USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 31
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HISTORY OF IDAHO
Mr. Hawley was married at Quartzburg, in Boise County, in 1875 to Mary E. Bullock, and eight children were born to them, of whom six survive. Edgar T., his oldest son, is a veteran of the Philippine war and served as a captain in the aerial service in the war with Germany; Jess B., his second son is his father's partner in the law business and was prominent in patriotic work dur- ing the late war; his third son, James H., Jr., was a first lieutenant in the in- fantry, and Harry R., the youngest, a sergeant in the field hospital corps during the late war. His oldest daughter is married to Reilly Atkinson, Esq., and his youngest to E. W. Tucker, Esq., both prominent business men of Boise.
ELEVENTH LEGISLATURE
Governor Hawley was inaugurated on January 2, 1911, and the same day the eleventh session of the State Legislature was convened at Boise with Lieu- tenant-Governor Lewis H. Sweetser as president of the Senate, and Charles D. Story, of Ada County, speaker of the House. On the third the governor's message was delivered to a joint session of the two houses.
"The defects, omissions, contradictions and absurdities of our state consti- tution," says the message, "have since its adoption, been a continual source of regret to our citizens and doubt to the legal profession. * * * A constitu- tional convention must be called in the near future. I do not recommend action to be taken at the present session, but believe it proper to call the attention of our people to this subject, so that future action can be carefully considered be- forehand."
Section 2, Article III, of the constitution as originally adopted provided that the number of senators should never exceed twenty-four and the House of Rep- resentatives should never exceed sixty members. The erection of new counties, entitled to representation in the Legislature, made it inexpedient to adhere strictly to the provisions of the constitution, and the governor recommended an amendment giving to each county one senator and increasing the number of members of the House as might become necessary, "but not to exceed some certain stated number." An amendment of this nature was ratified by the voters at the general election in 1912.
The governor also recommended a thorough revision of the revenue laws and the enactment of a law authorizing a revenue law commission; with an appropriation sufficient to enable that commission to investigate thoroughly the sources of revenue, etc. Other recommendations relating to state finances were the curtailment of the bonding power of the state, with a view to its ultimate abolition ; a fixed tax for the maintenance charges of state institutions, so that no legislation therefor would be necessary except for the purchase of additional lands or the erection of new buildings; and that a purchasing agent for the state be appointed, no other officer or agent having the power to purchase sup- plies, except in cases of perishable goods, etc.
The message also called attention to the overcrowded dockets in certain judicial districts and recommended a constitutional amendment increasing the term of district and probate judges to six years, the election of a non-partisan judiciary, and that an additional judge be authorized in each of the second, third and fourth judicial districts to relieve the congested condition of the dockets therein.
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HISTORY OF IDAHO
A considerable portion of the message was devoted to the discussion of the state educational institutions; the state land office and the irrigation projects under the Carey Act ; and the subject of forest fires was presented to the Leg- islature for consideration. The Sunday rest law passed by the preceding Legis- lature came in for some criticism, "because of its ambiguity and partiality," and its repeal was recommended, leaving the entire matter to the municipal authorities. The governor likewise recommended constitutional amendments giving to the people of the state the initiative and referendum in matters of legislation and the right to recall inefficient or unfaithful officials, and suggested certain amendments to the primary election law passed by the tenth Legislature.
The eleventh legislative session continued until March 4, 1911. During the session Adams, Bonneville, Clearwater and Lewis counties were created; Thanks- giving, general election days and October 12th were declared to be legal holi- days; a prison labor commission was created and its duties defined; the bank- ing laws were revised and the office of state bank commissioner was established ; the commission form of government was given to cities having a population of 2,500 or more in a long act of seventy-seven sections; the revenue law was revised; the primary election law was amended in several important particulars ; and the following bond issues were authorized :
State capitol building. $ 750,000
North Idaho Insane Asylum. 35,000
Two bridges over Salmon River
22,500
Six bridges over Snake River
52,500
School for deaf, dumb and blind
30,000
University administration building
75,000
Industrial Training School.
