USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 21
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
.
201
HISTORY OF IDAHO
ACTION OF CONGRESS
A copy of the constitution and the memorial adopted by the convention were forwarded to Congress at the opening of the session in December, 1889. On the ninth of that month Senator Platt introduced the bill for the admission of Idaho, accompanied by a copy of the memorial. Both bill and memorial were referred to the committee on territories. On January 13, 1890, Isaac S. Struble, a member of the House of Representatives from Iowa, introduced a similar bill in that body. This bill was afterward accepted by the Senate and substituted for the one introduced by Senator Platt.
The bill passed the House on April 3, 1890, by a vote of 129 to I, with 198 members not voting. At that time the speaker of the House was Thomas B. Reed of Maine, who inaugurated the system of "counting a quorum," when members refused to answer to their names upon roll call. After the roll call upon the Idaho bill, Mr. Reed directed the clerk of the House to read the names of those "present and not voting," which was done, whereupon he declared a quorum present and that the bill had passed. Not all those who refused to vote on the measure were opposed to the admission of the state, but declined to vote on account of what they called the "speaker's arbitrary methods."
In the Senate the bill came up for final action on July 1, 1890, and met with considerable opposition. This opposition was led by Senator Vance of North Carolina, whose principal objections to the admission of Idaho were: First, that the population of the state was not sufficient to justify the admission of two senators to the National Legislature; second, that the constitutional con- vention was held without authority of law; and, third, the constitution adopted by the convention and ratified by the people of the territory disfranchised a large number of Mormons. The bill passed, however, by a safe majority, and on July 3, 1890, it was approved by President Benjamin Harrison. Following the custom adopted years before, the next day the order was issued to add the forty-third star to the constellation on the United States flag, representing the State of Idaho.
1
IDAHO ADMISSION BILL
"An act to provide for the admission of the State of Idaho into the Union : "Whereas, The people of the Territory of Idaho, did on the 4th day of July, 1889, by a convention of delegates called and assembled for that purpose, form for themselves a Constitution, which Constitution was ratified and adopted by the people of said territory at an election held therefor on the first Tuesday in November, 1889, which Constitution is republican in form, and is in con- formity with the Constitution of the United States; and
"Whereas, Said convention and the people of said territory have asked the admission of said territory into the Union of states on an equal footing with the original states in all respects whatever, Therefore,
"Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the State of Idaho is hereby declared to be a state of the United States of America, and is hereby declared admitted into the Union on an equal footing with the original states in all re- spects whatever; and that the Constitution which the people of Idaho have
202
HISTORY OF IDAHO
formed for themselves be, and the same is hereby, accepted, ratified and con- firmed.
"Section 2. That the said state shall consist of all the territory described as follows: Beginning at the intersection of the thirty-ninth meridian with the boundary line between the United States and the British possessions; then following said meridian south until it reaches the summit of the Bitter Root Mountains; thence southeastward along the crest of the Bitter Root range and the Continental Divide until it intersects the meridian of thirty-four degrees of longitude; thence southward on this meridian to the forty-second parallel of latitude; thence west on this parallel of latitude to its intersection with a meridian drawn through the mouth of the Owyhee River; north on this meridian to the mouth of the Owyhee River; thence down the mid-channel of the Snake River to the mouth of the Clearwater River; and thence north on the meridian which passes through the mouth of the Clearwater to the boundary line between the United States and the British possessions, and east on said boundary line to the place of beginning.
"Section 3. That until the next general census, or until otherwise . provided by law, said state shall be entitled to one representative in the House of Repre- sentatives of the United States, and the election of the representative to the Fifty-first Congress and Fifty-second Congress shall take place at the time, and be conducted and certified in the same manner as is provided in the constitu tion of the state for the election of state, district and other officers in the first instance.
"The law of the Territory of Idaho for the registration of voters shall apply to the first election of state, district and other officers held after the admission of the State of Idaho. County and precinct officers elected at the first election held after the admission of the State of Idaho shall assume the duties of their respective offices on the second Monday of January, 1891.
"Section 4. That sections numbered 16 and 36 in every township of said state, and where such sections or any part thereof have been sold or other- wise disposed of by or under the authority of any act of Congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter section, and as contiguous as may be to the. section in lieu of which the same is taken, are hereby granted to said state for the support of common schools, such in- demnity lands to be selected within said state in such manner as the Legislature may provide, with the approval of the secretary of the interior.
