An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 116

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 116

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As a natural result of his wise foresight and safe in- vestments in lines of business in which there were fair profits, there has come to Mr. Gans large wealth, his highest expectations being more than realized. The re- sult has not been to make him a sordid business man, but to the contrary, he is kind-hearted and benevolent, the benignity of his chareter beaming from his eyes and face and making one feel that he is in the presence of a friend of humanity. This trait of his character has found form in his establishment of the Montefiore Home, an institu- tion in New York city for the care of chronic invalids. Here they have a home and their sufferings are alleviated as far as it is in the power of human skill to do. There are now 300 patients in this institution. Mr. Gans is chairman of its executive committee, has charge.of all its interests, and to it gives much of his valuable time, feeling amply repaid by the reflection that he is render

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Paul ne Comida

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HISTORY OF MONTANA.

The newspaper attack on the lieutenant-gov- ernor received a prompt rebuke from the pen of A. B. Keith, then managing editor of the IIelena Daily Journal, who in an article on the recti- tude of the ruling made showed that Senator Blackburn, when a Democratic member of the house of representatives in 1879, supported the Tucker amendment to the rules of that body, providing that a majority of votes cast shoukl determine the action of the house if the speaker decided that those voting and those present but not voting, together constitute'l a quorum. Congressman Springer, of Illinois, took similar grounds in a speech before the house of repre- sentatives January 23, 1880. (See Congres- sional Record.) The ruling of Speaker Reed to the same effect, which was subsequently con- firmed by the Supreme Court of the United States, in an action brought thereunder, for- ever set at rest criticism of Lieutenant-Gover- nor Rickards in the organization of the Mon- tana senate.

Having refused to vote in the organization of the senate, the Democratie senators likewise refused to participate in carrying ont the eon- stitutional requirement that that body deter- mine by lot to which senatorial distriets the long term should be assigned and to which the

ing help to the suffering. This institution is the only one of its kind in the world. Mr. Gans has also for ten years been a director of Mount Sinai Hospital, where large numbers of sick people are restored to health and from which they are not sent away empty-handed, but are furnished financial aid and are helped to positions in which they can provide for themselves. These things have been mentioned of him by one of his friends as only a few of the many things which go to illustrate the kind- ness of his heart toward his fellow men.

Mr. Gans was happily married in 1872 to Miss Fannie Gans, a native of New York. They have two daughters. Sarah, the older, is now Mrs. Harry Hocks of New York. The other daughter, Lottie, resides with her parents at their beautiful home, No. 23, Thomas street, New York city.

Mr. Gans belongs to the Masonic fraternity and is Vice President of Bethel Temple Lodge, who have the finest edifice in America.

short term. By refraining from voting and participating in this action, the Democrats hoped to raise the question of the legality of procedure. The drawing of lots resulted in as- signing to the short term, one year, five Re- publican and three Democratic members, while the long termn, three years, was given five Dem- crats and three Republicans, thus giving the Democrats an initiatory advantage in the next session of that body. The validity of this de- termination by lot was never questioned by the Democrats.

The attempt to prevent the organization of the senate having failed, the eight Democratie members resumed their previous method of obstruction in absenting themselves from the senate chamber, leaving that body without a quorum present to transact business. None of them appeared at roll call the day following the organization and done of the bills or memorials reported from the house could be acted upon by the senate. In this way the Democrats hoped to prevent the senate and house from legally meeting in joint session to elect United States senators.

This policy of absenteeism was thereafter steadfastly maintained by the Democratic sena- tors. That it was in line with suggestions em -

PAUL MCCORMICK, of Billings, is a type of the splen- did, fearless, enterprising pioneers who played the lead- ing part in redeeming eastern Montana from the sway of the savages, opening the way to this region of beauty and fertility and " beckoning after them, the slow and passing steps of agriculture and civilization."

