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CHAPTER XXXVII.
SEVENTH SESSION OF THE LEGISLATURE OF THE TERRITORY OF IDAHO- CONVENED AT BOISE CITY DECEMBER 2, 1872- ADJOURNED JANUARY 10, 1873.
Names of the members of the Council were:
I. N. Coston. Ada County
J. B. Wright. Ada County
John McNally Alturas County
Benj. Willson Boise County
J. V. R. Witt Boise County
H. A. Mattox Boise County
S. P. C. Howard Idaho County
B. J. Nordyke Lemhi County
R. Emmett Miller Nez Perce County
Gilmore Hays Owyhee County
L. P. Higbee Owyhee County
J. H. Stump . Oneida County
Standford Capps Shoshone County
President of Council, I. N. Coston.
HOUSE OF REPRESENTATIVES.
A. E. Calloway Ada County
S. M. Jeffries. . Ada County
Jas. A. Bennett. Ada County
Chas. Himrod . Ada County
G. M. Parsons Alturas County
A. F. Huffaker Alturas County
Fred Campbell . Boise County
M. J. Biddy Boise County
I. W. Garrett Boise County
Matt Davis Boise County
A. Dean. Boise County
Jas. J. Apperson Boise County
G. W. Crafts Boise County
A. B. Anderson. Boise County
N. B. Willey . Idaho County Harvey B. Hall Idaho County
J. H. Trauger Lemhi County
Thos Elder Lemhi County
G. W. Tomer Nez Perce County
S. S. Fenn Nez Perce County
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THE HISTORY OF IDAHO
L H. Hatch. . Oneida County
A. L. Simmondi Owyhee County
Peter Adams Owyhee County
J. M. Short. .Owyhee County
J. B. Sissins Shoshone County
P. MeMahon Shoshone County
Speaker of House, S. S. Fenn.
The Seventh session of the legislature of Idaho seems to have been more careful and considerate of all matters brought before them than any other legislative body that ever met in Idaho. They did not enact as many laws as did the past sessions, but most, if not all, of the laws they made were good and in the interest of economy. Sixty-six pages of laws, and a few pages of memorials and resolu- tions embrace the work of the forty days' session of the Seventh legislature.
Congress having annulled the act passed at the First session of the Idaho legislature giving a large increase of pay to the Federal Judges, the Governor, Secretary, and members and attaches of the legislature, the people seemed to send a more economical and con- servative set of men to the legislature than ever before. Some ac- counted for the good work they did upon the grounds that Congress had cut off their extra pay, so they had but little money to spend outside after paying board bills. They did not visit places of ex- pensive amusement, but attended strictly to the command of their constituents. Their legislation was most all on lines of reducing expenses in Territorial and county governments, which lightened the burden of taxation, and seemed to have a good effect on county and Territorial officers. They did not receive so much money for sala- ries and fees, and, like the legislators, had to cut out the places of expensive amusements and attend to the duties of their respective offices. For the first time the people, the legislature and the officials seemed to realize that extravaganee in Territorial government must stop.
In October, 1871, more than one year before this Seventh session of the legislature met, Thos. W. Bennett had been appointed Gover- nor of Idaho. He delivered his message to the legislature soon after they organized, which we think was an able state document. His recommendations on retrenchment and for a change in our criminal laws were good then, and we think they are equally good now for our people, if put in operation ; at least, we venture to insert them here with the hope that our next legislature will give them careful and due consideration.
Recommendations of Governor T. W. Bennett to the Seventh session of the legislature of Idaho:
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SEVENTH SESSION OF LEGISLATURE
RETRENCHMENT.
"The subject of retrenchment and reform is an old one, so far as discussion is concerned, and always forms the chief stock in trade of the aspiring legislator when before his constituents, and is an inevitable paragraph in every Governor's message. But as a prac- tical question, it has not been so altogether worn out, with constant use in legislative enactments, as to render all further attempts use- less.
