An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 115

Author: Miller, Joaquin, 1837-1913. cn
Publication date: 1894
Publisher: Chicago, The Lewis pub. co.
Number of Pages: 1216

USA > Montana > An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens > Part 115

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).

Mr. Cannon was largely instrumental in procuring for Ilelena her gas, electric-light and street-railway systems,

--- .

---

569

HISTORY OF MONTANA.

the house of representatives, which was adopted by that body, but which the Democratic house and Democratic leaders refused to recognize or pay any attention to :

Whereas : The existing dead-lock in the first senate and legislature of the State of Montana, preventing the enactment of much needed laws and the transaction of important business for the State, is to be deplored by all good citizens; and

Whereas : This condition of things has been brought about primarily as the result of an elec- tion held October 1, 1889, at precinet 34, Silver Bow county; and

Whereas : It is evident that no satisfactory settlement can be made until a full investiga- tion of such election is had, and that no such investigation can be legally had until the sen- ate as well as the house of representatives shall have been duly organized; therefore,

Be it resolved, That we, the Republican members of the house of representatives, pro- pose the following as a just an equitable basis upon which the whole controversy shall be set- tled :

First : That the Democratie members whose election is undisputed meet with the Republi- can members whose election is undisputed as an organized house of representatives.

Second : That the Democratic members of the senate qualify and that the senate organize at once.

Third : That the house of representatives so organized select a commission of three Republi-

and is president and a large stockholder in each of the companies which furnish these facilities. He is vice- president of the Montana Central Railway and a director of the Montana National Bank and also of several impor- tant mining companies. For several years he has been one of the largest wool growers in the State. IIis ranch comprises 3,000 acres, requires twenty-eight miles of fence to enclose it, and is stocked with nearly 20,000 sheep, be- sides cattle and horses. It is thoroughly equipped with all of the best farming implements, and is a model of its kind.

March 17, 1868, Mr. Cannon was happily married to Miss Catharine B. Martine, only daughter of the late Cap- tain W. W. Martine, of Ithaca, New York, lle was of 36

can members and three Democratie members, and that this commission so constituted shall have full authority to compel the attendance of witnesses and the production of papers, and shall fully investigate the election held at pre- cinet 34, Silver Bow county, on October 1, 1889, and that the said committee shall report not later than fifteen days after its appointment or election.

Fourth : That the senate take an adjourn- ment to such time as shall be necessary for said commission to fully investigate said elee- tion and be able to report to the house of repre- sentatives.

Fifth : That both Republican and Demo- cratic members shall be bound by the result of snch investigation.

The refusal of the Democrats to consider this proposition, which would have developed all the facts material to the precinct contro- versy, convinced the Republicans that no set- tlement of the difficulties could be effected on an equitable basis. Later in the session, after it became known that Pennycook, ()'Regan, Morrison and other parties to the precinet fraud could not be found, and that the voters at that precinct had disappeared and that their testimony could not be secured, all being beyond the reach of legal process even if located, the Democrats proposed an investigation into the precinct election with a view to determin- ing whether frand had or had not been prac-

Spanish ancestry. His wife was before her marriage Miss Argenith Newell. Both the Martines and the New- ells were early settlers in the Colonies and were partici- pants in the Revolutionary war, their residence for many years being at Boston. Mrs. Cannon was born in Ithaca, New York, November 16, 1851, and in early life had the misfortune to lose both her parents. Her educational ad- vantages were of the best and she early developed rare mental and social qualities. Soon after their marriage Mr. Cannon built a beautiful little cottage on Broadway, at that time by far the best residence in the city, and in this home they have since lived and dispensed hospitality. They became the parents of two children, one of whom, Bernice Martinique, a lovely danghter, died in 1889 at the

570

HISTORY OF MONTANA.

ticed. As propositions of this character, when made, merely re-opened the case without refer- ence to facts already established by affidavits and otherwise, and reverted back to the original evidence then inaccessible, the Republicans did not assent to them. It was clearly the Demo- eratie purpose, in default of evidence to re- establish facts previously proven by the Re- publicans, to rest their case on the count of the alleged returns from precinct 34, made in pur- suance of the mandamus proceedings before a partisan judge, and then hold that the action of the lower court was conclusive. This, in fact, was the claim made by the Democratic leaders, and was a thinly disguised effort to reap a party advantage without reference to the real facts in issne.

