An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 122

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 122

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On the afternoon of November 22, the day preceding the time when the legislature was to convene, several delegations of prominent citi- zens called at the executive office and stated to Governor Toole that in their opinion, if the conteuding bodies should meet at the court- house in the absence of a proclamation by the governor designating that as the place for the meeting of the house of representatives, both parties would assume the right to the exclusive ocenpancy of the building, and that a riot would ensue. They also stated that it was rumored upon the streets of the capital that the United States marshal was in the city; that he had sworn in a large number of deputies,

her mother; William S., of Madison valley; Clinton A., a resident of Butte City; John B., also of Madison valley; Jefferson Davis, who died while on the journey to Mon- tana, aged six years; Anna E., wife of C. F. Berendes, a prominent business man of Boulder; and Seymour D., engaged in the livery business in Boulder.

The family came up the Missouri river to Montana in 1865. While on the river their boat sank at De Soto, where they were obliged to land, and were detained there a month. Their son's death occurred at that place. They also lost nearly their entire possessions, among which was a sawmill, losing altogether several thousand dollars' worth of goods, and were accordingly obliged to begin their Montana life with very little. After arriving in this State the family resided in Helena two months, and Mr. Sloan then purchased a squatter's claim to 160 acres of land, to which he afterward added forty acres more. He

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who had offered their services to lead an attack upon the courthouse and capture it from the possession of the county commissioners, who at the time had not consented to its occupancy, except under the direction of the governor, with whom they proposed to contract.

Meantime, these rumors were widespread, and many who had become alarmed awaited with anxiety the event of the conflict. Where- upon Governor Toole, taking the advice of Attorney General Clayberg, a lawyer then and since eminent in his profession, as well as the opinion of the ablest members of the bar in the Territory, determined to declare, as he had been advised and believed the law to be, that the persons holding county certificates of election were prima facie members, and as such were entitled to organize the house. Accordingly, in the afternoon of November 22, he issued the following proclamation :

WHEREAS, On the 11th day of November, A. D. 1889, a proclamation was signed and is- sned convening the first Legislative Assembly of the State of Montana, at the seat of govern- ment, on Saturday, November 23, 1889, at 12 o'clock, noon; and

WHEREAS, No provision of the constitution or of the laws provides the place in which the said

immediately engaged in raising cattle and horses, of which he soon had a large drove, and they brought the highest prices. Mr. Sloan had served his country in the Mexican war, and during that time received an injury which afterward resulted in a sore on his leg, and from which he was always a great sufferer. His death occurred of heart disease, August 8, 1888. He had been at work on his farm, but, not feeling well, returned home, and soon expired. He was a kind husband and father, an ex- cellent citizen, and his loss was deeply felt by the entire community, in which he had so long been an upright and honorable citizen. His parents had been adherents of the Christian Church, and he was raised in that faith. In his political relations he was a stanch Democrat. Mrs. Sloan still resides at the old homestead, and is assisted in the management of the farm by her youngest son.

OWEN KELLEY, one of Montana's respected pioneer farmers, was born in county Cavan, Ireland, in 1835, a son of Patrick and Catherine (Evans) Kelley, also natives

legislative assembly shall meet, and no officer or person is expressly authorized by the consti- tution or the laws to designate such place of meeting; and

WHEREAS, It is necessary that such snitable and convenient place of meeting shall be desig- nated and provided: and

WHEREAS, It has come to my knowledge that two sets of certificates have been issued to per- sons claiming to be elected to said legislative assembly, each emanating from a different source, and not all to the same persons; and

WHEREAS, It is probable that a conflict may arise between the respective claimants to seats in said body, and the organization thereof, which may imperil the peace of the State; and

WHEREAS, One set of said certificates has been issued and delivered pursuant to section 1033 of the General Election Laws of Montana, by the county clerks of the respective counties, and by virtue of section 18 of an act of the Legislative Assembly of the Territory of Mon- tana, entitled " An act to provide for the regis- tration of the names of electors, and to prevent fraud at elections," approved March 8, A. D. 1889; and

WHEREAS, By express law, the persons hold- ing such certificates are declared to be entitled to membership and deemed to be elected for all purposes of organization of either branch of the legislative assembly; and

of that country. They were industrious farmers and de- vout Catholics. The father died at the age of forty-five years, after which the mother came to reside with her sons in Missoula, her death occurring when ninety years of age.

