History of Idaho, the gem of the mountains, Volume I, Part 20

Author: Hawley, James Henry, 1847-1929, ed
Publication date: 1920
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 910

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Prosecutions under the Edmunds-Tucker Act, by order of the Department of Justice, were actively commenced in the Territory of Idaho in 1885 and continued until statehood was accomplished, several hundred convictions being had and many found guilty of offenses made criminal under the act being sen- tenced to the penitentiary and compelled to pay heavy fines. The same con- dition prevailed to a certain extent in other jurisdictions in the intermountain

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country, where Mormon settlements existed. The authorities of the church and a majority of its members became bitterly opposed to the enforcement of any of the provisions of the Edmunds-Tucker Act and believed that a hardship was being worked upon the members of the church by the provisions of that statute. Under that law all children born of polygamous marriages were made legitimate and with that provision a great many people not members of the Mormon Church absolutely agreed that plural marriages contracted before there was any law forbidding them should also, as a matter of proper policy, have been recognized and no penalty should have been imposed against those who, having entered into plural marriage relations under such circumstances, continued to live together. Undoubtedly it was a serious hardship upon all concerned, especially upon the plural wives who had entered upon their marriage relations in absolutely good faith, to have the continuance of such relation made a serious crime, and the continued opposition of the Mormon people to the enforcement of the law against polygamy was based to great extent upon this defect in the law of the United States forbidding its practice.

EFFECT OF THE TEST OATH LAW

The Test Oath Act was strictly enforced in all the counties of Idaho where Mormon communities had been established. In order to register it became necessary to swear that the applicant did not belong to an organization that practiced or taught polygamy as a doctrinal right. As no member of the Mormon Church could so swear members of that sect were debarred from voting or hold- ing office. In many of the counties of Southeastern Idaho political control was absolutely vested in the hands of a small minority of the people. In some of these counties it became almost impossible to carry on a term of court under the law, as no member of the organization could be accepted as a juror when challenged and the matter submitted to the court. As a matter of necessity this provision was ignored in some of the counties, by a general understanding to that effect and in order that the trial of causes could be had and disputes in the courts settled. This condition of affairs continued during the remaining days of Idaho's territorial existence.

The Constitutional Convention of 1889 formulated the Test Oath Law as one of the provisions of that document and upon the adoption of the constitu- tion it thus became part of the organic law of the state. Prosecutions were continued in the United States Court for Idaho against those who had been indicted under the Edmunds-Tucker Act prior to statehood being accomplished.

President Woodruff, as the head of the church on October 6, 1890, issued a manifesto forbidding the further teaching of polygamy as a doctrine of the church. United States Judge Beatty, soon after this proclamation, recognized it in dealing with prosecutions being maintained in his court. The people of the state very generally accepted the manifesto of President Woodruff as being a finality and the members of all the political parties soon acquiesced in the idea that the ban against citizens of the Mormon faith should be removed and in the general election of 1904 these people resumed their duties as citizens and con- tinued to exercise their privileges as such from that time. The constitutional provision has never been changed, and the Test Oath Law is still in existence, but both constitution and statute are in effect obsolete. A revival of the feeling

POCATELLO IN JUNE, 1886

1889

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BOISE IN 1889

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against the Mormon people growing out of charges that polygamy was still secretly practiced by members of the church whose actions in so doing were winked at by the church authorities has since, several times occurred and the reader's attention will hereafter be called to political agitation caused by such efforts.

STEVENSON'S ADMINISTRATION

Governor Bunn was removed by President Cleveland a short time after the latter was inaugurated on March 4, 1885, and on September 29, 1885, Edward A. Stevenson was appointed governor. For the first time in the history of the territory, a resident of Idaho was called to the office of chief executive. It was one of the cardinal principles of Mr. Cleveland's democracy that the policy of appointing non-residents for territorial officials should no longer prevail. This gave great pleasure to the people of Idaho, who had long been in favor of "home rule."

Governor Stevenson was a native of New York, but left that state in early manhood for the Pacific coast. For years before coming to Idaho in 1864 he had been prominently identified with public affairs in California. Upon coming to Idaho he settled in Boise County, and soon became an active participant in every movement calculated to advance the interests of the county, and it was not long until he was known in other parts of the territory. In the eighth territorial Legislature he was speaker of the House, and in the succeeding Legis- lature was a member of the Council. His experience as a legislator gave him a thorough knowledge of the needs of the territory, and the citizens of Idaho, regardless of party affiliations, united in urging his appointment, which was secured through the influence of John Hailey, then delegate in Congress.