Talk of compromise along these lines had no other effect than to intensify party feeling, mak- ing both sides watchful and suspicions, and practically put an end to any hope of settlement of the difficulties during the session.

During the dead-lock of the first session the house of representatives passed a great many important bills, necessary to the welfare of the new State, none of which became laws on account of the conduct of the Democratic members of the State senate. Aside from its early efforts

age of eighteen years. She was proficient in music and was a favorite among her circle of friends, of whom she had many. Their son, William Le Grand, was born in IIelena, September 24, 1872, was educated in France and Germany, and is now managing the large farm above re- ferred to. The family have traveled extensively in Europe, and usually spend a part of each winter in New York city. Mr. and Mrs. Cannon are members of the Episcopal Church, and in politics he is a stanch Repub- lican.

SHIRLEY C. ASHBY, president of the Helena National Bank, was born in Fanquier county, Virginia, August 10, 1843.

Mr. Ashby is a descendant of English and Scotch ances- tors who were early settlers in Virginia, they having located there previous to the Revolution. His mother's side of the house, the Carters, are descendants of the

in behalf of a compromise and its participation in the joint session which elected Wilber F. Sanders and Thomas C. Powers senators of the United States, one of the most interesting and notable incidents of its career was a suit brought by Representative William Thompson, of Silver Bow county, against State Auditor Kinney to secure his claim for mileage and per-diem as a member of the legislature. Thompson was one of the five members whose title to a seat was disputed by the Democrats, and who held his seat under authority of a certificate from the State canvassing board instead of from the clerk of his county. The suit was brought before the supreme court to test the legality of his certifi- cate of election.

Chief Justice Blake, having served as a men- ber of the State canvassing board, did not sit in the hearing and determination of the case, the opinion being handed down without division by the other members of that tribunal. (See su- preme court reports.)

We quote but one paragraph herewith, which verifies the rights of the State canvassing board in the premises, and effectually disposes of the position taken by Governor Toole in his procla- mation issued the day preceding the convention of the legislative assembly. The paragraph re- ferred to reads as follows:

Stewarts of Scotland. They were among the first settlers of Virginia. Mr. Ashby's grandfather, Captain John Ashby, served in the war of 1812, and lived to a ripe old age. IIis son, George William Ashby, the father of our subject, was born in Virginia in 1800; married Miss Phebe G. Carter, also a native of Virginia, born in 1807. They had a family of five children; three of whom died when young. One son, W. Wirt Ashby, died at St. Louis, Mis- souri, when in his fifty-seventh year. Thus Shirley C. Ashby is the only one of the family left.

He was reared in his native State, and at the commence- ment of the Civil war he enlisted in Company D, Sixth Virginia Cavalry, under Colonel Fitz Hugh, in Lee's division. Mr. Ashby was then a youth of seventeen years. He served gallantly during the war, being in many hard- fonght battles and having several horses killed under him, but always escaping serious injury himself. The ravages

-------

----

571

HISTORY OF MONTANA.

To declare that the county clerk's certificate of election to the office in question is the highest prima-facie evidence of title to the office, as against the certificate of the canvassing board constituted by an act of Congress, and the ordi- nance framed by the constitutional convention and adopted by the people, would be in effect to deelare that the provisions of the statute in this respect stand without modification by the act of Congress and constitution and ordinances, and prevail over them. If the ordinance did not work a change in the statute in this particular, how can it be maintained that the same ordi- nance worked such important changes in other respects? The effect of ordinance No. 2 was to terminate the terms of all the elective officers of the Territory of Montana, while under the lit- eral statutory provisions their terms of office would have continued for more than a year; and under that theory the officers elected at the late election, under this ordinance, who have taken possession of these offices, are there without authority.