Owen Kelley, one of six children, four sons and two daughters, received his early education in his native land. When only fifteen years of age he started alone on the long sea voyage to America, to make his own way in the world in the "land of the free." His first work was in Connecticut, in a cotton mill, for which he received 75 cents a day, and boarded himself. He was subse- quently promoted until he received $2 per day. In 1858 Mr. Kelley started for the Golden State, and, after ar- riving in San Francisco, mined on the Yuba river, in Sis- kiyou county, also in various other places, meeting with fair success. From that place he went to Florence, on the Salmon river, shortly afterward to Boise Basin, Idaho, and in July, 1865, came to Montana, first locating at Hel-

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WHEREAS, When so organized, such legislative assembly by the constitution becomes the judge of the qualifications of its own members;

Now, therefore, I, Jos. K. Toole, Governor of the State of Montana, do hereby designate the courthouse of the county of Lewis and Clarke, at the said seat of government, as the place where said legislative assembly, comprising the persons holding and presenting certificates of election from said county clerks, shall meet, to wit: The house of representatives shall meet in the hall formerly occupied by the Territorial house of representatives, and the senate shall meet in the chamber formerly occupied by the Territorial council.

For the observance of this proclamation I in- voke the aid of all good citizens, without dis- tinction of party.

On the next morning he issued the following letter of instructions to Captain John Smith, in whose charge the courthouse had been placed:

Sir: At 12 o'clock, noon, to-day, you will open the doors of the house of representatives and admit no person to the floor except persons elaiming to be members of that body. When notified by any member whom you have ad- mitted that the house of representatives is temporarily organized, you will turn over your keys to such persons as the house may desig- nate. If the auditor of state appears at the door before you are released by the person des-

ena. After mining and prospecting for a time, Mr. Kel- ley went with the Sun river stampede in the winter of 1865, and during the journey many of the miners suffered severely with the cold, a number having been frozen to death. Our subject mined with good success at Beaver Gulch, his largest nugget of gold being worth $56. He also mined at Cedar creek, but, like all miners, found and lost money.

From that place he came to his present location, in the Bitter Root valley, four miles west of where now stands the beautiful and thriving city of Missoula. In that early day Mr. Kelley pre-empted 160 acres of land, also home- steaded 160 acres, has since added another 160 acres, and now owns one of the finest farms in his section of the county. The land is adapted to the raising of wheat, oats and all kinds of vegetables. In partnership with his brother, William, Mr. Kelley is extensively engaged in the stock business.

ignated by the house of representatives you will admit him to the floor of the house. When you are released by such person your employ- ment ceases.

The result of this was that the Republican members refused to meet with their colleagues at the courthouse, organizing a body of their own, and proceeded to adopt a report passing severe strictures upon the action of the gov- ornor. When the report was made public, a number of gentlemen, some of them of national reputation, and all prominent in the politics of the State, signed and published in the Helena Independent of December 1, 1889, the follow- ing communication, which was a complete refutation of the charges made by the report promulgated by the Republican house:

On Friday afternoon, November 22, it was apparent that there was a determination on the part of both Republicans and Democrats to take possession of the courthouse and hold it for the purpose of organizing the house of representatives. The United States marshal was in the city and it was rumored that he had sworn in a large number of deputies, and that several persons had proffered their services to lead an attack upon the courthouse if the Dem - oerats sought to hold possession as against those Republicans who did not hold certificates

September 15, 1883, our subject was united in marriage with Miss Susan Madden, also a native of Ireland. They have four children,-William, Nellie, Mary and Owen. Mr. Kelley has always taken an independent course in political affairs, casting his vote for the best man. The family are strong adherents to the Catholic faith, and aided liberally in the construction of the fine church edi- fice in Missoula. He has always been a man of industry, economy and integrity, and his success is well earned and richly deserved, as is also the good name which such a course in life has secured for him.