Upon the inauguration of President Harrison in March, 1889, Governor Stevenson was removed and George L. Shoup was appointed in his stead. The · change was made purely for political reasons and not for any failures on the part of Governor Stevenson to perform his official duties in an efficient and satisfactory manner. Mr. Stevenson continued to take an interest in public affairs and in 1894 he was nominated by the democrats as their candidate for governor. He was defeated, after a spirited campaign by W. J. McConnell and his death occurred the following year. He was prominent in Masonic circles and was three times elected grand master of the Idaho Grand Lodge. His son, Charles C. Stevenson, was city attorney for Boise in 1893-94 and died soon after his father.

FOURTEENTH LEGISLATURE

The fourteenth session of the Legislature of the Territory of Idaho began at Boise on December 13, 1886, and continued until February 10, 1887, with twelve members of the Council and twenty-four in the House. A. E. Mayhew, of Kootenai and Shoshone counties, was elected president of the Council, and William B. Thews, of Oneida County, speaker of the House.

One of the first measures to come before the Legislature at this session was the revision of the laws authorized by the preceding Legislature. The work of the commission was adopted, the laws passed by the fourteenth session to be

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included, and an appropriation of $4,000 was made for the publication of the revised statutes.

A committee was appointed to investigate the financial condition of the territory and report. Owing to the capitol building and insane asylum bonds authorized by the preceding session, the bonded debt had been increased to $146,715.16, and there were outstanding warrants to the amount of $4,877.52. The committee reported that $22,533.54 of the bonded debt which fell due on December 1, 1885, had been paid; that the capitol and insane asylum buildings had been completed and were in use; and that the cash balance in the treasury amounted to $12,651.40. The assessed valuation of property for the year 1886 was $20,090,495.77. To provide for the increased expenses the tax rate for territorial purposes was increased from 25 to 35 cents on each $100 worth of property.

SHOUP'S ADMINISTRATION

Although the citizens of Idaho regretted the removal of Governor Steven- son, they were gratified to learn that President Harrison had continued the "home rule" policy of President Cleveland in the appointment of territorial officers. On April 1, 1889, he appointed George L. Shoup, a resident of Lemhi County, as Governor Stevenson's successor, but made no change in the office of secretary, Edward J. Curtis, who had been appointed on February 12, 1885, still holding that position. A biographical sketch of Governor Shoup appears in Chapter XIII, in connection with his administration as the first governor of Idaho after the state was admitted into the Union. His administration as the last territorial governor is marked by several important events, among which were the constitutional convention, the special election for the ratification or rejection of the constitution by the people, the passage of the Idaho Admis- sion Act by Congress, and the first election of state officers. These events are all mentioned in detail in the succeeding chapters. Another event con- nected with his administration was the last session in the Territorial Legislature.

FIFTEENTH LEGISLATURE

The fifteenth and last session of the Legislature of Idaho Territory was convened at Boise on December 10, 1888, with twelve members in the Council and twenty-four in the House. J. P. Clough, representing the district composed of Custer and Lemhi counties, was elected president of the Council, and H. Z. Burkhart, of Alturas County, was elected speaker of the House.

Already the low rumblings of statehood could be heard in the distance and the governor, in his message, dwelt at some length on the subject of public finances, reporting the total debt of the territory as being $236,170, estimating the expenses of state government at $177,535 for the first year and $130,000 for the second. He also reported the public schools of the territory in prosperous condition, the amount of money received for school purposes in 1888 being $158,512.69.

A little excitement occurred at the beginning of the session over the con- tested election cases of W. H. B. Crow against H. B. Kinport, of Bingham County, and James Lyons against J. H. Kinnersley, of Bear Lake County. Crow and Lyons claimed that Kinport and Kinnersley had obtained their election to the House of Representatives through a conspiracy, by which a large number

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of Mormon votes had been cast illegally. The contest resulted in Crow and Lyons being seated. The action of the House in seating the contestants inspired the correspondent of the Salt Lake Herald to make some sarcastic remarks concerning the Legislature. In the issue of that paper for December 14, 1888, appeared an article from the Boise correspondent referring to the division of Alturas County, in which he said :

"Money has been expended to prevent such a consummation in former years, and I could very readily point to anxious statesmen with itching palms who could now be induced to swerve for even a little whisky money. * * * This Legislature is already being designated as 'the rump,' and it will probably be known and remembered for a great many years. The cloak rooms are full of empty bottles and hardly a quorum can be kept in their seats."

