History of Washington, Idaho, and Montana : 1845-1889, Part 75

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Frances Fuller, 1826-1902
Publication date: 1890
Publisher: San Francisco : History Co.
Number of Pages: 880

USA > Idaho > History of Washington, Idaho, and Montana : 1845-1889 > Part 75
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 75
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 75

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25 Missoulian, May 16, 1873. A bill introduced by W. F. Sanders called for a subscription by counties to the amount of $2,300,000, they giving bonds payable in 30 years, with 7 per cent interest, to be paid semi-annually, which failed to pass. The one which passed was a substitute. When Claggett was in congress he was importuned to secure a right of way across the public lands for any railroad companies, and to secure money to pay for the extraor- dinary session. He managed the matter adroitly. He would not ask for the money until a bill he had introduced granting right of way, and requiring a two-thirds vote of the tax-payers to authorize a county or municipal subsidy, should have passed. Should congress pass the bill, Montana would be safc, and he would do his best to get an appropriation for the extra session. This diplomatic course was the origin of the substitute bill. But the U. S. senate did not favor aiding railroads in the territorics, and the right-of-way bill was not passcd. Claggett did, however, secure an amendment to the organio act empowering the legislature to incorporate railroads, which could do no harm under the restriction of the right-of-way bill. The bill finally passed, in March 1875, and his successor secured $20,000 appropriation to pay the ex- penses of the extra session.

681

REFORMS NEEDED.

The failure to secure a grant from congress of a right of way for railroads across the public lands, and the disinclination of the people to be any more heavily taxed than they were, kept the question from being put to a vote before the eighth session of the legis- lature, occurring in January and February 1874.26 From the message of Governor Potts, it is evident the Montana law-makers had not much amended their habits of extravagance.27 The reforms recommended by the executive had not yet reached county commis- sioners, whose per diem was ten dollars; nor sheriffs, who received three dollars a day for subsisting pris- oners in jail; nor prosecuting attorneys, who received three thousand dollars per annum. Under the existing law the cost of collecting taxes was four times greater than in the states east of the Missouri. Only two counties had paid any of their indebtedness the last year, Deer Lodge and Beaverhead. All the other counties had increased their debt, Lewis and Clarke owing $148,550.39; and in Meagher county the com- missioners had refused to levy a school tax of three mills, their economy beginning by closing the public

26 The new members of the council were R. E. Arick, O. B. Barber, A. H. Beattie, Charles Cooper, J. J. Davis, and L. R. Maillet. The lower house was the same as in 1873, except a new member, J. M. Arnoux. Clerks of the council, A. M. S. Carpenter, Robert W. Hill, T. E. Collins, W. B. Morrison; sergeant-at-arms, J. E. Allen; door-keeper, J. M. Castner. Clerks of the house, A. H. Barrett, W. W. Chapman, E. P. Owens, S. Hughes; sergeant- at-arms, George Broffy; door-keeper, George Linder. Mont. Council Jour., 8th sess., 3.

27 In his message to the 8th legislature, the governor made the plain state- ment that in his first message he had recommended the repeal of the law granting extra compensation to U. S. officers and legislators out of the terri- torial treasury, but that his advice had been disregarded, except as to the U. S. judges, and that the sum of $32,614.80 was drawn from the treasury of Montana and paid to that legislature; and at the close of that session, 1871-2, $201,000 had been paid by the territory, under the law granting extra com- pensation, since the assembling of the first legislature. This fact, and the rapid increase of the debt by the law-making power, had caused him to ask the iuterposition of congress to annul the extra-compensation laws; and he had accompanied his request with an abstract of the financial condition of Montana, which produced the desired result in the passage of a law of congress prohibiting the passage or enforcement of any law by a territorial legislature by which officers or legislators should be paid any compensation other than that provided by the laws of the United States. U. S. Statutes at Large, vol. xvii. 416. Under this law Montana had expended $41.350.21 less in 1873 than in 1872, and warrants had advanced 10 cents on a dollar in consequence.

