USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 19
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Mr. Ainslie served two terms as delegate in Congress with honor to himself and satisfaction to his constituents. He was defeated in 1882 when a can- didate for a third term. He then returned to the practice of his profession in Idaho City, retiring, however, by reason of ill health in 1900 and removing to Boise, where he organized the Boise Rapid Transit Company and put in opera- tion the first street railway in Idaho, the affairs of which he managed until 1904. In the meantime, with others, he installed the electrical plant at Baker City, Oregon, and was one of the main organizers of the Boise Artesian Hot & Cold Water Company, besides being interested in many other important undertakings.
Mr. Ainslie was one of the leading members of the Constitutional Convention and a member of the Democratic National Committee from 1896 to 1900. Ill health compelled his removal to California in 1906, where he died a few years later. His family consisted of his wife, formerly Miss Sallie Owen, and two daughters, the younger of which married Hon. John F. Nugent, at present one of the United States senators from Idaho, and whose only son, Lieut. George Ainslie Nugent, served in the war with Germany in 1917 and 1918 in the cred- itable manner to be expected of the descendant of a long line of soldiers and the grandson of one of Idaho's earliest and most serviceable pioneers.
THE TENTH LEGISLATURE
The tenth session of the Territorial Legislature began on January 13, 1879, and ended the 21st of February. The members of the two houses were about equally divided between the two leading political parties and some delay was experienced in effecting an organization. On the third day of the session, the republicans elected Norman B. Willey, afterwards governor of the state, as president of the Council, but the House was unable to agree until the twenty- fourth day, when J. W. Birdseye, of Lemhi County, was chosen speaker. Before his departure from the territory, Governor Brayman prepared a message for sub- mission to the tenth Legislature. A copy of this message was left with the Idaho Statesman and the editor, thinking no doubt that the Legislature would organize in the usual time, printed the message in full in the columns of the Statesman on the third day of the session. Thus the citizens of the territory were given an opportunity to read the message about three weeks before it was officially delivered.
In this message the governor called attention to a recent act of Congress reducing the number of members of the Council from thirteen to twelve, and
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the number of representatives from twenty-six to twenty-four, making a reap- portionment necessary.
With regard to the financial condition of the territory, he reported the assessed valuation of property for the year 1878 as being $4,556,834.50, the total disbursements for the years 1875-76 as $55,496.30, and for the succeeding two years 1877-78 as $87,510.49, an increase of $32,014.19 in two years. Just how the governor obtained these figures is not known, as he left Idaho several months before the message was presented to the Legislature.
NEIL'S ADMINISTRATION
John B. Neil, of Iowa, was appointed governor of Idaho by President Hayes on July 12, 1880. Finding governors for the territory was something in the nature of buying lottery tickets-sometimes a prize was drawn, but in many cases blanks were the result. Governor Neil was an improvement over most of those who had preceded him in the office, and although it was said of him: "If the possession of brains had been a crime, Neil, even if convicted, never would have served more than a jail sentence," the remark was entirely unjustifiable. He was somewhat fond of making "grand stand" plays, an instance of which was seen in the Ridgeway case.
Samuel Ridgeway was convicted of murder in the first degree in Alturas County in 1881, a few months after Neil became governor, and was sentenced to be hanged. Under the territorial regime the governor had the power to par- don persons convicted of crime, or to commute their sentences. The district attorney, James H. Hawley, after Ridgeway was convicted, discovered that there were some mitigating circumstances in connection with the case and wrote to the governor asking him to communte the sentence to imprisonment for life. Governor Neil set out for Hailey, then the county seat of Alturas County, and the evening before the execution arrived at Bellevue, five miles from Hailey, where he stopped for the night. He slept late the next morning and did not make his appearance upon the street until about nine o'clock, when some one who knew him asked if he had come over to attend the hanging. He seemed to be greatly surprised and stated that he had sent a reprieve several days before. Upon learning that it had not been received by the sheriff, he jumped into a hack bound for Hailey and requested the driver to get to the jail as quickly as possible. Arrangements for the execution in one of the gulches near Hailey had been completed and the hanging was to take place at ten o'clock. When the governor just a few minutes before ten arrived at the jail he found a conveyance waiting to convey Ridgeway to the place of execution, and with a theatric air stopped the execution, reprieving the condemned man for two weeks. Before the expiration of that time the sentence was commuted to life imprisonment. The governor always claimed that he had really sent the reprieve by mail and that it was afterward returned to him from Ogden, Utah.
