History of Washington, Idaho, and Montana : 1845-1889, Part 90

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 90
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 90
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 90

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).

" The state board consisted of Governor White, Chief Justice Blake, and Secretary Walker.

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PROGRESS AND STATEHOOD.

state canvassing board had completed its labors with the disputed precinct left out. The result of this "muddle," as the press very properly named it, was that there were two sets of representatives from Silver Bow, one with state-board certificates, and the other with certificates from the clerk of Silver Bow county ; one making the house democratic, the other making it republican.

Judge De Wolfe was said by one party to have dragged his judicial ermine in the mire, and the republican newspapers held up to public view the iniquity of a combination between the Northern Paci- fic railroad and the "big four" of Montana, by which the Montana capitalists expected to get into the United States senate, and the railroad expected to secure the mineral lands in its grant through their influence; while the democratic papers denounced the outrage perpetrated upon the party by the attempt of the republicans to "steal the state of Montana."

Some fear was entertained that the contest over the election would delay statehood, but as there was no doubt of the acceptance of the constitution, President Harrison, on the 8th of November, issued his procla- mation admitting Montana into the union. The news was received at 10:40, A. M., by telegraph from Secre- tary Blaine. There was no public demonstration of joy, and no parade accompanying the inauguration of Governor Toole. Judge Sanders, police magistrate of Helena, administered the oath of office to Chief Justice Blake, in the police court-room, in presence of few witnesses, at 12:30 o'clock of the 8th. A despatch had been sent to Governor White at Dillon, who could not, however, arrive to turn over the office to his successor before the 9th; but Toole was inaugu- rated at two o'clock in the governor's office, in the presence of a number of citizens, the oath being ad- ministered by Chief Justice Blake.º2 After half an

22 After Decius C. Wade, the chief justices of Montana, who had asso- ciated with him during his last term J. H. McLeary, W. G. Galbraith, and

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INAUGURATION OF GOVERNOR TOOLE.

hour of receiving congratulations, Governor Toole telegraphed Secretary Blaine of the oath-taking, and

T. C. Bach, the next chief justice was N. W. McConnell 1887, with the same associates. In 1888 Stephen De Wolfe, Moses J. Liddell, and T. C. Bach were associates. In 1889 Henry N. Blake was chief justice, with Bach, De Wolfe, and Liddell associates.

W. J. Galbraith was born in Freeport, Pa, in 1837, and educated at Dartmouth College, N. H., graduating in 1857. He studied law at Pittsburg, Pa, and was admitted to the bar in 186], but enlisted in the union army as a private in the 12th regt Pa vols. In Sept. he was commissioned Ist lieut of company G, 78th Pa vols, and transferred in Nov. to the U. S. signal corps, in which he served until Nov. 1864. He was captured at Chat- tanooga, and held prisoner in Macon, Madison, Libby, Richmond, and other prisons until exchanged. In 1865 he opened a law-office in Oil City, Pa, where he practised until 1872, when he removed to Nebraska, and practised there 2 years, and was in Cherokee co., Ia, when appointed to the judgeship in the 2d judicial district of Montana in 1879. He was reappointed in 1883.

Stephen De Wolfe was born in Hawkins co., Tenn., in 1833, and educated at the Pennsylvania university at Gettysburg, and Jefferson college, Cannons- burg. He studied law at Lexington, Mo., and Lebanon law school, gradu- ating in 1857, and commencing practice at Lexington, Mo. In 1859 he went to Salt Lake City as agent for Russell, Majors, and Waddell, army coutrac- tors, and subsequently took the editorial management of the Valley Tan. His office was destroyed by a mob for publishing an account of the Moun- tain Meadows massacre, the first one given to the world. He then engaged in live-stock business in Cal., but returned to Salt Lake City as U. S. attor- ney for Utah. In 1879 he settled in Butte, Mont., was elected representa- tive in 1881, and ran for councilman in 1883, but was defeated. He was appointed to the supreme bench in 1888.

William H. De Witt was born in New York in 1855, educated at Hamil- ton college, graduating in 1875, after which he took a regular course at the Columbia law school of New York, received his degree, and was admitted to practice by the supreme court of that city. He practised his profession in New York until 1879, when he came to Helena. In 1881 he removed to Butte. He was appointed U. S. district attorney in 1883, and was justly classed among the leading attorneys of the territory.

