History of Washington, Idaho, and Montana : 1845-1889, Part 88

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 88
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 88
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 88

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).

Hauser, who was appointed governor in July 1885,3 resigned late in 1886, and H. P. Leslie of

2 The other candidates nominated in convention were, M. A. Meyendorff of Helena, Hiram Knowles of Butte, Caldwell Edwards of Gallatin, George O. Eaton of Gallatin, and M. J. Leaming of Fort Benton. The names of other republicans mentioned in connection with this convention werc, George Irvin of Silver Bow, Henry N. Blake of Madison, J. V. Bogert of Gallatin, Charles H. Gould of Custer, I. Rotwitt of Meagher, I. D. Mccutcheon of Lewis and Clarke, Orville B. O'Bannon, T. H. Carter, and Alex. C. Botkin.

3 'T'he territorial secretaries from the organization down to 1888 were. Henry P. Torsey, commissioned June 22, 1864; John Coburn, March 3, 1865; Thomas F. Meagher, Aug. 4, 1865; James Tufts, March 28, 1867; Wiley S. Scribner, April 20, 1869; A. H. Sanders, July 19, 1870; James E. Callaway,

783

GOVERNOR LESLIE.

Kentucky received the appointment. Governor Les- lie found the territory prosperous and peaceful, giving him little anxiety on any account. He seemed by his reports to be impressed by its probable future great- ness, and to feel a pride in its advancement. More he could not do than to remind the general government how little it had done towards the encouragement of this aspiring commonwealth, and this he did not fail in doing.

The legislature of 1887 neglected to make an ap- propriation for printing its journals, and therefore no notice can be taken of its proceedings.4 Partisan feel-

Jan. 27, 1871; James H. Mills, May 10, 1877; Isaac D. Mccutcheon, 1881; John S. Tooker, April 21, 1884; William B. Webb, 1886-8, and Louis A. Walker, 1889.

Territorial treasurers, John J. Hull, 1864-6; John S. Rockfellow, 1866-7; William G. Barkley, 1867-71; Richard O. Hickman, 1871-5; Daniel H. Weston, 1875-87; W. G. Prewitt, 1887-9.

Territorial auditors, John S. Lott, 1864-6; John H. Wing, 1866-7; Wil- liam N. Rodgers, 1867; George Callaway, 1874, resigned; Solomon Starr, 1874-6; David H. Cuthbert, 1876-87; James Sullivan, 1887-9.

Superintendents of public instruction, Thomas J. Dimsdale, 1864-6; Peter Ronan, resigned, 1866; Alexander H. Barrett, resigned, 1866; A. M. S. Carpenter, 1866-7; Thomas F. Campbell, 1867-9; James H. Mills, resigned, 1869; S. G. Lathrop, 1869-72; Cornelius Hedges, 1872-8; R. H. Howie, 1878-83; Cornelius Hedges, 1883-5; W. W. Wylie, 1885-7; N. C. Logan, 1887-9.

Receivers of United States land-office, George McLean, 1867-70; Richard F. May, 1870-2; Solomon Starr, 1872-5; H. M. Keyser, 1875-7; J. V. Bogert, 1877-9; Frank P. Sterling, 1877-9; E. Ballou, C. H. Gould, Z. F. Burton, John T. Carlin, H. S. Howell, John T. Carlin, Abram Hall, dates of commissions not known.

Registers of United States land-office, Orville B. O'Bannon, 1867-9; Lorenzo B. Lyman, 1869; Addison H. Sanders, 1870-2; William C. Child, 1872-5; James H. Moc, 1875-9; David Wilson, 1879; E. A. Kreidler, Francis Adkinson, O. P. Chisholmn, Washington Berry, S. W. Langhorne, Eddy F. Ferris, A. Grover, dates of commissions not known.

Collectors of internal revenue, Nathaniel P. Langford, 1864; Andrew J. Simmons, 1868; W. B. Judd, acting collector, 1869; Samuel L. Watson, 1869; Thomas P. Fuller, 1873-83; James Shields.

