An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 131

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 131

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Judge Marshall was married in Ballard county, Ken- tucky, August 30, 1848, to Miss Emma V. Corbet, a native of that State, and a daughter of Jacob Corbet, for many years Clerk of the Circuit Court of Ballard county. Seven children have been born in this family, namely: Susan Alice, widow of A. P. Hall and a resident of Missoula; Mary E., deceased in November, 1889, was the wife of George W. Reves, an attorney of this city; Thomas C., a prominent lawyer of Missoula: Lucy E., wife of Dr. W. W. Richland, of Kentucky; Jacob C., also a resident of that State; and Emma Kate, of Missoula. Mr. and Mrs. Marshall have seventeen grandchildren. Judge Marshall was made a Master Mason in 1855, and has taken the Royal Arch and Council degrees.

tions for dower: opinion by Harwood, J .; in re Davis Estate, 11 id., 1, concerning change of venne, appeals, prejudice of citizens: opinion by Blake, (1. J .; Malloy vs. Berkin, 11 id., 139, concerning cancellation of deed: opinion by Harwood, J .; Dillon vs. Bayliss, 11 id., 178, before eited, in relation to location of mining claims, sufficiency of description: opinion by DeWitt, J .; Gassert vs. Black, 11 id., 185, in relation to mortgages, partnership, accounting, reformation of written instrument, pleading: opinion by DeWitt, J .; Ormund vs. Granite Mountain M. Co., 11 id., 303, relating to dis- covery in making quartz-mining location: opin- ion by Blake, C. J .; Shreve et al. vs. Copper Bell Mining Co., 11 id., 309, concerning loca- tion and discovery of mining claims: opinion by Blake, C. J .; Marshall vs. Livingston Na- tional Bank, 11 id., 351, in relation to assign- ments for the benefit of creditors: opinion by De Witt, J .; Hope Mining Co. vs. Brown, 11 id., 370, concerning tunnel rights: opinion by Harwood, J .; Harris et al. vs. Lloyd et al., 11 id., 390, concerning partners: opinion by Blake, C. J .; Floyd et al. vs. Boulder F. & M. Co., 11

GEORGE SLOAN MILLER, a resident of Deer Lodge, Montana, may properly be classed with the pioneers of the State, he having come across the plains with his par- ents when a boy of nine years, in 1864.

Mr. Miller was born in St. Joseph, Missouri, March 17, 1855, son of Finis Barnet Miller, an honored pioneer mention of whom will be found elsewhere in this work. At the time the Miller family emigrated to Montana, George S., was at an age to appreciate the novelty of such a journey and yet not realize the dangers which attended it Many emigrants who went before and came after them were murdered by hostile Indians, and the safe arrival at their destination of this Christian family Mr. Miller attri- butes to the loving care of a Heavenly Father.

In Helena and Deer Lodge, George S. attended school, and after the removal of the family to California he took a course in the State University at Oakland. He also attended Heald's Business College, San Francisco, of which he is a graduate. After completeiug his commer- cial course, he returned to Deer Lodge and engaged in mercantile business as an employe of W. W. Higgins,

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id., 435, water rights, appropriations, sufficiency of notice: opinion by Blake, C. J .; Quigley vs. Birdseye, 11 id., 439, concerning damages for diversion of water, water rights, title by aliens: opinion by DeWitt, J .; Rochelean vs. Boyle, 11 id., 451, concerning chattel mortgages: opinion by Harwood, J .; Hogan vs. Shuart, 11 id., 498, measure of damages for breach of war- ranty on sale of chattels: opinion by Blake, C. J .; Sweeny vs. Great Falls & C. R. R. Co., 11 id., 523, action for damages for injury to per- son: opinion by Harwood, J .; State ex rel. Palner vs. Hickman, treasurer, 11 id., 541, concerning appropriations, interest on State war- rants, State Board of Examiners: opinion by Blake, C. J .; Ward et al. vs. Board of Co. Commissioners, 12 id., 23, concerning assess- ment and taxation: opinion by Blake, C. J .; Hershfield vs. Telephone Co., 12 id., 102, con- cerning townsites and use of streets for tele- phone poles: opinion by Harwood, J .; Edger- ton vs. Edgerton, 12 id., 122, concerning marriage and divorce and maintenance of wife: opinion by Harwood, J .; MeMasters vs. Mon- tana Union R. R. Co., 12 id., 163, concerning killing of stock by railroads, and right of stock

with whom he remained some time. Later he was engaged in banking, and still later worked for Bonner & Company, a number of years. Then he became a stockholder and secretary of the Lyon Mining Company, and at the same time bookkeeper and secretary of the N. J. Bielenberg Company, in which he still continues. He is interested in both placer and quartz mining. For the past thirteen years he has also done an insurance business, represent- ing some of the largest companies in the world, among them the Royal of Liverpool, England.

