USA > Idaho > The history of Idaho > Part 11
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(1) An act to regulate proceedings in civil cases in the courts of justice in the Territory of Idaho. (See pp. 81 to 212, inclusive, 2nd Session Laws.)
(2) An act to regulate criminal cases in the courts of justice in the Territory of Idaho. (See pp. 213 to 297, inclusive, 2nd Session Laws.)
(3) An act concerning crimes and punishments. (See pp. 298 to 333, inclusive, 2nd Session Laws.)
(4) An act to provide a uniform system of Territorial and county revenue and for assessing and collecting the same. (See pp. 334 to 364, inclusive, 2nd Session Laws.)
(5) An act relative to elections to be held on the second Mon- day in August. (See pp. 365 to 376, inclusive, 2nd Session Laws.)
(6) An act to secure liens to mechanics and others. (See pp. 384 to 388, inclusive, 2nd Session Laws.)
All of these subjects had been legislated upon and lengthy laws
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THE HISTORY OF IDAHO
passed on each at the first session, but they seem to have been put out of force before they were ever published. However, this did not deter the Territorial printer. In the course of time, he succeeded in getting the laws of both sessions published in sepa- rate volumes. The first has the certificate of the Secretary dated July 18th, 1864, and must have been printed about November, 1864. On the second, the Secretary's certificate is dated May 1st, 1866, at Boise, Idaho.
We do not propose to comment on the acts of the second session in repealing and amending so many of the acts passed by the first session. Let the readers of this, if they like, hunt up these old laws, examine and judge for themselves.
The members of the second session passed quite a number of other acts of importance, among which are the following:
An act to establish a common school system for the Territory of Idaho. (See 2nd Session Laws, pp. 373-383.)
An act to create a territorial prison commissioner and desig- nate Territorial prisons and keepers thereof. (See 2nd Session Laws, pp. 401-403.)
This act designated the county jails in Nez Perce and Boise counties as Territorial prisons and made the sheriff of these coun- ties prison keepers. The act also made the Territorial Treasurer the prison commissioner. In fact, the power conferred on the com- missioner made him about the whole thing, so far as management and pay went.
Another act passed which seemed to be of some importance bore the title, "An Act to Provide for the Taxing of Foreign Miners," the first section of which reads as follows:
"Section 1. No person not being a citizen of the United States or who shall not have declared his intention to become such, shall be allowed to take gold from the mines of this Territory or hold a mining claim, unless he shall have a license therefor as hereinafter provided."
Section 4 provides that they shall pay a license of $4 per month to mine. Section 6 reads as follows:
"Section 6. That all Mongolians whether male or female, and of whatever occupation, shall be considered foreigners and shall pay a license tax of four dollars for each and every month they reside in this Territory."
Section 10 provides, "The provisions of this act shall be con- strued as applying only to such persons as are inhibited from be- coming citizens of the United States by the laws thereof." So it seems they modified this law somewhat before they were through with it, so the act applied only to Chinamen.
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SECOND IDAHO LEGISLATURE
This legislature also passed an act to change the county seat of Alturas County from Esmeralda to Rocky Bar, an act to incorpo- rate Boise City, and numerous franchises for toll roads, bridges, ferries and for other purposes; also an act reapportioning the members of the legislature and fixing the time of convening the first Monday in December. Representation was allowed as fol- lows :
COUNCILMEN.
REP'S.
Nez Perce County
1
2
Idaho County
1
2
Shoshone County
1
1
Alturas County
1
2
Oneida County
1
1
Owyhee County
1
3
Boise County
4
8
Ada County
1
3
-
Total
11 22
This second session also passed an act permanently locating the capital of the Territory of Idaho. The first section of this act reads as follows:
"That the capital of Idaho be, and is hereby permanently lo- cated at Boise City in the County of Boise in said Territory of Idaho."
This act was approved December 7, 1864. The act was also approved creating the County of Ada and making Boise City the county seat of Ada County, December 22, 1864.
We must give each of these legislators of the first and second sessions credit for having done a great deal of work during the limited time they were in session. In fact, their works when print- ed had the greatest number of pages on record of any law-making power in so short a time. This feat, however, may be accounted for to some extent because of their drawing double pay, four dol- lars per day from the United States, and six dollars per day from the Territory.
Herewith we give the legislative proceedings had on the passage of the act to permanently locate the capital.
LOCATION OF THE CAPITAL OF IDAHO BY ACT OF THE SECOND SESSION OF THE LEGISLATURE OF IDAHO TERRITORY.