"Taxation, at best, is one of the heavy burdens of any people, and when it is laid recklessly, and unreasonably, it becomes almost un- bearable, and kindles a spirit of insubordination and distrust. 'Pub- lic confidence becomes weak, enterprise dies out, and business stag- nates.' And especially is this the case in a Territory like ours, where settlements are sparse and the people poor. That represen- tative of the people will do himself most honor who labors most as- siduously to lighten, as far as possible, the demands on the pockets of the taxpayer. He cannot be a wise patriotic legislator who acts in the interest of moneyed corporations, private individuals, or of- fice-holders, at the neglect and expense of the people he pretends to represent. Corporations and offices were made for the people, not the people for them. And such privileges and aid only should be granted them as will subserve, enrich and prosper the people. There is always more danger of governing a people too much than too little. A multitude of salaried officers are an expensive luxury, that enrich the few at the impoverishment of the many. The people of this Territory are poor, and 'times' with them are 'hard.' And ex- perience has convinced me that they are a people easily governed, well disposed to obey the laws, and are very much in need of the simplest and cheapest government that can be devised, consistent with sound sense and justice. And every representative of the pco- ple who fails to use his utmost endeavors to accommodate himself to this condition of affairs will prove himself recreant to the trust im- posed in him by a confiding people. I therefore submit to your candid consideration whether, in many cases, offices may not be con- solidated, and in other cases entirely abolished, while in nearly all of them the fees and salaries may not be largely reduced. These fees and salaries were generally fixed at times of general prosperity, when money was plenty and prices high, and when, too, there was a great deal more labor to be performed by the officer. Now I sub- mit whether these fees and salaries should not be made to conform to the changed condition of the people who have them to pay. The recipients of these favors of the people will doubtless object and complain, but if the people demand it, you should not shrink from
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the responsibility. If the object of the legislator is to foster a sys- tem of political rewards, then let it alone; but if, as I believe, the object should be to foster the interest of the people, then I urge a change. I would recommend the raising of a joint committee of the two houses, on Fees and Salaries, whose special duty for the ses- sion should be to make a careful and deliberate investigation of the fees and salaries of all the officers-Territorial, district, county and precinct-over which you have jurisdiction, and see which of them can be abolished, which of them consolidated, and which of them reduced in emoluments. And when this examination is made, let the committee report a bill, which, with its plain provisions and adequate penalties, will accomplish the will of the people. I would not be un- derstood as intending to reflect on any officer-Territorial, district, county or precinct-for, so far as I know, they are all honest men, and perform their duties well; nor do I say that all are overpaid, nor that some are not paid too little, but they are all the servants of the people you represent, and if they are honest, and recognize their accountability to their masters, they will not object to the closest scrutiny.
CRIMINAL CODE.
"I would suggest two amendments to the Criminal Code, both of which I feel assured would greatly promote the ends of justice. So amend the law that in all cases of jury trials in criminal cases, the jury shall, in their verdict, affix the penalty as well as find the guilt or innocence of the party. Such is the law in most of the States, and is certainly founded on justice and common sense. The object of trials by jury is that every accused person may have the right to be tried by his peers, twelve of his fellow citizens, and to prevent him from becoming the victim of the malice or prejudice of any one man, however learned he may be. Then what a mockery of a man's rights to so divide his case that twelve men try the question of his guilt, and then one man at his discretion affix his punishment. It is just as important to the prisoner that the question of the meas- ure of his punishment be tried by his peers, as that of whether he be punished at all-both are issues to be determined by the evidence. One man may have peculiar and honest prejudices against certain classes of offences, or particular races or nationalities, too, yet twelve men are not apt to be afflicted with the same prejudice at the same time. The other amendment to which I refer is, that the Court, or jury, in affixing the penalty for a conviction of murder in the first degree, be allowed the discretion to adjudge either the death pen- alty or imprisonment for life. For in case of murder in the first de- gree, while in law there are no further subdivisions of the degree,
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SEVENTH SESSION OF LEGISLATURE
yet in fact we know that there are wide distinctions, which the com- mon sense of every man suggests.