Mr. Miller was married April 27, 1881, to Miss Eva J. Fox, of Minneapolis, Minnesota, and they have three children, all born in Deer Lodge-Gny E., Orofino and George S., Jr.

Mr. Miller is a member in good standing of the Masonic fraternity, holding an important office in the order, and he is Past Master Workman in the A. O. U. W. Politi- tically, he has always been identified with the Democratic party. Both he and his wife are worthy members of the Episcopal Church.

to run at large: opinion by Harwood, J .; Cole- man et al. vs. Curtis et al., 12 id., 301, in rela- tion to annual representation of mining claims, before referred to: opinion by Harwood, J .; Muller vs. Buyck, 12 id., 354, cancelation of deed, resulting trust, fraud and duress: opinion by Harwood, J .; Salazar vs. Smart et al., 12 id., 395, in relation to the appropriation and use of water, without record: opinion by Har- wood, J .; Teitig vs. Bozeman B. & Co., 12 id., 404, concerning assignments by corporations: opinion by Harwood, J .; Hoffman vs. Beecher, 12 id., 489, mines and mining, adverse claim, jurisdiction: opinion by Blake, C. J .; State ex rel. Board Co. Com. Yellowstone Co., 12 id., 503, in relation to taxation for school purposes: opinion by Blake, C. J .: Pigott vs. Canvassing Board, 12 id., 537, concerning regularity of nomination, election, duty of canvassing board: opinion by Blake, C. J .; Raymond vs. Wim- sette, 12 id., 551, concerning defense to claim of priority of water right: opinion by Harwood, J .; in re Ricker Estate, 13 id., -- defining the rights, duties and liabilities of executors and trustees: opinion by Harwood, J.

These cases and others in the Montana Re-

EDWARD CARDWELL, of Cold Springs, Jefferson county, was born in 1832, in the village of Glenavey, county of Antrim, Ireland, being the eighth born of a family of ten. His father, Edward Cardwell, was a farmer in moderate circumstances ; his father was a non-commissioned officer in the English army, together with five brotbers, two of whom were killed at the battle of Waterloo.

The subject of this sketch attended school while in Ireland, and after the death of his parents emigrated to America, then beiug sixteen years of age ; went to Can- ada, where he experienced all the vicissitudes of fortune that young emigrants usually experience in a country without friends or money; returned in the spring to Rochester, New York, and there learned the trade of car- riage painting, which business he followed for some years through the State of New York and in Canada. In The meantime he attended the high school at Rochester and when short of funds was compelled to work at his trade. When in possession of the sum of one thousand dollars he decided to go West, and in the spring of 1857

Boardin !!

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ports show that the courts have consumed much time and study in an effort to make known what the legislative assembly intended by the statutes enacted.

The statutes of Montana have always been imperfect, confused and incomplete. One cause of confusion and lack of system is the fact that members of the legislative assembly have gen- erally been men who came to Montana from widely separated States, and they brought with them recollections of the statutes in force in the place of their former homes, and thereby have been enacted into the statutes of Montana de- tached. fragmentary and incomplete portions of the statutes of other States. For instance, our statutes in relation to the estates of deceased per- sons is a collection of fragments, part of them coming from California, part from Missouri and part from New York and Ohio.

No branch of law ought to be more sacred than that which relates to the estates of deceased persons. No larceny is so wicked or cruel and no neglect so culpable as that which absorbs or permits the spolation of the property of widows and orphans, in the form of fees and

charges. Our constitution creates the office of public administrator. There never was any ne- cessity for such an office, for, in the absence or disability of those otherwise entitled, the court would always find a suitable person to act as administrator. There must be something in- herently wrong in a system that tempts men to commit murder for the sake of administering npon the estate of the victims. There must be something inherently wrong in a system which permits the absorption of estates without leav- ing anything behind. An office that is a per- petual menace to the property of citizens and that offers more temptations than ordinary human nature can stand, onght to be abolished.