Assessors of internal revenue, Truman C. Evarts, 1864; Lucius B. Church, 1870-3.

Collectors of customs for district Montana and Idaho, John X. Beidler, 1867; Walter W. Johnson, 1869; Thomas A. Cummings, 1873; William A. Hunt, 1881; Thomas A. Cummings, James H. Mills.

Surveyors-general United States land, Solomon Meredith, 1867; Henry D. Washburn, 1869; John E. Blaine, 1871-3; Andrew J. Smith, 1874; Ros- well H. Mason, 1877-9; John S. Harris, 1881; B. H. Greene. Id. 259-60.

" The councilmen elected in November 1886 were, G. L. Batchelder, Beaverhead co .; E. Cardwell, Jefferson; T. E. Collins, Choteau; R. O. Hick- man, Madison; S. L. Holliday, Gallatin; W. B. Hundley, Lewis and Clarke; Will Kennedy, Missoula; J. K. Pardee, Deer Lodge; J. E. Rickards, Silver Bow; W. H. Sutherlin, Fergus and Meagher; J. J. Thompson, Custer; E. C.

784

PROGRESS AND STATEHOOD.

ing, although gaining force and momentum as the prospect of statchood assumed greater certainty, had not been permitted to mar the tranquillity of com- munities. For twenty-four years every legislature had been democratic, but in 1888 there was a sufficient number of republicans elected to give that party a working majority in both branches of the legislature.

The principal measures of general interest acted upon at the sixteenth session of the Montana assem- bly, which met January 17, 1889, were, the passage of a memorial relating to a bill introduced in congress by delegate Toole to grant to the territory the aban- doned Fort Ellis reservation for educational purposes;5 the appointment of a commission to codify the laws

Waters, Dawson and Yellowstone. The representatives elected were, W. W. Alderson, F. K. Armstrong, C. W. Hoffman, Gallatin; H. N. Blake, Madison; L. A. Brown, Beaverhead; J. W. Buskett, Jefferson and Lewis and Clarke: T. L. Gorham, William Muth, Lewis and Clarke; C. W. Hanscomb, Silver Bow; E. N. Harwood, Yellowstone; J. M. Holt, E. H. Johnson, Cus- ter; J. E. Kanouse, Fergus and Meagher; Lee Mantle, William Thompson, Silver Bow; T. C. Marshall, Harrison Spaulding, Missoula; J. M. Page, Beaverhead and Madison; C. R. A. Scobey, Dawson; J. F. Taylor, Choteau; Jacob Titman, Fergus and Meagher; J. R. Toole, M. W. White, Deer Lodge; Enoch Wilson, Jefferson. Auditor's Rept, 1886, 41.

5 Montana had net, like Washington and Idaho, provided for a territorial university. Two reasons seem to have operated to account for this neglect by a people so enterprising: one, the heavy indebtedness of the counties, which, in 1888, amounted to $1,500,000; and the other, that a large amount of money was annually expended upon the educational system of the terri- tory, which provided excellent public scheels. It was thought that the government buildings at Fort Ellis might serve for the foundation of a uni- versity. The members of the county teachers' institute, which was held at Missoula in 1889, pledged themselves to use their best endeavors to secure its location at that place, giving as their reasons that the climate was unexcelled in the state, and that the university lands were located in that county, with other considerations, such as the fact that Missoula was entitled to one of the state institutions.

The founder of Missoula was C. P. Higgins, who was born in Ireland in March 1830, and received a business education in the United States. He enlisted in the U. S. army at the age of 18 years, serving 5 years in the dragoons. He was a member of the Gov. Stevens expedition in 1853, as- sisted in the first survey of the N. P. R. R., and was with Stevens when he made his treaties with the Blackfoot, Flathead, Cœur d' Alene, and Spokane tribes. In 1860, he settled in Hellgate valley, near the present site of Missoula, and engaged in trade. In 1865, he located the town, and removed to it, in company with Worden, they erecting lumber and flouring mills. In 1870 they opened a bank, of which Capt. Higgins is president. He is also interested in horse-raising, and owns several valuable farms and mining prop- erties. He married, in 1862, Miss Julia P. Grant, and has 9 children.