33,000
Idaho State Sanitarium
25,000 .
Soldiers' Home
13,000
Penitentiary
30,000
Public highways
97,500
Total
$1,163,500
Eight constitutional amendments were submitted to the people, to be voted on at the general election in 1912, to wit: I. Reserving to the people the power to propose and enact laws at the polls independent of the Legislature-the in- itiative. 2. Reserving to the people the power to approve or reject laws passed by the Legislature-the referendum. 3. Limiting the state debt to $2,000,000, "except in case of war, to repel invasion or suppress insurrection." 4. Giving each county one senator and limiting the house of representatives to three times the number of senators. 5. Providing that "every public officer in the State of Idaho, excepting judicial officers, is subject to recall by the legal voters of the electoral district from which he is elected." 6. Repealing Section 3, Article XIII, relating to the manner in which convicts shall be employed. 7. Revising the provisions relating to the State Board of Education. 8. Providing for biennial elections for county officers and prescribing the officials for each county.
This Legislature provided for an increase in the salary of the librarian of the State Historical Society to $1,200 and the employment of an assistant librarian at a salary of $600 per annum. By the act of February 7, 1911, the sum of
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HISTORY OF IDAHO
$12,000, "or so much thereof as may be necessary," was appropriated for the purchase of certain lands formerly within the Coeur d'Alene Indian reservation, for a state park, to be known as "Heyburn Park." Near the close of the ses- sion the following House Concurrent Resolution was adopted :
"Whereas, on the 16th day of October, 1811, the Hunt party, sent out by the foremost citizen of his day, John Jacob Astor, camped at what was then known as Caldron Linn, now the present site of the Town of Milner, and
"Whereas, this point has since become most notable in the irrigation history of the state; now, therefore, be it
"Resolved, That Monday, October 16, 1911, be set apart as a day of cele- bration in commemoration of the first journey of citizens of the United States through the Snake River Valley, said day to be known as 'White Man's Day' and the officers of the state are hereby requested to take part in such ceremonies as may take place in said Town of Milner on said day, and the governor of this state is requested, in case he deems it proper, to invite the descendants of John Jacob Astor, or such of them as may express a desire to be present on said day, to be present at said time and place and take part in the ceremonies."
The adoption of the resolution was the extent of the celebration of the an- niversary, however, as none of the state officers visited Milner on the date specified, nor were any of the Astor descendants present.
WESTERN GOVERNORS' SPECIAL
Early in the fall of 1911, Ex-Governor James H. Brady and Reilly Atkin- son, of Boise, conceived a novel idea of advertising the resources and possibili- ties of the Northwest by running a special train from the northwestern states to the eastern part of the country, to exhibit the products of those states and disseminate information for the purpose of encouraging immigration. They en- listed the cooperation of Louis W. Hill, president, and James Hill, chairman of the executive committee, of the Great Northern Railroad Company, which bore the greater part of the expense of the undertaking. These railroad officials foresaw that if the advertising of the Northwest resulted in bringing immigrants to that section of the country, the shipment of products must naturally increase in proportion to the population and the cost of the "Western Governors' Special," as the train was called, would be bread cast upon the waters to be returned after many days.
Several weeks were spent in corresponding with the officials of the different states, collecting and preparing exhibits, which were forwarded to St. Paul, Minnesota, and at 10 P. M., November 27, 1911, the train of eleven cars, con- sisting of new steel parlor cars, exhibition and baggage cars, left that city and arrived in Chicago the next morning. From Chicago the trip included the states of Michigan, New York, Pennsylvania, Delaware, Maryland, the District of Columbia, Ohio, Indiana and Illinois. The exhibition cars were thrown open to the crowds at every place where the train stopped, the people all along the route showed their anxiety to know more of the great Northwest, and the represen- tatives of the states on board the train were most hospitably received every- where. In Washington the party was entertained at dinner at the White House by President William H. Taft. Among the cities included in the itinerary were: Kalamazoo, Grand Rapids and Detroit, Mich .; Rochester, Buffalo, Syracuse,
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HISTORY OF IDAHO
Utica, Albany and New York City, N. Y .; Baltimore, Md .; Philadelphia, Har- risburg and Pittsburgh, Penn .; Toledo, Cleveland, Columbus and Cincinnati, O .; Indianapolis, Ind .; and a number of intermediate points where short stops were made.