ELEVENTH LEGISLATURE
The eleventh Territorial Legislature was convened at Boise on December 13, 1880, and continued in session until the 10th of the following February. John Hailey, representing Ada and Washington counties, was elected president of the Council, and E. B. True, of Idaho County, speaker of the House.
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A complete revision of the code of civil procedure was passed at this session. The greater part of the work of compiling this code was performed by Richard Z. Johnson and John S. Gray. The former was a member of the Council and the latter of the House and they had done most of their work before the begin- ning of the session, but the members had such justifiable confidence in their ability that the compilation made by them was accepted and enacted into law with very few amendments.
The treasurer of the territory reported that the tax levy of 75 cents on the $100 was bringing in more revenue than was necessary for current ex- penses and payment of interest on the bonded debt, and an act was passed reduc- ing the levy to 40 cents.
Other acts of the session provided for creating the Boise City independent school district ; authorized the commissioners of Ada County to erect a court- house and jail; to regulate the sale of opium and prevent the smoking of the drug; and to regulate the distribution of water for irrigation purposes. Another act imposed a license upon insurance companies, the proceeds to be used for the benefit of the common schools, and a number of other important laws were enacted.
Previous to this session the term was limited to forty days, except the first session. A short time before the assembling of the eleventh Legislature, Congress passed an act extending the period to sixty days, believing that the growing importance of the industries and institutions of the territory required more time for the consideration on laws enacted in their interest.
TWELFTH LEGISLATURE
On monday, December 11, 1882, the twelfth Territorial Legislature assembled at Boise. The Council organized by electing E. A. Wall, representing the district composed of Alturas and Boise counties, president of the Council, and D. W. Fouch, of Ada County, was chosen speaker of the House. This session adjourned sine die on February 8, 1883. In his message at the opening of the session, Governor Neil gave the assessed valnation of property as $9,108,- 450, an increase during the preceding two years of over $2,700,000. The bonded indebtedness at that time was $69,248.60, with a cash balance in the treasury of $41,816.94. Upon the subject of territorial finances the governor made some wise suggestions to wit:
"The excellent credit of the territory and the high rate of interest these bonds are drawing, make them a desirable investment, and it is not likely the holders could be induced to part with them prior to the date when they mature, unless a very considerable premium should be offered. With the large surplus on hand it seems to me it is worth while to make an effort to cancel a portion of the bonded indebtedness of the territory. I therefore suggest the wisdom of authorizing the comptroller to purchase all of the bonds that the fund on hand will justify his calling in, provided it can be done in a way to effect a reasonable saving to the territory. In case of failure to utilize the surplus fund in the above manner, provision should be adopted to dispose of it in a way which would result advantageously to the territory. The creation of a sinking fund for the redemption of the bonds due December 1, 1885, would be an eminently proper disposition to make of a portion of this surplus. While
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it does not appear necessary for the Legislature to make provision for the redemption of the bonds due in 1891, still I think it would be wise to provide a method whereby any surplus, which may hereafter accumulate in the treasury, may be invested in a way to secure to the territory a revenue therefrom. The balance of the surplus in the treasury, after making provision for certain special purposes, should be used in the payment of current expenses for the next two years."
A considerable portion of the message was given to the discussion of the necessity for a law suppressing polygamy. The governor urged legislation to promote the interest of the public school system, explaining somewhat in detail the character of the laws to be enacted. In accordance with his recommenda- tions upon this subject a comprehensive school law was passed.