The first convention of the Montana state teachers' association was held at Dillon, in Beaverhead co., Dec. 26-28, 1889, Mrs. H. S. Simmons, of Hel- ena, president.

785

LEGISLATION.

of Montana;" the enactment of a law regulating the practice of medicine and surgery; acts establishing some county boundaries; an act to provide for the organization, regulation, and discipline of the national guard of Montana; the refusal by the legislature to appropriate money to send an exhibit of Montana pro- ductions to the Paris exposition;7 the creation of the office of mine inspector, which was to secure greater safety in mining; the consideration of numerous peti- tions requesting the legislature to memorialize congress to take such action as would preserve the mineral lands of Montana free from title, or claim of title, in any railroad company, and continue it open for explo- ration and location;8 also the enactment of a registra- tion law which should secure the purity of elections.

These latter two measures were of the greatest im- portance. Should railroad companies claim the min- eral lands to be found within the limits of their grants, many mining claims already opened would be forfeited, or if not forfeited, their development must be delayed until congress or the courts had determined their pro- prietary rights, The question was brought to the attention of the people by the action of the Northern Pacific railroad company advertising certain appli-

6 The commissioners appointed were, Newton W. McConnell and B. Platt Carpenter, of Lewis and Clarke co., and F. W. Cole, of Silver Bow co. Mont. Jour. Council, 1889, 307.

" The proposition came from the governor in his message to the legislature. The reply of the committee to whom this part of the message was referred was, first, that there was not time to make a creditable collection, the mines being covered with snow at that season. But the chief argument was that while Montana had been proven to be the greatest producer of the precious metals of any of the states or territories; and while every honest laborer and capitalist would be welcomed to the territory, the United States prohibited any alien from investing in mining properties during territorial dependency. What, then, would be the use of going to the expense of making an exhibit at Paris, when foreign capitalists knew they were debarred from investment? This appears a very petty spleen, especially as state government was antici- pated, when alien mine-purchasers would be desired, and might be procured by an expenditure of $20,000.

8 Six petitions were sent from Jefferson co., aggregating 366 names, - two from Madison, with 65 names attached; four from Deer Lodge, containing 238 names; and five from Silver Bow, with 130 names-all desiring a law of congress settling the doubt as to the title to mineral lands in the odd sections within railroad limits. Mont. Jour. House, 1889, 197. Butte co. also sent two petitions of 65 names.

HIST. WASH .- 50

786

PROGRESS AND STATEHOOD.

cations for patent on mineral lands, and by rulings of the land department which appeared to be adverse to the mineral claimants, together with the probability that patents might be issued to the railroad company regardless of the rights of mine-owners. These ap- prehensions led to the holding of a mineral-land convention at Helena on the 29th of November, 1889, of which Lee Mantle was president, in order to devise new ways of meeting a serious crisis in the affairs of Montana, 2,000,000 acres of the richest mineral land, including the famous Oro Fino district, being involved in the threatened coup of the rail- road company.9

A registration law was passed, which it was believed would secure purity of the ballot, the form of ticket adopted being, except some modifications, that used in what is known as the Australian system. It secures secrecy 10 by placing upon the same ticket the names of opposing candidates, the voter marking off those he does not approve. Under this system ballot- box stuffing is prevented; and except extraordinary intimidation were used, would always give correct re-

" The claim of the N. P. R. R. was, that if a mine should be discovered on its land, the burden of the proof that the land was more valuable for its minerals than for anything else should rest upon the claimant, and not upon the railroad. If the road, it says, is to be compelled to surrender its title to any land because some one calls it mineral land, the titles to a vast amount of property between Duluth and the Pacific coast would be imperilled. The company claims that if a man wishes to locate a mine on any part of its granted lands he must furnish absolute proof that it is more valuable as mineral than as agricultural land. Portland Oregonian, Nov. 4, 1889. It is easy to see how Montana, in which the N. P. R. R. owns 19,000,000 acres of land, much of which is undoubtedly mineral, will, without the intervention of congress, become involved in endless litigation.

