USA > Idaho > History of Washington, Idaho, and Montana : 1845-1889 > Part 74
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 74
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 74
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In 1877 there were 83 prisoners in the penitentiary. Wheeler's Montana Peni- tentiary, MS., 1-10.
11 Virginia Tri-Weekly Post, Dec. 7, 1867; Virginia Montana Post, Feb. 29, 1868.
12 The number at the 6th session was 11 councilmen and 20 representa- tives. The council was increased to 13 at the 7th session, and the assembly- men to 26 at the Sth. At the 9th session there were 14 members of the council. No two legislatures for a series of years were constituted of exactly the same number of members, the reason lying probably in the election or non-election of certain districts.
13 There was a bill introduced in the senate, by Morton of Indiana, early in 1869, to enable the people of Montana to form a constitution and state government, which failed.
672
POLITICAL HISTORY.
the territories should hold their legislative sessions biennially after July 1, 1869. This change, as usual, gave rise to fresh opportunities. The legislature of 1868 enacted that the next session should convene on the first Monday in November 1870, under the impression that the law was in conformity with the act of congress, which decreed that the representa- tives of Montana should be elected for two years, and that the legislature at its first session after the pas- sage of the act should provide for carrying into effect the provisions of the statute. But the Montana law was passed on the 15th of January, in anticipation of the act of congress, which was approved in March following, and made no change in the term of the election of legislators. A legal question was involved, but they would hold the session, and settle the ques- tion at law afterward. To the legislature of 1868 was elected one republican, from Gallatin county, namely L. S. Wilson.14 In 1869 the democracy in Deer Lodge county bolted, and the best men of the party inviting the best men of the republican party to join them, formed a people's party, to correct abuses, and succeeded in sending three members to the legislature.15 A few republicans were elected to
14 The members of the 5th legislature were, in the council, S. Russell, president, Charles S. Bagg, J. W. Corum, W. E. Cullen, W. B. Dance, Alexander Davis, Thomas B. Edwards, H. W. English, A. G. P. George, A. H. Mitchell, Sample Orr, Jasper Rand, Thomas Watson; sec., C. C. Me- naugh; asst sec., W. F. Kirkwood; clerks, H. H. Showers, R. P. Vivian; ser- geant-at-arms, Stephen R. Elwell; door-keeper, John Thompson. House of representatives, A. E. Mayhew, speaker, R. D. Alexander, J. P. Barnes. A. W. Brison, H. R. Comly, Andrew Cooper, John Donnegan, J. M. Ellis, Simeon Estis, R. K. Findlay, J. H. Hicks, C. W. Higley, J. C. Kerley, M. P. Lowry, John Mclaughlin, W. F. Powers, John W. Rhodes, D. L. Shafer, G. W. Stapleton, W. Stewart, Otis Strickland, J. M. Sweeney, G. W. Went- worth, L. S. Wilson; clerks, R. E. Arick, A. H. Barrett, T. E. Rounds, William Butz; sergeant-at-arms, O. P. Thomas; door-keeper, L. O. Holt. Mont. Jour. Hlouse, 5th sess., 4.
15 The Montana Democrat of June 12, 1869, gives the people's platform, in which it is said: "The continual increase of the county indchtedness, burdensome taxation for worthless services, a reign of violence and disorder resulting from the non-enforcement of the criminal laws and the non-punish- ment of convicted offenders, and the building-up of a faction dangerous to the welfare of the country, and which aims at control of all county affairs,' are reasons for uniting to overthrow this power. It declared that an emer- gency had arisen in which it was the duty of all good citizens to lay aside
673
GOVERNOR ASHLEY.
county offices in different parts of the territory, enough to show a growing sense of the evils of a one- sided administration.
In the mean time a new governor had been ap- pointed, James M. Ashley of Ohio. His course in politics had been that of a republican radical, which made him repugnant to the reigning party in Mon- tana. While endeavoring to conciliate this party, hoping, it was said, to become delegate to congress, he subjected himself to its scorn, and failed in his ad- ministration, while he was declared to be, in many respects, the best executive that Montana had had. The legislature of 1869, in an effort to deprive him of the appointing power vested in him by the organic act, passed a law relating to the tenure of office, which was vetoed by the governor, and passed over his head, the intent of which was to keep in place certain terri- torial officers, at a severe cost to the tax-payers.16 In consequence, there was a suit in the courts, whereby it was decided that neither the legislature nor the governor, the one without the other, had power to appoint, and a bill was before congress in 1870 which proposed to deprive the Montana legislature of all appointing power, and to bestow it upon the gov-
party predilections, to vote for local officers without regard to party. Affairs had indeed came to a sad pass when the democratic journals advocated a rupture in their own well-drilled ranks. The Deer Lodge New Northwest, Oct. 8, 1869, gives some particulars. It estimates the valuation of this county at $1, 100,000. On a basis of 23 mills to the dollar, the tax for county purposes would amount to $11,000; the territorial $4,000; the school tax $3,000; the poor tax $2,000; for completing county building $4,400; total $24,900. County scrip was worth 20 cents on the dollar. The sheriff's office alone had been costing the county $22,000 per annum. How was SII .- 000 to be made to meet such expenses, and pay 10 to 15 per cent interest on a large indebtedness? It was this problem which extorted a cry for reform.