On the 17th George P. Wheeler, of Bingham County, introduced in the House a resolution denouncing the communication of the correspondent "an infamous lie from beginning to end; a libel upon the intelligence of the people of Idaho; a disreputable attack from a disreputable correspondent in a disreputable jour- nal;" and that the privileges of the House, including the lobby and gallery, be denied to the Salt Lake Herald or any of its agents or correspondents during the session, instructing the chief clerk to refuse all such persons access to the records and the sergeant-at-arms to eject any representative of the Herald who might enter the forbidden precincts. After some discussion the resolution, slightly modified, was adopted.

In anticipation of the early admission of Idaho to statehood, few acts were passed by this Legislature. Among the important bills enacted into laws were the following: To establish a State University at Moscow and appropriating $15,000 for grounds and plans for buildings therefor; appropriating $15,000 for improvements at the insane asylum at Blackfoot; providing for a wagon road from Mount Idaho to Little Salmon Meadows and authorizing a bond issue of $50,000 for its construction ; appropriating $14,630 for the improve- ment and fencing of the capitol grounds, and creating the counties of Elmore and Logan. An act defining the boundaries of Alturas and Bingham counties was also passed at this session. This act caused a great deal of litigation and ill-feeling among the people of Alturas County and finally resulted in the creation of Blaine and Lincoln counties in the place of Alturas and Logan. (See chapters on County History.)

The fifteenth session adjourned sine die on February 7, 1889, and a few weeks later Governor Shoup issued his proclamation calling a constitutional convention to meet at Boise on July 4, 1889. A little more than a quarter of a century had now passed since the first Territorial Legislature convened at Lewiston on December 7, 1863. During that quarter of a century the popula- tion of Idaho had increased from a few thousand, many of whom were gold seekers whose residence was transient, to a stable citizenship of nearly ninety thousand; the assessed valuation of property had grown from $3,687,304 in 1864 to $21,644,748 in 1888; over half a million acres of land had been brought under cultivation; irrigation systems that would cost millions of dollars had been projected; railroads had been built into the territory; nearly four hundred public school districts had been established, and Idaho was now ready to as sume the responsibilities of statehood.

CHAPTER XII ADMISSION TO THE UNION

IMPROVEMENTS FROM 1880 TO 1890-DREAMS OF STATEHOOD-REMARKS OF MR. DUBOIS IN CONGRESS-SENTIMENT AT HOME-THE MORMON QUESTION-CON- STITUTIONAL CONVENTION-LIST OF DELEGATES-MEMORIAL TO CONGRESS- CONSTITUTION RATIFIED BY THE PEOPLE-ACTION OF CONGRESS-FULL TEXT OF THE IDAHO ADMISSION BILL-GOVERNOR HAWLEY'S COMMENTS ON TERRI- TORIAL GOVERNORS.

On March 4, 1890, Idaho began the twenty-eighth (and as it proved, the last) year of her territorial career. During the preceding twenty-seven years, particularly the decade from 1880 to 1890, great strides had been made in the way of internal improvements, in educational progress, and in transportation facilities. That decade witnessed the completion of several lines of railway, which infused new activity into the mining industry in various parts of the territory. Irrigation projects had been inaugurated that promised to promote the agricultural interests, and in many districts highways had been opened to the market centers. Along the lines of railroad new towns sprang up as if by magic, and old towns entered upon an era of greater prosperity. In these towns better school houses were erected, newspapers were established, etc. All over the territory people began to cherish the hope that they would soon have a state government, under which they could elect their own .officials and not be dependent upon non-residents appointed by the President for the adminis- tration of their affairs.

However ardent may have been their hope in this direction, in action they were conservative. In the last session of the Fiftieth Congress, which met on December 3, 1888, and adjourned on March 3, 1889, Fred T. Dubois, then delegate from Idaho, in speaking upon the bill to admit the two Dakotas, Mon- tana and Washington, said :

"I will not at this time in this discussion insist on a recognition of the just claims of the Territory of Idaho, because it might retard the justice which I believe and hope you are prepared to mete out to our sister territories. I will please my fancy in the hope that the journey on this road of fairness to those brave and loyal people, who have been harassed and handicapped so long be-

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yond the usual probationary period of territorial government, will bring such unqualified peace and contentment to your minds that you will quickly recognize and pass upon the appeal of Idaho.