682

POLITICAL HISTORY.

schools.28 These revelations did not prepare the peo- ple to regard favorably any scheme which should in- crease their burdens, and for the time railroad legis- lation was interrupted.

Meantime a lively interest was felt in the subject of transportation, and much discussion was being had in the public prints as to which route should have the preference. The Northern Pacific, dear to the people of Montana from a sentiment dating back to the days when the United States senate debated a route to China via the mouth of "the Oregon River," and now plainly a necessity of this commonwealth to open up a vast extent of rich mineral and agricultural lands, was the first choice of the whole of eastern Montana; while the counties along the line of the pro- jected extension of the Utah Northern to Helena would have liked, could they have afforded it, to see that road constructed.

After the passage of the right-of-way act of congress in March 1875, a railroad convention was held at Helena April 21st, at which, among other declarations, it was resolved that a committee of one from each county should be appointed to solicit propositions from the Northern Pacific, Utah Northern, Portland, Dalles, and Salt Lake, Union Pacific, and Central Pacific railroad companies, and to gather information bearing upon the subject of railroads. The only com- pany which availed itself of the invitation extended by the convention to send commissioners to the legis- lature, which convened January 1876, was the North- ern Pacific. This company appointed its vice-presi- dent, George Stark, and its chief engineer, W. Milnor Roberts, a committee to confer with the legislature relative to a plan by which their road could be extended from the Missouri, at Bismarck, to the Yellowstone River, and up the Yellowstone Valley two hundred or more miles, during 1876-7.

The result of this conference was that the North-

28 Governor's message, in Bozeman Avant-Courier, Jan. 9, 1874.

683

RAILROAD SUBSIDY.

ern Pacific accepted the loan of the credit of the ter- ritory in the sum of three million dollars, at eight per cent interest, secured by a lien upon the traffic of the road to and from Montana. An argument in favor of such a loan was that Montana expended annually in freights by the way of the Union Pacific, and by wagons from Corinne, a million of money, to which was added another half million on freights by the way of the Missouri River, and wagons from Benton. The reduction on the cost of freights would soon amount to three millions, if the people could be brought to deprive themselves temporarily of that amount. A similar proposition concerning the Utah Northern was also to be entertained if that company accepted, which it did not, saying that Montana was not able to help build two railroads, and they would wait the action of the people on the Northern Pacific proposition. The election for or against the subsidy was held in April 1876, and there proved to be a majority of only 248 against it.

For such an outcome the legislature29 was prepared, and passed an act, vetoed by the governor and passed over his head, convening the next legislative body in January 1877. The ostensible reason for changing the time of meeting was to bring it nearer the time of election, as if to amend the election law were not a cheaper method of arranging this matter. Dele- gate Maginnis was notified to secure an appropriation from congress, and did so.30

29 Members of the council at the 9th session were Asa Brown, president, J. Abascal, J. Allenbaugh, W. E. Bass, Ed. Cardwell, Philip Constans, W. E. Cullen, William Graham, W. O. P. Hays, James Hornbuckle, I. I. Lewis, B. H. Tatem, Thomas Watson; clerks, Harry R. Comley, G. E. Watson, Patrick Talent, H. C. Wilkinson; sergeant-at arms, Otis Strickland; door- keeper, P. H. Maloney. Members of the lower house were S. W. Lang- horne, speaker, G. W. Beal, E. G. Brooke, J. C. Burkett, Alfred Cave, A. Carmichael, W. A. Chessman, T. H. Clewell, Otho Curtis, R. S. Ford, D. Kenneally, C. Mcad, A. B. Moore, J. C. Moore, W. J. McCormick, J. H. McKnight, L. B. Olds, Brigham Reed, Louis Rotwitt, W. F. Sanders, Gran- ville Stuart, John M. Sweeney, William E. Tierney, P. Woodlock, Samuel Word, F. L. Worden; clerks, A. H. Barrett, J. N. Heldt, N. H. Connelly, J. E. C. Kanouse; sergeant-at-arms, R. K. Emerson; door-keeper, J. N. Thompson. Mont. Jour. Council, 9th session.

