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THIRD SESSION OF LEGISLATURE
tion with his duty as a Federal officer, over whose official duty the Territorial courts had no jurisdiction.
We give below extracts from Governor Caleb Lyon's message to the Third session of the legislature of the Territory of Idaho, dated December 8th, 1865:
"Gentlemen of the Council and House of Representatives:
"The temple of war is closed. No more shall its iron-mouthed and brazen-throated cannon peal forth dread 'misereres' over half a thousand battlefields, where sleep their last sleep-the victor and the vanquished. No more shall the ear of night be pierced with the echoes of fierce assault and stubborn defense from en- compassed and beleagured cities. The conflict is over, and with it expired the cause.
"They who appealed to the last argument of kings, appealed in vain. The Constitution of our common country has been vindi- cated and the Union gallantly sustained. The destroyers have become restorers, and those who were the last in war have been the first to hail the glorious advent of peace. Each returning State is welcomed with National joy; each renewed tie of the ancient fra- ternity of feeling is another evidence of the wisdom of the Gov- ernment in its position-that Statehood may be suspended, but can only with annihilation die. I heartily congratulate you as a source of profound gratitude to the God of Nations, that the representa- tives of thirty-seven sovereignties will assemble this December, as of yore, at the Capitol at Washington, over which the old flag floats with a new splendor, lighted by the Stately stars of perfect constellation. In older communities the many precedents, like lamps, guide the feet of the legislators in the beaten way, but here in the paramount interest that presents itself, our legislation has no analogies. Personal security; protection of property; the fos- tering of moral and material advancement-will give wide scope for your judicious investigation and patient research. To your care, your wisdom, and your judgment, have been confided, in part, the welfare of the people of the Territory, and under such auspi- cious circumstances you may, as representatives, prove worthy of their fullest confidence.
"For the better encouragement of ranchmen and farmers, who are making the valleys golden with grain, and who are growing in great perferction the most of our edible roots as well as the fattening of kine; who, by their labors in man's primeval occupation give health and prosperity to our growing community, I would suggest the propriety of incorporating a 'Territorial Agricultural His-8
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THE HISTORY OF IDAHO
Society,' for improvement in the breeding of stock, as well as in the labors of the dairy; being confident that the annual fairs, as in other portions of the United States, would be promotive of great good and mutual benefit. Annual addresses and distributions of premiums, would be occasions where entertainment and instruc- tion would most harmoniously blend. The comparison of different modes of culture, the gathering together of natural productions, as well as female handicraft; with the interesting varieties of stock from home as well as that reared abroad; with each year changing the location of the fair from one of the larger places in the Terri- tory to another; with the natural inter-mingling of citizens and interchange of ideas-could not but elevate us as individuals, and still further as a young and promising commonwealth.
* *
"The following localities, in good paying placer diggings, have been wrought with success the past year, and in a majority of them gold and silver-bearing quartz ledges are being developed: Elk City, Oro Fino, Clearwater Station, Salmon River, Miller's Camp, Warren's Diggins, Meadow Creek, Snake River bars, Gold Fork on the Payette, Boise Basin-embracing Placerville, Centerville, Pioneer City, Idaho City, Buena Vista Bar and Moorestown. The Owyhee District, embracing Boonville, Ruby and Silver cities, War Eagle and Sterling mountains, Flint, Mammoth, and Steele. Vol- cano District, with Wood River, while South Boise-embracing Esmeralda, Rocky Bar, Red Warrior, Bear Creek, Elk Creek, Yuba, Silver Mountain, and Silver Creek-attract much attention from each new development.
"New mines on Bear River, and in the Goose Creek Mountains, also in the vicinity of Lemhi and Soda Springs, have been re- ported from authorities entitled to confidence.
"All legislation should be carefully molded to invite capital, and the greater the inducements held out, the more rapidly will our population be increased and the greater the people's prosperity.
"Here the emigrant will find the highest price paid for his la- bor, and here the farmer will find the highest price known for his produce.
"Valley lands of great fertility await the grain-grower, and boundless fields of the best pasturage for the herder and grazer. A healthy climate, an exhilarating atmosphere, with a warm welcome to all those who come to make this their home.
"A bird's-eye view of the accumulating discoveries in our min- eral resources, reveals that we have no less than three thousand gold and silver-bearing quartz ledges, graded in their value as in
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THIRD SESSION OF LEGISLATURE
their richness, and new discoveries and new locations are being made almost daily.