"Section 5. That all lands herein granted for educational purposes shall be disposed of only at public sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the Legislature shall prescribe, be leased for periods of not more than five years, and such lands shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be re- served for school purposes only.
"Section 6. That fifty sections of the unappropriated public lands within said state, to be selected and located in legal subdivisions as provided in Section 4 of this act, shall be, and are hereby, granted to said state for the purpose
203
HISTORY OF IDAHO
of erecting public buildings at the capital of said state for legislative, executive and judicial purposes.
"Section 7. That 5 per cent of the proceeds of the sales of public lands lying within said state which shall be sold by the United States subsequent to the admission of said state into the Union, after deducting all expenses incident to the same, shall be paid to said state, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said state.
"Section 8. That the lands granted to the Territory of Idaho by the Act of February 18, 1881, entitled 'an act to grant lands to Dakota, Montana, Ari- zona, Idaho and Wyoming, for university purposes,' are hereby vested in the State of Idaho to the extent of the full quantity of seventy-two sections to the said state, and any portion of said lands that may not have been seleced by said Territory of Idaho may be selected by the said state; but said Act of Feb- ruary 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10.00 per acre, and the proceeds shall constitute a perma- nent fund to be safely invested and held by the state, and the income thereof be used exclusively for university purposes. The schools, colleges and univer- sities provided for in this act shall forever remain under the exclusive control of the said state, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the sup- port of any sectarian or denominational school college or university.
"Section 9. That the penitentiary at Boise City, Idaho, and all lands con- nected therewith, and set apart and reserved therefor, and unexpended ap- propriations of money therefor, and the personal property of the United States now being in the Territory of Idaho which has been in use in said territory in the administration of the territorial government, including books and records . and the property used at the constitutional convention which convened at Boise City in the month of July, 1889, are hereby granted and donated to the State of Idaho.
"Section 10. That 90,000 acres of land, to be selected and located as pro- vided in section 4 of this act, are hereby granted to said state for the use and support of an agricultural college in said state, as provided in the acts of Con- gress making donations of lands for such purposes.
"Section II. That in lieu of the grant of land for purposes of internal improvement made to the new states by the eighth section of the Act of Sep- tember 4, 1841, which section is hereby repealed as to the State of Idaho, and in lieu of any claim or demand by said state under the Act of September 28, 1850, and section 2479 of the Revised Statutes, making a grant of swamp and overflowed lands to certain states, which grant is hereby declared, is not ex- tended to the State of Idaho, and in lieu of any grant of saline lands to said state, the following grants of land are hereby made, to wit: To the State of Idaho: For the establishment and maintenance of a scientific school, 100,000 acres; for state normal schools, 100,000; for the support and maintenance of the insane asylum, located at Blackfoot, 50,000 acres; for the support and maintenance of the state university, located at Moscow, 50,000; for the sup- port and maintenance of the penitentiary, located at Boise City, 50,000 acres ; for other state, charitable, educational, penal and reformatory institutions, 150,-
204
HISTORY OF IDAHO
000 acres. None of the lands granted by this act shall be sold for less than ten dollars an acre.
"Section 12. That the State of Idaho shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act, and the lands granted by this section shall be held, appropriated and disposed of exclusively for the purpose herein mentioned, in such manner as the Legis- lature of the state may provide.
"Section 13. That all mineral lands shall be exempted from the grants by this act. But if sections 16 and 36, or any subdivision, or portion of the smallest subdivision, thereof, in any township, shall be found by the department of the interior to be mineral lands, said state is hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said state, in lieu thereof, for the use and benefit of the common schools of said state.
"Section 14. That all lands granted in quantity or as an indemnity by this act shall be selected, under the direction of the secretary of the interior, from the surveyed, unreserved and unappropriated lands of the United States, within the limits of the state entitled thereto. And there shall be deducted from the number of acres of land donated by this act for the specific objects to said state the number of acres heretofore donated by Congress to said territory for similar objects.
"Section 15. That the sum of $28,000, or so much thereof as may be nec- essary, is hereby appropriated, ont of any money in the treasury not otherwise appropriated, for defraying the expenses of said convention, and for the pay- ment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the territorial legis- latures, and for elections held therefor and thereunder. Any money hereby appropriated not necessary for such purposes shall be covered into the treasury of the United States.