The second session of our Territorial legislature convened at Lewiston on November 14th, 1864, and adjourned December 23rd, 1864, having only forty days for each session after the first, in
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which they were allowed sixty. We have already reviewed the at- tempt made at the first session to locate the capital, which appears, under the Act of Congress creating a government for Idaho Ter- ritory, to have remained in the hands or disposition of the Governor until such time as the legislature with the approval of the Gover- nor, by legal enactment, fixed a place of location. We here give the proceedings of both branches of the legislature and the official action of the Governor on the question, taken from the Journals of the respective houses of the legislature, citing dates, pages, etc .:
H. J., p. 26. Nov. 21, 1864.
Notice of bills. Mr. Riggs. For an act to locate the capital of Idaho Territory.
H. J., p. 32. Nov. 23rd. Introduction of bills. Mr. Riggs. For an act to permanently locate the capital of Idaho Territory. Read first and second time and referred to a select committee of three, Messrs. Pierce, Goulder and Riggs.
Nov. 25, H. J., pp. 33 and 34.
Report of special committee on House Bill No. 15. To perma- nently locate the capital of Idaho.
Majority report recommended an amendment in the nature of a substitute to submit the question of the permanent location of the capital to a vote of the people at the general election in 1865. Signed, J. B. Pierce, chairman. The minority report recommended that the original bill do pass. Signed, H. C. Riggs, committee.
House Bill No. 15. H. J., p. 37. Nov. 25, afternoon session.
Mr. Duvall moved to take up House Bill No. 15 to locate the capital. The bill was taken up and a vote taken on the amend- ment reported by the majority of special committee, which was as follows:
Ayes-Messrs. Goulder, Latta, Pierce and Ziegle; 4. Noes- Messrs. Duvall, Hasbrouck, Howard, McIntosh, Parkinson, Riggs, Reed and Sterling .; 8.
Mr. Reed gave notice that on tomorrow he would move to recon- sider the vote by which the amendment was lost.
Nov. 28. H. J., p. 42.
House Bill No. 15, to locate the capital of the Territory of Idaho, was amended and ordered engrossed.
Nov. 29, H. J., p. 44.
Mr. Hasbrouck from the committee on engrossed bills reported House Bill No. 15 correctly engrossed.
Nov. 29, H. J., p. 45.
On motion of Mr. Pierce, House Bill No. 15 was made special order for 2 o'clock.
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SECOND IDAHO LEGISLATURE
Nov. 29, H. J., p. 46.
House Bill No. 15, to permanently locate the capital, was taken up, read a third time and passed by the following vote:
Ayes-Messrs. Duvall, Hasbrouck, Howard, McIntosh, Pierce, Parkinson, Riggs and Sterling; 8. Noes-Messrs. Goulder, Latta, Reed and Zeigle; 4.
Mr. Pierce gave notice that on tomorrow he would move a recon- sideration of the vote by which House Bill No. 15 was passed.
COUNCIL RECORD, SECOND SESSION.
C. J., p. 59, Dec. 1, 1864.
Message from the House of Representatives received announc- ing the passage by that body on the 29th ult. of House Bill No. 15, an act to permanently locate the capital of Idaho Territory. Read first and second time and on motion of Mr. Miller, the bill was referred to the committee of the whole.
Dec. 1. C. J., pp. 61 and 62.
Council resolved itself into committee of the whole, Mr. Dilly in the chair. After spending some time therein, the committee rose and reported through their chairman as follows: "Mr. President, the committee of the whole to whom was referred House Bill No. 15, an act to permanently locate the Territorial capital of Idaho, have had the same under consideration and report favorably and recommend its passage." (Signed) S. B. Dilly, chairman.
Minority report of committee of the whole protesting against the passage of House Bill No. 15. Signed by E. B. Waterbury, S. S. Fenn and Standford Capps.
Majority report adopted and bill passed to third reading.
Dec. 2. C. J., p. 65.
House Bill No. 15 was taken up. Mr. Smith moved to put the bill on its final passage. Motion lost. On motion of Mr. Dilly, the bill was made the special order for Tuesday next.
Dec. 3. C. J., p. 70.
Mr. Dilly moved to reconsider the vote by which House Bill No. 15 was made the order for Tuesday next. The motion prevailed. Dec. 3. C. J., p. 71.
On motion of Mr. Miller, House Bill No. 15, an act to perma- nently locate the capital of Idaho Territory, was read a third time and put on its final passage. The vote of the Council was taken with the following result:
Yeas-Messrs. Dilly, Miller, Smith and Mr. President; 4. Noes -Messrs. Capps, Fenn and Waterbury; 3. So the bill passed.