16 Members of council iu 1869, Walter B. Dance, president, John P. Barnes, L. Daems, Thomas R. Edwards, H. W. English, C. W. Higley, John Jones, A. H. Mitchell, Samuel Word, Thomas Watson, A. G. P. George; sec., R. S. Leveridge; asst sec., A. M. Carpenter; clerks, George W. Hill, A. J. Urlin; sergeant-at-arms, John Thompson; door-keeper, John S. Bartruff. House of representatives, J. R. Boyce, speaker, A. H. Barrett, R. O. Bailcy, N. C. Boswell, J. A. Browne, G. F. Cope, F. E. Collins, V. A. Cockrell, S. R .. Elwell, J. F. Forbis, J. Gibbs, R. O. Hickman, H. Jordan, H. Lamme, J. Murphy, T. E. Rounds, P. Scott, A. J. Smith, W. D. Wann, P. T. Williams; clerks, George W. Rockfellow, Benjamin Ezekiel, Philip Evans, R. Hedge; sergeant-at-arms, William Deascey; door-keeper, O. P. Thomas. Mont, Jour. Council, 6th sess., 4.
HIST. WASH .- 43
674
POLITICAL HISTORY.
ernor, as well as to make the secretary ex-officio superintendent of the public buildings in progress of erection, or thereafter to be erected, and prescribing such an oath of office as few leading democrats in Montana could take without perjuring themselves. The bill failed, to the chagrin of Ashley, who insti- gated it.
In 1870 Benjamin F. Potts of Ohio was appointed governor. He had been a major and a major-general in the civil war, and was a republican in principle; but the democrats of Montana made a distinction between republicanism in a mild or a radical form. Even the republicans had become disgusted by Ash- ley's overtures to the enemy; so that in consequence of these complications Potts was welcomed by both parties. The democrats pronounced him not a brilliant man, but honest, and affected a good-natured tolera- tion of him. But when in 1872 congress amended the organic acts of all the territories, by giving the governor power to fill vacancies during the recess of the council, in the offices of treasurer, auditor, and superintendent of public instruction, great indignation prevailed in certain quarters, and the governor's head was threatened. It might have been supposed that such an amendment would have been welcomed at that time, the result of the previous course of the legislature in enacting once that those officers should be elected by the people, which was contrary to the organic act, and again that they should be elected by the legislature, while the organic act said they should be appointed or nominated by the governor and confirmed by the council, having been that the territorial treasurer had been unable to settle his accounts, and the bonds of Montana had gone to protest, that there had been no superintend- ent of public instruction, and that the auditor had illegally retained his office for four years.17 Yet it
17 William G. Barkley was treasurer and William H. Rodgers auditor at this period. Ashley appointed James L. Fisk, and Rodgers refused to yield.
675
GOVERNOR POTTS.
was said by democratie journals that Governor Potts had urged the amendment out of spleen, because the legislature had not confirmed his appointments, while others contented themselves with laying the blame of territorial subordination to congress at the door of the constitution of the United States.18
Changes in the executive office could have little effect against the power of a united legislature. At the seventh session an act was passed prohibiting a foreign-born person who had declared his intention of becoming a citizen from voting in the territory,19 in defiance of the organie law, which aet congress was certain to disapprove, and which had, like other obnoxious and idle statutes, to be expunged by the following legislature. The election law was the weapon with which those having control of it could punish non-sympathizers. According to the act of congress making the sessions of the legislature bien-
Suit was brought in the district court of Virginia City, and appealed to the supreme court, and again appealed to the U. S. supreme court, which refused to consider it, and it came back to the supreme court of Montana. Mean- while Rodgers held the office from 1867 to February 1874, four years of the time illegally. The territorial treasurers appointed from 1864 to 1875 were J. J. Hull, 2 years; John S. Rockfellow, 1} years; W. G. Barkley, nearly 4 years, during which time Leander W. Frary was appointed, in 1869, but failed to obtain possession of the office; Richard O. Hickman, 4 years; Daniel H. Weston. The territorial auditors were John S. Lott, 2 years; John H. Ming, 1 year; William H. Rodgers, over 7 years, or from Dec. 1867 to Feb. 1874; James L. Fisk, appointed in 1869, but unable to obtain possession of the office; George Calloway, who resigned in Dec. 1874; Solomon Star, who held until Jan. 1876, and resigned; David H. Cuthbert. The superintendents of public instruction were, Thomas J. Dimsdale, 2 years; Peter Rowen and Alexander Barrett, both of whom immediately resigned; A. M. S. Carpenter, 1866 to 1867; Thomas F. Campbell, 2 years; James H. Mills, resigned; S. G. Lathrop, 1869; Cornelius Hedges, 1872. Con. Hist. Soc. Mont., 332-3.