We have statutes giving to the widow and to the surviving husband "community property," but we are not informed as to what " commu- nity property" is. Our sections in relation to this kind of property are detached fragments of the California system, which with ns has no meaning and performs no office except to con- fuse and obscure the law.

Who can determine from our statutes what interest a surviving wife is entitled to in the

went to Leavenworth, Kansas. At that time Kansas was in a state of turmoil, owing to the feeling that existed between the Free Soilers and the border roffians, as they were called. Leavenworth at that time was the outpost of civilization, as all west of the river only the Indian, the buffalo and wild animals were to be found. He se- cured employment at his trade in the Quartermaster's Department at Leavenworth, where he remained for three years, going to Colorado in the spring of 1860, being attracted by the discovery of gold. From there he followed the throng to Pike's Peak and after prospecting for awhile he became superintendent for P. D. Casey, a prosperous miner and quite a noted character in those days. He was attracted still farther west by the Alder Gulch gold discoveries, arriving, in that camp November 7, 1863, where he met many of the men be had become acquainted with in Colorado. He entered into partner- ship with John Caplice and Peter Ronan and miued at Central City, Virginia City and at Bummer Dan's Bar, passing through the exciting times where the road agent made life uncertain. He witnessed the hanging of Ives, Boonhelm, Gallagher and many other lawless men by the

friends of law and good society generally known as the Vigilantes. After the hanging of those murderous wretches, Mr. Cardwell ventured to return to the States and succeeded in getting out without being molested by the highwaymen. The trip was a hard one, as it took six weeks to reach Salt Lake. The party left their wagons at Port Neuf canon and have never seen them since. After a visit in the States hereturned to Montana, and again engaged in mining, stock-raising and farming in Jefferson county, his present home, which occupation he has since followed.

Senator Cardwell is well known throughout the State both in public and private life, having served his country in the Council, in the Ninth Assembly ; was also a mem - ber of the Twelfth, Thirteenth, Fourteenth and Fifteenth Territorial Assemblies; was a delegate to the Constitu- tional Convention ; was a candidate for the Senate on the Democratic ticket at the first State election, and was de- feated, but at the election of 1890 was more successful, and again occupied a seat with the State law-makers. He is a bachelor.

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estate of her deceased husband, or what interest a surviving husband is entitled to in the estate of a deceased wife? Is the widow entitled to dower? May she make her election under the will of her husband? What is she entitled to as heir? Our statute of 1876 gave to the widow dower, authorized her to make her elee- tion under the will of her husband, and abol- ished tenancy by the courtesy. This act, with- out ever having been repealed, or suspended, was left out of the revision of 1879. That re- vision purports to contain all the laws of a general nature in force at the expiration of the eleventh regular session of the legislative as- sembly on the 21st day of February, 1879.

This revision also provided that the home- stead selected by the husband or wife during coverture and recorded should vest, upon the death of either, in the survivor, but does not provide how or in what manner the homestead should be selected, or where the certificate of selection should be recorded.

This revision also provided, in one section, that there should be no imprisonment for debt, and in another section anthorized such im-

GEORGE BICKERTON WINSTON, attorney at law, Ana- conda, Montana, is a native of the State of Missouri, born in Jefferson City in 1861. His father, Dr. George D. Winston, was one of the prominent physicians and sur- geons of that city.

In the schools of his native city and in the high school of St. Louis George B. Winston received his early educa- tion. The higher branches he studied under a private tutor. He read law in the office of Ewing & Huff, a prom- inent law firm of Jefferson City, and for a time he was assistant State Librarian, concluding his course of study while filling that position. In.1884 he was admitted to the bar and to practice in the Supreme Court of the State, in Jefferson City, and soon after his admittance he came west to Montana and located in Anaconda. Here his qualifications and his special adaptation for his chosen profession soon gained for him the recognition he de- served, and he rapidly won his way to the front. He now rauks with the able counselors and successful attorneys of this part of Montana.

Mr. Winston was married in 1881 to Miss Alice Shep- ard, of Jefferson City, Missouri. Her parents, natives of

prisonment; in one section it provided that the county superintendent of schools should ap- point school trustees to fill vacancies, and in another section that such vacancies should be filled by election. There is one whole chapter upon the subject of county roads, but we are nowhere informed what a county road is.