"The width of these lodes or leads varies from three to thirty feet, and they prospect from twenty to five hundred dollars to the ton.
"Located usually where water-power and timber are in abun- dance, they offer the highest inducements to the enterprising cap- italists whose investments can rarely fail of being of the most re- munerative character.
"Among the other useful ores which have been discovered with- in the last year, tin, cinnabar, copper, lead, and iron in many forms are of the first value; yet platina, antimony, nickel, bismuth, iridium, and rhodium, simple or compounded with other minerals, are found in various localities. But this is not all; beds of the best coal, both anthracite and bituminous, with rock salt, sulphur and gypsum (better known as the fertilizing plaster of commerce), while the most precious of gems, the diamond, has been discovered in our gulches-all give you a feeling foretaste of the illimitable extent of Idaho's varied mineral wealth, when the hand of man shall have unbosomed her hidden treasure.
"The wide extent of our auriferous quartz lodes and leads are rivaled only by argentiferous mountain ledges striated, laminated and foliated with silver in chlorides, sulphurets, arsenical, anti- monial, and virgin. This presents a fabulous array of marvelous deposits which will require the industry of ages to develop and ex- haust.
"In accordance with the provisions of the Organic Act, it will be my desire to concur in all legislation which shall tend to har- monize the conflicting interests of all sections of the Territory that you, in your best judgment, may see fit to enact. In your deliber- ations, may you be guided by Him "who doeth all things well," and be kept in health and peace of mind in obedience to His divine will.
(Signed) "CALEB LYON OF LYONSDALE,
Boise, December 8th, 1865. Governor of Idaho.
The above extracts taken from the Governor's message to the legislature should be taken at a very large discount. He evidently had a flighty spell on and drew largely on his imagination.
CHAPTER XXIII.
MINING IN BOISE BASIN AND OTHER MINING CAMPS IN IDAHO IN 1865.
A large portion of the men engaged in mining in the Boise Basin and other mining camps, left in the Fall for their homes in Washington, Oregon, California and Nevada. Nothing could be done in placer mining after the snowy season began. The most of the travel at that time went by Walla Walla or Umatilla and then by steamer down the Columbia River and on to San Francisco.
The Columbia River was usually frozen over by December 1st, so as to stop navigation until the first of March, but in 1865, the ice all left the river a few days before the first of March, and on the first day of March, one of the Oregon Steam Navigation Com- pany's steamers came up the river and landed at Umatilla. To say that this steamer was loaded with passengers for the Boise Basin will hardly express it. The passengers were packed and jammed above and below so closely that the officers and the deck hands could hardly get around to attend to their duties.
The majority of the passengers were men who had gone from the Basin the Fall before, with well-filled purses, but they had put their money in circulation during the Winter and were now anxious to return to the Basin where they felt quite certain they could soon replenish their finances. Very few of these gold-seek- ers paid any attention to the little town of Umatilla with its well- stocked stores and numerous hotels and restaurants prepared es- pecially for their accommodation. The majority of them shoul- dered their blankets (inside of which was a lunch) and started for the Boise Basin without halt or ceremnoy. The most of them had a hard time before they reached their destination. There was snow on many parts of the road and the sun shining brightly on the snow, made many a poor fellow snow-blind.
The steamer continued to come up the river three times a week loaded down with passengers and freight for the Boise Basin. The rush for this mining district was greater than at any time before. The road from Umatilla to the mining district was literally lined with travel, the larger portion on foot, while some had horses, some wagons and teams. Many came by saddle trains and the stages were crowded with passengers.
Early in April the pack trains started up and soon after, wagon transportation began, so it was not lonesome on the road, nor were these hardy, industrious miners disappointed when they reached
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MINING IN 1865
the mining districts. Those who had claims soon commenced work; others located and opened up new claims and those without mining ground of their own, could get employment at good wages if they wanted to work, some at mining, and others at various other occupations, such as cutting logs and firewood, building houses, and many other legitimate occupations. Good prices were paid for all kinds of work. Business of all kinds was excellent in the Basin in 1865. Mining was carried on more extensively than ever be- fore, and the mines produced more than in previous years. Esti- mating by the amount taken out by Wells, Fargo & Co's. express and by private hands, there must have been about ten million dol- lars' worth of gold taken from the placer mines of Boise Basin in the year ending December 31, 1865. There were several thousand dollars' worth of gold taken from the placer mines of Owyhee County, and a great deal of development work done on quartz mines in the Owyhee mining district. A few quartz mills were put in operation which produced quite an amount of bullion. This bullion consisted mostly of silver, but contained enough gold to make the value of the bullion from $2.50 to $4.00 per ounce. At Rocky Bar and Atlanta, a number of quartz locations were made, but little money, however, was taken out. At Warrens and Flor- ence, mining camps in Idaho County, a few men remained. It is presumed that they made some money or they would not have stayed there. The same may be said of the placer camps in the southern portion of Shoshone County, at Elk and Pierce Cities, and Oro Fino.