"Who will say that the man who commits murder while stinging under some supposed or real insult or injury, although he may have so deliberately, premeditatedly, and with malice aforethought, is equally guilty, and deserving the same punishment that should be awarded to him who takes a man's life for his money, or to accom- plish an outrage upon his family? Both are guilty of murder in the first degree, yet the Court or jury should be allowed to weigh the circumstances and measure the punishment according to the enormity of the offence. Under the present system jurors are often so impressed with the severity of the punishment which must follow their verdict of guilty, that they return a verdict of not guilty, merely to avert the terrible penalty of death, or else they perform the judicial farce of finding the prisoner guilty of murder in the second degree, or even of manslaughter, in order to dodge the re- sponsibility of the death penalty.
"It has been represented to me by one of the Justices of the Su- preme Court, that in one of the counties of his district a homicide has been committed, and that it will be almost impossible in that county to procure a grand jury to indict or a trial jury to try the offender. I would, therefore, recommend that you so amend the Criminal Code that criminals may be indicted and tried in any county in the judicial district where the offence has been committed, when in the opinion of the District Attorney it will be impossible to secure an indictment or an impartial trial in the county where the offence was committed."
At the time Governor Bennett made these recommendations, our Territory was in debt about $135,000; and most of the counties were badly in debt. His recommendations on retrenchment certainly had a good effect on the action of the legislature, for they did pass laws on the lines of retrenchment in both Territorial and county ex- penses, which were of great benefit to the whole people of the Ter- ritory. You may ask, How did it benefit the office-holder, whose salary or fees were reduced? The answer is: They saw at once that they would not have very much money to squander while running around neglecting the duties of their offices, so most of them set- tled down to work in their offices, quit their extravagant habits, made better officers, and saved as much or more from their small salaries than they saved from their larger ones, and it tended to make better officers and citizens of them.
Special legislation was enacted at every session and often an act would be passed that applied to only one county. A special act was passed fixing the salaries of the officers of Ada County. It will be
His-12
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THE HISTORY OF IDAHO
remembered that Ada County at that time embraced all of what is now Ada, also Canyon and Washington counties. The salaries of the county officers were fixed as follows:
Sheriff, $1500 per annum. For each prisoner confined in the county jail, for board, clothing and medical attendance, $1.25 per day. For jailor, when one or more prisoners were confined in the jail, $3 per day.
The auditor's salary, $1,000 per annum, for services rendered by him as auditor and clerk of the board of county commissioners. Each county commissioner, $200 per annum. County treasurer, $700 per annum.
The assessor, who was ex-officio tax collector, was to receive for assessing and collecting on all poll tax, ten per cent, and on prop- erty tax seven per cent (see Seventh Session Territorial laws, 1873).
None of these officers were allowed deputies at the county expense. If they had deputies, they had to pay them from their own pocket books. It would seem that it would have been hard to get compe- tent men for these positions at the low salaries, but the offices were usually filled by honest, faithful and competent men.
The Territorial Comptroller's report for the two years, ending November 30, 1872, is very incomplete. He reports a certain amount of money received by the Treasurer, but fails to give the source from which it came. He gives value of assessable property for 1871 as $3,919,148.82 and for 1872, $3,624,747.72; number of poll tax receipts sold in two years 10,637; and the number of licenses sold 2,409. His report does not show what counties had paid, or what amount each or any of them paid. His report, so far as giv- ing an intelligent detailed statement of the Territory's financial condition, is a failure. He seemed to have had a cranky spell on, and devoted a large portion of his report to telling the Governor and the legislature what they should do, or what should be done.