W. Y. Pemberton, democratic candidate for attorney-general, was born in Nashville, Tenn., in 1842, was educated at the Masonic college, Mo., read law at the Lebanon law school of Cumberland university, graduated in 1861, and was admitted to practice the same year. In 1863 he came to Montana, forming a law partnership with E. W. Toole at Virginia City, where he re- mained 2 years, when the firm removed to Helena, where he was appointed by Gov. Edgerton first district attorney of Helena district. In 1868 he went to Texas, where he remained until 1880, when he returned to Helena, and removed hence to Butte 2 years later, where he was elected district attor- ney. In 1883 he was elected a member of the constitutional convention of 1884.

The office of attorney-general was created by an act of the extra session of the legislature of 1887, and it was provided that the governor should ap- point this officer by and with the consent of the council. The governor made a nomination, but the legislature adjourned without having ratified it. The first term of the supreme court after the adjournment of the extra session was Jan. 188S, and the county attorneys being exempted by the new law from appearing as counsel for the territory in the supreme court, the gov- ernor commissioned William E. Cullen of Helena to act as attorney-general until the close of the next regular session of the legislature, in 1889. Gov. Mess. 1889, 20-21.

HIST. WASH .- 51

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PROGRESS AND STATEHOOD.

entered upon his duties as executive of the state of Montana, his first official act being to issue a procla- mation convening the legislature on the 23d of the month.

Montana never having had a capitol building, there had been certain halls and rooms in Helena's superb court-house fitted up for legislative uses by the terri- torial secretary in territorial times. But when re- publican State Secretary Rotwitt applied to the county commissioners for possession of the rooms, he was refused, and the rooms were let to democratic Gov- ernor Toole. Further, the chairman of the board of county commissioners pocketed the keys and placed a guard in the halls, while Governor Toole issued a proclamation on the 22d declaring that only members of the legislature with county certificates would be admitted to the hall, to which he, by his agents, held the key. Then State Auditor Kinney, whose duty it was to call the house to order, having been refused the keys by the commissioners, issued a notice to the members of the house of representatives calling upon them to meet in the Iron block, on Main street, at noon on the 23d, which was Saturday.

At the appointed hour the republicans met in the place indicated by the auditor, and the democrats repaired to the court-house. The republicans had thirty-two members, two more than a quorum, and were called to order by the auditor, sworn in by Chief Justice Blake, and their organization perfected, A. C. Witter of Beaverhead county being elected speaker. The democrats also organized, and elected C. P. Blakely of Gallatin speaker, the members being sworn in by a notary public, the doors being guarded to admit no one not holding a certificate of election from county clerks, although, according to the con- stitution adopted by the people, the state board only had authority to issue certificates of this election, the validity of the action turning upon the opinion of the courts, not yet obtained, as to the moment when

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the provisions of the constitution went into operation, whether on the day of adoption, or the day of admis- sion into the union.

The senate met at the court-house, except the democrats, who absented themselves, and as the senate consisted of eight republicans and eight democrats, there was no quorum. Lieutenant-governor Rickards called the senate to order, and the eight members present were sworn in by District Judge W. H. Hunt, 23 after which they adjourned to the 25th. In a caucus that evening, the republicans, on their part, determined to stand on the proposition that only such as were found to be members by the state canvassing board were entitled to seats in the legislature, and that all power to determine further rights resided wholly in the two branches, and not in the governor. On the 25th, both lower houses sent committees to the gov- ernor with information of their organization, but the republicans were told that since he had designated in a proclamation the place of meeting, and they were not there, he could have nothing to say to them. The rival body was recognized, and adjourned for the day.

No change in the position of legislative affairs occurred for some time. The republican senators con-

28 In district No. 1, Lewis and Clarke, W. H. Hunt, R., was elected over George F. Sheldon, D., by a majority of 263.

In district No. 3, Deer Lodge, Theodore Brantley, R., was elected over David M. Durfee, D., by a majority of 270.

In district No. 4, Missoula, C. S. Marshall, R., was elected over W. J. Stephens, D., by a majority of 96.

In district No. 5, Beaverhead, Jefferson, and Madison, Thomas J. Gal- braith, R., was elected over Thomas Joyes, D., by a majority of 158.

In district No. 6, Gallatin, Meagher, and Park, Frank Henry, R., was elected over Moses J. Liddell, by a majority of 223.

In district No. 7, Yellowstone, Custer, and Dawson, Walter A. Burleigh, R., was elected over George R. Milburn, D., by a majority of 73.

In district No. 8, Cascade, Choteau, and Fergus, C. H. Benton, R., was elected over Jere Leslie, D., by a majority of 191.

In district No. 2, Silver Bow, the election being contested, and Judge De Wolfe having commanded the disputed precinct counted in, John J. Mc- Hatton, democrat, was sworn in as well as the republican candidate, and two courts were set in motion. Subsequently, to end the contest, the governor appointed McHatton. The constitution abolished probate courts, which was felt by some counties as a serious check upon their business.