"Section 16. That the said state shall constitute a judicial district, the name thereof to be the same as the name of the state and the Circuit and Dis- trict courts therefor shall be held at the capital of the state for the time being, and the said district shall, for judicial purposes, until otherwise provided, be attached to the ninth judicial circuit. There shall be appointed for said dis- trict one district judge, one United States attorney and one United States marshal. The judge of said district shall receive a yearly salary of $3,500, payable in four equal installments, on the first days of January, April, July and October of each year, and shall reside in the district. There shall be ap- pointed clerks of said courts in the said district, who shall keep their offices at the capitol of said state. The regular terms of said courts shall be held in said district, at the place aforesaid, on the first Monday in April and the first Monday in November of each year, and only one grand jury and one petit jury shall be summoned in both Circuit and District courts. The Circuit and District courts for said district, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties required to be performed by the other Circuit and District courts and judges of the United States, and shall be governed by the same laws and regulations. The marshal, district attorney and the clerks of the Circuit and District courts of said dis-
205
HISTORY OF IDAHO
tricts and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed by law to other similar officers and persons performing similar duties in the State of Oregon.
"Section 17. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the Supreme Court of said territory, or that may hereafter lawfully be prosecuted upon any record from said court, may be heard and determined by said Supreme Court of the United States; and the mandate of execution or for further proceedings shall be directed by the Supreme Court of the United States to the Circuit or District courts hereby established within the said state from or to the Supreme Court of such state, as the nature of the case may re- quire. And the Circuit, District and State courts herein named shall, respec- tively, be the successors of the Supreme Court of the territory, as to all such cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein; and that from all judgments and decrees of the Supreme Court of the territory mentioned in this act, in any case arising within the limits of the proposed state prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by law prior to admission of said state into the Union.
"Section 18. That in respect to all cases, proceedings and matters now pending in the Supreme or District courts of said territory at the time of the admission into the Union of the State of Idaho, and arising within the limits of such state, whereof the Circuit and District courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said Circuit and District courts, respectively, shall be the successors of said Supreme and Dis- trict courts of said territory ; and in respect to all other cases, proceedings and matters pending in the Supreme or District courts of said territory at the time of the admission of such territory into the Union, arising within the limits of said state, the courts established by such state shall, respectively, be the suc- cessors of said Supreme and District territorial courts; and all files, records, indictments and proceedings relating to any such cases shall be transferred to such Circuit, District and State courts, respectively, and the same shali he proceeded with therein in due course of law; but no verit, action, indictment, cause or proceeding now pending, or that prior to the admission of the state shall be pending, in any territorial court in said territory, shall abate by the admission of such state into the Union, but the same shall be transferred and proceeded with in the proper United States Circuit, District or State Court, as the case may be: Provided, however, That in all civil actions, causes and proceedings in which the United States is not a party, transfers shall not be made to the Circuit and District courts of the United States, except upon written request of one of the parties to such action or proceeding filed in the proper
1
206
HISTORY OF IDAHO
court ; and in the absence of such request, such cases shall be proceeded with in the proper state courts.
"Section 19. That from and after the admission of said state into the Union, in pursuance of this act, the laws of the United States not locally inapplicable shall have the same force and effect within said state as elsewhere within the United States.
"Section 20. That the Legislature of the said state may elect two senators of the United States as is provided by the constitution of said state, and the senators and representatives of said state shall be entitled to seats in Congress, and to all the rights and privileges of senators and representatives of other state in the Congress of the United States.
"Section 21. That, until the state officers are elected and qualified under the provisions of the constitution of said state, the officers of the Territory of Idaho shall discharge the duties of their offices under the constitution of the state, in the manner and form as therein provided; and all laws in force, made by said territory, at the time of its admission into the Union shall be in force in said state, except as modified or changed by this act or by the con- stitution of the state.
"Section 22. That all acts or parts of acts in conflict with the provisions of this act, whether passed by the Legislature of said territory or by Congress, are hereby repealed."
COMMENTS UPON TERRITORIAL GOVERNORS
Before commencing upon the events occurring after statehood in Idaho was inaugurated, it will be proper to devote a few pages to renewed reference of territorial events and more especially to the characteristics of those who had filled the highest official position in the territory.