About all we can get out of the Comptroller's report of interest is that, for the two years ending November 30, 1870, to November 30, 1872, he drew warrants on the Territory for $38,781.18, as fol- lows:
Against the general fund:
For District Attorney's salary $ 3,466.66
For miscellaneous items 1,250.00
For Supreme Court expenses 2,004.79
For Sixth legislature's expenses. 1,912.50
For fitting library, rent and papers
1,310.60
For printing blanks for Comptroller 3,817.00
For Treasurer's salary
1,750.00
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SEVENTH SESSION OF LEGISLATURE
For Comptroller's salary 3,500.00
For contingent expenses 306.32
Making a total drawn of $19,317.87 On the prison fund :
For the same period of time for keeping, bringing and transferring prisoners from Idaho City to Boise, war-
rants were drawn on the prison fund for. $19,463.31
Making an issue in Territorial warrants in two years of .$38,781.18
This would seem like getting expenses down to a minimum. But the Comptroller, for some cause, has failed to mention the item of interest paid by the Treasurer on the Territorial bonded debt for the past two years, which amounted to. $13,851.93 Interest on the outstanding Territorial warrants for the past two years amounted to 9,193.69
Treasurer paid for expressage on money sent, about. 1,200.00 Add to the above three items. 38,781.18
Making total cost of government to Territory for two years, from November 30, 1870, to November 30, 1872 .$63,026.80
This is exclusive of what the National Government paid toward the support of the Territorial government. This is about the best financial showing made for any two years since the organization of the Territory. While the debt of the Territory at this time, in- cluding bonds, warrants and interest, amounted to about $135,000, most all extras and unnecessaries were cut off, and the people had a chance to pay out. The extra compensation paid to the Judges, the Governor, Secretary, members and attaches of the legislature were all cut off, and they all did better work than ever before in the line of economy.
While Idaho's population had decreased several thousand, and her taxable property had decreased materially for the last few years, her debt increased gradually, caused mainly by the extra compen- sation paid by the Territory to officials who were paid by the United States. During the past seven years, they had drawn from the Ter- ritorial treasury more than one hundred thousand dollars, besides not less than thirty thousand dollars interest had been paid on war- rants issued to pay these extra salaries and per diems.
The Seventh session applied the pruning knife wherever it was necessary to both county and Territorial officials, and to incidental expenses, so that at the end of the next two years, 1874, a better financial showing was made.
CHAPTER XXXVIII.
AGRICULTURE, STOCK RAISING, MINING, TRANSPORTATION, AND CON- DUCT OF THE PEOPLE GENERALLY IN 1871 AND 1872.
AGRICULTURE.
There had been a slow but steady improvement in this industry during the last two years. In all the counties in the Territory, more land was reclaimed and put into cultivation. Irrigation ditches were constructed, orchards set out, many new dwelling houses and barns built. The yield of grain, hay and vegetables was generally good. The farmers found a fair market in the mining camps for their veg- etables, fruits, butter, cheese, eggs, etc. The stage lines, freight- ers, livery stables and mines furnished a market for all the supplies the farmer had, including hay and grain, to spare. Every one at that time seemed to have plenty of the necessaries of life, and seemed to be living comfortably and contentedly, making some im- provement each year.
STOCK RAISING.
This industry was prosperous in those years. Quite a number were engaged in raising cattle and horses, and a few were in the sheep business. The public range was good, and range stock re- quired but little, if any, feed through the winter. Those who had good stock and looked after them properly, did well. The mining camps and other towns furnished a good market for the beef and mutton, and the stage lines, freighters and liverymen furnished a good market for the horses. So those engaged in raising stock did well and had no reason for complaint.
MINING.
This industry was not so good in 1871 and 1872 as before. Many of the rich placer mines in Boise Basin and other placer mining camps had been worked out. Quite a number of men left the placer mining camps. Some went to and settled in the ag- ricultural districts in Idaho; some returned to their old homes in other States and Territories, while still others prospected for quartz ledges. The placer miners who remained in Boise Basin turned their attention mainly to constructing ditches to carry water on to the high land in order to enable them to work the ground on these hillsides by hydraulic pressure. The ground worked on these hillsides usually yielded good returns, but the supply of water was no: sufficient to carry on extensive work. Most all the water used
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by these placer miners came from the melting snow in the moun- tains, which usually began to decrease very rapidly about the first of August, so that this work could be carried on but three or four months of each year. Still, with all these set-backs, most of the miners did reasonably well. The quartz mines at Silver City in Owyhee County turned out a fair amount of gold and silver bul- lion for the amount of quartz worked. Several new discoveries of quartz ledges were made in different mining camps. But little de- velopment work was done, and but little progress was made in the way of getting in machinery to work the quartz.
We cannot report any very large returns from any of the mines worked in these years, nor can we report any very rich new discov- eries, but most all of those who worked at mining, we think got fair remuneration for their investment and labor.
TRANSPORTATION.