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PROGRESS AND STATEHOOD.

tinued to meet without a quorum, the democrats re- fraining from taking the oath of office in order to avoid being compelled by the sergeant-at-arms to come in. The two separate lower houses met at their respective halls, unable to do more than make a pretense of busi- ness, while the wheels of government were firmly blocked, and the state remained unrepresented in the national senate. Thus matters stood for two or three weeks, when legal process was resorted to as a means of convening the senate, and a joint conference was obtained on the 12th of December, when it was agreed that on the 16th the democrats would come in and take their seats. Accordingly, on that day these senators appeared, and were sworn in by the chief justice. Immediately after the adjournment of the senate, the same day the sergeant-at-arms of the democratic lower house delivered written invitations-warrants they were called-to all the members of the republi- can house, save the five from Silver Bow county, to meet with them at the court-house, and organize into a legal house of representatives. These invitations were not accepted.

On the 17th Governor Toole sent his biennial mes- sage to the legislature, as constituted with a senate not yet permanently organized, and no certain quorum in the lower house. It was read and laid on the table in the senate, and by the democratic house referred to committees, as usual. It contained, besides the infor- ination and recommendations usual in a message, re- grets at the existing complication, but advice to his party to stand by their colors, it being better the deadlock should continue than that any principle of free government should be imperilled, or any right of American electors sacrificed.24

For three days the republican senators endeavored to agree with the democrats upon a set of rules and permanent organization, but without success. On the 19th, a resolution was offered that a plurality vote

" Special telegram to the Portland Oregonian, Dec. 18, 1889.

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LEGISLATIVE TROUBLES.

should be sufficient to elect, which, after a warm de- bate, was carried, and officers elected by a strict party vote, the democrats refusing to take part in the elec- tion, and finally leaving the hall. As the senate was now organized, and as the republicans under their or- ganization had a quorum, that party considered the deadlock broken, and the governor was informed that they were ready to transact business.

But now again the question of rights was taken into court, a member of the republican house from Silver Bow presenting his bill for mileage to the state audi- tor, which was refused settlement. Legal advice was taken, and a writ of mandamus was issued by District Judge Hunt to compel the auditor to audit the bill, or appear in court and show cause why he did not do so. A decision in this case would necessarily involve a decision upon the legality of the Silver Bow elec- tion. All the quibbles of the law were resorted to on both sides, the auditor finally taking refuge apparently behind the statement that he could not pay bills for which no money had been appropriated. The decis- ion of Judge Hunt, which was rendered January 2, 1890, while it carefully avoided the question of the authority of the state canvassing board, declared that upon the proposition in dispute as to whether the au- ditor might issue a certificate to a state officer where there was a legal claim, but no appropriation to pay such officer, the law was clear that he might. And the court found that the relator's petition upon every point but the one by the court decided was admitted, and sufficiently proved by papers apparently regular to be true for the purpose of securing such certificate as prayed for, and that the writ of mandate must be peremptory. This decision was a victory for the re- publicans, but it brought about no change in the legislative situation.

The chief care now was to elect two senators. Before the assembling of the legislature, the men

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PROGRESS AND STATEHOOD.

popularly mentioned who might appear as senatorial candidates were William E. Cullen, Samuel T. Hauser, C. A. Broadwater of Helena, Paris Gibson of Great Falls, W. W. Dixon and G. W. Stapleton of Butte, and Marcus Daly of Anaconda, democrats; and W. F. Sanders, Lester S. Wilson, T. C. Power, C. S. War- ren, Judge Burleigh, I. D. Mccutcheon, and Lee Mantle, republicans. From this abundance of good material it should have been easy to choose men with whom the people would be satisfied. But the party, and not the state, were being considered, and the elec- tion of senators which should be the choice of a joint convention was hopeless. On the 1st of January the republican house and senate elected W. F. Sanders United States senator on the 1st ballot. On the following day, T. C. Power was chosen on the second ballot. The democrats chose Martin Maginnis and W. A. Clarke. Thus was presented the remarkable spectacle of a state government wilfully obstructed by its legislators elect, and sending a double represen- tation to the highest branch of the national legislature. None could be admitted without an investigation.

An equally remarkable and more pleasing spectacle was that of a free people tranquilly regarding the struggle, satisfied that, however it terminated, a rem- edy would be found for the evils resulting, and even that their rights might be more securely guarded in the future for this outburst of rebelliousness.