The editor, while governor of the state in 1911, was responsible, through his suggestions to the Legislature and his efforts directed in that behalf, for an appropriation being made for the purpose of having oil paintings made of those who had filled, either by appointment or election, the office of governor of Idaho. After considerable effort, photographs were obtained of all the ex- governors who had passed away, and oil paintings were made and properly framed, of every territorial and state governor, and in 1912 hung in the gov- ernor's office in the new capitol building. This attracted considerable atten- tion, especially from representatives of the press, and at the request of the Idaho Daily Statesman, the editor wrote an article for that newspaper, giving his recollections of the territorial governors, which, although it may deserve but slight attention so far as historical facts are concerned, will give the per- sonal ideas, in any event, of the editor concerning the gentlemen who had filled such position, and we believe it will be proper to reproduce it here,-head-note and all :
IDAHO'S TERRITORIAL GOVERNORS-A REMINISCENCE
By Ex-Governor James H. Hawley
The governors of the territory, like the United States attorneys and higher judges, were appointed by the president, and until 1885, when Mr. Cleveland
207
HISTORY OF IDAHO
made a new departure in this regard and appointed Colonel Stevenson to the position, all the governors had been appointed from distant states and had been given the position as a reward for party services in other places. They came to Idaho then as strangers, totally unacquainted with the territory or the habits and customs of its people, induced as a general proposition to take the position either for the sake of the salary attached or with the hope of possible future political preferment if they became residents.
It is not surprising the gentlemen so selected had slight sympathy with the territory or its people, and that the people were equally without particular feel- ing of friendship or regard for their governors and cared little for their wishes or ideas. Besides, Idaho, until the construction of the Oregon Short Line in 1882, was to many not a desirable place of residence, being isolated so far as railroad communication was concerned. To reach its capitol required a stage ride of 250 miles over roads that, once gone over, were always remembered; and upon reaching there, the only communication with the outside world was through the slow process of the mails, there being no telegraph lines within the limits of the territory.
The long continued practice of selecting non-residents for the most im- portant territorial offices was one of the disadvantages borne by Idaho in com- mon with the other territories. The custom was absolutely indefensible, and only political exigencies and the necessity of rewarding small fry politicians, who had contributed to party success in the older states, was ever urged in its justification.
These remarks equally apply to the territorial judges, who with two ex- ceptions, until the close of the territorial days, were all appointed from other states. The salary of the judges was small, many hardships attached to the position by reason of the Supreme Court justices also acting as district judges and being compelled to travel either by stage or horseback to reach the county seats of the various counties, and it is really surprising that lawyers as intel- ligent and capable as many of our territorial judges proved to be were found to fill the positions.
The disabilities labored under by the people of Idaho in this regard are very well exemplified by an incident of the first term of court held in Boise County. The presiding judge opened the term, and as usual most of the civil cases stood on demurrer. After listening to the arguments pro and con for two days on these demurrers, the judge, so the legend goes, took them under advisement and the next day announced his decision upon them all, overruling the first demurrer and sustaining the second, and so alternating to the end of the list.
"Ned" Holbrook, one of the prominent lawyers of the early days, was par- ticularly hard struck by these rulings, and rising in his place suggested to the presiding judge that he should give the reasons upon which his decisions were based, so that the lawyers could profit by them and amend their pleadings ac- cordingly. The judge straightened himself up, and casting a withering look upon the attorney, said: "Mr. Holbrook, if you think that a man can come out here from the States and act as one of the judges of this territory on a salary of $3,000 a year, paid in greenbacks worth forty cents on the dollar, and give reasons for everything he does, you are entirely mistaken."
208
HISTORY OF IDAHO
This judicial comment applied equally to other territorial officers.
I am warned, however, if I keep rambling on in a general way in regard to past events, my space will be occupied before I reach the real text upon which I am to write. With all the governors of Idaho Territory I had some acquaintance ; very slight so far as several were concerned, but quite intimate with others. What I have to say with reference to these gentlemen must be taken as mere reminiscence, based perhaps upon imperfect recollection.
WILLIAM H. WALLACE
The enabling act creating the Territory of Idaho was approved by President Lincoln March 3, 1863. Prior to this, what is now included within the boun- daries of the state had been part of Washington Territory. William H. Wal- lace was at the time delegate to Congress from Washington. His term expired March 4, 1863, and six days later he was appointed Idaho's first governor, but did not make his appearance in the territory until July of that year.
William Daniels, who had been appointed secretary, really acted as governor. In September the republican territorial convention was held at Packer John's cabin near Meadows in what is now Adams County, and the governor so ma- nipulated matters as to secure the nomination for delegate in Congress and, in pursuance of his authority, called an election to be held in the succeeding October.
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.