One important act of this session was that requiring county auditors to transmit annual reports, under oath, to the comptroller, of the financial con- dition of their respective counties. The territorial tax was reduced from forty to twenty-five cents on each hundred dollars of valuation; an appropriation of $3,000, or so much thereof as might be necessary, for the support of poor emi- grants in and around Boise City ; and an act providing for the registration of voters and preventing fraud at elections was also passed.
Shortly after the adjournment of this Legislature, Governor Neil retired from the office and returned to Iowa. During the two and a half years that he was governor there were no scandals of any kind connected with his administra- tion, and many of the citizens were sorry to see him leave the territory.
IRWIN'S ADMINISTRATION
Following Governor Neil came a governor whose stay was short, and the story of his administration, if such it is entitled to be called, is soon told. John R. Irwin, an Iowa man, was appointed by President Arthur on March 2, 1883. Mr. Irwin came to Idaho, qualified as governor, and then spent about thirty days visiting various portions of the territory. A man of strong person- ality, he made a good impression upon those whom he met, but after his tour of inspection he went away on a leave of absence and never returned. It is worthy of note, however, that he presented no claim for salary for the brief period he held the title of governor-an action decidedly in contrast with the course of most territorial governors, who were wont to take all they could and hold fast all they got.
GOV. WILLIAM M. BUNN
On March 26, 1884, William M. Bunn was appointed governor by Pres- ident Arthur and arrived in Idaho soon after his appointment. He was a resident of Philadelphia, Pennsylvania, where he had been associated with one of . the leading newspapers in an editorial capacity and was a writer of considerable ability and experience. Being a man of fine appearance and faultless in his dress, he soon acquired the reputation of being a "dude," and seemingly he deserved the appellation. Governor Bunn, during his residence in Idaho, made a few firm friends, but his arrogance and egotism kept him from being popular with the masses of the people.
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THE THIRTEENTH TERRITORIAL LEGISLATURE
Only one session of the Legislature, the thirteenth was held while Mr. Bunn was governor. Some practical suggestions were made in his message, but his dictatorial manner in dealing with the members so incensed them that they gave but slight attention to his recommendations, although for the first time in Idaho's history there was a republican majority in each branch of the Legislature. The thirteenth session began on December 8, 1884, and ended February 5, 1885. Charles A. Wood, a prominent lawyer of Lemhi County, was elected president of the upper house and D. W. Fouch, of Ada County was again elected speaker of the house.
For several years prior to the convening of the thirteenth session of the Legislature Idaho had been constantly increasing in population and the financial condition of the territory had greatly improved. Feeling that the improved conditions justified the expenditure of what was then considered a large sum for a Capitol building, an act was passed by the Legislature and approved by the governor authorizing the issue of bonds in the amount of $80,000.00 for the erection of a capitol building, and at the same time bonds to the amount of $20,000 were provided for, the proceeds of which were to be used in the erection of an asylum for the insane at Blackfoot, in Bingham County.
The question of further revising the statutes of the territory was one of the important matters that came before the Legislature. An act was passed authorizing the governor to appoint three commissioners to make the revision and submit the results of their deliberations to the next Legislature. Governor Bunn wisely appointed as members of that commission Henry Z. Johnson, John S. Gray and E. G. Prickett, all of them prominent members of the legal pro- fession. Judge Prickett died soon after the appointment was made and J. H. Beatty, afterward United States District Judge for Idaho, was named to fill the vacancy.
Another important act of this Legislature was the creation of the office of attorney general. Prior to this time the state had been divided into three districts and a district attorney biennially elected in each of these districts. It was the duty of such district attorneys to prosecute all criminal cases arising under the statutes of the territory, to advise county commissioners and county officers in all of their dealings, to attend to any civil business in which counties in their districts might be interested, and to follow all cases of a public nature, both criminal and civil appealed to the Supreme Court of the territory and appear in behalf of the people in that court. Upon the creation of the office of attorney general a salary of $2000.00 was fixed as the annual compensation, and D. P. B. Pride, Esq., then Secretary of the territory, was made the first incumbent of the office.