The men in these mining camps were, as a rule, good, intelligent, industrious, law-abiding citizens. Of course, there were a few whose absence would have been better for the community than their presence.
There were men of various trades and professions in Boise Basin at this time: Carpenters, blacksmiths, merchants, hotel and res- taurant keepers, doctors, lawyers, clerks, mininsters, theatrical companies, saloon-keepers and gamblers, who were all attending to their respective vocations and all seemed to be doing fairly well in a financial way.
In this connection I would like to give the following incident told me by that old pioneer, James I. Crutcher, of Bishop Tuttle: The Bishop was loved and respected by the men of the Basin, no matter what their creed or nationality, and no matter how crowded the streets might be, if the men saw the Bishop coming, the way was cleared and as he passed, hats were lifted and kindly greet- ings given.
CHAPTER XXIV.
ASSESSABLE PROPERTY- TERRITORIAL REVENUE EXPENSES-SCHOOLS, ETC., UP TO DECEMBER 4, 1865.
The Act of Congress creating Idaho was passed on March 3rd, 1863, but none of the Federal officers got to their posts of duty until several months later, and our legislature did not meet until late in the year of 1863. So it is presumed that if there was any assessment of property, it was done under the laws of Washing- ton Territory. The report of the Auditor, Hon. B. F. Lamkin, under date of December 4, 1865, gives the assessment of property in Idaho for 1864 and 1865, and claims also to give the receipts since the organization of the Territory, but none appear to have been received in 1863.
The Auditor reports the assessed value of the property within the Territory for the year 1864 to have been $3,697,304.49, and the Territorial portion of the tax at the rate of eight mills to have been $29,578.39, including licenses, poll tax, etc. He also reports the assessed value of all property within the Territory for the year 1865 as $5,184,322.20 and the Territorial portion at seven mills, to have been $36,290.22. In this report, Shoshone and Nez Perce counties are not included, neither of them having sent in any re- port. The following is the statement of receipts from the organi- zation of the Territory to date, December 4, 1865:
From the treasurer of Alturas County $ 1,400.70
From the treasurer of Ada County. 1,512.66
From the treasurer of Boise County. 10,000.00
From the treasurer of Idaho County 3,050.73
From the treasurer of Nez Perce County 336.09
From the treasurer of Owyhee County 3,667.99
From the treasurer of Shoshone County 961.71
From the treasurer of Oneida County. No returns
For library fund. 70.00
Total receipts $20,999.88
The following is appended to the above statement: "The treas- urer of Nez Perce County has retained from the Territorial fund, three thousand four hundred and fifty-three dollars and thirty one- hundredths ($3,453.30) to defray the expenses incurred in the trial of the Magruder murderers, which amount has been adjudged to
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EARLY FINANCES
be a Territorial charge by the court of the First District." It will be remembered that the Magruder murderers were the men whom Hill Beachy captured and who were tried and convicted at Lewis- ton early in 1864.