Montana, like Washington, is richly endowed by the general government. Besides the 16th and 36th sections, devoted to common-school purposes, and not to be sold for less than ten dollars per acre, fifty sec- tions of land were given for public buildings ; five per cent of the sales of public lands for schools ; seventy- two sections for university purposes, not to be sold for less than ten dollars per acre ; 90,000 acres for the use and support of an agricultural college ; for scientific schools, 100,000 acres; for normal schools,

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FEDERAL ENDOWMENTS.

100,000 acres; for public buildings at the capital, besides the fifty sections, 100,000 acres ; and for state, charitable, educational, penal, and reformatory schools, 200,000 acres. With all this, her various resources, her people, and her mines, great is Montana.25

25 There are few early books upon Montana, because in early times it was not much visited, except by miners, who thought little of anything but gathering up the season's spoils and hastening back to home and friends in the east, or who roamed away to newer gold-fields on every fresh excitement. The Montana newspapers contain an unusual amount of good material in de- scriptive and statistical matter furnished by their editors and correspondents. In 1867 G. C. Swallow, at the request of Governor Sinith, made a report upon the resources of the country, which was mentioned in the Virginia City Post, Oct. 19, 1867. Meagher visited every part of Montana, and wrote his 'Rides through Montana' for Harper's Monthly, 1867. Potts wrote excel- lent messages on the condition of the country. Military men contributed not a little to eastern journals concerning the unexpected excellences of soil and climate in Montana, of whom Brisbin was one of the most interested. Mul- lan, from whom I have already quoted as an authority on Washington and Idaho, also mentions Montana briefly in Miners' and Travellers' Guide. J. Ross Browne, in his report on the Mineral Resources, gives a curtailed history of the discovery and working of the mines of Montana; Goddard, in his Where to Emigrate, 1869, gives reports npon the agricultural and mining re- sources of Montana; in Hall's Great West, 1864, 47-54, is a mention of Mon- tana's resources; Fry's Guide Across the Plains contains no more; the Mon- tana Statistical Almanac and Year-book of Facts, published by Bassett, Magee, and Company of Helena in 1869, was a valuable collection of early historical matter; Fisher's Advertising Guule, 1869, contained sketches of the principal towns in the country; Camp's American Year-book, some remarks on the mineral resources of the same, p. 500; Richardson's Beyond the Mis- sissippi, some travellers' tales and observations; E. W. Carpenter, in the Overland Monthly, ii., 385, gives a fair account of Montana as it appeared to him at that period. I have already quoted E. B. Neally, who wrote an article for the Atlantic Monthly in 1866, describing a year's observations in the country at that early period, with much ability. In 1867 A. K. McClure of Pa visited Montana, and during that year corresponded with the New York Tribune and Franklin Repository, entering into the feelings and in- terests of the Montanians with warmth, and writing up their politics, society, and resources with much frankness. These letters were published in a vol- ume of 450 pages, in 1869, under the title of Three Thousand Miles through the Rocky Mountains. Dunraven, in his Great Divide, published in 1876, containing an account of a summer spent about the head of the Yellowstonc, describes the Yellowstone region and national park. At the 11th session of the Montana legislature an act was passed authorizing the publication and circulation of a pamphlet by Robert E. Strahorn, which gave the first con- nected, well-arranged, and authentic account of the physical features and material resources of the country, from which I have quoted often, for want of a better. Subsequently, Strahorn added a historical prefatory chapter, and enlarged his book, Montana and the National Park, which was republished at Kansas City in 1881, with illustrations. In 1882 Robert P. Porter, special agent of the 10th ceusns, published his observations on the industrial, social, commercial, and political development of the west, in a volume of over 600 pages, in which he devotes a brief chapter to Montana's altitudes, climate, and population. In 1883 E. J. Farmer published a volume of 200 pages upon the Resources of the Rocky Mountains, which naturally included Montana, devot-

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PROGRESS AND STATEHOOD.

ing a dozen pages to a general statement of the resources of that country. In 1883 Henry J. Winser published an illustrated Guide to the Northern Pacific Railroad. Remarks upon the climate of Montana, with descriptions of the military posts, may be found in Hygiene of the United States Army. published by the government in 1875; Schott's Precipitation, containing tables of the rain and snow fall for several years; and Cofin's Seat of Empire, 1887, published in 1866. Besides these fragmentary accounts, I have been greatly assisted by information derived from verbal and written recollections and statements here, as elsewhere, in all my historical writings.

INDEX.

Abernethy, A. S., legislator, 98; can- didate for congress, 204; biog., 205; prest of convention, 291.

Abernethy, Thomas, settled at N. Dungeness, 27.