10 The oath taken by the Montana legislature, and designed to prevent corruption in that body, was as follows: 'I do solemnly swear that I will support, protect, and defend the constitution of the United States, and the organic act of the territory of Montana, and that I will discharge the duties of my office with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valu- able thing, to procure my nomination or election, except for necessary and proper expenses, expressly authorized by law; that I have not kuowingly violated any election law of this territory, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance, of any act or duty pertaining to my office, other than the compensation allowed by law. Montana Jour. House, 1889, 2.

787

CONSTITUTIONAL CONVENTION.

curns. A law reapportioning the legislative assembly of Montana was also enacted at this session, which expired March 14th, having passed in both houses a memorial to congress relating to admission into the union. A few days later, congress passed the enabling act authorizing a constitutional convention.

By the election of November 1888, Thomas H. Carter, republican, was chosen delegate to congress.11 Subsequent to the adjournment of the legislature Benjamin F. White of Dillon was appointed gover- nor 12 by President Harrison. The passage of an enabling act by a republican congress also gave to Montana politics a new, and, by many, an undesired turn. However, the people were nearly unanimous in favor of state government, and proceeded with great good humor to the election of their constitution- makers. The convention assembled July 4th at Helena, electing William A. Clark president,13 and

11 W. A. Clark, democrat, was opposed to Carter. The vote was 22,468 for Carter, and 17,360 for Clark.

12 B. F. White was born in Mass. in 1838. When 20 years of age he shipped as a seaman before the mast for a voyage to San Francisco, and lık- ing California, remained there, finding employment on a fruit-farm in Napa co. until 1866, when he went to Idaho, where he was appointed clerk of the U. S. district court, which position he filled until 1878, when he removed to Montana, settling at Dillon, in Beaverhead co. He was elected to the terri- torial legislature in 1882, serving one term. On the organization of the First National bank of Dillon he was elected cashier. He was appointed governor in March 1889. He is described in the Northwest Magazine of May 1889 as being 'a man of distinguished appearance. His thin face, gray hair, mous- tache, and imperial give him the look of a French general.'

13 Clark was also president of the constitutional convention of 1884. He was born near Connellsville, Fayette co., Pa, and educated in the public schools and Laurel Hill academy. He removed with his father to Iowa in 1856, where he engaged in farming and school-teaching during one year, after which he attended an academy one term, followed by a term at the university at Mt Pleasant, where he began the study of law, which he prosecuted for two years, after which he again resorted to teaching. In 1862 he drove a team across the plains to the South Park, Colorado, and worked in the quartz mines at Central City until 1863, when he came to Montana, arriving at Ban- nack July 7th, sixty-five days from Central City, with an ox-team. His career in Montana has been one of remarkable activity and success. Mining, freighting, merchandising, mail-contracting, cattle-trading, gold-dust buying and selling, and all the various avocations of a new country were in turn made to yield their profits, and sometimes also their losses. In 1868 he formed a partnership with R. W. Donnell of New York, and opened a whole- sale mercantile bouse at Helena, which was removed in 1870 to Deer Lodge, and consolidated with a large house owned by Donnell, when S. E. Larabie

788

PROGRESS AND STATEHOOD.

William H. Todd chief clerk. Its material was of the best of both political parties, who worked to- gether harmoniously, and "grateful to almighty God for the blessings of liberty," ordained and es- tablished in due time the constitution of the state of Montana. 14

was admitted to the firm, and a banking-house established by them. to which, finding it necessary to give their whole attention, they sold ont the merchan- dise, and in 1872 organized a national bank, of which Clark was elected pres- ident. In 1878 they surrendered this charter, and continued the business under the former name and style, with a branch at Butte, where they erected an elegant bank building. In 1884 Clark and Larabie purchased Donnell's interest in all their Montana business.