Bingham County was created at this session, under an act passed January 13. 1885, and the county seat of the new county fixed at Blackfoot. Prior to the creation of this county, all of Southeastern Idaho was embraced in Oneida and Bear Lake counties. At the request of the governor, the name of Bingham was given to the new county, in honor of General Bingham of Pennsylvania, a personal friend of the governor's, but a man who had not been connected in any way with Idaho or its previous history. A reapportionment
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of the members of the Legislature was also made at this session and the amount of bond to be required of county officers was fixed by law.
Independent school districts were authorized to be created in the various counties of the territory so desiring, with power to issue bonds under certain restrictions for building schoolhouses.
ANTI-MORMON LEGISLATION
The most important measure passed at this session, however, was the enact- ment of the Test Oath Act as an amendment to the election laws of the state. While this law was not, upon its face, directed at any particular religious sect, it was universally understood that it was intended to apply to members of the Mormon Church.
This law in effect deprived any member of the Mormon Church, by reason of polygamy being recognized as a doctrine of the church, of the right of suffrage and made them ineligible to hold office of any kind or to serve as jurymen when challenged for that cause. The drastic provisions of the law were upheld by the courts and by reason of it the Mormon people for a number of years were disenfranchised and deprived of participation in the political affairs of Idaho. This peculiar legislation and the many serious consequences following its enactment, justify and even make necessary a review of the causes leading up to the passage of the law.
Any history of any of the intermountain states necessarily includes extended reference to the religious sect generally called the Mormons. This religion was founded in the State of New York by Joseph Smith, Jr., in 1830. In 1831 he had gathered around him several hundred converts and with them located in Jackson County, Missouri. Continual trouble with their neighbors caused the members of the faith in 1838 to leave that section and they relocated in Hancock County, Illinois, and there founded the City of Nauvoo. Under the organiza- tion of the church, various ecclesiastical officers were created, the head of the church being its president and prophet, and his main assistants consisting of a Council of Apostles twelve in number.
In 1844 President Joseph Smith and his brother Hyrum, who was one of his main assistants in the government of the church, were arrested for alleged infractions of the law and placed in the county jail at Carthage, Hancock County, Illinois, where they were murdered by a mob that attacked the jail and overpowered the guard.
Dismayed, but not discouraged by the death of their leader, the Mormons selected as president and prophet to succeed Joseph Smith, Brigham Young, who proved one of the most remarkable men of the Nineteenth Century. A native of New York, born in 1801, he was converted to Mormonism in 1831 and in 1835 chosen as one of the twelve apostles of the church. His great abilities as an organizer soon found recognition and upon the death of Joseph Smith caused him to be unanimously chosen his successor.
Realizing from the first that the Mormon people would find it almost im- possible to live in amity with neighbors belonging to other religions, and inspired with the hope of building up a powerful religious organization which would dominate the section in which its headquarters were established, President Young conceived the daring idea that in the valleys of the intermountain
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section of the Far West, far from any settlements, and where seemingly for decades they would not be disturbed except by savage neighbors, a settlement of the Mormon people could be established which in a few years would be absolutely self-sustaining and independent and the membership of which would be constantly recruited through the efforts of missionaries of the sect preaching its doctrines in the older states and in the countries of Europe, whose converts would join the organization in the Far West.
In accordance with this bold thought, Brigham Young in 1846 made investiga- tion of that section of the Far West in the vicinity of the Great Salt Lake. and in 1847 led his followers across the almost unknown "Plains" and after suffering almost unbelievable hardships and undergoing toils and dangers which could only have been conquered by an indomitable will and untiring energy, finally reached the beautiful and apparently fertile valley between the Wasatch Mountains and the Great Salt Lake, where they founded Salt Lake City a place which since that time has been recognized as the Capital of the intermountain region.