This decision by the court of last resort practically settled the status of the members holding certificates, but the Democrats refused to recognize the validity of the supreme court's definition of the legal points in issue, and the dead-lock was continued.

of war having swept away nearly all their property, the Ashbys found themselves almost penniless. Shirley C. Ashby then went to St. Louis and was employed as clerk on a steamboat. In 1867 we find him in Montana, in the employ of I. G. Baker & Bros., dealers in general mer- chandise at Fort Benton. This firm also did a large freighting business. While with them he became a very efficient assistant. He made many excursions to trade with the Indians, these trips extending all along the Mis- souri river and frequently being attended with great danger to him. Thus he became acquainted with all the Indian chiefs at the various posts where he traded, and was often compelled to camp and eat with the Indians. He proved himself of great value to his employers, and they, appreciating his efforts in their behalf, gave him an interest in the business, and thus by his courage and busi- ness enterprise he gained a start in life. Ile continued to make Fort Benton his headquarters until 1870, when he came to Helena and was employed as elerk, having loaned his surplus funds. After a time he was elected to the office of County Assessor, in which capacity he served

THE SENATE.

The first senate of the State of Montana com - prised sixteen members, one from each county, no seat being in dispute. Politieally this body was evenly divided, each party being represented by eight senators, with the presiding officer Lieutenant Governor J. E. Rickards, a Republi- can. Fearing the decisive vote of the presiding officer in the event of a tie on any proposition in issue, the eight Democratic members refused to meet with the Republican members and effect an organization of that body. The eight Re- publiean members and the Lientenant-Governor met in pursuance of the proclamation of Gov- ernor Toole and in the room designated, and the oath of office was administered to the members.

In refusing to take the oath of office and par- ticipate in the organization of the senate the Democratic members hoped, by preventing a quorum, to destroy the possibility of that body co-operating with the house of representatives in the election of United States senators. The Democratic conspiracy of obstruction eontem- plated first the preventing of the election of two Republican United States senators in due form, and in the event that such election was held to

five years. In the meantime he also embarked in the real-estate and insurance business, in both of which he was successful, continuing the same and working his way up until 1889. That year he sold out. Then he turned his attention to the sale of agricultural imple- ments, wagons and carriages, in which he did a large business, his operations covering a wide extent of terri- tory. This business also proved a success and he still continues it. In 1890 the Helena National Bank was started by John T. Murphey and Frank Baird, Mr. Mur- phey being elected president. Mr. Ashby became a stockholder in this institution, and in August, 1892, upon Mr. Murphey's retiring from the presidency, Mr. Ashby was elected to succeed him.

Since coming to Helena Mr. Ashby has interested him- self in all that pertains to the well-being and growth of the city, having erected several business blocks, as well as a fine residence for himself and family. Politically, he has been a life-long Democrat; religiously, he gives his preference to the Methodist Episcopal Church South.

572

HISTORY OF MONTANA.

destroy its claims as to legal procedure and carry the contest into the Senate chamber at Washington.

The Republican senators met day after day, listening to roll call, and adjourned. This rou- tine was observed until the 19th day of the ses- sion, when, at the end of a recess, roll call was on motion dispensed with and the following reso- Intion, introduced by Senator Hedges, was adopted:

Resolved, By the members of the senate of the legislative assembly of Montana, constitut- ing a moiety but not a majority as required by our constitution to form a quorum for the trans- action of business or to complete its organiza- tion, having adjourned from day to day, until this present 19th day of the session has been reached, and it appearing by the late roll call now here made, as at all previous ones, that the following named senators elect, to-wit: C. J. MeNamara, C. W. Hoffman, W. M. Thornton, J. A. Baker, Wm. Parberry, D. J. Hennessey, E. G. Redd, W. S. Becker, are absent, though at all times within the vicinity and able to be present, and there being no qualified sergeant- at-arms of this body, now, therefore be it ordered in the manner prescribed and set forth in the following order, we will proceed to compel the attendance of the aforesaid absent members. (See Senate Journal, First Legislative Session.)

The order above referred to was a volumi- nous document reciting certain facts bearing on the election of the members of that body and its legality, etc., citing section ten, article five, of the constitution in support of the right of a minority of that body to compel the at- tendance of absent members, and also referring to section section 1,333 of the fifth division of the Compiled Statntes of the State of Montana, which conferred the right upon either house of the legislative assembly to empower any person, when there is no sergeant-at-arms, to compel the attendance of absent members. Acting upon this authority the Republican senators directed a temporary sergeant-at-arms, then selected, to bring within the bar of the senate the absentees mentioned.