Mr. McCormick was born at Greenwood, Steuben county, New York, June 2, 1845, and here spent his boy- hood and youth, remaining until he attained his majority. He attended the common schools and afterward the Alfred Center Academy. When twenty-one years of age he concluded that the West was the place for him to make a career, and in 1866 he started for Montana, reach- ing that year the Gallatin valley and locating on Middle creek, where he engaged in farming and freighting. IIe remained there until 1870, in which year he accompanied Colonel Baker on his famous expedition against the Piegans to the Marias battlegrounds, furnishing at the

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anating from leading Democrats at Washington, with a view to a contest in the United States senate, was at all times suspected. That the national Democracy had entered into the con- test in advance and was assisting the loca Democracy in its efforts to prevent legislation absolutely essential to the welfare of the new State, by maintaining the dead-lock, was finally proven beyond the shadow of a doubt by corre- spondence discovered in the desk of Senator Baker (Democrat). The correspondence herein referred to is as follows, the first letter being addressed to Samuel T. IIanser, a member of the Big Four residing in Helena :

WASHINGTON, D. C., Dec. 26, 1889.

Dear Sir : The Democrats made a mistake in going into the senate session. It was a bad break, but as it has been done we must do the best we can with what is left. All of us-and I have consulted the leading Democrats here- are of the opinion that the Democratic members of the legislature must eleet two senators on the same day the Republicans elect. It will not do for the two Republican senators to be here with- out contestants on our side. The United States senate requires the two houses to meet separately, and that the votes of "' the members " shall be recorded on the journals of the respective houses

for United States senators. If a majority of each honse vote for one man, then upon meeting in joint session the next day that man will be declared senator. If the journals do not show a majority of each house for one man, then the joint session will proceed to elect. Your senate is a tie, but the Republicans may undertake to count the vote of the lieutenant governor for senator. He has clearly no vote for senator, as he is not a member of the senate within the meaning of the United States law. On motion to go into joint convention he can vote if there is a tie, but that is all. When assembled in joint convention the Republicans will elect two senators, and all that we can do is to have our State senate elect one of its members as presi- dent, and a secretary, and vote for the senators, keeping a journal, ete. The house of represent- atives inst do the same, and the two houses must then meet in joint convention at the conrthouse and elect two senators, as the senate journal will not show a majority in that body for one man for senator.

The two Republican Senators will come here with a certified copy of the proceedings, and the Democrats with Governor Toole's certifi- cate, which makes a prima-facie case for us. Then the fight will begin here. Of course the Republican Senate will not admit our people, but we will make it so hot for them that they

same time the greater portion of the transportation of the army.

In 1875 Mr. McCormick, in connection with Major F. D. Pease and C. Il. Daniels, organized and fitted the ex- pedition to the lower Yellowstone, which is known in history as the Fort Pease expedition. This was one of the most dangerous and daring expeditions ever recorded in the frontier annals of Montana. With a party of thirty-three men they embarked on Mackinaws at Ben- ton's landing on the Yellowstone and proceeded to the mouth of the Big Horn river. Three miles below this point, on the north bank of the Yellowstone, in the heart of the hostile Indian country, they built Fort Pease, and for eight months withstood the assault of the fierce and treacherous Sioux Indians, enduring hardships and dan- gers throughout this long term such as seldom fall to the lot of a brave and adventurous body of determined men.

It was virtually an eight months' battle for existence, for during the time they were not actually fighting the

redskins it was necessary for them to be in a state of constant vigilance and readiness for battle. Several of the party were killed, and in view of the many dangers through which the remainder passed, it was a wonder that any of them escaped. During the following year the United States troops entered this field, and this assist- ance from the Government was in no small measure brought about by the Fort Pease expedition.

Mr. McCormick joined the command against the hos- tile Indians in the spring of 1876, as trader, and at the close of the campaign located at Miles City, where Fort Keogh was established. He remained at this point, en- gaged in merchandising and freighting, until the spring of 1879, when he moved his base of operations to Junc- tion City, at which point his firm is still located, operat- ing extensively in freighting, merchandising and Govern- ment contracting.