'Active,' survey steamer, 90, 126.

Ada county, Id., created, 458, 465; hist. of, 541-7; stock-raising in, 544.

Adams county, Wash., created, 371. Adams, J. M., receiver, 298.

Adkins, L. H., biog., 355. Agnew, G., land claim, 365.

Agriculture, Wash., 244, 343-5; Id., 539, 573-4; Mont., 738-9, 742-3, 759.

Ahern, P., l't of vols, 167; biog., 363. Ahtanahm, catholic mission, 109; Ind.

fight at, 115; miss. established, 372. Ainslie, Geo., legislator, 466, 470; elected delegate, 475; defeat of, 1882, 567.

Alaska, U. S. terr., 270; advantages to Wash., 271-2.

'Alhion,' ship, 17.

Albion, co. seat, etc., Cassia, Id., 551. Alden, Capt. J. R., survey exped., 90; arrests Ind. murderer, 93.

Alder creek named, 628; mining at, 629-30.

Alder gulch, result of discovery, 720. Alexander, John, settles on Whidbey

isl., 30; co. com., 59, 79; aids road- making, 65.

Alki point, settlers at, 21-3; saw-mill, 33.

Allen, A., biog., 321. Allen, Charles, murder of, 452.

Allen, E. L., road-making, 65; claim, 365.

Allen, G. W. L., settled on Whidbey isl., 30; co. com., 59. Allen, H. E., biog., 308.

Allen, James, settles in Thurston co., 67; biog., 364.

Allen, Lt Jesse K., exped. against Yakimas, 196.

Allen, John B., biog. etc. of, 316. Allen, O. R., biog., 769.

Allman, John C., land claim, 86.

Allyn, Ephraim, aids in road-making, 65.

Allyn, F., assoc. judge, 300.

Allyn, James H., aids in road-making, 65.

Alston, Edw. D., biog., 694.

Alturas county, Id., boundaries of, 444-5; name and descript., 547.

Alverson, James, aids in road-mak- ing, 65.

Alvord, Gen., com'd of dist, 229; es- tablishes post, 483.

Anaconda mine, hist. of, 764.

Anders, T. J., sup. ct. judge, 314; biog., 317.

Andersou, J. M., dep. collector, fate of, 224.

Anderson, J. Patten, appointed U. S. marshal, 62; del. to congress, 201.

Andrews, L. B., del. to conven., 291. Angelo, C. A., Idaho, 405.

Aram, John, biog., 553.

Armstrong, Maj., fight with Inds, 115; campaign, 143.

Arnett, Wm, execution of, 619-20.

Arnold, Lieut, establishes depot in Bitter-root val., 605.

Ashley, James M., gov. of Mont., 673-4.

Assotin county, Wash., created, 371.

Augur, Capt., in Ind. fight, 115. Austin, C. G., biog., 317.

Austin, E. W., land claim, 365.

Bach, E. W., biog., 771. Bachelder, Chas C., lays out town, 19-20. Bachelder, J. M., arrival, 54; plot, 172-3.

(809 )

810

INDEX.

Bad lands of Mont., 598-9.

Bagg, C. S., report of, 645.

Bagley, C. B., rev. collector, 297.

Bailey, Chas, murder of, 95. Bailey, Robt S., settled on Whidbey isl., 30; explorations, 386. Baker, J. A., biog., 776.

Baker, J. N., legislator, biog., 292.

Baker, J. S., biog., 317.

Balch, F. S., del. to convention, 40. Balch, Lafayette, establishes Port Steilacoom, 18; in railroad enter- prise, 270.

Ball, Sergt Edw., escape from Inds, 181.

Ballard, David W., gov. Id., 467-8; character and policy, 468-71.

Ballston, Win, settler in Dwamish val., 26.

Baltic, Mr, settled on Whidbey isl., 30.

Bannack City (see also Idaho City), founded, 407; legislature at, 644; sketch of, 753.

Bannack mine, value of, 528.

Bannacks, treaty with, 515; troubles with, 517 et seq.

Banner City, Id., founded, 429.

Banta, E. S., biog., 745.

Barbour, A. K., biog., 770.

Barclay, Forbes, land claim, 86.

Barlow, Corp'l J. T., death of, 94.

Barktroth, Gabriel, land claim, 86.

Bernard, Capt., fight with Bannacks, 520.

Barrack, Alex., biog., 556.

Barrack, Joseph, biog., 556.

Barrington, Edw., settled on Whidbey isl., 30; lieut of vols, 167.

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History of Washington, Idaho, and Montana : 1845-1889, Part 90

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