30 The council of the 10th session was composed of W. E. Bass, president,

684

POLITICAL HISTORY.

The Northern Pacific having been disposed of, the Utah Northern now came forward with a proposition to the legislature in session in 1877, and offered to build 300 miles of narrow-gauge railroad within three years, 100 hundred miles a year, starting at Franklin, in Idaho, to a point as far north as the Bighole River, and to be called the Utah Northern Extension, for a subsidy of $5,000 per mile in bonds of the territory, to be placed in escrow in New York, to be delivered at stipulated times, and to draw interest at eight per cent per annum from time of delivery, that is, at the completion of every twenty miles.

The proposition to build to the Bighorn was made to carry the road ncar or to the national park. But it would in that case pass through a rough and ele- vated region, not likely to be soon settled if ever, and chiefly outside of Montana, and the legislature in framing a bill changed the route to Fort Hall, Idaho, thence to Pipeston, Jefferson county, Montana, to terminate at or to come to Helena. But no survey of any route had been made, and the bill also was very loosely drawn, leaving it to the railroad company to stop at any point by forfeiting fifteen per cent of the proposed subsidy. If the company accepted the terms proposed in the bill as passed by the legislature, it was to signify its acceptance on or before the 25th of March, and their acceptance or non-acceptance was to be announced by a proclamation from the executive office. Whether it was the change in the route, or

John B. Allenbaugh, Asa A. Brown, Philip Constans, W. E. Collen, Robert Ford, W. O. P. Hays, I. I. Lewis, P. W. McAdow, Arimstead H. Mitchell, Benjamin H. Tatem, Edwin B. Waterbury, Thomas Watson; clerks, Harry R. Comly, Horace C. Lewis, David Marks, Henry C. Wilkinson; sergeant- at-arms, Otis Strickland; door-keeper, Thomas Daly. Members of the house were Alcxander E. Mayhew, speaker, Edwin M. Batchelder, Henry B. Brain- ard, Walter F. Chadwick, Joseph Davis, James A. Dixon, Hugh F. Galen, Richard O. Hickman, Horatio S. Howell, Joseph A. Hyde, Frank C. Ives, Nicholas Kessler, Washington J. McCormick, James McElroy, Henry H. Mood, Benjamin T. Porter, Daniel P. Robbins, John C. Robinson, Louis Rot- witt, Junius G. Sanders, Wilbur F. Sanders, George Stell, William A. Thompson, Robert P. Vivian, Aaron C. Witter, Samuel Word; clerks, An- thony II. Barrett, Henry A. Lambert, Albert J. MeKiernan, Clarence O. Ewing; sergeant-at-arms, Stephen Bynum; door-keeper, Daniel Farry. Mont. Jour. Council, 10th session.

685

THE NORTHERN PACIFIC.

whether the tone of the most influential newspapers in Montana foreshadowed to the company the failure of the measure at the election which would follow their acceptance, they made no sign on or before the 25th of March, and the proclamation of the governor immediately after announced the conclusion of all this scheming and legislation, which obviated the necessity of a subsidy election on the 10th of April.

The same year, however, the Utah Northern ex- tended its line northward, changing its route to Snake River, through Marsh Valley and Port Neuf Cañon. In April 1879 the president of that company, Sidney Dillon, made a proposition to the governor of Mon- tana to extend the road to the Montana line within the current year, and 130 miles into Montana within the year 1880, provided only that the legislature would, by act, exempt the road from taxation for a period of fifteen years. To be able to accept or reject this proposition, the governor issued a proclamation calling an extraordinary session, to convene on the 1st of July, and in his message strongly advocated the acceptance of the proposition,31 the message being re-