In October, 1892, Mr. McCormick moved to Billings, where he has since resided, continuing, however, his operations throughout Yellowstone country. Mr. Mc-

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will not admit the other. If they needed them it would be different, but they have six majority already and can afford to play the high judicial role. The United States Senate requires that the governor shall sign the certificate of a senator, and we will have the best of them on that point; but they will have the best of us as to the senate. The fact that our people went into session with them is an estoppel upon ns as to the legal organization of that body. It was a terrible mistake and one we did not an- ticipate. I sent Toole a full statement as to all the questions involved, but did not think of our people walking into "their parlor " as they have done.

It only remains for us to have two contest- ants here on time, and if we do nothing else we can show up the pharisaical scoundrelism of Harrison's conduct in this matter. You know what I always thought of him. Everybody here now knows the same. I thank God that he is so mean constitutionally that he will con- tinne to drive away from him every man of honor and liberality and genuine good feeling until the people will come to the resene of the government from this congealed mass of mean- ness. Yours, etc., G. G. VEST.

Show this to Governor Toole.

P. S .- After writing the foregoing I am afraid that I have not inade clear my meaning as to the course the Democrats must take at the next session of your State senate. They

Cormick has never sought political preferment, but was nominated and elected as a delegate to the National Con- vention in 1892. In 1879, after the organization of Custer county, he was elected a Delegate to the Legislature for the new organization, but, through some legal techni- cality, he was not allowed a voice in that body.

Mr. McCormick has been largely interested in the stock business, and in this pursuit has been very success- ful. This, in connection with his Government contract- ing, has kept him actively employed, and his close atten- tion to his business has made him one of the best finan- ciers of eastern Montana.

As a pioneer and one of the early trail blazers of the Montana frontier, Mr. McCormick was an observer and participant in the many exciting scenes of that period. He is still actively engaged in the management and direction of his many business interests in the Yellow-

should not attend, and if brought in under arrest should refuse to vote. By refusing to vote they can prevent the lieutenant governor from voting on a motion to go into joint con- vention. In order for him to vote on any ques- tion the journal must show a tie vote affirma- tively. This cannot be done if our people do not vote. As to punishment for refusing to vote I will not insult the Democrats of Mon- tana by supposing that there is one of them who would not laugh at all such threats. V.

Following is Mr. Ilauser's rejoinder:

HIELENA, MONTANA, Jan. 4, 1890.

SENATOR G. G. VEST, Washington, D. C. Dear Sir: The State senate, consisting of sixteen members, on the 15th of December eight Democratic senators qualified, but refused to vote on organization, and records show that permanent organization claimed by Republicans was effected by seven voting out of fourteen present. Their journal shows that only eight senators were present when the motion to go into joint session was carried. There has been no quorum present at senate sessions since 23d; shall Democratic senators effect the or- ganizations as outlined in your letter of the 25th and elect senators, or shall they proceed immediately with the house to eleet without organizing senate.

(Signed) S. T. HAUSER. Sent at request of Governor Toole and J. A. Baker.

stone country, and will doubtless be an active participant in the financial movements of this section for many years to come.

Mr. McCormick was married at Helena, February 23, 1879, to Miss Mary Spear, and of this union there have been born four children, two of whom are deceased.

PETER WHALEY, a Montana pioneer of 1863, was born n Tullow, county Carlow, Ireland, June 29, 1828, a son of Peter and Mary Ann (Clary) Whaley, who had six children in their native land. In 1838 the father emi- grated to America, to enjoy the liberty denied him in his beloved native land, and to make a home for his family under better advantages. He succeeded in saving suffi- cient money to send for his family in 1841, and they im- mediately joined him in this country, having spent thirty-five days in crossing the ocean. They located in Jo Daviess county, Illinois, where Mr. Whaley followed

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To this Senator V.est replied by wire as follows:

(Night Message.)

Number 87 Ch., sent by Cx., rece'd by B. 30 coll nite.

WASHINGTON, D. C., Jan. 5, 1890.

S. T. HAUSER: If eight Democratic sen- ators will act together proceed as I wrote you and let senators elected come here with gov- ernor's certificate. This is vital. The certifi- cate is absolutely necessary. G. G. VEST.