Dec. 5. C. J., p. 75.
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THE HISTORY OF IDAHO
President of the Council signed House Bill No. 15, an act to permanently locate the capital of Idaho Territory.
The protest against the passage of House Bill No. 15, to locate the capital, was quite lengthy; was dated at Lewiston, Idaho Ter- ritory, December 3rd, 1864, and can be found on pages 61 and 62, House Journal. It was signed as follows: E. B. Waterbury, S. S. Fenn, Standford Capps, members of Council, and J. G. Ziegle, T. M. Reed, Wm. A. Goulder, E. C. Latta, and Alex Blakely, members of the House. The protest was strong in language, but they were short on votes.
Dec. 3. H. J., p. 61.
"Messages from the Council informing the House they had passed House Bill No. 15, an act to permanently locate the capital of the Territory of Idaho; also transmit to your honorable body a pro- test against said bill, signed by Messrs. Capps, Fenn and Water- bury." (Signed) Chas. D. Kenyon, Chief Clerk of Council.
Dec. 5. H. J., p. 67.
Committee on enrollment have examined and found correctly enrolled House Bill No. 15 to locate the capital and this day pre- sented the same to the Governor for his approval.
(Signed) Hasbrouck, chairman.
Dec. 7. H. J., p. 73.
EXECUTIVE DEPARTMENT.
Lewiston, Idaho, Dec. 7, 1864.
To the House of Representatives:
I have this day approved House Bill No. 15, an act to perma- nently locate the capital of the Territory of Idaho.
(Signed)
CALEB LYON, of Lyonsdale, The Governor of Idaho.
This record shows that the bill was passed and approved in ac- cordance with the provisions of the Act of Congress creating and organizing the Territory of Idaho. The act was approved Decem- ber 7th, 1864, and the legislature did not adjourn until December 23rd, 1864. So the claim that the bill was crowded through on the last days of the session, does not appear to be well founded. There was a provision in the bill that it was not to take effect until De- cember 24th, 1864, which would be the next day after adjournment of the session. There appears to have been some litigation and delay about the removal of the records, etc., from Lewiston to Boise, the particulars of which we are not well enough informed concern- ing to state here. Suffice it to say that after some delay, the Ter- ritorial records arrived at Boise and the capital has remained at Boise since that time and is still at Boise City.
CHAPTER XXI.
MINING AND MINING TOWNS IN 1864.
Placer mining started up in good shape in the Spring of 1864 in Boise Basin. By this time several saw mills had been brought in and put in operation, so the miners could get plenty of lumber for building flumes to carry water, and sluice boxes for washing the dirt, sand and gravel from the gold. The majority of the mines in the Basin produced well. During the Spring, Summer and Fall of 1864, there were approximately about sixteen thousand men in the Boise Basin. About one-half of them were engaged in min- ing; the other half were engaged in various kinds of business. There were merchants, lumbermen, hotel and restaurant keepers, butchers, blacksmiths, saloon-keepers, gamblers, theatrical people, lawyers, ministers, ranchers, stockmen, transportation companies ; in fact, almost everybody was busy and making money. A few were dissatisfied, but as soon as they would leave, there were others to take their places, for people were coming very day.
All of the mining towns, and there were a number of them, pre- sented a business-like appearance. On Sundays the business houses, sidewalks and streets were filled with people, laying in their supplies for the week. When I first saw the crowds of men gathered on the streets and but few of them moving, I feared a big row was at hand, and got on an elevated place to watch the great crowd and listen to the conversation. I was agreeably sur- prised to find that it was an amiable, good natured crowd. Having some business across the street, I ventured to try and cross. I got through safely, but was delayed by meeting many old friends, all of whom had a word of greeting to give and a hearty hand shake.
Some writers seem to think that these miners and men in the Basin at that time were a very hard class, but they are very much mistaken. I met and mingled with thousands of these men in the Basin for several years and found very few who were not intelli- gent, well-behaved gentlemen. Occasionally there would be a differ- ence of opinion among some of the men and end in trouble of a seri- ous nature, and there were no doubt a few bad men who would rather hold up a stage or a man to get money than to work for it; but they were few considering the number of people living in so small an area.
Lumber being more plentiful and much cheaper this season, a number of good buildings were put up in the different mining
108
THE HISTORY OF IDAHO
towns and several comfortable residences were built. Many of the business men had their families come to the Basin, and they were a welcome addition to the life in the camps. School houses, churches, court houses and theatres were built and everything moved along in an orderly manner.