18 Helena Independent, June 8, 1872; Deer Lodge New Northwest, June 15, 1872.
19 The council elect was composed of A. H. Mitchell, president, S. J. Beck, Seth Bullock, T. E. Collins, Robert Fisher, J. M. Howe, C. J. Kinney, R. Laurence, John Owen, A. T. Shoup, G. W. Stapleton, Granville Stuart, W. L. Warren; clerks, R. E. Arick, A. M. S. Carpenter, N. Dickinson, H. C. Wilkinson; sergeant-at-arms, James Cadigan; door-keeper, John Thompson. House of representatives elect, Harry R. Comley, speaker, A. D. Aiken, W. E. Bass, Jolin Billings, Israel Clem, W. W. Dixon, James Garontte, H. Jor- dan, N. D. Johnson, T. J. Lowry, F. M. Lowrey, C. A. McCabe, J. C. Metlin, P. H. Poindexter, C. Puett, S. F. Ralston, Daniel Searles, H. D. Smith, S. M. Tripp, C. McTate, R. P. Vivian, O. C. Whitney, John Williams, Wright, who did not appear and qualify; clerks, Benjamin Ezekicl, Benjamin S. Word, J. D. Alport, W. Freeman; sergeant-at-arms, P. H. Maloney; door-keeper, L. B. Bell. Mont. Jour. House, 7th sess., 3.
676
POLITICAL HISTORY.
nial, the seventh session was held in December and January 1871-2. During this interregnum of legis- lative power much uneasiness was manifested, and an effort was made to bring about an extra session by importuning the then delegate, William H. Claggett, to procure the passage of an act postponing the clection for delegate in 1872 to October, and grant- ing an appropriation for an extra session. Claggett refused to ask congress to interfere with territorial legislation by introducing such a bill, and when a member of congress was found who would do so, ob- jected to its passage, in consequence of which it failed, and there was no extra session in 1872, nor was that delegate returned to congress at the August election.
Indeed, that Claggett, who was a republican, should have been in congress at all was an anomaly in early Montana politics, and was only to be accounted for on the ground that he was not a political aspirant, but was an able man, and belonged to the 'west side,' where a majority in some instances had been obtained against the regular democratic ticket. He was nom- inated in a convention of the representatives elect, and ran against E. W. Toole, beating him by a major- ity of over five hundred. He proved to be a useful and influential delegate, doing more for Montana in the first eight months of his term than the two preceding delegates had done in seven years.20
20 W. H. Claggett was grandson of Thomas Claggett, of Marlborough, Mary- land, a wealthy and respected citizen, who died in Angust 1873. William H. Claggett seems to have derived some sterling qualities by descent, and not to have stood in any fear of wire-pulling politicians. He won great praise, even from the opposite party, for his energy and ability in the delegateship. I give herewith a summary of his services. Within a week after arriving in Wash- ington he scenred a bill to open the Bitterroot Valley to settlement, by hav- ing the Indians removed to the reservation on the Jocko River, and seenring the immediate survey of the lands. He also procured the exchange of the Yellowstone Valley with the Crows, who removed to the Judith basin. He arranged with Gen. Sheridan, and influenced congress, since not enough soldiers could be sent to Montana to protect the frontier, to keep the Sioux temporarily qniet by feeding and clothing them to the amount of $730,000; getting an order from General Sherman that the troops on the line of the N. P. R. R. should patrol the frontier, and securing the passage of a bill provid- ing 1,000 breech-loading needle-guns and 200,000 rounds of ammunition for the settlers in remote situations. He found the only law giving indemnity to losers by the predatory acts of the Indians had been repealed, and he had it
677
ELECTION AND EXTRA SESSION.