At the afternoon session the temporary ser- geant-at-arms reported to the senate that he had served the warrant upon Senators Hoffman, Par- berry, Baker, Redd and Becker, all of whom refused to appear. The following day the tem- porary sergeant-at-arms reported having served the warrant on Senator Thornton, who refused to accompany him to the senate chamber. The temporary sergeant-at-arms was instructed to complete the service upon absent senators, whereupon the lieutenant governor reported

Mr. Ashby was married August 10, 1876, to Miss E. W. Grey. Three children have been born to them in Helena, Phebe May, Shirley Baker and Gertrude.

EDWARD MCSORLEY, County Treasurer of Jefferson County, was born at Deerfield, Oneida County, New York, in 1830. His father, Henry McSorley, was born in County Tyrone, Ireland, in 1800, and came to the United States in 1824, locating in Oneida County. IIe was married there to Miss Margaret McIncrow, a native also of Ireland, and they had five children, one of whom died in infancy. The mother died at the age of fifty-nine years, and the father lived to the age of eighty years. They spent their entire lives after coming to the United States in Oneida county, where by honest industry they secured a com- petency.

Edward MeSorley, their second child in order of birth, received his education in the public schools of his native town, and was early inured to farm labor. Ile began life

on his own account as a school teacher, supplementing his work in the school-room with farming. In company with his brother he worked large tracts of land. In 1868 he came up the Missouri river to Montana, spending six weeks in the journey, and first settled at Fish Creek, Jefferson county, where he was engaged in placer mining for a time. Mr. McSorley then conducted a store until 1878. In that year he was elected Treasurer of the county, was three times re-elected, and in 1886 secured the ap- pointment ot Postmaster of Boulder, under Cleveland's administration. IIe afterward served three years as clerk of the First National Bank of Boulder, and in 1892 was again elected Treasurer of his county, which posi- tion he still holds. He has given bonds to the extent of $75,000, and about $60,000 passes through his hands an- nually. Mr. McSorley is a man of good business ability, of the highest integrity of character, and has all his life been a faithful adherent to the principles of the Democrac

573

HISTORY OF MONTANA.

having received a communication from the ab- sent senators, stating that having been unable to confer with one of their number they could not report in person at that hour but wonld ap- pear in a body at the session at two o'clock P. M. They failed to appear, however, when a recess was taken until three o'clock to await their coming, when failing to come, an adjournment was taken until the following day.

The 21st and 22d days of the session passed without incident, when npon the 24th day the eight Democratic senators appeared and took the oath of office before Chief Justice Henry N. Blake. This oath, which was previously taken by the Republican members, was of an iron-clad character, and, in view of subsequent events, is of interest in this connection :

I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States and the constitution of the State of Montana, and that I will discharge the duties of my office with fidelity, and that I have not paid or contributed or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election, except for necessary and proper expenses authorized by law; that I have not knowingly violated any election law of this State or procured it to be done by others in my behalf; that I will not knowingly receive, di-

LOUIS GANS, one of Montana's pioneer business men, was the founder of the Gans & Klein mercantile estab- lishment of Helena, one of the oldest and most reliable business honses in Montana. It is appropriate that some personal mention be made of him in this work, and the following sketch of his life will be of interest to many:

Louis Gans was born in Austria, in September, 1840, and comes of a family of merchants of that country. Ile was reared and educated in his native land, learned the mercantile business there and was also for a time en- gaged in teaching. On learning of America and its free institutions and the many opportunities for poor but in- dustrions young men to make a fortune, he in 1857, when only seventeen years of age, set sail for New York. After a safe passage, he landed in New York city, a stranger withont name or money and scarcely able to speak a work of the English language. He at once began

rectly or indirectly, any money or other valu- able thing for the performance or non-perform- ance of any act or duty pertaining to my office, other than the compensation allowed by law. So help me God.

On the 25th day of the session the presiding officer announced a communication from the governor, which was laid upon the table pend- ing the formation of committees. This motion was made by IIedges (Republican), and sec- onded by Baker (Democrat). Dec. 19, 1889, the 27th day of the session, the organization of the senate was effected.

