE
The ninth session of the Territorial Legislature began at Boise City on De- cember 4, 1876, and ended on January 12, 1877. E. T. Beatty, of Lemhi County, who had presided over the council in the eighth Legislature, was again elected to that office, and T. J. Curtis, of Alturas County, was chosen speaker of the House. · Several important laws were enacted during this session, one of which imposed a quarterly tax on all common carriers of gold dust, bullion, gold or silver coin. It seems that the general trend of public sentiment at this time was in favor of greater economy in the administration of public affairs, and to this sentiment the Legislature responded by the passage of several special acts reducing the fees and salaries of county officers in certain counties. A uniform rate for the collection of taxes was also established by another act. Previous to this time the county officers were permitted to retain out of the territorial portion of the public revenues collected whatever portion the county commissioners would allow. In some counties the officers retained as much as 45 per cent, and none less than 16 per cent. The law of 1877 gave the assessor and tax collector 6 per cent, the treasurer 3 per cent, and the auditor 3 per cent, making a uniform rate in all the counties of 12 per cent. This law effected a great reduction in the cost of assessing and collecting taxes and correspondingly increased the revenues of the territory. Another act authorized the county commissioners of each county to levy a tax, of not less than five nor more than eight mills on the dollar, on all the taxable property in the county for the support of the common schools, and also to pay all fines into the school fund.
181
HISTORY OF IDAHO
INDIAN WARS
While Governor Brayman was in office occurred the Nez Perce and Bannock wars, an account of which is given in the chapter on Early Military History. Section 2 of the Idaho Organic Act made the governor commander-in-chief of the territorial militia and superintendent of Indian affairs. Governor Brayman had served in the army and upon the Nez Perce outbreak in 1877 he prepared to assume command of the territorial militia. Apparently his position as com- mander-in-chief overshadowed all his other gubernatorial duties, and in military matters he was a veritable martinet.
A military company was organized at Placerville, with J. V. R. Witt as captain, and Fred Campbell and James H. Hawley as lieutenants. Shortly after the breaking out of the Bannock war in 1878, Campbell, who was then in command, hearing rumors that Boise was in danger of an Indian attack, went with most of his company to that place. Upon arriving at Boise, they found an attack unlikely and the officers called on Maj .- Gen. O. O. Howard, then at Boise, in command of the United States troops, and tendered the services of the company to go out with an expedition he was about to start into the Indian country, offering to serve under his orders and without pay.
Then occurred an incident mentioned at some length in ex-Governor Haw- ley's Reminiscences of Territorial Governors, made a part of Chapter XII of this history, which shows either that Governor Brayman had a very peculiar mental make-up, or that old age had impaired his faculties. It was not long after this incident that Governor Brayman "shook the dust of Idaho from his feet," leaving the territorial secretary, R. A. Sidebotham, to discharge the duties of governor. Mr. Sidebotham was a resident of Alturas County, and had served as a member of the House in the eighth Legislature and in the ninth as a member of the Council. On April 29, 1878, President Hayes made him territorial secretary and this appointment was well received by the people by reason of his being a resident of Idaho and having been a member of the Legislature, well acquainted with public affairs. His performance of his duties both as secretary and as acting governor confirmed the idea entertained by nearly every citizen of the territory that all of the territorial officers of right should be selected from actual residents of Idaho.
On August 7, 1878, President Hayes appointed John F. Hoyt as governor, but like a number of his illustrious predecessors, Mr. Hoyt did not trouble the people of Idaho with his presence and Mr. Sidebotham, much to the satisfaction of the people, continued both as secretary and as acting governor for two years before the president found an actual successor to Governor Brayman.
At the election in 1878 George Ainslie was chosen to succeed Stephen S. Fenn as delegate in Congress and his prominence for many years in the affairs of both Territory and State of Idaho make fuller mention of him proper. .
HON. GEORGE AINSLIE
Mr. Ainslie was born at Boonville, Missouri, in 1838 and grew up in that vicinity. He was a descendant of a prominent Scottish family whose members had made a historical record in the British army. He removed to Colorado shortly after admission to the bar in 1859, and practiced law there until the
182
HISTORY OF IDAHO
summer of 1862, when, attracted by the gold discoveries in the Northwest, he came to what is now Idaho and mined near Elk City, going to the Boise Basin in 1863 and engaging in the practice of Law at Idaho City. He soon took a leading part in legal affairs and in 1865 was elected a member of the Territorial Council. Although its youngest member, he was elected president of that body. From 1869 to 1873, in addition to his duties as a lawyer, he edited the Idaho World, then the only democratic newspaper in the territory. In 1874 he was elected district attorney of the second district of Idaho, an important position, which he filled most satisfactorily until his election to Congress in 1878, when he was suceeded in the office of district attorney by James H. Hawley, who had prior to that time acted as his deputy.
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.