At Kalamazoo the public schools were closed while the train was in the city and hundreds of school children, accompanied by their teachers, passed through the cars. The train had been well advertised at Harrisburg, and when it ar- rived there a crowd estimated at ten thousand people, many of them farmers, were waiting to see the display. As they passed through the cars frequent re- marks were overheard, such as: "Why, I thought the West was nothing but a desert;" "I certainly am going to see that country," etc., indicative of the interest the exhibits awakened, and that it was more than mere curiosity that prompted the visit to the "Special."
On this trip the following states were represented, chiefly by their governors. California, Colorado, Idaho, Minnesota, Montana, Nevada, North Dakota, South Dakota, Oregon, Washington and Wyoming. Each state was furnished ample space for its display of products and in several of the states through which the train passed the resident governor, accompanied by his staff, had his own car attached to the "Special" while it was in his state. Newspapers and magazines gave liberal space to the western men and their exhibits. The turnstile on the Idaho car indicated over ninety-two thousand visitors while on the trip.
The train arrived at St. Paul on December 16, 1911, having been "on the road" for nineteen days, during which time nine states and a large number of cities and educational institutions were visited. Just before the arrival at St. Paul, those on board effected a permanent organization known as the "Associa- tion of Western Governors," which included the states of California, Colorado, Oregon, Idaho, Arizona, New Mexico, Nevada, Kansas, Nebraska, North Dakota, South Dakota, Minnesota, Montana, Utah, Washington and Wyoming. The first meeting of this association was held in Boise in 1912 and the organization was kept up until 1916. A meeting was held at Seattle, Wash., in the spring of that year and adjourned to meet at Portland, Ore., the following year, but the entrance of the United States into the great World War in April, 1917, caused the meeting to be abandoned, and it seems doubtful whether it will be revived.
EXTRAORDINARY SESSION
The revenue law passed by the eleventh session of the Legislature proved to be deficient in several important provisions when it came to be applied, and on December 23, 1911, Governor Hawley issued his proclamation calling the Legislature to meet in extraordinary session on Monday, January 15, 1912, to revise the law, enact legislation prescribing the limit of bonded indebtedness for county, municipal and school purposes, and limiting tax levies in certain cases. The Legislature convened at the appointed time and the officers of the two houses at the preceding regular session served through the extraordinary session, which adjourned sine die on January 31, 1912. As the principal in- terest of the session centered upon the subject of taxation, the governor's mes- sage was devoted chiefly to that subject. After referring to the constitutional provision regarding uniformity of assessment of property, and Section 1652 of
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HISTORY OF IDAHO
the Revised Statutes, which stipulated that "All taxable property must be as- sessed at its full cash value," he said :
"This plain, unequivocal, easily understood section, followed as it is by other sections based upon and intensifying its provisions, makes it the bounden duty of the officers intrusted with the assessment and collection of the revenue to place upon the assessment rolls all property at its full cash value."
He then called attention to Section 1727 of the Revised Statutes, which requires the assessor of each county, "on or before the first day of July of each year, and his deputies as well, to take and subscribe to an oath in the county assessment book itself, that the property of the county subject to taxa- tion, 'has been listed and assessed on the assessment book, equally and uniformly, according to the best of my judgment, information and belief, at its full cash value.'"
"To one not informed," continues the message, "upon the heretofore prevail- ing methods of assessing property in the various counties of Idaho, it would seem incredible that these plain provisions of our statutes have for many years past been continuously and systematically violated; that the county assessors have uniformly and intentionally violated the law, and other county officers intrusted in part with the assessment and collection of the revenues, have been privy to and condoned such violations; and that every assessor and every deputy assessor has each year subscribed to false affidavits. Such, however, has been the case, and our people have become so accustomed to these violations of law that many have taken them as a matter of course, and looked upon our revenue laws as matters to be honored in their breach and not in their observance.