DR. LOUIS A. VAWATER, one of the leading physicians of Boulder, was born in West Virginia, October 22, 1840. Edward Vawater, the first of the family in this country, came from England to Virginia in the early part of the seventeenth century. He settled in Essex county, where his two sons, Edward and William, were born, and both served on the Colonial side in the Revolutionary war,

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from county clerks. Some Democrats were ex- pressing a similar determination on their part. During the afternoon of that day, several dele- gations waited upon Governor Toole, and brought the above facts to his attention, and gave it as their opinion that if the contending claimants should meet at the courthouse in the absence of a proclamation from the governor designating that place as the place for the meeting of the house of representatives, that both parties would assume the right to the exclusive occupancy of the building, and a riot would ensue. It was urged that the power of the executive was plenary to see that the per- sons presenting and holding the county certifi- cates (being the lawful certificates), and no other person, should enter the legislative hall. Thereupon, Governor Toole said that, notwith- standing what had been urged, he would not exercise or attempt to exercise any such anthor- ity, but that in his opinion the county certifi- cates were prima facie evidence of member- ship, and that persons holding such under the law were entitled to temporarily organize the house, and that under the circumstances he would declare that to be the law, and designate the courthouse as the place for the meeting of such; but that he would not under any circum- stances undertake to prevent any person claim- ing to be a member of the house of representa- tives from meeting at such place, no matter

William, the grandfather of our subject, secured the ap- pointment of Government Surveyor from the Governor of Virginia, moved to West Virginia in 1791, and pushed as far down as the mouth of the Kanawha river, and there met and married Miss Margaret Henderson, a native of Point Pleasant, West Virginia, and a danghter of James Henderson. After their marriage they located on Hans creek, Monroe county, that State, where they lived until death, the husband dying at the age of eighty-six years, and the wife reached the age of ninety years. Six chil- dren, three sons and three daughters, were born to that union. The eldest child, Jonah Vawater, the father of our subject, was born at the old homestead in Virginia, in 1800. He inherited his father's estate, and continued to reside there until his death, in 1878, at the age of seventy- eight years. He was a successful planter and prominent citizen, and represented his district several terms in the Legislature. In 1827 he married Miss Clara S. Peck, a native of Giles county, Pennsylvania, and they had thir-

what sort of certificate he held. In this de- termination he was unalterable. He then said to us that he intended so issue a proclamation, which he read to us. It was the same one issned and published Saturday morning. We heard read in the house of representatives the following letter (here follows Governor Toole's letterto Captain Smith). This letter is in keeping with what Governor Toole said to us before the proclamation was issned. We make this statement in justice to Governor Toole, whose action has been criticized by the very persons against whose presence in the house of representatives he refused to interpose objec- tions. The proclamation of the Governor was timely, and in our opinion was the means of preventing a breach of the peace, if not more serious consequences. W. A. CLARK, MARTIN MAGGINNIS, JOHN R. TOOLE, W. M. THORNTON, WALTER COOPER.

The Republican members of the house re- fused to be comforted, and continued to remain in their separate organization. Later in the session Governor Toole sent a message to the Democratic house, in which this retcrence was made to the situation then existing:

It is to be regretted that the body wrong- fully assuming to be the house of representa-

teen children, twelve of whom grew to years of maturity. The mother died in 1882, at the age of seventy-two years. They were worthy members of the Methodist Church for many years.

Louis A. Vawater, the third child in order of birth, re- ceived his primary education under a private tutor, later attended the Union Academy, and then entered the Emery & Henry College, in Washington county, West Virginia, graduating at the latter institution in 1854. He was then for a short time engaged in engineering, after which he turned his attention to the study of medicine, under Dr. E. W. Peck, of Red Sulphur Springs. In 1860 Mr. Vaw- ater received his first course of lectures at Richmond, Virginia. At the opening of the late war, in 1861, he entered the Confederate service, as Captain of volunteer infantry, Thirtieth Battalion; was taken prisoner at the battle of Winchester, September 19, 1864, and held at Fort Delaware until in July, 1865, when he was set at liberty. Returning to his home in West Virginia, the