"I do not ask immediate statehood. My people do not claim admission at once. We ask an enabling act which will definitely fix a time when we can assume the responsibilities and blessings of a state. We care not what con- ditions you impose as to population or resources. It makes no difference to us whether we come in under the Ordinance of 1787, which requires 60,000 free inhabitants, or whether we are to have the ratio of representation for a member of Congress."

SENTIMENT AT HOME

There were some who were not as patient as the delegate in Congress. The last Territorial Legislature was convened at Boise on December 10, 1888. About the time Mr. Dubois was making the above remarks in Congress, J. A. Bruner, representative from Boise County, gave notice to the House that he would introduce a bill providing for a constitutional convention, and W. Y. Perkins, member of the council from Alturas County, notified that body that it was his intention to introduce a joint memorial to Congress asking for the passage of an enabling act to permit the people of Idaho to form a state government, preparatory to admission into the Union. On January 29, 1889, the council approved the joint memorial, without. a dissenting vote, and on the 4th of Feb- ruary, only three days before the adjournment of the Legislature, the special committee appointed by the council to examine the Bruner bill providing for a constitutional convention made a favorable report. But the close of the ses- sion was so near at hand that other measures crowded this bill aside and it failed to pass.

While this Legislature was in session, the citizens of Lewiston held a mass meeting and adopted resolutions, which were forwarded to the Legislature, de- manding of Congress the passage of an enabling act, and giving indorsement to Mr. Dubois and others who were working to achieve that result. It was claimed by some of the newspapers favoring admission that "the only definite opposition to statehood comes from certain representatives of the agricultural industry, who fear increased expenses without adequate compensation."

THE MORMON QUESTION

As has been heretofore shown, the majority of the early settlers in the southeastern counties of Idaho were members of the religious sect founded by Joseph Smith and usually called Mormons. Polygamy was taught and prac- ticed for many years as a doctrine of the church and many of its members took plural wives. As we have heretofore shown, laws directed against this practice in the territories were passed by Congress and at the Thirteenth Ses- sion of Idaho's Territorial Legislature the test oath law was passed. This was supplemented by additional legislation during the Fourteenth Session in 1887 regarding the registration of voters, and still another act in the Fifteenth Session disfranchising all members of the Mormon Church, who were mem- bers of that organization before January 1, 1888, unless they first made appli-

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cation to the District Court and subscribed an oath that they had in good faith withdrawn from and severed their connection "with any order, organization or association that teaches, advises, counsels or encourages its members or devotees to commit the crime of bigamy, polygamy, or any other crime defined by law, or to enter into what is known as plural or celestial marriage, etc."

This legislation was a hard blow to the 25,000 Mormons then residing in the territory and was strenuously fought, but the Supreme Court of the United States in a case appealed to that tribunal, handed down a decision on February 3, 1890, holding that the legislation complained of was "entirely within the powers granted by Congress to the Territorial Legislature."

CONSTITUTIONAL CONVENTION

On April 2, 1889, Governor Stevenson issued his proclamation calling upon the people of the territory to elect delegates to a constitutional convention to assemble in Boise City at noon on July 4, 1889, to take the preliminary steps toward the formation of a state government by framing a constitution to be submitted to Congress. The governor also defined the districts and appor- tioned the delegates, the total number of which was seventy-two. This proc- lamation failed of its purpose, as it was issued without authority of law, and under it the county commissioners in the several counties of the territory had no power to appoint election officers, or to use the public funds to defray the expenses of the election.

George L. Shoup succeeded Edward A. Stevenson as governor of the ter- ritory on the last day of April, 1889. On the 11th of May he issued a proc- lamation, somewhat different from that of his predecessor, calling a conven- tion to meet in Boise on the 4th of July. Congress had passed no enabling act, authorizing a constitutional convention, though a bill to that effect had been introduced in the lower house of Congress by Mr. Dubois on December IO, 1888, and in the Senate by John H. Mitchell, then senator from Oregon, on the thirteenth. The bill failed to pass chiefly for want of time, this being the short session, which came to an end on March 4, 1889. In calling a constitu- tional convention under these circumstances, Governor Shoup acted without definite authority. As a precedent for his action he followed the examples of Arkansas, California, Florida, Iowa, Kentucky, Maine, Michigan, Oregon, Ver- mont and Wisconsin, all of which states adopted constitutions and secured their admission into the Union without enabling acts.