** *
* I knew something of the matter when I entered upon my present office, although not aware of the extent of the evil. I endeavored to impress upon you while in regular session the necessity of a change in our taxation system, and earnestly endeavored to have you by proper legislation provide a commission to revise our revenue laws. State Auditor Taylor, in his report for 1910, earnestly and eloquently portrayed the evils of the system, most earn- estly asked for relief and wisely suggested a tax commission amongst other things. Your time was so occupied with many other matters then seemingly of equal importance, that these suggestions were not acted upon.
"Immediately after your adjournment in March last, I renewed my study of our system of assessment and taxation, and soon became convinced that it was my official duty to insist upon a compliance with the revenue laws of the state by the officers intrusted with their execution, and that in so doing I would greatly benefit the state. Immediately, and in order to divest the matter of any political significance, I called a meeting of the State Board of Equalization and requested the assistance of its members in my proposed efforts to enforce the
law. * * * Our efforts evoked bitter opposition and strenuous attempts were put forth by many of our citizens and some of our newspapers to defeat the reform and continue the old methods. The result was that after the State Board of Equalization had finished its labors we had raised the assessment roll of the state in round numbers from $127,000,000 to $230,000,000 and had ad- vanced the assessed value of the state to about 70 per cent of its actual value, with the certainty of reaching the full cash value during the coming year, and the intolerably high tax rate prevailing has been greatly reduced."
N
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HISTORY OF IDAHO
The enforcement of the law exposed its weak points and the governor called upon Judge John F. MacLane and Hon. Frank Martin to act with the attorney- general in making a thorough revision of the revenue laws and necessary amend- ments to the constitution. The result of their labors was presented to the special session, with the request that it be enacted into law. The enactment of the new revenue law was the principal business of the session, though the laws relating to poll taxes and insurance were amended, several sections being repealed and new ones enacted to take their place. An act relating to foreign corporations was also passed. The raising of the assessed valuation from $127,056,075 in 1910 to $329,784,781 in 1911 set a new mark in the assessment of property in the State of Idaho, and under the operations of the revenue law passed by the special session of 1912 valuations have been kept much nearer to the actual value of the property than ever before, reaching $412,265,201 in 1917.
A number of other important events occurred during the administration of Governor Hawley. The Legislature, as has been stated, had at the request of the governor made an appropriation of $750,000.00 to finish the main capitol building, that amount being considered sufficient for that purpose, as the foun- dation for the main building had been completed under the administrations of governors Gooding and Brady. It was thought that the financial condition of the state would not permit the completion of the building as contemplated, it being estimated that the two wings to the main building would entail an addi- tional cost of nearly a million dollars. The old capitol building of the territorial days, completed in 1884 and which at that time was considered a credit to the territory, had become unfit for the purposes for which it was intended and a general feeling prevailed that a commencement at least should be made for a proper state capitol.
The erection of the capitol building, had, under the original law providing for it, been entrusted to a commission consisting of the governor, secretary of state and state treasurer, with two other commissioners to be appointed by the gov- ernor. Governor Hawley continued Messrs. Frank R. Coffin and A. J. Wiley as the unofficial commissioners and upon the adjournment of the regular session of the Legislature the commission immediately started active work to sell the bonds authorized by the Legislature to complete the main building and to com- mence active work on its erection. Messrs. Tourtellotte & Hummel, architects who had already been employed made many changes in the original plans and formulated permanent plans not only for the new building, but for the wings to be erected in the future. The good credit of the state enabled prompt dis- position of the bonds to be made at a handsome premium. The Board of Capitol Commissioners entered upon their duties with enthusiasm and with the inten- tion of verifying the assertion of the governor that the building would be completed and ready for occupancy by the officers elected in 1912. In the sum- mer of 1912 the building was so far completed that Governor Hawley removed his offices from the old building to the new quarters provided for the chief ยท executive. In the fall of that year, all of the state officials were housed in their new quarters, the office part of the old building being given over to various appointive officers. From the appropriation made by the Legislature not only was paid the expense of the erection of the main building and the cost of the furniture used in the various offices, but of preparing plans for the wings, and
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in addition a handsome sum was left in the appropriation to be converted back into the treasury of the state.