Under this head there is nothing new to report. The same old mode of transportation continud in the southern portion of Idaho. The stages of the Northwestern Stage Company ran regular daily trips, both ways, over all the old routes mentioned before, carrying U. S. mail, passengers, Wells, Fargo & Co. express and fast freight. W. C. Tatro ran a weekly stage line from Boise to Rocky Bar, carrying U. S. mail, passengers and express. Most all merchan- dise was still brought to Southern Idaho by freight teams from Kel- ton or Winnemucca on the Central Pacific railroad. Competition in the freighting business reduced the price to a low figure, rang- ing from three to six cents per pound. The price was usually reg- ulated by the season of the year and condition of the roads.
In the southeastern part of the Territory, a railroad called the Utah Northern was built from Ogden in Utah, running through the southeastern part of Idaho and on to Butte, Montana. This road helped the people in that part of Idaho very much in the way of cheaper and quicker transportation of U. S. mails, passengers, freight, etc. It also tended to increase the population in the south- eastern part of Idaho.
In the northern counties everything seemed to be moving along about as usual. Most all the merchandise for that country was brought to Lewiston from Portland, Oregon, by steamer, and from there distributed to the interior towns by freight wagons and pack trains.
The people all over the Territory seemed to be making a good living and most of them accumulating more property or making new improvements. The health of the people was good and they all seemed to be fairly well contented and behaved themselves well.
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The U. S. assay office at Boise City was completed in 1872 and stocked up with a corps of federal officers, and put in operation for business. The U. S. penitentiary near Boise City was also com- pleted in 1872, and put in charge of a United States Marshal with the necessary guards and equipments. The Territorial prisoners were transferred from Idaho City to the United States peniten- tiary in April, 1872, to be kept by the United States at the rate of one dollar per head per day, which included cost of guards, board, clothing, medical attendance and everything. This was a saving of about three hundred per cent over what the Territory was paying to have them kept at Idaho City; besides, the priso- ners were under much better sanitary conditions.
To illustrate to the people now that the people in Idaho in early days were not quite so bad as they have been represented to be by some writers, when the Territorial prisoners were moved from Idaho City to the U. S. penitentiary at Boise City in April, 1872, there were only nine prisoners, and the criminal law had been as strictly enforced in those days as it is now. Although Idaho's population was small in those days, I make the assertion with con- fidence, that the percentage of violations of the criminal law was not greater, according to the population, than it is now in 1908, and for petty offenses, the percentage now is very much greater than in the early days, in proportion to the population.
We are unable to find a report of the Superintendent of Public Schools, but suffice to say that we know there was a gradual im- provement in our public schools every year-more money was col- lected for school purposes, more school houses were built and more schools maintained.
To sum up the general condition of the people in Idaho in the years 1871 and 1872, they were law-abiding, industrious, reasona- bly prosperous, honest, contented and happy.
CHAPTER XXXIX.
INTERESTING CONTRIBUTION FROM HON. JOHN S. BUTLER, OF PALO ALTO, CALIFORNIA-SOME OF HIS EXPERIENCE IN THE EARLY SIXTIES IN IDAHO.
Mr. J. S. Butler came to the Boise Basin mining district in Boise County, Idaho, early in the Spring of 1863. Later in the Summer, his brother, Thomas J. Butler, came.
The two brothers, T. J. and J. S. Butler, started the first news- paper that was ever published in the southern portion of Idaho called "The Boise News," issued at what was then called Bannock City, now Idaho City. They issued a weekly of good fair size, well filled with a truthful account of all local and as much east- ern news as it was possible for them to get in those days, when there was neither United States mails, railroads, nor telegraph lines within several hundred miles of Idaho. They had to depend upon a very expensive express for all the outside news they got for several months.
We have copies of most of their issues in the State Historical room. We often look at them, and always wonder how they man- aged to furnish so much reliable news as they did, when their fa- cilities for getting news were so isolated. They were both honor- able, intelligent and industrious gentlemen. The old papers we have issued by them, we prize above anything we have in the His- torical room. We also prize the contribution hereto made by Mr. J. S. Butler of his early experience in Idaho as valuable reading matter, because we know that his statements are all true. Below we give his contribution in full with great pleasure:
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