This report of the Auditor does not state whether all of the money received by the Territorial Treasurer was for a property tax or a part from poll tax and license tax. The law at that time required the collection of a poll tax, a foreign miners' tax, and licenses from nearly all the business houses. The officers did not seem to collect very closely, neither were they very prompt in re- mitting to the Territorial Treasurer. The expenses, however, ran up very rapidly, as shown by the following report, giving the amount of warrants issued up to date:
To the members, officers and attaches of the First ses-
sion of the legislature, 1863 and 1864, extra compen- sation .$10,626.00 To the members, officers and clerks of the Second ses- sion of the legislature, extra compensation 7,450.00
Governor's salary, extra compensation 2,111.11
Supreme Judges' salaries, extra compensation 9,229.05
Secretary's salary, extra compensation 2,754.76
District Attorney's Salary 5,132.35
Auditor's salary 1,500.00
Clerk of the Supreme Court. 297.00
Appropriations by the legislature for sundries 10,875.00
Supporting Territorial prisoners
9,650.75
Taking enumeration in 1863. 3,600.00
Territorial printing 1,942.00
Contingent and incidental 2,377.52
Total
$67,565.54
Total amount of warrants redeemed. $17,036.41
Warrants outstanding December 4, 1865. $50,529.13
Estimated amount of indebtedness for which no warrants
had been issued $10,000.00
Total receipts, as above $20,999.88
Deduct warrants paid 17,036.41
Balance
$ 3,963.47
Express charges, etc., paid $ 2,894.14
Balance in Treasury Dec. 5, '65. $ 1,069.33 While the Auditor estimates and adds to the amount of outstand-
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THE HISTORY OF IDAHO
ing warrants, $10,000 for which no warrants had been issued, we find that the Third session of our law-makers found and made appropriations to pay a much larger amount, to-wit:
Boise County, for keeping Territorial prisoners from March 7th, 1864, to Jan. 1, 1865. .$ 8,943.30 To sheriff for keeping Territorial prisoners from Jan. 1, 1865, to Dec. 31, 1865. 9,000.00
To sheriff for the protection of prisoners and property during the late riot in said county 2,500.00
(This last item of $2,500 was to reimburse the sheriff for extra expense incurred in preventing en- raged citizens from raiding the county jail and taking Fred Patterson, who had killed Sumner Pinkham.)
The above amounts were to be retained out of the Territorial portion of the taxes due from Boise County to the Territory, amounting to. 20,443.30 Appropriation to pay A. L. Downer, clerk of the Su- preme Court from June 1, 1864, to Jan. 1, 1866 (see p. 278, 3rd Session Laws) 1,000.00
Appropriation for prison commissioner 200.00
Appropriated for Curtis for legal services 900.00
Appropriated for Downer for legal services (p. 272) . .. 100.00
Total .$22,643.30
The above all appears to have been indebtedness incurred, but unsettled at the time the Auditor and Treasurer made their reports on December 4, 1865, excepting for the expense of keeping Terri- torial prisoners for the month of December, 1865, and a small amount on some of the salaried officers. This amount could not have exceeded $1,643.30, which would have left the unsettled ac- counts against the Territory on December 1, 1865, as found due by the legislature, about $21,000.00 instead of $10,000.00, as es- timated by the Auditor. Something over $20,000 of these accounts were of such a nature that the holders of them were made pre- ferred creditors and got the cash, while others had to take Terri- torial warrants which had to be discounted in order to get money on them. It will, however, be remembered by old-timers that Boise County had the people who owned the rich mines. They controlled the legislature and it is presumed they preferred keeping their portion of Territorial tax money at home. There was at least one consolation about this matter of the Boise County preferred cred- itors, they seem to have been paid out of Territorial funds that were still in the hands of the county treasurer and county tax collector,
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EARLY FINANCES
and had never been sent to the Territorial Treasurer. The officers in that county who were trusted with the safe-keeping of the pub- lic money, seemed to hold a tight grip on it, judging from the Aud- itor's report of December 4th, 1865. He says (p. 6): "The ag- gregate amount due from Boise County to the Territory on the 6th day of October, 1865, was $29,621." After paying the claims mentioned above, $20,443.30, they would still owe the Territory $9,177.70. On page 6, the Auditor appears to include in his charge against Boise County about $1,800, which he claims was col- lected for the Territory in 1863. This is the first and only refer- ence we have found claiming that revenue was collected in 1863. The Auditor in his report of 1865, on page 2, "State No. 1 of re- ceipts from the organization of the Territory to date," giving the total receipts $20,999.88, gives the names of the counties and the amounts received from each, but does not say for what year they were paid or whether for property tax or license, so we are some- what in the dark in regard to this particular fund.
We have before us the report of the Territorial Treasurer (Hon. Ephriam Smith) under the same date as the Auditor's, December 4, 1865. Mr. Smith seems to have succeeded some one else as Terri- torial Treasurer on May 19th, 1865. He gives no statement of the transactions of his predecessor, nor even his name. His report is very brief, showing receipts during his term to be $5,585.43, and disbursements, $4,516.10; balance on hand, $1,069.33, and he says: "I have set this amount aside to pay the following orders upon the general fund, viz: Nos. 40, 41, 43 and 44, amounting to $1,080." He does not say what these orders are for or who held them.