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tives, and which met in the place designated by the auditor, misinterpreted the proclamation of the executive, as well as the letter of instruction to Captain Smith, as claimed by the report adopted and promulgated by its committee. Fully appreciating the wide distinction between the ex- eentive and legislative departments of the govern- ment, and the independence of each as contem- plated by the constitution and desiring to be fairly considered by my countrymen, honor bids me forget pride, and will not permit me to con- clude this message without putting on perpet- mał record a solemn and public refutation of the charge, " that the Governor, by his proclama- tion or otherwise, at the time it was issued or at any other time, ever intended to interfere with the right of any person claiming to be a member of the house of representatives, to his seat," or " that it was the intention of the Gov- ernor to conceal the said instructions to the said John Smith until after the temporary or- ganization of the house of representatives, and by virtue of his control of the room in which the people's representatives were to assemble, to dictate who would enter therein."

No person outside of the Republican party, then organized to capture two senatorships from the people, ever construed the letter of instructions to Captain Smith as meaning any- thing more than its exact purport, or doubted

Doctor had charge of his father's plantation for a time. During the winter of 1867-8 he took a course of lectures at Cincinnati, in the Ohio Medical College, in the latter year began the practice of his profession at Ballardsville, West Virginia, and from that time until 1882 practiced medicine with R. E. Barnett in Hancock county, Indiana. Dr. Barnett died during the latter year, and our subject then received the appointment of Physician to the Round Valley Indian Agency in California. He resigned his position there in 1884 and came to Montana, where he followed his profession at Radersburg, Jefferson county, until 1893. Since that time he has been engaged in the practice of medicine in Boulder. The Doctor is also in- terested in mining interests in Montana, but has given his undivided attention to his chosen profession. He is a member of the Presbyterian Church. In political matters Dr. Vawater was formerly identified with the Democratic party, but is now decidedly in favor of the free coinage of silver.

that the Democrats were entitled to organize the house of representatives, and that the action of Governor Toole was right and proper.

The first State senate was equallly divided politically. The lieutenant governor, a Repub- lican, being the presiding officer, on a tie vote would cast the deciding ballot. The senate did not organize at once, awaiting the action of the members of the house.

Two houses were organized, the Republican house meeting in what was called the Iron Front, and the Democratic honse convened in the place designated by the governor in his proclamation. The result was a dead-lock last- ing many days, but broken at last by the Re- publican members of the senate ignoring all parliamentary laws and usages, and supporting the rulings of its presiding officer, in declaring, in effect, that seven was a majority of sixteen, and holding that no appeal could be taken from the rulings of the presiding officer. In this way they effected what they called an organiza -- tion of the senators, without a majority of the senators. They at once recognized the honse sitting in the " Iron Front." The two Repub- lican houses thus recognized each other ballot- ed for United States senators, and, without a

JAMES B. MCMASTER, a Montana pioneer of 1864 and now a successful business man of Deer Lodge, is a native of Massachusetts, born in Watertown, July 7, 1839.

His father, William McMaster, was a native of Scot- Iand. He married Miss Sarah Boyd, the daughter of Scotch-Irish parents, and after their marriage they emi- grated to America and settled in Massachusetts, first at Boston and afterward in Watertown, where they reared their family of twelve children, eight sons and four daughters, James B. being the ninth born and one of the five who are still living. In 1853 the MeMaster family removed to Kalamazoo county, Michigan, where the father spent the residue of his life and died, the date of his death being 1868, and his age seventy years. The mother de- parted this life in 1890, at the age of eighty-seven.

James B. McMaster received his education in the pub- lic schools of Massachusetts and Michigan. March 19, 1864, he set out from his Michigan home en route for Montana, going to St. Joseph, Missouri, crossing the river

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legal majority in either house, they declared T. C. Power and W. F. Sanders elected to the United States senate. The Democratic senate and Democratic house balloted for and elected W. A. Clark and Martin Maginnis as United States senators from Montana. The last two named gentlemen were accredited to the United States senate by the certificate of the governor, while the Republicans chosen went to Washing- ton with such credentials as the rump houses could give them.