Notwithstanding their oaths of office the Democratic members had planned to prevent the organization of the senate until some op- portune time when by reason of the absence of some Republican member they could control the organization and dictate committees. This was regarded as very important, especially in the matter of a conference committee, for upon the question of which house of representatives should be recognized and co operated with in joint session would hinge the political complex- ion of the two United States Senators shortly to be chosen.

There is no doubt that the Democratic sen ?- tors, having held out until the 24th day of the session waiting for political events to shape

his mercantile career, carrying a basket and peddling notions through New Jersey and Pennsylvania and meet- ing with success from the start. The following year he went to Mobile, Alabama, and accepted a clerkship in a store, at a salary of $50 per month. In this position he continued until 1862, all the while saving his earnings. In 1862 he sailed from New York for California, via the Isthmus, and in due time landed in San Francisco. From there he went to Portland, Oregon, and then to Idaho, looking for a situation or business opening. At Placer- vllle, he started a small store and remained there until the fall of 1865. Then he came to Helena. In the spring of the following year he formed a partnership with Heury Klein, which has continued up to the present time, and has made a most enviable record as an enterprising, obliging and square-dealing house, acquiring the leading position in the wholesale clothing business in Montana,

574

HISTORY OF MONTANA.

themselves favorably to the Democratie house of "representatives," finally decided to take their seats in the senate chamber as affording them better strategie opportunities to for- ward the purposes of the great Democratic conspiracy.

An effort was therefore made to prevent an organization from being effected on the 29th day of the session, for a tie would have given the presiding officer, a Republican, the decisive vote. Although a quorum was present and an- swered to roll call, the Democrats had deter- mined upon a policy of silence when any vote was taken on the matter of organization, on the presumption that the quorum present would technically be broken thereby, and the order of business suspended.

But this policy of obstruction was thwarted by the rulings of Lieutenant Governor Rick- ards. IIedges (Republican) moved that the senate proceed to the election of a president pro tem., the motion being carried by cica-roce vote. Thornton (Democrat) demanded the ayes and noes, but Rickards promptly ruled that in- asmuch as no rules had as yet been adopted for the government of the senate there was no rule for calling the ayes and noes. Senator Fisher (Republican) introduced the following

based wholly upon intelligent effort and most liberal and honorable business methods. In 1878 Mr. Herman Gans, a nephew of our subjeet, was taken into the firm. HIe had previously for some time been an efficient salesman in the house, and since his admission he has constantly grown in favor with the people of Montana, being to-day ranked with the best business men of the State. The firm name has continued the same, the partners now being Louis Gans, Henry Klein and Herman Gans. Lonis Gans has made his home in New York city and has for all these years done the buying for the house, making yearly visits to Montana to advise with his part- ners and look after his large business interests. The firm are largely interested in other business enterprises in Montana. Mr. Gans is a large stockholder in and president of the Berry Boice Cattle Company, owning about 30,000 head of cattle.

resolution: Resolved, That the senate do now proceed to the election of the officers and at- taches of this body, and that the rule of this election shall be that a plurality of votes shall elect in each and every case until permanent rules are adopted governing this body.

This rule was adopted and the officers and attaches of the senate eleeted in accordance therewith, Democratie protests thereto being met by reference to Cushing's Manual and to seetions 1327 and 1332 of the Revised Statutes by the president of the senate, and eitations of precedents to the effect that when a quorum is present a majority of votes cast, whether it be a majority of votes present or not, must deter- mine the action of a legislative body. The Democrats who refused to vote, although pres- ent, were very indignant at the ruling of the lientenant-governor, and a storm of abuse was heaped upon his head by the Democratie press and the leaders who saw in the organization of the senate a death blow to the conspiracy to eon- trol the joint session in the near future. Rick- ards was falsely accused of ruling that seven was a majority of sixteen, Senators Brown (Re- publican) and Mc.Namara (Democrat) having been paired at the time, neither being present when the organization was effeeted.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 115

Author: Miller, Joaquin, 1837-1913. cn Publication date: 1894 Publisher: Chicago, The Lewis pub. co. Number of Pages: 1216

Author: Miller, Joaquin, 1837-1913. cn
Publication date: 1894
Publisher: Chicago, The Lewis pub. co.
Number of Pages: 1216