But that did not prevent the legislature from pass- ing a bill at the session of 1871-2 changing the time of the election of his successor to 1872, thereby short- ening his term to one year. Congress, as it happened, passed a bill changing the time of election of repre- sentatives and delegates to the 43d congress to the first Monday after the first Tuesday in November 1872, so that the Montana act was partly shorn of its force. In opposition to his better judgment, those who desired his reelection persuaded him to run a second time in 1872, when he was defeated by the well-organized democratic party, and Martin Magin- nis21 elected by a majority of about three hundred.
The extra pay of the legislature had been abol- ished and forbidden by congress, which paid all the legislative expenses. An obstacle was thus removed, and in March 1873 Governor Potts issued a proc- lamation calling an extra session for the 14th of April, the nominal excuse for which was the im- perfections in the laws passed at the late regular session, but the real reason for which was that there existed in Montana a numerous faction, or ring, who were determined in their efforts to inveigle the tax- payers of Montana, already overburdened with debt, into pledging the faith of the territory to build a rail-
restored. He secured 6 new post-routes and 20 post-offices. He drew up and had passed the national-park bill, setting apart 50 miles square to the use of the nation forever. N. G. Langford was made superintendent, and put to laying out roads. He secured 3 national banks, 1 at Helena, capital $100,000; 1 at Deer Lodge, capital $50,000; and 1 at Bozeman, capital $50,000. He secured an assay office for Helena with an appropriation of $50,000; and another appropriation of $5,000 to pay for the printing of the laws of the 7th session oï the Montana legislature; half that amount to pay a deficiency in settling with the printer of the laws of the 5th session; and an additional appropri- ation for the survey of the public lands. He procured the amendment giving the governor power to appoint in recess. He assisted in amending the quartz law of the territory, giving those who performed a certain amount of labor upon their claims a patent to the same. He procured an amendment to the organic act empowering the legislature to incorporate railroads. Hc secured the privilege of having all territorial offices filled by persons domiciled in the territory, excepting U. S. judges, Indian agents, and superintendents. He had the courage to refuse to do something which he was requested to perform, but never lost a single advantage to Montana throughi neglect or incapacity. Claggett was formerly of Nevada.
21 Maginnis was a worthy successor to Claggett, and secured many bene- fits to the territory. He was in congress continuously for ten years.
678
POLITICAL HISTORY.
road which was to enrich them if it ruined the com- monwealth. There had been much discussion of the question of the legality of a tax levied for such a pur- pose, some of the journals taking strong ground against it,22 on the side of the people.
The governor in his message gave a statement of finances, showing an increase of debt in sixteen months of over $29,000, which he did not hesitate to say was due to the " extravagant expenditures of the last legislative assembly, which reached nearly the sum of $45,000;" or to tell them that the finances of the territory had been so managed by the law- making power as to give little hope for its future.
22 The Deer Lodge New Northwest, republican, edited and owned by James H. Mills, was unremitting in defence of the people's interests. The New Northwest was established July 9, 1869, at Deer Lodge. It was an S-column journal, and ably conducted, without being radical. The journalism of Mon- tana was for the most part conducted with dignity, ability, and considering their remoteness from the great world, with success. The Montanian, first published at Virginia City by Joseph Wright and L. M. Black, July 12, 1870, was a democratic journal. Wright left in August 1871, when G. F. Cope conducted it for two years. Cope sold it to a joint-stock company, H. N. Blake being editor, who resigned on being appointed district judge, and was succeeded by H. T. Brown. It was at last sold to the Madisonian in 1876- The Bozeman Avant-Courier, democratic, was founded Dec. 15, 1871, by Joseph Wright and L. M. Black, with J. W. Allen associate editor. In 1874 Black, desiring to change the policy of the paper, and Wright's lease having expired, made a new lease to J. V. Bogert without giving Wright notice. This caused the seizure and suspension of the Courier, from September 25th to November 13th, when Wright, having secured other material, resumed its publication. It was published semi-weekly in 1876, but only for a short time. In February 1877, the paper passed into the hands of W. W. Alder- son, J. V. Bogert, republican, associate editor. The Courier was the pioneer journal of eastern Montana, to whose development it was devoted. The Helena News Letter was started in Feb. 1869. The Missoula Pioneer, demo- cratic, was established in 1871 by the Pioneer Publishing Company, at Missoula City, in Missoula county, and was devoted to the development of western Montana, Leonidas Boyle and W. J. McCormick, editors. Frank M. Woody and T. M. Chisholm purchased the paper in 1873, and changed its name to Missoulian. Chisholm sold his interest the same year to W. R. Turk. The Madisonian, published at Virginia City in Sept. 1873, was a political democratic journal, edited by Thomas Deyarman, sheriff of Madison county. When the Montanian discontinued, it purchased its material and good-will. The Rocky Mountain Husbandman, devoted to the agricultural development of the country, was started in Nov. 1875, by R. N. Sutherlin, at Diamond City, in Meagher county. The Tri- Weekly Capital Times, established in Sept. 1869 by Joseph Magree, S. P. Basset, and I. H. Morrison, at Virginia City, was a democratic journal, 6-column sheet. On June 1, 1870, it was trans- ferred to the charge of William T. Lovell and Joseph Wright, who subse- quently published the Montanian. The Bozeman Times, another democratio newspaper, was established in 1875 by Henry C. Raleigh and F. Wilkinson, edited by E. S. Wilkinson. It was a 7-column paper, devoted to democracy.