In 1864 some attention was paid by a few of the miners to prospecting for quartz. Several locations were made. The one that seemed the most important was located at Quartzburg, about four miles west of Placerville. Considerable development work was done on several locations. Roads were built to the different mining camps and stage lines were put on by Henry Greathouse and Sam Kelley. These stages were on the road from Placerville to Idaho City, via Centerville, a distance of twelve miles, and made the trip four times a day. They were well patronized and did a good business.
About the middle of the Summer, freight wagons began to come in, loaded with merchandise from Umatilla, for the merchants. Rates were lower than they had ever been before, and many things were brought in that could not be well packed on mules, such as large stoves, household furniture, etc.
The old, veteran stage driver, Ward, or "Wardie," as he was usually called, put stock and stage wagons on the road between Idaho City and Boise City in the Spring of 1864. He ran a tri- weekly line carrying passengers and fast freight. He had a fair business, but the road was rough and hard on live and rolling stock, and as everything was very expensive, the enterprise was not a financial success the first year, to the enterprising owner, but it was a great convenience to the two new towns.
The placer mines produced well during the Spring, Summer and Fall of 1864. We have no accurate means of knowing the exact amount of the products of these mines for that season, as the gold was taken out in so many different ways. I think, however, that the amount produced in 1864 was about seven millions of dollars. A great amount of this was carried by Wells, Fargo & Co's. ex- press, but I believe a much larger amount was taken out by pri- vate individuals and conveyances.
CHAPTER XXII.
The third session of the legislative assembly of the Territory of Idaho convened at Boise City, December 4, 1865, and adjourned January 12, 1866. The following named gentlemen were members of the Council:
H. C. Riggs. . Ada County
S. B. Dilley . Alturas and Oneida Counties
S. P. Scaniker . Boise County
H. C. Street. Boise County
A. E. Calloway Boise County
George Ainslie. Boise County
S. S. Fenn . Idaho County
E. Bohannon Owyhee County
President of the Council, E. Bohannon.
The following gentlemen were members of the House of Repre- sentatives :
J. D. Agnew . Ada County
M. Smythe. Ada County
M. R. Jenkins . Ada County
E. T. Beatty Alturas County
B. Crossen
Alturas County
H. Allen.
Boise County
Fred Campbell
Boise County
M. G. Luney
. Boise County
I. L. Tiner
Boise County
James Carr.
Boise County John B. Pierce.
W. H. Parkinson Boise County
Boise County
C. D. Sayrs
Boise County Alex Blakely Idaho County J. A. Ripson Idaho County
James Hays
Nez Perce County
D. P. Barns. Owyhee County
J. W. Carter . Owyhee County
E. J. Worky Owyhee County
Speaker of the House, Alex Blakely.
This legislative body seems to have been very industrious. They enacted into law and had printed, two hundred and seventeen pages, including many amendments to the laws passed at the first and
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THE HISTORY OF IDAHO
second sessions. Included in the works of this legislature are many franchises, memorials and resolutions.
The pay of the members of the legislative assembly and their attaches, as fixed by the Organic Act of Congress creating the Territory of Idaho, was for the members of each house four dol- lars per diem, for the chief clerk, four dollars per diem, and for all other attaches three dollars per diem. The United States gov- ernment paid in currency at par and business in Idaho was done on a gold basis. United States currency was worth in gold fifty cents on the dollar, and the purchasing power of a member's pay was thus reduced to $2.00 per day. Board and lodging cost from three dollars per day up, in gold, and other expenses were in pro- portion. While this legislative body consisted almost wholly of able and patriotic men, they could not work for the people, lose their time and pay half of their own expenses from their own pockets. In order to equalize things and have those for whom they were working help pay the necessary expenses connected therewith, they passed an act making an appropriation of money out of the Territorial treasury to pay each member, in addition to what he received from the government, six dollars per day; to each chief clerk, six dollars per day; to each of the assistant chief clerks, seven dollars per day, and to each of the engrossing and enrolling clerks, sergeant at arms and doorkeepers, six dol- lars per day ; to each porter, six dollars per day and to each page, three dollars per day. These sums were made payable each week during the session. The reason for giving the assistant chief clerks seven dollars per day seems to have been to make the amount re- ceived by the assistants the same as that of the chief clerk. It will be remembered that according to the rate paid by the United States government, the chief clerks and members received four dollars per day, and the assistants only three. It is presumcd that the assistants ranked with the members and chief clerks at that time, and should have the same pay. At any rate, the money was spent in a most liberal way, and certainly the four dollars per day allowed by the government would not have paid the neces- sary expenses of the legislators. Taken as a whole, the third ses- sion did very well in enacting a great deal of good, wholesome legislation.