31 Mont. Jour. Council and House, 1879, 12-14. The reasons given by the governor for calling an extra session were, as stated in his proclamation, that the eleventh legislature had adjourned without making an apportionment of the territory for legislative purposes, as required by a recent act of congress, and as the safety of the inhabitants required such legislation as would enable them by armed organizations to protect themselves from Indiau depredations, and as the late legislative assembly had failed to enact a law providing for the funding of the debt of the territory at a lower rate of interest than that being paid, and as serious errors appeared in some of the laws passed at the eleventh session, and many legitimate subjects of legislation failed of maturity at that session, therefore he reassembled thein to do what should have been done at the regular session. Nothing was said about railroads, but the anti-railroad journals treated the governor's real design as if it had been proclaimed, and a resolution was introduced in the house censuring, or at least criticising, the executive for assembling them for reapportionment before a census had been taken, at a season of the year inconvenient for most of them, and in violation of a law of congress that no territorial legislature should be convened without an appro- priation first having been made to defray the expenses. The resolution was referred to the judiciary committee, of which W. F. Sanders was chairman. His report is a fine piece of diplomatic writing-he being the head and front of railroad agitation - declaring that the legislative assembly was not a political convention, nor was it elected to criticise the management of the executive department of the government. It might memorialize, but it should not scold. If necessary, it might impeach officers created by it; but the res- olution did not proceed to that length. It was inappropriate to be considered

686

POLITICAL HISTORY.

ferred to a committee composed of J. A. Hyde, W. C. Gillette, and W. O. P. Hays, the two former, con- stituting a majority, reported in favor of the governor's suggestions, and the latter against them, upon the ground that the laws of the United States did not permit them to grant a special privilege to one com- pany, which in this case they could not afford to ex- tend to other roads, notably to the Northern Pacific, with its 30,400 square miles of land within the terri- tory, besides its movable property when completed. Two bills were introduced, one to comply with the proposition of the Utah Northern, and another to empower the county of Lewis and Clarke to subscribe $300,000 in bonds to that road. In the former case, the law was absolute without being referred to the people; in the latter, it was subject to an election. Both met with much adverse argument, and both were finally defeated. The legislature adjourned on the 23d, having passed nineteen acts, among which were several tending toward a more economical use of the people's money than had heretofore been the practice of the legislators of Montana. 32

or passed by the assembly, and it was recommended that it should not pass. This report silenced the murmur against the governor for doing for once, of his own volition, or at the instance of the railroad party, what they had al- ways been ready to do when their pay was $12 a day for enacting laws which filled the pockets of their favorites. There being no money appropriated, nor any in the treasury, made all the difference, had not congress besides already been driven to reduce their pay to four dollars per diem, and forbidden them to take any pay from the territory.

3% The council of the 11th and extraordinary sessions of 1879 consisted of Armstead H. Mitchell, president, Martin Barrett, William G. Conrad, War- ren C. Gillette, Richard O. Hickman, Anton M. Holter, W. O. P. Hays, Joseph A. Hyde, Frank C. Ives, Richard T. Kennon, William Parberry, Junius G. Sanders, Oscar A. Sedman; clerks, Harry R. Comly, Hayden E. Riddle; sergeant-at-arms and door-keeper, Dennis C. Sheehy; chaplain, Rev. John Armstrong. The lower house was composed of Samuel Word, speaker, Sam- uel Barbour, Elizur Beach, William T. Boardman, Joseph J. Boyer, Edward G. Brooke, Samuel B. Cornick, Caldwell Edwards, James Fergus, John F. Forbis, Alfred B. Hamilton, C. L. Harrington, Joseph E. Marion, Washing- ton J. McCormick, James McElroy, Henry H. Mood, John Noyes, William L. Perkins, John C. Robinson, Wilbur F. Sanders, George Stell, Granville Stuart, John M. Sweeney, James T. Thorpe, Enoch Wilson: clerks, James E. Kanouse, James W. Kemper; sergeant-at-arms and door-keeper, Daniel Searles; chaplain, Mahlon N. Gilbert. The bill reapportioning the territory for legislative purposes was vetoed by the governor because it violated the law of congress requiring the apportionment to be made according to popula-

687

NEW PROSPERITY.