MATTERS CONNECTED WITH STATE LANDS
Much of the time of those connected with the administration was devoted to land matters. The Carey Act had imposed upon the State Land Board a multitude of duties and fastened upon the shoulders of that tribunal heavy re- sponsibilities. Very many projects had been commenced in various sections of the state under the auspices of the former land boards and many of them had not received the consideration, before being entered upon, that their importance deserved and many important questions arose which demanded solution upon the part of the land board in connection with these projects. Notably was this the case in regard to the Big Lost River, the Salmon River, the North Twin Falls and many of the minor projects. These matters are all referred to in a subsequent chapter.
But other important land questions had developed. Under the Act of Ad- mission Congress had given Idaho large grants of public land situate in the state for various purposes. Among other things, it was provided that sections 16 and 36 of each township within the state should be devoted to school pur- poses, and it was provided that from the sale of these lands an irreducible school fund should be created, the interest derived from which should be devoted to maintenance of the common schools of the state. Many of the sections so donated to the state had already been reduced to private ownership through settlements thereon before service had been made, and through land grants to the railroads in the northern section of the state, and the state selected other public lands in lieu thereof.
But a very large amount of the school lands were situate in the forest re- serves. Under the administration of President Roosevelt, the forest reserve system had been extended so as to cover the greater portion of the lands situate in the various western states and at the head of the main streams. This un- doubtedly was a wise provision on the part of the President and of the congress, and has been of great assistance in the development of the arid and semi-arid states, but it will be readily seen that these immense tracts constituting the forest reserves, embracing as they did, nearly the entire mountainous part of Idaho, worked a serious hardship upon the state, so far as the school fund provided for by Congress in the Admission Act was concerned. Under the provisions of the Admission Act, sections 16 and 36 became the property of the state upon public surveys being extended so that the particular sections could be ascertained. It necessarily followed that no subsequent act of Congress could deprive the state of its ownership of the lands in these sections. While in these forest reserves were contained many sections of state lands the exact whereabouts of which could not be determined, but which undoubtedly consisted of rocky can- yons and almost impassable mountains, impossible of cultivation and devoid of timber, many other of such sections consisted of lands which would be valuable for grazing purposes, many of which were covered with a heavy growth of timber which in the future would have considerable commercial value. The greater part of the forest reserves, however, consisted of unsurveyed public lands. There had been no necessity of extending Government surveys over these
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areas and the Government itself had no reason for making such surveys in the future because the including boundaries of the different reserves had been de- fined under the statutes or regulations provided for at the time of their creation. Even if it became permissible on the part of the state to make surveys to de- termine the particular lands belonging to Idaho, it would necessarily be done at very great expense and no substantial results could be realized because the very situation of these lands when the whereabouts of the state's portions was ascertained, made them in most cases practically valueless, surrounded as they would be by the lands reserved by the United States for particular purposes and which would never be put upon the market so that title thereto could be acquired by the citizens.
In the early summer of 1911 the governor was called to Washington to at- tend a conference to be held at the White House in which a dispute between the Forestry Department, backed by the secretaries of the Interior and of Agri- culture, and the State of Idaho, growing out of a location as lieu lands of about forty thousand acres of white pine timber lands in Clearwater County, and in regard to which it became the duty of the President to finally decide between the contending parties. Accompanied by the attorney-general and the land com- missioner, the governor attended the conference and after a long hearing, the right of the state to the lands in question was affirmed by President Taft and these lands acquired through the sagacity of the land commissioner with the assistance of Governor Brady and the land board of his administration, was upheld and title to these lands afterward became vested in the state.
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