The Federal officers at the time of the convening of the third session of the legislature were as follows:
Delegate to Congress E. D. Holbrook
Governor
. Caleb Lyon
Secretary Horace C. Gilson
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THIRD SESSION OF LEGISLATURE
Chief Justice. John R. McBride
Associate Justice. . Milton Kelly
Associate Justice S. C. Parks
U. S. Marshal
James H. Alvord
U. S. Attorney
. George C. Hough
These officers were all fairly good men, excepting the Governor and Secretary. The Governor was a smiling, pleasant old gentle- man, so long as he could have his own way about everything. In fact, he seemed to think the people of Idaho did not know any- thing and that it was his duty to instruct them, ladies not ex- cepted. The Secretary, on the other hand, seems to have been of a very selfish nature. He received the funds from the United States Treasury Department to pay the per diem and other ex- penses of the legislature, amounting to some twenty-five thousand dollars. A few days before the legislature met, he engaged passage on the stage for himself and another person to go to Walla Walla, their fare to be paid upon his return within a few days. Secretary Gilson failed to return and also forgot to return the Federal money for the legislators' pay and to pay the stage fare. It is said he skipped to some foreign country. The United States Con- gress had to make another appropriation to pay the legislators. The stage fare still remains unpaid.
While the act fixing the increased compensation of the members and attaches of the legislature, approved January 9, 1866, seemed to cut off the extra pay of the Governor and Secretary, on Jan- uary 12th another act was passed restoring their extra pay. This appears to have been necessary in order to have smooth sailing between the legislative and the executive departments.
Several special appropriations were passed for the relief of different persons, among whom were the following, to be paid from the Territorial treasury: Thos. M. Reed, attorney, $400 for ser- vices in suit brought by the people of Lewiston on account of the removal of the capital; S. E. Dornes, $100 attorney fees in suit about capital; E. J. Curtis, $900 attorney fees for sundry legal services.
This legislature was a little unusually liberal with some of their attaches. They drew pay from the United States and extra per diem from the Territory, but in addition to this, concurrent reso- lutions were passed giving them more, as follows: For chief and assistant clerks of the House, $400.00 (see Resolution No. 2, 3rd Session, p. 300) ; to extra clerks for enrolling bills, $150.00 (see Resolution No. 3, p. 301) ; to sergeant at arms for extra services, $150.00 (see Resolution No. 5, p. 301); also extra pay to several other attaches.
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THE HISTORY OF IDAHO
They passed a bill authorizing the funding of the Territorial debt at 12% per annum (see 3rd Session Laws, p. 156). They amended the act for taxing Chinamen, by increasing the amount from four to five dollars per month. They also passed an act to incorporate Boise City, and acts granting franchises for toll roads, bridges, ferries, railroads, etc., etc., about thirty-three in number. They passed an act authorizing the election of a Terri- torial printer, fixing his pay for certain work, which was well up (see p. 184); also an act for the publishing of the laws of the third session in a certain newspaper (see p. 211). This was another expensive piece of legislation for a few over-burdened taxpayers to have to pay. And there were some other acts, making Boise County and some of her officials preferred creditors to be paid from the funds due from that county to the Territory (see pp. 275 and 279, 3rd Session Laws). In those days, Boise County had a much larger population than any other county of the Terri- tory, collected more revenue and had more representation in the legislature than any other county. In fact, Boise County had one- half of the members of the council and had eight out of nineteen members in the House of Representatives. It would not seem to be a very difficult matter for the delegation from Boise County to control legislation to suit their wishes. But we must not write on this subject, for fear we might say something that might offend some of those good old fellows, for they were all good, whole- souled, liberal men. Boise County mines were producing the most gold, and the county paid the most revenue; they had the most rep- resentation, and it was only natural for them to legislate to suit themselves.
It appears from a report made by the Secretary of the Terri- tory to members of the Third session, January 6, 1866, that the laws of the Second session had not been published, the reason given being that they were held in Lewiston on account of litigation about the capital and was not received by him at Boise City until November 3rd, 1865. (See Council Journal, p. 123, 3rd Session.) Just when these laws were published is a little indefinite. On the title page of both the Second and Third Session Laws is, "Boise City, Frank Kinyon, Territorial Printer, 1866." The certificate of the Territorial Secretary, certifying to the correctness of the laws in the front part of the volume of the Second and Third Ses- sion Laws, bears the same date, which is, "Boise City, this first day of May, A. D., 1866." So it appears to have been a long time after the adjournment of the Second session on December 23rd, 1864, until the people got the laws. The excuses given by the Secretary do not seem to be very good when considered in connec-
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