The failure of the railroad bills did not have the effect to prevent railroad-building. The Union Pacific company could not longer defer competing with the Northern Pacific, which was now approach- ing the Montana territory with rapid strides. It therefore constructed ten miles of the Utah Northern within the limits of Montana before cold weather interrupted grading. In the following year it con- structed 110 miles, and in 1881 reached Helena. With the opening of railroad communication a new era of prosperity, which had been slowly dawning since about 1876, greatly assisted the territory in recover- ing from its embarrased financial condition. This, together with the restrictions placed upon reckless expenditure by congress, and the faithful admonitions of Potts, who still held the executive office to the satisfaction of both political parties, finally accom- plished the redemption of the territory. When the governor found that at the meeting of the twelfth legislature the several counties still owed an aggregate debt of $619,899.86, he pointed out over again that this exhibit did not sustain their boasted ability for local self-government,33 and that it must deter immi- gration, and retard the admission of Montana as a state, recommending certain improvements in the laws regulating county affairs.

On the contrary, the improvement in territorial finances was encouraging, there being a net indebted- ness remaining of only a little more than $20,000. Few reforms in county administrations were accom- plished at this session,34 and at the meeting of the

tion, and was made "to answer the demands of locality alone.' The house refused to reconsider the bill, and it was lost.

33 This reproach of the governor was aimed at a continual harping by cer- tain papers on the tyranny of congress, and the greater prosperity of a terri- tory which could be allowed to choose its officers, and manage its own affairs. 34 The council of the 12th legislature was composed of 12 members, accord- ing to an act of congress of 1878, which ordered at the same time the reduc- tion of the assembly to 24 members, and a new apportionment according to population. The members were Joseph K. Toole, president, E. D. Aikin, Joseph A. Browne, Edward Cardwell, R. S. Ford, W. O. P. Hays, J. B. Hubbell, William B. Hundley, J. C. Kerley, Armistead H. Mitchell, William W. Morris, Frank L. Worden; clerks, Harry R. Comley, Haden E. Riddle;

688

POLITICAL HISTORY.

thirteenth legislature, in January 1883, the county indebtedness had reached the sum of $658,974.32, and this, while the assessed valuation of the territory reached the sum of $33,211,319.12.35 The revenue for territorial purposes amounted to $90,863.47, and the treasury of Montana had a surplus of over $14,- 000 in its coffers.

Here, at last, the territorial craft found clear sail- ing. With regard to the public institutions necessary to the peace, the penitentiary contained sixty-seven convicts, whose inaintenance cost seventy-five cents a day, ten of whom earned fifty cents daily at contract labor. During the year 1884 the central portion of the penitentiary building was in process of erection. Fifty-six insane persons were provided for and treated at the public expense, by the contract system. The school system of Montana had reached a condition of much excellence, the schools being graded, and none but competent teachers employed. The population had increased to 40,000, and there was a renewed movement toward a state constitution. Just at this period, after more than twelve years of wise admin- istration, Governor Potts was removed, and John Schuyler Crosby appointed to succeed him, who as- sumed office on the 15th of January, 1883, four days after the meeting of the legislative assembly.36 Crosby

sergeant-at-arms, T. B. Harper; J. T. Mason chaplain. The house of rep- resentatives was composed of John J. Donnelly, speaker, Elizur Beach, John M. Bell, Henry N. Blake, Henry Chambers, Israel Clem, A. L. Corbly, William E. Cullen, W. D. Davis, Stephen De Wolfe, Amos Eastman, James H. Garlock, Michael Hanley, Curtis L. Harrington, Christian B. Houser, Robert G. Humber, Henry A. Kennerly, Henry M. Parchen, James K. Pardee, Jacob M. Powers, J. C. Rogers, Oscar A. Sedman, John Stedman, Enoch Wilson; clerks, James E. Kanouse, James N. Kemper; sergeant-at-arms, D. H. Linenbarger; chaplain, W. Scott Stites. Mont. Jour. Council, 12th sess., 3.