The history of the contest between these gen- tlemen for the seats in the United States senate is given in full in the Congressional Record of the First Session of the Fifty-first Congress, Senate proceedings. It is too lengthy to find a place in this brief summary of events. Dur- ing the progress of the investigation, the out- rage and villainy of the returning boards was exposed and denounced by the ablest men in the senate. But a Republican senate, true to its instincts and its past history, ignoring the merits of the contest and the right and justice of the case, yielded to partisan bias and the clamor of political leaders, and seated the men selected by an illegal legislature.

on the 10th of May, and from that point making the rest of the journey with ox teams. The party of which he was a member consisted of thirteen men and they had thirteen yoke of oxen, their outfit being held in partner- ship. Mr. William Jenkins was their leader. After 100 days of travel they landed safe at Virginia City, August 20. Mr. McMaster remained there two years, engaged in placer mining, a part of the time meeting with fair suc- cess. In March, 1866, he came to Deer Lodge, and on the 21st of that same month went to the placer diggings at Elk creek and Beaver Gulch. There he obtained good claims and mined for two years, employing about ten men and a part of the time taking out from seventy to 125 ounces per week. In 1868, with a partner, he opened a store at Reynolds City and sold miners' supplies there a year, or until the camp went down. In 1869 the Boone creek excitement in Idaho drew him to that place. This expedition, however, proved a fruitless one and he re- turned to Deer Lodge. Then for a number of years he mined at Yam Hill, and his operations were attended

There was only one tribunal before whom the matter could ever be fairly and impartially tried. In November following there was to be a general election. The Democratic party was anxions to submit the late controversy to the people. This was the final opportunity. Ac- cordingly, the platforms of the respective parties rung, one with praise, the other with denunciation, of the action of the Demo- crats and the part taken by Governor Toole. The campaign opened at Helena by a grand meeting ratifying the nomination of W. W. Dixon, the Democratic nominee for Congress. The recorded evidence of current events shows how anxiously the governor and the Democracy of the State awaited the issue, and how fear- Issly and confidently it was pressed before the people. In a scathing speech, made by him at the ratification meeting just mentioned, Gov- ernor Toole thus arraigned the Montana return - ing board and its beneficiaries:

" Fellow Citizens: The issue is a plain one. Less than a year ago the political honor and in- tegrity of the State was openly violated and debanched. The men who consummated that crime, which will be swiftly followed by an

with fair success. In 1874 he worked a river claim in Jefferson county, but as he did not meet with satisfactory returns he again came back to Deer Lodge, and until 1879 mined at Beaver Gulch. In 1879 he was elected Assessor of Deer Lodge county, on the Democratic ticket, and in 1881, at the expiration of his term, was elected Sheriff. He served two terms as Sheriff, being re-elected in the fall of 1883. Since his retirement from office he has been engaged in mining, farming and other business at Deer Lodge. He owns 173 acres of land adjoining the city, on which property he has an elegant residence which he and his family occupy. A portion of this ranch he has platted, forming what is known as the McMaster Addition to Deer Lodge.

Mr. McMaster was happily married in October, 1882, to Miss Carrie Fisher, a native of Switzerland, and they have two interesting children, a son and daughter, James F. and Florence, the daughter being an adopted child.

Our subject is a Royal Arch Mason and also a member of the A. O. U. W. He has all his life affiliated with the

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avenging Nemesis, are impudently asking vin- dication before the ink is fairly dry upon their certificates of election that recorded a lie. In the midst of the turbulent and tempestuous time that followed that outrage, when the pas- sions of the people were inflamed by the great provocation that environed them, it was difficult to maintain a conservative course, and prevent a popular uprising of the people. But all things come to him who bides his time. That time has finally come. Justice has traveled with a leaden heel, but is ready to strike with an iron hand. We seize the opportunity with avidity, and challenge every issue that such an enemy can invent. Such men as these, whose leadership dominated and controlled the Butte convention, have honored me with their cen- sure. I predict that when the truth of history shall be told, as told it will be in this campaign, the scurvy politician who uniformly substi- tutes lies for logic will hang his head in shame. As the law officer who prosecutes, the jury that tries, and the judge who sentences the law- breaker, each in turn is denounced by the guilty culprit, it is not surprising that I have incurred the displeasure of those who were participes

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 122

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