The statutes relating to private corporations have many imperfections, and under the lan- guage used corporations are authorized for al- most every conceivable purpose, until our people, instead of being men and women, re- sponsible for their acts and obligations, are walking corporations and responsible for nothing at all.

The statutes upon the subject of eminent do- main, the right of way through mining elaims for roads and highways, for railroad, and for irrigating and mining ditches, are conflicting, confusing and incomplete. We have no statute regulating assignments for the benefit of ered- itors, but assignments for that or some other purpose are constantly going on.

After the revision of 1879 four regular sessions of the legislative assembly intervened,

New England, are deceased. Mr. and Mrs. Winston have one daughter, Frances A. He and his wife are members of the Episcopal Church, of which he is a Trustee.

Mr. Winston was a member of the Constitutional Con- vention in 1899, which framed the constitution on which Montana was admitted to the Union. He was also the first City Attorney for Anaconda. The only fraternal organization with which he is connected is the Order of Elks, Anaconda Lodge, No. 239, a benevolent and protect- ive body. In this he is the Esteemed Leading Knight.

CHARLES SCHATZLEIN, a prominent paint and wall-pa- per merchant of Butte City, Montana, dates his birth in Pennsylvania, in 1857. His parents had emigrated to this country from Germany and settled at Mauch Chunk, Car- bon county, where the father was a tradesman. They were members of the Lutheran Church and were highly respected people.

At Mauch Chunk the subject of our sketch was reared and received a common-school education and there also he learned the trade of painting and house decorating. In 1880 he came to Montana, and since the spring of that year has been identified with the city of Butte. For nine

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and then came the compilation of 1887; but neither the subsequent legislation nor this com- pilation did very much toward curing the de- fects contained in the revision of 1879.

Chapter XXII of this compilation, relating to municipal corporations, has been hammered at, wounded and butchered by five successive legislative assemblies, and is left in a sickly, dazed and hopeless condition.

Special legislation-the enactment of laws not for the public good or to promote the general welfare, but to promote the welfare of particu- lar persons, or to promote particular enterprises or speenlations at the public expense- disfigure our statutes.

By such kind of legislation as this has the legislative assembly been the breeder of litiga- tion, the promoter of lawsuits, the feeder of the courts and consequently the cause of high tax- ation, for every lawsuit that is tried costs the people money, whether the controversy arises from an imperfect statute or other cause.

But the legislative assembly has not always been so much to blame for the confused and imperfect condition of our statutes or their lack

years he worked at his trade. In 1890, in partnership with Governor Rickards, he established his wall-paper and paint business. Subsequently he purchased the Governor's interest in the establishment and has since been sole owner. His store is located on West Broad- way at No. 14. Here he occupies two floors, each 36 x 100 feet, has a large stock and does both a wholesale and re- tail business, his business extending not only throughout Montana but also into Idaho. Ile manufactures a fine quality of liquid paint, for which he has a large demand. In Butte City he still conducts his painting and house- decorating business and in this line of work constantly employs a large force of hands.

Ever since he located in Butte City Mr. Schatzlein has taken a deep interest in its public affairs. He is now serving his second term as Alderman, having been elected to the position by the Republicans of the Second Ward. He is an active member of the I. O. O. F., having passed all the chairs in both branches of the order; is also a member of the Grand Lodge of Montana.

Mr. Schatzlein was married in 1885 to Miss Emma Mar- tin, a native of his own State. Since coming to Montana

of symmetry and completeness. It was a mis- taken idea of economy during the Territorial period, that the organic act limited the session of the legislative assembly to forty days, once in two years, and the time given to legislation by the State constitution is not much better. No doubt there is too much legislation; but the brevity of the session does not seem so much to have affected the quantity as the quality of the laws enacted.

There are other canses which have contrib- uted to the weakness and imperfections of our statutes. In theory, the best and wisest men are selected to make laws, but in practice the office of law-maker is secured, not by the best man, but by the best wire-puller and profes- sional politician; and the member thus chosen, in order to show that in some miraculous man- ner and in a night he has become a statesman, finds at once that existing statutes are wrong, while his real purpose is to offer himself for sale to those who are using the legislature to promote their private schemes and at the same time he must attempt to do something for the people of his district, in order to secure a re-

they have made many warm friends and are held in high esteem by all who know them.