The members of this Third session of the legislature, realizing the bad condition of the finances of the Territory, very wisely passed an act to bond the Territorial indebtedness for ten years at 12% per annum, interest payable semi-annually. (See pp. 156, 157 and 158, 3rd Session Laws.) This at least gave the taxpayers some temporary relief. We might say more on this subject, but prefer to stop.
We have before us the report made to the Governor by Hon. J. A. Chittenden, Superintendent of Public Instruction, under date of December 1st, 1865. He gives the number of children of school age in all the counties except Shoshone and Oneida counties. Those reported are as follows (school age being between 4 and 21 years) :
Ada County 337
Boise County 602
Idaho County 12
Owyhee County
93
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THE HISTORY OF IDAHO
Nez Perce County 75
Alturas County 120
Total number 1,239
He reports the following schools :
Ada County .2
Alturas County 1
Boise County 4
Nez Perce County .1
Idaho County 1
Owyhee County 3
Number of school houses in the Territory 3
This Superintendent in his report, makes a number of good rec- ommendations to the legislature for improvements or amendments to the school laws, some of which were adopted by the legislature.
CHAPTER XXV.
STAGING-CARRYING U. S. MAIL -- EXPRESS AND FREIGHTING, UP TO JULY, 1870.
We have spoken in a previous chapter of how and by whom the stage business was started up in Idaho in 1864. All of these lines spoken of then, continued to run for several years, with an occa- sional change in the ownership. Several other lines were put on other routes, among which were, Greathouse & Co., from Placer- ville, via Centerville to Idaho City, 12 miles, double daily ; Ward & Co., Idaho City to Boise City, 36 miles, tri-weekly; Barns & Yates, Boise City to Silver City, 65 miles, tri-weekly. In 1865 Ish sold out his interest in the Ish & Hailey stage line that ran between Umatilla and Boise, to Hailey, and the same year Ish bought a half interest in the Thomas & Co. stage line that ran from Walla Walla to Express Ranch. In 1865 Greathouse & Co. bought Ward & Co's. line of stages that ran between Idaho City and Boise City, and ran a daily line. In 1865 Hill Beachy bought out Barns & Yates' stage line between Boise City and Silver City. In 1865 Hailey bought a part of the line and rolling stock, stations and sub-mail contract from Thomas, Ish & Co., and they sold the balance to other parties and quit the stage business. In 1866 Hill Beachy, Great- house, Kelly and Hailey took a sub-mail contract from Jesse D. Carr of California, to carry a tri-weekly mail from Boise City to Virginia City, Nevada, Beachy having the road already stocked between Boise City and Silver City. This route from Boise City to Virginia City was a very expensive and dangerous route, the most of the road being through an unsettled country, with marauding Indians roam- ing over the country. The same year Capt. John Mullan and oth- ers put on a stage line from Silver City to Red Bluffs, California. This was also an expensive and dangerous route.
In 1866, B. M. Durell & Co. put on what they called a "fast freight" and passenger line from Umatilla, Oregon, to Oldsferry on Snake River, ninety miles west of Boise City. There they con- nected with a steamboat that had been built and put on Snake River to run between Oldsferry and the ferry on Snake River, on the route from Boise City to Silver City. This last named place was thirty-three miles from Boise City. Durell & Co. stocked this thirty-three miles of road from Boise City to the Owyhee ferry. This steamer was built and put on the Snake River with the view of having all freight, mail, express and passengers transferred to
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THE HISTORY OF IDAHO
the steamer at Oldsferry, to be carried by them to the Owyhee ferry on Snake River, and then to be transferred back to stages and freight wagons to be hauled thirty-three miles to Boise City over a very bad road, along which there was no range feed, nor any grain, hay or water. It cost more to unload and reload and haul over this thirty-three miles than it did to haul straight through the ninety miles from Oldsferry to Boise City over a good road which had range grass, water, hay and grain on it, to say nothing about the steamer charge. It was no saving of time and was more expensive by this part-water route that started from one lone ferry with no settlements near, and went to another lone ferry on the desert. This steamboat business was a failure. The boat ran a few weeks and then tied up until high water the next Spring, when it was run down the Snake River into the Columbia River by Captain Stump and put in commission on the Columbia River. Greathouse, Kelly and Hailey bought out Durell & Co's. fast freight and stage line.
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