Mr Clark had in the mean time become interested in the quartz mines of Butte, owning in the Original, Colnsa, Mountain Chief, and Gambetta mines, and had spent a year in the school of mines of Columbia College, New York, where he acquired a knowledge that was of the greatest service to him in his subsequent extensive experience in mining. In 1879 he organized the Colorado and Montana Smelting company. He later became part owner in about fifty mines of copper, silver, and gold, and of very valuable con- centrating, calcining, and smelting works, and also owner of a one-third interest in the Shoshone Falls property in Idaho; besides having large inter- ests in water and electric-light companies and real estate. The offices held by him at various times were that of state orator to represent Montana at the cen- tennial exhibition in Phila; of grand master of masons; of major of the Bnttc hattalion of volunteers in the Nez Perce war of 1877; president of the state convention of 1884; commissioner to the world's industrial and cotton expo- sition at New Orleans in 1885; and lastly, president of the state constitu- tional convention of 1889. He is very wealthy, and having been the maker of his own fortune by legitimate means, is justly regarded as a shining exam- ple of a 'great westerner.'

"+ The following persons were members of the constitutional convention: William A. Clark, Walter M. Bickford, J. F. Brazelton, Peter Breen, E. D. Aiken, Simon R. Buford, William Mason Bullard, Walter A. Burleigh, Alex. F. Burns, Andrew J. Burns, Edward Burns, James Edward Cardwell, B. Platt Carpenter, Milton Canby, William A. Chessman, Timothy E. Collins, Charles E. Conrad, Walter Cooper, Thomas F. Courtney, Arthur J. Craven, W. W. Dixon, D. M. Durfee, William Dyer, William T. Field, George O. Eaton, J. E. Gaylord, Paris Gibson, Warren C. Gillette, O. F. Goddard, Fielding L. Graves, R. E. Hammond, Charles S. Hartman, Henri J. Haskell, Luke D. Hatch, Lewis H. Hirshfield, Richard O. Hickman, S. S. Hobson, Joseph Ho- gan, Thomas Joyes, Allen R. Joy, J. E. Kanouse, A. R. Joy, W. J. Kennedy, H. Knippenberg, Hiram Knowls, Conrad Kohrs, C. H. Lond, Llewellyn A. Luce, Martin Maginnis, J. E. Marion, Charles S. Marshall, William Mayger, P. W. McAdow, C. R. Middleton, Samuel Mitchell, William Muth, Altred Myers, William Parberry, W. R. Ramsdell, G. J. Reek, John C. Robin- son, L. Rotwitt, J. C. Rickards, Francis E. Sargeant, Leopold F. Schmidt, George W. Stapleton, Joseph K. Toole, J. R. Toole, Charles S. Warren, William H. Watson, H. R. Whitehill, Charles M. Wehister, George B. Win- ston, Aaron C. Whittier, David G. Brown. Helena Independent, Ang. 27, 1889.

J. K. Toole was born in Savannah, Mo., in 1851. He received his edu- cation in the schools of St Joseph and the western military academy at Newcastle, Ky, after which he studied law in that state, and came to Mon- tana in 1809, where he was admitted to the bar, and commenced the practice

789

CONSTITUTIONAL PROVISIONS.

This instrument possesses, in the main, the same features which distinguish the constitutions of all the

of his profession. In 1872 he was elected district attorney, which office he held for several terms. He was elected to serve at the twelfth session of the territorial legislature, and choseu president of the council. He was elected a member of the constitutional convention of ISS4, and in the autumn of that year was chosen delegate to congress to succeed Martin Maginnis, and re- elected in 1886.

J. E. Rickards was born in Delaware in 1848. In 1873 he went to Colo, where he resided until 1879, when he removed to Sau Francisco, remaining there until 1882, when he came to Montana, making his home at Butte. He was chosen a member of the Butte City council in 1885, and elected member of territorial senate in 1887. He was, after the adoption of the constitu- tion, a candidate for the place of lieutenant-governor, which he obtained.