December 31st, the thirty-ninth day of the session, having arrived, the president of the senate announced that it became the duty of that body to vote viva voce for two United States senators. On the first ballot Wilbur F. Sanders received the vote of every senator pres- ent, the eight Republican members. On the second ballot no choice was recorded, no one man receiving a majority of the votes cast. The next day, January 1, 1890, the senate proceeded to the house of representatives for the purpose of balloting in joint assembly for two members of the United States senate. Upon roll call it was found that a majority of the two houses combined was present, and the minutes so show.

Wilbur F. Sanders, of Lewis and Clarke county, received thirty-eight votes-every vote

lead-mining many years, and his death occurred there at the age of sixty-seven years; his wife survived him only four years. They were devout Catholics, and were hon- est and worthy people.

Peter Whaley, the youngest of their four children, was thirteen years of age when he came to the United States, and remained with his parents until reaching years of maturity. In the winter of 1849-50, via the Isthmus, he went to California, and followed mining at Shasta, French creek, Sonora, and Weaverville, where he often made as high as $200 a day. Two years afterward he returned to Wisconsin, but after spending six months there went again to California. Not meeting with as good success in mining as at first, he again returned East, and for the following three years was engaged with his brother in the mercantile business at Hatching, Minnesota. During that time they sold much on credit, and they failed to col-

present- and was declared duly elected to rep- resent the State of Montana in the senate of the United States. On the second ballot for senator Lee Mantle, of Silver Bow county, re- ceived eleven votes; B. Platt Carpenter, of Lewis and Clarke, one vote; T. C. Power, of Lewis and Clarke, three votes ; L. H. Hershfield, of Lewis and Clarke, four votes; John E. Rickards, of Silver Bow, eleven votes; Dr. Leavitt, of Silver Bow, eight votes. The fol- lowing day, January 2, the joint assembly reconvened and balloted for senator, the result being: Mantle, three votes; Power, thirty- five. T. C. Power, of Lewis and Clarke, late Republican candidate for governor, was there- upon declared duly elected to represent the State of Montana in the senate of the United States.

In this connection it is but fair to state that Lee Mantle would undoubtedly have been elected senator had the members of the legis- lative assembly from that section of the State commonly designated as the West Side united upon him. This was conceded by the members from other sections of the State. But the members from the West Side were nnable to unite upon any one candidate and the election of Power followed. The West Side mein bers,

lect from $12,000 to $15,000. After his marriage, in 1859, our subject emigrated to Central City, Colorado; three years afterward went to the gold fields of Idaho; spent one winter at Camp Floyd; in the following spring went to the gold mines at Bannack, and two weeks later lo- cated at Alder Gulch. While there he was very success- ful in his mining operations, often making as high as $250 in a day, and was a witness to all the exciting times of that camp. From Alder Gulch he went to Diamond City, Meagher county, where, in company with his father-in - law, D. J. Whitehead, they opened numerous supply stores, and continued in that occupation until the camp was deserted. After following agricultural pursuits two years, Mr. Whaley received the appointment of United States Indian Agent from the Government, for the Flat- head Indians; but one year afterward, on account of his strong Democratic belief, was removed from that position.

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as well as many from the East Side, were anxious to nominate Lientenant Governor Rick- ards, and it is conceded that he would have been named for the position but for the fact that he could not at this critical time be spared from the chair of the presiding officer of the State senate-a conclusion amply justified by the subsequent history of the dead-lock.

Although Governor Toole communicated with the senate after its organization, the Demo- cratic senators refused to attend. They had in the main carried ont the instructions of Senator Vest, the Democrats in "joint convention" naming W. A. Clark and Martin Maginnis as their choice for United States senators. On January 8th, the forty-seventh day of the session, the sergeant-at-arms of the senate was directed to bring the absentees within the bar of the senate. That officer reported having served notice on Senator Parberry, who refused to recognize the authority of the senate to order his arrest; Hoffman and Redd were sick; Hen- nessey, McNamara and Thornton were out of town, and Baker and Becker could not be found.