The convention met at Boise on Thursday, July 4. 1889, and organized by electing William H. Clagett, one of the delegates from Shoshone County, pres- ident, and Charles H. Reed, secretary. It remained in session until the 6th of August, when a constitution was completed and was signed by the following delegates: George Ainslie, W. C. B. Allen, Robert Anderson, N. I. Andrews, Henry Armstrong, J. W. Ballentine, Orlando B. Batten, Frank W. Beane. James H. Beatty, A. D. Bevan, Henry B. Blake, J. W. Brigham, Frederick Campbell, Frank P. Cavanah, A. S. Chaney, William H. Clagett, Charles A. Clark, I. N. Coston, James I. Crutcher, Stephen S. Glidden, John S. Gray. William W. Hammell, H. S. Hampton, H. O. Harkness, Frank Harris, Solo- mon Hasbrouck, Charles M. Hays, W. B. Heyburn, John Hogan, J. M. Howe.

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E. S. Jewell, George W. King, H. B. Kinport, James W. Lamoreaux, John Lemp, John Lewis, William J. McConnell, P. McMahon, William C. Maxey, A. E. Mayhew, Henry Melder, John H. Meyer, John T. Morgan, A. B. Moss, Aaron F. Parker, P. J. Pefley, A. J. Pierce, A. J. Pinkham, J. W. Poe, Samuel J. Pritchard, Thomas Pyeatt, James W. Reid, W. D. Robbins, William H. Savidge, James M. Shoup, August M. Sinnott, Drew W. Standrod, Frank Steunenberg, Homer Stull, Willis Sweet, Samuel F. Taylor, J. L. Underwood, Lycurgus Vineyard, J. S. Whitton, Edgar Wilson, W. W. Woods.

MEMORIAL TO CONGRESS

At the close of the convention the delegates adopted a memorial to Con- gress, asserting the loyalty of the people of Idaho; that for more than twenty- six years they had yielded obedience to the Constitution and laws of the United States; that the population and resources of the territory had increased since the advent of railroads; and setting forth as their opinion that "the present system of territorial government is unrepublican and undemocratic in theory." For these, and other reasons, the memorialists asked that the liberties of the people of Idaho be enlarged and the citizens placed on a level with those of our common country. The memorial was signed by the president and secre- tary of the convention, and all the delegates who signed the constitution. An address to the people of the state asking their endorsement of the work of the convention at the election which was soon to be held was also issued by its members.

RATIFICATION OF CONSTITUTION

Section 6 of Article XXI of the Constitution adopted by the convention provided that, "This Constitution shall be submitted for adoption or rejection to a vote of the electors qualified by the laws of this territory to vote at all elections at an election to be held on the Tuesday next after the first Monday in November, 'A. D. 1889." That date was the regular territorial election and at that time the Constitution was so submitted to the people.

While the Constitution as adopted by the convention was not satisfactory to a majority of the people of the territory, it being evident from its reading that it was the result of a compromise in many important particulars and various provisions were obnoxious to the people, most of the people believed that a state government, even under a Constitution that was unsatisfactory, was pre- ferable to the territorial government then in existence. The leaders of the great political parties favored its adoption and urged upon the people in the spirited campaign of 1889 that the work of the Constitutional Convention should be ratified, and by a vote of 12,398 for, with only 1,773 against, the Constitution was adopted. The many Constitutional amendments which, since statehood was inaugurated, have been submitted to the people of the state. have demonstrated beyond a doubt that as originally presented it failed to meet the requirements of a perfect organic law and there is no doubt that in the not distant future a Constitutional Convention will again be assembled and present to the people of the state a new Constitution which will meet the needs of the increased population and resources of the state.

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History of Idaho, the gem of the mountains, Volume I, Part 20

Author: Hawley, James Henry, 1847-1929, ed Publication date: 1920 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 910

Author: Hawley, James Henry, 1847-1929, ed
Publication date: 1920
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 910