W. W. Dixon was born in Brooklyn, N. Y., in 1838, and migrated with his parents to Ill. in 1842. He received his education at Quincy, Ill., and Keokuk, Ia. In 1862 he went to Nev., where he remained until 1866, when he came to Montana, and entered upon the practice of the law. He was a member of the legislature in 1871, and of the state convention of 1884. Al- though interested iu mining, later he continued to practise his profession, avoiding office.

John R. Toole, born in Maine in 1849, removed with his parents to Madi- son, Wis., in 1855, where he was educated. In 1873 he went to Utah, where he worked in the mines for five years, going to Idaho in 1878, where he again mined until 1884, when he came to Montana, settling at Anaconda, Deer Lodge co., his present home. In 1886 he was elected to the territorial legislature, reelected in ISS8, and was nominated for the state legislature in 1889.

H. Knippenberg, born in Germany in 1843, immigrated with his parents to the U. S. in 1848. He was a manufacturer in Indianapolis, when, in 1881, he accepted the position of superintendent of the Hecla mines, in Beaverhead co. When he came to Montana the Hecla Company was $77,000 in debt. Under his management the company built $300,000 worth of improvements, and paid dividends of over $1,500,000 in cash. He made his residence at Glendale, Beaverhead co.

Edward Cardwell, born in Wellington co., Canada; in 1841 went to Michigan, and in 1878 to Utah, whence he soon came to Montana. He first mined at Virginia City for six years, after which he settled on a rancho on the Yellowstone, near Stillwater.

Hiram Knowles, horn in Hampden, Penobscot co., Me, in 1834, removed with his parents to that part of Hancock co., Ill., which is uow Warren co., but afterwards to Iowa, from which state, in 1850, he went with his father to Cal., returning the following year to Keokuk, Ia. In 1854 he entered Den- mark academy, and subsequently Antioch college, after which he studied law with Judge Miller of Keokuk, and was admitted to the bar in 1859. He attended lectures at Cambridge law school, graduating in 1860, when he began practice. In 1862 he went to Dayton, Mo., and was appointed dis- triet attorney for Humboldt co., and elected probate judge. In 1865 he removed to Idaho City, but the following year came to Montana and en- gaged in mining for a few months, when he returned to Keokuk to practise law. In 1868 he was appointed one of the supreme judges of Montana, which position he filled with distinction until 1879. In ISSI he formed a law part- nership with John F. Forbis of Butte, and took up his residence there.

L. H. Hershfield, horn in Oneida co., N. Y., in 1836, went to St Louis in 1854, and in 1859 to Leavenworth, Kan., whence he migrated with the gold- seekers to Colo, going into merchandising at Central City. In 1864 he came to Montaua with a train of 26 wagons, which he sold out on arriving at Vir-

790

PROGRESS AND STATEHOOD.

younger states, which are even more jealous of their liberties than their elders. While restricting legisla-

ginia City, to engage in buying gold-dust. In 1865 he established his present banking business in Helena, being also at the head of the firm of L. H. Hersh- field & Co., of Virginia City. In 1882, with his brother, he organized the Merchants' National bank, with a capital stock of $150,000. He also, in 1880, established a bank at Benton, and in 1883 another at White Sulphur Springs, in which property he is largely interested. He became one of the chief capi- talists of Montana.

Martin Maginnis, a native of Wayne co., N. Y., was born in 1840, but removed to Minnesota when young, where he was educated by an academic and university course. He left college to take charge of a democratic journal, but when the rebellion broke out, left his desk to join the union army, enlist- ing as a private in the 1st Minn. vol. inf. in 1861. After the battle of Bull Run he was commissioned 2d lieut; promoted to Ist lieut in 1862, and to cap- tain in 1863. In 1864 he was commissioned major of the 11th Minn. vol. inf., and transferred to the army of the Cumberland, serving under Gen. Thomas until mustered out in 1865. The following year he came to Montana and edited and published the Helena Gazette, a political paper, through which means he was elected to the 43d congress in 1872, remaining in this office until 1885, when he was succeeded by J. K. Toole, another democrat.

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History of Washington, Idaho, and Montana : 1845-1889, Part 88

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