679
FINANCE AND RAILROAD.
The public debt was in excess of half a million of dollars, which the territory, being possessed of great resources, might pay, but which should not be in- creased. This advice came after congress had ap- plied the remedy, by prohibiting extra compensation from the territorial treasury, and advancing the pay of the legislators to a compromise between penury and extravagance. The governor recommended legis- lation which should prevent the sheriff of Madison county charging $222 for taking a convict to the peni- tentiary at Deer Lodge, a distance of 120 miles, and similar unnecessary wastefulness of the public money,23 without taking into account that to hold offices and spend the people's money freely were prerogatives of the party dominant in Montana at that time, with which they could never be persuaded to part voluntarily.
On the proposition to vote county bonds to aid in constructing a railway from the Central Pacific to Helena, the governor had an opinion decidedly un- favorable to the project, which he pronounced suicidal. As to the legality of imposing a tax for such a pur- pose, he held that taxes must be imposed for a public and not for a private purpose; and that when taxation was prostituted to objects not connected with the public interests, it became plunder. Some of the gov- ernor's suggestions with regard to retrenchment were carried out; but the railroad bill, the main object for which an extra session had been brought about, was passed and approved by the governor, namely, "A bill for an act enabling and authorizing any county or counties within the territory of Montana to aid in the construction of a railroad, and to subscribe to the capital stock of the same."24
23 The county of Deer Lodge paid the sheriff during the previous year $7,355 out of its treasury, in addition to the fees of the sheriff paid by litigants in civil causes. The sheriff of Gallatin county received $2,671 in the same way; the county assessor $3,843; the clerk and recorder $1,947 each-all of which was in addition to their proper fees. The aggregate debt of those coun- ties was $97,000. The amount paid for salaries in Gallatin in 1872 was $32,736.62. Message of Gov. Potts, in New Northwest, April 19, 1873.
2% The council of the extraordinary session was composed of G. W. Staple-
680
POLITICAL HISTORY.
By this act it became lawful for the county com- missioners of any county to submit to any incorpo- rated company a proposition to subscribe to the build- ing of a railroad from the Union Pacific, the Central Pacific, or the Utah Northern into or through the ter- ritory of Montana, not exceeding twenty per cent of the taxable property of the county; but upon condi- tion that Madison, Jefferson, and Gallatin counties should subscribe fifteen per cent, two per cent to be paid as soon as the road reached those counties, and thirteen per cent when it should be completed. A similar proposition should be presented to the other counties, with the difference that the amount to be subscribed was ten per cent in Meagher and twenty per cent in Lewis and Clarke counties, with other provisions, the chief of which was that an election was to be held, at which the people should vote upon the question of subsidy, yes or no.25
ton, president, E. T. Yager, John Owen, W. B. Dance, W. E. Bass, D. P. Newcomer, Robert Lawrence, Robert Fisher, Seth Bullock, J. C. Stuart, S. J. Beck, and Owen Garrigan, with one vacancy; clerks, A. M. S. Carpenter, R. W. Hill, A. J. Davidson, W. G. Barkley; sergeant-at-arms, James Cad- igan; door-keeper, H. J. Johnson. House of representatives, John H. Rodgers, speaker, E. D. Aiken, James M. Alger, Joseph A. Brown, Alexander Carmichael, W. A. Chessman, George S. Coleman, Otho Curtis, Isaac Dean, A. Dusold, Benjamin Ezekiel, R. K. Emerson, Joseph W. Hartwell, Curtis L. Harrington, F. George Heldt, James Kennedy, J. C. Kerley, Samuel Mallory, Christian Mead, George W. MeCauley, C. C. O'Keefe, Isaac S. Stafford, Wilbur F. Sanders, C. W. Sutton, Carey M. Tate; clerks, W. W. Chapman, E. H. Hurley, L. Hawkins; sergeant-at-arms, W. T. Shirley; door-keeper, L. B. Bell. Mont. Jour. House, extra session, April 14 to May 8,1873.
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