33 The governor's message shows that the county of Lewis and Clarke paid by its commissioners $3,664.40 for about 4 months' work in assessing the prop- erty holders at the rate of 3 per cent per aunum. The sheriff received $1.25 per day each for the board of prisoners; more than boarding-house keepers required of their patrons for first-class fare; and other abuses are mentioned. Yet the people go on to-day electing legislatures from the same party which for twenty years has persisted in these spoliations.

36 The council of the 13th legislature was composed of the following members: Granville Stuart, president, Henry S. Back, W. E. Bass, Edward Cardwell, William A. Chessman, Charles G. Cox, Warren C. Gillette, Arınis-

689

SAMUEL T. HAUSER.

was soon succeeded in the executive office by B. Platt Carpenter, who also served but a brief term, during which the fourteenth regular session of the legislative assembly was held.37 In 1885 the earnest desire of the people was gratified by the appointment of one of their own number, S. T. Hauser,35 governor of Montana. At this favorable period let us turn to the material history of the territory.

tead H. Mitchell, William W. Morris, George D. Thomas, Benjamin F. White, Aaron C. Witter, Alfred B. Hamilton (contestant); clerks, James B. Wells, W. I. Lippincott; sergeant-at-arms, Samuel Alexander; chaplain, L. L. Wood. House of Representatives, Alexander E. Mayhew, speaker, Joseph S. Allen, J. D. Armstrong, Joseph A. Baker, Orlando B. Batten, Henry S. Blake, John E. Clutter, Harry R. Comly, Frank D. Cooper, Thomas Dean, Caldwell Edwards, Sidney Erwin, John F. Forbis, Richard O. Hickman, William T. Jacobs, James E. Kanonse, John F. Maloney, Lee Mantle, Perry W. McAdow, Peter B. Mills, William B. Settle, Daniel O'Grady, Robert C. Wallace, Henry J. Wright; clerks, David Marks, J. W. Kemper; sergeant-at-arms, N. Dickenson; chaplain, Frederick T. Webb. Mont. Jour. Council, 3. The territorial secretary during Crosby's adminis- tration was Isaac D. Mccutcheon; chief justice, Decius S. Wade; associate justice in 2d district, Deer Lodge, William J. Galbraith; Ist district tempo- rarily vacant; attorney-general, John A. Johnston; U. S. district attorney, William H. De Witt; U. S. marshal, Alexander C. Botkin; surveyor-gen- eral, John S. Harris. Mont. Jour. Council, 1883.

37 This assembly consisted of the following members: Council, F. K. Armstrong, president, Martin Barrett, H. R. Buck, Ed. Cardwell, William A. Chessman, W. H. Cotant, Stephen De Wolfe, James Fergus, F. L. Greene, Will Kennedy, A. H. Mitchell, William W. Morris; clerks, David Marks, S. W. Langhorne; chaplain, L. L. Wood; sergeant-at-arms, Amnos Calvin. In the house, James E. Callaway, speaker, J. T. Baldwin, S. V. B. Biddle, Clyde Eastman, Martin L. Emigh, Van H. Fiske, John F. Forbis, George M. Hatch, J. M. Holt, J. H. Jurgens, Conrad Kohrs, P. J. Moore, George R. Nichols, W. H. Norton, J. M. Page, F. L. Perkins, B. F. Potts, John M. Robinson, A. J. Seligman, H. M. Sloan, W. O. Speer, Jesse F. Taylor, George R. Tingle, and J. Wells; clerks, Harry H. Davis, Fred. H. Foster; chaplain, Frederick T. Webb; sergeant-at-arms, Thomas B. Warren. John S. Tooker was secretary of the territory; the judges, the same as in 1883, except that John Coburn was in charge of the 1st district; attorney-general, William H. Hunt. Mont. Jour. Council, 1885.

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History of Washington, Idaho, and Montana : 1845-1889, Part 75

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Frances Fuller, 1826-1902 Publication date: 1890 Publisher: San Francisco : History Co. Number of Pages: 880

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Frances Fuller, 1826-1902
Publication date: 1890
Publisher: San Francisco : History Co.
Number of Pages: 880