Other followers of the new religion continued to pour into the promised land and in 1849 an attempt was made by President Young to organize the State of Deseret, but the United States refused to recognize the state, organizing instead the Territory of Utah and appointing Brigham Young its first governor, a position which he retained until 1854.
The discovery of gold in California in 1848 seriously interfered with the original ideas of President Young and the other leaders of his church in regard to building up an isolated community wherein the church of which he was the head would have supreme control. Thousands of gold seekers, bound for California, crossed the plains during the next few years and Salt Lake City became one of the resting places of their journey.
One of the dominant ideas of President Young after having made the original settlement at Salt Lake City was to send pioneers into the other valleys of the intermountain region and therein establish colonies composed of members of his church. Himself and his followers had soon appreciated the necessity of irrigating the land upon which they settled and they devised proper methods of so doing. Inquiries were constantly carried on to ascertain new points at which to make settlements and not only were settlements soon established in the valleys of Utah, but they were extended to various points in what is now Nevada, Arizona, Wyoming and Idaho. It will be remembered from previous reference made that the first real settlers of Idaho composed the Mormon colony that went into the Lemhi Valley in 1856 and those who settled in the vicinity of Franklin in 1860.
As has usually been found in the establishment of new religions, women con- stituted the majority of the converts made. This was undoubtedly one of the reasons that prompted President Young in 1852 to promulgate what he termed "The celestial law of marriage" which he declared had been revealed to Joseph Smith nine years before. Under this new doctrine in regard to celestial mar- riage, polygamy was recognized and the members of the church were authorized to take plural wives, the consent of the first wife, however, being necessary before such plural marriage could be celebrated. An overwhelming majority of the membership of the church accepted this doctrine and many plural marriages
.
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were entered upon. The leaders especially took numerous wives. A small minority of the members of the church refused to accept polygamy as a divine revelation and denied its authorization by Joseph Smith. This caused a schism in the church, those refusing to accept the doctrine, although they belived in all other tenets of the faith, being designated as "Josephites."
The practice of polygamy authorized as it was in Utah by the doctrines of the dominant church, whose members included practically all of the people of the territory, and recognized by a failure on the part of the Legislature of the territory to declare it unlawful, naturally caused considerable discussion when the attention of the country was called to the practice, and ir. 1862 the Congress of the United States passed an act forbidding the practice, but it was twenty years later before any serious measures were adopted for its prevention and Congress by the passage of the law generally known as the Edmunds-Tucker Act made polygamy and unlawful cohabitation, crimes punishable by fine and imprisonment. In 1884 the constitutionality of this law was established by a ruling of the Supreme Court of the United States, to which the matter had been appealed, and it became the settled policy of the Department of Justice to proceed against persons guilty of these offenses. It is proper in this con- nection to state that the jurisdiction of the United States over offenses of this kind was confined to the territories, the several states having exclusive juris- diction over such matters within their own jurisdictions.
Prior to the pasage of the act forbidding polygamy there was no law in Utah making it a crime and the communities in which it was practiced in other territories being almost entirely settled by persons who were members of the Mormon Church, its punishment became practically impossible, even where the laws of such territories made the practice criminal.
Under the practice prevailing in all of the territories, district courts were held by judges appointed by the president, whose duty it was, in addition to forming a part of the Supreme Court which met at certain intervals, to preside over the district bench and enforce civil and criminal laws of the territory. In addition to the jurisdiction conferred upon the district courts as Territorial Courts, they had jurisdiction as well over offenses against the United States and in each of the three judicial districts of the Territory of Idaho, as in other territories, in one particular county, terms of court were held during which grand juries were impanelled for the purpose of indicting offenders charged with violation of the laws of the United States, and trials were had by special juries chosen under the United States laws .and summoned by the United States Marshall of the jurisdiction to try such causes. Blackfoot, the county seat of Bingham County, was designated, after the formation of that county, as the place where United States business was to be transacted in the Third Judicial District of Idaho, which district comprised the entire Southeastern part of the state.
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