At the afternoon session a communication from the Governor was read, showing the amount of revenne necessary to raise for the

He then purchased 160 acres of his present farm, in the Bitter Root valley, three miles north of Stevensville, and erected a small log cabin. He has added to bis original purchase until now he owns 400 acres, has a good frame residence, and all other necessary farm improvements.

May 20, 1859, Mr. Whaley was united in marriage with Miss Hannah Whitehead, a native of Somerset, Perry county, Ohio. They brought their two eldest children, David J. and Julia, to this State. Six children have been added to the family in Montana,-Edmond C., Clement P., Matthew, Mary, Anna and Arthur. The family are strict adherents to the Catholic faith, In political mat- ters, Mr. Whaley is a stanch Democrat.

WILLIAM L. ROBBINS, proprietor of the Central Hotel, Melrose, Montana, is one of the prominent and enterpris- Ing men of the town.

Mr. Robbius was born in Denver, Colorado, August 9, 1862, son of T. M. Robbius, whose history appears in this

maintenance of the State government for the ensuing two years. The communication was ordered filed, pending the formation of stand- ing committees.

For several days following the senatoral ses- sions were uneventful, being characterized as nsnal by no quorum and the transaction of no business in the line of legislation. In the mean- time the Democratic members were watching for an opportunity to secure some advantage that would enable them through the machinery of the senate to raise a doubt as to the legality of the house of representatives, and thus weaken the Republican case before the senate of the United States.

Finally, on the 15th of January, the fifty- fifth day of the session, this opportunity was believed to have come. It was discovered by those on guard that four Republican members of the senate were either ont of town on leaves of absence or confined to sick-beds. Thereupon the Democratic senators, who had been persist- ently absenting themselves, rushed into the senate prepared to control that body and force an official expression conducive to Democratic interests. So confident were they of their abil- ity to cloud the titles of Senators-elect Sanders and Power, that words of exultation were passed

work. He came with his parents to Montana when he was two years old, and here amid pioneer scenes he was reared. For nine years previous to his location in Mel- rose he was engaged in the stock business, and between the years 1876 and 1880 he kept a dairy, having about sixty cows and selling milk at Glendale. In this way he got his start.

In 1881, when the railroad was built, Mr. Robbins came to Melrose. This town had been laid out the previous fall. In connection with his father, he built the Central Hotel, a saloon and a livery stable, and since then has been actively engaged in running all of them. He also owns a large number of town lots, takes a deep interest in the improvement of the place, and is rated as one of its leading men.

Mr. Robbins was married October 28, 1885, to Miss Lizzy Reese, a native of Wales and a daughter of James J. and Ann J. Reese. They came to Montana in 1882,

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around in Democratic circles and the lobby of the senate was crowded with prominent mem- bers of that party to enjoy the great triumph in store.

After the routine business of the senate had been transacted, Senator Hoffman (Democrat) introduced the following resolution, adroitly framed to serve the purpose of the Democratic conspiracy :

WHEREAS, It is the desire of the senate to proceed with legislative business as soon as pos- sible, and it is the sense of this body that it is not necessary at this time to interfere with or attempt to dictate terins of settlement of the questions at issue between the two bodies of men claiming to be the regularly organized house of representatives of the first legislative assembly of the State of Montana; therefore,

Be it resolved, That the senate as a body do refrain from interfering in the controversy and do further refrain and refuse to recognize either body as the regularly organized house of repre- sentatives until such time as they shall come together and settle the question at issne between themselves.

Before this resolution, or motion, was sec- onded, Senator Fisher (Republican) arose to a point of order that the resolution did not state facts and was subversive of the previous acts of the senate, and therefore could not be enter-

and her parents are now prominent farmers of the Big Hole valley. Mr. and Mrs. Robbins have two children, Ester Ann and William F.

Fraternally, Mr. Robbins is identified with the I. O. O. F. at Glendale. In politics, he is a Republican. He is now serving as Justice of the Peace and Notary Public of his town.

Having been reared in Montana when game of all kinds was plenty, he early in life became an enthusiastic and expert hunter and is still fond of the chase. He has two fine staghounds. In a single month he has killed as many as twenty-three deer, and he has frequently hunted in company with the old Montana pioneers.

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 116

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