COLONEL TIMOTHY O'LEARY, a prominent citizen and lawyer of Anaconda, Montana, was born in Queenstown, Ireland, December 15, 1846, of Irish parentage. He at- tended the Christian Brothers' School and also took a college course.

In 1862, when a boy in his 'teens, Mr. O'Leary came to America to join the Irish Brigade, but they were not re- cruiting, so he joined the United States Regulars, as a private, and served with the Fifteenth Army Corps, par- ticipating in the battles of Stone River. Chickamaugua, Missionary Ridge and Kenesaw Mountain, and in vari- ous skirmishes. He was twice wounded,-first, at Chick- amaugna, where he received a gunshot wound in the breast, and, second, at Kenesaw Mountain, where he was shot through the foot. He continued in the service until the close of the war, being mustered out in July, 1865. Soon after this he became connected with the Fenian movement, and participated in the battle at Ridgeway, June 2, 1866, against the Queen's Own. Later he was military organizer of the Fenians, holding the

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election; and so each session brings forth num- berless bills concerning everything but the pub- lic good. The desire for re-election demoral- izes and controls both national and State legislation. Other members have the old- fashioned notion that they were elected to enact general laws for the general welfare, and despise all efforts to make the legislature the polluted instrument of private gain and specu- lation.

With these conflicting aims and purposes it is no wonder that in a forty or sixty days' session vicious or imperfect statutes are hurried through the legistature before sober reflection has re- vealed their character or pointed out their er- rors. As a matter of fact, most of the legisla- tion of Congress and of the State legislatures is rushed through during the last hours of the ses- sion.

After a complete system of statntes has once been enacted it ought to be let alone, except to correct such errors and abuses as experience and time bring to light. After such a system has once been established, though imperfect, it would be better to have no legislatures at all than to have the statutes mangled and made more uncertain by further legislation.

position of Adjutant General, with headquarters in New York, aud during this time he also studied law. In 1870 he came west to Minnesota and settled down to the prac- tice of law, in which he was engaged there up to 1885. That year he received from President Cleveland the ap- pointment of Post Office Inspector, and was inspector in charge at Philadelphia. In 1889 he came to Anaconda and opened his law practice in this city, where he has since continued, meeting with satisfactory success. Since coming to Montana he has also become interested in various mining operations.

Colonel O'Leary was married in 1876 to Miss Kate Ahern, a native of Brooklyn, New York. They have one son, Howard, who is now aiding his father in the law office.

The Colonel is a prominent member of the A. O. U. W. and of the Elks, having filled important offices in both orders. He is a mau of wide experience and ability, and both he and his family are among the most highly es-

If sufficient time and study were given to the task, statutes might be made so simple and plain as to be their own interpreters, withont the aid of courts and lawyers, and by the same means systems of statutes or codes might be made so elear and certain as to require no revelation or rules of interpretation to understand them.

The people of Montana are entitled to a com- plete system of statutes free from contradictions or inconsistencies, and such a system as will carry into effect and put into active operation every provision of the constitution of the State; and it is the duty of the bench and the bar of the State to aid in bringing about this result.

The legislative assembly must cease to be the breeder of lawsuits; it must cease to levy taxes to pay for the interpretation of its own statutes or for explaining its own blunders. None but shysters and legal brigands and vampires hope to add to their gains by lawsuits that arise from confused and imperfect statutes.

Besides those already named, the lawyers who have practiced in the State Supreme Court are as follows:

W. M. Cockrill, F. N. MeIntire, W. L. Hay, M. S. Gunn, G. O. Freeman, C. P. Drennan, James R. Goss,, H. C. Cockrill, James Forbis,

teemed people of Anaconda. They are members of the Catholic Church.

FRANK BELEY, Mayor of Livingston, Montana, is one of the enterprising and progressive young men who came from an Eastern home to Montana a few years ago, and has already attained a success here, of which he may justly be proud. The following biography is of interest in this connection:

Frank Beley was born iu the State of New York, July 22, 1859, son of George and Catherine (Levens) Beley, descendants of French ancestors who were early settlers of the Empire State. His father is engaged in agricult- ural pursuits in New York, still owning and occupying the farm on which Frank was born.

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 131

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